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

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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, SECOND SESSION

Vol. 154 WASHINGTON, TUESDAY, FEBRUARY 12, 2008 No. 23 House of Representatives The House met at 12:30 p.m. and was Ovington, William English Walling and Founded on February 12, 1909, the called to order by the Speaker pro tem- Dr. Henry Moskowitz to meet in a NAACP is the Nation’s oldest and larg- pore (Mr. BUTTERFIELD). small room of a New York City apart- est civil rights organization. It has f ment and commit the fledgling NAACP worked successfully with allies of all to the most important social move- races who believe in, and stand for, the DESIGNATION OF SPEAKER PRO ment in our national history. Today, principles of civil rights on which the TEMPORE the spirit of those brave and patriotic organization was founded. The SPEAKER pro tempore laid be- founders lives on in its leaders, like Dr. The NAACP’s legacy includes his- fore the House the following commu- Joan Duval-Flynn, president of the toric events as well as distinguished nication from the Speaker: Media, Pennsylvania NAACP chapter leaders, as I mentioned, W.E.B. Du WASHINGTON, DC, in my home district. I rise today to Bois, but other civil rights leaders such February 12, 2008. congratulate Dr. Duval-Flynn for her as Rosa Parks and Medgar Evers and I hereby appoint the Honorable G.K. vision, intelligence and dedication. She Thurgood Marshall, who served as spe- BUTTERFIELD to act as Speaker pro tempore leads a chapter of the NAACP born of a cial counsel for the NAACP when he ar- on this day. violent act in the early 1920s and com- gued the historic U.S. Supreme Court NANCY PELOSI, mitted to making Delaware County, Speaker of the House of Representatives. case of Brown v. Board of Education, a Pennsylvania, a 21st century commu- landmark victory for equality that f nity where people of all colors and outlawed segregation in our schools. MORNING-HOUR DEBATE creeds live together as neighbors, Our obligation to African Americans friends and first-class citizens. and all Americans is to honor the ac- The SPEAKER pro tempore. Pursu- In my first year representing the complishments of the past by acting in ant to the order of the House of Janu- Seventh District of Pennsylvania, the a substantive manner to improve their ary 4, 2007, the Chair will now recog- NAACP’s magazine, The Crisis, fea- lives in the future. nize Members from lists submitted by tured an article titled ‘‘Woman War- Thank you, NAACP; thank you, Dr. the majority and minority leaders for riors, Female Combatants Sacrifice Joan Duval-Flynn; and thank you for morning-hour debate. Lives for Country.’’ That article gave the time this morning, Mr. Speaker. The Chair will alternate recognition me cause to consider all of the extraor- f between the parties, with each party dinary women and men of color I had limited to 30 minutes and each Mem- the privilege of serving with during my RECESS ber, other than the majority and mi- 30 years in our Armed Forces. For that The SPEAKER pro tempore. Pursu- nority leaders and the minority whip, privilege and honor, I owe, and our Na- ant to clause 12(a) of rule I, the Chair limited to 5 minutes. tion owes, a personal debt of gratitude declares the House in recess until 2 The Chair recognizes the gentleman to Dr. Duval-Flynn, Mary White p.m. today. from Pennsylvania (Mr. SESTAK) for 5 Ovington and countless other members Accordingly (at 12 o’clock and 35 minutes. and leaders of the NAACP. minutes p.m.), the House stood in re- f As W.E.B. Du Bois wrote in his first cess until 2 p.m. editorial page of The Crisis in 1910, HONORING THE 99TH that voice of the NAACP ‘‘will stand f ANNIVERSARY OF THE NAACP for the rights of men, irrespective of b 1400 Mr. SESTAK. Mr. Speaker, for nearly color or race, for the highest ideals of a century, the National Association for American democracy, and for the rea- AFTER RECESS the Advancement of Colored People, sonable but earnest and persistent at- The recess having expired, the House the NAACP, has been fighting for the tempt to gain these rights and realize was called to order by the Speaker pro civil rights and dignity of people of these ideals.’’ No truer words can be tempore (Mr. RUSH) at 2 p.m. color. As a result of their efforts, our spoken than on this birthday of the f great Nation today can boast of a soci- NAACP. I am proud, therefore, to know ety more diverse, productive, pros- and work with this one remarkable PRAYER perous and hopeful than any in history. leader, Dr. Joan Duval-Flynn, in my Chaplain William E. Dickens, Jr., However, today’s hope is a far cry district as with many others in my dis- 445th Airlift Wing, Wright-Patterson from the violent segregation and district and with the NAACP who gave us Air Force Base, Ohio, offered the fol- crimination that inspired Mary White leaders such as she. lowing prayer:

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

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VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H820 CONGRESSIONAL RECORD — HOUSE February 12, 2008 Father, we acknowledge that all 3 million new workers. Through the and agree to the resolution (H. Res. blessings come from You. I ask that program, workers included will be 954) honoring the life of senior Border You give the men and women who those in underserved communities like Patrol agent Luis A. Aguilar, who lost serve this great Nation from these mine. his life in the line of duty near Yuma, desks wisdom, courage, and discern- In this time of economic turmoil, we Arizona, on January 19, 2008, as amendment to make decisions that are hon- need to invest in America and in our ed. oring to You and right for this country. workforce. Let’s make sure that Con- The Clerk read the title of the resolu- Presently, there are soldiers, sailors, gress appropriates the accorded tion. airmen and marines deployed around amount of money so that we can create The text of the resolution is as fol- the world in harm’s way. Father, I pray this stream of jobs that will stay here lows: that You will keep them safe, give on our shores. H. RES. 954 them purpose, guard their hearts from f Whereas Luis Aguilar was born in El Paso, loneliness and despair, and bring them Texas, on November 26, 1976, to Luis Aguilar CONGRATULATIONS TO PRESIDENT home soon. For their families, I pray and Cecilia G. Silva; BORIS TADIC that You will comfort them and meet Whereas Luis Aguilar resided in Somerton, all of their needs. For those who have (Mr. WILSON of South Carolina Arizona, and is survived by his mother and asked and was given permission to ad- father, his wife, Erica Aguilar, his two chil- given their lives in defense of freedom, dren, Luis and Arianna, his brother, senior words cannot express our sorrow and dress the House for 1 minute and to re- Border Patrol agent Marco Antonio Aguilar, our gratitude. May our actions honor vise and extend his remarks.) and his sister, Angie Aguilar; their sacrifice, and may Your peace Mr. WILSON of South Carolina. Mr. Whereas Luis Aguilar joined the United comfort their families. Speaker, congratulations to President States Border Patrol on July 21, 2002; Father, for this great Nation, I pray Boris Tadic and the people of Serbia on Whereas on January 19, 2008, after over 5 that it will continue, under Your bless- his re-election as President of the Re- years of dedicated service in the United ing, to stand as a beacon for goodness public of Serbia. States Border Patrol, Luis Aguilar selflessly President Boris Tadic has been a paid the ultimate sacrifice in service to the and a bastion of freedom. May we un- United States; derstand the message of Your scrip- strong and vibrant leader for the peo- Whereas Border Patrol agents carry out ture: ‘‘To whom much has been given, ple of Serbia. He has led his people in the vital role of protecting our Nation’s bor- much will be expected.’’ their bid to become a member of the ders and ensuring the safety of the United In Your precious name I pray. Amen. European Union because he under- States; f stands that inclusion in the EU would Whereas Border Patrol agents work devot- be a strong step toward growing the edly and selflessly on behalf of the people of THE JOURNAL Serbian economy and advancing the the United States, without regard for the The SPEAKER pro tempore. The cause of peace and freedom in the re- peril or danger to themselves; and Whereas the United States will forever be Chair has examined the Journal of the gion. The Serbian people have an ex- grateful for the service of Luis Aguilar and last day’s proceedings and announces traordinary history and culture, and I mourn his loss: Now, therefore, be it to the House his approval thereof. am hopeful the principles of freedom Resolved, That the House of Representa- Pursuant to clause 1, rule I, the Jour- and democracy embodied by the leader- tives— nal stands approved. ship of President Tadic will continue to (1) recognizes the dedication and sacrifice made by the men and women who have lost f thrive. As a proud member of the Serbian their lives while serving as United States PLEDGE OF ALLEGIANCE Border Patrol agents; Caucus, I look forward to working with The SPEAKER pro tempore. Will the (2) honors Luis Aguilar for his service as a my colleagues and our diplomatic part- Border Patrol agent and for his sacrifice to gentlewoman from California (Ms. ners in Serbia to forge a growing part- the United States; and SOLIS) come forward and lead the nership between our two nations. Con- (3) extends its deepest condolences to the House in the Pledge of Allegiance. gratulations to President Tadic and family of Luis Aguilar. Ms. SOLIS led the Pledge of Alle- the people of Serbia for building a ro- The SPEAKER pro tempore. Pursu- giance as follows: bust free market democracy which is ant to the rule, the gentleman from I pledge allegiance to the Flag of the crucial for our Balkan nations. Mississippi (Mr. THOMPSON) and the United States of America, and to the Repub- In conclusion, God bless our troops, gentleman from Tennessee (Mr. DAVID lic for which it stands, one nation under God, and we will never forget September the DAVIS) each will control 20 minutes. indivisible, with liberty and justice for all. 11th. The Chair recognizes the gentleman f My deepest sympathies to Annette from Mississippi. GREEN JOBS AND ECONOMIC Lantos, the Lantos family, staff and GENERAL LEAVE GROWTH constituents on the death of Chairman Mr. THOMPSON of Mississippi. Mr. TOM LANTOS. He lived to see Hungary, Speaker, I ask unanimous consent that (Ms. SOLIS asked and was given per- his birthplace, become a thriving free all Members have 5 legislative days mission to address the House for 1 market democracy. within which to revise and extend their minute.) f remarks on this resolution and include Ms. SOLIS. Mr. Speaker, it’s no sur- ANNOUNCEMENT BY THE SPEAKER therein any extraneous material. prise that our Nation’s economy is The SPEAKER pro tempore. Is there PRO TEMPORE struggling. The cities in the 32nd Con- objection to the request of the gen- gressional District that I represent The SPEAKER pro tempore (Mr. tleman from Mississippi? have seen unemployment rates soar to YARMUTH). Pursuant to clause 8 of rule There was no objection. 7.2 percent. Gasoline prices continue to XX, the Chair will postpone further Mr. THOMPSON of Mississippi. Mr. go up above $3. proceedings today on motions to sus- Speaker, I yield myself such time as I In Los Angeles, a family loses a home pend the rules on which a recorded vote may consume. to foreclosure every hour. or the yeas and nays are ordered, or on Mr. Speaker, I rise in strong support However, the renewable energy and which the vote is objected to under of House Resolution 954, honoring sen- energy efficiency sectors seem to be clause 6 of rule XX. ior Border Patrol agent Luis A. booming. Record votes on postponed questions Aguilar, who lost his life in the line of In 2006, the renewable energy and en- will be taken after 6:30 p.m. today. duty near Yuma, Arizona, on January ergy efficiency sectors generated 8.5 f 19, 2008. million jobs, nearly $1 trillion in rev- I would also like to thank Congress- HONORING THE LIFE OF SENIOR enue for the United States. These jobs woman ZOE LOFGREN, a member of the are good-paying jobs, and they will not BORDER PATROL AGENT LUIS A. Committee on Homeland Security, for be outsourced. AGUILAR introducing this important legislation. The Green Collar Job Act that was Mr. THOMPSON of Mississippi. Mr. Mr. Speaker, on January 19, 2008, signed into law recently will help train Speaker, I move to suspend the rules Agent Aguilar was working with fellow

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 12, 2008 CONGRESSIONAL RECORD — HOUSE H821 Border Patrol agents to secure a sus- threat from smugglers and criminals on January 19 of this year. He lost his pected narcotics smuggler in the Impe- seeking to illegally cross our borders life on a border filled with dangers for rial Sand Dunes Recreational Area who engage in violence against our agents who confront organized drug when he was struck and killed by the Border Patrol agents. and people smugglers on a daily basis, suspected smuggler’s vehicle as it fled As more agents, assets, and infra- smugglers who are prepared to go to into Mexico. structure are placed along the border, great and dangerous lengths to protect A native of El Paso, Texas, Agent criminal activity is prevented from their profit and to protect the illegal Aguilar had been assigned to the Yuma continuing with impunity. The unfor- activities they are conducting on the Border Patrol station since joining the tunate result of gaining operational border. Border Patrol in July 2002. He was just control of our borders is an increase in First, let me give my condolences to 32 years old at the time of his death. violence targeted at agents. And we Mr. Aguilar’s family who gave the ulti- Agent Aguilar is survived by his wife, have seen a significant spike in the mate sacrifice, his wife, son, and Erica; his children, Luis and Arianna; past several years, with nearly 1,000 as- daughter, who have lost an American his father, Luis Aguilar, Sr.; his sister, saults on agents last year, ranging hero. I’m proud to say that Agent Angie; and his Border Patrol brother, from rock throwing to sniper attacks Aguilar lived in Somerton, Arizona. He senior Border Patrol agent, Marco An- and to murder. was originally from El Paso, Texas, but tonio Aguilar. Agent Aguilar’s death serves as a was raising his family in the district Sadly, Mr. Speaker, Agent Aguilar’s stark reminder of the risk our law en- that I have the privilege to represent mother, Cecilia Silva, recently passed forcement agents face every day as in this Congress. away after her son’s tragic death. they seek to secure our Nation’s bor- His life was devoted to this country We’re here to honor Agent Aguilar, a ders. These despicable criminal acts as he served in the U.S. Border Patrol young man who’s made the ultimate will only strengthen our resolve to se- for more than 5 years. He protected sacrifice to protect the sovereign bor- cure our borders with additional this country and enforced its laws. ders of the United States and make agents, fencing, vehicle barriers, and For his wife, children, and family, he America more secure. technology. The Border Patrol plays a provided them with a great foundation. The mission of the U.S. Border Pa- vital role in protecting America, and He was a devoted family man, actively trol is to control the nearly 6,000 miles the sacrifices of its agents will not be involved in the lives of his children and of land border between ports of entry forgotten. his family, making sure that his family with Mexico and Canada, and the I recently conducted an overnight was first. Community members could coastal waters around Florida and visit on the Southwest border and saw always count on him being there on a Puerto Rico. firsthand the challenges and the dan- T-ball or soccer field cheering on his The death of Agent Aguilar serves as gers that these agents face. I returned children and other children. a stark reminder of the risks our front- with the clear resolve to support all Luis Aguilar will be remembered as a line agents and officers face each day the tools, resources, infrastructure, quiet, yet strong, man who always had as they serve as the guardians of our and policies necessary to gain oper- a smile on his face for his friends and Nation’s land borders. ational control of our borders. family. As chairman of the Homeland Secu- I would like to recognize the excel- Mr. Speaker, we may disagree on the rity Committee, I’ve been to the south- lent work of U.S. law enforcement per- nature, the content and the future of ern border on a number of occasions. sonnel and the Government of Mexico an immigration policy for this Nation, I’ve witnessed firsthand the dedication for tracking down and arresting the but there is no disagreement on the of the men and women of the U.S. Bor- primary suspect in the murder of bravery and value of the men and der Patrol, often under difficult and Agent Aguilar on January 22. For the women who carry out this policy for dangerous conditions. They work long sake of the Aguilar family, the Border us. In honoring Luis Aguilar and his hours, often late into the night, in ex- Patrol and the justice for Agent family, we honor all of them and re- treme heat and cold. Aguilar, I ask the Government of Mexi- spect them all. Like Agent Aguilar, they are our Na- co’s continued cooperation and support I urge my colleagues to support H. tion’s last line of defense against to extradite this individual to the Res. 954 in memory of Luis Aguilar and would-be terrorists, drug traffickers United States for trial. in gratitude for his service and the and others who would seek to enter The men and women of the Border service of his colleagues in the Border this Nation illegally. Agent Aguilar’s Patrol face challenges and threats Patrol. contribution to our Nation’s security every day with vigilance, dedication to Mr. DAVID DAVIS of Tennessee. Mr. deserves this recognition. service, and integrity as they work to Speaker, I yield as much time as he Mr. Speaker, I ask my colleagues to strengthen our national security and may consume to the distinguished gen- join me in honoring senior Border Pa- to protect America and its citizens. tleman from California, my good trol Agent Luis Aguilar in his service I would like to once again extend my friend, Mr. ROYCE. to our Nation, and offer my deepest condolences to the Aguilar family and Mr. ROYCE. Mr. Speaker, I rise to condolences to the family. sincerely thank Agent Aguilar for his honor senior Border Patrol Agent Luis Mr. Speaker, I reserve the balance of service to our Nation. Aguilar. He was killed 3 weeks ago on my time. I would also like to extend my condo- January 19. He was intentionally Mr. DAVID DAVIS of Tennessee. Mr. lences for the recent passing of Agent struck by the driver of a vehicle that Speaker, I yield myself such time as I Aguilar’s mother, Cecilia. he was attempting to stop. may consume. Mr. Speaker, I reserve the balance of And on that day, Border Patrol It is with great sorrow and profound my time. agents observed both a Ford pickup gratitude that I rise to support this Mr. THOMPSON of Mississippi. Mr. truck and a Hummer crossing illegally resolution to honor the life and service Speaker, I yield as much time as he from Mexico into the United States. It of senior Border Patrol guard Luis may consume to the gentleman from was near Yuma, Arizona, and they Aguilar, who was tragically killed in Arizona (Mr. GRIJALVA). began pursuit. The drivers of the two the line of duty on January 19, 2008. He vehicles saw that the agents were fol- died after being struck by a vehicle b 1415 lowing them, and they turned back to- driven by a suspected smuggler in the Mr. GRIJALVA. Mr. Speaker, I thank ward the border. But as Agent Aguilar Imperial Sand Dunes Recreation Area the chairman for yielding time, and let deployed spike strips, he was inten- of California. me also thank Congresswoman ZOE tionally struck by the driver of that The work of a Border Patrol agent is LOFGREN for the very important resolu- Hummer. inherently dangerous. In the normal tion, H. Res. 954, that she introduced. His death serves for us as another course of their work, they run the risk I rise in support of H. Res. 954 and to stark reminder of the dangerous envi- of heat exhaustion, frostbite, and other honor the life of senior Border Patrol ronment our Border Patrol faces every challenges from the outdoor environ- Agent Luis A. Aguilar who lost his life day. Violence against Border Patrol ment. Of even greater concern is the in the line of duty near Yuma, Arizona, agents, I sadly report, is increasing in

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H822 CONGRESSIONAL RECORD — HOUSE February 12, 2008 the United States. It has gone up 31 our neighborhoods, and protecting the Mr. THOMPSON of Mississippi. Mr. percent. Between 2006 and 2007, the lives of illegal immigrants crossing the Speaker, I yield myself as much time number of incidents rose from 752 at- border every day. A story that’s not as I may consume. tacks to 987 against our Border Patrol told enough about when somebody Mr. Speaker, I urge my colleagues to agents. Agents are being assaulted crossing the border illegally needs to join me in supporting this resolution to with an arsenal of weaponry that in- be saved while they’re dying in the recognize the life of senior Agent Luis cludes bottles and knives, bats, ball desert, drowning in rivers, being at- Aguilar. The loss of Agent Aguilar not bearings, steel pipes, cinder blocks, tacked by coyotes, it’s the Border Pa- only leaves a big hole in the Border Pa- slingshots and vehicles. trol agents who are the last straw of trol organization but in the lives of his When I was chairman of the Sub- survival for so many of these illegals. family. committee on International Terrorism Border Patrol Aguilar proved his loy- I’d like to express again my sincere and Nonproliferation, I held hearings alty to America with his life, and condolences and urge passage of this down on the border, both in Laredo, sadly, I just ask all of us to remember important resolution. Texas, and in San Diego, and the focus that there are Aguilars up and down Mr. REYES. Mr. Speaker, I rise in support was on border vulnerabilities and on the border, north and south, all over of H. Res. 954, a resolution honoring the life international terrorism. At that time, this country, doing a tough job and, and career of Senior Border Patrol Agent Luis there had been some reports of inter- frankly, not getting very much credit, A. Aguilar who on January 19, 2008 lost his national terrorists trying to cross that in fact, getting attacked personally life at the young age of 32 in the line of duty border. and viciously just because they’re near Yuma, Arizona. One thing the Border Patrol asked us doing the tough job that the American A native of my district of El Paso, Texas, for, and they said this would make an people want. Agent Aguilar began his career with the United immediate impact on securing our bor- I just hope that we understand that States Border Patrol on July 21, 2002 after at- ders and securing our Nation, they our job today is to recognize the sac- tending the 519th Session of the Border Patrol asked us for a double border fence, as rifice of the Aguilar family and remem- Academy. Upon graduation, Agent Aguilar was was finally passed in the Secure Fence ber that when Mrs. Aguilar passed assigned to the Yuma Border Patrol Sector in Act. Many Americans strongly sup- away after finding out about her son, Arizona. ported that legislation to construct I’m sure she would want to send a mes- On the day of Aguilar’s tragic death, he was that fence to help slow illegal entry sage of do what you can, Congress, to trying to deflate the tires of a Hummer being into the United States, and, quite make sure my other son is safe, pro- driven by a suspected narcotics smuggler who frankly, they are baffled that Congress tected, and well-provided for in his du- was attempting to flee back to Mexico across took such a step back from strength- ties of serving the American people. the Imperial Sand Dunes. The suspect accel- ening our border security, as we did So, Mr. Speaker, I’d ask that we rec- erated while swerving and struck Agent with that omnibus spending bill earlier ognize the service of not only Agent Aguilar who was unable to move from the path this year, because that omnibus spend- Aguilar but his mother, his brother, of the vehicle. Injuries sustained by the impact ing bill gutted the Secure Fence Act. and his entire family, and by doing caused the tragic loss of Agent Aguilar. The Secure Fence Act required double that, let’s be brave enough to send Chief Border Patrol Agent Chief David V. fencing. It would put a fence where it them the resources, both in physical Aguilar posthumously awarded Agent Aguilar was needed most, in areas that have equipment and in the proper laws, that the Border Patrol’s Purple Cross. This medal the highest instances of drug smug- the Border Patrol agents have been is one of the highest honors bestowed on an gling, of human smuggling, and of gang asking us to do for a long time so that agent and is awarded to those who have sus- activity. they do not have to continue to func- tained life-threatening injuries or have been The omnibus bill that we passed here, tion in this killing zone that we call killed in the line of duty. that I opposed, removed the two-tier the border area. I offer my deepest condolences to his wife, requirement and the list of locations. And so I ask strongly the Democrats Erica and his children, Luis and Arianna. I It also put up numerous bureaucratic and Republicans to join together and would also like to ask that the House take a and legal hurdles to undermine the let’s do what we can to avoid this situ- moment to morn the loss of Agent Aguilar’s fence’s completion. It’s past time we ation in the future. That may mean mother, Cecilia Silva, who just last week lost strengthen operational control of our taking some hits from our friends her fight with cancer. To his father, Luis borders. We need to use every tool about building fences or cracking down Aguilar, your son was a hero in my eyes and available to give the Border Patrol the on illegal employers, doing all those the eyes of many across the nation. support they need to help protect Bor- things that we have not done enough in Agent Aguilar committed his life to his job, der Patrol agents as they requested. the past, and that, Mr. Speaker, would and his family showed immense courage in Again, I just want to recognize the truly be a good recognition of the serv- supporting him and his mission. As a former service of Agent Luis Aguilar, killed in ice of Agent Aguilar and an appro- Border Patrol agent myself, I know firsthand the line of duty. priate memorial by this Congress. the dangers that an agent faces while pro- Mr. THOMPSON of Mississippi. Mr. Mr. THOMPSON of Mississippi. Mr. tecting America’s frontlines. Aguilar’s dedica- Speaker, I have no more speakers at Speaker, might I inquire as to the time tion to his nation should be acknowledged, this time, and I am prepared to close if remaining. and today I ask my colleagues to join me in Mr. DAVIS is prepared, also. The SPEAKER pro tempore. The gen- honoring Agent Aguilar for his service. Mr. DAVID DAVIS of Tennessee. I tleman from Mississippi has 15 min- Ms. JACKSON-LEE of Texas. Mr. Speaker, have another speaker, Mr. Speaker. utes. The gentleman from Tennessee I rise today in strong support of H. Res. 954, Mr. Speaker, I yield 5 minutes to my has 101⁄2 minutes. honoring the life of senior border patrol agent good friend, Mr. BILBRAY, from Cali- Mr. THOMPSON of Mississippi. Luis A. Aguilar, who lost his life in the line of fornia. Thank you very much. I continue to re- duty near Yuma, Arizona. Agent Aguilar’s Mr. BILBRAY. Mr. Speaker, Agent serve, Mr. Speaker. I have no other death serves as another stark reminder of the Aguilar, like myself, was born and speakers. risks our front-line agents and officers face raised on the border. He knew the chal- Mr. DAVID DAVIS of Tennessee. Mr. each day. lenges that faced the border. He under- Speaker, as I prepare to close, I want Aguilar was trying to place spike strips in stood the risks, and sadly, his life, as to again thank the Aguilar family and the path of two vehicles believed to have ille- documented, was the price he paid for pass on the American people’s condo- gally entered the country from Mexico when out-of-control borders. lences to the Aguilar family. I want to one of the vehicles hit him. Both vehicles I just hope that everyone today, thank his fellow Border Patrol agents drove back across the border into Mexico. when they vote on this bill and support who are willing to protect our freedoms After over 5 years of dedicated service in the this bill, recognizes that for all too each and every day, and I would like to United States Border Patrol, Luis Aguilar self- long Border Patrol agents have not urge my colleagues in support of this lessly paid the ultimate sacrifice in service to only faced the threat of life-and-death resolution this afternoon. the United States. situations along the border while With that, I yield back the remainder The fatal incident occurred about 20 miles they’re enforcing our laws, protecting of my time. west of Yuma in the Imperial Sand Dunes

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 12, 2008 CONGRESSIONAL RECORD — HOUSE H823 Recreation Area near Andrade, California, just We are fortunate to have a dedicated, brave The Clerk read the title of the bill. over the California state line from Arizona. group of men and women working to secure The text of the bill is as follows: This area is frequently used by smugglers car- America’s borders. Their efforts and expertise H.R. 2251 rying people or drugs. A half hour earlier are critical to the success of any border secu- Be it enacted by the Senate and House of Rep- agents had seen a brown Hummer and a red rity strategy, and to protecting our nation from resentatives of the United States of America in Ford F–250 pickup crossing from Mexico into dangerous individuals and goods. As the chair Congress assembled, the United States. The vehicles traveled west of the House Subcommittee on Border, Mari- SECTION 1. SHORT TITLE. on Interstate 8, and the vehicles turned time and Global Counterterrorism, I am famil- This Act may be cited as the ‘‘Acadia Na- tional Park Improvement Act of 2008’’. around, heading back the way they had come iar with the terrain, conditions, and challenges SEC. 2. EXTENSION OF LAND CONVEYANCE AU- with the Border Patrol in pursuit. of the southwest border and I deeply respect THORITY. Luis Aguilar resided in Somerton, Arizona, and value the work of our Border Patrol Section 102(d) of Public Law 99–420 (16 and is survived by his mother and father, his agents. U.S.C. 341 note) is amended by striking para- wife, Erica Aguilar, his two children, Luis and I am saddened to rise today to recognize graph (2) and inserting the following: Ariana, his brother, senior Border Patrol agent the loss of one of our dedicated Border Patrol ‘‘(2) Federally owned property under juris- Marco Antonio Aguilar, and his sister, Angie agents. On the morning of Saturday, January diction of the Secretary referred to in para- Aguila. 19, 2008, Senior Border Patrol Agent Luis A. graph (1) of this subsection shall be conveyed Border Patrol agents carry out the vital role to the towns in which the property is located Aguilar lost his life in the line of duty as he at- without encumbrance and without monetary of protecting our Nation’s borders and ensur- tempted to stop a suspected drug smuggler ing the safety of the United States. Agents consideration, except that no town shall be fleeing through California’s Imperial Sand eligible to receive such lands unless lands work devotedly and selflessly on behalf of the Dunes Recreation Area outside Yuma, Ari- within the Park boundary and owned by the people of the United States, without regard for zona. We have heard that Agent Aguilar, an El town have been acquired by the Secretary.’’. the peril or danger to themselves; and the Paso native and nearly 6-year veteran of the SEC. 3. EXTENSION OF ACADIA NATIONAL PARK United States will forever be grateful for the Border Patrol, was not supposed to be work- ADVISORY COMMISSION. (a) IN GENERAL.—Section 103(f) of Public service of Luis Aguilar and mourn his loss. ing that day. However, he reported to work I recognize the dedication and sacrifice Law 99–420 (16 U.S.C. 341 note) is amended by when he realized he was needed. made by the men and woman who have lost striking ‘‘20’’ and inserting ‘‘40’’. Aguilar’s father, a bailiff in El Paso for their lives while serving as United States Bor- (b) EFFECTIVE DATE.—The amendment Judge Mary Ann Bramblett, said senior Agent made by subsection (a) shall take effect on der Patrol agents. I honor Luis Aguilar for his Aguilar felt a strong commitment to his job and September 25, 2006. service as a Border Patrol agent and for his to preventing the flow of illegal drugs across SEC. 4. AUTHORIZATION OF APPROPRIATIONS. sacrifice to the United States and extend my Section 106 of Public Law 99–420 (16 U.S.C. deepest condolences to the family of Luis our borders from reaching our communities and families. Judge Bramblett, who knew sen- 341 note) is amended by adding the following: Aguilar. ‘‘(c) ADDITIONAL FUNDING.—In addition to Ms. ZOE LOFGREN of California. Mr. ior Agent Aguilar since he was a boy, said, such sums as have been heretofore appro- Speaker, although we sometimes disagree in ‘‘One of the ways he felt he could really give priated, there is hereby authorized the debate over broader immigration policy, back to the country was to serve in the Border $10,000,000.’’. we all agree on one thing—that we should Patrol. Serving his country and serving his SEC. 5. INTERMODAL TRANSPORTATION CENTER. recognize and honor the brave Border Patrol family were the two most important things Luis Title I of Public Law 99–420 (16 U.S.C. 341 had in his life.’’ note) is amended by adding at the end the agents who risk their lives every day on our following new section: border. Mr. Speaker, Senior Border Patrol Agent Luis A. Aguilar gave his life serving our nation. ‘‘SEC. 108. INTERMODAL TRANSPORTATION CEN- Day in and day out, in often harsh condi- TER. tions over unforgiving terrain, they seek to pro- I urge my colleagues to join me today in rec- ‘‘(a) IN GENERAL.—The Secretary may protect our borders, save from death those eco- ognizing Agent Aguilar’s extraordinary sac- vide assistance in the planning, construc- nomic migrants lost in the desert, and protect rifice, and in offering our sincere sympathy to tion, and operation of an intermodal trans- our country. They often do battle with drug his family, friends, and loved ones. portation center located outside of the smugglers and human traffickers who have no Mr. THOMPSON of Mississippi. Mr. boundary of the Park in the town of Trenton, respect for authority—or even life. Yet rarely Speaker, I yield back the balance of Maine to improve the management, interpre- are these agents recognized for their courage my time. tation, and visitor enjoyment of the Park. ‘‘(b) AGREEMENTS.—To carry out sub- or their sacrifice. The SPEAKER pro tempore. The section (a), in administering the intermodal Unfortunately, sometimes it takes a tragedy question is on the motion offered by transportation center, the Secretary may for us to publicly recognize the selfless con- the gentleman from Mississippi (Mr. enter into interagency agreements with tributions that these Americans make for their THOMPSON) that the House suspend the other Federal agencies, and, notwithstanding country on a daily basis. rules and agree to the resolution, H. chapter 63 of title 31, United States Code, co- In this case, that tragedy is the death of Res. 954, as amended. operative agreements, under appropriate Luis Aguilar, a Senior Border Patrol agent who The question was taken. terms and conditions, with State and local lost his life in the line of duty while trying to The SPEAKER pro tempore. In the agencies, and nonprofit organizations— apprehend suspected drug smugglers near ‘‘(1) to provide exhibits, interpretive serv- opinion of the Chair, two-thirds being ices (including employing individuals to pro- Yuma, Arizona on January 19, 2008. in the affirmative, the ayes have it. vide such services), and technical assistance; Agent Aguilar leaves behind his loving wife, Mr. THOMPSON of Mississippi. Mr. ‘‘(2) to conduct activities that facilitate Erica; his two children, Luis and Arianna; his Speaker, on that I demand the yeas the dissemination of information relating to brother, Marco Antonio, also a Senior Border and nays. the Park and the Island Explorer transit sys- Patrol agent; his sister, Angie; and his par- The yeas and nays were ordered. tem or any successor transit system; ents, Luis Aguilar and Cecilia Silva. They have The SPEAKER pro tempore. Pursu- ‘‘(3) to provide financial assistance for the all paid a heavy price for the service Luis ant to clause 8 of rule XX and the construction of the intermodal transportation center in exchange for space in the Aguilar gave to protect this great Nation. Chair’s prior announcement, further Today we honor Agent Aguilar and all of the center that is sufficient to interpret the proceedings on this motion will be Park; and other Border Patrol agents who have made postponed. ‘‘(4) to assist with the operation and main- the ultimate sacrifice for their country. We ex- f tenance of the intermodal transportation tend our deepest condolences to his family, as center. well as the families of all those who have fall- b 1430 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There are authorized to en. ACADIA NATIONAL PARK This Nation owes a debt of gratitude to be appropriated to the Secretary not more IMPROVEMENT ACT OF 2008 them and all of the other Border Patrol agents than 40 percent of the total cost necessary to who devotedly and selflessly work to keep us Mr. GRIJALVA. Mr. Speaker, I move carry out this section (including planning, safe. to suspend the rules and pass the bill design and construction of the intermodal transportation center). Ms. LORETTA SANCHEZ of California. Mr. (H.R. 2251) to extend the Acadia Na- ‘‘(2) OPERATIONS AND MAINTENANCE.—There Speaker, I rise today in strong support of H. tional Park Advisory Commission, to are authorized to be appropriated to the Sec- Res. 954, a resolution honoring Senior Border provide improved visitor services at retary not more than 85 percent of the total Patrol Agent Luis A. Aguilar, who recently lost the park, and for other purposes, as cost necessary to maintain and operate the his life in the line of duty. amended. intermodal transportation center.’’.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H824 CONGRESSIONAL RECORD — HOUSE February 12, 2008 The SPEAKER pro tempore. Pursu- prepared to accept this legislation with rounding towns, the State of Maine, ant to the rule, the gentleman from Ar- a brief clarification from the chairman and the Department of the Interior to- izona (Mr. GRIJALVA) and the gen- of the subcommittee on the intent of gether to make sure all community tleman from Utah (Mr. BISHOP) each this bill. members are involved in park plan- will control 20 minutes. The question we have is, is the pro- ning. The Chair recognizes the gentleman posed intermodal transportation center I want to thank everyone involved from Arizona. intended to limit the access to the for their hard work on this, and I en- GENERAL LEAVE park by automobile, or is this part of a courage my colleagues to vote in favor Mr. GRIJALVA. Mr. Speaker, I ask larger plan to abolish the public’s abil- of this important bill for the State of unanimous consent that all Members ity to travel through the park by pri- Maine. have 5 legislative days to revise and ex- vate automobile? Mr. BISHOP of Utah. Mr. Speaker, I tend their remarks and include extra- Mr. Speaker, I would yield to the yield back the balance of my time. neous material on the bill under con- gentleman from Arizona if he is pre- Mr. GRIJALVA. Mr. Speaker, I yield sideration. pared to address that issue right now. back the balance of my time. The SPEAKER pro tempore. Is there Mr. GRIJALVA. Let me thank the The SPEAKER pro tempore. The objection to the request of the gen- gentleman from Utah for allowing me question is on the motion offered by tleman from Arizona? to try to clarify this point. the gentleman from Arizona (Mr. There was no objection. The Island Explorer transit system GRIJALVA) that the House suspend the Mr. GRIJALVA. Mr. Speaker, H.R. at Acadia is entirely voluntary and, I rules and pass the bill, H.R. 2251, as 2251 was introduced by my good friend might add, very, very popular. I can amended. from Maine, Representative MIKE categorically assure the gentleman The question was taken; and (two- MICHAUD. The legislation addresses sev- that there are no plans to ban autos thirds being in the affirmative) the eral housekeeping matters at the Aca- from Acadia. Visitors who want to rules were suspended and the bill, as dia National Park. Acadia, located on drive the park’s loop roads are welcome amended, was passed. Mount Desert Island on the coast of to do so, but many have found that A motion to reconsider was laid on Maine, is one of our most popular and riding the bus is much more conven- the table. most visited national parks. ient. So there is a categorical assur- This bill would authorize the park to f ance that the intention of this legisla- participate in the construction of a KALAUPAPA MEMORIAL ACT OF tion is not now or will be to ban auto- new transit center. Currently, visitors 2008 mobiles from Acadia. can only catch the park bus at their Mr. BISHOP of Utah. Thank you. Re- Mr. GRIJALVA. Mr. Speaker, I move hotels, meaning that day visitors have claiming my time, I appreciate that to suspend the rules and pass the bill no access to the system. The bill would statement. And with that assurance, (H.R. 3332) to provide for the establish- allow the park to participate in the es- we can accept this legislation. ment of a memorial within Kalaupapa tablishment and operation of a planned Mr. Speaker, I reserve the balance of National Historical Park located on intermodal center to be located just off my time. the island of Molokai, in the State of the island. This center would provide Mr. GRIJALVA. Mr. Speaker, at this Hawaii, to honor and perpetuate the visitor services, parking, and bus ac- time, I yield as much time as he may memory of those individuals who were cess to day visitors. A variety of Fed- consume to Representative MICHAUD, forcibly relocated to the Kalaupapa Pe- eral, State, and local agencies are in- the sponsor of this legislation. ninsula from 1866 to 1969, and for other volved in establishing the center. Mr. MICHAUD. I thank the gen- purposes, as amended. H.R. 2251 would also extend the au- The Clerk read the title of the bill. thorization of the Acadia National tleman for yielding. Mr. Speaker, I rise today in support The text of the bill is as follows: Park Advisory Commission for another of the Acadia National Park Improve- H.R. 3332 20 years, continuing this important ment Act. Be it enacted by the Senate and House of Rep- forum for the park and local commu- I would like to thank Chairman RA- resentatives of the United States of America in nities to jointly consider issues of im- HALL and Ranking Member YOUNG, as Congress assembled, portance. SECTION 1. SHORT TITLE. Finally, H.R. 2251 would authorize an well as subcommittee Chairman GRIJALVA and Ranking Member BISHOP, This Act may be cited as the ‘‘Kalaupapa additional $10 million for the park’s Memorial Act of 2008’’. land acquisition budget to enable the for their work on this measure. This is a very important bill for the SEC. 2. ESTABLISHMENT OF MEMORIAL WITHIN park to keep pace with rising property KALAUPAPA NATIONAL HISTORICAL State of Maine as well as the future of values and providing for prompt pay- PARK. Acadia National Park. Acadia National ment to willing sellers who regularly (a) IN GENERAL.—The Secretary of Interior Park is a spectacular and unique land- shall authorize Ka ‘Ohana O Kalaupapa, a offer their lands to the park. non-profit organization consisting of patient At the hearing in the last Congress, scape of mountains, hills, ponds, marshes and shorelines. residents at Kalaupapa National Historical the National Park Service testified in Park, and their family members and friends, support of similar legislation, and that Earlier visitors to Mount Desert Is- land and its surroundings helped to es- to establish a memorial at a suitable loca- measure also passed in the Senate. The tion or locations approved by the Secretary measure before us today has been up- tablish Acadia as the first national at Kalawao or Kalaupapa within the bound- dated to address several concerns by park east of the Mississippi. The park aries of Kalaupapa National Historical Park the National Park Service, and to cap is a major engine of the regional econ- located on the island of Molokai, in the NPS contributions to the intermodal omy, bringing in almost $130 million in State of Hawaii, to honor and perpetuate the memory of those individuals who were forc- transportation center. visitor spending to the region, and supporting over 2,600 jobs. ibly relocated to Kalaupapa Peninsula from Mr. Speaker, this bill will signifi- 1866 to 1969. cantly improve the experience of visi- The Acadia National Park Improve- ment Act will help the park continue (b) DESIGN.— tors to one of our great national parks. (1) IN GENERAL.—The memorial authorized Representative MICHAUD and Rep- to attract visitors to the area and by subsection (a) shall— resentative ALLEN are to be com- maintain and preserve their important (A) display in an appropriate manner the mended for their hard work on this leg- natural resources. It allows the park to names of the first 5,000 individuals sent to islation. continue to complete the vision laid the Kalaupapa Peninsula between 1866 and I urge the House to support H.R. 2251. out in the 1986 law setting the park’s 1896, most of whom lived at Kalawao; and Mr. Speaker, at this time, I reserve boundaries and to enhance the emis- (B) display in an appropriate manner the names of the approximately 3,000 individuals the balance of my time. sion-reducing Island Explorer bus system. who arrived at Kalaupapa in the second part Mr. BISHOP of Utah. Mr. Speaker, I of its history, when most of the community yield myself as much time as I may Most importantly, this legislation was concentrated on the Kalaupapa side of consume. will reauthorize the Acadia National the peninsula. The gentleman from Arizona has ade- Park Advisory Commission. The com- (2) APPROVAL.—The location, size, design, quately explained H.R. 2251, and we’re mission brings representatives of sur- and inscriptions of the memorial authorized

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 12, 2008 CONGRESSIONAL RECORD — HOUSE H825 by subsection (a) shall be subject to the ap- ticular bill, and I would urge my col- A memorial listing the names of proval of the Secretary of the Interior. leagues to support this legislation. those who were exiled to Kalaupapa (c) FUNDING.—Ka ‘Ohana O Kalaupapa, a Mr. Speaker, I reserve the balance of and died there is a fitting tribute and nonprofit organization, shall be solely re- my time. is consistent with the purpose of the sponsible for acceptance of contributions for Mr. GRIJALVA. Mr. Speaker, I yield park, to preserve and interpret the and payment of the expenses associated with the establishment of the memorial. to the gentlelady from Hawaii (Ms. Kalaupapa settlement for the edu- HIRONO) for as much time as she may cation and inspiration of present and The SPEAKER pro tempore. Pursu- consume. future generations. ant to the rule, the gentleman from Ar- Ms. HIRONO. I thank the gentleman Many have heard of the sacrifices of izona (Mr. GRIJALVA) and the gen- for yielding. Father Damien, who is represented by tleman from Utah (Mr. BISHOP) each Mr. Speaker, I rise to speak in sup- one of Hawaii’s two statues in this Cap- will control 20 minutes. port of H.R. 3332. itol, as well as those of Mother The Chair recognizes the gentleman Kalaupapa is a 21⁄4-mile-wide shelf of Marianne Cope and Brother Dutton, from Arizona. land jutting out beneath sea cliff rang- who each gave decades of their lives to GENERAL LEAVE ing from 1,600 to 3,000 feet in height on care for the patients at Kalaupapa. Mr. GRIJALVA. Mr. Speaker, I ask the island of Molokai. It is an incred- Fewer know, however, of the courage unanimous consent that all Members ibly beautiful and isolated area with a and sacrifices of the exiles who were have 5 legislative days to revise and ex- unique history. torn from their families and all they tend their remarks and include extra- This bill authorizes the establish- knew to make a life in this isolated neous material on the bill under con- ment of a memorial at Kalaupapa Na- area. It is important that their lives be sideration. tional Historical Park in the memory remembered. The SPEAKER pro tempore. Is there of those who were forcibly relocated The Kalaupapa memorial will bring objection to the request of the gen- there because they suffered from or these people back to their rightful tleman from Arizona? were suspected of having Hansen’s dis- places in their family genealogy and There was no objection. ease, or leprosy. Once sent to history. Many families have gone to Mr. GRIJALVA. Mr. Speaker, H.R. Kalaupapa, most never saw their Kalaupapa to search for the graves of 3332 would provide for the establish- homes or their families again. their ancestors; but with only 1,300 ment of a memorial within the bound- Kahauliko, Loe, Liilii, Puha, Kini, marked graves, most are disappointed. In a letter of support for the memo- aries of the Kalaupapa National His- Lono, Waipio, Kainana, Kaumoana, rial, David and Chris Mahelona ex- toric Park on the island of Molokai, Nahuina, Lakapu, and Kepihe. These Hawaii. It will serve as a remembrance plained why they, as Native Hawaiians, are the names of the first 12 people who feel an urgent need for a monument of thousands of Hansen’s disease pa- were exiled to Kalaupapa on January 6, that would list the names of everyone tients who were forcibly separated 1886, 142 years ago. sent to Kalaupapa. from family and friends and interned at This poster is a copy of the Kingdom I quote: ‘‘The naming process and the this site. of Hawaii’s register, now at the Hawaii giving of a Hawaiian name is an impor- Beginning in 1866, when the Hawaii State Archives, of those sent to tant and sacred component of tradi- Islands were still an independent king- Kalaupapa Peninsula. These first 12 tional Hawaiian culture. It is said that dom, and continuing through 1969, resi- were all Native Hawaiians, nine men names carry significant mana, spir- dents of the islands who were infected and three women. From that day for- itual power, and they are actually a with Hansen’s disease, also known as ward until 1969, approximately 8,000 part of the person, just like an arm or leprosy, were isolated from the rest of people living in the Hawaii Islands leg. In ancient Hawaii, a person’s name society at the settlement. In all, 8,000 were taken from their families and iso- was one of the most precious posses- Hansen’s patients were forcibly relo- lated on Kalaupapa Peninsula, first in sions unique to that individual, and cated to the settlement where they Kalawao, and later in the town of most times related to an event, an an- struggled to create new lives. The ma- Kalaupapa. Because of society’s fear of cestor, or a personality trait. In every jority succumbed to the disease while leprosy, which we now call Hansen’s case, the kapuna (elders) are always living there. disease, food was scarce, and shelter consulted. It was the responsibility of Today, less than 20 percent of the and health care were minimal for the the bearer of the name to carry its graves and headstones of these former new arrivals. The mortality rate for ex- weight. Therefore, it is important to patients can be found in the peninsula. iles in the first 5 years was 46 percent remember these people by their names The remaining 80 percent are forgotten due to the poor conditions. at their final resting place.’’ on the landscape. A nonprofit organiza- ‘‘An Act to Prevent the Spread of I would also like to read the testi- tion made up of family and friends of Leprosy’’ was first signed into law in mony that Kuulei Bell, president of Ka former patients will be responsible for 1865 by Lot Kamehameha, the King of ’Ohana O Kalaupapa, submitted to Con- funding and constructing the memorial Hawaii. The act essentially gress. Kuulei, who contracted Hansen’s which will contain the names of all criminalized the disease. Children, disease at age 6, is now 74. And I re- 8,000 patients who were forced to call mothers, and fathers were forcibly sep- cently visited her at Queens Hospital this settlement their home. arated. Children born to parents at in Honolulu. Mr. Speaker, I would like to com- Kalaupapa were taken away from their Kuulei testified: ‘‘We need to remem- mend our colleague, Congresswoman mothers and sent to live in orphanages ber the people who have dedicated their HIRONO of Hawaii, and her cosponsor, or with other family members outside lives and came to Kalaupapa. Father Congressman ABERCROMBIE, also of Ha- of Kalaupapa. Damien, who we love so much, came to waii, for their efforts to ensure that all The policy was continued in the Re- take care of all those in Kalaupapa in families of former residents have a fit- public of Hawaii after Hawaii was an- the 1800s, and he became one of us, con- ting commemoration of their deceased nexed by the United States and into tracted the disease, and so we know loved ones. statehood. Hawaii’s isolation laws for how this is. ‘‘And also we know that Mother Mr. Speaker, we enthusiastically sup- people with Hansen’s disease were not Marianne gave her aloha and love with port H.R. 3332 and urge its passage repealed until 1969, 10 years after state- all the nuns to come and take care of today as a tribute to the present and hood, even though medications to con- the patients. They need to be remem- past Hansen’s patients. trol the disease have been available bered. Mr. Speaker, I reserve the balance of since the late 1950s. ‘‘These things are so important, and my time. Nearly 6,700 of the approximately the monument is a big part of our his- Mr. BISHOP of Utah. Mr. Speaker, I 8,000 people who have died at tory and our lives. rise in support of H.R. 3332 and yield Kalaupapa, more than 75 percent, lie in myself as much time as I may con- unmarked or unidentifiable graves. b 1445 sume. Their names are known only in the of- ‘‘So please consider what we are ask- The gentleman from Arizona has ficial records, which are not easily ac- ing for is our history and for our chil- again adequately explained this par- cessible. dren to know what happened to many

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H826 CONGRESSIONAL RECORD — HOUSE February 12, 2008 of our patients. How sad it was for my man RAHALL, and our ranking member, beautiful story about this Catholic mother, who had to wait for me to go Mr. YOUNG, for their support and their priest was the fact that he voluntarily and she could not even touch me be- leadership in bringing this legislation gave his life in order to serve the peo- cause of the disease. And I could not to the floor. ple who contracted this dreaded disease even touch my children. These are the In 1987, I was honored to be asked by leprosy on this beautiful area that is things that we should consider, how the Polynesian Voyaging Society, called Kalaupapa. important it is. These are the memo- under the leadership of my good friend There was also another gentleman, ries. So please consider these things. I and brother Nainoa Thompson, to serve and it might be as a matter of knowl- say these things from my heart and I as a member of the crew of the Hawai- edge to my good friend from the State hope that you hear it.’’ ian Polynesian voyaging canoe known of Utah. At that time, it wasn’t just Kuulei ended her testimony thus: as the Hokule’a on which we were able people who were forced to have to live ‘‘Thank you for listening to this. Aloha to sail from the island of Runayto near in this isolated settlement, but it and much aloha; much, much mahalo.’’ the island of Tahiti. We sailed to Ha- caused so much sorrow and sadness Ka ’Ohana O Kalaupapa, a nonprofit waii by means of traditional non- where even those who were loved ones, organization consisting of patient resi- instrument navigation. It took us your wives, your husbands, your daugh- dents at Kalaupapa National Historical about 27 days when we landed on the ters, your sons, and one of these lead- Park and their family members and big island of Hawaii. From the island of ers voluntarily went because his wife friends, was established in 2003 to pro- Hawaii, we went to Kalaupapa. It’s eventually contracted leprosy. His mote the value and dignity of the ex- Kalaupapa, located on the northern name was Jonathan Napela. He was a iles of Kalaupapa and to make certain part of the island of Molokai, one of Native Hawaiian leader and was a high that the lives of these individuals are the islands that make up the State of priest and a member of the Church of honored and remembered through es- Hawaii. This legislation brings back Latter Day Saints, commonly known tablishment of a memorial or memo- one of the most memorable experiences today as the Mormon Church. And be- rials within the boundaries of the park of my life, Mr. Speaker, my visit to cause of the love of his wife, he voluntarily went and lived there, and he also at Kalawao or Kalaupapa. Kalaupapa. I want to thank House Natural Re- Kalaupapa is not only a national his- contracted the disease of leprosy. It was known as the program of kokua. sources Committee Chair NICK RAHALL torical park but a place that has re- The interesting thing about Jona- and Parks Subcommittee Chair RAUL ceived international attention on ac- than Napela was that this Native Ha- GRIJALVA for helping to move this im- count of the circumstances and events waiian was able to translate the Book portant bill to the floor, and I also surrounding the history of what then of Mormon from English into the Na- took place under the sovereign king- want to thank my cosponsor, Congress- tive Hawaiian language, along with an- dom of Hawaii in the early 1800s. Be- man NEIL ABERCROMBIE, for his strong other Mormon elder from Utah by the fore the arrival of the Europeans, there support and assistance. name of George Cannon. Jonathan Most of all, I send my heartfelt aloha were some 300,000 Native Hawaiians liv- Napela spent the last years of his life and mahalo to all the members of Ka ing on these islands. The warrior chief in this leper settlement because of the ’Ohana O Kalaupapa, to all the King Kamehameha with some 20,000 love for his wife, Kitty, who also con- Kalaupapa patients and their families, warriors and some 900 war canoes fi- tracted this. and most especially to Kuulei on this nally was able to unite these islands There was a lot of controversy about momentous day. under one rule after some 2,000 years of the life of Father Damien at the time. I ask all of my colleagues to vote conflict among the ruling chiefs of The relationships between the Protes- ‘‘yes’’ on H.R. 3332. these islands. tants and the Catholics were not very Mr. BISHOP of Utah. Mr. Speaker, What also occurred was the illnesses positive. In fact, according to the I’m once again appreciative of the re- and the many diseases that Europeans records, a minister of the Presbyterian marks by the gentlewoman from Ha- brought to these islands, and one of Church, Reverend Hyde, castigated and waii, and I’m also appreciative that these diseases was leprosy, or Hansen’s literally criticized Father Damien for now I know how to say ‘‘Kalaupapa.’’ disease. And the unfortunate situation some of the things that he did. And in Her staff was very kind enough to send at the time, having no knowledge or response there was another noted lead- over the pronunciation guide, but they understanding of how they were going er at that time, an author and a Scots- didn’t put where the accent marks to cure it, the Native Hawaiians were man from Scotland, who happens to be should go; so I didn’t know where the not immune to this kind of sickness or Robert Louis Stevenson, who had also emphasis was on this particular word. illness. So the only way to, in any contracted TB, tuberculosis. And try- But with that, I am still very sup- sense, prevent a health hazard was to ing to help his health, he spent the last portive of this particular act. send them to an isolated place where 4 years of his life in my islands, the Sa- Mr. Speaker, I reserve the balance of many of these Native Hawaiians be- moan Islands. And to this day, Robert my time. came subjected to this dreaded disease, Louis Stevenson’s grave is still there. Mr. GRIJALVA. Mr. Speaker, at this leprosy. Despite the wishes and desires of the time let me yield to my good friend In the process, we also had probably, Scottish people and the government to from American Samoa (Mr. in my humble opinion, Mr. Speaker, return his remains, we said no. FALEOMAVAEGA) such time as he may one of the great leaders in the world, a But the point that I wanted to make consume. Catholic priest originally from Bel- is that in response to the criticism (Mr. FALEOMAVAEGA asked and gium, named Father Damien. Father that Father Damien got from his fellow was given permission to revise and ex- Damien, if there is anything that I ministers or those men of the cloth, I tend his remarks.) could ever say the epitome of what the want to share with my colleagues Rob- Mr. FALEOMAVAEGA. Mr. Speaker, pure love of God is, this was one man ert Louis Stevenson’s response: I fully support the provisions of this who voluntarily ministered to these ‘‘When we have failed, and another proposed bill. The bill proposes to es- people, who lived in this colony or this has succeeded; when we have stood by, tablish a memorial to honor the mem- settlement. It was full of lepers, and he and another has stepped in; when we sit ory of all those people who became vic- voluntarily subjected himself even to and grow bulky in our charming man- tims to the dreaded disease of leprosy, this contagious disease, after 12 years sions,’’ and he’s talking about this commonly known as Hansen’s disease. of helping the people who lived there minister, now, ‘‘and a plain, uncouth I certainly want to commend my good build chapels, build schools, and even peasant steps into the battle, under the friend and colleague the gentlewoman helped bury those who died as a result eyes of God, and succours the afflicted, from Hawaii (Ms. HIRONO) and our col- of this dreaded disease. and consoles the dying, and is himself league Congressman ABERCROMBIE for Father Damien, as you know and afflicted in his turn, and dies upon the their cosponsorship or sponsorship of maybe my colleagues are aware, was field of honour, the battle cannot be re- this important legislation. given as one of the two leaders rep- trieved as your unhappy irritation has Mr. Speaker, I also want to commend resenting the great State of Hawaii suggested. It is a lost battle, and lost the chairman of our committee, Chair- right here in Statuary Hall. And the forever.’’

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 12, 2008 CONGRESSIONAL RECORD — HOUSE H827 My point of this is, Mr. Speaker, this Mr. BISHOP of Utah. Mr. Speaker, I est within Muir Woods National Monument; national historical park Kalaupapa, I yield back the balance of my time. and wish every Member of Congress would Mr. GRIJALVA. Mr. Speaker, I yield (3) recognizes the natural and historical go and visit, just like my colleague back the balance of my time. importance of the Muir Woods National Monument in the State of California and to from Hawaii, Congresswoman HIRONO. The SPEAKER pro tempore. The the Nation. It’s one of the most beautiful areas and question is on the motion offered by The SPEAKER pro tempore. Pursu- sites that anybody would ever want to the gentleman from Arizona (Mr. ant to the rule, the gentleman from Ar- see north of the island of Molokai. GRIJALVA) that the House suspend the I wanted to share this with my col- rules and pass the bill, H.R. 3332, as izona (Mr. GRIJALVA) and the gen- leagues because this Kalaupapa is not amended. tleman from Utah (Mr. BISHOP) each as unknown as some people may think The question was taken; and (two- will control 20 minutes. The Chair recognizes the gentleman or believe, and I thank the gentle- thirds being in the affirmative) the from Arizona. woman from Hawaii for having this rules were suspended and the bill, as proposed bill, that we should build a amended, was passed. GENERAL LEAVE memorial to the thousands of Native A motion to reconsider was laid on Mr. GRIJALVA. Mr. Speaker, I ask Hawaiians and other races who had the table. unanimous consent that all Members have 5 legislative days to revise and ex- also contracted this dreaded disease f and should be recognized for the sac- tend their remarks and include extra- rifices that they have had to make. RECOGNIZING THE 100TH ANNIVER- neous material on the resolution under With that, Mr. Speaker, again, I SARY OF THE DECLARATION OF consideration. thank my good friend from Arizona for MUIR WOODS NATIONAL MONU- The SPEAKER pro tempore. Is there giving me time to speak. MENT objection to the request of the gen- Mr. ABERCROMBIE. Mr. Speaker, I rise Mr. GRIJALVA. Mr. Speaker, I move tleman from Arizona? today to support the passage of H.R. 3332, to suspend the rules and agree to the There was no objection. the Kalaupapa Memorial Act of 2007. This resolution (H. Res. 868) recognizing the Mr. GRIJALVA. Mr. Speaker, I yield measure would authorize Ka Ohana O 100th anniversary of the declaration of myself such time as I may consume. Kalaupapa to establish a memorial to honor Muir Woods National Monument by House Resolution 868, introduced by those who were forcibly relocated to President Theodore Roosevelt. our colleague from California, Rep- Kalaupapa. The Clerk read the title of the resolu- resentative LYNN WOOLSEY, recognizes Kalaupapa is a National Historical Park lo- tion. the beauty and the significance of Muir cated on a remote peninsula of northern The text of the resolution is as fol- Woods National Monument on its 100th Molokai. From 1866 through 1969, about lows: anniversary. Muir Woods National 8,000 people afflicted with Hansen’s disease, H. RES. 868 Monument preserves one of the last re- previously known as leprosy, were relocated maining ancient redwood forests on the to the area now known as Kalaupapa National Whereas Congressman William Kent of California recognized the transcendent beau- Pacific Coast and in the world. Historical Park. The coast redwood is the tallest spe- Many of the first settlers faced a harsh and ty and national significance of the coastal redwood trees and he set aside his private cies of tree in the world and one of the difficult life. But the patients who were sent to land for future generations; oldest. The mature trees of the Cathe- Kalaupapa eventually built a community that Whereas Congressman Kent donated his dral and Bohemian groves in Muir allowed them to endure a life cut off from par- lands to be known as Muir Woods in the Woods reach heights of 250 feet and av- ents, children, brothers, sisters and friends. State of California as the first National erage between 600 and 800 years in age, monument, presenting them to the United Even after medication was developed to con- with the oldest believed to be at least trol Hansen’s disease, many patient residents States Government as a gift to the people of the United States; 1,100 years old. chose to continue living in Kalaupapa. In 1905, Congressman William Kent, The site became a national park in 1980 Whereas Muir Woods provides a keystone who later went on to introduce the bill and is dedicated to preserving the memories for conservation stewardship and a rich natural laboratory to explore the philosophy of that would establish the National Park and lessons of the past. Kalaupapa is a living its namesake, the admired conservation ac- Service, purchased the land where Muir memorial to a community that once lived in tivist John Muir; Woods stands, recognizing the beauty, extreme isolation. It now serves as a place of Whereas Muir Woods was recognized 100 value, and significance of an uncut, education, contemplation and quiet beauty. years ago to be ‘‘of extraordinary scientific old-growth redwood forest. Eventually, Unfortunately, many of the residents who fin- interest and importance because of the pri- ished their life in Kalaupapa do not have rec- meval character of the forest and the char- Congressman Kent donated 295 acres to ognizable graves or grave markers. The me- acter, age and size of the trees’’; the Federal Government. morial established by this bill would serve as Whereas the Kent donation made it pos- On January 9, 1908, using the Antiq- a permanent marker and reminder of all 8,000 sible for President Theodore Roosevelt to ex- uities Act, President Roosevelt de- ercise one of the Nation’s most unique pres- residents who lived on Kalaupapa. clared Kent’s donated land a national ervation tools, the Antiquities Act, by de- monument, proclaiming that the A little more than 20 patients remain in claring Muir Woods National Monument for Kalaupapa. As time passes, the number of groves of the redwoods were of ‘‘ex- the American people; traordinary scientific interest and im- former residents of Kalaupapa gets smaller, as Whereas Muir Woods National Monument do the number of people who remember this is preserved today through the dedicated portance because of the unique char- part of Hawaii’s history. With each passing, staff and volunteers of the National Park acter of the forests and the character, the sense of urgency for erecting a memorial Service; age, and size of the trees.’’ becomes more and more heightened. We Whereas on May 19, 1945 international dele- President Roosevelt wanted to name need to pass this bill as soon as possible so gates to the historic Charter Convention of the new monument for Congressman that this memorial becomes a reality before the United Nations met in the beauty and Kent, but Kent insisted that it be peace of Muir Wood’s Cathedral Grove to the passing of the next Kalaupapa resident. named after the venerable conserva- open the convention and honor the memory tionist John Muir, who sought to pro- My colleague Representative MAZIE HIRONO of the late President Franklin D. Roosevelt; has worked tremendously hard to bring this bill and tect some of America’s most iconic to the floor today. I commend her efforts and Whereas in 1972 Muir Woods National landscapes for their inherent national would also like to express my gratitude to Monument became part of the Golden Gate beauty. These ancient trees now offer a Representative NICK RAHALL, Chairman of the National Recreation Area and today attracts silent, yet powerful, testimony to Natural Resources Committee, and Rep- up to a million visitors annually: Now, Muir’s ideals. resentative RAU´ L GRIJALVA, Chairperson of the therefore, be it Mr. Speaker, I commend and con- Subcommittee on National Parks, Forests and Resolved, That the United States House of gratulate my colleague Representative Representatives— WOOLSEY, for her commitment and Public Lands. We would not be here today (1) recognizes the foresight of President were it not for their support and enthusiasm. Roosevelt in using the Antiquities Act in de- leadership on this matter. We strongly I wholeheartedly support this bill, am proud to claring Muir Woods National Monument; support passage of House Resolution be an original cosponsor and ask my col- (2) recognizes the 100 years of careful pres- 868 and urge its adoption by the House leagues for their support of H.R. 3332. ervation of America’s Coastal Redwood for- today.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H828 CONGRESSIONAL RECORD — HOUSE February 12, 2008 Mr. Speaker, I reserve the balance of Ms. LORETTA SANCHEZ of California. Mr. Whereas individuals from all 50 States and my time. Speaker, I rise in strong support of H.R. 868, from more than 25 foreign countries have visited the Museum; b 1500 honoring the 100 year anniversary of the Muir Woods National Monument. Whereas the Museum’s Friends, an organi- Mr. BISHOP of Utah. Mr. Speaker, Throughout his life, John Muir was con- zation dedicated to supporting and sus- taining the Museum, also has members in all the gentleman from Arizona has ade- cerned with protecting nature to enhance the quately explained the bill. 50 States, with 84 percent of members living spiritual side of civilization and progress. His more than 60 miles from the Museum; I reserve the balance of my time. words and deeds led to the establishment of Whereas many members of the Museum’s Mr. GRIJALVA. Mr. Speaker, I yield the U.S. National Park System. In addition, Friends have supported the Museum annu- such time as she may consume to the John Muir was the founding president of the ally since the Museum began in 1991; gentlewoman from California (Ms. Sierra Club, which remains one of the leading Whereas quilts exhibited in the Museum WOOLSEY), the sponsor of the bill. American grassroots organization for pro- are representative of the Nation and its cul- Ms. WOOLSEY. Mr. Speaker, my dis- tecting wilderness and the human environ- tures thanks to the wide diversity of themes trict, just across the Golden Gate ment. and topics, quilts, and quiltmakers; and Bridge north of San Francisco, includes On January 9, 1908, President Theodore Whereas the Museum of the American Roosevelt declared the Muir Woods America’s Quilter’s Society has national significance 100 percent of Marin County and 80 per- and support: Now, therefore, be it cent of Sonoma County, where we are 10th National Monument. When he heard of Resolved by the House of Representatives (the blessed with many environmental President Roosevelt’s act Muir wrote, ‘‘This is Senate concurring), That it is the sense of treasures. In fact, it is one of the most the best tree-lover’s monument that could pos- Congress that the Museum of the American beautiful places on Earth, and it is just sibly be found in all the forests of the world.’’ Quilter’s Society, located at 215 Jefferson across the bridge from one of the larg- Today, Muir Woods attracts about 1 million Street, Paducah, Kentucky, should be des- est cities in our country. people every year, and inspires them with red- ignated as the ‘‘National Quilt Museum of the United States’’. In this area we have a stand of old- woods over 260 feet high and more than growth redwoods known as Muir 1,200 years old. Part of the Golden Gate Na- The SPEAKER pro tempore. Pursu- Woods, and we consider this our crown tional Parks, Muir Woods is a living and en- ant to the rule, the gentleman from Ar- jewel. Muir Woods is nearly 300 acres of during symbol of John Muir’s conservation izona (Mr. GRIJALVA) and the gen- what I refer to as ‘‘Heaven on Earth’’ ethic that nature must be preserved if human- tleman from Utah (Mr. BISHOP) each where its natural beauty has been pre- ity is to continue to thrive on this planet. will control 20 minutes. The Chair recognizes the gentleman served and protected for everyone to I urge my colleagues to support this resolution, and honor the legacy of a great Amer- from Arizona. enjoy so that we can enjoy the trees, ican, his vision of environmental conservation, which are mostly redwoods that stand GENERAL LEAVE and the truly remarkable Muir Woods National over 250 feet tall and are, as the chair- Mr. GRIJALVA. Mr. Speaker, I ask Monument. man just told you, as old as 1,100 years. unanimous consent that all Members Mr. BISHOP of Utah. Mr. Speaker, I have 5 legislative days to revise and ex- That is why I am so pleased that Con- yield back the balance of my time. gress is considering H. Res. 868 today, tend their remarks and include extra- Mr. GRIJALVA. Mr. Speaker, I yield neous material on the concurrent reso- to celebrate the 100th anniversary of back the remainder of our time. President Teddy Roosevelt’s declara- lution under consideration. The SPEAKER pro tempore. The The SPEAKER pro tempore. Is there tion of Muir Woods as a national monu- question is on the motion offered by objection to the request of the gen- ment. the gentleman from Arizona (Mr. tleman from Arizona? It is fitting that we honor the cen- GRIJALVA) that the House suspend the There was no objection. tennial of Muir Woods on the floor of rules and agree to the resolution, H. Mr. GRIJALVA. Mr. Speaker, I yield the House of Representatives, because Res. 868. myself such time as I may consume. it was the actions of Congressman Wil- The question was taken; and (two- House Concurrent Resolution 209 liam Kent who represented Marin thirds being in the affirmative) the would express the sense of Congress County at that time who made the na- rules were suspended and the resolu- that the Museum of the American tional monument possible. William tion was agreed to. Quilter’s Society in Paducah, Ken- Kent privately owned the land where A motion to reconsider was laid on tucky, should be designated the ‘‘Na- Muir Woods now stands, and he and his the table. tional Quilt Museum of the United family donated it to the Federal Gov- f States.’’ The concurrent resolution was ernment to ensure its protection. I am NATIONAL QUILT MUSEUM OF THE introduced by our colleague, Rep- proud to say that 100 years later Con- UNITED STATES resentative ED WHITFIELD of Kentucky. gressman Kent’s vision is still going Since its establishment in 1991, the Mr. GRIJALVA. Mr. Speaker, I move strong. Museum of the American Quilting So- to suspend the rules and agree to the The leadership in conservation that ciety has collected and displayed quilts concurrent resolution (H. Con. Res. 209) William Kent showed 100 years ago is a made by quilters from 44 of the 50 expressing the sense of Congress that valuable lesson for us today. Imagine States. Today, with a permanent col- the Museum of the American Quilter’s all the national wonder that could have lection of more than 180 quilts and Society, located in Paducah, Kentucky, been saved in the last 100 years, won- three galleries totaling 13,400 square should be designated as the ‘‘National ders like Muir Woods, that we could be feet of exhibit space, the facility is the enjoying today had more people been Quilt Museum of the United States’’. The Clerk read the title of the con- largest museum in the world dedicated as selfless as he. We in Congress have current resolution. to the artistry of quilting and illus- the power to ensure that 100 years from The text of the concurrent resolution trates the significance of quilts and now people can look back and applaud is as follows: quilting to this Nation. new conservation efforts. A friends’ group comprised of mem- H. CON. RES. 209 Mr. Speaker, Muir Woods is a unique bers from all 50 States has provided the sanctuary for the protection of one of Whereas the Museum of the American Quilter’s Society is the largest quilt museum museum with a broad national fund- Earth’s greatest wonders, the coastal in the world, with a total of 13,400 square feet raising support and advocates since its redwoods; and its preservation is to be of exhibition space and more than 150 quilts inception 17 years ago. commended. I want to thank Chairman exhibited year-round in its 3 galleries; Mr. Speaker, House Concurrent Reso- RAHALL, Chairman GRIJALVA, Ranking Whereas the mission of the Museum is to lution 209 would grant recognition of Member YOUNG, and Mr. BISHOP for educate the local, national, and inter- the House to this museum and the art bringing my resolution here to the national public about the art, history, and form it seeks to preserve. A museum of floor today, because working together, heritage of quiltmaking; this size, scope, and significance ap- Mr. Speaker, working together today, Whereas quilts in the Museum’s permanent pears worthy of designation as the Na- collection are made by quilters from 44 of we will ensure that 100 years from now the 50 States and many foreign countries; tional Quilt Museum of the United our grandchildren, our great grand- Whereas the Museum, centrally located in States. We have no objection to House children and their children will enjoy Paducah, Kentucky, and open to the public Concurrent Resolution 209 and urge its the Muir Woods bicentennial. year-round, averages 40,000 visitors per year; passage.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 12, 2008 CONGRESSIONAL RECORD — HOUSE H829 I reserve the balance of my time. both through border security and com- SANTA MARGARITA RIVER, CALI- Mr. BISHOP of Utah. Mr. Speaker, I prehensive immigration reform. FORNIA, CONSTRUCTION AU- rise in support of House Concurrent In conclusion, let me say that I want THORIZATION Resolution 209 and yield myself such to express again my sadness in the loss Mr. GRIJALVA. Mr. Speaker, I move time as I may consume. of senior Border Patrol agent Luis A. to suspend the rules and pass the bill The resolution has been adequately Aguilar and again express my sym- (H.R. 29) to authorize the Secretary of explained again by the gentleman from pathy on behalf of all Americans. We the Interior to construct facilities to Arizona. I would like to commend Con- are indebted to his service and, of provide water for irrigation, municipal, gressman WHITFIELD for his work on course, we consider him a national domestic, military, and other uses hero. this resolution that designates the Mu- from the Santa Margarita River, Cali- Mr. BISHOP of Utah. Mr. Speaker, I seum of the American Quilter’s Society fornia, and for other purposes. appreciate the kind words from the in Paducah, Kentucky, as the National The Clerk read the title of the bill. Quilt Museum of the United States. It’s gentlewoman from Texas in support of The text of the bill is as follows: this particular resolution. a designation that brings us all a great H.R. 29 deal of warmth and comfort and helps Mr. WHITFIELD. Mr. Speaker, I ask unanimous consent to revise and extend my re- Be it enacted by the Senate and House of Rep- tie together the loose ends of our soci- resentatives of the United States of America in ety. I am grateful this resolution has marks. Congress assembled, Mr. Speaker, I would like to thank my col- been brought to the floor so that we SECTION 1. DEFINITIONS. can finally put this to bed. leagues and the Resources Committee for al- For the purposes of this Act, the following The bill’s author, Mr. WHITFIELD, lowing this resolution to be considered today. definitions apply: wanted to be here today, but his flight I urge my colleagues to join me in supporting (1) DISTRICT.—The term ‘‘District’’ means has been unavoidably detained because it. the Fallbrook Public Utility District, San The Museum of the American Quilter’s Soci- Diego County, California. of weather conditions. (2) PROJECT.—The term ‘‘Project’’ means I urge the adoption of this resolution ety in Paducah, Kentucky, is a non-profit institution established to educate, promote, and the impoundment, recharge, treatment, and and I reserve the balance of my time. other facilities the construction, operation, Mr. GRIJALVA. Mr. Speaker, I yield honor today’s quiltmakers. The museum started over 16 years ago and is the largest quilt watershed management, and maintenance of 3 minutes to the gentlewoman from which is authorized under section 2. museum in the United States and, in fact, the Texas (Ms. JACKSON-LEE). (3) SECRETARY.—The term ‘‘Secretary’’ Ms. JACKSON-LEE of Texas. I thank world. The museum has the largest quilt ex- means the Secretary of the Interior, unless the distinguished gentleman from Ari- hibit space of any quilt museum, with three ex- otherwise stated. zona. I thank the sponsor of this bill. I hibit galleries, allowing for over 13,400 square SEC. 2. AUTHORIZATION FOR CONSTRUCTION OF add my appreciation and recognition of feet, and over 150 quilts on exhibit year round. SANTA MARGARITA RIVER PROJECT. Quilts in the museum’s permanent collection (a) AUTHORIZATION.—The Secretary, acting H. Con. Res. 209, expressing the sense of pursuant to the Federal reclamation laws Congress that the Museum of Amer- are made by quilters from throughout the nation, from Maine to Florida and Pennsylvania (Act of June 17, 1902; 32 Stat. 388), and Acts ica’s Quilter’s Society located in Ken- to California, having been made by quilters amendatory thereof or supplementary there- tucky should be designated as the Na- to, as far as those laws are not inconsistent from 44 of the 50 States and a number of for- tional Quilter’s Museum of the United with the provisions of this Act, is authorized eign countries. to construct, operate, and maintain the States. Exhibit themes include educational activities Having had the opportunity to have Project substantially in accordance with the called the ‘‘School Block Challenge,’’ which the Traveling Quilters from Alabama final feasibility report and this Act. are blocks of quilts made by school children (b) CONDITIONS.—The Secretary may con- come to Houston, I know that quilting from kindergarten through high school to col- struct the Project only after the Secretary is a national treasure, and it is an im- lectively make one large quilt. Additionally, an- determines that the following conditions portant part of our history. It is impor- tique quilts exhibited in the museum are rep- have occurred: tant for this Congress each step of the (1) The District and the Navy have entered resentative of the Nation and its cultures, fea- way to remind Americans of how valu- into contracts under sections 9(c)2 and 9(e) of turing a wide diversity of themes and topics. able their history is. the Reclamation Project Act of 1939 to repay Mr. Speaker, this museum is certainly a na- to the United States equitable and appro- We happen to be in Black History tional landmark and one that promotes edu- Month; and I know that as we look to priate portions, as determined by the Sec- cation and diversity, while also displaying our retary, of the actual costs of constructing, honor everyone’s history, it is to say Nation’s heritage and traditions. In order that operating, and maintaining the Project. that Americans are united, we are one. our children and grandchildren are able to (2) The officer or agency of the State of So I am very proud to acknowledge treasure these educational and significant fea- California authorized by law to grant per- this resolution and to support it. tures of our Nation we must strengthen and mits for the appropriation of water has Mr. Speaker, I just got off the plane granted such permits to the Bureau of Rec- embrace initiatives, such as the National Quilt from Texas and I do want to make lamation for the benefit of the Department Museum of the United States. Therefore, I mention of H. Res. 954. As a member of of the Navy and the District as permittees urge my colleagues to support this concurrent the House Judiciary Committee, the for rights to the use of water for storage and resolution expressing the sense of Congress diversion as provided in this Act, including Subcommittee on Immigration, and as that the Museum of the American Quilter’s So- approval of all requisite changes in points of a member of the Homeland Security ciety, located in Paducah, Kentucky, be des- diversion and storage, and purposes and Committee, I rise to honor the life of ignated as the ‘‘National Quilt Museum of the places of use. fallen Border Patrol agent Luis A. United States.’’ (3) The District has agreed that it will not Aguilar, who lost his life in the line of Mr. BISHOP of Utah. I have no other assert against the United States any prior duty at Yuma, Arizona, on January 19, speakers. I urge adoption of the resolu- appropriative right the District may have to water in excess of the quantity deliverable to 2008. Many times, Americans do not tion and yield back the balance of my really understand that our Border Pa- it under this Act, and will share in the use of time. the waters impounded by the Project on the trol agents put themselves in the line Mr. GRIJALVA. Mr. Speaker, I yield basis of equal priority and in accordance of fire, and they are, in fact, first re- back the balance of my time. with the ratio prescribed in section 4(b). This sponders on behalf of the people of the The SPEAKER pro tempore. The agreement and waiver and the changes in United States. question is on the motion offered by points of diversion and storage under para- I want to give honor to his family, the gentleman from Arizona (Mr. graph (2), shall become effective and binding certainly to his fellow Border Patrol GRIJALVA) that the House suspend the only when the Project has been completed agents, and to acknowledge my deepest rules and agree to the concurrent reso- and put into operation and may be varied by agreement between the District and the Sec- sympathy to them and as well to them lution, H. Con. Res. 209. as a family. As a member of the Home- retary of the Navy. The question was taken; and (two- (4) The Secretary has determined that the land Security Committee, I am forever thirds being in the affirmative) the Project has economic, environmental, and reminded of their service and have rules were suspended and the concur- engineering feasibility. been an advocate for providing them rent resolution was agreed to. SEC. 3. COSTS. with more resources. We do need to get A motion to reconsider was laid on Upon completion of the construction of the a complete response to immigration, the table. Project, the Department of the Navy shall be

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H830 CONGRESSIONAL RECORD — HOUSE February 12, 2008 responsible to repay to the Secretary only (B) Construction of new facilities for the of its acquisition of the lands comprising that portion of the construction, operation Department of the Navy. Camp Joseph H. Pendleton and adjoining and maintenance costs of the Project that (C) Provision of facilities for use by the De- naval installations, and the rights to the use the Secretary and the Secretary of the Navy partment of the Navy. of water as a part of that acquisition, or determine reflects the extent to which the (D) Facilities operation support for the De- through actual use or prescription or both Department of the Navy benefits from the partment of the Navy. since the date of that acquisition, if any; Project. Provided that the Secretary is here- (E) Provision of such other services as the (2) to create any legal obligation to store by authorized to enter into a contract with Secretary of the Navy considers appropriate. any water in the Project, to the use of which the Secretary of the Navy for the impound- (3) RELATION TO OTHER LAWS.—Sections 2662 the United States has such rights; ing, storage, treatment, and carriage of prior and 2802 of title 10, United States Code, shall (3) to require the division under this Act of rights water for domestic, municipal, fish not apply to any new facilities whose con- water to which the United States has such and wildlife, industrial and other beneficial struction is accepted as in-kind consider- rights; or purposes using Project facilities. ation under this subsection. (4) to constitute a recognition of, or an ad- SEC. 4. OPERATION; YIELD ALLOTMENT; DELIV- (4) CONGRESSIONAL NOTIFICATION.—If the in- mission by the United States that, the Dis- ERY. kind consideration proposed to be provided trict has any rights to the use of water in (a) OPERATION.—The operation of the under a contract to be entered into under the Santa Margarita River, which rights, if Project, subject to a memorandum of agree- subsection (c) has a value in excess of any, exist only by virtue of the laws of the ment between the Secretary, the Navy, and $500,000, the contract may not be entered State of California. the District and under regulations satisfac- into until the earlier of the following: SEC. 8. LIMITATIONS ON OPERATION AND ADMIN- tory to the Secretary of the Navy with re- (A) The end of the 30-day period beginning ISTRATION. spect to the Navy’s share of the project, may on the date on which a report describing the Unless otherwise agreed by the Secretary be by the Secretary, the District, or a third contract and the form and quantity of the of the Navy, the Project— party consistent with section 6. in-kind consideration is submitted by the (1) shall be operated in a manner which al- (b) YIELD ALLOTMENT.—Except as other- Secretary of the Navy to the Committee on lows the free passage of all of the water to wise agreed between the parties, the Depart- Armed Services of the Senate and the Com- the use of which the United States is enti- ment of the Navy and the District shall par- mittee on Armed Services of the House of tled according to the laws of the State of ticipate in the Project yield on the basis of Representatives. California either as a result of its acquisition equal priority and in accordance with the (B) The end of the 14-day period beginning following ratio: of the lands comprising Camp Joseph H. Pen- on the date on which a copy of the report re- (1) 60 percent of the Project’s yield is allot- dleton and adjoining naval installations, and ferred to in subparagraph (A) is provided in ted to the Secretary of the Navy. the rights to the use of water as a part of an electronic medium pursuant to section 480 (2) 40 percent of the Project’s yield is allot- those acquisitions, or through actual use or of title 10, United States Code. ted to the District. prescription, or both, since the date of that (c) CONTRACTS FOR DELIVERY OF EXCESS SEC. 5. REPAYMENT OBLIGATION OF THE DIS- acquisition, if any; and WATER.— TRICT. (2) shall not be administered or operated in (1) EXCESS WATER AVAILABLE TO OTHER PER- (a) IN GENERAL.—The general repayment any way which will impair or deplete the SONS.—If the Secretary of the Navy certifies obligation of the District shall be deter- quantities of water the use of which the to the official agreed upon to administer the mined by the Secretary of the Interior con- United States would be entitled under the Project that the Department of the Navy sistent with sections 9(c)2 and 9(e) of the laws of the State of California had the does not have immediate need for any por- Reclamation Project Act of 1939 to repay to Project not been built. tion of the 60 percent of the Project’s yield the United States equitable and appropriate SEC. 9. AUTHORIZATION OF APPROPRIATIONS. allotted to the Secretary of the Navy under portions, as determined by the Secretary, of There is authorized to be appropriated, out subsection (b), the official may enter into the actual costs of constructing, operating, of any money in the Treasury of the United temporary contracts for the sale and deliv- and maintaining the Project; provided, how- States not otherwise appropriated, the fol- ery of the excess water. ever, that for the purposes of calculating in- lowing— (2) FIRST RIGHT FOR EXCESS WATER.—The terest and determining the time when the (1) $60,000,000 (the current estimated con- first right to excess water to be made avail- District’s repayment obligation to the struction cost of the Project, plus or minus able under paragraph (1) shall be given the United States commences, the pumping and such amounts as may be indicated by the en- District, if otherwise consistent with the treatment of groundwater from the Project gineering cost indices for this type of con- laws of the State of California. shall be deemed equivalent to the first use of struction); and (3) CONDITION OF CONTRACTS.—Each con- water from a water storage project. There (2) such sums as may be required to oper- tract entered into under paragraph (1) for shall be no repayment obligation under this ate and maintain the said project. the sale and delivery of excess water shall in- section for water delivered to the District SEC. 10. REPORTS TO CONGRESS. clude a condition that the Secretary of the under a contract as provided in section 4(c). Not later than 1 year after the date of the Navy has the right to demand that water, (b) MODIFICATION OF RIGHTS AND OBLIGA- enactment of this Act and periodically without charge and without obligation on TION BY AGREEMENT.—The rights and obliga- thereafter, the Secretary and the Secretary the part of the United States, after 30 days tions of the United States and the District of the Navy shall each report to the Congress notice. regarding the repayment obligation of the regarding if the conditions specified in sec- (4) MODIFICATION OF RIGHTS AND OBLIGA- District may be modified by an agreement tion 2(b) have been met and if so, the details TIONS.—The rights and obligations of the between the parties. of how they were met. United States and the District regarding the SEC. 6. TRANSFER OF CARE, OPERATION, AND SEC. 11. SUNSET. MAINTENANCE. ratio, amounts, definition of Project yield, The authority of the Secretary to complete The Secretary may transfer to the Dis- and payment for excess water may be modi- construction of the Project shall terminate trict, or a mutually agreed upon third party, fied by an agreement between the parties. 10 years after the date of enactment of this the care, operation, and maintenance of the (d) CONSIDERATION.— Act. (1) DEPOSIT OF FUNDS.—Moneys paid to the Project under conditions satisfactory to the United States under a contract entered into Secretary and the District, and with respect The SPEAKER pro tempore. Pursu- under subsection (c) shall be deposited in the to the portion of the Project that is located ant to the rule, the gentleman from Ar- special account established for the Depart- within the boundaries of Camp Pendleton, izona (Mr. GRIJALVA) and the gen- ment of the Navy under paragraph (1) of sec- satisfactory also to the Secretary of the tleman from Utah (Mr. BISHOP) each tion 2667(d) of title 10, United States Code, Navy. If such a transfer takes place, the Dis- will control 20 minutes. and shall be available for the purposes speci- trict shall be entitled to an equitable credit The Chair recognizes the gentleman fied in subparagraph (C) of such paragraph. for the costs associated with the Secretary’s from Arizona. Subparagraph (D) of such paragraph shall proportionate share of the operation and GENERAL LEAVE not apply to moneys deposited in the special maintenance of the Project. The amount of account pursuant to this subsection. such costs shall be applied against the in- Mr. GRIJALVA. Mr. Speaker, I ask (2) IN-KIND CONSIDERATION.—In lieu of mon- debtedness of the District to the United unanimous consent that all Members etary consideration under paragraph (1), or States. may have 5 days to revise and extend in addition to such consideration, the Sec- SEC. 7. SCOPE OF ACT. their remarks and include extraneous retary of the Navy may accept in-kind con- For the purpose of this Act, the basis, material on the bill under consider- sideration in a form and quantity that is ac- measure, and limit of all rights of the United ation. ceptable to the Secretary of the Navy, in- States pertaining to the use of water shall be The SPEAKER pro tempore. Is there cluding the following forms of in-kind con- the laws of the State of California. Provided sideration: that nothing in this Act shall be construed— objection to the request of the gen- (A) Maintenance, protection, alteration, (1) as a grant or a relinquishment by the tleman from Arizona? repair, improvement, or restoration (includ- United States of any rights to the use of There was no objection. ing environmental restoration) of property water that it acquired according to the laws Mr. GRIJALVA. Mr. Speaker, I yield or facilities of the Department of the Navy. of the State of California, either as a result myself such time as I may consume.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 12, 2008 CONGRESSIONAL RECORD — HOUSE H831 H.R. 29 was introduced by our col- mittee’s report on H.R. 29 and the Congres- of 1986 is amended by striking ‘‘February 29, league, Representative DARRELL ISSA, sional Record during consideration of the 2008’’ and inserting ‘‘June 30, 2008’’. and would authorize the Secretary of measure on the House floor. (b) TICKET TAXES.— Very truly yours, the Interior to construct facilities to (1) PERSONS.—Clause (ii) of section IKE SKELTON, 4261(j)(1)(A) of such Code is amended by provide water for irrigation, municipal, Chairman. striking ‘‘February 29, 2008’’ and inserting domestic, military, and other uses ‘‘June 30, 2008’’. from the Santa Margarita River in HOUSE OF REPRESENTATIVES, (2) PROPERTY.—Clause (ii) of section California and for other purposes. COMMITTEE ON NATURAL RESOURCES, 4271(d)(1)(A) of such Code is amended by Similar legislation introduced by Con- Washington, DC, January 22, 2008. striking ‘‘February 29, 2008’’ and inserting gressman ISSA passed the House in the Hon. IKE SKELTON, ‘‘June 30, 2008’’. two previous Congresses. Chairman Committee on Armed Services, (c) EFFECTIVE DATE.—The amendments Mr. Speaker, we have no objection to Rayburn H.O.B., Washington, DC. made by this section shall take effect on DEAR IKE: Thank you for your willingness this noncontroversial bill, and I ask March 1, 2008. to expedite floor consideration of H.R. 29, SEC. 3. EXTENSION OF AIRPORT AND AIRWAY my colleagues to support H.R. 29. which authorizes the construction of facili- TRUST FUND EXPENDITURE AU- Mr. Speaker, I reserve the balance of ties to provide water for irrigation, munic- THORITY. my time. ipal, domestic, military, and other uses from (a) IN GENERAL.—Paragraph (1) of section Mr. BISHOP of Utah. Mr. Speaker, I the Santa Margarita River in California. 9502(d) of the Internal Revenue Code of 1986 yield myself such time as I may con- I appreciate your willingness to waive is amended— sume. rights to further consideration of H.R. 29, (1) by striking ‘‘March 1, 2008’’ and insert- H.R. 29 was introduced by our col- even though your Committee has a jurisdic- ing ‘‘July 1, 2008’’, and tional interest in the matter and has re- league, DARRELL ISSA, and authorizes (2) by inserting ‘‘or the Airport and Airway ceived an additional referral. Of course, this the construction of the groundwater Extension Act of 2008’’ before the semicolon waiver does not prejudice any further juris- at the end of subparagraph (A). recharge and pumping project in the dictional claims by your Committee over (b) CONFORMING AMENDMENT.—Paragraph lower Santa Margarita River basin in this legislation or similar language. Further- (2) of section 9502(f) of such Code is amended Southern California. more, I agree to support your request for ap- by striking ‘‘March 1, 2008’’ and inserting If constructed, the project would pro- pointment of conferees from the Committee ‘‘July 1, 2008’’. vide much-needed water to the local on Armed Services if a conference is held on (c) EFFECTIVE DATE.—The amendments water utility district as well as to this matter. made by this section shall take effect on Camp Pendleton, the Marine Corps Although the Committee’s report on H.R. March 1, 2008. 29 has already been filed, this exchange of base, for its military training needs. SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT letters will be inserted in the Congressional PROGRAM AND OTHER AUTHORI- This project would augment the local Record as part of the consideration of the TIES. water district supply, would relieve fu- bill on the House floor. Thank you for the (a) AUTHORIZATION OF APPROPRIATIONS.— ture additional demands for constantly cooperative spirit in which you have worked (1) IN GENERAL.—Section 48103 of title 49, limited imported water supplies, and regarding this matter and others between United States Code, is amended— would set aside and preserve valuable our respective committees. (A) by striking ‘‘and’’ at the end of para- With warm regards, I am environmental habitat. graph (3); Sincerely, (B) by striking the period at the end of This project is an excellent example NICK J. RAHALL II, of local and Federal agencies working paragraph (4) and inserting ‘‘; and’’; and Chairman, (C) by inserting after paragraph (4) the fol- together to secure safe, dependable Committee on Natural Resources. lowing: water supplies for future generations. I reserve the balance of my time. ‘‘(5) $2,756,250,000 for the 9-month period be- This bill is good for water consumers, Mr. BISHOP of Utah. Mr. Speaker, I ginning October 1, 2007.’’. and it is good for our soldiers. I urge have no further speakers, and I yield (2) OBLIGATION OF AMOUNTS.—Sums made my colleagues to support this impor- back the balance of my time. available pursuant to the amendment made tant bill, which has been considered by Mr. GRIJALVA. Mr. Speaker, I yield by paragraph (1) may be obligated at any the House twice already. Perhaps the back the balance of my time. time through September 30, 2008, and shall third time will be the charm. The SPEAKER pro tempore. The remain available until expended. I reserve the balance of my time. question is on the motion offered by (3) PROGRAM IMPLEMENTATION.—For pur- Mr. GRIJALVA. Mr. Speaker, I sub- poses of calculating funding apportionments the gentleman from Arizona (Mr. and meeting other requirements under sec- mit for the RECORD an exchange of let- GRIJALVA) that the House suspend the tions 47114, 47115, 47116, and 47117 of title 49, ters on this particular piece of legisla- rules and pass the bill, H.R. 29. United States Code, for the 9-month period tion. The question was taken; and (two- beginning October 1, 2007, the Administrator COMMITTEE ON ARMED SERVICES, thirds being in the affirmative) the of the Federal Aviation Administration HOUSE OF REPRESENTATIVES, rules were suspended and the bill was shall— Washington, DC, January 4, 2008. passed. (A) first calculate such funding apportion- Hon. NICK J. RAHALL II, A motion to reconsider was laid on ments on an annualized basis as if the total Chairman, Committee on Natural Resources, the table. amount available under section 48103 of such Longworth House Office Building, Wash- title for fiscal year 2008 were $3,675,000,000; ington, DC. f and DEAR NICK: On October 10, 2007, the Com- AIRPORT AND AIRWAY EXTENSION (B) then reduce by 25 percent— mittee on Natural Resources ordered H.R. 29 ACT OF 2008 (i) all funding apportionments calculated to be reported. As you know, this measure under subparagraph (A); and contains certain provisions that are within Mr. CROWLEY. Mr. Speaker, I move (ii) amounts available pursuant to sections the jurisdiction of the Committee on Armed to suspend the rules and pass the bill 47117(b) and 47117(f)(2) of such title. Services, and thus, was sequentially referred (H.R. 5270) to amend the Internal Rev- (b) PROJECT GRANT AUTHORITY.—Section to the Committee on Armed Services by the enue Code of 1986 to extend the funding 47104(c) of such title is amended by striking Parliamentarian for the House. and expenditure authority of the Air- ‘‘September 30, 2007,’’ and inserting ‘‘June 30, Our Committee recognizes the importance port and Airway Trust Fund, and for 2008,’’. of H.R. 29 and the need for the legislation to (c) GOVERNMENT SHARE OF CERTAIN AIP other purposes. move expeditiously. Therefore, while we COSTS.—Section 161 of the Vision 100—Cen- have a valid claim to jurisdiction over this The Clerk read the title of the bill. tury of Aviation Reauthorization Act (49 legislation, the Committee on Armed Serv- The text of the bill is as follows: U.S.C. 47109 note) is amended by striking ‘‘in ices will waive further consideration of H.R. H.R. 5270 each of fiscal years 2004 through 2007’’ and in- 29. I do so with the understanding that by Be it enacted by the Senate and House of Rep- serting ‘‘in fiscal year 2008 before July 1, waiving further consideration of the bill, the resentatives of the United States of America in 2008,’’. Committee does not waive any future juris- Congress assembled, (d) ADJUSTMENT AUTHORITY.— dictional claims over similar measures. In SECTION 1. SHORT TITLE. (1) IN GENERAL.—Section 409(d) of such Act the event of a conference with the Senate on This Act may be cited as the ‘‘Airport and (49 U.S.C. 40101 note) is amended by striking this bill, the Committee on Armed Services Airway Extension Act of 2008’’. ‘‘2007.’’ and inserting ‘‘2008.’’. reserves the right to seek the appointment of SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT (2) EFFECTIVE DATE.—The amendment conferees. AND AIRWAY TRUST FUND. made by paragraph (1) shall take effect on I would appreciate the inclusion of this let- (a) FUEL TAXES.—Subparagraph (B) of sec- September 29, 2007, and shall apply with re- ter and a copy of the response in your Com- tion 4081(d)(2) of the Internal Revenue Code spect to any final order issued under section

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H832 CONGRESSIONAL RECORD — HOUSE February 12, 2008 409(c) of such Act that was in effect on such and equipment and research personnel would given us enough time to allow this date. be immediately sent home, and our remain- body to devote the necessary time to (e) AIRPORT ELIGIBILITY.—The first sen- ing personnel funded by the Operations ac- make a close examination of the fi- tence of section 186(d) of such Act (117 Stat. count would follow after funding provided by nancing of the system and consider the 2518) is amended by inserting ‘‘and for the the General Fund has been fully obligated— portion of fiscal year 2008 ending before July most likely in early June. For this reason, long-term changes that technology and 1, 2008,’’ after ‘‘2007,’’. we plan to notify employees impacted by the the demands of that system are impos- The SPEAKER pro tempore. Pursu- March 1st deadline within the next two ing on us, something that I believe the ant to the rule, the gentleman from weeks. Committee on Ways and Means and the Select Revenue Subcommittee did not New York (Mr. CROWLEY) and the gen- AVIATION EXCISE TAXES tleman from Pennsylvania (Mr. The Consolidated Appropriations Act only have time to accomplish, despite mul- provided a temporary extension of authority tiple hearings on this issue. ENGLISH) each will control 20 minutes. The Chair recognizes the gentleman for the collection of most of the aviation re- While today’s bill will only extend lated excise taxes until February 29, 2008. from New York. current law authority through the end The authority to collect such taxes should of June, this is a necessary step in the GENERAL LEAVE not be allowed to lapse. The uncommitted process. It certainly does not speak Mr. CROWLEY. Mr. Speaker, I ask balance in the Trust Fund is insufficient to well of this Congress that we are not unanimous consent that all members sustain FAA operations beyond a few months and a lapse in the authority to collect excise able to do these things promptly with have 5 legislative days within which to discipline and do so in a timely fash- revise and extend their remarks and in- taxes could quickly begin to impact FAA’s operations. ion, but I believe that our committee, clude extraneous material on H.R. 5270. AIRPORT IMPROVEMENT PROGRAM GRANTS Ways and Means, together with the The SPEAKER pro tempore. Is there Transportation and Infrastructure objection to the request of the gen- Contract authority for the FAA’s AIP program expired on September 30, 2007, however Committee, have provided value added, tleman from New York? Congress, in a series of continuing resolu- and I would like to believe that given There was no objection. tions, provided temporary and limited AIP some additional time, that we would b 1515 contract authority through December 31, have had an opportunity to put forward 2007. Without contract authority, we are not Mr. CROWLEY. Mr. Speaker, I yield a permanent solution. able to make any new AIP grants. For the Mr. Speaker, I reserve the balance of myself such time as I may consume. airport grant program, we typically view Mr. Speaker, H.R. 5270 extends the fi- February 1st as a date when airport sponsors my time. nancing and spending authority for the need to have some confidence that grant Mr. CROWLEY. Mr. Speaker, I want Airport and Airway Trust Fund. The funds will be forthcoming so they can go out to point out that it is my under- trust fund taxes and spending author- with their bids for construction projects to standing the delay has been in the Sen- ity are scheduled to expire on March 1, take full advantage of the construction sea- ate, not in the House of Representa- 2008. H.R. 5270 extends these taxes at son. Unfortunately, with the gap in AIP con- tives, not between the two committees, tract authority for fiscal year 2008, we are and not because of disagreement from current rates through June 30 of 2008. near the point of losing a portion of this con- On January 29, 2008, the acting ad- either side of the aisle here, but in the struction season and airport sponsors will other body. It is also my understanding ministrator of the FAA sent a letter to have to defer critical safety and capacity the Committee on Ways and Means in- projects. the gentleman is going to be sup- dicating the ability of the FAA to pro- We are confident that Congress will ad- porting the bill in the end. If I am vide services in 2008 will be impeded if dress these short-term issues, but time is of wrong, please indicate for the RECORD. this extension is not enacted. I will in- the essence in moving toward a resolution of Mr. Speaker, I yield 3 minutes to the these matters. We are ready to work with clude this letter from the FAA for the gentlewoman from Texas (Ms. JACK- you and other members to enact a reauthor- SON-LEE). RECORD. ization proposal that is consistent with the The Committee on Ways and Means Ms. JACKSON-LEE of Texas. Mr. goals of the Administration. Speaker, I would like to congratulate reported out a previous extension bill The Office of Management and Budget has with bipartisan support. This bill will advised that there is no objection, from the the Ways and Means Committee for the keep the Airport and Airway Trust standpoint of the Administration’s program, good work they have done with the Fund taxes and operations in place to the submission of this letter to Congress. Transportation and Infrastructure until the long-term FAA reauthoriza- Sincerely, Committee on coming forward today ROBERT A. STURGELL, and providing us with an opportunity tion act is signed into law. I urge the Acting Administrator. full support of my colleagues for this to do the smart thing, and that is to Mr. ENGLISH of Pennsylvania. Mr. measure. provide this extension for this trust Speaker, I yield myself such time as I fund. U.S. DEPARTMENT OF TRANSPOR- may consume. Yesterday, in my capacity on the TATION, FEDERAL AVIATION AD- Mr. Speaker, today I also rise in sup- Transportation Security Committee, I MINISTRATION, Washington, DC, January 29, 2008. port of this legislation. Congress must hosted the Transportation Security Hon. CHARLES B. RANGEL, not stand by while the financing of our Administrator in my district at one of House of Representatives, Nation’s airways are to lapse. The cost my large airports. Obviously, the infra- Washington, DC. to our Nation’s economy of doing so structure of airports, the safety of air- DEAR CONGRESSMAN RANGEL: Thank you would be devastating. ports, travels parallel to the security for your continued support to the mission of As you know, authorizing legislation of airports. This is a vital fund for cit- the Federal Aviation Administration (FAA). permitting the collection of aviation ies like Houston, Texas, which happens As you know, we have a pending reauthoriza- taxes and fees sadly expired at the end tion proposal to establish a cost-based fi- to have one of the top 10 airports in the nancing system, help address congestion, and of the last fiscal year. Congress since Nation. make the system more accountable to avia- then has extended that authorization Airports are sites used by millions tion stakeholders. In the absence of an en- through the end of this month in the and millions of Americans every single acted reauthorization bill, I am writing to consolidated appropriations act. It is day, and therefore it is important that you to bring to your attention some serious unfortunate, in my view, that Congress the delay of the actual completion of a issues that will impede our ability to provide was not able to reach an agreement final bill not be used to prevent the our services to the country during 2008 if not with the other body on a longer term flow of dollars to protect our airports addressed immediately. solution before resorting to temporary and provide safe and secure passage for AIRPORT AND AIRWAY TRUST FUND extensions. our travelers. The Consolidated Appropriations Act, 2008 I feel that the Ways and Means Com- I understand, as my good friend from (P.L. 110–161) extended the authority to mittee and the Transportation and In- New York has indicated, that the delay make expenditures from the Airport and Air- frastructure Committee worked well is in the Senate. This is the right direc- way Trust Fund only until March 1, 2008. Without an extension of the Trust Fund ex- together to put together a workable tion to go. I applaud the Ways and penditure authorities, FAA will be unable to bill that would continue financing our Means Committee and Chairman CHAR- obligate funds after March 1 from the Trust system with modest changes for a pe- LIE RANGEL, and I rise enthusiastically Fund. Most notably, our airports, facilities riod of 4 years. Four years would have to support this legislation.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 12, 2008 CONGRESSIONAL RECORD — HOUSE H833 Mr. ENGLISH of Pennsylvania. Mr. to work in a bipartisan and bicameral thorization expired on September 30, Speaker, I yield such time as he may fashion to pass legislation that the there is no contract authority in place consume to a senior member of the President can sign. now for the AIP program in fiscal year Transportation and Infrastructure I support this extension in order to 2008. No new airport grants can be Committee, the gentleman from Wis- allow us time to accomplish this im- made. consin (Mr. PETRI). portant goal. So without this legislation, not only Mr. PETRI. Mr. Speaker, I thank my Mr. CROWLEY. Mr. Speaker, I yield is FAA going to have to lay off 4,000 colleague, Mr. ENGLISH from Pennsyl- such time as he may consume to my employees, they are not going to be vania, for yielding, and I appreciate the good friend, the gentleman from Min- able to make grants to airport authori- hard work that he and members of his nesota (Mr. OBERSTAR), the Chair of ties, we will lose tens of thousands of committee have done in this area. the Transportation and Infrastructure construction jobs in building airport I had the privilege of appearing be- Committee. capacity, and we will lose the ability to fore his subcommittee as we were con- Mr. OBERSTAR. Mr. Speaker, I meet the needs of aviation capacity out sidering the financing of this legisla- thank the gentleman for yielding and into the balance of this fiscal year. tion. In fact, in September of last year, for bringing this bill to the floor and So the several provisions I have al- the House considered and passed a bill for the support of the Republican side. ready described, plus many other provi- that resulted from that hearing, the Mr. ENGLISH, it is good to have you sions of the previous law, Vision 100, FAA Reauthorization Act of 2007, participating, and our colleague on the are continued in this legislation. We which was H.R. 2881. It reauthorized committee, Mr. PETRI, thank you for extend that authority through to June the FAA for the next 4 years. On sev- your diligent work on behalf of avia- 30 in order to keep the pressure on the eral occasions after that, the House tion issues. other body to take up our aviation au- passed bills to extend the FAA pro- The House has done its job on avia- thorization bill, which passed our com- grams. tion. We passed, on September 20, the mittee with overwhelming bipartisan Unfortunately, the other body has reauthorization act to extend aviation support, passed the House with an taken no action on any of these meas- programs through 2011. Shortly there- overwhelming vote, and yet the other ures; therefore, the authority of the after, we passed another bill to provide body sits over there in splendid isola- FAA’s essential programs and taxes a short-term extension of FAA pro- tion as though nothing else in the were extended through the end of this grams. Then in November, we passed world matters. And I find that very, month as part of the omnibus appro- another attempt to extend aviation very disturbing. priations act. Regrettably, those FAA programs in the short term. We need to pass this legislation that programs and authorities not extended Regrettably, our colleagues across the House has already acted on and let the Senate pass it and get in to con- in the omnibus expired on September the way in the other body have not ference with us. We will get this re- 30. acted on any of these. If we don’t act, Additionally, although the omnibus frankly, the FAA just simply runs out solved, we can get it passed and get it appropriation bill provided money, it of money. It will run out of authority to the President in very short order. did not extend the FAA’s contract au- to spend money. It will run out of au- But, meanwhile, we have to take the action embodied in the pending legisla- thority, and therefore as of December thority to collect the revenues. So the tion, and I urge its support by an over- 31, the FAA no longer has the author- House again, thank goodness the Ways whelming bipartisan vote. ity to make new obligations, including and Means Committee is doing its job This legislation would extend the authoriza- sorely needed Airport Improvement of carrying the load, has brought to the tion for aviation programs and taxes through Program grants to allow airports to floor with our participation and vig- June 30, 2008. Such an extension is urgently complete vital infrastructure improve- orous support an extension of the rev- needed to address significant budget problems ment projects. The omnibus also in- enue authority for the FAA programs. facing the Federal Aviation Administration, First of all, we extend with this legis- cluded a provision that would prevent FAA, due to the current lapse in Airport Im- lation the aviation taxes. Now, that the FAA from spending any money of provement Program, AIP, funding, and the up- covers 80 percent of FAA’s budget. And the Airport and Airway Trust Fund coming expiration of both the aviation excise with an uncommitted cash balance of after March 1 of this year. taxes and the authority to make expenditures Without some congressional action only $1.5 billion, any lapse in the avia- from the Aviation Trust Fund. to extend the FAA’s authority on tion taxes could put solvency of the These current and upcoming lapses in March 1st, the FAA will be facing a trust fund at serious risk. FAA’s authorities have occurred despite re- partial shutdown. It is unlikely that Don’t think it can’t happen, because peated efforts by the House to pass legislation Congress will be able to send a long- that did happen in 1995 when Congress to extend them. The House has acted on term FAA reauthorization bill to the allowed the aviation taxes to lapse and three separate occasions to extend the author- President for consideration before the the Aviation Trust Fund ran out of ization for FAA programs. On September 20, February 29 deadline. money. Curiously, ticket prices didn’t 2007, the House passed H.R. 2881, the ‘‘FAA We have before us H.R. 5270. This bill go down. The airlines just kept charg- Reauthorization Act of 2007,’’ to reauthorize would extend the funding and expendi- ing the same price. They didn’t give FAA programs for fiscal years 2008–2011. On ture authority of the FAA through the consumer during that period of September 24, 2007, the House passed H.R. June 30 of this year, 2008. The bill also lapse a break. They just kept on col- 3540, the ‘‘Federal Aviation Administration Ex- extends the taxes funding the Airport lecting taxes, revenues, at the higher tension Act of 2007’’ to provide a short-term and Airway Trust Funds through June level, without giving any kind of a re- extension of FAA programs. On November 6, 30, provides Airport Improvement Pro- bate on taxes. We don’t want to let 2007, the House amended and passed S. gram funding through September 30, that happen again. 2265, in a subsequent attempt to provide a and extends eligibility for essential air The second thing that we do in this short-term extension of FAA programs. The service subsidies and airport grant legislation is extend authority for the Senate has yet to act on any of these bills, or funding. FAA to make expenditures from the on any other FAA reauthorization legislation. Ideally, we should be considering the Aviation Trust Fund. Without that, on As I supported each of these prior attempts FAA reauthorization conference report March 1, FAA will face a partial shut- to extend FAA’s programs and financing, I at this time. Unfortunately, that is not down. They will not be able to pay again support the legislation before us today. the case. Instead, we are considering some 4,000 employees, and a good many I strongly support the extension of the avia- the third short-term extension of the of those will be air traffic controllers. tion excise taxes, as proposed in H.R. 5270. FAA’s authority by the House. How- The third provision critical in this These taxes are necessary to support the ever, this bill will ensure that our na- legislation is the $2.76 billion in con- Aviation Trust Fund, which in recent years has tional aviation system continues to op- tract authority for the Aviation Im- provided about 80 percent of the FAA’s budg- erate until a full FAA reauthorization provement Program, that is the con- et. With an uncommitted cash balance of ap- can be enacted. struction program for runways and proximately $1.5 billion, any lapse in the avia- There is much work yet to be done on taxiways, the hard side, the air side of tion taxes could put the solvency of the Trust the FAA reauthorization bill. We need the airport. Because the previous au- Fund at risk.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H834 CONGRESSIONAL RECORD — HOUSE February 12, 2008 In addition to extending the aviation taxes, a this bill in order to ensure that thou- the House acted on three separate occasions second key provision of H.R. 5270 is the ex- sands of FAA employees are not fur- last year in an attempt to extend FAA’s au- tension of the FAA’s authority to make ex- loughed through congressional inac- thorities, including passage of H.R. 2881, the penditures from the Trust Fund. Without this tion. It is also vitally important for 4-year FAA reauthorization legislation. The authority, the FAA will face a partial shut-down communities engaged in an airport Senate has yet to act on any of these meas- beginning March 1st, as it will be unable to construction project, communities like ures. pay approximately 4,000 of its employees. my hometown of Erie, Pennsylvania, We must ensure that this extension passes The third key provision of H.R. 5270 is that that the bill before us reinstates the without further delay to not only improve safe- it provides $2.76 billion in contract authority for contract authority for the FAA to ty and combat delays and congestion but to the AIP. Because the previous FAA authoriza- issue money under the Airport Im- also stimulate the economy. tion act, Vision 100, expired on September 30, provement Program. H.R. 5270 creates $2.76 billion in AIP con- 2007, there is currently no contract authority in I believe that this is an opportunity tract authority to fund the program until June place for the AIP in FY 2008, and no new air- for us to get this right in the coming 30, 2008. When annualized, this $2.76 billion port grants can be made. It is our intent that months. It is essential that the House equates to $3.675 billion for the full fiscal year the full $2.76 billion provided by H.R. 5270 be Ways and Means Committee, the House 2008. H.R. 5270 will allow the FAA to make AIP grants, so that airports can take advan- made available, without regard to any pre- Transportation and Infrastructure tage of the full 2008 construction season. viously enacted rescission. Committee, and the bipartisan leader- This, in turn, will put people to work and im- It is imperative that we reinstate the AIP ship of this body engage the Senate in prove the safety and efficiency of our aviation program immediately. Unless we do so, we order to pass a permanent solution system. that provides long-term funding for the will lose the Spring construction season, and Aviation is too important to our nation’s will not be able to do much construction this FAA in a manner that is consistent economy—contributing to $1.2 trillion in output year, even if the program is reauthorized at a with the fundamental changes in that and approximately 11.4 million U.S. jobs—to later date. system in order to provide the nec- allow the taxes or funding for critical aviation According to the FAA, a continued lapse in essary investment in this essential programs to expire. Until H.R. 2881 is signed AIP funding will affect important safety and ca- piece of our national transportation in- into law, we must ensure that FAA has the pacity projects, including runway safety area frastructure. I urge my colleagues to funds it needs to continue its vital programs. projects, letter of intent disbursements, runway vote for the bill. H.R. 5270 provides a short, 4-month exten- safety action team projects, enhanced taxiway Mr. Speaker, I yield back the balance sion to ensure FAA’s programs remain fully and centerline marking projects, and aircraft of my time. funded, and I urge my colleagues to support rescue, firefighting and snow removal equip- Mr. CROWLEY. I thank my colleague the bill. ment. We must act now to extend this impor- from Pennsylvania for his words of sup- Mr. CROWLEY. Mr. Speaker, I yield tant program. port for this legislation. back the balance of my time. H.R. 5270 also extends several other provi- Mr. Speaker, let me just point out as The SPEAKER pro tempore. The sions of Vision 100 so that, until a long-term well, piggybacking on what he just said question is on the motion offered by FAA reauthorization bill is enacted, aviation about the airport improvement pro- the gentleman from New York (Mr. programs may be continued under the same grams grants, that time is of the es- CROWLEY) that the House suspend the terms and conditions as were in effect during sence. A failure to move now will fur- rules and pass the bill, H.R. 5270. the previous authorization period. ther condense the season in which we The question was taken; and (two- But this is only the first step. We need to can actually improve the safety and thirds being in the affirmative) the enact a long-term FAA reauthorization bill, the aesthetics of our airports. So I rules were suspended and the bill was which will permit us to go forward on mod- thank him for his support, for recog- passed. ernization of the air traffic control system, and nizing the problems not here in this A motion to reconsider was laid on improvement of our airports, to combat the body but with the other body. I thank the table. ever-increasing inadequacies of the current my friend, as well, Mr. OBERSTAR for f pointing that out to us. system. Last year, our aviation system had the COMMEMORATING THE COURAGE Mr. COSTELLO. Mr. Speaker, I rise today in worst delay record in its history. With the num- OF THE HAITIAN SOLDIERS support of H.R. 5270, the Airport and Airway ber of air travelers predicted to surpass 1 bil- THAT FOUGHT FOR AMERICAN Extension Act. I want to thank Chairman RAN- lion per year by the year 2015, the system is INDEPENDENCE IN THE ‘‘SIEGE GEL for bringing this to the floor today, as well rapidly approaching gridlock. I strongly urge OF SAVANNAH’’ the other body to bring their reauthorization bill as Chairman OBERSTAR and Ranking Mem- Mr. FALEOMAVAEGA. Mr. Speaker, to the floor, so we can go to conference and bers MICA and PETRI. I move to suspend the rules and agree pass a long-term reauthorization of aviation On September 20, 2007, the House passed to the resolution (H. Res. 909) com- programs. H.R. 2881, the FAA Reauthorization Act of memorating the courage of the Haitian I thank Chairman RANGEL and Ranking 2007, a long-term authorization of the Federal soldiers that fought for American inde- Member MCCRERY of the Committee on Ways Aviation Administration’s (FAA) programs. pendence in the ‘‘Siege of Savannah’’ and Means for working with the Committee on However, until H.R. 2881 is signed into law, it and for Haiti’s independence and re- Transportation and Infrastructure to include is important that we extend FAA’s programs on a short-term basis. nunciation of slavery, as amended. the aviation authorization provisions in H.R. The Clerk read the title of the resolu- 5270. I also thank my Committee colleagues, If Congress does not act before February 29, 2008, the FAA is potentially facing signifi- tion. Ranking Member MICA, Subcommittee Chair- The text of the resolution is as fol- cant FY 2008 budget problems due to the man COSTELLO, and Subcommittee Ranking lows: lapse in funding for the Airport Improvement Member PETRI, for working with me on this H. RES. 909 critical legislation. Program (AIP), and the upcoming expiration of Whereas in the fall of 1779, Haitian soldiers I urge my colleagues to support H.R. 5270. both the aviation excise taxes and the authority to make expenditures from the Aviation of the Chasseurs-Volontaires de Saint b 1530 Domingue volunteered to join in the fight for Trust Fund. American independence; Mr. ENGLISH of Pennsylvania. Mr. To address these problems, H.R. 5270 Whereas the unit was comprised of over 500 Speaker, I yield myself such time as I would extend not only the aviation taxes and men of color from the island of Haiti; may consume. expenditure authority, but also AIP contract Whereas on October 9, 1779, the soldiers of I think we have made the case here, authority, until June 30, 2008. Chasseurs-Volontaires de Saint Domingue Mr. Speaker, that it is important that This is not the first time we have passed served as the largest unit of soldiers of Afri- this legislation go forward to cure an short-term extensions to ensure FAA has the can descent to fight in the ‘‘Siege of Savan- inability of Congress to bring closure contract authority it needs to make AIP grants. nah’’; on this very, very important issue. Whereas records show that over 500 men In 1999 and 2000, as Congress was debating sailed treacherous waters to join the effort This is stop-gap legislation that is nec- what eventually became the Wendell H. Ford against the British; essary to allow America’s aviation sys- Aviation Investment and Reform Act for the Whereas over 300 of them lost their lives tem to remain airborne, and at a crit- 21st Century, or AIR 21, we passed 4 exten- attempting to drive the British from Savan- ical time. It is essential that we pass sions of FAA’s contract authority. Moreover, nah;

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 12, 2008 CONGRESSIONAL RECORD — HOUSE H835 Whereas the Savannah Monument, a I strongly support this resolution, time as he may consume to the chief project of the Haitian American Historical and I encourage my colleagues to vote sponsor of this proposed legislation, Society represents the Haitian soldiers that in favor of this proposed bill. my good friend, the gentleman from fought in the ‘‘Siege of Savannah’’; I reserve the balance of my time. Florida (Mr. MEEK). Whereas the Savannah Monument was Mr. BOOZMAN. Mr. Speaker, I yield erected in Savannah, Georgia on Monday, Mr. MEEK of Florida. Mr. Speaker, I myself such time as I may consume. want to thank my colleagues for the October 8, 2007, to recognize the Haitian in- I rise in support of House Resolution volvement in the fight for American inde- very kind words they have given about pendence; and 909, and I join my colleagues in recog- this great piece of legislation, this res- Whereas the Savannah Monument includes nizes the valuable contribution and sig- olution. a statue of a 12-year-old drummer boy, de- nificant sacrifice that Haitians made I think it is very, very important, picting Mr. Henri Christophe, who became a as they joined the fight for American Mr. Speaker, that we come together as leader in Haiti’s Revolution to gain inde- independence over two centuries ago. a country and celebrate the contribu- pendence and renounce slavery: Now, there- In the fall of 1779, over 500 coura- tions of other countries and the roles fore, be it geous men volunteered to cross the Resolved, That the House of Representa- that they played in assisting us not treacherous waters from Haiti to the only with our independence but mak- tives commemorates the courage of the Hai- U.S., to join our soldiers in the Siege of tian soldiers that fought for American inde- ing it concrete. pendence in the ‘‘Siege of Savannah’’ and for Savannah. This was no easy feat; yet Mr. Speaker, as we look at House Haiti’s independence and renunciation of these men were committed to fighting Resolution 909, I want to give my sin- slavery. for America’s liberty and independ- cere thanks to the Committee on For- The SPEAKER pro tempore. Pursu- ence. eign Affairs for bringing this resolution ant to the rule, the gentleman from Representing the largest contingent to the floor, and especially shed light of soldiers of African descent to fight American Samoa (Mr. FALEOMAVAEGA) on Chairman LANTOS for his forward- and the gentleman from Arkansas (Mr. in the American Revolution, these Hai- leaning and making sure that this reso- tian troops bravely joined in our ef- BOOZMAN) each will control 20 minutes. lution made it through the process. forts, forging the friendship between The Chair recognizes the gentleman And he will be forever missed here in the U.S. and Haiti that has only from American Samoa. this body. And hopefully his memory strengthened in the centuries that fol- GENERAL LEAVE will continue on, not only on the com- lowed. Mr. FALEOMAVAEGA. Mr. Speaker, Sadly, such courage had a high price. mittee, but here in Congress. I think it is also important that we I ask unanimous consent that all Mem- More than 300 Haitians lost their lives pause to not only thank staff but also bers may have 5 legislative days to re- in this battle. Last year, a monument thank Haitian Americans throughout vise and extend their remarks and to to this glorious sacrifice was erected in include extraneous material on the res- Savannah, Georgia. The collaborative this country that have fought very olution under consideration. efforts of local officials in Georgia and hard on behalf of this country, not only The SPEAKER pro tempore. Is there the Haitian American Historical Soci- in Iraq, Afghanistan, and other thea- objection to the request of the gen- ety of Miami guided this project to ters, but have contributed in many tleman from American Samoa? completion. other areas. And that is where this bill There was no objection. Today, the Savannah monument came about. Mr. FALEOMAVAEGA. Mr. Speaker, stands as a tribute to those individual The Haitian American Historical So- I rise in strong support of this resolu- foreign volunteers who joined in the ciety in Miami, Florida, moved forth tion and yield myself such time as I American Revolution and commemo- with a monument in Savannah of the may consume. rates the historic bond between the great battle, and I had an opportunity First, I would like to thank the chief U.S. and Haiti. to go there recently. And there are a sponsor, my good friend and colleague, H. Res. 909 further commemorates number of Haitians and those that care the gentleman from Florida (Mr. Haiti’s own struggle for independence about the well-being of Haiti that MEEK), for his introduction of this res- and renunciation of slavery. What wanted to make sure that the contribu- olution, which commemorates the began as a slave revolt in 1791 ended tions of these soldiers were recognized courage of the Haitian soldiers who with Haiti’s own independence in 1804. in a way that will be able to allow not fought alongside our Revolutionary And Haiti was the first nation in the only this generation but future genera- soldiers for gaining independence from Western Hemisphere to form a govern- tions to understand Haiti’s contribu- Great Britain. ment led by the people of African de- tions. House Resolution 909 also recognizes scent and, remarkably, it was also the When you start talking about 500 the establishment of the Haitian Me- first nation in the Western Hemisphere freed Haitian slaves traveling to Sa- morial Monument, which celebrates to renounce slavery. vannah, Georgia, to be a part of a mul- the historical bond between the good For this reason, I am proud to stand tinational force to fight on behalf of people of Haiti and the United States, with my congressional colleagues in this country against the Brits at that and demonstrates the significance of calling for the passage of this impor- particular time, and to be in the same our Haitian American community. tant resolution. Yet we must also rec- city where you had people who look Mr. Speaker, the Haitian Memorial ognize that there is more to be done. like me that were enslaved, and trav- Monument, designed by the Haitian- Despite Haiti’s early and historic eling to Savannah is a very moving ex- Canadian sculptor Gregroire Anocles, commitment to democracy, the coun- perience for every American, because represents the war effort at the Siege try continues to languish under the op- so many battles have taken place there of Savannah in the year 1779. pression of extreme poverty, disease, and it is such a historical and beautiful Haiti’s involvement in the fight for and violence. As a significant partner city that you can’t help but pause to America’s independence some 226 years in the region, the U.S. must remain not think about the courage. ago is a source of national pride for only cognizant of Haiti’s progress but So for us to be on the floor, Mr. many Haitians, and it is long overdue also engaged in its development. We Speaker and Members, to not only talk that we attach the proper importance cannot be fully successful as a hemi- but to pass, hopefully, this resolution to this Haitian participation. sphere without Haiti fulfilling its po- will be the first time in the history of After returning home, Haitian vet- tential as a strong and vibrant nation. the Republic that we have actually erans of the Revolutionary War led I want to thank the gentleman from said thank you to Haiti, that we have their own rebellion and revolution Florida (Mr. MEEK) for introducing H. said thank you to the families of the against French colonialism, and even- Res. 909 and am proud to join in the 300 to 500 troops that actually traveled tually received independence from commemoration of such courageous in- to Savannah to fight on our behalf. I France in the year 1804. Mr. Speaker, dividuals. don’t believe it is too late, but I think in becoming independent, Haiti became Mr. Speaker, I reserve the balance of that it is very appropriate for us to be the first free country in the Western my time. on the floor and allow the Members to Hemisphere led entirely by people of Mr. FALEOMAVAEGA. Mr. Speaker, show their appreciation for their con- African descent. it is with pleasure that I yield such tributions.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H836 CONGRESSIONAL RECORD — HOUSE February 12, 2008 As we celebrate not only the con- only the contributions of Haitians to- we fight against the extensive poverty tributions of these soldiers but we also wards the United States, but also that exists now today, as we try to as- shed light with our Members and Americans returning not only the favor sist them in building their democratic Americans about the contributions but the goodwill back to the great government, as we try to reemphasize that Haitians have made, I think, as we country of Haiti. a friendship between the United States look at this debate and we look at With that, Mr. Speaker, I urge the and Haiti, and in essence apologize for what we are doing for Haiti right now, Members to vote in the affirmative on some of the interventions that could be we must bring Americans up to speed House Resolution 909. considered coups that resulted from on the history. The fact that these policies utilized in this country. b 1545 freed slaves came to Savannah and I would say this is a very important fought, and the fact that Haiti was one Mr. BOOZMAN. Mr. Speaker, I appre- statement that again reinforces the re- of the first countries to denounce slav- ciate the gentleman from Florida’s lationship and again talks about the ery and to fight for their own independ- hard work and thoughtfulness in bring- bravery of these Haitian soldiers. ence, to fight Napoleon that pushed ing this bill before the House, and I At a time when we are engaged in a him to carry out the Louisiana Pur- continue to reserve the balance of my global war on terror, joined by our chase with the United States of Amer- time. friends and allies, it is imperative that ica, these Haitian fighters traveled Mr. FALEOMAVAEGA. Mr. Speaker, we recognize the service and dedication throughout the Western Hemisphere I yield 3 minutes to the gentlewoman provided in the past by foreign coun- and played a very strong role in allow- from Texas (Ms. JACKSON-LEE). tries like Haiti. ing the United States to be who we are. Ms. JACKSON-LEE of Texas. Mr. Mr. Speaker, I close my words by So when we start talking about as- Speaker, I thank the distinguished congratulating Mr. MEEK again for this sistance for Haiti, it is not like it is a member of the Foreign Affairs Com- outstanding legislation; but more im- one-way street; it is a two-way street. mittee, and I join him as a fellow mem- portantly, thanking the Haitian peo- And I am proud to represent a con- ber of the Foreign Affairs Committee ple, even though it may be somewhat stituency where we have more Haitians to applaud and congratulate the distin- late. than anywhere else in the United guished gentleman from Florida who Mr. Speaker, I rise today in support of H. States of America, but Haitians has a long history of representing Hai- Res. 909, commemorating the courage of the throughout the diaspora, this will be a tians in Florida, and who has a long Haitian soldiers that fought for American inde- very proud day for them; and I believe history of concern for the Haitian peo- pendence in the ‘‘Siege of Savannah’’ for Hai- it will be a very proud day for them ple both today and in the past. ti’s independence and renunciation of slavery, when we vote in the affirmative. As a member of the Foreign Affairs introduced by my distinguished colleague Con- When we look at the contributions of Committee and one who has traveled to gressman KENDRICK MEEK of Florida. This is Mr. Henry Christopher who fought in Haiti and visited individuals who were to be commended because it helps to educate the American Revolutionary War, to incarcerated because of their beliefs in Americans about the significant contributions use his experience from the first free democracy, this commemoration is im- made by Haitian ancestors. government in the Western Hemi- portant because it reemphasizes the Mr. Speaker, in the early dawn of October sphere, and when we look at what the long-standing friendship between the 9, 1779, there was fought, on the then western outskirts of Savannah, what was unques- Haitian Americans Historical Society United States and the Haitian people. tionably the second bloodiest battle of the has spent a number of years to be able I am saddened by the journey that entire 8 years of the American War for Inde- to not only bring the Haitian American Haitians have had to take over the last pendence. About 750 Haitian freemen fought history to the Congress but to also decade from Baby Doc and the oppres- alongside colonial troops against the British in bring to everyday Americans, I think it sive leadership that they have had in the ‘‘Siege of Savannah’’ on October 9, 1779. is very, very important, Mr. Speaker, past years, and their desire of necessity In a single hour there fell within an area of a that Members share with their con- to flee because of persecution to the few hundred square yards more dead and stituency the contribution of these United States; and then, of course, the wounded than are credited to any other battle- great men, and to be able to make sure double standard between the wet feet/ field in the struggle for American independ- dry feet immigration policies where that we share the history of all com- ence except for Bunker Hill. The valor of those many of them have been treated in a munities that have come to this coun- brave men deserves to be commemorated, discriminatory fashion. try to make us strong. and I am proud to cosponsor this legislation Once again, I want to thank the com- This accolade is long overdue. I honoring their bravery and sacrifice. mittee, and I want to also thank the might acknowledge the fact that this The year before, the city of Savannah, staff that has worked very hard on it. was in the early years of our beginning. Georgia, had been captured by a British expe- I know that we have other Members It was in the dawn of October 9, 1779, ditionary corps under Lieutenant Colonel Ar- that want to speak in affirming the that this battle was fought on the chibald Campbell. On October 9, 1779, there passage of this legislation. But I am western outskirts of Savannah, what was an attempt to retake Savannah from the personally moved because I represent a was unquestionably the second blood- British. The siege itself consisted of a joint ef- number of individuals that, when we iest battle of the entire 8 years of the fort with America, France, and Haiti. This bat- look at immigration policy, when we American War for Independence. Can tle represents the Revolutionary War as an look at aid to Haiti, when we look at we imagine that. These brave soldiers international conflict more than any other en- our interventions when coups have left their soil, many, many miles away gagement of the Revolution. It was the first taken place in Haiti, as recent as the from our land, about 750 Haitian time the French fought alongside the colonial 82nd Airborne, when we look at those freemen fought alongside colonial army. This battle reminds us that the contribu- in the State Department that serve troops against the British in the Siege tion of foreign resources, men, money, and within the Foreign Service and the of Savannah on October 9, 1779. In a material helped lead to the eventual success conditions that they have to work single hour, there fell within the area of the American cause for independence. It is under, when we also look at the Peace of a few hundred square yards more important to provide recognition for the efforts Corps and other organizations like it, dead and wounded than are credited to of Haiti and their role in helping to liberate religious institutions, a number of any other battlefield in the struggle for America from British rule. NGOs, that we call nongovernmental American independence except for At a time in our country when we are en- organizations, and what they do and Bunker Hill. The valor of these brave gaged in a global war on terror, joined by our where they live in the rural parts of men deserve to be commemorated, and friends and allies, it is imperative that we rec- Haiti, providing not only education and I am proud to be a cosponsor of this ognize the service and dedication provided in food; when we look at their contribu- legislation. the past by foreign countries like Haiti. Many tions and we look at the conditions Of course, we know that American of the foreign allied soldiers, including Hai- they have to work under now as Haiti history is intertwined with many brave tians, who sacrificed during the process of struggles with natural disasters and persons from places far and wide. But I America gaining freedom and independence, struggles with hard economic times, think this statement today also ce- have not been recognized for their contribu- this legislation will help enshrine not ments the importance of Haiti today as tions to this Nation. Some were never told,

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 12, 2008 CONGRESSIONAL RECORD — HOUSE H837 ‘‘thank you’’ for helping to better our society a source of great inspiration and pride for all winning an NFL record-breaking 11 straight and contributing to our freedom. Too many Haitians. I am not surprised by the indomitable road games, granting them the title of were forgotten and unrecognized for their dili- spirit of these Haitian soldiers who so coura- ‘‘Road Warriors’’, and in the process became only the second team in NFL history to win gence, commitment and sacrifices. geously defended America’s fight for inde- 3 playoff games and the Super Bowl away As we continue to celebrate the month of pendence. from their home field; February and Black History Month, let us be On October 9, 1779, the soldiers of Chas- Whereas in each round of the playoffs, mindful of the Haitian soldiers and the numer- seurs-Volontaires de Saint Domingue, Haiti, when none of the experts thought they had a ous others of the African diaspora that reserved as the largest unit of soldiers of African chance to win, the Giants and their loyal, nounced slavery and aided in the formation of descent to fight in the Siege of Savannah dedicated, and passionate fans believed they our great Nation. I urge my colleagues to sup- alongside American and French forces. The could accomplish what others declared im- port this resolution honoring the courage of monument in Savannah serves as a tribute to possible; the Haitian soldiers who fought for American the hundreds of Haitian volunteers who took Whereas Tom Coughlin, in his fourth season as head coach of the Giants, has gone to independence and renunciation of slavery . great risk and traveled by sea to fight for the playoffs for 3 straight seasons, and this Mr. BOOZMAN. Again, I appreciate American freedom during the Revolutionary season lead his team, with the help of Defen- the hard work of the gentleman from War. Today, I heartily applaud the Haitian sol- sive Coordinator Steve Spagnuolo, Offensive Florida in bringing this forward. I diers who lost their lives fighting for our coun- Coordinator Kevin Gilbride, and the entire would urge my fellow Congressmen to try. Giants coaching staff, to Super Bowl XLII vote ‘‘yes’’ on this very timely resolu- MR. FALEOMAVAEGA. I yield back and brought the Vince Lombardi Trophy tion, and having no further speakers, I the balance of my time. back to the Meadowlands; yield back the balance of my time. The SPEAKER pro tempore. The Whereas the New York Giants organization Mr. FALEOMAVAEGA. I thank my question is on the motion offered by is one of the most successful in NFL history, the gentleman from American Samoa boasting 15 Hall of Fame players, appearing good friend from Arkansas for manage- in 26 postseasons, winning more than 600 ment of this legislation and commend (Mr. FALEOMAVAEGA) that the House games, 16 NFL divisional championships, and the gentleman from Florida and the suspend the rules and agree to the reso- 7 NFL championships, including remarkable gentlewoman from Texas for their elo- lution, H. Res. 909, as amended. title runs in 1987, 1991, and 2008 (Super Bowls quent statements concerning this legis- The question was taken. XXI, XXV, and XLII) that captivated New lation. The SPEAKER pro tempore. In the York and New Jersey; Mr. PAYNE. Mr. Speaker, I rise in strong opinion of the Chair, two-thirds being Whereas Giants owner and Chief Executive support of H. Res. 909 introduced by Rep- in the affirmative, the ayes have it. Officer John Mara and Executive Vice Presi- dent Steve Tisch have done a remarkable job resentative KENDRICK MEEK of Florida com- Mr. FALEOMAVAEGA. Mr. Speaker, on that I demand the yeas and nays. leading this storied franchise with the assist- memorating the courage of the Haitian sol- ance and dedication of their talented staff; diers that fought for American independence The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- Whereas the New York Giants have played in the Siege of Savannah and for Haiti’s inde- all their home games in the Meadowlands ant to clause 8 of rule XX and the pendence and renunciation of slavery. Sports Complex, located in East Rutherford, H. Res. 909 recognizes the honorable act of Chair’s prior announcement, further New Jersey, since 1976 and have supported the Haitian soldiers of the Chasseurs- proceedings on this motion will be Bergen County and the northern New Jersey Volontaires de Saint Domingue who volun- postponed. and New York areas with community out- f reach projects; and teered to join the fight for American independ- Whereas the entire Giants franchise has ence in the fall of 1779. Already in the fifth CONGRATULATING THE NATIONAL become a model of professionalism, team- year of the American Revolution, Americans FOOTBALL LEAGUE CHAMPION work, and community service in rep- were growing weary of gaining independence NEW YORK GIANTS FOR WINNING resenting the entire New York and New Jer- when the Haitians stepped in. Today, we give SUPER BOWL XLII sey metropolitan area: Now, therefore, be it them our gratitude for their bravery in sending Resolved, That the House of Representa- Mr. BUTTERFIELD. Mr. Speaker, I tives congratulates the National Football over 500 soldiers to aid us in our fight for move to suspend the rules and agree to independence. We also remember and honor League champion New York Giants for win- the resolution (H. Res. 960) congratu- ning Super Bowl XLII and completing one of their sacrifice of over 300 men lost during the lating the National Football League the most impressive seasons in professional Siege of Savannah in October 1779. champion New York Giants for winning sports history. I hold Haiti’s achievements of being the Super Bowl XLII and completing one of The SPEAKER pro tempore. Pursu- world’s first black-led republic and the first the most remarkable postseason runs ant to the rule, the gentleman from Caribbean state to achieve independence in in professional sports history. North Carolina (Mr. BUTTERFIELD) and high esteem. However, Haiti continues to The Clerk read the title of the resolu- the gentleman from Connecticut (Mr. struggle against poverty and instability. This is tion. SHAYS) each will control 20 minutes. why we need to commemorate the landmark The text of the resolution is as fol- The Chair recognizes the gentleman of the brave actions of the 500 Haitians who lows: from North Carolina. fought alongside Americans for our freedom. H. RES. 960 It is important that we honor the progress of GENERAL LEAVE Whereas on February 3, 2008, in Glendale, states in the 21st century continuing the fight Mr. BUTTERFIELD. Mr. Speaker, I Arizona, the New York Giants achieved the ask unanimous consent that all Mem- against racially driven injustice. I would like to improbable and upset the previously mention that H.R. 3432, which I introduced in undefeated New England Patriots by a score bers may have 5 legislative days in August 2007, was signed into law by the of 17 to 14 in Super Bowl XLII to win the Na- which to revise and extend their re- President last week on February 5, 2008. This tional Football League (NFL) Championship; marks. bill called for the establishment of the commis- Whereas during the 2007–2008 post season, The SPEAKER pro tempore. Is there sion on the abolition of the transatlantic slave the Giants were the epitome of determina- objection to the request of the gen- trade. tion, fortitude, and resiliency as they made tleman from North Carolina? As Haiti still struggles to find her own model their way through the playoffs and ulti- There was no objection. mately triumphed over the previously Mr. BUTTERFIELD. Mr. Speaker, I of peace and liberty, we extend our support by undefeated New England Patriots, who were commemorating the loyalty of Haitians to the favored by 12 points to win the championship am pleased to join my colleagues today U.S. Haitians played a vital role in America’s game; in the consideration of H. Res. 960, path to independence and freedom. Whereas quarterback Elisha Nelson ‘‘Eli’’ which provides for the recognition of Mr. CONYERS. Mr. Speaker, I rise tonight Manning, who had 19 completions for 255 the National Football League cham- in support of H. Res. 909 ‘‘Commemorating yards and 2 touchdowns, was selected as the pion New York Giants for winning the Courage of the Haitian Soldiers That Most Valuable Player of Super Bowl XLII; Super Bowl XLII and for completing Fought for American Independence in the Whereas the New York Giants’ win over one of the most remarkable postseason the New England Patriots was the most- runs in professional sports history. Siege of Savannah and for Haiti’s Independ- watched Super Bowl ever, with 97,500,000 ence and Renunciation of Slavery.’’ viewers, making it the second most viewed On Super Bowl Sunday, I was in Co- This resolution highlights the heroism dis- American broadcast in television history; lumbus, Georgia. And when I realized played by 900 Haitian soldiers in Savannah Whereas the Giants achieved one of the that my flight was scheduled at the during the American Revolutionary War and is most remarkable feats in sports history by very same time as the Super Bowl, I

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H838 CONGRESSIONAL RECORD — HOUSE February 12, 2008 cancelled my return and had the privi- held the Pats to a season low of 274 utes to the gentleman from New Jersey lege of watching this extraordinary yards. (Mr. PASCRELL). game at the home of my good friend, So what was revealed of the char- Mr. PASCRELL. Mr. Speaker, today Congressman SANFORD BISHOP. acter of these Giants? That they ig- I rise to congratulate the football Gi- Mr. Speaker, H. Res. 960 was intro- nored the conventional wisdom which ants on their improbable and inspira- duced by Representative STEVE ROTH- didn’t give them a chance, that they tional Super Bowl victory. House Reso- MAN of New Jersey, and it has the sup- found in each other the strength to do lution 960, I’m sure, will get tremen- port and cosponsorship of 60 Members what they couldn’t have done any dous support here. of Congress. other way, take down the ‘‘next big On any list of the most memorable Mr. Speaker, it is only fitting that thing’’ in the biggest game of the year. moments in sports history, the word we consider this resolution today as it Thanks, Giants, for showing us what is ‘‘underdog’’ often makes an appear- highlights and expresses our com- possible when we don’t take ‘‘no’’ for ance. We always seem to remember the memoration of one of sporting his- an answer. team that overcame adversity, and we tory’s most exciting wins which oc- Mr. Speaker, I reserve the balance of always remember the team that over- curred on February 3, 2008, when the my time. came doubt to steal victory from the New York Giants battled back from be- Mr. BUTTERFIELD. Mr. Speaker, at grasp of a supposedly superior oppo- this time I yield 5 minutes to the gen- hind to beat the undefeated New Eng- nent in the last second, against all tleman from New Jersey (Mr. ROTH- land Patriots by a score of 17–14 to cap- odds, and against all predictions. MAN), the sponsor of this great legisla- In some ways, we can all see our- ture the NFL’s coveted Lombardi Tro- tion and a good friend of all of us. selves as underdogs. Sometimes, no phy. Mr. ROTHMAN. Mr. Speaker, I rise matter what you do, how hard you try, Super Bowl XLII and the persever- today in support of H. Res. 960, legisla- it can feel like the whole world is root- ance of the New York Giants to become tion to congratulate the New York Gi- ing for the other team and the other only the second team in football his- ants for winning Super Bowl XLII and guy. There are lessons here of persever- tory to go from NFC wild card con- completing one of the greatest upsets ance. Whether you are a candidate, tender to NFL champion will undoubt- in professional sports history. whether you are a Congressman, edly go down in the record books. I introduced this resolution because I whether you are a truck driver is im- For this accomplishment, we stand am so proud of this team that plays at material. to commend the New York Giants fran- Giants Stadium in the New Jersey Maybe this is why the Giants’ upset chise, players, coaches, and all of the Meadowlands in East Rutherford, New over the heavily favored New England supportive fans from across the world Jersey. My constituents and I are so Patriots resonates so strongly with the on a job well done. I urge the passage honored that we have a Super Bowl American people and is sure to be re- of this measure. champion back in our region. membered as one of the greatest vic- Mr. Speaker, I reserve the balance of On Sunday, February 3, in Glendale, tories in the history of the National my time. Arizona, the New York football Giants Football League. Mr. SHAYS. Mr. Speaker, this is achieved the highly improbable by At the start of the playoffs, no one great fun. beating the previously undefeated New believed the Giants would defeat the Mr. Speaker, I rise today in support England Patriots. The score was 17–14, Dallas Cowboys, their flashy division of H. Res. 960 congratulating the New and they went on to win Super Bowl rivals who had beaten them twice dur- York Giants for their 17–14 victory over XLII. ing the regular season, but they did. the New England Patriots in Super The game was the most watched No one believed that the Giants Bowl XLII. Super Bowl ever with nearly 100 mil- would defeat the great Green Bay It was a second straight Super Bowl lion viewers tuning in to make it the Packers; but on the frozen tundra of victory for the first family of football, second-most viewed American tele- Lambeau Field, and against a living the Mannings. Peyton Manning led the vision broadcast in history. legend, they prevailed. Indianapolis Colts to the title last I offer this resolution to honor the And no one believed the Giants could year, and his younger brother, Eli, entire Giants organization on their in- compete with New England. The Patri- threw two touchdown passes to lead credible season and on their win. Spe- ots were the team of destiny. Man, the Giants to victory this year and cifically, I would like to congratulate we’ve heard that on this floor about a claim the Most Valuable Player award, Giants owner and chief executive offi- lot of things. They had the perfect like his brother. cer John Mara; executive vice presi- team, the perfect season to complete. Their father, Archie, of course, was a dent Steve Tisch; head coach Tom Only God is perfect, Mr. Speaker. great pro quarterback himself, spend- Coughlin; defensive coordinator Steve Only God. ing most of his career with the New Or- Spagnuolo; offensive coordinator Kevin No one but the Big Blue faithful be- leans Saints. Gilbride, and all of the Giants players lieved the Giants had a chance to win John Wooden, the greater former and support staff on a job very well that night. But history is known to repeat itself, UCLA basketball coach, said sports done. and the history of sports is full of great don’t build character, they reveal it. The entire Giants franchise has been a model of professionalism, teamwork, upsets, victorious underdogs, from the So what does this victory say about the miracle on the ice, to Buster Douglas, New York Giants? It says they are a re- and community service in representing the New York-New Jersey metropoli- to Joe Namath. And now, in the same silient bunch, entering the playoffs as breath, we can say the 2007 football Gi- the number five seed in a six-team NFC tan area. Their Super Bowl triumph shows ants. field, then defeating a Dallas team who Who will ever be able to forget the al- had beaten them twice in the regular that no matter what the odds, a group of determined underdogs can take on a most supernatural catch made by season and a Green Bay team in arctic Wayne, New Jersey, resident David conditions to reach the big game. dynasty and emerge victorious. This time, the team that slew Goliath were Tyree? Born in Montclair, went to There, they stymied an offense that schools there. Indeed, it was this grad- had scored more points, gained more Giants themselves. I urge my colleagues to join me in uate from New Jersey’s Montclair High yards, and won more games in a season supporting House Resolution 960 and in who caught a not-to-be-believed 32- than any team in NFL history. They congratulating the New York football yard pass from Eli Manning that kept did it by keeping that offense off the Giants for their outstanding season the winning drive alive with only 59 field. New York owned the ball for and remarkable win in Super Bowl seconds left. nearly 20 of the first 30 minutes. They XLII. As the final seconds ticked off the did it with new heroes such as David Mr. SHAYS. Mr. Speaker, I reserve game clock, the emotions and excite- Tyree, who scored the go-ahead touch- the balance of my time. ment were immeasurable. But it was a down. He had never caught a touch- bittersweet moment for me. I wished down pass in the NFL before. And they b 1600 my friend and fellow Fordham alum- did it with seasoned vets such as Mi- Mr. BUTTERFIELD. Mr. Speaker, at nus, Wellington Mara, the Giants late chael Strahan who led a defense that this time I am pleased to yield 4 min- owner, was alive to witness it.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 12, 2008 CONGRESSIONAL RECORD — HOUSE H839 I congratulate the owners, the coach- of the United States Postal Service lo- City. He was one of the first African es and players of the Giants on an in- cated at 1704 Weeksville Road in Eliza- Americans to run for the city council credible season and a historic cham- beth City, North Carolina, as the ‘‘Dr. in Elizabeth City in 1957 and was de- pionship. I wish them the best of luck Clifford Bell Jones, Sr. Post Office’’. feated by only 28 votes. Later, in the defending their title next year. The Clerk read the title of the bill. 1960s, Dr. Jones was appointed to serve Mr. SHAYS. Mr. Speaker, I don’t The text of the bill is as follows: on the Elizabeth City-Pasquotank have any speakers at this time, except H.R. 3468 County School Board. He served as a I would have liked to have asked unan- Be it enacted by the Senate and House of Rep- deacon at the Cornerstone Missionary imous consent that former Congress- resentatives of the United States of America in Baptist Church in Elizabeth City, and man ROGER WICKER, who was a House Congress assembled, as a member of the Board of Trustees Member who was sitting here, could SECTION 1. DR. CLIFFORD BELL JONES, SR. POST of the Museum of the Albemarle. He speak; but given now he’s a Senator, I OFFICE. was a proud trustee emeritus of Eliza- don’t think you would have found that (a) DESIGNATION.—The facility of the beth City State University. United States Postal Service located at 1704 in order. But what he said to me was Weeksville Road in Elizabeth City, North As I said a moment ago, a veteran of how proud he is that Archie Manning, Carolina, shall be known and designated as World War I, he was a member of who was his classmate at Ole Miss, had the ‘‘Dr. Clifford Bell Jones, Sr. Post Office’’. American Legion Post 223. these two remarkable sons in Eli and (b) REFERENCES.—Any reference in a law, Dr. Jones was a member, as was my Peyton, and he thinks it reflects well, map, regulation, document, paper, or other father, of Phi Beta Sigma Fraternity, I think, on Ole Miss, and certainly on record of the United States to the facility re- and was a 32-degree Mason. his dad. ferred to in subsection (a) shall be deemed to Dr. Jones was a member of numerous But I’d also like to express some- be a reference to the ‘‘Dr. Clifford Bell Jones, professional organizations that in- Sr. Post Office’’. thing else. For those of us who are not cluded the Eastern North Carolina the sports fans that others may be, it The SPEAKER pro tempore. Pursu- Medical, Dental and Pharmaceutical was a tremendously proud moment for ant to the rule, the gentleman from Society, and the North Carolina Dental us to see the New York Giants put North Carolina (Mr. BUTTERFIELD) and Society, among others. their best team forward in the last the gentleman from Connecticut (Mr. Dr. Jones was the recipient of several game of the season against the New SHAYS) each will control 20 minutes. awards and honors throughout his pro- England Patriots when the outcome of The Chair recognizes the gentleman fessional career. He received the the game didn’t matter to New York, from North Carolina. Meharry Medical College President’s but it mattered to people like me and GENERAL LEAVE Award for Service to Mankind. I ac- others who feel that the obligation of Mr. BUTTERFIELD. Mr. Speaker, I companied Dr. Jones and my father pro sports is to always play their best ask unanimous consent that all Mem- back to Meharry for their 50th reunion and always put their best team for- bers may have 5 legislative days in in 1977. It was a great occasion. ward. And I think that remarkable which to revise and extend their re- Twice Dr. Jones was awarded the game which they almost won led ulti- marks. Delta Iota Chapter of Omega Psi Phi mately to the remarkable games that The SPEAKER pro tempore. Is there Fraternity’s Certificate of Honor, and followed and to their ultimate victory. objection to the request of the gen- I’m sure the Speaker would take great This is a kick. This was a game that tleman from North Carolina? pride in that, as the Speaker of the I’ll remember the rest of my life be- There was no objection. House today, the acting Speaker, is an cause it had so much to do about char- Mr. BUTTERFIELD. Mr. Speaker, Omega, for exceptional service to the acter. I’m pleased to join my colleagues today citizens of northeastern North Carolina Mr. Speaker, I yield back the balance in the consideration of H.R. 3468, which in the field of dentistry. of my time. seeks to name a postal facility on the He was awarded a certificate of ap- Mr. BUTTERFIELD. Mr. Speaker, I campus of Elizabeth City State Univer- preciation from the City Council of don’t have any additional speakers at sity in Elizabeth City, North Carolina, Elizabeth City for his invaluable serv- this time. It’s just obvious that we after a great American, Dr. Clifford ices on the city’s human relations com- have some Members on this floor today Bell Jones, Sr. Mr. Speaker, this bill mittee. who are very proud of the New York has the support of the entire North Dr. Jones dedicated the better part of Giants. Carolina delegation. his 99 years serving mankind in his Thank you very much for the time. I Dr. Clifford Bell Jones, Sr., was born profession and through his community yield back the balance of my time as in Washington County, North Carolina, and involvement. well. a very rural part of my congressional Sadly, Dr. Clifford Bell Jones, Sr., The SPEAKER pro tempore (Mr. district. He and his family relocated to passed away several years ago and JACKSON of Illinois). The question is on Virginia, and Dr. Jones spent his form- leaves a rich history. the motion offered by the gentleman ative years in Hampton. Later he at- Mr. Speaker, I want to thank Dr. from North Carolina (Mr. tended Lutheran College in Greens- Jones for his outstanding service to my BUTTERFIELD) that the House suspend boro, North Carolina. In 1923, Dr. Jones home State of North Carolina and to the rules and agree to the resolution, received a Bachelor of Science degree our country. H. Res. 960. from the great Shaw University in Ra- I urge my colleagues to vote ‘‘aye’’ The question was taken. leigh, North Carolina; and Dr. Jones on H.R. 3468. The SPEAKER pro tempore. In the earned a Doctor of Dental Surgery de- Mr. Speaker, I reserve the balance of opinion of the Chair, two-thirds being gree in 1927 from the historic Meharry my time. in the affirmative, the ayes have it. Medical College in Nashville, Ten- Mr. SHAYS. Mr. Speaker, I rise Mr. BUTTERFIELD. Mr. Speaker, on nessee. Shortly after being awarded his today to urge the passing of this bill that I demand the yeas and nays. dental degree, Dr. Jones began his pro- designating the post office in Elizabeth The yeas and nays were ordered. fessional life in Elizabeth City, North City, North Carolina, as the Dr. The SPEAKER pro tempore. Pursu- Carolina, where he practiced general Clifford Bell Jones, Sr. Post Office. ant to clause 8 of rule XX and the dentistry for 66 years. Dr. Jones led an honorable life serv- Chair’s prior announcement, further Mr. Speaker, I am particularly proud ing his country, profession, and com- proceedings on this motion will be to sponsor this legislation because my munity with dignity for well over half postponed. father and Dr. Jones were very close a century. f friends. They were classmates at Shaw. A veteran of World War I, Dr. Jones They were classmates at Meharry, and returned home to earn his bachelor of DR. CLIFFORD BELL JONES, SR. they fought together in World War I science from Shaw University and ulti- POST OFFICE and spent their lifetimes in service to mately his doctorate of dental surgery Mr. BUTTERFIELD. Mr. Speaker, I their community. from Meharry Medical College Dental move to suspend the rules and pass the Dr. Jones participated in many local School in 1927. He began his profes- bill (H.R. 3468) to designate the facility and community activities in Elizabeth sional career in Elizabeth City, North

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H840 CONGRESSIONAL RECORD — HOUSE February 12, 2008 Carolina, and found himself at home. The SPEAKER pro tempore. Pursu- vate Millican was off duty in a commu- He practiced general dentistry there ant to the rule, the gentleman from nications room talking with his wife, for 66 years. North Carolina (Mr. BUTTERFIELD) and Shannon, when an attack started. The Outside of the office, he remained ex- the gentleman from Connecticut (Mr. attackers fired several rounds and a tremely active in his community. With SHAYS) each will control 20 minutes. grenade into the room, and tragically, the encouragement of other council The Chair recognizes the gentleman he and four fellow officers lost their members, including the father of Mr. from North Carolina. lives. Private Millican had been in Iraq BUTTERFIELD, Dr. Jones ran for city GENERAL LEAVE for just 3 months. council in 1957. He was defeated by just Mr. BUTTERFIELD. Mr. Speaker, I Family and friends will forever re- 28 votes. Though he did not win the ask unanimous consent that all Mem- member Johnathon Millican’s dedica- seat, he was one of the first African bers may have 5 legislative days in tion to the cause of freedom and his Americans to run for city council. which to revise and extend their re- commitment to bringing that cher- In the 1960s, Dr. Jones served on the marks. ished freedom to the people around the Elizabeth City-Pasquotank County The SPEAKER pro tempore. Is there world where he served. It is with grati- School Board and as deacon at his objection to the request of the gen- tude for his bravery and sacrifice and church. tleman from North Carolina? for the sacrifice of those who loved him Throughout his life, Dr. Jones’ con- There was no objection. that I ask all Members to join me in tributions were recognized by those naming the Lula, Georgia, postal facil- b 1615 whom he touched. Among his many ity located on McLeod Street in his honors he received the Meharry Med- Mr. BUTTERFIELD. Mr. Speaker, honor. ical College President’s Award for I’m pleased to join my colleagues today Mr. Speaker, I reserve the balance of Service to Mankind and a special rec- in the consideration of H.R. 3532 which my time. ognition award for loyalty and service seeks to name a postal facility in Lula, Mr. BUTTERFIELD. Mr. Speaker, I to the dental profession from the Old Georgia, after Private Johnathon don’t have any additional speakers. I North State Dental Society. Millican, a distinguished and heroic will reserve the balance of my time. Though not a native, Elizabeth City American serviceman. Mr. SHAYS. Mr. Speaker, at this lost one of their own when Dr. Jones H.R. 3532, which was introduced by time it is my privilege to recognize the passed away in 1995 at the age of 99. Representative DEAL of Georgia, was very distinguished Member from Geor- I’m happy to rise today in support of introduced on September 14, 2007, and gia (Mr. DEAL) for as much time as he this legislation honoring a dedicated was considered and reported by the would consume. professional, a wonderful human being, Oversight Committee on January 29, Mr. DEAL of Georgia. Mr. Speaker, I and a symbol of this community. 2008, by a voice vote. rise today to honor the memory of Mr. Speaker, I yield back the balance This measure has the support of the Army Private First Class Johnathon of my time. entire congressional delegation from Miles Millican, dedicating the United Mr. BUTTERFIELD. Mr. Speaker, I the State of Georgia and provides us States Post Office located in Lula, thank the gentleman for his kind with yet another opportunity to pay Georgia, as the ‘‘Private Johnathon words. tribute to a member of our country’s Millican Lula Post Office.’’ I yield back the balance of my time. armed service. Twenty-year-old Private First Class The SPEAKER pro tempore. The Johnathon Millican served his coun- Johnathon Millican, a Hall County, question is on the motion offered by try proudly as a member of an airborne Georgia, native, was killed by insur- the gentleman from North Carolina artillery brigade based out of Fort gents in Iraq while conducting a dis- (Mr. BUTTERFIELD) that the House sus- Richardson in Anchorage, Alaska, mounted operation in Karbala on Janu- pend the rules and pass the bill, H.R. where I was a few weeks ago, and it is ary 20, 2007. Private First Class 3468. very cold out there, Mr. Speaker. Millican was off duty in a communica- The question was taken; and (two- Private Millican gave his life in his tions room talking with his wife when thirds being in the affirmative) the service to our country when, on Janu- the attackers fired several rounds into rules were suspended and the bill was ary 20, 2007, his unit was attacked by the room with an AK–47 and one of passed. enemy insurgents in Karbala, Iraq. them tossed in a concussion grenade. A motion to reconsider was laid on While Private Millican was only 20 Courageously, he covered the grenade the table. years old when he lost his life in the with his body, attempting to protect f line of duty, his service and faithful his comrades from the enemy intru- PRIVATE JOHNATHON MILLICAN commitment to preserving the liberties sion. Private First Class Johnathon LULA POST OFFICE and freedoms on which our Nation is Millican was later awarded the Silver built are sure to live on forever. Star Medal of Honor for his courage, Mr. BUTTERFIELD. Mr. Speaker, I Mr. Speaker, let’s remember and pay valor, and dedication for his fellow sol- move to suspend the rules and pass the tribute to the ultimate sacrifice made diers. bill (H.R. 3532) to designate the facility by Private Millican. I urge the swift Johnathon Millican had attended of the United States Postal Service lo- passage of this bill. Lula Elementary, East Hall Middle cated at 5815 McLeod Street in Lula, Mr. Speaker, I reserve the balance of School, and East Hall High school in Georgia, as the ‘‘Private Johnathon my time. my home County of Hall. While in high Millican Lula Post Office’’. Mr. SHAYS. Mr. Speaker, a mere 20 school, Johnathon was active in the The Clerk read the title of the bill. years old, Private First Class community, working the concessions The text of the bill is as follows: Johnathon Millican of Trafford, Ala- stand at the community ballpark and H.R. 3532 bama, displayed wisdom beyond his coaching a 5-year-old T-Ball team. Be it enacted by the Senate and House of Rep- years when he once said, ‘‘You don’t After graduating from high school in resentatives of the United States of America in have to love the war, but you have to 2005, he moved to Locust Grove, Ala- Congress assembled, love the warrior.’’ bama, before enlisting in the Army. SECTION 1. PRIVATE JOHNATHON MILLICAN LULA POST OFFICE. It is an honor for me to speak today Johnathon was a member of the 377th (a) DESIGNATION.—The facility of the about Private Millican, a true Amer- Parachute Field Artillery Regiment United States Postal Service located at 5815 ican hero who epitomizes bravery and from Fort Richardson, Alaska. McLeod Street in Lula, Georgia, shall be loyalty to his country and fellow com- Johnathon Millican left behind his known and designated as the ‘‘Private rades. wife, Shannon; his parents, Mitchell Johnathon Millican Lula Post Office’’. Soon after graduating high school in and Angie Millican; and Mary and Ron- (b) REFERENCES.—Any reference in a law, 2005, Johnathon Millican enlisted into map, regulation, document, paper, or other ald Lykins and sisters, Amber’le, Ash- record of the United States to the facility re- the Army and was assigned to the 377th ley, and Amanda. ferred to in subsection (a) shall be deemed to Parachute Field Artillery Regiment Mr. Speaker, I’m proud to rise today be a reference to the ‘‘Private Johnathon from Fort Richardson, Alaska. In to pay tribute to this courageous Millican Lula Post Office’’. Karbala, Iraq, on January 20, 2007, Pri- young man and to join my constituents

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 12, 2008 CONGRESSIONAL RECORD — HOUSE H841 of Lula, Georgia, in naming the ‘‘Pri- in which Johnathon’s wife and father were pre- er. There is a difference between fame and vate Johnathon Millican Post Office.’’ sented with his posthumous Silver Star award. worthy accomplishment. This honor will serve as a lasting re- Johnathon’s actions during the raid on The reason we need to tell Johnathon’s minder of the true recognition that is story is so people, especially our young men Karbala on January 20, 2007 are the embodi- and women and boys and girls, do understand deserving of a fallen hometown hero ment of the scriptural passage that says there the difference between celebrity and her- who sacrificed his life to save the lives is no greater love for a man than to lay down oism. The students who go past the memo- of his fellow soldiers. his life for his friends. His valor saved the lives rial here at Locust Fork High School will Mr. Speaker, I include for the of his fellow soldiers, and he died defending know that a real hero walked their halls. RECORD a copy of the letter from Mr. freedom. To conclude, a passage from Corinthians Milton Turner, the Mayor of the City At this time, allow me to introduce the re- (16:13) is appropriate for Johnathon and all of of Lula, requesting that this post office marks I made during the ceremony into the the soldiers who protect us. It reads: ‘‘Be on your guard, stand firm in the faith, be named the ‘‘Private Johnathon RECORD. be men of courage, be strong.’’ Millican Lula Post Office.’’ The actions of Johnathon Millican embody These words apply perfectly to Johnathon, CITY OF LULA, the same scriptural passage that we’ve heard and why he is deserving of the Silver Star Lula, GA, August 20, 2007. at funerals of many of our veterans. It is: being presented to his family today. Greater love has no man than this, that one Subject: Consideration of Honorarium for Mr. BUTTERFIELD. Mr. Speaker, I PFC Johnathon Millican. lay down his life for his friends. Johnathon’s life was short, but his legacy don’t have any additional speakers. I Congressman NATHAN DEAL, will stand. yield back the balance of my time. Wachovia Center, Jesse Jewell Parkway, His father shared with me a conversation Mr. SHAYS. I yield back the balance Gainesville, GA. he had with Johnathon just before he grad- DEAR CONGRESSMAN DEAL: This letter rep- of my time. resents the request of the City of Lula to uated here. Many of Johnathon’s classmates The SPEAKER pro tempore. The recognize and honor the sacrifice and con- were planning for college. Others had lined question is on the motion offered by tributions made by a local young man, a fall- up a job. Still others were talking about how the gentleman from North Carolina they were going to spend their summers, the en hero, Private First Class Johnathon (Mr. BUTTERFIELD) that the House sus- Millican with the recognition and honor of things they were going to do. Johnathon had already made another deci- pend the rules and pass the bill, H.R. his service and dedication to his country the sion. He was going to enlist in the Army. The 3532. naming of the Lula Post Office located on call to duty to serve his country was strong The question was taken; and (two- McLoud Street. Our 20-year-old young hero in the aftermath of 9/11. (a Hall County Native), was killed by insur- thirds being in the affirmative) the Johnathon knew there would be personal gents in Iraq on Jan. 20, he had covered an rules were suspended and the bill was sacrifices involved. He knew the fight would enemy concussion grenade with his body at- passed. not be easy. In fact, his father reminded him tempting to protect his comrades from the A motion to reconsider was laid on that it could be dangerous. Johnathon ac- enemy intrusion and was one of five U.S. sol- the table. cepted that. But Johnathon believed in the diers killed during the attack in Karbala. f Johnathon had attended Lula Elementary mission. From Iraq, he posted an observation and East Hall Middle School and High School on the Internet which I wish everyone in this JAMAL RASHARD ADDISON POST only recently moving to Locust Grove Ala- country would observe. OFFICE BUILDING The quote is, ‘‘You don’t have to love the bama before enlisting in the Army. Millican war but you have to love the warrior.’’ Mr. BUTTERFIELD. Mr. Speaker, I was a member of the 377th Parachute Field One definition of warrior is ‘‘someone no- Artillery Regiment from Fort Richardson, move to suspend the rules and pass the table strength of spirit.’’ Alaska. bill (H.R. 4203) to designate the facility Johnathon resoundingly demonstrated PFC Millican was off duty in a commu- of the United States Postal Service lo- those qualities this past January 20th, when nications room exchanging e-mails with his insurgents broke into the government com- cated at 3035 Stone Mountain Street in wife when the Jan. 20 attack started. The pound in Karbala. Lithonia, Georgia, as the ‘‘Jamaal attackers fired several rounds into the room I think it is Johnathon’s valor and our con- RaShard Addison Post Office Build- with an AK47 and one of them tossed in a cern for all our young men and women in the ing,’’ as amended. grenade. In an earlier interview, Mitchell field that brings us together. The Silver Star Millican told The Birmingham News his son The Clerk read the title of the bill. Award has given each and every one of us an was on one knee facing the door ‘‘ready to The text of the bill is as follows: opportunity to thank Johnathon and his shoot’’ at that point and ‘‘He could just as H.R. 4203 family in a tangible way for his service and easily have jumped behind a desk or ducked Be it enacted by the Senate and House of Rep- his courage. I very much appreciate each and down or whatever, but he chose to cover the resentatives of the United States of America in every one of you who have come out this grenade’’ Mitchell Millican said ‘‘and, to me, Congress assembled, morning to show your love, your compas- that shows character’’. sion, and your gratitude to Johnathon and SECTION 1. SPECIALIST JAMAAL RASHARD We know of your commitment to our serv- ADDISON POST OFFICE BUILDING. ice men and woman and know how moved his family. It’s a struggle to find the right words at a (a) DESIGNATION.—The facility of the you were at his loss; this honor would help to United States Postal Service located at 3035 establish the true recognition deserving of a time like this. I think it’s best to go to the soldiers in the field. Let me read from the Stone Mountain Street in Lithonia, Georgia, fallen hero. Also we would encourage your shall be known and designated as the ‘‘Spe- efforts to move forward the campaign to email sent to me this week from Iraq by Cap- tain Tom Morris, who was Johnathon’s com- cialist Jamaal RaShard Addison Post Office have the pentagon award PFC J. Millican Building’’. with the ‘‘Medal of Honor’’ a process which manding officer. ‘‘As a commander of troops in combat, los- (b) REFERENCES.—Any reference in a law, we realize could take months or even years. map, regulation, document, paper, or other Further we hope to have the opportunity ing your soldiers is harder than losing family members. Speaking at Johnathon’s memo- record of the United States to the facility re- in the near future to honor Jonathon’s ferred to in subsection (a) shall be deemed to heroics here in Hall County and depending rial service was the hardest thing I ever had to do. be a reference to the ‘‘Specialist Jamaal on your guidance will await some possible RaShard Addison Post Office Building’’. timetable for suggested dedication. Please ‘‘It brings me great pleasure to know that advise the city of your schedule allowing he is being awarded the Silver Star and that The SPEAKER pro tempore. Pursu- your attendance and participation. there will be a memorial at his high school ant to the rule, the gentleman from Best regards, in his honor. I believe the most important North Carolina (Mr. BUTTERFIELD) and thing to do is to tell his story to those who MAYOR MILTON TURNER. the gentleman from Connecticut (Mr. do not know it, especially those who attend SHAYS) each will control 20 minutes. Mr. BACHUS. Mr. Speaker, it is my honor to his school. express my full support for H.R. 3532, naming ‘‘I will always remember him, especially The Chair recognizes the gentleman the Federal post office in Lula, Georgia, in his deep southern accent and that he was a from North Carolina. honor of PFC Johnathon Millican. It is a fitting country boy who was the toughest there was GENERAL LEAVE tribute to a brave solider. and that nothing really bothered him. I can Mr. BUTTERFIELD. Mr. Speaker, I This recognition from the community where only hope that I can be as strong, both men- ask unanimous consent that all Mem- Johnathon spent his boyhood comes in addi- tally and physically, as he was. bers have 5 legislative days in which to ‘‘He will be missed, but never forgotten. He tion to the inspiring ceremony held last July 28 was my soldier, friend, and fellow para- revise and extend their remarks. at Locust Fork High School in Alabama, where trooper.’’ The SPEAKER pro tempore. Is there Johnathon received his diploma. It was my ‘‘Hero’’ is an overused word these days. It’s objection to the request of the gen- great privilege to participate in the ceremony, used to describe a TV actor or football play- tleman from North Carolina?

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H842 CONGRESSIONAL RECORD — HOUSE February 12, 2008 There was no objection. band, father, brother, and son, Spe- ultimate price in the Iraq war. Out of Mr. BUTTERFIELD. Mr. Speaker, I cialist Addison was the first Georgian this tragedy, however, has come some am pleased to join my colleagues in the to pay the ultimate sacrifice in Iraq. good in the form of the Jamaal Addison consideration of H.R. 4203, as amended, His determination and caring spirit Motivational Foundation, Inc., founded which names a postal facility in lives on through the Jamaal Addison by Jamaal’s mother, Patricia Roberts. Lithonia, Georgia, after Army Spe- Motivational Foundation, an organiza- The foundation works with young cialist Jamaal Addison, the first sol- tion founded by his mother, Patricia people to offer opportunities for posi- dier from Georgia to lose his life while Roberts, to provide young members of tive growth and to expose youth to the serving in Iraq. the community with the opportunity wide options available to them to lead H.R. 4203, which has the support of to experience ‘‘wide options available successful lives. It offers youth an 8- the entire congressional delegation to them to lead successful lives’’ and to week program designed to motivate, from the State of Georgia, was intro- ‘‘strive to achieve his or her highest teach, and inspire them to develop into duced by my friend, Representative potential.’’ citizens of stature to give back to the Henry ‘‘Hank’’ Johnson, Jr., of the I urge the passage of this bill in community. State of Georgia on November 15, 2007, honor of an ambitious, caring, and I’ve had the pleasure of working with and was considered by and reported dedicated American who sacrificed his Mrs. Roberts and have seen firsthand from the Oversight Committee by voice life while serving his country, a true the tremendous impact that this foun- vote on January 29, 2008. American patriot. dation has had upon our community. Mr. Speaker, the measure before us Mr. Speaker, I yield back the balance Jamaal’s father, Kevin Addison, is a pays tribute to the life and service of of my time. career postal worker; and so renaming Army Specialist Jamaal RaShard Mr. BUTTERFIELD. Mr. Speaker, I this post office is a particularly fitting Addison by renaming the post office in am pleased to yield such time as he tribute to a fine young man who was an his hometown of Lithonia, Georgia, may consume to the gentleman from excellent father as well. after him. the Fourth Congressional District of Specialist Jamaal RaShard Addison A brave member of the 507th Ord- Georgia (Mr. JOHNSON), the author and paid the ultimate price by giving his nance Maintenance Company in Fort sponsor of this legislation, a friend who life in service to his country. He was Bliss, Texas, Army Specialist Jamaal serves on the Armed Services Com- the first of too many Georgians to per- Addison died, unfortunately, on March mittee and the Judiciary Committee. ish in Iraq. This year marks the fifth Mr. JOHNSON of Georgia. Mr. Speak- 23, 2003, as a result of an enemy ambush anniversary of his untimely passing, er, I rise today in support of H.R. 4203, near Nasiriyah, Iraq. Army Specialist and I am very pleased to be able to my bill to designate the facility of the Jamaal Addison was born on October 7, offer this bill in his memory. United States Postal Service located at 1980, in the very town of Lithonia and America’s fallen soldiers are heroes 3035 Stone Mountain Street in spent his entire childhood there until who deserve our enduring support. I Lithonia, Georgia, as the ‘‘Specialist enlisting in the United States Army in ask my colleagues and all Americans Jamaal RaShard Addison Post Office March of 2000. to recognize those who have fallen and Building.’’ those who are currently serving by sup- As we pay tribute to this heroic The war in Iraq continues, and no porting this legislation. American citizen, let’s also take a mo- matter what our differing opinions are Mr. BUTTERFIELD. Mr. Speaker, I ment and recollect on the thousands of on it, it is imperative that we honor yield back the balance of my time. men and women in uniform currently those who have fallen serving our coun- serving abroad in order to protect us The SPEAKER pro tempore. The try. Specialist Jamaal RaShard question is on the motion offered by here at home. Addison was one of the first to meet an Mr. Speaker, I ask that we all proud- the gentleman from North Carolina untimely end, and it is my privilege to ly commemorate both the life and un- (Mr. BUTTERFIELD) that the House sus- stand here today to honor him. pend the rules and pass the bill, H.R. fortunate death of Army Specialist Jamaal was born on October 7, 1980, 4203, as amended. Jamaal Addison by passing H.R. 4203. I to Patricia M. Roberts and Kevin B. want to commend the gentleman from The question was taken; and (two- Addison. He was the first Georgia sol- thirds being in the affirmative) the Georgia (Mr. JOHNSON) for bringing dier to lose his life in the Iraq war. He forth this legislation and getting the rules were suspended and the bill, as is survived by his parents and his 6- amended, was passed. entire delegation to support it. year-old son, Jamaal RaShard Addison, At this time, I reserve the balance of The title was amended so as to read: the 2nd. Jamaal was a lifelong resident ‘‘A bill to designate the facility of the my time. of the Fourth District of Georgia, Mr. SHAYS. Mr. Speaker, I rise United States Postal Service located at which is where I represent, and he was today in support of this bill desig- 3035 Stone Mountain Street in raised in the City of Lithonia for most nating the United States postal facility Lithonia, Georgia, as the ‘Specialist of his life from 1981 to 1998. Jamaal RaShard Addison Post Office located at 3035 Stone Mountain Street He attended Henderson Mill Elemen- Building’.’’ in Lithonia, Georgia as the ‘‘Jamaal tary School, Henderson Middle School, RaShard Addison Post Office Build- A motion to reconsider was laid on and Lakeside High School. Motivated the table. ing.’’ A native of Georgia, Army Spe- by the opportunity to train as a com- cialist Jamaal Addison was a ‘‘quiet, puter technician and to help provide f yet driven young man with a very for his family, Jamaal joined the ROTC SERGEANT JAMIE O. MAUGANS gentle spirit.’’ An honor roll student at Lakeside High School in Decatur, POST OFFICE BUILDING and member of the Junior ROTC, Georgia, in 2000. Mr. BUTTERFIELD. Mr. Speaker, I Jamaal graduated from Lakeside High After enlisting in the United States School in Tucker, Georgia, in 1998. move to suspend the rules and pass the Army, Jamaal completed his basic bill (H.R. 5135) to designate the facility His love of video games fostered a training at Fort Benning and also at passion for computers. Driven by his of the United States Postal Service lo- Fort Gordon in Georgia before serving cated at 201 West Greenway Street in desire to start his own computer busi- a year in Korea. As a member of the ness, Jamaal saw the military as an op- Derby, Kansas, as the ‘‘Sergeant Jamie 507th Maintenance Company, Jamaal O. Maugans Post Office Building.’’ portunity to develop his expertise as a was part of the initial invasion of Iraq. computer technician. Enrolling in the The Clerk read the title of the bill. He was killed just days after he arrived The text of the bill is as follows: Army in 2000, Specialist Addison spent there on March 23, 2003, when his con- H.R. 5135 a year in Korea before he was sent to voy took a wrong turn and was am- the Middle East as part of the 507th Be it enacted by the Senate and House of Rep- bushed near Nasiriyah. He was just 23 resentatives of the United States of America in Maintenance Company in the first days years old. Congress assembled, of the Iraqi War. b 1630 SECTION 1. SERGEANT JAMIE O. MAUGANS POST On March 23, 2003, the 507th convoy OFFICE BUILDING. was ambushed and, tragically, Jamaal Specialist Jamaal RaShard Addison (a) DESIGNATION.—The facility of the Addison lost his life. A dedicated hus- was the first Georgia soldier to pay the United States Postal Service located at 201

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 12, 2008 CONGRESSIONAL RECORD — HOUSE H843 West Greenway Street in Derby, Kansas, insert my statement into the RECORD Maugans, this endeavor is not only a shall be known and designated as the ‘‘Ser- and then yield him as much time as he way to honor Jamie, but a way to geant Jamie O. Maugans Post Office Build- might consume. honor all those from Kansas who have ing’’. Mr. Speaker, I rise today in support of this died in defense of this Nation from rad- (b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other bill, designating the facility of the United ical Muslims. record of the United States to the facility re- States Postal Service located at 201 West As the first casualty from my dis- ferred to in subsection (a) shall be deemed to Germany Street in Derby, Kansas, as the trict, Jamie’s life and memory are a be a reference to the ‘‘Sergeant Jamie O. ‘‘Sergeant Jamie O. Maugans Post Office representation of all those who have Maugans Post Office Building’’. Building.’’ lost their lives in the global war on ter- The SPEAKER pro tempore. Pursu- A native of Derby, SGT Jamie Maugans ror. I hope this effort will be a re- ant to the rule, the gentleman from was the first casualty of the global war on ter- minder to everyone in south central North Carolina (Mr. BUTTERFIELD) and ror from the 4th Congressional District in Kan- Kansas of the sacrifice that so many the gentleman from Connecticut (Mr. sas. veterans have made for our country SHAYS) each will control 20 minutes. A graduate of Derby High School, Sergeant and our freedoms. The Chair recognizes the gentleman Maugans attended the University of Kansas Let me take just a few moments to from North Carolina. and Cowley Community College before joining read the names of all those from the the Army. Stationed in San Diego serving as GENERAL LEAVE 4th District of Kansas who have died in Mr. BUTTERFIELD. Mr. Speaker, I an ordnance disposal specialist, he deployed Iraq and Afghanistan so that their sac- ask unanimous consent that all Mem- to Afghanistan shortly after the attacks of 9/11 rifice is honored: as part of Operation Enduring Freedom. bers may have 5 legislative days in SGT Jerry W. Mills, Jr., from Arkan- On April 15, 2002, while disposing of ord- which to revise and extend their re- sas City, Kansas, died on November 29, nance near Kandahar, Afghanistan, Sergeant 2005. marks. Maugans, along with three others, lost his life The SPEAKER pro tempore. Is there SGT Evan S. Parker, also from Ar- in an accidental ordnance explosion. kansas City, died on October 26, 2005. objection to the request of the gen- Described by his friends as one of the tleman from North Carolina? SGT Alexander J. Funcheon from Bel ‘‘kindest, most gentle-hearted people on the Aire died on April 29, 2007. There was no objection. planet,’’ Jamie Maugans died preserving the Mr. BUTTERFIELD. Mr. Speaker, I PFC Class Ryan R. Cox from Derby lives of his fellow soldiers and the freedom of join my colleagues today in consider- died on June 15, 2001. this Nation. I urge that we accept this bill to ation of H.R. 5135, which seeks to des- SPC Joseph F. Herndon II, also from honor that spirit of sacrifice embodied by Ser- ignate a postal facility in Derby, Kan- Derby, died on July 29, 2004. geant Maugans. SPC Dustin K. McGaugh from Derby sas, in honor of Sergeant Jamie O. Mr. TIAHRT. Mr. Speaker, first I Maugans, the first soldier from Kansas died on September 30, 2001. want to thank the gentleman from SGT Willsun Mock from Harper died to lose his life in Operation Enduring North Carolina for carrying this bill Freedom. That’s the war in Afghani- on October 22, 2006. and also the gentleman from Con- SPC Eric C. Palmer from Maize died stan. necticut for yielding to me and for the H.R. 5135 enjoys the support of the on June 24, 2007. great job he’s doing here in the House SSG David R. Berry from Wichita entire congressional delegation from of Representatives. the State of Kansas and was introduced died on February 22, 2007. Mr. Speaker, I am also honored to PFC Chad E. Marsh from Wichita by my colleague, Representative TODD have to carry this bill. And, today, died on February 17, 2007. TIAHRT, on January 23, 2008. The meas- Congress has the honor to approve the And 1SG Timmy J. Millsap from ure was taken up by the Oversight bill, naming the post office in Derby, Wichita died on April 25, 2005. Committee on January 29, 2008, and Kansas, after a true American hero, In addition, at this time I will submit was passed by voice vote. SGT Jamie O’Dell Maugans. a statement for the RECORD and in- H.R. 5135 calls for honoring Sergeant Sergeant Maugans was the first cas- clude all the names of Kansans who Maugans’ service to our country by ualty of the global war on terror from have died in the global war on terror. designating the post office in his home the 4th District of Kansas, a district Mr. Speaker, below are the names of the town of Derby, Kansas, as the Sergeant that has experienced 12 casualties in fallen heroes from Kansas who have died in Maugans Post Office Building. this war. A Derby native, Sergeant the global war on terror. These brave men A graduate of Derby High School and Maugans graduated from Derby High paid the ultimate sacrifice in service to a a former student of the University of School and attended Cowley County grateful Nation. Although we are naming the Kansas and Cowley County Community Community College and the University post office after one of their comrades, I hope College, Sergeant Maugans served dili- of Kansas before joining the Army. this effort honors all those who have died in gently as a member of the armed serv- When the terrorists attacked our Na- defense of America. ices since 1997. tion on September 11, 2001, Jamie was Sergeant Maugans was an ordnance Staff Sergeant Clinton Lee Wisdom from serving as an ordnance disposal spe- Atchison died on November 8, 2004. disposal specialist and stationed in San cialist stationed in San Diego, Cali- 2nd Lieutenant James Michael Goins from Diego, California, before being de- fornia. Shortly after those attacks, he Bonner Springs died on August 15, 2004. ployed to Afghanistan in the fall of was deployed in Afghanistan in connec- Lance Corporal Brian A. Escalante from 2001. On April 15, 2002, while deposing of tion with Operation Enduring Free- Dodge City died on February 17, 2007. ordnances near Kandahar, Afghanistan, dom. On April 15, 2002, while disposing Private 1st Class Shane R. Austin from Sergeant Maugans was killed along Edgerton died on October 8, 2006. of ordnance near Kandahar, Afghani- Staff Sergeant Dustin W. Peters from El with three other soldiers in his unit stan, Sergeant Maugans was killed. Dorado died on June 11, 2004. when rockets which he was attempting The explosion also took the lives of Corporal Juan C. Cabralbanuelos from Em- to dismantle exploded. three other soldiers, including fellow poria died on January 31, 2004. Mr. Speaker, I urge the swift passage Kansan, SSG Justin Galewski from Sergeant Christopher R. Kruse from Empo- of H.R. 5135. And I apologize for not Olathe. Jamie was only 27 years old. ria died on November 13, 2007. pronouncing the sponsor of the legisla- Sergeant Maugans left behind a lov- Specialist David J. Lane from Emporia died on September 4, 2007. tion’s name correctly. I suspect I did ing family and friends in Kansas. I Sergeant 1st Class Travis S. Bachman from not. know his mother, Kathy Wurdeman, Garden City died on August 1, 2007. Mr. Speaker, I reserve the balance of and his father, Bryce Maugans, his Specialist Clinton R. Upchurch from Gar- my time. step-mother, Mary Maugans, and his den City died on January 7, 2007. Mr. SHAYS. Mr. Speaker, in def- brother and four sisters are very proud Corporal Richard A. Bennett from Girard erence to the gentleman who intro- of Jamie and his service to this coun- died on May 27, 2006. Sergeant William W. Crow Jr. from Grand- duced this bill, TODD TIAHRT, who is a try. I am honored to have worked with view Plaza died on June 28, 2007. member of the Appropriations Com- the Maugans family and the Derby Sergeant Jessie Davila from Greensburg mittee and is also on its Defense sub- community on this effort. died on February 20, 2006. committee and also a member of the Although this bill names the Derby Specialist John Edward Wood from Hum- Intelligence Committee, I’m going to Post Office building after Sergeant boldt died on October 7, 2006.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H844 CONGRESSIONAL RECORD — HOUSE February 12, 2008 Sergeant Christopher S. Perez from Hutch- Mr. BUTTERFIELD. I yield back the . . . I have often inquired of myself, what inson died on May 23, 2005. balance of my time. great principle or idea it was that kept this Sergeant Courtney D. Finch from Leaven- The SPEAKER pro tempore. The Confederacy so long together. It was not the worth died on July 24, 2007. question is on the motion offered by mere matter of separation of the Colonies Corporal David M. Unger from Leaven- from the motherland; but that sentiment in worth died on October 17, 2006. the gentleman from North Carolina the Declaration of Independence which gave Lance Corporal Jose S. Marin-Dominguez (Mr. BUTTERFIELD) that the House sus- liberty, not alone to the people of this coun- Jr. from Liberal died on May 14, 2006. pend the rules and pass the bill, H.R. try, but, I hope, to the world, for all future Staff Sergeant Henry W. Linck from Man- 5135. time. It was that which gave promise that in hattan died on December 7, 2006. The question was taken; and (two- due time the weight would be lofted from the Lance Corporal Christopher B. Wasser from thirds being in the affirmative) the shoulders of men’’; Ottawa died on April 8, 2004. Whereas, upon taking office and being Staff Sergeant Kevin L. Zeigler from Over- rules were suspended and the bill was passed. thrust into the throes of the Civil War, land Park died on August 12, 2006. President Abraham Lincoln wrote the Eman- Private 1st Class Peter D. Wagler from A motion to reconsider was laid on cipation Proclamation, freeing all slaves in Partridge died on January 23, 2006. the table. southern States that seceded from the Union Specialist Joseph L. Lister from f on January 1, 1863; Pleasanton died on November 20, 2003. Whereas, on November 19, 1863, Abraham Sergeant Ian C. Anderson from Prairie Vil- CELEBRATING THE BIRTH OF Lincoln dedicated the battlefield at Gettys- lage died on January 15, 2007. ABRAHAM LINCOLN burg, Pennsylvania with the Gettysburg ad- Corporal Michael Raymond Speer from dress, which would later be known as his Redfield died on April 9, 2004. Mr. BUTTERFIELD. Mr. Speaker, I greatest speech, that harkened back to the Private Dustin L. Kreider from Riverton move to suspend the rules and agree to promises of the Declaration of Independence died on March 21, 2004. the concurrent resolution (H. Con. Res. Specialist Lucas A. Frantz from in the first sentence: ‘‘Four score and seven 281) celebrating the birth of Abraham years ago, our fathers brought forth, on this Tonganoxie died on October 18, 2005. Lincoln and recognizing the promi- Private Jeremy L. Drexler from Topeka continent, a new nation, conceived in Lib- died on May 2, 2004. nence the Declaration of Independence erty, and dedicated to the proposition that Specialist Kyle G. Thomas from Topeka played in the development of Abraham all men are created equal’’; died on September 25, 2003. Lincoln’s beliefs. Whereas Abraham Lincoln was reelected to Specialist Don Allen Clary from Troy died The Clerk read the title of the con- the Presidency on November 8, 1864, by 55 on November 8, 2004. current resolution. percent of the popular vote; Whereas Abraham Lincoln gave the ulti- Sergeant Jacob Lee Butler from Wellsville The text of the concurrent resolution died on April 1, 2003. mate sacrifice for his country, dying six Specialist Michael D. Brown from Wil- is as follows: weeks into his second term on April 15, 1865; liamsburg died on October 16, 2007. H. CON. RES. 281 Whereas the year 2009 will be the Bicenten- Sergeant Benjamin C. Morton from Wright Whereas Abraham Lincoln, the 16th Presi- nial anniversary of the birth of Abraham died on May 22, 2005. dent of the United States, was born of hum- Lincoln, and the United States will observe 2 Staff Sergeant Justin J. Galewski from ble roots on February 12, 1809, in Hardin years of commemorations beginning Feb- Olathe died on April 15, 2002. County, Kentucky; ruary 12, 2008; and Sergeant Michael C. Barry from Overland Whereas Abraham Lincoln rose to political Whereas all Americans could benefit from Park died on February 1, 2003. prominence as an attorney with a reputation studying the life of Abraham Lincoln as a Specialist David E. Hall from Union Town for fairness, honesty, and a belief that all model of achieving the American Dream died on February 25, 2004. men are created equal and that they are en- through honest, integrity, loyalty, and a Corporal Jeremiah S. Cole from Hiawatha dowed by their Creator with certain lifetime of education: Now, therefore, be it died on August 16, 2006. unalienable rights; Resolved by the House of Representatives (the Sergeant 1st Class Bernard Lee Deghand Whereas Abraham Lincoln was elected and Senate concurring), That the United States from Mayetta died on September 15, 2006. served with distinction in 1832 as a captain of Congress— Sergeant Charles J. McClain from Fort an Illinois militia company during the Black (1) requests that the President issue a Riley died on October 31, 2006. Hawk War; proclamation each year recognizing the an- Sergeant Jeffery S. Mersman from Parker Whereas Abraham Lincoln was elected to niversary of the birth of President Abraham died on November 9, 2007. the Illinois legislature in 1834 from San- Lincoln and calling upon the people of the Sergeant Jerry W. Mills, Jr., from Arkan- gamon County and was successively re- United States to observe such anniversary sas City died on November 29, 2005. elected until 1840; with appropriate ceremonies and activities; Sergeant Evan S. Parker from Arkansas Whereas Abraham Lincoln revered the Dec- and City died on October 26, 2005. laration of Independence, forming the moti- (2) encourages State and local governments Sergeant Alexander J. Funcheon from Bel vating moral and natural law principle for and local educational agencies to devote suf- Aire died on April 29, 2007. his opposition to the spread of slavery to ficient time to study and appreciate the rev- Private 1st Class Ryan R. Cox from Derby new States entering the Union and to his be- erence and respect Abraham Lincoln had for died on June 15, 2003. lief in slavery’s ultimate demise; the significance and importance of the Dec- Specialist Joseph F. Herndon II from laration of Independence in the development Derby died on July 29, 2004. Whereas Abraham Lincoln was elected in 1846 to serve in the United States House of of American history, jurisprudence, and the Specialist Dustin K. McGaugh from Derby spread of freedom around the world. died on September 30, 2003. Representatives, ably representing central Sergeant Willsun Mock from Harper died Illinois; The SPEAKER pro tempore. Pursu- on October 22, 2006. Whereas Abraham Lincoln re-entered po- ant to the rule, the gentleman from Specialist Eric C. Palmer from Maize died litical life as a reaction to the passage of the North Carolina (Mr. BUTTERFIELD) and on June 24, 2007. Kansas-Nebraska Act in 1854 which he op- the gentleman from Connecticut (Mr. Staff Sergeant David R. Berry from Wich- posed; Whereas Abraham Lincoln expounded on SHAYS) each will control 20 minutes. ita died on February 22, 2007. The Chair recognizes the gentleman Private 1st Class Chad E. Marsh from his views of natural rights during the series Wichita died on February 17, 2007. of Lincoln-Douglas debates in 1858 declaring from North Carolina. 1st Sergeant Timmy J. Millsap from Wich- in Charleston, Illinois that natural rights GENERAL LEAVE ita died on April 25, 2005. were ‘‘. . . enumerated in the Declaration of Mr. BUTTERFIELD. Mr. Speaker, I Mr. Speaker, by naming this post of- Independence, the right to life, liberty and ask unanimous consent that all Mem- the pursuit of happiness’’ and these views fice building the Jamie O. Maugans brought Lincoln into national prominence; bers may have 5 legislative days in Post Office, I hope that everyone in Whereas Abraham Lincoln, through a leg- which to revise and extend their re- south central Kansas will come to acy of courage, character, and patriotism, marks. know and remember this young man was elected to office as the 16th President of The SPEAKER pro tempore. Is there and his sacrifice. Furthermore, I hope the United States on November 6, 1860; objection to the request of the gen- that we can all recommit ourselves to Whereas Abraham Lincoln believed the tleman from North Carolina? honor those who have fallen in battle Declaration of Independence to be the anchor There was no objection. in defense of this Nation. I ask my col- of American republicanism, stating on Feb- Mr. BUTTERFIELD. Mr. Speaker, I ruary 22, 1861, during an address in Philadel- leagues to support this important ef- phia, Pennsylvania at Independence Hall join my colleagues in consideration of fort. that, ‘‘I have never had a feeling politically H. Con. Res. 281, which celebrates the Mr. SHAYS. Mr. Speaker, I yield that did not spring from the sentiments em- birth of Abraham Lincoln and recog- back the balance of my time. bodied in the Declaration of Independence nizes the prominence the Declaration

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 12, 2008 CONGRESSIONAL RECORD — HOUSE H845 of Independence played in the develop- rights were most clearly enumerated statement which will be inserted into ment of Lincoln’s beliefs. by the Declaration of Independence as the RECORD. H. Con. Res. 281 enjoys the support life, liberty, and the pursuit of happi- I would just like to say that on the and cosponsorship of 54 Members of ness. 150th anniversary of Lincoln’s birth, Congress and was introduced by Rep- Addressing Independence Hall in Carl Sandberg, addressed Congress in resentative DONALD MANZULLO of Illi- Philadelphia, Pennsylvania, in 1861, this Chamber after it had officially ad- nois on January 23, 2008. A similar President Lincoln credited the wisdom journed. I highly recommend his ad- measure, Mr. Speaker, S. Con. Res. 65, of the Fathers with absolute clarity. ‘‘I dress to anyone who loves this great has been sponsored by our friend, Sen- have never had a feeling politically American President. ator RICHARD DURBIN. that did not spring from the senti- Mr. Sanderg pointed out that Lincoln As we honor Abraham Lincoln, it is ments embodied in the Declaration of went to Gettysburg believing he would important to note that the United Independence,’’ so he spoke. lose the next election, and in spite of States Abraham Lincoln Bicentennial President Lincoln’s service to his that, instead of doing what political Commission was established by this country began in 1832 when he served consultants would urge someone to do Congress in 2000 to plan the national with distinction and was elected to the today, speak angrily about the South observance of the 200th anniversary of rank of captain of an Illinois militia who couldn’t vote for him, to unite the Abraham Lincoln’s birth in 2009. company in the Black Hawk War. That North to support him, Sandberg point- The mission of the commission is to military service preceded his entry ed out Lincoln spoke of the ‘‘brave men commemorate the 200th birthday of into politics when he was elected to the living and dead who fought here.’’ He Abraham Lincoln, emphasizing the State legislature in 1834, where he didn’t speak of North or South. This contribution of his thoughts and his served the citizens of Sangamon Coun- magnificent President was trying to ideals to America and to the world and ty until 1840. heal the Nation. That came first. And serving as a catalyst for strengthening In 1846, President Lincoln moved on as Carl Sandberg points out, this was freedom, democracy, and equal oppor- to serve in the U.S. House of Rep- at a time when American families had tunity for all. resentatives, serving one term before their sons fighting on both sides, and The commission, which is co-chaired he decided not to seek reelection and in one particular instance in one bat- by Senator RICHARD DURBIN and Rep- return to private practice as a lawyer. tle, a family lost both sons, one in Con- resentative RAY LAHOOD, is focused on Spurred by the turmoil that gripped federate gray and the other in northern informing the public about the impact the Nation after the passage of the blue. And they buried them on top of Abraham Lincoln had on the develop- Kansas-Nebraska Act of 1854, Lincoln each other, with these words ‘‘Only ment of our Nation and finding the decided to reenter the public arena, God knows which one was right.’’ best possible ways to honor his accom- lending his clarion voice to the cause We can never study enough about plishments. of liberty. this great President. The lessons he The commission states: ‘‘During the b 1645 teaches us are lessons that we all could gravest crisis in American history, benefit from, still today, and in the fu- While speaking on the repeal of the Lincoln preserved the Union, led the ef- ture. fort to eradicate slavery, and articu- Missouri Compromise in Peoria, Illi- Mr. Speaker, I yield back the balance lated the best aspirations of American nois, in July, 1854, then former Con- of my time. democracy. We propose recalling these gressman Lincoln declared, ‘‘No man is Mr. BUTTERFIELD. Mr. Speaker, I accomplishments in ways that will en- good enough to govern another man want to thank the gentleman for his lighten and inspire us both today and without the other’s consent.’’ passion and for his comments on the tomorrow. Remembering our past, we In August 1858, Lincoln wrote, ‘‘As I life and work of Abraham Lincoln. can better light the way to our future.’’ would not be a slave, so I would not be For the next 2 years, there are nu- a master. This expresses my idea of de- Mr. CONYERS. Mr. Speaker, H. Con. Res. merous events scheduled to commemo- mocracy.’’ 281 celebrates the birth of Abraham Lincoln rate Abraham Lincoln. They include a In his letter to Massachusetts Rep- and recognizes the prominence the Declara- rededication of the Lincoln Memorial resentative Henry L. Pierce in 1859, tion of Independence played in the develop- here in Washington, DC, in 2009, citi- Lincoln wrote, ‘‘Those who deny free- ment of his beliefs. zenship ceremonies at Lincoln sites dom to others deserve it not for them- I am honored and pleased to stand with my throughout that year, a redesigned 2009 selves.’’ friends in the Illinois delegation as we honor penny series and $5 bill series, a 2009 bi- In 1860, Abraham Lincoln took his our 16th President on his 199th birthday and centennial commemorative dollar coin political and moral philosophy to the kick off the nationwide bicentennial celebration and commemorative stamps. White House in the midst of a national of his birth. Mr. Speaker, I urge the swift passage crisis that would lead the Nation to Abraham Lincoln has achieved universal of this bill. civil war. Abraham Lincoln’s singular recognition as one of the greatest Presidents Mr. Speaker, I reserve the balance of vision that the Union must be pre- in American history. Today we recognize the my time. served guided this Nation through its life and legacy of the man who had the moral Mr. SHAYS. Mr. Speaker, I rise darkest days. courage and political acumen to end the today to honor the life of our 16th Reelected with a clear majority in abominable practice of slavery in America and President, Abraham Lincoln, on the 1864, Lincoln saw the forces of liberty to save an imperiled Union from secession 199th anniversary of his birth in Hardin prevail as the war ended with the and civil war. Country, Kentucky. Union intact and slavery abolished. On We also emphasize the prominent role the In the history of this great Nation, April 15, 1865, a mere 6 weeks into his Declaration of Independence played in Presi- the Presidency of Abraham Lincoln can second term, President Lincoln was dent Lincoln’s political philosophy. President be counted among the best of the best. struck down by an assassin’s bullet. Lincoln often cited the Declaration of Inde- President Lincoln saved the Union not Two hundred years after he was born pendence as a basis for his opposition to slav- only from its dissolution through the and 143 years after he sacrificed his life ery and as his inspiration for saving the Union. Civil War, but from its own immoral for his country, Abraham Lincoln is On his inaugural journey to Washington, Presi- practice of slavery. bound up in the mystic chords of our dent Lincoln stopped in Philadelphia at the site From his earlier years in Kentucky national memory as the man who ful- where the Declaration of Independence had and Illinois to his time in the State filled the promises of liberty and equal- been signed and declared, ‘‘I have never had legislature and his term in this House, ity and humanity first put forth in our a feeling politically that did not spring from the Abraham Lincoln developed a political founding Declaration. sentiments embodied in the Declaration of animus fueled by an unshakeable belief Mr. Speaker, the originator of this Independence.’’ In the Gettysburg Address, he in the natural rights espoused by the resolution, DON MANZULLO, is on a defined the end of the war as a rededication Founding Fathers four score and 87 plane, so obviously we can’t yield him to the ideals of that founding document. years before he dedicated that sacred time. But I do want to point out that H. Con. Res. 281 calls upon the President ground at Gettysburg. Those natural he offered this resolution and he has a to issue an annual proclamation recognizing

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H846 CONGRESSIONAL RECORD — HOUSE February 12, 2008 the anniversary of the birth of our 16th Presi- 1846, Abraham Lincoln was elected to serve mitment to the promises of the Declaration of dent. It recognizes the activities of the Abra- in this great House, where he ably rep- Independence were further evidenced in the ham Lincoln Bicentennial Commission, which resented central Illinois in the seat now held opening lines of his greatest speech at Gettys- initiates two years of commemorations begin- by my good friend and colleague, Representa- burg: ‘‘Four score and seven years ago, our ning on February 12, 2008. It also encourages tive RAY LAHOOD. fathers brought forth, on this continent, a new local governments and schools to spend suffi- Lincoln grew to prominence as an attorney nation, conceived in Liberty, and dedicated to cient time studying President Lincoln and his and a legislator with a reputation for fairness, the proposition that all men are created devotion to the Declaration of Independence. I honesty, and a belief that all men are created equal.’’ urge my colleagues to give their enthusiastic equal, endowed by their Creator with certain On November 8, 1864, Abraham Lincoln support to this important legislation. unalienable rights. He founded these beliefs in was reelected to the Presidency by 55 percent Mr. MANZULLO. Mr. Speaker, it is with a the ideals of the Declaration of Independ- of the popular vote. He continued to act as a great honor and a sense of humility as the ence—a document which, as President, he courageous and principled leader until he was senior Republican from the Land of Lincoln would cite frequently as his inspiration for sav- assassinated by John Wilkes Booth on April that I offer this resolution to celebrate the ing the Union and as the basis for his opposi- 14, 1865. Abraham Lincoln died on April 15, birthday of our Nation’s 16th President. I want tion to slavery. During a speech at Independ- 1865. to first offer my deep thanks and gratitude to ence Hall in 1861, Lincoln stated, ‘‘I have Abraham Lincoln’s profound and coura- the chairman and ranking minority member of never had a feeling politically that did not geous belief in the equality of men and the sa- the Oversight and Government Reform Com- spring from the sentiments embodied in the credness of the American Union propelled him mittee, Mr. WAXMAN of California and Mr. Declaration of Independence . . . [it is these forward as one of the greatest Presidents our DAVIS of Virginia, respectively, for allowing this sentiments] which gave liberty, not alone to Nation has known. Last Sunday, at a White resolution to come up on the floor to coincide the people of this country, but, I hope, to the House ceremony honoring Abraham Lincoln, with President Lincoln’s birthday. I recognize world, for all future time.’’ Lincoln’s belief in President George W. Bush said, ‘‘he, of all the that this was an unusual procedure and that the principles espoused by the Declaration successors to George Washington, none had normal committee protocol was waived to ex- formed the motivating moral and natural law greater impact on the presidency and on the pedite consideration of this resolution to time principle for his opposition to the spread of country . . . He was a fabulous man, a great with Lincoln’s birthday today. I also want to slavery and his belief in slavery’s ultimate de- President. His life was one of humble begin- offer my profound appreciation to my good mise. nings, and steadfast convictions. And so we friend and fellow Illinoisan, Representative Lincoln found his belief in the equality of celebrate his deeds, we lift up his ideals, and DANNY DAVIS of Chicago, who made all of this men to be directly at odds with the passage of we honor this good man.’’ possible to happen today. the Kansas-Nebraska Act in 1856. This legis- Lincoln is a hero to so many of us here in Abraham Lincoln was born 199 years ago lation promulgated the concept of ‘‘popular this House on both sides of the aisle, as he today to Thomas Lincoln and Nancy Hanks at sovereignty’’—the idea that State citizens is to me. The prominence of President Abra- Knob Creek Farm near Hodgenville, Kentucky, should be able to determine the presence of ham Lincoln is an undisputed fact of American in Hardin County. Today starts a series of slavery in their State by popular referendum. history. The man best known for freeing the celebrations over the next 2 years to com- Lincoln’s strong feelings against the passage slaves and saving an imperiled Union has at- memorate the life of Abraham Lincoln based of the Kansas-Nebraska Act propelled Lincoln tained iconic status among historians and citi- on the Abraham Lincoln Bicentennial Commis- to return to politics, and he began a bid for the zens alike as evidenced by best selling books sion Act, which was signed into law by Presi- U.S. Senate. such as Team of Rivals by Doris Kearns dent Bill Clinton in 2000. These commemora- During his campaign for the Senate, Lincoln Goodwin that documented the political genius tions include a special kick-off ceremony at engaged in a series of seven debates with his of Lincoln in winning the Presidency and gov- Lincoln’s boyhood home, the redesign of the opponent, Stephen Douglas. Now known as erning the Nation. Lincoln penny, a special bicentennial postage the Lincoln-Douglas debates, Lincoln’s elo- And yet, this man of great genius, compas- stamp, a rededication of the Lincoln Memorial, quence and studied opposition to the spread sion and acumen lacks official Federal rec- and a special joint session or meeting of Con- of slavery brought him into national promi- ognition for the day of his birth, February 12, gress for ceremonies and activities related to nence. because what is popularly known as Presi- Abraham Lincoln. I am absolutely delighted The second of these debates was held in dent’s Day is legally Washington’s Birthday. that the House will join in this kick-off celebra- Freeport, Illinois, a city in the district that I am While I do not wish to diminish the contribution in Kentucky, albeit delayed because of an privileged to represent, and was the origin of tions George Washington made to the estab- ice storm, with the debate over this resolution. what is now known as the ‘‘Freeport Doctrine.’’ lishment of this great country, this resolution This resolution will continue honoring Lincoln’s Cornered by Lincoln into choosing between will finally give Lincoln his due without the cost legacy beyond the next 2 years by requesting the notion of popular sovereignty or the prohi- of a separate Federal holiday by simply re- the President to issue a proclamation every bition against outlawing slavery put forth by questing the President each year to issue a year in his honor as he does for many other the infamous Dred Scott Supreme Court deci- proclamation honoring this great man and en- great figures of American history. sion, Stephen Douglas responded that slavery couraging the people of the United States to In the fall of 1816, Thomas and Nancy Lin- could be prevented from any territory by the observe his birthday with appropriate cere- coln packed their belongings and their two refusal of the people living in that territory to monies and activities. The resolution also en- children—Sarah, 9, and Abraham, 7—and left pass laws favorable to slavery. Likewise, if the courages State and local governments and Kentucky bound for the new frontier of Spen- people of the territory supported slavery, legis- local educational agencies to study and appre- cer County in southern Indiana. Abraham Lin- lation would provide for its continued exist- ciate the reverence and respect Abraham Lin- coln lived in Indiana for the next 14 years until ence. While this doctrine would see Douglas coln had for the Declaration of Independence he was 21 years old. However, in October reelected to the Senate over Lincoln, it would in the development of American history, juris- 1818, when Abraham was 9 years old, his be a key factor in his loss in the 1860 Presi- prudence, and the spread of freedom around mother, Nancy Hanks Lincoln, died. His feel- dential election. the world. ings for her were still strong some 40 years Lincoln’s performance in the debates won Mr. Speaker, I urge my colleagues to join later when he said, ‘‘All that I am or hope to him national prominence and a reputation for me in honoring Abraham Lincoln today and in be, I owe to my angel mother.’’ courage, character, and patriotism. These fac- recognizing the profound influence the Dec- In 1830, Thomas Lincoln, then re-married, tors played heavily into his election to office as laration of Independence had upon Lincoln’s decided to move the family to another new the 16th President of the United States on No- political philosophy as a model for us to emu- frontier—this time to the tiny village of Deca- vember 6, 1860. late. tur, Illinois, located in Macon County. Hard Upon taking office, Lincoln was thrust into Mr. BUTTERFIELD. Mr. Speaker, I working and intellectually inquisitive, Abraham the throes of the Civil War. Leading a parti- yield back the balance of my time. Lincoln’s first foray into public service came in tioned Union, Lincoln relied heavily on his po- The SPEAKER pro tempore. The 1832 when he was elected and served as a litical ideals born of the Declaration of Inde- question is on the motion offered by captain of an Illinois militia company during pendence. On January 1, 1863, Lincoln issued the gentleman from North Carolina the Black Hawk War. Following his military what would become the most iconic document (Mr. BUTTERFIELD) that the House sus- service, Lincoln was elected to the Illinois leg- of his Presidency—the Emancipation Procla- pend the rules and agree to the concur- islature in 1834 from Sangamon County and mation, freeing all the slaves in southern rent resolution, H. Con. Res. 281. was successively reelected until 1840. In States that seceded from the Union. His com- The question was taken.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 12, 2008 CONGRESSIONAL RECORD — HOUSE H847 The SPEAKER pro tempore. In the must keep taxes low. Unless the Con- These policies would encourage com- opinion of the Chair, two-thirds being gress acts, most of the tax relief that petition among health plans across in the affirmative, the ayes have it. we have delivered over the past 7 years State lines, help reduce frivolous law- Mr. BUTTERFIELD. Mr. Speaker, on will be taken away and 116 million suits that increase patients’ costs, and that I demand the yeas and nays. American taxpayers will see their promote the use of health savings ac- The yeas and nays were ordered. taxes rise by an average of $1,800. The counts. The SPEAKER pro tempore. Pursu- tax relief of the past few years has been Fifth, we must increase our energy ant to clause 8 of rule XX and the a key factor in promoting economic security and confront climate change. Chair’s prior announcement, further growth and job creation and it should Last year, I proposed an ambitious proceedings on this motion will be be made permanent. We must also plan to reduce U.S. dependence on oil postponed. work together to tackle unfunded obli- and help cut the growth of greenhouse gations in entitlement programs such gas emissions. I am pleased that the f as Social Security, Medicare, and Med- Congress responded, and I was able to COMMUNICATION FROM THE icaid, I have laid out a detailed plan in sign into law a bill that will increase CLERK OF THE HOUSE my Budget to restrain spending, cut fuel economy and the use of alternative earmarks, and balance the budget by fuels, as well as set new efficiency The SPEAKER pro tempore laid be- mandates on appliances, light bulbs, fore the House the following commu- 2012 without raising taxes. Second, we must trust Americans and Federal Government operations. In nication from the Clerk of the House of my State of the Union Message, I pro- Representatives: with the responsibility of homeowner- ship and empower them to weather tur- posed that we take the next steps to OFFICE OF THE CLERK, bulent times in the market. My Admin- accelerate technological break- HOUSE OF REPRESENTATIVES, istration has acted aggressively to help throughs by funding new technologies Washington, DC, February 11, 2008. to generate coal power that captures Hon. NANCY PELOSI, credit-worthy homeowners avoid fore- Speaker, House of Representatives, closure. We launched a new initiative carbon emissions, advance emissions- The Capitol, Washington, DC. called FHASecure to help families refi- free nuclear power; and invest in ad- DEAR MADAM SPEAKER: Pursuant to the nance their homes. I signed legislation vanced battery technology and renew- permission granted in Clause 2(h) of Rule II to protect families from higher taxes able energy. I am also committing $2 of the Rules of the U.S. House of Representa- when lenders forgive a portion of their billion to a new international clean tives, I have the honor to transmit a sealed home mortgage debt. We have also technology fund that will help devel- envelope received from the White House on oping nations make greater use of February 11, 2008, at 4:12 p.m. and said to brought together the HOPE NOW alliance, which is helping many struggling clean energy sources. Additionally, my contain a message from the President where- Budget proposes to protect the econ- by he submits the Economic Report of the homeowners avoid foreclosure by fa- President and the 2008 Annual Report of the cilitating the refinancing and modi- omy against oil supply disruptions by Council of Economic Advisers. fication of mortgages. The Congress doubling the capacity of the Strategic With best wishes, I am can do more to help American families Petroleum Reserve. Finally, a strong and vibrant edu- Sincerely, keep their homes by passing legislation ORRAINE ILLER cation system is vital to maintaining L C. M , to reform Freddie Mac and Fannie Mae, Clerk of the House. our Nation’s competitive edge and ex- modernize the Federal Housing Admin- tending economic opportunity to every f istration, and allow State housing citizen. Six years ago, we came to- ECONOMIC REPORT OF THE PRESI- agencies to issue tax-free bonds to help gether to pass the No Child Left Behind DENT—MESSAGE FROM THE homeowners refinance their mortgages. Act, and no one can deny its results. Third, we must continue opening new PRESIDENT OF THE UNITED Now we must work together to in- markets for trade and investment. We STATES (H. DOC. NO. 110–83) crease accountability, add flexibility have an unprecedented opportunity to for States and districts, reduce the The SPEAKER pro tempore laid be- reduce barriers to global trade and in- fore the House the following message number of high school dropouts, and vestment through a successful Doha provide extra help for struggling from the President of the United round. The Congress should also ap- States; which was read and, together schools. prove our pending free trade agree- Many of these issues are discussed in with the accompanying papers, without ments. I thank the Congress for its ap- objection, referred to the Joint Eco- the 2008 Annual Report of the Council proval of a good agreement with Peru, of Economic Advisers. The Council has nomic Committee and ordered to be and ask for the approval of agreements prepared this Report to help policy- printed: with Colombia, Panama, and South makers understand the economic con- To the Congress of the United States: Korea. These agreements will benefit ditions and issues that underlie my Ad- Over the past 6 years of economic ex- our economy by providing greater ac- ministration’s policy decisions. By re- pansion, the American economy has cess for our exports and supporting lying on the foundation and resilience proven its strength and resilience, Job good jobs for American workers, and of our economy, trusting the decisions creation grew uninterrupted for a they will promote America’s strategic of individuals and markets and pur- record period of time, inflation re- interests. I have asked the Congress to suing pro-growth policies, we should mains moderate, unemployment is low, reauthorize and reform trade adjust- have confidence in our prospects for and productivity continues to grow. ment assistance so that we can help continued prosperity and economic The economy is built upon a strong those workers who are displaced by growth. foundation, with deep and sophisti- trade to learn new skills and find new GEORGE W. BUSH. cated capital markets, flexible labor jobs. THE WHITE HOUSE, February 2008. markets, low taxes, and open trade and Fourth, we must make health care f investment policies. more affordable and accessible for all COMMUNICATION FROM THE Americans should be confident about Americans. I have proposed changes in CLERK OF THE HOUSE the long-term strength of our economy, the tax code that would end the bias but our economy is undergoing a period against those who do not receive The SPEAKER pro tempore laid be- of uncertainty, and there are height- health insurance through their em- fore the House the following commu- ened risks to our near-term economic ployer and would make it easier for nication from the Clerk of the House of growth. To insure against these risks, I many uninsured Americans to obtain Representatives: called upon the Congress to enact a insurance. This reform would put pri- OFFICE OF THE CLERK, growth package that is simple, tem- vate health care coverage within reach HOUSE OF REPRESENTATIVES, porary, and effective in keeping our for millions. My Budget also improves Washington, DC, February 8, 2008. economy growing and our people work- access to health care by increasing the Hon. NANCY PELOSI, Speaker, House of Representatives, ing. power of small employers, civic groups, Washington, DC. There is more we should do to and community organizations to nego- DEAR MADAM SPEAKER: Pursuant to the strengthen our economy. First, we tiate lower-priced health premiums. permission granted in Clause 2(h) of Rule II

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H848 CONGRESSIONAL RECORD — HOUSE February 12, 2008 of the Rules of the U.S. House of Representa- The vote on H. Res. 960 will be taken Kline (MN) Murphy, Patrick Sherman tives, the Clerk received the following mes- tomorrow. Knollenberg Murphy, Tim Shimkus sage from the Secretary of the Senate on Kucinich Musgrave Shuler The first electronic vote will be con- LaHood Myrick Shuster February 8, 2008, at 2:22 p.m.: ducted as a 15-minute vote. Remaining Lamborn Nadler Simpson That the Senate agreed to without amend- electronic votes will be conducted as 5- Langevin Napolitano Sires ment H. Con. Res. 273. Larsen (WA) Neal (MA) Skelton That the Senate agreed to S. Con. Res. 67. minute votes. Larson (CT) Neugebauer Slaughter That the Senate agreed to S. Con. Res. 68. f Latham Nunes Smith (NE) With best wishes, I am LaTourette Oberstar Smith (NJ) Sincerely, Latta Obey Smith (TX) HONORING THE LIFE OF SENIOR Lee Olver Smith (WA) LORRAINE C. MILLER, BORDER PATROL AGENT LUIS A. Levin Pallone Snyder Clerk of the House. AGUILAR Lewis (CA) Pascrell Solis f Lewis (GA) Pastor Souder The SPEAKER pro tempore. The un- LoBiondo Payne Stark COMMUNICATION FROM THE finished business is the vote on the mo- Loebsack Pearce Stearns CLERK OF THE HOUSE tion to suspend the rules and agree to Lofgren, Zoe Pence Stupak Lucas Perlmutter Sutton The SPEAKER pro tempore laid be- the resolution, H. Res. 954, as amended, Lungren, Daniel Peterson (MN) Tancredo fore the House the following commu- on which the yeas and nays were or- E. Petri Tanner dered. Lynch Pitts Tauscher nication from the Clerk of the House of Mahoney (FL) Poe Taylor Representatives: The Clerk read the title of the resolu- Maloney (NY) Pomeroy Thompson (CA) tion. Manzullo Porter Thompson (MS) OFFICE OF THE CLERK, The SPEAKER pro tempore. The Markey Price (NC) Thornberry HOUSE OF REPRESENTATIVES, question is on the motion offered by Marshall Putnam Tiahrt Washington, DC, February 12, 2008. Matheson Rahall Tiberi Hon. NANCY PELOSI, the gentleman from Mississippi (Mr. Matsui Ramstad Tierney Speaker, House of Representatives, THOMPSON) that the House suspend the McCarthy (CA) Rangel Tsongas Washington, DC. rules and agree to the resolution, H. McCarthy (NY) Rehberg Turner DEAR MADAM SPEAKER: Pursuant to the Res. 954, as amended. McCaul (TX) Reichert Udall (NM) permission granted in Clause 2(h) of Rule II McCollum (MN) Reynolds Upton The vote was taken by electronic de- McCotter Richardson Van Hollen of the Rules of the U.S. House of Representa- vice, and there were—yeas 357, nays 0, McDermott Rogers (AL) Vela´ zquez tives, the Clerk received the following mes- not voting 71, as follows: McGovern Rogers (MI) Visclosky sage from the Secretary of the Senate on McHenry Ros-Lehtinen Walberg February 12, 2008, at 10:30 a.m.: [Roll No. 43] McHugh Ross Walden (OR) That the Senate agreed to S. Res. 446. YEAS—357 McIntyre Rothman Walsh (NY) McKeon Roybal-Allard Walz (MN) That the Senate passed S. 2071. Abercrombie Chabot Gallegly With best wishes, I am McMorris Royce Wamp Aderholt Clarke Garrett (NJ) Rodgers Rush Wasserman Sincerely, Akin Cleaver Gerlach McNerney Salazar Schultz LORRAINE C. MILLER, Alexander Clyburn Giffords McNulty Sali Waters Clerk of the House. Allen Coble Gillibrand Meek (FL) Sa´ nchez, Linda Watson Altmire Cohen Gingrey f Meeks (NY) T. Watt Andrews Cole (OK) Gohmert Melancon Sanchez, Loretta Waxman ANNOUNCEMENT BY THE SPEAKER Arcuri Conaway Gonzalez Mica Sarbanes Welch (VT) Baca Conyers Goode Michaud Saxton Weller PRO TEMPORE Bachmann Cooper Goodlatte Miller (FL) Schakowsky Westmoreland The SPEAKER pro tempore. Under Bachus Costello Gordon Miller (MI) Schiff Wexler Baird Courtney Granger Miller (NC) Schwartz Whitfield (KY) clause 5(d) of rule XX, the Chair an- Baldwin Cramer Graves Miller, Gary Scott (GA) Wilson (NM) nounces to the House that, in light of Barrett (SC) Crenshaw Green, Al Miller, George Scott (VA) Wilson (SC) the passing of the gentleman from Barrow Crowley Grijalva Mitchell Sensenbrenner Wittman (VA) Barton (TX) Cubin Hall (NY) Mollohan Serrano Wolf California (Mr. LANTOS), the whole Becerra Culberson Hall (TX) Moore (KS) Sessions Woolsey number of the House is 429. Berkley Davis (AL) Hare Moore (WI) Sestak Wu Berman Davis (CA) Harman f Moran (KS) Shadegg Yarmuth Berry Davis (IL) Hastings (FL) Moran (VA) Shays Young (AK) Biggert Davis, David Hastings (WA) Murphy (CT) Shea-Porter Young (FL) RECESS Bilbray Davis, Lincoln Heller The SPEAKER pro tempore. Pursu- Bilirakis Deal (GA) Hensarling NOT VOTING—71 ant to clause 12(a) of rule I, the Chair Bishop (GA) DeFazio Herger Ackerman Hinchey Pryce (OH) Bishop (NY) DeGette Herseth Sandlin Bartlett (MD) Hinojosa Radanovich declares the House in recess until ap- Bishop (UT) Delahunt Higgins Bean Honda Regula Blackburn DeLauro Hill proximately 6:30 p.m. today. Blumenauer Hulshof Renzi Blunt Dent Hirono Accordingly (at 4 o’clock and 55 min- Bono Mack Inglis (SC) Reyes Boehner Diaz-Balart, L. Hobson Brown, Corrine Jefferson utes p.m.), the House stood in recess Bonner Diaz-Balart, M. Hodes Rodriguez Burton (IN) Johnson (IL) Rogers (KY) until approximately 6:30 p.m. Boozman Dicks Hoekstra Buyer Kagen Boren Dingell Holden Rohrabacher f Cantor Kuhl (NY) Roskam Boswell Doggett Holt Chandler Lampson Ruppersberger Boucher Donnelly Hooley Clay Lewis (KY) b 1830 Ryan (OH) Boustany Doolittle Hoyer Costa Linder Ryan (WI) AFTER RECESS Boyd (FL) Drake Hunter Cuellar Lipinski Boyda (KS) Dreier Inslee Cummings Lowey Schmidt The recess having expired, the House Brady (PA) Duncan Israel Davis (KY) Mack Space was called to order by the Speaker pro Brady (TX) Edwards Issa Davis, Tom Marchant Spratt Braley (IA) Ehlers Jackson (IL) Sullivan tempore (Ms. BALDWIN) at 6 o’clock and Doyle McCrery Broun (GA) Ellison Jackson-Lee Engel Murtha Terry 30 minutes p.m. Brown (SC) Ellsworth (TX) Flake Ortiz Towns Brown-Waite, Emanuel Johnson (GA) f Franks (AZ) Paul Udall (CO) Ginny Emerson Johnson, E. B. Gilchrest Peterson (PA) Weiner ANNOUNCEMENT BY THE SPEAKER Buchanan English (PA) Johnson, Sam Green, Gene Pickering Weldon (FL) Burgess Eshoo Jones (NC) PRO TEMPORE Gutierrez Platts Wilson (OH) Butterfield Etheridge Jones (OH) Hayes Price (GA) Wynn The SPEAKER pro tempore. Pursu- Calvert Everett Jordan Camp (MI) Fallin Kanjorski ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ant to clause 8 of rule XX, proceedings Campbell (CA) Farr Kaptur The SPEAKER pro tempore (during will resume on motions to suspend the Cannon Fattah Keller the vote). Members are advised that Capito Feeney Kennedy rules previously postponed. there are 2 minutes remaining in this Votes will be taken in the following Capps Ferguson Kildee Capuano Filner Kilpatrick vote. order: Cardoza Forbes Kind H. Res. 954, by the yeas and nays; Carnahan Fortenberry King (IA) b 1855 H. Res. 909, by the yeas and nays; Carney Fossella King (NY) So (two-thirds being in the affirma- Carter Foxx Kingston H. Con. Res. 281, by the yeas and Castle Frank (MA) Kirk tive) the rules were suspended and the nays. Castor Frelinghuysen Klein (FL) resolution, as amended, was agreed to.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 12, 2008 CONGRESSIONAL RECORD — HOUSE H849 The result of the vote was announced Keller Mollohan Shea-Porter b 1904 as above recorded. Kennedy Moore (KS) Sherman Kildee Moran (KS) Shimkus So (two-thirds being in the affirma- A motion to reconsider was laid on Kilpatrick Moran (VA) Shuler tive) the rules were suspended and the the table. Kind Murphy (CT) Shuster resolution, as amended, was agreed to. King (IA) Murphy, Patrick Simpson The result of the vote was announced f King (NY) Murphy, Tim Sires Kingston Musgrave Skelton as above recorded. Kirk Myrick Slaughter A motion to reconsider was laid on COMMEMORATING THE COURAGE Klein (FL) Nadler OF THE HAITIAN SOLDIERS Smith (NE) the table. Kline (MN) Napolitano Smith (NJ) Knollenberg Neal (MA) Stated for: THAT FOUGHT FOR AMERICAN Smith (TX) Kucinich Neugebauer INDEPENDENCE IN THE ‘‘SIEGE Smith (WA) Ms. MOORE of Wisconsin. Madam Speak- LaHood Nunes Snyder er, on rollcall No. 44, had I been present, I OF SAVANNAH’’ Lamborn Oberstar Solis Langevin Obey would have voted ‘‘yea.’’ The SPEAKER pro tempore. The un- Souder Larsen (WA) Olver f finished business is the vote on the mo- Larson (CT) Pallone Spratt tion to suspend the rules and agree to Latham Pascrell Stark ANNOUNCING THE PASSING OF the resolution, H. Res. 909, as amended, LaTourette Pastor Stearns Stupak THE HONORABLE TOM LANTOS on which the yeas and nays were or- Latta Payne Lee Pearce Sutton (Mr. STARK asked and was given dered. Tancredo Levin Pence permission to address the House for 1 The Clerk read the title of the resolu- Lewis (CA) Perlmutter Tanner tion. Lewis (GA) Peterson (MN) Tauscher minute.) The SPEAKER pro tempore. The LoBiondo Petri Taylor Mr. STARK. Madam Speaker, as dean Loebsack Pitts Thompson (CA) of the California delegation, it is my question is on the motion offered by Lofgren, Zoe Poe Thompson (MS) the gentleman from American Samoa Lucas Pomeroy Thornberry sad responsibility to make the formal (Mr. FALEOMAVAEGA) that the House Lungren, Daniel Porter Tiahrt announcement to the House of Rep- suspend the rules and agree to the reso- E. Price (NC) Tiberi resentatives about yesterday’s passing Lynch Putnam Tierney of our good friend and colleague, TOM lution, H. Res. 909, as amended. Mahoney (FL) Rahall Tsongas ANTOS This will be a 5-minute vote. Maloney (NY) Ramstad Turner L of California. The vote was taken by electronic de- Manzullo Rangel Udall (NM) I ask that we observe a moment of si- vice, and there were—yeas 361, nays 0, Markey Rehberg Upton lence to honor TOM’s legacy of service Marshall Reichert Van Hollen to his constituents, the House of Rep- not voting 67, as follows: Matheson Reynolds Vela´ zquez resentatives, and the people around the [Roll No. 44] Matsui Richardson Visclosky McCarthy (CA) Rogers (AL) world for whom he sought human YEAS—361 Walberg McCarthy (NY) Rogers (MI) Walden (OR) rights. He will be sorely missed. Abercrombie Carney Filner McCaul (TX) Ros-Lehtinen Walsh (NY) The SPEAKER. Members will please Aderholt Carter Forbes McCollum (MN) Ross Walz (MN) rise and observe a moment of silence in Akin Castle Fortenberry McCotter Rothman Wamp Alexander Castor Fossella McDermott Roybal-Allard Wasserman memory of our esteemed colleague, the Allen Chabot Foxx McGovern Royce Schultz Honorable TOM LANTOS. Altmire Clarke Frank (MA) McHenry Rush Waters McHugh Salazar Andrews Clay Frelinghuysen Watson f Arcuri Cleaver Gallegly McIntyre Sali Watt Baca Clyburn Garrett (NJ) McKeon Sa´ nchez, Linda ANNOUNCEMENT BY THE SPEAKER Waxman Bachmann Coble Gerlach McMorris T. Welch (VT) Bachus Cohen Giffords Rodgers Sanchez, Loretta The SPEAKER. Without objection, 5- Weller Baird Cole (OK) Gillibrand McNerney Sarbanes minute voting will continue. Baldwin Conaway Gingrey McNulty Saxton Westmoreland There was no objection. Barrett (SC) Conyers Gohmert Meek (FL) Schakowsky Wexler Barrow Cooper Gonzalez Meeks (NY) Schiff Whitfield (KY) f Bartlett (MD) Costello Goode Melancon Schwartz Wilson (NM) Barton (TX) Courtney Goodlatte Mica Scott (GA) Wilson (SC) CELEBRATING THE BIRTH OF Becerra Cramer Gordon Michaud Scott (VA) Wittman (VA) ABRAHAM LINCOLN Berkley Crenshaw Granger Miller (FL) Sensenbrenner Wolf Berman Crowley Graves Miller (MI) Serrano Woolsey The SPEAKER. The unfinished busi- Berry Cubin Green, Al Miller (NC) Sessions Wu ness is the vote on the motion to sus- Biggert Culberson Grijalva Miller, Gary Sestak Yarmuth pend the rules and agree to the concur- Bilbray Davis (AL) Hall (NY) Miller, George Shadegg Young (AK) Bilirakis Davis (CA) Hall (TX) Mitchell Shays Young (FL) rent resolution, H. Con. Res. 281, on Bishop (GA) Davis (IL) Hare which the yeas and nays were ordered. Bishop (NY) Davis, David Harman NOT VOTING—67 The Clerk read the title of the con- Bishop (UT) Davis, Lincoln Hastings (FL) Blackburn Deal (GA) Hastings (WA) Ackerman Honda Radanovich current resolution. Blunt DeFazio Heller Bean Hulshof Regula The SPEAKER pro tempore (Ms. Blumenauer Inglis (SC) Boehner DeGette Hensarling Renzi BALDWIN). The question is on the mo- Bonner Delahunt Herger Bono Mack Jefferson Reyes Boozman DeLauro Herseth Sandlin Brown, Corrine Kagen Rodriguez tion offered by the gentleman from Boren Dent Higgins Burton (IN) Kuhl (NY) Rogers (KY) North Carolina (Mr. BUTTERFIELD) that Boswell Diaz-Balart, L. Hill Cantor Lampson Rohrabacher the House suspend the rules and agree Boucher Diaz-Balart, M. Hirono Chandler Lewis (KY) Roskam Costa Linder to the concurrent resolution, H. Con. Boustany Dicks Hobson Ruppersberger Cuellar Lipinski Res. 281. Boyd (FL) Dingell Hodes Ryan (OH) Cummings Lowey Boyda (KS) Doggett Hoekstra Ryan (WI) This will be a 5-minute vote. Brady (PA) Donnelly Holden Davis (KY) Mack Davis, Tom Marchant Schmidt The vote was taken by electronic de- Brady (TX) Doolittle Holt Space Braley (IA) Drake Hooley Doyle McCrery vice, and there were—yeas 357, nays 0, Sullivan Broun (GA) Dreier Hoyer Engel Moore (WI) not voting 71, as follows: Terry Brown (SC) Duncan Hunter Flake Murtha [Roll No. 45] Brown-Waite, Edwards Inslee Franks (AZ) Ortiz Towns Ginny Ehlers Israel Gilchrest Paul Udall (CO) YEAS—357 Weiner Buchanan Ellison Issa Green, Gene Peterson (PA) Abercrombie Baldwin Bishop (NY) Burgess Ellsworth Jackson (IL) Gutierrez Pickering Weldon (FL) Aderholt Barrett (SC) Bishop (UT) Butterfield Emanuel Jackson-Lee Hayes Platts Wilson (OH) Akin Barrow Blackburn Buyer Emerson (TX) Hinchey Price (GA) Wynn Alexander Bartlett (MD) Blunt Calvert English (PA) Johnson (GA) Hinojosa Pryce (OH) Allen Barton (TX) Boehner Camp (MI) Eshoo Johnson (IL) Altmire Becerra Bonner Campbell (CA) Etheridge Johnson, E. B. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Andrews Berman Boozman Cannon Everett Johnson, Sam Arcuri Berry Boren Capito Fallin Jones (NC) The SPEAKER pro tempore (during Baca Biggert Boswell Capps Farr Jones (OH) the vote). Members are advised that Bachmann Bilbray Boucher Capuano Fattah Jordan there is 1 minute remaining in this Bachus Bilirakis Boustany Cardoza Feeney Kanjorski Baird Bishop (GA) Boyd (FL) Carnahan Ferguson Kaptur vote.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H850 CONGRESSIONAL RECORD — HOUSE February 12, 2008 Brady (PA) Grijalva Miller, George Udall (NM) Wasserman Whitfield (KY) The Clerk read the resolution, as fol- Brady (TX) Hall (NY) Mitchell Upton Schultz Wilson (NM) Braley (IA) Hall (TX) Mollohan Van Hollen Waters Wilson (SC) lows: Broun (GA) Hare Moore (KS) Vela´ zquez Watson Wittman (VA) H. RES. 975 Brown (SC) Harman Moore (WI) Visclosky Watt Wolf Resolved, That the House has heard with Brown-Waite, Hastings (FL) Moran (KS) Walberg Waxman Woolsey profound sorrow of the death of the Honor- Walden (OR) Welch (VT) Wu Ginny Hastings (WA) Murphy (CT) able Tom Lantos, a Representative from the Buchanan Heller Murphy, Patrick Walsh (NY) Weller Yarmuth Burgess Hensarling Murphy, Tim Walz (MN) Westmoreland Young (AK) State of California. Butterfield Herger Musgrave Wamp Wexler Young (FL) Resolved, That a committee of such Mem- Buyer bers of the House as the Speaker may des- Herseth Sandlin Myrick NOT VOTING—71 Calvert Higgins Nadler ignate, together with such Members of the Camp (MI) Hill Napolitano Ackerman Hinojosa Pryce (OH) Senate as may be joined, be appointed to at- Campbell (CA) Hirono Neal (MA) Bean Honda Radanovich tend the funeral. Cannon Hobson Neugebauer Berkley Hulshof Regula Resolved, That the Sergeant-at-Arms of the Capito Hodes Nunes Blumenauer Inglis (SC) Renzi House be authorized and directed to take Capps Bono Mack Jefferson Hoekstra Oberstar Reyes such steps as may be necessary for carrying Capuano Holden Obey Boyda (KS) Kagen Rodriguez out the provisions of these resolutions and Cardoza Holt Olver Brown, Corrine Kuhl (NY) Rogers (KY) Carnahan Hooley Pallone Burton (IN) Lampson Rohrabacher that the necessary expenses in connection Carney Hoyer Pascrell Cantor Lewis (KY) Roskam therewith be paid out of applicable accounts Chandler Linder Carter Hunter Pastor Ruppersberger of the House. Costa Lipinski Castle Inslee Payne Ryan (OH) Resolved, That the Clerk communicate Cuellar Lowey Castor Israel Pearce Ryan (WI) these resolutions to the Senate and transmit Cummings Mack Chabot Issa Pence Schmidt a copy thereof to the family of the deceased. Clarke Jackson (IL) Perlmutter Davis (KY) Marchant Davis, Tom McCaul (TX) Space Resolved, That when the House adjourns Clay Jackson-Lee Peterson (MN) Stupak Cleaver (TX) Petri Doyle McCrery today, it adjourn as a further mark of re- Sullivan Clyburn Johnson (GA) Pitts Engel Moran (VA) spect to the memory of the deceased. Terry Coble Johnson (IL) Poe Flake Murtha Towns The SPEAKER pro tempore. The gen- Cohen Johnson, E. B. Pomeroy Franks (AZ) Ortiz Udall (CO) tleman from California is recognized Cole (OK) Johnson, Sam Porter Gilchrest Paul Weiner Conaway Jones (NC) Price (NC) Green, Gene Peterson (PA) for 1 hour. Weldon (FL) Conyers Jones (OH) Putnam Gutierrez Pickering Mr. STARK. Madam Speaker, I ask Cooper Jordan Rahall Hayes Platts Wilson (OH) Hinchey Price (GA) Wynn unanimous consent that my distin- Costello Kanjorski Ramstad guished colleague from California (Mr. Courtney Kaptur Rangel b 1913 Cramer Keller Rehberg DREIER) have half of my time to man- Crenshaw Kennedy Reichert So (two-thirds being in the affirma- age. Crowley Kildee Reynolds tive) the rules were suspended and the The SPEAKER pro tempore. Is there Cubin Kilpatrick Richardson Culberson Kind Rogers (AL) concurrent resolution was agreed to. objection to the request of the gen- Davis (AL) King (IA) Rogers (MI) The result of the vote was announced tleman from California? Davis (CA) King (NY) Ros-Lehtinen as above recorded. There was no objection. Davis (IL) Kingston Ross A motion to reconsider was laid on Mr. STARK. Madam Speaker, I yield Davis, David Kirk Rothman 1 minute to the Speaker, the gentle- Davis, Lincoln Klein (FL) Roybal-Allard the table. Deal (GA) Kline (MN) Royce f woman from California (Ms. PELOSI). DeFazio Knollenberg Rush Ms. PELOSI. Madam Speaker, I DeGette Kucinich Salazar PERSONAL EXPLANATION thank the gentleman for yielding. I Delahunt LaHood Sali Mr. GUTIERREZ. Madam Speaker, I was DeLauro Lamborn Sa´ nchez, Linda thank him for the formal notification Dent Langevin T. unavoidably absent from this Chamber today. of the Congress that he presented ear- Diaz-Balart, L. Larsen (WA) Sanchez, Loretta Had I been present, I would have voted ‘‘yea’’ lier to the House of Representatives, Diaz-Balart, M. Larson (CT) Sarbanes on rollcall votes 43, 44, and 45. and thank him for bringing us this op- Dicks Latham Saxton Dingell LaTourette Schakowsky f portunity to express our sadness over Doggett Latta Schiff the passing of our colleague, TOM LAN- PERSONAL EXPLANATION Donnelly Lee Schwartz TOS. Doolittle Levin Scott (GA) Mr. DAVIS of Kentucky. Madam Speaker, Madam Speaker and my colleagues, Drake Lewis (CA) Scott (VA) Dreier Lewis (GA) Sensenbrenner Tuesday, February 12, 2008, I was absent yesterday morning when I received the Duncan LoBiondo Serrano from the House due to travel complications. very sad news of Chairman LANTOS’s Edwards Loebsack Sessions Had I been present I would have voted: passing, that call was followed very Ehlers Lofgren, Zoe Sestak On rollcall No. 43—‘‘yes’’—H. Res. 954, Ellison Lucas Shadegg quickly by a call from the President of Ellsworth Lungren, Daniel Shays honoring the life of senior Border Patrol agent the United States expressing to me as Emanuel E. Shea-Porter Luis A. Aguilar, who lost his life in the line of Speaker, but through me to each and Emerson Lynch Sherman duty near Yuma, Arizona, on January 19, every one of you, his sadness over English (PA) Mahoney (FL) Shimkus Eshoo Maloney (NY) Shuler 2008; TOM’s passing and his words of praise Etheridge Manzullo Shuster On rollcall No. 44—‘‘yes’’—H. Res. 909, for TOM LANTOS’s leadership. I told the Everett Markey Simpson commemorating the courage of the Haitian President how appreciative I knew we Fallin Marshall Sires soldiers that fought for American independ- Farr Matheson Skelton would all be of his kind words and that Fattah Matsui Slaughter ence in the ‘‘Siege of Savannah’’ and for Hai- I would convey them to this House of Feeney McCarthy (CA) Smith (NE) ti’s independence and renunciation of slavery; Representatives. Ferguson McCarthy (NY) Smith (NJ) On rollcall No. 45—‘‘yes’’—H. Con. Res. Madam Speaker, you know that the Filner McCollum (MN) Smith (TX) 281, celebrating the birth of Abraham Lincoln Forbes McCotter Smith (WA) House, not only the House, the Con- Fortenberry McDermott Snyder and recognizing the prominence the Declara- gress, the country, has lost one of its Fossella McGovern Solis tion of Independence played in the develop- most talented leaders, and the world, Foxx McHenry Souder ment of Abraham Lincoln’s beliefs. Frank (MA) McHugh Spratt indeed the world, has lost one of its Frelinghuysen McIntyre Stark f greatest champions for human rights Gallegly McKeon Stearns b 1915 with the passing of Chairman TOM LAN- Garrett (NJ) McMorris Sutton TOS. He was a statesman, he was a gen- Gerlach Rodgers Tancredo EXPRESSING THE CONDOLENCES Giffords McNerney Tanner tleman, and he will be deeply missed. Gillibrand McNulty Tauscher OF THE HOUSE OF REPRESENTA- As the only Holocaust survivor ever Gingrey Meek (FL) Taylor TIVES ON THE DEATH OF THE elected to Congress, TOM LANTOS de- Gohmert Meeks (NY) Thompson (CA) HONORABLE TOM LANTOS, A voted his public life to shining a bright Gonzalez Melancon Thompson (MS) REPRESENTATIVE OF THE Goode Mica Thornberry light on the dark corners of oppression. Goodlatte Michaud Tiahrt STATE OF CALIFORNIA From his earliest days in the House, Gordon Miller (FL) Tiberi Mr. STARK. Madam Speaker, I offer when he founded with Congressman Granger Miller (MI) Tierney Graves Miller (NC) Tsongas a privileged resolution and ask for its JON PORTER the Congressional Human Green, Al Miller, Gary Turner immediate consideration. Rights Caucus, to his final days as

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 12, 2008 CONGRESSIONAL RECORD — HOUSE H851 chairman of the Foreign Affairs Com- powerless and give voice to the voice- he loved, and they loved him. Without mittee, he used his powerful voice to less throughout the world. saying, our sympathy goes to TOM’s stir the consciousness of world leaders Here at home, TOM LANTOS cham- wife and childhood sweetheart, An- and the public alike. pioned working families. Working fam- nette, their two daughters, Annette Because he had lost his mother and ilies had no better friend in the Con- and Katrina, and their many grand- so much of his family in the Holocaust, gress of the United States than TOM children and great grandchildren. his wife, Annette, his two daughters, LANTOS, and he was a strong leader in To appreciate, I guess, all that TOM Annette and Katrina, his grandchildren protecting our family for the future. accomplished, we ought to think a lit- and great grandchildren were the cen- He also authored key provisions of tle bit about his life before joining us ter of his universe. our landmark energy bill, which the here in Congress. He grew up in Hun- Madam Speaker, I told some of our President signed into law. Thanks to gary and survived Nazi labor camps. He colleagues earlier that TOM and An- TOM LANTOS, that law includes provi- arrived in the United States in 1947 on nette were a team in every way. sions that will help the United States an academic scholarship. And at Cus- Whether it was establishing the Human assume a greater leadership role in the toms, you think it is a problem to take Rights Caucus or working together for world to fight climate change. off your shoes now, at customs he was the benefit of his district and our coun- He will long be remembered for his greeted and they immediately con- try, they were a team. And all who efforts to expand and protect the Gold- fiscated his only possession, a Hun- knew TOM knew how devoted he was to en Gate National Recreation Area, garian salami. So they were as thor- his family and to Annette, whom he which is one of the Nation’s most vis- ough then as they are now. adored. They worked as a team, bring- ited national parks and a treasure for He married Annette in 1950, and he ing great intellect, experience, and Bay Area residents. I had the privilege also received bachelor’s and master’s compassion to their outstanding work of serving with TOM as we shared rep- degrees in economics and then moved in public service. resentation of the City of San Fran- on to San Francisco. He received those Annette was alone after the Holo- cisco, and it was one of the privileges at the University of Washington in Se- caust as well, and when they married, of my service in Congress, to work with attle. He moved to San Francisco and they had two daughters, Annette and him on behalf of the people of San began a 30-year career teaching eco- Katrina, who produced this wonderful Francisco. nomics at San Francisco State. In 1953, family of 18 grandchildren. Two daugh- Congressman LANTOS was also well he received a Ph.D. in economics from ters, 18 grandchildren. They said to known for his strong support of infra- the University of California at Berke- their parents, you lost your families in structure improvements, including the ley. the Holocaust. We are bringing to you expansion of BART service and other TOM was elected in 1980. Three years later he cofounded the Congressional a new family. And how proud TOM was mass transit solutions. Though his for all of that. leadership was felt around the world, Human Rights Caucus. Last month, he announced to us that Having lived the worst evil known to he always remained a fierce advocate he had been diagnosed with cancer and mankind, TOM LANTOS translated his for his constituents in the 12th Con- would not seek reelection. In that an- experience into a lifetime commitment gressional District. nouncement he said, and I quote him to the fight against anti-Semitism, for TOM LANTOS called himself ‘‘an Holocaust education, and commitment American by choice.’’ America is a here, ‘‘I will never be able to express to the State of Israel. stronger nation, a more caring nation, fully my profoundly felt gratitude to this great country.’’ TOM LANTOS was not only a champion a nation more true to its founding Similarly, this House and our coun- of human rights. He was an expert on ideals, because TOM LANTOS chose to try will never be able to fully express foreign affairs and diplomacy and the call this land his home. our gratitude for TOM’s decades of serv- security of our country. He had a rare My thoughts and prayers are with ice. He will be missed by his col- combination of extraordinary knowl- Annette, dear Annette, their daughters leagues, constituents, family, and the edge, great wisdom, extraordinary skill Katrina and Annette, his 18 grand- people whose basic human rights he and judgment, and a great moral com- children, and his great grandchildren. I fought for every day. pass. hope it is a comfort to them that so Madam Speaker, I ask unanimous He rallied us to the cause of defend- many people throughout the entire consent that the balance of my time be ing basic human freedom within the world mourn their loss and are praying controlled by the gentleman from Cali- borders of the most powerful countries for them in this sad time. fornia (Mr. BERMAN). and in the most remote places in the Good-bye, TOM, my friend. It was an The SPEAKER pro tempore. Is there world. He stood tall in the sometimes honor to call you colleague, a privilege objection to the request of the gen- lonely fight for the people of China and to serve with you, and a joy to be your tleman from California? Tibet. I was proud that we had the op- friend. There was no objection. portunity to work together, with the Mr. STARK. Madam Speaker, TOM Mr. DREIER. Madam Speaker, I yield President of the United States in a bi- will be remembered as a passionate ad- myself such time as I may consume. partisan way, to honor the people of vocate for human rights around the Madam Speaker, as is very evident, Tibet by presenting the Congressional world and a strong voice for better this is a sad day and evening for the Gold Medal to the Dalai Lama last schools and a cleaner environment. The House of Representatives, and, of year. TOM, along with Congresswoman obituaries and my colleagues tonight course, the Lantos family, and for all ROS-LEHTINEN, were coauthors of that will fill in many details and have much of the American people and all who are legislation. Thank you, Congress- praise for the wonderful job that TOM lovers of freedom. woman ROS-LEHTINEN. did in his period here. I just tried to ‘‘Tom Lantos devoted his life to shin- He fought to end the genocide in pick out a few things that he will be re- ing a bright light on dark corners of Darfur and recently helped enact legis- membered for. oppression.’’ That was a quote from lation to crack down on the Sudanese As the Speaker mentioned, he Speaker PELOSI in her official state- regime. He worked to strengthen sanc- worked to give a voice to the voiceless ment in responding to the tragic news tions against the military junta in in Burma, Tibet, wherever oppression of TOM’s passing. Burma and worked for the release of raised its ugly head. In Congress, as in I am going to quote Speaker PELOSI Aung San Suu Kyi. In just his first life, he was a doer, a leader, a fighter. once again, Madam Speaker. ‘‘Tom year as chairman of the Foreign Affairs Two years ago, TOM was arrested in Lantos devoted his life to shining a Committee, Congressman LANTOS also front of the Sudanese Embassy for pro- bright light on dark corners of oppres- helped enact the 9/11 Commission rec- testing the genocide in Darfur. sion.’’ ommendations to better protect the He swam every morning at 5:30 until We have heard that TOM LANTOS is American people. recently. He was a man who enjoyed the lone survivor of the Holocaust to Throughout his three decades in the and lived life to its fullest. ever serve in the Congress of the House, TOM LANTOS always used his ex- As has been mentioned, he is sur- United States. We know of his tremen- perience and intellect to empower the vived by a large and wonderful family dous accomplishments. We know the

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H852 CONGRESSIONAL RECORD — HOUSE February 12, 2008 fact that 58 years ago this coming July not be running for reelection. Of ily, but it is a sad day for our country. he and Annette were married. And we course, he had gotten the news of his TOM LANTOS had a backbone of steel know that he had an absolutely won- illness. And in that statement an- and a heart of commitment, compas- derful family. nouncing his retirement, Madam sion, and courage. His two daughters did provide those Speaker, he said, ‘‘It is only in the DAVID DREIER just mentioned my 18 grandchildren and two great grand- United States that a penniless survivor service on the Helsinki Commission. As children, and I have to say that I per- of the Holocaust and fighter in the chairman of that body for the House, sonally have had the opportunity to anti-Nazi underground could have re- with my friend CHRIS SMITH, we shared spend time with all of them. The rea- ceived an education, raised a family, responsibility for focusing on the son is that I am one of Annette and and had the privilege of serving the human rights of people, particularly TOM’s neighbors here on Capitol Hill, last three decades of his life as a Mem- within the European theater and par- and we always knew when the Lantos ber of the United States Congress. I ticularly in the Soviet Union, and we household was filled over at Justice will never be able to express fully my worked very hard at that. But no Mem- Court, because kids were running profoundly felt gratitude to this great ber of this body has been a stronger around all over that area, and it was country.’’ voice, a more compelling voice for the such a wonderful thing. Madam Speaker, one of the things rights of individuals, whatever their When I heard the Speaker say today that I regularly say about the United background, wherever they lived, and what TOM’s daughters said to him, the States of America, and I think like whatever the excuse was for acting fact that he lost his family in the Holo- most of the people who are here in this against them or undermining their caust would lead them to provide him Chamber at this moment, we were born rights. When TOM spoke, especially on with a family that he no longer had, here; and people who were born here matters dealing with human rights, obviously they did. I have known of no can have a tendency to take the great- America’s role in the world, the impor- parent or grandparent to be prouder of ness of the United States of America tance of confronting and defeating dic- their children and grandchildren than for granted. But I will say that TOM tatorial regimes, both the left and OM ANTOS Annette and T L have been of LANTOS demonstrated fully, through right, his words contained a moral their wonderful family, and having every single aspect of his life, the pro- clarity and intellectual gravity that heard Speaker PELOSI’s words, I now found appreciation that an immigrant was seldom matched. have an even greater understanding of has for something that many of us who Those of us who had an opportunity the importance of the role that An- are native born have a tendency to to be with TOM when we met with peo- nette and Katrina played in providing take for granted. And I regularly fight ple from around the world knew that them with that family. against that, and seeing someone like TOM LANTOS would be candid, diplo- b 1930 TOM LANTOS has played a big role in in- matic, but certain in his message. TOM, We got the news I read this morning spiring me. And I know there are other quite simply, was a man of great sub- in the paper that just last week the great immigrants who serve in this stance, an immigrant to America, like Prime Minister of Hungary was sched- Congress and obviously in this country so many immigrants before him and uled to present TOM with the highest as well. And I think that his life under- after, but few matching his contribu- honor that Hungary bestows on any- scores that. tion to our great country. one; and, sadly, he was too ill to re- As I look over and see our distin- Speaker PELOSI indicated that TOM ceive that honor. But we know that guished majority leader, Mr. HOYER, I referred to himself as an American by TOM regularly described himself as one am reminded of the great work that he choice. He was a great humanitarian. who was born Hungarian, but was did on the Helsinki Commission and, as His remarkable life serves as an inspi- American by choice; and I think that has been stated on the issues that Mr. ration to all of us, to his family, and to underscores the extraordinary impor- STARK raised, environment and other his country. He was an indomitable tance of immigration and the great im- issues. But when it came to fighting on spirit. His life story of course is well portance of what it is that has made behalf of human rights, in 1983 Annette known, and I will not repeat it here. the United States of America as great Lantos became the volunteer director Others will talk more specifically. as it is. of the Human Rights Caucus because of Last month, TOM was unable to at- One of the things, I am the first Re- her extraordinary commitment to that tend the United Nations Annual Com- publican to stand up but I am going to cause. And, obviously, it was led by memoration of the Holocaust. How- be turning this over to the distin- TOM through these so many years. ever, his daughter Katrina, married to guished ranking member on the Com- And I will just say that for me, per- one of our colleagues, Dick Swett, de- mittee on Foreign Affairs in just a few sonally, I was elected with TOM in No- livered his remarks, which called on minutes, but as the first Republican to vember of 1980, 28 years ago this com- the international community to, and I stand up, I have to say that one of the ing November; and this is a profes- quote, ‘‘dedicate ourselves to stopping greatest things about TOM LANTOS is sional loss, but obviously for so many current tragedies such as the genocide that he regularly transcended political of us, a very profound personal loss. in Darfur, and to preventing such inhu- party. He was known for the wonderful And I want to say to all of the family man cruelty in the future.’’ working relationship that he had with members how much I have appreciated Tens of thousands, hundreds of thou- the former chairman of his committee the friendship. Our thoughts and pray- sands, millions around this globe have who, as we all know, passed away sadly ers are with them. And the world is a lost an extraordinary voice for them, last year, our colleague Henry Hyde. better place, the world clearly is a bet- individually and collectively. And I regularly, as a member of the ter place for the life of TOM LANTOS. TOM went on to note that the ‘‘veneer Rules Committee, had the opportunity Madam Speaker, I reserve the bal- of civilization is paper thin.’’ That is a to see Henry Hyde and TOM LANTOS ance of my time, and ask unanimous lesson for all of us. We know that the come together, arm in arm, working consent that my colleague from Flor- mob can be uncaring of human rights, together on behalf of a very positive ida (Ms. ROS-LEHTINEN) be able to man- of individuals. TOM LANTOS focused on foreign policy for the United States. age the balance of our time. that issue when he said that that ve- Now, don’t get me wrong, there were The SPEAKER pro tempore. Is there neer is very thin. JOHN LEWIS, another more than a couple of occasions, espe- objection to the request of the gen- great humanitarian and champion of cially in the last couple of years, where tleman from California? individual rights and civil liberties. He there was disagreement between Henry There was no objection. went on to say, ‘‘We are its guardians, Hyde and TOM LANTOS. But time and Mr. BERMAN. Madam Speaker, I am and we can never rest.’’ Not only did he time again, both men demonstrated pleased and honored to yield to our ma- say that, but he lived his life without their extraordinary patriotism and jority leader 1 minute. rest for those he saw beleaguered. their commitment to the greatness of Mr. HOYER. I thank my friend for Until his last day on this Earth, TOM the United States of America. yielding. This is a sad day not only for LANTOS never rested because of what On January 2, just last month, our this institution, for those of us who he had seen and experienced. He was an friend TOM announced that he would were TOM’s friends, clearly for his fam- indefatigable advocate for human

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And now witz or at modern-day death camps in will never be able to express ade- with his passing it falls to us to honor Sudan. quately its gratitude to this great man. his enduring legacy, not just by speak- His defense of the national security His life and devotion to human rights ing on this floor of what he did, but policies would surprise and perhaps should serve as an inspiration to us all. committing ourselves to continue his rankle some, but not those of us who My thoughts and prayers, our advocacy for liberty and human rights. knew TOM as an unbeatable foe of Com- thoughts and prayers, and those of a There is no more fitting tribute to munist tyranny. grateful Nation, are with Annette and this wonderful man who lived a won- All of us here tonight have so many with the rest of TOM’s family and derful life marked by hardship, trag- stories to share about TOM, about his friends during this sad time. And in edy, and also triumph, and who now is life with Annette, and his vital work; this hour of bereavement, as we mourn at rest in God’s hands. and we will surely honor him in the the loss of this great man, what can we Madam Speaker, I especially want to months ahead in other appropriate finally say other than to thank God for speak of Annette. You cannot speak of ways. It is fitting, though, that we TOM’s life and work, and to repeat that TOM LANTOS without speaking of An- honor the life of this great patriot, for ancient refrain, ‘‘The Lord giveth, the nette. I don’t know of any couple that it was his work and his life that en- Lord taketh away, blessed be the name I have ever met that was in fact, as riched us. So tonight, rather than of the Lord.’’ well as in marriage-ceremony verbiage, merely mourn his passing, let us thank Ms. ROS-LEHTINEN. Madam Speak- two people who became one, kindred God that TOM lived among us and left er, I yield such time as he may con- spirits born of equal experience, equal- such a strong legacy for us to follow. sume to the gentleman from New Jer- ly committed with a passion and a I often said to TOM before our com- sey (Mr. SMITH), a member of our For- courage and an untiring commitment mittee hearings that it was a great tes- eign Affairs Committee, and someone on behalf of those who needed a voice. tament to a wonderful Nation that two who worked so closely with Chairman Annette is with us still and, therefore, naturalized citizens, witnesses to the LANTOS on human rights issues world- TOM is with us still. May we honor him, evils of communism and oppression, wide. remember him, and hold high the torch would serve as chairman and ranking Mr. SMITH of New Jersey. Madam that he held so high, so successfully for member of the committee charged with Speaker, I want to thank my good so long. developing and overseeing our foreign friend and colleague from Florida for God bless you, TOM LANTOS. policy efforts. And I cannot fully ex- her yielding and for her very eloquent Ms. ROS-LEHTINEN. Madam Speak- plain to TOM and his family my deep remarks, and for all of the fine state- er, I yield myself such time as I may gratitude to TOM for his service and for ments that have been made on behalf consume. his dedication. of Chairman TOM LANTOS. As we gather in this hallowed place And, Annette, our prayers are with Madam Speaker, as I think we all to honor the life and work of our be- you and your family. And how odd to know, Chairman LANTOS was one of the loved colleague, TOM LANTOS, our sor- say, as Mr. HOYER pointed out, how odd most gifted, articulate, smart, persua- row at news of his death is tempered by to say ‘‘Annette’’ without saying ‘‘Tom sive, and compassionate, and, I would our admiration for his extraordinary and Annette,’’ for they were a unit. add, courageous Members of Congress contributions to our great country. An Thank you, TOM. Godspeed, my friend. ever to serve. Over the years, I, like so unfailingly gracious and courageous I reserve the balance of my time. many other colleagues here in this man, TOM was recognized by colleagues Chamber, got to know and deeply re- b 1945 as a leader who left an enviable legacy spect and honor this great man. We of service to our country. We were for- Mr. BERMAN. Madam Speaker, I am traded places as chairman and ranking tunate indeed to have known him. An- pleased to recognize for 2 minutes the member of the International Human nette and the entire Lantos family gentleman from New York (Mr. NAD- Rights Subcommittee and worked have our heartfelt condolences. LER). seamlessly on North Korea, Sudan, TOM and Annette’s heroic journey to Mr. NADLER. Madam Speaker, I human trafficking, child labor, Jewish America through extraordinary adver- thank the gentleman for yielding. Refusniks, and China, just to name a sity is well known to us all and is the Madam Speaker, it is with a heavy few of the very difficult issues that topic perhaps for a future biographer heart that I rise today in support of were confronted. who can adequately capture the tenor this resolution. Like all of my col- In the 1980s, Mr. LANTOS played a sig- of life under the oppressive yolk of fas- leagues, I was deeply saddened to learn nificant role in dismantling atheistic cism during those terrible times more that our good friend, the distinguished communism in Eastern Europe, includ- than half a century ago. gentleman from California, TOM LAN- ing his native Hungary, as well as in TOM’s unsurpassed work as a cham- TOS, had passed away. And he was our the Soviet Union. pion of human rights and for human good friend, unfailingly courteous and A Holocaust survivor, TOM LANTOS dignity cannot be separated from his kind and helpful to all. had a special, well-focused empathy for fiery trials through which he passed as TOM has left an inspiring legacy, and those who suffered torture, degrading, a young man. his passing is a great loss to our coun- or inhumane treatment. He was espe- His life bears witness to the endur- try and to the entire world. Through- cially vocal and determined when it ance of the human spirit. As a col- out his life, TOM devoted himself to came to liberating political prisoners, league, TOM enjoyed the respect of his human rights and to the cause of per- and was a champion on behalf of the peers across the political spectrum, be- secuted racial, religious, and ethnic Dalai Lama and Burma’s Aung San cause all of us admired him as an ar- minorities. As a survivor of the Holo- Suu Kyi. dent American patriot. caust, and the only survivor ever to TOM LANTOS was bold and he was in- During our many meetings together, serve in Congress, he had seen first- cisive with both friend and foe alike, when we met with foreign leaders here hand real evil, and he became a tireless more often I am happy to say with the and abroad, his love of country was al- advocate for human rights. latter. In confronting dictatorship, he ways evident. He understood an old As a youth, he was a member of the refused to allow the banalities and ex- truth that all of us would do well to re- anti-Nazi underground, and his life’s cessive niceties of modern-day diplo- learn: united we stand, and divided we work was built on opposing anti-Semi- macy to obscure his clear and compel- fall. tism and all forms of racism and op- ling message concerning freedom, de- To be sure, TOM could be a vehement pression and attempted genocide, and mocracy, and human rights. critic of an administration policy dur- on supporting Israel, the country that On the issue of anti-Semitism, he had ing House debate. But he would not emerged as the haven for the survivors no equal. In the days immediately hesitate to remind a visiting group of and refugees from the Holocaust. prior to the infamous September 11 at- European parliamentarians to temper Congressman LANTOS once said, ‘‘I tacks on America, TOM LANTOS bril- their criticism of U.S. policy or risk will never be able to express fully my liantly defended both the United States being labeled as hypocrites for their profoundly felt gratitude to this great and Israel at the U.N. racism con- feeble resistance to genocide at Ausch- country.’’ But it is this Nation that ference held in Durban, South Africa, a

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We can all take comfort in the ing experienced the horrors of the Hol- that he stood between the Speaker and fact that he had a full life with a leg- ocaust firsthand, this was the most myself because his congressional dis- acy that will never be forgotten. sickening and unabashed display of trict was between ours. Mr. BERMAN. Madam Speaker, I hate for Jews I have seen since the TOM LANTOS was truly a gentleman. yield 2 minutes to the gentleman from Nazi period.’’ He was a gentleman with old world Georgia (Mr. LEWIS), the distinguished He went on, however, in a positive manners. He was a scholar. He taught chief deputy whip. vein to say, ‘‘The U.S. must urge economics. When he spoke, everyone Mr. LEWIS of Georgia. Madam friendly Middle Eastern countries to knew he was scholarly, and so the old Speaker, I rise with a heavy heart to recognize the link between hate- term ‘‘a scholar and a gentleman’’ real- pay tribute to our friend and colleague, mongering and violence. Arab states, ly belonged to TOM. TOM LANTOS, this good and decent man, meanwhile, need to look deeply within He was an immigrant, and I think, an American by choice, but a citizen of themselves, analyze their missteps, during these times when immigrants the world. He was a warrior for human cease the inflammatory lies, and em- are not fully appreciated, that TOM rights, a warrior for justice and fair- brace the path of openness and polit- LANTOS should remind us of what ness. He spoke up and he spoke out for ical reform, realizing their citizens’ comes to this country in terms of im- people around the world. positive energy.’’ migrants. He came here, as he said, Madam Speaker, the world commu- He went on to say, ‘‘We cannot defeat penniless, but he came here and nity has lost a powerful voice for terrorism if our coalition partners con- brought his hopes and aspirations. Who human rights and for human dignity. tinue to peddle the hate that breeds it. would have thought when TOM LANTOS How do you honor a man? How do ‘‘The Cold War ended with the col- came through Customs and the Immi- you pay tribute to a man like TOM lapse of international communism, but gration Service that he would one day LANTOS? We could name buildings, in the resulting vacuum, radical forces come to the House of Representatives streets, schools, post offices, but the bent on spreading fundamentalist and, in the day after he died, that all of best way for us to honor TOM LANTOS is ideologies have arisen, propelled by the these accolades that he so is deserving to pick up where he left off, continue very globalization developments they of would be said about him. to fight for human rights, continue to often sustain. The U.N. World Con- A poet wrote, ‘‘And so he passed on, fight for peace, continue to build a ference on Racism provided the world and then all the trumpets sounded on world community at peace with itself. with a glimpse into the abyss of inter- the other side.’’ God rest your soul, TOM, thank you for all you did to national hate, discrimination, and in- TOM. Thank you for what you have make us all free. We will miss you my deed, racism. The terrorist attacks on given to America and thank you for friend, my colleague, my brother. September 11 demonstrated the evil what you did in the House of Rep- b 2000 such hate can spawn. If we are to pre- resentatives. Thank you for what you vail in our war against terrorism, we did for the people of the 12th Congres- Ms. ROS-LEHTINEN. Madam Speak- must take to heart the lessons of Dur- sional District. We are forever grateful. er, I yield as much time as he may con- ban.’’ Ms. ROS-LEHTINEN. Madam Speak- sume to the ranking member of the Vintage TOM LANTOS, and as always, er, I am proud to yield such time as she Armed Services Committee, Mr. a man who was almost like a prophet, may consume to the gentlewoman from HUNTER, a member of the California speaking boldly, incisively, and with Illinois (Mrs. BIGGERT) to share her delegation who worked so closely with great clarity. Finally, I want to say, thoughts about our beloved friend, TOM Chairman LANTOS on a range of issues. Madam Speaker, that my wife, Marie, LANTOS. Mr. HUNTER. Madam Speaker, I and I will deeply miss our dear friend Mrs. BIGGERT. Madam Speaker, I can’t match the eloquent statements TOM LANTOS, and our prayers are with thank the gentlelady for yielding to about TOM that have been made by my and for Annette and his family at this me. colleagues; but I thought I might share most difficult period of time. Madam Speaker, I rise today to say just a few thoughts that came to my Mr. BERMAN. Madam Speaker, I rec- good-bye to a good man and a cher- mind, not only today, but every day ognize for 21⁄2 minutes TOM’s colleague, ished colleague. Chairman LANTOS was that I saw TOM LANTOS. the gentlewoman from California (Ms. one of those most respected and distin- First, he was a guy of extreme com- ESHOO). guished Members of the U.S. House of petence. And if you wanted to get to Ms. ESHOO. Madam Speaker, I thank Representatives, and he will be missed. the heart of a matter quickly, and you my colleague for yielding. During his 14 terms in this body, he wanted to probe a situation in foreign Madam Speaker, and to all of the championed the causes of people every- affairs quickly, or a matter of national Members of the House, I rise this where who face oppression and cruelty. policy, and you had a national leader, evening with a sad heart. The first Through his leadership of both the For- international leader in front of you, thing I want to say is to offer my spe- eign Affairs Committee and the Human and TOM LANTOS was asking questions, cial condolences to Annette Lantos, Rights Caucus, he guided U.S. policy he did a great cross-examination. And the love of TOM’s life, actually as has with morality and integrity. he brought the facts out very quickly. been said earlier this morning, child- As I listened to Ms. ESHOO, she used But, you know, lots of people can do hood sweethearts, to his two excep- the same words as I would say of him. that. tional daughters, to his son-in-laws, 18 He was truly a gentleman, one of those There were some special qualities grandchildren and two great grand- rare breeds of old world statesmen who that TOM LANTOS had that reflected children. brings clarity and respect to our na- and illuminated his life and always im- I have known TOM LANTOS for many tional debate. And while he was indeed pressed me every time I saw him. One decades, long before I came to the an accomplished speaker, Chairman was his great dignity. He walked in House of Representatives. And I re- LANTOS inspired not only by his words dignity. And it wasn’t a pride; it wasn’t member that November of 1980 where I but by his own personal story. I think an egotistical thing. It was a respect think he was the only Democrat that we will all remember him standing for his fellow man that emanated from won in challenging a Republican. It here in this Chamber, straight rail pos- him and seemed to illuminate the room was a real upset in the 12th Congres- ture, and saying ‘‘after you, my dear,’’ when he walked in, and when he took sional District. And so tonight I am always the gentleman. his place, and when he asked questions, thinking about the people of the 12th From his tragic experiences in the and when he worked on these impor- Congressional District because they Nazi camps to his rise in Congress, he tant issues of the day.

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And, the Nazis; he fought them in the anti- of humanity that we needed to learn Madam Speaker, I think that it must Nazi underground during World War II. from the experiences of the Holocaust, surprise many folks who watch this, His personal history added to the never forgetting that he served here as watch the leadership in this Nation, gravitas of everything he said and ev- one who had survived that terrible and look at this Capitol, look at this erything he did here in Washington. tragedy and dedicated, as he was, to body, in this city, where so much tal- TOM was our Nation’s most passionate, seeing that it would never reoccur. ent is focused on powerful national in- eloquent, and respected advocate for He made sure that we all knew, and terests, that we have leaders like TOM human rights, for democracy and for such a lesson I have, that those who do LANTOS, perhaps the finest leaders, the freedom. TOM never bowed to political not learn from history are doomed to ones with the greatest talents, who pressure in the face of any humani- repeat it. focus those talents not on powerful in- tarian atrocity. I learned so much from my colleague, terests or the protection of those inter- As our friend, GARY ACKERMAN, TOM LANTOS. I can just see him sitting ests, but, in fact, on the interests of pointed out, in a town with too many in his regular spot there. So our heart- those who have no station, who have no sheep, TOM LANTOS was a lion, for felt condolences are extended to An- money, and in many cases have no Darfur, for Tibet, wherever human nette, to the children, to the 18 grand- hope. rights were trampled. And of course children, one of whom I had the privi- And I think that’s a great trademark TOM LANTOS led the walk out in 2001 lege of hearing as she testified to our of this Nation and certain special lead- from the Durban South Africa U.N. Health Subcommittee. Beautiful opera ers, like TOM LANTOS, that gives us, conference when that conference de- singer. TOM was so proud of her. Coura- gives this country respect from those generated into an anti-Semitic geous enough to talk about her rare around the world, not just people who hatefest. health condition. live in places of power or who occupy Madam Speaker, I came here as a tax We celebrate his life tonight dedi- places of power in foreign governments, professional expecting to serve on the cated to our commitment to not let- but all those around the world who Ways and Means Committee someday. ting his many achievements go look at this American forum here, this And when that day arrived, TOM LAN- unforgotten. forum of leadership and governance in TOS convinced me to stay involved in- Mr. BERMAN. Madam Speaker, I Washington, DC, and who saw people stead on the Foreign Affairs Com- yield 21⁄2 minutes to another colleague like TOM LANTOS, perhaps tough to fig- mittee. He convinced me with his of TOM’s from California, the ure out in many ways, but when it got words, but more than that he con- gentlelady from California, BARBARA right down to it, they understood that vinced me with his example. He was LEE. in this country, the dignity, the value courteous, gracious, beyond what you Ms. LEE. Madam Speaker, I rise this of human beings is still very central to expect; but more than that, he was pas- evening to honor the courageous life of this wonderful country that we call sionate and he was eloquent. And he our dear friend and colleague, Chair- America. was an example of what it is to be a man TOM LANTOS. So it’s with a lot of sadness that I see great advocate for human rights here I am deeply saddened by the loss of TOM LANTOS, a guy who came in the in Congress. He will indeed be missed, Chairman LANTOS, and I would like to same year I came in, in 1980, along with not only by Annette and the entire first offer my deepest condolences to Mr. DREIER, leave us. And I just hope LANTOS family, but also by people Annette, his family, friends and staff, that we all look at that model now and around the world. and of course California’s 12th Congres- again when we have tough and difficult Ms. ROS-LEHTINEN. Madam Speak- sional District. times, because the last great quality er, we will continue to reserve for two And I have to thank Mrs. Lantos and that TOM LANTOS had was conciliation. more speakers, and then we’ll recog- TOM’s entire family for sharing this And you could have fierce fights on nize Mr. SHAYS. great human being with the entire issues, and yet he had that wonderful Mr. BERMAN. I am very pleased to world. quality of being able to reconcile with yield 2 minutes, Madam Speaker, to Chairman LANTOS was an exceptional his adversaries and find common the gentlelady from California, TOM’s human being, and we’re hearing much ground in the next great issue that was colleague from California, LOIS CAPPS. of this tonight. But I’ve always said, before you. Mrs. CAPPS. Madam Speaker, what a To know him was to love him. Mr. BERMAN. Madam Speaker, I privilege it is to join my colleagues His life embodied the true meaning of yield to the gentlewoman from New today in paying tribute to our fellow courage and the power of the human York (Ms. SLAUGHTER). Californian, the Honorable TOM LAN- spirit. As the sole member of his family Ms. SLAUGHTER. Madam Speaker, I TOS, who so wonderfully represented to survive the Holocaust, Chairman want to say a word about my friend, his constituents during his three dec- LANTOS made it his life’s mission, and TOM LANTOS. I had the opportunity to ades in Congress. we all know it was his life’s mission, to travel with TOM, and I served with him As we know now, TOM LANTOS’ jour- fight for the oppressed. some 20 years here. Believe me, a giant ney from Hungary to the Halls of Con- Throughout his years in Congress he of a man has fallen. As grief stricken gress was an extremely remarkable fought tirelessly to ensure human as we are here, we need to know that one. His life told the story of the ful- rights issues always had an important throughout the world tonight there are fillment of the American Dream. He and visible place within these Halls. people who were touched by TOM LAN- embodied that dream and, equally im- And as the founder of the Congres- TOS in many ways whose hearts are portant, he knew not to take what sional Human Rights Caucus, he con- broken. America offered him for granted. tinually reminded us that combating And to his beloved Annette, and to Even as he rose to leadership, he con- injustice anywhere and everywhere in his daughters and family that he loved tinued to champion the cause of human the world was not only the right thing so much, we give our great condolences rights for oppressed people around the to do, but it was our duty as elected and our love forever. world, his signature issue. He was representatives of the people. Mr. BERMAN. Madam Speaker, I am fiercely loyal to those attributes of I had the privilege to work alongside pleased to yield 2 minutes to TOM’s col- this Nation, which had attracted him this giant of a human being on so many league from California, and the sub- here to the country he chose to become issues. As a former member of the For- committee chair on the House Foreign a citizen of. eign Affairs Committee for 8 years, we Affairs Committee, Congressman BRAD Who of us will forget TOM LANTOS’ worked together on a number of issues SHERMAN. first action, becoming chairman of the that we both cared passionately about, Mr. SHERMAN. Madam Speaker, Foreign Relations Committee, holding including legislation to combat the we’re all deeply saddened by the pass- some of his first hearings as chairman global HIV/AIDS pandemic, to end the ing of TOM LANTOS. He not only made to address the human rights violations genocide in Darfur, to address the history here in Washington; he em- occurring today in Darfur? needs of orphans and vulnerable chil- bodied history, having survived the By never forgetting his own roots, he dren, and, of course, to end the occupa- Holocaust. And he didn’t just survive became an advocate for all the lessons tion of Iraq.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H856 CONGRESSIONAL RECORD — HOUSE February 12, 2008 And I will always remember the re- TOM LANTOS loved America. And yes I sit with honor among my colleagues spect, and his wisdom and his insight TOM LANTOS adored his wife, Annette. on Foreign Affairs. I had the privilege and his guidance, as he helped me navi- He adored his two daughters, Annette to be trained at the State Department gate the legislative process with the and Katrina, adored his grandchildren, twice with his son-in-law, one of those late Chairman Henry Hyde on the HIV/ adored his great-grandchildren. And rare specimens of humanity that he al- AIDS legislation. I imagine that they you could be his friend if you were will- lowed to marry Katrina, his daughter. are, at this moment, renewing their ing to listen to him talk about all of And I said to TOM after Katrina in Lou- wonderful friendship. his loved ones. isiana, ‘‘I’m so sorry that Katrina has I will also miss our personal con- But woe be to any man that sought to go around through life after this ter- versations, especially about his grand- to marry his daughters or his grand- rible, terrible hurricane and present children, my grandchildren, his great daughters. They were mere mortals. He herself as ‘Katrina.’’’ grandchildren. He knew all of their expected more for his daughters and He said, ‘‘She’s strong like I am. She names, and he knew all of their birth granddaughters. can survive.’’ dates. I would say his son-in-laws, his But I knew that when he called on Also, we have to remember TOM loved grandson-in-laws, are very brave souls. me to lead the delegation to Italy, animals; his deceased Gigi and of Can you imagine going up to TOM and something that he looked forward to course now Chippy. I mean, it was saying, ‘‘I would like to marry your every year to continue our dialogue amazing that this giant of a human daughter’’? That would take true cour- with Great Britain, I knew something being was such a gentle man. age. was not right, but that proud, distin- I know that we must rededicate our- Now, granddaughters-in-law were an- guished, tall-standing human being selves to TOM’s life. His spirit is in us, other story. They were deemed worthy. never uttered a word. And so I kind of and I will miss him. I will miss his He embraced them immediately. knew something was up. love. May he rest in peace. I hope, I truly hope and pray Con- When I got back, I said to him, What a gentleman. gress finds a way to immortalize this ‘‘Thank you for the honor of going to Ms. ROS-LEHTINEN. Madam Speak- great man in important legislation Portofino and leading the group in er, I am pleased to yield such time as that will forever bear his name. We your place.’’ He said, ‘‘Ambassador, you deserve that,’’ and never said an- he may consume to Mr. SHAYS from have Pell grants, and Fulbright Schol- other word. Connecticut, a former member of our ars. Those are names that I have heard Then he called us together and he Peace Corps, who served, along with almost all of my life. TOM LANTOS de- said, ‘‘Travel, learn what is happening serves to have this kind of recognition. his wife, a good team, just like TOM around this globe.’’ And that is what TOM LANTOS believed in smart power and Annette, and who shared TOM’s we are doing. We are carrying on his for this country. He advocated a strong faith in the human spirit, and a fighter legacy by learning the world, knowing military, wise diplomacy, and strategic for human rights as well. it the way he did. use of economic power. But TOM wasn’t b 2015 We will certainly miss this giant of a just a great man of this Nation. He was Mr. SHAYS. Madam Speaker, as a human being. a great man in this world. Mr. BERMAN. Madam Speaker, I now new Member of Congress, TOM LANTOS Let me say it slightly differently. He yield 2 minutes to the gentlelady from took me under his wings. He was my is a great man of this Nation. He is a Florida (Ms. WASSERMAN SCHULTZ). chairman of the Labor and Health Sub- great man of this world. His light will Ms. WASSERMAN SCHULTZ. committee of the Government Reform be forever and we cannot forget him. Madam Speaker, with the death of Con- Committee, and I was one of its most Ms. ROS-LEHTINEN. Madam Speak- gressman TOM LANTOS, the world lost active members. I got to know this er, this side has no further requests for an inspiring leader who dedicated his man up close, and I know no one like time, and I would like to offer our re- life to religious freedom and human him. maining time to the gentleman from rights. TOM LANTOS adored his wife, An- California (Mr. BERMAN). Now, it has been noted that TOM was nette, his two magnificent daughters, The SPEAKER pro tempore. Without the only Holocaust survivor to serve in Annette and Katrina, and all of his glo- objection, the gentleman from Cali- Congress, and I think it’s important to rious grandchildren and now great- fornia will control the balance of the note that with the sun setting on this grandchildren. He simply adored them time. generation of Americans, he will very all. There was no objection. likely remain the only Holocaust sur- A Holocaust survivor, TOM LANTOS Mr. BERMAN. I thank the gentle- vivor to have served here. could not be intimidated by anyone. He woman very much for doing that and His leadership and guidance served as was brilliant, passionate, courageous, appreciate her and all the comments of the moral conscience of America’s tough almost to the point, let’s face it, our colleagues from that side of the commitment to protecting human of being brutal, but he was also kind, aisle. I think they were a fitting trib- rights. He lived the concept of ‘‘never gentle, loving, and lots of fun. He had ute to TOM and his bipartisan approach again,’’ and he stood against persecu- a great sense of humor. to foreign affairs and to issues that go tion all over the globe. TOM was the most eloquent person I far beyond party divisions. For me, I would like to get a little have ever known. It was hard some- I am pleased to yield 21⁄2 minutes to bit personal myself. As a newer Mem- times not to feel inadequate in his another of TOM’s colleagues from Cali- ber of Congress, I can tell you that presence, but the fact is, he would fornia and the House Foreign Affairs since I got here, TOM LANTOS always never have wanted you to feel that Committee, Ambassador DIANE WAT- made me feel like my grandfather was way. He would always make me feel SON. looking out for me. He always had a like the best was always ahead of me Ms. WATSON. Madam Speaker, I word of encouragement, always made and that I should think big thoughts. want to add my remarks to those of my me feel good about myself. If I felt a He was a natural teacher. He taught colleagues, but I have got some per- little shaky, I could turn to TOM, and by example and by the questions he sonal things to tell you. he would tell me, ‘‘Honey, it’s okay. Go asked, and he expected you to grow and Yes, he had that compassionate spir- out and just do your best. You are to be a better person. That was your it. His unwavering concern for indi- going to do great.’’ He would always duty. And your duty, also, was to be of vidual human rights and his deep offer those words of encouragement. So service to others. knowledge of the world were an inspi- that was really an incredible feeling to It is no secret that TOM and Annette ration to us all. I remember when my have that kind of support. were both, are both, very strong-willed predecessor passed away, I got a call at As a young Jewish American, I can people. I marvel at how they were able my embassy saying that if you should tell you that we all believed that Rep- to be such a powerful team and raise come to Congress, there is a place on resentative LANTOS served as a role such a truly unbelievable, fantastic, Foreign Affairs for you. I hadn’t even model for what we want public service magnificent family. They were, and said I was going to come. Well, the re- to be. His dedication to lifting up op- are, an awesome couple. sults were I did. pressed people throughout the world

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 12, 2008 CONGRESSIONAL RECORD — HOUSE H857 serves as our personal inspiration. And Ms. JACKSON-LEE of Texas. Madam survivor ever to serve in Congress, Congress- I know that his service was a tremen- Speaker, so many of us have risen and man LANTOS brought a moral voice to Wash- dous source of pride for the Jewish expressed how heavy our heart is to- ington, and he relentlessly drew U.S. attention community across this country and for night. Those of us who served on the to those suffering throughout the world. It has his constituents. Foreign Affairs Committee with the been my extreme honor and privilege to serve I, and countless others, feel a deep late Chairman TOM LANTOS see every on the Committee on Foreign Affairs, under sense of loss in his passing, but we take day, as we come into that room, his re- Chairman LANTOS’ leadership. solace in the knowledge that the world galness, his royalty, but yet his hum- Since he was elected to Congress in 1981, is a better place because of this great bleness. We also get to see the family, Congressman LANTOS has used his position in individual. his wonderful staff, and his lovely and Congress to combat violations of fundamental Mr. BERMAN. Madam Speaker, I am solid friend, bride, wife, and enor- human rights. Almost immediately following his 1 pleased to yield 2 ⁄2 minutes to the gen- mously important person, his wife, An- election, Congressman LANTOS established tleman representing the State that nette. the Congressional Human Rights Caucus, TOM had such close connections to, the I got to see them working together. I which, for over two decades, has focused con- gentleman from New Hampshire (Mr. saw TOM’s passion in the committee gressional attention on struggles against op- HODES). room. He was not afraid of hard issues, pressive regimes and human suffering across Mr. HODES. Madam Speaker, it was with great sadness that I learned of and I am so proud to have been able to the globe, including in China, Russia, Burma, have joined him as a member of his and Darfur. I have been proud to stand beside TOM LANTOS’ passing yesterday. As our colleague and our friend, we knew him Human Rights Caucus and to serve in him, as a member of the Congressional to be a man of incredible courage and his absence on a number of occasions Human Rights Caucus, and I know my col- strength, a man who had overcome un- when we talked about the abuse of chil- leagues share my commitment to ensuring imaginable adversity to serve as a dren around the world or the abuse and that his work here in Washington continues. voice for justice against the dark the violence against women around the As a fierce advocate of human rights, he forces of human evil. world. continually pressed the Bush administration to TOM was born to Jewish parents in TOM was a fighter. We know that as take steps to prevent the state-sanctioned Hungary. He was 16 when Hitler’s army the only Holocaust victim and survivor massacre and rape of hundreds of thousands marched in to occupy his birth country to have come to this place. He talked of people in Sudan’s Darfur region. On April in 1944, and he tragically lost much of unwavering about human rights and 28, 2006, I was honored to stand side by side his family in the Holocaust. TOM cou- the standing up against despots, and he with Congressman LANTOS and protest the rageously escaped from forced labor never feared in doing so. The Human role of the Sudanese Government in carrying camps not once, but twice. Rights Caucus became part of him. out genocide in the Darfur conflict. Here in Congress, he rose to the When you saw TOM walking, you knew As chairman of the Committee on Foreign chairmanship of the Foreign Relations he exuded a fight for human rights. Affairs, Congressman LANTOS did not shy Committee with the unique perspective He also was concerned that we conaway from controversial issues. Under his and the power of real moral authority. tinue to fight in this Congress against leadership, the committee passed a resolution Promoting human rights for all is a oppressive regimes. So even though calling on the Japanese Government to end part of his lasting legacy. Those who there are advocates for China and Rus- wartime sex slavery by its military, and an- follow TOM LANTOS in that cause have sia, Burma, and certainly there is con- other resolution recognizing the massacre of a high bar to match. stant opposition from the Sudanese Armenians by the Ottoman Empire as geno- TOM and his beloved wife, Annette, Government, he never wavered on cide. He has brought landmark anti-trafficking were blessed with a wonderful and ex- Darfur. You heard someone say he was legislation before the committee, held hearings traordinarily talented family, includ- even arrested. condemning internet giant Yahoo!’s complicity ing my dear friend, his daughter, Dr. with the Chinese suppression of dissidents, b 2030 Katrina Swett, TOM’s son-in-law, Am- and, tomorrow, the committee is scheduled to bassador Dick Swett, our former col- I’ve been proud to stand with him on consider a groundbreaking reauthorization of league who held the seat I now hold. these fights. the PEPFAR global AIDS relief program. They and their family are my neigh- He led the fight to end wartime sex Congressman LANTOS was a truly coura- bors in my home State of New Hamp- slavery by the military; another reso- geous man, and a true leader for our Nation. shire. TOM was a frequent visitor to the lution recognizing the massacre of Ar- His legacy is best expressed in his own Granite State, a remarkably devoted menians by the Ottoman Empire as words, ‘‘It is only in the United States that a father, mentor, grandfather, and great- genocide; and, yes, he held hearings penniless survivor of the Holocaust . . . grandfather. He was a patriarch in the condemning Internet giant Yahoo’s could have received an education, raised a best sense of the word, and on behalf of complicity with Chinese oppression of family and had the privilege of serving the last all of New Hampshire’s citizens, we dissidents. And I tell you, he didn’t three decades of his life as a Member of Con- mourn TOM’s passing as one of our own. worry about whether that was a congress. I will never be able to express fully my I am honored to have served with stituent; he only worried about human profoundly felt gratitude to this great country.’’ such a remarkable and accomplished rights. I offer my condolences to the family of Con- individual. He was the first Member of Thank you, TOM, for letting us know gressman LANTOS: his wife Annette; his two Congress to welcome me when I ar- your family. I met his daughter, daughters, Annette and Katrina, and 18 grand- rived. He was an inspiration to me. Katrina, and Dick in New Hampshire. My thoughts and prayers are with his children and 2 great-grandchildren. I also join What a wonderful spirit they had. I am family during this time. I know they with other Members of Congress in mourning certainly saddened by his loss, but the will take solace in the lasting legacy the passing of an extraordinary person, leader fighter he was should live in us. that their beloved husband, father, and colleague. grandfather, and great-grandfather left TOM, rest in peace. May God bless Thank you, Madam Speaker. I urge my col- us. you. We fight on with you. leagues to join me in supporting this resolu- He showed us that even in the dark- Ms. JACKSON-LEE of Texas. Madam tion, and in recognizing our distinguished col- est corners of the human experience, Speaker, I rise today in support of H. Res. league. one strong, clear voice, one irrepress- 975, ‘‘expressing the condolences of the REP. TOM LANTOS (D-CA) DIES ible beacon of light can stand as an un- House of Representatives on the death of the Rep. Tom Lantos (D-CA), an important wavering candle whose flame will never Honorable Tom Lantos,’’ and to express my voice for Tibetan freedom, died today at the go out. profound sadness upon the passing of my ex- age of 80. He had served 14 terms in the U.S. House of Representatives. Thank you, TOM. tremely distinguished colleague. Mr. BERMAN. Madam Speaker, I Madam Speaker, it is with deep sadness Born into a Jewish family in Budapest, Hungary, he twice escaped from a forced 1 yield 2 ⁄2 minutes to the gentlelady that I mourn the passing of my colleague Con- labor camp in Szob during the Nazi occupa- from Texas (Ms. JACKSON-LEE). gressman TOM LANTOS. Chairman LANTOS was tion of his country. The second time, he was (Ms. JACKSON-LEE of Texas asked an extraordinary leader, a man who dem- sheltered by Swedish diplomat Raoul and was given permission to revise and onstrated, by his life, that one individual truly Wallenberg. After the Soviet army liberated extend her remarks.) can make a difference. As the only Holocaust Hungary, he discovered that his parents and

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He was also co-chairman and go to him; and he was grounded and TOM’s heart than that of ‘‘human founder of the Congressional Human Rights helped me with them, just as he did rights.’’ And forever I will remember Caucus, a group dedicated to raising aware- Congresswoman WASSERMAN SCHULTZ. him as a teacher and a mentor when- ness about human rights violations around America has lost a great leader, and ever the subject of human rights is the world. I feel like I have lost a member of my being debated or under discussion in Rep. Lantos was a tireless supporter of the family. I am fortunate to have known Tibetan independence movement and His Ho- this institution. liness the Dalai Lama. His contributions are him. JOHN LEWIS and TOM LANTOS are As others have said earlier, Chairman too numerous to count, so I’ll point you to the two saints of Congress; we’ve lost LANTOS would not have had it any one of the most recent: his speech in San one, we have another. other way other than for us to continue Francisco for the 2007 Tibetan Uprising Day. Mr. BERMAN. I am pleased to recog- the fight and to advocate for human He also joined Richard Gere and Robert A.F. nize the gentleman from Missouri, Mr. rights whenever necessary, and for that Thurman in talking about his friendship RUSS CARNAHAN, for 2 minutes. matter, also to defend freedom and de- with and admiration for His Holiness as part Mr. CARNAHAN. Madam Chairman, mocracy throughout the world. We of A&E Biography’s 1997 documentary Dalai my deepest condolences to the Lantos have a saying in the islands, Madam Lama: Soul of Tibet. In addition, Rep. Lan- tos was the driving force behind the award- family. Thank you for sharing him to Speaker, to my friend TOM LANTOS, ‘‘Ia ing of the Congressional Gold Medal to His perform his remarkable public service manuia lau faiga malaga’’; may you Holiness last year. When the House of Rep- here. have a great voyage in the afterlife, my resentatives ultimately voted to give His Ho- It is, indeed, an honor and a privilege friend, Chairman TOM LANTOS. liness the honor, he said: to have known TOM and Annette Lan- Mr. BERMAN. Madam Speaker, I ‘‘In his quiet but persistent way, His Holi- tos, a remarkable American success yield myself 3 minutes. ness the Dalai Lama has devoted his life to story, a remarkable American love The SPEAKER pro tempore. The gen- asserting the Tibetan people’s rights, lifting story. tleman is recognized for the balance of their spirits and upholding their dignity. By his humble personal example, through his I first met Mr. LANTOS as a new the time. prolific writings and in his addresses to audi- Member after the 2004 elections and Mr. BERMAN. I thank the Speaker. ences in every corner of the earth, the Dalai was awed by him. His life story and A great deal has been said about TOM Lama has provided exceptional service to hu- internationally renowned fierce voice LANTOS this evening, wonderful, elo- mankind. Such a vast contribution to the for human rights everywhere will con- quent words that captured just the pro- betterment of our world deserves special rec- tinue to lead and inspire us for years to found effect that he had on this insti- ognition and support. After nearly three dec- come. tution. Many serve in this institution. ades of friendship with His Holiness, I am I am truly indebted to TOM LANTOS Some leave a mark on their districts of deeply honored and proud to have rallied my their presence here; some leave a last- colleagues to award him the Congressional for his gentlemanly demeanor and gen- Gold Medal. We can now look forward to the erous time and advice for me as a new ing mark on the institution. It’s hard day when he once again meets with members Member of this House and on his For- for me to think of anyone who left such of Congress—this time to stand before us all eign Affairs Committee. His giving na- a mark around the world as Chairman to receive this unique and well-earned ture, keen intellect, and passionate ad- LANTOS did in so many different areas. honor.’’ vocacy were part of the decency in You read that statement that DAVID Mr. BERMAN. I am pleased to recog- what is right about this House of Rep- DREIER read earlier, and I’m going to nize my friend and colleague from Ten- resentatives. read it again because it captures his nessee, Mr. STEVE COHEN, for 2 min- Mr. Chairman, TOM, we will miss you, love of this country. He and Annette, utes. but not soon forget you. they were the greatest Americans be- Mr. COHEN. ‘‘Tom,’’ as he would in- Mr. BERMAN. Madam Speaker, I am cause they knew what the alternative sist on being called, was a special per- very pleased to yield to TOM’s good had been, and they paid back with son. I’m a freshman, and he befriended friend, chairman of the Asia Sub- their work and with their gratitude me in my first year. committee of House Foreign Affairs what America offered them. Back, I think it was last January, Committee, ENI FALEOMAVAEGA from This is TOM LANTOS’ words after he is there was an article in The Hill, and it American Samoa, 2 minutes. diagnosed with a very advanced stage described my apartment. And my Mr. FALEOMAVAEGA. Madam of esophageal cancer, ‘‘It is only in the apartment was described as spartan, Speaker, I thank my good friend, the United States that a penniless survivor and that’s probably effusive. And we gentleman from California, our chair- of the Holocaust and a fighter in the had a Judiciary Committee meeting man-to-be of the House Foreign Affairs anti-Nazi underground could have re- with Justice Pryor and Justice Alito, I Committee, and also my good friend ceived an education, raised a family, think there were just six or seven or and distinguished ranking member of and had the privilege of serving the eight of us there, and I choose to go to our committee, the gentlelady from last three decades of his life as a Mem- that meeting rather than the Yom Florida (Ms. ROS-LEHTINEN). ber of Congress. I will never be able to HaShoah program at Statuary Hall. Madam Speaker, I, too, would like to express fully my profoundly felt grati- And I felt bad about that because I had express my most profound sorrow and tude to this great country.’’ attended all those programs in Ten- to extend my sympathies to Chairman He not only loved America; he hated nessee and felt strong about the Holo- LANTOS’ dear wife, Annette, and their tyranny and oppression. And I served caust. And I rushed up here at the end two daughters and 18 grandchildren. with TOM on the committee for 26 of and I saw Mr. LANTOS and I went up It is my privilege to participate in his 28 years in the Congress, and that and I said, Mr. LANTOS, I’m sorry, I this Special Order and pay special trib- anger and hostility and willingness to missed the meeting. He said, First of ute to our colleague and chairman of fight against dictatorship and tyranny all, it is TOM. And I said, Well, okay, the House Foreign Affairs Committee, covered the dictatorships of the com- TOM. And I said, I went to this Judici- the gentleman from California, Con- munist regimes, and it covered the dic- ary meeting and I made a mistake; I gressman TOM LANTOS. tatorships and the oppression of the should have come here, I know. And he Without equal, Madam Speaker, rightwing authoritarian regimes. He said, No, you didn’t; you did the right Chairman LANTOS was a champion and wasn’t one side or the other; he was thing going where you belonged. You advocate throughout the world for the against tyranny for human rights. belonged in committee. You can go basic rights and dignity and decency of Stood firm. again next year. And then I walked all human beings, regardless of race, It’s very easy for us to attack forces away and he stopped me and said, And color, gender, or religious affiliations. that have no direct impacts on our dis- by the way, I read about you in The TOM LANTOS truly believed that in this trict; it doesn’t take that much cour- Hill. If you need some help with inte- troubled world of ours there is only one age to do that. TOM LANTOS, notwith- rior decorating, you give me a call. race, and that is the human race. standing what some company in his

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His ability to triumph rected his focus to ending the ongoing geno- erate the notion that, in effect, Amer- through tragedy is truly inspirational. cide in the Darfur region of Sudan, which has ican companies, American individual TOM embodied the American dream. In the already claimed the lives of over 400,000 peo- interests, American corporate interests summer of 1947, TOM was awarded a scholar- ple. In 2006, he was among a group of 11 in- were giving governments around the ship to study in the United States. He arrived dividuals who were arrested for committing world the tools of that repression. in New York City with no money and only a civil disobedience outside the Sudanese Em- In closing, I just want to tell one Hungarian salami which was quickly seized by bassy in protest of the genocide. I can only story. It was a profound experience for U.S. customs officials. With his incredible per- say that it was an honor to follow in this won- me, I’ll never forget. I had the oppor- sistence and deep intellect, he soon earned derful man’s footsteps by doing the same tunity to see TOM a few weeks ago at his Ph.D. in economics from the University of thing myself a few short weeks later. his home here in Washington with An- California, Berkeley. TOM was always thankful Beginning last year, when Congressman nette, with Katrina, with their grand- for the opportunities given to him by the LANTOS became Chairman of the House For- daughter and with a baby grandson, United States and America is blessed to have eign Affairs Committee, he brought the crisis which, by the way, was one part of had such a loyal citizen and distinguished in Darfur and the recent violent crackdown on what gave him his strength was this leader. democracy activists in Burma to the forefront. unbelievable family structure. And he Continuing his dedication to others, TOM It also must be noted that, under Chairman looked much better than he had looked served the American public and people of the LANTOS’ leadership, the Foreign Affairs Com- in his last few weeks here, and he world as an exemplary Member of Congress. mittee finally began long-overdue oversight of talked about being at peace. Yes, he He founded the Congressional Human Rights the war in Iraq. would have loved to have been able to Caucus and most recently served as Chair- Congressman LANTOS’ inspiring leadership be here a few years longer, but for him, man of the House Foreign Affairs Committee. will be sorely missed, not only in this Con- gress, but by people around the world. I wish he felt what a wonderful life he had Standing by his convictions, TOM was arrested had, what a wonderful family, what a at the Embassy of Sudan for protesting human to send my deepest condolences to Congress- man LANTOS’ friends, family and constituents country, the colleagues. He was at rights violations in Darfur. As a result of this for the loss of this irreplaceable man of good peace with what awaited him. And brave action, the President renewed his call will. there was a serenity and a strength for a stronger international presence in Darfur. Ms. LINDA T. SA´ NCHEZ of California. there that just was stunning to me. I’ll TOM continually defended those too often ig- Madam Speaker, I come to say good-bye to a never forget it. nored by the international community. People beloved colleague and friend. To the family, to Annette, our pray- of the world are indebted to him for his strong The sudden news of Chairman TOM LANTOS’ ers are with you. And you know that leadership in promoting human rights. passing has left those who had the privilege to the work he did, the lives he affected I am honored to have served in Congress know him without adequate words to express around the world, his presence will be with Congressman LANTOS and to have our grief. maintained long after his passing. worked together on significant legislation de- My thoughts and prayers go out to his car- Mrs. DAVIS of California. Madam Speaker, fending the international human rights of ing wife Annette and to his family. I wish them we have lost a dear friend and colleague in women. His support was paramount to the strength and clarity during this difficult time. the House of Representatives. The world has achievement of many gains for women’s TOM’s life and accomplishments reached far also lost a great humanitarian. human rights. beyond his contributions as a legislator. As the only Member of Congress to survive Together, we were able to provide direct as- Many words have been written about TOM’s the Holocaust, Congressman LANTOS had a sistance to advance the status of women in experiences as a youth in Nazi occupied Eu- deep understanding of the value of freedom Afghanistan. We also collaborated on land- rope. But none of us will ever be able to and the need to pursue human rights around mark legislation to stop human trafficking. I am speak here with the same level of experience the globe. He brought life experiences to his deeply grateful for his commitment to the and understanding that he had when referring work that nobody else could. women of the world. to genocide, suffering, the suppression of On a personal note, I was extremely sad- Chairman TOM LANTOS will always be re- human rights, and the denial of human dignity. dened when I heard the news of his passing. membered with respect and gratitude. He con- TOM carried a personal sense of responsi- After arriving back in Washington today and sistently gave voice to the voiceless and was bility to fight for those who cannot always seeing the flags at half mast, it set in that he their champion. His legacy of upholding speak for themselves: the underprivileged, the won’t be with us any longer. human dignity will continue to inspire future subjugated, the oppressed. It was evident in I will miss him. generations of Americans. his words and actions, in every piece of legis- He was always very gracious during my Mr. AL GREEN of Texas. Madam Speaker, lation he crafted, and in every hand he warmly conversations and dealings with him. I would it is with great sadness that I mourn the pass- shook. listen closely when he spoke because what he ing, and commemorate the courageous life, of His convictions were never more evident had to say was always important. I urge my my dear friend and colleague, Congressman than in his work to establish the Congressional colleagues to honor Chairman LANTOS’ mem- TOM LANTOS of California. Human Rights Caucus. He founded the Cau- ory and fight for human rights and justice Congressman LANTOS began a lifetime of cus to focus attention on human rights abuses around the world with the same passion that passionate work for human rights as a young around the world. Not only did he work to he did. man when he escaped a forced labor brigade raise awareness and increase the scrutiny of Mrs. MALONEY of New York. Madam to join an underground resistance movement abusive practices around the globe, he worked Speaker, yesterday, the United States Con- against the Nazis in his home country of Hun- to stop heinous acts against our fellow women gress lost a dear friend, a true humanitarian, gary. A Jewish survivor of the Holocaust, he and men and to bring peaceful solutions to the and a real statesman, Chairman TOM LANTOS was just a teenager when he undertook this conflicts that led to such atrocities. of California. important work, which began over 60 years of His unwavering optimism and prudent lead- I extend my deepest sympathies to TOM’s efforts to fight for human rights across the ership will be missed. dedicated wife Annette, his daughters Annette world. My words cannot satisfactorily articulate the and Katrina, and to his many grandchildren Congressman LANTOS’ life of work on behalf loss that his death brings to me, the House of and great-grandchildren. We are thinking of of human rights culminated with over two dec- Representatives, and to the Nation he loved them during this difficult time and hope they ades of service in Congress, where he never and served. will find solace in knowing that their husband, failed to champion causes that he felt were Mrs. TAUSCHER. Madam Speaker, TOM father, and grandfather was a true hero and just. In 1983, Congressman LANTOS became a LANTOS was one of the kindest, most sincere role model for so many of the people he founding co-chair of the Congressional Human people I have ever met. It was both an honor touched. Rights Caucus, a caucus on which he served and a pleasure to serve the people of the Bay Chairman LANTOS was unrelenting in his for the remainder of his life. Under Congress- Area with a man of his integrity. His belief in lifelong commitment to defending the op- man LANTOS’ leadership, this caucus was on universal human rights for every man, woman

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and child defined his career in Congress as rights. While involved in many different issues TOM is survived by his loving wife Annette, well as how he lived his life. America is hon- throughout his illustrious career, it is TOM LAN- by his two daughters, Annette and Katrina; by ored that TOM LANTOS chose to be a citizen of TOS’ work on behalf of suffering people 17 grandchildren and 2 great-grandchildren. our great democracy, and the world is a better throughout the world that best exemplifies the Our thoughts and prayers are with his family. place because he fought to make it so. His type of man he was. Ms. HARMAN. Madam Speaker, maybe be- passing is a loss to the Congress, the Bay Born on February 1, 1928 in Budapest to cause I, too, lost many family members in the Area, and the United States, and everyone Jewish parents, TOM LANTOS faced unspeak- Holocaust, I felt a special affinity for TOM LAN- who believes in fairness and equality. My able horror early in his life. He escaped a Nazi TOS. His story was an integral part of him. I thoughts are with his wife Annette and his enforced labor camp twice, the second time was moved every time he described himself tire family at this very sad time. thankfully finding himself under the protection as the only Holocaust survivor in Congress. Mr. HONDA. Madam Speaker, I rise today of Raoul Wallenberg, likely saving his life. He And so were many others. to honor the memory of Congressman TOM later learned that his parents and much of his TOM was eloquent, passionate, insightful, el- LANTOS. family perished at the hands of the Nazis. egant—and fierce in his advocacy. His ques- It was with great sorrow that I learned of the As the only survivor of the Holocaust serv- tions of witnesses before his committee could passing of my esteemed colleague. ing in the House, he understood, in a way no be withering. He had a point of view and was When I asked TOM LANTOS for his support one else could, the type of suffering man can unblinking in his efforts to communicate it. in defending a group of women who the Japa- inflict upon others. He was the founder and In personal terms, TOM was a lovely human nese Army forced into prostitution during co-chairman of the Congressional Human being—devoted to Annette, his daughters and World War II, I knew that if anyone would un- Rights Caucus, and truly was a leader in that enormous crowd of grandchildren and derstand the pain of war, it would be him. For standing up for the smallest and weakest in great-grandchildren. But he was also devoted Congressman LANTOS, human rights violations our global community. No injustice escaped to his colleagues, this institution, to our coun- were not just an abstraction. He saw his family his attention, no matter what corner of the try, and to achieving peace in the Middle East. decimated by the Nazis during the same war. world was involved, and he would fight dog- At a time of such entrenched partisanship— He himself had suffered through the horrors of gedly to right any wrongs. which he deplored—we desperately need a labor camp. He earned an academic scholarship that more, not fewer, Toms. Sadly, that is not likely After surviving the horrors of the Holocaust, brought him to the United States, where he to happen. Congressman LANTOS dedicated his life to ad- earned his bachelor’s, master’s and eventually I shall miss him terribly. vocating for the rights of others. He spoke for doctorate degrees and entered the world of Shalom, haver. those who had no voice through his tireless academia, before he decided to enter the po- Mr. BACA. Madam Speaker, I ask for unani- advocacy as the founder of the Congressional litical arena, serving 14 terms here in the mous consent to address the House for one Human Rights Caucus and the chairman of House. He rose through the ranks to become minute. the Committee on Foreign Affairs. I rise today to remember a respected col- A fellow member of the Bay Area delega- the distinguished chairman of the House For- eign Affairs Committee, a position that allowed league, and to celebrate a life filled with cour- tion, Congressman LANTOS has been a mentor age, love, and service. to me. His thirst for justice and advocacy of him to continue his battle for the common man With the passing of Representative TOM progressive ideals will live on in all those he who might otherwise not have a voice. I was fortunate to have the opportunity to LANTOS yesterday, this body and this country inspired during his fruitful life. travel with him and his wife Annette on a trip lost a champion for human rights and life ev- Congressman LANTOS will be missed by everyone who had the privilege of working with to South Korea, Cambodia, and Vietnam in erywhere. A quick look at Representative LANTOS’ life him. I send my deepest condolences to his January, 2001, hosted by then-Minority Leader shows us what a remarkable man he really family, and echo his wife Annette’s comments Gephardt. I am proud to call him not only my was. that her husband’s life was ‘‘defined by cour- colleague, but also my friend. Born in Hungary, he fought in the under- age, optimism, and unwavering dedication to I join with all of my colleagues in extending our thoughts and prayers to TOM’s bride of al- ground struggle against the Nazis in Europe his principles and his family.’’ TOM LANTOS will and twice escaped from labor camps as a forever remain a role model and inspiration to most 58 years, Annette, his two daughters, his teenager. me. 17 grandchildren and two great-grandchildren. I will miss him dearly. He will truly be missed. Later, as the only Holocaust survivor to ever Ms. MCCOLLUM of Minnesota. Madam Mr. CARDOZA. Madam Speaker, it is with serve in Congress, he used this experience to Speaker, it is with tremendous sadness that great sadness that I rise today to speak on the work against the forces of oppression, intoler- we mourn the passing of Chairman TOM LAN- passing of an esteemed colleague and a true ance, and genocide. TOS—an inspiring colleague and an outspoken friend, former Congressman TOM LANTOS. Representative LANTOS was also known as champion for human rights around the world. TOM’s dedication, passion, and fervent com- a dedicated family man. He and his dear wife His passing will leave an enormous void in the mitment to human rights will be deeply missed Annette were usually inseparable—and all of U.S. House of Representatives, where he has by our Nation and, indeed, around the world. my colleagues in the House knew of his dedi- served for 28 years and was admired and re- As the only Holocaust survivor ever elected to cation to his 17 grandchildren. spected for his strength, leadership and un- Congress, TOM fought every day to give voice So let us take this time to recognize and wavering commitment to democracy and free- to the voiceless and make true our commit- mourn our dear friend Representative TOM dom. ment to the words ‘‘never again.’’ Only 16 LANTOS—a fierce defender of human rights, It was my honor to serve for 4 years as a when he was rounded up in his native Hun- and true leader who worked to improve the member of the House International Relations gary by the Nazis where he saw most of his world for both the free and oppressed alike. Committee in which Representative LANTOS family perish, TOM was a living embodiment to The thoughts and prayers of Barbara and I was my ranking member. He was a mentor the ideals of courage and human rights. are with his family, friends, and constituents at and strong leader as a Democrat and as an First elected to Congress in 1980 after a this difficult time. American. I will miss TOM as a colleague and distinguished career in academia, TOM was a Ms. HIRONO. Madam Speaker, I rise today a friend. tireless advocate on behalf of his constituents to join my colleagues in honoring the legacy of I extend my heartfelt prayers and condo- and a fine public servant. Representing parts human rights champion LANTOS TAMA´S PETE´R lences to TOM’s wife, Annette, who was his of San Francisco as well as his hometown, and expressing great sympathy on the passing constant companion and an inspiration in her San Mateo, TOM zealously represented the in- of this great American. own right, along with their two children, seven- terests of his District and, speaking as a Mem- As a member of the freshman class of the teen grandchildren and two great-grand- ber of the California delegation, I was proud to 110th Congress, TOM LANTOS was certainly a children. serve with him and call him friend. colleague that I admired and looked toward for The U.S. House of Representatives and the While TOM had a remarkable career of over guidance. I am especially glad that under our United States of America have lost a hero, a quarter of a century in Congress, it was his new majority he was able to serve as Chair- and he will be sorrowfully missed. last year as chairman of his beloved House man of the Foreign Affairs Committee, a post Mr. LAHOOD. Madam Speaker, I rise today Foreign Affairs Committee that he seemed to that he held with distinction. There was an air to pay tribute to our friend and colleague, the relish the most. From that perch, he was able about him, of European old-worldliness and gentleman from California, TOM LANTOS. to advance the cause of human rights and to charm, that I will never forget. It was a great Our Nation has lost a true leader, and the shine a light on long ignored parts of the honor to have served with a man of such world has lost its foremost champion of human globe. character and integrity.

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TOM is famously quoted as saying that he REPORT ON RESOLUTION PRO- (Mr. FRANKS of Arizona addressed was an ‘‘American by choice.’’ And how only VIDING FOR CONSIDERATION OF the House. His remarks will appear in this country, could ‘‘a penniless survivor of H.R. 5349, PROTECT AMERICA ACT hereafter in the Extensions of Re- the Holocaust and a fighter in the anti-Nazi OF 2007 EXTENSION marks.) underground . . . have received an education, Ms. SLAUGHTER, from the Com- f raised a family and had the privilege of serv- mittee on Rules (during consideration REMEMBERING AND HONORING ing the last three decades of his life as a of H. Res. 975), submitted a privileged member of Congress.’’ As a naturalized U.S. THE VICTIMS OF THE SHOOTING report (Rept. No. 110–525) on the resolu- AT KIRKWOOD CITY HALL citizen myself, I hope to give back to this Na- tion (H. Res. 976) providing for consid- The SPEAKER pro tempore. Under a tion as much as TOM did in his many years of eration of the bill (H.R. 5349) to extend previous order of the House, the gen- public service. the Protect America Act of 2007 for 21 tleman from Missouri (Mr. CARNAHAN) I would like to extend my deepest condo- days, which was referred to the House lences to TOM’s beloved wife, Annette is recognized for 5 minutes. Calendar and ordered to be printed. Tillemann Lantos, his daughters Annette Mr. CARNAHAN. Madam Speaker, I Tillemann-Dick and Katrina Swett, his 18 f rise tonight on a sad occasion in the grandchildren, and his 2 great-grandchildren. IRAN STILL LIVES IN THE STONE loss of loved ones in the Kirkwood, Thank you for sharing TOM with us and with AGE Missouri, community, part of which I the world. His example of courage and integ- (Mr. POE asked and was given per- represent and part of which is rep- rity will continue to inspire us. mission to address the House for 1 resented by my colleague Representa- Mr. WILSON of South Carolina. Madam minute.) tive AKIN of St. Louis County, and to- Speaker, yesterday morning a friend and col- Mr. POE. Madam Speaker, the Ira- night we want to talk about that inci- league, Representative TOM LANTOS, passed nian Government still lives in the dent. away. Stone Age. Two Iranian sisters will be This close-knit community of Kirk- Throughout his life, Congressman LANTOS stoned to death after a court convicted wood, Missouri, struggles this week fought for liberty. As a young man in Hungary them of adultery. One sister’s husband over the loss of loved ones. The wound- during World War II, he opposed the spread of was upset that he and his wife didn’t ed, especially Mayor Mike Swoboda, Nazi fascism and survived the Holocaust. Dur- get along, so he planted a video camera who remains hospitalized, and the chill ing his 27 years in Congress, Congressman in their home while he was away. A to public servants and citizens from LANTOS earned a reputation as a leader for videotape showed the two sisters in the the violence in Kirkwood City Hall at human rights and democracy around the company of other men, but did not the level of democratic government world—in particular as the Ranking Member show either woman engaged in a sexual closest to the people. and the Chairman of the House Foreign Af- act. I saw firsthand last Friday night at fairs Committee. The husband turned the videotape the Kirkwood community’s candlelight I had the privilege of working with Chairman over to the adultery police to prosecute vigil the way this community has come LANTOS as a fellow member of the House For- the women. These two sisters were together through this tragedy, uplifted eign Affairs Committee. Together, we were tried twice for this so-called crime. by ordinary people performing extraor- able to strengthen the partnerships between The first trial resulted in a conviction, dinary acts of heroism, caring, and the United States and nations throughout the and the women were convicted of ille- love. The hearts and prayers of all Mis- world. Chairman LANTOS brought an unmoving gal relations. Each sister received 99 souri and the Nation go out to the fam- optimism to both his life and his career that lashes. But it gets worse: a second trial ilies now grieving. served himself and his adopted nation of convicted the two sisters of adultery First, our obligation is to care for America well. and they were sentenced to death. the wounded and honor the lost, who TOM LANTOS was a beloved and respected Last year, Jafar Kiani was stoned to were lost while on duty in the high member of the House of Representatives, and death for alleged adultery. Now these calling of public service. We lost two he will be dearly missed. During this difficult two sisters are next in line for the sav- city council members, Councilwoman time, our thoughts and prayers are with his age rock throwing. Doesn’t anyone Connie Karr and Councilman Michael wife, Annette, their two daughters, and his en- think lashing and stoning is a bit se- Lynch; two police officers, Officer Tom tire family and friends. vere for adultery? I guess the Iranian Ballman and Officer William Biggs; and Mr. BERMAN. Madam Speaker, I Public Works Director Kenneth Yost. yield back the balance of my time and Government has never heard of cruel and unusual punishment. And where is We search our hearts and minds to thank my colleagues. understand what went wrong that ter- The SPEAKER pro tempore. All time the outcry from the world of women’s rights groups when they are needed to rible day this past week, to honor their for debate has expired. public service, and to learn from this Without objection, the previous ques- protest these acts from the Stone Age? breakdown in the public square. Right- tion is ordered. And that’s just the way it is. ly, we come together to let them know There was no objection. f The SPEAKER pro tempore. The they are not alone in their suffering. b 2045 question is on the resolution. We know each and every one of them The resolution was agreed to. SPECIAL ORDERS found purpose in life helping others and as public servants in the public good. A motion to reconsider was laid on The SPEAKER pro tempore (Ms. One person, Dick Reeves, posted a com- the table. BALDWIN). Under the Speaker’s an- ment on the St. Louis Post Dispatch f nounced policy of January 18, 2007, and site that impressed me and it summed under a previous order of the House, REPORT ON RESOLUTION PRO- up how to deal with this tragedy. He the following Members will be recog- VIDING FOR CONSIDERATION OF said, ‘‘If something positive comes out nized for 5 minutes each. H.R. 3521, PUBLIC HOUSING of this horrific tragedy, please let it be ASSET MANAGEMENT IMPROVE- f that in the memory of these good peo- MENT ACT OF 2007 The SPEAKER pro tempore. Under a ple, each and every one of us dedicates Ms. SLAUGHTER, from the Com- previous order of the House, the gentle- ourselves to treating our elected offi- mittee on Rules (during consideration woman from California (Ms. WOOLSEY) cials and each other at home, work, of H. Res. 975), submitted a privileged is recognized for 5 minutes. school, play, and while driving with re- report (Rept. No. 110–524) on the resolu- (Ms. WOOLSEY addressed the House. spect, decency, and kindness. We can tion (H. Res. 974) providing for consid- Her remarks will appear hereafter in do it. Let our actions be their monu- eration of the bill (H.R. 3521) to im- the Extensions of Remarks.) ment.’’ prove the Operating Fund for public f And I would like to yield to the gen- housing of the Department of Housing The SPEAKER pro tempore. Under a tleman from Missouri (Mr. AKIN). and Urban Development, which was re- previous order of the House, the gen- Mr. AKIN. Madam Speaker, I rise ferred to the House Calendar and or- tleman from Arizona (Mr. FRANKS) is today to recognize a great tragedy that dered to be printed. recognized for 5 minutes. occurred in Kirkwood, Missouri, in my

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After entering City Hall, Mr. Thorn- tain this desert land for the base. f ton then shot and killed four dedicated So what happened to the $32 million The SPEAKER pro tempore. Under a civil servants and severely wounded the Air Force doled out to Ellis Envi- previous order of the House, the gen- the mayor before he himself was shot ronmental? The alarming answer is no tleman from Texas (Mr. BURGESS) is and killed by responding Kirkwood po- one knows. And the company won’t recognized for 5 minutes. lice officers. say. (Mr. BURGESS addressed the House. Today, Kirkwood Mayor Mike An Air Force spokesman says the His remarks will appear hereafter in Swoboda continues to struggle for his contractor set up a camp for construc- the Extensions of Remarks.) life. tion workers and began design work for Those killed in the City Hall were the headquarters before the project was f Police Officer Tom Ballman, Council- halted. But nothing was ever built. All The SPEAKER pro tempore. Under a woman Connie Karr, Councilman Mike we know now is that none of the $32 previous order of the House, the gentle- Lynch, and Public Works Director Ken- million the U.S. paid out to these con- woman from Ohio (Ms. KAPTUR) is rec- neth Yost. Kenneth Yost had served in tractors was returned to U.S. tax- ognized for 5 minutes. that position for 35 years. payers. The Air Force is set to begin an (Ms. KAPTUR addressed the House. As Kirkwood and surrounding com- audit of the project, but no one knows Her remarks will appear hereafter in munities lay to rest officers and public how long that’s going to take. the Extensions of Remarks.) servants, one cannot help but be moved The Inspector General report docu- f by the deep sense of faith expressed by ments more abuses. And USA Today The SPEAKER pro tempore. Under a the family and friends they have left Matt Keller, reporter, said the findings previous order of the House, the gen- behind. What has also become so clear show ‘‘the military didn’t keep ade- tleman from Indiana (Mr. BURTON) is is the deep commitment that these in- quate records of equipment for the recognized for 5 minutes. dividuals had for their community. Iraqis ranging from generators and ga- (Mr. BURTON of Indiana addressed With that service in mind, I would rage trucks to thousands of guns and the House. His remarks will appear like to refer to Matthew 20:28, which grenade launchers. Separately, the hereafter in the Extensions of Re- states: ‘‘Among you, whoever wants to United States has launched a criminal marks.) be great must be your servant, and investigation into allegations that whoever wants to be first must be the weapons it bought for the Iraqi soldiers f willing servant of all, like the Son of ended up in the hands of insurgent and FISA Man; He did not come to be served but terrorist groups.’’ The SPEAKER pro tempore. Under to serve and to give up his life as a ran- Madam Speaker, this ought not to the Speaker’s announced policy of Jan- som for many.’’ be. uary 18, 2007, the gentleman from Cali- f In the meantime, Ellis Environ- fornia (Mr. DANIEL E. LUNGREN) is rec- mental Group has changed its name. OH WHERE, OH WHERE CAN THE ognized for 60 minutes as the designee If a crime has been committed, these PHANTOM AIR BASE BE? of the minority leader. outlaws responsible need to be held ac- Mr. DANIEL E. LUNGREN of Cali- The SPEAKER pro tempore. Under a countable. Madam Speaker, war profit- fornia. Well, here we go again, Mr. previous order of the House, the gen- eers that make money off of war by Speaker. As Yogi Berra once put it, tleman from Texas (Mr. POE) is recog- building ‘‘phantom’’ military bases ‘‘This is like deja vu all over again.’’ nized for 5 minutes. like this one should be prosecuted. This When the Director of National Intel- Mr. POE. Oh where, oh where has the type of conduct fits the definition of ligence, Admiral McConnell, came to American air base gone? Oh where or war crimes. Maybe we should build a the Congress for help, he was only where can it be? With its 6,000 phantom real prison for war criminals out in given a 180-day authority to conduct troops and 32 million missing dollars, this desert in the sands of Iraq to house surveillance which he described at the oh where, oh where can it be? thieves that steal American money. time as necessary to close our ‘‘critical Madam Speaker, let me explain. Cor- So, Madam Speaker, oh where, oh intelligence gaps.’’ Of course, that au- ruption has struck again, and just like where has the American base gone? Oh thority expired on February 1, and the times in the past, it’s at the taxpayers’ where, oh where can it be? With its 2-week extension of the Protect Amer- expense. 6,000 phantom troops and 32 million ica Act expires this Friday. Now, while Government investigators recently missing dollars, it’s where, oh where no the Democratic majority’s so-called uncovered the newest scam in con- one can see. RESTORE Act passed by this body rec- tracting. This time it’s a phantom air And that’s just the way it is. base in Iraq, purchased by the U.S. tax- ognized the need to defend our Nation payers at the tune of $32 million. f beyond 180 days, it would also have re- Madam Speaker, here it is, or here The SPEAKER pro tempore (Mr. pealed core provisions requested by Ad- it’s supposed to be. This is a photo- ALTMIRE). Under a previous order of miral McConnell, and it also contained graph of the location in Iraq where the the House, the gentleman from Ken- a sunset date approximately 2 years air base is, or where it was supposed to tucky (Mr. YARMUTH) is recognized for from now. While the other body has be built. But you can see that there is 5 minutes. just passed this evening a 6-year exten- nothing to see because it was never (Mr. YARMUTH addressed the House. sion of the new FISA bill, it remains to built. His remarks will appear hereafter in be seen how this will be reconciled with Last month the Inspector General at the Extensions of Remarks.) the RESTORE Act passed by this body. the Defense Department released a re- f It is certainly my hope that this port about money spent to help train The SPEAKER pro tempore. Under a body will affirm the bipartisan agree- and equip Iraqi military and police previous order of the House, the gen- ment reached by the Senate this forces. The contracting project in ques- tleman from North Carolina (Mr. evening. It is in concert with the out- tion was awarded to Ellis Environ- JONES) is recognized for 5 minutes. line of a bill supported by 21 Members mental Group, a U.S. company based (Mr. JONES of North Carolina ad- of the majority side in a letter they out of Florida, in 2006. The U.S. Air dressed the House. His remarks will ap- sent to the Speaker just several weeks Force paid the company $32 million for pear hereafter in the Extensions of Re- ago. In my estimation, there is no issue this project, this air base in Iraq. The marks.) of greater importance to our Nation at

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It therefore requires a the administration, or any administra- not be perfect but which does respond long-term investment in our security. tion for that matter, lacked an interest to the basic concerns laid out by Admi- We cannot just be thinking about 2 in a matter of such magnitude relating ral McConnell. weeks, or 21 days, or 6 months, or 2 to its essential obligation to protect Yet, according to press accounts I’ve years out. The gravity of the challenge the American people. seen, some have suggested that the ex- we face requires a commitment which After 9/11, it should never again hap- piration of the Protect America Act is commensurate with the serious na- pen that everything that could be done wouldn’t be that consequential because ture of the threat. The American peo- wasn’t done to ensure that we connect they say it would not interfere with ple demand that this be our serious ap- the dots. No, the real issue here was surveillance which has already begun. proach. one of credibility, or so some at- Well, let me suggest that even if that Although it is my belief that a per- tempted to make it, the credibility of were the case, it completely ignores manent reauthorization is therefore Admiral McConnell concerning, as was the impact on new terrorist commu- consistent with the history of the FISA stated by one of my colleagues on our nications which may arise. For in- Act, consistent with the threat that we committee, to speak truth to power. stance, if we get word on Saturday, face, and consistent with what the One interesting incident subsequent February 16, that an al Qaeda member American people wish, the 6-year ex- to the adoption of the so-called RE- in Kandahar is on the line with some- tension contained in the bipartisan STORE Act provides us with persuasive one in Munich on a call that travels language which passed the other body evidence of Admiral McConnell’s inde- through a New York switch, this is a this evening is a meaningful com- pendent judgment. Regardless of how conversation which should be of inter- promise. We must send a clear message one interprets the National Intel- est to us. The point is, if the Protect to terrorists that we understand the ligence Estimate concerning Iran, any America Act is allowed to expire, the nature of our struggle. There must be attempt to attack Admiral McConnell bill in the Senate is not passed, this no doubt in their minds that we will as a tool of the Bush administration terrorist communication may not be never forget what they have done and would appear to be lacking in any intercepted. that we are committed to the long credibility whatsoever. There should be I would add that we have had plenty haul. of time to view this issue. We have had no doubt in anyone’s mind that Admi- I take a back seat to no one on the ral McConnell is a man of honor who plenty of discussion on the relevant question of the need for vigorous con- calls it as he sees it. This is important committees, and now the bipartisan gressional oversight of the executive because he told us how he sees it; and bill that passed the other body is avail- branch. I spoke about this before I re- unlike the bipartisan coalition in the able for us to act upon. turned to this Congress after a 16-year other body, our adoption of the major- What must the rest of the world, absence. However, when we are told by ity party’s RESTORE Act proved, I much less the terrorists who seek to Admiral McConnell what he needs and fear, that we did not listen to him with kill us, think of the national security then this body does not listen and at- policy that we have displayed of fits seriousness of purpose. tempts to reinvent the wheel with the It was not enough that this man had and starts? This hardly resembles the so-called RESTORE Act, there surely served in Democrat and Republican ad- actions of a super power determined to should be some compelling justifica- ministrations and had a distinguished protect its citizens from such an omi- tion for such a rejection of the Director naval career. After all, some would say nous outcome. The only hope that we of National Intelligence request. can have is that such indecision per- Let me suggest that it has been more we are talking about the Bush adminis- haps will be construed as a plan to con- than 6 months since the enactment of tration. So let me suggest, this is not fuse the terrorists, double jujitsu, if the Protect America Act. So what is about President Bush. As bumper you will. the factual basis to justify the dra- stickers I have seen on the road reflect, On the other hand, those of us who matic changes that were embodied in by 1/20/09 President Bush will no longer view the rest of the world through the the majority party’s so-called RE- be in office. We will have a new admin- jihadist prism may be picking up a STORE Act? After all this time, what istration and a new President, whom- very different message concerning the is the evidence that Admiral McCon- ever he or she will be. level of our determination. But whomever they will be, they will This on again, off again policy of ter- nell was wrong? We now have the benefit of 20/20 hindsight. It is no longer continue to face the same threat by rorist surveillance has to end. We must radical jihadists whose primary aim in give Admiral McConnell and those in necessary for us to speculate. So how are the changes to the Pro- life is to kill us. That will not change. the intelligence community under his Regardless of which political party oc- charge the tools necessary to protect tect America Act embodied in the RE- STORE Act borne out by experience? cupies the White House, the one advan- the American people, and we must do tage we will need to defend against an- so on a permanent basis. We now have the basis for making em- pirical judgments; and unless there are other horrific attack will be the need Does anyone realistically believe the to learn of their plans before they are imposition of arbitrary sunsets every answers to these basic questions, attempts to rewrite Admiral McConnell’s carried out, to gather intelligence; and few weeks or every few months some- if we are to be successful in doing so, how places us in the position to return bottom line are nothing more than a the surveillance of foreign terrorists to a pre-9/11 world? Such wish fulfill- leap into the dark, a serious existential will be critical to this endeavor. ment is no basis for the formulation of leap concerning the safety and security of all Americans. Independent sources such as Brian national security policy, for we no Jenkins of the RAND Corporation have longer live in a world where wishful Or is there something else other than stressed that our intelligence capa- thinking is permissible if we are to ful- evidence at work here? During our leg- bility is a key element in our effort to fill our obligation to those who have islative hearings in the Judiciary Com- protect our homeland. He states that sent us here to represent them and pro- mittee, there were concerns expressed in the terror attacks since 9/11, we have tect them. This is the first obligation that in reaching the compromise agree- of government. And after 9/11 or 7–7 in ment which became the Protect Amer- seen combinations of local conspiracies London, Bali, Madrid, Amman Jordan, ica Act that somehow the White House inspired by, assisted by, and guided by and Glasgow, we no longer have the op- may have unduly influenced the proc- al Qaeda’s central leadership. It is es- tion to pretend otherwise. ess. There were questions raised about sential that while protecting the basic whether Admiral McConnell could rights of American citizens, we find b 2100 speak truth to power. ways to facilitate the collection and Our policy as a nation must begin Let me first of all say that the inter- exchange of intelligence across na- with the recognition of this reality. est of the White House in protecting tional and bureaucratic borders.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H864 CONGRESSIONAL RECORD — HOUSE February 12, 2008 The development of comprehensive information about foreign intelligence community believes in good faith that homeland security strategy cannot be relative to the threat that is posed by they are dealing with a foreign-to-for- conceived in isolation from the need this terrorist effort around the world, eign communications, but inadvert- for surveillance of terrorists overseas. we will hold you harmless. We will ently they capture communication The Director of National Intelligence have you immune from lawsuits. that deals with a foreign-to-domestic has told us what he needs; and unfortu- Now, when this question was pre- call. And you say how could that hap- nately, that is not encompassed in the sented to us in the Judiciary Com- pen? Well, in the real world, you can so-called RESTORE Act, which passed mittee, one of my friends on the other only target one end of the conversa- this body, this body, in November. Un- side of the aisle, in opposing that, said tion. So when we go into this and we less the bipartisan agreement which these people have many high-priced at- target one end of the conversation and passed the other body this evening is torneys and they can respond to that in good faith believe that that is going adopted, we will be without the min- themselves. Now, what if we took that to be foreign-to-foreign, occasionally imum acceptable threshold of protec- as our approach to a Good Samaritan you might get foreign-to-domestic. So tion negotiated with Admiral McCon- law with respect to accidents on the what happens? The language in the ma- nell last August. highway? We would say, well, we don’t jority party’s bill says you cannot use Although this body did adopt the so- have to worry because these doctors that information for any purpose. You called RESTORE Act in November of have a lot of money. They can hire a can’t disclose it. You can’t disseminate last year, that legislation would im- lot of high-priced attorneys. They can it. It cannot be used for any purpose or pose additional burdens on the intel- defend themselves in court thereafter. retained for longer than 7 days unless a ligence community which undermined Do we think that would encourage doc- court order is obtained, or unless the the essential nature of the compromise tors and other medical specialists or attorney general determines that the reached with Admiral McConnell. Fur- health specialists to assist? I think information, the information con- thermore, the RESTORE Act punted on not. At least that has been the decision tained, indicates a threat of death or the critical question of whether retro- we have made in State after State after serious bodily harm to any person. active protection could be extended to State where we have said on balance, Now, you might say, well, that those communication providers who re- for the good of society, we will create should take care of all situations, sponded to the call for help from their these laws. shouldn’t it? Well, let’s say we have a government in the wake of 9/11. No, what we passed on the floor of conversation or communication involv- What does that mean? It means sim- the House, the so-called RESTORE ing Osama bin Laden and the commu- ply this: while we recognize in other Act, was the anti-Good Samaritan law. nication involves someone within the situations that a Good Samaritan law It was Good Samaritan beware: if you United States, and there is no indica- makes sense; that is, we want to en- dare respond affirmatively to a request tion, no indication whatsoever in that courage doctors or health care pro- by your government and act in good communication concerning a threat of viders who come upon an accident on faith to help that government obtain death or serious bodily harm to any the highway to utilize their expertise the information against foreign actors person. But the conversation, the con- to help those who might be injured at with respect to their evil intent to try tents of the conversation, indicate the that location without regard to the and destroy us, you may be subjected exact cave where Osama bin Laden possibility of lawsuits thereafter, even to lawsuit after lawsuit. may be. We would find ourselves unable though we know that that might, in Now is this just a figment of my to act. some cases, make it impossible to sue a imagination, the imagination of oth- b 2115 doctor for what otherwise would be ers, the imagination of those in the I know that sounds absurd, but in considered malpractice. We make that Senate who brought forth this bill? No, fact that is a fair reading. In fact, it is judgment because we believe on bal- because we know there are numerous the only reading of that section of the ance it is for the good of society and in lawsuits that have been filed against bill that the other side of the aisle most cases will allow extra protections those companies that they believe re- wishes to have passed in lieu of the bill or extra treatment that otherwise sponded affirmatively to the request by that was presented by the Senate might not be there for someone who the Federal Government to assist them today. It is simply unacceptable. has been the victim of such an acci- in gathering that information in the Now, to be fair, the majority says, dent. wake of 9/11. well, wait a second. Your concern is Similarly, the Senate bill recognizes The idea that a court order should be not well placed because there is lan- how important it is that we have the required before surveillance can take guage found in section 22 of the major- intelligence necessary to identify the place against a foreigner overseas is ity bill which provides that it would threat that is posed by those who precisely the thing that Admiral not ‘‘prohibit the intelligence commu- would wish to kill us and destroy us in McConnell warned against. Well, my nity from conducting lawful surveil- the name of some distorted version of friends on the other side of the aisle lance necessary to prevent Osama bin religious purpose. are fond of the rejoinder that they only Laden or any other terrorist or ter- And so what we have said, at least require a basket warrant under their rorist organization from attacking the what the other body has said, what the approach. That does little or nothing United States.’’ So they say, you see, President has asked for, what Admiral to respond to the admiral’s concern, for we have taken care of that problem. McConnell has asked for is a type of even if it is a basket, the intelligence But they haven’t. national Good Samaritan law with re- community is going to have to identify The problem with this logic is that spect to the collection of foreign intel- every piece of fruit in that basket. And the qualification found in that lan- ligence. In other words, when in an as Admiral McConnell has explained guage that the surveillance must be emergency situation, in a terrorist sce- time and time and time again, in the ‘‘lawful’’ is obviously affected by what nario, in the aftermath of 9/11, when real world of intelligence, this is sim- is found elsewhere in the bill, including the government desperately needs to be ply unworkable. the language contained in section 2(a)2 able to gather as much information as Furthermore, in the alternative pre- that I just discussed. Thus by its own possible with respect to foreign intel- sented by the majority in their RE- terms, any assertion that we will be ligence, foreign actors who wish to do STORE Act, which presumably they able to listen to the conversations of harm to us, the government reached want to go to conference on and Osama bin Laden must be read in light out to various companies who are able against which they would place the of the remainder of the bill. to aid them in that way, and all the Senate bill, the language found in sec- Again, why are we going down this bill that has passed the Senate does, tion 2(a)(2) of that House bill creates road? Why is the majority so insistent and the bill which hopefully will be be- even more problems. The language of on not allowing us an up or down vote fore us sometime this week, all it does the majority party’s RESTORE Act in- on the Senate bill? Why are they so in- is say that if you responded in good cludes a section entitled: ‘‘Treatment sistent on the product that we pro- faith to the request of the Federal Gov- of inadvertent interceptions.’’ It deals duced on this floor that has these prob- ernment to assist in the collection of with this situation: the intelligence lems that I have just mentioned?

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 12, 2008 CONGRESSIONAL RECORD — HOUSE H865 Since the enactment of the Protect to get a court order with respect to ment if the President of the United America Act, the one that we passed on that individual. That is the same way States or his legal officer the Attorney August 5, the one upon which the bill we handle minimization in these FISA General has considered the require- in the Senate is based, what facts and cases. ments of national security and author- what evidence have arisen which would In an interesting exchange during ized electronic surveillance as reason- warrant second guessing the intel- our Judiciary Committee hearing on able.’’ ligence community and its assessment FISA, Admiral McConnell was queried In the debate before us where the of the minimum requirements nec- as to how many Americans have been issue involves the surveillance of for- essary in order to continue the protec- wiretapped without a court order? The eigners outside the United States, the tion of the American people? And, Mr. direct response by Admiral McConnell civil liberties concerned are minimal, Speaker, I would say if this is not was ‘‘none.’’ He went on to say this: if not nonexistent. What do I mean by about facts, if this is not about evi- ‘‘There are no wiretaps against Ameri- that? In a case where terrorists might dence, then what is it about? cans without a court order. None. What call a U.S. person, the FISA minimiza- It should be noted that the bipartisan we are doing is we target a foreign per- tion procedures which have applied legislation passed by the other body son in a foreign country. If that person since 1978 continue to protect the pri- does not contain this entirely unac- calls into the United States, we have to vacy interests of Americans and legal ceptable language I mentioned from do something with that call, that proc- residents in the United States. section 2(a)2 of the House bill. ess is called minimization. It was the Thus, in arriving at a definition of Now, surely one thing not at issue is law in 1978. It is the way it is handled.’’ reasonableness on the Fourth Amend- the effect of the Protect America Act Any suggestion that the intelligence ment, it comes down to how serious and its progeny, the bill produced in community could somehow operate one deems the threat of another 9/11 to the Senate today. Its effect on the civil outside the law because of anything we be. In fact, if you consider the threat of liberties of Americans is not at issue. did in adopting the Protect America another attack on the American people Let me point this out. There is nothing Act this past August or in adopting the to be serious, it would be a terrible contained in the Protect America Act bill sent over from the Senate is a re- mistake to walk away from what Ad- or in the bill passed by the Senate grettable reversion to scaremonger. miral McConnell has told us he needs, today which would allow the President I would suggest that the attempt to for there is perhaps know greater to target Americans or U.S. persons scare the American people into believ- threat to civil liberties than the pros- outside of the law. The Protect Amer- ing we have jeopardized their civil lib- pect of another successful attack on ica Act did nothing to change this as- erties by exposing them to warrantless the United States. It was for this very pect of the law, which has existed since surveillance does a disservice to ra- reason that the 9/11 Commission itself 1978, nor does the Senate bill. tional political discourse. And I would made the observation that ‘‘the choice So, there are two things which must also suggest that except for those on between security and liberty is a false be kept in mind. First, if the intel- the ideological fringes who might fear choice, as nothing is more likely to en- ligence community targets someone in- their government more than they fear danger America’s liberties than the side the United States, the community al Qaeda, it will also prove to be a success of a terrorist attack at home.’’ must first obtain a court order from failed political strategy. Simply put, if we suffer a terrorist the FISA court. That does not change. You don’t have to like President attack at home, another terrorist at- Secondly, if the intelligence commu- Bush, you don’t have to countenance tack at home, the response of the nity surveils a communication where the war in Iraq, to understand who the American people might very well be to both ends of the communication are in real enemy is, those who killed over cut back on our protection of civil lib- the United States, the intelligence 3,000 of our fellow citizens on Sep- erties in order to protect us from such community must obtain a FISA court tember 11. Nothing in the Protect terrorist attack. order. America Act, nothing in the bipartisan The 9/11 Commission has suggested Furthermore, if Osama bin Laden or compromise which just passed the that if we do those things that are nec- another terrorist calls a U.S. person other body, would adversely affect con- essary in our and are constitutional, within the United States, the end of stitutionally protected privacy inter- we ought not to face that false choice the conversation conducted by the U.S. ests. of security versus liberty. It is in this person, the person he called to in the In the seminal Fourth Amendment context that we must view the legisla- United States, that end of the con- privacy case entitled Katz v. United tion currently before this body. It is versation would have to be what we States, the Supreme Court held that not a zero sum game, where increasing call in the law minimized under the ex- the protection of the Fourth Amend- our Nation’s security necessarily isting procedures of the 1978 act. ment extended to cases involving elec- comes at the expense of liberty. This is Let me again emphasize that the tronic surveillance of oral communica- a false dichotomy. minimization process which is applied tions without the requirement of a This is not an abstract philosophical in cases where information has been in- physical intrusion. debate. No. It involves the targeting of advertently obtained from a U.S. per- Before that, there was a question as foreign individuals outside the United son is not only in the original FISA to previous decisions by the court and States. It was for this reason that the statute, but is something with which whether or not these protections would United States Supreme Court in the we have been familiar on the criminal go if there was no physical intrusion. Keith case, much like the 9/11 Commis- side for decades as well. In Katz v. United States, the court held sion, noted that were the government In other words, when a court allows that the Fourth Amendment did extend to fail ‘‘to preserve the security of its for a wiretap in a criminal case in the to cases involving electronic surveil- people, society itself would become so United States, a domestic criminal lance of oral communications, even disordered that all rights and liberties case, again, the wiretap is only on one though there was no physical intru- would become endangered.’’ end. So they put a wiretap on a Mafia sion. At the same time, however, the Mr. Speaker, yesterday I had the op- boss. That wiretap captures conversa- Supreme Court expressly stated that portunity to observe the FISA debate tions from that particular phone to national security cases were expressly taking place in the other body. The many, many different others, and if in outside the purview of its holding in senior Senator from my State of Cali- fact it goes to somebody who is not in- that case. fornia, for whom I have great respect, volved whatever in the criminal enter- Furthermore, in his concurring opin- was arguing for more restrictive lan- prise, that conversation, that part of ion, Justice ‘‘Whizzer’’ White, I think guage, positing FISA as the exclusive the conversation dealing with that per- his picture can be found in Webster’s means for the conduct of electronic son is minimized. If, because of some- Dictionary besides the word ‘‘mod- surveillance. thing that attracts the investigator’s erate,’’ made the following observa- Let me say that this concept is al- attention on that end of the line going tion: Speaking of the court he said, ready embodied in the current FISA towards criminal investigation must go ‘‘We should not require the warrant statute and there is nothing whatso- forward, then they have to go to court procedure and the magistrate’s judge- ever in the Protect America Act or the

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H866 CONGRESSIONAL RECORD — HOUSE February 12, 2008 bill that has come to us from the Sen- ties of foreign powers.’’ It is thus clear time they may tell us, well then, con- ate which in any way alters or affects that the United States Supreme Court nect your own dots. that. It is irrelevant to the reason for itself has drawn a commonsense dis- This body failed to address this crit- which Admiral McConnell came to the tinction between domestic surveillance ical issue, which will surely affect the Congress and asked us to close critical and foreign surveillance. willingness of Americans to come to gaps in our foreign intelligence. The Protect America Act and its the aid of our government when this First of all, it is not clear there was progeny, the bipartisan Senate bill Nation faces future peril. an attempt by Congress to occupy the passed today, they respect these pa- However, all Americans can find sol- field when the issue is foreign intel- rameters in that their focus is on non- ace from the fact that the bipartisan ligence or foreign surveillance of non- U.S. persons located overseas where an legislation which passed the other body U.S. persons in contrast to the defini- American that is not the target of the this evening does meet this challenge. tion of electronic surveillance within surveillance. If a U.S. person happens It does say that we would grant immu- FISA itself. It was recognized at the to be on the other ends of a conversa- nity to those companies that re- time that there were constitutional tion with Osama bin Laden, the rem- sponded, in good faith, to the request limits on how far the Congress could edy, as I said before, is minimization, by their government to assist them in go. There was testimony to that effect purging the non-targeted American’s gathering this information and would by former Attorney General Griffin contribution to the conversation. limit it from the date of 9/11 up to the present time. Very specific, very spe- Bell, with whom we are all familiar. b 2130 Secondly, the House conference re- cific with respect to that. And, inter- port on the 1978 FISA statute contains Thus, there is no need to bar the use estingly enough, there doesn’t seem to an interesting admission concerning or dissemination of such information be dispute or hasn’t been dispute about the scope of the coverage by the stat- as required under the terms of the ma- making that kind of prospective. But ute. The House conference report rec- jority’s so-called RESTORE Act. Pri- should we say that those who have ognized that the statute’s restrictions vacy and civil liberty considerations helped us in the past in the aftermath might impermissibly impinge or in- are simply not implicated to any sig- of the worst attack since Pearl Harbor fringe on the President’s constitutional nificant degree in the foreign surveil- are to be viewed as lacking? That powers. The report acknowledges that lance context. somehow they are to take the fall? If ‘‘the conferees agree that the establish- In order to reach a compromise with there were mistakes, they were government of this act of exclusive means by the House leadership last August, Ad- ment mistakes, and you ought not to which the President may conduct elec- miral McConnell was forced to punt on attack third parties who responded in a tronic surveillance does not foreclose a the issue of those telecommunications responsible good-faith way. different decision by the Supreme providers who came to the aid of their Both justice and common sense dic- Court.’’ country in the wake of 9/11. The RE- tate that future Presidents of both par- The conference report explained that STORE Act subsequently passed by ties may need help, may need to call on Congress intended in FISA to exert this body fails to deal with this issue the help of the American people should whatever power Congress constitu- at all. The message delivered to these we face another terrible event of the tionally had over the subject matter to companies is simply that you are on magnitude of 9/11. restrict foreign intelligence surveil- your own. So, Mr. Speaker, let’s be clear: this is lance, and to leave the President solely The idea that these companies should not a partisan issue. All Americans of with whatever inherent constitutional be met with the response that you are both parties have the same desire to authority he might be able to invoke on your own is simply incomprehen- raise their families in a Nation of se- against Congress’ express wishes. sible. They did what they did not be- cure communities free from the fear of The legislative history in the Senate cause they thought about it on their another cataclysmic attack. The other also reveals that the provisions in own, but because they were responding body has considered this at some FISA were intended to exclude certain to requests from their government in length and acted reasonably. We are up intelligence activities conducted by the wake of the worst attack on this against a deadline at the end of this the NSA from the coverage of FISA. Nation since Pearl Harbor. If there was week. The Senate bill, unlike its House With respect to 50 USC 2511(2)(f), it is a mistake in policy, which I do not be- counterpart, does respond to the na- clear that the legislation does not deal lieve to have been the case, but if there tional security needs of our Nation. It with international signals intelligence were such a mistake, the mistake was is evidence of the fact that the major- activities as currently engaged in by made by the government, not by those ity and minority can work together to NSA in electronic surveillance con- who were asked to help prevent an- protect the public. ducted outside the United States. The other 9/11. On August 5, this body demonstrated, legislative history also makes clear the Let us not forget that although we with the passage of the Protect Amer- definition of electronic surveillance have not been the victim of another ica Act, that it likewise can put aside was crafted for this very same reason. successful attack, from the vantage partisan differences and meet this most It is particularly noteworthy that point of the post-September 11 time solemn obligation that we have to the FISA Court of Appeals itself states frame, there was great anticipation those who have elected us. Once again, in ‘‘In re: Sealed Case’’ that ‘‘all the about the prospect of another attack. we are called upon to do so. other courts to have decided the issue Those who like to inveigh against the So I would hope, Mr. Speaker, that held that the President did have inher- failure to connect the dots cannot in tomorrow we not go forward with an ent authority to conduct warrantless the same breath turn their backs on effort to have a 21-day extension of the searches to obtain foreign intelligence those who sought to make sure that current law and kick the can down the information.’’ The court further stated, such a thing did not happen again. road again; that we actually come ‘‘We take for granted that the Presi- Further, I would say, what kind of forth and debate vigorously and vote dent does that have that authority.’’ signal does this send to those who, dur- on the bipartisan compromise pre- The United States Supreme Court ing some future conflict, are ap- sented to us by the Senate today; that itself in the Keith case held that the proached by our government to help we face squarely the question of wheth- warrant requirement would apply to prevent another cataclysmic assault on er we are going to enact a Good Samar- national security investigations in- our Nation? Our friends on the other itan law for those companies and indi- volving purely domestic targets with side of the aisle should think long and viduals who responded to the call of no suspected ties to a foreign power. hard before they feed these tele- their country, or whether we are going However, Justice Powell carefully dis- communications entities to the litiga- to take a position that only an anti- tinguished this holding from foreign in- tion sharks. It may be a different war, Good Samaritan law makes sense in telligence cases in writing that ‘‘the it may be a different President, but the context of this fight against ex- instant case requires no judgment on this is the worst possible precedent. If treme Islamo-fascism. the scope of the President’s surveil- you are going to tell these companies Mr. Speaker, although even-num- lance power with respect to the activi- that you are on your own, the next bered years have the tendency to raise

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 12, 2008 CONGRESSIONAL RECORD — HOUSE H867 the volume of rhetoric, the protection Mr. DAVIS of Kentucky, for 5 min- 5286. A letter from the Principal Deputy of the American people should tran- utes, February 14. Associate Administrator, Environmental scend politics as a fundamental obliga- Mr. DENT, for 5 minutes, February 13. Protection Agency, transmitting the Agen- cy’s final rule — Zeta-cypermethrin; Pes- tion of government. The other body has f ticide Tolerance [EPA-HQ-2007-0300; FRL- put the public interest above partisan- SENATE BILL AND CONCURRENT 8346-3] received December 26, 2007, pursuant ship, and I would hope that we can fol- RESOLUTIONS REFERRED to 5 U.S.C. 801(a)(1)(A); to the Committee on low their example. Agriculture. Mr. Speaker, I would ask that we A bill and concurrent resolutions of 5287. A letter from the Principal Deputy have consideration of the Senate bill the Senate of the following titles were Associate Administrator, Environmental brought forth on this floor within the taken from the Speaker’s table and, Protection Agency, transmitting the Agen- under the rule, referred as follows: cy’s final rule — Trifloxystrobin; Pesticide next 2 legislative days so that the peo- Tolerance [EPA-HQ-OPP-2006-0732; FRL-8342- S. 2071. An act to enhance the ability to ple of the United States can watch 6] received December 26, 2007, pursuant to 5 combat methamphetamine; to the Com- their Representatives in this House U.S.C. 801(a)(1)(A); to the Committee on Ag- mittee on Energy and Commerce; in addition work their will on that proposal. riculture. to the Committee on the Judiciary for a pe- 5288. A letter from the Under Secretary for f riod to be subsequently determined by the Acquisition, Technology and Logistics, De- LEAVE OF ABSENCE Speaker, in each case for consideration of partment of Defense, transmitting notifica- such provisions as fall within the jurisdic- By unanimous consent, leave of ab- tion that increases in both the Program Ac- tion of the committee concerned. quisition Unit Cost (PAUC) and the Procure- sence was granted to: S. Con. Res. 67. Concurrent resolution es- ment Unit Cost (PUC) for the Joint Tactical Mr. CUELLAR (at the request of Mr. tablishing the Joint Congressional Com- Radio System Ground Mobile Radio (JTRS HOYER) for today on account of inclem- mittee on Inaugural Ceremonies; to the Com- GMR) program exceed 15 percent, pursuant ent weather. mittee on House Administration. to 10 U.S.C. 2433; to the Committee on Armed S. Con. Res. 68. Concurrent resolution au- Mr. CUMMINGS (at the request of Mr. Services. thorizing the use of the rotunda of the Cap- 5289. A letter from the Chairman, Commis- HOYER) for today on account of busi- itol by the Joint Congressional Committee ness in the district. sion on the National Guard and Reserves, on Inaugural Ceremonies; to the Committee transmitting the Commission’s final report Mr. HONDA (at the request of Mr. on House Administration. on the assessment of the reserve components HOYER) for today and the balance of f of the U.S. military and recommendations to the week on account of family medical ensure that they are organized, trained, reasons. SENATE ENROLLED BILL SIGNED equipped, compensated, and supported to Mr. ORTIZ (at the request of Mr. The Speaker announced her signa- best meet the current and future require- HOYER) for today on account of busi- ture to an enrolled bill of the Senate of ments of U.S. national security; to the Com- the following title: mittee on Armed Services. ness in the district. 5290. A letter from the Assistant Secretary Mr. RODRIGUEZ (at the request of Mr. S. 781. An act to extend the authority of for Homeland Defense and Americas’ Secu- HOYER) for today on account of weath- the Federal Trade Commission to collect Do- rity Affairs, Department of Defense, trans- er delay. Not-Call Registry fees to fiscal years after mitting a report on assistance provided by Mr. RUPPERSBERGER (at the request fiscal year 2007. the Department of Defense to civilian sport- of Mr. HOYER) for today and the bal- f ing events in support of essential security and safety, covering the period of calendar ance of the week on account of medical BILLS PRESENTED TO THE reasons. year 2007, pursuant to 10 U.S.C. 2564(e); to the PRESIDENT Committee on Armed Services. Mr. RYAN of Ohio (at the request of Lorraine C. Miller, Clerk of the 5291. A letter from the Under Secretary for Mr. HOYER) for today on account of in- House, reports that on February 7, 2008, Acquisition, Technology and Logistics, De- clement weather in the district. partment of Defense, transmitting the De- she presented to the President of the Mr. KUHL of New York (at the re- partment’s report on progress toward com- United States, for his approval, the fol- quest of Mr. BOEHNER) for today on ac- pliance with destruction of the U.S. stock- lowing bill. count of bad weather. pile of lethal chemical agents and munitions H.R. 4253. To improve and expand small by the extended Chemical Weapons Conven- f business assistance programs for veterans of tion deadline of April 29, 2012, and not later SPECIAL ORDERS GRANTED the armed forces and military reservists, and than December 31, 2017, pursuant to Public for other purposes. Law 110-116, section 8119; to the Committee By unanimous consent, permission to on Armed Services. address the House, following the legis- Lorraine C. Miller, Clerk of the 5292. A letter from the Secretary, Depart- lative program and any special orders House, further reports that on Feb- ment of Defense, transmitting a letter on the heretofore entered, was granted to: ruary 8, 2008, she presented to the approved retirement of Lieutenant General (The following Members (at the re- President of the United States, for his Bruce A. Wright, United States Air Force, approval, the following bill. and his advancement to the grade of lieuten- quest of Mr. CARNAHAN) to revise and ant general on the retired list; to the Com- extend their remarks and include ex- H.R. 5140. To provide economic stimulus through recovery rebates to individuals, in- mittee on Armed Services. traneous material:) 5293. A letter from the Deputy Adminis- centives for business investment, and an in- trator for Defense Programs, Department of Ms. WOOLSEY, for 5 minutes, today. crease in conforming and FHA loan limits. Mr. CARNAHAN, for 5 minutes, today. Energy, transmitting the Department’s draft f Mr. YARMUTH, for 5 minutes, today. Complex Transformation Supplemental Pro- grammatic Environmental Impact State- Mr. DEFAZIO, for 5 minutes, today. ADJOURNMENT ment; to the Committee on Armed Services. Ms. KAPTUR, for 5 minutes, today. Mr. DANIEL E. LUNGREN of Cali- 5294. A letter from the President and Chief (The following Members (at the re- fornia. Mr. Speaker, I move that the Executive Officer, Corporation for Public quest of Mr. POE) to revise and extend House do now adjourn. Broadcasting, transmitting the Annual Re- their remarks and include extraneous The motion was agreed to; accord- port of the Corporation for Public Broad- material:) ingly (at 9 o’clock and 36 minutes casting for Fiscal Year 2006, pursuant to 47 Mr. FRANKS of Arizona, for 5 minutes, p.m.), pursuant to House Resolution U.S.C. 396(k)(3)(B)(iii)(V); to the Committee February 13, 14, and 15. on Energy and Commerce. 975, the House adjourned until tomor- 5295. A letter from the Secretary, Depart- Mr. POE, for 5 minutes, February 15. row, Wednesday, February 13, 2008, at ment of Energy, transmitting the Depart- Mr. JONES of North Carolina, for 5 10 a.m., as a further mark of respect to ment’s report entitled, ‘‘Facing the Hard minutes, February 15. the memory of the late Honorable TOM Truths about Energy: A Comprehensive View Mr. BURGESS, for 5 minutes, today LANTOS. to 2030 of Global Oil and Natural Gas’’; to the Committee on Energy and Commerce. and February 13. f Mr. SALI, for 5 minutes, February 14. 5296. A letter from the Principal Deputy Associate Administrator, Environmental Mr. BURTON of Indiana, for 5 minutes, EXECUTIVE COMMUNICATIONS, ETC. Protection Agency, transmitting the Agen- today and February 13, 14, and 15. cy’s final rule — National Emission Stand- Mr. KINGSTON, for 5 minutes, Feb- Under clause 8 of rule XII, executive ards for Hazardous Air Pollutants for Source ruary 13. communications were taken from the Categories: Gasoline Distribution Bulk Ter- Mr. KIRK, for 5 minutes, February 13. Speaker’s table and referred as follows: minals, Bulk Plants, and Pipeline Facilities;

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H868 CONGRESSIONAL RECORD — HOUSE February 12, 2008 and Gasoline Dispensing Facilities [EPA-HQ- Committee on Oversight and Government deemed to be homebound for purposes of OAR-2006-0406, FRL-8512-3] (RIN: 2060-AM74) Reform. meeting Medicare’s criteria for receiving received December 26, 2007, pursuant to 5 5308. A letter from the United States Trade home health services, pursuant to Section U.S.C. 801(a)(1)(A); to the Committee on En- Representative, Executive Office of the 702 of the Medicare Prescription Drug, Im- ergy and Commerce. President, transmitting a report on the Stra- provement, and Modernization Act of 2003; 5297. A letter from the Principal Deputy tegic Plan FY 2007 — FY 2012; to the Com- jointly to the Committees on Energy and Associate Administrator, Environmental mittee on Oversight and Government Re- Commerce and Ways and Means. Protection Agency, transmitting the Agen- form. 5320. A letter from the Secretary and At- cy’s final rule — National Emission Stand- 5309. A letter from the Co-Chief Privacy Of- torney General, Departments of Health and ards for Hospital Ethylene Oxide Sterilizers ficer, Federal Election Commission, trans- Human Services and Justice, transmitting [EPA-HQ-OAR-2005-0171; FRL-8512-1] (RIN: mitting the Commission’s report on the an- the tenth Annual Report on the Health Care 2060-AM14) received December 26, 2007, pursu- nual activities that affect privacy including Fraud and Abuse Control (HCFAC) Program ant to 5 U.S.C. 801(a)(1)(A); to the Committee complaints of privacy violations, implemen- for Fiscal Year 2006, pursuant to 42 U.S.C. on Energy and Commerce. tation of the Privacy Act, and internal con- 1395i; jointly to the Committees on Energy 5298. A letter from the Principal Deputy trols, pursuant to Section 522 of the Consoli- and Commerce and Ways and Means. Associate Administrator, Environmental dated Appropriations Act of 2005; to the f Protection Agency, transmitting the Agen- Committee on House Administration. cy’s final rule — Standards of Performance 5310. A letter from the Under Secretary for REPORTS OF COMMITTEES ON for Stationary Spark Ignition Internal Com- Oceans and Atmosphere, Department of PUBLIC BILLS AND RESOLUTIONS bustion Engines and National Emission Commerce, transmitting the Department’s Under clause 2 of rule XIII, reports of Standards for Hazardous Air Pollutants for report regarding the activities of the North- Reciprocating Internal Combustion Engines west Atlantic Fisheries Organization for committees were delivered to the Clerk [EPA-HQ-OAR-2005-0030, FRL-8512-4] (RIN: 2006, pursuant to 16 U.S.C. 5601 et seq.; to the for printing and reference to the proper 2060-AM81) received December 26, 2007, pursu- Committee on Natural Resources. calendar, as follows: ant to 5 U.S.C. 801(a)(1)(A); to the Committee 5311. A letter from the Acting Staff Direc- Ms. SUTTON: Committee on Rules. House on Energy and Commerce. tor, Commission on Civil Rights, transmit- Resolution 974. Resolution providing for con- 5299. A letter from the Chairman, Council ting notification that the Commission re- sideration of the bill (H.R. 3521) to improve of the District of Columbia, transmitting a cently appointed members to the District of the Operating Fund for public housing of the copy of D.C. ACT 17-290, ‘‘Juvenile Speedy Columbia Advisory Committee; to the Com- Department of Housing and Urban Develop- Trial Equity Temporary Act of 2008,’’ pursu- mittee on the Judiciary. ment (Rept. 110–524). Referred to the House ant to D.C. Code section 1-233(c)(1); to the 5312. A letter from the Chairman, National Calendar. Committee on Oversight and Government Science Board, transmitting the Board’s re- Mr. HASTINGS of Florida: Committee on Reform. port entitled, ‘‘Moving Forward to Improve Rules. House Resolution 976. Resolution pro- 5300. A letter from the Chairman, Council Engineering Education’’; to the Committee viding for consideration of the bill (H.R. 5349) of the District of Columbia, transmitting a on Science and Technology. to extend the Protect America Act of 2007 for copy of D.C. ACT 17-289, ‘‘National Capital 5313. A letter from the American Legion, 21 days (Rept. 110–525). Referred to the House Revitalization Corporation and Anacostia transmitting the financial statement and Calendar. Waterfront Corporation Reorganization Act independent audit of The American Legion f of 2008,’’ pursuant to D.C. Code section 1- proceedings of the 89th annual National Con- 233(c)(1); to the Committee on Oversight and vention of the American Legion, held in PUBLIC BILLS AND RESOLUTIONS Government Reform. Reno, Nevada from August 24-30, 2007 and a Under clause 2 of rule XII, public 5301. A letter from the Chairman, Council report on the Organization’s activities for of the District of Columbia, transmitting a the year preceding the Convention, pursuant bills and resolutions were introduced copy of D.C. ACT 17-287, ‘‘Minority and to 36 U.S.C. 49; (H. Doc. No. —94); to the and severally referred, as follows: Women-Owned Business Assessment Act of Committee on Veterans’ Affairs and ordered By Ms. EDDIE BERNICE JOHNSON of 2008,’’ pursuant to D.C. Code section 1- to be printed. Texas (for herself and Mr. OBERSTAR): 233(c)(1); to the Committee on Oversight and 5314. A letter from the Secretary, Depart- H.R. 5336. A bill to amend the Comprehen- Government Reform. ment of Labor, transmitting the Depart- sive Environmental Response, Compensa- 5302. A letter from the Chairman, Council ment’s fourteenth report on the impact of tion, and Liability Act of 1980 to authorize of the District of Columbia, transmitting a the Andean Trade Preference Act on U.S. funding for brownfields revitalization activi- copy of D.C. ACT 17-286, ‘‘Operation Endur- trade and employment for 2007, pursuant to ties and State response programs, and for ing Freedom and Operation Iraqi Freedom 19 U.S.C. 3205; to the Committee on Ways and other purposes; to the Committee on Energy Active Duty Pay Differential Amendment Means. and Commerce, and in addition to the Com- Act of 2008,’’ pursuant to D.C. Code section 1- 5315. A letter from the Secretary, Depart- mittee on Transportation and Infrastruc- 233(c)(1); to the Committee on Oversight and ment of Health and Human Services, trans- ture, for a period to be subsequently deter- Government Reform. mitting the Department’s FY 2005 Annual mined by the Speaker, in each case for con- 5303. A letter from the Chairman, Council Report on the Child Support Enforcement sideration of such provisions as fall within of the District of Columbia, transmitting a Program in accordance with 452(a) of the So- the jurisdiction of the committee concerned. copy of D.C. ACT 17-285, ‘‘District of Colum- cial Security Act; to the Committee on Ways By Mrs. BIGGERT: bia Public Library Retirement Incentive and Means. H.R. 5337. A bill to extend the temporary Temporary Act of 2008,’’ pursuant to D.C. 5316. A letter from the Secretary, Depart- suspension of duty on triphenyltin hydrox- Code section 1-233(c)(1); to the Committee on ment of Health and Human Services, trans- ide; to the Committee on Ways and Means. Oversight and Government Reform. mitting the Department’s report entitled, By Mrs. BIGGERT: 5304. A letter from the Chairman, Council ‘‘Assets for Independence Demonstration H.R. 5338. A bill to extend the temporary of the District of Columbia, transmitting a Program: Status at the Conclusion of the suspension of duty on 4-(2,4-dichlorophenoxy) copy of D.C. ACT 17-284, ‘‘Adoption and Safe Seventh Year,’’ pursuant to Public Law 105- butyric acid and 4-(2,4-dichlorophenoxy) bu- Families Temporary Amendment Act of 285, section 414(d)(1); to the Committee on tyric acid, dimethylamine salt; to the Com- 2008,’’ pursuant to D.C. Code section 1- Ways and Means. mittee on Ways and Means. 233(c)(1); to the Committee on Oversight and 5317. A letter from the Assistant U.S. By Mrs. BIGGERT: Government Reform. Trade Representative for WTO and Multilat- H.R. 5339. A bill to extend the temporary 5305. A letter from the Chairman, Council eral Affairs, Office of the United States suspension of duty on Bromoxynil of the District of Columbia, transmitting a Trade Representative, transmitting the Ad- Octonoate; to the Committee on Ways and copy of D.C. ACT 17-283, ‘‘Disposition and Re- ministration’s Annual Report on Subsidies Means. development of Lot 854 in Square 441 Ap- Enforcement, pursuant to the Statement of By Mrs. BIGGERT: proval Act of 2008,’’ pursuant to D.C. Code Administrative Action of the Uruguay H.R. 5340. A bill to extend the temporary section 1-233(c)(1); to the Committee on Round Agreements Act; to the Committee on suspension of duty on dichlorprop-p acid, Oversight and Government Reform. Ways and Means. dichlorprop-p dimethylamine salt, and 5306. A letter from the Chairman, Council 5318. A letter from the Chair, Ticket to dichlorprop-p 2-ethylhexyl ester; to the Com- of the District of Columbia, transmitting a Work and Work Incentives Advisory Panel, mittee on Ways and Means. copy of D.C. ACT 17-282, ‘‘SafeRx Amend- transmitting the Panel’s Final Advice Re- By Mrs. BIGGERT: ment Act of 2008,’’ pursuant to D.C. Code sec- port on the Ticket to Work and Self-Suffi- H.R. 5341. A bill to extend the temporary tion 1-233(c)(1); to the Committee on Over- ciency Program (the Ticket Program); to the suspension of duty on Gibberellic Acid; to sight and Government Reform. Committee on Ways and Means. the Committee on Ways and Means. 5307. A letter from the Chairman, Council 5319. A letter from the Secretary, Depart- By Mrs. BIGGERT: of the District of Columbia, transmitting a ment of Health and Human Services, trans- H.R. 5342. A bill to extend the temporary copy of D.C. ACT 17-288, ‘‘Excellence in Local mitting the Department’s report on the re- suspension of duty on 2-methyl-4- Business Contract Grading Act of 2008,’’ pur- sults of a study on which Medicare bene- chlorophenoxyacetic acid; to the Committee suant to D.C. Code section 1-233(c)(1); to the ficiaries with specific chronic conditions are on Ways and Means.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H12FE8.REC H12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 12, 2008 CONGRESSIONAL RECORD — HOUSE H869 By Mrs. BIGGERT: victims of elder abuse, to provide training to By Mr. BARRETT of South Carolina: H.R. 5343. A bill to extend the temporary prosecutors and other law enforcement re- H.R. 5368. A bill to suspend the duty on suspension of duty on 2-ethylhexyl (4-chloro- lated to elder abuse prevention and protec- Aluminum (0.010″ and thicker); to the Com- 2-methylphenoxy) acetate; to the Committee tion, and for other purposes; to the Com- mittee on Ways and Means. on Ways and Means. mittee on the Judiciary, and in addition to By Mr. BARRETT of South Carolina: By Mrs. BIGGERT: the Committee on Ways and Means, for a pe- H.R. 5369. A bill to suspend temporarily the H.R. 5344. A bill to extend the temporary riod to be subsequently determined by the duty on certain products; to the Committee suspension of duty on 2-Methyl-4- Speaker, in each case for consideration of on Ways and Means. chlorophenoxy-acetic acid, dimethylamine such provisions as fall within the jurisdic- By Mr. BARRETT of South Carolina: salt; to the Committee on Ways and Means. tion of the committee concerned. H.R. 5370. A bill to suspend temporarily the By Mrs. BIGGERT: By Mr. MARKEY (for himself and Mr. duty on certain gelatins; to the Committee H.R. 5345. A bill to extend the temporary PICKERING): on Ways and Means. suspension of duty on MCPB Acid and MCPB H.R. 5353. A bill to establish broadband pol- By Mr. BARRETT of South Carolina: Sodium Salt; to the Committee on Ways and icy and direct the Federal Communications H.R. 5371. A bill to suspend the duty on Means. Commission to conduct a proceeding and Aluminum (0.008″ and thinner); to the Com- By Mrs. BIGGERT: public broadband summits to assess competi- mittee on Ways and Means. H.R. 5346. A bill to suspend temporarily the tion, consumer protection, and consumer By Ms. BEAN (for herself and Mr. duty on Imazapyr; to the Committee on choice issues relating to broadband Internet SIRES): Ways and Means. access services, and for other purposes; to H.R. 5372. A bill to amend the Internal Rev- By Mrs. BIGGERT: the Committee on Energy and Commerce. enue Code to allow a special depreciation al- H.R. 5347. A bill to suspend temporarily the By Mr. ACKERMAN: lowance for reuse and recycling property; to duty on metsulfuron-methyl; to the Com- H.R. 5354. A bill to suspend temporarily the the Committee on Ways and Means. mittee on Ways and Means. duty on certain theatrical lighting fixtures; By Mr. BOSWELL: By Mr. LANGEVIN (for himself and to the Committee on Ways and Means. H.R. 5373. A bill to amend the Internal Rev- Mr. SHAYS): By Mr. ACKERMAN: enue Code of 1986 to extend the energy effi- H.R. 5348. A bill to amend the Social Secu- H.R. 5355. A bill to suspend temporarily the cient appliance credit and the nonbusiness rity Act and the Internal Revenue Code of duty on certain theatrical lighting fixtures; energy property credit; to the Committee on 1986 to assure comprehensive, affordable to the Committee on Ways and Means. Ways and Means. health insurance coverage for all Americans By Mr. ACKERMAN: By Mr. BROWN of South Carolina: through an American Health Benefits Pro- H.R. 5356. A bill to suspend temporarily the H.R. 5374. A bill to extend the temporary gram; to the Committee on Ways and Means, duty on certain surge protective receptacles suspension of duty on sodium methylate and in addition to the Committee on Energy and surge suppressor strips; to the Com- powder; to the Committee on Ways and and Commerce, for a period to be subse- mittee on Ways and Means. Means. quently determined by the Speaker, in each By Mr. ACKERMAN: By Mr. BROWN of South Carolina: case for consideration of such provisions as fall within the jurisdiction of the committee H.R. 5357. A bill to suspend temporarily the H.R. 5375. A bill to extend the temporary concerned. duty on certain lighting control timers; to suspension of duty on Trimethyl cyclo By Mr. CONYERS (for himself and Mr. the Committee on Ways and Means. hexanol; to the Committee on Ways and By Mr. ACKERMAN: Means. REYES): H.R. 5349. A bill to extend the Protect H.R. 5358. A bill to suspend temporarily the By Mr. BROWN of South Carolina: America Act of 2007 for 21 days; to the Com- duty on certain electrical connectors and H.R. 5376. A bill to extend the temporary mittee on the Judiciary, and in addition to adaptors; to the Committee on Ways and suspension of duty on Thymol; to the Com- the Committee on Intelligence (Permanent Means. mittee on Ways and Means. Select), for a period to be subsequently de- By Mr. ACKERMAN: By Mr. BROWN of South Carolina: termined by the Speaker, in each case for H.R. 5359. A bill to extend the temporary H.R. 5377. A bill to extend the temporary consideration of such provisions as fall with- suspension of duty on aluminum lamp-holder suspension of duty on 1,2 Octanediol; to the in the jurisdiction of the committee con- housings containing sockets; to the Com- Committee on Ways and Means. cerned. mittee on Ways and Means. By Mr. BROWN of South Carolina: By Mr. SCOTT of Virginia (for himself By Mr. ACKERMAN: H.R. 5378. A bill to extend the temporary and Mrs. DRAKE): H.R. 5360. A bill to extend the temporary suspension of duty on Menthyl anthranilate; H.R. 5350. A bill to authorize the Secretary suspension of duty on brass lamp-holder to the Committee on Ways and Means. of Commerce to sell or exchange certain Na- housings containing sockets; to the Com- By Mr. BROWN of South Carolina: tional Oceanic and Atmospheric Administra- mittee on Ways and Means. H.R. 5379. A bill to extend the temporary tion property located in Norfolk, Virginia, By Mr. ACKERMAN: suspension of duty on 2- and for other purposes; to the Committee on H.R. 5361. A bill to extend the temporary Phenylbenzimidazole-5-sulfonic acid; to the Natural Resources, and in addition to the suspension of duty on plastic lamp-holder Committee on Ways and Means. Committee on Oversight and Government housings containing sockets; to the Com- By Mr. BROWN of South Carolina: Reform, for a period to be subsequently de- mittee on Ways and Means. H.R. 5380. A bill to extend the temporary termined by the Speaker, in each case for By Mr. ACKERMAN: suspension of duty on Methyl Salicylate; to consideration of such provisions as fall with- H.R. 5362. A bill to extend the temporary the Committee on Ways and Means. in the jurisdiction of the committee con- suspension of duty on porcelain lamp-holder By Mr. BROWN of South Carolina: cerned. housings containing sockets; to the Com- H.R. 5381. A bill to extend the temporary By Mr. RANGEL (for himself, Mr. mittee on Ways and Means. suspension of duty on Methyl cinnamate; to STARK, Mr. LEVIN, Mr. MCDERMOTT, By Mr. ACKERMAN: the Committee on Ways and Means. Mr. LEWIS of Georgia, Mr. NEAL of H.R. 5363. A bill to suspend temporarily the By Mr. BROWN of South Carolina: Massachusetts, Mr. BECERRA, Mr. duty on high current ground fault circuit in- H.R. 5382. A bill to extend the temporary DOGGETT, Mr. POMEROY, Mrs. JONES terrupters; to the Committee on Ways and suspension of duty on p-Methylaceto- of Ohio, Mr. LARSON of Connecticut, Means. phenone; to the Committee on Ways and Mr. EMANUEL, Mr. BLUMENAUER, Mr. By Mr. ACKERMAN: Means. KIND, Mr. PASCRELL, Mr. CROWLEY, H.R. 5364. A bill to suspend temporarily the By Mr. BROWN of South Carolina: Mr. VAN HOLLEN, Ms. SCHWARTZ, Ms. duty on in line ground fault circuit inter- H.R. 5383. A bill to extend the temporary CASTOR, Mr. COHEN, Mr. ELLISON, Ms. rupters; to the Committee on Ways and suspension of duty on 2,2-Dimethyl-3-(3- GIFFORDS, Mr. HALL of New York, Mr. Means. methylphenyl)proponal; to the Committee HILL, Mr. HODES, Ms. HIRONO, Mr. By Mr. ACKERMAN: on Ways and Means. JOHNSON of Georgia, Mr. KLEIN of H.R. 5365. A bill to suspend temporarily the By Mr. BROWN of South Carolina: Florida, Mr. MCNERNEY, Mr. SAR- duty on ground fault circuit interrupter re- H.R. 5384. A bill to suspend temporarily the BANES, Mr. SIRES, Ms. TSONGAS, and ceptacles of greater than 15 amps; to the duty on 1,2 Hexanediol; to the Committee on Mr. WELCH of Vermont): Committee on Ways and Means. Ways and Means. H.R. 5351. A bill to amend the Internal Rev- By Mr. ACKERMAN: By Mr. BROWN of South Carolina: enue Code of 1986 to provide tax incentives H.R. 5366. A bill to suspend temporarily the H.R. 5385. A bill to suspend temporarily the for the production of renewable energy and duty on ground fault circuit interrupter re- duty on 1,2 Pentanediol; to the Committee energy conservation; to the Committee on ceptacles of 15 amps or less; to the Com- on Ways and Means. Ways and Means. mittee on Ways and Means. By Mr. BROWN of South Carolina: By Mr. SESTAK: By Mr. ACKERMAN: H.R. 5386. A bill to extend the temporary H.R. 5352. A bill to protect seniors in the H.R. 5367. A bill to suspend temporarily the suspension of duty on 5-Methyl-2- United States from elder abuse by estab- duty on right angle ground fault circuit in- (methylethyl)cyclohexyl-2- lishing specialized elder abuse prosecution terrupters; to the Committee on Ways and hydroxypropanoate; to the Committee on and research programs and activities to aid Means. Ways and Means.

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By Mr. BROWN of South Carolina: H.R. 5401. A bill to authorize the Secretary HOOLEY, Mr. GENE GREEN of Texas, H.R. 5387. A bill to suspend temporarily the of Education to make grants for energy effi- Mr. LARSON of Connecticut, Mrs. duty on Frescolat MGA; to the Committee ciency improvements and renewable energy DRAKE, Ms. JACKSON-LEE of Texas, on Ways and Means. improvements at public school facilities, and Mr. AL GREEN of Texas, Mr. MOORE of By Mr. BROWN of South Carolina: for other purposes; to the Committee on Kansas, Ms. SCHWARTZ, Ms. SLAUGH- H.R. 5388. A bill to extend the temporary Education and Labor. TER, Ms. MOORE of Wisconsin, Ms. suspension of duty on Anisic Aldehyde; to By Mr. WELCH of Vermont (for him- DELAURO, Mr. ROSS, Ms. ROS- the Committee on Ways and Means. self, Mr. INSLEE, Mr. HINCHEY, Mr. LEHTINEN, Mr. LANGEVIN, Mrs. By Mr. BROWN of South Carolina: DAVIS of Illinois, Mr. MCDERMOTT, CAPITO, Ms. SOLIS, Mrs. LOWEY, Mrs. H.R. 5389. A bill to extend the temporary Mr. MILLER of North Carolina, Mr. BONO MACK, Mrs. MCCARTHY of New suspension of duty on o-tert- VAN HOLLEN, Mr. WYNN, Mr. HALL of York, Mrs. MYRICK, Ms. CLARKE, Ms. Butylcyclohexanol; to the Committee on New York, and Mr. CARNAHAN): HARMAN, Ms. CORRINE BROWN of Flor- Ways and Means. H.R. 5402. A bill to amend the Small Busi- ida, Mrs. DAVIS of California, and Ms. By Mr. BROWN of South Carolina: ness Act to establish the Office of Environ- HERSETH SANDLIN): H.R. 5390. A bill to reduce temporarily the ment, Energy, and Climate Change and to es- H. Res. 972. A resolution supporting the duty on 4-ADPA; to the Committee on Ways tablish the Climate Change Center and goals and ideals of American Heart Month and Means. Clearinghouse to provide support and infor- and National Wear Red Day; to the Com- By Mr. BROWN of South Carolina: mation on climate change to small business mittee on Energy and Commerce. H.R. 5391. A bill to suspend temporarily the concerns; to the Committee on Small Busi- By Mr. HINOJOSA (for himself and duty on sodium hypophosphite; to the Com- ness. Mrs. BIGGERT): mittee on Ways and Means. By Mr. YOUNG of Alaska (for himself H. Res. 973. A resolution supporting the By Mr. BROWN of South Carolina: and Mr. DICKS): goals and ideals of the 10th annual National H.R. 5392. A bill to extend the temporary H.R. 5403. A bill to amend the Alaska Na- Consumer Protection Week; to the Com- suspension of duty on Mixtures of N-phenyl- tive Claims Settlement Act to provide an eq- mittee on Energy and Commerce. N-((trichloromethyl)thio)- uitable distribution of land to the 13th Alas- By Mr. STARK: benzenesulfonamide, calcium carbonate, and ka Native Regional Corporation; to the Com- H. Res. 975. A resolution expressing the mineral oil; to the Committee on Ways and mittee on Natural Resources. condolences of the House of Representatives Means. By Mr. BROWN of South Carolina (for on the death of the Honorable Tom Lantos, a By Mr. BROWN of South Carolina: himself, Mr. OBERSTAR, Mr. MAN- Representative of the State of California; H.R. 5393. A bill to suspend temporarily the ZULLO, and Mr. MICHAUD): considered and agreed to. H. Con. Res. 291. Concurrent resolution rec- duty on Ferro Boron; to the Committee on By Mr. BRALEY of Iowa (for himself, Ways and Means. ognizing and honoring the 400th anniversary Mr. SARBANES, Mr. ABERCROMBIE, Ms. By Mr. BROWN of South Carolina: of Quebec City in Quebec, Canada, since its SUTTON, Mr. WELCH of Vermont, Mr. H.R. 5394. A bill to suspend temporarily the founding in 1608 by French explorer Samuel BOSWELL, Mrs. BOYDA of Kansas, Mr. duty on Cobalt Boron; to the Committee on de Champlain; to the Committee on Foreign ALTMIRE, Mr. KAGEN, Mr. WALZ of Ways and Means. Affairs. Minnesota, Ms. KAPTUR, Mr. ARCURI, By Mr. CARNAHAN (for himself, Mr. By Mr. CLEAVER (for himself and Mr. Mr. HARE, Mr. LOEBSACK, Mr. WILSON CLAY, Mr. COSTELLO, Mrs. EMERSON, SKELTON): of Ohio, Mr. OBEY, Mr. MICHAUD, Mr. Mr. SKELTON, Mr. CLEAVER, Mr. H. Con. Res. 292. Concurrent resolution DEFAZIO, Mr. SHULER, Mr. KLEIN of RUSH, Mr. DAVIS of Illinois, Mr. honoring Margaret Truman Daniel and her Florida, and Mr. MANZULLO): THOMPSON of Mississippi, Ms. WA- lifetime of accomplishments; to the Com- H. Res. 977. A resolution expressing the TERS, Mr. CONYERS, Mr. FRANK of mittee on Oversight and Government Re- sense of the House of Representatives that Massachusetts, Mr. PAYNE, Mr. AKIN, form. rebate checks would better stimulate the Ms. JACKSON-LEE of Texas, Ms. SOLIS, By Mr. GORDON (for himself, Mr. economy if spent on American-made prod- Mr. BECERRA, Mr. BISHOP of Georgia, ADERHOLT, Mr. BACHUS, Mr. BERRY, ucts and services from American-owned com- and Mr. LEWIS of Georgia): Mrs. BLACKBURN, Mr. CHANDLER, Mr. panies; to the Committee on Energy and H.R. 5395. A bill to designate the facility of COHEN, Mr. COOPER, Mr. CRAMER, Mr. Commerce. the United States Postal Service located at DAVID DAVIS of Tennessee, Mr. LIN- By Mr. KENNEDY (for himself, Mr. 11001 Dunklin Drive in St. Louis, Missouri, COLN DAVIS of Tennessee, Mr. DUN- LANGEVIN, Ms. MCCOLLUM of Min- as the ‘‘William ‘Bill’ Clay Post Office Build- CAN, Mr. ROGERS of Kentucky, Mr. nesota, Mrs. NAPOLITANO, Mr. TOWNS, ing’’; to the Committee on Oversight and ROSS, Mr. SNYDER, Mr. TANNER, Mr. Ms. DELAURO, Mr. HONDA, Mr. HARE, Government Reform. TAYLOR, Mr. WAMP, Mr. WHITFIELD of Mr. GRIJALVA, Ms. SUTTON, Ms. LINDA By Mr. TOM DAVIS of Virginia: Kentucky, Mr. DAVIS of Kentucky, T. SA´ NCHEZ of California, Mr. HIN- H.R. 5396. A bill to designate the Cold War Mr. DAVIS of Alabama, and Mr. CHEY, Mr. VAN HOLLEN, Mr. CHAN- Museum in Fairfax, Virginia, as the National BOOZMAN): DLER, Mrs. CAPPS, and Mr. Cold War Museum; to the Committee on H. Res. 971. A resolution expressing the LOEBSACK): Armed Services. sympathies and support of the House of Rep- H. Res. 978. A resolution expressing support By Mr. HODES: resentatives for the individuals and institu- H.R. 5397. A bill to suspend temporarily the tions affected by the powerful tornados that for the designation of the week of March 3- duty on certain battery assemblies; to the struck communities in Alabama, Arkansas, 7, 2008, as ‘‘School Social Work Week’’ to Committee on Ways and Means. Kentucky, Mississippi, and Tennessee on promote awareness of the vital role of school By Mr. HULSHOF: February 5th, 2008; to the Committee on social workers in schools, and in the commu- H.R. 5398. A bill to suspend temporarily the Transportation and Infrastructure. nity as a whole, in helping students prepare duty on certain mixtures containing [3-[(6-- By Mrs. CAPPS (for herself, Ms. for their future as productive citizens; to the chloro-3-pridinyl)methyl]-2- FALLIN, Ms. SCHAKOWSKY, Mrs. Committee on Education and Labor. thiazolidinylidene]cyana ide; to the Com- MCMORRIS RODGERS, Mrs. f mittee on Ways and Means. CHRISTENSEN, Mrs. CUBIN, Ms. By Mr. ISSA: BORDALLO, Ms. LORETTA SANCHEZ of ADDITIONAL SPONSORS H.R. 5399. A bill to suspend temporarily the California, Ms. BALDWIN, Mr. ENGEL, Under clause 7 of rule XII, sponsors duty on certain travel bags with a removable Ms. SUTTON, Ms. GINNY BROWN-WAITE were added to public bills and resolu- backpack or daypack; to the Committee on of Florida, Ms. WASSERMAN SCHULTZ, Ways and Means. Ms. MATSUI, Ms. MCCOLLUM of Min- tions as follows: By Mr. LATOURETTE (for himself, Mr. nesota, Ms. SHEA-PORTER, Ms. H.R. 81: Mrs. CHRISTENSEN. JORDAN, Ms. KAPTUR, Mr. KUCINICH, HIRONO, Ms. KAPTUR, Mrs. BIGGERT, H.R. 136: Mr. BOOZMAN and Mr. CHABOT. Mr. RYAN of Ohio, Mr. TIBERI, Mr. Mrs. MALONEY of New York, Mrs. H.R. 190: Mr. LINCOLN DAVIS of Tennessee, TURNER, Ms. SUTTON, Mr. WILSON of NAPOLITANO, Mr. MARKEY, Mr. STU- Mr. BROUN of Georgia, and Mr. ENGLISH of Ohio, Mr. LATTA, Mr. HOBSON, Mrs. PAK, Mr. TOWNS, Ms. NORTON, Ms. Pennsylvania. JONES of Ohio, and Mr. CHABOT): BEAN, Mr. ALTMIRE, Mrs. TAUSCHER, H.R. 219: Mr. LATOURETTE. H.R. 5400. A bill to designate the facility of Mr. KIND, Mr. BILBRAY, Mr. HINCHEY, H.R. 245: Mr. WEXLER. the United States Postal Service located at Mr. HOLT, Mr. MORAN of Virginia, Mr. H.R. 278: Mr. ARCURI. 160 East Washington Street in Chagrin Falls, BOUSTANY, Mr. KENNEDY, Mr. MCGOV- H.R. 333: Mr. GENE GREEN of Texas and Mr. Ohio, as the ‘‘Sgt. Michael M. Kashkoush ERN, Mr. PICKERING, Mr. FARR, Ms. INSLEE. Post Office Building’’; to the Committee on EDDIE BERNICE JOHNSON of Texas, H.R. 471: Mr. TURNER and Mr. FEENEY. Oversight and Government Reform. Mrs. SCHMIDT, Mr. BISHOP of New H.R. 555: Mr. FRANK of Massachusetts. By Mr. LOEBSACK (for himself, Mr. York, Mrs. WILSON of New Mexico, H.R. 648: Mr. CLAY, Ms. EDDIE BERNICE HARE, Ms. HOOLEY, Mr. PAYNE, Mr. Ms. PRYCE of Ohio, Ms. WOOLSEY, Ms. JOHNSON of Texas, Mr. MOORE of Kansas, Mr. VAN HOLLEN, Mr. BOSWELL, and Mr. ZOE LOFGREN of California, Mr. RENZI, and Mr. MATHESON. KAGEN): ISRAEL, Ms. ROYBAL-ALLARD, Ms. H.R. 661: Mr. WYNN.

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H.R. 685: Mr. KUHL of New York. H.R. 3304: Mr. STEARNS. H.R. 5152: Ms. SCHAKOWSKY. H.R. 724: Mr. LAMBORN. H.R. 3471: Mr. SMITH of Washington, Mrs. H.R. 5161: Mr. EHLERS, Mr. BLUMENAUER, H.R. 827: Mr. SOUDER. CAPITO, and Mr. SHAYS. and Mr. BARTLETT of Maryland. H.R. 847: Mr. HERGER. H.R. 3563: Mr. CAPUANO and Mr. MCGOVERN. H.R. 5167: Ms. SCHAKOWSKY and Ms. H.R. 850: Mr. BOOZMAN and Mr. CHABOT. H.R. 3599: Mr. CONYERS. WASSERMAN SCHULTZ. H.R. 1000: Mr. ACKERMAN, Mrs. BOYDA of H.R. 3635: Mr. DAVIS of Illinois, Mr. H.R. 5173: Mr. KLINE of Minnesota, Mr. Kansas, Mr. DONNELLY, Mr. ELLSWORTH, Mr. SESTAK, and Mr. CLEAVER. WAMP, and Mr. GORDON. ENGEL, Mr. HILL, Mr. LAMPSON, Mr. H.R. 3652: Mr. STUPAK. H.R. 5180: Mr. LEWIS of Kentucky, Mr. LOEBSACK, Mr. MEEK of Florida, Mr. MOORE H.R. 3660: Ms. HERSETH SANDLIN and Mr. ELLISON, Mr. COHEN, Mr. DELAHUNT, Mr. of Kansas, Mr. POMEROY, Mr. SHERMAN, Mr. LATOURETTE. MICHAUD, Mr. CUMMINGS, Mr. ETHERIDGE, Mr. SIRES, Mr. VISCLOSKY, Ms. TSONGAS, Mr. H.R. 3679: Mr. PETERSON of Minnesota. CLEAVER, Ms. SUTTON, Mr. DAVIS of Ken- H.R. 3698: Ms. SHEA-PORTER. DUNCAN, Mr. GOODE, Mr. JONES of North tucky, Mr. HOLDEN, Mr. TOWNS, and Mr. H.R. 3738: Ms. GINNY BROWN-WAITE of Flor- Carolina, Mr. KINGSTON, Mr. LAHOOD, Mr. KAGEN. ida. MANZULLO, Ms. PRYCE of Ohio, Mr. RAMSTAD, H.R. 5193: Mr. DAVIS of Illinois. H.R. 3754: Ms. MATSUI, Mr. KIND, Mrs. BONO H.R. 5222: Mr. MCKEON, Mr. BUYER, Mr. BU- Mr. ROHRABACHER, Mrs. SCHMIDT, Mr. SMITH Mack, Mr. SHIMKUS, and Mr. BUTTERFIELD. CHANAN, Mr. FORTENBERRY, Mr. DENT, Mr. of New Jersey, Mr. STEARNS, Mr. WELLER, H.R. 3819: Mrs. NAPOLITANO and Mr. GOR- RADANOVICH, Mr. SHAYS, Mr. STEARNS, Mr. Mr. WOLF, Mr. ORTIZ, and Mr. MCINTYRE. DON. WHITFIELD of Kentucky, Mr. BILBRAY, Mr. H.R. 1074: Ms. SUTTON, Mr. DAVIS of Ala- H.R. 3846: Ms. WASSERMAN SCHULTZ. PETERSON of Pennsylvania, and Mr. BLUNT. bama, and Mr. MEEK of Florida. H.R. 3902: Mr. BOSWELL. H.R. 5223: Mr. DELAHUNT, Mr. HOLDEN, Mr. H.R. 1102: Mr. DEFAZIO and Mr. FRANK of H.R. 3932: Mr. SNYDER and Mrs. MALONEY of MCDERMOTT, Mr. PETERSON of Minnesota, Massachusetts. New York. Mr. MCCAUL of Texas, and Ms. LORETTA H.R. 1134: Mr. SESTAK and Mr. SMITH of H.R. 3934: Mr. BARTON of Texas and Mr. SANCHEZ of California. Washington. LARSEN of Washington. H.R. 5229: Mrs. CHRISTENSEN, Mr. ORTIZ, H.R. 1306: Mr. SESSIONS. H.R. 4063: Mr. FILNER and Mr. CUMMINGS. Mr. LAMPSON, Mr. TERRY, Mr. SMITH of H.R. 1328: Mr. WALZ of Minnesota. ETRI ANZULLO H.R. 4126: Mr. P , Mr. M , Mrs. Washington, and Mr. SIMPSON. H.R. 1431: Mr. WYNN. CHRISTENSEN, and Mr. DAVIS of Kentucky. H.R. 5231: Mr. PERLMUTTER. H.R. 1439: Mr. BURGESS. H.R. 4131: Ms. SCHAKOWSKY, Ms. WOOLSEY, H.R. 5233: Ms. FOXX, Mr. WITTMAN of Vir- H.R. 1474: Mr. PORTER, Mr. SMITH of New Ms. EDDIE BERNICE JOHNSON of Texas, Mr. ginia, Mr. MEEK of Florida, Mr. GERLACH, Jersey, and Mrs. BONO MACK. VAN HOLLEN, Mr. BISHOP of New York, Mrs. Mr. COBLE, and Mr. FRANKS of Arizona. H.R. 1553: Mrs. CUBIN. TAUSCHER, Mr. FILNER, Mr. BRALEY of Iowa, H.R. 5244: Mr. DELAHUNT, Ms. DELAURO, H.R. 1560: Mr. MURPHY of Connecticut. Mr. MITCHELL, Mr. ARCURI, Mr. RAHALL, Mr. Mr. RAHALL, and Mr. BLUMENAUER. H.R. 1588: Ms. DEGETTE. MICHAUD, Mr. SALAZAR, Ms. HIRONO, Mr. H.R. 5265: Mr. UPTON, Mr. SAXTON, Mr. SES- H.R. 1589: Mr. PUTNAM. LARSEN of Washington, and Mr. CARNAHAN. SIONS, Mr. KING of New York, Mr. WALZ of H.R. 1594: Mr. FRANKS of Arizona. H.R. 4169: Ms. GINNY BROWN-WAITE of Flor- Minnesota, Mr. REYES, Mr. PAYNE, Mr. FER- H.R. 1621: Mr. KANJORSKI, Ms. WATERS, and ida. GUSON, Mr. BILBRAY, Mr. ELLISON, Mr. NEAL Mr. PERLMUTTER. H.R. 4206: Mr. TOWNS. of Massachusetts, Ms. SUTTON, Mr. H.R. 1653: Mr. MORAN of Virginia and Ms. H.R. 4236: Mr. CAPUANO, Mr. NEAL of Mas- WHITFIELD of Kentucky, Mr. HOLDEN, Mr. LORETTA SANCHEZ of California. sachusetts, Mr. SIRES, and Mr. ARCURI. ARCURI, Mr. GERLACH, and Mr. MCGOVERN. H.R. 1791: Mr. ALTMIRE. H.R. 4248: Mr. FARR, Mr. JONES of North H.R. 5268: Mr. WAXMAN. H.R. 1964: Ms. TSONGAS. Carolina, Mr. MCINTYRE, Mr. PATRICK MUR- H.R. 5292: Mr. SERRANO. H.R. 1975: Mr. CARNAHAN. PHY of Pennsylvania, and Ms. HOOLEY. H.R. 5310: Mr. CALVERT. H.R. 2040: Mr. MILLER of Florida, Mr. H.R. 4293: Mr. SOUDER. H.R. 5335: Mr. BOREN, Mrs. EMERSON, and LAHOOD, Mrs. WILSON of New Mexico, Mr. H.R. 4296: Ms. DEGETTE. Mr. CRAMER. SHIMKUS, Mr. REYNOLDS, Mr. WILSON of H.R. 4318: Mr. KUHL of New York. H.J. Res. 67: Mr. KLINE of Minnesota, and South Carolina, Mr. KLINE of Minnesota, and H.R. 4321: Mr. BISHOP of Georgia, Mrs. Mr. WILSON of South Carolina. Mr. SMITH of New Jersey. DRAKE, and Mr. WALZ of Minnesota. H. Con. Res. 32: Mr. KINGSTON and Mr. H.R. 2075: Mr. COLE of Oklahoma. H.R. 4335: Mr. HINCHEY and Ms. MCCOLLUM BOOZMAN. H.R. 2108: Mr. FARR. of Minnesota. H. Con. Res. 120: Mr. SKELTON. H.R. 4449: Mr. CAPUANO. H. Con. Res. 250: Mr. STEARNS. H.R. 2131: Mr. BACHUS. H.R. 4464: Mr. DEAL of Georgia, Mr. MORAN H. Con. Res. 260: Mr. TERRY. H.R. 2134: Mr. PENCE. of Kansas, Mr. GRAVES, Mr. CONAWAY, Mr. H. Con. Res. 263: Mr. LATOURETTE and Mr. H.R. 2188: Mr. YARMUTH. LINDER, Mr. MARSHALL, and Mr. SULLIVAN. WHITFIELD of Kentucky. H.R. 2221: Ms. HARMAN. H.R. 4540: Mr. COSTELLO. H. Con. Res. 268: Mr. HINCHEY, Mrs. H.R. 2223: Mr. CALVERT. H.R. 4611: Mr. ACKERMAN. TAUSCHER, and Mr. SESTAK. H.R. 2267: Mr. LATTA and Mr. SHAYS. H.R. 4879: Ms. BALDWIN. H. Con. Res. 275: Ms. WATSON. H.R. 2290: Mr. COBLE and Mr. EMANUEL. H.R. 4912: Ms. SCHWARTZ. H. Con. Res. 280: Ms. DEGETTE and Ms. H.R. 2303: Mr. BUTTERFIELD, Mr. SAXTON, H.R. 4926: Mr. PORTER and Mr. VAN WASSERMAN SCHULTZ. Ms. LORETTA SANCHEZ of California, and Mr. HOLLEN. H. Con. Res. 281: Mr. FORTENBERRY and Mr. RAMSTAD. H.R. 4930: Mr. ENGLISH of Pennsylvania, HENSARLING. H.R. 2362: Mr. NEAL of Massachusetts. Ms. HERSETH SANDLIN, Mr. PETERSON of Min- H. Con. Res. 284: Mr. BROUN of Georgia. H.R. 2370: Mr. SESTAK. nesota, Ms. MCCOLLUM of Minnesota, and Mr. H. Con. Res. 289: Ms. SCHAKOWSKY, Mr. DIN- H.R. 2507: Mr. BARTLETT of Maryland. GERLACH. GELL, Ms. WASSERMAN SCHULTZ, Mr. PASTOR, H.R. 2514: Mr. KIND. H.R. 4936: Ms. BERKLEY. Mr. BRADY of Pennsylvania, and Ms. KIL- H.R. 2577: Mrs. MYRICK. H.R. 4959: Ms. ESHOO, Ms. WATERS, and Ms. PATRICK. H.R. 2604: Mr. ROTHMAN. MATSUI. H. Con. Res. 290: Mr. SESTAK, Mr. COHEN, H.R. 2694: Ms. BERKLEY. H.R. 4987: Mr. BROUN of Georgia, Mrs. Mr. AL GREEN of Texas, Ms. BORDALLO, Mr. H.R. 2702: Mr. KING of New York. CUBIN, Mrs. CAPITO, Mr. GARRETT of New Jer- BOOZMAN, Mr. BROWN of South Carolina, Mr. H.R. 2703: Mr. SHAYS. sey, Mr. GOODLATTE, Ms. FALLIN, Mr. CAMP- LARSEN of Washington, Mr. SCHIFF, Mr. H.R. 2708: Ms. DELAURO and Mr. FILNER. BELL of California, Mr. HAYES, Mr. BOOZMAN, WEINER, and Mr. WILSON of South Carolina. H.R. 2712: Ms. GINNY BROWN-WAITE of Flor- Mr. SAM JOHNSON of Texas, and Mr. SUL- H. Res. 102: Mr. VAN HOLLEN. ida. LIVAN. H. Res. 105: Mr. SOUDER and Mr. MARCHANT. H.R. 2744: Mr. GERLACH, Mr. UDALL of Colo- H.R. 5036: Mr. DELAHUNT, Mr. TIERNEY, Mr. H. Res. 111: Mr. CARTER. rado, Mr. BOSWELL, Mr. ROSS, Mr. HIGGINS, STARK, Ms. SCHWARTZ, Ms. SHEA-PORTER, and H. Res. 127: Mr. FEENEY, Mr. PAYNE, Mr. Mr. CLEAVER, and Mr. CHANDLER. Mr. COURTNEY. JONES of North Carolina, Ms. HIRONO, Mr. H.R. 2790: Mr. MICHAUD. H.R. 5057: Ms. WASSERMAN SCHULTZ, Ms. SKELTON, Mr. GOODLATTE, Mr. ROGERS of H.R. 2792: Mr. DOYLE. ZOE LOFGREN of California, Mr. DELAHUNT, Kentucky, Mr. FERGUSON, Mr. SIMPSON, Mr. H.R. 2851: Mrs. DAVIS of California and Ms. and Mr. MORAN of Virginia. WITTMAN of Virginia, Mr. LEWIS of Ken- LINDA T. SA´ NCHEZ of California. H.R. 5058: Mr. FILNER, Mr. HODES, Mr. MIL- tucky, Mr. DUNCAN, Mr. BOUSTANY, Mr. H.R. 2892: Mr. STUPAK. LER of North Carolina, Ms. SCHAKOWSKY, Mr. DAVID DAVIS of Tennessee, Mr. WESTMORE- H.R. 2923: Mr. TAYLOR. MICHAUD, Mr. DELAHUNT, and Ms. HARMAN. LAND, Mr. WALSH of New York, Mr. SENSEN- H.R. 2933: Mr. BLUNT. H.R. 5087: Mr. LOBIONDO and Mr. CHABOT. BRENNER, Mr. REGULA, Mr. MCCOTTER, Mr. H.R. 2941: Mr. ALTMIRE and Mr. SESTAK. H.R. 5131: Mr. BURTON of Indiana, Ms. LATOURETTE, Mr. REHBERG, Mr. THORN- H.R. 2991: Ms. WASSERMAN SCHULTZ. GINNY BROWN-WAITE of Florida, Ms. FALLIN, BERRY, Mr. SHUSTER, Mr. ROGERS of Michi- H.R. 3080: Mr. LATOURETTE. Mr. SAM JOHNSON of Texas, Mr. FORTUN˜ O, Mr. gan, Mr. MCNULTY, Mr. BOYD of Florida, Ms. H.R. 3197: Ms. HOOLEY, Mr. DAVIS of Illi- WILSON of South Carolina, and Mr. KAPTUR, Mr. GILCHREST, Mr. RENZI, Mr. BER- nois, Mr. HONDA, and Mr. DEFAZIO. CULBERSON. MAN, Mr. KLINE of Minnesota, Mr. SAM JOHN- H.R. 3212: Mr. JOHNSON of Georgia, and Mr. H.R. 5148: Mr. CONAWAY, Mr. PETERSON of SON of Texas, Mr. TIM MURPHY of Pennsyl- FRANK of Massachusetts. Minnesota, Mr. TERRY, Mr. CHABOT, and Mrs. vania, Mr. WAMP, Mr. LINCOLN DAVIS of Ten- H.R. 3213: Mr. LATTA. EMERSON. nessee, Mr. RUSH, Mr. HELLER, Mr. LAHOOD,

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Mr. SALAZAR, Mr. MELANCON, Mr. HOLDEN, of Connecticut, Mr. DONNELLY, Mr. Mr. HODES, Mr. SERRANO, Mr. COSTA, Ms. Mr. MICHAUD, Ms. LINDA T. SA´ NCHEZ of Cali- GRIJALVA, Mr. ALLEN, Mr. MCNERNEY, Mr. SHEA-PORTER, Mr. BACA, Mr. GONZALEZ, Mrs. fornia, Mr. CUMMINGS, Mr. WALDEN of Or- ROSS, Mr. RYAN of Ohio, Mr. SIRES, Ms. MALONEY of New York, Ms. GINNY BROWN- egon, Mr. WOLF, Mr. REYNOLDS, Mrs. WILSON BERKLEY, Mr. BACA, Mr. BRALEY of Iowa, Mr. WAITE of Florida, Mr. BILIRAKIS, Mr. MORAN of New Mexico, and Mr. AKIN. BOYD of Florida, Ms. ROYBAL-ALLARD, Mr. of Kansas, Mr. BROWN of South Carolina, and H. Res. 259: Mr. FOSSELLA, Mr. PETERSON of CUELLAR, and Ms. HOOLEY. Mr. COHEN. Minnesota, Ms. WASSERMAN SCHULTZ, Mr. H. Res. 939: Mr. TERRY and Mr. COBLE. H. Res. 966: Mr. RUSH, Mr. COOPER, and Mr. COHEN, Ms. WOOLSEY, Mr. YOUNG of Alaska, H. Res. 945: Mr. CLEAVER. BRADY of Pennsylvania. Mr. BROUN of Georgia, Mr. WILSON of Ohio, H. Res. 951: Mr. BLUNT, Mr. BOYD of Flor- Mr. JOHNSON of Georgia, and Ms. SUTTON. ida, Mr. BRADY of Texas, Mr. CONAWAY, Mrs. f H. Res. 356: Mr. FARR. CUBIN, Mr. DAVID DAVIS of Tennessee, Mr. CONGRESSIONAL EARMARKS, LIM- H. Res. 555: Mr. CAMP of Michigan. DENT, Mr. DOOLITTLE, Mr. FERGUSON, Mr. H. Res. 700: Mr. PATRICK MURPHY of Penn- FRANK of Massachusetts, Mr. FRELING- ITED TAX BENEFITS, OR LIM- sylvania. HUYSEN, Mrs. GILLIBRAND, Mr. HALL of New ITED TARIFF BENEFITS H. Res. 733: Mrs. BOYDA of Kansas. York, Mr. HARE, Mr. JOHNSON of Illinois, Under clause 9 of rule XXI, lists or H. Res. 820: Ms. MCCOLLUM of Minnesota. Mrs. MILLER of Michigan, Mr. PALLONE, Mr. statements on congressional earmarks, H. Res. 821: Mr. PENCE. PETERSON of Pennsylvania, Mr. REICHERT, limited tax benefits, or limited tariff H. Res. 838: Mr. TIAHRT. Mr. ROGERS of Michigan, Mr. ROSKAM, Ms. H. Res. 883: Ms. WASSERMAN SCHULTZ. WASSERMAN SCHULTZ, Mr. TOWNS, Mr. UPTON, benefits were submitted as follows: H. Res. 888: Mr. TURNER, Mr. Broun of Mr. WESTMORELAND, Mr. WOLF, Mrs. MCCAR- The amendment to be offered by Rep- Georgia, Mr. WAMP, Ms. FOXX, Mr. ROSS, Mr. THY of New York, Mr. COURTNEY, and Mr. resentative FRANK of Massachusetts or a des- GOODLATTE, Mr. LINCOLN DAVIS of Tennessee, FOSSELLA. ignee to H.R. 3521 the Public Housing Asset Mrs. BLACKBURN, Mr. HOEKSTRA, Mr. PUT- H. Res. 953: Mr. ISSA and Mr. LATTA. Management Improvement Act of 2007, does NAM, Mr. BARTON of Texas, Mr. SESSIONS, Mr. H. Res. 954: Mrs. LOWEY. not contain any congressional earmarks, MANZULLO, Mr. PICKERING, Mr. WITTMAN of H. Res. 958: Mr. HELLER, Mrs. MYRICK, Mr. limited tax benefits, or limited tariff bene- Virginia, Mr. COBLE, Mr. RAHALL, and Mr. KUHL of New York, Mr. LATTA, Mr. RADANO- fits as defined in clause 9(d), 9(e), or 9(f) of LEWIS of Kentucky. VICH, Mr. HUNTER, Mr. JORDAN, Mr. POE, and Rule XXI. H. Res. 896: Mrs. CHRISTENSEN and Ms. Mr. MCHENRY. OFFERED BY MR. REYES BORDALLO. H. Res. 959: Mr. BURTON of Indiana, Mr. The provisions that warranted a referral to H. Res. 917: Ms. RICHARDSON and Mr. ROTH- HENSARLING, Mr. BRADY of Pennsylvania, Mr. the Permanent Select Committee on Intel- MAN. SESTAK, and Ms. BORDALLO. ligence in H.R. 5349 do not contain any con- H. Res. 924: Mr. KAGEN, Mr. HONDA, Mrs. H. Res. 960: Mr. THOMPSON of California and gressional earmarks, limited tax benefits, or BOYDA of Kansas, and Ms. HIRONO. Mr. FERGUSON. limited tariff benefits as defined in clause H. Res. 925: Mr. PLATTS, Mr. WOLF, Ms. H. Res. 962: Mrs. CHRISTENSEN, Mr. CLEAV- 9(d), 9(e), or 9(f) of Rule XXI. FALLIN, Mr. MCHENRY, Mr. BARRETT of South ER, Mr. HIGGINS, and Mr. WATT. Carolina, Mr. ROGERS of Alabama, and Mr. H. Res. 963: Mr. EDWARDS, Mr. ORTIZ, Ms. OFFERED BY MR. CONYERS HUNTER. BORDALLO, Mrs. Boyda of Kansas, Ms. SUT- The provisions that warranted a referral to H. Res. 930: Mr. ALTMIRE and Mr. COHEN. TON, Mr. MAHONEY of Florida, Mr. HOLDEN, the Committee on the Judiciary in H.R. 5349, H. Res. 934: Mr. HENSARLING, Mr. BARTON of Mr. TOWNS, Mr. CARNEY, Mr. HINCHEY, Mr. do not contain any congressional earmaks, Texas, Mr. FATTAH, Mr. COOPER, Mr. SCHIFF, HINOJOSA, Ms. ROYBAL-ALLARD, Mr. limited tax benefits, or limited tariff bene- Mr. MOORE of Kansas, Ms. DEGETTE, Ms. CUELLAR, Mr. REYES, Mr. MITCHELL, Mr. fits as defined in clause 9(d), 9(e), or 9(f) of HERSETH SANDLIN, Mr. ALTMIRE, Mr. MURPHY GUTIERREZ, Mr. ETHERIDGE, Mr. GRIJALVA, Rule XXI.

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Vol. 154 WASHINGTON, TUESDAY, FEBRUARY 12, 2008 No. 23 Senate The Senate met at 10 a.m. and was appoint the Honorable JON TESTER, a Sen- The overwhelming bipartisan vote in called to order by the Honorable JON ator from the State of Montana, to perform the Intelligence Committee reflected TESTER, a Senator from the State of the duties of the Chair. the care, concern, and good faith that Montana. ROBERT C. BYRD, went into crafting the bill. The final President pro tempore. vote was not 15 to 0, but it was 13 to 2, PRAYER Mr. TESTER thereupon assumed the which around here is pretty close. The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. The Rockefeller-Bond bill contained fered the following prayer: f the two main ingredients that are Let us pray. needed to sign this bill into law. It will God of the universe, Creator of the RECOGNITION OF THE MAJORITY LEADER allow intelligence professionals to do human family, enlarge our minds and their jobs, and it will not allow trial open the doors to our hearts that we The ACTING PRESIDENT pro tem- lawyers to sue the telecommunications may think Your thoughts and pattern pore. The majority leader is recog- companies that may have participated our affections after Yours. nized. and, according to the intelligence, Guide the Members of this legislative f acted in good faith to help protect our body. Make them good managers of the country. different talents you have given them. SCHEDULE A bill that does not satisfy these two May they use these gifts for the good of Mr. REID. Mr. President, following requirements will not become law, nor others. Lord, increase their respect for the remarks that I will make and per- should it. And, in fact, Mr. President, I one another that they will seek first to haps the Republican leader will make, know the Senator from Missouri, our understand rather than to be under- we are going to resume consideration ranking member, is going to make the stood. Open their eyes to new horizons of the Foreign Intelligence Surveil- point that all of these amendments of truth that they have not known be- lance Act and will immediately pro- fore. When they have to stand alone, need to be defeated if, in fact, we are ceed to a series of rollcall votes in rela- going to get a signature on this bill. It when loyalty makes them unpopular, tion to the remaining amendments and give them the courage to faithfully do will be the only way in the end to pro- cloture on the bill. The managers are tect our country. Your will. working on a couple of amendments to We pray in the Name of Him who is Last week was a great example of see if they can be accepted by voice the truth. Amen. what we can accomplish when we work vote. But there could be as many as with each other instead of against each f nine rollcall votes. If we have not com- other. We were able to pass an eco- PLEDGE OF ALLEGIANCE pleted voting on these items prior to nomic growth package on an over- The Honorable JON TESTER led the the caucus time, we will resume votes whelming bipartisan basis which the Pledge of Allegiance, as follows: after the recess. President will sign tomorrow. I pledge allegiance to the Flag of the f We have another chance this week to United States of America, and to the Repub- put up a bipartisan win by passing the RECOGNITION OF THE MINORITY lic for which it stands, one nation under God, Rockefeller-Bond bill, a bill that is LEADER indivisible, with liberty and justice for all. critical to protecting the homeland f The ACTING PRESIDENT pro tem- from attack and protecting our forces APPOINTMENT OF ACTING pore. The Republican leader is recog- fighting overseas. PRESIDENT PRO TEMPORE nized. I am confident that with the help of friends on the other side of the aisle, The PRESIDING OFFICER. The f we can work through the pending clerk will please read a communication FOREIGN INTELLIGENCE amendments, send it over to the House, to the Senate from the President pro SURVEILLANCE ACT and then send it on to the President for tempore (Mr. BYRD). Mr. MCCONNELL. Mr. President, The legislative clerk read the fol- his signature this week. today the Senate will finish the bipar- lowing letter: f tisan Rockefeller-Bond bill. This bill is U.S. SENATE, the product of months of painstaking THE ABRAHAM LINCOLN PRESIDENT PRO TEMPORE, negotiations between Senate Repub- BICENTENNIAL CELEBRATION Washington, DC, February 12, 2008. To the Senate: licans and Democrats and benefitted Mr. MCCONNELL. Mr. President, Under the provisions of rule I, paragraph 3, from the participation of intelligence today on February 12, America cele- of the Standing Rules of the Senate, I hereby experts in the executive branch. brates the birthday of the greatest

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

S879

VerDate Aug 31 2005 02:50 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.000 S12FEPT1 ccoleman on PRODPC75 with SENATE S880 CONGRESSIONAL RECORD — SENATE February 12, 2008 leader our country has ever produced. ciary Committee and Senator LEAHY. ernize and streamline the provisions of that And my home State of Kentucky has a As a result of that work, the bill has act, and for other purposes. front-row seat in the celebration. already been made better and, hope- Pending: Abraham Lincoln was born February fully, we can adopt some of these Rockefeller/Bond amendment No. 3911, in 12, 1809, in a log cabin 3 miles south of amendments today. the nature of a substitute. Hodgenville, KY. The one-room cabin We, for example, have as a result of Whitehouse amendment No. 3920 (to the work done by the Judiciary Com- amendment No. 3911), to provide procedures measured 16 by 18 feet, had a dirt floor, for compliance reviews. and no glass in the windows. mittee a compromise reached on a Feingold amendment No. 3979 (to amend- The future President was born with number of amendments that have made ment No. 3911), to provide safeguards for no advantages in life except for a this bill better, including a Feingold communications involving persons inside the strong curiosity and a sterling char- amendment providing Congress with United States. acter. By the end of his life, this man FISA Court documents that will facili- Feingold/Dodd amendment No. 3912 (to tate congressional oversight and enable amendment No. 3911), to modify the require- of humble background had united our ments for certifications made prior to the country by demonstrating leadership Congress to better understand the initiation of certain acquisitions. during America’s time of greatest cri- court’s interpretation of the laws we Dodd amendment No. 3907 (to amendment sis, and he showed our country the true passed; a Whitehouse amendment giv- No. 3911), to strike the provisions providing value of the Declaration of Independ- ing the FISA Court the discretion to immunity from civil liability to electronic ence by asserting that there must be stay lower FISA Court decisions pend- communication service providers for certain ing appeal rather than requiring a assistance provided to the Government. no exceptions to the ideal that all men Bond/Rockefeller modified amendment No. are created equal. stay; a Kennedy amendment providing 3938 (to amendment No. 3911), to include pro- Two centuries later, America looks that under the new authority provided hibitions on the international proliferation back with gratitude at our 16th Presi- by this bill the Government may not of weapons of mass destruction in the For- dent by celebrating the Lincoln Bicen- intentionally acquire communications eign Intelligence Surveillance Act of 1978. tennial. The Commonwealth of Ken- when it knows ahead of time that the Feinstein amendment No. 3910 (to amend- sender and all intended recipients are ment No. 3911), to provide a statement of the tucky can take special pride in the fact exclusive means by which electronic surveil- that Lincoln was one of our own, and in the United States. lance and interception of certain commu- the Lincoln Bicentennial’s opening The bill has been made better. The nications may be conducted. ceremonies will take place in bill that Senator ROCKEFELLER and Feinstein amendment No. 3919 (to amend- Hodgenville. So begins a 2-year event Senator BOND did is not a bill that is ment No. 3911), to provide for the review of celebrating the great emancipator’s perfect in nature, and I hope they will certifications by the Foreign Intelligence Surveillance Court. life and legacy. All across the country, acknowledge that point. The bill has been made better as a result of work Specter/Whitehouse amendment No. 3927 from the State capital in Springfield, (to amendment No. 3911), to provide for the IL, where Lincoln served as a legis- done by the Judiciary Committee. We substitution of the United States in certain lator, to here in Washington, DC, have members of the Intelligence Com- civil actions. where Lincoln served as a wartime mittee who also serve on the Judiciary Mr. ROCKEFELLER. I say to the Commander in Chief, Americans will Committee. Two who come to my mind Presiding Officer, it is my under- celebrate this important figure in our are Senator FEINSTEIN and Senator standing that the first amendment is national story. WHITEHOUSE. They have worked very minimization compliance review by This time will be exciting for teach- hard in the Intelligence Committee and Senator WHITEHOUSE. ers, students, and any adult who loves the Judiciary Committee to improve The ACTING PRESIDENT pro tem- American history. I know Kentucky’s this legislation. pore. The Senator from Missouri. We should understand where we are. friendly neighbors to the north in Illi- Mr. BOND. Mr. President, first of all, We are now doing different wiretaps, nois often claim Lincoln as their own. we thank all our colleagues for coming and I think the situation today that is Their license plates even say so. But to this point where we can have votes so concerning to most of us is the Lincoln was born and spent his forma- and finally get this bill out, which we President has been advised by his law- started in December. It is a very im- tive years in Kentucky, which surely yers that he does not have to follow must have shaped the man he became, portant bill. We have worked together the law anyway. Whatever we do here, on a bipartisan basis and resolved al- and he would never have denied his he has been told by his lawyers that he Kentuckian heritage. most all issues. need not follow the law. He can do The amendment offered by our col- In fact, in 1861, as he traveled east to whatever he wants; he is the boss; he is league from Rhode Island has been Washington to begin his term as Presi- someone who does not have to follow modified in a way that I believe im- dent, Lincoln wrote a speech that he the law, does not even have to give a proves it, makes it effective, makes it intended to deliver in Kentucky but signing statement saying he rejects it. work for the intelligence community, never got a chance to do. In it, he He can just go ahead and do it. and achieves the very important goals crafted these words: ‘‘Gentlemen, I too, I do not think this should be a day of that the Senator from Rhode Island am a Kentuckian.’’ celebration. This should be a day of has sought to achieve. So it is appropriate that the Lincoln concern for the American people. I am I ask that I be added as a cosponsor Bicentennial celebration begins in the very happy we have been able to im- to this modified amendment. I believe, same State that the man himself did. I prove the product that came out of the Mr. President, we can accept it by hope every Kentuckian and every Intelligence Committee. Hopefully, by voice vote. American will take advantage of this the voting today we can improve it The ACTING PRESIDENT pro tem- opportunity to explore this exciting more. pore. Without objection, it is so or- chapter in American history. dered. I yield the floor. f The Senator from West Virginia. f RESERVATION OF LEADER TIME Mr. ROCKEFELLER. Mr. President, I The ACTING PRESIDENT pro tem- simply would also like to be added as a FOREIGN INTELLIGENCE cosponsor, and I congratulate Senator SURVEILLANCE ACT pore. Under the previous order, the leadership time is reserved. WHITEHOUSE, Senator BOND, and others Mr. REID. Mr. President, the order for doing an outstanding piece of work f before the Senate allows me and the in resolving the differences on this ex- Republican leader 10 minutes any time FISA AMENDMENTS ACT OF 2007 tremely important enforcement mech- during this debate to make a presen- The ACTING PRESIDENT pro tem- anism. tation. I will do that later. I do want to pore. Under the previous order, the AMENDMENT NO. 3920, AS MODIFIED say, based on the remarks of the distin- Senate will resume consideration of S. The ACTING PRESIDENT pro tem- guished Republican leader, I, too, ap- 2248, which the clerk will report. pore. The Senator from Rhode Island. preciate the work of Senator ROCKE- The legislative clerk read as follows: Mr. WHITEHOUSE. Mr. President, I FELLER and Senator BOND, but I also A bill (S. 2248) to amend the Foreign Intel- have at the desk a modification to appreciate the work done by the Judi- ligence Surveillance Act of 1978, to mod- amendment No. 3920.

VerDate Aug 31 2005 02:50 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.001 S12FEPT1 ccoleman on PRODPC75 with SENATE February 12, 2008 CONGRESSIONAL RECORD — SENATE S881 The ACTING PRESIDENT pro tem- Americans sending messages outside for all of her work on ensuring that we pore. Without objection, it is so or- the country. This would stress that have an appropriately drafted exclu- dered. The amendment is so modified. FISA is the legal way for the collection sivity provision. Senator FEINSTEIN’s The amendment, as modified, is as of electronic surveillance against amendment is critical to both our work follows: Americans. on this bill and to our oversight of the On page 69, after line 23, add the following: In 2001, the administration decided intelligence community. (d) AUTHORITY OF FOREIGN INTELLIGENCE they would not take the Terrorist Sur- To understand the importance of the SURVEILLANCE COURT.—Section 103 of the veillance Program to the FISA Court, Feinstein amendment, we must look at Foreign Intelligence Surveillance Act of 1978 that they would perform this program both existing statutes and recent (50 U.S.C. 1803), as amended by this Act, is outside of FISA, and it took until Jan- events. amended by adding at the end the following: uary of 2007 to bring this within the There is already an exclusivity provi- ‘‘(h)(1) Nothing in this Act shall be consid- confines of FISA where it is to this ered to reduce or contravene the inherent sion in the United States Code. It was authority of the Foreign Intelligence Sur- day. enacted as part of the original Foreign veillance Court to determine, or enforce, I think we need to make a strong Intelligence Surveillance Act in 1978 compliance with an order or a rule of such statement in this bill that FISA is the and placed, where it exists now, in title Court or with a procedure approved by such exclusive authority for the electronic 18, the criminal law title of the United Court. surveillance of all Americans, and this States Code. ‘‘(2) In this subsection, the terms ‘Foreign amendment aims to do that. It pro- That provision makes the Foreign In- Intelligence Surveillance Court’ and ‘Court’ vides penalties for moving outside of telligence Surveillance Act and certain mean the court established by subsection the law, and I believe it would criminal wiretapping provisions the (a).’’. strengthen the opportunity to prevent ‘‘exclusive means by which electronic Mr. WHITEHOUSE. Mr. President, the Chief Executive, either now or in surveillance . . . and the interception much of the FISA battle in which we the future, from moving outside of this of domestic wire, oral and electronic have been engaged over the weeks that law. communications may be conducted.’’ it has taken to resolve this issue has The ACTING PRESIDENT pro tem- Although the intent of Congress is been over trying to do two things: one, pore. The Senator from Missouri. clear from this language, recent his- to fit this program within the separa- Mr. BOND. Mr. President, the bill be- tory raises concerns about the ade- fore us, S. 2248, already has an exclu- tion of powers principles of the Amer- quacy of this provision. ican system of government and, two, to sive means provision that simply re- In December of 2005, the American make the rights of Americans con- states the congressional intent back in people and most of Congress learned for sistent with what they enjoy stateside 1978 when FISA was enacted to place the first time that, shortly after the in law enforcement investigations. the President at his lowest ebb of au- terrorist attacks of September 11, 2007, This amendment is a valuable step in thority under the Constitution, which the President had authorized the Na- both of those directions, and it solves gives him power over foreign intel- tional Security Agency to conduct cer- the minimization issue that had been ligence. Unfortunately, this amend- tain surveillance activities within the in dispute. ment is a significant change of the bi- United States. I appreciate very much the roles of partisan provision in the Intelligence In publicly justifying the legality of Chairman ROCKEFELLER, Vice Chair- Committee bill, and therefore I would this program, the White House asserted man BOND, FBI Director Mueller, and urge my colleagues to oppose it. that Congress had authorized the During the next attack on our coun- DNI counsel Powell in getting us to a President’s program by enacting an au- try or in the face of an imminent voice vote on this bipartisan amend- thorization for use of military force threat, Congress may not be in a posi- ment. after September 11. Mr. President, I ask unanimous con- tion to legislate an authorization. Yet The authorization passed on Sep- sent that amendment No. 3920, as modi- the bottom line is, we just don’t know tember 14, 2001, did not mention elec- fied, be adopted by voice vote. what tomorrow will bring. This provi- tronic surveillance. Nor did it mention The ACTING PRESIDENT pro tem- sion would raise unnecessary legal con- any domestic intelligence activities. pore. Without objection it is so or- cerns that might impede the effective Given the nature of both the authoriza- dered. If there is no further debate, the action of our intelligence community tion and the time in which it was question is on agreeing to amendment to protect this country. passed, it is very unlikely that it oc- Further, because this amendment No. 3920, as modified. curred to anyone in Congress that the does not address warrantless surveil- The amendment (No. 3920), as modi- President might use this authorization lance in times of war and national fied, was agreed to. to justify his position that the existing emergency following an attack on our Mr. ROCKEFELLER. I move to re- statute making FISA the exclusive country, it does not provide enough consider the vote. means for conducting electronic sur- flexibility for intelligence collectors. I Mr. BOND. I move to lay that motion veillance no longer applied. on the table. am concerned this will cause oper- I have expressed my dismay in the The motion to lay on the table was ational problems. past about the legal arguments that Mr. President, I urge the defeat of agreed to. the President used to justify the sur- this amendment. AMENDMENT NO. 3910 The ACTING PRESIDENT pro tem- veillance program. We are still work- The ACTING PRESIDENT pro tempore. The question is on agreeing to ing through the many problems caused pore. The question is now on amend- the amendment. The yeas and nays by the President’s decision to go for- ment No. 3910 offered by the Senator have been ordered. ward without input from Congress or from California. The Senator from West Virginia. the courts. The Senator from California. Mr. ROCKEFELLER. Mr. President, I But no matter what the President Mrs. FEINSTEIN. Mr. President, it is ask unanimous consent to speak on should have done at the time, Congress my understanding that there is 2 min- this amendment. now has an obligation to act to prevent utes evenly divided; is that correct? The ACTING PRESIDENT pro tem- this misuse of legislation. Having fi- The ACTING PRESIDENT pro tempore. Without objection, it is so or- nally made the right decision in early pore. The Senator is correct. dered. 2007 to bring his entire program under Mrs. FEINSTEIN. Mr. President, the Mr. ROCKEFELLER. Mr. President, I the FISA Court, the President is no purpose of this amendment is to strongly support this amendment. I longer using the 2001 Authorization for strengthen the legal requirement that think it has very good delineation be- the Use of military force as a justifica- FISA is the exclusive authority for the tween how decisions are made. The tion to disregard FISA. But we must electronic surveillance of Americans. FISA Court needs to be a part of this. ensure that neither this President nor When FISA was written in 1978, it fol- I urge my colleagues to support the a future one resurrects the discredited lowed 30 years of warrantless surveil- amendment. argument that the 2001 authorization lance of communications and tele- I thank the senior Senator from Cali- for the use of military force is a blank grams of hundreds of thousands of fornia for offering this amendment, and check for such lawlessness.

VerDate Aug 31 2005 02:50 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.003 S12FEPT1 ccoleman on PRODPC75 with SENATE S882 CONGRESSIONAL RECORD — SENATE February 12, 2008 Section 102 of the Intelligence Com- amount of work, on a bipartisan basis, the country, impeding air travel so mittee bill prevents that abuse. Sec- to draft a bill that allows the collec- that Members cannot return to Wash- tion 102 enacts an exclusivity provision tion of needed intelligence while still ington, DC? as a new section 112 of FISA, and lists protecting the civil liberties of U.S. The bottom line is, we just don’t all statutes now in effect that con- persons. Senator FEINSTEIN’s amend- know what tomorrow will bring. Yet stitute authority for electronic surveil- ment helps to make sure that this this provision would raise unnecessary lance. This list is a clear statement of work will not simply be ignored by this legal concerns that might impede effec- congressional intent: Congress did not President or any future President. tive action by the executive branch to intend any other presently-existing Mr. BOND. Mr. President, I would protect this country. statutes to constitute an exception to note that the Intelligence Committee I have the utmost respect for Senator FISA. debated this and accepted a return to FEINSTEIN. She has played a key role in Conspicuously absent from the exclu- the original FISA exclusive means pro- this FISA modernization process. sive list is the 2001 authorization for vision, which I think we should main- While our views on the President’s the use of military force. The omission tain, and I urge opposition. constitutional authority may differ, of the 2001 authorization from the com- S. 2248 already has an exclusive she did convince me that a bipartisan plete list that will now be enacted in means provision that is identical to the FISA bill should restate the exclusive 2008 is a conclusive statement that the first part of this amendment. That pro- means concept in the originally en- 2001 authorization may never again be vision simply restates Congress’s in- acted FISA statute. used to circumvent FISA. tent back in 1978 when FISA was en- And over the past several weeks, Sen- Senator FEINSTEIN’s amendment acted to place the President at his low- ator FEINSTEIN and I tried to come up takes exclusivity one important step est ebb of authority in conducting with a further compromise, one that further. It is designed to ensure that no warrantless foreign intelligence sur- would expand this simple restatement future President interprets a statute veillance. but would also allow the President to that does not explicitly mention elec- The current exclusive mean provision act in the event of a national emer- tronic surveillance as an exception to in S. 2248 was acceptable to all sides be- gency, or following an AUMF or dec- the FISA exclusivity requirement. This cause it maintains the status quo with laration of war. would be an absolutely incorrect inter- respect to the dispute over the Presi- Unfortunately, we could not reach an pretation of existing law. Senator dent’s constitutional authority to au- agreement. I believe that if we are FEINSTEIN’s amendment ensures that thorize warrantless surveillance. going to declare that the President no President will again make this mis- Unfortunately, this amendment is a should follow the current FISA frame- take. significant expansion of the bipartisan work, then we need to make sure that Senator FEINSTEIN’s amendment ad- provision in the Intelligence Commit- that framework is flexible enough to dresses the possible impact of future tee’s bill. address the grave threats of terrorism statutes by adding language to the ex- It goes further by stating that only that threaten our country—and that clusivity section that states that only an express statutory authorization for means giving the President the ability an express statutory authorization for electronic surveillance, other than to conduct warrantless electronic sur- electronic surveillance will constitute FISA or the criminal wiretap statutes, veillance, physical searches, or install- an additional exclusive means for elec- shall constitute additional exclusive ing pen register/trap and trace devices, tronic surveillance. means. By requiring ‘‘express statutory au- for a reasonable period of time. This This attempts to prohibit the Presi- thorization,’’ Congress anticipates that amendment does not provide this flexi- dent’s exercise of his judicially recog- a statute will only constitute an excep- bility. nized artic1e II authority to issue tion to FISA if it explicitly discusses I have other concerns with this warrantless electronic surveillance di- electronic surveillance. Only those amendment. It would make members of rectives. statutes listed in the FISA exclusivity the intelligence community who con- It also would require that future au- section of the Intelligence Committee duct electronic surveillance at the di- thorizations for the use of military bill currently meet that standard. rection of the President subject to the The amendment therefore ensures force, AUMFs, expressly state that FISA criminal penalty provisions of a that general statutes enacted in the fu- they authorize the use of additional $10,000 fine and imprisonment for not ture do not become the basis for excep- electronic surveillance. more than 5 years. Also, it is likely tions to the FISA exclusivity provi- I am concerned that this amendment these criminal penalties would apply to sion. It also applies criminal and civil would tie the President’s hands fol- any service provider who assisted the penalties for any electronic surveil- lowing a national emergency or immi- government in conducting such elec- lance done outside of the list of author- nent threat of attack on our country— tronic surveillance. ized statutes. and prevent actions or intelligence col- I don’t care what the skeptics and The Feinstein amendment being of- lection that may be necessary for our critics have said about the President’s fered today also resolves the oper- safety and survival. Terrorist Surveillance Program; the ational concerns raised by the Director While FISA currently has provisions Constitution trumps the FISA statute. of National Intelligence about the ex- that allow the President to conduct If a government employee—or a pro- clusivity provision in the Judiciary electronic surveillance, physical vider—acts under the color of the Committee’s amendment to the bill. searches, or install pen register/trap President’s lawful exercise of his con- Senator FEINSTEIN’s amendment does and trace devices for 15 days following stitutional authority, that employee not include the undefined term ‘‘com- a declaration of war, these authorities should not be subject to criminal pen- munications information’’ and there- are simply insufficient against the cur- alty. fore does not bar the acquisition of in- rent terrorist threats our country In my opinion, the current restate- formation that is currently authorized faces. ment of exclusive means is fair and under other statutes. Let’s think this through for a keeps the playing field level. Existing statutes as well as the cur- minute. During the next attack on our Ultimately, the Supreme Court will rent bill provide the intelligence com- country, or in the face of an imminent decide whether Congress has the au- munity with mechanisms to obtain the threat, the Congress may not be in a thority to limit the President’s author- intelligence the country needs in a position to legislate an express authority to intercept enemy communica- legal manner, with the oversight of the ization of additional means. We may tions. courts. There is no need for this Presi- not be in a position to formally declare Until then, it is my hope that we dent, or any future President, to set war against an unknown enemy. don’t try to tilt the balance in a way aside the lawful, well-overseen proce- What if there is intelligence informa- that we may someday come to regret. dures of FISA in favor of a secret intel- tion about an imminent threat of at- I urge my colleagues to vote against ligence program. tack, but Congress is in a lengthy re- this exclusive means amendment. Both the Intelligence and Judiciary cess, over a holiday? What if there are The ACTING PRESIDENT pro tem- Committees have done a significant simultaneous terrorist attacks across pore. The question is on agreeing to

VerDate Aug 31 2005 01:39 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.003 S12FEPT1 ccoleman on PRODPC75 with SENATE February 12, 2008 CONGRESSIONAL RECORD — SENATE S883 amendment No. 3910. The clerk will ates. This is not about whether we will overseas with respect to proliferation, call the roll. be effective in combatting terrorism. weapons development, the clandestine The bill clerk called the roll. This is about whether Americans at intelligence activities of our enemies, Mr. DURBIN. I announce that the home deserve more privacy protections and other priorities. The full Senate Senator from New York (Mrs. CLINTON) than foreigners overseas. should not limit the scope of this bill is necessarily absent. This is about separation of power, to one area of foreign intelligence. Mr. KYL. The following Senator is whether anyone outside the executive A second problem with this amend- necessarily absent: the Senator from branch will oversee what the Govern- ment is the new, cumbersome proce- South Carolina (Mr. GRAHAM). ment is doing with all the communica- dures it would impose involving the se- Further, if present and voting, the tions of Americans it collects inside questration of information if the com- Senator from South Carolina (Mr. the United States. I urge my colleagues munication is to or from a person in GRAHAM) would have voted ‘‘nay.’’ to support the amendment. the United States. The amendment The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- seems to require that the Attorney pore. Are there any other Senators in pore. The Senator from Missouri. General must make an application to the Chamber desiring to vote? Mr. BOND. Mr. President, the pur- the FISA Court to have access to this The result was announced—yeas 57, pose of this bill is to make sure we are information for more than 7 days, even nays 41, as follows: able to get information when we target if the communication, for instance, [Rollcall Vote No. 13 Leg.] a foreign terrorist overseas. concerns international terrorist activi- YEAS—57 This applies a different standard to ties directed against the United States. Akaka Feinstein Nelson (FL) someone in the United States who may While I share the Senator’s goal of Baucus Hagel Obama be picked up on one of those calls than protecting the privacy interests of Bayh Harkin Pryor we apply within our own country. If Americans, I am afraid this amend- Biden Inouye Reed the FBI gets a warrant to listen in on Bingaman Johnson Reid ment is unworkable. Boxer Kennedy Rockefeller a drug dealer and that drug dealer has It bears repeating that what we are Brown Kerry Salazar lots of conversations, if the drug dealer trying to do in S. 2248 is modernize the Byrd Klobuchar Sanders is talking about a criminal operation, Cantwell Kohl Schumer Foreign Intelligence Surveillance Act Cardin Landrieu Smith then the FBI acts on it. If it is inno- so that FISA Court orders are not re- Carper Lautenberg Snowe cent, the FBI, the interceptors mini- quired when the Government is tar- Casey Leahy Specter mize or suppress that evidence, they do geting non-U.S. persons overseas to Collins Levin Stabenow not sequester it, they do not have to go Conrad Lincoln Sununu collect foreign intelligence informa- Craig McCaskill Tester through the hoops that are required for tion. And we are trying to do this in a Dodd Menendez Voinovich a recipient of a telephone call from a way that protects the privacy interests Dorgan Mikulski Webb foreign terrorist overseas. Durbin Murkowski Whitehouse of U.S. persons. Feingold Murray Wyden There is no reason why, when we We thus have included in S. 2248 nu- have no challenges and no question NAYS—41 merous protections for U.S. persons— that minimization is adequate to pro- both when they are the specific targets Alexander Crapo Lugar tect innocent Americans, that they of Government surveillance and when Allard DeMint Martinez need a higher level of protection when Barrasso Dole McCain their communications are intercepted Bennett Domenici McConnell they are talking to a foreign terrorist as the incidental result of the Govern- Bond Ensign Nelson (NE) than when they are talking to a U.S. ment acquiring the communications of Brownback Enzi Roberts drug dealer. Bunning Grassley a foreign target. Sessions I urge the defeat of this amendment. Burr Gregg Shelby The Feingold sequestration amend- Chambliss Hatch Mr. ROCKEFELLER. Mr. President, I Stevens ment does not achieve the appropriate Coburn Hutchison Thune ask unanimous consent for 5 minutes. Cochran Inhofe balance of privacy and national secu- Vitter The ACTING PRESIDENT pro tem- Coleman Isakson rity. It appears to me that require- Warner pore. Without objection, it is so or- Corker Kyl ments already in S. 2248, including the Cornyn Lieberman Wicker dered. requirement that minimization proce- Mr. ROCKEFELLER. Mr. President, I NOT VOTING—2 dures for this collection activity be ap- strongly oppose this amendment. Clinton Graham proved by the FISA Court, represent a This amendment would prohibit the much better approach for balancing the The ACTING PRESIDENT pro tem- Government from acquiring any com- national security and the privacy in- pore. Under the previous order requir- munication under title VII of the bill if terests of U.S. persons. ing 60 votes for the adoption of this the Government knows before or at the amendment, the amendment is with- time of acquisition that the commu- I urge the amendment be defeated. drawn. nication is to or from a person reason- The ACTING PRESIDENT pro tem- AMENDMENT NO. 3979 ably believed to be located in the pore. The question is on agreeing to There will now be 2 minutes of debate United States, unless the Government the amendment. equally divided on amendment No. 3979 follows the sequestration procedures Mr. FEINGOLD. Mr. President, I ask offered by the Senator from Wisconsin, set forth in the legislation. for the yeas and nays. Mr. FEINGOLD. I see a number of problems with this The ACTING PRESIDENT pro tem- Mr. FEINGOLD. Mr. President, the amendment and I strongly oppose it. pore. Is there a sufficient second? Feingold-Webb-Tester amendment lets I am afraid that the practical effect There appears to be a sufficient sec- the Government get the information it of this amendment would be to restrict ond. The clerk will call the roll. needs about terrorists and about purely the scope of the collection authority The legislative clerk called the roll. foreign communications, while pro- under the bill to international ter- Mr. DURBIN. I announce that the viding additional checks and balances rorism. Under the terms of this amend- Senator from New York (Mrs. CLINTON) for communications between people in ment, no other important foreign pol- is necessarily absent. the United States and their overseas icy or national security target could be Mr. KYL. The following Senator is family members, friends, and business pursued unless the Government goes necessarily absent: the Senator from colleagues. through a process that appears to be South Carolina (Mr. GRAHAM). It has the support of nine cosponsors. basically unworkable. Further, if present and voting, the All this amendment does is require the Neither the Intelligence Committee Senator from South Carolina (Mr. Government to take extra steps to pro- nor the Judiciary Committee limited GRAHAM) would have voted ‘‘nay.’’ tect the privacy of Americans on U.S. the scope of the authority in this bill The ACTING PRESIDENT pro tem- soil when it knows it has collected to international terrorism. Both com- pore. Are there any other Senators in their communications. mittees anticipated that the flexibility the Chamber desiring to vote? This amendment in no way hampers provided by this bill could be used The result was announced—yeas 35, our fight against al-Qaida and its affili- against the gamut of foreign targets nays 63, as follows:

VerDate Aug 31 2005 01:39 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.007 S12FEPT1 ccoleman on PRODPC75 with SENATE S884 CONGRESSIONAL RECORD — SENATE February 12, 2008 [Rollcall Vote No. 14 Leg.] There are four committees of the The Government has not allowed the YEAS—35 U.S. Congress that have considered this providers who have been sued to pub- Akaka Durbin Obama issue. Three of the committees have re- licly disclose whether or not they as- Baucus Feingold Reed jected retroactive immunity. Only the sisted the Government. Providers, Biden Harkin Reid Intelligence Committee of this body therefore, cannot reveal whether they Bingaman Kennedy Salazar has decided to include it. I believe we are already entitled to immunity, or Boxer Kerry Sanders Brown Klobuchar Schumer ought to strike that provision and even whether they declined to cooper- Byrd Kohl Stabenow allow the court to do its job. That is ate with the intelligence community. Cantwell Lautenberg Tester what this amendment does, and I urge In other words, even those providers Cardin Leahy Webb Casey McCaskill its adoption. who were not involved in the Presi- Whitehouse Dodd Menendez The ACTING PRESIDENT pro tem- dent’s program or who acted only pur- Wyden Dorgan Murray pore. Who yields time? suant to a valid court order cannot ex- NAYS—63 The Senator from Missouri. tricate themselves from these lawsuits. Mr. BOND. Mr. President, this car- Alexander Dole McCain Section 203 of the Intelligence Com- Allard Domenici McConnell rier liability provision is an essential mittee bill, therefore, creates a mecha- Barrasso Ensign Mikulski part of this bill. If we permit lawsuits nism within FISA that allows courts to Bayh Enzi Murkowski to go ahead against carriers alleged to review whether providers should be en- Bennett Feinstein Nelson (FL) have participated in the program, there Bond Grassley Nelson (NE) titled to immunity under existing law, Brownback Gregg Pryor will be more disclosures in discoveries without revealing whether or not the Bunning Hagel Roberts and pleadings of the means of col- provider assisted the intelligence com- Burr Hatch Rockefeller lecting information, disclosing our Carper Hutchison Sessions munity. The Dodd-Feingold amend- Chambliss Inhofe Shelby most vital methods of collecting infor- ment to strike title II strikes this pro- Coburn Inouye Smith mation. vision, which protects those providers Cochran Isakson Snowe Secondly, if we permit the carriers who indisputably complied with exist- Coleman Johnson Specter that may or may not have participated ing law. Collins Kyl Stevens to be sued in court, then the most im- Conrad Landrieu Sununu There is a second problem that has Corker Levin Thune portant partners the Government has— not been widely discussed. Providers Cornyn Lieberman Vitter the private sector—will be discouraged are currently subject to investigations Craig Lincoln Voinovich from assisting us in the future. Crapo by State public utilities commissions, Lugar Warner The Intelligence Committee—the one DeMint Martinez Wicker which seek information about the rela- committee that has looked at this—re- NOT VOTING—2 viewed it and said these companies tionship between the providers and Clinton Graham acted in good faith and, therefore, we Federal Government. These State investigations essen- should give them retroactive immu- The amendment (No. 3979) was re- tially seek to force disclosure of classi- jected. nity. I yield the remainder of my time to fied information about the nature and Mr. BOND. I move to reconsider the extent of the information obtained by vote. the distinguished chairman. The ACTING PRESIDENT pro tem- the intelligence community from com- Mr. LEAHY. I move to lay that mo- munication providers. This inquiry tion on the table. pore. The Senator from West Virginia. Mr. ROCKEFELLER. Mr. President, I into the conduct of the Federal Gov- The motion to lay on the table was ernment is not an appropriate area for agreed to. strongly oppose this amendment. It is, of course, the whole shooting match. State regulation. AMENDMENT NO. 3907 Substitution was brought up in the Ju- Section 204 of the Intelligence Com- The ACTING PRESIDENT pro tem- diciary Committee, and it was de- mittee bill, therefore, creates a new pore. The question is on agreeing to feated. This, I believe, is the right way section of FISA that preempts State amendment No. 3907 offered by the Sen- to go for the security of the Nation. investigations that seek to force dis- ator from Connecticut, Mr. DODD. Mr. President, Senators DODD and closure of classified information about There are 2 minutes of debate time FEINGOLD have offered an amendment the conduct of the Federal intelligence equally divided, and the time on the re- to strike title II of the Intelligence relationship between the provider and maining amendments will be strictly Committee bill. the intelligence community. enforced. Title II addresses, in the narrowest Finally, section 202 provides retro- The Senator from Connecticut. way possible, a number of different un- spective immunity for the participa- Mr. DODD. Mr. President, let me, derlying issues related to the past and tion of telecommunication companies first of all, thank my colleague from future cooperation of providers. Any in the President’s warrantless surveil- Wisconsin, Senator FEINGOLD, for his suggestion that it deals only with li- lance program. We need to be very cosponsorship of this amendment, ability protection for providers related clear on the parameters of this section. along with a number of other Members to the President’s program fails to con- It does not simply clean the slate for of this body who have joined us in this sider the title of the bill as a whole. the actions of communications pro- effort. Unlike the Government’s initial im- viders in the aftermath of 9/11. I thank the chairman and ranking munity proposals, title II does not try In order for a provider to obtain li- member. My colleagues should know, to address all of the different kinds of ability protection, the Attorney Gen- initially the administration sought to problems in one sweeping immunity eral must certify that a company’s ac- grant immunity to all participants in provision that might provide immunity tions were based on written assurances this telecommunications surveillance in situations where it is not deserved. of legality, and were related to a com- program. The chairman and ranking Instead, it addresses each problem indi- munications intelligence activity au- member disagreed with that. However, vidually. thorized in the relevant time period. they have provided retroactive immu- Let’s look at the first problem. Under Because these certifications require nity to some 16 phone companies. One existing law, providers are entitled to the Attorney General to have deter- of the phone companies refused, of protection from suit if they act pursu- mined that legal requirements have course, to comply with this 5-year sur- ant to a FISA court order or if they re- been met and that the program was de- veillance program that was granted ceive a particular certification from signed to detect or prevent a terrorist without a warrant, without a court the Attorney General. Senators DODD attack, an area where assistance would order. and FEINGOLD point to this existing im- clearly be required, they parallel exist- I believe it is dangerous in setting a munity provision— which may be based ing statutory requirements for immu- precedent for us today to grant that solely on the certification of the Attor- nity. Before immunity can be granted, retroactive immunity without insist- ney General—to suggest that no fur- the bill also requires the court to con- ing the courts—as they are designed to ther immunity is needed. But this sug- duct a case-by-case review to ensure do—should determine the legality or il- gestion ignores the situation in the that the Attorney General did not legality of this program. current lawsuits. abuse his discretion.

VerDate Aug 31 2005 02:50 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.007 S12FEPT1 ccoleman on PRODPC75 with SENATE February 12, 2008 CONGRESSIONAL RECORD — SENATE S885 It is important to understand why ture relationship with the private sec- FEINGOLD of Wisconsin. There are 2 the Intelligence Committee included tor is simply too important. minutes of debate evenly divided. this provision in our bill. After hearing Protection from liability is simply a The Senator from Wisconsin is recog- from witnesses and reviewing docu- way to ensure that the next President nized. ments, the committee concluded that has the cooperation of these companies Mr. FEINGOLD. Mr. President, this the providers who assisted the Govern- both to obtain intelligence to protect amendment was approved by the Sen- ment acted in good faith, with a desire the country and to protect the privacy ate Judiciary Committee. It ensures to help the country prevent another interests of U.S. persons. that in implementing the new authori- terrorist attack like those committed I, therefore, urge you to oppose the ties provided in the bill, the Govern- on September 11, 2001. Dodd-Feingold amendment. ment is acquiring the communications Even more importantly, however, the The ACTING PRESIDENT pro tem- of targets from whom it seeks to ob- committee recognized that, because of pore. The question is on agreeing to tain foreign intelligence information the ongoing lawsuits, providers have the amendment. and that it is not indiscriminately col- become increasingly reluctant to assist Mr. DODD. Mr. President, I ask for lecting all communications between the Government in the future. Given the yeas and nays. the United States and overseas. the degree to which our law enforce- The ACTING PRESIDENT pro tem- This amendment is necessary because ment agencies and intelligence commu- pore. Is there a sufficient second? of the vast and overbroad authorities nity need the cooperation of the pri- There is a sufficient second. provided by the PAA in this bill. In vate sector to obtain intelligence, this The clerk will call the roll. public testimony, the DNI stated that was simply an unacceptable outcome. The bill clerk called the roll. the PAA could authorize this type of Senators DODD and FEINGOLD have Mr. DURBIN. I announce that the bulk collection and could cover every suggested that including the provision Senator from New York (Mrs. CLINTON) communication between Americans in- on liability protection as part of the is necessarily absent. side the United States, in Europe, in bill is a sign of support for the Presi- Mr. KYL. The following Senator is South America, or the entire world. He dent’s program. It is not. It is simply a necessarily absent: the Senator from also said that the Government is not mechanism to ensure that account- South Carolina (Mr. GRAHAM). actually engaging in this type of broad ability for the President’s program lies Further, if present and voting, the bulk collection but that it would be with those who are truly responsible Senator from South Carolina (Mr. ‘‘desirable.’’ for it: The Government officials who GRAHAM) would have voted ‘‘nay.’’ This amendment would not impede in represented to these companies that The ACTING PRESIDENT pro tem- any way collection in support of mili- their actions were in accordance with pore. Are there any other Senators in tary operations, as the opponents con- the law. And it is a way to ensure that the Chamber desiring to vote? tinue to falsely assert. This extremely the intelligence community obtains The result was announced—yeas 31, modest amendment would, however, the assistance it needs from the private nays 67, as follows: oppose a massive bulk collection drag- sector to keep us safe. [Rollcall Vote No. 15 Leg.] net, which Chairman ROCKEFELLER has The question of whether the Presi- YEAS—31 even acknowledged would violate the dent’s warrantless surveillance pro- Akaka Dorgan Murray Constitution. gram was legal, or whether it violated Baucus Durbin Obama I urge support for the amendment. constitutional rights, can and must be Biden Feingold Reed Mr. ROCKEFELLER. Mr. President, I answered. Likewise, if administration Bingaman Harkin Reid officials improperly violated the pri- Boxer Kennedy Sanders oppose this amendment. Brown Kerry Schumer The Senator from Wisconsin is offer- vacy of innocent U.S. persons by con- Byrd Klobuchar Tester ing an amendment that he argues will ducting this warrantless surveillance, Cantwell Lautenberg Whitehouse Cardin Leahy prevent what he calls ‘‘bulk collec- they should be held accountable. Wyden Casey Levin tion.’’ The amendment is intended, as But suing private companies who Dodd Menendez may have cooperated with the Govern- described by the Senator from Wis- ment is neither an appropriate ac- NAYS—67 consin, to ensure that this bill is not countability mechanism nor the best Alexander Ensign Murkowski used by the Government to collect the way to obtain answers to questions Allard Enzi Nelson (FL) contents of all the international com- Barrasso Feinstein Nelson (NE) munications between the United States about the legality of the program, nor Bayh Grassley Pryor is it the appropriate way to encourage Bennett Gregg Roberts and the rest of the world. The Senator public disclosure of information about Bond Hagel Rockefeller argues that his amendment will pre- Brownback Hatch the program. Salazar vent ‘‘bulk collection’’ by requiring the Bunning Hutchison Sessions Burr Inhofe Government to have some foreign in- The Intelligence Committee’s bill Shelby Carper Inouye telligence interest in the overseas does not prevent Congress from con- Smith Chambliss Isakson Snowe party to the communications it is col- ducting its own oversight of these Coburn Johnson issues, or even from creating alter- Cochran Kohl Specter lecting. native mechanisms to seek those an- Coleman Kyl Stabenow I regret to say that I must oppose Collins Landrieu Stevens this amendment. I do not believe it is swers. It also allows suits against the Sununu Conrad Lieberman necessary. I do believe as drafted the Government to go forward. Corker Lincoln Thune I encourage my colleagues to come Cornyn Lugar Vitter amendment will interfere with legiti- up with appropriate alternatives for re- Craig Martinez Voinovich mate intelligence operations that pro- view of the President’s program; alter- Crapo McCain Warner tect the national security and the lives DeMint McCaskill Webb of Americans. natives that will ensure both that the Dole McConnell Wicker story of the President’s program is Domenici Mikulski In considering amendments today, we made available to the public in a man- NOT VOTING—2 need to consider whether an amend- ner consistent with the protection of ment would provide additional protec- Clinton Graham national security information and that tions for U.S. persons and whether it Government officials are held account- The amendment (No. 3907) was re- would needlessly inhibit vital foreign able for any wrongdoing in which they jected. intelligence collection. I do not believe may have been involved. Mr. ROCKEFELLER. Mr. President, I the amendment as drafted provides ad- What we must not do, however, is to move to reconsider the vote, and I ditional protections. Furthermore, in- make companies that cooperated with move to lay that motion on the table. telligence professionals have expressed the Government in good faith bear the The motion to table was agreed to. their concern that this amendment brunt of our anger towards the Presi- AMENDMENT NO. 3912 would interfere with vital intelligence dent and other Government officials The ACTING PRESIDENT pro tem- operations and there are important about the warrantless surveillance pro- pore. The question is on agreeing to classified reasons underlying that con- gram; our intelligence community’s fu- amendment No. 3912, offered by Mr. cern.

VerDate Aug 31 2005 01:39 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.013 S12FEPT1 ccoleman on PRODPC75 with SENATE S886 CONGRESSIONAL RECORD — SENATE February 12, 2008 Let us review the reasons why the The ACTING PRESIDENT pro tem- information, and physical searches. amendment is unnecessary: first, bulk pore. Is there a sufficient second? This amendment applies only to non- collection resulting in a dragnet of all There is a sufficient second. U.S. persons. of the international communications of The clerk will call the roll. Making these definitional changes U.S. persons would probably be unrea- The legislative clerk called the roll. will allow the Government to target sonable of the fourth amendment. No Mr. DURBIN, I announce that the for surveillance those who seek to bill passed by the Senate may author- Senator from New York (Mrs. CLINTON) spread this dangerous technology and ize what the fourth amendment pro- is necessarily absent. will enable the intelligence community hibits. What is more, the committee Mr. KYL. The following Senators are to share information with other agen- bill, in fact, explicitly provides that ac- necessarily absent: the Senator from cies. It remains a central concern for quisitions authorized under the bill are South Carolina (Mr. GRAHAM) and the our national security, whether done by to be conducted in a manner consistent Senator from Idaho (Mr. CRAIG). terrorists, criminals or other nations. with the fourth amendment. Further, if present and voting, the I believe we can accept this amend- Second, the committee bill stipulates Senator from South Carolina (Mr. ment on a voice vote. I turn to my dis- that acquisitions under this authority GRAHAM) would have voted ‘‘nay.’’ tinguished chairman for his comments. cannot intentionally target any person The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The Sen- known to be located in the United CASEY). Are there any other Senators ator from West Virginia. States. And, to target a U.S. person in the Chamber desiring to vote? Mr. ROCKEFELLER. Mr. President, I outside the United States, the govern- The result was announced—yeas 37, support this amendment. It closes a gap in the Foreign Intel- ment must get approval from the FISA nays 60, as follows: ligence Surveillance Act. The amend- Court. [Rollcall Vote No. 16 Leg.] Third, the committee bill increases ment expands the definition of certain YEAS—37 the role of the FISA Court in super- key terms in the law in order to en- vising the acquisition activities of the Akaka Durbin Murray hance the Government’s ability to ob- Baucus Feingold Obama tain FISA coverage of individuals in- Government. The bill requires Court Biden Feinstein Reed approval of minimization procedures Bingaman Harkin Reid volved in the international prolifera- that protect U.S. person information. Boxer Kennedy Salazar tion of weapons of mass destruction. Brown Kerry It maintains the prior requirement of Sanders Although the international prolifera- Byrd Klobuchar Schumer tion of WMD is one of the most serious Court approval of targeting procedures. Cantwell Kohl Stabenow Cardin Lautenberg threats facing the nation, the Govern- In the unlikely event that the FISA Tester Casey Leahy Court would give its approval to tar- Whitehouse ment cannot now get a FISA Court Conrad Levin Wyden order for individuals believed to be en- geting procedures and minimization Dodd McCaskill procedures that allowed the Govern- Dorgan Menendez gaged in international proliferation of weapons of mass destruction unless the ment to engage in unconstitutional NAYS—60 bulk collection, the committee bill Government can also show a close link Alexander Domenici Mikulski between the trafficker and a foreign also strengthens oversight mechanisms Allard Ensign Murkowski in the executive and legislative Barrasso Enzi Nelson (FL) Government or an international ter- branches. These mechanisms are in- Bayh Grassley Nelson (NE) rorist organization. tended to ensure such activity is de- Bennett Gregg Pryor Too often, this connection only be- Bond Hagel Roberts comes clear at the completion of the tected and prevented. Brownback Hatch Rockefeller The sponsor of the amendment says Bunning Hutchison Sessions target’s proliferation activity. With that his amendment only requires the Burr Inhofe Shelby this amendment, the Government will Government to certify to the FISA Carper Inouye Smith be able to conduct electronic surveil- Chambliss Isakson Snowe lance and physical searches, with a Court that it is collecting communica- Coburn Johnson Specter tions of targets for whom there is a for- Cochran Kyl Stevens FISA Court order, at a much earlier eign intelligence interest. Coleman Landrieu Sununu stage in an individual’s proliferation But the committee bill already re- Collins Lieberman Thune activities. Corker Lincoln Vitter It should be understood that this quires the Attorney General and the Cornyn Lugar Voinovich Director of National Intelligence to Crapo Martinez Warner amendment is intended to broaden certify to the FISA Court that the ac- DeMint McCain Webb FISA coverage only in those instances quisition authorized under the bill is Dole McConnell Wicker in which the individual is involved in targeted at persons outside the United NOT VOTING—3 international proliferation activities. States in order to obtain foreign intel- Clinton Craig Graham The amendment is intended to cover those who are engaged in activities in- ligence information. The amendment (No. 3912) was re- volving proliferation of weapons of Because the remedy does not improve jected. mass destruction, which include under upon the protections in the bill for Mr. BOND. I move to reconsider the the terms of the amendment biological, Americans, and places new burdens on vote. chemical and radiological weapons and the surveillance of foreign targets Mr. ROCKEFELLER. I move to lay destructive devices that are intended overseas, I thus oppose the amendment that motion on the table. to or that actually do have a capability and urge it be rejected. The motion to lay on the table was The ACTING PRESIDENT pro tem- to cause death or serious bodily injury agreed to. pore. The Senator from Missouri is rec- to a significant number of people. ognized. AMENDMENT NO. 3938 This amendment will enhance our ef- Mr. BOND. Mr. President, there is a The PRESIDING OFFICER. The forts to acquire foreign intelligence in- clear delineation in this bill. We per- question is on agreeing to amendment formation to detect and disrupt the mit targeting of foreign terrorists No. 3938 offered by the Senator from international proliferation of weapons overseas, or Americans, with a court Missouri. of mass destruction. order. This doesn’t permit listening in Mr. BOND. Mr. President, with the The vice chairman is to be applauded on bulk collections of communications distinguished chairman of the com- for addressing this issue and I urge pas- involving innocent Americans. The mittee, we offer this amendment re- sage. only American who is going to be lis- sponding to a request made by the Di- Mr. FEINGOLD. Mr. President, I tened in on is one calling to or receiv- rector of National Intelligence when he must oppose Bond amendment No. 3938. ing a call from a terrorist. sent up his recommendations to us last I do not object to expanding FISA to I urge defeat of this amendment. April. He and the Attorney General cover dangerous individuals involved in The ACTING PRESIDENT pro tem- strongly support this amendment be- the international proliferation of weap- pore. The question is on agreeing to cause it adds proliferators of weapons ons of mass destruction, which is the amendment No. 3912. of mass destruction to the definition in primary goal of this amendment. Mr. FEINGOLD. Mr. President, I ask FISA of agent of a foreign power, for- But this amendment is drafted in for the yeas and nays. eign intelligence information, use of such a way that its effect would be

VerDate Aug 31 2005 01:39 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.016 S12FEPT1 ccoleman on PRODPC75 with SENATE February 12, 2008 CONGRESSIONAL RECORD — SENATE S887 much broader and could result in wire- amendment to answer it. And without legal and legitimate activities—mean- taps issued by the secret FISA Court a requirement that the proliferation ing they are doing nothing wrong— being directed at U.S. companies and must be illegal under U.S. law, I am se- could be considered ‘‘foreign powers’’ U.S. universities that are engaged in riously concerned that this could cover under FISA and subject to court-or- perfectly legal research efforts or that entities doing perfectly legal, aca- dered secret wiretaps in this country are legally and legitimately working demic, chemical, biological or nuclear without any suspicion of wrongdoing. with materials that have multiple pur- research, or even research on conven- This has left organizations like the poses and that aren’t intended to be tional weapons like grenades and American Library Association and the used for weaponry at all. bombs. It could also cover legitimate Association of Research Libraries with In fact, the American Library Asso- companies manufacturing dual-purpose very serious concerns about the amend- ciation and the Association of Re- goods, component parts or precursors ment. search Libraries have expressed serious that could be used for weapons if they Mr. President, I would have been concern about this amendment. Here is fell into the wrong hands. willing to adopt this amendment if it what they said: ‘‘While we can appre- We can easily fix this problem with could have been modified to address ciate the concerns for those wanting the amendment. It would be quite sim- some of these concerns. But it would be FISA to address the issues of inter- ple to add language virtually identical my preference not to address this com- national proliferation of WMDs, the to that already included in FISA with plex issue in this legislation. The re- language appears to also expose to se- respect to international terrorism, sponsible thing to do would be to en- cret wiretaps those U.S. academic re- simply stating that international pro- gage in further study so we know we searchers, universities and companies liferation of WMD only covers activi- have the right solution to this prob- doing legal research into conventional ties that violate U.S. criminal laws or lem. But if we are going to take on this and chemical/biological weapons.’’ Mr. would be criminal if committed within issue here, today, let’s at least do it in President, that is simply not accept- U.S. jurisdiction. I even proposed lan- a responsible, targeted way. able. guage to this effect to the Senator We have heard a lot about unin- Let me be clear: This amendment ex- from Missouri, hoping that we could tended consequences throughout the pands the core provisions of FISA that work out our differences on this debate on this bill. I believe this authorize wiretaps and secret searches amendment and not require the full amendment will have serious unin- of the homes and offices of people in- Senate to vote on it. But my modest tended consequences, and I think it side the United States. This is not proposal was rejected, for reasons I fail would benefit all of us to study the about extending the new authorities to understand. What I do understand is issue further. But if that is not pos- provided in the Protect America Act that if the proponents of this amend- sible, we should at a minimum try to and reauthorized by the Intelligence ment refuse to include language lim- limit the effect of the amendment to Committee bill. iting it to people committing crimes, the dangerous criminals who are the It is one thing to permit secret court- that makes me even more concerned reason for this expansion of FISA. The ordered foreign intelligence wiretaps of about what is intended and how this is Bond amendment does not do that. people in this country who are inten- going to be used. There are other The PRESIDING OFFICER. The tionally engaged in the international changes, as well, that could bring the question is on agreeing to amendment proliferation of WMD. But because of scope of the amendment into line with No. 3938. the way this amendment is drafted, it The amendment (No. 3938) was agreed the justification for it, but none of my would go far beyond just authorizing to. suggestions were accepted. wiretaps for these types of dangerous Mr. BOND. I move to reconsider the Some may argue that we should not criminals. vote. worry about this expansion of FISA be- The biggest problem with the amend- Mr. ROCKEFELLER. I move to lay ment is that it does not require that cause it only applies to foreigners vis- that motion on the table. the people being wiretapped be in- iting the United States, sometimes re- The motion to lay on the table was volved in any criminal activity. This ferred to as ‘‘non-U.S. persons.’’ But on agreed to. the face of the amendment, that is not means that companies and individuals AMENDMENT NO. 3927 engaged in perfectly legal and legiti- at all clear. This is because the amend- The PRESIDING OFFICER. The mate biological, chemical, nuclear or ment expands the definition of ‘‘foreign question is on agreeing to amendment other research could be wiretapped power’’ under FISA to cover any entity No. 3927 offered by the Senator from under this provision. involved in international proliferation Pennsylvania. I don’t understand this. Under FISA of WMD, regardless of whether it is in- Mr. SPECTER. Mr. President, this today, while foreign government offi- corporated in the United States or how amendment substitutes the Govern- cials can be surveilled to gain foreign many Americans work there. And any ment for the party defendant in place intelligence even if they are not break- foreign power can be wiretapped or of the telephone companies. It is de- ing the law, foreign terrorist suspects searched under the plain provisions of signed to maintain some check and not associated with a government who FISA, regardless of whether it is break- balance on the executive because Con- are in the United States can only be ing the law. gress has been totally ineffective to do wiretapped if they are involved in Even if the amendment were limited so. criminal activities. That requirement to non-U.S. persons, U.S. companies, It accomplishes both purposes. It helps ensure that innocent people en- and universities hire any number of keeps the program going to gain intel- gaged in, say, legal protest activities people who are here on work or study ligence information necessary for na- aren’t subject to FISA. And I know of visas and who are not considered ‘‘U.S. tional defense, but it maintains the no complaints about that requirement. persons.’’ When those people are here courts being open as a check and bal- This amendment, on the other hand, in the United States, they are fully ance. doesn’t require any suspicion of crimi- protected by the fourth amendment. So I yield to Senator WHITEHOUSE. nal wrongdoing. It does not even re- why should those individuals be subject The PRESIDING OFFICER. The Sen- quire that the target know that they to secret court-ordered wiretaps and ator from Rhode Island. might be contributing to proliferation. searches of their offices when they Mr. WHITEHOUSE. Mr. President, if Worse yet, it does not even define have done nothing illegal? And won’t we vote for retroactive immunity, we international proliferation. So how can this affect the ability of U.S. compa- violate the rule of law taking away le- we know what activity might trigger nies and universities to recruit the best gitimate claims in legitimate litiga- the use of this most intrusive of inves- foreign talent to come and work for tion in a manner that is unprecedented tigation techniques against an indi- them? and unconstitutional. If on the other vidual in the United States? What does I realize this all may seem very tech- hand we do nothing, we leave American international proliferation mean for nical, but let me repeat the upshot: companies gagged by the state secrets purposes of this authority? What all of this means is that, under privilege in ongoing litigation. I certainly don’t know the answer to this amendment, U.S. companies and This amendment is a sensible, fair, that, and there is nothing in this U.S. universities conducting perfectly bipartisan alternative that takes away

VerDate Aug 31 2005 01:39 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.025 S12FEPT1 ccoleman on PRODPC75 with SENATE S888 CONGRESSIONAL RECORD — SENATE February 12, 2008 no rights, that follows the Federal hear from witnesses, take evidence, or the lawsuits are ongoing, it is also un- Rules of Civil Procedure, that honors assess the ‘‘good faith’’ of private par- likely that litigation will ever tell the the separation of powers principles and ties. The FISA Court is simply not set story of what happened with the Presi- leaves no litigant gagged by the Gov- up to make factual determinations dent’s program. So what benefit is ernment. that impact civil lawsuits. there to substituting the government Please support the amendment. Nor does transferring the cases to the in the providers’ stead? The PRESIDING OFFICER. All time FISA Court help the plaintiffs in these Providers who acted in good faith has expired. Who yields time in opposi- cases. They are not entitled to hear the should be removed from ongoing litigation? The Senator from West Virginia. classified information concerning the tion, without having the burden of re- Mr. ROCKEFELLER. Mr. President, good faith of the providers, and they sponding to discovery and litigation re- the distinguished ranking member of will not be involved in the debate. quests and without the reputational the Judiciary Committee, Senator In addition, although a finding of harm of having suits in their name go SPECTER, has offered an amendment good faith would normally result in forward against the government. Ongo- proposing to substitute the govern- dismissal of the lawsuits, under this ing reminders of the potential pitfalls ment for the providers in the ongoing proposal, the providers would still po- of cooperating in good faith with the civil lawsuits. tentially have the burden of producing government will not encourage these I appreciate and agree with the senti- documents and witnesses. Thus, be- companies—whose assistance the intel- ment of Senator SPECTER and Senator cause providers who acted in good faith ligence community and law enforce- WHITEHOUSE that the government—not will continue to have a role in the liti- ment agencies desperately need—to co- the providers who operated in good gation, even if they are no longer the operate with the government in the fu- faith with them—should be held re- named defendants, this proposal does ture. sponsible for the legal fallout from the not relieve the cost and reputational If plaintiffs in any ongoing suit want President’s warrantless surveillance burdens of the litigation. It therefore is to bring claims against government of- program. But this amendment lays out unlikely to encourage the providers to ficials, those suits can be brought di- a remarkably complicated litigation cooperate with the government in the rectly, without the complicated substi- procedure that is unlikely to achieve future. tution procedure described in this any meaningful review of the Presi- It is also unclear what substituting amendment. dent’s program. the government in these cases seeks to Although no member of the Intel- Under this amendment, if the Attor- accomplish. The proposal would in- ligence Committee offered an amend- ney General submits a certification to volve changing the nature of the ment on this issue, the committee con- the district court that an individual claims filed against telecommuni- sidered whether it would be more ap- carrier provided assistance in connec- cations companies to causes of action propriate to substitute the government tion with the President’s program or against the government under a num- for particular providers in ongoing law- did not provide assistance, the district ber of statutes, including the Federal suits as part of the work done in pre- court certifies a question to the FISA Tort Claims Act, the Administrative paring this bill. For all of the reasons Court. Procedure Act, or FISA. Suits under I have discussed, the committee ulti- The FISA Court is then required to these statutes, however, can be, and in mately decided that substitution was determine whether the carrier cooper- some cases, have already been brought not the right approach to address the ated with existing law, or acted in good against the government. faith and pursuant to an objectively If it is already possible to sue the ongoing lawsuits. reasonable belief that the written re- government under thee statutes for I, therefore, cannot support this quest was legal. If the FISA Court possible violations, and indeed, if the amendment, and I urge my colleagues makes that finding, the government is government has already been sued to oppose it. substituted for the carrier in the dis- under these statutes, why do we need The PRESIDING OFFICER. The Sen- trict court. to create a new procedure to convert ator from Missouri. At that point, litigation continues claims against private companies into Mr. BOND. Mr. President, for all the against the government under several these claims against the government? reasons we voted down striking retro- different possible statutes, and the pro- Finally, we should look at what is ac- active immunity, this amendment vider is dismissed from the suit. The tually happening in the current litiga- must be defeated as well because it plaintiffs may, however, seek dis- tion. Many of my colleagues have sug- would continue to disclose all the covery—that is, documents, witness gested that allowing the litigation to methods of collection in electronic sur- testimony, and other information— continue—with either the government veillance and it would put at risk the from the providers who were originally or the providers as the defendant—will private parties. named in the lawsuit. allow the court to resolve the issue of The PRESIDING OFFICER. All time This complicated procedure raises a whether the providers acted in accord- has expired. The question is on agree- number of concerns both about the de- ance with the law. But this is not pres- ing to amendment No. 3927. termination by the FISA Court and the ently the debate in the litigation. Mr. BOND. I ask for the yeas and resolution of the lawsuits after the Right now, the parties in the ap- nays. government is substituted. proximately 40 civil lawsuits are argu- The PRESIDING OFFICER. Is there a As an initial matter, it is unclear ing about access to classified informa- sufficient second? why the cases would need to be trans- tion about the President’s program. There is a sufficient second. ferred to the FISA Court for a deter- The government has refused to publicly The clerk will call the roll. mination of good faith. The Intel- reveal the classified documents and in- The bill clerk called the roll. ligence Committee has already made formation that would allow litigation an assessment of the good faith of the to proceed. Because classified informa- Mr. DURBIN. I announce that the cooperating providers. The possibility tion is needed to address even thresh- Senator from New York (Mrs. CLINTON) of a court—rather than the Congress— old litigation issues, having the gov- is necessarily absent. making the good faith determination is ernment or a particular provider as de- Mr. KYL. The following Senator is particularly relevant to an amendment fendant in the suit is unlikely to necessarily absent: the Senator from offered by Senator FEINSTEIN, and I am change this aspect of the litigation. South Carolina (Mr. GRAHAM). sure we will discuss it further. In other words, whether or not we Further, if present and voting, the But even if Congress seeks to have a substitute the government for the pro- Senator from South Carolina (Mr. court, rather than Congress, make a vider, no court is likely to resolve the GRAHAM) would have voted ‘‘nay.’’ determination of good faith, having question of whether the President, or The PRESIDING OFFICER. Are there that.determination made in the FISA any private company, violated the law any other Senators in the Chamber de- Court unnecessarily complicates the in the near future. Given that the ad- siring to vote? process. The FISA Court is not a stand- ministration is unlikely to declassify The result was announced—yeas 30, ard factfinding trial court; it does not information about the program while nays 68, as follows:

VerDate Aug 31 2005 01:39 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.016 S12FEPT1 ccoleman on PRODPC75 with SENATE February 12, 2008 CONGRESSIONAL RECORD — SENATE S889 [Rollcall Vote No. 17 Leg.] Now, there are some people who say The policy question that is at the YEAS—30 there ought to be a court challenge to heart of the Feinstein amendment— Akaka Harkin Obama the President’s terrorist surveillance whether companies that cooperated Bingaman Kennedy Reed program. Let me remind my colleagues with the intelligence community after Boxer Kerry Reid that there are seven cases proceeding September 11 should be protected from Brown Kohl Sanders Byrd Lautenberg Schumer against the Government and Govern- liability for their actions—is not a Cantwell Leahy Specter ment employees which will not be im- question than can truly be addressed in Cardin Levin Stabenow pacted by this bill. Every day that liti- an individual court case. Unlike the Casey McCaskill Webb Durbin Menendez Whitehouse gation continues, whether it be in a fact-intensive, good faith determina- Feingold Nelson (FL) Wyden FISA court or in open court, there is a tions that would be made in a court danger of leaking of information. case, this question is not about how a NAYS—68 There could be disclosure of our company reacted to each individual Alexander Dodd McCain methods, and there could be risks to Allard Dole McConnell piece of correspondence it received, or Barrasso Domenici Mikulski employees of the companies in areas of its discussions with the Government. Baucus Dorgan Murkowski the world. Certainly their bottom line The question should not be answered Bayh Ensign Murray could be impacted. As Senator DURBIN on a piecemeal basis, based on whether Bennett Enzi Nelson (NE) pointed out last week, leaks of classi- each of the individual actions taken by Biden Feinstein Pryor Bond Grassley Roberts fied information caused severe harm to any particular company was in good Brownback Gregg Rockefeller a company in his State. faith. Bunning Hagel Salazar I urge the defeat of this amendment. Burr Hatch Knowing how to address this policy Sessions Carper Hutchison Mr. ROCKEFELLER. Mr. President, Shelby issue instead depends on understanding Chambliss Inhofe the distinguished Senator from Cali- the circumstances that surrounded the Coburn Inouye Smith fornia has offered an amendment to Snowe requests, the full dimension of the Cochran Isakson modify the procedures in the Intel- Coleman Johnson Stevens threat, and the historical relationship Collins Klobuchar Sununu ligence Committee bill on dismissal of between the Government and the com- Tester Conrad Kyl civil actions against telecommuni- panies. Because Congress has the abil- Corker Landrieu Thune cations companies that assisted an ele- Cornyn Lieberman Vitter ity to look at the totality of the cir- Craig Lincoln Voinovich ment of the intelligence community cumstances in a way that a court eval- Crapo Lugar Warner with regard to the President’s uating an individual company’s good DeMint Martinez Wicker warrantless surveillance program. faith cannot, I feel that it is our re- NOT VOTING—2 Senator FEINSTEIN’s amendment pre- sponsibility to assess the reasonable- serves the basic idea of the Intelligence Clinton Graham ness of the response of all of the com- Committee bill; namely, that narrowly panies. The amendment (No. 3927) was re- crafted immunity for private compa- jected. nies is an appropriate way of resolving Given the circumstances involved in Mr. BOND. Mr. President, I move to dozens of lawsuits arising from the this sensitive matter, I believe Con- reconsider the vote. President’s program. But the amend- gress, not the courts, should make the Mr. LEVIN. I move to lay that moment makes one significant change in determination as to whether companies tion on the table. the procedure proposed by the Intel- acted in good faith and should be pro- The PRESIDING OFFICER. Without ligence Committee. Rather than Con- tected from liability. objection, it is so ordered. gress deciding that each and every Apart from disagreeing as to who AMENDMENT NO. 3919 company acted in good faith, the ques- should make the decision about good The PRESIDING OFFICER. Under tion of whether individual carriers re- faith, there are also a number of sig- the previous order, there will now be 2 lied in good faith on representations nificant procedural concerns with the minutes of debate equally divided on made by the Government would be Feinstein amendment. I fear that these amendment No. 3919 offered by the Sen- made by the FISA Court. problems would make the amendment ator from California, Mrs. FEINSTEIN. I understand and appreciate the Sen- unworkable. The Senator from California. ator from California’s desire to have a Under Senator FEINSTEIN’s amend- Mrs. FEINSTEIN. Mr. President, court make this good faith determina- ment, the first step in the immunity FISA has a law within it as to how you tion. But in this particular case, I process would be the same as under the do electronic surveillance, and that law think that Congress is better able to Intelligence Committee’s bill. The At- has specific provisions of what compa- assess the context in which companies torney General would make a certifi- nies seeking to assist the Government cooperated with the Government in cation to a court in which a case must do. Essentially, what this amend- order to determine whether they acted against a telecommunication company ment does is ask the FISA Court to re- in good faith. is being heard. The certification would view that compliance by the telecom As members of the Intelligence Com- say one of two things. companies to see that they complied mittee, Senator FEINSTEIN and I have First, if the company assisted the with the elements of that part of FISA. had access to the letters sent to the government, the certification would I think some Members have been able telecommunications companies. We have to indicate that any assistance to look at the certification letter sent have heard from the companies who provided had been for an intelligence to telecoms, but most Members have were told after 9/11 that their assist- activity involving communications not, and I think it is very important ance was ‘‘required’’ and that the re- that had been authorized by the Presi- that the court have an opportunity to quest for assistance was based on a dent between September 11, 2001, and review these certifications and see if Presidential order, the legality of January 2007. they are adequate under the provisions which was certified by the Attorney of the FISA law, and this is exactly General. The certification would also have to what this amendment does. In addition, the committee under- state that the assistance had been de- I thank the Chair, and I yield the stands the threats faced by the United scribed to the company in a written re- floor. States in the years after September 11, quest or directive from the Attorney The PRESIDING OFFICER. The Sen- and the effect that threat environment General or the head or deputy head of ator from Missouri. had on all American citizens. an intelligence community element Mr. BOND. Mr. President, the FISA The committee also understands ex- which indicated that the activity was Court was not set up to make judg- actly how critical the private sector is authorized by the President had deter- ments about the operation of foreign to all of our intelligence collection ef- mined to be lawful. intelligence. As a matter of fact, they forts, and what effect the pending law- Alternatively, the certification could said specifically, in a case released in suits have had on the private sector’s indicate that the telecommunications December, that is a matter for the ex- continued cooperation with the Gov- company did not provide the alleged ecutive branch. ernment. assistance.

VerDate Aug 31 2005 02:50 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.017 S12FEPT1 ccoleman on PRODPC75 with SENATE S890 CONGRESSIONAL RECORD — SENATE February 12, 2008 The court would then have the oppor- tiffs in these cases. As they do not cur- The amendment (No. 3911), in the na- tunity to review the Attorney Gen- rently have security clearances, the ture of a substitute, as amended, was eral’s certification for abuse of discre- Government is unlikely to provide the agreed to. tion. To protect national security in- plaintiffs with access to classified in- The PRESIDING OFFICER. The formation, only the judge would be en- formation about the proceeding. Thus, question is on the engrossment and titled to review the certification; the most likely, they will not be involved third reading of the bill. plaintiffs would not have access to it. in the debate. The bill was ordered to be engrossed Under the committee’s bill, such a I commend the Senator from Cali- for a third reading and was read the certification would be the end of the fornia for her efforts to come up with a third time. process, except for the issuance of the mechanism by which the court can CLOTURE MOTION court’s order dismissing the action if consider and determine the good faith The PRESIDING OFFICER. Under the Attorney General’s certification of the companies. But, because of all of the previous order, the clerk will re- met these requirements. the procedural problems with this port the motion to invoke cloture. Senator FEINSTEIN’s amendment, in amendment I have described, as well as The legislative clerk read as follows: contrast, uses that certification to a more fundamental belief that Con- CLOTURE MOTION trigger a transfer of the case to the gress has a unique ability in this cir- We, the undersigned Senators, in accord- Foreign Intelligence Surveillance cumstance to assess the good faith of ance with the provisions of rule XXII of the Court. This amendment also specifi- the companies, I cannot support this Standing Rules of the Senate, hereby move cally provides that the FISA Court will amendment. to bring to a close debate on S. 2248, the permit any plaintiff in an applicable The PRESIDING OFFICER (Mr. FISA bill. covered civil action to appear before WHITEHOUSE.) All time has expired. The Harry Reid, Charles E. Schumer, Sherrod the Court. question is on agreeing to amendment Brown, Daniel K. Akaka, Jeff Binga- This transfer of the case to the FISA No. 3919. man, Thomas R. Carper, Ken Salazar, Sheldon Whitehouse, John D. Rocke- Court seriously complicates the exist- The yeas and nays have been ordered. The clerk will call the roll. feller IV, Richard Durbin, Bill Nelson, ing lawsuits, and poses a number of sig- Debbie Stabenow, Robert P. Casey, Jr., nificant procedural problems that are The legislative clerk called the roll. Mr. DURBIN. I announce that the E. Benjamin Nelson, Evan Bayh, Daniel not resolved in the amendment. K. Inouye. Senator from New York (Mrs. CLINTON) As an initial matter, the type of Mr. FEINGOLD. Mr. President, as I analysis in the amendment is outside is necessarily absent. Mr. KYL. The following Senator is have said repeatedly on the Senate the longstanding scope and jurisdiction necessarily absent: the Senator from floor, I strongly oppose granting un- of the FISA Court. justified retroactive immunity to com- Under the Feinstein amendment, the South Carolina (Mr. GRAHAM). Further, if present and voting, the panies that allegedly participated in FISA Court would be required to deter- Senator from South Carolina (Mr. the President’s illegal wiretapping pro- mine, acting as a body of all judges, GRAHAM) would have voted ‘‘nay.’’ gram, which went on for more than 5 whether immunity would be granted The PRESIDING OFFICER. Are there years. It is unnecessary because under under current law, whether the com- any other Senators in the Chamber de- current law, companies already have pany had an objectively reasonable be- siring to vote? immunity from civil liability if they lief under the circumstances that com- The result was announced—yeas 41, comply with a court order or with a pliance with the written request or di- nays 57, as follows: certification from the Attorney Gen- rective was lawful, or whether the com- [Rollcall Vote No. 18 Leg.] eral that a court order is not required pany did not provide the alleged assist- YEAS—41 and all statutory requirements have ance. None of these determinations involve Akaka Feingold Nelson (FL) been met. Congress should leave it to Baucus Feinstein Obama the courts to evaluate whether the the Foreign Intelligence Surveillance Bayh Harkin Reed companies alleged to have cooperated Act, the statute on which the FISA Biden Kennedy Reid Court has expertise. Indeed, the point Bingaman Kerry Salazar with the program would deserve immu- Boxer Klobuchar Sanders nity under this existing law rather of the litigation is that the President’s Brown Kohl program was conducted outside of Schumer than changing the rules of the game Byrd Lautenberg Specter Cantwell Leahy after the fact. That is why I have been FISA. Stabenow Cardin Levin In addition, the FISA Court is not Tester a staunch supporter of the Dodd Casey Lincoln Webb amendment to strike the immunity generally set up for adversarial civil Conrad McCaskill litigation; it does not usually hear Dorgan Mikulski Whitehouse provision from this bill entirely. from witnesses or take evidence. Al- Durbin Murray Wyden Given my strong opposition to any though Congress has granted the Court NAYS—57 retroactive immunity for telecommunications companies, I want to the ability to hear challenges to cer- Alexander Dodd McCain tain FISA directives, it has never be- Allard Dole McConnell explain why I voted in favor of two fore been asked to make factual deter- Barrasso Domenici Menendez amendments that proposed alter- minations that affect the outcome of Bennett Ensign Murkowski natives to but did not entirely elimi- Bond Enzi Nelson (NE) civil lawsuits. Brownback Grassley Pryor nate retroactive immunity. Amend- Sending the case to the FISA court Bunning Gregg Roberts ment No. 3927, offered by Senators therefore raises all sorts of questions. Burr Hagel Rockefeller SPECTER and WHITEHOUSE, would have For example, would the FISA Court, Carper Hatch Sessions substituted the Government for the Chambliss Hutchison Shelby acting en banc, hear testimony from Coburn Inhofe Smith companies in the pending litigation, witnesses? If so, who would examine Cochran Inouye Snowe and amendment No. 3919, proposed by the witnesses? What rules of evidence Coleman Isakson Stevens Senator FEINSTEIN, would have di- Collins Johnson Sununu would apply? What role would the Corker Kyl Thune rected the FISA Court to evaluate plaintiffs play in the proceeding? Cornyn Landrieu Vitter whether companies complied with the The FISA Court would have to come Craig Lieberman Voinovich existing immunity provision or other- up with an entirely new set of proce- Crapo Lugar Warner wise acted in good faith. DeMint Martinez Wicker dures just to handle this litigation. I do not believe that either of these This new proceeding—particularly as NOT VOTING—2 proposals is necessary. In fact, when the Court would have to act en banc— Clinton Graham Senator SPECTER offered his substi- would significantly strain the re- The PRESIDING OFFICER. Under tution proposal as a stand-alone bill in sources of the Court that oversees our the previous order requiring 60 votes the Senate Judiciary Committee, I op- electronic surveillance of terrorists for adoption of the amendment, the posed it. I firmly believe that Congress and foreign powers and protects the amendment is withdrawn. should allow the courts to evaluate privacy of U.S. persons. Under the previous order, the sub- whether the companies deserve immu- Nor does transferring the cases to the stitute amendment, as amended, is nity under the law that applied to FISA Court necessarily help the plain- agreed to. them at the time, and we should not be

VerDate Aug 31 2005 01:39 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.019 S12FEPT1 ccoleman on PRODPC75 with SENATE February 12, 2008 CONGRESSIONAL RECORD — SENATE S891 meddling in this area at all. However, NOT VOTING—2 ther, authorizing widespread surveil- unlike the Specter bill, these two Clinton Graham lance involving innocent Americans— amendments were offered to replace The PRESIDING OFFICER. On this at home and abroad. Proponents of the bill and the admin- the broad grant of retroactive immu- vote, the yeas are 69, the nays are 29. istration don’t want to talk about what nity in the FISA bill, and they were of- Three-fifths of the Senators duly cho- this bill actually authorizes. Instead, fered after the Senate had voted not to sen and sworn having voted in the af- they repeatedly and inaccurately as- adopt the Dodd-Feingold amendment. firmative, the motion is agreed to. Each of them was an improvement, sert that efforts to provide checks and however slight, to the underlying im- f balances will impede the government’s munity provision, in that they would RECESS surveillance of terrorists. They have left open the possibility that the launched these attacks against the The PRESIDING OFFICER. Under more balanced bill that came out of the lawsuits could continue, thus permit- the previous order, the Senate stands ting the courts to rule on the legality Judiciary Committee. And they have in recess until 2:15 p.m. attacked and mischaracterized amend- of the warrantless wiretapping pro- Thereupon, the Senate, at 12:34 p.m., gram. Therefore, I voted in favor of ments offered on the floor of this body. recessed until 2:15 p.m. and reassem- This is fear-mongering, it is wrong, and both of these amendments, even bled when called to order by the Pre- though I would have much preferred to it has obscured what is really going on. siding Officer (Mr. CARPER). see retroactive immunity stricken en- What does this bill actually author- tirely. f ize? First, it permits the government to come up with its own procedures for The PRESIDING OFFICER. By unan- FISA AMENDMENTS ACT OF 2007 imous consent, the mandatory quorum determining who is a target of surveil- The PRESIDING OFFICER. The Sen- call has been waived. lance. It doesn’t need advance approval ator from California is recognized. The question is, Is it the sense of the from the FISA Court to ensure that the Mrs. BOXER. Mr. President, I ask government’s targets are actually for- Senate that debate on S. 2248, an origi- unanimous consent that immediately nal bill to amend the Foreign Intel- eigners, and not Americans here in the following Senator FEINGOLD’s 15 min- ligence Surveillance Act of 1978, to United States. And, if the Court subse- utes on FISA, I be recognized for 10 quently determines that the govern- modernize and streamline the provi- minutes and that the time be taken sions of that act, and for other pur- ment’s procedures are not even reason- from Senator DODD’s 4 hours. poses, shall be brought to a close. ably designed to wiretap foreigners, The PRESIDING OFFICER. Is there rather than Americans, there are no The yeas and nays are required under objection? the rule. meaningful consequences. All that ille- Without objection, it is so ordered. gally obtained information on Ameri- The clerk will call the roll. The Senator from Wisconsin is recog- cans can be retained and used. The bill clerk called the roll. nized. Second, even if the government is Mr. DURBIN. I announce that the Mr. FEINGOLD. Mr. President, I targeting foreigners outside the U.S., Senator from New York (Mrs. CLINTON) strongly oppose S. 2248. This bill is those foreigners need not be terrorists. is necessarily absent. deeply flawed in ways that will have a They need not be suspected of any Mr. KYL. The following Senator is direct impact on the privacy of Ameri- wrongdoing. They need not even be a necessarily absent: the Senator from cans. Along with several other Mem- member or agent of some foreign South Carolina (Mr. GRAHAM). bers of this body, I have offered modest power. In fact, the government can just Further, if present and voting, the amendments that would have per- collect international communications Senator from South Carolina (Mr. mitted the government to obtain the indiscriminately, so long as there is a GRAHAM) would have voted ‘‘yea.’’ intelligence it needs, while providing general foreign intelligence purpose, a The PRESIDING OFFICER. Are there the checks and balances required to meaningless qualification that the DNI any other Senators in the Chamber de- safeguard our constitutional rights. has testified permits the collection of siring to vote? Unfortunately, under intense adminis- all communications between the The yeas and nays resulted—yeas 69, tration pressure marked by inaccurate United States and overseas. Under this nays 29, as follows: and misleading scare tactics, the Sen- bill, the government can legally collect [Rollcall Vote No. 19 Leg.] ate has buckled. And we are left with a all communications—every last one— YEAS—69 very dangerous piece of legislation. between Americans here at home and The railroading of Congress began Alexander Dole McConnell the rest of the world. Even the sponsor Allard Domenici Mikulski last summer, when the administration of this bill, the chairman of the Intel- Barrasso Ensign Murkowski rammed through the so-called Protect ligence Committee, acknowledges that Baucus Enzi Nelson (FL) America Act, vastly expanding the gov- this kind of bulk collection is probably Bayh Feinstein Nelson (NE) Bennett Grassley Pryor ernment’s ability to eavesdrop without unconstitutional, but the DNI has said Bond Gregg Roberts a court-approved warrant. That legisla- it would be not only authorized but Brownback Hagel Rockefeller tion was rushed through this Chamber ‘‘desirable’’ if technically possible. Bunning Hatch Salazar in a climate of fear—fear of terrorist Burr Hutchison Sessions Technology changes fast in this area. Carper Inhofe Shelby attacks, and fear of not appearing suf- We have been forewarned, yet the Sen- Casey Inouye Smith ficiently strong on national security. ate failed to act. Chambliss Isakson Snowe There was very little understanding of One of the few bright spots in this Coburn Johnson Specter Cochran Kohl Stevens what the legislation actually did. bill is the inclusion of an amendment, Coleman Kyl Sununu But there was one silver lining: The offered by Senators WYDEN, Collins Landrieu Thune bill had a 6-month sunset to force Con- WHITEHOUSE and myself in the Intel- Conrad Lieberman Vitter gress to do its homework and recon- ligence Committee, to prohibit the in- Corker Lincoln Voinovich Cornyn Lugar Warner sider the approach it took. Unfortu- tentional targeting of an American Craig Martinez Webb nately, with far too few exceptions, the overseas without a warrant. That is an Crapo McCain Whitehouse damage has not been undone. important new protection. But that DeMint McCaskill Wicker This new bill was intended to ensure amendment does not rule out the indis- NAYS—29 that the government can collect com- criminate vacuuming up of all inter- Akaka Durbin Murray munications between persons overseas national communications, which would Biden Feingold Obama without a warrant, and to ensure that allow the government to collect the Bingaman Harkin Reed the government can collect the com- communications of Americans over- Boxer Kennedy Reid Brown Kerry Sanders munications of terrorists, including seas, including with friends and family Byrd Klobuchar Schumer their communications with people in back home, without a warrant. And Cantwell Lautenberg Stabenow the United States. No one disagrees those communications can be retained Cardin Leahy Tester Dodd Levin that the government should have this and used. Even the administration’s il- Wyden Dorgan Menendez authority. But this bill goes much fur- legal warrantless wiretapping program,

VerDate Aug 31 2005 01:39 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.044 S12FEPT1 ccoleman on PRODPC75 with SENATE S892 CONGRESSIONAL RECORD — SENATE February 12, 2008 as described when it was publicly con- much as we possibly can. And we can Instead of allowing the courts to firmed in 2005, at least focused on the do that without sacrificing our ability apply that law to the facts—instead of communications of particular terror- to collect information that will help allowing judges to decide whether the ists. What we are talking about now is protect our national security. companies deserve immunity for acting potentially a huge dragnet that could But, the Senate has once again fallen appropriately—this bill sends the mes- sweep up the communications of count- for administration tactics that have sage that companies need not worry less innocent Americans. become so depressingly familiar. about complying with questionable Third, the Senate failed to prohibit ‘‘Trust us,’’ they say. ‘‘We don’t need government requests in the future be- the practice of reverse targeting; judicial oversight. The courts will just cause they will be bailed out after the namely, wiretapping a person overseas get in our way. You never know when fact. when what the government is really in- they might tell us that what we’re This is outrageous. Even more out- terested in is an American here at doing is unconstitutional, and we rageous is that fact that if these law- home with whom the foreigner is com- would prefer to make that decision on suits are dismissed, the courts may municating. The underlying bill simply our own. Checks and balances, judicial never rule on the NSA wiretapping pro- does not stop this practice and, if there and congressional oversight, will im- gram. This is an ideal outcome for an was any doubt, the DNI has publicly pede our ability to fight terrorism.’’ administration that believes it should said that the bill merely ‘‘codifies’’ the And, sadly, these grossly misleading ef- be able to interpret laws alone, without administration’s view that surveillance forts at intimidation have apparently worrying about how Congress wrote of an American is fine, so long as the worked. them or what a judge thinks. For those government is technically wiretapping I have been speaking for some time of us who believe in three independent the foreigner. Even the DNI has said now about my strong opposition to this and co-equal branches of government, this is unconstitutional, but there is bill, and I haven’t even addressed one it is a disaster. nothing in this bill to stop it. of the most outrageous elements of In the 1970s, Congress learned that Fourth, the Senate has failed to pro- that bill: the granting of retroactive the executive branch had been using its tect the privacy of Americans whose immunity to companies that allegedly immense powers and the advance of communications will be collected in participated in an illegal wiretapping technology to spy on its citizens. By vast new quantities. The administra- program that lasted for more than 5 passing FISA, Congress faced up to the tion’s mantra has been: ‘‘don’t worry, years. fact that we can’t just trust the execu- we have minimization procedures.’’ This grant of automatic immunity is tive branch, including the President of Minimization procedures are nothing simply unjustified. There is already an the United States, to do the right more than unchecked executive branch immunity provision in current law thing, that judicial oversight of the decisions about what information on that has been there since FISA was ne- power to spy was needed, that checks Americans constitutes ‘‘foreign intel- gotiated—with the participation of the and balances are the best way to en- ligence.’’ As recently declassified docu- telecommunications industry—in the sure liberty, and security. ments have again confirmed, the abil- late 1970s. The law is clear. Companies I have spent a great deal of time on ity of government officials to find out have immunity from civil liability the floor over the past several weeks the identity of Americans and use that when they cooperate with a Govern- discussing the details of the bill, offer- information is extremely broad. More- ment request for assistance—as long as ing amendments, and debating the pos- over, even if the administration were they receive a court order, or the At- sible effects of the fine print of the correct that minimization procedures torney General certifies that a court statute. But this isn’t simply about have worked in the past, they are cer- order is not required and all statutory fine print. In the end, my opposition to tainly inadequate as a check against requirements have been met. this bill comes down to this: This bill the vast amounts of Americans’ private This is not about whether companies is a tragic retreat from the principles information that could be collected had good intentions. It is about wheth- that have governed government con- under these new authorities. er they complied with this statutory duct in this sensitive area for 30 years. This legislation is particularly trou- immunity provision, which has applied It needlessly sacrifices court oversight bling because we live in a world in to them for 30 years. If the companies and protection of the privacy of inno- which international communications followed that law, they should get im- cent Americans. It is an abdication of are increasingly commonplace. Thirty munity. If they did not follow that law, this body’s duty to stand up for the years ago it was very expensive, and they should not get immunity. And a rule of law. not very common, for most Americans court should make that decision, not We know what is wrong with this leg- to make an overseas call. Now, particu- Congress. It is that simple. islation. We know that it authorizes larly with email, such communications Congress passed a law laying out unconstitutional surveillance of Amer- are commonplace. Millions of ordinary, when telecom companies get immunity icans. We have been forewarned. I urge and innocent, Americans communicate and when they don’t for a reason. my colleagues to vote ‘‘no’’ on final with people overseas for entirely legiti- These companies have access to our passage. mate personal and business reasons. most private communications, so Con- The PRESIDING OFFICER. The Sen- Parents or children call family mem- gress has subjected them to very pre- ator from California is recognized. bers overseas. Students email friends cise rules about when they can provide Mrs. BOXER. Mr. President, I rise to they have met while studying abroad. that information to the government. If speak about the FISA bill currently Business people communicate with col- the companies did not follow the law being considered by the Senate. I be- leagues or clients overseas. Techno- Congress passed, they should not be lieve it is our duty to provide all the logical advancements combined with granted a ‘‘get out of jail free’’ card tools necessary to fight terrorism. We the ever more interconnected world after the fact. also have another duty—I would say a economy have led to an explosion of Proponents of retroactive immunity simultaneous duty, a sworn duty—to international contacts. have said repeatedly that immunity is protect the constitutional rights of our We often hear from those who want necessary if the government is going to citizens. to give the government new powers have the cooperation of carriers in the So we have two duties. One is to pro- that we just have to bring FISA up to future. We do need that cooperation. tect the American people and give the date with new technology. But changes But we also need to make sure that Government the tools it needs to do in technology should also cause us to carriers don’t cooperate with illegit- that; two, to protect the constitutional take a close look at the need for great- imate requests. We already have a law rights of Americans. If we lose those er protections of the privacy of our that tells companies when they should rights, then the basic freedoms of our citizens. If we are going to give the and when they shouldn’t cooperate, so people are at risk. government broad new powers that will they are not placed in the position of I believe we have fallen far short. We lead to the collection of much more in- having to evaluate independently have fallen far short of the balance formation on innocent Americans, we whether the government’s request for that we always need to look for, ever have a duty to protect their privacy as help is legitimate. since the beginning of our Republic—

VerDate Aug 31 2005 01:39 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.024 S12FEPT1 ccoleman on PRODPC75 with SENATE February 12, 2008 CONGRESSIONAL RECORD — SENATE S893 the balance between security and free- not give these telephone companies the and the people of America who are law- dom. I think we missed it here. authority to do what they did, but they abiding and caring and all they live for It is not the Government’s job to were somehow persuaded by the adminis for their families—I don’t want to scare our people; it is the Govern- istration to go along with them. Not subject them to being spied upon. ment’s job to protect our people. It is every telephone company, not every Unfortunately, those amendments all not the Government’s job to endanger communications company did go along. went down. It is sad for me to say that the privacy of law-abiding Americans, At least one said: Look, we think this we have a bill that steps on the rights but to protect the privacy of law-abid- is not legal; show us the legality. And of the freedoms of our people, of the ing Americans. Sadly, we had a number they stood, I think, in firm support of law-abiding Americans in our country of amendments to this bill which would their consumers. and, therefore, I cannot support it. have brought that balance I talked Here is the problem with granting Mr. President, I yield the floor. I sug- about into being, the balance between immunity. Congress has not been given gest the absence of a quorum, and I ask security and freedom. complete information on this program. that the time be taken equally off both Senator FEINGOLD had an amendment We do not know the level of involve- sides. limiting the use and dissemination of ment by the telephone companies and The PRESIDING OFFICER. Without information unlawfully obtained the telecom companies. We need com- objection, it is so ordered. through foreign surveillance on U.S. plete information; we have incomplete The clerk will call the roll. citizens. His amendment would have information. How can I be a good Sen- The bill clerk proceeded to call the protected the rights of innocent U.S. ator, how can I do a good job if I don’t roll. citizens and provided a necessary bal- have the facts surrounding this whole Mr. DODD. Mr. President, I ask unan- ance to the bill. I was proud to support matter of the warrantless surveillance imous consent that the order for the it because the bill, obviously, needed program? When you put out that im- quorum call be rescinded. some more checks and balances. munity, you basically stop the court The PRESIDING OFFICER. Without Senator FEINGOLD also had an cases, and if you stop the court cases, objection, it is so ordered. amendment to provide protection we will never get to the bottom of this Mr. DODD. Mr. President, it is clear against bulk collection of foreign com- issue and our citizens will never know now that this body is going to approve munications that could include com- who was spied on, why were they spied retroactive immunity for the telecom munications of innocent Americans. on, what happened, what went wrong, industry, which may have helped the Again, this measure would have pro- what went right, and how much power President to illegally spy on millions vided additional protection for the this Government tried to exercise over of Americans. rights of American citizens, and I was its people illegally. I have spoken on this issue now for I proud to support it because I believe we Granting immunity without fully un- think in excess of 20 hours, going back need, again, additional checks on en- derstanding whether our people were il- 21⁄2 months ago when this issue first hanced Government surveillance au- legally spied upon and to what extent, came to the floor in December. Just to thority. I find that irresponsible. Where is our recall the history of the last couple of My colleague and friend from Cali- pride? We wrote a law that said phone months briefly, if I may: Two commit- fornia, Senator FEINSTEIN, had an companies cannot do this, and they tees of the Senate, appropriately, had amendment that stated a very impor- went ahead and did it. Not all of them. jurisdiction over this matter—the In- tant principle: that FISA, the Foreign Now we are saying: Never mind, Presi- telligence Committee and the Judici- Intelligence Surveillance Act, is the dent Bush and Vice President CHENEY ary Committee. In fact, the House of exclusive authority for conducting for- write the law, they make the decision. Representatives similarly had two eign intelligence surveillance. It is not right. It is not American. It is committees with jurisdiction over this Why is that important? It is impor- anti-American. It is not what we do in matter, the matter being the amend- tant because this administration ar- this great country. ments to the Foreign Intelligence Sur- gues time and again that ‘‘it has inher- President Bush says we are sending veillance Act. ent authority’’ to conduct warrantless our troops overseas to fight for free- I have talked at length about the his- surveillance, or that Congress somehow dom, fight for democracy, and at home tory of that act and commended our gave them the authority when it au- they ask the telecom companies to previous colleagues who served in this thorized the use of military force in break the law. They spied on Ameri- body for having crafted a rather inge- Iraq—a ridiculous claim. The Feinstein cans, and we cannot find out what they nious piece of legislation that amendment was a very important did, how they did it, the details of the architecturally created the balance be- amendment because it would have program, and now we are going to now tween security and liberty in the wake made it clear that FISA is the exclu- grant immunity. I cannot believe that of the Watergate scandal in the mid- sive authority, pure and simple. we didn’t do better on that particular 1970s. Democrats and Republicans came Why was that important going for- amendment. That amendment failed. together and said: How can we guar- ward? We don’t want to have this ad- Again, I was proud to stand with Sen- antee that we can gather information ministration or another one in the fu- ator DODD and Senator FEINGOLD on to keep our Nation safe and secure ture—I don’t care which party they are the amendment. from those who would do us harm and from—spying on the American people In closing, I don’t believe this bill simultaneously protect the more than and then saying: It is true, we didn’t strikes the kind of balance we need be- two centuries of liberties and rights obey FISA, but we thought it was im- tween broadening the Government’s that Americans have come to associate portant to go outside the law. If we had authority to conduct surveillance and with our Constitution—the rule of law? adopted the Feinstein amendment, we protecting the rights of our citizens. This was not an easy matter, striking would have clearly stated that FISA is We did have many chances today to in- that balance, that tension which has the law when it comes to conducting crease the oversight of FISA surveil- existed for more than 220 years in our surveillance on our own people. lance programs. We had many opportu- country, and I would be the first to The Feinstein amendment—which nities to hold this administration ac- admit that. So I have great admiration failed, sadly by only 1 or 2 votes short countable and future administrations for those who struggled with it. of the 60-vote hurdle—said we are not accountable while giving them what In 1978, the FISA—the Foreign Intel- going to lose our freedoms, we are not they need to go after the bad actors, ligence Surveillance Act—Court was going to allow another administration those who would harm us. I voted to established, a secret court, the mem- to spy on us; FISA is going to be the get bin Laden. I voted to go to war bers of which are appointed by the one and only law that pertains here. against al-Qaida. I voted no on the Iraq Chief Justice of the U.S. Supreme Finally, there is the issue of immu- war because that was a diversion. I Court. The members of that court are nity for telecommunications compa- want to get the terrorists who per- sitting Federal judges across the land. nies that cooperated with the adminis- petrated 9/11. I want to give any admin- No one can ever know who these judges tration’s warrantless surveillance pro- istration the tools they need, but I do are. They are anonymous in that sense, gram. We know that American law did not want to expose my constituents and they are called upon at a moment’s

VerDate Aug 31 2005 04:12 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.034 S12FEPT1 ccoleman on PRODPC75 with SENATE S894 CONGRESSIONAL RECORD — SENATE February 12, 2008 notice to determine whether probable surveillance merely on those who were this body. We are not the judicial cause exists for a warrant to be issued outside the country or those who were branch, we are the legislative branch. to allow our Government to require in- suspected or might be involved in The Founders of this great Republic stitutions, public or private, to provide threatening activities. This decision to of ours created three coequal branches information that could affect the safe- gather information included literally of Government, and the judicial branch ty and security of our country. That every phone call, every fax, every e- was designed and created to check the has been the history. mail, every image that went through 16 actions of the executive and legislative Since 1978, time and again the Con- phone companies of our country, using branches and determine whether things gress of the United States has amended what they call splitters to literally we did were constitutional—legal—or the Foreign Intelligence Surveillance vacuum up everything that came in. If not. That is why they exist. So the de- Act. Usually, it was amended in order the allegations are true, it was one of bate about whether what the compa- to keep pace with the ability of those the single largest invasions of privacy nies did or did not do is legal is not a who would do us harm to utilize new in the history of our country, all done matter for this body to determine, any technologies, new sources of informa- without a warrant and without a court more than it is for the executive tion that could prove to be dangerous order. branch. It is the judicial branch that for our country; but simultaneously, We discovered this because of a whis- should make that determination. Yet, legislation was upgraded so that the tleblower and a report in the media by the action we took earlier today, we new means of gathering information, of that revealed the program. Otherwise, I are now going to close the door on de- determining who would do us harm, suspect it would be going on as I speak, termining whether the action taken by were also improving. In almost every without any interruption whatsoever. the phone companies was legal. instance, the amendments and the In fact, the only interruption that oc- Sweep it under the carpet, close the changes to the Foreign Intelligence curred, I might point out—because the door, and we will set the precedent for Surveillance Act were adopted unani- argument has been made that these some future Congress, which will point mously by members of both political companies were acting out of patriot- to this debate and its conclusion and parties. ism—came, according to some reports decide that the Congress of the United That brings us, of course, to this when the Federal Government stopped States found that the FISA Court was year, with the amendments being of- paying the phone companies for col- not needed or, that in fact the Presi- fered to this Foreign Intelligence Sur- lecting it. dent could collect whatever data and veillance Act. I would also point out that not every information he wanted—maybe med- Events occurred either prior to 9/11 phone company complied. I know the ical records, maybe financial records, or shortly thereafter which have argument has been made: Look, every- maybe personal histories of families. caused the most significant debate yet one did it. It is a common argument, I feel passionately about this issue. on FISA. There are those who have ar- one we made to our parents, usually: This is the first time in my quarter of gued that, in fact, the surveillance ac- Everyone was doing it. We all remem- a century service here that I have en- tivity that is the subject of the retro- ber the answer we received from our gaged in what might be called some active immunity actually began prior parents. Well, the argument here is: Al- ‘‘extended debate’’—that is how deeply to the attacks of 9/11. The bulk of the most everyone was doing it. Quest de- I care about this issue. evidence seems to point to the fact cided not to. When the request was Nothing is more important, in my that this surveillance began shortly made of them to gather information view, than the rule of law and the Con- thereafter. without a warrant, they said: Give us a stitution. No threat is so urgent that I would not be standing here, as I court order, and we will comply. A we should be willing to abandon the have said before, had this been a mo- court order was never forthcoming, of rule of law. But that is exactly what we mentary lapse of judgment, considering course, and they never participated. have done. And it is a false and phony the emotions of the attacks here on So this December, we arrived at this argument to claim that failing to do so our country. I could understand why a debate about whether to grant the would jeopardize our security. There is President, why a telecom industry, in telecoms retroactive immunity. Three a long history of the judicial branch of the wake of 9/11, would have responded other committees had examined this Government in this country dealing to a request to gather information issue, and all three of the committees, with sensitive national security mat- quickly to determine not only who did in the House and in this body, had de- ters in camera, without revealing state us harm but what additional dangers termined that retroactive immunity secrets. The suggestion that we cannot they posed to us. I would not be stand- was not warranted. Only one com- possibly let the courts look at the use ing here if this had been an administra- mittee decided it was, but that com- of warrantless wiretapping is so false tion that had not engaged in a pattern mittee has prevailed in the last several on its face it is hardly worthy of an ar- of behavior over the years that sug- days, weeks, and months in this de- gument to the contrary. gested they had less than a high regard bate, and as such we are now con- In fact, Judge Walker, a Republican for the rule of law. But as we have now fronted with cloture being invoked, appointee to the Federal bench, I learned, this was not a matter of a cutting off debate here about the sub- might point out, has ridiculed the ar- week or a month or a year. This ject matter. And given the votes today, gument that these matters could not warrantless invasion of our privacy in all likelihood this body is not going go before the judicial branch for re- went on for 5 long years, without any to change its mind on this issue. Our view. There is no longer a debate about rule of law behind it except the word of only hope, those of us who feel strongly whether the wiretapping program is in an American President and apparently about this, is that the other body, the the public—it is. And the means and the sanction of the Attorney General of House of Representatives, which has technology used to do it have publicly the United States. taken a very different point of view, been discussed and debated. FISA specifically said in 1978 that will be able to prevail in the conference This decision deprives us of the op- you must have a warrant to do this. We between these two bills, and deny ret- portunity to determine exactly what even changed the law, as you know, roactive immunity. happened. I would further point out Mr. President, to say that you could Let me point out quickly that deny- that but for the insistence of the chair- even get the warrant after the fact if ing retroactive immunity does not man of this committee and the ranking the emergency was such that you mean the phone companies will nec- member, and I suspect others, the ad- didn’t have the opportunity to get the essarily be found guilty of doing some- ministration would have succeeded in warrant but went after the fact, imme- thing wrong. All it means is that the immunizing everyone involved with diately thereafter. coequal branch of Government, the ju- this, everyone within the executive I would point out, Mr. President, as I dicial branch, will get a chance to look branch, the White House, the Justice did in some detail last evening for al- at whether what they did was legal. I Department. most 3 hours on this floor, that the have my own opinions about this, but The chairman and the ranking mem- President’s warrantless wiretapping my opinions should not prevail, nor ber said that was going too far. But program was not a selective or focused should the opinions of 51 Members of that request is instructive. What do we

VerDate Aug 31 2005 01:14 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.035 S12FEPT1 ccoleman on PRODPC75 with SENATE February 12, 2008 CONGRESSIONAL RECORD — SENATE S895 learn from it? Why did the administra- So this debate should not be framed mindset that the Church Committee tion demand of the Intelligence Com- as the issue of the hour; rather, it is summed up so eloquently three decades mittee that everyone associated with about the principle behind it, and that ago. this matter be immunized against any is the rule of law. The power of courts The view that the traditional American further legal action? What was the mo- to decide the legality and illegality of principles of justice and fair play have no tive behind it? Doesn’t that suggest actions is so deeply imbedded in our place in our struggle against the enemies of that something else must be going on? Constitution, so deeply imbedded in freedom. That is where we are in all of this. the fabric of how we conduct ourselves, That view created the Nixonian se- Again, I apologize to my colleagues and that it ought not to be the subject of a crecy of the 1970s, and the Church Com- others for taking so much time to talk partisan discussion and debate. mittee wrote those words, in part, as a about this. But as I mentioned last That is why I have fought to keep rebuke to our predecessors in this evening, I grew up in a family with a this day from coming with everything I Chamber who for years let secrecy and father who was deeply involved in the had in me. I have not fought alone. executive abuses slide. But today those rule of law. He was a prosecutor at the Many average Americans have given words take on a new meaning. Today Nuremberg trials in 1945 and 1946, a me strength for this fight, strength they rebuke us. They shame us for our rather unique moment in American that comes from the passion and elo- lack of faith that we can, at the same history, where because of an American quence of citizens who do not have to time, keep our country safe and our President, because of a Secretary of be involved, but choose to be involved. Constitution whole. War, because of a Supreme Court Jus- I thank them for it. When the 21st century version of the tice and a handful of others, America But today when I speak in this body Church Committee convenes to inves- did not yield to the vengeance, even for against this immunity and for the rule tigate the abuse of the past years, how those enemies we hated the most: Nazis of law, I am speaking for a minority. will it judge us? What will it say about who had incinerated 6 million Jews and And respecting the rule of law any- us when they look back on our actions? 5 million others targeted for their poli- where means respecting it everywhere, When it reads through the records of tics, religion, and otherwise. Why even when it means we do not win. The our debate—not if, but when—what will it find? would you possibly give that crowd a rule of law says we, the minority, can- When the President asked us to repu- trial? A handful of Americans, Repub- not stand forever; and having made our diate the Geneva Conventions and strip case with all the fire in us, we stand licans and Democrats, got together and away the right of habeas corpus, how down and wait for a different day and a said: America is different. We believe did we respond? in the rule of law in the United States. different set of circumstances. When images of American troops tor- And we believe the rule of law is some- I will say this, though. I have seen menting detainees were broadcasted thing that does not necessarily belong some dark days in this Chamber; in my around the world, how did we protest? to one Nation or sovereignty; it be- mind, one of the worst was September When stories of secret prisons and longs to all people, reaching back to 28, 2007. That was the day the Senate outsourced torture became impossible our own founding documents that tell voted to strip habeas corpus and tol- to deny, how did we resist? us that the rule of law, not the rule of erate torture. And on February 12, 2008, when we man, ought to prevail. Today, February 12, 2008, is nearly as were asked to put corporations explic- So the United States, along with our dark: the day the Senate voted to en- itly outside the law and accept at face very reluctant allies, created the Nur- sure secrecy and to exempt corpora- value the argument that some are lit- emberg trials, which established the tions from the rule of law. Frankly, I erally too rich to be sued, how did we moral high ground for the United have seen a lot of darkness in recent vote? States in so many ways. As a result, 21 years, as one by one our dearest tradi- All of those questions are coming for defendants in the first trial got a law- tions of constitutional governance us. All of them and more. And in the yer and got to present evidence and de- have been attacked. quiet of his or her own conscience, each fend themselves—because we followed At each new attack, millions of Senator knows what the answers are. the rule of law. Americans have stood up in outrage; I fought so long against retroactive It was the moral high ground and the but millions more have answered with immunity because, in this huge fabric basis for so much else that was created patience. One might fault them for of lawlessness, it was the closest in the post World War II period: The that, but I do not. More than two cen- thread to grab. I believed if we grabbed international courts, the U.N. system, turies of democratic tradition have hold and pulled, it would begin to un- the NATO system, the Marshall Plan. nurtured that patience; it speaks well ravel. That has not happened. All these institutions sprang from that of our Democratic faith that so many But if we believe that each assault what we helped create in the wake of take the rule of law in America as a against the rule of law was an accident, World War II and the Nuremberg trials. given. that each was isolated, we are deluding So I grew up around a dining room If millions have not yet noticed the ourselves. If the past is any guide, table where the rule of law was talked rule of law falling, that is because it there will be another one. And hope, as about all the time. I was taught that has so far to fall. But fall it will, if we they say, springs eternal. I hope we our Constitution did not belong to a remove our support for it. The law in will stand up then. political party, it did not belong to America is not a gift or an inheritance; And perhaps we will have the chance politicians or candidates. it is the active work of every genera- to do so very soon. As I mentioned a And I remember that great scene in tion to preserve and protect it. few minutes ago, the House of Rep- the movie ‘‘A Man For All Seasons,’’ As America’s patience wears thinner resentatives has passed a version of where Thomas More is asked if he and thinner, and as more and more this bill without retroactive immunity. would not be willing to cut down all citizens take up that active work, our It will be the job of the conference be- the laws in England to get his hands on minority will—I have faith that it tween the House of Representatives the devil. will—make itself a majority. and the Senate to reconcile the two And More responds, and I am para- But today was not that day. And so versions of this bill. phrasing his quote: When I have cut the Senate has signed its name to this And before I stand down, I wish to down every law in England to get to immunity, this silencing of our courts, implore the members of that com- the devil and the devil comes after me, this officially sanctioned secrecy, with- mittee, in the strongest terms I can what laws will stand there to protect out a majority of us evening laying find, to strip retroactive immunity me? eyes on the secret papers that are sup- from this bill once and for all. Remem- So while some may feel comfort that posed to prove the President’s case. ber, this is about more than a few tele- they are being protected by this deci- Retroactive immunity is a disgrace phone calls, a few companies, a few sion we have made, they should remind in itself. And in the last months I be- lawsuits. If the supporters of retro- themselves the worm does turn, and lieve we have proved that beyond a rea- active immunity keep this small, they someday they may find themselves on sonable doubt. But it is even more dis- win. In truth, the issue we have de- the opposite side of this question. graceful in all it represents. It is the bated for the last few months, the issue

VerDate Aug 31 2005 01:14 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.037 S12FEPT1 ccoleman on PRODPC75 with SENATE S896 CONGRESSIONAL RECORD — SENATE February 12, 2008 that will finally come to a head in this erties and the privacy rights of Amer- content in real-time. What appears to conference committee, is so much ican citizens. I cannot support a bill have happened is a major change in more. At stake is our latest answer to that fails to strike this critical bal- how electronic surveillance is con- the defining question: The rule of law ance, as the original Foreign Intel- ducted in this country. Surveillance or the rule of men? ligence Surveillance Act (FISA) did. used to be particularized—investiga- That question never goes away. As We didn’t allow the government to tors would pick a target and then long as there are free societies, genera- have unchecked unlimited authority intercept the communications of that tions of leaders will struggle mightily then, and we shouldn’t allow it now. target. But now, it appears the Admin- to answer it. Each generation must an- There have been times in the past when istration is using advances in tech- swer for itself; and just because our both Democratic and Republican ad- nology to move to a wholesale surveil- Founders answered it correctly does ministrations lost sight of the need to lance regime, where everything is not mean they are bound by their protect U.S. citizens’ privacy rights. intercepted and then investigators sift choice. In that, as in all decisions, we We all want to protect the United through the hay to pick their targets. are entirely free; the whole burden falls States, but how good is this approach if In other words, the Administration is on us. the end result is that everyone thinks seizing millions of Americans’ commu- But we can take counsel. We can lis- that there is a back door to our com- nications—billions of phone calls and ten to those who came before us, who puter operating systems, a back door e-mails and more—in a 21st century made the right choice, even when our to our telecommunication systems? high-tech equivalent of the King’s gen- Nation’s very survival was at risk. Who will want to do business in the eral warrants that our Founders fought They knew that the rule of law was far United States if they think there are a revolution to avoid. more rooted in our character than any no secure systems, only systems to The Electronic Frontier Foundation one man’s lawlessness. which the U.S. government will have wants a court to be able to decide I do not think that has changed at access? Communications over the whether this new mode of surveillance all. Secure in that faith, I will sit down Internet, regardless of country of ori- is or can ever be legal, under FISA or now and end my part in this conversa- gin or country of destination, know no the fourth amendment. Letting the tion. But when the question of the rule national boundaries, and travel by the courts decide that question is critical of law or the rule of men comes again, most efficient route. If the Act as cur- to checks and balances, critical to en- which it surely will, I will be proud to rently drafted goes forward, it may suring that Congress’ privacy laws are stand up once more. And if this bill lead to an international reexamination followed and the fourth amendment re- comes back with retroactive immu- of how the Internet should operate. spected, and critical to preventing nity, I will speak against that trav- FISA has been a very important part of abuses of power. Therefore, I urge my esty—the denial of the rule of law in our checks and balances. colleagues to allow this case to move favor of the rule of men. In our country, a Senator cannot forward. I urge them to allow the Fed- I yield the floor. pick or choose what laws they follow eral courts to rule on the legality of The PRESIDING OFFICER (Mr. and neither should the President nor the companies’ conduct. These are the SALAZAR). The Senator from Wash- telecommunication companies. Con- issues, I believe, that must be reviewed ington is recognized. gress should not be providing blanket by the courts. I think passing this leg- Ms. CANTWELL. I rise today to ex- islation really preempts what is crit- press concerns about the FISA Amend- immunity for telecommunications companies that cooperated with the ical judicial review and undermines the ments Act S. 2248 before us. This morn- fundamental principle of checks and ing, the Senate lost an opportunity to Administration’s warrantless wiretapping programs. We don’t know pre- balances in our system. strengthen this bill. And, unfortu- I know these are challenging times. cisely what those companies did or the nately, without those critical provi- But we have to remember our Constitu- sions, I will have to oppose the bill be- full extent of what they did. I believe the Federal courts should be tion and to remember what is effective fore us. I thank the Senator from Con- policy. Everybody in America wants to necticut for his leadership in fighting allowed to rule on the legality of the companies’ conduct. Congress should be safer and we want to use technology against this bill. I know he will be back to protect our national security. But, on this issue at every opportunity. not move to preempt judicial decisions. Special procedures can be put in place technology can be used in a way that Mr. President, I rise to join this de- protects privacy rights. This all goes that could allow such cases to move bate. I have been, over many years, in- back to checks and balances. Instead of ahead without revealing classified interested and involved in privacy rights rushing to dismantle them, Congress formation or damaging U.S. national issues in a variety of capacities. Cer- needs to maintain and strengthen these security. Specifically, I want to touch tainly, the residents of my state care checks and balances in order to prevent on the lawsuit the Electronic Frontier passionately about their rights to pri- abuses of power. This model has Foundation (EFF) filed against a large vacy. worked for our country. This administration has done a lot to telecom company, accusing it of vio- I encourage my colleagues to make blur the line between foreign intel- lating FISA, on behalf of a class of its sure we remember the fourth amend- ligence gathering and spying on U.S. customers. If retroactive immunity is ment and we remember our citizens’ citizens. Now, the legislation before us granted to telecom providers, the law- rights to privacy as well in considering today could have been improved to bet- suit will be dismissed, and the public this legislation, which I hope the Sen- ter protect the rights of U.S. citizens will never get an opportunity of get- ate will turn down this afternoon. by passing amendments proposed by ting even a glimpse of what happened. Mr. ROCKEFELLER. Mr. President, my colleague Senator FEINGOLD, but The issue of the Federal Government under a unanimous Consent agreement, we turned those down. and telecoms possibly violating FISA the Senate has accepted three amend- Instead what has been a delicate bal- came to light in part as a result of the ments to the FISA Amendments Act of ance in the United States to protect actions of a brave whistleblower. Ac- 2008. I would like to say a word about the rights of privacy of U.S. citizens cording to media reports and internal each. and national security is going to be AT&T documents provided by this The senior Senator from Massachu- further eroded. whistleblower, Mark Klein, the setts has authored a helpful amend- Congress has limited powers and so telecom company allegedly splits off a ment to ensure that the Government does the President. The President does copy of all of the Internet traffic trans- will not intentionally acquire commu- not and should not have unchecked ported over fiber-optic cables running nications where the sender and all in- power in this or any other area. It though its San Francisco office and di- tended recipients are known at the would be contrary to our American val- verts it all—e-mails, IMs, web brows- time of the acquisition to be located in ues and our system of government, ing, everything—to a secure room the United States. which has endured for more than 231 under the control of the National Secu- Our bill, S. 2248, is not intended to years. rity Agency that contains sophisti- authorize the intelligence community When strengthening national secu- cated data-mining equipment capable to acquire purely domestic commu- rity, we must also safeguard civil lib- of monitoring all the communications’ nications.

VerDate Aug 31 2005 01:14 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.038 S12FEPT1 ccoleman on PRODPC75 with SENATE February 12, 2008 CONGRESSIONAL RECORD — SENATE S897 Electronic surveillance of purely do- and others, for proposing these solu- the liberties we cherish and the secu- mestic communications requires a tions, and I welcome the outpouring of rity we demand. We are trying to pro- court order under title I of FISA. In ad- interest on this issue from informed tect the American people, not special dition, S. 2248 explicitly prohibits the and concerned citizens around the interests like the telecommunications targeting of persons known at the time country. industry. We are trying to ensure that of acquisition to be located inside the News last week from the Intelligence we don’t sacrifice our liberty in pursuit United States. Committee hearing underscored the of security, and it is past time for the The importance of the Kennedy importance of ensuring that our sur- administration to join us in that effort. amendment is that it reinforces our in- veillance laws protect our security, There is no need for the goals of secu- tent. It should put to rest any doubts just as we must vigilantly safeguard rity and liberty to be contradictory. about what the Senate intends with re- our civil liberties. Director of National Mr. LEVIN. Mr. President, last year spect to protecting the communica- Intelligence McConnell warned that al- Congress passed a temporary bill with tions of persons within the United Qaida continues to train and recruit a 6-month time limit that would give States. I am grateful for the willing- new adherents to attack within the us the opportunity to carry out a thor- ness of the Senator KENNEDY to work United States, and such reports should ough, thoughtful examination of how with the committee on this amend- serve to unite us in common purpose to utilize complicated new tech- ment. against the terrorists that threaten our nologies in the surveillance of sus- I would also like to acknowledge his homeland. Instead, President Bush is pected terrorists without invading the leading role in the history of FISA as using this debate once again to divide privacy of innocent Americans. In the the sponsor of the original FISA legis- us through a politics of fear. months since we passed that temporary lation, first in 1976, and then when I was disappointed to learn of the act, we have worked in a bipartisan FISA was enacted in 1978. Senator KEN- President’s threat to veto any FISA manner to consider the best course for- NEDY helped the Congress then to enact bill that does not include an unprece- ward for permanent changes to the legislation that protects both our na- dented grant of immunity for tele- Foreign Intelligence Surveillance Act. tional security and the rights of Amer- phone companies that cooperated with Despite the enormous complexity of icans. We are grateful that he has the President’s warrantless wire- these issues, we reached a bipartisan stepped forward again to help us tapping program. Why the President consensus on the key provisions con- achieve those goals. continues to try to hold this important tained in title I of the bill we are con- Under the unanimous consent agree- legislation captive to that special in- sidering today. ment, the Senate has accepted an terest provision defies explanation. I believe that title I of the bill before I was proud to cosponsor the Dodd- amendment by Senator WHITEHOUSE us appropriately provides the intel- Feingold amendment to strike the im- that resolves an important question ligence community the authority it munity provision from the bill. How- about the status, pending appeal, of an needs to collect intelligence informa- ever, with the defeat of this amend- order by the Foreign Intelligence Sur- tion on suspected terrorists. The col- ment, telephone companies will not be veillance Court requiring correction of lection of that intelligence is impor- held accountable even if it could be deficiencies in intelligence collection tant to our national security and mer- proven that they clearly and know- procedures under the new title VII of its congressional support. That is why ingly broke the law and nullified the FISA. I helped write the Rockefeller-Levin The amendment requires the FISA privacy rights of Americans. This is a substitute amendment that we voted Court of Review to determine, within matter for the courts to decide, not for on last summer, why I voted in favor of 60 days of the Government’s appeal, preemptive action by the Senate. the Leahy substitute amendment that whether all or part of a FISA Court We can give our intelligence and law we considered in January, and why I order requiring correction will be im- enforcement community the powers support title I of the bill before us plemented during the appeal. The Gov- they need to track down and take out today. In my view, the Rockefeller- ernment may continue collection until terrorists without undermining our Levin substitute, the Leahy substitute, the appellate court makes that deter- commitment to the rule of law or our and title I of this bill all provide for mination, and longer if the Court so de- basic rights and liberties. That is why the appropriate collection of intel- termines. The 60-day requirement en- I cosponsored the Feingold amend- ligence information on suspected ter- sures that the matter will receive ap- ment, which would have prevented the rorists. pellate attention without undue delay. Government from using these extraor- Title I of this bill would provide the We appreciate Senator WHITEHOUSE’s dinary warrantless powers to conduct successful effort to resolve this matter. ‘‘bulk collection’’ of American infor- needed authority for collection of that Finally, under the unanimous con- mation. I also supported the Feingold- information in a responsible manner. sent agreement, the Senate has accept- Webb-Tester amendment to protect the Title I of this bill, unlike the tem- ed an amendment by Vice Chairman privacy of Americans’ communications porary act which we passed last sum- BOND to delete a statutory requirement by requiring court orders to monitor mer, would not authorize the targeting that appeals in cases either challenging American communications on Amer- of U.S. persons for electronic surveil- or seeking to enforce directives to ican soil, unless there is reason to be- lance without probable cause. companies be filed within 7 days. The lieve that the communications involve Title I of this bill, unlike the tem- amendment leaves it to the FISA Court terrorist activities directed at the porary act, would not authorize the ad- or the Court of Review to establish United States or the monitoring is nec- ministration to collect communica- that deadline as they do for all other essary to prevent death or serious bod- tions—including communications to appeals under FISA. ily harm. Unfortunately, these amend- and from U.S. persons—for months The amendment recognizes the re- ments were defeated as well. These are without even submitting the collection sponsibility of those courts to establish the types of narrowly tailored, com- program for court approval. rules. And it recognizes that both the monsense fixes that would have al- Title I of this bill, unlike the tem- Government and carriers may require lowed the Government to conduct sur- porary act, would not authorize the ad- additional time to evaluate whether an veillance without sacrificing our pre- ministration to continue to collect appeal should be filed. cious civil liberties. such communications for an extended I appreciate the vice chairman’s ef- For over 6 years since the attacks of period even after the FISA Court has fort to resolve this matter. 9/11, this administration has ap- specifically rejected an application for Mr. OBAMA. Mr. President, I am dis- proached issues related to terrorism as approval. appointed that the Senate has rejected opportunities to use fear to advance Title I of this bill, unlike the tem- several commonsense improvements to ideological policies and political agen- porary act, would expressly authorize the Intelligence Committee’s FISA das. It is time for this politics of fear judicial review of the targeting and so- proposal. I commend my colleagues, to end. called minimization procedures in Senators DODD, FEINGOLD, TESTER, We need durable tools in this fight order to protect the privacy rights of WEBB, WHITEHOUSE, LEAHY, SPECTER against terrorism—tools that protect U.S. persons.

VerDate Aug 31 2005 01:14 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.023 S12FEPT1 ccoleman on PRODPC75 with SENATE S898 CONGRESSIONAL RECORD — SENATE February 12, 2008 Title I of this bill, unlike the tem- electronic communication service provider We had the opportunity to adopt the porary act, would require regular infor providing any information, facilities, or Dodd-Feingold amendment, which spector general reviews and regular re- assistance in accordance with a directive would have struck title II from the bill, issued by the Attorney General or the Direc- ports to Congress on any authorized tor of National Intelligence pursuant to the allowing us to adopt a new approach collection program. act. that protects both the equities of tele- I congratulate Senator ROCKEFELLER In light of the prospective immunity communications providers that acted and other colleagues on their success in title I, which is appropriately in this in good faith and those of people who in achieving the administration’s sup- bill, the retroactive immunity of title were allegedly injured by their illegal port for these well-crafted title I provi- II is not necessary to ensure the future actions. sions, which are significant improve- cooperation of telecommunications We had the opportunity to adopt the ments over the temporary bill hastily providers that receive legitimate re- Specter-Whitehouse substitution adopted last year. quests for information from the intel- amendment, which would have fully Title II of the bill is a different story. ligence community. protected telecommunications pro- Title II would eliminate accountability The argument has been made that we viders, without depriving American by granting retroactive immunity for must provide retroactive immunity to citizens who were harmed by unlawful telecommunications providers that dis- the telecommunications providers to collection of their personal informa- closed communications and other con- ensure the cases against them are im- tion of a legal remedy. It did so by sub- fidential information of their cus- mediately dismissed because if the stituting the United States for the tomers at the behest of Government of- cases are permitted to proceed, vital telecommunications providers as the ficials. They did this despite a law spe- national security information will be defendant in lawsuits based on the ac- cifically making it illegal to do so. Un- disclosed. But the courts have numer- tions of those providers. That substi- like title I, there is no bipartisan ous tools at their disposal to protect tution would safeguard telecommuni- agreement on title II. such information and have successfully cations providers from liability just as Title II would require dismissal of used these tools throughout our his- effectively as the retroactive immu- lawsuits brought by persons claiming tory. They can review evidence in a nity language in title II of the bill. injury from interception and disclosure classified setting; they can redact doc- And we had the opportunity to adopt the of their communications, even if the uments; they can even dismiss a case Feinstein amendment, which would have activity resulting in the injury was il- for national security reasons if they limited immunity to those telecommuni- legal. It would require dismissal of law- deem it necessary to do so. cations providers that are found by a court suits, even if the disclosure violated Some have even taken the position to have acted in reasonable, good-faith reli- the constitutional rights of individuals that the mere existence of this litiga- ance on assurances from executive branch officials. whose personal information was ille- tion, even without the disclosure of gally disclosed. It would require dis- any information, will somehow help The adoption of these amendments missal of lawsuits, even if innocent the terrorists. But the President has would have made a significant im- U.S. citizens were damaged by the dis- already disclosed the existence of the provement to the bill. With their rejec- closure or compromise of confidential collection program at issue. It has been tion, I cannot support this bill despite personal information. discussed in Congress and in the press. my support for title I, which again, ap- Retroactive immunity is not fair. It The Director of National Intelligence propriately, authorizes the collection is not wise. And it is not necessary. has publicly discussed the program. of intelligence. But it is my hope that Retroactive immunity is not fair be- There is a way to properly immunize a bill comes from conference with the cause it leaves American citizens who from legal liability telecommuni- House of Representatives that includes may have been harmed by the alleged cations providers that acted in good appropriate changes to eliminate un- unlawful conduct of these providers faith based on the assurances of appro- fair, unwise, and unnecessary retro- without any legal remedy. priate administration officials. The active immunity provisions. Retroactive immunity is not wise be- way to do that is by substituting the I yield the floor and suggest the ab- cause it precludes any judicial review United States for the telecommuni- sence of a quorum. of that conduct. I am deeply concerned cations providers as the defendant in The PRESIDING OFFICER. The that if we act here to immunize private lawsuits based on the actions of those clerk will call the roll. parties who participated in a program providers. That substitution would The legislative clerk proceeded to that appears to have been clearly ille- safeguard telecommunications pro- call the roll. gal, we may encourage others to en- viders from liability just as effectively Mr. LEAHY. Madam President, I ask gage in such illegal activities in the fu- as the retroactive immunity language unanimous consent that the order for ture. In a free society, illegal activity in title II of the bill. But unlike the the quorum call be rescinded. cannot be excused on the grounds that retroactive immunity language of title The PRESIDING OFFICER (Mrs. Government officials asked you to II, it would not leave persons who can MCCASKILL). Without objection, it is so carry it out. There must be account- prove they were victims of unlawful ac- ordered. ability for illegal acts. As written, title tions without a remedy. Mr. LEAHY. Madam President, what II eliminates some critically required We can ensure that any such inno- is the parliamentary situation? accountability. cent victims retain whatever legal The PRESIDING OFFICER. The Sen- Nor is retroactive immunity nec- rights they have under applicable law, ator from Vermont has 20 minutes. essary. Congress has already ensured except that the U.S. Government would Mr. LEAHY. Madam President, the the future cooperation of the tele- be substituted for the telecommuni- Foreign Intelligence Surveillance Act communications providers with the in- cations providers as the defendant in FISA is intended to protect our na- telligence community in the Protect such lawsuits. And it is appropriate tional security. It is also intended to America Act adopted last August. That that the Government be liable rather protect the privacy and civil liberties act authorizes the Attorney General or than the telecommunications pro- of Americans. The law was passed to the Director of National Intelligence to viders, since the disclosures were alleg- protect the rights of Americans after direct telecommunications providers to edly made by the providers in these the excesses of an earlier time. disclose certain information and pro- cases at the request of senior executive We are debating amendments to this vides prospective immunity to tele- branch officials based on appeals to important law. I had hoped the Senate communications providers that cooper- help safeguard U.S. security and assur- would act to improve the bill reported ate with such directives. ances that the providers would be pro- by the Select Committee on Intel- Title I of the bill before us appro- tected from liability regardless of the ligence. It has not. I had hoped the priately continues to provide prospec- requirements of law. Senate would incorporate improve- tive immunity to telecommunications We had a number of opportunities to ments included in the House-passed providers. Title I states: provide equity both to the tele- RESTORE Act and the bill reported by Notwithstanding any other law, no cause communications providers and to any the Senate Judiciary Committee. It of action shall lie in any court against any injured citizens. has not.

VerDate Aug 31 2005 01:14 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.042 S12FEPT1 ccoleman on PRODPC75 with SENATE February 12, 2008 CONGRESSIONAL RECORD — SENATE S899 I had hoped the administration would We all want to protect our security. It would grant blanket retroactive im- work with us. It has not. Instead, hav- We all want the ability to go after munity to telecommunications carriers ing gotten exactly the bill they want, those who would do this country harm. for their warrantless surveillance ac- in the way they want, from the Intel- And we drafted legislation that would tivities from 2001 through earlier this ligence Committee, they have threat- have taken care of the problem they year contrary to FISA and in violation ened a Presidential veto if we improve told us about. of the privacy rights of Americans. this bill in any way or fix its flaws. But just before the August recess, we The administration violated FISA by I had hoped that Republican Senators got a call. Basically, the Director of conducting warrantless surveillance for would work with us as we have worked National Intelligence told us they more than 5 years. They got caught. together to amend FISA dozens of could not keep their word, they could Frankly, if they had not gotten caught, times over the last 30 years and to up- not keep the administration’s word, they would probably still be doing it. date it in more than a dozen ways even and the administration decided to ram When the public found out about the since September 11, 2001. But instead of through its version of the so-called President’s illegal surveillance of working in a bipartisan fashion, as I Protect America Act, with excessive Americans, the administration and have seen before in my 34 years in the grants of Government authority and telephone companies were sued by citi- Senate, in an unprecedented way, Re- without accountability or checks and zens who believed their privacy and publicans voted lockstep to table the balances. They refused to consider any their rights were violated. Judiciary Committee improvements other way. So now the administration is trying and virtually lockstep against every After almost 6 years of breaking the to get this Congress to terminate those individual amendment and improve- law and violating FISA through secret lawsuits. But don’t believe the croco- ment. warrantless wiretapping programs, dile tears of this administration, say- Worse, the Republican leadership has that was wrong. A number of us sup- ing they are doing it to protect these stalled action on the measure for ported a better balanced alternative, telephone companies. This is, after all, weeks. They continue to insist it is and we voted against the Protect the same administration that owed the their way or no way. Sadly, with the America Act as drafted by the adminis- telephone companies millions of dol- acquiescence of even some on this side tration and passed by the Senate. lars in unpaid bills for wiretapping. of the aisle, they have controlled the Ironically, the reason we were even They will not even pay their bills. debate, the bill, and the final result in voting on it is that the press found out No, the reason they want this provi- the Senate. how the administration was breaking sion is to protect those in the adminis- Working together we could have done the law. Even though the administra- tration who broke the law. They don’t so much better. I look forward to work- tion was required by statute to tell want anybody to find out which mem- ing with the House to make improve- leaders in Congress what they were bers of the Department of Justice so ments that are needed to this measure doing, which was a clear violation of thwarted the law in writing before I can support it. the law, they had failed to do that. cockamamie legal opinions that a first- The process has been, in large part, a Fortunately, we still have some rem- year law student would see through. repeat of that which led to the so- nant of a free press in this country and They want to insulate themselves from called Protect America Act last sum- they found it out. accountability. I am not going to sup- mer. That ill-conceived measure was Because of a sunset provision, we had port such an end run around account- rushed through the Senate in an at- a chance to revisit that matter and ability. mosphere of fear and intimidation just correct it. The Judiciary Committees The administration knows these law- before the August recess, and after the and the Intelligence Committees of the suits may be the only way that it is administration had broken their word Senate and the House spent the past ever going to be called to account for and reneged on agreements reached months considering changes to FISA. its flagrant disrespect of the law. In with congressional leaders. The bill In the Senate Judiciary Committee, we running its illegal program of was hurriedly passed under intense par- held open hearings and countless brief- warrantless surveillance, the adminis- tisan pressure from the administration. ings and meetings to consider new sur- tration relied on legal opinions pre- It provided sweeping new powers to the veillance legislation, including classi- pared in secret and shown to only a Government to engage in surveillance, fied meetings. We considered legisla- tiny cabal of like-minded officials. without a warrant, of calls to and from tive language in a number of open busi- This ensured that the administration the United States involving Americans, ness meetings of the committee, and received the advice they wanted. Don’t and it provided no meaningful protec- we reported a good bill to the Senate. tell us what the law is; tell us what we tion for the privacy and civil liberties This was before last Thanksgiving. want the law to be. I used to read my of Americans who were on those calls. Instead of that bill, a good bill, the children ‘‘Alice in Wonderland.’’ Now I I was here when we first passed FISA Senate is poised to pass a bill that will read my grandchildren ‘‘Alice in Won- because we knew what happened when permit the Government to review more derland.’’ This sounds like ‘‘Alice in we had an out-of-control administra- Americans’ communications with little Wonderland.’’ tion. We saw it during the Watergate in the way of meaningful court super- Jack Goldsmith, a conservative Re- years. We saw it with J. Edgar Hoover. vision. publican who came in briefly to head We saw those who wiretapped people I support surveillance targeting for- the Justice Department’s Office of because they didn’t like what they eign threats, but I wanted to make Legal Counsel, described the program said, they disagreed with the adminis- sure we protect those American lib- as a ‘‘legal mess.’’ This administration tration; they actually raised questions erties that, after all, we fought a Revo- does not want a court to have a chance about the Vietnam war. Sometimes it lutionary War to protect and a civil to look at this legal mess, and retro- would help if everybody read a history war and two World Wars and not just active immunity will assure not that book every now and then around here. give it away because some people they are protecting telephone compa- Some seem too willing to give up the around here get cold feet when threat- nies, but that they will cover their own liberties for which we fought. ened by the administration. backsides. They want to protect them- The Senate should have considered Attorney General Mukasey said at selves. and incorporated more meaningful cor- his nomination hearing that ‘‘pro- The rule of law is fundamentally im- rections to the so-called Protect Amer- tecting civil liberties, and people’s con- portant in our system, and so is pro- ica Act. Before that flawed bill passed, fidence that those liberties are protecting the rights of Americans from Senator ROCKEFELLER and I and several tected, is a part of protecting national unlawful surveillance. I do not believe others in the House and Senate had security.’’ I agree with him about that. Congress can or should seek to take worked hard and in good faith with the That is what the Senate judiciary bill those rights and those claims from administration to craft legislation that would have done. those already harmed. As I said, I solved an identified problem but also The administration insists on avoid- worked with Senator SPECTER and both protected Americans’ privacy and lib- ing accountability by including blan- Senators FEINSTEIN and WHITEHOUSE to erties. ket retroactive immunity in their bill. try to craft more effective alternatives

VerDate Aug 31 2005 01:14 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.045 S12FEPT1 ccoleman on PRODPC75 with SENATE S900 CONGRESSIONAL RECORD — SENATE February 12, 2008 to retroactive immunity. We worked rights and those claims from those al- freedom while protecting our national with the legal concept of substitution, ready harmed. Moreover, ending ongo- security. replacing Government in the shoes of ing litigation eliminates the only via- Madam President, I retain the re- private defendants that acted at its be- ble avenue of accountability for the mainder of my time, and I suggest the hest. Let it assume full responsibility Government’s illegal actions. absence of a quorum. for the illegal conduct. Therefore, I say again, I oppose retro- The PRESIDING OFFICER. The Substitution would have protected active immunity. There should be a clerk will call the roll. the telephone companies. It would have measure of accountability for the ad- The bill clerk proceeded to call the placed the administration in their ministration’s actions in the years fol- roll. shoes in the lawsuits. But the truth is lowing 9/11. If it is simply a case of pro- Mr. LEAHY. Madam President, I ask that the administration doesn’t really tecting the telephone companies, then unanimous consent that the order for care about the telephone companies. why don’t we vote for something that the quorum call be rescinded. They are worried only about the Amer- would put the Government in their The PRESIDING OFFICER. Without ican public finding out what they did shoes? Why don’t we? Because that is objection, it is so ordered. illegally, how they violated the laws the last thing in the world this admin- Mr. LEAHY. Madam President, I ask and the Constitution of this country. istration wants because then they unanimous consent that the vote on I also supported Senator FEINSTEIN’s would have to answer to how many dif- passage of S. 2248, as amended, occur at proposal to strengthen the role of the ferent people in the Bush administra- 5:30 p.m. today, notwithstanding rule FISA Court in this regard. The admin- tion broke the law. XII, paragraph 4, and that the time istration and its allies in the Senate I don’t believe anybody is above the specified in the previous order remain defeated both of these viable alter- law. I don’t believe the President is; I in effect, with the time from 5:10 to 5:30 natives to retroactive immunity. The don’t believe a Senator is; I don’t be- equally divided and controlled between administration, by trying to frighten lieve anybody is. Keep in mind, as I the leaders, with the majority leader people, warded off all efforts of com- said earlier, why we have FISA. Con- controlling the final 10 minutes. promise and accommodation. They gress passed that law only after we dis- The PRESIDING OFFICER. Without don’t want to be held accountable, and covered the shameful abuses of J. objection, it is so ordered. they have enough Senators who will Edgar Hoover’s FBI. Through the Mr. LEAHY. Madam President, I protect them so they will not be held COINTEL Program—sometimes called yield back the remainder of my time, accountable—not to the Congress or, COINTELPRO—Director Hoover spied and I suggest the absence of a quorum. more importantly, to the American on Americans who objected and spoke The PRESIDING OFFICER. The people. out against the war in Vietnam. I ob- clerk will call the roll. The Senate was forced to vote on ret- jected and spoke out against the war in The bill clerk proceeded to call the roactive immunity even though not all Vietnam. Many Vermonters opposed roll. Senators had access to the information that war. I wonder how many Mr. ROCKEFELLER. Madam Presi- they needed to make an informed judg- Vermonters were spied on for daring to dent, I ask unanimous consent that the ment about the Government’s and the speak out against it. order for the quorum call be rescinded. phone companies’ conduct. The major- Ironically, Madam President, in April The PRESIDING OFFICER. Without ity leader wrote to the administration of 1975, the United States Senate voted objection, it is so ordered. last year urging such access, and I sup- by a one-vote margin in the Armed AMENDMENT NO. 4018 TO AMENDMENT NO. 3911 ported it. Of course, we got had no re- Services Committee to stop the war in Mr. ROCKEFELLER. Madam Presi- sponse. The administration ignored the Vietnam. A year later, it was hard to dent, I ask unanimous consent that the request. After all, if we knew what we find anybody in this body who had sup- amendment at the desk making tech- were doing around here, we might actu- ported it, although obviously an awful nical and conforming changes to the ally make them stand up and be re- lot of Senators had. bill be in order, notwithstanding the sponsible for their actions, which is the Well, I wonder if we are going to look adoption of the substitute amendment, last thing in the world they want. It is back that same way someday and ask: and that the amendment be adopted. clear they do not want to allow Sen- were we so frightened by 9/11 that we This consent request has been approved ators or anyone else to evaluate their were willing to throw away everything by both leaders. lawlessness. Their rule is no account- this country fought for, everything The PRESIDING OFFICER. Is there ability. Whether it is Scooter Libby or that has made this country great objection? anyone else, no accountability. We will through our history? Without objection, it is so ordered. protect those who break the law on our We can protect Americans’ rights. We The amendment (No. 4018) was agreed behalf. can protect those things our fore- to, as follows: I have drawn very different conclu- fathers fought a revolution to obtain, (Purpose: To make technical corrections) sions from Senator ROCKEFELLER about that we fought a civil war to protect, retroactive immunity. I agree with that we fought two world wars to ce- On page 7, beginning on line 14, strike ‘‘, consistent with the requirements of section Senator SPECTER and many others that ment. We can protect ourselves. But we 101(h) or section 301(4), minimization proce- blanket retroactive immunity, which cannot protect ourselves if we do not dures’’ and insert ‘‘minimization procedures would end ongoing lawsuits by legisla- protect our rights. Are we going to that meet the definition of minimization tive fiat, undermines accountability. throw our rights away because of a procedures under section 101(h) or section Senator SPECTER has been working group of terrorists? This Senator is not 301(4)’’. diligently, first as chairman of the Ju- going to. On page 8, line 13, strike ‘‘168 hours’’ and diciary Committee and now as ranking Let us show the American people and insert ‘‘7 days’’. member, to obtain judicial review of the world what America stands for. We On page 26, beginning on line 22, strike the legality of warrantless wiretapping can and will do all we can to secure the ‘‘consistent with the requirements of section 101(h) or section 301(4)’’ and insert ‘‘that of Americans from 2001 until last year. future for ourselves, our children, and meet the definition of minimization proce- The checks and balances the judiciary our grandchildren. At the same time, dures under section 101(h) or section 301(4)’’. provides in our constitutional democ- we can protect the cherished rights and On page 32, line 3, strike ‘‘subsection (2)’’ racy has an important role to play. freedoms that define America and and insert ‘‘subsection (b)’’. Every one of us, if we follow our oath make this country different from all On page 35, line 6, strike ‘‘obtained;’’ and of office, should want to protect that. others. Those are the rights and free- insert ‘‘obtained,’’. Judicial review can and should provide doms that protected past generations On page 35, line 18, strike ‘‘168 hours’’ and a measure of accountability. and allow us to have an American fu- insert ‘‘7 days’’. I believe protecting the rule of law is On page 35, line 24, strike ‘‘subsection’’ and ture. If we do not protect them, what insert ‘‘section’’. important, and I believe in protecting will we leave to our children and On page 36, line 6, strike ‘‘168 hours’’ and the rights of Americans from unlawful grandchildren? insert ‘‘7 days’’. surveillance. I do not believe the Con- Let us stand up for American values. On page 36, line 16, strike ‘‘168-hour’’ and gress can or should seek to take those Let us not be afraid to preserve our insert ‘‘7-day’’.

VerDate Aug 31 2005 02:50 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.047 S12FEPT1 ccoleman on PRODPC75 with SENATE February 12, 2008 CONGRESSIONAL RECORD — SENATE S901 On page 40, beginning on line 16, strike approval for collection on United Vice Chairman BOND has been dogged ‘‘consistent with the requirements of section States persons outside of the United in his efforts to move this whole thing 101(h) or section 301(4)’’ and insert ‘‘that States in circumstances that would re- forward. He is formidable in his pursuit meet the definition of minimization proce- quire a warrant if undertaken within of intelligence and his insistence it be dures under section 101(h) or section 301(4)’’. On page 44, line 15, strike ‘‘clause’’ and in- the United States. This has never be- made available to the committee and sert ‘‘subparagraph’’. fore existed. It now exists in the FISA to the appropriate committees; and he On page 45, line 15, strike ‘‘obtained;’’ and law, if we do, in fact, pass it. is flexible in his willingness to find insert ‘‘obtained,’’. We have increased the role of the compromises to keep our bipartisan co- On page 46, line 2, strike ‘‘168 hours’’ and FISA Court in other significant ways, alition together. insert ‘‘7 days’’. On page 46, line 8, strike ‘‘subsection’’ and starting with the new requirement that I hope this bill does pass. I think it is insert ‘‘section’’. the FISA Court approve the minimiza- landmark legislation. I don’t think all On page 46, lines 14 and 15, strike ‘‘168 tion procedures that are essential to will see it that way at the very begin- hours’’ and insert ‘‘7 days’’. the treatment of information con- ning, and that is OK because what we On page 46, line 24, strike ‘‘168-hour’’ and cerning Americans authorized under do is not so much of the moment but insert ‘‘7-day’’. this act. And thanks to Senator for the longer term. So there may be On page 48, beginning on line 13, strike ‘‘orders under section 704(b) or section WHITEHOUSE’s amendment adopted this disagreements on immunity. But, on 705(b)’’ and insert ‘‘orders under section morning, we have clarified that the the other hand, there can be no dis- 704(c) or section 705(c)’’. FISA Court has inherent authority to agreements on the national security of On page 54, beginning on line 22, strike enforce compliance with the proce- the United States. Immunity has been ‘‘during the period such directive was in ef- dures that it, and it alone, can approve. narrowly tailored. A lot of people don’t fect’’ and insert ‘‘for information, facilities, We also adopted new requirements to know that, or maybe made up their or assistance provided during the period such give Congress visibility into how the minds at the beginning, but, whatever, directive was or is in effect’’. On page 60, line 4, strike ‘‘reasonably’’. new collection authority is being im- we did what we thought was the right On page 60, line 5, strike ‘‘determines’’ and plemented, from the Feingold amend- thing to do. insert ‘‘reasonably determines’’. ment on FISA Court documents, to the One of the great things about being On page 60, line 10, strike ‘‘determines’’ new requirements for reporting by the in this body is no matter what people and insert ‘‘reasonably determines’’. Attorney General and the Director of say and what people think, if you do On page 60, lines 20 and 21, strike ‘‘168 National Intelligence. what you think is right, you are serv- hours’’ and insert ‘‘7 days’’. On page 61, line 7, strike ‘‘168 hours’’ and Just as we have worked on a bipar- ing your country. insert ‘‘7 days’’. tisan basis here in the Senate in order I thank the Presiding Officer and On page 65, line 6, strike ‘‘168 hours’’ and to achieve the strongest possible bill, I yield the floor. insert ‘‘7 days’’. believe now is the time to work with I suggest the absence of a quorum. On page 65, lines 16 and 17, strike ‘‘168 our colleagues in the House of Rep- The PRESIDING OFFICER. The hours’’ and insert ‘‘7 days’’. resentatives to achieve a true bipar- clerk will call the roll. On page 67, line 2, strike ‘‘168 hours’’ and The bill clerk proceeded to call the insert ‘‘7 days’’. tisan, bicameral bill. I look forward to On page 67, line 4, strike ‘‘168 hours’’ and that dialog with our House colleagues. roll. insert ‘‘7 days’’. I would note there are additional Mr. MCCONNELL. Madam President, Mr. ROCKEFELLER. Madam Presi- measures I support which may make I ask unanimous consent that the order dent, after a long debate, we are, in this legislation even stronger. Among for the quorum call be rescinded. fact, ready to, hopefully, pass the FISA these would be the exclusivity amend- The PRESIDING OFFICER. Without bill. This has been an extremely impor- ment of Senator FEINSTEIN that re- objection, it is so ordered. tant debate over important issues crit- ceived a strong bipartisan majority Mr. MCCONNELL. Madam President, ical to the Nation’s security. vote this morning. I think it was 57 are we now in my designated time? As I discussed at the beginning of the votes. I commend her for all of her The PRESIDING OFFICER. We are. debate, the guiding principle in bring- work she has done on this critical issue Mr. MCCONNELL. Madam President, ing this bill to the Senate floor was to and on other parts of the bill, and I will earlier today the Senate voted to in- modernize our ability to collect com- fight like heck for her in the con- voke cloture on the bipartisan Rocke- munications intelligence against for- ference committee, if we are to have feller-Bond bill. It was not a close vote. eign targets without compromising the one. We will continue to work with her Rather, it was a strong bipartisan show constitutional and statutory privacy and with Vice Chairman BOND to see if of support for this important piece of protections afforded to all Americans. there is any way to bridge the dif- legislation. The Protect America Act expires at In my mind, we have achieved this ferences in the bipartisan manner that the end of this week. That is Saturday, goal. has dominated our negotiations February 16. Vice Chairman BOND and I worked throughout this procedure. very hard in the Intelligence Com- In closing, it would not have been Twenty-one House Democrats have mittee to produce a balanced and bi- possible to have reached this point written to Speaker PELOSI saying they partisan bill. One can say whatever one without the hard work of the staff of ‘‘fully support’’ the Rockefeller-Bond wants, but 13 to 2 is 13 to 2. I think we the Intelligence and Judiciary Com- bill if it is not changed substantially— can be proud of the improvements we mittees, as well as the leadership staff. and it was not changed—and they urge have made to the bill each step of the From the Intelligence Committee, I her, the Speaker, to ‘‘quickly consider’’ way since last September. But, in fact, thank Andy Johnson; Louis Tucker; the bill in order ‘‘to get a bill signed it goes all the way back almost a year. Melvin Dubee; Michael Davidson; Jack into law before the Protect America In the end, the bill we are about to Livingston; Christine Healey; Alissa Act expires in February.’’ I have a copy of the letter signed by pass, I hope, strengthens our national Starzak; and Kathleen Rice. I also 21 Democrats, so-called Blue Dog security and represents a very signifi- thank Mary DeRosa, Nick Rossi, Democrats, in the House. I ask unani- cant improvement over the Protect Zulima Espinel, and Matt Solomon of mous consent that it be printed in the America Act that passed last summer. the Judiciary Committee; and Ron Let me mention a few of the provi- Weich, Serena Hoy, and Marcel Lettre RECORD. sions we have included in the bill for of the majority leader’s staff. There being no objection, the mate- protecting the rights of Americans Finally, I must recognize the stead- rial was ordered to be printed in the here in the United States and overseas. fast support and work of the commit- RECORD, as follows: We require an individual FISA order tee’s vice chairman, Senator BOND. The CONGRESS OF THE UNITED STATES, for the targeting of U.S. persons be- work of the Intelligence Committee is Washington, DC, January 28, 2008. not easy. When it comes on the floor, it DEAR MADAM SPEAKER: Legislation reform- lieved to be located outside the United ing the Foreign Intelligence Surveillance States any time the collection is con- is more difficult because there is a cer- Act (FISA) is currently being considered by ducted inside the United States. tain kind of exclusivity which is not the Senate. Following the Senate’s passage We have also put in place for the first appreciated by some Members but is of a FISA bill, it will be necessary for the time a procedure requiring FISA Court the way it works. House to quickly consider FISA legislation

VerDate Aug 31 2005 02:50 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.026 S12FEPT1 ccoleman on PRODPC75 with SENATE S902 CONGRESSIONAL RECORD — SENATE February 12, 2008 to get a bill to the President before the Pro- we can get a second bipartisan accom- cility, we did pass it on a 13-to-2 vote. tect America Act expires in February. plishment to the President in as many We concluded that those electronic It is our belief that such legislation should weeks. Tomorrow, he will sign the include the following provisions: Require in- communication service providers that dividualized warrants for surveillance of U.S. stimulus package—an important bipar- assisted with the President’s TSP citizens living or traveling abroad; Clarify tisan accomplishment. Later in the acted in good faith and deserve civil li- that no court order is required to conduct week, he could conceivably be in a po- ability protection from frivolous law- surveillance of foreign-to-foreign commu- sition to sign this important piece of suits. As indicated by the chairman, nications that are routed through the United bipartisan legislation. this bill goes further than any legisla- States; Provide enhanced oversight by Con- I encourage my colleagues in the gress of surveillance laws and procedures; tion in history in protecting the pri- House and the Senate to redouble their vacy of U.S. persons, mostly Ameri- Compel compliance by private sector part- efforts toward this end. That would cans, whose communications may be ners; Review by FISA Court of minimization show the American people that Con- procedures; Targeted immunity for carriers acquired incidentally to this foreign gress can indeed function on a bipar- that participated in anti-terrorism surveil- targeting. For the first time in history, tisan basis on important issues before lance programs. it requires the FISA Court to approve The Rockefeller-Bond FISA legislation the country. contains satisfactory language addressing all I am among those proud of the fine targeting of U.S. persons, American these issues and we would fully support that work done by Senator ROCKEFELLER citizens, overseas to obtain foreign in- measure should it reach the House floor and Senator BOND. This is a terrific, telligence information. without substantial change. We believe these important piece of legislation. I know This bill was a series of delicate com- components will ensure a strong national se- it will pass the Senate shortly, over- curity apparatus that can thwart terrorism promises. Both sides had to give. Many across the globe and save American lives whelmingly. of us would have preferred to have all here in our country. I yield the floor. litigation related to the TSP termi- It is also critical that we update the FISA I suggest the absence of a quorum. The PRESIDING OFFICER. The nated as the DNI originally requested. laws in a timely manner. To pass a long- Again, we agreed, for reasons set forth term extension of the Protect America Act, clerk will call the roll. as some may suggest, would leave in place a The legislative clerk proceeded to on the floor, that cases against Govern- limited, stopgap measure that does not fully call the roll. ment officials—and all criminal cases— address critical surveillance issues. We have Mr. BOND. Madam President, I ask could go forward. it within our ability to replace the expiring unanimous consent that the order for Others believed the FISA Court Protect America Act by passing strong, bi- the quorum call be rescinded. should not approve targeting of Ameri- partisan FISA modernization legislation The PRESIDING OFFICER. Without that can be signed into law and we should do cans abroad, particularly when these objection, it is so ordered. same protections are not afforded in so—the consequences of not passing such a Mr. BOND. Madam President, is measure could place our national security at there time remaining on this side prior ordinary criminal cases. In the spirit of undue risk. compromise, we created a process that Sincerely, to the vote? The PRESIDING OFFICER. Four and allows sufficient flexibility while ad- Leonard L. Boswell, ———, Mike Ross, dressing privacy concerns. Bud Cramer, Heath Shuler, Allen Boyd, a half minutes remain. Dan Boren, Jim Matheson, Lincoln Mr. BOND. Madam President, with In the end, I am proud to say we have Davis, Tim Holden, Dennis Moore, Earl the sufferance of the minority leader, I accomplished our collective goals of Pomeroy, Melissa L. Bean, John Bar- thank my colleagues, especially Sen- making sure we have a bill with clear row, Joe Baca, John Tanner, Jim Coo- ator ROCKEFELLER, and all those who authorities for foreign targeting, with per, Zachary T. Space, Brad Ellsworth, worked with us. We have had to make strong protections for Americans, and Charlie Melancon, Christopher P. Car- a number of very tough votes. We made ney. with civil liability protection for those some good changes in the bill. I thank, providers who may have assisted with Mr. MCCONNELL. Madam President, particularly, Senators WYDEN, FEIN- the President’s terrorist surveillance it is clear that not only does the STEIN, and WHITEHOUSE for working program. Rockefeller-Bond bill enjoy bipartisan with us to achieve their objectives in a majority support in the Senate, it also way that would allow the program to We have heard debate over the past enjoys bipartisan majority support in continue. several weeks on a number of amend- the House. It is a tribute to the fine Approximately 10 months ago, the ments that I believe would have proved work of the Senator from West Vir- DNI, Admiral McConnell, came to Con- harmful to our intelligence collection ginia, Mr. ROCKEFELLER, and the Sen- gress and asked that we update FISA. efforts. Some would have shut down, or ator from Missouri, Mr. BOND, in pull- Changes in technology had resulted in severely impeded, intelligence collec- ing this complex piece of legislation to- the FISA Court rulings or interpretation against foreign terrorists. That is gether and getting extraordinary sup- tions that impeded the effective use of one of the reasons we worked so closely port across the aisle. electronic surveillance against terror- with the intelligence community to as- This bill protects the country. It is a ists overseas. certain what could be done to increase bill that will be signed by the Presi- This problem came to a head in May protections without harming their dent of the United States, so we are 2007, when there was a FISA Court rul- ability to collect. making a law here. We need to focus on ing causing significant gaps in our in- We now have a solid bill. The DNI completing action on this legislation telligence collection against foreign and get it to the President before the terrorists. Throughout the summer of will support it and the President can Protect America Act expires. 2007 and amid growing concern of in- sign it into law. I urge my colleagues As to further delays: Back in August, creased threats to our security in light to send this bill to the House with a our Democratic colleagues said an ad- of these gaps, Congress was asked by strong bipartisan vote. It gives our in- ditional 6 months was needed to get the DNI to act. And Congress, in Au- telligence operators and law enforce- this right. In the fall, they said: We gust, passed the Protect America Act, ment officials the tools they need to need a little more time. Last month, a short-term fix that did what it was conduct surveillance of foreign terror- they said: Give us another 15 days and supposed to do. It was lacking in one ists in foreign countries who are plan- we can wrap it up. At this point, no important aspect; it did not provide ning to conduct attacks against the Member of this body can reasonably civil liability protection to those pri- U.S., our troops, and our allies. It is a state this piece of legislation was hast- vate partners who assisted the intel- balance we need to protect our civil ily or unfairly considered. It has been ligence community. liberties, without handcuffing our in- the product of 6 months’ work, intense Following passage of the PAA, Chair- telligence professionals. work on behalf of Senator ROCKE- man ROCKEFELLER and I immediately I hope we can do the right thing and FELLER and Senator BOND. set to work to come up with a bipar- pass the bill. I thank all our colleagues We do not need yet another exten- tisan permanent solution. We worked who helped. sion, yet another delay. We need to closely with the intelligence commu- focus on getting our work done. I am nity. I yield the floor. confident that with the help of our In the end, after many hearings, The PRESIDING OFFICER. The ma- friends on the other side of the aisle, briefings, debate, and visits to the fa- jority leader is recognized.

VerDate Aug 31 2005 02:50 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.038 S12FEPT1 ccoleman on PRODPC75 with SENATE February 12, 2008 CONGRESSIONAL RECORD — SENATE S903 Mr. REID. Madam President, I want he was told by the White House staff he lose, their voices were heard and their the RECORD to reflect that any of my was above the law, he didn’t have to efforts made a difference. remarks where I disagree with the bill follow the law we passed. If the Senate votes for final passage before the Senate in no way reflects The President could have taken the of FISA today, which I suspect will be upon the chairman of the committee. I simple step at any time of requesting the case, we must decide what comes have known JAY ROCKEFELLER for sev- new authority from Congress. All he next. The mere fact that we pass some- eral decades, and I have not known a would have had to do was come talk to thing today, and the House passed better public servant than JAY. JAY us. We would have been willing to lis- something previously, doesn’t mean we ROCKEFELLER got into Government for ten to him and, very likely, would have have anything to send to the President. the right reasons. We know that the done anything he wanted to do. After Two weeks ago, in the runup to the Rockefeller name is magic, that he all, Congress has repeatedly amended State of the Union Address—and we could have led a life of leisure, doing FISA because of new technology and have heard it time and again—the many different things. But he chose legitimate needs in the intelligence President and Vice President and Sen- public service. He went to West Vir- community. ate Republicans believed it was urgent ginia doing work as a VISTA volun- But whether out of convenience, in- to pass the FISA bill, that it is critical teer. He fell in love with the people— competence, or outright disdain for the to our national security. But then, the poor people—of West Virginia and rule of law, the Bush-Cheney adminis- Senate Republicans spent most of the has worked since then to improve the tration chose to ignore Congress and time since then refusing to allow any lives of the people of West Virginia. He ignore the Constitution. votes on FISA amendments, slow-walk- has done a wonderful job there, serving The White House should bear respon- ing the bill as part of a strategy to jam as the secretary of state, Governor, and sibility for this reckless disdain for the the House. That is what happened. I now as a long-time Senator. rule of law. have to suggest that they deserve a pin There are certain things in this legis- It also appears that many companies on their lapel because they set out and lation that I disagree with. But I re- followed the administration’s orders did what they wanted to do—stall this peat, as a public servant, there is not without regard to the law or privacy, as long as they could. one better—or I doubt that there ever or even basic common sense. I always A week and a half ago, as the Feb- has been anyone better than JAY will support giving our intelligence ruary 1 sunset to the Protect America ROCKEFELLER. He has devoted his Sen- community the tools it needs to collect Act approached, we passed a 15-day ex- ate life in service to the Intelligence intelligence on terrorists and other for- tension. This would have allowed 2 Committee. He devotes night and day eign targets. We have to do that. weeks to negotiate with the House, not only working in the Committee We always have and always will need which would have been rushed, but we room where there is no exposure to the to help in the private sector to protect could have at least had meaningful public—he gets no publicity for doing our country. That is clear. When com- meetings. Those will not take place. this. He does it because he believes it is panies comply with legal and constitu- Unfortunately, the White House has the right thing for the country. Of tional directives to support intel- been convinced that if they dragged course, I receive calls from him well ligence and law enforcement activities, this process out long enough, there after hours on concerns he has in deal- they have no reason to fear. But the re- would not be enough time to negotiate ing with foreign intelligence generally. quirement and obligation they have for a bill with the House. The White House I already voted against it on the protecting the rights of American citi- is convinced they can force the House FISA legislation, and I will vote ‘‘no’’ zens and the Constitution and FISA are to pass exactly the bill they want. I be- on final passage of the bill. perfectly clear, very clear. lieve it is wrong for the White House to The Senate’s debate on FISA has According to the press reports, at do this, and I believe it is unfair to the made the Intelligence Committee’s bill least one company—Qwest Communica- House of Representatives. better—no question about that—by tions Company—refused the White Due to months of White House foot- adding a number of protections from House request to participate in this dragging, the relevant House commit- the Judiciary Committee’s version. program. The others had an oppor- tees have only just gotten the docu- The Senate adopted amendments of- tunity to do the same. As far as we ments relating to immunity. They need fered by Senators KENNEDY, know, they chose not to. They didn’t some time to review and analyze that. WHITEHOUSE, and FEINGOLD to improve follow the example of Qwest. We must not let this critical issue be title I of the bill. This concerns the If the Senate had voted today to re- resolved by the White House trying to procedures we use to conduct this kind ject amnesty, we would have sent a force the House to do something they of surveillance in the future. That is an message that no one is above account- didn’t want to do, such as happened improvement. But the Senate rejected ability and no one is above the law. If last August. amendments to strike and modify var- we had rejected amnesty, we would I plan to ask, after this legislation ious parts of title I, to improve title I, have sent a message that fighting ter- passes today, unanimous consent for an and rejected all amendments to strike rorism doesn’t require the sacrifice of extension in order to allow sufficient or modify title II concerning immunity basic fundamental rights. time for negotiation with the House. for telecommunications companies I was disappointed that the Senate My friend, the distinguished Repub- that may have broken the law by abid- rejected amendments opposing immu- lican leader, has already said there will ing the White House’s requests for nity. Even though their efforts were be no extensions given. I hope that is warrantless wiretaps on American citi- unsuccessful, all Americans owe a debt not the case, and with this extra time, zens. of gratitude to two outstanding and the conference committee can make I believe the White House and any principled Senators, Senators FEIN- further improvements to this critical companies that broke the law must be GOLD and DODD. I don’t mean in any bill. held accountable. way to suggest that people who dis- Why do we need to improve the bill? In their unyielding effort to expand agree with them are not outstanding or Richard Clarke, a national security Presidential powers, President Bush are unprincipled. That isn’t the case. adviser to Presidents Reagan, Bush Sr., and Vice President CHENEY created a There is a basic disagreement. I felt I and President Clinton, said it well in system to conduct wiretapping—in- needed to applaud and commend these an op-ed: cluding on American citizens—outside two men for how hard they worked in FISA has and still works as the most valu- the bounds of longstanding Federal making their point. I believe they able mechanism for monitoring our enemies. law. stood up to the administration, which In order to defeat the violent Islamic ex- As I have said before—and books certainly needs standing up to. They tremists who do not believe in human rights, have been written on it—the President, stood up for accountability. we need not give up the civil liberties, con- as soon as we passed the first PATRIOT Despite today’s votes, there is no stitutional rights and protections that gen- Act, after he joined with us in cele- doubt in my mind that history will erations of Americans fought to achieve. brating it, he basically ignored it and prove they were right. Millions of The Bush-Cheney White House con- did whatever he wanted to do because Americans joined this effort. Win or tinues to sell us a false choice between

VerDate Aug 31 2005 02:50 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.053 S12FEPT1 ccoleman on PRODPC75 with SENATE S904 CONGRESSIONAL RECORD — SENATE February 12, 2008 security and liberty. I reject that 2248, as amended, is inserted in lieu to encompass surveillance that is targeted in ac- choice. thereof; the bill, as amended, is consid- cordance with this title at a person reasonably This is America and we are Ameri- ered read the third time and passed, believed to be located outside the United States. cans. We can and must have both lib- the motion to reconsider made and laid ‘‘SEC. 702. DEFINITIONS. ‘‘(a) IN GENERAL.—The terms ‘agent of a for- erty and security. upon the table, and passage of S. 2248 eign power’, ‘Attorney General’, ‘contents’, It is my understanding we are ready vitiated and that bill be returned to ‘electronic surveillance’, ‘foreign intelligence in- to vote on final passage. the calendar. formation’, ‘foreign power’, ‘minimization proce- The PRESIDING OFFICER. The The bill (H.R. 3773), as amended, was dures’, ‘person’, ‘United States’, and ‘United question is on passage of S. 2248, as passed, as follows: States person’ shall have the meanings given amended. H.R. 3773 such terms in section 101, except as specifically provided in this title. Mr. BOND. I ask for the yeas and Resolved, That the bill from the House of nays. ‘‘(b) ADDITIONAL DEFINITIONS.— Representatives (H.R. 3773) entitled ‘‘An Act ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMIT- The PRESIDING OFFICER. Is there a to amend the Foreign Intelligence Surveil- TEES.—The term ‘congressional intelligence com- second? lance Act of 1978 to establish a procedure for mittees’ means— There appears to be a sufficient sec- authorizing certain acquisitions of foreign ‘‘(A) the Select Committee on Intelligence of ond. intelligence, and for other purposes.’’, do the Senate; and The clerk will call the roll. pass with the following amendment: ‘‘(B) the Permanent Select Committee on In- Strike out all after the enacting clause and telligence of the House of Representatives. The legislative clerk called the roll. insert: ‘‘(2) FOREIGN INTELLIGENCE SURVEILLANCE Mr. DURBIN. I announce that the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. COURT; COURT.—The terms ‘Foreign Intelligence Senator from New York (Mrs. CLINTON) (a) SHORT TITLE.—This Act may be cited as Surveillance Court’ and ‘Court’ mean the court and the Senator from Illinois (Mr. the ‘‘Foreign Intelligence Surveillance Act of established by section 103(a). OBAMA) are necessarily absent. 1978 Amendments Act of 2008’’ or the ‘‘FISA ‘‘(3) FOREIGN INTELLIGENCE SURVEILLANCE Mr. KYL. The following Senator is Amendments Act of 2008’’. COURT OF REVIEW; COURT OF REVIEW.—The necessarily absent: the Senator from (b) TABLE OF CONTENTS.—The table of con- terms ‘Foreign Intelligence Surveillance Court of tents for this Act is as follows: Review’ and ‘Court of Review’ mean the court South Carolina (Mr. GRAHAM). established by section 103(b). Sec. 1. Short title; table of contents. Further, if present and voting, the ‘‘(4) ELECTRONIC COMMUNICATION SERVICE Senator from South Carolina (Mr. TITLE I—FOREIGN INTELLIGENCE PROVIDER.—The term ‘electronic communication GRAHAM) would have voted ‘‘yea.’’ SURVEILLANCE service provider’ means— The result was announced—yeas 68, Sec. 101. Additional procedures regarding cer- ‘‘(A) a telecommunications carrier, as that nays 29, as follows: tain persons outside the United term is defined in section 3 of the Communica- States. tions Act of 1934 (47 U.S.C. 153); [Rollcall Vote No. 20 Leg.] Sec. 102. Statement of exclusive means by which ‘‘(B) a provider of electronic communication YEAS—68 electronic surveillance and inter- service, as that term is defined in section 2510 of Alexander Dole Mikulski ception of domestic communica- title 18, United States Code; Allard Domenici Murkowski tions may be conducted. ‘‘(C) a provider of a remote computing service, Barrasso Ensign Nelson (FL) Sec. 103. Submittal to Congress of certain court as that term is defined in section 2711 of title 18, Baucus Enzi Nelson (NE) orders under the Foreign Intel- United States Code; Bayh Grassley Pryor ligence Surveillance Act of 1978. ‘‘(D) any other communication service pro- Bennett Gregg Roberts vider who has access to wire or electronic com- Bond Hagel Sec. 104. Applications for court orders. Rockefeller Sec. 105. Issuance of an order. munications either as such communications are Brownback Hatch Salazar Bunning Hutchison Sec. 106. Use of information. transmitted or as such communications are Sessions Burr Inhofe stored; or Shelby Sec. 107. Amendments for physical searches. Carper Inouye ‘‘(E) an officer, employee, or agent of an enti- Smith Sec. 108. Amendments for emergency pen reg- Casey Isakson isters and trap and trace devices. ty described in subparagraph (A), (B), (C), or Chambliss Johnson Snowe (D). Specter Sec. 109. Foreign Intelligence Surveillance Coburn Kohl ‘‘(5) ELEMENT OF THE INTELLIGENCE COMMU- Stevens Court. Cochran Kyl NITY.—The term ‘element of the intelligence Coleman Landrieu Sununu Sec. 110. Weapons of mass destruction. Thune Sec. 111. Technical and conforming amend- community’ means an element of the intelligence Collins Lieberman community specified in or designated under sec- Conrad Lincoln Vitter ments. Voinovich tion 3(4) of the National Security Act of 1947 (50 Corker Lugar TITLE II—PROTECTIONS FOR ELECTRONIC Cornyn Martinez Warner U.S.C. 401a(4)). COMMUNICATION SERVICE PROVIDERS Craig McCain Webb ‘‘SEC. 703. PROCEDURES FOR TARGETING CER- Crapo McCaskill Whitehouse Sec. 201. Definitions. TAIN PERSONS OUTSIDE THE DeMint McConnell Wicker Sec. 202. Limitations on civil actions for elec- UNITED STATES OTHER THAN UNITED STATES PERSONS. NAYS—29 tronic communication service providers. ‘‘(a) AUTHORIZATION.—Notwithstanding any Akaka Durbin Menendez Sec. 203. Procedures for implementing statutory other law, the Attorney General and the Direc- Biden Feingold Murray defenses under the Foreign Intel- tor of National Intelligence may authorize joint- Bingaman Feinstein Reed ly, for periods of up to 1 year, the targeting of Boxer Harkin ligence Surveillance Act of 1978. Reid persons reasonably believed to be located outside Brown Kennedy Sanders Sec. 204. Preemption of State investigations. the United States to acquire foreign intelligence Byrd Kerry Schumer Sec. 205. Technical amendments. information. Cantwell Klobuchar Stabenow TITLE III—OTHER PROVISIONS Cardin Lautenberg Tester ‘‘(b) LIMITATIONS.—An acquisition authorized Dodd Leahy Sec. 301. Severability. Wyden under subsection (a)— Dorgan Levin Sec. 302. Effective date; repeal; transition pro- ‘‘(1) may not intentionally target any person cedures. NOT VOTING—3 known at the time of acquisition to be located in TITLE I—FOREIGN INTELLIGENCE the United States; Clinton Graham Obama SURVEILLANCE ‘‘(2) may not intentionally target a person reasonably believed to be located outside the The bill (S. 2248), as amended, was SEC. 101. ADDITIONAL PROCEDURES REGARDING passed. CERTAIN PERSONS OUTSIDE THE United States if the purpose of such acquisition The PRESIDING OFFICER. Under UNITED STATES. is to target a particular, known person reason- the previous order, the Senate will pro- (a) IN GENERAL.—The Foreign Intelligence ably believed to be in the United States, except Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) in accordance with title I or title III; ceed to the consideration of H.R. 3773, ‘‘(3) may not intentionally target a United which the clerk will report. is amended— (1) by striking title VII; and States person reasonably believed to be located The legislative clerk read as follows: (2) by adding after title VI the following new outside the United States, except in accordance A bill (H.R. 3773) to amend the Foreign In- title: with sections 704, 705, or 706; ‘‘(4) shall not intentionally acquire any com- telligence Surveillance Act of 1978 to estab- ‘‘TITLE VII—ADDITIONAL PROCEDURES lish a procedure for authorizing certain ac- munication as to which the sender and all in- REGARDING CERTAIN PERSONS OUT- tended recipients are known at the time of the quisitions of foreign intelligence, and for SIDE THE UNITED STATES other purposes. acquisition to be located in the United States; ‘‘SEC. 701. LIMITATION ON DEFINITION OF ELEC- and The PRESIDING OFFICER. Under TRONIC SURVEILLANCE. ‘‘(5) shall be conducted in a manner consistent the previous order, all after the enact- ‘‘Nothing in the definition of electronic sur- with the fourth amendment to the Constitution ing clause is stricken and the text of S. veillance under section 101(f) shall be construed of the United States.

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‘‘(c) CONDUCT OF ACQUISITION.—An acquisi- ‘‘(iv) a significant purpose of the acquisition ‘‘(C) STANDARDS FOR REVIEW.—A judge con- tion authorized under subsection (a) may be is to obtain foreign intelligence information; sidering a petition to modify or set aside a direc- conducted only in accordance with— ‘‘(v) the minimization procedures to be used tive may grant such petition only if the judge ‘‘(1) a certification made by the Attorney Gen- with respect to such acquisition— finds that the directive does not meet the re- eral and the Director of National Intelligence ‘‘(I) meet the definition of minimization proce- quirements of this section, or is otherwise un- pursuant to subsection (f); and dures under section 101(h) or section 301(4); and lawful. ‘‘(2) the targeting and minimization proce- ‘‘(II) have been approved by, or will be sub- ‘‘(D) PROCEDURES FOR INITIAL REVIEW.—A dures required pursuant to subsections (d) and mitted in not more than 5 days for approval by, judge shall conduct an initial review not later (e). the Foreign Intelligence Surveillance Court pur- than 5 days after being assigned a petition de- ‘‘(d) TARGETING PROCEDURES.— suant to subsection (h); scribed in subparagraph (C). If the judge deter- ‘‘(1) REQUIREMENT TO ADOPT.—The Attorney ‘‘(vi) the acquisition involves obtaining the mines that the petition consists of claims, de- General, in consultation with the Director of foreign intelligence information from or with the fenses, or other legal contentions that are not National Intelligence, shall adopt targeting pro- assistance of an electronic communication serv- warranted by existing law or by a nonfrivolous cedures that are reasonably designed to ensure ice provider; and argument for extending, modifying, or reversing that any acquisition authorized under sub- ‘‘(vii) the acquisition does not constitute elec- existing law or for establishing new law, the section (a) is limited to targeting persons reason- tronic surveillance, as limited by section 701; judge shall immediately deny the petition and ably believed to be located outside the United and affirm the directive or any part of the directive States and does not result in the intentional ac- ‘‘(B) be supported, as appropriate, by the affi- that is the subject of the petition and order the quisition of any communication as to which the davit of any appropriate official in the area of recipient to comply with the directive or any sender and all intended recipients are known at national security who is— part of it. Upon making such a determination or the time of the acquisition to be located in the ‘‘(i) appointed by the President, by and with promptly thereafter, the judge shall provide a United States. the consent of the Senate; or written statement for the record of the reasons ‘‘(ii) the head of any element of the intel- ‘‘(2) JUDICIAL REVIEW.—The procedures re- for a determination under this subparagraph. ligence community. ferred to in paragraph (1) shall be subject to ju- ‘‘(E) PROCEDURES FOR PLENARY REVIEW.—If a ‘‘(3) LIMITATION.—A certification made under dicial review pursuant to subsection (h). judge determines that a petition described in this subsection is not required to identify the ‘‘(e) MINIMIZATION PROCEDURES.— subparagraph (C) requires plenary review, the specific facilities, places, premises, or property ‘‘(1) REQUIREMENT TO ADOPT.—The Attorney judge shall affirm, modify, or set aside the direc- General, in consultation with the Director of at which the acquisition authorized under sub- tive that is the subject of that petition not later National Intelligence, shall adopt minimization section (a) will be directed or conducted. than 30 days after being assigned the petition, ‘‘(4) SUBMISSION TO THE COURT.—The Attor- procedures that meet the definition of minimiza- unless the judge, by order for reasons stated, ex- ney General shall transmit a copy of a certifi- tion procedures under section 101(h) or section tends that time as necessary to comport with the cation made under this subsection, and any 301(4) for acquisitions authorized under sub- due process clause of the fifth amendment to the supporting affidavit, under seal to the Foreign section (a). Constitution of the United States. Unless the Intelligence Surveillance Court as soon as pos- ‘‘(2) JUDICIAL REVIEW.—The minimization pro- judge sets aside the directive, the judge shall im- sible, but in no event more than 5 days after cedures required by this subsection shall be sub- mediately affirm or affirm with modifications such certification is made. Such certification ject to judicial review pursuant to subsection the directive, and order the recipient to comply shall be maintained under security measures (h). with the directive in its entirety or as modified. adopted by the Chief Justice of the United ‘‘(f) CERTIFICATION.— The judge shall provide a written statement for States and the Attorney General, in consulta- ‘‘(1) IN GENERAL.— the records of the reasons for a determination ‘‘(A) REQUIREMENT.—Subject to subparagraph tion with the Director of National Intelligence. under this subparagraph. EVIEW.—The certification required by (B), prior to the initiation of an acquisition au- ‘‘(5) R ‘‘(F) CONTINUED EFFECT.—Any directive not this subsection shall be subject to judicial review thorized under subsection (a), the Attorney Gen- explicitly modified or set aside under this para- pursuant to subsection (h). eral and the Director of National Intelligence graph shall remain in full effect. ‘‘(g) DIRECTIVES AND JUDICIAL REVIEW OF DI- shall provide, under oath, a written certifi- ‘‘(G) CONTEMPT OF COURT.—Failure to obey RECTIVES.— cation, as described in this subsection. an order of the Court issued under this para- ‘‘(1) AUTHORITY.—With respect to an acquisi- ‘‘(B) EXCEPTION.—If the Attorney General graph may be punished by the Court as con- tion authorized under subsection (a), the Attor- tempt of court. and the Director of National Intelligence deter- ney General and the Director of National Intel- mine that immediate action by the Government ‘‘(5) ENFORCEMENT OF DIRECTIVES.— ligence may direct, in writing, an electronic ‘‘(A) ORDER TO COMPEL.—In the case of a fail- is required and time does not permit the prepa- communication service provider to— ure to comply with a directive issued pursuant ration of a certification under this subsection ‘‘(A) immediately provide the Government to paragraph (1), the Attorney General may file prior to the initiation of an acquisition, the At- with all information, facilities, or assistance a petition for an order to compel compliance torney General and the Director of National In- necessary to accomplish the acquisition in a with the directive with the Foreign Intelligence telligence shall prepare such certification, in- manner that will protect the secrecy of the ac- Surveillance Court, which shall have jurisdic- cluding such determination, as soon as possible quisition and produce a minimum of interference tion to review such a petition. but in no event more than 7 days after such de- with the services that such electronic commu- ‘‘(B) ASSIGNMENT.—The presiding judge of the termination is made. nication service provider is providing to the tar- Court shall assign a petition filed under sub- ‘‘(2) REQUIREMENTS.—A certification made get; and paragraph (A) to 1 of the judges serving in the under this subsection shall— ‘‘(B) maintain under security procedures ap- pool established by section 103(e)(1) not later ‘‘(A) attest that— proved by the Attorney General and the Direc- than 24 hours after the filing of the petition. ‘‘(i) there are reasonable procedures in place tor of National Intelligence any records con- ‘‘(C) STANDARDS FOR REVIEW.—A judge con- for determining that the acquisition authorized cerning the acquisition or the aid furnished that sidering a petition filed under subparagraph (A) under subsection (a) is targeted at persons rea- such electronic communication service provider shall issue an order requiring the electronic sonably believed to be located outside the United wishes to maintain. communication service provider to comply with States and that such procedures have been ap- ‘‘(2) COMPENSATION.—The Government shall the directive or any part of it, as issued or as proved by, or will be submitted in not more than compensate, at the prevailing rate, an electronic modified, if the judge finds that the directive 5 days for approval by, the Foreign Intelligence communication service provider for providing in- meets the requirements of this section, and is Surveillance Court pursuant to subsection (h); formation, facilities, or assistance pursuant to otherwise lawful. ‘‘(ii) there are reasonable procedures in place paragraph (1). ‘‘(D) PROCEDURES FOR REVIEW.—The judge for determining that the acquisition authorized ‘‘(3) RELEASE FROM LIABILITY.—Notwith- shall render a determination not later than 30 under subsection (a) does not result in the in- standing any other law, no cause of action shall days after being assigned a petition filed under tentional acquisition of any communication as lie in any court against any electronic commu- subparagraph (A), unless the judge, by order for to which the sender and all intended recipients nication service provider for providing any in- reasons stated, extends that time if necessary to are known at the time of the acquisition to be formation, facilities, or assistance in accordance comport with the due process clause of the fifth located in the United States, and that such pro- with a directive issued pursuant to paragraph amendment to the Constitution of the United cedures have been approved by, or will be sub- (1). States. The judge shall provide a written state- mitted in not more than 5 days for approval by, ‘‘(4) CHALLENGING OF DIRECTIVES.— ment for the record of the reasons for a deter- the Foreign Intelligence Surveillance Court pur- ‘‘(A) AUTHORITY TO CHALLENGE.—An elec- mination under this paragraph. suant to subsection (h); tronic communication service provider receiving ‘‘(E) CONTEMPT OF COURT.—Failure to obey ‘‘(iii) the procedures referred to in clauses (i) a directive issued pursuant to paragraph (1) an order of the Court issued under this para- and (ii) are consistent with the requirements of may challenge the directive by filing a petition graph may be punished by the Court as con- the fourth amendment to the Constitution of the with the Foreign Intelligence Surveillance tempt of court. United States and do not permit the intentional Court, which shall have jurisdiction to review ‘‘(F) PROCESS.—Any process under this para- targeting of any person who is known at the such a petition. graph may be served in any judicial district in time of acquisition to be located in the United ‘‘(B) ASSIGNMENT.—The presiding judge of the which the electronic communication service pro- States or the intentional acquisition of any com- Court shall assign the petition filed under sub- vider may be found. munication as to which the sender and all in- paragraph (A) to 1 of the judges serving in the ‘‘(6) APPEAL.— tended recipients are known at the time of ac- pool established by section 103(e)(1) not later ‘‘(A) APPEAL TO THE COURT OF REVIEW.—The quisition to be located in the United States; than 24 hours after the filing of the petition. Government or an electronic communication

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service provider receiving a directive issued pur- ‘‘(6) APPEAL.— ‘‘(C) with respect to acquisitions authorized suant to paragraph (1) may file a petition with ‘‘(A) APPEAL TO THE COURT OF REVIEW.—The under subsection (a), shall review the number of the Foreign Intelligence Surveillance Court of Government may appeal any order under this targets that were later determined to be located Review for review of the decision issued pursu- section to the Foreign Intelligence Surveillance in the United States and, to the extent possible, ant to paragraph (4) or (5). The Court of Review Court of Review, which shall have jurisdiction whether their communications were reviewed; shall have jurisdiction to consider such a peti- to review such order. For any decision affirm- and tion and shall provide a written statement for ing, reversing, or modifying an order of the For- ‘‘(D) shall provide each such review to— the record of the reasons for a decision under eign Intelligence Surveillance Court, the Court ‘‘(i) the Attorney General; this paragraph. of Review shall provide for the record a written ‘‘(ii) the Director of National Intelligence; and ‘‘(B) CERTIORARI TO THE SUPREME COURT.— statement of its reasons. ‘‘(iii) the congressional intelligence commit- The Government or an electronic communication ‘‘(B) CONTINUATION OF ACQUISITION PENDING tees. service provider receiving a directive issued pur- REHEARING OR APPEAL.—Any acquisitions af- ‘‘(3) ANNUAL REVIEW.— suant to paragraph (1) may file a petition for a fected by an order under paragraph (5)(B) may ‘‘(A) REQUIREMENT TO CONDUCT.—The head of writ of certiorari for review of the decision of continue— an element of the intelligence community con- the Court of Review issued under subparagraph ‘‘(i) during the pendency of any rehearing of ducting an acquisition authorized under sub- (A). The record for such review shall be trans- the order by the Court en banc; and section (a) shall direct the element to conduct mitted under seal to the Supreme Court of the ‘‘(ii) if the Government appeals an order an annual review to determine whether there is United States, which shall have jurisdiction to under this section, until the Court of Review en- reason to believe that foreign intelligence infor- review such decision. ters an order under subparagraph (C). mation has been or will be obtained from the ac- ‘‘(h) JUDICIAL REVIEW OF CERTIFICATIONS AND ‘‘(C) IMPLEMENTATION PENDING APPEAL.—Not quisition. The annual review shall provide, with PROCEDURES.— later than 60 days after the filing of an appeal respect to such acquisitions authorized under ‘‘(1) IN GENERAL.— of an order under paragraph (5)(B) directing the subsection (a)— ‘‘(A) REVIEW BY THE FOREIGN INTELLIGENCE correction of a deficiency, the Court of Review ‘‘(i) an accounting of the number of dissemi- SURVEILLANCE COURT.—The Foreign Intelligence shall determine, and enter a corresponding nated intelligence reports containing a reference Surveillance Court shall have jurisdiction to re- order regarding, whether all or any part of the to a United States person identity; view any certification required by subsection (c) correction order, as issued or modified, shall be ‘‘(ii) an accounting of the number of United and the targeting and minimization procedures implemented during the pendency of the appeal. States person identities subsequently dissemi- adopted pursuant to subsections (d) and (e). ‘‘(D) CERTIORARI TO THE SUPREME COURT.— nated by that element in response to requests for ‘‘(B) SUBMISSION TO THE COURT.—The Attor- The Government may file a petition for a writ of identities that were not referred to by name or ney General shall submit to the Court any such certiorari for review of a decision of the Court of title in the original reporting; certification or procedure, or amendment there- Review issued under subparagraph (A). The ‘‘(iii) the number of targets that were later de- to, not later than 5 days after making or amend- record for such review shall be transmitted termined to be located in the United States and, ing the certification or adopting or amending under seal to the Supreme Court of the United to the extent possible, whether their communica- the procedures. States, which shall have jurisdiction to review tions were reviewed; and ‘‘(2) CERTIFICATIONS.—The Court shall review such decision. a certification provided under subsection (f) to ‘‘(iv) a description of any procedures devel- ‘‘(i) EXPEDITED JUDICIAL PROCEEDINGS.—Judi- oped by the head of an element of the intel- determine whether the certification contains all cial proceedings under this section shall be con- the required elements. ligence community and approved by the Director ducted as expeditiously as possible. of National Intelligence to assess, in a manner ‘‘(3) TARGETING PROCEDURES.—The Court ‘‘(j) MAINTENANCE AND SECURITY OF RECORDS shall review the targeting procedures required consistent with national security, operational AND PROCEEDINGS.— requirements and the privacy interests of United by subsection (d) to assess whether the proce- ‘‘(1) STANDARDS.—A record of a proceeding States persons, the extent to which the acquisi- dures are reasonably designed to ensure that the under this section, including petitions filed, or- tions authorized under subsection (a) acquire acquisition authorized under subsection (a) is ders granted, and statements of reasons for deci- the communications of United States persons, as limited to the targeting of persons reasonably sion, shall be maintained under security meas- well as the results of any such assessment. believed to be located outside the United States ures adopted by the Chief Justice of the United ‘‘(B) USE OF REVIEW.—The head of each ele- and does not result in the intentional acquisi- States, in consultation with the Attorney Gen- ment of the intelligence community that con- tion of any communication as to which the eral and the Director of National Intelligence. ducts an annual review under subparagraph (A) sender and all intended recipients are known at ‘‘(2) FILING AND REVIEW.—All petitions under the time of the acquisition to be located in the this section shall be filed under seal. In any pro- shall use each such review to evaluate the ade- United States. ceedings under this section, the court shall, quacy of the minimization procedures utilized ‘‘(4) MINIMIZATION PROCEDURES.—The Court upon request of the Government, review ex parte by such element or the application of the mini- shall review the minimization procedures re- and in camera any Government submission, or mization procedures to a particular acquisition quired by subsection (e) to assess whether such portions of a submission, which may include authorized under subsection (a). procedures meet the definition of minimization classified information. ‘‘(C) PROVISION OF REVIEW.—The head of each procedures under section 101(h) or section ‘‘(3) RETENTION OF RECORDS.—A directive element of the intelligence community that con- 301(4). made or an order granted under this section ducts an annual review under subparagraph (A) ‘‘(5) ORDERS.— shall be retained for a period of not less than 10 shall provide such review to— ‘‘(A) APPROVAL.—If the Court finds that a years from the date on which such directive or ‘‘(i) the Foreign Intelligence Surveillance certification required by subsection (f) contains such order is made. Court; all of the required elements and that the tar- ‘‘(k) ASSESSMENTS AND REVIEWS.— ‘‘(ii) the Attorney General; geting and minimization procedures required by ‘‘(1) SEMIANNUAL ASSESSMENT.—Not less fre- ‘‘(iii) the Director of National Intelligence; subsections (d) and (e) are consistent with the quently than once every 6 months, the Attorney and requirements of those subsections and with the General and Director of National Intelligence ‘‘(iv) the congressional intelligence commit- fourth amendment to the Constitution of the shall assess compliance with the targeting and tees. United States, the Court shall enter an order minimization procedures required by subsections ‘‘SEC. 704. CERTAIN ACQUISITIONS INSIDE THE approving the continued use of the procedures (e) and (f) and shall submit each such assess- UNITED STATES OF UNITED STATES for the acquisition authorized under subsection ment to— PERSONS OUTSIDE THE UNITED (a). ‘‘(A) the Foreign Intelligence Surveillance STATES. ‘‘(B) CORRECTION OF DEFICIENCIES.—If the Court; and ‘‘(a) JURISDICTION OF THE FOREIGN INTEL- Court finds that a certification required by sub- ‘‘(B) the congressional intelligence commit- LIGENCE SURVEILLANCE COURT.— section (f) does not contain all of the required tees. ‘‘(1) IN GENERAL.—The Foreign Intelligence elements, or that the procedures required by ‘‘(2) AGENCY ASSESSMENT.—The Inspectors Surveillance Court shall have jurisdiction to subsections (d) and (e) are not consistent with General of the Department of Justice and of any enter an order approving the targeting of a the requirements of those subsections or the element of the intelligence community author- United States person reasonably believed to be fourth amendment to the Constitution of the ized to acquire foreign intelligence information located outside the United States to acquire for- United States, the Court shall issue an order di- under subsection (a) with respect to their de- eign intelligence information, if such acquisition recting the Government to, at the Government’s partment, agency, or element— constitutes electronic surveillance (as defined in election and to the extent required by the ‘‘(A) are authorized to review the compliance section 101(f), regardless of the limitation of sec- Court’s order— with the targeting and minimization procedures tion 701) or the acquisition of stored electronic ‘‘(i) correct any deficiency identified by the required by subsections (d) and (e); communications or stored electronic data that Court’s order not later than 30 days after the ‘‘(B) with respect to acquisitions authorized requires an order under this Act, and such ac- date the Court issues the order; or under subsection (a), shall review the number of quisition is conducted within the United States. ‘‘(ii) cease the acquisition authorized under disseminated intelligence reports containing a ‘‘(2) LIMITATION.—In the event that a United subsection (a). reference to a United States person identity and States person targeted under this subsection is ‘‘(C) REQUIREMENT FOR WRITTEN STATE- the number of United States person identities reasonably believed to be located in the United MENT.—In support of its orders under this sub- subsequently disseminated by the element con- States during the pendency of an order issued section, the Court shall provide, simultaneously cerned in response to requests for identities that pursuant to subsection (c), such acquisition with the orders, for the record a written state- were not referred to by name or title in the origi- shall cease until authority, other than under ment of its reasons. nal reporting; this section, is obtained pursuant to this Act or

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the targeted United States person is again rea- ‘‘(A) the application has been made by a Fed- ‘‘(5) DIRECTIONS.—An order approving acqui- sonably believed to be located outside the United eral officer and approved by the Attorney Gen- sitions under this subsection shall direct— States during the pendency of an order issued eral; ‘‘(A) that the minimization procedures be fol- pursuant to subsection (c). ‘‘(B) on the basis of the facts submitted by the lowed; ‘‘(b) APPLICATION.— applicant, for the United States person who is ‘‘(B) an electronic communication service pro- ‘‘(1) IN GENERAL.—Each application for an the target of the acquisition, there is probable vider to provide to the Government forthwith all order under this section shall be made by a Fed- cause to believe that the target is— information, facilities, or assistance necessary to eral officer in writing upon oath or affirmation ‘‘(i) a person reasonably believed to be located accomplish the acquisition authorized under to a judge having jurisdiction under subsection outside the United States; and this subsection in a manner that will protect the (a)(1). Each application shall require the ap- ‘‘(ii) a foreign power, an agent of a foreign secrecy of the acquisition and produce a min- proval of the Attorney General based upon the power, or an officer or employee of a foreign imum of interference with the services that such Attorney General’s finding that it satisfies the power; electronic communication service provider is criteria and requirements of such application, as ‘‘(C) the proposed minimization procedures providing to the target; set forth in this section, and shall include— meet the definition of minimization procedures ‘‘(C) an electronic communication service pro- ‘‘(A) the identity of the Federal officer making under section 101(h) or section 301(4); and vider to maintain under security procedures ap- the application; ‘‘(D) the application which has been filed con- proved by the Attorney General any records ‘‘(B) the identity, if known, or a description tains all statements and certifications required concerning the acquisition or the aid furnished of the United States person who is the target of by subsection (b) and the certification or certifi- that such electronic communication service pro- the acquisition; cations are not clearly erroneous on the basis of vider wishes to maintain; and ‘‘(C) a statement of the facts and cir- the statement made under subsection ‘‘(D) that the Government compensate, at the cumstances relied upon to justify the applicant’s (b)(1)(F)(v) and any other information fur- prevailing rate, such electronic communication belief that the United States person who is the nished under subsection (b)(3). service provider for providing such information, target of the acquisition is— ‘‘(2) PROBABLE CAUSE.—In determining facilities, or assistance. ‘‘(i) a person reasonably believed to be located whether or not probable cause exists for pur- ‘‘(6) DURATION.—An order approved under outside the United States; and poses of an order under paragraph (1), a judge this paragraph shall be effective for a period not ‘‘(ii) a foreign power, an agent of a foreign having jurisdiction under subsection (a)(1) may to exceed 90 days and such order may be re- power, or an officer or employee of a foreign consider past activities of the target, as well as newed for additional 90-day periods upon sub- power; facts and circumstances relating to current or ‘‘(D) a statement of the proposed minimization mission of renewal applications meeting the re- future activities of the target. However, no quirements of subsection (b). procedures that meet the definition of minimiza- United States person may be considered a for- tion procedures under section 101(h) or section ‘‘(7) COMPLIANCE.—At or prior to the end of eign power, agent of a foreign power, or officer the period of time for which an acquisition is 301(4); or employee of a foreign power solely upon the ‘‘(E) a description of the nature of the infor- approved by an order or extension under this basis of activities protected by the first amend- section, the judge may assess compliance with mation sought and the type of communications ment to the Constitution of the United States. or activities to be subjected to acquisition; the minimization procedures by reviewing the ‘‘(3) REVIEW.— circumstances under which information con- ‘‘(F) a certification made by the Attorney ‘‘(A) LIMITATION ON REVIEW.—Review by a General or an official specified in section cerning United States persons was acquired, re- judge having jurisdiction under subsection tained, or disseminated. 104(a)(6) that— (a)(1) shall be limited to that required to make ‘‘(d) EMERGENCY AUTHORIZATION.— ‘‘(i) the certifying official deems the informa- the findings described in paragraph (1). ‘‘(1) AUTHORITY FOR EMERGENCY AUTHORIZA- tion sought to be foreign intelligence informa- ‘‘(B) REVIEW OF PROBABLE CAUSE.—If the TION.—Notwithstanding any other provision of tion; judge determines that the facts submitted under ‘‘(ii) a significant purpose of the acquisition is this Act, if the Attorney General reasonably de- subsection (b) are insufficient to establish prob- to obtain foreign intelligence information; termines that— able cause to issue an order under paragraph ‘‘(iii) such information cannot reasonably be ‘‘(A) an emergency situation exists with re- (1), the judge shall enter an order so stating and obtained by normal investigative techniques; spect to the acquisition of foreign intelligence provide a written statement for the record of the ‘‘(iv) designates the type of foreign intel- information for which an order may be obtained reasons for such determination. The Govern- ligence information being sought according to under subsection (c) before an order authorizing ment may appeal an order under this clause the categories described in section 101(e); and such acquisition can with due diligence be ob- pursuant to subsection (f). ‘‘(v) includes a statement of the basis for the tained, and ‘‘(C) REVIEW OF MINIMIZATION PROCEDURES.— certification that— ‘‘(B) the factual basis for issuance of an order If the judge determines that the proposed mini- ‘‘(I) the information sought is the type of for- under this subsection to approve such acquisi- mization procedures required under paragraph eign intelligence information designated; and tion exists, ‘‘(II) such information cannot reasonably be (1)(C) do not meet the definition of minimization the Attorney General may authorize the emer- obtained by normal investigative techniques; procedures under section 101(h) or section gency acquisition if a judge having jurisdiction ‘‘(G) a summary statement of the means by 301(4), the judge shall enter an order so stating under subsection (a)(1) is informed by the Attor- which the acquisition will be conducted and and provide a written statement for the record ney General, or a designee of the Attorney Gen- whether physical entry is required to effect the of the reasons for such determination. The Gov- eral, at the time of such authorization that the acquisition; ernment may appeal an order under this clause ‘‘(H) the identity of any electronic commu- pursuant to subsection (f). decision has been made to conduct such acquisi- nication service provider necessary to effect the ‘‘(D) REVIEW OF CERTIFICATION.—If the judge tion and if an application in accordance with acquisition, provided, however, that the appli- determines that an application required by sub- this subsection is made to a judge of the Foreign cation is not required to identify the specific fa- section (b) does not contain all of the required Intelligence Surveillance Court as soon as prac- cilities, places, premises, or property at which elements, or that the certification or certifi- ticable, but not more than 7 days after the At- the acquisition authorized under this section cations are clearly erroneous on the basis of the torney General authorizes such acquisition. will be directed or conducted; statement made under subsection (b)(1)(F)(v) ‘‘(2) MINIMIZATION PROCEDURES.—If the At- ‘‘(I) a statement of the facts concerning any and any other information furnished under sub- torney General authorizes such emergency ac- previous applications that have been made to section (b)(3), the judge shall enter an order so quisition, the Attorney General shall require any judge of the Foreign Intelligence Surveil- stating and provide a written statement for the that the minimization procedures required by lance Court involving the United States person record of the reasons for such determination. this section for the issuance of a judicial order specified in the application and the action The Government may appeal an order under be followed. taken on each previous application; and this clause pursuant to subsection (f). ‘‘(3) TERMINATION OF EMERGENCY AUTHORIZA- ‘‘(J) a statement of the period of time for ‘‘(4) SPECIFICATIONS.—An order approving an TION.—In the absence of a judicial order ap- which the acquisition is required to be main- acquisition under this subsection shall specify— proving such acquisition, the acquisition shall tained, provided that such period of time shall ‘‘(A) the identity, if known, or a description terminate when the information sought is ob- not exceed 90 days per application. of the United States person who is the target of tained, when the application for the order is de- ‘‘(2) OTHER REQUIREMENTS OF THE ATTORNEY the acquisition identified or described in the ap- nied, or after the expiration of 7 days from the GENERAL.—The Attorney General may require plication pursuant to subsection (b)(1)(B); time of authorization by the Attorney General, any other affidavit or certification from any ‘‘(B) if provided in the application pursuant whichever is earliest. other officer in connection with the application. to subsection (b)(1)(H), the nature and location ‘‘(4) USE OF INFORMATION.—In the event that ‘‘(3) OTHER REQUIREMENTS OF THE JUDGE.— of each of the facilities or places at which the such application for approval is denied, or in The judge may require the applicant to furnish acquisition will be directed; any other case where the acquisition is termi- such other information as may be necessary to ‘‘(C) the nature of the information sought to nated and no order is issued approving the ac- make the findings required by subsection (c)(1). be acquired and the type of communications or quisition, no information obtained or evidence ‘‘(c) ORDER.— activities to be subjected to acquisition; derived from such acquisition, except under cir- ‘‘(1) FINDINGS.—Upon an application made ‘‘(D) the means by which the acquisition will cumstances in which the target of the acquisi- pursuant to subsection (b), the Foreign Intel- be conducted and whether physical entry is re- tion is determined not to be a United States per- ligence Surveillance Court shall enter an ex quired to effect the acquisition; and son during the pendency of the 7-day emergency parte order as requested or as modified approv- ‘‘(E) the period of time during which the ac- acquisition period, shall be received in evidence ing the acquisition if the Court finds that— quisition is approved. or otherwise disclosed in any trial, hearing, or

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other proceeding in or before any court, grand ‘‘(2) a statement of the facts and cir- ‘‘(C) REVIEW OF MINIMIZATION PROCEDURES.— jury, department, office, agency, regulatory cumstances relied upon to justify the applicant’s If the judge determines that the minimization body, legislative committee, or other authority of belief that the United States person who is the procedures applicable to dissemination of infor- the United States, a State, or political subdivi- target of the acquisition is— mation obtained through an acquisition under sion thereof, and no information concerning ‘‘(A) a person reasonably believed to be lo- this subsection do not meet the definition of any United States person acquired from such cated outside the United States; and minimization procedures under section 101(h) or acquisition shall subsequently be used or dis- ‘‘(B) a foreign power, an agent of a foreign section 301(4), the judge shall enter an order so closed in any other manner by Federal officers power, or an officer or employee of a foreign stating and provide a written statement for the or employees without the consent of such per- power; record of the reasons for such determination. son, except with the approval of the Attorney ‘‘(3) a statement of the proposed minimization The Government may appeal an order under General if the information indicates a threat of procedures that meet the definition of minimiza- this clause pursuant to subsection (e). death or serious bodily harm to any person. tion procedures under section 101(h) or section ‘‘(D) SCOPE OF REVIEW OF CERTIFICATION.—If ‘‘(e) RELEASE FROM LIABILITY.—Notwith- 301(4); the judge determines that the certification pro- standing any other law, no cause of action shall ‘‘(4) a certification made by the Attorney Gen- vided under subsection (b)(4) is clearly erro- lie in any court against any electronic commu- eral, an official specified in section 104(a)(6), or neous on the basis of the information furnished nication service provider for providing any in- the head of an element of the intelligence com- under subsection (b), the judge shall enter an formation, facilities, or assistance in accordance munity that— order so stating and provide a written statement with an order or request for emergency assist- ‘‘(A) the certifying official deems the informa- for the record of the reasons for such determina- ance issued pursuant to subsections (c) or (d). tion sought to be foreign intelligence information. The Government may appeal an order ‘‘(f) APPEAL.— tion; and under this subparagraph pursuant to subsection ‘‘(1) APPEAL TO THE FOREIGN INTELLIGENCE ‘‘(B) a significant purpose of the acquisition is (e). SURVEILLANCE COURT OF REVIEW.—The Govern- to obtain foreign intelligence information; ‘‘(4) DURATION.—An order under this para- ment may file an appeal with the Foreign Intel- ‘‘(5) a statement of the facts concerning any graph shall be effective for a period not to ex- ligence Surveillance Court of Review for review of an order issued pursuant to subsection (c). previous applications that have been made to ceed 90 days and such order may be renewed for The Court of Review shall have jurisdiction to any judge of the Foreign Intelligence Surveil- additional 90-day periods upon submission of reconsider such appeal and shall provide a writ- lance Court involving the United States person newal applications meeting the requirements of ten statement for the record of the reasons for a specified in the application and the action subsection (b). decision under this paragraph. taken on each previous application; and ‘‘(5) COMPLIANCE.—At or prior to the end of ‘‘(2) CERTIORARI TO THE SUPREME COURT.— ‘‘(6) a statement of the period of time for the period of time for which an order or exten- The Government may file a petition for a writ of which the acquisition is required to be main- sion is granted under this section, the judge may certiorari for review of the decision of the Court tained, provided that such period of time shall assess compliance with the minimization proce- of Review issued under paragraph (1). The not exceed 90 days per application. dures by reviewing the circumstances under record for such review shall be transmitted ‘‘(c) ORDER.— which information concerning United States under seal to the Supreme Court of the United ‘‘(1) FINDINGS.—If, upon an application made persons was disseminated, provided that the States, which shall have jurisdiction to review pursuant to subsection (b), a judge having juris- judge may not inquire into the circumstances re- such decision. diction under subsection (a) finds that— lating to the conduct of the acquisition. ‘‘SEC. 705. OTHER ACQUISITIONS TARGETING ‘‘(A) on the basis of the facts submitted by the ‘‘(d) EMERGENCY AUTHORIZATION.— UNITED STATES PERSONS OUTSIDE applicant, for the United States person who is ‘‘(1) AUTHORITY FOR EMERGENCY AUTHORIZA- THE UNITED STATES. the target of the acquisition, there is probable TION.—Notwithstanding any other provision in ‘‘(a) JURISDICTION AND SCOPE.— cause to believe that the target is— this subsection, if the Attorney General reason- ‘‘(1) JURISDICTION.—The Foreign Intelligence ‘‘(i) a person reasonably believed to be located ably determines that— Surveillance Court shall have jurisdiction to outside the United States; and ‘‘(A) an emergency situation exists with reenter an order pursuant to subsection (c). ‘‘(ii) a foreign power, an agent of a foreign spect to the acquisition of foreign intelligence ‘‘(2) SCOPE.—No element of the intelligence power, or an officer or employee of a foreign information for which an order may be obtained community may intentionally target, for the power; under subsection (c) before an order under that purpose of acquiring foreign intelligence infor- ‘‘(B) the proposed minimization procedures, subsection may, with due diligence, be obtained, mation, a United States person reasonably be- with respect to their dissemination provisions, and lieved to be located outside the United States meet the definition of minimization procedures ‘‘(B) the factual basis for issuance of an order under circumstances in which the targeted under section 101(h) or section 301(4); and under this section exists, United States person has a reasonable expecta- ‘‘(C) the application which has been filed con- the Attorney General may authorize the emer- tion of privacy and a warrant would be required tains all statements and certifications required gency acquisition if a judge having jurisdiction if the acquisition were conducted inside the by subsection (b) and the certification provided under subsection (a)(1) is informed by the Attor- United States for law enforcement purposes, un- under subsection (b)(4) is not clearly erroneous ney General or a designee of the Attorney Gen- less a judge of the Foreign Intelligence Surveil- on the basis of the information furnished under eral at the time of such authorization that the lance Court has entered an order or the Attor- subsection (b), decision has been made to conduct such acquisi- ney General has authorized an emergency ac- the Court shall issue an ex parte order so stat- tion and if an application in accordance with quisition pursuant to subsections (c) or (d) or ing. this subsection is made to a judge of the Foreign any other provision of this Act. ‘‘(2) PROBABLE CAUSE.—In determining Intelligence Surveillance Court as soon as prac- ‘‘(3) LIMITATIONS.— ‘‘(A) MOVING OR MISIDENTIFIED TARGETS.—In whether or not probable cause exists for pur- ticable, but not more than 7 days after the At- the event that the targeted United States person poses of an order under paragraph (1)(A), a torney General authorizes such acquisition. is reasonably believed to be in the United States judge having jurisdiction under subsection ‘‘(2) MINIMIZATION PROCEDURES.—If the At- during the pendency of an order issued pursu- (a)(1) may consider past activities of the target, torney General authorizes such emergency ac- ant to subsection (c), such acquisition shall as well as facts and circumstances relating to quisition, the Attorney General shall require cease until authority is obtained pursuant to current or future activities of the target. How- that the minimization procedures required by this Act or the targeted United States person is ever, no United States person may be considered this section be followed. again reasonably believed to be located outside a foreign power, agent of a foreign power, or of- ‘‘(3) TERMINATION OF EMERGENCY AUTHORIZA- the United States during the pendency of an ficer or employee of a foreign power solely upon TION.—In the absence of an order under sub- order issued pursuant to subsection (c). the basis of activities protected by the first section (c), the acquisition shall terminate when ‘‘(B) APPLICABILITY.—If the acquisition is to amendment to the Constitution of the United the information sought is obtained, if the appli- be conducted inside the United States and could States. cation for the order is denied, or after the expi- be authorized under section 704, the procedures ‘‘(3) REVIEW.— ration of 7 days from the time of authorization of section 704 shall apply, unless an order or ‘‘(A) LIMITATIONS ON REVIEW.—Review by a by the Attorney General, whichever is earliest. emergency acquisition authority has been ob- judge having jurisdiction under subsection ‘‘(4) USE OF INFORMATION.—In the event that tained under a provision of this Act other than (a)(1) shall be limited to that required to make such application is denied, or in any other case under this section. the findings described in paragraph (1). The where the acquisition is terminated and no ‘‘(b) APPLICATION.—Each application for an judge shall not have jurisdiction to review the order is issued approving the acquisition, no in- order under this section shall be made by a Fed- means by which an acquisition under this sec- formation obtained or evidence derived from eral officer in writing upon oath or affirmation tion may be conducted. such acquisition, except under circumstances in to a judge having jurisdiction under subsection ‘‘(B) REVIEW OF PROBABLE CAUSE.—If the which the target of the acquisition is determined (a)(1). Each application shall require the ap- judge determines that the facts submitted under not to be a United States person during the proval of the Attorney General based upon the subsection (b) are insufficient to establish prob- pendency of the 7-day emergency acquisition pe- Attorney General’s finding that it satisfies the able cause to issue an order under this sub- riod, shall be received in evidence or otherwise criteria and requirements of such application as section, the judge shall enter an order so stating disclosed in any trial, hearing, or other pro- set forth in this section and shall include— and provide a written statement for the record ceeding in or before any court, grand jury, de- ‘‘(1) the identity, if known, or a description of of the reasons for such determination. The Gov- partment, office, agency, regulatory body, legis- the specific United States person who is the tar- ernment may appeal an order under this clause lative committee, or other authority of the get of the acquisition; pursuant to subsection (e). United States, a State, or political subdivision

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The Court of Review shall have ju- adopted pursuant to subsections (d) and (e) of as paragraphs (1) through (3), respectively; and risdiction to consider such appeal and shall pro- section 703; and (iii) adding at the end the following: vide a written statement for the record of the ‘‘(ii) incidents of noncompliance by a specified ‘‘(b) DEFINITION.—For the purpose of this sec- reasons for a decision under this paragraph. person to whom the Attorney General and Di- tion, the term ‘electronic surveillance’ means ‘‘(2) CERTIORARI TO THE SUPREME COURT.— rector of National Intelligence issued a directive electronic surveillance as defined in section The Government may file a petition for a writ of under subsection 703(g); and 101(f) of this Act regardless of the limitation of certiorari for review of the decision of the Court ‘‘(G) any procedures implementing this sec- section 701 of this Act.’’. of Review issued under paragraph (1). The tion; (C) SECTION 601.—Section 601(a)(1) of the For- record for such review shall be transmitted ‘‘(2) with respect to section 704— eign Intelligence Surveillance Act of 1978 (50 under seal to the Supreme Court of the United ‘‘(A) the total number of applications made U.S.C. 1871(a)(1)) is amended by striking sub- States, which shall have jurisdiction to review for orders under section 704(b); paragraphs (C) and (D) and inserting the fol- such decision. ‘‘(B) the total number of such orders either lowing: ‘‘SEC. 706. JOINT APPLICATIONS AND CONCUR- granted, modified, or denied; and ‘‘(C) pen registers under section 402; ‘‘(C) the total number of emergency acquisi- RENT AUTHORIZATIONS. ‘‘(D) access to records under section 501; ‘‘(a) JOINT APPLICATIONS AND ORDERS.—If an tions authorized by the Attorney General under ‘‘(E) acquisitions under section 704; and acquisition targeting a United States person section 704(d) and the total number of subse- under section 704 or section 705 is proposed to be quent orders approving or denying such acquisi- ‘‘(F) acquisitions under section 705;’’. conducted both inside and outside the United tions; and (d) TERMINATION OF AUTHORITY.— States, a judge having jurisdiction under section ‘‘(3) with respect to section 705— (1) IN GENERAL.—Except as provided in para- 704(a)(1) or section 705(a)(1) may issue simulta- ‘‘(A) the total number of applications made graph (2), the amendments made by subsections neously, upon the request of the Government in for orders under 705(b); (a)(2), (b), and (c) shall cease to have effect on a joint application complying with the require- ‘‘(B) the total number of such orders either December 31, 2013. ments of section 704(b) or section 705(b), orders granted, modified, or denied; and (2) CONTINUING APPLICABILITY.—Section under section 704(c) or section 705(c), as appli- ‘‘(C) the total number of emergency acquisi- 703(g)(3) of the Foreign Intelligence Surveillance cable. tions authorized by the Attorney General under Act of 1978 (as amended by subsection (a)) shall ‘‘(b) CONCURRENT AUTHORIZATION.—If an subsection 705(d) and the total number of subse- remain in effect with respect to any directive order authorizing electronic surveillance or quent orders approving or denying such appli- issued pursuant to section 703(g) of that Act (as physical search has been obtained under section cations.’’. so amended) for information, facilities, or assist- 105 or section 304 and that order is still in effect, (b) TABLE OF CONTENTS.—The table of con- ance provided during the period such directive the Attorney General may authorize, without an tents in the first section of the Foreign Intel- was or is in effect. Section 704(e) of the Foreign order under section 704 or section 705, an acqui- ligence Surveillance Act of 1978 (50 U.S.C. 1801 Intelligence Surveillance Act of 1978 (as amend- sition of foreign intelligence information tar- et. seq.) is amended— ed by subsection (a)) shall remain in effect with geting that United States person while such per- (1) by striking the item relating to title VII; respect to an order or request for emergency as- son is reasonably believed to be located outside (2) by striking the item relating to section 701; sistance under that section. The use of informa- the United States. and tion acquired by an acquisition conducted under ‘‘SEC. 707. USE OF INFORMATION ACQUIRED (3) by adding at the end the following: section 703 of that Act (as so amended) shall UNDER TITLE VII. ‘‘TITLE VII—ADDITIONAL PROCEDURES continue to be governed by the provisions of sec- ‘‘(a) INFORMATION ACQUIRED UNDER SECTION REGARDING CERTAIN PERSONS OUTSIDE tion 707 of that Act (as so amended). 703.—Information acquired from an acquisition THE UNITED STATES SEC. 102. STATEMENT OF EXCLUSIVE MEANS BY conducted under section 703 shall be deemed to ‘‘Sec. 701. Limitation on definition of electronic WHICH ELECTRONIC SURVEILLANCE be information acquired from an electronic sur- surveillance. AND INTERCEPTION OF DOMESTIC veillance pursuant to title I for purposes of sec- ‘‘Sec. 702. Definitions. COMMUNICATIONS MAY BE CON- tion 106, except for the purposes of subsection (j) ‘‘Sec. 703. Procedures for targeting certain per- DUCTED. of such section. sons outside the United States (a) STATEMENT OF EXCLUSIVE MEANS.—Title I ‘‘(b) INFORMATION ACQUIRED UNDER SECTION other than United States persons. of the Foreign Intelligence Surveillance Act of 704.—Information acquired from an acquisition ‘‘Sec. 704. Certain acquisitions inside the 1978 (50 U.S.C. 1801 et seq.) is amended by add- conducted under section 704 shall be deemed to United States of United States ing at the end the following new section: be information acquired from an electronic sur- persons outside the United States. ‘‘STATEMENT OF EXCLUSIVE MEANS BY WHICH veillance pursuant to title I for purposes of sec- ‘‘Sec. 705. Other acquisitions targeting United ELECTRONIC SURVEILLANCE AND INTERCEPTION tion 106. States persons outside the United OF DOMESTIC COMMUNICATIONS MAY BE CON- ‘‘SEC. 708. CONGRESSIONAL OVERSIGHT. States. DUCTED ‘‘(a) SEMIANNUAL REPORT.—Not less fre- ‘‘Sec. 706. Joint applications and concurrent ‘‘SEC. 112. The procedures of chapters 119, 121, quently than once every 6 months, the Attorney authorizations. and 206 of title 18, United States Code, and this General shall fully inform, in a manner con- ‘‘Sec. 707. Use of information acquired under Act shall be the exclusive means by which elec- sistent with national security, the congressional title VII. tronic surveillance (as defined in section 101(f), intelligence committees, the Committee on the ‘‘Sec. 708. Congressional oversight.’’. regardless of the limitation of section 701) and Judiciary of the Senate, and the Committee on (c) TECHNICAL AND CONFORMING AMEND- the interception of domestic wire, oral, or elec- the Judiciary of the House of Representatives, MENTS.— tronic communications may be conducted.’’. concerning the implementation of this title. (1) TITLE 18, UNITED STATES CODE.— (b) TABLE OF CONTENTS.—The table of con- (A) SECTION 2232.—Section 2232(e) of title 18, ‘‘(b) CONTENT.—Each report made under sub- tents in the first section of the Foreign Intel- United States Code, is amended by inserting paragraph (a) shall include— ligence Surveillance Act of 1978 (50 U.S.C. 1801 ‘‘(1) with respect to section 703— ‘‘(as defined in section 101(f) of the Foreign In- et seq.) is amended by adding after the item re- ‘‘(A) any certifications made under subsection telligence Surveillance Act of 1978, regardless of lating to section 111, the following: 703(f) during the reporting period; the limitation of section 701 of that Act)’’ after ‘‘(B) any directives issued under subsection ‘‘electronic surveillance’’. ‘‘Sec. 112. Statement of exclusive means by 703(g) during the reporting period; (B) SECTION 2511.—Section 2511(2)(a)(ii)(A) of which electronic surveillance and ‘‘(C) a description of the judicial review dur- title 18, United States Code, is amended by in- interception of domestic commu- ing the reporting period of any such certifi- serting ‘‘or a court order pursuant to section 705 nications may be conducted.’’. cations and targeting and minimization proce- of the Foreign Intelligence Surveillance Act of (c) CONFORMING AMENDMENTS.—Section dures utilized with respect to such acquisition, 1978’’ after ‘‘assistance’’. 2511(2) of title 18, United States Code, is amend- including a copy of any order or pleading in (2) FOREIGN INTELLIGENCE SURVEILLANCE ACT ed in paragraph (f), by striking ‘‘, as defined in connection with such review that contains a sig- OF 1978.— section 101 of such Act,’’ and inserting ‘‘(as de- nificant legal interpretation of the provisions of (A) SECTION 109.—Section 109 of the Foreign fined in section 101(f) of such Act regardless of this section; Intelligence Surveillance Act of 1978 (50 U.S.C. the limitation of section 701 of such Act)’’.

VerDate Aug 31 2005 01:14 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 6333 E:\CR\FM\A12FE6.040 S12FEPT1 ccoleman on PRODPC75 with SENATE S910 CONGRESSIONAL RECORD — SENATE February 12, 2008 SEC. 103. SUBMITTAL TO CONGRESS OF CERTAIN (3) by redesignating subsections (c) through ‘‘(6) The Attorney General shall assess compli- COURT ORDERS UNDER THE FOR- (e) as subsections (b) through (d), respectively; ance with the requirements of paragraph (5).’’; EIGN INTELLIGENCE SURVEILLANCE and and ACT OF 1978. (4) in paragraph (1)(A) of subsection (d), as (7) by adding at the end the following: (a) INCLUSION OF CERTAIN ORDERS IN SEMI- redesignated by paragraph (3) of this sub- ‘‘(i) In any case in which the Government ANNUAL REPORTS OF ATTORNEY GENERAL.—Sub- section, by striking ‘‘or the Director of National makes an application to a judge under this title section (a)(5) of section 601 of the Foreign Intel- Intelligence’’ and inserting ‘‘the Director of Na- to conduct electronic surveillance involving ligence Surveillance Act of 1978 (50 U.S.C. 1871) tional Intelligence, or the Director of the Cen- communications and the judge grants such ap- is amended by striking ‘‘(not including orders)’’ tral Intelligence Agency’’. plication, upon the request of the applicant, the and inserting ‘‘, orders,’’. SEC. 105. ISSUANCE OF AN ORDER. judge shall also authorize the installation and (b) REPORTS BY ATTORNEY GENERAL ON CER- Section 105 of the Foreign Intelligence Surveil- use of pen registers and trap and trace devices, TAIN OTHER ORDERS.—Such section 601 is fur- lance Act of 1978 (50 U.S.C. 1805) is amended— and direct the disclosure of the information set ther amended by adding at the end the fol- (1) in subsection (a)— forth in section 402(d)(2).’’. lowing: (A) by striking paragraph (1); and SEC. 106. USE OF INFORMATION. ‘‘(c) SUBMISSIONS TO CONGRESS.—The Attor- (B) by redesignating paragraphs (2) through ney General shall submit to the committees of Subsection (i) of section 106 of the Foreign In- (5) as paragraphs (1) through (4), respectively; telligence Surveillance Act of 1978 (8 U.S.C. Congress referred to in subsection (a)— (2) in subsection (b), by striking ‘‘(a)(3)’’ and ‘‘(1) a copy of any decision, order, or opinion 1806) is amended by striking ‘‘radio communica- inserting ‘‘(a)(2)’’; tion’’ and inserting ‘‘communication’’. issued by the Foreign Intelligence Surveillance (3) in subsection (c)(1)— Court or the Foreign Intelligence Surveillance (A) in subparagraph (D), by adding ‘‘and’’ at SEC. 107. AMENDMENTS FOR PHYSICAL SEARCHES. Court of Review that includes significant con- the end; (a) APPLICATIONS.—Section 303 of the Foreign struction or interpretation of any provision of (B) in subparagraph (E), by striking ‘‘; and’’ Intelligence Surveillance Act of 1978 (50 U.S.C. this Act, and any pleadings, applications, or and inserting a period; and memoranda of law associated with such deci- (C) by striking subparagraph (F); 1823) is amended— sion, order, or opinion, not later than 45 days (4) by striking subsection (d); (1) in subsection (a)— after such decision, order, or opinion is issued; (5) by redesignating subsections (e) through (i) (A) by striking paragraph (2); and as subsections (d) through (h), respectively; (B) by redesignating paragraphs (3) through ‘‘(2) a copy of any such decision, order, or (6) by amending subsection (e), as redesig- (9) as paragraphs (2) through (8), respectively; opinion, and any pleadings, applications, or nated by paragraph (5) of this section, to read (C) in paragraph (2), as redesignated by sub- memoranda of law associated with such deci- as follows: paragraph (B) of this paragraph, by striking sion, order, or opinion, that was issued during ‘‘(e)(1) Notwithstanding any other provision ‘‘detailed’’; the 5-year period ending on the date of the en- of this title, the Attorney General may authorize (D) in paragraph (3)(C), as redesignated by actment of the FISA Amendments Act of 2008 the emergency employment of electronic surveil- subparagraph (B) of this paragraph, by insert- and not previously submitted in a report under lance if the Attorney General— ing ‘‘or is about to be’’ before ‘‘owned’’; and subsection (a). ‘‘(A) reasonably determines that an emergency (E) in paragraph (6), as redesignated by sub- ‘‘(d) PROTECTION OF NATIONAL SECURITY.— situation exists with respect to the employment paragraph (B) of this paragraph, in the matter The Attorney General, in consultation with the of electronic surveillance to obtain foreign intel- preceding subparagraph (A)— Director of National Intelligence, may authorize ligence information before an order authorizing (i) by striking ‘‘Affairs or’’ and inserting ‘‘Af- redactions of materials described in subsection such surveillance can with due diligence be ob- fairs,’’; and (c) that are provided to the committees of Con- tained; (ii) by striking ‘‘Senate—’’ and inserting gress referred to in subsection (a), if such ‘‘(B) resonably determines that the factual ‘‘Senate, or the Deputy Director of the Federal redactions are necessary to protect the national basis for issuance of an order under this title to Bureau of Investigation, if designated by the security of the United States and are limited to approve such electronic surveillance exists; President as a certifying official—’’; and sensitive sources and methods information or ‘‘(C) informs, either personally or through a (2) in subsection (d)(1)(A), by striking ‘‘or the the identities of targets.’’. designee, a judge having jurisdiction under sec- Director of National Intelligence’’ and inserting (c) DEFINITIONS.—Such section 601, as amend- tion 103 at the time of such authorization that ‘‘the Director of National Intelligence, or the ed by subsections (a) and (b), is further amend- the decision has been made to employ emergency Director of the Central Intelligence Agency’’. ed by adding at the end the following: electronic surveillance; and (b) ORDERS.—Section 304 of the Foreign Intel- ‘‘(e) DEFINITIONS.—In this section: ‘‘(D) makes an application in accordance with ligence Surveillance Act of 1978 (50 U.S.C. 1824) ‘‘(1) FOREIGN INTELLIGENCE SURVEILLANCE this title to a judge having jurisdiction under is amended— COURT; COURT.—The term ‘‘ ‘Foreign Intelligence section 103 as soon as practicable, but not later (1) in subsection (a)— Surveillance Court’’’ means the court estab- than 7 days after the Attorney General author- (A) by striking paragraph (1); and lished by section 103(a). izes such surveillance. (B) by redesignating paragraphs (2) through ‘‘(2) FOREIGN INTELLIGENCE SURVEILLANCE ‘‘(2) If the Attorney General authorizes the (5) as paragraphs (1) through (4), respectively; COURT OF REVIEW; COURT OF REVIEW.—The term emergency employment of electronic surveillance and ‘Foreign Intelligence Surveillance Court of Re- under paragraph (1), the Attorney General shall (2) by amending subsection (e) to read as fol- view’ means the court established by section require that the minimization procedures re- lows: 103(b).’’. quired by this title for the issuance of a judicial ‘‘(e)(1) Notwithstanding any other provision SEC. 104. APPLICATIONS FOR COURT ORDERS. order be followed. of this title, the Attorney General may authorize Section 104 of the Foreign Intelligence Surveil- ‘‘(3) In the absence of a judicial order approv- the emergency employment of a physical search lance Act of 1978 (50 U.S.C. 1804) is amended— ing such electronic surveillance, the surveillance if the Attorney General reasonably— (1) in subsection (a)— shall terminate when the information sought is ‘‘(A) determines that an emergency situation (A) by striking paragraphs (2) and (11); obtained, when the application for the order is exists with respect to the employment of a phys- (B) by redesignating paragraphs (3) through denied, or after the expiration of 7 days from ical search to obtain foreign intelligence infor- (10) as paragraphs (2) through (9), respectively; the time of authorization by the Attorney Gen- mation before an order authorizing such phys- (C) in paragraph (5), as redesignated by sub- eral, whichever is earliest. ical search can with due diligence be obtained; paragraph (B) of this paragraph, by striking ‘‘(4) A denial of the application made under ‘‘(B) determines that the factual basis for ‘‘detailed’’; this subsection may be reviewed as provided in issuance of an order under this title to approve (D) in paragraph (6), as redesignated by subsection 103. such physical search exists; paragraph (B) of this paragraph, in the matter ‘‘(5) In the event that such application for ap- ‘‘(C) informs, either personally or through a preceding subparagraph (A)— proval is denied, or in any other case where the designee, a judge of the Foreign Intelligence (i) by striking ‘‘Affairs or’’ and inserting ‘‘Af- electronic surveillance is terminated and no Surveillance Court at the time of such author- fairs,’’; and order is issued approving the surveillance, no ization that the decision has been made to em- (ii) by striking ‘‘Senate—’’ and inserting information obtained or evidence derived from ploy an emergency physical search; and ‘‘Senate, or the Deputy Director of the Federal such surveillance shall be received in evidence ‘‘(D) makes an application in accordance with Bureau of Investigation, if designated by the or otherwise disclosed in any trial, hearing, or this title to a judge of the Foreign Intelligence President as a certifying official—’’; other proceeding in or before any court, grand Surveillance Court as soon as practicable, but (E) in paragraph (7), as redesignated by sub- jury, department, office, agency, regulatory not more than 7 days after the Attorney General paragraph (B) of this paragraph, by striking body, legislative committee, or other authority of authorizes such physical search. ‘‘statement of’’ and inserting ‘‘summary state- the United States, a State, or political subdivi- ‘‘(2) If the Attorney General authorizes the ment of’’; sion thereof, and no information concerning emergency employment of a physical search (F) in paragraph (8), as redesignated by sub- any United States person acquired from such under paragraph (1), the Attorney General shall paragraph (B) of this paragraph, by adding surveillance shall subsequently be used or dis- require that the minimization procedures re- ‘‘and’’ at the end; and closed in any other manner by Federal officers quired by this title for the issuance of a judicial (G) in paragraph (9), as redesignated by sub- or employees without the consent of such per- order be followed. paragraph (B) of this paragraph, by striking ‘‘; son, except with the approval of the Attorney ‘‘(3) In the absence of a judicial order approv- and’’ and inserting a period; General if the information indicates a threat of ing such physical search, the physical search (2) by striking subsection (b); death or serious bodily harm to any person. shall terminate when the information sought is

VerDate Aug 31 2005 01:14 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 6333 E:\CR\FM\A12FE6.040 S12FEPT1 ccoleman on PRODPC75 with SENATE February 12, 2008 CONGRESSIONAL RECORD — SENATE S911 obtained, when the application for the order is when sitting en banc under paragraph (2))’’ the release, dissemination, or impact of toxic or denied, or after the expiration of 7 days from after ‘‘no judge designated under this sub- poisonous chemicals or their precursors; the time of authorization by the Attorney Gen- section’’; and ‘‘(3) any weapon involving a biological agent, eral, whichever is earliest. (B) in section 302(c) (50 U.S.C. 1822(c)), by in- toxin, or vector (as such terms are defined in ‘‘(4) A denial of the application made under serting ‘‘(except when sitting en banc)’’ after section 178 of title 18, United States Code); or this subsection may be reviewed as provided in ‘‘except that no judge’’. ‘‘(4) any weapon that is designed to release section 103. (c) STAY OR MODIFICATION DURING AN AP- radiation or radioactivity at a level dangerous ‘‘(5)(A) In the event that such application for PEAL.—Section 103 of the Foreign Intelligence to human life.’’. approval is denied, or in any other case where Surveillance Act of 1978 (50 U.S.C. 1803) is (b) USE OF INFORMATION.— the physical search is terminated and no order amended— (1) IN GENERAL.—Section 106(k)(1)(B) of the is issued approving the physical search, no in- (1) by redesignating subsection (f) as sub- Foreign Intelligence Surveillance Act of 1978 (50 formation obtained or evidence derived from section (g); and U.S.C. 1806(k)(1)(B)) is amended by striking such physical search shall be received in evi- (2) by inserting after subsection (e) the fol- ‘‘sabotage or international terrorism’’ and in- dence or otherwise disclosed in any trial, hear- lowing new subsection: serting ‘‘sabotage, international terrorism, or ing, or other proceeding in or before any court, ‘‘(f)(1) A judge of the court established under the international proliferation of weapons of grand jury, department, office, agency, regu- subsection (a), the court established under sub- mass destruction’’. latory body, legislative committee, or other au- section (b) or a judge of that court, or the Su- (2) PHYSICAL SEARCHES.—Section 305(k)(1)(B) thority of the United States, a State, or political preme Court of the United States or a justice of of such Act (50 U.S.C. 1825(k)(1)(B)) is amended subdivision thereof, and no information con- that court, may, in accordance with the rules of by striking ‘‘sabotage or international ter- cerning any United States person acquired from their respective courts, enter a stay of an order rorism’’ and inserting ‘‘sabotage, international such physical search shall subsequently be used or an order modifying an order of the court es- terrorism, or the international proliferation of or disclosed in any other manner by Federal of- tablished under subsection (a) or the court es- weapons of mass destruction’’. ficers or employees without the consent of such tablished under subsection (b) entered under (c) TECHNICAL AND CONFORMING AMEND- person, except with the approval of the Attorney any title of this Act, while the court established MENT.—Section 301(1) of the Foreign Intelligence General if the information indicates a threat of under subsection (a) conducts a rehearing, Surveillance Act of 1978 (50 U.S.C. 1821(1)) is death or serious bodily harm to any person. while an appeal is pending to the court estab- amended by inserting ‘‘ ‘weapon of mass de- ‘‘(B) The Attorney General shall assess com- lished under subsection (b), or while a petition struction’,’’ after ‘‘ ‘person’,’’. pliance with the requirements of subparagraph of certiorari is pending in the Supreme Court of SEC. 111. TECHNICAL AND CONFORMING AMEND- (A).’’. the United States, or during the pendency of MENTS. (c) CONFORMING AMENDMENTS.—The Foreign any review by that court. Section 103(e) of the Foreign Intelligence Sur- Intelligence Surveillance Act of 1978 (50 U.S.C. ‘‘(2) The authority described in paragraph (1) veillance Act of 1978 (50 U.S.C. 1803(e)) is 1801 et seq.) is amended— shall apply to an order entered under any provi- amended— (1) in section 304(a)(4), as redesignated by (1) in paragraph (1), by striking ‘‘105B(h) or sion of this Act.’’. subsection (b) of this section, by striking 501(f)(1)’’ and inserting ‘‘501(f)(1) or 703’’; and (d) AUTHORITY OF FOREIGN INTELLIGENCE ‘‘303(a)(7)(E)’’ and inserting ‘‘303(a)(6)(E)’’; and (2) in paragraph (2), by striking ‘‘105B(h) or SURVEILLANCE COURT.—Section 103 of the For- (2) in section 305(k)(2), by striking ‘‘303(a)(7)’’ 501(f)(1)’’ and inserting ‘‘501(f)(1) or 703’’. eign Intelligence Surveillance Act of 1978 (50 and inserting ‘‘303(a)(6)’’. U.S.C. 1803), as amended by this Act, is amend- TITLE II—PROTECTIONS FOR ELEC- SEC. 108. AMENDMENTS FOR EMERGENCY PEN ed by adding at the end the following: TRONIC COMMUNICATION SERVICE PRO- REGISTERS AND TRAP AND TRACE VIDERS DEVICES. ‘‘(h)(1) Nothing in this Act shall be considered Section 403 of the Foreign Intelligence Surveil- to reduce or contravene the inherent authority SEC. 201. DEFINITIONS. lance Act of 1978 (50 U.S.C. 1843) is amended— of the Foreign Intelligence Surveillance Court to In this title: (1) in subsection (a)(2), by striking ‘‘48 hours’’ determine, or enforce, compliance with an order (1) ASSISTANCE.—The term ‘‘assistance’’ means and inserting ‘‘7 days’’; and or a rule of such Court or with a procedure ap- the provision of, or the provision of access to, (2) in subsection (c)(1)(C), by striking ‘‘48 proved by such Court. information (including communication contents, hours’’ and inserting ‘‘7 days’’. ‘‘(2) In this subsection, the terms ‘Foreign In- communications records, or other information SEC. 109. FOREIGN INTELLIGENCE SURVEIL- telligence Surveillance Court’ and ‘Court’ mean relating to a customer or communication), facili- LANCE COURT. the court established by subsection (a).’’. ties, or another form of assistance. (a) DESIGNATION OF JUDGES.—Subsection (a) SEC. 110. WEAPONS OF MASS DESTRUCTION. (2) CONTENTS.—The term ‘‘contents’’ has the meaning given that term in section 101(n) of the of section 103 of the Foreign Intelligence Sur- (a) DEFINITIONS.— Foreign Intelligence Surveillance Act of 1978 (50 veillance Act of 1978 (50 U.S.C. 1803) is amended (1) FOREIGN POWER.—Subsection (a)(4) of sec- by inserting ‘‘at least’’ before ‘‘seven of the tion 101 of the Foreign Intelligence Surveillance U.S.C. 1801(n)). (3) COVERED CIVIL ACTION.—The term ‘‘cov- United States judicial circuits’’. Act of 1978 (50 U.S.C. 1801(a)(4)) is amended by ered civil action’’ means a civil action filed in a (b) EN BANC AUTHORITY.— inserting ‘‘, the international proliferation of Federal or State court that— (1) IN GENERAL.—Subsection (a) of section 103 weapons of mass destruction,’’ after ‘‘inter- (A) alleges that an electronic communication of the Foreign Intelligence Surveillance Act of national terrorism’’. service provider furnished assistance to an ele- 1978, as amended by subsection (a) of this sec- (2) AGENT OF A FOREIGN POWER.—Subsection tion, is further amended— ment of the intelligence community; and (b)(1) of such section 101 is amended— (B) seeks monetary or other relief from the (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and (A) in subparagraph (B), by striking ‘‘or’’ at (B) by adding at the end the following new electronic communication service provider re- the end paragraph: lated to the provision of such assistance. (B) in subparagraph (C), by striking ‘‘or’’ at ‘‘(2)(A) The court established under this sub- (4) ELECTRONIC COMMUNICATION SERVICE PRO- the end; and section may, on its own initiative, or upon the VIDER.—The term ‘‘electronic communication (C) by adding at the end the following new request of the Government in any proceeding or service provider’’ means— subparagraphs: a party under section 501(f) or paragraph (4) or (A) a telecommunications carrier, as that term ‘‘(D) engages in the international prolifera- (5) of section 703(h), hold a hearing or rehear- is defined in section 3 of the Communications tion of weapons of mass destruction, or activi- ing, en banc, when ordered by a majority of the Act of 1934 (47 U.S.C. 153); ties in preparation therefor; or judges that constitute such court upon a deter- (B) a provider of an electronic communication ‘‘(E) engages in the international proliferation mination that— service, as that term is defined in section 2510 of ‘‘(i) en banc consideration is necessary to se- of weapons of mass destruction, or activities in title 18, United States Code; cure or maintain uniformity of the court’s deci- preparation therefor, for or on behalf of a for- (C) a provider of a remote computing service, sions; or eign power; or’’. as that term is defined in section 2711 of title 18, ‘‘(ii) the proceeding involves a question of ex- (3) FOREIGN INTELLIGENCE INFORMATION.— United States Code; ceptional importance. Subsection (e)(1)(B) of such section 101 is (D) any other communication service provider ‘‘(B) Any authority granted by this Act to a amended by striking ‘‘sabotage or international who has access to wire or electronic communica- judge of the court established under this sub- terrorism’’ and inserting ‘‘sabotage, inter- tions either as such communications are trans- section may be exercised by the court en banc. national terrorism, or the international pro- mitted or as such communications are stored; When exercising such authority, the court en liferation of weapons of mass destruction’’. (E) a parent, subsidiary, affiliate, successor, banc shall comply with any requirements of this (4) WEAPON OF MASS DESTRUCTION.—Such sec- or assignee of an entity described in subpara- Act on the exercise of such authority. tion 101 is amended by inserting after subsection graph (A), (B), (C), or (D); or ‘‘(C) For purposes of this paragraph, the court (o) the following: (F) an officer, employee, or agent of an entity en banc shall consist of all judges who con- ‘‘(p) ‘Weapon of mass destruction’ means— described in subparagraph (A), (B), (C), (D), or stitute the court established under this sub- ‘‘(1) any destructive device described in sec- (E). section.’’. tion 921(a)(4)(A) of title 18, United States Code, (5) ELEMENT OF THE INTELLIGENCE COMMU- (2) CONFORMING AMENDMENTS.—The Foreign that is intended or has the capability to cause NITY.—The term ‘‘element of the intelligence Intelligence Surveillance Act of 1978 is further death or serious bodily injury to a significant community’’ means an element of the intel- amended— number of people; ligence community specified in or designated (A) in subsection (a) of section 103, as amend- ‘‘(2) any weapon that is designed or intended under section 3(4) of the National Security Act ed by this subsection, by inserting ‘‘(except to cause death or serious bodily injury through of 1947 (50 U.S.C. 401a(4)).

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SEC. 202. LIMITATIONS ON CIVIL ACTIONS FOR ‘‘(3) CONTENTS.—The term ‘contents’ has the ‘‘(1) review such certification in camera and ELECTRONIC COMMUNICATION meaning given that term in section 101(n). ex parte; and SERVICE PROVIDERS. ‘‘(4) ELECTRONIC COMMUNICATION SERVICE ‘‘(2) limit any public disclosure concerning (a) LIMITATIONS.— PROVIDER.—The term ‘electronic communication such certification, including any public order (1) IN GENERAL.—Notwithstanding any other service provider’ means— following such an ex parte review, to a state- provision of law, a covered civil action shall not ‘‘(A) a telecommunications carrier, as that ment that the conditions of subsection (a) have lie or be maintained in a Federal or State court, term is defined in section 3 of the Communica- been met, without disclosing the subparagraph and shall be promptly dismissed, if the Attorney tions Act of 1934 (47 U.S.C. 153); of subsection (a)(1) that is the basis for the cer- General certifies to the court that— ‘‘(B) a provider of electronic communication tification. (A) the assistance alleged to have been pro- service, as that term is defined in section 2510 of ‘‘(c) REMOVAL.—A civil action against a per- vided by the electronic communication service title 18, United States Code; son for providing assistance to an element of the provider was— ‘‘(C) a provider of a remote computing service, intelligence community that is brought in a (i) in connection with an intelligence activity as that term is defined in section 2711 of title 18, State court shall be deemed to arise under the involving communications that was— United States Code; Constitution and laws of the United States and (I) authorized by the President during the pe- ‘‘(D) any other communication service pro- shall be removable under section 1441 of title 28, riod beginning on September 11, 2001, and end- vider who has access to wire or electronic com- United States Code. ing on January 17, 2007; and munications either as such communications are ‘‘(d) RELATIONSHIP TO OTHER LAWS.—Nothing (II) designed to detect or prevent a terrorist transmitted or as such communications are in this section may be construed to limit any attack, or activities in preparation for a ter- stored; otherwise available immunity, privilege, or de- rorist attack, against the United States; and ‘‘(E) a parent, subsidiary, affiliate, successor, fense under any other provision of law. (ii) described in a written request or directive or assignee of an entity described in subpara- ‘‘(e) APPLICABILITY.—This section shall apply from the Attorney General or the head of an ele- graph (A), (B), (C), or (D); or to a civil action pending on or filed after the ment of the intelligence community (or the dep- ‘‘(F) an officer, employee, or agent of an enti- date of enactment of the FISA Amendments Act uty of such person) to the electronic commu- ty described in subparagraph (A), (B), (C), (D), of 2008.’’. nication service provider indicating that the ac- or (E). SEC. 204. PREEMPTION OF STATE INVESTIGA- tivity was— ‘‘(5) ELEMENT OF THE INTELLIGENCE COMMU- TIONS. (I) authorized by the President; and NITY.—The term ‘element of the intelligence Title VIII of the Foreign Intelligence Surveil- (II) determined to be lawful; or community’ means an element of the intelligence (B) the electronic communication service pro- lance Act (50 U.S.C. 1801 et seq.), as added by community as specified or designated under sec- vider did not provide the alleged assistance. section 203 of this Act, is amended by adding at tion 3(4) of the National Security Act of 1947 (50 (2) REVIEW.—A certification made pursuant to the end the following new section: U.S.C. 401a(4)). paragraph (1) shall be subject to review by a ‘‘SEC. 803. PREEMPTION. ‘‘(6) PERSON.—The term ‘person’ means— ‘‘(a) IN GENERAL.—No State shall have au- court for abuse of discretion. ‘‘(A) an electronic communication service pro- (b) REVIEW OF CERTIFICATIONS.—If the Attor- thority to— vider; or ney General files a declaration under section ‘‘(1) conduct an investigation into an elec- ‘‘(B) a landlord, custodian, or other person tronic communication service provider’s alleged 1746 of title 28, United States Code, that disclo- who may be authorized or required to furnish sure of a certification made pursuant to sub- assistance to an element of the intelligence com- assistance pursuant to— munity; section (a) would harm the national security of ‘‘(i) an order of the court established under the United States, the court shall— ‘‘(2) require through regulation or any other section 103(a) directing such assistance; means the disclosure of information about an (1) review such certification in camera and ex ‘‘(ii) a certification in writing under section parte; and electronic communication service provider’s al- 2511(2)(a)(ii)(B) or 2709(b) of title 18, United leged assistance to an element of the intelligence (2) limit any public disclosure concerning such States Code; or certification, including any public order fol- community; ‘‘(iii) a directive under section 102(a)(4), ‘‘(3) impose any administrative sanction on an lowing such an ex parte review, to a statement 105B(e), as in effect on the day before the date that the conditions of subsection (a) have been electronic communication service provider for of the enactment of the FISA Amendments Act assistance to an element of the intelligence com- met, without disclosing the subparagraph of of 2008 or 703(h). subsection (a)(1) that is the basis for the certifi- munity; or ‘‘(7) STATE.—The term ‘State’ means any ‘‘(4) commence or maintain a civil action or cation. State, political subdivision of a State, the Com- (c) NONDELEGATION.—The authority and du- other proceeding to enforce a requirement that monwealth of Puerto Rico, the District of Co- an electronic communication service provider ties of the Attorney General under this section lumbia, and any territory or possession of the shall be performed by the Attorney General (or disclose information concerning alleged assist- United States, and includes any officer, public ance to an element of the intelligence commu- Acting Attorney General) or a designee in a po- utility commission, or other body authorized to sition not lower than the Deputy Attorney Gen- nity. regulate an electronic communication service ‘‘(b) SUITS BY THE UNITED STATES.—The eral. provider. (d) CIVIL ACTIONS IN STATE COURT.—A cov- United States may bring suit to enforce the pro- ‘‘SEC. 802. PROCEDURES FOR IMPLEMENTING ered civil action that is brought in a State court visions of this section. STATUTORY DEFENSES. ‘‘(c) JURISDICTION.—The district courts of the shall be deemed to arise under the Constitution ‘‘(a) REQUIREMENT FOR CERTIFICATION.— United States shall have jurisdiction over any and laws of the United States and shall be re- ‘‘(1) IN GENERAL.—Notwithstanding any other civil action brought by the United States to en- movable under section 1441 of title 28, United provision of law, no civil action may lie or be force the provisions of this section. States Code. maintained in a Federal or State court against ‘‘(d) APPLICATION.—This section shall apply (e) RULE OF CONSTRUCTION.—Nothing in this any person for providing assistance to an ele- to any investigation, action, or proceeding that section may be construed to limit any otherwise ment of the intelligence community, and shall be is pending on or filed after the date of enact- available immunity, privilege, or defense under promptly dismissed, if the Attorney General cer- ment of the FISA Amendments Act of 2008.’’. any other provision of law. tifies to the court that— SEC. 205. TECHNICAL AMENDMENTS. (f) EFFECTIVE DATE AND APPLICATION.—This ‘‘(A) any assistance by that person was pro- section shall apply to any covered civil action The table of contents in the first section of the vided pursuant to an order of the court estab- Foreign Intelligence Surveillance Act of 1978 (50 that is pending on or filed after the date of en- lished under section 103(a) directing such assist- actment of this Act. U.S.C. 1801 et seq.), as amended by section ance; 101(b), is further amended by adding at the end SEC. 203. PROCEDURES FOR IMPLEMENTING ‘‘(B) any assistance by that person was pro- the following: STATUTORY DEFENSES UNDER THE vided pursuant to a certification in writing ‘‘TITLE VIII—PROTECTION OF PERSONS FOREIGN INTELLIGENCE SURVEIL- under section 2511(2)(a)(ii)(B) or 2709(b) of title LANCE ACT OF 1978. ASSISTING THE GOVERNMENT 18, United States Code; The Foreign Intelligence Surveillance Act of ‘‘(C) any assistance by that person was pro- ‘‘Sec. 801. Definitions. 1978 (50 U.S.C. 1801 et seq.), as amended by sec- vided pursuant to a directive under sections ‘‘Sec. 802. Procedures for implementing statu- tion 101, is further amended by adding after title 102(a)(4), 105B(e), as in effect on the day before tory defenses. VII the following new title: ‘‘Sec. 803. Preemption.’’. the date of the enactment of the FISA Amend- ‘‘TITLE VIII—PROTECTION OF PERSONS ments Act of 2008, or 703(h) directing such as- TITLE III—OTHER PROVISIONS ASSISTING THE GOVERNMENT sistance; or SEC. 301. SEVERABILITY. ‘‘SEC. 801. DEFINITIONS. ‘‘(D) the person did not provide the alleged If any provision of this Act, any amendment ‘‘In this title: assistance. made by this Act, or the application thereof to ‘‘(1) ASSISTANCE.—The term ‘assistance’ means ‘‘(2) REVIEW.—A certification made pursuant any person or circumstances is held invalid, the the provision of, or the provision of access to, to paragraph (1) shall be subject to review by a validity of the remainder of the Act, any such information (including communication contents, court for abuse of discretion. amendments, and of the application of such pro- communications records, or other information ‘‘(b) LIMITATIONS ON DISCLOSURE.—If the At- visions to other persons and circumstances shall relating to a customer or communication), facili- torney General files a declaration under section not be affected thereby. ties, or another form of assistance. 1746 of title 28, United States Code, that disclo- SEC. 302. EFFECTIVE DATE; REPEAL; TRANSITION ‘‘(2) ATTORNEY GENERAL.—The term ‘Attorney sure of a certification made pursuant to sub- PROCEDURES. General’ has the meaning give that term in sec- section (a) would harm the national security of (a) IN GENERAL.—Except as provided in sub- tion 101(g). the United States, the court shall— section (c), the amendments made by this Act

VerDate Aug 31 2005 01:14 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 6333 E:\CR\FM\A12FE6.040 S12FEPT1 ccoleman on PRODPC75 with SENATE February 12, 2008 CONGRESSIONAL RECORD — SENATE S913 shall take effect on the date of the enactment of tion pursuant to such authorization or directive electronic surveillance capabilities are, this Act. shall be deemed not to constitute electronic sur- to learn what guidelines and protec- (b) REPEAL.— veillance (as that term is defined in section tions there are to protect the privacy (1) IN GENERAL.—Except as provided in sub- 101(f) of the Foreign Intelligence Surveillance rights and constitutional rights of section (c), sections 105A, 105B, and 105C of the Act of 1978, to the extent that such section 101(f) Foreign Intelligence Surveillance Act of 1978 (50 is limited by section 701 of the Foreign Intel- American citizens and help us pass this U.S.C. 1805a, 1805b, and 1805c) are repealed. ligence Surveillance Act of 1978, as so amended). bill. (2) TABLE OF CONTENTS.—The table of con- (4) USE OF INFORMATION ACQUIRED UNDER This is a bill which I hope we will at tents in the first section of the Foreign Intel- PROTECT AMERICA ACT.—Information acquired least, in large part, find the House ligence Surveillance Act of 1978 (50 U.S.C. 1801 from an acquisition conducted under the Protect agreeable to and that we can send it to et seq.) is amended by striking the items relating America Act of 2007, and the amendments made the President. This has been a very to sections 105A, 105B, and 105C. by that Act, shall be deemed to be information long procedure. The chairman just (c) TRANSITIONS PROCEDURES.— acquired from an electronic surveillance pursu- pointed out that we have been working (1) PROTECTION FROM LIABILITY.—Notwith- ant to title I of the Foreign Intelligence Surveil- standing subsection (b)(1), subsection (l) of sec- lance Act of 1978 (50 U.S.C. 1801 et seq.) for pur- on this almost a year. We worked very tion 105B of the Foreign Intelligence Surveil- poses of section 106 of that Act (50 U.S.C. 1806), hard after the August recess to come lance Act of 1978 shall remain in effect with re- except for purposes of subsection (j) of such sec- up with a good bill. I know we had spect to any directives issued pursuant to such tion. some very warmly felt and vigorously section 105B for information, facilities, or assist- (5) NEW ORDERS.—Notwithstanding any other argued amendments, but the fact that ance provided during the period such directive provision of this Act or of the Foreign Intel- these would make it difficult for the was or is in effect. ligence Surveillance Act of 1978— (2) ORDERS IN EFFECT.— intelligence community to collect the (A) the government may file an application intelligence necessary to protect our (A) ORDERS IN EFFECT ON DATE OF ENACT- for an order under the Foreign Intelligence Sur- MENT.—Notwithstanding any other provision of veillance Act of 1978, as in effect on the day be- interests, our allies, our troops abroad, this Act or of the Foreign Intelligence Surveil- fore the date of the enactment of the Protect and us here at home led a significant lance Act of 1978— America Act of 2007, except as amended by sec- bipartisan majority to improve it. (i) any order in effect on the date of enact- tions 102, 103, 104, 105, 106, 107, 108, 109, and 110 Again, my sincere thanks to the lead- ment of this Act issued pursuant to the Foreign of this Act; and Intelligence Surveillance Act of 1978 or section ership on both sides for allowing us to (B) the court established under section 103(a) get to this important measure. We 6(b) of the Protect America Act of 2007 (Public of the Foreign Intelligence Surveillance Act of Law 110–55; 121 Stat. 556) shall remain in effect hope we will have a conference report, 1978 shall enter an order granting such an ap- if necessary, or a measure from the until the date of expiration of such order; and plication if the application meets the require- (ii) at the request of the applicant, the court ments of such Act, as in effect on the day before House that we can pass before the end established under section 103(a) of the Foreign the date of the enactment of the Protect America of the week. Intelligence Surveillance Act of 1978 (50 U.S.C. Act of 2007, except as amended by sections 102, So, Madam President, my sincere 1803(a)) shall reauthorize such order if the facts 103, 104, 105, 106, 107, 108, 109, and 110 of this thanks to Members on both sides and and circumstances continue to justify issuance Act. of such order under the provisions of such Act, particularly our great staffs on both (6) EXTANT AUTHORIZATIONS.—At the request sides. as in effect on the day before the date of the en- of the applicant, the court established under actment of the Protect America Act of 2007, ex- I thank the Chair, and I yield the section 103(a) of the Foreign Intelligence Sur- floor. cept as amended by sections 102, 103, 104, 105, veillance Act of 1978 shall extinguish any extant 106, 107, 108, 109, and 110 of this Act. authorization to conduct electronic surveillance The PRESIDING OFFICER. The (B) ORDERS IN EFFECT ON DECEMBER 31, 2013.— or physical search entered pursuant to such Democratic leader. Any order issued under title VII of the Foreign Act. f Intelligence Surveillance Act of 1978, as amend- (7) APPLICABLE PROVISIONS.—Any surveillance ed by section 101 of this Act, in effect on Decem- conducted pursuant to an order entered pursu- UNANIMOUS-CONSENT REQUEST— ber 31, 2013, shall continue in effect until the ant to this subsection shall be subject to the pro- S. 2615 date of the expiration of such order. Any such visions of the Foreign Intelligence Surveillance order shall be governed by the applicable provi- Mr. REID. Madam President, as I in- Act of 1978, as in effect on the day before the sions of the Foreign Intelligence Surveillance dicated I would earlier today, I will ask date of the enactment of the Protect America Act of 1978, as so amended. unanimous consent to extend the law Act of 2007, except as amended by sections 102, (3) AUTHORIZATIONS AND DIRECTIVES IN EF- that is now in effect. I wish to extend 103, 104, 105, 106, 107, 108, 109, and 110 of this FECT.— Act. that 15 days to see if we can work out (A) AUTHORIZATIONS AND DIRECTIVES IN EF- (8) TRANSITION PROCEDURES CONCERNING THE something more with the House. FECT ON DATE OF ENACTMENT.—Notwithstanding TARGETING OF UNITED STATES PERSONS OVER- So I ask unanimous consent that the any other provision of this Act or of the Foreign SEAS.—Any authorization in effect on the date Senate proceed to the immediate con- Intelligence Surveillance Act of 1978, any au- of enactment of this Act under section 2.5 of Ex- thorization or directive in effect on the date of sideration of Calendar No. 571, S. 2615; ecutive Order 12333 to intentionally target a the enactment of this Act issued pursuant to the the bill be read a third time and United States person reasonably believed to be Protect America Act of 2007, or any amendment passed; and the motion to reconsider be located outside the United States shall remain made by that Act, shall remain in effect until laid upon the table with no intervening in effect, and shall constitute a sufficient basis the date of expiration of such authorization or for conducting such an acquisition targeting a action or debate. directive. Any such authorization or directive United States person located outside the United The PRESIDING OFFICER. The Re- shall be governed by the applicable provisions of States until the earlier of— publican leader. the Protect America Act of 2007 (121 Stat. 552), (A) the date that authorization expires; or Mr. MCCONNELL. Reserving the and the amendment made by that Act, and, ex- (B) the date that is 90 days after the date of cept as provided in paragraph (4) of this sub- right to object, let me just make the the enactment of this Act. section, any acquisition pursuant to such au- point once again that we just passed thorization or directive shall be deemed not to Mr. ROCKEFELLER. Madam Presi- this bill 68 to 29 in its initial form, constitute electronic surveillance (as that term is dent, I suggest the absence of a which was preserved on the Senate defined in section 101(f) of the Foreign Intel- quorum. floor. It came out of the Intelligence ligence Surveillance Act of 1978 (50 U.S.C. The PRESIDING OFFICER. Without Committee 13 to 2. This is the Rocke- 1801(f)), as construed in accordance with section objection, it is so ordered. feller-Bond bipartisan, overwhelmingly 105A of the Foreign Intelligence Surveillance Mr. BOND. Madam President, I ask supported bill coming out of the Sen- Act of 1978 (50 U.S.C. 1805a)). (B) AUTHORIZATIONS AND DIRECTIVES IN EF- unanimous consent that the order for ate. FECT ON DECEMBER 31, 2013.—Any authorization the quorum call be rescinded. The current law does not expire until or directive issued under title VII of the Foreign The PRESIDING OFFICER. Without Saturday. It is still my hope that the Intelligence Surveillance Act of 1978, as amend- objection, it is so ordered. House, and particularly when you con- ed by section 101 of this Act, in effect on Decem- Mr. BOND. Madam President, again I sider the fact that 21 House Democrats, ber 31, 2013, shall continue in effect until the rise to thank Chairman ROCKEFELLER, so-called Blue Dog Democrats, have in- date of the expiration of such authorization or the members of the committee on both dicated to the Speaker in writing that directive. Any such authorization or directive sides, and our very able staffs for a lot they would like to see the Senate bill shall be governed by the applicable provisions of the Foreign Intelligence Surveillance Act of of hard work, particularly by members passed—the Rockefeller-Bond bill 1978, as so amended, and, except as provided in of the committee but by many Mem- taken up and passed by the House—I section 707 of the Foreign Intelligence Surveil- bers who are not on the committee, think it is just premature for an exten- lance Act of 1978, as so amended, any acquisi- who took their time to learn what the sion, Madam President. I think there is

VerDate Aug 31 2005 02:50 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.040 S12FEPT1 ccoleman on PRODPC75 with SENATE S914 CONGRESSIONAL RECORD — SENATE February 12, 2008 still at least a chance the House might Whether it was the fight to deseg- 199TH ANNIVERSARY OF ABRAHAM conclude that we have done a terrific regate public schools or to secure equal LINCOLN’S BIRTH piece of work, and they could very well voting rights or the passing of the 1964 Mr. DURBIN. Mr. President, in her consider the option, as the Blue Dogs Civil Rights Act, the NAACP has re- book ‘‘Team of Rivals,’’ Doris Kearns have suggested, of taking up the meas- mained at the forefront of the struggle Goodwin tells a story that illustrates ure and sending it on down to the for justice. Even when this body, this the extraordinary, transcendent power President for signature. Senate, did not do the right thing, the of Abraham Lincoln’s faith in human So for the moment, Madam Presi- NAACP continued to fight for equal freedom and democracy. dent, I object. rights and equal opportunity. It is a story about something that oc- The PRESIDING OFFICER. Objec- This is a struggle that continues curred in 1908, 100 years ago. The Rus- tion is heard. today. Discrimination in housing has sian novelist Leo Tolstoy had been en- Mr. REID. Madam President, I sug- continued a legacy of segregation in tertaining some Caucasus tribesmen gest the absence of a quorum. many of our neighborhoods and many for hours with tales of Alexander the The PRESIDING OFFICER. The of our schools. Discrimination in hous- Great, Julius Caesar, and Napoleon. clerk will call the roll. ing finance has led to disproportionate When he finished, a chief stood and The legislative clerk proceeded to numbers of African-American and asked Tolstoy to speak about the call the roll. greatest of all heroes, a man who Mr. BROWN. Madam President, I ask Latino borrowers being stuck with ‘‘spoke with a voice of thunder . . . unanimous consent that the order for predatory loans that are falling into laughed like a sunrise and his deeds the quorum call be rescinded. forclosure at record rates. The PRESIDING OFFICER. Without Black young people are more likely were as strong as the rock.’’ Tell them, objection, it is so ordered. than their peers to attend failing the chief implored, about Abraham Mr. BROWN. I ask unanimous con- schools. A new wave of barriers to vot- Lincoln. sent to speak as in morning business. ing rights has appeared in the form of Tolstoy would later write, ‘‘That lit- The PRESIDING OFFICER. Without vote caging, deceptive practices, and tle incident proves how largely the objection, it is so ordered. unreasonable voter ID laws. I saw some name of Lincoln is worshipped throughout the world.... He was not f of those in the 1980s as Ohio Secretary of State. They happened in New Jersey, a great general like Washington or Na- COMMEMORATING THE 99TH they happened in Louisiana, they hap- poleon; he was not such a skillful ANNIVERSARY OF THE NAACP pened in the North, they happened in statesman as Gladstone or Frederick Mr. BROWN. Madam President, 99 the South. They are still happening. the Great, but his supremacy expresses years ago today, a group of courageous African Americans make up about 13 itself altogether in his peculiar moral individuals came together to form the percent of our population but account power and in the greatness of his char- National Association for the Advance- for over 50 percent of the prison popu- acter. ‘‘Washington was a typical ment of Colored People. lation. American. Napoleon was a typical The year of 1909 was the centennial of Frenchman. But Lincoln,’’ Tolstoy In times such as these, the NAACP is Abraham Lincoln’s birth. Fewer than wrote, ‘‘was a humanitarian as broad needed more than ever. Fortunately, in 50 years removed from the signing of as the world.’’ my home State of Ohio and across the the Emancipation Proclamation and Today marks the 199th anniversary Nation, NAACP chapters continue the carnage of the Civil War, the prom- of Abraham Lincoln’s birth. This past their fight for justice and equality. In ise and price of that struggle must weekend was also the official opening Lorain, in Mansfield, in Toledo, in have still been fresh on the minds of of a 2-year bicentennial celebration of Cleveland and Columbus, they continue many Americans. the Abraham Lincoln Bicentennial. In The ‘‘Call for the Lincoln Emanci- that fight. Harlan County, KY, where Lincoln was pation Conference in 1909’’ was de- The Ohio NAACP Prison Program is born in bitter poverty, Lincoln schol- signed to take stock of the progress changing the lives and helping to reha- ars and admirers gathered to discuss since the end of the Civil War. bilitate hundreds of inmates. NAACP and celebrate Lincoln’s life and legacy. The conclusion of the 60 organizers, members across the State are reg- This evening in Springfield, IL, the among them the mayor of Toledo, and istering voters and run afterschool pro- Abraham Lincoln Association will hold the president of Western Reserve Uni- grams. its annual meeting to once again re- versity in Cleveland, the conclusion The Cincinnati NAACP chapter is flect on the life of Abraham Lincoln in was that Lincoln would have been dis- holding public forums to foster a better his hometown. heartened by the Nation’s failure to se- relationship between the community I express my personal thanks to cure equality of law and equality of op- and the police department. Through Judge Tommy Turner who has worked portunity without respect to color. programs such as these, our commu- tirelessly with so many dedicated Ken- They faced rampant Jim Crow dis- nities are stronger, our neighborhoods tuckians to put together today’s kick- crimination, conducted with the bless- are stronger, our Nation is stronger. off in Harlan County. ing of the Supreme Court. The country As a life member of the NAACP, I am First Lady Laura Bush was to have was plagued by race riots and proud to support its efforts to protect spoken at the kickoff. Unfortunately, lynchings in every region, even in Lin- our rights to increase opportunities for the icy weather forced postponement. coln’s hometown of Springfield, IL. all Americans. As the founders ob- It will be rescheduled. She will be re- The founders of the NAACP underserved 99 years ago, this Government turning to the Abraham Lincoln Birth- stood that if true equality was to be cannot exist half slave and half free place National Historic Site in had, the spirit of the abolitionists must any better today than it could in 1861. Hodgenville, KY. be revived. So long as the North re- I hope my colleagues will join me President Lincoln kept a place in his mained silent about the conditions in today in commemorating the NAACP’s heart for Kentucky all his life, and the South, it was supplying tacit ap- 99th anniversary. there must be a special place for Ken- proval. I yield the floor, and I suggest the ab- tucky in the Lincoln Bicentennial They wrote: sence of a quorum. Celebration. I also thank my colleague, Senator Jim Bunning, who is a member Discrimination once permitted cannot be The PRESIDING OFFICER (Mr. bridled. Recent history shows that in forging of the Abraham Lincoln Bicentennial MENENDEZ.) The clerk will call the roll. chains for the Negroes, the white voters are Commission. I know how hard he forging chains for themselves. The bill clerk proceeded to call the worked to make this kickoff a success They met, they organized, and they roll. in his home State. spoke out. For almost a century the Mr. DURBIN. I ask unanimous con- Over the next 2 years, hundreds of NAACP has led the fight for equality, sent that the order for the quorum call special events and celebrations will be continually working to ensure political be rescinded. held in cities and towns across America and educational and social and eco- The PRESIDING OFFICER. Without to remind all of us who Lincoln was nomic equality for persons of all races. objection, it is so ordered. and what he meant and still means to

VerDate Aug 31 2005 02:50 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.056 S12FEPT1 ccoleman on PRODPC75 with SENATE February 12, 2008 CONGRESSIONAL RECORD — SENATE S915 America and the world. Coordinating State capitol, is an amazing place, re- We saw a glimpse of that desire in many of these events will be the Abra- stored and visited by so many because the dark days after 9/11. Sometimes we ham Lincoln Bicentennial Commission, of its meaning in his daily life as an or- wondered if we could ever recover that which I am honored to cochair with dinary lawyer in central Illinois, the sense of national unity and purpose. Harold Holzer, a noted Lincoln scholar old State capitol building where he But look what is happening today. from New York, and my fellow Illi- warned prophetically that a House di- There is a deep longing in America noisan, Representative Ray LaHood. vided could not stand. This beautiful today to transcend old divisions in Ray deserves special credit because it building was restored in 1976 as part of order to meet our new challenges. It is was his idea to create this commission our bicentennial. The old State capitol a longing that goes far beyond political to honor Illinois’s favorite son in our is one of my favorite in the State of Il- parties and labels of all kinds. We have land of Lincoln. For 12 years before I linois. not forgotten the principles on which was elected to the Senate I had the My special thanks to a good friend of our Nation was founded, nor have we privilege of holding the same seat Lin- mine, an architect named Earl Wallace forgotten the lessons Abraham Lincoln coln once held in the U.S. House of Henderson III, who was called on to do taught us. Our unity is our strength. Representatives, a seat now held by a magnificent job of restoring and re- Together we can overcome any chal- Congressman LAHOOD. modeling that old State capitol. And lenge. We can finish the unfinished Abraham Lincoln was, I believe, now, just a couple blocks away, my work of America and become a ‘‘more America’s greatest President. Our pride and joy as an elected official perfect union.’’ Founders decreed that we are all en- from Springfield, IL, is the Abraham f dowed with an inalienable right to lib- Lincoln Presidential Library and Mu- MORNING BUSINESS erty, but they could not reconcile their seum. It is just 3 years old. It is al- noble ideals with the ignoble practice ready the most visited Presidential li- Mr. DURBIN. Mr. President, I ask of slavery. Abraham Lincoln helped brary in America. I love that place. I unanimous consent that the Senate give meaning to our national creed of go to a lot of museums and Presi- proceed to a period of morning busi- ‘‘liberty and justice for all.’’ He steered dential museums. I don’t know of an- ness, with Senators permitted to speak America through the most profound other one, though, that really captures for up to 10 minutes each. moral crisis in our history and the the spirit of the President so effec- The PRESIDING OFFICER. Without bloodiest war. His leadership saved the tively and lures children in for beau- objection, it is so ordered. Union, and his vision redefined what it tiful exhibits and movies that they f don’t forget. Kids walk out of the Abra- meant to be an American. REMEMBERING CONGRESSMAN ham Lincoln Museum with their moms The goal of the Abraham Lincoln Bi- TOM LANTOS centennial Commission is to help and dads and say: Can we go back? It Mrs. BOXER. Mr. President, Cali- Americans and people around the world warms my heart every time I hear of fornia and the entire Nation lost a re- to gain a better understanding of this the record numbers of people who are markable leader yesterday with the complex and heroic man. We want to visiting. passing of my friend, Congressman TOM foster a resolve among Americans from It was also in Springfield that a 28- LANTOS. all backgrounds to continue the work year-old Lincoln, a member of the State legislature, delivered a speech From his leadership as chairman of Abraham Lincoln started. I think the the House Committee on Foreign Af- Gettysburg Address may be the great- that still speaks powerfully to us today. We know it as the Lyceum Ad- fairs to his founding of the Congres- est speech I have ever read. I memo- sional Human Rights Caucus, Congress- rized it in grade school. I refer to it so dress. Lincoln was told to speak about whatever he liked. He chose as his sub- man LANTOS went about his work with many times, and realize, in an econ- a dignity and a seriousness that tran- omy of words, Abraham Lincoln speak- ject ‘‘the perpetuation of our political institutions.’’ He expressed a concern scended politics. In a time of bitter di- ing almost impromptu really captured that would later be echoed many times: visions, he earned the respect of col- great meaning for so many Americans. What would happen to America when leagues from both sides of the aisle. He challenged all of us to rededicate its Founding Fathers and those who As a survivor of the Holocaust, Con- our lives ‘‘to the unfinished work’’ for fought to gain our liberty were gone? gressman LANTOS brought to Congress which ‘‘the brave men, living and How could we sustain America if new a profound personal commitment to dead’’ had sacrificed so much on the generations had no knew leaders to in- human rights. We will remember not hallowed ground of battle in Gettys- spire them with original ideas of our only his courage and his optimism, but burg, PA. Republic? Until then, the truth and also his deep affection for his adopted How much of the work of true democ- terrible costs of America’s revolution country. He leaves behind a legacy of racy remains unfinished today? How could always be seen—in Lincoln’s hope and inspiration. can we summon, as Lincoln said, ‘‘the words—‘‘in the form of a husband, a fa- On a personal level, it was an honor better angels of our nature’’ to meet ther, a son or a brother. . . . A living to call TOM a colleague and a friend. I the challenges of our time? Those are history was to be found in every family was proud to work with him on so the discussions the Abraham Lincoln . . . in the limbs mangled, [and] in the many important issues. Bicentennial Commission hopes to fos- scars of wounds received . . . ’’ I remember working with him to se- ter as America prepares to celebrate Lincoln went on to say: cure funding to build a tunnel to by- the bicentennial of the birth of its But those histories are gone. They were pass a section of Route 1 that was so greatest President. the pillars of liberty; and now that they have frequently closed by landslides that it I encourage everyone to go to the crumbled away, that temple must fall—un- was known as ‘‘Devil’s Slide.’’ It took Commission’s Web site at less we, their descendants, supply their place years, but they broke ground on the www.lincolnbicentennial.com, learn with other pillars. tunnel in November. And it is a fitting more about Lincoln and about how I would like to think that Lincoln tribute to the passion with which he your community can plan to celebrate would be relieved if he could see this served his constituents that there is a his birthday. President Lincoln’s great Nation today. We are 170 years bill before the State senate to name adopted hometown of Springfield is further removed from our Founders that tunnel in his honor. also my adopted hometown. I have than we were when the young Lincoln Congressman LANTOS was a true lived there almost 40 years now. If you spoke those words at the Lyceum, but statesman, and we will miss him. My have ever been there, you know that America is still filled with patriots heart goes out to his family during this around every corner in downtown who know and are willing to defend our time of grief. They are in our thoughts Springfield is another powerful re- founding principles. There are many of and in our prayers. minder of Abe Lincoln. The small us, and we are vastly more diverse than f house at the corner of 8th and Jackson, the Americans of Lincoln’s time, but the only home Lincoln ever owned, is there is still in us a deep and pas- APPROPRIATIONS EARMARKS just a block away from my Senate of- sionate longing to be one nation, one Mr. SPECTER. Mr. President, on Oc- fice. His law office, right near the old people, undivided. tober 23, 2007, Senator DEMINT and I

VerDate Aug 31 2005 02:50 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.059 S12FEPT1 ccoleman on PRODPC75 with SENATE S916 CONGRESSIONAL RECORD — SENATE February 12, 2008 had a debate in the Senate on Senator tenure in the Senate of more than 3 Chad served his country with honor DEMINT’s amendment to strike $3.7 years and do not question his integrity. and that we are all grateful for his million in grants in the Appropriations Mr. SPECTER. I thank Senator courage, sacrifice, and daily heroism. bill for Labor, Health and Human Serv- DEMINT for his candid and forceful May his legacy always endure. ices and Education with $2.2 million statements which I think clear the f going to the AFL–CIO Appalachian record. ADDITIONAL STATEMENTS Council and $1.5 million to the AFL- f CIO Working for America Institute. HONORING OUR ARMED FORCES This funding applied to job-training REMEMBERING LANCE CORPORAL STAFF SERGEANT CHAD A. BARRETT programs covering some 11 States and JOHNATHON GOFFRED the District of Columbia. Mr. SALAZAR. Mr. President, I rise During the course of the debate, Sen- today to honor the service and sacrifice ∑ Mr. BAYH. Mr. President, with a ator DEMINT made the following state- of SSG Chad Barrett. Sergeant Barrett heavy heart and deep sense of grati- ment: was assigned to the 64th Brigade Sup- tude, I wish to honor the life of a brave This amendment is part of an effort to port Battalion, 3rd Brigade Combat soldier. LCpl Johnathon Goffred, 22 clear up what a lot of us have called the cul- Team, 4th Infantry Division out of years old, died unexpectedly on Janu- ture of corruption over the last several Fort Carson, CO. He died last Saturday ary 26 in Camp Pendleton, CA. years. A lot of this has come from Americans in Iraq at the age of 35. Johnathon was a dedicated soldier, lov- connecting the dots between the earmarks A native of Jonesborough, TN, Chad ing son, grandson and brother, and a that we give to our favorite causes back grew up in a family with a proud his- valued friend to many. home and many of the campaign contribu- Johnathan grew up in Johnson Coun- tions and political support that we get back tory of service. By joining the Army, here in Congress. While motivations are gen- he followed in the footsteps of his older ty, IN, with his paternal grandparents, erally good, at best the appearance of what brothers, his cousins, and his grand- Walter and MaryAnn Sparrow. He grad- is going on here has alarmed the American father, who earned the Purple Heart in uated from Center Grove High School people. World War II. in Greenwood in 2003, where he was ac- When I outlined my reasons for sup- Chad was in his 12th year of service tive in sports and assisted the Center porting these grants, Senator DEMINT and his third deployment to Iraq when Grove Little League. It was his dream replied: he died. He took on one of the most to become an Indiana State Police I agree with all the purposes the Senator dangerous jobs of the war: that of a trooper. stated, all of the ideas of getting teenagers gunner tasked with defending supply In 2005, Johnathon joined the Ma- to work in Philadelphia. All of those things convoys. Those convoys see it all: im- rines where he was a rifleman with the are good. I am not taking argument with any provised explosive devices, rocket at- 3rd Battalion, 1st Marine Regiment. of them. If the AFL–CIO is the best source to tacks, explosively formed penetrators, Johnathon served a 7-month tour of deliver these services, there should not be duty in the Anbar province of Iraq, re- any problem with this at all. All we are ask- ambushes. Protecting the convoys is a ing is to make this a competitive grant so job that takes courage, but it also turning in 2007. For his excellent serv- that we can have criteria and accountability takes a toll. In his second deployment, ice, Johnathan was awarded the Global in a system so that what we want to accom- Sergeant Barrett’s unit was attacked War on Terrorism Service Medal, the plish will actually get accomplished. 42 times. He put himself in harm’s way Iraqi Campaign Medal, the National Senator DEMINT’s amendment was and no doubt saved countless lives, but Defense Service Medal, and a Sea Serv- rejected on a 60–34 vote. each day, each mission, and each fight ice Deployment Ribbon. His comrades After the floor debate and vote were has a cost that we often forget. How- remember him as a devoted friend who over, Senator DEMINT and I discussed ever steely one’s nerves or how strong was generous with all he had. One of the issues in the debate. Senator one’s will, the daily sacrifices of our his fellow servicemen described him as DEMINT stated that he was not sug- soldiers do cause wounds and injuries the type of person who would give you gesting any corrupt practice or inap- of their own. These wounds are some- the shirt off his back if you needed it. propriate conduct by me, but only that times less visible than those of a bullet Johnathan is survived by his mother, it was preferable to use the funds for or a blast, but they are no less painful Angie Martin Goffred; his paternal competitive bids. Senator DEMINT and and certainly no less deadly. grandparents, Walter and MaryAnn I agreed that it would be useful to cor- Mr. President, the daily heroics of Sparrow; his maternal grandfather, rect any misimpressions by having this Chad’s service in Iraq will be remem- Bill Goffred; his seven brothers, Dale, colloquy for the RECORD. bered long after the words from this Shawn, Nick, Tom, Wes and Kragen Mr. DEMINT. Senator SPECTER has floor fade. This was a lesson of our 16th Sparrow and Michael Paul; and his correctly stated the conversation President, Abraham Lincoln, as he eight sisters, Tina Seril, Mellisa, Keria, which we had after the floor debate and honored the tens of thousands who per- Keisa, Quinci, Brianna, Shannon and we agreed it would be useful to have ished at Gettysburg. ‘‘The brave men, Masada Sparrow. this discussion to clear up the record. living and dead, who struggled here, Today, I join Johnathon’s family and As I told Senator SPECTER privately have consecrated it, far above our poor friends in mourning his death. While and now state publicly, I was in no way power to add or detract. The world will we struggle to bear our sorrow over suggesting that his support for these little note, nor long remember what we this loss, we can also take pride in the programs resulted from campaign con- say here, but it can never forget what example he set, bravely fighting to tributions or political support. My ref- they did here. It is for us the living, make the world a safer place. It is his erence to the ‘‘culture of corruption’’ rather, to be dedicated here to the un- courage and kindness that people will was not intended to suggest that there finished work which they who fought remember when they think of was any corruption involved in this here have thus far so nobly advanced.’’ Johnathon. Today and always, matter. In my statement, I was specific As we honor the life of Sergeant Bar- Johnathan will be remembered by fam- in not suggesting inappropriate moti- rett, may we embrace this charge and ily members, friends, and fellow sol- vations when I said ‘‘motivations are rededicate ourselves to our unfinished diers as a true American hero, and we generally good.’’ I was also careful to work and to the dream for which every honor his service to our country. focus on the ‘‘appearance’’ and not the soldier serves—that of achieving stable It is my sad duty to enter the name reality by noting it ‘‘has alarmed the and lasting peace. of LCpl Johnathon Goffred in the offi- American people.’’ As many know, my To Sergeant Barrett’s wife, Michelle, cial RECORD of the Senate for his serv- objection to earmarks has to do with his sons, Guston and Zachary, his par- ice to this country and for his profound the system itself, not the people who ents, Linda and Ronnie, and to all his commitment to freedom, democracy, participate in it. While Senator SPEC- family and friends, our thoughts and and peace. When I think about this just TER and I naturally have differences on prayers are with you. I cannot imagine cause in which we are engaged, and the issues of public policy, which is to be the pain and grief that you are feeling. unfortunate pain that comes with the expected in an institution like the Sen- In time, though, I hope your sorrow loss of our heroes, I hope that families ate, I have worked with him during my will be salved by the knowledge that like Johnathon’s can find comfort in

VerDate Aug 31 2005 02:50 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.036 S12FEPT1 ccoleman on PRODPC75 with SENATE February 12, 2008 CONGRESSIONAL RECORD — SENATE S917 the words of the prophet Isaiah who accomplishments of the Association of tine, sons Michael and Erich, and said, ‘‘He will swallow up death in vic- Idaho Cities. grandson Isaiah.∑ tory; and the Lord God will wipe away I wish Darrell well in his retirement f tears from off all faces.’’ and thank him for his exemplary years May God grant strength and peace to of public service. The residents of TRIBUTE TO DENNIS SWANSON those who mourn, and may God be with Bonners Ferry and Boundary County, ∑ Mr. LIEBERMAN. Mr. President, all of you, as I know He is with as well as the State of Idaho, have today I wish a happy 70th birthday to Johnathon.∑ gained immeasurably from Darrell’s ef- Mr. Dennis Swanson, a kind and gen- f forts and dedication.∑ erous man who has been one of the f leading innovators in television broad- RETIREMENT OF DARRELL KERBY casting over the last 30 years. ∑ Mr. CRAPO. Mr. President, good RETIREMENT OF MARK SMITH Mr. Swanson, who currently serves as mayors are those who leave the com- ∑ Mr. HARKIN. Mr. President, today I president of stations operations at FOX munities, citizens, and environment of pay tribute to a very special Iowan and Television Stations, Inc., has been the towns they have led in better con- a truly exceptional labor leader, Mark called a ‘‘mastermind’’ of the broadcast dition than when they were first elect- Smith. Mark retired earlier this month industry. It is high praise, and very ed. An exceptional mayor is one who after serving 28 years in leadership well deserved. With keen foresight, tre- imparts a vision of what the commu- roles in the Iowa Federation of Labor. mendous business acumen, and a will- nity could be and works with the mem- He served as secretary-treasurer from ingness to take chances, Swanson has bers of his or her community and out- 1974 until 1997, and as president from improved the fortunes of every station side interests to achieve that vision. 1997 until his retirement. Throughout, he has worked for. Most importantly, There are examples of this across my he has remained a member of the he did this not by offering viewers pro- State of Idaho, and the outgoing mayor American Federation of Teachers, grams that appealed to the lowest com- of Bonners Ferry, Darrell Kerby, is one Local 716. mon denominator, but instead he de- such remarkable example. Prior to coming to the Iowa Federa- veloped creative, high-quality pro- Darrell is retiring from public service tion of Labor, Mark spent 5 years as an gramming that appealed to the needs after serving the citizens of Bonners instructor at the University of Iowa’s of the stations’ communities. Ferry for over 20 years, first on the Labor Center, where he taught up-and- In 1976, Swanson was hired as execu- city council and most recently as coming union leaders about labor law, tive producer of KABC, Los Angeles’ mayor. He is known to city employees labor history, communication, leader- ABC affiliate. At that time, the station and the public as a man of outstanding ship, economics, and public policy. had never finished higher than third in character, courtesy, kindness, and con- Mark may have left the classroom, but local news ratings, and Swanson saw fidence. His leadership has been he never stopped being a teacher and that the station needed to do some- marked by a penchant for conviction mentor. He has always believed strong- thing to offers its viewers a new per- tempered in small-town graciousness. ly that to achieve real successes for spective. In 1977, with the debate over He was at the helm in 2003 when working families and to advance a pro- Proposition 13 raging throughout Cali- Bonners Ferry was selected as Idaho’s gressive public policy agenda, it is crit- fornia, Swanson invited the measure’s Most Friendly Town by travelers and ical to train people to organize and ad- author, Howard Jarvis, to come on the tourists. He was instrumental in the vocate for themselves. 5 p.m. newscast and debate the meas- revitalization of downtown Bonners Throughout his distinguished tenure ure’s opponents every day for a month. Ferry through the construction of the as IFL president, Mark was respected In addition, Swanson worked hard to tunnel connecting the downtown busi- for his keen intelligence and his direct, improve the quality of the station’s re- ness area to the Kootenai River Inn. He honest, feisty style of doing business. porting. These efforts paid off when in promoted the construction of the Inter- He understood the political system, 1978 he was awarded the George Foster national Gateway Visitors Center, im- and how to get things done. He didn’t Peabody Award, the most prestigious proved parking in the downtown busi- believe in top-down political engage- award in broadcasting, for KABC’s re- ness district, secured improvements to ment; he believed in organizing and porting on the Los Angeles Police De- and expansion of the city water system empowering people at the grass roots partment. KABC became the No. 1 sta- that included obtaining a critical Fed- to fight for a brighter future—and to tion in the region, and Swanson was eral grant, led improvements to the win. promoted to station manager in 1981. city powerplant, and fueled positive Mark is a proud progressive, with a In 1983, Swanson was asked to take city growth. passion for economic and social justice. over WLS–TV, an ABC owned and oper- Darrell’s participation in the commu- He is also a passionate believer in ated station in Chicago with low rat- nity extends beyond his mayoral office. bringing people together in collective ings. It is here that Swanson made per- He has served or serves on the Bound- action, whether in the political arena, haps the best broadcasting decision of ary Regional Health Center Board of at the bargaining table, or in the com- his career and one that reveals his Directors, the Idaho Board of Health & munity. He has devoted his life to strong character. Impressed by her au- Welfare, the Association of Idaho Cit- building stronger unions because he be- dition, Swanson offered a morning ies, the Idaho Energy Resources Au- lieves that they are an ideal vehicle for show to a woman from Baltimore with thority, the Boundary County Eco- effecting positive change for ordinary a unique name. As Swanson recalled nomic Development Committee, and people. years later, Oprah Winfrey wasn’t sure the Kootenai Valley Resource Initia- For many years, I have counted on she was ready for such a job. She was tive Committee, a collaborative effort Mark for his friendship, counsel, and concerned that her color and appear- that I have been pleased to work with support—and that will not change. But ance would prevent her from winning him on over the years. Speaking of the his retirement is a tremendous loss for over viewers. Swanson would have none Kootenai Valley Resource Initiative, working families and for the labor of that, ‘‘I’m not in the color busi- Darrell has been instrumental in keep- movement in Iowa. In the Bible, it says ness,’’ he told her. He assured her that ing my staff informed and involved as that ‘‘if the trumpet gives an uncertain he didn’t want her to change her ap- the stakeholders involved work to col- sound, who will prepare himself for pearance, but to simply ‘‘be the person laboratively manage the natural re- battle?’’ For more than a decade as I saw audition.’’ sources of the Kootenai Valley and president of the Iowa Federation of As we all know, the decision to hire begin restoration work on the Myrtle Labor, there has been nothing uncer- Oprah was an unqualified success, Creek Watershed after the devastating tain about Mark Smith’s trumpet. He rocketing WLS to the top of the Chi- fire in 2003. has been a great labor leader, and a cago market and eventually reaping Darrell received the Harold Hurst strong, unwavering voice for progres- billions in revenues for ABC. It also Award in 2007 for exemplary perform- sive change. I wish him a long and launched the career of one of the most ance by a city official and has contrib- happy retirement with his family, in- influential and inspirational figures in uted in an outstanding manner to the cluding wife Marty, daughter Chris- America today.

VerDate Aug 31 2005 02:50 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.027 S12FEPT1 ccoleman on PRODPC75 with SENATE S918 CONGRESSIONAL RECORD — SENATE February 12, 2008 In 1986, Swanson moved to New York mote minority voices in the media, ference first team four times, named to take the helm at ABC Sports. Dur- serving as chairman of the Emma L. the Argus Leader player of the year, ing his tenure, ABC’s top sports pro- Bowen Foundation for Minority Inter- and chosen for the State ‘‘B’’ Tour- gram, ‘‘Monday Night Football,’’ be- ests in the Media since its founding in nament All-Tourney team. Through his came one of America’s top-rated 1991. hard work, leadership, athletic abili- primetime programs, consistently Those who know him best say Mr. ties, and a great supporting cast Louie ranking in the top-10 highest rated Swanson has two passions: his family has helped the Tigers become one of shows. He also pulled one of the most and the U.S. Marine Corps. Having South Dakota’s top basketball teams. remarkable developments in sports served in the Marines as an officer in Mr. President, it gives me great programming history when he con- the early 1960s, he often credits the honor today, along with Louie’s vinced the International Olympic Com- corps with helping make him the man friends, family, and the State of South mittee to stagger its winter and sum- he is today. He has given back, raising Dakota, to congratulate him on this mer games so the Olympics would millions for the Marine Corps Scholar- impressive accomplishment.∑ occur every other year. This decision ship Foundation and the Intrepid Fall- has been credited with keeping the en Heroes Fund. f public interested in the games and pro- But first and foremost for Mr. Swan- TRIBUTE TO DON MEYER moting the Olympics’ message of son is his family. Despite his busy ∑ sportsmanship and friendly competi- schedule, he strives to spend as much Mr. THUNE. Mr. President, today I tion. Additionally, Swanson was inte- time as possible with Kathy, his wife of honor Don Meyer, the head men’s bas- gral in the development of the Bowl 46 years, their three children and nine ketball coach at Northern State Uni- Championship Series, an agreement be- grandchildren. He makes it a point to versity, NSU, in Aberdeen, SD. Coach tween the four major college football be with them for every holiday and spe- Meyer recently won his 880th coaching bowl games that allows for the top two cial event. All of his grandchildren career victory and currently has the teams to play for the national cham- have their grandfather attend their most wins of any active coach in men’s pionship at the end of each year. events, whether they are hockey games basketball. This accomplishment In 1996, Swanson went to work as in Connecticut at 6 a.m. or theatrical places Coach Meyer in second place on general manager for WNBC, NBC’s flag- plays and lacrosse games in northern the collegiate all-time win list, trailing ship station in New York. The station Virginia or ballets and soccer games in only Bobby Knight. was running second to longtime mar- southern California; Dennis is always Coach Meyer began coaching at NSU ket leader WABC–TV, but needed a cre- there for them in 1999 and has led the Wolves to 178 ative spark to put it over the top. As When looking upon all that Mr. victories. Prior to coming to Aberdeen, he had done in L.A. and Chicago, Swan- Swanson has accomplished both profes- he coached for 24 seasons at David son focused on providing viewers with sionally and personally, it is difficult Lipscomb University in Nashville, TN, high-quality community programming. to imagine that there is more that he and three seasons at Hamline Univer- He convinced network executives to can do. Yet his dedication and cre- sity in Minneapolis, MN. broadcast the Christmas tree lighting ativity have proven resilient over the Despite his many accomplishments, at Rockefeller Center live during prime years, so one can only expect bigger Don Meyer has remained extremely time. It was a huge hit. True to form, and better things from him. I look for- humble. He is always quick to praise the station under Swanson broadcast ward to seeing what kind of new and his assistant coaches, players, and fans other community events, such as the innovative ideas he develops in the fu- for the invaluable role they play in his St. Patrick’s Day Parade and the Puer- ture. accomplishments. This humility has to Rican Pride day parade, ensuring Happy birthday, Dennis Swanson. earned him the respect and admiration that many New Yorkers who were un- May your 70th year be your best one of his players. His excellent example of able to attend the parades could still yet.∑ leadership and teamwork has even inspired one of his former players to feel like part of the festivities. When f Swanson left WNBC in 2002, the sta- write a book chronicling his time play- TRIBUTE TO LOUIE KROGMAN tion, like those he left in Chicago and ing for Coach Meyer. Los Angeles, was the ratings leader for ∑ Mr. THUNE. Mr. President, today I Coach Meyer is truly an example of its market. honor Louie Krogman from White the dedication and inspiration that is After leaving WNBC, Swanson served River, SD. On December 20, 2007, Louie found in South Dakota’s coaches. He as executive vice president and chief scored his 2,826th point to become has given the young people of South operating officer of Viacom Television South Dakota’s all-time leading boys Dakota a fine example of what it Stations, Inc., where he oversaw 39 tel- basketball scorer. means to be leader both on and off the evision stations throughout the coun- Louie broke the former record of court. On behalf of the State of South try. While his tenure there was brief, 2,825 points when he sank a free throw Dakota, I am proud to commend Coach having left for FOX in 2005, at the time in the first half of White River’s game Meyer on this impressive accomplish- of his departure Viacom’s stations in against Pine Ridge during the Lakota ment and wish him and the Wolves all New York and L.A. were increasing in Nation Invitational Tournament in the best for their continued success.∑ market share, as were several stations Rapid City, SD. The 5,000 fans in at- f in smaller markets. He now is in tendance rose to their feet and honored charge of FOX’s 35 local television sta- him with a standing ovation. Before MESSAGES FROM THE HOUSE tions. the game continued, the Lakota Nation For all the success he has had, focus- honored Louie with a Lakota name and ing solely on Mr. Swanson’s profes- serenaded him with a Lakota honor ENROLLED BILL SIGNED sional success doesn’t even allow one song while he donned a traditional Na- to scratch the surface of his rich life. tive quilt. When the game resumed, The President pro tempore (Mr. Far from the apocryphal career-ob- Louie continued his dominance and led BYRD) announced that on today, Feb- sessed television executive of popular the Tigers to a decisive victory. Louie ruary 12, 2008, he had signed the fol- lore, for him serving the community broke the 50-year-old record notably lowing enrolled bill, which had pre- was not just a strategy for increasing early in the 2007–2008 season, which viously been signed by the Speaker of television ratings but a way of life. He leaves him plenty of time to continue the House: has served on the boards and advisory to build on an amazing high school ca- H.R. 354l. An act to amend the Do-not-call committees of various organizations, reer. Implementation Act to eliminate the automatic removal of telephone numbers reg- including the Broadway Association, This prestigious achievement is a di- istered on the Federal ‘‘do-not-call’’ registry. Inc., the National Academy of Tele- rect result of the hard work and dedi- vision Arts and Sciences, the Com- cation that Louie has demonstrated f mittee for Hispanic Children and Fami- throughout his career at White River lies, Inc, and the Ireland-United States High School. During his career, Louie ENROLLED BILL SIGNED Council for Commerce and Industry. He was twice selected to the all-state bas- At 5:02 p.m., a message from the has also been active in efforts to pro- ketball first team, named all-con- House of Representatives, delivered by

VerDate Aug 31 2005 02:50 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.049 S12FEPT1 ccoleman on PRODPC75 with SENATE February 12, 2008 CONGRESSIONAL RECORD — SENATE S919 Mrs. Cole, one of its reading clerks, an- Mahmoud Ahmadinejad’s statements regard- S. 1889 nounced that the Speaker has signed ing the State of Israel and the Holocaust and At the request of Mr. LAUTENBERG, the following enrolled bill: calling for all member States of the United the name of the Senator from Ohio Nations to do the same; to the Committee on (Mr. BROWN) was added as a cosponsor S. 781. An act to extend the authority of Foreign Relations. the Federal Trade Commission to collect Do- of S. 1889, a bill to amend title 49, Not-Call Registry fees to fiscal years after f United States Code, to improve rail- fiscal year 2007. ADDITIONAL COSPONSORS road safety by reducing accidents and The enrolled bill was subsequently S. 400 to prevent railroad fatalities, injuries, signed by the President pro tempore At the request of Mr. SUNUNU, the and hazardous materials releases, and (Mr. BYRD). name of the Senator from Iowa (Mr. for other purposes. f HARKIN) was added as a cosponsor of S. S. 2059 INTRODUCTION OF BILLS AND 400, a bill to amend the Employee Re- At the request of Mrs. CLINTON, the JOINT RESOLUTIONS tirement Income Security Act of 1974 name of the Senator from West Vir- and the Internal Revenue Code of 1986 ginia (Mr. ROCKEFELLER) was added as The following bills and joint resolu- to ensure that dependent students who a cosponsor of S. 2059, a bill to amend tions were introduced, read the first take a medically necessary leave of ab- the Family and Medical Leave Act of and second times by unanimous con- sence do not lose health insurance cov- 1993 to clarify the eligibility require- sent, and referred as indicated: erage, and for other purposes. ments with respect to airline flight By Mrs. McCASKILL (for herself and S. 430 crews. Mr. BOND): At the request of Mr. BOND, the name S. 2622. A bill to designate the facility of S. 2119 the United States Postal Service located at of the Senator from Texas (Mr. At the request of Mr. JOHNSON, the 11001 Dunklin Road in St. Louis, Missouri, as CORNYN) was added as a cosponsor of S. name of the Senator from West Vir- the ‘‘William ‘Bill’ Clay Post Office’’; to the 430, a bill to amend title 10, United ginia (Mr. BYRD) was added as a co- Committee on Homeland Security and Gov- States Code, to enhance the national sponsor of S. 2119, a bill to require the ernmental Affairs. defense through empowerment of the Secretary of the Treasury to mint By Mr. NELSON of Nebraska: Chief of the National Guard Bureau coins in commemoration of veterans S. 2623. A bill to amend title 37, United and the enhancement of the functions who became disabled for life while States Code, to authorize travel and trans- of the National Guard Bureau, and for portation allowances for mobilized members serving in the Armed Forces of the of the reserve components of the Armed other purposes. United States. Forces on leave for suspension of training or S. 1577 S. 2186 to meet minimal staffing requirements, and At the request of Mr. KOHL, the name At the request of Mr. SMITH, the for other purposes; to the Committee on of the Senator from Illinois (Mr. name of the Senator from South Da- Armed Services. OBAMA) was added as a cosponsor of S. By Mrs. FEINSTEIN (for herself, Mr. kota (Mr. JOHNSON) was added as a co- 1577, a bill to amend titles XVIII and sponsor of S. 2186, a bill to permit indi- SPECTER, Mr. INOUYE, and Mr. DUR- XIX of the Social Security Act to re- BIN): viduals who are employees of a grantee S. 2624. A bill to regulate political quire screening, including national that is receiving funds under section robocalls; to the Committee on Rules and criminal history background checks, of 330 of the Public Health Service Act to Administration. direct patient access employees of enroll in health insurance coverage By Mr. HARKIN: skilled nursing facilities, nursing fa- provided under the Federal Employees S. 2625. A bill to ensure that deferred De- cilities, and other long-term care fa- Health Benefits Program. partment of Veterans Affairs disability bene- cilities and providers, and to provide S. 2279 fits that are received in a lump sum amount for nationwide expansion of the pilot At the request of Mr. BIDEN, the or in prospective monthly amounts, be ex- program for national and State back- cluded from consideration as annual income name of the Senator from New Jersey ground checks on direct patient access when determining eligibility for low-income (Mr. MENENDEZ) was added as a cospon- employees of long-term care facilities housing programs; to the Committee on sor of S. 2279, a bill to combat inter- or providers. Banking, Housing, and Urban Affairs. national violence against women and By Mr. VOINOVICH (for himself and S. 1627 girls. Mr. BROWN): At the request of Mrs. LINCOLN, the S. 2626. A bill to designate the facility of name of the Senator from Michigan S. 2322 the United States Postal Service located at (Ms. STABENOW) was added as a cospon- At the request of Mr. CARDIN, the 160 East Washington Street in Chagrin Falls, sor of S. 1627, a bill to amend the Inter- names of the Senator from Alaska (Mr. Ohio, as the ‘‘Sergeant Michael M. STEVENS) and the Senator from Min- Kashkoush Post Office Building’’; to the nal Revenue Code of 1986 to extend and nesota (Mr. COLEMAN) were added as co- Committee on Homeland Security and Gov- expand the benefits for businesses oper- ernmental Affairs. ating in empowerment zones, enter- sponsors of S. 2322, a bill to amend the International Center Act to authorize f prise communities, or renewal communities, and for other purposes. the lease or sublease of certain prop- SUBMISSION OF CONCURRENT AND S. 1734 erty described in such Act to an entity SENATE RESOLUTIONS other than a foreign government or At the request of Mrs. BOXER, the The following concurrent resolutions name of the Senator from Maryland international organization if certain conditions are met. and Senate resolutions were read, and (Mr. CARDIN) was added as a cosponsor referred (or acted upon), as indicated: of S. 1734, a bill to provide for prostate S. 2347 By Mr. ISAKSON (for himself and Mr. cancer imaging research and education. At the request of Mr. OBAMA, the CHAMBLISS): S. 1738 name of the Senator from Connecticut S. Res. 447. A resolution honoring Friend- At the request of Mr. BIDEN, the (Mr. DODD) was added as a cosponsor of ship Force International and recognizing name of the Senator from New York S. 2347, a bill to restore and protect ac- March 1, 2008 as World Friendship Day; to (Mrs. CLINTON) was added as a cospon- cess to discount drug prices for univer- the Committee on the Judiciary. sity-based and safety-net clinics. By Mr. McCONNELL: sor of S. 1738, a bill to establish a Spe- S. Res. 448. A resolution making minority cial Counsel for Child Exploitation S. 2389 party appointments for the 110th Congress; Prevention and Interdiction within the At the request of Mr. KERRY, the considered and agreed to. Office of the Deputy Attorney General, name of the Senator from Iowa (Mr. By Mr. SMITH (for himself, Mr. LAU- to improve the Internet Crimes GRASSLEY) was added as a cosponsor of TENBERG, Mr. ISAKSON, Mr. BAUCUS, Against Children Task Force, to in- S. 2389, a bill to amend the Internal Mr. COLEMAN, Ms. SNOWE, Mr. STE- crease resources for regional computer Revenue Code of 1986 to increase the al- VENS, Mr. BROWNBACK, Mr. LIEBERMAN, Mrs. DOLE, and Mr. MAR- forensic labs, and to make other im- ternative minimum tax credit amount TINEZ): provements to increase the ability of for individuals with long-term unused S. Res. 449. A resolution condemning in the law enforcement agencies to inves- credits for prior year minimum tax li- strongest possible terms President of Iran tigate and prosecute predators. ability, and for other purposes.

VerDate Aug 31 2005 01:14 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.043 S12FEPT1 ccoleman on PRODPC75 with SENATE S920 CONGRESSIONAL RECORD — SENATE February 12, 2008 S. 2433 sponsor of S. 2578, a bill to temporarily provisions of that Act, and for other At the request of Mr. BIDEN, his name delay application of proposed changes purposes. was added as a cosponsor of S. 2433, a to Medicaid payment rules for case AMENDMENT NO. 3912 bill to require the President to develop management and targeted case man- At the request of Mr. DURBIN, his and implement a comprehensive strat- agement services. name was added as a cosponsor of egy to further the United States for- S. 2585 amendment No. 3912 proposed to S. eign policy objective of promoting the At the request of Mr. HARKIN, the 2248, an original bill to amend the For- reduction of global poverty, the elimi- names of the Senator from Oregon (Mr. eign Intelligence Surveillance Act of nation of extreme global poverty, and WYDEN) and the Senator from Massa- 1978, to modernize and streamline the the achievement of the Millennium De- chusetts (Mr. KERRY) were added as co- provisions of that Act, and for other velopment Goal of reducing by one-half sponsors of S. 2585, a bill to provide for purposes. the proportion of people worldwide, be- the enhancement of the suicide preven- AMENDMENT NO. 3920 tween 1990 and 2015, who live on less tion programs of the Department of At the request of Mr. BOND, his name than $1 per day. Defense, and for other purposes. was added as a cosponsor of amend- At the request of Mr. DODD, his name S. 2587 ment No. 3920 proposed to S. 2248, an was added as a cosponsor of S. 2433, At the request of Mrs. FEINSTEIN, the original bill to amend the Foreign In- supra. name of the Senator from Pennsyl- telligence Surveillance Act of 1978, to S. 2510 vania (Mr. SPECTER) was added as a co- modernize and streamline the provi- At the request of Ms. LANDRIEU, the sponsor of S. 2587, a bill to amend the sions of that Act, and for other pur- name of the Senator from Montana Immigration and Nationality Act to poses. (Mr. TESTER) was added as a cosponsor provide for compensation to States in- AMENDMENT NO. 3967 of S. 2510, a bill to amend the Public carcerating undocumented aliens At the request of Mr. COBURN, the Health Service Act to provide revised charged with a felony or 2 or more mis- name of the Senator from Texas (Mr. standards for quality assurance in demeanors. CORNYN) was added as a cosponsor of screening and evaluation of amendment No. 3967 intended to be pro- S. 2588 gynecologic cytology preparations, and posed to S. 2483, a bill to authorize cer- At the request of Mrs. FEINSTEIN, the for other purposes. tain programs and activities in the name of the Senator from Pennsyl- S. 2550 Forest Service, the Department of the vania (Mr. SPECTER) was added as a co- At the request of Mrs. HUTCHISON, the Interior, and the Department of En- sponsor of S. 2588, a bill to require that names of the Senator from West Vir- ergy, and for other purposes. funds awarded to States and political ginia (Mr. BYRD), the Senator from subdivisions for the State Criminal f New Hampshire (Mr. SUNUNU) and the Alien Assistance Program be distrib- STATEMENTS ON INTRODUCED Senator from Ohio (Mr. BROWN) were added as cosponsors of S. 2550, a bill to uted not later than 120 days after the BILLS AND JOINT RESOLUTIONS amend title 38, United States Code, to last day of the annual application pe- By Mrs. FEINSTEIN (for herself, riod. prohibit the Secretary of Veterans Af- Mr. SPECTER, Mr. INOUYE, and fairs from collecting certain debts S. 2596 Mr. DURBIN): owed to the United States by members At the request of Mr. DEMINT, the S. 2624. A bill to regulate political of the Armed Forces and veterans who names of the Senator from Kentucky robocalls, to the Committee on Rules die as a result of an injury incurred or (Mr. MCCONNELL) and the Senator from and Administration. aggravated on active duty in a combat Florida (Mr. MARTINEZ) were added as Mrs. FEINSTEIN. Mr. President, zone, and for other purposes. cosponsors of S. 2596, a bill to rescind today I am introducing the Robocall S. 2560 funds appropriated by the Consolidated Privacy Act of 2008, cosponsored by my At the request of Mr. KERRY, the Appropriations Act, 2008, for the City colleagues Senator SPECTER, Senator name of the Senator from Ohio (Mr. of Berkeley, California, and any enti- INOUYE and Senator DURBIN. This is a BROWN) was added as a cosponsor of S. ties located in such city, and to provide simple, straight-forward bill that 2560, a bill to create the income secu- that such funds shall be transferred to would allow continued political out- rity conditions and family supports the Operation and Maintenance, Ma- reach through prerecorded phone mes- needed to ensure permanency for the rine Corps account of the Department sages, but protect American families Nation’s unaccompanied youth, and for of Defense for the purposes of recruit- from being inundated by calls all other purposes. ing. through the day and night. In recent years, we have seen an un- S. 2568 S. 2602 paralleled development of new tech- At the request of Mr. KERRY, the At the request of Mr. SALAZAR, the nologies that help political candidates name of the Senator from Vermont name of the Senator from New Mexico (Mr. BINGAMAN) was added as a cospon- reach out to voters. (Mr. SANDERS) was added as a cospon- This is a good thing. Political speech sor of S. 2568, a bill to amend the Outer sor of S. 2602, a bill to amend the De- partment of the Interior, Environment, is essential, and should be protected. Continental Shelf Lands Act to pro- The vast majority of these techno- hibit preleasing, leasing, and related and Related Agencies Appropriations Act, 2008, to terminate the authority of logical developments bolster the Demo- activities in the Chukchi and Beaufort cratic process, promoting an inter- Sea Planning Areas unless certain con- the Secretary of the Treasury to de- duct amounts from certain States. change of information and ideas. ditions are met. One of these is the so-called robocall, S. 2569 S. RES. 439 in which a prerecorded message can be At the request of Mrs. BOXER, the At the request of Mr. LUGAR, the sent out to tens of thousands of voters name of the Senator from Rhode Island name of the Senator from South Caro- at a minor cost through computer au- (Mr. WHITEHOUSE) was added as a co- lina (Mr. GRAHAM) was added as a co- tomation. sponsor of S. 2569, a bill to amend the sponsor of S. Res. 439, a resolution ex- With television and radio ads becom- Public Health Service Act to authorize pressing the strong support of the Sen- ing so expensive, these prerecorded the Director of the National Cancer In- ate for the North Atlantic Treaty Or- calls can play an important role alert- stitute to make grants for the dis- ganization to enter into a Membership ing voters to a candidate’s position and covery and validation of biomarkers Action Plan with Georgia and Ukraine. urging their support at the polls. for use in risk stratification for, and AMENDMENT NO. 3910 A recent Pew Foundation poll found the early detection and screening of, At the request of Mr. DURBIN, his that 80 percent of Iowans in the recent ovarian cancer. name was added as a cosponsor of primaries received automated political S. 2578 amendment No. 3910 proposed to S. robocalls. A high level of sophistica- At the request of Mr. COLEMAN, the 2248, an original bill to amend the For- tion goes into these robocalls—they are name of the Senator from West Vir- eign Intelligence Surveillance Act of targeted and specific software dictates ginia (Mr. BYRD) was added as a co- 1978, to modernize and streamline the who is called, and when.

VerDate Aug 31 2005 02:50 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.045 S12FEPT1 ccoleman on PRODPC75 with SENATE February 12, 2008 CONGRESSIONAL RECORD — SENATE S921 But the process can be abused. And day. They have reported as much as 37 opened their homes as hosts in order to pro- we all have heard stories about people political phone calls in one day for one mote international understanding; being called over and over and over voter. That same organization reports Whereas, today, Friendship Force Inter- again at all hours of the day and night. that 40 percent of its membership indi- national has more than 35,000 members in 40 States and 58 foreign countries who are I believe this is wrong. Not only is it cated it received between 5 and 9 calls building bridges across the cultural barriers interfering with the privacy rights of a day during the election season. that separate people; Americans, but it can turn people away In a recent Texas campaign, a nega- Whereas, in order to celebrate on an an- from the political process itself. tive robocall was sent to voters early nual basis its mission to support the cause of Commercial calls are already limited in the morning—supposedly from one peace through international understanding, by the Federal Trade Commission’s of the candidates. That candidate im- Friendship Force International has set ‘‘Do Not Call’’ list—with millions of in- mediately protested it was not done on March 1 of each year as World Friendship dividuals subscribing. But political his behalf—but instead was an attempt Day; and calls were specifically exempted from Whereas Friendship Force International to smear him by using his name. Vot- chapters around the world are urging people that list. ers became furious at the call. everywhere to celebrate World Friendship Let me be clear: I am not seeking to In a Maryland race in November 2006, Day on March 1, 2008: Now, therefore, be it eliminate all robocalls. Instead, this in a conservative area residents re- Resolved, That the Senate— legislation is carefully designed to pro- ceived a middle-of-the-night robocall (1) honors Friendship Force International vide some safeguards without halting from the nonexistent ‘‘Gay and Lesbian for promoting international understanding the practice altogether. Push,’’ urging them to support one of and good will in the world; and The Robocall Privacy Act of 2008 the candidates. That candidate lost the (2) recognizes the celebration of World bans political robocalls to any person Friendship Day on March 1, 2008, and asks election, and enraged voters about the people everywhere to mark and celebrate the from 9 p.m. in the evening and a.m. in false, late-night call. day appropriately. the morning. Repeated robocalls to Tennessee resi- f It also bans more than two political dent Jonathan Gregory caused him to robocalls from each campaign to the complain to The Tennessean news- SENATE RESOLUTION 448—MAKING same telephone number per day, bans paper: ‘‘It’s extremely annoying, and MINORITY PARTY APPOINT- the caller from blocking the ‘‘caller it’s like getting telemarketing calls at MENTS FOR THE 110TH CON- identification’’ number, and requires work.... I think they should have GRESS an announcement at the beginning of some type of limit on how many times Mr. MCCONNELL submitted the fol- the call identifying the individual or they can call the same number.’’ lowing resolution; which was consid- organization making the call and the A February 1 Letter to the Editor of ered and agreed to: fact that it is a pre-recorded message. the Harrisburg Patriot-News, from a S. RES. 448 This is to prevent misinformation woman from East Pennsboro, PA, indi- Resolved, That the following be the minor- about the caller. cated that she received many political ity membership on the following committee The enforcement provisions of this robocalls to her personal cell phone for the remainder of the 110th Congress, or bill are simple and intent on stopping and was billed for each call. until their successors are appointed: the worst of these calls. The bill cre- I am a strong supporter of the First Committee on Foreign Relations: Mr. ates a civil fine for violators of the law, Amendment protection for political Lugar, Mr. Hagel, Mr. Coleman, Mr. Corker, with additional fines for callers who speech and I want to encourage the free Mr. Voinovich, Ms. Murkowski, Mr. DeMint, Mr. Isakson, Mr. Vitter, Mr. Barrasso. willfully violate the law. exchange of information about can- The bill also allows voters to sue to didates. f stop those calls immediately, but not But I also believe people should have SENATE RESOLUTION 449—CON- receive money damages. A judge can a right to be protected from the most DEMNING IN THE STRONGEST order violators of the law to stop these egregious forms of abuse. POSSIBLE TERMS PRESIDENT OF abusive calls. However, the worst of these calls are IRAN MAHMOUD AHMADINEJAD’S Why are these provisions so impor- disturbing people in their homes by STATEMENTS REGARDING THE tant? Let me briefly describe some re- forcing them to answer calls and listen STATE OF ISRAEL AND THE cent incidents: again and again. Something must be HOLOCAUST AND CALLING FOR Hundreds of robocalls woke voters up done. ALL MEMBER STATES OF THE at 2 in the morning during a 2007 New The bill does not ban robocalls. It UNITED NATIONS TO DO THE York election—because of a software merely provides a reasonable frame- SAME programming error. The calls were sup- work of tailored time, place, and man- posed to occur at 2 p.m. Mr. SMITH (for himself, Mr. LAUTEN- ner restrictions. BERG, Mr. ISAKSON, Mr. BAUCUS, Mr. In the Nebraska 3rd District Congres- I hope my colleagues join me in sup- sional Election, voters complained to COLEMAN, MS. SNOWE, Mr. STEVENS, Mr. porting the Robocall Privacy Act of BROWNBACK, Mr. LIEBERMAN, Mrs. candidate Scott Kleeb when they re- 2008. ceived dozens of calls, containing poor- DOLE, and Mr. MARTINEZ) submitted quality versions of his voice. Kleeb’s f the following resolution; which was referred to the Committee on Foreign supporters claim that his voice was re- SUBMITTED RESOLUTIONS corded, and used in an abusive robocall Relations: against him. S. RES. 449 In the 2006 Congressional elections, SENATE RESOLUTION 447—HON- Whereas President of Iran Mahmoud many calls wrongly implied that one ORING FRIENDSHIP FORCE Ahmadinejad stated on October 26, 2005, that candidate was making a robocall. The INTERNATIONAL AND RECOG- ‘‘The establishment of the Zionist regime message began with a recorded voice NIZING MARCH 1, 2008 AS WORLD was a move by the world oppressor against stating that the call contained infor- the Islamic world’’; FRIENDSHIP DAY Whereas President Ahmadinejad stated on mation about U.S. Representative ME- Mr. ISAKSON (for himself and Mr. October 26, 2005, that ‘‘Anybody who recog- LISSA BEAN. Some voters called BEAN’s CHAMBLISS) submitted the following nizes Israel will burn in the fire of the Is- office to complain without listening to resolution; which was referred to the lamic nation’s fury’’; the entire message, which eventually Committee on the Judiciary: Whereas President Ahmadinejad stated on identified an opposing party committee October 26, 2005, that ‘‘There is no doubt that as the sponsor—when most voters had S. RES. 447 the new wave in Palestine will soon wipe off Whereas the nonprofit organization this disgraceful blot from the face of the Is- hung up. Representative BEAN had to spend campaign funds informing voters Friendship Force International was founded lamic world’’; in Atlanta in 1977 to promote international Whereas President Ahmadinejad stated on she had not made that call. understanding and good will; October 26, 2005, ‘‘Is it possible for us to wit- The National Do Not Call Network— Whereas, since 1977, nearly 1,000,000 indi- ness a world without America and Zionism? a nonprofit focused on this issue—has viduals all over the world have traveled as But you should know that this slogan, this indicated voters receive many calls a Friendship Force Citizen Ambassadors or goal, can certainly be achieved’’;

VerDate Aug 31 2005 02:54 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G12FE6.040 S12FEPT1 ccoleman on PRODPC75 with SENATE S922 CONGRESSIONAL RECORD — SENATE February 12, 2008 Whereas President Ahmadinejad stated on tions Charter and the Universal Declaration On page 40, beginning on line 16, strike October 26, 2005, that ‘‘The skirmishes in the of Human Rights. ‘‘consistent with the requirements of section occupied land are part of a war of destiny. Mr. SMITH. Mr. President, I rise 101(h) or section 301(4)’’ and insert ‘‘that The outcome of hundreds of years of war will meet the definition of minimization proce- today with my colleague Senator LAU- be defined in Palestinian land. As the Imam dures under section 101(h) or section 301(4)’’. said, Israel must be wiped off the map’’; TENBERG of New Jersey to introduce a On page 44, line 15, strike ‘‘clause’’ and in- Whereas President Ahmadinejad stated on resolution condemning the comments sert ‘‘subparagraph’’. December 14, 2005, that ‘‘They have invented made by Iranian President On page 45, line 15, strike ‘‘obtained;’’ and a myth that Jews were massacred and place Ahmadinejad on Israel and the Holo- insert ‘‘obtained,’’. this above God, religions and the prophets’’; caust. On page 46, line 2, strike ‘‘168 hours’’ and Whereas President Ahmadinejad stated on For too long, the civilized world has insert ‘‘7 days’’. December 14, 2005, that ‘‘If you have burned remained silent while the leader of On page 46, line 8, strike ‘‘subsection’’ and the Jews, why don’t you give a piece of Eu- insert ‘‘section’’. Iran has threatened Israel’s survival On page 46, lines 14 and 15, strike ‘‘168 rope, the United States, Canada or Alaska to and denied the existence of the Holo- Israel. Our question is, if you have com- hours’’ and insert ‘‘7 days’’. mitted this huge crime, why should the inno- caust. Since the inception of his term On page 46, line 24, strike ‘‘168-hour’’ and cent nation of Palestine pay for this in office in 2005, President insert ‘‘7-day’’. crime?’’; Ahmadinejad has continually been the On page 48, beginning on line 13, strike Whereas President Ahmadinejad stated on mouthpiece for the vilest, most base ‘‘orders under section 704(b) or section February 11, 2006, that ‘‘The real Holocaust examples of anti-Semitism and hate. 705(b)’’ and insert ‘‘orders under section is what is happening in Palestine where the Standing against this ceaselessly hos- 704(c) or section 705(c)’’. Zionists avail themselves of the fairy tale of On page 54, beginning on line 22, strike tile rhetoric and threats, the State of ‘‘during the period such directive was in ef- Holocaust as blackmail and justification for Israel should be afforded the full sup- killing children and women and making in- fect’’ and insert ‘‘for information, facilities, nocent people homeless’’; port of the United States and the inter- or assistance provided during the period such Whereas President Ahmadinejad stated on national community. President directive was or is in effect’’. February 11, 2006, that ‘‘We ask the West to Ahmadinejad’s denial of the Holo- On page 60, line 4, strike ‘‘reasonably’’. remove what they created sixty years ago caust—one of the most appalling On page 60, line 5, strike ‘‘determines’’ and and if they do not listen to our recommenda- crimes against humanity the world has insert ‘‘reasonably determines’’. On page 60, line 10, strike ‘‘determines’’ tions, then the Palestinian nation and other ever known—is likewise unacceptable nations will eventually do this for them’’; and insert ‘‘reasonably determines’’. and outrageous. My colleagues and I On page 60, lines 20 and 21, strike ‘‘168 Whereas President Ahmadinejad stated on condemn these comments in the February 11, 2006, ‘‘Remove Israel before it is hours’’ and insert ‘‘7 days’’. On page 61, line 7, strike ‘‘168 hours’’ and too late and save yourself from the fury of strongest possible terms, and call for insert ‘‘7 days’’. regional nations’’; all the civilized nations of the world to On page 65, line 6, strike ‘‘168 hours’’ and Whereas President Ahmadinejad stated on do likewise. insert ‘‘7 days’’. April 15, 2006, that ‘‘Whether you like it or f On page 65, lines 16 and 17, strike ‘‘168 not, the Zionist regime is heading toward an- hours’’ and insert ‘‘7 days’’. nihilation. The Zionist regime is a rotten, AMENDMENTS SUBMITTED AND On page 67, line 2, strike ‘‘168 hours’’ and dried tree that will be eliminated by one PROPOSED insert ‘‘7 days’’. storm’’; SA 4018. Mr. ROCKEFELLER (for himself On page 67, line 4, strike ‘‘168 hours’’ and Whereas President Ahmadinejad stated on and Mr. BOND) proposed an amendment to insert ‘‘7 days’’. April 24, 2006, that ‘‘We say that this fake re- amendment SA 3911 proposed by Mr. ROCKE- f gime cannot logically continue to live’’; FELLER (for himself and Mr. BOND) to the bill Whereas President Ahmadinejad stated on S. 2248, to amend the Foreign Intelligence NOTICES OF HEARINGS May 11, 2006, that ‘‘The West claims that Surveillance Act of 1978, to modernize and COMMITTEE ON ENERGY AND NATURAL more than six million Jews were killed in streamline the provisions of that Act, and RESOURCES World War II and to compensate for that for other purposes. they established and support Israel. If it is Mr. BINGAMAN. Mr. President, I true that the Jews were killed in Europe, f would like to announce for the infor- why should Israel be established in the East, TEXT OF AMENDMENTS mation of the Senate and the public in Palestine?’’; SA 4018. Mr. ROCKEFELLER (for that an oversight hearing has been Whereas President Ahmadinejad stated on scheduled before the Senate Committee December 12, 2006, that ‘‘Thanks to people’s himself and Mr. BOND) proposed an wishes and God’s will the trend for the exist- amendment to amendment SA 3911 pro- on Energy and Natural Resources. The ence of the Zionist regime is downwards and posed by Mr. ROCKEFELLER (for himself hearing will be held on Tuesday, Feb- this is what God has promised and what all and Mr. BOND) to the bill S. 2248, to ruary 26, 2008, at 10 a.m., in room SD– nations want . . . Just as the Soviet Union amend the Foreign Intelligence Sur- 366 of the Dirksen Senate Office Build- was wiped out and today does not exist, so veillance Act of 1978, to modernize and ing. will the Zionist regime soon be wiped out’’; streamline the provisions of that Act, The purpose of this oversight hearing Whereas President Ahmadinejad stated on and for other purposes; as follows: is to receive testimony on U.S. oil in- June 3, 2007, that ‘‘With God’s help, the ventory policies, including the Stra- countdown button for the destruction of the On page 7, beginning on line 14, strike ‘‘, Zionist regime has been pushed by the hands consistent with the requirements of section tegic Petroleum Reserve policies. of the children of Lebanon and Palestine . . . 101(h) or section 301(4), minimization proce- Because of the limited time available By God’s will, we will witness the destruc- dures’’ and insert ‘‘minimization procedures for the hearing, witnesses may testify tion of this regime in the near future’’; that meet the definition of minimization by invitation only. However, those Whereas President Ahmadinejad stated on procedures under section 101(h) or section wishing to submit written testimony September 12, 2007, that ‘‘We do not accept 301(4)’’. for the hearing record may do so by or officially recognize Israel. They are occu- On page 8, line 13, strike ‘‘168 hours’’ and insert ‘‘7 days’’. sending it to the Committee on Energy piers and illegitimate’’; and and Natural Resources, United States Whereas President Ahmadinejad stated on On page 26, beginning on line 22, strike January 30, 2008, ‘‘I advise you to abandon ‘‘consistent with the requirements of section Senate, Washington, DC 20510–6150, or the filthy Zionist entity which has reached 101(h) or section 301(4)’’ and insert ‘‘that by e-mail to Rose- the end of the line. It has lost its reason to meet the definition of minimization proce- [email protected] be and will sooner or later fall’’: Now, there- dures under section 101(h) or section 301(4)’’. For further information, please con- On page 32, line 3, strike ‘‘subsection (2)’’ fore, be it tact Tara Billingsley at (202) 224–4756 or and insert ‘‘subsection (b)’’. Resolved, That the Senate— On page 35, line 6, strike ‘‘obtained;’’ and Rosemarie Calabro at (202) 224–5039. (1) condemns in the strongest possible insert ‘‘obtained,’’. COMMITTEE ON ENERGY AND NATURAL terms President of Iran Mahmoud On page 35, line 18, strike ‘‘168 hours’’ and RESOURCES Ahmadinejad’s hateful and anti-Semitic insert ‘‘7 days’’. Mr. BINGAMAN. Mr. President, I statements regarding the State of Israel and On page 35, line 24, strike ‘‘subsection’’ and would like to announce for the infor- the Holocaust; and insert ‘‘section’’. (2) calls on all member States of the On page 36, line 6, strike ‘‘168 hours’’ and mation of the Senate and the public United Nations to publicly condemn Presi- insert ‘‘7 days’’. that a nomination hearing has been dent Ahmadinejad’s statements as a viola- On page 36, line 16, strike ‘‘168-hour’’ and scheduled before the Senate Committee tion of the principles of both the United Na- insert ‘‘7-day’’. on Energy and Natural Resources.

VerDate Aug 31 2005 02:54 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A12FE6.050 S12FEPT1 ccoleman on PRODPC75 with SENATE February 12, 2008 CONGRESSIONAL RECORD — SENATE S923 The hearing will be held on Wednes- Middle District of Tennessee, and Brian for the remainder of the 110th Congress, or day, February 27, 2008, at 9:45 a.m., in Stacy Miller to be United States Dis- until their successors are appointed: room SD–366 of the Dirksen Senate Of- trict Judge for the Eastern District of Committee on Foreign Relations: Mr. fice Building. Arkansas. Lugar, Mr. Hagel, Mr. Coleman, Mr. Corker, Mr. Voinovich, Ms. Murkowski, Mr. DeMint, The purpose of the hearing is to con- The PRESIDING OFFICER. Without Mr. Isakson, Mr. Vitter, Mr. Barrasso. sider two nominations: Stanley C. objection, it is so ordered. f Suboleski, of Virginia, to be an Assist- SELECT COMMITTEE ON INTELLIGENCE ant Secretary of Energy (Fossil En- Mr. ROCKEFELLER. Mr. President, I ORDERS FOR WEDNESDAY, ergy), vice Jeffrey D. Jarrett, resigned; ask unanimous consent that the Select FEBRUARY 13, 2008 and, J. Gregory Copeland, of Texas, to Committee on Intelligence be author- Mr. DURBIN. Mr. President, I ask be General Counsel of the Department ized to meet during the session of the unanimous consent that when the Sen- of Energy, vice David R. Hill. Senate on February 12, 2008, at 2:30 ate completes its business today, it For further information, please con- p.m., in order to hold a closed hearing. stand adjourned until 9:30 a.m., tact Sam Fowler at (202) 224–7571 or The PRESIDING OFFICER. Without Wednesday, February 13; that following Rosemarie Calabro at (202) 224–5039. objection, it is so ordered. the prayer and pledge, the Journal of COMMITTEE ON INDIAN AFFAIRS SUBCOMMITTEE ON CRIME AND DRUGS proceedings be approved to date, the Mr. DORGAN. Mr. President, I would Mr. ROCKEFELLER. Mr. President, I morning hour be deemed expired, the like to announce that the Committee ask unanimous consent that the Sen- time for the two leaders be reserved for on Indian Affairs will meet on Thurs- ate Committee on the Judiciary, Sub- their use later in the day, and the Sen- day, February 14, at 9:30 a.m. in room committee on Crime and Drugs, be au- ate proceed to a period of morning 628 of the Dirksen Senate Office Build- thorized to meet during the session of business with 1 hour of debate only, ing to conduct an oversight hearing on the Senate, in order to conduct a hear- equally divided, prior to a cloture vote the President’s fiscal year 2009 budget ing entitled ‘‘Federal Cocaine Sen- on the conference report to accom- request for tribal programs. tencing Laws: Reforming the 100-to-1 panying H.R. 2082, the Intelligence Au- Those wishing additional information Crack/Powder Disparity’’ on Tuesday, thorization Act for fiscal year 2008. may contact the Indian Affairs Com- February 12, 2008, at 2:30 p.m., in the The PRESIDING OFFICER. Is there mittee at (202) 224–2251. Dirksen Senate Office Building, room objection? f 226. Without objection, it is so ordered. f AUTHORITY FOR COMMITTEES TO Witness list MEET John Richter, United States Attor- PROGRAM COMMITTEE ON ARMED SERVICES ney, Western District of Oklahoma, Mr. DURBIN. Mr. President, tomor- Mr. ROCKEFELLER. Mr. President, I U.S. Department of Justice; The Hon- row, the first vote of the day is ex- ask unanimous consent that the Com- orable Ricardo H. Hinojosa, Chair, U.S. pected to occur shortly after 10:30 a.m. mittee on Armed Services be author- Sentencing Commission, Washington, on the motion to invoke cloture on the ized to meet during the session of the DC; The Honorable Reggie B. Walton, intelligence authorization conference Senate on Tuesday, February 12, 2008, United States District Judge, Member, report. at 9:30 a.m., in open and closed session Criminal Law Committee, Federal Ju- f to receive testimony on Air Force nu- dicial Conference, Washington, DC; Nora Volkow, M.D., Director, National ADJOURNMENT UNTIL 9:30 A.M. clear security. TOMORROW The PRESIDING OFFICER. Without Institute on Drug Abuse, U.S. Depart- objection, it is so ordered. ment of Health & Human Services, Mr. DURBIN. Mr. President, if there Washington, DC; and James Felman, is no further business to come before COMMITTEE ON HEALTH, EDUCATION, LABOR, Co-Chair, Sentencing Committee, the Senate, I ask unanimous consent AND PENSIONS Criminal Justice Section, American that the Senate stand adjourned under Mr. ROCKEFELLER. Mr. President, I Bar Association. the previous order. ask unanimous consent that the Com- The PRESIDING OFFICER. Without There being no objection, the Senate, mittee on Health, Education, Labor, objection, it is so ordered. at 6:26 p.m., adjourned until Wednes- and Pensions be authorized to meet day, February 13, 2008, at 9:30 a.m. during the session of the Senate, in f order to conduct a hearing entitled: MAKING MINORITY PARTY AP- f ‘‘Addressing Healthcare Workforce POINTMENTS FOR THE 110TH NOMINATIONS Issues For the Future.’’ CONGRESS Executive nominations received by The hearing will take place on Tues- Mr. DURBIN. Mr. President, I ask the Senate: day, February 12, 2008, at 2:30 p.m. in unanimous consent that the Senate FEDERAL HOSPITAL INSURANCE TRUST FUND room 106 of the Dirksen Senate Office now proceed to the consideration of S. JEFFREY ROBERT BROWN, OF ILLINOIS, TO BE A MEM- Building. Res. 448, which was submitted earlier BER OF THE BOARD OF TRUSTEES OF THE FEDERAL HOS- The PRESIDING OFFICER. Without today. PITAL INSURANCE TRUST FUND FOR A TERM OF FOUR YEARS, VICE THOMAS R. SAVING. objection, it is so ordered. The PRESIDING OFFICER. The FEDERAL INSURANCE TRUST FUNDS COMMITTEE ON THE JUDICIARY clerk will report the resolution by JEFFREY ROBERT BROWN, OF ILLINOIS, TO BE A MEM- Mr. ROCKEFELLER. Mr. President, I title. BER OF THE BOARD OF TRUSTEES OF THE FEDERAL OLD- ask unanimous consent that the Sen- The bill clerk read as follows: AGE AND SURVIVORS INSURANCE TRUST FUND AND THE FEDERAL DISABILITY INSURANCE TRUST FUND FOR A ate Committee on the Judiciary be au- A resolution (S. Res. 448) making minority TERM OF FOUR YEARS, VICE THOMAS R. SAVING. party appointments for the 110th Congress. thorized to meet during the session of CORPORATION FOR NATIONAL AND COMMUNITY the Senate, in order to conduct a hear- There being no objection, the Senate SERVICE ing entitled ‘‘Judicial Nominations’’ on proceeded to consider the resolution. HYEPIN CHRISTINE IM, OF CALIFORNIA, TO BE A MEM- Tuesday, February 12, 2008, at 2:30 p.m., Mr. DURBIN. Mr. President, I ask BER OF THE BOARD OF DIRECTORS OF THE CORPORA- in room SR–301 of the Russell Senate unanimous consent that the resolution TION FOR NATIONAL AND COMMUNITY SERVICE FOR THE REMAINDER OF THE TERM EXPIRING OCTOBER 6, 2008, Office Building. be agreed to and the motion to recon- VICE HENRY LOZANO, RESIGNED. sider be laid upon the table. HYEPIN CHRISTINE IM, OF CALIFORNIA, TO BE A MEM- Witness list BER OF THE BOARD OF DIRECTORS OF THE CORPORA- The PRESIDING OFFICER. Is there TION FOR NATIONAL AND COMMUNITY SERVICE FOR A James Randal Hall to be United objection? TERM EXPIRING OCTOBER 6, 2013. (REAPPOINTMENT) LAYSHAE WARD, OF MINNESOTA, TO BE A MEMBER OF States District Judge for the Southern Without objection, it is so ordered. THE BOARD OF DIRECTORS OF THE CORPORATION FOR District of Georgia, Richard H. The resolution (S. Res. 448) was NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- PIRING DECEMBER 27, 2012, VICE MIMI MAGER, TERM EX- Honaker to be United States District agreed to, as follows: PIRED. Judge for the District of Wyoming, S. RES. 448 NATIONAL INSTITUTE FOR LITERACY Gustavus Adolphus Puryear, IV to be Resolved, That the following be the minor- PERRI KLASS, OF NEW YORK, TO BE A MEMBER OF THE United States District Judge for the ity membership on the following committee NATIONAL INSTITUTE FOR LITERACY ADVISORY BOARD

VerDate Aug 31 2005 02:50 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 9801 E:\CR\FM\A12FE6.054 S12FEPT1 ccoleman on PRODPC75 with SENATE S924 CONGRESSIONAL RECORD — SENATE February 12, 2008 FOR A TERM EXPIRING NOVEMBER 25, 2009, VICE WILLIAM WITHDRAWALS JOHN L. PALMER, OF NEW YORK, TO BE A MEMBER OF T. HILLER, TERM EXPIRED. THE BOARD OF TRUSTEES OF THE FEDERAL OLD-AGE KATHERINE MITCHELL, OF ALABAMA, TO BE A MEM- Executive Message transmitted by AND SURVIVORS INSURANCE TRUST FUND AND THE FED- BER OF THE NATIONAL INSTITUTE FOR LITERACY ADVI- ERAL DISABILITY INSURANCE TRUST FUND FOR A TERM SORY BOARD FOR A TERM EXPIRING NOVEMBER 25, 2010, the President to the Senate on Feb- OF FOUR YEARS. (REAPPOINTMENT), WHICH WAS SENT VICE MARK G. YUDOF, RESIGNED. ruary 12, 2008 withdrawing from further TO THE SENATE ON JANUARY 9, 2007. EDUARDO J. PADRON, OF FLORIDA, TO BE A MEMBER Senate consideration the following THOMAS R. SAVING, OF TEXAS, TO BE A MEMBER OF OF THE NATIONAL INSTITUTE FOR LITERACY ADVISORY THE BOARD OF TRUSTEES OF THE FEDERAL SUPPLE- MENTARY MEDICAL INSURANCE TRUST FUND FOR A BOARD FOR A TERM EXPIRING NOVEMBER 25, 2009, VICE nominations: TERM OF FOUR YEARS. (REAPPOINTMENT), WHICH WAS JUAN R. OLIVAREZ, TERM EXPIRED. WARREN BELL, OF CALIFORNIA, TO BE A MEMBER OF SENT TO THE SENATE ON JANUARY 9, 2007. ALEXA E. POSNY, OF KANSAS, TO BE A MEMBER OF THE THE BOARD OF DIRECTORS OF THE CORPORATION FOR THOMAS R. SAVING, OF TEXAS, TO BE A MEMBER OF NATIONAL INSTITUTE FOR LITERACY ADVISORY BOARD PUBLIC BROADCASTING FOR A TERM EXPIRING JANU- THE BOARD OF TRUSTEES OF THE FEDERAL HOSPITAL FOR A TERM EXPIRING NOVEMBER 25, 2008, VICE CAROL C. ARY 31, 2012, VICE KENNETH Y. TOMLINSON, RESIGNED, INSURANCE TRUST FUND FOR A TERM OF FOUR YEARS. GAMBILL, TERM EXPIRED. TO WHICH POSITION HE WAS APPOINTED DURING THE (REAPPOINTMENT), WHICH WAS SENT TO THE SENATE ON TIMOTHY SHANAHAN, OF ILLINOIS, TO BE A MEMBER LAST RECESS OF THE SENATE, WHICH WAS SENT TO THE JANUARY 9, 2007. OF THE NATIONAL INSTITUTE FOR LITERACY ADVISORY SENATE ON JANUARY 9, 2007. THOMAS R. SAVING, OF TEXAS, TO BE A MEMBER OF BOARD FOR A TERM EXPIRING NOVEMBER 25, 2010. (RE- JOHN L. PALMER, OF NEW YORK, TO BE A MEMBER OF THE BOARD OF TRUSTEES OF THE FEDERAL OLD-AGE APPOINTMENT) THE BOARD OF TRUSTEES OF THE FEDERAL SUPPLE- AND SURVIVORS INSURANCE TRUST FUND AND THE FED- RICHARD KENNETH WAGNER, OF FLORIDA, TO BE A MENTARY MEDICAL INSURANCE TRUST FUND FOR A ERAL DISABILITY INSURANCE TRUST FUND FOR A TERM MEMBER OF THE NATIONAL INSTITUTE FOR LITERACY TERM OF FOUR YEARS. (REAPPOINTMENT), WHICH WAS OF FOUR YEARS. (REAPPOINTMENT), WHICH WAS SENT ADVISORY BOARD FOR A TERM EXPIRING NOVEMBER 25, SENT TO THE SENATE ON JANUARY 9, 2007. TO THE SENATE ON JANUARY 9, 2007. 2009. (REAPPOINTMENT) JOHN L. PALMER, OF NEW YORK, TO BE A MEMBER OF PATRICIA MATHES, OF TEXAS, TO BE A MEMBER OF THE BOARD OF TRUSTEES OF THE FEDERAL HOSPITAL THE NATIONAL INSTITUTE FOR LITERACY ADVISORY INSURANCE TRUST FUND FOR A TERM OF FOUR YEARS. BOARD FOR A TERM EXPIRING NOVEMBER 25, 2007, VICE (REAPPOINTMENT), WHICH WAS SENT TO THE SENATE ON MARK G. YUDOF, RESIGNED, WHICH WAS SENT TO THE JANUARY 9, 2007. SENATE ON JANUARY 9, 2007.

VerDate Aug 31 2005 01:14 Feb 13, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 9801 E:\CR\FM\A12FE6.031 S12FEPT1 ccoleman on PRODPC75 with SENATE February 12, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E159 EXTENSIONS OF REMARKS

IN HONOR OF THE PARISHIONERS IN RECOGNITION OF BROTHER cation program. Since its creation in 1993, OF WESTWOOD UNITED METH- ROBERT E. LAVELLE Civic Works has trained and assisted more ODIST CHURCH ON THE OCCA- than 2,500 Baltimore area participants. SION OF THE 100TH ANNIVER- HON. DENNIS J. KUCINICH The ECO Status is bestowed upon various Service and Conservation Corps that make a SARY OF THE CHURCH OF OHIO commitment to high-quality standards and IN THE HOUSE OF REPRESENTATIVES continuous improvements. Each organization’s HON. SCOTT GARRETT Tuesday, February 12, 2008 performance is reviewed in several areas through self-assessment and peer reviews. OF NEW JERSEY Mr. KUCINICH. Madam Speaker, I rise today in recognition of Brother Robert E. This year’s evaluation revealed that Civic IN THE HOUSE OF REPRESENTATIVES Lavelle. Born in Cleveland, Brother Robert has Works ‘‘exhibits a strong commitment to its a philosophy to preserve the past while being local community which can be seen through- Tuesday, February 12, 2008 a catalyst for initiating change that is needed out all its programs and projects. Community Mr. GARRETT of New Jersey. Madam for the future. He has one of the longest ten- partners and residents clearly benefit from the Speaker, I rise today in honor of the 100th an- ures of any independent school headmaster in work Civic Works completes.’’ ECO also recognized Civic Works for their niversary of Westwood United Methodist this country. In his more than 27 years of ‘‘consistently clean financial record and for Church and to pay tribute to the legacy of dedicated work as Headmaster of Gilmour Academy, student enrollment has increased, Board members and staff that are extremely community service that has marked that parish engaged.’’ One reason for such glowing re- since its inception. the school’s endowment has climbed, and the school has completed cutting-edge tech- views is the leadership of its president and ex- On February 10, 1908, twenty people first nologies that have been incorporated into a ecutive director, Delegate Dana Stein. Mr. organized the parish as the First Methodist 21st century curriculum. Stein is one of the original co-founders of Episcopal Church of Westwood. The first serv- Under his skillful guidance, Gilmour Acad- Civic Works. He has served as a leader in the ices were held almost two weeks later in Odd emy has developed a challenging curriculum Baltimore community in several capacities, Fellows Hall in Westwood. As the church with classes that are designed to help stu- most recently being elected to the Maryland grew, a sanctuary and parish building were dents learn to think critically and solve prob- House of Delegates from the 11th District. built. The original sanctuary, which is now a lems in a project-oriented world. The school Dana is committed to improving the lives of part of the education wing, was built in 1913. has grown as a result of the brilliant insight of those who live and work in the Baltimore com- The sanctuary now in use was dedicated in Brother Robert. munity and that commitment is replicated by 1960. Madam Speaker and colleagues, please join those who have worked with him to help Civic me in recognizing Brother Robert E. Levelle Works achieve this status. Community service has always been a cor- Madam Speaker, on behalf of all those who nerstone of Westwood United Methodist for his long tenure of servitude to Gilmour Academy. May his commitment to education have benefited directly and indirectly from this Church’s mission. Longtime member Ada commitment, I want to once again congratu- Hampton helped to organize the Westwood serve as an example for us all and inspire future educators. late Civic Works on achieving the Excellence Area Clergy Council and Westwood United in Corps Operations Status. f Methodist Church has been an active partici- f pant since its inception. The parish worked COMMENDING CIVIC WORKS FOR with other community congregations to estab- RECEIVING THE CORPS NET- RUSSELL J. ‘‘RUSTY’’ HAMMER: lish the Westwood House for Senior Citizens. WORK’S EXCELLENCE IN CORPS HONORING A LIFETIME OF SERV- They established the Family Food Cupboard OPERATIONS STATUS ING THE COMMUNITY and actively support the Helping Hand Food Pantry in Hillsdale, including through their HON. JOHN P. SARBANES HON. JANE HARMAN September Food Drive. The Church regularly OF CALIFORNIA OF MARYLAND opens its doors to area self-help groups, like IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Alcoholics Anonymous. Gamblers Anonymous, Tuesday, February 12, 2008 Tuesday, February 12, 2008 and Alanon. And the Church has offered its fa- Ms. HARMAN. Madam Speaker, my many cilities to the community as a crisis center in Mr. SARBANES. Madam Speaker, I rise years of public service have been enhanced the event of a catastrophic emergency. today to commend Civic Works’ service to Bal- by contact with talented community leaders The Church has recently opened up a not- timore and to congratulate the organization for representing numerous organizations and for-profit thrift shop to support charitable work. earning the Corps Network’s Excellence in every part of the political spectrum. Among Westwood United Methodist Church has also Corps Operations (ECO) Status. them, Russell J. ‘‘Rusty’’ Hammer—former been a longstanding, strong supporter of Civic Works’ strong commitment to the local President and CEO of the Los Angeles Area scouting, having been home to Troop 47 for community is defined in its mission to assist Chamber of Commerce—stood out. over 80 years. The Twin Valleys District of the Baltimore residents in creating a better future Rusty died in late January at the young age Northern New Jersey Council often looks to for their city. With the help of approximately of 54, succumbing to a rare form of leukemia the Church for a meeting and event location. 200 AmeriCorps volunteers each year, Civic that he had been fighting with characteristic During the holidays. Westwood United Meth- Works serves Baltimore by performing a vari- courage and grace since 2003. He is survived ety of tasks such as tutoring and mentoring odist works with the Bergen County Division of by his wife Pamela and children Gerald and children, building community parks and gar- Youth and Family Services to brighten Christ- Jennifer. dens, and rehabilitating abandoned houses for Rusty Hammer’s career was marked by mas for less fortunate children through Oper- low-income families. The volunteers participate early political success with his election, at age ation Santa Claus. They work with the Inter- in team-based projects and weekly academic 18, to the Campbell, California City Council— Religious Fellowship to provide meals for the enrichment to effect positive change in their making him the youngest elected official in homeless as well. lives and their community. Each year, Civic U.S. history at that time. Three years later, he This parish provides a tremendous public Works also trains and helps 200 Baltimore was selected as mayor, making him one of the service beyond its own church community and residents find employment through its Health youngest American mayors ever. In 1982, he I commend them for their good works as they Care Careers Alliance partnership with five of retired from politics, began a distinguished ca- rededicate themselves to another century of Baltimore’s hospitals and the B’more Green reer in the private sector, and never looked service. environmental technician training and certifi- back.

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

VerDate Aug 31 2005 00:41 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E12FE8.REC E12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE E160 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2008 In 2001, following 7 years as CEO of the credited for converting a former Academy into Vernand Morency (Green Bay Packers) and Sacramento Metropolitan Chamber of Com- affordable housing for the less fortunate, de- LB Nate Webster (Denver Broncos). merce, Rusty grabbed the reins of the Los An- veloping a portion of a campus for the elderly William ‘‘Billy’’ Rolle, teacher and head foot- geles Chamber. Under his skilled leadership, seeking a God-centered environment and cre- ball coach, graduated from Coral Gables Sen- the LA Chamber was transformed into a thriv- ating Joseph’s Home, a home for homeless ior High School and later Florida A&M Univer- ing and profitable organization—the ‘‘go-to’’ men with medical problems. sity. He began his teaching career in 1985 at group for area entrepreneurs and businesses For many years she has helped guide the Miami Edison Senior High School where he of all sizes. Famicos Foundation, a community develop- also began coaching football. Rolle guided Rusty was also a passionate advocate for ment corporation that provides housing for Northwestern to its 1998 State title, and also the least fortunate, and understood that good low-income families and seniors. led Miami Killian Senior High School to a schools and a healthy environment are funda- Madam Speaker and colleagues, please join State title in 2004. Rolle is the only coach in mental to the Los Angeles area’s appeal. me in recognizing Sister Joan Gallagher. May Miami-Dade County history to lead two Rusty’s insatiable spirit was evident during her years of service to the most vulnerable schools to State championships. his battle with cancer. He published a book— among us be an inspiration to us all in the Coach Rolle returned to coach the Bulls in ‘‘When Cancer Calls Say Yes to Life’’—which world today. 2007 and achieved compiling two of the three he said he wrote to help others struggling with f State titles the School held. He has been rec- the disease. ognized as the 2007 Coach of the Year by Madam Speaker, Rusty Hammer touched HONORING THE MIAMI NORTH- American Football Monthly. Rolle is committed many lives. He will be missed. WESTERN SENIOR HIGH SCHOOL to preparing his team for post-secondary edu- VARSITY FOOTBALL TEAM f cational opportunities, and the world of work. The 2006 State Championship team featured HONORING TIAN-LI YUE FOR RE- HON. KENDRICK B. MEEK seven stars that could sign with the University CEIVING THE 20TH ANNUAL OF FLORIDA of Miami in 2008, as well as infamous star PHRMA DISCOVERERS’ AWARD IN THE HOUSE OF REPRESENTATIVES running back Antwan Easterling (Southern Tuesday, February 12, 2008 Miss). HON. JOE SESTAK To this day, there are still just as many de- OF PENNSYLVANIA––––– Mr. MEEK of Florida. Madam Speaker, voted fans as there were when the School today I rise to pay tribute and congratulate the IN THE HOUSE OF REPRESENTATIVES opened in 1955. Not only has the School’s Miami Northwestern Senior High School var- academic arena earned noteworthy and posi- Tuesday, February 12, 2008 sity football team on being crowned the 2007 tive outcomes throughout the past 53 years, Mr. SESTAK. Madam Speaker, each year, National Champions voted by ESPN’s High but the School’s football program has dem- the Pharmaceutical Research and Manufactur- School Football Super 25 and winning the onstrated and become the highlight in Miami- ers of America (PhRMA) presents awards to 2008 Florida Class 6A State title. Dade County that has continuously produced researchers who have made incredible con- The Bulls have concluded the 2007–2008 the best crop of talent in the Nation. season with a 15–0 season record and a sec- tributions to the development of a revolu- f tionary medicine that helps patients live ond consecutive Florida Class 6A State title. longer, healthier lives. The Bulls won back-to-back State champion- TRIBUTE TO MICHAEL EVANS Today, Tian-Li Yue received the 20th An- ships for the first time in the School’s 50-year WILSON nual PhRMA Discoverers Award from PhRMA. history. They are only the fourth team from The Discoverers Award is PhRMA’s highest Miami-Dade County to achieve the feat since HON. MARION BERRY honor and is presented to the biopharma- 1963. OF ARKANSAS ceutical scientists whose research and devel- Since opening in the fall of 1955, Miami IN THE HOUSE OF REPRESENTATIVES opment of medicines have greatly benefited Northwestern Senior High School students Tuesday, February 12, 2008 mankind, and whose dedication and interest in and faculty have had a sense of pride unlike improving the quality of life of patients exem- any other school in South Florida. The School Mr. BERRY. Madam Speaker, I rise here plifies the best in the research. opened its doors as a learning institution, and today to pay tribute to a dear friend, Michael This year’s award has justly been presented nearly 1,050 Black students who attended the Evans Wilson, who was a longtime advocate to a cutting-edge researcher, and my con- School during its opening year were bused for advancement of education and a veteran stituent, Tian-Li Yue, who works for daily from Black communities throughout Dade who honorably served our country. His pas- GlaxoSmithKline located in my home state of County. Indeed, during this time period seg- sion for improving the lives of Arkansans will Pennsylvania. regated schools were still existent and sub- be missed, as well as his unwavering friend- Therefore, on behalf of the U.S. Congress I sisting; thus, Northwestern became the first ship. He delighted in asking penetrating ques- would like to recognize Tian-Li Yue, Ph.D. for new high school for Miami African-Americans tions, and his friendship was a treasure. developing Coreg(r), which is used as a treat- in a generation. Mike was a compassionate and caring fam- ment for congestive heart failure. Despite the trials and tribulations the School ily man who loved his wife and children more His unwavering dedication and life’s work to often fought long and hard to get past, the than anything else in the world. He had a improve the health and well being of mankind School won its first State title before integra- never-ending and burning desire to help peo- are to be commended. Patients suffering from tion in 1963. After court ordered desegregation ple, and he made a lasting impression on heart failure and hypertension are forever in of 1970, Northwestern continued to strive with- each and every individual who knew him. his debt. in its football program. In 1995 and 1998 the Mike was the son of the late Robert Edward f School won two more State titles. Lee Wilson III and Patte Evans Wilson. He Northwestern, which has the best record of was the great-great-grandson of Robert Ed- IN RECOGNITION OF SISTER JOAN any Dade team (68–13) since 2001, boasts at ward Lee Wilson, who founded Lee Wilson GALLAGHER, CSA least seven major Division I recruits on its ros- and Co. of Wilson in 1886. ter with several others who could go to mid- He attended high school at the Baylor HON. DENNIS J. KUCINICH major programs. Five of those seven have School in Chattanooga, TN, and graduated OF OHIO committed to the University of Miami. Among from The Citadel at Charleston, SC, in 1965. IN THE HOUSE OF REPRESENTATIVES those is senior quarterback Jacory Harris (6– He served in the United States Army in Korea, 4, 170). He led an offense that scored no and he achieved the rank of captain in air de- Tuesday, February 12, 2008 fewer than 28 points during the team’s winning fense artillery prior to his honorable discharge Mr. KUCINICH. Madam Speaker, I rise streak. It is a known fact that the State of Flor- in 1967. today in recognition of Sister Joan Gallagher, ida produces one National Football League Following his tour of duty in the Army. Mike in celebration of her years of kindhearted serv- player for every three of its high schools. returned to Wilson to work at Lee Wilson and ice to the less fortunate within the Northeast Northwestern has played a major part in this Co. He served as chairman and chief execu- Ohio community. contribution with 20 notable graduates includ- tive officer of Lee Wilson and Co. from 1987 Sister Joan is credited for her vigorous in- ing: OT Vernon Carey (Miami Dolphins), DB to the present. volvement in major projects that have touched Torrie Cox (Tampa Bay Buccaneers), WR An- Mike loved the State of Arkansas. Through- the lives of so many people. Joan has been tonio Bryant (San Francisco 49ers), RB out his life, he became well known and highly

VerDate Aug 31 2005 00:41 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E12FE8.REC E12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E161 respected for his philanthropy, his willingness sponsorship by my friend and colleague from of the three major benefits of this Act. This bill to devote countless hours to charitable en- Washington State, Congressman NORM DICKS. seeks to resolve at least the absence of an deavors and for his passion for the advance- For me, both of us, this completes a signifi- entitlement to land. ment of education, both on a statewide and cant goal of the original Act. Let me give you Over the years, the effect of this inequity in national level. Because of his commitment to the background of this issue and the story of the Act has been to substantially disadvantage his community, he was elected mayor of the the 13th Region. the shareholders of the 13th as they tried to City of Wilson from 1986 to the present. In 1971, after years of debate, Congress en- build an economically successful corporation I ask my colleagues to join me in recog- acted the Alaska Native Claims Settlement Act and to deny them the benefits of land owner- nizing Michael Evans Wilson. He was an in- of 1971, 43 U.S.C. § 1601 et seq., ‘‘the Settle- ship in Alaska. As an example, the 13th re- credible person who made a difference in the ment Act’’, extinguishing claims by Native ceived its pro rata share of the monetary pay- lives of so many Arkansans. He will be re- Alaskans based on aboriginal land rights. The ments under the Act but was obligated to dis- membered as a great friend and will be Act divided the State into 12 geographical Re- tribute 50 percent of those proceeds imme- missed by all who knew him. gions which were to be composed as far as diately to shareholders as they were received over a number of years. The remaining 50 f practicable of Natives having a common heritage and sharing common interests. In addi- percent provide the only capitalization for the IN RECOGNITION OF JOHN T. tion, non-resident Natives were given the op- small corporation with many scattered share- KILBANE tion either to enroll in one of the 12 Regional holders. Without a land base or resources to Corporations established for each region or to develop, the 13th did not have the economic HON. DENNIS J. KUCINICH elect, by majority vote, to form a separate 13th base, nor the crucial development alternatives afforded other Regional Corporations. The cor- OF OHIO Regional Corporation to represent the inter- poration did not receive revenues from the de- IN THE HOUSE OF REPRESENTATIVES ests of non-resident Alaskan Natives. Provision for the 13th was focused upon velopment of resources, such as timber har- Tuesday, February 12, 2008 serving the interests of non-resident Alaska vest which was accomplished in several re- Mr. KUCINICH. Madam Speaker, I rise Natives while affording them their fair share of gions, or a share of Sec. 7(i) revenues, includ- today in recognition of John T. Kilbane. John the settlement. Some non-resident Natives ing petroleum revenues, which were a source has transformed his Cleveland union into an had been dislocated during and after World of income for the 12 Regional Corporations. educated workforce prepared for the chal- War II, others left their homes to serve in the The 13th has survived but with some difficulty, lenges of a global economy. Armed Forces, many left to attend high and it is time to provide a fairer share of the Since 1974, when he emigrated to the schools and colleges in other States, and still settlement to them for their future. To correct the inequity caused by the Settle- United States, John has put in many years of others, for economic reasons, migrated south ment Act’s failure to equally compensate non- dedicated work. Whether working the front in the hope of attaining employment. Informa- resident Natives for the extinguishment of their lines of the Ford plant or managing important tion about the Settlement Act and its implica- aboriginal land claims, the 13th Regional Cor- tions for non-resident Natives was difficult to projects for a west coast-based company, in poration Land Entitlement Act will place the obtain, spotty and inconsistent in character, his years of hard work, John has held numer- shareholders of the 13th on a better footing and generally insufficient to enable individual ous important positions within the Local #310 with shareholders of the other Alaska Native union. non-resident Natives to make reasoned deci- Regional Corporations, at least as far as land John was instrumental in introducing ap- sions. In this situation, a majority of non-resi- is concerned. prenticeship programs that teach laborers to dent Alaska Natives felt that their interests The proposal authorizes the 13th to select do things they never did before. John estab- could best be protected by forming the non- land from the excess lands previously with- lished the first Construction Craft Laborers Ap- resident 13th to better control and direct their drawn by the Secretary of the Department of prenticeship Program in Ohio. He is also re- own affairs. Ultimately approximately 4,500 the Interior on behalf of other Regional Cor- sponsible for the construction of his Local Alaska Natives chose to enroll in the new porations. The proposed legislation gives ab- 310’s new Training Center, which welcomed 13th. Wherever they resided then, or now, solute priority to land selections by the State its first class in 2005. however, they were and are Alaska Natives, of Alaska and other Native Corporations, re- Madam Speaker and colleagues, please join and we honor them. gional and village, and prohibits the selection me in recognizing John T. Kilbane, an innova- In opting to join the 13th, however, these of lands from within conservation system units, tive leader in Cleveland, for his commitment to non-resident Natives were deprived of the abil- as defined in the Alaska National Interests his brothers and sisters. May future genera- ity to fully participate in the settlement of their Lands Conservation Act. The 13th may not se- tions of laborers draw inspiration from his ef- claims as that settlement was generally pro- lect from the National Petroleum Reserve, the forts. vided by the Act. Let me be specific. Monetary Tongass or Chugach National Forests and f payments under the Settlement Act were other sensitive areas. In other words, the 13th made through the Alaska Native Fund, and is at the very end of the line for its land selec- AMENDMENT TO THE ALASKA NA- distributed among all 13 Regional Corpora- tions. This is nonetheless far more equitable TIVE CLAIMS SETTLEMENT ACT tions on a per capita basis, but land was dis- for the 13th than the present situation. TO PROVIDE LAND RIGHTS FOR tributed only among the 12 resident Regional In proposing this legislation, the share- THE 13TH REGIONAL CORPORA- Corporations and the Village Corporations holders of the 13th are seeking equity by TION within those regions. No additional money, being placed on a stronger and more equal however, was provided to the 13th to com- footing with respect to the Native shareholders HON. DON YOUNG pensate for the absence of land. The Settle- of the other 12 Native Regional Corporations. OF ALASKA ment Act also provided that the 12 Regional This is supported by the Alaska Native com- IN THE HOUSE OF REPRESENTATIVES Corporations would share among themselves munity. This proposal has been endorsed by some of the revenues from all natural re- Tuesday, February 12, 2008 the Alaska Federation of Natives and by the source development occurring on the lands Association of Regional Corporation Presi- Mr. YOUNG of Alaska. Madam Speaker, conveyed to them. The 13th did not receive dents, and it has been thoroughly considered there have been many items of unfinished this right. by the Alaska delegation. business which flowed from the Alaska Native In sum, Alaska Natives enrolled in the 13th My first term in Congress was the one im- Claims Settlement Act, ANCSA, which was did not receive any land, and did not receive mediately following the enactment of ANSCA originally enacted on December 18, 1971. A additional money in lieu of land, and did not in late 1971. I can tell you that neither the Act number of these issues have been resolved get any right to participate in distributions from nor its implementation focused much attention over the years. Few of those unfinished items, the pool of natural resource revenue funds in on the 13th. They were not fully represented, however, stand out in my mind as much as which the other Regional Corporations shared. so members of the Washington State delega- the need to provide land selection rights to the The 13th, being comprised of non-resident tion like the late Congressman Lloyd Meeds members of the 13th Regional Corporation, Alaska Natives, was thus denied full participa- and Senator Henry Jackson took their side but which was formed by ANSCA primarily to rep- tion in the settlement provided by the Settle- were not able to accomplish land rights for the resent Alaska Natives residing outside of Alas- ment Act. While some will claim that this was 13th, or a monetary settlement in its stead. ka at that time. Today, with the 13th Regional their choice, it seems clear that it was an inad- Congressman Meeds believed throughout his Corporation Land Entitlement Act, I address equately informed choice, and resulted in de- life that this was a matter that required resolu- that objective. I am pleased to be joined in this priving over 4,500 members of the 13th of two tion.

VerDate Aug 31 2005 00:41 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E12FE8.REC E12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE E162 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2008 What the 13th will receive under the new bill Duval-Flynn, President of the Media, Pennsyl- Cpl. Herrera served in the Army National is, with one major exception, the same per vania NAACP Chapter. I rise today to con- Guard in the States of Massachusetts and Ne- capita land right that all other regional cor- gratulate Dr. Duval-Flynn for her vision, intel- vada from 2006–2007, when he began active porations received, no more and no less. The ligence and dedication. She leads a chapter of Federal service. From 1987–1990, he served number of acres is arrived at by taking the the NAACP borne of a violent act in the early in the U.S. Air Force. total number of acres conveyed to the other 1920’s and committed to making Delaware From 1990–1991, Cpl. Herrera worked for Regional Corporations pursuant to Section County, Pennsylvania a 21st century commu- the U.S. Department of Commerce, Bureau of 12(c) of ANSCA, 15,769,600 acres, and after nity where people of all colors and creeds live the Census as a Computer Operator. Fol- subtracting Sealaska’s shareholders, Sealaska together as neighbors, friends and first class lowing this, he took a position as Human Re- received a separate entitlement, and the citizens. source Assistant for the Governor of Texas shareholders of the 13th, which received no In my first year representing the 7th District from 1991–1996. Cpl. Herrera left government land, dividing this 15,769,600 acres by 60,026, of Pennsylvania, the NAACP’s magazine, The service in 1996 to begin a near ten-year jour- the number of original Native shareholders en- Crisis, featured an article titled ‘‘Women War- ney in academia, earning commendable cre- rolled to the other 11 Native Regional Cor- riors, Female Combatants Sacrifice Lives for dentials that prepared him for his future mili- porations. On a per capita basis, the share- Country.’’ That article gave me cause to con- tary and government service. holders of the other 11 Regional Corporations sider all of the extraordinary women and men In May 2001, Cpl. Herrera graduated from received approximately 262.7 acres per origi- of color I had the privilege of serving with dur- the University of Texas at Dallas with a BA in nal shareholder. This per capita number multi- ing more than thirty years in our Armed Government Politics. In May 2002, he grad- plied by the 4,426 original shareholders of the Forces. uated from the Southern Methodist University 13th results in the 1,162,710 acres. For that privilege and honor, I owe—and our with a MLA in Liberal Arts/History. Finally, in The bill gives absolute priority to land selec- Nation owes—a personal debt of gratitude to December 2005, Cpl. Herrera concluded his tions of other Native Corporations and the Dr. Duval-Flynn, Mary White Ovington and academic journey with an MA in Criminology & State of Alaska. Additionally, the bill prohibits countless other leaders and members of the Criminal Justice from the University of Texas the 13th from making selections within con- NAACP. As W.E.B. Du Bois wrote in his first at Arlington. servation system units, the Tongass and Chu- editorial page of The Crisis, in 1910, that voice Cpl. Herrera has also taken it upon himself gach National Forests, the National Petroleum of the NAACP ‘‘will stand for the right of men, to become fluent in Spanish, French, Italian, Reserve–Alaska, and other potentially sen- irrespective of color or race, for the highest German, and Russian. Additionally, he has a sitive public lands. ideals of American democracy, and for the working knowledge of Mandarin Chinese, Ko- All other interests, from the State to other reasonable but earnest and persistent attempt rean, and Japanese. Native corporations and the conservation com- to gain these rights and realize these ideals.’’ Cpl. Herrera is married to the former Kasi munity, were able to make their land selec- Dr. Duval-Flynn has continued that tradition. I Ann Roberts of Jacksonville, North Carolina. tions or designate large areas for protection am proud to know and work with this remark- They were married on March 10, 2006 and and special management. All of these groups able leader, Dr. Joan Duval-Flynn, and with have one daughter, Emma Belen Herrera, won congressional approval, and were able to the NAACP who gave us leaders such as Dr. born on February 2, 2006. Mrs. Herrera’s par- secure their preferences, when the land eligi- Joan Duval-Flynn. ents reside in Sherman, Texas. Although Cpl. ble for selection was prime and high on the list Founded on February 12, 1909, the NAACP Herrera’s parents are deceased, he has close of priorities. The 13th comes behind all other is the nation’s oldest and largest civil rights or- family that reside in Austin and Dallas, Texas. priorities, including State and Native selec- ganization. It has worked successfully with al- Throughout his life, Cpl. Herrera has over- tions, national conservation lands, and others. lies of all races who believe in, and stand for, come poverty and hardship in an effort to The intent is that the land of the 13th will be the principles of civil rights on which the orga- meet incredible personal goals and objectives. selected in a cooperative process with other nization was founded. Madam Speaker, please join me in honoring land owners and can be complementary to The NAACP’s legacy includes historic Corporal Thomas James Herrera, for his com- those selections, by other regions or villages, events as well as distinguished leaders, such mitment to academic and professional suc- the State or other public purposes. I believe as W.E.B. Dubois and other civil rights lumi- cess. He is a remarkable public servant who this is not only fair but good policy as Alaska naries such Rosa Parks, Medgar Evers, and has served our Nation and epitomized the moves forward. It is simply time to resolve this Thurgood Marshall, who served as special dedication and professionalism that make our long-standing inequity, and to provide the 13th counsel for the NAACP when he argued the military a model all over the world. Native Region with the right to a limited land historic U.S. Supreme Court case of Brown V. f base just as all other Native regions. I urge Board of Education, a landmark victory for my colleagues to join with me in achieving this equality that outlawed segregation in schools. IN CELEBRATION OF THE NASA goal this year. Our obligation to African Americans and all GLENN RESEARCH CENTER f Americans is to honor the accomplishments of the past by acting in a substantive manner to HON. DENNIS J. KUCINICH HONORING THE 99TH improve lives for tomorrow. Thank you, OF OHIO ANNIVERSARY OF THE NAACP NAACP, and thank you, Dr. Joan Duval-Flynn. IN THE HOUSE OF REPRESENTATIVES HON. JOE SESTAK f Tuesday, February 12, 2008 OF PENNSYLVANIA TRIBUTE TO CORPORAL THOMAS Mr. KUCINICH. Madam Speaker, I rise JAMES HERRERA IN THE HOUSE OF REPRESENTATIVES today in celebration of the NASA Glenn Re- search Center. The NASA Glenn Research Tuesday, February 12, 2008 HON. J. RANDY FORBES Center will be receiving its one-hundredth Mr. SESTAK. Madam Speaker, for nearly a OF VIRGINIA R&D 100 Award from R&D Magazine. R&D century, the National Association of the Ad- IN THE HOUSE OF REPRESENTATIVES 100 award winners are chosen by the editors vancement of Colored People, NAACP, has of the magazine as well as an external panel been fighting for the civil rights and dignity of Tuesday, February 12, 2008 of experts in recognition of their contributions people of color. As a result of their efforts, our Mr. FORBES. Madam Speaker, I rise today in developing the top 100 most technologically great nation today can boast of a society more to pay tribute to Cpl. Thomas Herrera, who significant products of the year. diverse, productive, prosperous and hopeful enlisted in the United States Army on Sep- NASA Glenn Research Center’s one-hun- than any in history. tember 12, 2007. Cpl. Herrera’s notable career dredth R&D 100 Award signifies the excel- However, today’s hope is a far cry from the spans 18 years, and his record of achieve- lence of the Glenn Center’s staff and the Cen- violence, segregation and discrimination that ments during this period reflects greatly upon ter’s significant contributions to NASA’s mis- inspired Mary White Ovington, William English himself and upon the organizations with which sion. The Glenn Research Center and its staff Walling and Dr. Henry Moskowitz to meet in a he has served. have been included in these awards for over little room of a New York apartment and com- A native of Austin, Texas, Cpl. Herrera has 41 years. Consisting of almost three-thousand mit the fledgling NAACP to the most important followed a diverse career path of increasing civil service employees, The Glenn team has social movement in our national history. responsibility culminating in his enlistment into consistently strived for technical excellence in Today, the spirit of those brave and patriotic the U.S. Army. Mr. Herrera is currently serving order to expand the boundaries of space, founders’ lives on in leaders like Dr. Joan as Corporal at Fort Lee, Virginia. Previously, science and aeronautics technology.

VerDate Aug 31 2005 00:41 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E12FE8.REC E12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E163 Madam Speaker and colleagues, please join ‘‘Grandma Rose’’ not only cares for young IN RECOGNITION OF JAMES F. me in honoring the NASA Glenn Research James, but is also an active member of her RODES, JR. Center’s team on their significant contributions church by making the flower arrangements to the field of aeronautics and to continuing to and providing transportation to church mem- HON. DENNIS J. KUCINICH work for maintaining NASA’s global leadership bers. OF OHIO in aeronautics. With the help of Anderson Homes and IN THE HOUSE OF REPRESENTATIVES f ABC–TV Extreme Makeover: Home Edition, Tuesday, February 12, 2008 the new home will accommodate the special IN HONOR OF ANDERSON HOMES needs of Ms. Latif’s son, James, and will Mr. KUCINICH. Madam Speaker, I rise make life easier for the entire family, including today to honor CDR James F. Rodes, Jr., for HON. MICHAEL N. CASTLE ‘‘Grandma Rose.’’ his exceptional service in the Cleveland police OF DELAWARE Thank you to Steve Anderson, the employ- force and the United States Navy Reserve. IN THE HOUSE OF REPRESENTATIVES ees of Anderson Homes, ABC, and all the vol- James attended Cuyahoga Community Col- Tuesday, February 12, 2008 unteers who made the dream of a brand new lege while serving as a patrol officer and de- home a reality for these deserving families. tective in the fourth district, graduating in 1986 Mr. CASTLE. Madam Speaker, it is with with a degree in law enforcement and criminal great pleasure that I rise today to pay tribute f justice. He worked his way through the ranks, to Steve Anderson and the dedicated employ- starting as a patrol officer and team leader of ees of Anderson Homes, an independent HONORING CECIL SCAIFE the Dive Search and Recovery Team, and homebuilder based in Middletown, Delaware. continuing his career as a detective in the Fu- This week Anderson Homes will do what gitive Unit, Accident Investigation Unit, Bureau many consider impossible. Together, with HON. MARSHA BLACKBURN of Special Investigations, and Homicide Unit. ABC’s Extreme Makeover: Home Edition de- OF TENNESSEE He retired on November 1, 2007, after 26 sign team and hundreds of local sub-contrac- IN THE HOUSE OF REPRESENTATIVES years of service. tors and volunteers, they will build two new James’s distinguished career is also defined high quality homes for two Wilmington families Tuesday, February 12, 2008 by his success in the Navy Reserve. He en- in less than a week’s time. Mr. Ty Pennington, Mrs. BLACKBURN. Madam Speaker, I rise tered active duty on October 12, 1971, and the host of the show, informed the Latif family today to celebrate the accomplishments of was initiated Gunner’s Mate Chief Petty Offi- and their neighbor Rose Chatman of the won- Cecil Scaife and other key individuals who cer in 1985. He was a salvage diving officer derful news Tuesday morning in traditional helped transform Nashville, Tennessee, into in Cleveland, a company commander in Bos- fashion: yelling ‘‘Good Morning’’ via bullhorn. Music City, USA. Tonight at the historic nia and Herzegovina, a commander in Japan Anderson Homes has agreed to tackle this Ryman Auditorium, Belmont University will and Akron, Ohio, and also served in Iraq from unbelievable challenge of building two houses, present Nashville Celebrates Elvis! to highlight September 2006 to February 2007. while waiving all fees and donating all the ma- Elvis Presley’s important contributions to the Commander Rodes spent his childhood in terials. Anderson Homes was founded in Mid- recording industry in Nashville. The event will the Cleveland area and now resides in Brook- dletown, Delaware, in 2000 and has 45 full- also honor the contributions of Cecil Scaife lyn, Ohio, with his wife Diane. He is the proud time employees. In just 7 years, the company and benefit the Cecil Scaife Music Business father of two daughters, Lieutenant Stacy R. has built more than 1,000 quality homes. The Scholarship Fund. The work done by Cecil, Meyers and Melissa A. Hazek. company was named the ‘‘Fastest Growing Bob Mulloy, and other industry leaders to Madam Speaker and colleagues, please join Homebuilder in the Nation, 2003’’ by Builder found and nurture what would become the me in honoring Commander James F. Rodes, Magazine and was the recipient of 11 Regal Mike Curb College of Entertainment and Music Jr., a man whose exemplary service in both Awards by the Homebuilders Association of Business at Belmont University built upon the the United States Navy and the Cleveland Po- Delaware in 2006. success of Elvis and other early pioneers to lice Department will serve as an inspiration for ABC–TV Extreme Makeover: Home Edition cement the place of Nashville in the entertain- generations to come. is on a quest to build a house in all 50 States. ment landscape of our country. f Each family will return from an all expenses paid trip to Disney World to find a brand new’ Beginning in radio in the 1950s and then HONORING STATE SENATOR home, custom built to meet their special moving into the recording business, Cecil ADELINE GEO-KARIS needs. The Extreme Makeover team selected Scaife eventually became the first promotions the Latif and Chatman families of Delaware for manager for the legendary producer Sam Phil- HON. MELISSA L. BEAN their most recent home-building project be- lips at Sun Records in Memphis. Cecil would play a key role in the early careers of not just OF ILLINOIS cause of their unique and inspiring cir- IN THE HOUSE OF REPRESENTATIVES cumstances. Elvis, but also Charlie Rich, Jerry Lee Lewis, Ju-Juanna Latif’s life story is one of inspira- Carl Perkins and Johnny Cash. He also Tuesday, February 12, 2008 tion, a reminder to all of us of what can be ac- worked in the first three-track recording studio Ms. BEAN. Madam Speaker, upon the occa- complished if one perseveres. Ms. Latif be- in Nashville and the RCA Victor Studio B sion of her passing, I rise today to celebrate came a single mother at the age of 16 and where Elvis recorded some of his greatest the life and achievements of Illinois State Sen- dropped out of high school. In spite of the ob- hits. ator Adeline Geo-Karis, a true political pioneer stacles, Ms. Latif earned a GED and set her Not content with enjoying his personal suc- who dedicated her life to serving the people of sights on going to college. Unfortunately, life cess, Cecil Scaife joined with others in 1971 Illinois. once again challenged Ms. Latif and she to lay the groundwork for the music business She was a woman in leadership when there found herself living in a homeless shelter with program at Belmont University. He taught weren’t any others. She broke through all the her baby. While living at the shelter, Ms. Latif there, established a scholarship to honor his barriers, as the only woman in her graduating worked proactively to achieve her goals by wife, Sherytha, and made sure all of his chil- class at DePaul University Law School, as a taking parenting classes, undergoing job train- dren were educated there. His work helped lieutenant commander in the U.S. Naval Re- ing, and enrolling in college once again. ensure that the program would become a serve, as the State’s first female assistant Upon completion of a work study program, model for other music schools around the State’s attorney, and the first woman elected Ms. Latif was able to move out of the shelter country. This program ensured that Nashville to the Illinois General Assembly from Lake into low-income housing. Ms. Latif bought her would never run short on talented. well-pre- County. grandmother’s home and, in doing so, also pared, home-grown music business profes- Through more than three decades of service met a wonderful neighbor, Rose Chatman. sionals ready to lead Nashville’s music indus- in the Illinois General Assembly, Senator Geo- Ms. Latif is a proud mother of four children, try into the future. Karis spearheaded successful efforts to cut ages: 19, 13, 12, and 9. James, Ms. Latif’s Madam Speaker, I ask my colleagues to join crime and promote alternative energy use. youngest child, has been diagnosed with cere- me in congratulating Cecil Scaife, Belmont She was a tireless advocate for senior citizens bral palsy and is wheelchair-bound. Ms. University, and all those who have worked so and a longtime champion of the disabled. She Chatman, better known as ‘‘Grandma Rose’’ hard to make sure Nashville, Tennessee, will brought constituent service to new heights and takes care of James during the day while Ms. always be one of the musical and cultural set the bar for other elected officials in the Latif goes to work as a welfare fraud analyst. treasures of our country. State of Illinois.

VerDate Aug 31 2005 00:41 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E12FE8.REC E12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE E164 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2008 She served with distinction as the mayor of 1978 with 35 students. Under her guidance as PERSONAL EXPLANATION Zion and as an immigrant from Greece, she director of the center, she currently has more was an inspiring example of the American than 250 students, ranging in age from 5 to HON. TAMMY BALDWIN Dream. 30. OF WISCONSIN Madam Speaker, Senator Geo-Karis has In 2006, Crawford’s spectacular choreog- IN THE HOUSE OF REPRESENTATIVES served her district, State, and country with ex- raphy took third place at the 2006 World Tuesday, February 12, 2008 emplary dedication and commitment. Her 34 Championships of Irish Dancing in Belfast. Her Ms. BALDWIN. Madam Speaker, I regret years of outstanding public service ensure that dancers have earned very high rankings in that due to inclement winter weather, I missed her legacy will be remembered. many other national and international competi- recorded votes on February 6, 2008, and Feb- f tions. Among many of her other honors, she ruary 7, 2008. earned the highly desirable position of adjudi- HONORING WARWICK TOWNSHIP Had I been present on those days, I would cator of the world governing organization for ON ITS 275TH ANNIVERSARY have voted in support of H. Res. 867, H. Res. Irish Dance, An coimistun le Rinici Gaeltica. 942, H. Res. 943, H. Res. 956, H. Con. Res. HON. PATRICK J. MURPHY As a teenager, Crawford maintained the 283, and H.R. 4848. Irish Cultural Garden in Rockefeller Park. She OF PENNSYLVANIA f later went on to become the director of the or- IN THE HOUSE OF REPRESENTATIVES ganization that oversees the verdant spot in IN CELEBRATION OF REGINA Tuesday, February 12, 2008 1995. For the past 8 years, she has also BRETT Mr. PATRICK J. MURPHY of Pennsylvania. served as vice president of the Cultural Gar- Madam Speaker, I rise today to honor the den Federation of Cleveland. Currently, HON. DENNIS J. KUCINICH 275th anniversary of Warwick Township, Crawford is heading a project to refurbish the OF OHIO Pennsylvania. Warwick has a long and notable Irish Garden. IN THE HOUSE OF REPRESENTATIVES history, serving as the location for several cru- Crawford’s outstanding commitment to shar- Tuesday, February 12, 2008 cial events in the birth of our Nation. ing Ireland’s rich cultural traditions and values Mr. KUCINICH. Madam Speaker, I rise Warwick Township was formed by petition goes far beyond Irish dancing. She has been today in celebration of Regina Brett. Regina on February 13, 1733. Located in central a five time president of a religious and cultural Brett reaches over half a million readers a Bucks County, the township served as an im- organization that raises funds for charity, the week as a thrice-weekly metro columnist for portant fixture in colonial life in the 18th cen- Ladies Ancient Order of Hibernians. In 1993, the Cleveland Plain Dealer, which she joined tury. York Road, one of the major roads run- she was named Hibernian of the Year. in 2000 after 7 years as a reporter and col- ning throughout the township, served as the Madam Speaker and colleagues, please join umnist for the Akron Beacon Journal. Brett major connection between New York and me in recognizing Sheila Murphy Crawford’s also hosts a weekly radio program on Cleve- Philadelphia. During the American Revolution, significant contributions to preserving and land’s National Public Radio Station, WCPN, York Road was used as a passage for the sharing Irish culture with the community. 90.3 FM. With the capacity to reach out to so American Army during northern campaigns. many people through her column and radio Warwick Township was also home to Gen- f show, she has been able to highlight issues eral Washington’s headquarters. The township and generate debate concerning topics that welcomed Marquis de Lafayette and Count RECOGNIZING MRS. IMOGENE are of great importance to the Greater Cleve- Pulaski to join the American Army, where they COTTER land community. later became critical to the American victory Regina Brett earned her B.A. from Kent over the British. The nearby Neshaminy State University and her M.A. from John Car- Church was transformed into both a hospital HON. DENNIS R. REHBERG roll University. She later went on to serve as and a location for court-martials throughout OF MONTANA president of the National Society of News- the American Revolution. paper Columnists. Among many of her honors IN THE HOUSE OF REPRESENTATIVES Today, Warwick Township continues its his- and awards, in 1999, she was the recipient of toric tradition of hospitality and community. Tuesday, February 12, 2008 the yearly awarded Batten Medal; established The township offers its residents and visitors a in memory of the late CEO and chairman of variety of public parks, sports fields, pavilions, Mr. REHBERG. Madam Speaker, I rise the Knight Ridder newspaper chain, which rec- playgrounds and ponds. Community Park today to honor the oldest registered Repub- ognizes one journalist nationwide whose writ- proves the township’s residents with a chil- lican residing in Phillips County, Montana, ing displays ‘‘compassion, fairness, courage, dren’s summer day camp program, as well as Mrs. Imogene Cotter. On February 10, Mrs. and a deep concern for the underdog.’’ public Sunday evening concerts throughout Cotter celebrated her 100th birthday. Arriving Through her body of work, she has contin- July and August. Warwick Township also fea- in Montana on an immigrant train from Mis- ued, fearlessly and relentlessly, to illuminate tures a public golf course, the Neshaminy Val- souri when she was a young child, Imogene the challenges, victories, people and commu- ley Golf Club. homesteaded with her family and her husband nities that make up and affect the Greater Warwick Township serves both as an out- William until the ranch sold in 1970. Whether Cleveland area. standing reminder of our Nation’s history, as it was serving as an election clerk for Phillips Madam Speaker and colleagues, please join well as an exceptional example of a modern County for over 30 years, working as a State me in recognizing Regina Brett’s outstanding American town. Madam Speaker, I am proud officer for several different years in the Cattle contributions to journalism and to the Greater to represent Warwick Township and grateful Women’s organization ‘‘Cow Belles’’, or being Cleveland Community. for the opportunity to recognize their momen- heavily involved in her husband’s career as a f tous 275th anniversary. county commissioner and school board presi- f dent, Imogene’s contributions to the Repub- PERSONAL EXPLANATION IN CELEBRATION OF SHEILA lican Party, Phillips County, and the State of MURPHY CRAWFORD Montana are endless. HON. KEITH ELLISON Reaching this significant milestone is some- OF MINNESOTA HON. DENNIS J. KUCINICH thing that should not go unnoticed or IN THE HOUSE OF REPRESENTATIVES unappreciated. Please accept my wishes for a Tuesday, February 12, 2008 OF OHIO very happy birthday—and my sincere con- IN THE HOUSE OF REPRESENTATIVES Mr. ELLISON. Madam Speaker, on January gratulations for the good life you are living. 22, 2008, I failed to vote on rollcall Nos. 19 Tuesday, February 12, 2008 It is the compassion, dedication, courage, and 20 because my flight was unexpectedly Mr. KUCINICH. Madam Speaker, I rise and commitment of people such as you that is delayed. Had I voted, I would have voted today in celebration of Sheila Murphy truly the Spirit of America. Your experiences of ‘‘aye’’ on rollcall No. 19 and ‘‘aye’’ on rollcall Crawford. Thirty years ago, Sheila Murphy the past 100 years qualify you to educate and No. 20. Crawford founded the Murphy Irish Arts cen- pass your wisdom on to those of younger gen- Madam Speaker, on December 13, 2007, I ter, which she established as a non-profit to erations. I hope you will tell your stories—and inadvertently failed to vote on rollcall No. support Irish cultural activities. She began in I hope they will listen. 1156. Had I voted, I would have voted ‘‘aye.’’

VerDate Aug 31 2005 00:41 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E12FE8.REC E12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E165 Madam Speaker, on December 5, 2007, I H.R. 5264 EXTENDS SUCCESSFUL then spent time on the Strike Force and the inadvertently failed to vote on rollcall No. PREFERENCE PROGRAMS WITH Detective Bureau from 1984 to 1989. He was 1130. Had I voted, I would have voted ‘‘aye.’’ ANDEAN, CARIBBEAN, AND GSP then assigned to the Cleveland Police Mount- Madam Speaker, on November 14, 2007, I NATIONS ed Unit until 1999, when he moved to the Fu- inadvertently failed to vote on rollcall No. gitive Unit. In June 2000, he was promoted to 1103. Had I voted, I would have voted ‘‘aye.’’ HON. CHARLES B. RANGEL sergeant and served his remaining time with a stint in the fifth district and the Detective Bu- Madam Speaker, on October 31, 2007, I in- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES reau until his retirement on December 7, 2007. advertently failed to vote on rollcall No. 1023. Madam Speaker and colleagues, please join Had I voted, I would have voted ‘‘aye.’’ Tuesday, February 12, 2008 me in honoring Dan Colegrove for his dedica- Madam Speaker, on October 22, 2007, I in- Mr. RANGEL. Madam Speaker, I would like tion to his community of West Cleveland. advertently failed to vote on rollcall Nos. 983– to offer a few words on H.R. 5264, a bill that f 985. Had I voted, I would have voted ‘‘aye’’ on I introduced to provide a long-term extension COLEGE OPPORTUNITY AND rollcall No. 983; ‘‘aye’’ on rollcall No. 984; and of three trade preference programs scheduled AFFORDABILITY ACT OF 2007 ‘‘aye’’ on rollcall No. 985. to expire this year. This bill would extend until Madam Speaker, on June 13, 2007, I inad- September 30, 2010 the Andean trade pref- SPEECH OF vertently failed to vote on rollcall No. 465. Had erences (ATPA) that are due to expire on Feb- I voted, I would have voted ‘‘aye.’’ ruary 29, preferences for the Caribbean Basin HON. VERNON J. EHLERS OF MICHIGAN Madam Speaker, on March 9, 2007, I inad- (CBI) countries—which expire on September IN THE HOUSE OF REPRESENTATIVES vertently failed to vote on rollcall No. 133. Had 30—and the Generalized System of Pref- I voted, I would have voted ‘‘no.’’ erences (GSP), which expires on December Thursday, February 7, 2008 31. H.R. 5264 also addresses a number of Madam Speaker, on February 12, 2007, I The House in Committee of the Whole problems with the textile provisions of the Afri- inadvertently failed to vote on rollcall Nos. 93– House on the State of the Union had under can Growth and Opportunity Act (AGOA) and consideration the bill (H.R. 4137) to amend 94. Had I voted, I would have voted ‘‘aye’’ on the competitive need limitation (CNL) waiver and extend the Higher Education Act of 1965, rollcall No. 93; and ‘‘aye’’ on rollcall No. 94. provisions of GSP. and for other purposes: These preference programs have been a Mr. EHLERS. Mr. Chairman, I rise in sup- f centerpiece of U.S. efforts to spread the bene- port of the College Opportunity and Afford- PERSONAL EXPLANATION fits of globalization to the world’s poor and de- ability Act (H.R. 4137), a bill to reauthorize the veloping countries. They have created tens of Higher Education Act’s programs. thousands of jobs—jobs that are likely to be I thank Chairman MILLER, Representative HON. JON C. PORTER lost to countries like China if the programs are MCKEON and their staff for their hard work on not renewed—and have created critical eco- this reauthorization bill. I am very pleased that OF NEVADA nomic opportunities for workers and busi- the Education and Labor Committee voted IN THE HOUSE OF REPRESENTATIVES nesses in the United States. These programs unanimously to favorably refer this bill to the full House for consideration. It is a testament Tuesday, February 12, 2008 have also fostered key U.S. foreign policy goals, including U.S. counternarcotic efforts, to the fact that bipartisan work, though difficult, Mr. PORTER. Madam Speaker, I was ab- and empowered the agents of democracy and pays off with a better final product. This bill sent from the House on Thursday, February 7, reform abroad. makes substantive changes that help future 2008, attending a funeral in Las Vegas. Had Extension beyond 2010 would have been college students and our Nation’s economy. I been present, I would have voted in the fol- ideal to provide the necessary predictability Several provisions that I authored were in- lowing way: and stability for the Andean, Caribbean, and cluded in the College Opportunity and Afford- ability Act. For example, the bill includes provi- On rollcall vote #42, H.R. 5140, the Eco- GSP programs. However, I have included the sions of the Higher Education Sustainability nomic Stimulus bill. ‘‘yea.’’ shorter extension in this bill to accommodate the range of opinions on the issue of renewal. Act, a bill that I introduced with Rep. On rollcall vote #41. H. Res. 947, Congratu- In the coming days, I will work with my col- BLUMENAUER to establish a competitive grant lating Lee Myung-Bak on his election, ‘‘yea.’’ leagues to harness the strong bipartisan sup- program to encourage colleges and univer- On rollcall vote #40, H.R. 4137 the College port that I believe exists to extend and im- sities to develop, implement and evaluate their Opportunity and Affordability Act, ‘‘yea.’’ prove these critical trade preference programs. sustainability practices and academic pro- On rollcall vote #39, H.R. 4137 On Motion Finally, a 2-year renewal of these programs grams. I appreciate the efforts of Representa- to Recommit, ‘‘yea.’’ at this time should send a clear signal to ne- tives INSLEE and BLUMENAUER to improve upon On rollcall vote #38, H.R. 4137 On Mr. gotiators in the World Trade Organization the bill’s provisions by requiring that the Sec- Davis of Illinois Amendment, ‘‘nay.’’ Doha Round negotiations that the U.S. com- retary of Education consult with the Adminis- mitment to trade and development remains trator of the Environmental Protection Agency On rollcall vote #37, H.R. 4137 On Mr. Petri unwavering and substantial. This element of when awarding sustainability grants. This pro- of Wisconsin Amendment #5, ‘‘yea.’’ the Round is fundamental, even as the United vision was included in the Manager’s Amend- On rollcall vote #36, H.R. 4137 On Mr. Petri States presses for key goals in agriculture, far ment. of Wisconsin Amendment #4, ‘‘yea.’’ reaching commitments on tariff and non-tariff In addition, the bill includes the Robert C. On rollcall vote #35, H.R. 4848 On Motion barriers with respect to manufactured goods, Byrd American Competitiveness program, to Suspend the Rules and Pass, as Amended services and strong outcomes in other areas, which has provisions that Representatives P To extend for one year parity in the applica- including the so-called Rules negotiations. WOLF, HOLT and I developed in the 109th tion of certain limits to mental health benefits, f Congress. For example, it awards scholar- and for other purposes, ‘‘yea.’’ ships to students who are enrolled in studies IN HONOR OF DAN COLEGROVE in physical, life, or computer sciences, mathe- On rollcall vote #34, H. Con. Res. 283 On matics, or engineering. Also, through the Math Motion to Suspend the Rules and Agree, as and Science Incentive program, the Secretary Amended P Calling for a peaceful resolution to HON. DENNIS J. KUCINICH may waive the interest on Federal student the current electoral crisis in Kenya, ‘‘yea.’’ OF OHIO IN THE HOUSE OF REPRESENTATIVES loans for students pursuing STEM teaching or On rollcall vote #33, H. Res. 956 On Agree- professional careers. In conference, I certainly Tuesday, February 12, 2008 ing to the Resolution P Providing for consider- hope Senator BYRD is amenable to making ation of the bill (H.R. 4137) to amend and ex- Mr. KUCINICH. Madam Speaker, I rise these important updates to the Byrd Scholar- tend the Higher Education Act of 1965, and for today to honor Cleveland police Sergeant Dan ship program. other purposes, ‘‘nay.’’ Colegrove for more than 28 years of exem- Finally, the bill includes my Independent On rollcall vote #32. H. Res. 956 On Order- plary service in the Cleveland Police Depart- Study of Distance Education Act, which re- ing the Previous Question P Providing for con- ment. quires the National Academy of Sciences to sideration of the bill (H.R. 4137) to amend and Dan served in a number of capacities during conduct a study of distance education, as extend the Higher Education Act of 1965, and his time with the police. He began his career compared to traditional, campus-based edu- for other purposes, ‘‘nay.’’ on October 29, 1979, in the fourth district, and cation.

VerDate Aug 31 2005 00:41 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E12FE8.REC E12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE E166 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2008 I have a few concerns about the bill. First, for Republic Steel and Buckeye Forge, and SUNSET MEMORIAL I am concerned that the bill will require col- served as the Union Steward in the United leges and universities to comply with addi- Steelworkers of America. Later in life, Antonio HON. TRENT FRANKS tional federal ‘‘red tape.’’ I understand that devoted his time to volunteer work with the OF ARIZONA Representative MCKEON plans to offer an American Association of Retired Persons and IN THE HOUSE OF REPRESENTATIVES amendment to study the regulatory burden on Church of the Holy Angels in Bainbridge, colleges and universities and ways to reduce Ohio. Tuesday, February 12, 2008 it. Antonio’s greatest joy in life was spending Mr. FRANKS of Arizona. Madam Speaker, I Also, I have concerns about the college cost time with his wife, Mary Elizabeth; his four stand once again before this body with an- provisions. While the provisions have certainly children, James, Ann Marie Miker, Theresa other Sunset Memorial. improved over the past several years, I ques- Agostino, and Diane Pieronek; and his nine It is February 12, 2008, in the land of the tion whether the federal government should in- grandchildren. He never forgot Italy, and en- free and the home of the brave, and before tervene in the way colleges and universities joyed every opportunity to celebrate his Italian the sun set today in America, almost 4,000 set their tuition, particularly at relatively low- heritage. more defenseless unborn children were killed cost community colleges. For example, it is Madam Speaker and colleagues, please join by abortion on demand—just today. That is my understanding that Grand Rapids Commu- more than the number of innocent American nity College, located in my congressional dis- me in remembering Antonio Dimora, whose tireless work for the labor cause and deep af- lives that we lost on September 11, only it trict, may be subjected to the bill’s require- happens every day. ments of the Quality Efficiency Task Force. fection for his family and community will be remembered by all who knew him. My thoughts It has now been exactly 12,804 days since Unfortunately, the bill fails to take into account the tragic judicial fiat called Roe v. Wade was state and local factors, such as last year’s and prayers go out to the Dimora family during this difficult time. handed down. Since then, the very foundation failed millage attempts, which, in turn, neces- of this Nation has been stained by the blood sitated the tuition increases at this community f of almost 50 million of our own children. college. It is situations like this that should be Some of them, Madam Speaker, cried and considered when reviewing attempts to control CONGRATULATING PARADISE VAL- screamed as they died, but because it was rising college costs. LEY POLICE CHIEF JOHN amniotic fluid passing over their vocal cords Finally, I have concerns with the bill’s main- WINTERSTEEN instead of air, we couldn’t hear them. And all tenance of effort requirements for state fund- of them had at least four things in common. ILDEE and ing. I appreciate Representative K They were each just little babies who had WALBERG’s efforts to include a waiver for HON. HARRY E. MITCHELL done nothing wrong to anyone. Each one of States facing difficult economic times, such as them died a nameless and lonely death. And Michigan. OF ARIZONA each of their mothers, whether she realizes it On balance, the College Opportunity and Af- IN THE HOUSE OF REPRESENTATIVES immediately or not, will never be the same. fordability Act is a good bill, and I urge Mem- And all the gifts that these children might have bers to support it. Tuesday, February 12, 2008 brought to humanity are now lost forever. f Mr. MITCHELL. Madam Speaker, I rise Yet even in the full glare of such tragedy, PROTECT AMERICA ACT OF 2007 today to acknowledge Paradise Valley Police this generation clings to blindness and invin- EXTENSION Chief John Wintersteen for the many years he cible ignorance while history repeats itself and has given to his community and to our coun- our own silent genocide mercilessly annihi- SPEECH OF try. Chief Wintersteen is retiring after thirteen lates the most helpless of all victims to date, years at the helm of his department, a span those yet unborn. HON. EARL POMEROY that has encompassed tremendous growth Madam Speaker, perhaps it is important for OF NORTH DAKOTA and innovation in the town’s public safety pro- those of us in this Chamber to remind our- IN THE HOUSE OF REPRESENTATIVES grams. His tenure in Paradise Valley has selves again of why we are really all here. Tuesday, January 29, 2008 earned him the respect and love of that com- Thomas Jefferson said, ‘‘The care of human Mr. POMEROY. Madam Speaker, I rise munity. life and its happiness and not its destruction is today to say that I will be voting for H.R. 5104. Chief Wintersteen’s distinguished service the chief and only object of good govern- However, I believe that passing a long-term began long before he joined the Paradise Val- ment.’’ extension of the Protect America Act is not the ley Police Department. He served honorably Madam Speaker, protecting the lives of our answer. Instead, we must update the Foreign for nearly 29 years in the United States Ma- innocent citizens and their constitutional rights Intelligence Surveillance Act in a way that will rine Corps, overseeing police and security op- is why we are all here. It is our sworn oath. enhance our national security while at the erations at Marine Corps headquarters in The phrase in the 14th amendment capsulizes same time protecting the privacy of United Washington, DC, and at the military prison at our entire Constitution. It says: ‘‘No state shall States citizens. As such, it is my hope that this Fort Leavenworth, KS. deprive any person of life, liberty or property without due process of law.’’ extension will give us time to responsibly mod- During his tenure with the department, Chief The bedrock foundation of this Republic is ernize the FISA law, and I look forward to Wintersteen was instrumental in overseeing the Declaration, not the casual notion, but the working with my colleagues in ensuring that the town’s fire and emergency medical service Declaration of the self-evident truth that all these dual aims are accomplished. transition from the private Rural/Metro Fire De- human beings are created equal and endowed f partment to Phoenix Fire Department. He was by their creator with the unalienable rights of also involved in the expansion of the Police IN REMEMBRANCE OF ANTONIO life, liberty and the pursuit of happiness. Every Department’s photo-enforcement program— DIMORA conflict and battle our Nation has ever faced which was the first in the Nation—and the in- can be traced to our commitment to this core troduction of public-awareness programs. self-evident truth. It has made us the beacon HON. DENNIS J. KUCINICH Chief Wintersteen is just as dedicated to the OF OHIO of hope for the entire world. It is who we are. community in his private life as he was while IN THE HOUSE OF REPRESENTATIVES And yet Madam Speaker, another day has wearing a badge. He volunteers with the Boy passed, and we in this body have failed again Tuesday, February 12, 2008 Scouts of America, Girl Scouts of America, Si- to honor that commitment. We failed our Mr. KUCINICH. Madam Speaker, I rise erra Club, American Red Cross and Special sworn oath and our God-given responsibility today in remembrance of Antonio Dimora, a Olympics, among others. as we broke faith with nearly 4,000 more inno- beloved father and doting grandfather, and to I would like to wish Chief Wintersteen all the cent American babies who died without the honor his commitment to his Northeast Ohio best as he embarks on a new chapter in his protection we should have been given them. community. life. I am confident that Paradise Valley will But perhaps tonight, Madam Speaker, Antonio was born in Sicily in 1932 and im- continue to benefit from his knowledge, lead- maybe someone new who heard this sunset migrated to the United States in 1950, settling ership and dedication to the community he memorial will finally realize that abortion really in a succession of Cleveland area commu- calls home. I say congratulations on a job well does kill a baby, that it hurts mothers in ways nities. He was an avid outdoorsman, worked done. that we can never express, and that 12,804

VerDate Aug 31 2005 00:41 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E12FE8.REC E12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E167 days spent killing nearly 50 million unborn chil- the deficit. The bill requires that the property IN HONOR OF THE UNI-CAPITOL dren in America is enough; and that this na- be sold at a value that is not less than the fair WASHINGTON INTERNSHIP PRO- tion is great enough to find a better way than market value as determined by the Federal GRAM abortion on demand. government. Furthermore, it authorizes NOAA So tonight, Madam Speaker, may we each to retain any proceeds from the sale or ex- HON. SAM FARR remind ourselves that our own days in this change. OF CALIFORNIA sunshine of life are numbered and that all too Madam Speaker, I hope that this bill will be IN THE HOUSE OF REPRESENTATIVES soon each of us will walk from these Cham- considered by the full House of Representa- Tuesday, February 12, 2008 bers for the very last time. tives soon. I believe this bipartisan, non-con- And if it should be that this Congress is al- troversial legislation protects both the interests Mr. FARR. Madam Speaker, I rise today to lowed to convene on yet another day to come, of the Federal government and the citizens of honor the Uni-Capitol Washington Internship may that be the day when we hear the cries Norfolk. I urge my colleagues to support this Program. This program is a wonderful edu- of the unborn at last. May that be the day we measure when it comes before the full House. cational experience for both the intern who find the humanity, the courage, and the will to works in a congressional office, and for the of- embrace together our human and our constitu- f fice who receives an intern from the program. tional duty to protect the least of these, our The program annually delivers some of Aus- tiny American brothers and sisters, from this TRIBUTE TO VADA SHEID tralia’s best and brightest university students murderous scourge upon our Nation called who have a passion for and commitment to abortion on demand. civic engagement and public service to con- It is February 12, 2008—12,804 days since HON. MARION BERRY gressional offices for 2-month internships. Roe v. Wade first stained the foundation of OF ARKANSAS The Uni-Capitol Washington Internship Pro- this nation with the blood of its own children— IN THE HOUSE OF REPRESENTATIVES gram began in 2000 and since its inception, I have been a proud participant. This year I wel- this, in the land of the free and the home of Tuesday, February 12, 2008 the brave. comed a wonderful student-ambassador to my f Mr. BERRY. Madam Speaker, I rise here office, Stephanie Lyons, who has shared with today to pay tribute to an outstanding citizen us her experiences as a newcomer to Wash- INTRODUCTION OF LEGISLATION and dear friend. I am proud to recognize one ington from the perspective of an Australian. AUTHORIZING THE SECRETARY of Arkansas greatest public servants Vada Stephanie, who visits us from the University of OF COMMERCE TO SELL OR EX- Sheid. Her recent death was a great loss for Canberra, is a great example of the high qual- CHANGE NATIONAL OCEANIC our community and our Nation. ity students who are involved in this program. AND ATMOSPHERIC ADMINISTRA- Vada Sheid was the first woman to be elect- With a bachelor’s degree in communication, TION PROPERTY LOCATED IN ed to both the Arkansas House of Representa- specializing in public relations and political NORFOLK, VA tives and the Arkansas State Senate. Her ca- communication, Stephanie will this year com- reer in public service, which also included po- mence her honors degree, drawing upon her HON. ROBERT C. ‘‘BOBBY’’ SCOTT sitions in numerous county offices, boards, experiences here in Washington as a research OF VIRGINIA commissions and committees, spanned across stimulus. Throughout her time in this office, IN THE HOUSE OF REPRESENTATIVES five decades. Mrs. Sheid was instrumental in she has had the chance to pursue her interests in the media and a range of issues, from Tuesday, February 12, 2008 securing significant road improvements for north central Arkansas as well as the creation foreign affairs, human rights, and diplomacy to Mr. SCOTT of Virginia. Madam Speaker, I of Arkansas State University-Mountain Home. science and the environment. rise today to introduce legislation that would Vada Webb was born on August 19, 1916, Over the past month, she has been an in- authorize the Secretary of Commerce to sell in Izard County. She grew up in Calico Rock valuable asset to this office. She has attended or exchange National Oceanic and Atmos- and entered public service working at the committee briefings, drafted constituent cor- pheric Administration property to/with the city Izard County welfare office when she was 19. respondence, and assisted my staff with re- of Norfolk, Virginia. Shortly after she married Carl Sheid in 1941 search. Her Australian accent has garnered Over the last decade, the city of Norfolk has the couple moved to El Dorado and eventually the attention of many of my constituents on experienced tremendous economic growth. settled in Mountain Home. tours and over the phone. She is often asked Downtown Norfolk has reemerged as the to share her experiences in Washington, DC. In 1958, Mrs. Sheid ran for Baxter County urban center of the Hampton Roads region Stephanie is one of several outstanding treasurer and lost. In 1960, she ran again, through revitalization and new commercial and Australian interns. This year, a record 13 stu- won, and served as treasurer through 1965. In residential development. For several decades, dents from across Australia were matched 1966, she was elected to the State house of NOAA has been an important Federal partner with congressional offices. They were drawn representatives and served four terms. She in downtown Norfolk’s development. NOAA’s from seven Australian universities in four dif- was only one of four women who served dur- Atlantic Marine Operations Center and ferent states and the Australian Capital Terri- ing the 1967–1968 term. In 1976, Mrs. Sheid NOAA’s Chesapeake Bay office are both lo- tory. The Uni-Capitol program gives its stu- was elected to the State senate and became cated in downtown Norfolk. dents practical experience and allows them to the only woman to serve in both houses in Ar- The bill that I am introducing today, along gain knowledge and understanding of the in- kansas. with my colleague Congresswoman THELMA ternal workings of the United States Govern- DRAKE, would authorize the Secretary of Com- In 1987, Governor Bill Clinton appointed her ment. merce to sell or exchange a small piece of un- to the State Police Commission. In 1992, after Including this current group, 81 Australian derutilized NOAA property located at 538 a resignation of the local State representative, students will have interned in Washington Front Street in Norfolk, consisting of 3.78 Mrs. Sheid ran for office again and won, serv- since the program’s inception 9 years ago. For acres, to the city of Norfolk. This land sale ing in the house again until 1995. creating the Uni-Washington program, credit would allow Norfolk to continue its tremendous Her work to improve education and ASU must be given to its founder, Eric Federing. economic growth by developing the land for Mountain Home earned her an honorary doc- Eric is a former senior House and Senate con- commercial and residential purposes. At the tor of law degree from the college in 1998. gressional staffer who has worked to foster same time, the bill clearly states that NOAA Her dedication to serving the community is re- the exchange of ideas and knowledge be- may only sell or exchange the property if the membered by the Mountain Home Area tween the U.S. and Australia through his ef- Secretary of Commerce determines that the Chamber of Commerce’s Vada Sheid Lifetime forts with the Uni-Capitol Washington Intern- conveyance would be in the best interest of Achievement Award, which is given to an indi- ship Program. the Federal government. The bill does not de- vidual who has made a significant contribution Madam Speaker, I strongly encourage my lineate or support any particular agreement or to the community. colleagues to seek international connections contract; the details of any future agreement On behalf of Congress, I extend my deepest by participating in this rewarding program. It is between NOAA and the city of Norfolk would sympathies to Mrs. Sheid’s family and grati- truly heartening to see how much this program have to be worked out. This legislation would tude for the countless hours she spent serving has grown over the years, and I look forward simply permit that process to get started. In others. She leaves a legacy of accomplish- to its continued success. I ask my colleagues addition, any sale or exchange would have to ment in Arkansas as well as inspiring memo- to join with me in recognizing the contributions have little to no impact on Federal revenue or ries for all who knew her. of the Uni-Capitol Internship Program and,

VerDate Aug 31 2005 00:41 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E12FE8.REC E12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE E168 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2008 again, thank Stephanie Lyons for her partici- HONORING SHANNON HARPS—EN- kindness, and respect. Everyone who worked pation and hard work. VIRONMENTAL AND COMMUNITY with her admired her style, tenacity, and sense f ORGANIZER of purpose, along with her sparkling smile and laugh. HONORING PRESIDENT JOLENE Shannon loved living and working in the KOESTER HON. JAY INSLEE OF WASHINGTON Northwest. She reveled in the outdoors and IN THE HOUSE OF REPRESENTATIVES nothing made her happier than to participate HON. BRAD SHERMAN in a competitive run or to hike the Northwest’s Tuesday, February 12, 2008 OF CALIFORNIA high mountain trails. Her death is a loss for us IN THE HOUSE OF REPRESENTATIVES Mr. INSLEE. Madam Speaker, my colleague all but her spirit still resides with all of those NORM DICKS and I would like to pay tribute in Tuesday, February 12, 2008 with whom she worked and walked the trails. remembrance of Shannon Harps, one of We will remember her as we continue the Mr. SHERMAN. Madam Speaker, I rise Washington’s finest young environmental ad- struggle to protect our lands and environment today to pay tribute to an extraordinary public vocates. She was killed on December 31, and to create a more just and fair world for us servant dedicated to promoting the intellectual, 2007 by an unknown assailant as she was re- all. economic and cultural contributions of the San turning to her Capitol Hill apartment in Seattle f Fernando Valley, California State University, from the grocery store. Shannon’s death is a Northridge President Jolene Koester. This tremendous loss to our community and the TRIBUTE TO CHIEF JOHN SMOOT year, the Encino-Tarzana Hospital Charitable many issues to which she devoted her life. We Foundation is honoring Dr. Koester with the join with Shannon’s family, friends, and col- HON. SHELLEY MOORE CAPITO Tree of Life Award for her educational and leagues in the Sierra Club in mourning the OF WEST VIRGINIA–– civic contributions. loss of this wonderful person and fine commu- IN THE HOUSE OF REPRESENTATIVES As a visionary leader in the San Fernando nity organizer. Though her life was cut short, Tuesday, February 12, 2008 Valley, Dr. Koester has transformed California she was able to make a large impact on the State University, Northridge into one of the quality of the Northwest environment. Mrs. CAPITO. Madam Speaker, I rise today State’s premier higher education institutions. Shannon came from her home State of Ohio to honor the life of Chief John Smoot who CSUN is a vibrant, diverse and accessible uni- to Seattle, Washington in February 2004 to dedicated his life to serving and saving others. versity community of nearly 34,000 students join the staff of the Northwest Office of the Si- He died on January 20, 2008 after a long ill- and more than 4,000 faculty and staff. This erra Club. This move joined two of Shannon’s ness in Kanawha County, WV where he was year, CSUN will celebrate its 50th anniversary strongest desires—to work to protect our envi- a lifelong resident. as the only public university located in Los An- ronment and to live in the Northwest where John served in the U.S. Army during World geles’ San Fernando Valley—home to about she could more vigorously pursue her strong War II and continued his military service for 32 1.8 million residents. love for the outdoors. years in the Army Reserves and in the West Dr. Koester began her appointment as the Shannon had a wonderful sense of humor Virginia National Guard. He also worked for fourth president of California State University, and a style of working with people that imme- DuPont Chemical and retired after 37 years of Northridge on July 1, 2000. Prior to her ap- diately put them at ease and made it easy for employment. pointment, Dr. Koester served as provost and them to join her in protecting our environment He is most remembered for his extraor- vice president for Academic Affairs at Cali- and quality of life. Shannon particularly en- dinary service to the citizens of Kanawha fornia State University, Sacramento. She joyed working with high school and college County, through his 57 years of involvement earned a Bachelor of Arts from the University students to help them develop their interests with first responder services and 50 years as of Minnesota, a Master of Arts in communica- and talents in working to create a better world. chief of the Cedar Grove Fire Department. He was a champion of emergency services tion arts from the University of Wisconsin- While Shannon’s work was directly focused on in Kanawha County and in the State of West Madison, and a Ph.D. in speech communica- protecting our environment, from wilderness to Virginia. He created the Cedar Grove Ambu- tion from Minnesota. global warming, her values were deeply em- lance Service and helped establish county An active member of the community, Dr. bedded in a strong sense of fairness and jus- wide ambulance services. He is also the origi- Koester has served on the boards of directors tice for all people. for the Los Angeles Area Chamber of Com- In the four years that Shannon lived in nal founder of the Kanawha County Fireman’s merce, the Economic Alliance of the San Fer- Washington State she helped to protect some Mutual Aid Association. He is survived by his wife, Lois Robinson nando Valley, the Valley Industry & Commerce of our finest lands. Shannon worked with sev- Smoot; his son, John R. Smoot; his Association, the Southern California Bio- eral groups in a local coalition effort with Con- grandsons, Jonathan and Cody, and his broth- medical Council, and the Los Angeles Econ- gressman NORM DICKS to add key lands in the er; George Smoot. Area fireman paid tribute to omy & Jobs Committee. Dr. Koester is a rec- Carbon River drainage to Mt. Rainier National Chief Smoot by including trucks from all ognized leader in higher education in the State Park. She worked with Sierra Club volunteers Kanawha County Fire Departments in the fu- of California, and has received numerous civic and staff from the many groups to help move neral procession. and business awards for her commitment to the Wild Sky Wilderness proposal through the Madam Speaker, I proudly ask you to join furthering the excellence of California State various steps of its arduous journey through me in honoring the life of John R. Smoot, University, Northridge. the congressional process. She was a leader whose dedication and service is truly admi- Dr. Koester was recently appointed as in the State of Washington, and worked with rable. He will be sadly missed. Chair-Elect of the American Association of colleagues around the country, to help thwart State Colleges and Universities. As Chair- the various ill-considered efforts to open up f Elect of one of the country’s most prestigious America’s Arctic Coastal Plain to oil and gas RECOGNITION OF MERCER AND higher education advocacy organizations, she drilling. She was a lead organizer in the suc- MONROE COUNTIES AS BEST will have the unique opportunity to represent cessful effort in 2006 to pass the Renewable COMMUNITIES FOR YOUTH over three million students at 430 public col- Energy Portfolio Standard for Washington leges and universities. Moreover, she will ad- State assuring that Washington will be a lead- HON. NICK J. RAHALL II vocate on behalf of the association in support er in developing a clean energy future and OF WEST VIRGINIA of public policies extending higher education creating good jobs. And, in the recent two IN THE HOUSE OF REPRESENTATIVES to underrepresented and first-generation col- years, much of her work focused on building lege students throughout the country. relationships with local officials and creating Tuesday, February 12, 2008 Madam Speaker, I wish to extend my heart- public support so they too would endorse the Mr. RAHALL. Madam Speaker, I rise today felt congratulations to Dr. Jolene Koester for Mayor’s Climate Protection Agreement making in recognition of two counties in my district, receiving the Tree of Life Award from the sure we are stepping up to the challenge of Mercer and Monroe, which have again re- Encino-Tarzana Hospital Charitable Founda- global warming. ceived the honor as two of the Nation’s ‘‘100 tion. Dr. Koester has exhibited strong leader- In her all-too-short life, she made contribu- Best Communities for Youth 2008’’ by the Alli- ship skills and a commitment to education that tions that benefited our community, State, and ance for Youth. This is the third such award will benefit California State University, world. She lived her life as an example of liv- for Mercer County and the second award for Northridge, the San Fernando Valley and the ing lightly on the planet, and engaged the peo- Monroe County, both of whom were also hon- Los Angeles region for years to come. ple and world around her with grace, humor, ored last year.

VerDate Aug 31 2005 00:41 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E12FE8.REC E12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE CONGRESSIONAL RECORD — Extensions of Remarks E169 These counties competed against 750 par- Act when it passed in August 2007 because I world peace can occur by sitting around smok- ticipants from more than 300 communities in believe it violates the Constitution and under- ing dope and banging on the tambourine. all 50 States, the District of Columbia, Puerto mines Americans’ fundamental civil liberties. Life in la-la land is all daisy chains and Rico, and the U.S. Virgin Islands, who were all Today, I cannot support extending this uncon- braids, but it’s just not reality. Reality is that vying for this unique distinction. stitutional program for another 15 days. freedom doesn’t come free. Twenty-four of This award is well-deserved, as these com- The Protect America Act (PAA) abandoned America’s finest from my 2nd Congressional munities have dedicated themselves to fos- the protections of Americans’ rights and free- District area in Texas have given their lives tering a healthy, safe, and caring environment doms that were the hallmark of the Foreign In- defending freedom in Iraq and Afghanistan. for our young people. I share this vision and telligence Surveillance Act (FISA), which be- Seven of them were Marines. Their bravery, am deeply honored to once again have the came law in 1978. FISA was established in rededication, and patriotism will not be tarnished only two localities in West Virginia recognized sponse to past abuses of electronic surveil- by the foolish words of a few. Their sacrifice located in my district. lance by Administrations who justified wiretaps will never be forgotten by their friends, their I pledge to continue my work to make the under national security concerns. Surveillance family and freedom-loving peoples throughout communities in the Third District a healthy and was to be subjected to court oversight, where the world. nurturing environment for our children, by sup- warrants would be required if an Administra- Berkeley’s latest onslaught of the Marines is porting legislation and programs that will keep tion sought surveillance of Americans. just another attack in a long history on our our children safe. Last year, I supported full We live in a dangerous world and we must country. It is against Federal law to willfully funding of both the Drug Free Communities protect our country from terrorist attacks. How- obstruct the recruiting or enlistment service of grant program and the Safe and Drug Free ever, commitment to the rule of law, consumer the United States. American taxpayer money Schools Program against the budget cuts rec- privacy, freedom from unwarranted govern- should not be used to support those cities that ommended by the administration. These pro- ment intrusion, and our system of checks and break our laws. Berkeley should lose all Fed- grams make a visible difference in our com- balances should never be sacrificed to accom- eral funding for their smug denouncement of munities and are invaluable when it comes to modate an Administration determined to ex- the Marine Corps. Patriotic Americans should preventing and reducing substance abuse, pand its own powers. Instead of extending the not subsidize cities that tell the Marines to particularly with our teenagers and young PAA for another 15 days, we should be mod- ‘‘get out of town.’’ adults. ernizing FISA to accommodate new tech- Now, I am a fierce proponent of the First While these programs are effective, it is by nologies while requiring that surveillance of Amendment protecting freedom of speech. far not the end of our work. As the folks of American citizens is always subject to court The city of Berkeley can bash the Marines in Mercer and Monroe counties can attest, we oversight and in compliance with the 4th their resolutions, but freedom of speech is not must not waver from our commitment to our Amendment. This is the only way to protect free of consequences. And the consequences youth. As much as we accomplish, we must America and American freedoms. should be loss of Federal funds appropriated strive to do better. f to the city. West Virginia native and renowned author I believe that we must respect those that af- Pearl S. Buck once said, ‘‘If our American way SEMPER FI! forded us those rights and hold them in the of life fails the child, it fails us all.’’ highest esteem for their sacrifices. And like it These are words to live by, words that Mer- HON. TED POE or not, it is the U.S. military that has always cer and Monroe counties have once again OF TEXAS been on the front lines to defend the liberties proven they are living by everyday. I again IN THE HOUSE OF REPRESENTATIVES of all Americans, even the hippies in Berkeley. commend the entire community—the teachers, Tuesday, February 12, 2008 the civic leaders, the parents, and the children February 19th marks the 63rd anniversary as well, who are all so very bright—for the Mr. POE. Madam Speaker, it’s no big sur- of the Battle of Iwo Jima. The month long bat- hard work they have done and continue to do. prise to me that the peaceniks out in Berkeley, tle against Imperial Japan resulted in 26,000 I encourage other communities in the Third California don’t know the first thing about U.S. casualties, mostly young Marines. The District and across West Virginia and our Na- peace, but their latest attack on the real pro- quiet riverbank of the Potomac is home to the tion to follow the fine example set by Mercer prietors of peace has stirred up a firestorm. Iwo Jima Memorial. It is a solemn reminder and Monroe Counties in showing what it Just in case you haven’t heard, the city of that the Marines are ‘‘always faithful’’ to the means to keep America’s promise to our Berkeley passed a resolution telling the local United States of America. Joe Rosenthal took young people. As the Alliance for Youth said, U.S. Marine Corps recruiting station that is his famous photograph of five Marines and a ‘‘It is our hope that these 100 Best inspire was ‘‘not welcome in the city and if recruiters Navy Corpsman hosting Old Glory above communities across the country to create envi- choose to stay, they do so as uninvited and Mount Suribachi. Of the six flag-raisers in the ronments where children and families have unwelcome intruders.’’ Mayor Tom Bates said, Memorial, three were killed after the stars and boundless opportunities.’’ ‘‘The Marines don’t belong here, they stripes were raised above the volcano. One was Harlan Block from South Texas. f shouldn’t have come here and they should leave.’’ The city of Berkeley has even issued The Marines go where others fear to tread, PROTECT AMERICA ACT OF 2007 a permit for the radical anti-military group and the timid are not found. They fight for all EXTENSION ‘‘Code Pink’’ to use the parking spot once re- American values, including the rights of people served for the Marine Recruiting Station. Code in Berkeley to say what they want. But the SPEECH OF Pink has parked a panel truck displaying few—the noble few—the proud—the Marines HON. LYNN C. WOOLSEY ‘‘peace at any price’’ type statements in front deserve the honor, respect, and thanks of a grateful Nation. OF CALIFORNIA of the recruiting office. Ronald Reagan best summed it up when he IN THE HOUSE OF REPRESENTATIVES Well, let me remind Mr. Bates that he enjoys the rights and freedoms known only to said, ‘‘Some people spend an entire lifetime Tuesday, January 29, 2008 Americans because the Marines are here. And wondering if they made a difference. The Ma- Ms. WOOLSEY. Madam Speaker, I rise as for me and the rest of the freedom loving rines don’t have that problem.’’ And as for the today in opposition to H.R. 5104, the Protect Americans, we hope they never leave. These unwelcome Marines out in Berkeley: send ’em America Act Extension, which will extend the defenders of democracy deserve better than all to Texas! We’ll have a parade, fly the flag authorization for the administration’s Berkeley’s arrogant disapproval. Berkeley’s and the high school band will play the Marine warrantless wiretapping program for another deplorable anti-Marine city leaders must still Hymn. Oooh Rah! Semper Fi! 15 days. I voted against the Protect America have a 60’s peacenik hippie mentality that And that’s just the way it is.

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HIGHLIGHTS Senate passed the H.R. 3773, RESTORE Act (FISA Amendments Act). Senate Rejected: Chamber Action By 35 yeas to 63 nays (Vote No. 14), Feingold Routine Proceedings, pages S879–S924 Amendment No. 3979 (to Amendment No. 3911), Measures Introduced: Five bills and three resolu- to provide safeguards for communications involving tions were introduced, as follows: S. 2622–2626, and persons inside the United States. Pages S880, S883–84 S. Res. 447–449. Page S919 By 31 yeas to 67 nays (Vote No. 15), Dodd Measures Passed: Amendment No. 3907 (to Amendment No. 3911), to strike the provisions providing immunity from RESTORE Act: Senate passed H.R. 3773, to civil liability to electronic communication service amend the Foreign Intelligence Surveillance Act of providers for certain assistance provided to the Gov- 1978 to establish a procedure for authorizing certain ernment. Pages S880, S884–85 acquisitions of foreign intelligence, after striking all By 37 yeas to 60 nays (Vote No. 16), Feingold/ after the enacting clause and inserting in lieu there- Dodd Amendment No. 3912 (to Amendment No. of, the text of S. 2248, Senate companion measure. 3911), to modify the requirements for certifications FISA Amendments Act: By 68 yeas to 29 nays made prior to the initiation of certain acquisitions. (Vote No. 20), Senate passed S. 2248, to amend the Pages S880, S885–86 Foreign Intelligence Surveillance Act of 1978, to By 30 yeas to 68 nays (Vote No. 17), Specter/ modernize and streamline the provisions of that Act, Whitehouse Amendment No. 3927 (to Amendment after taking action on the following amendments No. 3911), to provide for the substitution of the proposed thereto: Pages S880–S913 United States in certain civil actions. Adopted: Pages S880, S887–89 Whitehouse Modified Amendment No. 3920 (to Withdrawn: Amendment No. 3911), to clarify that the Foreign By 57 yeas to 41 nays (Vote No. 13), Feinstein Intelligence Surveillance Court has the authority to Amendment No. 3910 (to Amendment No. 3911), determine and enforce compliance with any order or to provide a statement of the exclusive means by rule of, or procedure approved by, such Court. which electronic surveillance and interception of cer- Pages S880–81 tain communications may be conducted. (A unani- Bond/Rockefeller Modified Amendment No. 3938 mous-consent agreement was reached providing that (to Amendment No. 3911), to include prohibitions the amendment, having failed to achieve 60 affirma- on the international proliferation of weapons of mass tive votes, be withdrawn). Pages S880, S881–83 destruction in the Foreign Intelligence Surveillance By 41 yeas to 57 nays (Vote No. 18), Feinstein Act of 1978. Pages S880, S886–87 Amendment No. 3919 (to Amendment No. 3911), Rockefeller/Bond Amendment No. 3911, in the to provide for the review of certifications by the For- nature of a substitute. Page S890 eign Intelligence Surveillance Court. (A unanimous- Rockefeller/Bond Amendment No. 4018 (to consent agreement was reached providing that the Amendment No. 3911), of a technical nature. amendment, having failed to achieve 60 affirmative A unanimous-consent agreement was reached pro- votes, be withdrawn). Pages S880, S889–90 viding that, not withstanding the adoption of During consideration of this measure today, Senate Rockefeller/Bond Amendment No. 3911 (listed also took the following action: above), that Rockefeller/Bond Amendment No. 4018 By 69 yeas to 29 nays (Vote No. 19), three-fifths (listed above), be agreed to. Pages S900–901 of those Senators duly chosen and sworn, having D122

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voted in the affirmative, Senate agreed to the motion (Recess Appointment), which was sent to the Senate to close further debate on the bill. Pages S890–91 on January 9, 2007. Subsequently, the passage of S. 2248, was vitiated John L. Palmer, of New York, to be a Member and the bill was returned to the Senate Calendar. of the Board of Trustees of the Federal Supple- Page S904 mentary Medical Insurance Trust Fund for a term of Making Minority Party Appointments: Senate four years, which was sent to the Senate on January agreed to S. Res. 448, making minority party ap- 9, 2007. pointments for the 110th Congress. Page S923 John L. Palmer, of New York, to be a Member Nominations Received: Senate received the fol- of the Board of Trustees of the Federal Hospital In- lowing nominations: surance Trust Fund for a term of four years, which Jeffrey Robert Brown, of Illinois, to be a Member was sent to the Senate on January 9, 2007. of the Board of Trustees of the Federal Hospital In- John L. Palmer, of New York, to be a Member surance Trust Fund for a term of four years. of the Board of Trustees of the Federal Old-Age and Jeffrey Robert Brown, of Illinois, to be a Member Survivors Insurance Trust Fund and the Federal Dis- of the Board of Trustees of the Federal Old-Age and ability Insurance Trust Fund for a term of four years, Survivors Insurance Trust Fund and the Federal Dis- which was sent to the Senate on January 9, 2007. ability Insurance Trust Fund for a term of four years. Thomas R. Saving, of Texas, to be a Member of Hyepin Christine Im, of California, to be a Mem- the Board of Trustees of the Federal Supplementary ber of the Board of Directors of the Corporation for Medical Insurance Trust Fund for a term of four National and Community Service for the remainder years, which was sent to the Senate on January 9, of the term expiring October 6, 2008. 2007. Hyepin Christine Im, of California, to be a Mem- Thomas R. Saving, of Texas, to be a Member of ber of the Board of Directors of the Corporation for the Board of Trustees of the Federal Hospital Insur- National and Community Service for a term expiring ance Trust Fund for a term of four years, which was October 6, 2013. sent to the Senate on January 9, 2007. Layshae Ward, of Minnesota, to be a Member of Thomas R. Saving, of Texas, to be a Member of the Board of Directors of the Corporation for Na- the Board of Trustees of the Federal Old-Age and tional and Community Service for a term expiring Survivors Insurance Trust Fund and the Federal Dis- December 27, 2012. ability Insurance Trust Fund for a term of four years, Perri Klass, of New York, to be a Member of the which was sent to the Senate on January 9, 2007. National Institute for Literacy Advisory Board for a Patricia Mathes, of Texas, to be a Member of the term expiring November 25, 2009. National Institute for Literacy Advisory Board for a Katherine Mitchell, of Alabama, to be a Member term expiring November 25, 2007, which was sent of the National Institute for Literacy Advisory Board to the Senate on January 9, 2007. Page S924 for a term expiring November 25, 2010. Messages from the House: Pages S918–19 Eduardo J. Padron, of Florida, to be a Member of the National Institute for Literacy Advisory Board Additional Cosponsors: Pages S919–20 for a term expiring November 25, 2009. Statements on Introduced Bills/Resolutions: Alexa E. Posny, of Kansas, to be a Member of the Pages S920–22 National Institute for Literacy Advisory Board for a Additional Statements: Pages S916–18 term expiring November 25, 2008. Timothy Shanahan, of Illinois, to be a Member of Amendments Submitted: Page S922 the National Institute for Literacy Advisory Board Notices of Hearings/Meetings: Pages S922–23 for a term expiring November 25, 2010. Authorities for Committees to Meet: Page S923 Richard Kenneth Wagner, of Florida, to be a Member of the National Institute for Literacy Advi- Record Votes: Eight record votes were taken today. sory Board for a term expiring November 25, 2009. (Total—20) Pages S883, S884, S885, S886, S889, S890, S891, S904 Pages S923–24 Nominations Withdrawn: Senate received notifica- Adjournment: Senate convened at 10:00 a.m. and tion of withdrawal of the following nominations: adjourned at 6:26 p.m., until 9:30 a.m. on Wednes- Warren Bell, of California, to be a Member of the day, February 13, 2008. (For Senate’s program, see Board of Directors of the Corporation for Public the remarks of the Acting Majority Leader in today’s Broadcasting for a term expiring January 31, 2012 Record on page S923.)

VerDate Aug 31 2005 06:57 Apr 16, 2008 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD08\RECFILES\D12FE8.REC D12FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE D124 CONGRESSIONAL RECORD — DAILY DIGEST Committee Meetings HEALTHCARE WORKFORCE ISSUES Committee on Health, Education, Labor, and Pensions: (Committees not listed did not meet) Committee concluded a hearing to examine ways to address healthcare workforce issues for the future, fo- AIR FORCE NUCLEAR SECURITY cusing on primary care professionals, after receiving Committee on Armed Services: Committee concluded testimony from A. Bruce Steinwald, Director, Health open and closed hearings to examine Air Force nu- Care, Government Accountability Office; Kevin clear security, focusing on the August 2007 weap- Grumbach, University of California Department of ons-transfer incident, after receiving testimony from Family and Community Medicine, San Francisco; Lieutenant General Daniel J. Darnell, USAF, Deputy Roderick S. Hooker, Department of Veterans Affairs Chief of Staff for Air, Space and Information Oper- Medical Center, Dallas, Texas; Edward Salsberg, As- ations, Plans and Requirements, Major General sociation of American Medical Colleges (AAMC), Douglas L. Raaberg, USAF, Director, Air and Space Washington, D.C.; James Q. Swift, American Dental Operations, Air Combat Command, Major General Education Association (ADEA), Minneapolis, Min- Polly A. Peyer, USAF, Director, Resource Integra- tion, Office of the Deputy Chief of Staff, Logistics, nesota; Bruce Auerbach, Massachusetts Medical Soci- Installation, and Mission Support, all of the Depart- ety, Waltham; Beth Landon, Alaska Center for Rural ment of Defense; and General Larry D. Welch, Health, Anchorage, on behalf of the National Rural USAF (Ret.), Institute for Defense Analysis, Alexan- Health Association (NRHA); Jennifer S. Laurent, dria, Virginia. Vermont Nurse and Practitioner Association, Bur- lington; and John E. Maupin, Jr., Morehouse School DEFENSE AND WAR COSTS BUDGET of Medicine, Atlanta, Georgia, on behalf of the Asso- Committee on the Budget: Committee concluded a hear- ciation of Minority Health Professions Schools. ing to examine the President’s proposed budget request for fiscal year 2009 for the Department of De- INTELLIGENCE fense and war costs, after receiving testimony from Select Committee on Intelligence: Committee held closed Gordon England, Deputy Secretary, General James Cartwright, USMC, Vice Chairman, Joint Chiefs of hearings on intelligence matters, receiving testimony Staff, and Tina Jonas, Under Secretary (Comptroller), from officials of the intelligence community. all of the Department of Defense. Committee recessed subject to call.

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MISCELLANEOUS MEASURES proponent and an opponent, shall not be subject to Committee on House Administration: Ordered reported amendment, and shall not be subject to a demand the following: H.R. 5159, amended, Capitol Visitor for a division of the question in the House or in the Center Act of 2008; and a privileged resolution dis- Committee of the Whole. All points of order against missing the election contest relating to the office of the amendments except for clauses 9 and 10 of rule the Representative from the 13th Congressional Dis- XXI are waived. The rule provides one motion to re- trict of Florida (Jenning v.Buchanan). commit with or without instructions. The rule provides that, notwithstanding the operation of the pre- GROWTH HORMONE’S HEALTH IMPACTS vious question, the Chair may postpone further con- Committee on Oversight and Government Reform: Held a sideration of the bill to a time designated by the hearing on Myths and Facts about Human Growth Speaker. Finally, the rule tables H.Res. 955. Testi- Hormone, B–12, and Other Substances. Testimony mony was heard from Chairman Frank and Rep- was heard from Susan Shurin, M.D., Deputy Direc- resentatives Sires, Jackson-Lee of Texas, Meek of tor, National Heart, Lung and Blood Institute, NIH, Florida and Capito. Department of Health and Human Services; and public witnesses. TO EXTEND THE PROTECT AMERICA ACT FEDERAL EMPLOYMENT PAY FOR OF 2007 FOR 21 DAYS PERFORMANCE Committee on Rules: Granted, by a vote of 7–4, a Committee on Oversight and Investigations: Sub- closed rule providing for consideration of H.R. 5349, committee on Federal Workforce, Postal Service, and which extends the Protect America Act of 2007 for the District of Columbia held a hearing on Robbing 21 days. The rule provides for 60 minutes of debate, Mary to Pay Peter and Paul: the Administration’s with 40 minutes equally divided and controlled by Pay for Performance System. Testimony was heard the chairman and ranking minority member of the from the following officials of the Department of the Committee on the Judiciary and 20 minutes equally Treasury: J. Russell George, Inspector General, Tax divided and controlled by the chairman and ranking Administration, Department of the Treasury; and minority member of the Permanent Select Com- Richard Spires, Deputy Commissioner, Operational mittee on Intelligence. Support, IRS; Diego Ruiz, Executive Director, SEC; The rule waives all points of order against consid- Ronald Sanders, Chief Human Capital Officer, Office eration of the bill except those arising under clause of the Director of National Intelligence; and public 9 or 10 of rule XXI. The rule provides that the bill witnesses. shall be considered as read. The rule waives all PUBLIC HOUSING ASSET MANAGEMENT points of order against provisions of the bill. The IMPROVEMENT ACT OF 2007 rule provides one motion to recommit with or without instructions. Finally, the rule permits the Chair, Committee on Rules: Granted, by voice vote, a struc- during consideration of the bill, to postpone further tured rule providing one hour of general debate on consideration of it to a time designated by the H.R. 3521, Public Housing Asset Management Im- Speaker. Testimony was heard from Chairman Con- provement Act of 2007, equally divided and conyers and Representative Lungren. trolled by the chairman and ranking minority member of the Committee on Financial Services. The rule f waives all points of order against consideration of the COMMITTEE MEETINGS FOR WEDNESDAY, bill except clauses 9 and 10 of rule XXI. The rule FEBRUARY 13, 2008 provides that the amendment in the nature of a substitute recommended by the Committee on Financial (Committee meetings are open unless otherwise indicated) Services now printed in the bill shall be considered Senate as an original bill for the purpose of amendment and shall be considered as read. The rule waives all Committee on Armed Services: to hold hearings to examine points of order against the amendment in the nature improvements implemented and planned by the Depart- of a substitute except for clause 10 of rule XXI. ment of Defense and the Department of Veterans Affairs for the care, management, and transition of wounded and The rule makes in order only those amendments ill service members, 9:30 a.m., SH–216. printed in the Rules Committee report. The amend- Committee on Banking, Housing, and Urban Affairs: busi- ments made in order may be offered only in the ness meeting to consider an original bill entitled ‘‘Indus- order printed in this report, may be offered only by trial Bank Holding Company Act of 2008’’, 10 a.m., a Member designated in this report, shall be consid- SD–538. ered as read, shall be debatable for the time specified Committee on Energy and Natural Resources: to hold hear- in this report equally divided and controlled by the ings to examine the President’s budget request for fiscal

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year 2009 for the Department of the Interior, 9:45 a.m., Committee on Education and Labor, hearing on Modern SD–366. Public School Facilities: Investing in the Future, 10:30 Committee on Foreign Relations: to hold hearings to exam- a.m., 2175 Rayburn. ine the President’s budget request for fiscal year 2009 for Committee on Energy and Commerce, Subcommittee on En- foreign affairs, 10 a.m., SD–106. ergy and Air Quality, hearing and mark up of H.R. Full Committee, business meeting to consider pending 3754, To authorize the Administrator of the Environ- calendar business, 3:30 p.m., S–116, Capitol. mental Protection Agency to accept, as part of a settle- Committee on Health, Education, Labor, and Pensions: Sub- ment, diesel emission reduction Supplemental Environ- committee on Children and Families, to hold hearings to mental Projects, and for other purposes, 1 p.m., 2322 examine the Family and Medical Leave Act (FMLA)(P.L. Rayburn. 103–3), focusing on a fifteen year history of support for Subcommittee on Telecommunications and the Inter- workers, 3 p.m., SD–430. net, hearing entitled ‘‘Status of the DTV Transition: 370 Committee on Homeland Security and Governmental Affairs: Days and Counting,’’ 9:30 a.m., 21213 Rayburn. to hold hearings to examine the role of the Department Committee on Financial Services, hearing entitled ‘‘The of Defense in homeland security, focusing on how the military can and will contribute, 10 a.m., SD–342. Community Reinvestment Act: Thirty Years of Accom- Committee on the Judiciary: to hold hearings to examine plishments, but Challenges Remain,’’ 10 a.m., 2128 Ray- the state secrets privilege, focusing on protecting national burn. security while preserving accountability, 10 a.m., Committee on Foreign Affairs, February 13, hearing on SD–226. International Relations Budget for Fiscal Year 2009, 2:30 Committee on Veterans’ Affairs: to hold hearings to exam- p.m., 2237 Rayburn. ine the President’s proposed budget request for fiscal year Committee on Homeland Security, hearing entitled ‘‘The 2009 for veterans programs, 9:30 a.m., SR–418. President’s FY 2009 Budget Request for the Department Select Committee on Intelligence: closed business meeting of Homeland Security,’’ 10 a.m., 311 Cannon. to consider pending calendar business, 2:30 p.m., Committee on the Judiciary, Subcommittee on Immigra- SH–219. tion, Citizenship, Refugees, Border Security and Inter- Special Committee on Aging: to hold hearings to examine national Law, hearing on Problems with ICE Interroga- the housing foreclosure aftermath, focusing on concerns tion, Detention and Removal Procedures, 2 p.m., 2141 for elderly homeowners, 10:30 a.m., SD–628. Rayburn. Committee on Natural Resources, to mark up the fol- House lowing bills: H.R. 2176, To provide for and approve the Committee on Appropriations, Subcommittee on Agri- settlement of certain land claims of the Bay Mills Indian culture, Rural Development, Food and Drug Administra- Community; H.R. 4115, To provide for and approve the tion, and Related Agencies, on USDA Secretary Edward settlement of certain land claims of the Sault Ste. Marie Schaefer, 10 a.m., 2362–A Rayburn. Tribe of Chippewa Indians; H.R. 1143, To authorize the Subcommittee on Defense, on DOD Budget Overview Secretary of the Interior to lease certain lands in Virgin with Secretary Robert Gates, 10 a.m., 2359 Rayburn, Islands National Park, and for other purposes; H.R. and, on United States Marine Corps Readiness, 2 p.m., 1311, Nevada Cancer Institute Expansion Act; H.R. 140–Capitol. 1922, Jupiter Inlet Lighthouse Outstanding Natural Area Subcommittee on Homeland Security, on Management Act of 2007; H.R. 816, Orchard Detention Basin Flood Challenges—Inspector General and GAO, 10 a.m., Control Act; and H.R. 3473, Bountiful City Land Con- 2362–B Rayburn. solidation Act, 11 a.m., 1324 Longworth. Subcommittee on Interior, Environment, and Related Subcommittee on Fisheries, Wildlife and Oceans, to Agencies, on U.S. Forest Service, 10 a.m., B 308 Capitol. mark up the following bills: H.R. 1187, Gulf of Subcommittee on Labor, Health and Human Services, Farallones and Cordell Bank National Marine Sanctuaries Education, and Related Agencies, overview hearing on Implications of Economic Trends for Workers, Families, Boundary Modification and Protection Act; H.R. 1907, and the Nation, 10 a.m., 2358–C Rayburn. Coastal and Estuarine Land Protection Act; H.R. 2342, Subcommittee on Legislative Branch, on Architect of National Integrated Coastal and Ocean Observation Act the Capitol, 10 a.m., H–144 Capitol. of 2007; H.R. 3352, Hydrographic Services Improvement Subcommittee on Transportation, and Housing and Act Amendments of 2007; H.R. 3891, To amend the Urban Development, and Related Agencies, on U.S. De- National Fish and Wildlife Foundation Establishment partment of Housing and Urban Development Fiscal Year Act to increase the number of Directors on the Board of 2009 Budget Request, 9:30 a.m., 2358–A Rayburn. Directors of the National Fish and Wildlife Foundation; Committee on Armed Services, hearing on Global Security and H.R. 4933, Captive Wildlife Safety Technical Assessment, 10 a.m., 2118 Rayburn. Amendments Act of 2008, 3 p.m., 1324 Longworth. Subcommittee on Readiness, hearing on Readiness at Committee on Oversight and Government Reform, to con- Risk: Department of Defense Security Clearance Proc- tinue hearings on The Mitchell Report: The Illegal Use esses, 2 p.m., 2118 Rayburn. of Steroids in Major League Baseball, Day 2, 10 a.m., Committee on the Budget, hearing on Treasury Depart- 2154 Rayburn. ment Fiscal Year 2009 Budget, 10 a.m., 210 Cannon.

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Subcommittee on Government Management, Organiza- Committee on Ways and Means, hearing on the Adminis- tion, and Procurement, hearing on Surplus Property: Im- tration’s budget proposals for fiscal year 2009, OMB, 10 proving Donation and Sales Programs, 2 p.m., 2247 Ray- a.m., and on Administration’s budget proposals fiscal year burn. 2009 for the Department of Health and Human Services, Committee on Science and Technology, hearing on NASA’s 2 p.m., 1100 Longworth. Fiscal Year 2009 Budget Request, 10 a.m., 2318 Ray- Permanent Select Committee on Intelligence, executive, brief- burn. ing on Hot Spots, 8:45 a.m., H–405 Capitol. Committee on Small Business, Subcommittee on Investiga- Subcommittee on Terrorism, Human Intelligence, tions and Oversight, hearing entitled ‘‘SBIR: Advancing Analysis and Counterintelligence, executive, hearing on Medical Breakthroughs,’’ 10 a.m., 2360 Rayburn. Counterintelligence Hot Spots, 2 p.m., H–405 Capitol. Committee on Transportation and Infrastructure, hearing on Reviewing the Recommendations of the National Surface Joint Meetings Transportation Policy and Revenue Study Commission, 10 a.m., 2167 Rayburn. Commission on Security and Cooperation in Europe: to hold Subcommittee on Aviation, hearing on Runway Safety. hearings to examine Finland’s leadership of the Organiza- 2 p.m., 2167 Rayburn. tion for Security and Co-operation in Europe (OSEC), fo- Committee on Veterans’ Affairs, Subcommittee on Eco- cusing on plans, priorities, and challenges that face the nomic Opportunity, hearing on Review of Expiring Pro- region, 11 a.m., B318, Rayburn Building. grams, 2 p.m., 340 Cannon. Joint Economic Committee: to hold hearings to examine Subcommittee on Oversight and Investigations, hearing the efficacy of sovereign wealth funds, focusing on the on VA FY 2009 Budget—Office of the Inspector General U.S. economy and national security risks, 2 p.m., and Office of Information and Technology, 2:30 p.m., SD–106. 210 Cannon.

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Next Meeting of the SENATE for their leadership, courage, and significant contributions 9:30 a.m., Wednesday, February 13 to our national competitiveness; (4) H. Con. Res. 289— Honoring and praising the National Association for the Advancement of Colored People on the occasion of its Senate Chamber 99th anniversary; (5) H.R. 4169—American Braille Flag Memorial Act; (6) H. Res. 790—Commending the people Program for Wednesday: After the transaction of any of the State of Washington for showing their support for morning business (not to extend beyond 10:30 a.m.), Sen- the needs of the State of Washington’s veterans and en- ate will vote on the motion to invoke cloture on the con- couraging residents of other States to pursue creative ways ference report to accompany H.R. 2082, Intelligence Au- to show their own support for veterans; (7) H. Res. thorization Act. 963—Supporting the goals and ideals of National Salute to Hospitalized Veterans Week; (8) S. 2571—To make technical corrections to the Federal Insecticide, Fungicide, Next Meeting of the HOUSE OF REPRESENTATIVES and Rodenticide Act; (9) H. Res. 972—Supporting the Goals and Ideals of American Heart Month and National 10 a.m., Wednesday, February 13 Wear Red Day; and (10) H. Res. 971—Expressing the sympathies and support of the US House of Representa- tives for the individuals and institutions affected by the House Chamber powerful tornados that struck communities in Alabama, Program for Wednesday: Consideration of the following Arkansas, Kentucky, Mississippi, and Tennessee on Feb- suspensions: (1) H. Res. 917—Supporting the goals and ruary 5, 2008. Consideration of H.R. 3521—Public ideals of National Engineers Week; (2) H.R. 1834—Na- Housing Asset Management Improvement Act of 2007 tional Ocean Exploration Program Act; (3) H. Res 966— (Subject to a Rule) and H.R. 5349—To extend the Pro- Honoring African American inventors, past and present, tect America Act of 2007 for 21 days (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Forbes, J. Randy, Va., E162 Pomeroy, Earl, N.D., E166 Franks, Trent, Ariz., E166 Porter, Jon C., Nev., E165 Baldwin, Tammy, Wisc., E164 Garrett, Scott, N.J., E159 Rahall, Nick J., II, W.Va., E168 Bean, Melissa L., Ill., E163 Harman, Jane, Calif., E159 Rangel, Charles B., N.Y., E165 Berry, Marion, Ark., E160, E167 Inslee, Jay, Wash., E168 Rehberg, Dennis R., Mont., E164 Blackburn, Marsha, Tenn., E163 Kucinich, Dennis J., Ohio, E159, E160, E161, E162, Sarbanes, John P., Md., E159 Capito, Shelley Moore, W.Va., E168 E163, E164, E164, E165, E166 Scott, Robert C. ‘‘Bobby’’, Va., E167 Castle, Michael N., Del., E163 Meek, Kendrick B., Fla., E160 Sestak, Joe, Pa., E160, E162 Ehlers, Vernon J., Mich., E165 Mitchell, Harry E., Ariz., E166 Sherman, Brad, Calif., E168 Ellison, Kieth, Minn., E164 Murphy, Patrick J., Pa., E164 Woolsey, Lynn C., Calif., E169 Farr, Sam, Calif., E167 Poe, Ted, Tex., E169 Young, Don, Alaska, E161

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