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

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

Vol. 154 WASHINGTON, TUESDAY, JULY 8, 2008 No. 111 House of Representatives The House met at 2 p.m. and was last day’s proceedings and announces COMMUNICATION FROM THE called to order by the Speaker pro tem- to the House his approval thereof. CLERK OF THE HOUSE pore (Mr. JACKSON of Illinois). Pursuant to clause 1, rule I, the Jour- The SPEAKER pro tempore laid be- f nal stands approved. fore the House the following communication from the Clerk of the House of DESIGNATION OF THE SPEAKER f Representatives: PRO TEMPORE PLEDGE OF ALLEGIANCE JUNE 27, 2008. The SPEAKER pro tempore laid be- Hon. NANCY PELOSI, fore the House the following commu- The SPEAKER pro tempore. Will the Speaker, The Capitol, House of Representatives, nication from the Speaker: gentlewoman from Guam (Ms. Washington, DC. ORDALLO WASHINGTON, DC, B ) come forward and lead the DEAR MADAM SPEAKER: Pursuant to the July 8, 2008. House in the Pledge of Allegiance. permission granted in Clause 2(h) of Rule II I hereby appoint the Honorable JESSE L. Ms. BORDALLO led the Pledge of Al- of the Rules of the U.S. House of Representa- JACKSON, Jr., to act as Speaker pro tempore legiance as follows: tives, the Clerk received the following message from the Secretary of the Senate on on this day. I pledge allegiance to the Flag of the June 27, 2008, at 3:51 p.m.: NANCY PELOSI, United States of America, and to the Repub- Speaker of the House of Representatives. That the Senate passed without amend- lic for which it stands, one nation under God, ment H.R. 3721. f indivisible, with liberty and justice for all. That the Senate passed without amendment H.R. 4185. PRAYER f That the Senate passed without amend- The Chaplain, the Reverend Daniel P. ment H.R. 5168. Coughlin, offered the following prayer: COMMUNICATION FROM THE That the Senate passed without amend- We praise and bless You, Father, CLERK OF THE HOUSE ment H.R. 5395. Lord of heaven and earth, for You have The SPEAKER pro tempore laid be- That the Senate passed without amend- fore the House the following commu- ment H.R. 5479. revealed to those of humble heart Your That the Senate passed without amend- glorious presence. To all who gaze at nication from the Clerk of the House of ment H.R. 5517. the beauty of Your creation and are Representatives: That the Senate passed without amend- filled with wonder, You speak volumes JUNE 27, 2008. ment H.R. 528. and fill them with joy. Hon. NANCY PELOSI, That the Senate passed without amend- Children need no argument to know Speaker, The Capitol, House of Representatives, ment H.R. 3564. Your existence, they simply take de- Washington, DC. That the Senate passed S. 3015. That the Senate passed S. 3082. light in the world You give them and DEAR MADAM SPEAKER: Pursuant to the permission granted in Clause 2(h) of Rule II That the Senate agreed to H. Con. Res. 377. revel in love. The more mature notice of the Rules of the U.S. House of Representa- With best wishes, I am, You in the crossroads of their lives and tives, the Clerk received the following mes- Sincerely, praise You for opening the way before sage from the Secretary of the Senate on LORRAINE C. MILLER, them. Encouraged by Your under- June 27, 2008, at 10:19 a.m.: Clerk of the House. standing of their goodness, they are That the Senate concurs in the House DEBORAH M. SPRIGGS, willing to take greater risks because of amendment to the Senate amendment to the Deputy Clerk. their belief. House amendment to the Senate amendment f Be with all the seekers of truth and H.R. 2642. That the Senate passed with an amend- COMMUNICATION FROM THE workers for justice; that their dreams ment H.R. 802. CLERK OF THE HOUSE for America and their hopes for a bet- That the Senate passed with an amend- ter world be realized. Together all be- The SPEAKER pro tempore laid be- ment H.R. 3986. fore the House the following commu- lievers in this Nation and in Your That the Senate passed S. 2565. Providence give You glory now and for- That the Senate passed S. 3218. nication from the Clerk of the House of ever. Amen. That the Senate agreed to H. Con. Res. 379. Representatives: With best wishes, I am, JULY 8, 2008. f Sincerely, Hon. NANCY PELOSI, THE JOURNAL LORRAINE C. MILLER, Speaker, The Capitol, House of Representatives, Clerk of the House. Washington, DC. The SPEAKER pro tempore. The DEBORAH M. SPRIGGS, DEAR MADAM SPEAKER: Pursuant to the Chair has examined the Journal of the Deputy Clerk. permission granted in Clause 2(h) of Rule II

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 05:28 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.000 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6180 CONGRESSIONAL RECORD — HOUSE July 8, 2008 of the Rules of the U.S. House of Representa- Ms. FOXX. Mr. Speaker, while the nesses to save money and reduce their tives, the Clerk received the following mes- Democrat Congress sits on its hands, dependence on foreign oil. sage from the Secretary of the Senate on House Republicans are answering the July 8, 2008, at 9:35 a.m.: f That the Senate passed without amend- challenge of $4 gas, taking our mean- ment H.R. 3891. ingful solutions to produce American- START THE DRILL That the Senate passed S. Res. 608. made energy, lower gas prices and pro- (Mr. BROUN of Georgia asked and With best wishes, I am, mote energy independence directly to was given permission to address the Sincerely, the American people. House for 1 minute and to revise and LORRAINE C. MILLER, When the French people were starv- Clerk of the House. extend his remarks.) ing, the Queen said, ‘‘Let them eat Mr. BROUN of Georgia. Mr. Speaker, f cake.’’ Speaker PELOSI’s office says, right now America is drilling for ice on ANNOUNCEMENT BY THE SPEAKER ‘‘Right now our strategy on gas prices Mars; yet we cannot drill for oil in PRO TEMPORE is drive small cars and wait for the America. It’s insane. The SPEAKER pro tempore. Pursu- wind.’’ Coach Mark Richt of Georgia Bulldog ant to clause 4 of rule I, the following The American people can’t wait for football fame has three words, a phrase enrolled bills were signed: the Democrats to decide what to do. he uses to energize his football team: by Speaker pro tempore HOYER on They want answers now, and Repub- Finish the drill. Friday, June 27, 2008: licans stand ready with solutions. The I have three words as a Congressman H.R. 2642, making appropriations for Republican plan will increase produc- from Georgia and Representative of military construction, the Department tion of American-made energy in an this body to energize America: Start of Veterans Affairs, and related agen- environmentally safe way. It will pro- the drill. Now. cies for the fiscal year ending Sep- mote new, clean, and reliable sources f tember 30, 2008, and for other purposes of energy while cutting red tape and in- H.R. 5690, to remove the African Na- creasing the supply of American-made DEMOCRAT MAJORITY COSTING tional Congress from treatment as a fuel and energy. The House Republican AMERICAN PEOPLE terrorist organization for certain acts plan also encourages greater energy ef- (Mr. WESTMORELAND asked and or events, provide relief for certain ficiency by offering conservative tax was given permission to address the members of the African National Con- credits to Americans who make their House for 1 minute.) gress regarding admissibility, and for home, car and business more energy ef- Mr. WESTMORELAND. Mr. Speaker, other purposes. ficient. I come to you today to help with some f So while Democrats continue to sit statistics that I thought you might be on the sidelines, House Republicans NONPROLIFERATION PROGRESS interested in. The fact is that we have will continue to fight for meaningful (Mr. WILSON of South Carolina a new majority. We have had a new ma- solutions to lower gas prices and pro- jority now for about 18 months or so in asked and was given permission to ad- mote energy independence. dress the House for 1 minute and to re- this body. I wanted to give you some f vise and extend his remarks.) statistics about what has happened Mr. WILSON of South Carolina. Mr. CONSERVATION TAX INCENTIVES since the new majority has taken over. A gallon of gas has gone from $2.35 to Speaker, last week was an extraor- (Mr. WITTMAN of Virginia asked and dinary week of success for America in was given permission to address the $4.11, an increase of $1.76. A loaf of promoting nuclear nonproliferation. House for 1 minute.) bread has gone from $1.14 to $1.37, a 23- On Friday, the North Koreans de- Mr. WITTMAN of Virginia. Mr. cent increase. A gallon of milk has stroyed the cooling tower at their Speaker, I rise today to discuss one of gone from $3 to $3.76 a gallon. Dow Yongbyon nuclear complex. This, plus the most pressing issues facing our Jones has gone from 12,463 to 11,812, other recent concessions by that re- country today, and that is high gas losing 651 points. gime, will lead to additional aid for the prices. Soaring energy and gas prices Mr. Speaker, the American people I people of that impoverished nation. are burdening American families and think were misled with the new major- In India, the U.S.-India civilian nu- American businesses. We can encour- ity. But I think business and Wall clear agreement appears to be closer to age greater energy efficiency and offer Street and the price to consumers is approval. This is an important step to some relief to families and businesses now telling the tale of exactly what bring clean nuclear energy to the citi- by offering conservation tax incen- high taxes and the threat of high taxes zens of fast-growing India. and the willingness to be energy de- In Iraq, there was the removal of the tives. And we should make home energy efficiency upgrades tax deduct- pendent is costing the American peo- last remnants of Saddam Hussein’s nu- ple. clear program when 550 metric tons of ible. yellowcake, the seed material for high- At a time when families are choosing f between buying gas and buying food, er-grade nuclear enrichment, was ANNOUNCEMENT BY THE SPEAKER we should make it easier for American shipped to Canada. PRO TEMPORE However, the threat of Iran continues families. Congress should provide in- The SPEAKER pro tempore. Pursu- to grow. The Iranian Government has centives for home builders and home- ant to clause 8 of rule XX, the Chair confirmed it will not comply with the owners to make their homes more en- will postpone further proceedings U.N. Security Council resolutions re- ergy efficient. Having more energy effi- today on motions to suspend the rules quiring it to stop enriching uranium. cient homes will help families by leav- on which a recorded vote or the yeas It is encouraging to see the people of ing them with more money in their and nays are ordered, or on which the North Korea, India and Iraq benefit wallet to pay their bills. This is also vote is objected to under clause 6 of from moral cooperation, but it is sad to good for the environment, and also re- rule XX. see the misguided government of Iran duces our dependence on foreign oil. Record votes on postponed questions further isolate its civilian population In addition to helping families, we will be taken after 6:30 p.m. today. and put them at risk. should also offer investment expensing In conclusion, God bless our troops, for industrial and commercial building f and we will never forget September the efficiency upgrades. Helping businesses SHARK CONSERVATION ACT OF 11th. afford to be more energy efficient will 2008 f help businesses afford to keep their workers employed. Ms. BORDALLO. Mr. Speaker, I move REPUBLICANS WORK ON Families cannot afford to wait any to suspend the rules and pass the bill MEANINGFUL SOLUTIONS longer for relief at the pump. We need (H.R. 5741) to amend the High Seas (Ms. FOXX asked and was given per- to start today to encourage greater en- Driftnet Fishing Moratorium Protec- mission to address the House for 1 ergy efficiency by offering these tax in- tion Act and the Magnuson-Stevens minute.) centives by helping families and busi- Fishery Conservation and Management

VerDate Aug 31 2005 01:51 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.004 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6181 Act to improve the conservation of The SPEAKER pro tempore. Pursu- Science in my district for their leading sharks, as amended. ant to the rule, the gentlewoman from shark research. As a member of the Na- The Clerk read the title of the bill. Guam (Ms. BORDALLO) and the gen- tional Shark Research Consortium, re- The text of the bill is as follows: tleman from Virginia (Mr. WITTMAN) searchers at Virginia Institute of Ma- H.R. 5741 each will control 20 minutes. rine Science have been monitoring Be it enacted by the Senate and House of Rep- The Chair recognizes the gentle- shark populations in the mid-Atlantic resentatives of the United States of America in woman from Guam. since 1973. This long-term data set rep- Congress assembled, GENERAL LEAVE resents the longest running shark mon- SECTION 1. SHORT TITLE. Ms. BORDALLO. Mr. Speaker, I ask itoring program in the world. This im- This Act may be cited as the ‘‘Shark Con- servation Act of 2008’’. unanimous consent that all Members portant research has contributed to the SEC. 2. AMENDMENT OF HIGH SEAS DRIFTNET may have 5 legislative days in which to body of knowledge about sharks while FISHING MORATORIUM PROTECTION revise and extend their remarks and in- providing important data for policy- ACT. clude extraneous material on the bill makers to better manage and conserve Section 610(a) of the High Seas Driftnet under consideration. shark species. Fishing Moratorium Protection Act (16 The SPEAKER pro tempore. Is there H.R. 5741 is necessary because of a U.S.C. 1826k(a)) is amended— objection to the request of the gentle- (1) by striking so much as precedes para- mistake in a court ruling opening a woman from Guam? loophole in the Shark Finning Prohibi- graph (1) and inserting the following: There was no objection. ‘‘(a) IDENTIFICATION.—The Secretary shall tion Act of 2000. The ruling allowed identify, and list in the report under section b 1415 fishermen to transfer shark fins at sea 607— to transshipment vessels. This is clear- ‘‘(1) a nation if—’’; Ms. BORDALLO. Mr. Speaker, I rise in support of my bill, H.R. 5741, the ly a violation of that Act, and this bill (2) in paragraph (1) by redesignating sub- closes that loophole. paragraphs (A) and (B) as clauses (i) and (ii), Shark Conservation Act of 2008. respectively; Sharks are vital to the health of ma- While supporting the bill, some Mem- (3) by redesignating paragraphs (1) through rine ecosystems, but the practice of bers do remain concerned that this (3) as subparagraphs (A) through (C), respec- shark finning is driving their decline broad legislation may be viewed as tively; worldwide. Eight years ago, Congress short-circuiting the ability of inter- (4) by moving subparagraphs (A) through passed the Shark Finning Prohibition ested parties to comment on the pro- (C) (as so redesignated) 2 ems to the right; Act to protect these critical species. posal through the normal Regional (5) in subparagraph (C) (as so redesignated) H.R. 5741 reconfirms the original intent Fishery Management Council rule- by striking the period at the end and insert- making process. In addition, this bill ing ‘‘; and’’; and of Congress to prevent both shark fin- (6) by adding at the end the following: ning and the transshipment and land- may have unintended consequences for ‘‘(2) a nation if— ing of shark fins without carcasses. It at least one State’s shark fishery land- ‘‘(A) fishing vessels of that nation are en- also provides an important new en- ing law. gaged, or have been engaged during the pre- forcement mechanism requiring that While I urge a ‘‘yes’’ vote on H.R. ceding calendar year, in fishing activities or sharks be landed with their fins natu- 5741, these concerns require continued practices that target or incidentally catch rally attached. attention as this legislation moves for- sharks; and Reducing shark finning is imperative ward in the Senate. ‘‘(B) the nation has not adopted a regu- to conserving sharks and the marine Ms. BORDALLO. Mr. Speaker, first I latory program to provide for the conserva- want to thank the gentleman from Vir- tion of sharks, including measures to pro- ecosystems of which they are a part. I hibit removal of any of the fins of a shark am grateful that the bill has the strong ginia for his support of this particular (including the tail) and discarding the car- support of my colleagues from the piece of legislation. cass of the shark at sea, that is comparable Western Pacific, namely Congressman I have no additional requests for time to that of the United States, taking into ac- ABERCROMBIE from the State of Hawaii and would reserve the balance of my count different conditions.’’. and Congressman FALEOMAVAEGA from time. SEC. 3. AMENDMENT OF MAGNUSON-STEVENS American Samoa, as well as the rank- Mr. WITTMAN of Virginia. Mr. FISHERY CONSERVATION AND MAN- Speaker, I yield as much time as he AGEMENT ACT. ing member of the Fisheries, Wildlife Section 307(1) of Magnuson-Stevens Fish- and Oceans Subcommittee, Mr. BROWN may consume to the gentleman from ery Conservation and Management Act (16 from South Carolina. the State of Georgia (Mr. WESTMORE- U.S.C. 1857(1)) is amended— I would note that last week, the Na- LAND). (1) by amending subparagraph (P) to read tional Oceanic and Atmospheric Ad- Mr. WESTMORELAND. Thank you. as follows: ministration raised some concerns with And while I stand to ask the Mem- ‘‘(P)(i) to remove any of the fins of a shark the narrow aspect of the bill as it bers to also support this legislation (including the tail) at sea; that the gentlelady from Guam has in- ‘‘(ii) to have custody, control, or posses- might relate to shark fishing on the west coast. We are waiting for addi- troduced, I think it’s interesting, sion of any such fin aboard a fishing vessel though, that we’re here today talking unless it is naturally attached to the cor- tional information from the agency responding carcass; and will work with them as the bill about the carcasses of sharks, Mr. ‘‘(iii) to transfer any such fin from one ves- proceeds to determine how this concern Speaker. We debated the other day on sel to another vessel at sea, or to receive any can be addressed without creating any the floor monkey bites, and we have such fin in such transfer, without the fin unintended loopholes in the shark fin- had some quite interesting conversa- naturally attached to the corresponding car- ning ban. tions on the floor about legislation cass; or Mr. Speaker, H.R. 5741 is a timely that’s important and important to the ‘‘(iv) to land any such fin that is not natu- bill, and it’s an important bill, and I American people. rally attached to the corresponding carcass, But I find that the one subject that or to land any shark carcass without such ask my colleagues to support its pas- fins naturally attached;’’; and sage. we’re not talking about on the floor of (2) by striking the matter following sub- I reserve the balance of my time. the House, or at least not being able to paragraph (R) and inserting the following: Mr. WITTMAN of Virginia. Mr. debate on the floor of the House and ‘‘For purposes of subparagraph (P), there Speaker, I rise in support of H.R. 5741, have had any legislation come forward shall be a rebuttable presumption that if any the Shark Conservation Act of 2008. on the floor of the House that we could shark fin (including the tail) is found aboard The United States is a leader in really debate and get into a debate and a vessel, other than a fishing vessel, without international efforts to manage and talk about statistics and reality is the being naturally attached to the cor- conserve shark species, and the United fact of drilling and becoming more en- responding carcass, such fin was transferred States currently has a shark finning ergy independent. That is something, I in violation of subparagraph (P)(iii) and that ban in place and guidelines under the think, that is concerning most houses if, after landing, the total weight of shark fins (including the tail) landed from any ves- Magnuson-Stevens Fishery Conserva- and most families right now. sel exceeds five percent of the total weight of tion and Management Act to rebuild And the fact that, Mr. Speaker, the shark carcasses landed, such fins were taken, overfished shark populations. price of a gallon of gas is $4.11, $4.11, held, or landed in violation of subparagraph I would like to take a moment to rec- that’s a sticker shock that we can’t (P).’’. ognize the Virginia Institute of Marine seem to get our head around and get

VerDate Aug 31 2005 01:51 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.006 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6182 CONGRESSIONAL RECORD — HOUSE July 8, 2008 our hands on is that a gallon of gas the sharks in the sea who fear being de- Finally, this bill amends the High Seas today is costing $4.11. And the reason finned, it is also the American people Driftnet Moratorium Protection Act to allow the it’s costing $4.11 is because we are still who are being fleeced at the pump by Secretary of Commerce to identify and list na- completely dependent on foreign oil. Big Oil. And further, Mr. Speaker, I tions that have not adopted a regulatory pro- Now, while I know that there are a would say to the gentleman that dur- gram for the conservation of sharks similar to lot of people at home sitting around ing this summer as many Americans the U.S. considering what their chances of get- flock to the beach, they have a greater Mr. Speaker, it is necessary that we pass ting bitten by a monkey might be or chance of being bitten by Big Oil than this legislation immediately given the damage their care and real concern about a by a shark. that is constantly affecting our national marine shark carcass, I think they’re more Also, Mr. Speaker, our colleague ecosystems by the removal of sharks who concerned about a gallon of gas, the from American Samoa (Mr. have an integral part in sustaining life in these price of that. FALEOMAVAEGA) is attending to official ecosystems. So Mr. Speaker, I would encourage business in his district today and is I urge my colleagues tom pass H.R. 5741. you to encourage the rest of the mem- therefore unable to be here on the floor Again, I thank my colleagues for their support bers of the majority party, those that for this debate. I note, however, for the of this important bill. are in control, to have a good discus- record his involvement in drafting and Ms. BORDALLO. Mr. Speaker, I sion, a good debate on a piece of legis- advancing this legislation in com- again urge Members to support the bill, lation that would allow drilling on our mittee. and I yield back the balance of my Outer Continental Shelf in the areas of Mr. Speaker, I reserve the balance of time. the West that have shale oil, off the my time. The SPEAKER pro tempore. The coast of Alaska, and ANWR where we Mr. WITTMAN of Virginia. Mr. question is on the motion offered by know that there are billions of gallons Speaker, I have no additional speakers the gentlewoman from Guam (Ms. of gas. And not only that, but we’re fix- and yield back the balance of my time. BORDALLO) that the House suspend the ing to be in a natural gas crisis. Mr. FALEOMAVAEGA. Mr. Speaker, I rise rules and pass the bill, H.R. 5741, as Natural gas is about twice what it today in strong support of H.R. 5741, recog- amended. was, I believe, last year, and if that’s nizing the urgency for the U.S. to maintain its The question was taken; and (two- the case, people are not going be able leadership role in conserving sharks and the thirds being in the affirmative) the to heat their homes. And so while we marine ecosystems of which they are apart. rules were suspended and the bill, as think that driving is expensive now First and foremost, I want to commend the amended, was passed. with gas at $4.11 a gallon, imagine hav- chief sponsor and good friend, Ms. BORDALLO A motion to reconsider was laid on ing home heating oil or natural gas to of Guam, for her initiative in introducing this the table. heat your house for your family and important legislation. I also want to commend f your bill is going to be twice as high as Chairman RAHALL and other members of the PRESERVE AMERICA AND SAVE it was. Well, Mr. Speaker, you won’t Committee on Natural Resources for their AMERICA’S TREASURES ACT even be able to drive to a warm place. strong support of this bipartisan legislation. And so these are some concerns that As a member of the Subcommittee on Fish- Ms. BORDALLO. Mr. Speaker, I move we need to be talking about now. Not eries, Wildlife, and Oceans, I want to person- to suspend the rules and pass the bill only are we into the immediate crisis ally commend my good friend, Chairwoman (H.R. 3981) to authorize the Preserve of high prices of gas, but we’re in the BORDALLO, for her tireless work on the many America Program and Save America’s crisis to come of our home heating oil issues affecting our oceans. This legislation in Treasures Program, and for other pur- and natural gas. particular is an example of the efforts by the poses, as amended. So I hope that while we take these subcommittee and the Congress in promoting The Clerk read the title of the bill. things serious about the carcasses of and preserving our natural resources. The text of the bill is as follows: these sharks, chances of getting bit by Mr. Speaker, the increased amount of shark H.R. 3981 a monkey, that we would consider our finning in the recent decades has taken a dev- Be it enacted by the Senate and House of Rep- dependence on foreign oil and what we astating toll on our efforts in conserving sharks resentatives of the United States of America in can do to become self-dependent. It’s and the marine ecosystems in which they are Congress assembled, all of the above. It’s going to take apart. The removal of shark fins and dumping SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as some conservation, but we cannot con- of the carcasses at sea is being fueled by the the ‘‘Preserve America and Save America’s serve our way out of this. It’s going to shark-fin trade, which in turn is being driven Treasures Act’’. take looking at new technologies for by the rapid economic growth in Asia. It is our (b) TABLE OF CONTENTS.—The table of con- wind and for solar. But we cannot build responsibility to further the prohibition of shark tents of this Act is as follows: enough solar panels nor enough wind- finning in order to preserve the conservation of Sec. 1. Short title; table of contents. mills to supply this country with its sharks and their corresponding ecosystems. TITLE I—PRESERVE AMERICA PROGRAM energy needs. We have already taken steps in alleviating this Sec. 101. Purpose. We don’t need to be doing away with problem when Congress enacted the Shark Sec. 102. Definitions. our coal-fired plants because 85 percent Finning Prohibition of 2000, prohibiting U.S. Sec. 103. Establishment. of the power of this country, Mr. fishermen from removing the fins of sharks Sec. 104. Designation of Preserve America Com- munities. Speaker, comes from those coal-fired and discarding the carcasses at sea, and from Sec. 105. Regulations. plants. We need to be looking at new landing or transporting shark fins without the Sec. 106. Authorization of appropriations. exploration, new ways to increase the corresponding carcasses. TITLE II—SAVE AMERICA’S TREASURES oil production of this country so that In April, Chairwoman BORDALLO introduced PROGRAM we might be more energy independent this legislation which includes specific meas- Sec. 201. Purpose. and not so dependent on the people ures that will strengthen the implementation Sec. 202. Definitions. around this world who are mainly and and enforcement of the shark finning prohibi- Sec. 203. Establishment. most of the time not our friends, Mr. tion. The bill clarifies that all vessels, not just Sec. 204. Regulations. Sec. 205. Authorization of appropriations. Speaker. fishing vessels, are prohibited from having So I hope you will take that message custody, control, or possession of shark fins TITLE III—GENERAL PROVISIONS back—and I know you will—to the ma- without the corresponding carcass, thereby Sec. 301. Prohibition on funding certain activi- jority and hopefully we can bring forth eliminating the unexpected loophole related to ties. some legislation that we can discuss the transport of shark fins. This legislation re- TITLE I—PRESERVE AMERICA PROGRAM and see if we can’t get gas prices down moves the 5 percent ‘‘fin to carcass’’ ratio, by SEC. 101. PURPOSE. for the American people. requiring that fishermen land all sharks with The purpose of this title is to authorize the Ms. BORDALLO. Mr. Speaker, I yield fins naturally attached which can later be eas- Preserve America Program, including— (1) the Preserve America grant program within myself as much time as I may con- ily removed after such inspection, making it the Department of the Interior; sume. easier for authorities to determine whether a (2) the recognition programs administered by Mr. Speaker, I would just simply say given set of fins belonged to a particular the Advisory Council on Historic Preservation; to the gentleman that it is not only dressed carcass. and

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(3) the related efforts of Federal agencies, (1) IN GENERAL.—The non-Federal share of artifacts, including documents, sculpture, and working in partnership with State, tribal, and the cost of carrying out a project provided a works of art. local governments and the private sector, to sup- grant under this title shall be not less than 50 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- port and promote the preservation of historic re- percent of the total cost of the project. ty’’ means a Federal entity, State, local, or trib- sources. (2) FORM OF NON-FEDERAL SHARE.—The non- al government, educational institution, or non- SEC. 102. DEFINITIONS. Federal share required under paragraph (1) profit organization. In this title: shall be in the form of— (3) HISTORIC PROPERTY.—The term ‘‘historic (1) COUNCIL.—The term ‘‘Council’’ means the (A) cash; or property’’ has the meaning given the term in Advisory Council on Historic Preservation. (B) donated supplies and related services, the section 301 of the National Historic Preservation (2) HERITAGE TOURISM.—The term ‘‘heritage value of which shall be determined by the Sec- Act (16 U.S.C. 470w). tourism’’ means the conduct of activities to at- retary. (4) NATIONALLY SIGNIFICANT.—The term ‘‘na- tract and accommodate visitors to a site or area (3) REQUIREMENT.—The Secretary shall ensure tionally significant’’ means a collection or his- based on the unique or special aspects of the that each applicant for a grant has the capacity toric property that meets the applicable criteria history, landscape (including trail systems), and to secure, and a feasible plan for securing, the for national significance, in accordance with culture of the site or area. non-Federal share for an eligible project re- regulations promulgated by the Secretary pursu- (3) PROGRAM.—The term ‘‘program’’ means quired under paragraph (1) before a grant is ant to section 101(a)(2) of the National Historic the Preserve America Program established under provided to the eligible project under the pro- Preservation Act (16 U.S.C. 470a(a)(2)). section 103(a). gram. (5) PROGRAM.—The term ‘‘program’’ means (4) SECRETARY.—The term ‘‘Secretary’’ means SEC. 104. DESIGNATION OF PRESERVE AMERICA the Save America’s Treasures Program estab- the Secretary of the Interior. COMMUNITIES. lished under section 203(a). SEC. 103. ESTABLISHMENT. (a) APPLICATION.—To be considered for des- (6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the (a) IN GENERAL.—There is established in the ignation as a Preserve America Community, a Department of the Interior the Preserve America community, tribal area, or neighborhood shall Director of the National Park Service. Program, under which the Secretary, in part- submit to the Council an application containing SEC. 203. ESTABLISHMENT. nership with the Council, may provide competi- such information as the Council may require. (a) IN GENERAL.—There is established in the tive grants to States, local governments (includ- (b) CRITERIA.—To be designated as a Preserve Department of the Interior the Save America’s ing local governments in the process of applying America Community under the program, a com- Treasures program, under which the amounts for designation as Preserve America Commu- munity, tribal area, or neighborhood that sub- made available to the Secretary under section nities under section 104), Indian tribes, commu- mits an application under subsection (a) shall, 205 shall be used by the Secretary, in consulta- nities designated as Preserve America Commu- as determined by the Council, in consultation tion with the organizations described in section nities under section 104, State historic preserva- with the Secretary, meet criteria required by the 201, subject to subsection (f)(1)(B), to provide tion offices, and tribal historic preservation of- Council and, in addition, consider— grants to eligible entities for projects to preserve fices to support preservation efforts through (1) protection and celebration of the heritage nationally significant collections and historic heritage tourism, education, and historic preser- of the community, tribal area, or neighborhood; properties. vation planning activities. (2) use of the historic assets of the community, (b) DETERMINATION OF GRANTS.—Of the (b) ELIGIBLE PROJECTS.— tribal area, or neighborhood for economic devel- amounts made available for grants under sec- (1) IN GENERAL.—The following projects shall opment and community revitalization; and tion 205, not less than 50 percent shall be made be eligible for a grant under this title: (3) encouragement of people to experience and available for grants for projects to preserve col- (A) A project for the conduct of— appreciate local historic resources through edu- lections and historic properties, to be distributed (i) research on, and documentation of, the cation and heritage tourism programs. through a competitive grant process adminis- history of a community; and (c) LOCAL GOVERNMENTS PREVIOUSLY CER- tered by the Secretary, subject to the eligibility (ii) surveys of the historic resources of a com- TIFIED FOR HISTORIC PRESERVATION ACTIVI- criteria established under subsection (e). munity. TIES.—The Council shall establish an expedited (c) APPLICATIONS FOR GRANTS.—To be consid- (B) An education and interpretation project process for Preserve America Community des- ered for a competitive grant under the program that conveys the history of a community or site. ignation for local governments previously cer- an eligible entity shall submit to the Secretary (C) A planning project (other than building tified for historic preservation activities under an application containing such information as rehabilitation) that advances economic develop- section 101(c)(1) of the National Historic Preser- the Secretary may require. ment using heritage tourism and historic preservation Act (16 U.S.C. 470a(c)(1)). (d) COLLECTIONS AND HISTORIC PROPERTIES vation. (d) GUIDELINES.—The Council, in consultation ELIGIBLE FOR COMPETITIVE GRANTS.— (D) A training project that provides opportu- with the Secretary, shall establish any guide- (1) IN GENERAL.—A collection or historic prop- nities for professional development in areas that lines that are necessary to carry out this sec- erty shall be provided a competitive grant under would aid a community in using and promoting tion. the program only if the Secretary determines its historic resources. SEC. 105. REGULATIONS. that the collection or historic property is— (E) A project to support heritage tourism in a The Secretary shall develop any guidelines (A) nationally significant; and Preserve America Community designated under and issue any regulations that the Secretary de- (B) threatened or endangered. section 104. termines to be necessary to carry out this title. (2) ELIGIBLE COLLECTIONS.—A determination (F) Other nonconstruction projects that iden- SEC. 106. AUTHORIZATION OF APPROPRIATIONS. by the Secretary regarding the national signifi- tify or promote historic properties or provide for There is authorized to be appropriated to cance of collections under paragraph (1)(A) the education of the public about historic prop- carry out this title $25,000,000 for each of fiscal shall be made in consultation with the organiza- erties that are consistent with the purposes of years 2009, 2010, 2011, 2012 and 2013, to remain tions described in section 201, as appropriate. this Act. available until expended. (3) ELIGIBLE HISTORIC PROPERTIES.—To be eli- (2) LIMITATION.—In providing grants under gible for a competitive grant under the program, TITLE II—SAVE AMERICA’S TREASURES this title, the Secretary shall only provide 1 a historic property shall, as of the date of the PROGRAM grant to each eligible project selected for a grant application— grant. SEC. 201. PURPOSE. (A) be listed in the National Register of His- (c) PREFERENCE.—In providing grants under The purpose of this title is to authorize within toric Places at the national level of significance; this title, the Secretary may give preference to the Department of the Interior the Save Amer- or projects that carry out the purposes of both the ica’s Treasures Program, to be carried out by (B) be designated as a National Historic program and the Save America’s Treasures Pro- the Director of the National Park Service, in Landmark. gram. partnership with— (e) SELECTION CRITERIA FOR GRANTS.— (d) CONSULTATION AND NOTIFICATION.— (1) the National Endowment for the Arts; (1) IN GENERAL.—The Secretary shall not pro- (1) CONSULTATION.—The Secretary shall con- (2) the National Endowment for the Human- vide a grant under this title to a project for an sult with the Council in preparing the list of ities; eligible collection or historic property unless the projects to be provided grants for a fiscal year (3) the Institute of Museum and Library Serv- project— under the program. ices; (A) eliminates or substantially mitigates the (2) NOTIFICATION.—Not later than 30 days be- (4) the National Trust for Historic Preserva- threat of destruction or deterioration of the eli- fore the date on which the Secretary provides tion; gible collection or historic property; grants for a fiscal year under the program, the (5) the National Conference of State Historic (B) has a clear public benefit; and Secretary shall submit to the Committee on En- Preservation Officers; (C) is able to be completed on schedule and ergy and Natural Resources of the Senate, the (6) the National Association of Tribal Historic within the budget described in the grant appli- Committee on Appropriations of the Senate, the Preservation Officers; and cation. Committee on Natural Resources of the House of (7) the President’s Committee on the Arts and (2) PREFERENCE.—In providing grants under Representatives, and the Committee on Appro- the Humanities. this title, the Secretary may give preference to priations of the House of Representatives a list SEC. 202. DEFINITIONS. projects that carry out the purposes of both the of any eligible projects that are to be provided In this title: program and the Preserve America Program. grants under the program for the fiscal year. (1) COLLECTION.—The term ‘‘collection’’ (3) LIMITATION.—In providing grants under (e) COST-SHARING REQUIREMENT.— means a collection of intellectual and cultural this title, the Secretary shall only provide 1

VerDate Aug 31 2005 01:51 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4634 Sfmt 6333 E:\CR\FM\A08JY7.009 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6184 CONGRESSIONAL RECORD — HOUSE July 8, 2008 grant to each eligible project selected for a tion and education regarding historic House Millennium Council chaired by grant. resources, while the Save America’s then-First Lady Hillary Clinton. The (f) CONSULTATION AND NOTIFICATION BY SEC- Treasures Program provides grants for program has provided much-needed RETARY.— rehabilitation in restoration work. bricks and mortar support and has suc- (1) CONSULTATION.— (A) IN GENERAL.—Subject to subparagraph Both programs, Mr. Speaker, are ceeded beyond anyone’s expectations, (B), the Secretary shall consult with the organi- enormously successful because they le- funding America’s most threatened zations described in section 201 in preparing the verage limited Federal dollars for cultural treasures for almost 10 years. list of projects to be provided grants for a fiscal much larger State, local, and private The current administration, under year by the Secretary under the program. investment in preserving and inter- the leadership of First Lady Laura (B) LIMITATION.—If an entity described in preting our history and our heritage. Bush, created the Preserve America subparagraph (A) has submitted an application These programs were created by execu- Program to support community preser- for a grant under the program, the entity shall tive order, and this legislation simply vation efforts by providing funding for be recused by the Secretary from the consultation requirements under that subparagraph and provides statutory authorization for heritage tourism and preservation subsection (a). both of these programs. H.R. 3981 is a planning. (2) NOTIFICATION.—Not later than 30 days be- top priority for the Bush administra- The two programs serve different fore the date on which the Secretary provides tion. purposes, and together, they provide a grants for a fiscal year under the program, the I ask my colleagues to support pas- comprehensive approach to preserva- Secretary shall submit to the Committee on En- sage of this measure. tion and community revitalization. ergy and Natural Resources of the Senate, the I reserve the balance of my time. Mr. MIKE TURNER and I announced Committee on Appropriations of the Senate, the Mr. WITTMAN of Virginia. Mr. the Preserve America and Save Amer- Committee on Natural Resources of the House of Speaker, Preserve America has been an ica’s Treasures Act in the Sewall-Bel- Representatives, and the Committee on Appro- administration initiative that encour- mont House, just a couple of blocks priations of the House of Representatives a list ages and supports community efforts of any eligible projects that are to be provided from here. The Sewall-Belmont House grants under the program for the fiscal year. to preserve cultural and natural herit- was designated a national historic (g) COST-SHARING REQUIREMENT.— age. Preserve America communities in landmark for its significance in Amer- (1) IN GENERAL.—The non-Federal share of Virginia’s First Congressional District ican history. It was the headquarters the cost of carrying out a project provided a include Prince William County, Spot- for the National Woman’s Party, led by grant under this title shall be not less than 50 sylvania County, and Williamsburg, Alice Paul, and their movement to se- percent of the total cost of the project. Virginia. cure women the right to vote. (2) FORM OF NON-FEDERAL SHARE.—The non- The Save America’s Treasures Pro- Despite that obvious historical sig- Federal share required under paragraph (1) gram provides grants preserving cer- nificance, it was not long ago that the shall be in the form of— (A) cash; or tain historic sites and collections in- Sewall-Belmont House was threatened (B) donated supplies or related services, the cluding Kenmore Mansion in Fred- by a leaking roof and by significant value of which shall be determined by the Sec- ericksburg and the restoration of the other structural damage. The Sewall- retary. original military campaign tents used Belmont House was the first building (3) REQUIREMENT.—The Secretary shall ensure by George Washington that are now to receive funding as a Save America’s that each applicant for a grant has the capacity currently on display at the Colonial Treasures project. and a feasible plan for securing the non-Federal National Historic Park in Yorktown, In my own district, Save America’s share for an eligible project required under Treasures funding has helped preserve paragraph (1) before a grant is provided to the Virginia. eligible project under the program. I would like to acknowledge the posi- the F.W. Woolworth Building in downtown Greensboro. Mr. Speaker, as you SEC. 204. REGULATIONS. tive contributions that have been made The Secretary shall develop any guidelines to responsible preservation, particu- know well, on February 1, 1960, four Af- and issue any regulations that the Secretary de- larly by Mr. TURNER of Ohio who has rican American students from North termines to be necessary to carry out this title. long promoted property rights as a key Carolina A&T University sat down at SEC. 205. AUTHORIZATION OF APPROPRIATIONS. component of these programs. Mr. the ‘‘white only’’ lunch counter and re- There is authorized to be appropriated to TURNER’s contribution to this legisla- fused to move until they were treated carry out this title $50,000,000 for each fiscal tion has brought us to where we are the same as the white customers. year, to remain available until expended. today by ensuring the constitutional Within 2 months, the sit-ins at Wool- TITLE III—GENERAL PROVISIONS rights of private property owners while worth’s inspired similar demonstra- SEC. 301. PROHIBITION ON FUNDING CERTAIN promoting historic and cultural preser- tions throughout the South involving ACTIVITIES. vation. thousands of protesters. The sit-in at None of the funds provided pursuant to this Mr. Speaker, I reserve the balance of the Woolworth’s lunch counter was the Act may be used to study or establish a National my time. moment when the civil rights struggle Heritage Area or fund a National Heritage Area Ms. BORDALLO. Mr. Speaker, I yield in this country became a mass move- management entity. such time as he may consume to the ment. The SPEAKER pro tempore. Pursu- The Woolworth Building and its ant to the rule, the gentlewoman from gentleman from North Carolina (Mr. MILLER), the bill’s sponsor. lunch counter are sacred grounds of the Guam (Ms. BORDALLO) and the gen- civil rights movement and must be pre- tleman from Virginia (Mr. WITTMAN) b 1430 served for future generations. each will control 20 minutes. Mr. MILLER of North Carolina. Mr. The Preserve America Program has The Chair recognizes the gentle- Speaker, I rise in strong support of the designated more than 500 neighbor- woman from Guam. Preserve America and Save America’s hoods, cities, and towns throughout the GENERAL LEAVE Treasures Act, which will, as the two United States as Preserve America Ms. BORDALLO. Mr. Speaker, I ask speakers already have said, authorize Communities and has awarded grants unanimous consent that all Members two programs that are critical to the since 2006. Earlier this year, the De- may have 5 legislative days in which to future of America’s historic preserva- partment of the Interior made its first revise and extend their remarks and in- tion efforts. round of 2008 grants of $2.9 million to 43 clude extraneous material on the bill I want to thank Chairman RAHALL projects in 25 States. This September under consideration. and Ranking Member YOUNG of the they will award an additional $4.3 mil- The SPEAKER pro tempore. Is there Natural Resources Committee, as well lion in grants. The projects support objection to the request of the gentle- as Chairman GRIJALVA and Ranking heritage tourism, the commercial revi- woman from Guam? Member BISHOP of the National Parks, talization of neglected downtowns, and There was no objection. Forests and Public Lands Sub- the reuse of historic properties. Ms. BORDALLO. Mr. Speaker, both committee, for their work in shep- Mr. Speaker, America’s historic the Preserve America and the Save herding this legislation, as well as the places remind us of who we are. They America’s Treasures Programs provide historic preservation community for remind us of our history. We cannot Federal matching grants for important their support for this bill. cheat our children of that connection historic preservation projects. Preserve The Save America’s Treasures Pro- with their past, that understanding of America provides grants for interpreta- gram was started as part of the White who they are.

VerDate Aug 31 2005 01:51 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.009 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6185 The Preserve America Program, preservation nationally, as well as in legislation, as well as their leadership as co- through its grant opportunities and Ohio. Ohio is home to nine Preserve chairs of the House Historic Preservation community designations, ensures that America communities, Dayton, my Caucus. We hope that Congress will pass H.R. 3981, legislation which is critical to the his- important communities and neighbor- hometown, being one. In fact, Dayton toric preservation community. hoods will survive for future genera- recently received a Preserve America Despite all of their success and support, tions. Grant that will help analyze heritage the PA and SAT programs are unauthorized Historic preservation helps revitalize tourism in the area. and funded from year-to-year through the cities, towns, and rural areas nation- Additionally, since 1999, Ohio has annual appropriations process. We would like wide where dramatic population shifts, been the home of 45 Save America’s to see Congress authorize SAT and PA with Treasures Projects. These projects a long-term programmatic and funding vi- outdated planning, and the loss of mansion that would enable both programs to ufacturing jobs have made market- total nearly $11 million in funding to- work in harmony with the other components driven reinvestment impossible with- ward bricks and mortar restoration of of the national historic preservation pro- out some assistance. important Ohio historic assets such as gram. Authorization would codify the suc- Rehabilitation of vacant and the Paul Lawrence Dunbar House in cessful implementation and practices of the underused historic structures can at- Dayton; Cincinnati’s Union Terminal; ten-year old SAT program along with its tract new investment in growing com- the Wright Flyer III in Dayton, Ohio; newer partner, Preserve America, led by First Ladies Clinton and Bush respectively. munities. Whether it is preserving the Palace Theatre in Columbus; and While each of these historic preservation ini- main streets of downtowns, or reusing last, but not least, The National First tiatives apply to projects of a different na- historic properties as affordable hous- Ladies Library in Canton, Ohio. ture—SAT for ‘‘bricks and mortar’’ preserva- ing, preservation makes history come It’s certainly interesting to note that tion and PA for heritage education and out- alive in communities throughout the the First Ladies Library was a recipi- reach, it is important that they should be country. ent of the two programs started by authorized and mutually supportive of each Mr. Speaker, I am pleased that the these two First Ladies. other to maximize federal resources and H.R. 3981 will ensure a stable and goals in saving the nation’s historic assets. House is now considering these two We already know that PA and SAT are work- successful programs. Through passing continuous funding source is authoring together at specific locations throughout this bill and authorizing these pro- ized to assist in funding these impor- the country. grams, Congress can affirm our com- tant projects. While much has been achieved since SAT mitment to saving our natural herit- Additionally, the bill ensures that was established, the need remains great and age, our historic heritage, and revital- public-private partnerships remain a we must look to future needs. In just the key aspect to the preservation of im- first eight years of the program, 2,702 grant izing our communities. applications were received, representing re- Once again, I ask my colleagues for portant historic assets by requiring quests for more than $1.17 billion in critical their support for the Preserve America non-Federal funds be used in collabora- preservation assistance. SAT has provided and Save America’s Treasures Act. tion with these Federal grants. more than $264 million in federal challenge Mr. WITTMAN of Virginia. Mr. The authorization of these programs grants to 1,024 historic preservation projects Speaker, I yield such time as he may will help highlight the importance of through 2007. These funds have helped bring consume to the gentleman from Ohio historic preservation as an economic new life to irreplaceable historic treasures— including buildings, documents and works of (Mr. TURNER). development tool, as well as a core national value. art—in every state. SAT funds have made a Mr. TURNER. Mr. Speaker, today I huge difference, but without Congress’ ongo- speak in favor of H.R. 3981, the Save It is clear that saving our heritage in ing commitment to the program, it would be America’s Treasures/Preserve America these buildings and neighborhoods is virtually impossible to stimulate the re- Authorization Act of 2008. not just a way to pay homage to our quired dollar-for-dollar non-federal matching I want to thank Representative MIL- past. It is also an important way to contributions and hard to imagine where else LER, the co-chair of the Historic Pres- boost our economy in the present, in the money would come from to preserve our ervation Caucus, for his collaboration addition to the future. national heritage. That same ongoing need applies to PA on this bill, as well as Senator DOMEN- This bill enjoys a broad range of support, including many historic preserva- projects as well with grants to support com- ICI and Senator CLINTON for their work munity efforts that demonstrate sustainable in moving this bill forward in the Sen- tion organizations and over 55 cospon- uses of historic and cultural sites, and the ate. sors in the House. economic and educational opportunities re- I also want to thank Chairman RA- Again, I want to thank Congressman lated to heritage tourism. The first round of HALL and Ranking Member YOUNG of MILLER for being the lead sponsor of Preserve America Grants in 2007 provided 43 the House Natural Resources Com- this legislation, as well as the leader- applicants with a total of $2.6 million distributed across the nation. The second round mittee, as well as Chairman GRIJALVA ship of the Resources Committee for ushering this bill through the com- provided $2.26 million to 29 recipients in 20 and Ranking Member BISHOP of the states. The importance of resources to sup- House Natural Resources Sub- mittee process. port this effort has not diminished since committee on National Parks, Forests This bill is also important because then—in fact, it has grown. and Public Lands for their work on this many of the recipients are organiza- SAT and PA reflect the bipartisan and bi- bill. tions that are staffed by volunteers. cameral commitment that has characterized Finally, I want to commend the work These programs recognize their efforts historic preservation policy in Congress and the White House over the years. SAT was of the national historic preservation to preserve the fabric of their community and help tell the story of our Na- created during a Democratic administration advocacy groups, many of which have and embraced by the Bush Administration collaborated with our offices in tion’s heritage. These programs work. and Congressional Republicans. Likewise, crafting this bill. I urge my colleagues to vote in favor PA was created during a Republican admin- To this date, the Save America’s of this legislation. istration and is now supported by Members Treasures and Preserve America Pro- JULY 7, 2008. on both sides of the aisle. This is the strong- grams have been authorized through Hon. NICK RAHALL, est signal that authorizing both programs makes sense when bipartisanship is some- executive order, and I want to point Chairman, Committee on Natural Resources, House of Representatives, Washington, DC. times an elusive quality. We urge you to pass out that through both First Lady Hon. DON YOUNG, this timely authorization. Laura Bush’s and former First Lady Ranking Member, Committee on Natural Re- Sincerely, Hillary Clinton’s efforts and commit- sources, House of Representatives, Wash- RICHARD MOE, ment to historic preservation, these ington, DC. President, programs have been a success for many DEAR CHAIRMAN RAHALL AND RANKING National Trust for His- local communities. MEMBER YOUNG: We are writing as represent- toric Preservation. H.R. 3981 would ensure that these two atives of the national preservation commu- HEATHER MACINTOSH, important programs continue by codi- nity in support of H.R. 3981, a bill that would President, authorize both the Preserve America (PA) Preservation Action. fying them into law. and Save America’s Treasures (SAT) pro- MIKE POLK, Both the Save America’s Treasures grams. Our organizations support this meas- President, and Preserve America Programs have ure and we are grateful to Reps. Miller and American Cultural Re- had an enormous impact on historic Turner for their initiative in authoring this sources Association.

VerDate Aug 31 2005 05:09 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.012 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6186 CONGRESSIONAL RECORD — HOUSE July 8, 2008 LU ANN DE CUNZO, Ms. BORDALLO. Mr. Speaker, I yield thought was very interesting. The per- President, myself as much time as I may con- centage of voters who give Congress Society for Historical sume. good or excellent ratings has fallen to Archeology. Mr. Speaker, the Democrats have single digits for the first time in Ras- Ms. BORDALLO. Mr. Speaker, I have been on this floor for weeks watching mussen reporting tracking history. no additional requests for time, and I our colleagues from across the aisle de- This month, just 9 percent say Con- would reserve the balance of my time. fend multinational oil conglomerates. gress is doing a good or excellent job. Mr. WITTMAN of Virginia. Mr. The fact of the matter is that the en- Mr. Speaker, I think we need to form a Speaker, I yield such time as he may ergy challenges that our Nation faces committee to go find that 9 percent of consume to the gentleman from Geor- demand more than rhetoric and battles the people to find out where they’ve gia (Mr. BROUN). on the floor of the House. Certainly, been because we are not doing a good Mr. BROUN of Georgia. Mr. Speaker, our constituents who are feeling the job, we are not doing an excellent job. we’re talking about preserving Amer- energy pinch deserve more. We are doing a very poor job of ad- ica, but we need to preserve the eco- We need to put our energies into find- dressing the needs of the American nomic viability of America, and as long ing common ground to achieve real, people and what’s affecting their pock- as we’re paying $4.10 a gallon, we’re not workable solutions to our energy prob- etbook and the ability for their family going to be an economically viable Na- lems, and toward that end, we need to to survive today. tion. It’s going higher and higher. be working on our energy challenge We’ve got gasoline that is up $1.76 a In the last bill’s debate, we talked from two ends at the same time, fur- gallon since the end of 2006. A loaf of about monkey bites, shark bites, and thermore, the supply end and the con- bread is up 23 cents, or about 23 per- there was an accusation of the energy servation end. By doing so, we can cent, than what it was at the end of production companies are biting peo- work without partisanship to bring re- 2006. A gallon of milk is up almost 30 ple. But what’s biting people in their lief to the American people. And that, percent, Mr. Speaker, since the new pocketbooks and their wallets is this just like the underlying bill, would pre- majority came in. The Dow Jones has high cost of gasoline, high cost of en- serve America’s true treasures and the lost about 20 percent. The stock mar- ergy. treasures are our people. ket is down $53 billion in the wealth of Until we start dealing with this I reserve the balance of my time. the stock market. Real net worth is issue, we’re going to continue to have Mr. WITTMAN of Virginia. Mr. down $2.51 trillion. The real per capita problems in this country. We’re going Speaker, I yield such time as he may gross domestic product is down. Infla- to continue to have economic prob- consume to the gentleman from Geor- tion rate is up. Unemployment rate is lems, and it’s absolutely critical that gia (Mr. WESTMORELAND). up. The real average wage is down, Mr. we deal with what’s on America’s Mr. WESTMORELAND. Mr. Speaker, Speaker. We are not doing a good job. Part of the reason that bread is high, mind, and that is energy costs. I appreciate my friend from Guam and As we head into the fall and winter, her comments about bipartisan and that milk is high, that the stock market is going down, that inflation is up not too far off, people are going to have working together and coming up with a is because of the oil crisis that we’re in a hard time heating their homes. Poor common solution. right now because we are totally de- people and retirees are going to have a Mr. Speaker, I am all for that, but pendent on foreign oil. And I would hard time buying the heating oil. what we’ve come up with in the past is like to close with this, as a quote from The problem is the shortage of en- very limited debate. We’ve had bills the Department of Minerals Manage- ergy supplies here in America, and come to the floor with no amendments. ment Service that’s in the Interior De- until we start making energy supplies We’ve had bills come to this floor that partment. The director says, ‘‘The more available to the American public, had no committee hearings. Now, that, agency estimates that offshore drilling we’re going to continue to have higher to me, is not working together or with could produce 1.8 billion barrels of oil and higher costs. bipartisan support. and 76 trillion cubic feet of natural We can’t just talk about conserva- So, if we want to have this bipartisan gas.’’ And we’re going to need that nat- tion. We can’t just talk about solar and discussion, let’s have it on the floor. ural gas, Mr. Speaker, when these wind. We’ve got to talk about those Let’s have an open rule on an energy home heating oil and natural gas bills things certainly, but that’s only a bill, an open rule energy bill. What a great way to preserve what this body come due for people trying to stay minute part of the answer. We’ve got warm this winter. The director would to develop nuclear energy. was meant to be, a place where representatives of the people came to de- not say how much more oil and gas he Just below my district, Plant Vogel thinks the lands could produce, but he in Georgia is having a hard time get- bate and discuss and to talk about things that were affecting their con- said that experience has shown that ting permitting for two nuclear reac- once companies begin drilling on land, tors. They’re being blocked by the rad- stituents. But half the people in America who they often find more than expected. ical environmentalists and through the are represented by Republicans in this Mr. Speaker, we have about 2.5 bil- inane permitting process that’s going body have not had an opportunity to lion acres of Federal land and offshore on today. We need to get those reactors even offer an amendment to some of that we could be drilling on; 68 million online. We need to get oil, coal, gas, these energy bills. We’ve not even had of that has leases that oil companies propane, all more available so that an opportunity to come down and have leased. And we certainly—and I people can have an economic future speak on this floor because of the lim- say we, I’m talking about the minor- that makes sense. ited debate. ity—do not think that Big Oil does not So, as we talk about preserving If we want to work out a solution, if play some part in this. But the reality things, let’s preserve our families. we want to hear all the ideas from all of it is we cannot expect Big Oil to go Let’s preserve our pocketbooks. Let’s 435 Members of this, so all the people in out and drill on leased land that has no have money to spend to create a this country can have some input into oil or no gas. You do not go grocery stronger economy. Not focus on these this process, let’s have an open energy shopping at a hardware store. other things, as important as some feel bill that went through regular order We need to open up this land that is that they may be. But the most impor- and went through the subcommittee available, that the Department of Inte- tant thing to America today is energy and the committee process, had a rule rior, that the Minerals and Manage- and the high cost of energy. that was written where we could all ment Service says that there is gas and We need to do something about that. have some input. oil there. We need to open up this land We shouldn’t go home until we solve to let people drill on, to let people get the energy problem of America, and b 1445 our natural resources out of the ground we’re not doing the American public I’m for that kind of bipartisan sup- rather than us being dependent on justice when we continue talking about port, and I know you are too because going to foreign countries on bended all these other things except energy. you are a very sweet lady. knee with hat in hand asking them to We need to focus on energy. Let’s drill Now, let me go on to say one thing: sell us their natural resources when we for oil. Let’s drill now. There was a poll that came out today I refuse to use our own.

VerDate Aug 31 2005 01:51 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.007 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6187 So Mr. Speaker, I will close with SECTION 1. DOROTHY BUELL MEMORIAL VISITOR there. Congress must approve the this, that we do want to work. We want CENTER. spending and the use of personnel be- (a) SHORT TITLE.—This section may be a bipartisan solution. Because we think cited as the ‘‘Dorothy Buell Memorial Vis- cause the visitor center lies outside the the answer is all of the above, it’s more itor Center Partnership Act’’. established boundaries of the park. conservation, it’s more use of wind and (b) MEMORANDUM OF UNDERSTANDING.—The Finally, Mr. Speaker, H.R. 1423 would solar, but it’s also drilling. It’s also Secretary of the Interior may enter into a clarify the definition of ‘‘contiguous using our own natural resources. It’s memorandum of understanding to establish a lands’’ in the park’s original legisla- using clean coal. It’s using an environ- joint partnership with the Porter County tion so that the National Park Service mentally sensitive way to get this nat- Convention, Recreation and Visitor Commis- could accept donations of contiguous ural resource out of the ground. And we sion. The memorandum of understanding land even if that land is separated by a shall— welcome an open rule bill that comes (1) identify the overall goals and purpose of right-of-way such as a road, a railway to the floor that all 435 people and the the Dorothy Buell Memorial Visitor Center; line or utility corridor. seven delegates that represent people (2) establish how management and oper- I commend the sponsor, the gen- in our territories and our States in this ational duties will be shared; tleman from Indiana (Mr. VISCLOSKY), great country that we live in, to come (3) determine how exhibits, Signs, and for his work on the legislation, and I have an open, honest debate about other information are developed; ask my colleagues to support passage (4) indicate how various activities will be what we can do to solve our energy pol- of this measure. funded; Mr. Speaker, I reserve the balance of icy, to come together, to work to- (5) identify who is responsible for providing gether. That’s the kind of change that site amenities; my time. the American people want, not the rad- (6) establish procedures for changing or Mr. WITTMAN of Virginia. Mr. ical kind of change that has been of- dissolving the joint partnership; and Speaker, Indiana Dunes National Lake- fered so far in this Congress. (7) address any other issues deemed nec- shore, on the southern tip of Lake Ms. BORDALLO. Mr. Speaker, I yield essary by the Secretary or the Porter County Michigan, is comprised of 15,000 acres Convention, Recreation and Visitor Commis- myself such time as I may consume. along 15 miles of shoreline. This bill sion. authorizes the Secretary of Interior to Mr. Speaker, the gentleman keeps (c) DEVELOPMENT OF EXHIBITS.—The Sec- talking about opening up more land. retary may plan, design, construct, and in- enter into a Memorandum of Under- Well, the fact is 80 percent of the oil stall exhibits in the Dorothy Buell Memorial standing with Porter County Commis- available on the Outer Continental Visitor Center related to the use and mansion to lease space for the use of a vis- Shelf today is already open for leasing, agement of the resources at Indiana Dunes itor center. It also permits the Sec- but the oil companies haven’t decided National Lakeshore, at a cost not to exceed retary to accept donations of lands it’s worth their money to drill there. $1,500,000. that are located along the borders of (d) NATIONAL LAKESHORE PRESENCE.—The Mr. Speaker, I reserve the balance of the lakeshore but are separated by a Secretary may use park staff from Indiana right-of-way. my time. Dunes National Lakeshore in the Dorothy Mr. WITTMAN of Virginia. Mr. Buell Memorial Visitor Center to provide And today, as we are dealing with Speaker, I yield back the balance of visitor information and education. this particular unit of the National my time. SEC. 2. INDIANA DUNES NATIONAL LAKESHORE. Park Service, I think it’s fitting to re- Ms. BORDALLO. Mr. Speaker, I Section 19 of the Act entitled ‘‘An Act to member that our constituents are deal- again urge Members to support this provide for the establishment of the Indiana ing with high gasoline prices that are worthwhile bill, and I yield back the Dunes National Lakeshore, and for other cutting into family vacations this sum- balance of my time. purposes’’ (16 U.S.C. 460u–19) is amended— mer, making it increasingly costly to (1) by striking ‘‘After notifying’’ and in- visit our national parks. The SPEAKER pro tempore. The serting ‘‘(a) After notifying’’; and question is on the motion offered by Over the Independence Day work pe- (2) by adding at the end the following: riod back in my district, I spoke with the gentlewoman from Guam (Ms. ‘‘(b) CONTIGUOUS CLARIFIED.—For purposes BORDALLO) that the House suspend the of subsection (a), lands may be considered a number of constituents who are still rules and pass the bill, H.R. 3981, as contiguous to other lands if the lands touch frustrated about high gasoline prices amended. the other lands, or are separated from the and also are frustrated with what they The question was taken. other lands by only a public or private right- perceive as Congress’ failure to do any- of-way, such as a road, railroad, or utility thing to adopt a comprehensive energy The SPEAKER pro tempore. In the corridor.’’. opinion of the Chair, two-thirds being policy. This Congress needs to take ac- in the affirmative, the ayes have it. The SPEAKER pro tempore. Pursu- tion to put all of our available re- Mr. WESTMORELAND. Mr. Speaker, ant to the rule, the gentlewoman from sources and technologies on the table, on that I demand the yeas and nays. Guam (Ms. BORDALLO) and the gen- including increase American-made en- The yeas and nays were ordered. tleman from Virginia (Mr. WITTMAN) ergy, conservation and efficiency to The SPEAKER pro tempore. Pursu- each will control 20 minutes. bring relief at the pumps. The Chair recognizes the gentle- ant to clause 8 of rule XX and the I thought the best story that I heard woman from Guam. Chair’s prior announcement, further was a lady that came to me and I asked proceedings on this motion will be GENERAL LEAVE her, I said, what do you think we ought postponed. Ms. BORDALLO. Mr. Speaker, I ask to be doing about this energy issue unanimous consent that all Members that we’re dealing with? And she said, f may have 5 legislative days in which to Mr. WITTMAN, do you remember the revise and extend their remarks and in- movie Apollo 13? And I said, yes, I did. DOROTHY BUELL MEMORIAL clude extraneous material on the bill And she said, do you remember the VISITOR CENTER LEASE ACT under consideration. scene there where the oxygen tank on Ms. BORDALLO. Mr. Speaker, I move The SPEAKER pro tempore. Is there the outside of the service capsule blew to suspend the rules and pass the bill objection to the request of the gentle- up and the engineers there had to fig- (H.R. 1423) to authorize the Secretary woman from Guam? ure out how they were going to get of the Interior to lease a portion of a There was no objection. those astronauts back to Earth? So visitor center to be constructed outside Ms. BORDALLO. Mr. Speaker, H.R. they moved the astronauts into the the boundary of the Indiana Dunes Na- 1423 would allow the National Park command module, but the problem tional Lakeshore in Porter County, In- Service to share visitor center facili- with the command module is it didn’t diana, and for other purposes, as ties for the Indiana Dunes National have enough capacity to take CO2 out amended. Lakeshore with the Porter County In- of the air, so eventually the astronauts The Clerk read the title of the bill. diana Convention, Recreation and Vis- would be asphyxiated if they didn’t The text of the bill is as follows: itor Commission. come up with a solution to that prob- H.R. 1423 The bill also allows the National lem and still have enough oxygen to Be it enacted by the Senate and House of Rep- Park Service to construct exhibits at propel the spaceship back to Earth. resentatives of the United States of America in the visitor center and authorizes Na- So what did they do? They sent the Congress assembled, tional Park Service employees to work engineers to the duplicate capsule they

VerDate Aug 31 2005 01:51 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.016 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6188 CONGRESSIONAL RECORD — HOUSE July 8, 2008 had there at Mission Control in Hous- enhance the visitor experience. The Mr. WESTMORELAND. I thank my ton. And they sent them in there and measure also will provide funding to friend for yielding again. they said take everything out of there develop exhibits for the center. Mr. Speaker, I got the whip report that’s available to these astronauts Additionally, the bill will help us en- today and was looking over some of the and put it in a box. So those engineers hance the Indiana Dunes National bills that we’re going to be going over put those materials in a box and they Lakeshore in the most affordable fash- today and this week. And I felt like, brought it downstairs to Mission Con- ion possible. It will permit, but not re- Mr. Speaker, it might be good just to trol and they laid those pieces out on quire, the Secretary of the Interior to remind our colleagues maybe of what the table. And they told those engi- accept donations of lands located out- all we’re going to be doing this week so neers, solve the problem, make sure we side the present boundaries of the they can get their staffs down and start get those astronauts back here. Come Lakeshore if they are contiguous with looking at this real hard. the park or separated by only a right- up with a CO2 scrubber that gets that I was hoping that we might be talk- of-way. At present, the Secretary of CO2 out of the air so those astronauts ing about some ways to improve our can survive and get back to Earth. And the Interior cannot accept such dona- energy management because what has lo and behold, those engineers did just tions. This provision makes a minor happened so far on this House floor by that. But they weren’t crippled by say- technical correction that has no finan- the majority has simply not worked. ing, well, you can only use this in the cial impact, and will allow this natural We voted, I guess, almost 6 weeks ago box and that in the box. They were treasure to expand by the generosity of now, to stop sending oil into the Stra- there to use everything. those wishing to enhance the Lake- tegic Petroleum Reserve, and so thus Folks, if we’re going to be successful shore. It is my sincere hope that this far I believe, today is July 8; so at in this effort for our comprehensive en- legislation will continue our efforts to 70,000 barrels of oil a day, that’s over ergy policy, we need to make sure that protect and enhance the Lakeshore, half a million barrels of oil that we we use everything. And that includes and to ensure that all Americans can have kept from our Strategic Petro- looking at the energy that we have benefit from the park. leum Reserve, and yet gas is at a new available here in the United States, The Indiana Dunes National Lake- record of $4.11 a gallon. So that’s not being aggressive with conservation, shore is an incredible natural treasure, working. being aggressive in developing alter- as was mentioned, comprised of about The energy bill that the majority native and renewable sources here. And 15,000 pristine acres along the southern passed in January of 2007, which we this country has shown to have the en- shore of Lake Michigan in the midst of called the ‘‘No Energy Policy,’’ has ac- gineering and ability and the willing- an urban environment. With its vast tually turned out to be a no energy pol- ness to get to work on these tough array of flora and fauna in northwest icy because gas has gone from $2.35 a Indiana, a short distance from down- issues and to solve them. Our history gallon to $4.11 a gallon. And light town Chicago, the Lakeshore receives has been wrought with just those ef- bulbs, or the CFLs, was mentioned over over 3 million visitors from that urban forts to make sure that we solve these 350 times in that bill, and we have now area each year. learned that you can’t dispose of those problems. The Indiana Dunes National Lake- The American people are looking at things because of the mercury in them, shore owes a great deal of gratitude to us now to make sure that we solve this and they are only produced in China. Dorothy Buell, who was instrumental problem. And they don’t want us to So we have got a long way to go on in its establishment and development. take anything out of that Apollo 13 box correcting our energy situation in this Buell devoted much of her life to sav- Congress, and for some reason the ma- to solve this problem. They expect us ing the dunes. In 1952, she founded the to put everything there and to make jority just keeps turning its head. Save the Dunes Council to obtain But I just felt like for some of our sure that we come up with a solution dunes land and to give it to the Na- to this, and I believe that this country colleagues that are listening today tional State Park so that the unique they might know that we have already can do that. habitat could be preserved and enjoyed Mr. Speaker, I reserve the balance of heard today that we amended High by the general public. Seas Driftnet Fishing Moratorium Pro- my time. In 1992, Buell’s extraordinary con- tection Act. We’re going to get a Ms. BORDALLO. Mr. Speaker, I yield tributions to the dunes were recognized chance to vote today to authorize the such time as he may consume to the when the Indiana Dunes National Preserve America Program and Save gentleman from Indiana, the bill’s Lakeshore Access and Enhancement America’s Treasures. We are now au- sponsor, Mr. VISCLOSKY. Act was signed into law, thereby nam- Mr. VISCLOSKY. I want to thank the thorizing the Secretary of Interior to ing the park’s visitor center for her gentlelady. lease a portion of the visitor center to and commemorating her vision, dedica- Mr. Speaker, I rise today in strong be constructed outside the boundary of tion and work. support of H.R. 1423, the Dorothy Buell the Indiana Dunes National Lakeshore Memorial Visitor Center Lease Act, as b 1500 in Porter County, Indiana. I know amended. I am proud to sponsor this The Dorothy Buell Memorial Visitor that’s a big one. You all need to be legislation, and I thank Mr. DONNELLY Center is an excellent facility for pro- looking at that, Mr. Speaker. for joining me as a cosponsor. viding environmental education pro- Number four, to amend the Dayton I also do want to thank Chairman grams and recreational activities. Visi- Aviation Heritage Preservation Act of RAHALL and Ranking Member DON tors can enjoy displays and exhibits. 1992 to add sites to the Dayton Avia- YOUNG, the chairman of the sub- I am very proud of the continued in- tion Heritage National Park, and I committee, as well as the ranking vestment in the Indiana Dunes Na- know that’s an important piece of leg- member, and especially the exceptional tional Lakeshore by the National Park islation. We’re also going to do the staff of the subcommittee and the full Service staff, our local communities, Maritime Pollution Prevention Act. committee of Natural Resources for and Lakeshore volunteers in Indiana’s And we’re going to name three post of- their consideration and good work on First Congressional District. They seek fices today. this measure. to preserve, protect, and restore the Now, tomorrow we are going to get This measure will grant the Sec- Lakeshore and surrounding resources into the real meat of some of this stuff. retary of the Interior the authority to for an enhanced quality of life. We’ve got 12 more suspensions, which enter into a Memorandum of Under- Mr. Speaker, I want to again thank are bills that really just come to the standing to establish a joint partner- the members and the leaders of the floor with about 20 minutes of debate, ship with Porter County. This partner- committee and subcommittee as well I believe, on either side, no amend- ship will allow the National Park Serv- as the staff, and I ask my colleagues to ments, not structured to any rule. We ice and the Porter County Convention, support the measure. are going to look at the Pension Pro- Recreation and Visitor Commission to Mr. WITTMAN of Virginia. Mr. tection Technical Corrections Act, and develop a plan to maximize the effi- Speaker, I yield such time as he may I know, Mr. Speaker, these people at ciency of the Visitor Center at the In- consume to the gentleman from Geor- home will be glad to know that we’re diana Dunes National Lakeshore and gia (Mr. WESTMORELAND). doing that. And then we have got to

VerDate Aug 31 2005 01:51 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.018 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6189 honor the goal of the International So I would again say the blame game DAYTON AVIATION HERITAGE NA- Year of Astronomy; celebrating the is not working and we should truly sit TIONAL HISTORICAL PARK EX- 25th anniversary of the first American down and get serious, dispense with the PANSION woman in space, Dr. Sally Ride; the rhetoric, and address the issues facing Ms. BORDALLO. Mr. Speaker, I move Federal Ocean Acidification Research the American people. to suspend the rules and pass the bill and Monitoring Act; commemorating Mr. Speaker, I reserve the balance of (H.R. 4199) to amend the Dayton Avia- the 25th anniversary of the Space my time. tion Heritage Preservation Act of 1992 Foundation; commemorating the 50th to add sites to the Dayton Aviation anniversary of the National Aero- Mr. WITTMAN of Virginia. Mr. Speaker, I yield such time as he may Heritage National Historical Park, and nautics and Space Administration; for other purposes, as amended. Homes For Heroes Act; America’s consume to the gentleman from Geor- gia (Mr. WESTMORELAND). The Clerk read the title of the bill. Beautiful National Parks Quarter Dol- The text of the bill is as follows: Mr. WESTMORELAND. I want to lar Coin Act; Community Building H.R. 4199 Code Amendment Grant Act; Lead-Safe thank my colleague for yielding to me. Be it enacted by the Senate and House of Rep- Housing for Kids; and Money Services Just to my good friend from Guam, I resentatives of the United States of America in Business Act. don’t have a problem with what you Congress assembled, And then we have got one real bill said because it sounds like we have had TITLE I—ADDITIONAL AREAS INCLUDED that’s going to be subject to a rule, Mr. a bite of the apple, the new majority IN DAYTON AVIATION HERITAGE NA- Speaker: the Washington-Rochambeau has had a bite of the apple. People have TIONAL HISTORICAL PARK Revolutionary Route National Historic seen their gas prices continue to go up. SEC. 101. ADDITIONAL AREAS INCLUDED IN PARK. Trail Designation Act. So any Members So why not come up with a bill that we Section 101 of the Dayton Aviation Heritage listening to this might want to get could put on the floor, to have an open Preservation Act of 1992 (16 U.S.C. 410ww, et their amendments ready for that, and I rule, because there is nothing more im- seq.) is amended by adding at the end the fol- don’t know if we can amend that to portant in this country right now, not lowing: ‘‘(c) ADDITIONAL SITES.—In addition to the talk about energy. just because the price of gasoline is But, Mr. Speaker, I just thought it sites described in subsection (b), the park shall $4.11 a gallon. This is a national secu- was important that we discuss here consist of the following sites, as generally de- rity issue. We are writing Hugo Chavez among ourselves what we are doing in picted on a map titled ‘Dayton Aviation Herit- a check to the Venezuelans for $170 age National Historical Park’, numbered 362/ this Congress this week. People are million a day. This is a national secu- 80,013 and dated May 2008: paying $4.11 a gallon for gas at the rity issue. This is an economic issue ‘‘(1) Hawthorn Hill, Oakwood, Ohio. pump. People are having to make deci- that we are talking about. This is af- ‘‘(2) The Wright Company factory and associ- sions about whether they can go to ated land and buildings, Dayton, Ohio.’’. fecting our stock market. This is af- work or go visit a loved one in a hos- SEC. 102. PROTECTION OF HISTORIC PROP- fecting our gross national product. pital. We need to be discussing our en- ERTIES. ergy crisis because this is not some- This is affecting a loaf of bread. This is Section 102 of the Dayton Aviation Heritage thing that just happened. affecting a gallon of milk. This is Preservation Act of 1992 (16 U.S.C. 410ww-1) is And, look, we are not innocent in something we need to be talking about. amended— So I’m glad to hear that you’ve taken (1) in subsection (a), by inserting ‘‘Hawthorn this. We had 12 years. We could have Hill, the Wright Company factory,’’ after ‘‘, ac- led the charge. But I remember back in notice that our plan of 2005 has not quire’’; April of 2006, then minority leader, now been totally successful because it has (2) in subsection (b), by striking ‘‘Such agree- Speaker NANCY PELOSI, said, ‘‘Elect us. not been totally implemented yet. But ments’’ and inserting: The Democrats have a commonsense I am more than willing to have a dis- ‘‘(d) CONDITIONS.—Cooperative agreements plan for lowering the skyrocketing cussion on this floor, open rule, energy under this section’’; price of gasoline.’’ package. Let’s write one. Let’s let it go (3) by inserting before subsection (d) (as added Please bring out that plan, Mr. through regular order. Let’s let it have by paragraph 2) the following: ‘‘(c) COOPERATIVE AGREEMENTS.—The Sec- Speaker. Bring out that commonsense amendments. Let’s let it have discus- retary is authorized to enter into a cooperative plan so that we can see what can lower sion. And I think if we could do that, agreement with a partner or partners, including the skyrocketing prices because since then we maybe could come up with the Wright Family Foundation, to operate and that plan has not been revealed, gas something that could succeed. provide programming for Hawthorn Hill and has gone from $2.35 to $4.11. Mr. WITTMAN of Virginia. Mr. charge reasonable fees notwithstanding any So while we are talking about all other provision of law, which may be used to de- Speaker, I yield back the balance of these important things today, and I fray the costs of park operation and program- my time. know the American people are sitting ming.’’; and on the edge of their seat to see if these Ms. BORDALLO. Mr. Speaker, I (4) by striking ‘‘Commission’’ and inserting ‘‘Aviation Heritage Foundation’’. things pass or not because of the effect again urge my colleagues, all of the it’s going to have on their lives, I think Members of Congress, to support this TITLE II—WRIGHT BROTHERS-DUNBAR very important piece of legislation. NATIONAL HISTORICAL PARK DESIGNA- if they could honestly have a good, bi- TION partisan debate with an open rule, a Mr. Speaker, I yield back the balance SEC. 201. REDESIGNATION OF DAYTON AVIATION good energy bill that all the people of my time. HERITAGE NATIONAL HISTORICAL could come that represent the people The SPEAKER pro tempore. The PARK. all over this country to come in and question is on the motion offered by (a) REDESIGNATION.—The Dayton Aviation Heritage Preservation Act of 1992, is amended— discuss what we can do to give them re- the gentlewoman from Guam (Ms. lief at the pump. (1) by striking ‘‘Dayton Aviation Heritage Na- BORDALLO) that the House suspend the Ms. BORDALLO. Mr. Speaker, I yield tional Historical Park’’ each place it appears rules and pass the bill, H.R. 1423, as myself such time as I may consume. and inserting ‘‘Wright Brothers-Dunbar Na- First and foremost, I would like to amended. tional Historical Park’’; The question was taken. (2) by redesignating subsection (b) of section remind my colleagues across the aisle 108 as subsection (c); and that I feel that all legislation that is The SPEAKER pro tempore. In the (3) by inserting after subsection (a) of section heard in the U.S. Congress is important opinion of the Chair, two-thirds being 108 the following new subsection: legislation. I want to go on record say- in the affirmative, the ayes have it. ‘‘(b) GRANT ASSISTANCE.—The Secretary is authorized to make grants to the parks’ partners, ing that. Mr. BROUN of Georgia. Mr. Speaker, And I would remind my colleagues on including the Aviation Trail, Inc., the Ohio His- on that I demand the yeas and nays. the other side of the aisle that in 2005, torical Society, and Dayton History, for projects just 3 years ago, 2005, when you were in The yeas and nays were ordered. not requiring Federal involvement other than the majority, you passed an energy bill The SPEAKER pro tempore. Pursu- providing financial assistance, subject to the availability of appropriations in advance identi- that you claimed would produce Amer- ant to clause 8 of rule XX and the fying the specific partner grantee and the spe- ica’s energy independence. It did not Chair’s prior announcement, further cific project. Projects funded through these work, did it? What were gas prices then proceedings on this motion will be grants shall be limited to construction and de- in 2005, and what are they today? postponed. velopment on non-Federal property within the

VerDate Aug 31 2005 01:51 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4634 Sfmt 6333 E:\CR\FM\K08JY7.020 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6190 CONGRESSIONAL RECORD — HOUSE July 8, 2008 boundaries of the park. Any project funded by gentleman from Ohio (Mr. TURNER), au- great-grandniece of the Wright broth- such a grant shall support the purposes of the thor of the bill. ers, testified before the Resources Sub- park, shall be consistent with the park’s general b 1515 committee on National Parks earlier management plan, and shall enhance public use this year, discussing the Wright’s in- and enjoyment of the park.’’. Mr. TURNER. I speak today in favor credible history and the importance of (b) REFERENCES.—Any reference in any law of H.R. 4199, which will add two impor- (other than this title), map, regulation, docu- Hawthorn Hill to the Wright’s story. ment, record, or other official paper of the tant historic sites into the Dayton Mr. Speaker, the addition of these United States to the ‘‘Dayton Aviation Heritage Aviation Heritage National Park. I sites to the existing park is critical to National Historical Park’’ shall be considered to want to thank Natural Resources the park’s purpose, which was outlined be a reference to the ‘‘Wright Brothers-Dunbar Chairman RAHALL and Ranking Mem- in the Dayton Aviation Heritage Pres- National Historical Park’’. ber YOUNG, as well as Subcommittee ervation Act of 1992. The purpose is ‘‘to SEC. 202. NATIONAL AVIATION HERITAGE AREA. Chairman GRIJALVA and Ranking Mem- create partnerships among Federal, Title V of division J of the Consolidated Ap- ber BISHOP for ushering this bill State and local governments and the propriations Act, 2005 (16 U.S.C. 461 note; Public through the Resources Committee Law 108–447), is amended— private sector to preserve, enhance, (1) in section 503(3), by striking ‘‘104’’ and in- process, as well as bringing it to the and interpret for the present and fu- serting ‘‘504’’; floor today. I also want to thank the ture generations the historic and cul- (2) in section 503(4), by striking ‘‘106’’ and in- members of the Ohio delegation, many tural structures, districts, and arti- serting ‘‘506’’; of whom have cosponsored this legisla- facts in Dayton and the Miami Valley (3) in section 504, by striking subsection (b)(2) tion. in the State of Ohio associated with and by redesignating subsection (b)(3) as sub- Mr. Chairman, Ohio is the birthplace the Wright brothers, the invention and section (b)(2); and of aviation, and Dayton is the home of (4) in section 505(b)(1), by striking ‘‘106’’ and the development of aviation, or the life inserting ‘‘506’’. Orville and Wilbur Wright, the two and works of Paul Laurence Dunbar.’’ men that invented the airplane. Some The SPEAKER pro tempore. Pursu- Put plainly, the addition of these sites consider their invention to be the most ant to the rule, the gentlewoman from completes the Wright’s story at the important innovation in modern his- Guam (Ms. BORDALLO) and the gen- park. tory. When the Wright brothers took tleman from Virginia (Mr. WITTMAN) Mr. Speaker, adding these sites to flight in Kitty Hawk, North Carolina, each will control 20 minutes. the national park enjoys a wide range The Chair recognizes the gentle- our world became connected in a dra- of support from both local and national woman from Guam. matic way, transforming travel, com- organizations, including the City of merce, and communication. GENERAL LEAVE Dayton; Montgomery County; the Dayton is also the home of Paul Lau- Ms. BORDALLO. Mr. Speaker, I ask State of Ohio; the Wright family; the rence Dunbar. Dunbar was a classmate unanimous consent that all Members Dayton Area Chamber of Commerce; of Orville Wright, and was a contem- may have 5 legislative days in which to the Dayton Development Coalition; the porary of the Wrights. Throughout his revise and extend their remarks and in- Ohio Historical Society; the Dayton life, he was known as the poet laureate clude extraneous material on the bill Historical Society; Sinclair Commu- of African Americans, and achieved na- under consideration. nity College; The University of Dayton; The SPEAKER pro tempore. Is there tional success after his second collec- the Dayton Foundation, the National objection to the request of the gentle- tion of poems was reviewed in Harper’s Cash Register Corporation; the Delphi woman from Guam? Weekly in 1896. Corporation; the National Conference There was no objection. The Dayton Aviation Heritage Na- of State Historic Preservation Officers; Ms. BORDALLO. Mr. Speaker, I yield tional Historic Park is a celebration of and the National Trust for Historic myself such time as I may consume. the legacies of the Wright brothers, as Preservation. H.R. 4199 adds two sites to the Day- well as Paul Laurence Dunbar. Cur- H.R. 4199 also includes the exact lan- ton Aviation Heritage National Histor- rently, many people enjoy our National guage from H.R. 4191, which passed the ical Park. The bill also renames the Historic Park. The park includes the House by a voice vote earlier this year. park as the Wright Brothers-Dunbar Wright’s Cycle Shop, the Wright Flyer This language would change the name National Historical Park. Airplane, and the Huffman Prairie, of the Dayton Aviation National His- Mr. Speaker, the Dayton Aviation where the Wrights perfected fixed-wing toric Park to the Wright Brothers-Dun- Heritage National Historical Park was flight, among other sites. bar National Historic Park. established to preserve sites associated However, the Wright’s history within Changing the name of the park has with Wilbur and Orville Wright and the the park remains incomplete. Cur- been the result of a community-wide early history of aviation. The park also rently, the Wright Company factory process, led by Federal Judge Walter honors the life and work of African buildings and their home, Hawthorn Rice and the Dayton Aviation Heritage American poet Paul Laurence Dunbar, Hill, are not included among the sites Commission. I want to thank Judge a business associate and a friend of at the park. That is why I have intro- Walter Rice and the other commis- Orville Wright. duced H.R. 4199, which will complete sioners for their time and dedication to H.R. 4199 would add Hawthorn Hill, the Wright’s story told at the park, by making the name of our park a fitting the mansion designed by the Wright adding these two critical sites. salute to those for whom it is a tribute. Brothers, and the Wright Company fac- The Wright Company factory build- It is clear that this bill is an impor- tory to the park. The factory, com- ings in west Dayton are the first Amer- tant priority to the Dayton region. It pleted in 1910, is the site of the first ican facilities specifically designed and is also important to the Paul Laurence American facilities specifically de- built for the manufacture of airplanes. Dunbar and the Wright brothers’ leg- signed and built for the manufacture of These buildings had a production capa- acy. airplanes. bility that was greater than any other Mr. Speaker, I want to thank you Mr. Speaker, I ask my colleagues to airplane manufacturing facility at the again for this opportunity, and I urge support passage of this measure. time. my colleagues to support H.R. 4199. Mr. Speaker, I reserve the balance of The Wright Company operated at the Ms. BORDALLO. I yield such time as my time. site from 1910 to 1916, and produced 13 he may consume to my colleague from Mr. WITTMAN of Virginia. Mr. different models of airplanes. This site North Carolina (Mr. MILLER). Speaker, H.R. 4199 has been adequately is currently owned and controlled by Mr. MILLER of North Carolina. I explained by the majority, and I would the Delphi Corporation, who will oper- want to applaud Mr. TURNER for buck- like to thank Congressman TURNER ate at this site until later this year. ing his party in introducing a bill on from Ohio for his diligent work to ad- Hawthorn Hill was designed by Wil- something other than gas prices. I have vance this legislation on behalf of his bur and Orville Wright and was the frequently worked with Mr. TURNER on constituents and for the benefit of park home of the Wright family until 1948. historic preservation issues. It has visitors around the country. This historic architectural landmark never been difficult to work across par- At this time, Mr. Speaker, I yield tells the story of the Wright brothers tisan lines. But rising to support this such time as he may consume to the as inventors. Amanda Wright-Lane, the bill is somewhat more difficult for me.

VerDate Aug 31 2005 01:51 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.010 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6191 Mr. TURNER described Dayton, Ohio, Valley counties and the Dayton Aviation Herit- (2) by inserting before paragraph (2) (as so reas the birthplace of aviation in his re- age National Historical Park as part of a Na- designated) the following: marks a minute ago. Mr. Speaker, that tional Aviation Heritage Area. Today, I com- ‘‘(1) ‘Administrator’ means the Administrator is stretching the truth a bit. But after of the Environmental Protection Agency;’’; mend my colleague, Congressman MIKE (3) in paragraph (5) (as so redesignated) by sitting on the floor for about an hour TURNER, for his leadership in sponsoring this striking ‘‘and V’’ and inserting ‘‘V, and VI’’; and hearing our energy problems bill to add two additional sites to the aviation (4) in paragraph (6) (as so redesignated) by blamed on environmentalists, not the park. striking ‘‘ ‘discharge’ and ‘garbage’ and ‘harm- fact that ExxonMobil made $40 billion Specifically, H.R. 4199 will add Hawthorne ful substance’ and ‘incident’’’ and inserting in profits in the fourth quarter of 2007, Hill, which was Orville Wright’s home in Oak- ‘‘ ‘discharge’, ‘emission’, ‘garbage’, ‘harmful it seems like a fairly minor stretching wood, and several Wright Factory buildings in substance’, and ‘incident’’’; and of the truth. Dayton, where the brothers conducted re- (5) by redesignating paragraphs (7) through As every school child in America search and testing. These sites would be part (13) (as redesignated) as paragraphs (8) through (14), respectively, and inserting after paragraph knows, with the exception of school of the Dayton Aviation Heritage National His- (6) (as redesignated) the following: children in Dayton, Ohio, the first pow- torical Park, which already includes such his- ‘‘(7) ‘navigable waters’ includes the territorial ered flight was in Kitty Hawk, North toric sites as: Huffman Prairie Flying Field, the sea of the United States (as defined in Presi- Carolina, in December, 1903, or at least Wright Cycle Company Complex, and the Paul dential Proclamation 5928 of December 27, 1988) it was the first photographed, the first Laurence Dunbar House. Together, these and the internal waters of the United States;’’. documented powered flight. There is sites are an important part to nation’s history, SEC. 4. APPLICABILITY. still some dispute about where the ac- and Ohio’s cultural heritage. Section 3 (33 U.S.C. 1902) is amended— tual first powered flight was. But the Again, I commend Congressman TURNER for (1) in subsection (a)— photograph of the Wright brothers his leadership to preserve and promote Ohio’s (A) by striking ‘‘and’’ at the end of paragraph plane above the dunes, just a few feet aviation heritage with this legislation, and I (3); (B) by striking the period at the end of para- above the dunes at Kitty Hawk, was urge my colleagues to join me in supporting graph (4) and inserting ‘‘; and’’; and probably the most important photo- H.R. 4419. (C) by adding at the end the following: graph in history to that point, and re- Mr. WITTMAN of Virginia. Mr. ‘‘(5) with respect to Annex VI to the Conven- mains one of the most famous photo- Speaker, I yield back the balance of tion, and other than with respect to a ship re- graphs in all of history. That photo- my time. ferred to in paragraph (1)— graph, Mr. Speaker, was taken by a Ms. BORDALLO. Mr. Speaker, I ‘‘(A) to a ship that is in a port, shipyard, off- North Carolinian. again urge Members to support this im- shore terminal, or the internal waters of the After that first flight, which lasted portant piece of legislation, and I yield United States; just 12 seconds, and even with the soft back the balance of my time. ‘‘(B) to a ship that is bound for, or departing The SPEAKER pro tempore. The from, a port, shipyard, offshore terminal, or the sands of Kitty Hawk to land in, the internal waters of the United States, and is in— landing almost destroyed or badly question is on the motion offered by ‘‘(i) the navigable waters or the exclusive eco- damaged the balsa wood plane. the gentlewoman from Guam (Ms. nomic zone of the United States; Progress was very rapid. Within just a BORDALLO) that the House suspend the ‘‘(ii) an emission control area designated pur- decade, the airplane proved to be a rules and pass the bill, H.R. 4199, as suant to section 4; or very effective weapon of war in the amended. ‘‘(iii) any other area that the Administrator, First World War, and in another dec- The question was taken. in consultation with the Secretary and each ade, just another decade after that, The SPEAKER pro tempore. In the State in which any part of the area is located, opinion of the Chair, two-thirds being has designated by order as being an area from Charles Lindbergh flew the Atlantic which emissions from ships are of concern with alone. in the affirmative, the ayes have it. Ms. BORDALLO. Mr. Speaker, on respect to protection of public health, welfare, Mr. TURNER is correct, flight has or the environment; been an important transformational in- that I demand the yeas and nays. ‘‘(C) to a ship that is entitled to fly the flag vention in human history. We are now The yeas and nays were ordered. of, or operating under the authority of, a party a connected world, largely because of The SPEAKER pro tempore. Pursu- to Annex VI, and is in— flight. The Wright brothers and Day- ant to clause 8 of rule XX and the ‘‘(i) the navigable waters or the exclusive eco- ton, Ohio, did have a role in that, Mr. Chair’s prior announcement, further nomic zone of the United States; Speaker. So I do rise to support adding proceedings on this motion will be ‘‘(ii) an emission control area designated postponed. under section 4; or Hawthorn Hill, the Wright family ‘‘(iii) any other area that the Administrator, home, and the Wright Airplane Factory f in consultation with the Secretary and each to the national park in Dayton, Ohio MARITIME POLLUTION State in which any part of the area is located, highly. PREVENTION ACT OF 2008 has designated by order as being an area from I do this, taking the lead of my par- which emissions from ships are of concern with Mr. OBERSTAR. Mr. Speaker, I move ty’s nominee for President, who has respect to protection of public health, welfare, to suspend the rules and concur in the urged that we put aside all the old ani- or the environment; and Senate amendment to the bill (H.R. mosities, that we reach across all divi- ‘‘(D) to any other ship, to the extent that, and 802) to amend the Act to Prevent Pollu- in the same manner as, such ship may be sions of society. In that spirit, Mr. tion from ships to implement MARPOL boarded by the Secretary to implement or en- Speaker, I rise in support of this bill. Annex VI. force any other law of the United States or Mr. HOBSON. Mr. Speaker, I rise today in The Clerk read the title of the bill. Annex I, II, or V of the Convention, and is in— support of H.R. 4199, which would expand the The text of the Senate amendment is ‘‘(i) the exclusive economic zone of the United Dayton Aviation Heritage National Historical as follows: States; Park to include additional sites associated with ‘‘(ii) the navigable waters of the United Senate amendment: the lives and work of Wilbur and Orville States; Strike out all after the enacting clause and ‘‘(iii) an emission control area designated Wright. insert: Few technological advances have trans- under section 4; or SECTION 1. SHORT TITLE. ‘‘(iv) any other area that the Administrator, formed the world or our nation’s economy, so- This Act may be cited as the ‘‘Maritime Pollu- in consultation with the Secretary and each ciety, culture, and national character as the tion Prevention Act of 2008’’. State in which any part of the area is located, development of powered flight. Therefore, it is SEC. 2. REFERENCES. has designated by order as being an area from important to preserve the historical sites asso- Wherever in this Act an amendment or repeal which emissions from ships are of concern with ciated the Wright brothers’ achievements in is expressed in terms of an amendment to or a respect to protection of public health, welfare, the field of aviation. That is what this bill will repeal of a section or other provision, the ref- or the environment.’’; do. erence shall be considered to be made to a sec- (2) in subsection (b)— Over the years, the Ohio congregational del- tion or other provision of the Act to Prevent Pol- (A) in paragraph (1) by striking ‘‘paragraph lution from Ships (33 U.S.C. 1901 et seq.). (2),’’ and inserting ‘‘paragraphs (2) and (3),’’; egation has worked together to preserve and SEC. 3. DEFINITIONS. and promote Ohio’s rich aviation history. A few Section 2(a) (33 U.S.C. 1901(a)) is amended— (B) by adding at the end the following: years ago, I, along with Congressman Tony (1) by redesignating the paragraphs (1) ‘‘(3) With respect to Annex VI the Adminis- Hall, had the privilege of introducing the bill through (12) as paragraphs (2) through (13), re- trator, or the Secretary, as relevant to their au- that later became law to designate eight Miami spectively; thorities pursuant to this Act, may determine

VerDate Aug 31 2005 01:51 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4634 Sfmt 6333 E:\CR\FM\K08JY7.025 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6192 CONGRESSIONAL RECORD — HOUSE July 8, 2008 that some or all of the requirements under this (1) in subsection (a) by striking ‘‘The Sec- (B) in paragraph (2), by inserting ‘‘, or the Act shall apply to one or more classes of public retary’’ and inserting ‘‘Except as provided in Administrator as provided for in this Act,’’ after vessels, except that such a determination by the section 4(b)(1), the Secretary’’; ‘‘Secretary’’; and Administrator shall have no effect unless the (2) in subsection (b) by striking ‘‘Secretary (C) in the matter after paragraph (2)— head of the Department or agency under which under the authority of the MARPOL protocol.’’ (i) by inserting ‘‘or the Administrator as pro- the vessels operate concurs in the determination. and inserting ‘‘Secretary or the Administrator vided for in this Act’’ after ‘‘Secretary,’’ the This paragraph does not apply during time of under the authority of this Act.’’; and first place it appears; and war or during a declared national emergency.’’; (3) in subsection (e) by striking ‘‘environ- (ii) by inserting ‘‘, or the Administrator as (3) by redesignating subsections (c) through ment.’’ and inserting ‘‘environment or the public provided for in this Act,’’ after ‘‘Secretary’’ the (g) as subsections (d) through (h), respectively, health and welfare.’’. second and third places it appears; and inserting after subsection (b) the following: SEC. 7. RECEPTION FACILITIES. (3) in subsection (c), by inserting ‘‘, or the Ad- ‘‘(c) APPLICATION TO OTHER PERSONS.—This Section 6 (33 U.S.C. 1905) is amended— ministrator as provided for in this Act,’’ after Act shall apply to all persons to the extent nec- (1) in subsection (a) by adding at the end the ‘‘Secretary’’ each place it appears; and essary to ensure compliance with Annex VI to following: (4) in subsection (f), by inserting ‘‘or the Ad- the Convention.’’; ‘‘(3) The Secretary and the Administrator, ministrator as provided for in this Act’’ after (4) in subsection (e), as redesignated— after consulting with appropriate Federal agen- ‘‘Secretary,’’ the first place appears. cies, shall jointly prescribe regulations setting (A) by inserting ‘‘or the Administrator, con- SEC. 11. EFFECT ON OTHER LAWS. criteria for determining the adequacy of recep- sistent with section 4 of this Act,’’ after ‘‘Sec- Section 15 (33 U.S.C. 1911) is amended to read tion facilities for receiving ozone depleting sub- retary’’; as follows: (B) by striking ‘‘of section (3),’’ and inserting stances, equipment containing such substances, ‘‘SEC. 15. EFFECT ON OTHER LAWS. ‘‘of this section,’’; and and exhaust gas cleaning residues at a port or ‘‘Authorities, requirements, and remedies of (C) by striking ‘‘Protocol, including regula- terminal, and stating any additional measures this Act supplement and neither amend nor re- tions conforming to and giving effect to the re- and requirements as are appropriate to ensure peal any other authorities, requirements, or quirements of Annex V’’ and inserting ‘‘Protocol such adequacy. Persons in charge of ports and remedies conferred by any other provision of (or the applicable Annex), including regulations terminals shall provide reception facilities, or law. Nothing in this Act shall limit, deny, conforming to and giving effect to the require- ensure that reception facilities are available, in amend, modify, or repeal any other authority, ments of Annex V and Annex VI’’; and accordance with those regulations. The Sec- (5) by adding at the end thereof the following: retary and the Administrator may jointly pre- requirement, or remedy available to the United ‘‘(i) SAVINGS CLAUSE.—Nothing in this section scribe regulations to certify, and may issue cer- States or any other person, except as expressly shall be construed to restrict in a manner incon- tificates to the effect, that a port’s or terminal’s provided in this Act.’’. sistent with international law navigational facilities for receiving ozone depleting sub- SEC. 12. LEGAL ACTIONS. rights and freedoms as defined by United States stances, equipment containing such substances, Section 11 (33 U.S.C. 1910) is amended— law, treaty, convention, or customary inter- and exhaust gas cleaning residues from ships (1) by redesignating paragraph (3) of sub- national law.’’. are adequate.’’; section (a) as paragraph (4), and inserting after SEC. 5. ADMINISTRATION AND ENFORCEMENT. (2) in subsection (b) by inserting ‘‘or the Ad- paragraph (2) the following: Section 4 (33 U.S.C. 1903) is amended— ministrator’’ after ‘‘Secretary’’; ‘‘(3) against the Administrator where there is (1) by redesignating subsections (b) and (c) as (3) in subsection (e) by striking paragraph (2) alleged a failure of the Administrator to perform subsections (c) and (d), respectively, and insert- and inserting the following: any act or duty under this Act which is not dis- ‘‘(2) The Secretary may deny the entry of a ing after subsection (a) the following: cretionary; or’’; ship to a port or terminal required by the ‘‘(b) DUTY OF THE ADMINISTRATOR.—In addi- (2) by striking ‘‘concerned,’’ in subsection tion to other duties specified in this Act, the Ad- MARPOL Protocol, this Act, or regulations pre- (b)(1) and inserting ‘‘concerned or the Adminis- ministrator and the Secretary, respectively, scribed under this section relating to the provi- trator,’’; and shall have the following duties and authorities: sion of adequate reception facilities for garbage, (3) by inserting ‘‘or the Administrator’’ after ‘‘(1) The Administrator shall, and no other ozone depleting substances, equipment con- ‘‘Secretary’’ in subsection (b)(2). person may, issue Engine International Air Pol- taining those substances, or exhaust gas clean- The SPEAKER pro tempore. Pursu- lution Prevention certificates in accordance ing residues, if the port or terminal is not in compliance with the MARPOL Protocol, this ant to the rule, the gentleman from with Annex VI and the International Maritime Minnesota (Mr. OBERSTAR) and the gen- Organization’s Technical Code on Control of Act, or those regulations.’’; (4) in subsection (f)(1) by striking ‘‘Secretary tleman from Ohio (Mr. LATOURETTE) Emissions of Nitrogen Oxides from Marine Die- is’’ and inserting ‘‘Secretary and the Adminis- sel Engines, on behalf of the United States for each will control 20 minutes. trator are’’; and a vessel of the United States as that term is de- The Chair recognizes the gentleman (5) in subsection (f)(2) by striking ‘‘(A)’’. fined in section 116 of title 46, United States from Minnesota. SEC. 8. INSPECTIONS. Code. The issuance of Engine International Air GENERAL LEAVE Section 8(f) (33 U.S.C. 1907(f)) is amended to Pollution Prevention certificates shall be con- read as follows: Mr. OBERSTAR. Mr. Speaker, I ask sistent with any applicable requirements of the ‘‘(f)(1) The Secretary may inspect a ship to unanimous consent that all Members Clean Air Act or regulations prescribed under which this Act applies as provided under section may have 5 legislative days in which to that Act. 3(a)(5), to verify whether the ship is in compli- ‘‘(2) The Administrator shall have authority revise and extend their remarks and in- ance with Annex VI to the Convention and this to administer regulations 12, 13, 14, 15, 16, 17, 18, clude extraneous material on the bill, Act. H.R. 802. and 19 of Annex VI to the Convention. ‘‘(2) If an inspection under this subsection or ‘‘(3) The Administrator shall, only as specified any other information indicates that a violation The SPEAKER pro tempore. Is there in section 8(f), have authority to enforce Annex has occurred, the Secretary, or the Adminis- objection to the request of the gen- VI of the Convention.’’; trator in a matter referred by the Secretary, may tleman from Minnesota? (2) in subsection (c), as redesignated, by redes- undertake enforcement action under this sec- There was no objection. ignating paragraph (2) as paragraph (4), and tion. Mr. OBERSTAR. Mr. Speaker, I yield inserting after paragraph (1) the following: ‘‘(3) Notwithstanding subsection (b) and para- myself such time as I may consume. ‘‘(2) In addition to the authority the Secretary graph (2) of this subsection, the Administrator has to prescribe regulations under this Act, the I smile because it’s a delight to call shall have all of the authorities of the Sec- the gentleman Mr. Speaker. Administrator shall also prescribe any necessary retary, as specified in subsection (b) of this sec- or desired regulations to carry out the provi- tion, for the purposes of enforcing regulations 17 I rise in strong support of H.R. 802, as sions of regulations 12, 13, 14, 15, 16, 17, 18, and and 18 of Annex VI to the Convention to the ex- amended, the Maritime Pollution Pre- 19 of Annex VI to the Convention. tent that shoreside violations are the subject of vention Act of 2008. The gentleman ‘‘(3) In prescribing any regulations under this the action and in any other matter referred to from Maryland (Mr. CUMMINGS) and I section, the Secretary and the Administrator the Administrator by the Secretary.’’. shall consult with each other, and with respect introduced this legislation at the out- SEC. 9. AMENDMENTS TO THE PROTOCOL. to regulation 19, with the Secretary of the Inte- set of the 110th Congress to provide the Section 10(b) (33 U.S.C. 1909(b)) is amended— Coast Guard and the Environmental rior.’’; and (1) by striking ‘‘Annex I, II, or V’’ and insert- (3) by adding at the end of subsection (c), as ing ‘‘Annex I, II, V, or VI’’; and Protection Agency with the legal au- redesignated, the following: (2) by inserting ‘‘or the Administrator as pro- thority they need to implement Annex ‘‘(5) No standard issued by any person or Fed- vided for in this Act,’’ after ‘‘Secretary,’’. VI of the International Convention for eral authority, with respect to emissions from SEC. 10. PENALTIES. the Prevention of Pollution from tank vessels subject to regulation 15 of Annex VI Section 9 (33 U.S.C. 1908) is amended— Ships. to the Convention, shall be effective until 6 (1) by striking ‘‘Protocol,,’’ each place it ap- months after the required notification to the The House passed H.R. 802 on March pears and inserting ‘‘Protocol,’’; 26, 2007, by a vote of 359–48. Notwith- International Maritime Organization by the (2) in subsection (b)— Secretary.’’. (A) by inserting ‘‘or the Administrator as pro- standing that overwhelming vote of ap- SEC. 6. CERTIFICATES. vided for in this Act,’’ after ‘‘Secretary,’’ the proval, the bill languished in the place Section 5 (33 U.S.C. 1904) is amended— first place it appears; we affectionately call the other body

VerDate Aug 31 2005 01:51 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.008 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6193 for more than a year. But recently b 1530 to the gentleman from Ohio (Mr. they have passed, with minor changes, It is something that I witnessed my- LATOURETTE), ever the thoughtful, con- that legislation. With House passage self when I lived in Haiti and did snor- siderate, legal expert of the committee. today, the bill can go to the President keling and exploring of the coral reefs. I am grateful for his contribution. for consideration and for his signature. This was in the 1950s. You could see the Mr. Speaker, I reserve the balance of Global warming is a critical issue, dead reefs on the one side, and the vi- my time. not just for the United States, but for brant, growing coral reefs and the Mr. LATOURETTE. Mr. Speaker, I every Nation, for every person on the abundance of life on those coral reefs, yield myself such time as I may con- planet. The international maritime filtering out deleterious elements in sume. community has recognized their con- the ocean water. But on the other side, Mr. Speaker, I want to rise in sup- tribution to global warming and to the dead reef and a testament to the ef- port today of the Senate amendment to ocean pollution and have developed an fects of pollution in our waters. And H.R. 802, the Maritime Prevention Pol- international convention to address air that was 50 years ago. lution Act of 2008. I want to give credit pollutants from diesel ships. So the Senate amendments do not af- and pay tribute to the chairman of the For many years, the International fect the application of MARPOL VI to full committee, Mr. OBERSTAR, and the Maritime Organization of the United the thousands of vessels that enter our chairman of the subcommittee, Mr. Nations has been developing inter- ports. Their amendment clarifies that CUMMINGS of Maryland, for their dili- national standards to prevent pollution the United States can enforce gence in working this bill and working from ships that traverse the oceans. MARPOL VI on vessels that are reg- the will of the committee and today Those standards are now embodied in istered in countries which are not the will of the House. I join Mr. OBER- the International Convention for the party to the convention when those STAR in expressing my regret that the Prevention of Pollution from Ships of vessels are in our 200 mile economic other body has not acted in as prompt 1973. The U.S. has implemented these zone if the Coast Guard is on board of a fashion, and therefore we may be too environmental laws by enacting and the vessel to enforce other annexes to late with this legislation. Hopefully amending the legislation known as the the convention and to the extent that that isn’t the case. This type of legislation is exactly Act to Prevent Pollution from Ships, this enforcement does not violate what our committee should be about. and when I served on the Merchant Ma- international law. Those of us, as the current occupant of rine and Fisheries Committee, much of In addition, the Senate amendment the chair who hails from the Great whose jurisdiction has now been ab- clarifies that an individual, a person, Lakes region, as does the chairman of sorbed by the Committee on Transpor- may bring a civil action if the Admin- the full committee, know the great tation and Infrastructure, we worked istrator of EPA has failed to perform work that has gone into the restora- on early versions of those amendments any act or duty not discretionary tion of the Great Lakes over many, and environmental laws to implement under the act, and that is similar to many years. I am reminded as I lis- and amend the APPS. civil action that may be brought under other provisions of law on application tened to the chairman talk about the Annex VI of the Convention for Pre- of other annexes to the convention. action or inaction of the other body vention of Pollution from Ships limits The delay by the Senate, I regret, that Johnny Carson, before the res- the discharge of nitrogen oxides from may have near term unfortunate con- toration of Lake Erie in particular was large marine diesel engines; it governs sequences for the United States in the in full swing, used to joke that Lake the sulfur content of marine diesel IMO negotiations that will take place Erie was a place where fish went to die. fuel; prohibits the emission of ozone- this coming October to reduce emis- I think it is appropriate to say that at depleting substances; it regulates the sions from ships. Under the terms of this moment in time, the Senate, re- emission of volatile organic compounds the convention, only parties to the gardless of who is in charge, is a place in the transfer of cargoes between convention may vote on those reduc- where bills go to die. tankers and terminals. It sets stand- tion measures, and a nation is not This bill will implement inter- ards for shipboard incinerators and fuel party to the convention until 90 days national requirements to reduce air oil quality; and it establishes require- after its instruments of ratification emissions from ships for purposes of ments for platforms and drill rigs at have been deposited with the IMO. The U.S. law and will establish more strin- sea. Senate delay means we may not meet gent standards for the emissions of air- The Senate ratified this treaty by that deadline and the U.S. may not be borne pollutants from ships as well as unanimous consent in April, 2006. But able to vote to improve increased the sulfur content of fuel oil used in it doesn’t go into effect until we enact standards, even though delegates rep- United States waters. implementing legislation. The bill we resenting the United States chaired the As Members may remember, the consider today will implement Annex working group that met over many ses- House first passed this bill in March of VI of the convention. It will provide sions to negotiate these new, more rig- 2007, again thanks to the splendid lead- the Coast Guard and the Environ- orous standards. ership of Chairman OBERSTAR and mental Protection Agency the author- So, given the importance of com- Chairman CUMMINGS, with a broad bi- ity necessary to develop U.S. standards pleting action on this legislation, I partisan majority. Since that time, the and to enforce those standards on the asked our majority leader, Mr. HOYER, bill has languished in the other body, thousands of U.S. and foreign-flagged to schedule this bill as quickly as pos- to the point where we may well be pre- vessels that enter U.S. waters. sible immediately upon the House’s re- vented from voting on proposed amend- Recognizing the challenge that the turn to session today. I thank the ma- ments to the underlying convention at world faces in combating worldwide jority leader for his consideration, and the next meeting of the International climate change and global warming, we I am hopeful we get the bill to the Maritime Organization. As a result, have to take every measure possible to President’s desk without delay. our abilities to push for strengthened contain and then reduce rising tem- I would also like to take the oppor- measures have been significantly peratures on this planet, and particu- tunity to thank our chairman of the weakened. larly the oceans that are deep res- Subcommittee on Coast Guard and Nonetheless, this is important legis- ervoirs of oxygen but also reservoirs of Maritime Transportation, Mr. lation. I am pleased we will be sending carbon and of the acid that we are CUMMINGS, who has devoted a great it to the President as a first step to im- pouring into the atmosphere. And that deal of energy to the work of the sub- prove environmental conditions in our combination of absorbing heat, acid, committee and to this particular issue ports and along our coasts. I urge all and carbon is having deleterious effects in developing this legislation, and to Members to join me in supporting this on the Nation’s world coral reefs. the gentleman from Florida (Mr. MICA), legislation. There was a very enlightening program the ranking member of our committee, I reserve the balance of my time. on this devastation of the coral reefs for his cooperation and support in mov- Mr. OBERSTAR. Mr. Speaker, I yield on the Science Channel just the other ing the bill last year and expediting to- such time as he may consume to the evening. day’s action considering the bill, and Chair of the Coast Guard and Maritime

VerDate Aug 31 2005 01:51 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.027 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6194 CONGRESSIONAL RECORD — HOUSE July 8, 2008 Affairs Subcommittee, my good friend, moderate. As a result, the United adulation poured upon me at parades the very distinguished gentleman from States has been actively working with that he had in his district in Min- Maryland (Mr. CUMMINGS). our international partners to strength- nesota. There were some people that Mr. CUMMINGS. I want to thank en the annex’s emissions controls thought that $4.10 was a little bit much Chairman OBERSTAR for yielding and through the development of new to be paying at the pump. for his tremendous leadership of our amendments. Among other changes, But the message that I got pretty Transportation Committee and getting these proposed amendments which are loud and clear is that they want us to this bill to the floor and his cosponsor- now under consideration by the IMO resolve it. When you pull into the gas ship. I also want to thank Mr. would reduce allowable sulfur content station, there isn’t a Republican pump LATOURETTE for his leadership, and in fuel from the current 4.5 percent to and there isn’t a Democratic pump and certainly our ranking member of our 3.5 percent in 2012, and require subse- there isn’t an independent pump, there overall committee, Mr. MICA. quent reductions through 2020. is just gas that costs a lot of money At the beginning of the 110th Con- A vote is scheduled on these new today, and someone making $8 an hour gress, Mr. Speaker, Chairman OBER- amendments by the current parties to in Ohio for a $320 per week gross pay- STAR laid out an agenda for the Trans- Annex VI in October of this year. Criti- check is struggling, with $60, $70 filling portation and Infrastructure Com- cally, if the United States has not de- up the tank to go to and from work. mittee focusing on three critical objec- posited with IMO its instrument of There are a lot of opinions, and I will tives: Ensuring the safety and security ratification of Annex VI at least 3 get into those in just a second, but I of transportation and infrastructure; months prior to that vote, the United was reminded for the 12 years we were supporting expanded investment; and States will not be allowed to vote for in the majority I happened to be sup- combating global warming. the strengthened emission controls portive of something known as Davis- The measure before us today, the that we have worked to craft. Bacon, which is the Federal prevailing Maritime Pollution Prevention Act of Mr. Speaker, implementation of the wage law, and our committee is respon- 2008, H.R. 802, represents yet another United States MARPOL Annex VI of- sible for producing the Water Re- step towards the achievement of this fers us the first opportunity to limit sources Development Act. agenda, and I applaud Chairman OBER- emissions from ships. Further, by join- We were stymied for years in getting STAR for his focused leadership on one ing this treaty now, we ensure that the necessary water infrastructure projects of the most urgent transportation United States can continue to lead the out to our communities because of the issues confronting our Nation. effort to achieve additional reductions sort of Davis-Bacon problem, and that As the chairman of the Sub- in polluting emissions from oceangoing is the then majority leader believed committee on Coast Guard and Mari- vessels. that if it came to a vote on an amend- time Transportation, I rise in strong I urge my colleagues to adopt H.R. ment, at that time by one of our col- support of H.R. 802, which would insti- 802 today, and I urge the President to leagues who is not with us anymore, tute the legal changes needed to bring sign this measure as quickly as pos- Mrs. Kelly of New York, that that issue the United States into compliance with sible. would prevail, and much to the dismay Annex VI of the International Conven- Mr. LATOURETTE. Mr. Speaker, I of Members in the then majority party, tion for the Prevention of Pollution yield myself such time as I may con- who happened to be a majority of the From Ships, known as MARPOL. sume. majority but were a minority of the This legislation passed the House of Mr. Speaker, I know that it will House, if that vote were permitted to Representatives on March 26, 2007, by a come as a surprise to the Speaker that have taken place. That was a frus- vote of 359–48. The bill finally passed I spend just a couple of minutes talk- trating thing, and, sadly, I think we the Senate with a minor amendment at ing about energy today, and I want to find ourselves there again on this en- the end of last month, and that amend- talk about it in the context of our com- ergy question. ed bill now returns to the House for our mittee. consideration. I think the chairman of the full com- There are Members in this House who MARPOL is a treaty negotiated by mittee, Mr. OBERSTAR, can probably advocate additional exploration and the members of the International Mari- cite the statistic, but every year I have drilling in the United States, both on time Organization, the United Nations been here, and this is my 14th year in and offshore, in the West, in Alaska, off body responsible for developing the the United States Congress, the Trans- the east coast and the west coast. treaties that are essentially the sole portation and Infrastructure Com- There are some who say no. There are international regulations for ocean mittee, I think under both Republican some who advocate a replenishment shipping. and Democratic leadership, has distin- and an increased investment in renew- The MARPOL convention currently guished itself in the bipartisan and ef- able, wind and solar. The gentleman has six annexes limiting various forms ficient way in which we craft our legis- from Minnesota is an expert on photo- of pollution from ships. Annex VI was lation and actually get something voltaic electricity, and certainly he negotiated to control air pollution and done, when the other body is willing has passed legislation that would be has been in force internationally since and when the chief executive is willing supportive of increased research and 2005. With the enactment of H.R. 802, to sign it. development of that type of energy the United States would finally align I thought I heard before our July 4th generation. our Nation’s laws to comply with this recess Mr. OBERSTAR talk about the There are those who believe like the annex. Among other measures, Annex many numbers of bills that we have ac- French we should add nuclear power VI imposes limits on the sulfur content tually moved through the House, back into our portfolio. France, I be- of the fuel utilized by ships, limits the through the Senate, that have been lieve, generates about 80 percent of its emission of nitrogen oxides from ships’ signed into law, and it far exceeds a lot power through nuclear power. We engines, and prohibits the deliberate of the work that some of the other haven’t had a nuclear power program release of substances that deplete at- more contentious committees in this in this country for a number of years. mospheric ozone. body, by their nature, no criticism in- There are those in this House that ob- In the United States, ships are essen- tended, can compile, and I think it is in ject to that and don’t think that that tially the last major non-regulated direct correlation to and as a direct re- is a good idea as well. source of ozone depleting emissions and sult of the respect that we have for But the point is that I think that at they are a growing threat to the each other on both sides of the aisle on $4, $4.10, $4.11, we have reached the world’s air quality. In fact, some esti- that committee, and now the stern but price point where the American public, mates suggest that the emissions of fair leadership of the gentleman from who has to get up and buy food, send sulfur oxide from ships may now exceed Minnesota (Mr. OBERSTAR). their kids to school, pay their bills, the combined output from all the cars, That brings me to a frustration that pay their taxes and fill up their gas trucks and buses in the world. I found and encountered over the tanks, don’t really want to hear why Unfortunately, the missions stand- Fourth of July recess. I was talking to we disagree and what we can’t agree ards imposed by Annex VI are still very Mr. OBERSTAR. I didn’t quite have the on.

VerDate Aug 31 2005 01:51 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.029 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6195 b 1545 Mrs. CAPPS. Mr. Speaker, I rise in aligned in moving forward to reduce I think that they are looking for a strong support of H.R. 802, the Marine emissions from this very large source solution. And there are a lot of people Pollution Prevention Act of 2008. I also of air pollution. in both parties who are bellicose on echo the comments of the ranking Again, I want to thank the chairman this issue, and I don’t intend to do member in praise of the bipartisan na- for bringing this legislation to the that. But I think I would say that the ture of this legislation. I want to thank floor of the House today which means time to have this national debate is Chairman OBERSTAR and Mr. CUMMINGS so much to my constituents. I urge its now. We need to determine what direc- for their leadership in bringing this immediate passage. tion the country is going to go in. And very important bill to the floor of the The SPEAKER pro tempore. The gen- like most issues, the Democrats aren’t House. tleman from Minnesota (Mr. OBERSTAR) 100 percent correct, the Republicans H.R. 802 authorizes the EPA and the has 3 minutes remaining. The gen- aren’t 100 percent correct. But we are Coast Guard to issue enforcement regu- tleman from Ohio (Mr. LATOURETTE) expected to be the leaders of the Na- lations for the MARPOL Treaty Annex has 13 minutes remaining. tion and we are expected to come up VI, which was approved by the Senate Mr. LATOURETTE. Mr. Speaker, I with solutions. 2 years ago, with the goal to reduce yield myself such time as I might con- So I would hope, not in the spirit of harmful emissions from large ocean- sume. the old Water Resources Development going ships. Mr. Speaker, the reason that I nomi- Act where we were not permitted to Implementation of this treaty nated the gentleman from Minnesota have the House work its will, that the amendment is an important first step (Mr. OBERSTAR) as sort of the energy current leadership of the House would for the protection of the health of our czar of the United States Congress is let the Members of the House work citizens in coastal areas of the United exactly the reasons that he indicated. their will on what the energy policy of States. We know, for example, that If you look at the legislation that has this country should be to give some re- large oceangoing ships are a major effectively dealt in part with the dif- lief to our citizens. source of soot, sulfur dioxide, and ficulties we find ourselves in, the gen- And since I am in a commending smog-forming pollution, strongly asso- tleman’s transit legislation certainly mood, Mr. Speaker, I would nominate ciated with premature deaths, hospital gets people into mass transit and out the gentleman from Minnesota (Mr. visits, and asthma attacks. The emis- of their automobiles and saves fuel. OBERSTAR), the chairman of the Trans- sion from these ships can cause serious The gentleman’s Amtrak legislation portation and Infrastructure Com- heart and lung problems, and can con- is historic, and in the short run a ro- mittee, to be the designee of Speaker tribute to an increased risk of lung bust Amtrak means good things for PELOSI to head up this effort and use cancer. America in terms of jobs and moving the same bipartisan manner he uses on This is clearly important in my con- people to and from work. I think I saw all other issues to get us out of this gressional district along California’s something on the news where they mess. South Central Coast. In 2005, more than were tracking what has happened to I reserve the balance of my time. 7,000 oceangoing transits were made people’s behaviors since the price of Mr. OBERSTAR. I yield myself 2 along our coastline. As these ships gas has gone up, and I believe Amtrak minutes. I thank the gentleman for that pro- come through the Santa Barbara chan- has seen a 13 percent ridership increase motion, I think. But I most sincerely nel, heading to the ports of Hueneme, since gas has increased, a testament to thank him for his comments on the Los Angeles, and Long Beach, it is the Amtrak, and also a testament to the work of our committee and for his case that the prevailing wind condi- gentleman’s bill that made sure that partnership in shaping that success tions blow most of the air pollution on- Amtrak isn’t operating hand to mouth story that we have enjoyed and in part- shore. as we move through this process. Currently, these vessels emit over 45 Similarly, the gentleman’s vision for nership with Mr. MICA as well. It is representative of the historical tradition percent of all the emissions of nitrogen intercity rail in this country is again of the committee to work in a bipar- oxides in Santa Barbara County, more something where we lag far behind our tisan spirit. Perhaps it is so because of than all the road vehicles combined. If friends in Asia and Europe, and he has the nature of our committee jurisdic- left unregulated, these ships will con- for the first time, at least since I have tion, as the gentleman has suggested in tribute almost 75 percent of the coun- been here, put real money, $350 million his comments. ty’s nitrogen oxide pollution by 2020. a year for 5 years, into the notion of Indeed, as of the recess for Fourth of This forecasted increase in air pollu- high-speed intercity rail connections July, we had passed the 110th bill on tion from large ships could wipe out principally in the Midwest of the that Thursday of the 110th Congress, the hard won air quality improvements United States. But all of us recognize the 110th bill from our committee, 64 of achieved in the last 30 years on Califor- that that piece at least is some years which have become public law or con- nia’s central coast. away in terms of it being a viable al- current resolutions or House resolu- It is very clear that action must be ternative and impacting the cost of tions that were self-implementing; and taken to reduce these emissions which gasoline. that last measure, the 110th, was in- are impacting the lives of thousands of So, again, I would make the sugges- deed to address the energy issue, to people living in my district every sin- tion that there are good ideas on both provide funding for transit and flexi- gle day. And as I address this situation sides of this aisle. There are many gift- bility for transit authorities. And an- so harmful to this particular part of ed Members of Congress, both Repub- other bill that we passed by 311–104 was the coastline, I am aware that every licans and Democrats. We should have for the future of Amtrak, a bill that is coastal district in this Nation, the Pa- a national debate. And, for the sake of now in House-Senate conference, and cific Coast, Atlantic, Gulf, and the the people that I represent and others which I am confident we will bring to Great Lakes would be affected perhaps represent, we should get something the House floor before the August rein similar ways. So would the people done and we should get them some recess to give Amtrak a new breath of who wish to visit these beautiful coast- lief today. life, incorporating some very signifi- al areas. But, Mr. Speaker, I was talking to cant Republican concepts and contribu- The IMO, Mr. Speaker, is considering Mr. Rayfield and we were trying to re- tions that I think are important for adopting new, more effective emission member whether it was General Wil- the future of Amtrak. We did not oper- standards for large ships, but the U.S. liam Tecumseh Sherman who said: If ate in the committee on the principle will only have influence on these new asked, I will not run. If nominated, I of a majority of the majority, but rath- standards if our country completes will not serve. If elected, I will not er on the principle of the best ideas ratification of the MARPOL Annex VI serve. that we could marshal and muster to- Treaty via this implementing legisla- I think that is what the gentleman gether and shape legislation that is tion. So I certainly hope we can seize from Minnesota said to my suggestion beneficial for the future. this unique opportunity where indus- and I hope he in fact reconsiders that, I now yield 3 minutes to the gentle- try, ports, environmental organiza- because of all of the people in this woman from California (Mrs. CAPPS). tions, and regulatory agencies are body, he commands tremendous respect

VerDate Aug 31 2005 01:51 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.031 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6196 CONGRESSIONAL RECORD — HOUSE July 8, 2008 on both sides of the aisle. He has dem- The question was taken; and (two- years old when his life was taken in onstrated again and again not only as thirds being in the affirmative) the service of our country. the ranking member in previous Con- rules were suspended and the Senate John Sigsbee graduated from gresses of our committee but now as amendment was concurred in. Waterville Central School in 2004 and the chairman that he can put together A motion to reconsider was laid on attended Mohawk Valley Community the best ideas of both sides, and not the table. College. Upon completing his first year only move forward ideas that he firmly f of college, John decided to join the believes in but find consensus and actu- U.S. Army to further finance his higher CPL. JOHN P. SIGSBEE POST ally get bills done and signed into law. education and became wounded one OFFICE So I hope the gentleman, unlike my month to the day during his first tour fellow Ohioan, General Sherman, re- Mr. DAVIS of Illinois. Mr. Speaker, I of duty in Iraq. considers. move to suspend the rules and pass the John was sent home to recover at the I yield back the balance of my time. bill (H.R. 5975) to designate the facility Brooke Army Medical Center, where he Mr. OBERSTAR. Mr. Speaker, I yield of the United States Postal Service lo- was visited by Army personnel who myself such time as I may consume. cated at 101 West Main Street in awarded him for his bravery. These of- The SPEAKER pro tempore. The gen- Waterville, New York, as the ‘‘Cpl. ficers told John that he needed time to tleman is recognized for 3 minutes. John P. Sigsbee Post Office’’. heal properly from the burns he suf- Mr. OBERSTAR. And I thank the The Clerk read the title of the bill. fered when his tank drove over two gentleman again for his ever thought- The text of the bill is as follows: IEDs, and that he needed time to con- ful remarks, Mr. Speaker. If handed H.R. 5975 sider his decision to return to service. such a challenge, I would undertake it Be it enacted by the Senate and House of Rep- However, John replied, with his mother with vigor and with resolute purpose. resentatives of the United States of America in at his side, ‘‘Give me one year and I’ll But it hasn’t been handed to me, al- Congress assembled, be back.’’ John did just that, and it was though I appreciate the gentleman’s SECTION 1. CPL. JOHN P. SIGSBEE POST OFFICE. then that his mother started to know offer. (a) DESIGNATION.—The facility of the what ‘‘sacrifice’’ truly means. I think our committee has been able United States Postal Service located at 101 John went back and gave all that he very successfully to attack these issues West Main Street in Waterville, New York, had to give. In his mind, there was no of short-term as well as long-term im- shall be known and designated as the ‘‘Cpl. question that his place was back with John P. Sigsbee Post Office’’. portance to the Nation, and we intend (b) REFERENCES.—Any reference in a law, his fellow troops in Iraq to fulfill his to continue pursuing the best interests map, regulation, document, paper, or other responsibilities as a young American of the country in the legislation we record of the United States to the facility re- soldier. move from this committee, and to in- ferred to in subsection (a) shall be deemed to Corporal Sigsbee valiantly served as corporate the good ideas from all mem- be a reference to the ‘‘Cpl. John P. Sigsbee a member of the 32nd Cavalry Unit in bers of the committee regardless of Post Office’’. the 101st Airborne Division, a dedicated their political stature or standing. The SPEAKER pro tempore. Pursu- young man who every day honored his I recall so well during T–21, the shap- ant to the rule, the gentleman from Il- responsibility to his country and his ing of the surface transportation legis- linois (Mr. DAVIS) and the gentleman mission. Corporal Sigsbee’s purpose lation, Mr. SHUSTER, then the chair- from Ohio (Mr. TURNER) each will con- and sacrifices will be remembered by man, and I traveled the country to trol 20 minutes. the entire village of Waterville, county major points of congestion throughout The Chair recognizes the gentleman of Oneida and now, with passage of this America to advocate for more robust from Illinois. bill, by the whole Nation. investment in surface transportation. GENERAL LEAVE During calling hours and funeral ar- And at one point, I believe it was in At- Mr. DAVIS of Illinois. Mr. Speaker, I rangements for Corporal Sigsbee, his lanta at a news conference, the last ask unanimous consent that all Mem- family and loved ones received an out- question was, well, Mr. OBERSTAR, why bers may have 5 legislative days within pouring of gratitude and support by the are you traveling and participating in which to revise and extend their re- village of Waterville. Over 2,000 citi- this news conference, you a Democrat, marks. zens attended calling hours to pay with Mr. SHUSTER, a Republican? And I The SPEAKER pro tempore. Is there their respects for this young American, said: Because I have never seen a objection to the request of the gen- and 300 members from local veterans’ Democratic bridge or a Republican tleman from Illinois? organizations came to the local high road; but if we work together, we can There was no objection. school as a show of strength and unity build all-American roads and all-Amer- Mr. DAVIS of Illinois. Mr. Speaker, for their fellow soldier. Additionally, a ican bridges. it is my pleasure to yield such time as 50-car procession escorted his body The reporter then turned to Chair- he might consume to the author of this from the Griffiss Airfield to Saratoga man Shuster and said: Why are you legislation, Representative ARCURI of National Cemetery where he was laid travelling with Mr. Oberstar? And he New York. to rest. said, Because JIM OBERSTAR and I are Mr. ARCURI. I thank the gentleman. On that day, January 25, 2008, Cor- joined at the hip. Mr. Speaker, I rise today in strong poral Sigsbee received a true hero’s And I think if we could carry that support of H.R. 5975, to rename the post welcome from not only his family and spirit with vigor and honesty and with office in Waterville, New York in mem- friends, but from people who did not resoluteness of purpose, we can accom- ory of Corporal John P. Sigsbee. know him yet wanted to give their plish great things for this country and Mr. Speaker, it is with both incred- thanks, thanks to a man who paid the for this Congress. And I for that reason ible pride and sadness that I address ultimate price for their safety and enjoy the participation of the gen- the House today to speak on this bill their freedom. The renaming of this tleman from Ohio (Mr. LATOURETTE), that pays tribute to the life and sac- post office may be considered by some the gentleman from Florida (Mr. MICA), rifice of one of this Nation’s fallen sol- as a simple act by Congress. But it will and in the current context Mr. diers, U.S. Army Corporal John forever symbolize to the village of CUMMINGS of Maryland, because there Sigsbee. Waterville and the citizens of Oneida is a real sense of doing what is good for On January 16, 2008, Corporal Sigsbee County, and to future generations, the America and putting the country first of Waterville, New York was killed in deep appreciation that this legislative and not our own personal agendas. action 50 miles north of Baghdad dur- body has for this man’s life and con- I yield back the balance of my time. ing his second tour of duty in Iraq. tributions, and for the actions of each The SPEAKER pro tempore. The and every member of our Armed Serv- question is on the motion offered by b 1600 ices. the gentleman from Minnesota (Mr. The family he left behind while in Mr. Speaker, I urge my colleagues OBERSTAR) that the House suspend the the line of duty will soon receive his today to support this legislation re- rules and concur in the Senate amend- second Military Purple Heart on his be- naming the Waterville, New York, Post ment to the bill, H.R. 802. half. Corporal Sigsbee was only 21 Office after and in honor of Corporal

VerDate Aug 31 2005 01:51 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.032 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6197 John P. Sigsbee and to forever honor Team, 101st Airborne Division out of The SPEAKER pro tempore. Is there the life of this soldier, son, brother and Fort Campbell, Kentucky, Corporal objection to the request of the gen- American hero. Sigsbee joined the Army in October, tleman from Illinois? Mr. TURNER. Mr. Speaker, I yield 2005, and served his country valiantly There was no objection. myself such time as I may consume. up until the time of his death. For Mr. DAVIS of Illinois. Mr. Speaker, I I rise in support of H.R. 5975, desig- making the ultimate sacrifice of life, yield myself such time as I may con- nating the post office in Waterville, Corporal Sigsbee was awarded the Pur- sume. New York, as the Corporal John P. ple Heart which now rests with his par- Mr. Speaker, as a member of the Sigsbee Post Office. ents, James and Susan Sigsbee, of House Committee on Oversight and In October 2005, Corporal Sigsbee Waterville, New York. Government Reform, I am pleased to joined the 101st Airborne Division 32nd Mr. Speaker, as we pay tribute to join my colleagues, particularly the Cavalry Unit, based in Fort Campbell, this heroic American citizen, let us gentleman from Georgia (Mr. Kentucky, famously known as the also take a moment and recollect on GINGREY), in the consideration of H.R. home of the Screaming Eagles. After the thousands of men and women in 6092 which names the postal facility in being deployed to Iraq, he was injured uniform currently serving abroad in Bremen, Georgia, after a fallen hero, by a roadside bomb in July 2006. For order to protect us here in the home- Sergeant Paul Saylor. his action, he was honored with the land. I ask that we all proudly com- Introduced on May 20, 2008, H.R. 6092 Purple Heart. After recovering at memorate both the life and the unfor- is sponsored by Congressman PHIL Brooke Army Medical Center, he in- tunate death of Corporal John P. GINGREY, representative of Georgia’s 11th Congressional District and cospon- sisted on returning to Iraq. Steve Sigsbee by passing H.R. 5975. English, one of Corporal Sigsbee’s high I reserve the balance of my time. sored by the entire Georgia delegation school teachers, said, ‘‘John was doing Mr. TURNER. Mr. Speaker, I yield and a total of 43 Members of Congress. something he knew was important. back the balance of my time. H.R. 6092 was reported from the Over- After being injured, he could have cho- Mr. DAVIS of Illinois. Mr. Speaker, I sight Committee on June 12, 2008, by voice vote. sen to be assigned anywhere. He chose urge passage of this legislation, and I Mr. Speaker, a native of Norcross, Iraq.’’ English noted that it was indeed yield back the balance of my time. The SPEAKER pro tempore. The Georgia, Sergeant Paul Saylor lost his Corporal Sigsbee’s commitment to his life while serving in Iraq. According to fellow soldiers that drove him to re- question is on the motion offered by the gentleman from Illinois (Mr. military records, Sergeant Saylor was turn to Iraq. assigned to the 1st Battalion, 108th Sadly, during his second deployment, DAVIS) that the House suspend the rules and pass the bill, H.R. 5975. Armor Regiment from the Georgia Corporal Sigsbee was killed in action Army National Guard out of Calhoun, on January 16, 2008, along with two The question was taken; and (two- thirds being in the affirmative) the Georgia, when he was killed on August other American soldiers when they 15 as a result of his Humvee acciden- came under small arms fire and gre- rules were suspended and the bill was passed. tally rolling over into a canal in nade attack in Balad. He was post- Mahmudiyah, Iraq. humously honored with a bronze star A motion to reconsider was laid on the table. Described as a good-hearted, very for his service and a promotion to the dedicated and hardworking gentleman, rank of corporal. f Sergeant Saylor served his country Corporal John Patrick Sigsbee’s life SERGEANT PAUL SAYLOR POST proudly and with distinction. In honor and tragic death have served as a ral- OFFICE BUILDING of sacrifice, Mr. Speaker, let us also lying point for his community of Mr. DAVIS of Illinois. Mr. Speaker, I pay tribute to the life of Sergeant Waterville, New York. By naming the move to suspend the rules and pass the Saylor and pass H.R. 6092 and designate new post office in his hometown after bill (H.R. 6092) to designate the facility the Tallapoosa Street post office build- this brave young American, we will es- of the United States Postal Service lo- ing in Bremen, Georgia, after this fine tablish not only a permanent monu- cated at 101 Tallapoosa Street in Bre- American soldier. ment for this fallen soldier, but a per- men, Georgia, as the ‘‘Sergeant Paul I reserve the balance of my time. manent reminder of his example. Saylor Post Office Building’’. Mr. TURNER. Mr. Speaker, I yield as Mr. Speaker, I reserve the balance of The Clerk read the title of the bill. much time as he may consume to the my time. The text of the bill is as follows: gentleman from Georgia (Mr. Mr. DAVIS of Illinois. Mr. Speaker, I H.R. 6092 GINGREY), the author of H.R. 6092. yield myself such time as I may con- Mr. GINGREY. Mr. Speaker, I thank Be it enacted by the Senate and House of Rep- sume. resentatives of the United States of America in my colleague from Ohio (Mr. TURNER), Mr. Speaker, as a member of the Congress assembled, the ranking member of the sub- House Committee on Oversight and SECTION 1. SERGEANT PAUL SAYLOR POST OF- committee, for yielding. I also, Mr. Government Reform, I rise to join my FICE BUILDING. Speaker, want to thank my good friend colleagues in the consideration and (a) DESIGNATION.—The facility of the from Illinois, Representative DAVIS, for support of H.R. 5975, which renames a United States Postal Service located at 101 the kind words that he just expressed postal facility in Waterville, New Tallapoosa Street in Bremen, Georgia, shall toward Sergeant Paul Saylor and for York, after Corporal John P. Sigsbee. be known and designated as the ‘‘Sergeant Paul Saylor Post Office Building’’. allowing this bill to come forward The measure being considered was (b) REFERENCES.—Any reference in a law, today. first introduced by Congressman MI- map, regulation, document, paper, or other Mr. Speaker, I rise in strong support CHAEL ARCURI of New York on May 6, record of the United States to the facility re- of H.R. 6092, a bill that I introduced to 2008, and is cosponsored by all members ferred to in subsection (a) shall be deemed to honor the life of Paul Anthony Saylor of the Empire State, the New York del- be a reference to the ‘‘Sergeant Paul Saylor by designating the post office in Bre- egation. Upon introduction the meas- Post Office Building’’. men, Georgia, in Haralson County, as ure was referred to the Committee on The SPEAKER pro tempore. Pursu- the Sergeant Paul Saylor Post Office. Oversight and Government Reform, ant to the rule, the gentleman from Il- Mr. Speaker, thankfully we are at a and on June 12, 2008, our committee ap- linois (Mr. DAVIS) and the gentleman point today where the Iraqi Govern- proved the bill by voice vote. from Ohio (Mr. TURNER) each will con- ment is proving to be more and more H.R. 5975 allows us to pay homage to trol 20 minutes. capable of securing its country and the service of Corporal John P. Sigsbee The Chair recognizes the gentleman where al Qaeda terrorists are on the who was tragically killed on January from Illinois. verge of being completely routed. But 16 while serving in Balad, Iraq. Cor- GENERAL LEAVE we can all agree that the road on which poral Sigsbee died as a result of wounds Mr. DAVIS of Illinois. Mr. Speaker, I we have traveled has been anything but sustained from grenade and small-arms ask unanimous consent that all Mem- smooth. Indeed, we have lost 4,166 of fire during combat operations. bers may have 5 legislative days in our Nation’s greatest treasures in Iraq, Assigned to the 1st Squadron, 32nd which to revise and extend their re- the lives of the patriotic, heroic men Cavalry Regiment, 1st Brigade Combat marks. and women who have served there.

VerDate Aug 31 2005 03:10 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.036 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6198 CONGRESSIONAL RECORD — HOUSE July 8, 2008 They are not just statistics, Mr. clusion of a provision last year in the A motion to reconsider was laid on Speaker. There is a story behind each National Defense Authorization Act for the table. and every one of the brave men and fiscal year 2007 requiring that all med- f women who have died serving our coun- ical personnel be thoroughly trained try in this global war on terror. I have not only in saving lives but also in re- RECESS mains preservation before they are de- come to know Paul’s story very well The SPEAKER pro tempore. Pursu- over the last 3 years. You have heard ployed into the theater. This training is currently being car- ant to clause 12(a) of rule I, the Chair the stories of other fallen heroes today declares the House in recess until ap- who are being honored in the same ried out in the medical training facilities at Fort Sam Houston and the proximately 6:30 p.m. today. way. Accordingly (at 4 o’clock and 18 min- Paul Saylor’s story is indeed one of Brook Army Medical Center in San An- tonio, Texas. On a recent visit last utes p.m.), the House stood in recess courage, kindness, generosity, and de- until approximately 6:30 p.m. votion to his family and to his great month, I was able to determine that country. Paul was a beloved son to his the Army is solemnly carrying out this f parents, Jamie and Patti; a beloved duty, and I am proud to report that to b 1830 brother to Little Jamie, his big broth- my colleagues. er; and a beloved nephew to Linda While we could never do enough to AFTER RECESS Kirkland. He enjoyed playing high support and honor Paul’s sacrifice, it is the least we can do to ensure that we The recess having expired, the House school football with his older brother, was called to order by the Speaker pro and was known for his smile and his honor the remains of our fallen heroes with the dignity and respect that they tempore (Ms. BERKLEY) at 6 o’clock and caring heart. My colleagues, I want 30 minutes p.m. you to look at Paul Saylor in this post- deserve. Our Nation will be forever in- er. He is, indeed, a kind young man. debted to Sergeant Paul Saylor. I know f Since Paul’s death, many have spo- he is here with us today, and I would REPORT ON RESOLUTION PRO- ken of his penchant for standing up for like to say to him, Thank you, Paul. VIDING FOR CONSIDERATION OF others who were being bullied, for pick- Thank you for your service. And I want H.R. 1286, WASHINGTON-ROCHAM- ing people up when they were down. It to thank his family. Paul, your spirit BEAU REVOLUTIONARY ROUTE is a testament to the affection that lives on, and you will never be forgot- NATIONAL HISTORIC TRAIL DES- others had for Paul that of the 5,000 ten. IGNATION ACT citizens of Bremen, Georgia, his home- Mr. Speaker, I ask all my colleagues town, over 1,500 attended his funeral. to join me today in honoring Sergeant Mr. HASTINGS of Florida, from the Mr. Speaker, it was Paul’s sense of Paul Saylor. Vote ‘‘yes’’ on H.R. 6092. Committee on Rules, submitted a priv- duty that led him to join the Georgia Mr. DAVIS of Illinois. Mr. Speaker, I ileged report (Rept. No. 110–744) on the National Guard following his attend- continue to reserve. resolution (H. Res. 1317) providing for Mr. TURNER. Mr. Speaker, I yield ance at North Georgia College and consideration of the bill (H.R. 1286) to myself such time as I may consume. State University. Upon joining, Paul amend the National Trails System Act Mr. Speaker, I rise today in support of this probably had no idea he would be called to designate the Washington-Rocham- bill designating the facility of the United States upon to defend his country and our beau Revolutionary Route National Postal Service located at 101 Tallapoosa freedom in Iraq, but when he was, he Historic Trail, which was referred to Street in Bremen, Georgia, as the ‘‘Sergeant bravely answered that call. the House Calendar and ordered to be Paul Saylor Post Office Building.’’ printed. He served our Nation in Iraq as a Friendly. Dedicated. Hardworking. These member of the Georgia National are but a few of the magnificent words of f Guard’s 48th Infantry Brigade Combat praise that arise when friends and family REPORT ON RESOLUTION PRO- Team. Paul lost his life on August 15, speak of the memory of Sergeant Paul Saylor. 2005, almost 3 years ago, while on pa- A native of Bremen, Georgia, Paul was a VIDING FOR CONSIDERATION OF trol in Al Mahmudiyah, Iraq, when the shining star in his community. A starter on the H.R. 5811, ELECTRONIC MESSAGE vehicle in which he was traveling football team and committed thespian, Paul PRESERVATION ACT rolled down an embankment into a was voted ‘‘best personality’’ by his graduating Mr. HASTINGS of Florida, from the canal. He and two of his fellow scout class of 2002. After graduation, Paul attended Committee on Rules, submitted a priv- team members died that day. Paul was North Georgia College and State University, a ileged report (Rept. No. 110–745) on the 21 years old. military college. resolution (H. Res. 1318) providing for Sadly, Mr. Speaker, upon being re- Tragically, on August 15, 2005, Sergeant consideration of the bill (H.R. 5811) to turned to his family, Paul’s remains Saylor lost his life while serving as part of the amend title 44, United States Code, to were in a state of advanced decomposi- National Guard’s 48th Infantry in Al require preservation of certain election and they were not able to see him Mahmudiyah, Iraq. tronic records by Federal agencies, to that one last time for the final good- Described by his brother, Jamie, as the require a certification and reports re- bye. ‘‘. . . type who would help you, but he lating to Presidential records, and for b 1615 wouldn’t let you know it,’’ Sergeant Saylor other purposes, which was referred to served his family, community, and country with His family has worked tirelessly the House Calendar and ordered to be selfless devotion. printed. since then to assure that the improved I rise today in honor of not only a tremen- treatment of the remains of all fallen dous patriot, but an outstanding citizen. I urge f soldiers would ensure that no family, my colleagues to support this resolution in no family would ever have to experi- ANNOUNCEMENT BY THE SPEAKER honor of a valiant life that should not, and will PRO TEMPORE ence a similar fate of not being able to not, soon be forgotten by a grateful Nation. view their son or daughter one last I yield back the balance of our time. The SPEAKER pro tempore. Pursu- time. Mr. DAVIS of Illinois. Mr. Speaker, I ant to clause 8 of rule XX, proceedings As I worked with Paul’s family to ad- would yield back the balance of my will resume on motions to suspend the dress any potential shortfalls in our time. rules previously postponed. mortuary process, I have visited the The SPEAKER pro tempore. The Votes will be taken in the following mortuary facility at Dover Air Force question is on the motion offered by order: Base in Delaware, as well as Mortuary the gentleman from Illinois (Mr. H.R. 3981, by the yeas and nays; Affairs Collection Point in Iraq, ex- DAVIS) that the House suspend the H.R. 1423, by the yeas and nays; actly where Paul fell, to try to evalu- rules and pass the bill, H.R. 6092. H.R. 4199, by the yeas and nays. ate the current processes and the pro- The question was taken; and (two- The first electronic vote will be con- cedures and identify any areas where thirds being in the affirmative) the ducted as a 15-minute vote. Remaining improvements could be made. And rules were suspended and the bill was electronic votes will be conducted as 5- those efforts led eventually to the in- passed. minute votes.

VerDate Aug 31 2005 03:10 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.039 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6199 PRESERVE AMERICA AND SAVE McIntyre Radanovich Solis HONORING THE LIFE OF CLEM McKeon Rahall Space AMERICA’S TREASURES ACT McNerney Ramstad Speier MCSPADDEN The SPEAKER pro tempore. The un- McNulty Rangel Spratt (Mr. BOREN asked and was given Meek (FL) Regula Stark permission to address the House for 1 finished business is the vote on the mo- Mica Rehberg Stearns tion to suspend the rules and pass the Michaud Reichert Stupak minute.) bill, H.R. 3981, as amended, on which Miller (FL) Renzi Sullivan Mr. BOREN. Madam Speaker, I rise the yeas and nays were ordered. Miller (MI) Reyes Sutton today to honor the life of a true Okla- Miller (NC) Richardson Tanner The Clerk read the title of the bill. Miller, Gary Rodriguez Tauscher homa statesman. The SPEAKER pro tempore. The Miller, George Rogers (AL) Terry Clem Rogers McSpadden passed away question is on the motion offered by Mitchell Rogers (KY) Thompson (CA) on Monday, July 7, 2008, after a lengthy Mollohan Rogers (MI) Thompson (MS) battle with cancer. Clem was the great the gentlewoman from Guam (Ms. Moore (KS) Ros-Lehtinen Thornberry BORDALLO) that the House suspend the Moore (WI) Roskam Tiahrt nephew of Will Rogers and served as a rules and pass the bill, H.R. 3981, as Moran (KS) Ross Tiberi Member of the U.S. House from 1973 amended. Moran (VA) Rothman Tierney until 1975. Murphy (CT) Roybal-Allard Tsongas If you ask Oklahomans about Clem, The vote was taken by electronic de- Murphy, Patrick Ruppersberger Turner vice, and there were—yeas 360, nays 23, Murphy, Tim Ryan (OH) Upton they will tell you about how he helped not voting 51, as follows: Musgrave Ryan (WI) Van Hollen them during his time in elected office, Myrick Salazar Vela´ zquez how they remember him announcing [Roll No. 471] Nadler Sanchez, Loretta Visclosky rodeo championships, or how he gave YEAS—360 Napolitano Sarbanes Walberg Neal (MA) Scalise Walden (OR) them some great advice about life. Ackerman Cuellar Hobson Neugebauer Schakowsky Walsh (NY) Clem was also a highly respected Aderholt Culberson Hodes Nunes Schmidt Walz (MN) Member of this Chamber. He was hon- Akin Cummings Holden Oberstar Schwartz Wamp Allen Davis (AL) Holt Obey Scott (GA) Wasserman ored with being the first freshman Altmire Davis (CA) Honda Olver Scott (VA) Schultz Member ever to be appointed to the Arcuri Davis (IL) Hooley Ortiz Sensenbrenner Waters Rules Committee. He also helped cre- Baca Davis (KY) Hoyer Pallone Serrano Watson ate the Rural Caucus, which I am hon- Bachmann Davis, David Hunter Pascrell Sessions Watt Baird Davis, Lincoln Inglis (SC) Pastor Sestak Waxman ored to be a member of today. Baldwin Davis, Tom Inslee Payne Shays Weiner Clem will not just be remembered as Barrett (SC) Deal (GA) Israel Pence Shea-Porter Welch (VT) a former Congressman or President pro Barrow DeFazio Issa Perlmutter Sherman Wexler Bartlett (MD) DeGette Jackson (IL) Peterson (MN) Shimkus Whitfield (KY) tem of the State Senate. As those of us Bean DeLauro Jackson-Lee Petri Shuster Wilson (NM) from Oklahoma know, Clem had a posi- Becerra Dent (TX) Pitts Sires Wilson (SC) tive impact on his community, his Berkley Diaz-Balart, L. Jefferson Platts Skelton Wittman (VA) State, and the Nation in many ways, Berman Diaz-Balart, M. Johnson (GA) Pomeroy Slaughter Wolf Berry Dicks Johnson, E. B. Porter Smith (NE) Woolsey ranging from family, to military serv- Biggert Doggett Johnson, Sam Price (GA) Smith (NJ) Wu ice, to rodeo, to business, and to ranch- Bilbray Donnelly Jones (NC) Price (NC) Smith (WA) Yarmuth ing. Bishop (GA) Doyle Jones (OH) Putnam Snyder Young (AK) Bishop (NY) Drake Jordan In keeping with a proud family leg- Blackburn Dreier Kagen NAYS—23 acy, Clem represented Oklahoma val- Blumenauer Edwards (MD) Kanjorski ues on a daily basis: Hard work and Blunt Edwards (TX) Keller Barton (TX) Franks (AZ) Marchant Boehner Ehlers Kennedy Bishop (UT) Gingrey Paul personal responsibility. This is truly Bonner Ellison Kildee Broun (GA) Hensarling Royce what helped make him one of Okla- Bono Mack Ellsworth Kilpatrick Burgess Hoekstra Sali homa’s favorite sons, just like his Boozman Emanuel Kind Campbell (CA) King (IA) Shadegg great uncle, Will Rogers. There are Boren Emerson King (NY) Duncan Kingston Tancredo Boswell Engel Kirk Flake Lamborn Westmoreland very few people who have been such a Boucher Eshoo Klein (FL) Foxx Manzullo great role model to us all. Boustany Etheridge Kline (MN) Our thoughts and prayers are with Boyd (FL) Everett Knollenberg NOT VOTING—51 Boyda (KS) Fallin Kucinich Donna and the entire McSpadden fam- Abercrombie Fossella Rohrabacher Brady (PA) Farr Kuhl (NY) ily. Thousands of Oklahomans and Alexander Gilchrest Rush Brady (TX) Fattah LaHood Andrews Hulshof Sa´ nchez, Linda rodeo fans across the Nation share the Braley (IA) Feeney Langevin Bachus Johnson (IL) T. sadness of their loss. Brown (SC) Filner Larsen (WA) Bilirakis Kaptur Saxton Brown, Corrine Fortenberry Larson (CT) I would like to yield at this time to Brown-Waite, Lampson Schiff Buchanan Foster Latham the dean of our Oklahoma House dele- Ginny Levin Shuler Burton (IN) Frank (MA) LaTourette Calvert McMorris Simpson gation, FRANK LUCAS. Butterfield Frelinghuysen Latta Cannon Rodgers Smith (TX) Mr. LUCAS. Thank you, Congress- Buyer Gallegly Lee Carter Meeks (NY) Souder Camp (MI) Garrett (NJ) Lewis (CA) man BOREN. Cohen Melancon Taylor Cantor Gerlach Lewis (GA) Clem McSpadden was a child of the Cubin Murtha Towns Capito Giffords Lewis (KY) Delahunt Pearce Udall (CO) Great Depression. He was a veteran of Capps Gillibrand Linder Dingell Peterson (PA) Udall (NM) the Second World War, a 1948 graduate Capuano Gohmert Lipinski Doolittle Pickering Weldon (FL) Cardoza Gonzalez LoBiondo of Oklahoma State University, an 18- English (PA) Poe Weller Carnahan Goode Loebsack Ferguson Pryce (OH) Wilson (OH) year veteran of the State Senate of Carney Goodlatte Lofgren, Zoe Forbes Reynolds Young (FL) Oklahoma, and 2 years in this body. Carson Gordon Lowey Castle Granger Lucas The tales, the stories, the insight, the Castor Graves Lungren, Daniel b 1856 history of all those institutions that he Cazayoux Green, Al E. was a part of, he was a walking, living Chabot Green, Gene Lynch legacy. Chandler Grijalva Mack Messrs. LAMBORN, BURGESS and Childers Gutierrez Mahoney (FL) HOEKSTRA changed their vote from Maybe I should put it this way: This Clarke Hall (NY) Maloney (NY) ‘‘yea’’ to ‘‘nay.’’ Chamber was graced that Clem was a Clay Hall (TX) Markey Member of this body for 2 years. We in Cleaver Hare Marshall Mr. HOBSON changed his vote from Oklahoma are graced that Clem was a Clyburn Harman Matheson ‘‘nay’’ to ‘‘yea.’’ Coble Hastings (FL) Matsui member of our State for 82 years. He Cole (OK) Hastings (WA) McCarthy (CA) So (two-thirds being in the affirma- will be missed. He will be missed. Conaway Hayes McCarthy (NY) tive) the rules were suspended and the With that I yield back to his suc- Conyers Heller McCaul (TX) Cooper Herger McCollum (MN) bill, as amended, was passed. cessor in the Second District of Okla- homa, Congressman BOREN. Costa Herseth Sandlin McCotter The result of the vote was announced Costello Higgins McCrery Mr. BOREN. Madam Speaker, I re- Courtney Hill McDermott as above recorded. spectfully request Members to join me Cramer Hinchey McGovern Crenshaw Hinojosa McHenry A motion to reconsider was laid on in a moment of silence to remember Crowley Hirono McHugh the table. Clem’s legacy.

VerDate Aug 31 2005 05:09 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.042 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6200 CONGRESSIONAL RECORD — HOUSE July 8, 2008 The SPEAKER pro tempore. Mem- Israel McNerney Schwartz ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE bers will please stand and observe a Issa McNulty Scott (GA) The SPEAKER pro tempore (during Jackson (IL) Meek (FL) Scott (VA) moment of silence. Jackson-Lee Mica Sensenbrenner the vote). There are 2 minutes remain- f (TX) Michaud Serrano ing in this vote. Jefferson Miller (FL) Sessions ANNOUNCEMENT BY THE SPEAKER Johnson (GA) Miller (MI) Sestak b 1908 PRO TEMPORE Johnson, E. B. Miller (NC) Shadegg So (two-thirds being in the affirma- Johnson, Sam Miller, Gary Shays The SPEAKER pro tempore. Without Jones (NC) Miller, George Shea-Porter tive) the rules were suspended and the objection, 5-minute voting will con- Jones (OH) Mitchell Sherman bill, as amended, was passed. Jordan tinue. Mollohan Shimkus The result of the vote was announced Kagen Moore (KS) Shuster as above recorded. There was no objection. Kanjorski Moore (WI) Sires Keller Moran (KS) The title was amended so as to read: f Skelton Kennedy Moran (VA) Slaughter ‘‘A bill to authorize the Secretary of DOROTHY BUELL MEMORIAL Kildee Murphy (CT) Smith (NE) the Interior to enter into a partnership Kilpatrick Murphy, Patrick VISITOR CENTER LEASE ACT Smith (NJ) with the Porter County Convention, Kind Murphy, Tim Smith (WA) King (NY) Musgrave Recreation and Visitor Commission re- The SPEAKER pro tempore. The un- Snyder garding the use of the Dorothy Buell finished business is the vote on the mo- Kingston Myrick Solis Kirk Nadler Memorial Visitor Center as a visitor tion to suspend the rules and pass the Space Klein (FL) Napolitano Speier center for the Indiana Dunes National bill, H.R. 1423, as amended, on which Kline (MN) Neal (MA) Spratt Knollenberg Nunes Lakeshore, and for other purposes.’’. the yeas and nays were ordered. Stark A motion to reconsider was laid on The Clerk read the title of the bill. Kucinich Oberstar Stupak Kuhl (NY) Obey Sullivan the table. The SPEAKER pro tempore. The LaHood Olver Sutton Lamborn f question is on the motion offered by Ortiz Tancredo Lampson the gentlewoman from Guam (Ms. Pallone Tanner Langevin Pascrell DAYTON AVIATION HERITAGE NA- BORDALLO) that the House suspend the Tauscher Larsen (WA) Pastor TIONAL HISTORICAL PARK EX- Taylor rules and pass the bill, H.R. 1423, as Larson (CT) Payne Terry PANSION amended. Latham Pence Thompson (CA) LaTourette Perlmutter The SPEAKER pro tempore. The un- This will be a 5-minute vote. Thompson (MS) Latta Peterson (MN) finished business is the vote on the mo- The vote was taken by electronic de- Thornberry Lee Petri vice, and there were—yeas 376, nays 11, Tiahrt tion to suspend the rules and pass the Lewis (CA) Pitts bill, H.R. 4199, as amended, on which not voting 47, as follows: Lewis (GA) Platts Tiberi Tierney the yeas and nays were ordered. [Roll No. 472] Lewis (KY) Pomeroy Linder Porter Tsongas The Clerk read the title of the bill. YEAS—376 Lipinski Price (GA) Turner The SPEAKER pro tempore. The Upton Abercrombie Carney English (PA) LoBiondo Price (NC) question is on the motion offered by Ackerman Carson Eshoo Loebsack Putnam Van Hollen Aderholt Castle Etheridge Lofgren, Zoe Radanovich Vela´ zquez the gentlewoman from Guam (Ms. Akin Castor Everett Lowey Rahall Visclosky BORDALLO) that the House suspend the Allen Cazayoux Fallin Lucas Ramstad Walberg rules and pass the bill, H.R. 4199, as Altmire Chabot Farr Lungren, Daniel Rangel Walden (OR) amended. Arcuri Chandler Fattah E. Regula Walsh (NY) Baca Childers Feeney Lynch Rehberg Walz (MN) This will be a 5-minute vote. Bachmann Clarke Filner Mack Reichert Wamp The vote was taken by electronic de- Bachus Clay Fortenberry Mahoney (FL) Renzi Wasserman vice, and there were—yeas 368, nays 18, Baird Cleaver Foster Maloney (NY) Reyes Schultz not voting 48, as follows: Baldwin Clyburn Frank (MA) Manzullo Richardson Waters Barrett (SC) Cohen Franks (AZ) Marchant Rodriguez Watson [Roll No. 473] Barrow Cole (OK) Frelinghuysen Markey Rogers (AL) Watt Bartlett (MD) Conaway Gallegly YEAS—368 Marshall Rogers (KY) Waxman Barton (TX) Conyers Garrett (NJ) Abercrombie Braley (IA) Davis (CA) Matheson Rogers (MI) Weiner Bean Cooper Gerlach Ackerman Brown (SC) Davis (IL) Matsui Roskam Welch (VT) Becerra Costa Giffords Aderholt Brown, Corrine Davis (KY) McCarthy (CA) Ross Westmoreland Berkley Costello Gillibrand McCarthy (NY) Rothman Akin Buchanan Davis, David Berman Courtney Gingrey Wexler Allen Burgess Davis, Lincoln McCaul (TX) Roybal-Allard Berry Cramer Gonzalez Whitfield (KY) Altmire Burton (IN) Davis, Tom McCollum (MN) Ruppersberger Biggert Crenshaw Goode Wilson (NM) Arcuri Butterfield Deal (GA) McCotter Ryan (OH) Bilbray Crowley Goodlatte Wilson (SC) Baca Buyer DeFazio McCrery Ryan (WI) Bishop (GA) Cuellar Gordon Wittman (VA) Bachmann Camp (MI) DeGette McDermott Salazar Bishop (NY) Culberson Granger Wolf Bachus Cantor DeLauro Bishop (UT) Cummings Graves McGovern Sanchez, Loretta Woolsey Baird Capito Dent McHenry Sarbanes Blackburn Davis (AL) Green, Al Wu Baldwin Capps Diaz-Balart, L. McHugh Scalise Blumenauer Davis (CA) Green, Gene Yarmuth Barrett (SC) Capuano Diaz-Balart, M. McIntyre Schakowsky Blunt Davis (IL) Grijalva Young (AK) Barrow Cardoza Dicks Boehner Davis (KY) Gutierrez McKeon Schmidt Bartlett (MD) Carnahan Dingell Bonner Davis, David Hall (NY) Barton (TX) Carney Doggett Bono Mack Davis, Lincoln Hall (TX) NAYS—11 Bean Carson Donnelly Boozman Davis, Tom Hare Broun (GA) Gohmert Royce Becerra Castle Doyle Boren Deal (GA) Harman Campbell (CA) Hensarling Sali Berkley Castor Drake Boswell DeFazio Hastings (FL) Berman Cazayoux Dreier Flake Neugebauer Stearns Boucher DeGette Hastings (WA) Foxx Paul Berry Chabot Edwards (MD) Boustany DeLauro Hayes Biggert Chandler Edwards (TX) Boyd (FL) Dent Heller NOT VOTING—47 Bilbray Childers Ehlers Boyda (KS) Diaz-Balart, L. Herger Bishop (GA) Clarke Ellison Brady (PA) Diaz-Balart, M. Herseth Sandlin Alexander Johnson (IL) Rush Bishop (NY) Clay Ellsworth Brady (TX) Dicks Higgins Andrews Kaptur Sa´ nchez, Linda Bishop (UT) Cleaver Emanuel Braley (IA) Dingell Hill Bilirakis King (IA) T. Blackburn Clyburn Emerson Brown (SC) Doggett Hinchey Brown-Waite, Levin Saxton Blumenauer Cohen Engel Brown, Corrine Donnelly Hinojosa Ginny McMorris Schiff Blunt Cole (OK) English (PA) Buchanan Doyle Hirono Calvert Rodgers Shuler Boehner Conaway Eshoo Burgess Drake Hobson Cannon Meeks (NY) Simpson Bonner Cooper Etheridge Burton (IN) Dreier Hodes Carter Melancon Smith (TX) Bono Mack Costa Everett Butterfield Duncan Hoekstra Coble Murtha Boozman Costello Fallin Souder Buyer Edwards (MD) Holden Cubin Pearce Boren Courtney Farr Towns Camp (MI) Edwards (TX) Holt Delahunt Peterson (PA) Boswell Cramer Fattah Udall (CO) Cantor Ehlers Honda Doolittle Pickering Boucher Crenshaw Feeney Capito Ellison Hooley Ferguson Poe Udall (NM) Boustany Crowley Filner Capps Ellsworth Hoyer Forbes Pryce (OH) Weldon (FL) Boyd (FL) Cuellar Fortenberry Capuano Emanuel Hunter Fossella Reynolds Weller Boyda (KS) Culberson Foster Cardoza Emerson Inglis (SC) Gilchrest Rohrabacher Wilson (OH) Brady (PA) Cummings Foxx Carnahan Engel Inslee Hulshof Ros-Lehtinen Young (FL) Brady (TX) Davis (AL) Frank (MA)

VerDate Aug 31 2005 03:10 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.045 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6201 Frelinghuysen Loebsack Ross Gutierrez Peterson (PA) Simpson The Section 60 mothers come to Gallegly Lofgren, Zoe Rothman Hulshof Pickering Smith (TX) mourn their heroic children, and to Garrett (NJ) Lowey Roybal-Allard Johnson (IL) Poe Souder Gerlach Lucas Ruppersberger Levin Pryce (OH) Towns honor their sacrifice. They also come Giffords Lungren, Daniel Ryan (OH) McMorris Reynolds Udall (CO) to give each other support in their Gillibrand E. Ryan (WI) Rodgers Rohrabacher Udall (NM) time of grief. They look to each other Gingrey Lynch Salazar Meeks (NY) Ros-Lehtinen Weldon (FL) for comfort because the only person Gohmert Mack Sali Melancon Rush Weller Gonzalez Mahoney (FL) Sa´ nchez, Linda Miller (NC) Saxton Wilson (OH) who can really understand a mother Goode Maloney (NY) T. Murtha Schiff Young (FL) who has lost a child in war is another Gordon Markey Sanchez, Loretta Pearce Shuler Granger Marshall Sarbanes mother who has suffered the same loss. Graves Matheson Scalise ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Recently, National Public Radio Green, Al Matsui Schakowsky The SPEAKER pro tempore (during broadcast two stories about the Sec- Green, Gene McCarthy (CA) Schmidt the vote). There are 2 minutes remain- tion 60 mothers. In those stories, the Grijalva McCarthy (NY) Schwartz Hall (NY) McCaul (TX) Scott (GA) ing in this vote. Section 60 mothers talked about their Hall (TX) McCollum (MN) Scott (VA) b 1916 children. They also described how they Hare McCotter Sensenbrenner found each other and created a circle of Harman McCrery Serrano Mr. KINGSTON changed his vote support to help each other, to help Hastings (FL) McDermott Sessions from ‘‘yea’’ to ‘‘nay.’’ Hastings (WA) McGovern Sestak each other make it through another Hayes McHenry Shadegg So (two-thirds being in the affirma- day. Heller McHugh Shays tive) the rules were suspended and the Their words are heartbreaking, yet Herger McIntyre Shea-Porter bill, as amended, was passed. Herseth Sandlin McKeon Sherman also inspiring, because these mothers Higgins McNerney Shimkus The result of the vote was announced are American heroes, just like their Hill McNulty Shuster as above recorded. children. I’d like to share some of their Hinchey Meek (FL) Sires A motion to reconsider was laid on words with you today. Hinojosa Mica Skelton the table. Hirono Michaud Slaughter One mother placed flowers, balloons, Hobson Miller (FL) Smith (NE) f and cards on her son’s tombstone be- Hodes Miller (MI) Smith (NJ) PERSONAL EXPLANATION cause it was his birthday. She said, Hoekstra Miller, Gary Smith (WA) ‘‘These are our babies. When they have Holden Miller, George Snyder Mrs. JONES of Ohio. Madam Speaker, I Holt Mitchell Solis a birthday, this is what you do for Honda Mollohan Space missed three recorded votes. Had I been them, and this is what we still do for Hooley Moore (KS) Speier present, I would have voted the following way: them.’’ Hoyer Moore (WI) Spratt H.R. 3981—To authorize the Preserve Hunter Moran (VA) Stark Another Section 60 mother, whose Inglis (SC) Murphy (CT) Stupak America Program and Save America’s Treas- son died 2 years ago, said, ‘‘This is my Inslee Murphy, Patrick Sullivan ures Program, and for other purposes, ‘‘yea.’’ son, and I just cannot believe that he’s Israel Murphy, Tim Sutton H.R. 1423—To authorize the Secretary of gone. I don’t want him to ever be for- Issa Musgrave Tanner the Interior to lease a portion of a visitor cen- Jackson (IL) Myrick Tauscher gotten. It’s just in the last couple of Jackson-Lee Nadler Taylor ter to be constructed outside the boundary of months in fact that I have been able to (TX) Napolitano Terry the Indiana Dunes National Lakeshore in Por- say, ‘My son’s death,’ and even that Jefferson Neal (MA) Thompson (CA) ter County, Indiana, and for other purposes, Johnson (GA) Nunes Thompson (MS) sends a chill through me.’’ Johnson, E. B. Oberstar Thornberry ‘‘yea.’’ Another mother described the impact Jones (NC) Obey Tiahrt H.R. 4199—To amend the Dayton Aviation of her son’s death on her family. She Jones (OH) Olver Tiberi Heritage Preservation Act of 1992 to add sites said, ‘‘I look at my surviving children, Jordan Ortiz Tierney to the Dayton Aviation Heritage National His- Kagen Pallone Tsongas and it’s such heartache for me because Kanjorski Pascrell Turner torical Park, and for other purposes, ‘‘yea.’’ they’re in so much pain, and I can’t do Kaptur Pastor Upton f anything about it except just love Keller Payne Van Hollen Kennedy Pence Vela´ zquez SPECIAL ORDERS them. I can’t take their pain away. It’s Kildee Perlmutter Visclosky excruciating.’’ This mother’s son was Kilpatrick Peterson (MN) Walberg The SPEAKER pro tempore. Under killed on May 8, 2005. It was Mother’s Kind Petri Walden (OR) the Speaker’s announced policy of Jan- Day. King (NY) Pitts Walsh (NY) uary 18, 2007, and under a previous Kirk Platts Walz (MN) Another grieving mother said, ‘‘Our Klein (FL) Pomeroy Wamp order of the House, the following Mem- job is to protect our kids, and we would Kline (MN) Porter Wasserman bers will be recognized for 5 minutes do anything to do that. I feel like I Knollenberg Price (GA) Schultz each. should have just jumped across the Kucinich Price (NC) Waters Kuhl (NY) Putnam Watson f ocean and known that he was in trou- LaHood Radanovich Watt The SPEAKER pro tempore. Under a ble. It’s irrational, but it’s a mom.’’ Lampson Rahall Waxman previous order of the House, the gen- A mother whose marine son was Langevin Ramstad Weiner Larsen (WA) Rangel Welch (VT) tleman from Missouri (Mr. SKELTON) is killed in Iraq in 2005 talked about how Larson (CT) Regula Westmoreland recognized for 5 minutes. the mothers are supporting each other. Latham Rehberg Wexler (Mr. SKELTON addressed the House. She said, ‘‘We talk and we cry about LaTourette Reichert Whitfield (KY) His remarks will appear hereafter in the heartache. Our friendship has just Latta Renzi Wilson (NM) Lee Reyes Wilson (SC) the Extensions of Remarks.) been so incredible and different than Lewis (CA) Richardson Wittman (VA) f any other friendship that I have ever Lewis (GA) Rodriguez Wolf known because our sons are side by Lewis (KY) Rogers (AL) Woolsey HONORING THE SECTION 60 side in that same soil.’’ Linder Rogers (KY) Wu MOTHERS Lipinski Rogers (MI) Yarmuth Another mother whose son was killed LoBiondo Roskam Young (AK) The SPEAKER pro tempore. Under a in Iraq in 2005 said, ‘‘When we go to Ar- previous order of the House, the gentle- lington, sometimes we are holding the NAYS—18 woman from California (Ms. WOOLSEY) crying mother. And sometimes we are Campbell (CA) Johnson, Sam Moran (KS) is recognized for 5 minutes. Duncan King (IA) Neugebauer the crying mother. You never cry alone Flake Kingston Paul Ms. WOOLSEY. Madam Speaker, Sec- at Arlington. It’s a refuge for me. You Franks (AZ) Lamborn Royce tion 60 at Arlington National Cemetery cannot be strong all the time.’’ Goodlatte Manzullo Stearns is a very special place. It holds the Another mother described the first Hensarling Marchant Tancredo graves of soldiers killed in Iraq and Af- time she saw another mother in Sec- NOT VOTING—48 ghanistan. Section 60 also is the place tion 60. She said, ‘‘She was just crying Alexander Calvert Delahunt where a group of remarkable women and saying, ‘Our beautiful boys.’ We Andrews Cannon Doolittle come together on a regular basis. They just started walking toward each other Bilirakis Carter Ferguson are the Section 60 mothers, the moth- and we were crying so hard.’’ Broun (GA) Coble Forbes Brown-Waite, Conyers Fossella ers of the soldiers buried in that hal- A cousin of one of the soldiers told Ginny Cubin Gilchrest lowed ground. this story about her fallen hero. ‘‘He

VerDate Aug 31 2005 03:10 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.019 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6202 CONGRESSIONAL RECORD — HOUSE July 8, 2008 always wore a St. Christopher’s medal courage and for their selfless commit- rate in my State of California is 18 per- around his neck. When he died, they ment to duty. cent; in New York, 26 percent; in Wash- couldn’t find it. But on the day of the Again, I want to thank Speaker ington State, 21 percent; in Wisconsin, funeral, the colonel came up to my PELOSI and her staff for continuing to 16 percent; in New Jersey and Michi- aunt and said that they had found the make this remembrance a reality for gan, 21 percent. None of those States St. Christopher’s medal. When his body those who have sacrificed for our Na- have so-called Right to Work statutes. was thrown back by the blast, the St. tion and for their families. We, the In contrast, such right-to-work States Christopher’s and his dog tags were in House of Representatives, the People’s such as Texas, Arkansas, Utah and the hole that the bomb was in.’’ House, should never forget those who Georgia, have only 6 percent unioniza- Finally, one of the new mothers have given their life for this great Na- tion rates, and North Carolina, with its asked another mother if the pain of tion. Right to Work laws, has an only 4 per- losing a child in war ever goes away. May God continue to bless our men cent unionization rate. This mother had to say, ‘‘No.’’ and women in uniform, and may God Now, it can be alleged that those who Madam Speaker, we owe the Section continue to bless the families of our are in right-to-work States don’t need 60 mothers our deepest respect and men and women in uniform. And I ask unions. They enjoy great pay and great gratitude. They remind us that the war God to continue to bless America. working conditions. Well, let’s look at isn’t something that takes place thou- f the facts. The average worker in a so- sands of miles away. The wars in Iraq The SPEAKER pro tempore. Under a called Right to Work State makes and Afghanistan are happening to our previous order of the House, the gen- $5,333 less per year than a worker in a mothers and families right here in our tleman from Arkansas (Mr. SNYDER) is free bargaining State. That is a com- own communities in America every recognized for 5 minutes. parison of $35,500 on the one hand, with single day. (Mr. SNYDER addressed the House. $30,167 on the other. Some 21 percent So let us resolve to go to war only as His remarks will appear hereafter in more people lack health insurance in a very last resort. Every possible alter- the Extensions of Remarks.) Right to Work States as compared with native to war should always be com- free bargaining States. And as for f pletely exhausted before we send our workplace and safety, workplace great men and women into battle. That b 1930 deaths are 51 percent higher in States is the least we can do for them and the LEGISLATION TO REPEAL SECTION with so-called Right to Work laws. mothers they leave behind. 14(b) OF THE TAFT-HARTLEY ACT It is time that we repeal section f 14(b). It is time that we let unions or- The SPEAKER pro tempore. Under a ganize and time that we allow workers The SPEAKER pro tempore. Under a previous order of the House, the gen- who want to have a union, to enjoy previous order of the House, the gentleman from California (Mr. SHERMAN) that right. tleman from Texas (Mr. POE) is recog- is recognized for 5 minutes. I serve as the Chair of the sub- nized for 5 minutes. Mr. SHERMAN. Madam Speaker, in committee of Foreign Affairs Com- (Mr. POE addressed the House. His about a week, I will introduce legisla- mittee with jurisdiction over trade remarks will appear hereafter in the tion to repeal the infamous section issues, including the International Extensions of Remarks.) 14(b) of the Taft-Hartley Act and to rid Labor Organization. The ILO is the of- f this country once and for all of the so- ficial international organization affili- called Right To Work statutes in 21 or MOMENT OF SILENCE IN THE U.S. ated with the United Nations that sets 22 of our States. labor standards. It is clear that our HOUSE OF REPRESENTATIVES Now, section 14(b) of the 1947 Taft- TO HONOR FALLEN HEROES Right to Work laws violate inter- Hartley Act allows States to pass the national labor standards. The National The SPEAKER pro tempore. Under a so-called Right To Work laws, which Organization of Manufacturers ac- previous order of the House, the gen- strip unions of the right to charge fees knowledged this just a few days ago tleman from North Carolina (Mr. even when they negotiate the contract when they pointed out that while Right JONES) is recognized for 5 minutes. that the employee works under. to Work laws probably violate the ILO Mr. JONES of North Carolina. Section 14(b) has been controversial core conventions, we as a country have Madam Speaker, in May of this year I from its inception. It was vetoed by not ratified those core conventions. So introduced H. Res. 1183, a resolution President Truman. It became law only a country that should be in the fore- calling for the House to observe a mo- overriding that veto. What we have front of the world, in the forefront of ment of silence on the first legislative now is a network of different labor human rights, civil rights and labor day of each month for those killed or laws in different States that pits the rights, has in 22 of its States laws that wounded in the United States engage- workers in one State against another, violate the ILO core convention. ments in Iraq and Afghanistan. I am that pits businesses in one State It is time for America to stand in the very grateful that last month the against another, that creates an forefront of human rights, civil rights Speaker of the House initiated this mo- unlevel playing field for businesses in and labor rights. It is time to end so- ment of silence to honor America’s one State as opposed to businesses in called Right to Work. fallen heroes. It is my understanding another State. I urge my colleagues to contact me if that the Speaker will continue this So-called Right to Work is union they are interested in being original monthly observance during votes to- busting. It is that simple. Right to cosponsors of this legislation. morrow. Work strips unions of their ability to f I again thank Speaker PELOSI for require payment for the contract nego- making this tribute a part of the reg- tiation that they do. It is designed to SAVE OUR HEALTH CARE SYSTEM ular order of the House. This moment encourage free riders and to weaken The SPEAKER pro tempore. Under a of silence will serve as a solemn re- and destroy unions. previous order of the House, the gen- minder of the more than 4,000 killed Every worker benefits from the union tleman from Kansas (Mr. MORAN) is and more than 30,000 wounded in Iraq contract, but under so-called Right to recognized for 5 minutes. and Afghanistan, and a thank-you from Work laws, some pay absolutely noth- Mr. MORAN of Kansas. Madam a grateful Nation. During the month of ing to the union that negotiates that Speaker, it is easy to be in Wash- June, 56 United States servicemembers contract. That encourages others to ington, DC, making bold predictions were killed; 27 in Afghanistan and 29 in choose to pay nothing, and eventually and promises and then ignore the reali- Iraq. the union unravels. That is exactly ties right in front of our noses. Con- Madam Speaker, I am sure every what has happened in the 22 so-called gress’ failure to meet the July 1 dead- American shares my heart, which is right-to-work States. line to prevent the scheduled fee reduc- heavy for the sacrifice of these fallen Now, Right to Work States have sig- tions for Medicare providers is shame- heroes. We are grateful to all of our nificantly lower unionization rates ful and our failure to act has real con- men and women in uniform for their than do other States. The unionization sequences.

VerDate Aug 31 2005 05:09 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.051 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6203 Seventeen percent of the people I (Mr. DEFAZIO addressed the House. spread corruption in the United Na- represent are on Medicare, roughly His remarks will appear hereafter in tions before it was popular to do so, 114,000 people. Many of these citizens the Extensions of Remarks.) and he staked out clear conservative live in communities where there are f positions without having to consult a few doctors and few health care op- pollster. He was a one-of-a-kind leader REMEMBERING THE LIFE OF tions. If the available doctors stop see- who passed on conservative principles SENATOR JESSE HELMS ing Medicare patients, the health care to many, including me. But his cru- access for all Kansans will be severely The SPEAKER pro tempore. Under a sades were never just about him. Rath- damaged. We must prevent the sched- previous order of the House, the gentle- er, he fought for his country and the uled physician fee reductions from woman from North Carolina (Ms. FOXX) ideas that he knew made America going into effect, and I encourage the is recognized for 5 minutes. great. Senate to take up necessary legislation Ms. FOXX. Madam Speaker, I rise He said it best in his farewell address now. today to honor the life of Senator Jesse to the Senate: ‘‘Being remembered Just this week, I received a letter Helms. Senator Helms, who passed isn’t important. What is important is from a family physician back home. away this past 4th of July at the age of standing up for what you believe to be He, of course, expressed his frustration 86, was renowned for his considerable right, hoping that you have done ev- with our current Medicare system. personal warmth and his commitment erything you can to preserve the moral Here are his words: to the good of his constituents. So it is and spiritual principles that made ‘‘It is with mixed emotion that I am no surprise that in the days after his America great in the first place.’’ writing to inform you of my intent to passing, tales from his constituents Senator Helms’ death last Friday was leave my family medicine practice. I across the State of North Carolina paid a profound loss for America and for the have reached the point where I am no tribute to his decades-long track State of North Carolina. He served his longer willing to expose myself or my record of thoughtful constituent serv- country well, dispatching his duty to family to the risk of having to rely ice. stand up for what is right with upon an increasingly unreliable and But Senator Helms was so much unrivaled moral clarity. He will be poor source of income, Medicare. As a more than a good public servant. He missed, and today my thoughts and my small business with 12 employees, I was a man of integrity, and over the prayers are with his family and loved don’t have the margin to absorb others’ course of his 30 years of service in the ones as they grieve this loss and re- incompetence or our government’s ca- United States Senate, you could al- member a life well-lived. pricious reimbursement. I am not will- ways count on one thing: You knew f ing to be a pawn in an ideological chess where Jesse Helms stood on the issue. An outspoken conservative who was DECLARING ENERGY match in Washington, and therefore as INDEPENDENCE of today I will no longer accept Medi- never bashful about defending the con- care patients. servative principles of small govern- The SPEAKER pro tempore. Under a ‘‘I am considering a position in an ment and individual freedom, he was a previous order of the House, the gen- economically booming region in an- man who refused to compromise on his tleman from Indiana (Mr. BURTON) is other State that is nearly 95 percent principles. recognized for 5 minutes. private pay. What physician worth Senator Helms knew a conservative Mr. BURTON of Indiana. Madam their salt will continue in a system when he saw one. This is why he helped Speaker, I would like to say to the gen- that undervalues the work they do for propel Ronald Reagan to the national tlewoman who just spoke that I sure a patient population that is the most stage by orchestrating Reagan’s North share her admiration for Jesse Helms. I complex and the most time demand- Carolina primary victory in 1976. In so had the honor to work with him on leg- ing? doing, he helped prepare the ground- islation known as the Helms-Burton ‘‘Congress and the Medicare system work for the eventual Reagan Revolu- law, and I want you to know he was a are taking advantage of good-intention of the 1980s. wonderful man, a titan and a real con- tioned physicians who are more inter- As we remember the life of Senator servative, and the kind of man that ev- ested in caring for patients and uphold- Helms, we know we have lost one of the erybody in America could be proud to ing and honoring the Hippocratic Oath finest conservative statesmen of a gen- say that he was a Senator in the au- than lining their pockets. Even now, eration. Senator Helms believed that gust body on the other side of the writing this letter to you, I feel a sense America was the greatest nation in the building. of guilt as though I am betraying my world, and that belief informed his Let me just say briefly today that we Medicare patients. I have realized, principles and the policies that he ulti- just celebrated the 4th of July, known however, that it is not I that have be- mately pursued. For instance, he knew as Independence Day, and we celebrate trayed the elderly, rather Congress.’’ that a strong America would be a sign- that because we became an inde- When doctors close their practices, it post of hope for millions during the un- pendent Nation after the Revolu- creates a gap that is almost impossible certain times of global communist in- tionary War by winning that war and for us in rural communities to fill. fluence in the seventies and eighties. becoming not a colony of Great Brit- Congress must understand that we As a strident anti-communist, he ain, but a United States of America, an have a responsibility in making physi- fought to ensure America would be a independent country. Our Declaration cians want to continue to practice bulwark against the forces of oppres- of Independence. medicine, to not give them the reason sion and tyranny in the communist Now we are faced with another prob- to walk out their clinic or hospital corners of the globe. lem. It is called energy dependence. We doors and never look back. Congress Senator Helms was also an indomi- are dependent on Saudi Arabia, we are needs to look closely at our role in table champion of life. He believed in dependent on other countries in the these trends and make sure we are not the dignity of the lives of the unborn Middle East, we are dependent on coun- encouraging this situation by playing and fought with heroic energy to see to tries in South America like Venezuela politics with people’s health care and it that they might receive the protec- that are not friends of ours, and we their lives. tion they deserve. His pro-life legacy is ought to be moving toward energy I hope that the Senate will pass legis- still with us today. In fact, Senator independence. Any of my colleagues who were out lation this week that can keep our Helms successfully amended legislation marching in parades during the 4th of vital health care system in place and 35 years ago to include what is today July recess ought to know that the protect our most vulnerable citizens. known as the ‘‘Helms amendment.’’ This amendment, which is still in ef- people they were talking to on those f fect, mandates that no U.S. foreign aid parade routes were saying, hey, we The SPEAKER pro tempore. Under a money may be used to pay for or pro- don’t want gasoline at $4 or $5 a gallon. previous order of the House, the gen- mote abortions. We don’t need to have gasoline at $4 or tleman from Oregon (Mr. DEFAZIO) is Yes, Senator Helms fought for the in- $5 a gallon, because we can drill right recognized for 5 minutes. nocent unborn, he condemned wide- here in the United States and get

VerDate Aug 31 2005 03:10 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.057 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6204 CONGRESSIONAL RECORD — HOUSE July 8, 2008 enough oil or gas or other energy prod- tleman from Tennessee (Mr. DUNCAN) is the rate of $500 million a day, every ucts so we can be energy independent. recognized for 5 minutes. day, for our military ventures in Iraq All we have to do is start. Mr. DUNCAN. Madam Speaker, in and Afghanistan. In just a few short The problem is in this body and the the last 2 days there have been two years we will not be able to pay our So- other body on the other side of the major stories about comments made by cial Security and veterans pensions building, they will not move, the ma- the prime minister of Iraq. In the first, and all the other things we have prom- jority will not move on drilling here in he said that terrorism in Iraq has been ised our own people with money that the United States. We could drill in the defeated. In the second, the Iraqi prime will buy very much. ANWR in Alaska and get 1 to 2 million minister said he wants to negotiate a Evan Thomas in the June 23 issue of barrels of oil a day. We could drill off departure date for U.S. troops. Newsweek wrote, ‘‘American politi- the continental shelf and get 1 or 2 mil- Yet, because the Defense Department cians have gone to extraordinary lion barrels of oil a day. We have about has requested more money for Iraq this lengths to be seen as Churchill, not a 400 or 500 year supply of natural gas. year than any year of the war so far, Chamberlain, with results that have And we are not doing anything. We are you can rest assured that we will not not always been in America’s best in- not drilling. be leaving any time soon. This war has terest.’’ We are sending $400 or $500 million a always been more about money and He wrote that Saddam Hussein and day over to Saudi Arabia and to Ven- power than about any real threat to Slobodan Milosevic were frequently ezuela and South America for oil that the U.S. Saddam Hussein’s total mili- compared to Hitler. ‘‘But,’’ Thomas we could produce right mere in Amer- tary budget was only a little over 2/10 wrote, ‘‘the only real Hitler was Hitler. ica. It is costing us jobs, it is costing of 1 percent of ours. Saddam and Milosevic were murderers, us energy, it is causing food price As the conservative columnist Char- but at most local menaces.’’ hikes, the price of anything else that ley Reese wrote a few years ago: We at- Both parties are falling all over you buy that is transported by truck in tacked a country that had not at- themselves trying to prove their patri- this country, and the people going to tacked us, that had not even threat- otism, and thus are afraid to question and from work or paying $4 or $5 a gal- ened to attack us, and was not even ca- any Pentagon expenditure. And the De- lon or $70 or $80 or $90 for one tankful. pable of attacking us.’’ fense Department seems to know that b 1945 Now some are gloating about the suc- no matter how wasteful or inefficient They can’t survive. The economy will cess of the surge as if this somehow it becomes, that Congress will keep on continue to go down if we don’t do justifies all the deaths, all the injuries, giving it huge increases. something about these energy prices. and all the waste, fraud, and abuse of Where are the fiscal conservatives? And we are not going to do it until we previous years. Well, surely with the Where are those who will say that, allow this country to drill, this govern- expenditure of hundreds of billions of since the surge has been successful, we ment to drill in places like the ANWR dollars, there would be a few successes need to spend less money in Iraq, not and off the Continental Shelf, and use along the way. more? Where are those who supported the coal shale that we have here in It is not criticism of the troops to this war who will not back up the Iraqi abundance to produce our own energy. say that this was a very unnecessary prime minister and say it is time to We can do it. The people of America by war that we should never have been in, start bringing our troops home? about an 80 percent margin say drill in the first place. This war has meant Surely conservatives, who have al- now, drill in America, lower those gas massive foreign aid, huge deficit spend- ways been the biggest opponents of prices. And we are not doing it. ing, and has put almost the entire bur- world government, are not going to say We just celebrated our declaration of den of enforcing U.N. resolutions on we should keep on running Iraq and independence from Great Britain. It is our taxpayers and on our military. It simply stay there forever regardless of high time we had a declaration of inde- has gone against every traditional con- how the Iraqis themselves feel. pendence regarding our energy. We servative position I have ever known. At some point we need to start put- need to drill here in America, we need The Democrats recently passed a ting our own people first once again. to drill in the ANWR, we need to drill budget raising our national debt limit At some point, Madam Speaker, we offshore and become energy inde- to $10.5 trillion. We are still borrowing need to stop borrowing hundreds of bil- pendent. It is time. And I hope all of staggering amounts of money, and this lions to spend in other countries, and my colleagues will sign my good friend, war has been our largest single ex- take care of our own people. Mr. WESTMORELAND from Georgia’s pe- pense. The Defense Department, like f tition over here that will let everybody any giant bureaucracy, always wants BLUE DOG COALITION know in this country, all of their con- more money, yet we simply cannot af- stituents know that they are com- ford to keep spending at the rate our The SPEAKER pro tempore. Under mitted to drilling in America to get en- military leaders want. the Speaker’s announced policy of Jan- ergy prices down. Georgie Anne Geyer, the conserv- uary 18, 2007, the gentleman from Utah He is going to take a one-hour special ative foreign policy columnist, wrote a (Mr. MATHESON) is recognized for 60 order here pretty quick telling every- few months after the Iraqi war started minutes as the designee of the major- body why we should be drilling here in that, ‘‘Americans will inevitably come ity leader. America. So if I were talking to people to a point where they have to choose Mr. MATHESON. Madam Speaker, I across this country, Madam Speaker, I between a government that provides am very pleased to be able to organize would say call your Congressman, call services at home or one that seeks em- a special order this hour on the part of your Senator, and tell them to sign Mr. pire across the globe.’’ the Blue Dog Coalition. The Blue Dogs WESTMORELAND’s petition so we can This war has already become the wanted to take advantage of this op- move toward energy independence. It is most expensive and wasteful war in portunity tonight to speak about en- high time. We should do it now. American history. There has not been ergy policy issues. f anything fiscally conservative about I think that there is no doubt that The SPEAKER pro tempore. Under a the war in Iraq. In fact, there has been when it comes to domestic policy previous order of the House, the gen- so much waste of money, so much issues that this country faces, that en- tleman from Alabama (Mr. BONNER) is fraud, so much excessive and lavish ergy policy is right at the top of the recognized for 5 minutes. spending that fiscal conservatives list. I think it is clear that this coun- (Mr. BONNER addressed the House. should be the ones most upset about all try should be looking for a comprehen- His remarks will appear hereafter in this. sive balanced energy policy, and I the Extensions of Remarks.) According to the Government Ac- think that represents the type of poli- f countability Office, we already have $53 tics the Blue Dogs in the House of Rep- trillion to $54 trillion in unfunded fu- resentatives have often supported. IRAQ ture pension liabilities on top of our We have a number of issues that we The SPEAKER pro tempore. Under a national debt, and this figure is going really want to work through tonight, previous order of the House, the gen- up every day. We are now spending at and I have a number of my fellow Blue

VerDate Aug 31 2005 03:10 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.060 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6205 Dog colleagues who are going to join mate this will lower gas prices any- Coalition, which is using some of the me during this hour to talk about var- where from 5 cents to 24 cents, and this time tonight, and I appreciate my col- ious energy policy issues. And I would just went into effect this past week and leagues being here to discuss the en- like to start right now by recognizing hopefully we will see some real lowered ergy situation in our country. my colleague from the State of Lou- costs at the pump very shortly. Shortly after the last election when isiana, one of the newest Members of Also, I personally voted for an in fact there was a change in the ma- the House, and someone who is pre- amendment to the Congressional Budg- jority in the House and the Democrats pared to really contribute on this et Resolution that would open up drill- took control, the cochairs of the Blue issue, Representative CAZAYOUX from ing in ANWR and the Outer Conti- Dog group and a group called the New Louisiana. nental Shelf. Democratic Coalition, which I also be- Mr. CAZAYOUX. Madam Speaker, I We as a body passed the Gas Price long to; I am not in the leadership gladly join Congressman MATHESON in Relief for Consumers Act, and that al- there, but I have belonged to that since our discussion regarding a balanced lows the Justice Department to inves- I have been in Congress for my tenth comprehensive energy policy that the tigate foreign oil companies who con- year now, we were invited over to Blue Dogs such as Congressman spire to drive up prices for American speak to the President about policy. MATHESON and others support. consumers. And this was the first time that we had I believe that the high price of gaso- We passed the Renewable Energy and been invited over to speak about pol- line is an immediate problem that re- Job Creation Act of 2008, which will icy. We had been invited for several quires both swift action and long-term help reduce our dependence on foreign other ceremonial things, but not about oil by providing tax credits for renew- planning. It is the number one issue policy. So I really appreciated the op- able energy, including solar, biomass, facing America today. It is one that portunity to talk with the President. geothermal, hydropower, and wind. We hits home every time that we fill up In fact, the four leaders of the Blue need to be aggressive in making sure our vehicles to go to work, when we at- Dog group met up in my office to talk that we harness the technological en- tempt to go on summer vacation, and about some ground rules since we only ergy of our Nation, and this bill goes a even when we go to the store to buy had a 45-minute meeting with the long way in doing that. food. President. So we talked about how long I support expanding domestic drilling We passed the Energy Markets Emer- gency Act, which directs the Com- we would take each if we had a chance in the Outer Continental Shelf and in to talk at all, and we decided we would ANWR. This will not only reduce our modity Futures Trading Commission to use all its powers, including emer- each take about 2 minutes. And we dependence on foreign oil and lower gas talked and went through our items prices, it will help our economy and gency powers, to determine whether excessive speculation in energy futures there. create jobs. In fact, in Louisiana it was But when we were leaving after this recently announced that a new oil markets is driving the price of oil up. We passed the farm bill, which in- 45-minute meeting, the President was lease in the Gulf of Mexico would gen- cluded a strong provision for biofuel walking beside me. We were walking erate $78 million for Louisiana to reproduction. And we know, the experts out the front door of the White House, store its coast. suggest that, without the use of and I said, ‘‘Mr. President, you have an I believe that one of the root prob- biofuels, we would see gas prices 15 per- opportunity to be a hero to people in lems of the high price of gasoline is our cent higher than they are now. this country and maybe a few people outdated refining capacity. That is The bottom line is we need to work around the world.’’ And he said, ‘‘Well, why I support building new and im- hard to create energy independence. how is that?’’ proved refineries and updating old That work must start today. In the I said, ‘‘Mr. President, do you re- ones. We haven’t had a new refinery words of one of my constituents: These member, a little more than 30 years built since 1972. We have to do a better cars just won’t run on hope. ago there was a man on television one job at allowing companies to build So we need to act to continue to in- night talking to the American people these refineries and incentivizing com- crease domestic drilling, to increase about the long lines at the gas pumps. panies to build refineries so that we our ability to harness our techno- He had a cardigan sweater on sitting in can expand our refinery capacity and logical energy that America has suc- front of the fireplace. His name was stop importing refined gas and refined ceeded in solving most of our problems Jimmy Carter.’’ And the President oil. and all of our problems in the past. said, ‘‘I remember that.’’ I said, ‘‘Mr. In addition to the issue of supplying And so we need to bring relief to hard- President, President Carter said what gas prices, a strengthening economy working Americans by reducing gas we need is a comprehensive energy pol- and subsequently a strengthened dollar prices now. icy.’’ will also go a long way to improving Mr. MATHESON. I thank my col- And, you know, President Carter was fuel prices. I believe, and the experts league. And I appreciate the fact that right then, and I have faulted every support this, deficit spending is one of my colleague from Louisiana high- Democratic and Republican President the root causes of our reduced dollar, lighted the notion that there is not a since President Carter for not doing and that is playing a huge role, I be- single action that we need to take; what he said we needed to do back lieve, in the price of oil and the subse- that in fact we need a comprehensive then, because that was the right thing. quent price of gas in our economy. If effort, we need to look at a series of And what happened was President we can start spending within our different opportunities to try to ad- Carter made a few recommendations to means in Congress, we believe that the dress both the supply and the demand Congress, and Congress passed a couple dollar will become a stronger dollar, side. And I appreciate his leadership on little things like the solar panels tax we can buy more foreign oil, because the issue and want to thank him for credit and a few other things. But a few we are now importing 60 percent of our joining us in the Blue Dog hour. months after President Carter talked oil, we can do that in a more effective Right now I recognize my colleague to the American people, the long lines way and, therefore, the price of gas from Kansas, a long-time Blue Dog, at the gas pumps went down, and I should go down. Congressman MOORE. have said that every American adult in But the talk of drilling, we should (Mr. MOORE of Kansas asked and this country got attention deficit dis- not stop there. That approach is a nar- was given permission to revise and ex- order and forgot about what he said. row approach. It is an approach I sup- tend his remarks.) port, but it is not the end all. We have Mr. MOORE of Kansas. Madam to have a multi-pronged approach to Speaker, I thank the gentleman from b 2000 reach energy independence and secu- Utah, thank you for presiding here. I And I wish we had done that back rity in the long term as well as the want to talk for just a few moments then, and I wish we had done that and short term. That is why we voted to in- about this energy crisis that our coun- had concentrated on that every year crease the oil supply by temporarily di- try faces. since then because we’d be in a whole verting oil shipments from the Stra- Madam Speaker, I am the policy co- different position as a Nation on the tegic Petroleum Reserve. Experts esti- chair for a group called the Blue Dog energy issue right now in this world.

VerDate Aug 31 2005 03:10 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.064 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6206 CONGRESSIONAL RECORD — HOUSE July 8, 2008 I said, Mr. President, if you would do electric, geothermal, coal, and biofuels. that Bush One chose to shut down drill- what President Carter said and ap- If we’re really going to take this issue ing near the coast of Florida. That was point, I suggested to him, a commis- on, we’ve got to look at it in that com- a mistake. They’re drilling much clos- sion, a bipartisan group of House Mem- prehensive manner. er to the coast in Alabama than they bers, a bipartisan group of Senators Again, the Blue Dogs have adopted a are in Florida today because of an ex- and some experts on energy production set of principles that recognize the ecutive order issued by former Presi- and challenge them, Mr. President, to value of a diverse fuel mix within this dent Bush, often referred to as Bush 41, submit to you within 6 to 8 months a country as a long-term solution of cre- I believe. written recommendation of a com- ating energy security for this country. So this is not a Democrat or a Repub- prehensive policy for developing energy With that, I now would like to wel- lican problem. I think both parties, to make us maybe not totally energy come another fellow Blue Dog to speak, quite frankly, have some blame to independent but to reduce by 60 per- who is a fellow member of the Energy share here, but we don’t have a Demo- cent, say, within 8 to 10 years our de- and Commerce Committee and who is cratic energy problem or a Republican pendence on foreign oil, Mr. President, cochair for communications for the energy problem; we’ve got an American that would improve our national secu- Blue Dogs in this Congress—Congress- energy problem, and we need to fix it rity. Right now, we are so dependent on man ROSS from Arkansas—who has in as a Congress. I think it would be most nations in the Middle East to provide his years in Congress been a real leader helpful if we did it, quite frankly, in a our security, our energy interests to on trying to address energy issues in bipartisan way. us, that that is a security issue. this country. I welcome him to partici- I’m not talking about drilling off the I said, Mr. President, I think drilling pate in this discussion. coast or in ANWR and utilizing 1940 or is an important part of this, but we With that, I will yield to him as 1950 technology, not even utilizing 1990 cannot drill our way out of this prob- much time as he would like to con- technology. I’m talking about doing it lem. We have got to come at this from sume. while utilizing 21st century technology Mr. ROSS. I’d like to thank the gen- 40 different directions. I said, Mr. that can allow us to do it, to reduce tleman from Utah for leading this dis- President, Kansas is in the top five our dependence on foreign oil and yet cussion this evening on energy. remain good stewards of this environ- States in the Nation in terms of poten- As the gentleman mentioned, I’m for- ment, of this land that God has given tial for wind energy. We’re not going to tunate to serve on the House Energy us to care after. solve our energy problem by wind en- and Commerce Committee and on the Then there are the lease and royalty ergy alone, but it can be a small part of Energy and Air Quality Subcommittee. payments from drilling in those areas. a big solution to this problem. If we Through my work there, I’ve been By drilling in those areas, we meet our come at this from 40 different direc- working on ways to reduce our depend- short-term oil needs. We’ve got some tions, including conservation, includ- ence on foreign oil and to address this great ideas. I’ve actually test-driven a ing just all kinds of different produc- energy crisis facing America and, quite hydrogen fuel cell car. You can drive tions of energy, we could address this frankly, facing the world, and I think it. It sounds like an electric golf cart, for the American people, and you there are several ways to do it. would be a hero to people in this coun- There is no silver bullet. It’s going to and it runs like a regular car, and when try. take a multifaceted approach. As Con- you stop, if you jump out and run to He said that’s a good idea. I’ll think gress, we can’t control the demand for the tailpipe with a clean glass, in time, about that. oil in the world, but as a Congress, we it’ll pour you a half a cup of water. Well, unfortunately, he has got about can make an impact on the supply, and They tell me you can drink it. I didn’t 4, 5, 6 months left in his administra- that’s what I believe that this Congress try, Madam Speaker, but they say you tion. I doubt seriously that anything is needs to do. can. going to happen there now. He and the Here is what we do know: In the next I mean these are not Star Wars-ish Vice President have been good friends, 8 years, there will be 100 million new ideas. These are not ideas of the next frankly, to oil companies, so I doubt cars on the road, 100 million new cars century or of the next generation. anything is going to happen there now, on the road in the next 8 years, not They’re here, but we need an energy but after this next Presidential elec- here but in China and in India. policy that embraces them and that tion, whoever is elected, whether it’s Here is the other thing we know: If moves them from the science lab to OBAMA or MCCAIN, we need to ask him we do not change our current energy every street corner in America where to do what President Carter talked policy in this country, sometime in the you see a gas pump today. about 34, 35 years ago. That is to ap- next 12 to 20 years, depending on whose So my bill does this: It says drill in point a commission. Come back with a numbers you want to believe, we will ANWR, utilizing new environmental national plan for reducing our depend- go from being 60 percent dependent on technology. Drill off the coast, uti- ence on foreign oil. foreign oil to being 100 percent depend- lizing new environmental technology. We can drill, but that’s not going to ent on foreign oil. Then the revenue from the lease and solve the problem in itself. If we do I’ve got a plan that, I believe, can go royalty payments, it’s estimated, will what I’m talking about here, what a long way toward fixing that. While total $80 billion. I want to take that $80 President Carter talked about, I think we have a gasoline crisis today, in the billion and put every dime of it into al- that would be the right thing for our next 35 years, it will be an electricity ternative and renewable fuels to move Nation and the right thing for our crisis. I’ve got a bill, H.R. 5437. It’s these ideas from the science lab to the world. called the American-Made Energy Act. marketplace. Mr. MATHESON. Well, I thank the It’s 155 pages long. It’s a multifaceted This year, this administration will gentleman from Kansas for his bill that takes a multifaceted approach spend less than $4 billion on alter- thoughts, and I appreciate again the to this energy crisis. Again, there is no native and renewable fuels. Now, for a introduction of the notion that we need silver bullet. Quite simply, my bill country boy from Hope, Arkansas, $4 a comprehensive approach. does this: billion sounds like a lot of money, but There is just not one silver bullet I propose that we drill in ANWR. to put it in perspective, we will spend that’s going to solve this circumstance. There are 19 million acres in ANWR. that amount in Iraq in the next 10 It really is consistent with what the My bill proposes to drill on 2,000 of days. Bill Gates will spend twice that Blue Dog energy principles that were them—one-sixth the size of the Dulles amount on research and development adopted at the start of the 110th Con- Airport. We’ve already got a pipeline for Microsoft Corporation alone this gress say about fuel diversity, the rec- going to Alaska, to ANWR, that can year. When President Kennedy said he ognition that long-term U.S. energy handle 2 million barrels a day; we’re was going to put a man on the Moon, independence is going to come from only putting 1 million in it. Let’s fill it he didn’t just say it; we invested in it. putting everything on the table, every- up and put the other 1 million barrels In today’s dollars, it was $90 billion, thing from conventional oil and gas in it. and we did so much more than put a and from alternative sources such as Additionally, we can drill off the man on the Moon. We grew a new gen- oil shale and tar sands, nuclear, hydro- coast. In fact, it was by executive order eration of innovators in this country

VerDate Aug 31 2005 03:10 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.066 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6207 who have created and who have in- away, but here is an impact because, demand and our dependency on oil. vented a lot of the technologies that with all of that increased debt, we’ve Oil’s not in our future if we’re going to we’re now beginning to take for grant- had to borrow so much money as a have one. If we continue with oil, this ed. country that we’ve weakened our cur- earth is going to eventually burn up. It’s time for another President Ken- rency relative to the rest of the world. We’re getting to that point now. It is nedy ‘‘let’s go to the Moon’’-sized in- Therefore, because that’s how it’s trad- the oil and other matters that are vestment and, this time, with alter- ed all over the world, the price of oil on causing global warming at such an epi- native and renewable fuels so we can a dollar-per-barrel basis has gone up a demic rate that even if you drill for reduce our dependence on foreign oil. lot. more, that creates more demand. And That’s exactly what I try to accom- So I wanted to introduce this con- drilling is where we are now. That is plish with the American-Made Energy cept, which is very appropriate within not where we need to go for the future. Act, H.R. 5437. a Blue Dog Special Order hour here on We have got to erase the high de- I’d like to thank the gentleman from the floor of the House of Representa- mand or else we’re going to be in a Utah for allowing me to come and to tives, to talk about the linkage be- footrace with China and India. If we speak on my bill for a few minutes this tween the need for fiscal responsibility continue at our pace on our current de- evening, and I appreciate his leadership and how it affects energy prices, which mand for oil, it will go up 22 percent in on these energy issues. is something that, I think, ought to be the next 10 years, China’s will go up 160 With that, I yield back to him. part of this debate as well. percent, India 110, and developing coun- Mr. MATHESON. Well, I thank my With that, I’d like to yield time to tries in the Middle East will go up 125. colleague from Arkansas for spending another one of my fellow Blue Dogs, Increase. The more oil you drill for, the time with us this evening but also for another individual who is very more the demand, the higher the price. trying to take a thoughtful and com- thoughtful and measured in his ap- Let me tell you something that hap- prehensive approach. That’s really proach, and that’s the type of approach pened. Just before we left, in Jidda in what Blue Dogs are about. I think we we need for a comprehensive energy Saudi Arabia they had a conference. really try to discuss items in the con- policy. He is my colleague Mr. SCOTT And at that conference, Saudi Arabia text of policy. from the State of Georgia. said, Okay. I tell you what. We’re going I’d just like to introduce one other Mr. SCOTT of Georgia. Thank you to increase during the month of May factor into this discussion about the very much, Mr. MATHESON. I certainly by 300,000 barrels per day. Then in July high gas prices that we face today and want to thank the gentleman from and June, last month, they added an- what we can do in terms of the price of Utah for allowing me to share a few other 200,000 barrels a day, increase, be- oil, and it’s consistent with what Blue thoughts on what, I think, is the most cause we felt the more the supply, then Dogs talk about a lot. People probably urgent issue facing, really, the survival we’d lower the price. No, no, no. Less didn’t think I’d raise the issue of fiscal of the world, not just that of our coun- than 24 hours. That happened on a Sun- responsibility relative to oil prices, but try. I’d like to talk about this from an day. That very Monday, when the first it turns out that there is a significant additional perspective. market opened in Singapore, the price relationship here. It has to do with the This issue is rolling along on about went up from $134 a barrel to $137, and fact that, during the current adminis- four or five major legs. One is supply. now it’s rolling along at $145. Does tration, so much more money has been Another is the weakened dollar, of more oil, does more production, does it borrowed. which you spoke. Another is do we do drive it up? It creates the demand. When our current President took of- more drilling. Then this other of which fice, the national debt was around $6 we have not dealt as we should, of So what do we do? We’ve got to move trillion. We’re approaching $10 trillion which I believe is that leg of which we forthrightly on getting off of oil, get- now. $4 trillion just in the last 71⁄2 have to deal if we are going to really ting off of dependency on it. We’ve got years. Do you know what that has done address the issue facing the American a great chance to do that. We have the among many other things? It has cre- people, is the high price of gasoline. means to do it. There is no country ated a weaker dollar. Now, oil is a glob- That leg is called demand. We’ve got that has the technology, that has the al commodity. It’s traded all over the speculators who certainly need to be smarts to be able to get alternative world, and it’s traded under one cur- reined in, and we’re doing that. sources of energy to survival. rency, and that’s the U.S. dollar. That I serve on the Agriculture Com- If Brazil can do it, why can’t we? I weaker dollar means that oil costs mittee. We’ve had the Commodity Fu- went down to Brazil last year, spent a even more for us in this country than tures Trading Commission under Chair- week down there going into the fac- it does for other countries with strong- man Lukken to come before our com- tories, into the production plants, and er currencies. mittee. We want to make sure that we 85 percent of their automobiles are run- I’ve brought with me tonight this give him the resources and all that he ning on what is called flex fuel. In chart to graphically demonstrate the needs to bring title regulation and other words, ethanol made from sugar- relationship, according to the Energy transparency. We need to look at issues cane. Why can’t we do that? No. We Information Administration, between like swapping where these traders use blindly want to go with ethanol, but we the lower dollar—the weaker dollar— others’ pension funds to trade among want to go make it on corn. and how much the price has gone up in themselves with little oversight. We For every unit of energy that it terms of dollars per barrel. It’s pretty need to close the Enron loophole. We takes to produce a unit of ethanol from self-evident that we had a strong dollar need to make sure that everything sugarcane, they can only yield less— for a number of years. Then in the trading with oil is done in the light and they yield 8 units of energy. That’s a early part of this decade, as the debt not in foreign exchanges that have great yield. With corn, for every energy started to increase, the value of the very little regulation. All of that needs it takes to produce it they can only dollar dropped precipitously, and the to be done. produce less than 2 units of energy. It’s price of oil went up at the same time. not efficient. Plus, it drives up the It’s not the only factor associated b 2015 price on food because corn is the basic with how expensive oil is in the world Speculation and speculators play a for livestock. So corn ethanol is not today, but clearly, in all of the discus- vital role as well. So that we have to the future. Nor should it be on any sion that we’ve been having about why make sure that whatever approach we basic food. the oil price is so high in the world, in take there, that’s a part of the infra- my opinion, this particular issue has structure. And still we’re not address- But now our technologies say we can not received much attention. ing the issue facing the American peo- make ethanol from kudzu, from pine The Blue Dog Coalition has this fun- ple until we address the issue of de- straw, from pinecones, and yes, sugar- damental principle about balancing mand. cane. budgets and about living within our The only way we’re going to bring Now I ask you, here is a question means. We tell people that you may down the price of oil, and subsequently that we need to ask and the American not see the impact of this debt right the price of gasoline, is to reduce our people need to ask Congress. Why can’t

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And why is it that we have and I think my colleague, Mr. SCOTT, South Dakota, an at-large district, a a 54 cents-per-gallon tariff on every really touched on two of the important very rural district, as many of the Blue gallon of ethanol we would import from components of those principles. Dogs represent rural districts, the im- Brazil? It doesn’t make sense. Why The first is that the Blue Dogs be- pact of these high gas and oil prices are would we not want to import ethanol lieve in the value of technology devel- having a disproportionate effect in made from sugarcane, the most ener- opment, and energy policy should build many respects on my constituents who getic, the most productive kind of eth- on American strengths. One of the anol, into this country from Brazil to great things about this country is its have to drive great distances to work, offset the loss from importing oil from ability to innovate. Research and de- who have to drive great distances to there as we build up our own capacity velopment capability of this country get children to school, who have to put for ethanol? surpasses any place in the world. nitrogen fertilizer on crops, and who And let me just share with you what Whenever this country has applied have to use great amounts of diesel and we’re doing in my great State of Geor- itself to solve a problem, it succeeds so gasoline to plant and harvest those gia. Georgia is at the leadership—and I well. And that type of innovation is crops to maintain a safe, abundant would like to say, Mr. MATHESON, in what is going to allow technology to cheap food supply. my own district in Clayton County, for take us to a different place than we are So much has been made in recent example, we have in Clayton County in today. weeks of high commodity prices. We Ellenwood, a plant that makes bio- And I think Mr. SCOTT discussed just recently passed the farm bill. diesel fuel. And you know what they some of those potential technologies in Overrode the President’s veto twice to make it from? Not oil, not petroleum. which he’s familiar, and there is no pass a farm bill that preserves the safe- They’re making it from the fatty parts question in the long run, if we are ty net. And as people point to those that you throw away from the chickens going to get to a position where this high commodity prices and think that and from pork. And they’re taking it. country is not as dependent on foreign farmers and ranchers have never had it And this year, this plant, it’s called the oil, we need technology to take us to a better, one thing that I would hope BullDog BioDiesel—you can tell we’re new place in terms of particularly how that my colleagues, Madam Speaker, from Georgia because it’s the ‘‘Bull our transportation and infrastructure would keep in mind is that nitrogen Dog’’—but it’s the BullDog BioDiesel are going to operate. fertilizer, which depends on natural And the second Blue Dog energy prin- plant in Ellenwood. They will produce gas, is an essential ingredient, and the 18 million gallons of biodiesel fuel. ciple I think Mr. SCOTT touched on high cost of gas and diesel are the And it is not going to have to go on very well is this notion of efficiency. input costs that are dramatically high- the world market like oil would. That’s You know, if you can do more with another thing we need to clarify be- less, we all win. We use less energy, we er than they’ve ever been, that cuts cause people think if we were to drill save money, it’s good for the environ- into any profits, dramatically, that and get oil, that that oil will come ment. Energy-efficient technologies farmers and ranchers may be experi- straight on back here and it stays in and energy conservation are other encing now that they’re finally getting this country. No. That goes to the pieces to this puzzle. decent commodity prices that are sav- world oil market and comes out at $145 I think an overriding thing we’ve ing taxpayers dollars because those are a barrel if it was today. The price is said throughout this discussion tonight higher than the target prices and loan there. is that there is no single option here. rates that we’ve set into law. And So my point is this: We need to un- There is no silver bullet. We, as Blue therefore we aren’t making counter- derstand that we are at a critical point Dogs, support the furtherance of en- cyclical payments and loan deficiency in our history, quite honestly, as a civ- ergy-efficient technologies. We think payments to farmers across the coun- ilization, and America must lead in that we can continue to make progress try because they have another buyer this direction, and that leadership and push the envelope and that, again, for that grain rather than just one means cutting this demand and depend- as a country that leads the world in in- buyer putting it on the export market ency on oil and moving to renewable novation, we can also lead in terms of at a lot less than the cost of produc- areas. We’re already moving with the continuing to be more efficient in how tion. battery cell automobile. Why can’t we we use energy. That other buyer is the local ethanol put greater emphasis on those things Again, I thank Mr. SCOTT for his plant. And as my colleague from Geor- and those items? comments. As usual, very consistent gia pointed out, we know that we’re And as I said, we certainly have to with Blue Dog principles, and again, it just maybe less than 2, 3 years away look at ethanol as a future because it helps further this debate about how we from the technology available to make would make up for the shortfall we ought to move ahead in our national commercially available not just corn would get once we are able to cut our energy policy. ethanol and the dramatic increases dependency on oil, especially from the With that, I would like to recognize we’ve seen in the improvements and Middle East. another of my fellow Blue Dogs, some- the production process to make the ef- So I think that among all of the one who has invested a lot of time and ficiencies in the production process other things that we’ve got to do, and effort to develop an understanding of even better, but cellulosic ethanol. Cel- there are many things we’ve got to do, the energy issues and is a real sub- lulosic ethanol that can be developed but essentially it comes down to the stantive contributor to the policy de- in every region of the country given bottom line: You want the price of gas- bate, and that is my colleague from biomass sources, given other nonfood oline to go down? You want the future South Dakota, Representative and feed crops that can be grown in of the world to go up? Then what you HERSETH SANDLIN. every region of the country. And it’s do is you’ve got to cut the demand on I will yield her as much time as she the importance of those technologies that petroleum as a base of energy and may consume. that can only be facilitated by the fi- move to another base of energy that Ms. HERSETH SANDLIN. I thank nancing and some of the loan guaran- does not threaten our economy or our the gentleman for yielding, and I thank tees that we’ve recently passed, but the environment. him for his leadership on the Energy Mr. MATHESON. Well, I thank the and Commerce Committee and in other financing and the private market that gentleman from Georgia for his capacities and with the Blue Dog Coali- are essential. thoughtful comments tonight. And it is tion on energy issues. Which is why I strongly argue that, no surprise. He’s always been someone And in citing our energy principles Madam Speaker, that it’s not corn eth- who tries to understand issues well. His that the Blue Dogs stand by, we have a anol that should be blamed for high

VerDate Aug 31 2005 03:10 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.068 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6209 food prices; it is the high cost of en- leum Reserve is yet another tool that taken, and one of them is going to bear ergy, which is the focus of our discus- we need to consider using as we move fruit in the long run. We’re not going sion here tonight, and the transpor- forward to give some relief to con- to see a result right now. It’s a process tation and the production and the mar- sumers at the pump. that came out of the Science Com- keting of the food to Americans across We passed a bill that looks at the mittee, of which I’m a member. the country. We need corn ethanol as a issue of how many leases are currently The chairman of that committee, Mr. bridge to cellulosic ethanol. And that outstanding and how many millions of GORDON, another Blue Dog, pursued a is where the financing will follow, acres perhaps where there is natural really aggressive effort to invest in that’s where the capital will follow to gas and oil where we can facilitate pro- basic research, in R&D, tried to put get us to second-generation ethanol duction of those sources on public Federal funding out there to really get production. lands. things going in a more aggressive way And we also have to look at other But we also know, as I stated, that than it has in the past. He created a sources that currently aren’t available. we can’t be taking energy sources off program called ARPA–E. It’s designed For example, woody biomass off the na- the table, and we have to be looking at after a previously created program tional forests which, in my opinion, where else, whether it’s in the deep- within the Defense Department that’s should be able to be used for cellulosic water gulf or other parts of the Outer called DARPA, which created a lot of ethanol production. It not only reduces Continental Shelf, elsewhere on public research that’s helped us with tech- the wildfire hazard based on the haz- lands, where it can make sense both nology advancements in the defense ardous fuels that are lining the bot- economically and from an environ- arena. And this legislation created a toms of our forests, but it is a proven mental perspective to be able to ex- comparable effort in the energy policy technology for a use for cellulosic eth- tract those resources, particularly nat- arena, and our Blue Dog colleague, Mr. anol. If we don’t use it, it sits there and ural gas, which does not pose the same GORDON, has been a real leader on that. rots and releases methane into the at- types of environmental problems in And that is another action this Con- mosphere, which is worse than carbon, drilling on the OCS. Although I think gress has taken that is an important or it burns and releases carbon into the that technology, again, has brought us step to take. And I know we’re frus- atmosphere. to a point that can minimize those trated by $4 gas today, and that pro- types of spills. The oil shales that we b 2030 gram, the ARPA–E program, is not know exist in a number of States, going to reduce the price of gas next So the bottom line—and I think this whether it’s in Utah, Wyoming, Colo- month. I understand that. is back to the Blue Dog principle of di- rado, and of course, the other States, But the point is there are a series of versity of fuels—we shouldn’t be so working with our trading partners and steps we need to take. There’s some quick to take energy sources available allies to our north in Canada as it re- short-term, some mid-term, some long- domestically off the table. We lates to a natural gas pipeline, as it re- term strategies, but we need to put shouldn’t be reluctant to reevaluate lates to oil pipelines that are being them all on the table now. We need to long-held positions on a particular en- sited and under construction across do what we can do to make progress on ergy source in light of new tech- South Dakota, to be able to get more this issue. nologies that can help us extract re- oil into the Midwest where we often- The second point that my colleague sources in an environmentally sound times are at a disadvantage in being at from South Dakota said—and I just way; new technologies that can facili- the end of the line. want to emphasize—is she talked about tate wind energy development, biofuels So I think that it’s important to- opportunities and activities that we development, a whole host of other night that we focus on not only what can work with our partners, including technologies on the electricity side, we’ve already done but what more we in Canada. When she mentioned Can- whether it’s clean burning coal, hydro- are prepared to do to enhance the di- ada, it reminded me of the fact that as electric power, solar power; and of versity of fuels, to enhance the diver- a country Canada has placed a tremen- course, in the transportation side, with sity of options both in the transpor- dous emphasis on developing their tar vehicle technology and engine tech- tation sector and the electricity sector sands resources. nology for flex-fuel vehicles and hybrid to make us less dependent on foreign Now, I represent the State of Utah vehicles. oil, to create jobs, to enhance tech- and a significant amount of the oil Already this Congress we’ve taken a nologies that create the jobs for the fu- that is refined in refineries located number of important steps, not the ture, for the young men and women right in the Salt Lake City area comes least of which is the renewable fuel that are looking into careers in science from Canada. It comes from the tar standard that we passed in December and environmental engineering and sand resource in Canada, and it is piped that, by many analyses, shows that is mechanical engineering and a whole to the United States. moderating the price of gasoline at 15 host of opportunities it affords to every Now, we can do that here, too. We percent less than it would be otherwise region of the country, if we take the can maybe take a page out of the Cana- without that increased biofuels produc- steps that we need to take, reevaluate dian book on how they, as a country, tion. So biofuels production is saving those long-held positions, look at infor- made efforts to develop that resource. consumers money at the pump. mation with a fresh look and glance, It’s an unconventional resource, and But obviously, we know that con- and be willing to take some risks be- they took the steps and they made a sumers are suffering with $4 gasoline, cause that’s what it’s going to require significant commitment. It has not higher in some areas. We know that to do right by our constituents. been without costs. It has not been there are ways that we need to get at And I thank the gentleman for yield- without setbacks. There are lessons to speculation that may exist in the mar- ing. be learned there, too, which we as a ketplace for oil and other commodities, Mr. MATHESON. Well, I want to country should do. that we have the weak dollar that my thank my colleague from South Da- And I understand that the tar sand colleague from Utah pointed out at the kota who is always a very substantive resource we have in the United top of the hour that is affecting the in- participant in any public policy discus- States—and we have it in my own creased costs per barrel of oil. sion we have here in Congress, and I State of Utah—is a little bit different We, in addition to the renewable fuel know she’s invested a lot of time and composition than the Canadian tar standard, passed CAFE standards that effort when it comes to the energy sands. I understand that there are dif- go to the heart of conservation energy issue. I really appreciate her partici- ferences, but there’s so much that we efficiency and the additional tech- pating in this Blue Dog discussion. can learn from that, and it’s a viable nologies that we know exist to help There are a couple of points that source of production today in Canada. maximize those efforts. were raised by my colleague from And so I appreciate the mention of We have passed legislation to ensure South Dakota that I think merit one how we can learn from others and learn that the President no longer adds oil to more mention. The discussion of what from our partners, and I don’t know if the Strategic Petroleum Reserve, and we’ve done in this Congress, there have you had something you wanted to add we know that that Strategic Petro- been some actions that have been to that point.

VerDate Aug 31 2005 05:09 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.069 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6210 CONGRESSIONAL RECORD — HOUSE July 8, 2008 Ms. HERSETH SANDLIN. Well, not Also in the farm bill what we’ve b 2045 specifically to that point, but I did done, we recognize, as she spoke so elo- The American people ought to get an want to mention—and I know you have quent, too, about the corn pressure, answer to that. If they want more drill- the gentleman from Georgia who wants that we wanted to also give some em- ing, why haven’t the oil companies to make another point, too, so I will be phasis to the cellulosic ethanol. So we drilled on the 68 million acres that’s quick. have increased the tax credits for eth- there to drill? Those are some very se- The gentleman from Georgia (Mr. anol made from cellulosic means, while rious questions that I think we need to SCOTT) and I are both on the Agri- we slightly decreased it from corn to ask and examine thoroughly. culture Committee, and you may have take some of that pressure off. But I will say this, this Congress is mentioned this. One of the bills that So I did want to talk for a moment speaking with a loud, precise voice. we’ll be taking up tomorrow is a bill about the leadership of the Agriculture And I believe the more energetic we that you have introduced, and so I Committee in the future of our energy speak with this voice, the more precise think it’s important for our constitu- needs, particularly when it comes down we speak with it, the more action-ori- ents who, understandably, don’t feel to our renewable fuels, but I also want- ented we speak with it, both Demo- like they’re getting a fair shake every ed to talk for a moment about this is a crats and Republicans, all of us speak time they go up and fill up their vehi- world issue, and it’s a complex issue. in a loud voice together, saying enough cle, that they understand that we are The question that I’m pondering with of this, we’re not going to take it any- doing something here in Washington. and I think we all should is this one. more and move forward with some al- We are having a set of three different Fifteen years ago, just 15 years ago, ternatives, that will get these oil folks hearings in the Agriculture Committee the price of oil was less than $15 a bar- out of our back pockets. That’s what this week. There are other committees rel. Now here we are, 15 years later, the American people want. And that’s having hearings. This is a complicated and it’s busting at about $150 a barrel. what is going to bring down these oil issue, and we are determined to get it Somewhere, somehow we need to ask prices, shaking the demand. right and to do what we can to get the the question, how and why, because Mr. MATHESON. I again thank my speculation out of the market and to clearly if we’re going to find our way colleague for his comments. I think give the Commodities Futures Trading out of this mess we have got to exam- that he has helped describe the global Commission the authority it needs and ine how we got into this mess. picture. We haven’t discussed that to understand this problem, whether Well, I did a little bit of examining, enough about we’re part of a global it’s over-the-counter, whether it’s and it comes down to this. Right now, market. And it’s important for us to swaps, whether it’s what’s going on the world uses 85.4 million barrels of take the lead and develop fuel diversity with the foreign exchanges, the issue of oil per day. Now, I ask Mr. MATHESON, and try to develop some level of great- transparency, and your bill is one of you might want to know, that’s good, er independence, because outside of those that we’ll be taking a look at well, how much does the world that, in some respects our actions are which we think makes an important produce? They produce 85.6 million bar- the tail wagging the dog. And we need step in addressing that issue. rels per day. And as I mentioned ear- to get beyond that as a country. That’s Mr. MATHESON. I appreciate that. lier, Saudi Arabia just like that said not a comfortable position for this I’d like to hear from Mr. SCOTT. we can increase production just like Mr. SCOTT of Georgia. Absolutely. country to be in. that, 500 barrels a day. The first sentence of the Energy And I just wanted to complement what Now, what I’m talking about here is Principles Document that the Blue my colleague from South Dakota, Ms. that a lot has happened, but one of the Dogs created at the start of this Con- HERSETH, has said because I serve on most significant things that has hap- gress is that energy independence is a the Agriculture Committee with Ms. pened has been China and India and the matter of national security and eco- HERSETH. And this agricultural farm bill, in my underdeveloped world that is putting nomic security. This country faces so estimation, in my 6 years here I’ve tremendous pressure here and an OPEC many great opportunities if technology dealt with many bills, but as far as our cartel that tends to want to play like does take us to a new place. We will be future and our domestic and inter- Russian roulette with us. in such a better position in terms of national needs, this farm bill is by far So this is why I am saying and I am our economy, in terms of our foreign one of the absolute, most impactful concerned that if we move towards policy, in terms of our position in the bills we’ve had that touches on this. drilling, wherever it may be, I am just world. And we can make the world a And I think we would do well to share one voice here. There are all areas of better place with that technology de- with the American people—and you leadership, and my leadership is going velopment, too. That’s the exciting op- have alluded to so much of that al- to be in trying to get alternative ener- portunity for beyond our borders as ready, very eloquently I might add— gies on the market, trying to bring well. but let me just also point out that down the 54-cent tariff that we have for Blue Dogs supports promotion of a what’s in this bill because this is so im- keeping ethanol out so that we can forward-looking, market-based com- portant. have some competition. prehensive national energy strategy. We’ve mentioned ethanol, but it’s so Even as we’re speaking, I believe the As we’ve discussed many times to- important that the people of America world is listening, and they’re listening night, there are short-term, mid-term know that we have $4.2 billion in loan to what America is saying. And if and long-term issues. It’s a com- guarantees in this bill for the construc- America is saying we’re making moves plicated issue. In fact, each of the sub- tion of ethanol plants, and we are put- to get you out of the back pockets of issues on their own are complicated in ting the emphasis, as you said, on cel- the American people and we’re going to their nature. And sometimes in the lulosic. This is why it’s particularly, in move into a situation where we don’t world of politics the rhetoric gets real- my part of the Nation, in Georgia, we need you, we’re going to bring that ly simple. But on this one, it’s time for are so excited about this bill. We not price down. You watch what we say. If us to roll up our sleeves and act in a only have the biodiesel plant in it takes drilling, if it takes a threat of way this body is supposed to act, in a Ellenwood in Clayton County, but over drilling, if it takes moving it and get- deliberative, thoughtful way to gen- in south Georgia, in Soperton we have ting the oil companies finally to move erate comprehensive legislation that a cellulosic ethanol plant that is pro- on the 68 million acres that we’ve al- truly tries to solve problems and ducing energy off of wood chips, just ready leased to drill on—and that is achieve progress. That’s what we’re what you talked about. the other question, Mr. MATHESON. Not elected to do. I think the Blue Dog Co- We have scientists and engineers and only the other question about what alition approaches most issues in that chemists working right now at the Uni- happened in the 15 years, but why is it way. I think we really don’t care about versity of Georgia and Georgia Tech that we’ve given the oil companies 68 if it’s a Democratic idea or a Repub- fine-tuning how we extract cellulosic million acres to drill on and everybody lican idea, we’re trying to make ethanol from pine straw and pine trees. is saying drill, drill, and not one drill progress. I mean, these are renewable areas, and has hit the ground in those 68 million And so as I close this hour and this we’re putting the incentives in. acres? discussion of energy issues, I suspect

VerDate Aug 31 2005 03:10 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.071 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6211 that we will be back talking about this groups about not allowing people to using our own natural resources—we again. This issue is not going away. It’s drill. And as I got these petitions, and see what the speculators did when we something that we all need to learn especially when I was at home, Madam voted not to. more about and we all need to work to- Speaker, one day and I saw a petition Now, oil came down $4 a barrel. It gether. None of us have all the an- on the counter of a gas station, and I came down, and I understand one of the swers, but we need to work together as guess the owner of the station had it reasons it came down is because Ms. a Congress to try to find solutions as there to give people something to do PELOSI, the Speaker of the House, best we can. rather than talk bad to him about the Madam Speaker, sent a letter to the With that, I thank all of my Blue price of gas, but it was a petition that President saying we need to get into Dog colleagues for joining me tonight. said, ‘‘Sign here if you want to lower the Strategic Petroleum Reserve. The Strategic Petroleum Reserve is a re- f gas prices.’’ And so I came up with an idea that what I would do is start a pe- serve of our petroleum that we have, ENERGY CRISIS tition, Madam Speaker, in this House millions of barrels of oil that we would The SPEAKER pro tempore. Under where the American people could know have in an emergency, in a crisis, in a the Speaker’s announced policy of Jan- how their Congress person felt about disaster. She wants to release that, uary 18, 2007, the gentleman from Geor- increasing the oil production in this which means to me, Madam Speaker, gia (Mr. WESTMORELAND) is recognized country to lower their price that they that she realizes that we need more oil, for 60 minutes as the designee of the were paying for gas at the pump. And we need more production. But because minority leader. so we came up with this very simple of the radical environmentalists that Mr. WESTMORELAND. Madam thing. In fact, there is no legislation have controlled the majority, or at Speaker, Lord, I don’t even know attached to this, there is no discharge least influenced the majority greatly, where to start. I’ve sat here for the last petition, there is just a simple state- they cannot afford to do what we need 45 minutes and listened to the Blue ment where Members of Congress can to do politically; it’s not politically Dogs. And I appreciate them very much make a statement to their constitu- correct for them. I think that the American people, because there’s about 40 or so of them, ents, Madam Speaker, much like our Madam Speaker, are tired of us in this I think, and they could do a lot to help constituents have been making their us, Madam Speaker, with the energy body being politically correct. They thoughts known to us by signing these just simply want us to do what’s right, problem. I just hope that they will petitions online and at local conven- stand fast. the things that we swore, took an oath ience stores. This simply says, ‘‘Amer- that we would do, and that is to pro- I listened to my colleague from Ar- ican energy solutions for lower gas kansas (Mr. ROSS). And I’m on his bill tect the American people. prices. Bring onshore oil online. Bring And as the Blue Dogs said tonight, because it brings about more energy deep water oil online. And bring new this is not just an economic policy, independence for this country, Madam refineries online.’’ this is a national security interest that Speaker. And it’s interesting that the And I put everybody’s district, all 435 we have. And we’ve got to own up to Blue Dogs talked a lot about all the and the seven delegates that we have our responsibility and make sure that things that we have done thus far, at that represent territories of the United we live up to the challenges that our least that the Democrats have done States. It gave people the opportunity constituents have given us by electing thus far, the majority, Madam Speak- to sign. And it simply says, ‘‘I will vote us to this body. We have got to act. er. And I don’t even know how to start to increase U.S. oil production to lower We’ve got to get out of the fetal posi- to unravel some of the facts that have gas prices for Americans.’’ And I don’t tion, and we’ve got to act and do some been laid out here tonight. There were care if it’s the production of biodiesel things that will bring about some relief some facts that I agree with, but there fuel, biomass, oil, whatever it is, to at the pump. are some facts that are very, very mis- make us less dependent on foreign oil. A lot of them in the past 45 minutes understood, and hopefully during this And we’ve listened to a lot of the or the last hour or so have talked hour sometime, Madam Speaker, we Blue Dogs tonight, but none of those about all the great things we’ve done. can put some truth into it. Blue Dogs have signed this petition. Well, with all the bills that have been It’s interesting that I heard some of And Madam Speaker, I have often passed, I haven’t noticed the price of the Blue Dogs talking about increasing learned in life that your walk has to gas coming down one dime. It’s almost oil production. And I know that in May match your talk. And some people say, like putting lipstick on a pig. You can of 2007 there was an amendment that well, this is just a political statement. make it look good, but it’s only going we passed that prohibits us from drill- It’s not a political statement at all. to be a pig. So we can make things ing shale oil, where there’s two trillion We’ve had some Republicans sign it, look good, we can make things look barrels of oil. Two of the speakers here we’ve had some not sign it. We’ve had like we’re doing something, but all tonight voted for that amendment to some Democrats sign it, we’ve had we’re doing is just making a nice win- keep us locked out of that acreage out some Democrats not sign it. dow for people to view at. It’s time west where the shale oil is. If you want to know if your Member that we got down to some hard deci- And Madam Speaker, if people could has signed it, you can go to House.gov/ sions. And there are some hard deci- see this chart, May of 2007 is when the westmoreland. And on that page we sions that have got to be made. biggest spike in the oil prices hap- have those that have signed it and And there are things that we are pened. And I think that’s a time when those that have refused to sign it. If doing. We have put up discharge peti- the speculators saw that this Congress you don’t see their name in either spot, tions—and I say ‘‘we,’’ I’m talking was not going to do anything about our then we’re going to take it that they about the minority party—but they’re own oil production. We refused to do it. did want to sign it, we’ve just not had there for everybody to sign. The week And I think the speculators took great a chance to talk to them personally, of June 9, we put a discharge petition, advantage of this and said this is a Madam Speaker. ‘‘No More Excuse Energy Act of 2007.’’ country that’s not going to look to But we believe that your walk should What that would do is it would reduce their own resources, they’re going to match your talk. And so we do have the price of gasoline by opening new be totally dependent on foreign oil, so some Democrats on there, some peo- American oil refineries, investing in we’ll do with them as we wish. ple—NEIL ABERCROMBIE from Hawaii, a clean energy sources such as wind, nu- What has happened over the past, I great leader, we have Mr. CAZAYOUX clear, capturing carbon dioxide, and guess, 3 or 4 weeks is people have been from Louisiana, Mr. MELANCON from making available more home-grown en- calling our office and calling me, Louisiana, some from Texas—that are ergy through environmentally sen- Madam Speaker, and asking me if I had on here because they believe that we sitive exploration of the Arctic Energy signed a petition; there have been sev- need to increase our oil production to Slope and America’s deep-sea energy eral of them on the web page about lower the gas prices, and we do. That’s reserves. Now, what that takes is 218 ‘‘drill here, drill now, lower prices.’’ just a fact. We heard about all these Members to sign that discharge peti- There’s petitions on there from the Si- biodiesel plants, and those are great. tion. We hear a lot of talk, but we erra Club and other environmental But you know what? Until we start don’t see a walk.

VerDate Aug 31 2005 05:09 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.072 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6212 CONGRESSIONAL RECORD — HOUSE July 8, 2008 The week of June 16, H.R. 2279, enabling the United States to respon- Part of it is we have got to put nu- Madam Speaker, Expand American Re- sibly explore its own deep ocean to clear power back into this mix. We fining Capability of Closed Military In- produce American energy. The bill have had great obstacles in the past as stallations. It would reduce the price of would grant coastal States the author- it relates to nuclear energy. Look at gasoline by streamlining the refinery ity to keep exploration 100 miles from France. They have done a tremendous application process—which in 2005 was their coastlines, and it would also job harnessing that energy, moving it passed by a Republican Congress and allow States to share in the revenues in ways that don’t have the same types later stripped out by the new major- received. As Mr. CAZAYOUX said today, of emissions problems that other ele- ity—and by requiring the President to it helps Louisiana protect their vital ments do. Nuclear energy has to be a open at least three closed military in- coastline and all the great natural re- part of it. stallations for the purpose of siting sources that they have there. The types of funding resources that new and reliable American refineries. Mr. Speaker, I would like to now would be available if we were to unlock A lot of people, Madam Speaker, might yield to my friend Mr. ROSKAM to hear those American resources that I talked not realize that we import refined gas- his comments. about a minute ago could fund many of Mr. ROSKAM. I thank the gentleman oline of almost seven billion gallons a the R and D types of projects. Let me for yielding. Thank you for the time. tell you about one in my district. I rep- year, almost the same amount of diesel I am absolutely convinced, Mr. resent an institution called the Gas fuel, Madam Speaker, that we bring Speaker, that this is a pivotal time in Technology Institute, GTI, in Des into this country because we do not our public life and it’s a pivotal time Plaines, Illinois. It’s a wonderful pro- have the refining capabilities. Not a re- that doesn’t come along very often, the finery has been built since 1978. sense of clarity that has emerged gram, a public/private partnership. The week of June 23 it was H.R. 5656, across the country when gasoline is They are the types of folks that are the Repeal of the Ban on Acquiring Al- now knocking on the door of $4.50 a doing the R and D that looks into ternative Fuels; reduce the price of gallon all across the country. Today as emerging technologies, and then they gasoline by allowing the Federal Gov- I left Wheaton, Illinois, $4.17 a gallon. help hand that off to industry and ap- ernment to procure advanced alter- As I’m out in town hall meetings, as plied science. They have got a tech- native fuels derived from diverse I’m literally walking in the parades nology that they are on the verge of sources like shale oil, tar sands, and over the 4th of July, everybody is com- that is an anti-idling technology. So coal-to-liquid technology. ing together and saying, look, let’s do here’s what happens: If you’re a com- Do you realize in the energy bill, something about this. And rather than mercial truck, if you’re a commercial Madam Speaker, that was passed by having this whole opportunity just be bus, they waste tremendous energy as this majority, that Federal agencies squandered away, we have got an op- they are idling, as they are at stop- cannot use these alternative fuels? We portunity to move forward. And, unfor- lights and moving and not moving in heard a lot tonight from the Blue Dogs tunately, the orthodoxy that is devel- traffic. Well, the technology that GTI about using alternative fuels, increas- oped on the other side of the aisle is is developing moves this so that in a ing alternative fuels, but yet we will what my predecessor, Henry Hyde, used nutshell it’s a solid-fuel oxide that lit- not let our agencies use it. to call ‘‘government by bumper stick- erally saves us in terms of the amount The week of July 7, this week, H.R. er.’’ ‘‘Government by bumper sticker’’ of energy that’s used, the emissions 2208, Coal-to-Liquid Fuel Act, which, says put cute little phrases on the that are emitted. It’s that type of R Madam Speaker, happens to be au- backs of cars and that’s the policy that and D that can undergird the types of thored by a Democrat, reduces the is going to drive our country. Well, things that the gentleman from Geor- price of gasoline by encouraging the that’s great. Bumper stickers are nice gia has been talking about, Mr. Speak- use of clean coal-to-liquid technology, and cute when it’s at $2.50 a gallon. But er. authorizing the Secretary of Energy to in my district you know what people There is a whole host of opportuni- enter into loan agreements with coal- are saying? Rip the bumper stickers off ties here, and it’s dynamic. The public to-liquid projects that produce innova- and let’s get serious about bringing a knows it. The public is crying out for tive transportation fuel. national policy as it relates to energy what? The public is crying out for this body to act, for this body to get over b 2100 independence for the United States of America so that we’re not creating the the nonsense of ‘‘government by bump- There shouldn’t be one Member of same elements of great risk where er sticker,’’ and to say, look, we can all this body not on that discharge peti- right now, as you know, we are funding come together. And we can get 218 tion to say let our oil go. both sides of the war on terror. When Members, a majority of this House, to The week of July 14, we are going to we go to the gas pump and the money come together around commonsense have H.R. 2493, Fuel Mandate Reduc- that we are putting in and the taxes ideas that strive for American energy tion Act of 2007. It will reduce the price that we are paying, yes, we’re pro- independence. The gentleman from Illi- of gasoline by removing fuel blend re- tecting ourselves from terrorism. We nois my colleague Mr. SHIMKUS has quirements and onerous government are protecting ourselves with homeland been a table pounder for clean coal mandates if they contribute to unfa- security and domestic security efforts technology. That can transform not vorable gas prices. Right now part of and our whole military infrastructure. only our region of the country in being the problem that we have with the high But we are also putting money in the an exporter, but it can literally trans- gas prices in areas in California and hands of regimes that are hostile, that form how the United States begins to other cities that don’t meet the attain- are exporting terrorism and are being look in the future. So the opportunities ment is the boutique fuels that we very provocative on the world stage. are there. have. So, Mr. Speaker, we have got a I thank the gentleman for yielding. The week of July 21 brings H.R. 6107, chance today in this Congress to bring I’m very hopeful about what can come the American Energy Independence and together a wide-ranging coalition that out of this. But it only comes out if Price Reduction Act. It will reduce the has an interest and a desire to move there is a political will that develops price of gasoline by opening the Arctic forward on energy independence, and I that says we are going to put 218 votes energy slope to environmentally sen- think that the time is now. Part of it up on that board and we’re going to sitive American energy exploration. has to be exploring and continuing to move the ball for the American public. The development footprint will be lim- unlock American resources. Part of it Mr. WESTMORELAND. I thank you ited to 1/100 of 1 percent of the refuge, has to be that. You can’t do the math. for your comments. And just a couple and revenue received from the new You can’t ultimately come up with the of points that you made about the leases would be invested in a long-term types of solutions that are going to amount of money that we give to some alternative energy trust fund. satisfy our energy needs and simply ig- of the people who are not friendly to The week of July 28, right before we nore the resources that are available in us, even in our own hemisphere, we go on the August recess, H.R. 6108, the Arctic, the resources that are give Hugo Chavez $170 million a day. Deep Ocean Energy Resources Act of available in the Outer Continental I hear the other side complain about 2008, reduces the price of gasoline by Shelf. So that has got to be part of it. what Big Oil makes, and I don’t know.

VerDate Aug 31 2005 03:10 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.073 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6213 Big Oil, according to the records and probably in November won’t vote for aisle and the American people would stuff I read, make about a 10 percent me. But we had a great discussion agree we ought to conserve. We are 300 profit, and I am not saying if that’s about this issue and just what Con- million people, and a world population good or bad for their business. But gressman WESTMORELAND is talking of 6 billion. If my math is correct, and what do they think Mr. Chavez is mak- about in regard to the need to come up I took six quarters of calculus at Geor- ing off of $170 million of U.S. dollars with a solution and not continue to gia Tech, that is not 25 percent of the every day? And, listen, he is not our play politics over this. world population, but we are using 25 friend. I have a couple of posters, if my col- percent of the world production of fos- And the other thing that the gen- leagues will bear with me. I want you sil fuel. That is too much. And we need tleman has brought up is a great point, to take a test, one of these tests that I to bring it down, and we can do that. I and we heard it today and I heard it on always loved taking in high school and think maybe that would be a good the floor earlier today that we need to college and even medical school, a mul- choice. all work together. Well, I agree we do tiple choice question. Sometimes you Finally, Mr. Speaker, choice number need to all work together. But when can guess. But I’m going to hold up F. That says: All of the above. I won’t the majority party brings the energy this slide for my colleagues and ask keep you in suspense too much longer bills to the floor, some under suspen- them this question. And I appreciate as we move to my second and last slide. sion, when there’s only 20 percent of my good friend from Illinois for help- The answer clearly is F, all of the debate on each side, no amendments, ing me do this. above. We have got a few pictures here no committee hearings, no sub- Question: How do we bring down the kind of pointing that out. Oil and nat- committee hearing, no regular process, price of oil? A pretty simple, straight- ural gas off of the Outer Continental how are we all working together, Mr. forward question. Well, it’s multiple Shelf, including the Gulf of Mexico, the Speaker? choice. eastern part of the Gulf of Mexico, Mr. Speaker, you know if we are A, open up oil exploration in ANWR where we are prohibited from drilling, going to all work together, if we’re and the Outer Continental Shelf. where there are literally trillions of going to all be part of the process, if all ANWR, of course, the Arctic National barrels, trillions of cubic feet of nat- the people in this country—this is a re- Wildlife Reserve. That would be one of ural gas and billions of barrels of oil public. It is a representative form of the choices. when you add that eastern Gulf of Mex- government. And if I don’t have an op- B, build new oil refineries. That ico and the Pacific and Atlantic coasts portunity to amend or give input into might be a pretty good choice. We of our country. the process, my people are shut out of haven’t made it in the last 25 years, But the picture shows it all; nuclear the process. If there are no amend- unfortunately. All the oil refineries in power, wind and solar, drilling, of ments, nobody on this side of the aisle the United States, unfortunately, are course, in the Arctic National Wildlife and many people on this side of the down along the gulf coast, and we Reserve, which is a tiny portion, 2,000 aisle, the people they represent are know all too well how dangerous a sit- acres out of 19 million, as depicted here shut out of the process. uation that is, especially as we are in this corner of Alaska. So let’s do all come together. Let’s coming into what could be a rather So this is basically, Mr. Speaker, and have an energy bill on the floor that horrific hurricane season. I appreciate very much Mr. WESTMORE- can work, this open rule. We can have Maybe choice C, commercially de- LAND letting me develop this point of 435 plus the 7 delegates offer changes, velop renewable energy. Now, we are argument that people in my district offer solutions, as Mr. ROSKAM just did, talking about wind and solar, two per- clearly yesterday let me know that about the people that have come up fect examples of renewable energy. In this is what they want. They want a with solutions in his district; as Mr. this country our electricity grid, we balanced approach, and all of the above SCOTT did previously about the biofuel generate about 1 to 2 percent of our is what we need to do. That is exactly in his district. We all have good ideas, power from those renewable sources. what Mr. WESTMORELAND has been say- but when we are shut out of the sys- We can do better. I absolutely think we ing, and my colleagues, repeatedly. tem, you can’t work together. And I can do better when countries like Ger- We are ready, Mr. Speaker, and I don’t know what part of that the ma- many probably are producing 30 per- turn to my colleagues on the Demo- jority doesn’t understand. cent of their energy from renewables. cratic side of the aisle, the majority, I would like to now yield to my col- Well, maybe you would pick, let’s who has the ability, the power. They league from Georgia, Dr. GINGREY. see, D, if my colleagues could again can control everything that comes to Mr. GINGREY. Mr. Speaker, I appre- refer to this slide, commission new nu- this floor. And it’s time to worry less ciate very much my good friend and clear power plants. I think since the about monkey bites and more about colleague from Georgia yielding, and I mid 1970s, we have not commissioned a the people of this country suffering. appreciate his taking the time and new nuclear power plant. I used to I think Mr. WESTMORELAND earlier leading the time tonight to continue to work in one as a co-op student in Barn- used the expression: Let my oil and gas talk about what I consider and what well, South Carolina, when I was at- flow. It made me think a little bit bib- my constituents in the 11th district of tending Georgia Tech. Clean, efficient, lical. I don’t want to get too biblical Georgia, Northwest Georgia, feel is the safe, a great source of energy. Maybe because I will get out of my lane in a most important, the single most im- when the price of gasoline was $1.50 a hurry, Mr. Speaker. But it’s like Moses portant issue facing our Nation and, gallon, you might say, well, it’s too ex- said to Pharaoh: Let my people go. for that matter, political issue as well pensive to start a nuclear power plant; Moses wouldn’t do it, he wouldn’t do it. as we move toward these November but when it’s $4.10 a gallon, I think it’s He promised time after time. He kept elections. time to consider strongly nuclear reneging, even though his own people People in my district told me on power. That could be a good choice as were suffering tremendously. I don’t Monday, just yesterday, at a town hall the perfect answer to this question, know what he was betting on back meeting in Bartow County, How do we bring down the price of oil? there many thousands of years ago, but Cartersville, Georgia, a great part of France, I believe, if I am not mistaken, he was wrong. He finally did let the my district—a town hall meeting, Mr. and my colleagues can correct me if people go. Speaker, as you know, they are not I’m wrong, I think, produces about 80 I don’t know what game, Mr. Speak- partisan. You don’t just invite Demo- percent of their energy from nuclear er, the Democratic majority is playing. crats or Republicans. You invite your power, as do some of the Scandinavian I don’t understand it. If they look at constituents. And we probably had 50 countries, and I have been there and I the polls, if that is the way they are people there. And I don’t know if it was have visited. making their decisions on legislation, an equal mix. I guess since I won my people, Democrats, Republicans, inde- election last time with 71 percent of b 2115 pendents by a wide majority want a so- the vote, it probably wasn’t an equal Let’s see. How about choice number lution. They want a comprehensive ap- mix, but there were some very bright E, promote conservation? I think a lot proach. We are ready. We are reaching young Democratic folks there who of our colleagues on both sides of the out. We are literally begging. That is

VerDate Aug 31 2005 03:10 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.075 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6214 CONGRESSIONAL RECORD — HOUSE July 8, 2008 why we are here tonight, saying to our times. Contains mercury. Only pro- to continue to talk about this. So I ap- colleagues on both sides of the aisles, duced in China. We can’t even dispose preciate you grabbing the time, allow- Let’s get this done. Let’s get it done of it. If you drop one, you need to put ing us to come down on the floor. ASAP, and that means as soon as pos- on a mask, evacuate the house, let it I was going to ask how many folks sible, before we leave this town at the air out until you can clean up a broken have signed. You said 191 have signed end of July and walk away from here light bulb. the petition. I know we have some for a month’s break. Shame on us if we This was the commonsense plan, I Democrats who have signed it. I saw don’t get this done. hope not, that then Speaker PELOSI, one before the break. We know that we I yield back to my colleague. then Minority Leader PELOSI was talk- would like more. We know the chal- Mr. WESTMORELAND. I want to ing about bringing up, because gas has lenges that they are under not to do thank my colleague from Georgia. almost doubled, or more; maybe dou- that. But I think come election time, That was a great test. I think anybody, bled when this commonsense plan came as we get closer, we have a production anybody in the United States should be out. majority here on the floor of the able to pass that test, Dr. GINGREY. I But I want to read you one thing be- House. I know it. I know who they are. am glad you put it up, because that fore I yield to my friend from Illinois. If we can get a bill to the floor. simplified it. This was a statement made on January I wish my colleague, Mr. ROSKAM was This is something, this little simple 18, 2007, the day, Mr. Speaker, this bill here. I was up in Chicago with him petition, I will vote to increase U.S. oil was passed. It says, ‘‘It is sad to see the today. He talked about the gas price in production to lower gas prices for Republicans come to this. Now, they Wheaton, which is his hometown, his Americans; 435 lines. So far, we have laughably say that this will lead to home area. But we had to drive to the 191 signatures. This is just telling the higher prices.’’ That was Mr. PETER airport. We drove past gas stations, American people we are ready to do all DEFAZIO from Oregon on how the $4.47 in the Chicago area. That is not of the above. If you want to find out if Democrat’s 2007 energy bill would af- including climate change, which would your Member has signed this simple pe- fect gas prices. ‘‘It is sad to see the Re- add another 50 cents. So you’re already tition, much like the petitions that publicans come to this. Now, they over $5 a gallon. That is what we are many of these people have signed, Mr. laughably say this will lead to higher looking at. Because here’s the basic Speaker, that are listening to us, have prices.’’ problem. I have tried to be a little less gone on the Internet and signed peti- Well, Mr. Speaker, I’d hate to say rancorous in my debate. tions saying, Hey, drill here, drill now, this, and I hate to say this, but we were When the Democrats took over, $58. lower our prices, and bring the U.S. right. It has led to higher prices. It has Today, it’s $140. When President Bush back to being dependent—back from led to oil going out the roof because came in, it was $23 a barrel. All I am being dependent on foreign oil, go to now the speculators in this world know saying when I hold this chart up is the House.gov/westmoreland and you will that we, as a country, are not going to trend line is bad. It doesn’t matter find out if your Member has signed, re- become energy independent as long as where you go, whether you go when fused to sign, or is in the category of the leadership continues the course Bush got sworn in or whether you go not making a decision because, Mr. that they are on right now. here when the Democrats took control I’d like to yield to my friend from Il- Speaker, I feel like the American peo- or whether you look at the price today, linois, a great leader in the energy bat- ple are going to have to make the ma- that trend line is not positive, and it tle and somebody that I think has jority party understand that they want disproportionately hurts middle class, made some real movement in the pol- some change. the lower middle class, rural, small See, in April of 2006, then minority icy here, and that’s Mr. SHIMKUS. town citizens of our country, which I leader, now Speaker PELOSI made a Mr. SHIMKUS. I thank my colleague. represent. statement that the Democrats had a Mr. Speaker, it’s great to be on the I represent 30 counties in southern Il- plan. They had a commonsense solu- floor tonight, coming back from a linois. We have to drive long distances tion to the skyrocketing price of gas. week’s break, and I’m sure everybody to get to health care, we have to drive Of course, gas was about $2.05 then. So is coming back with the number one long distances to get to our schools. We we are still waiting on that solution. issue on their mind, which is high en- have to drive long distances to get to We are still waiting on that common- ergy prices. If they are not, they were our work. You know what? The poor sense plan. It hasn’t been unveiled yet. traveling overseas and they were look- Although, in January of 2007, H.R. 6, ing at the gas prices overseas. I mean if can’t afford the Priuses of the world the Energy Independence and Security they were home, I don’t think you right now. The poor are purchasing Act, Dr. GINGREY, was passed in this could find anyone who wasn’t talked to used cars off the lots because that is House. The Republicans called it the about high energy prices. the only thing they can afford. So if ‘‘no energy’’ policy. I will read you I learned a couple of things. I did a that is the problem, the question is: some of the key words. This was a 300- couple of radio shows. One, I just think What is the solution? something page bill. Crude oil was because many of us have been talking My colleague from Georgia did a mentioned five times in that bill. Mr. about this issue for so long, we have to great job. All of the above. Let’s open Speaker, gasoline was mentioned 12 be careful that we don’t become a little up the Outer Continental Shelf, let’s times. Exploratory drilling was men- energy arrogant and continue to help use fuel from coal, let’s go wind and tioned twice in a 316-page bill about en- educate the public on the basic eco- solar, let’s do the renewal fuels. The ergy independence. nomic principles of the law of supply great thing about our position is, and I Offshore drilling was mentioned zero; and demand. That is what we are basi- got asked numerous times, Well, what domestic drilling, zero; domestic oil, cally addressing tonight, and it’s really about solar? I said, Great. What about zero; domestic gas, zero; domestic fuel, difficult to understand how what stu- wind? I am going to have a big wind zero; domestic petroleum, zero. Gas dents are taught in a basic economics generation field in my district. I’m price or gas prices, zero. Common course at the college level is not under- happy about it, excited about it, and sense, zero. stood here on the floor of the House of pledged to do all I can to help. Now what was mentioned was green- Representatives. So I say, Bring it on. Any idea we house, 103 times. Green building was The other thing I learned on a radio have to help decrease our lives of im- mentioned 101 times; ecosystem, 24 show yesterday, a person called in and ported crude oil by bringing on more times; climate change, 18 times; regu- said, When are you guys going to talk supply, decreasing—we talked about lation, 98 times; environmental, 160 about drilling in the Outer Continental conservation. Our citizens are con- times; geothermal, 94 times; renewable, Shelf? I wanted to reach through the serving now. They are forced to con- 333 times; swimming pool, 47 times, be- wires and grab that caller and say, serve because of the high cost. So we cause there was a swimming pool safe- What do you think we have been doing are driving less miles this year than we ty bill in the Energy Independence and for 10 weeks straight on the floor of the were last year. Driving less miles and Security Act. House? we are paying more. That is kind of the Lamp, CFL, the new fluorescent I want to encourage my colleagues to Democrat energy policy, drive less, pay lamps, 350 times. Three-hundred fifty not give up, not lose hope. We have got more. I don’t like that.

VerDate Aug 31 2005 03:10 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.076 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6215 Mr. WESTMORELAND. If you would Western Gulf, tell me the major envi- My constituents will not put up with yield for just a minute. ronmental disaster that occurred on that. First of all, we drive big trucks to Mr. SHIMKUS. I’d be happy to. the deep drilling, 5 miles deep, because haul feed, to haul livestock, to move Mr. WESTMORELAND. When these of that massive hurricane? The answer farm equipment around, and we can energy bills have come to the floor, is none. can’t operate with a four cylinder elec- have you been able to offer an amend- Mr. GINGREY. If the gentleman will tric engine on a major pickup truck. ment for some of your ideas that you yield on that point, I think the gen- Mr. WESTMORELAND. With a sail have had here to present it to see if tleman was referring to the Exxon on the top of it. your constituency and your ideas could Valdez tanker. Mr. SHIMKUS. I thank you for the possibly be heard on this floor? Mr. SHIMKUS. No. No. time. I appreciate it. Mr. GINGREY. Well, that situation I Mr. WESTMORELAND. I am going to b 2130 think needs to be answered. A lot of yield now to my classmate that we Mr. SHIMKUS. Well, you know the people say, well, we don’t want to drill came in together, my colleague from best way for a bill to get passed and on the Outer Continental Shelf, the Texas, where there are thousands of signed into law, especially with a Re- coast of California, because we may jobs every day where people go to work publican President, is to work through contaminate the San Francisco Bay. working in oil fields, and that is my the committee process. A lot of this As the gentleman from Illinois pointed friend MIKE CONAWAY from the great would start in my subcommittee, the out, and I will yield back quickly, even State of Texas. Energy and Air Quality Subcommittee, during the hurricanes, when these oil Mr. CONAWAY. I want to thank my chaired by a good friend of mine. In rigs were blown over, not one drop of friend. fact he is a cosponsor of the Boucher- oil was spilled. But this tanker that There was an interesting headline Shimkus bill. was coming from the Middle East with and a couple of sentences in today’s If allowed, we could move an energy hundreds of thousands of gallons of pe- Hill newspaper, one of the leading security bill that would really address troleum, it cracks up and that is where newspapers in all of Washington, DC, what Americans want, which is to de- you get the spills. by the way. It says, ‘‘The Energy Bill is crease our reliance on imported crude That is why I would say to the envi- Out of Gas.’’ The lead sentence is, oil from those countries that are en- ronmentalists, help us solve that prob- ‘‘House Democrats are in a bind on the emies of our state or unstable; focus on lem, so we don’t have to import all this focal point of their energy plan. Wor- North American energy, that means raw petroleum from other countries. ried that a floor vote on any energy re- the deployment of all our energy re- Mr. SHIMKUS. Just let me address lated measure will trigger a Repub- sources; continues our great relation- one thing. Of course, Speaker PELOSI lican-forced vote on domestic drilling, ship with Canada and Mexico; do the made an announcement that she wants the leadership has scrubbed the floor renewables, do the efficiency stand- to now empty the Strategic Petroleum schedule of the energy legislation that ards, and move. Reserve, a very foolish proposal. One is it vowed to tackle after the 4th of July So the answer is no. All the bills because that is there for our national recess.’’ Politics, Mr. Speaker. have come to the floor without any security in case the sea lanes get I spent all week in West Texas and committee hearings. The only thing we closed. Since we don’t have enough pro- Central Texas, an area that is blessed have been able to do is offer motions to duction on our own, like the farmers with a lot of crude oil and natural gas recommit. We have done that numer- would say, it is like eating the seed production. There are an awful lot of ous times on alternative fuel stand- corn. If you eat the seed corn, you have folks that make a living in drilling and ards, which would bring in coal-to-liq- no seed to plant for the next year. producing crude oil and owning the uid. We have done that on other gen- Foolish. Foolhardy. A scary proposal. minerals and owning the land that it is eration issues. Of course, they are more Versus moving in the discharge peti- produced from. And I heard every day, of a party-line vote, and they all fail. tion we will talk about coal-to-liquid why are these prices so high? Why But historically, in votes that have technologies. can’t we do the logical, rational things been cast on this floor since 1994, the Better than to pump out the Stra- to lower these prices. facts just speak for themselves: 90 per- tegic Petroleum Reserve, let’s develop So if I am hearing that from a dis- cent of all Republicans support more gas from our own coalfields. There is trict that is very pro oil and gas, very supply; 90 percent of all Democrats do 250 years worth of supply in Southern pro drilling, I can’t imagine what my not support more supply. They vote Illinois. There are American jobs min- Democrat colleagues heard on the against more supply, they vote against ing it, American jobs building the re- other side. I was able to look them in refineries. But there is 10 percent. The finery, American jobs operating the re- the eye and say, Mr. Speaker, I am for Speaker pro tempore is a friend of the finery, American jobs building the it. Let’s drill ANWR. Let’s drill Outer fossil fuel area, I understand. They are pipeline to American jobs, wherever Continental Shelf. Let’s do all those there. We just need to help them help that goes. Whether it is diesel fuel, gas- things, all five things that my col- us help the country. oline, or whether it is aviation fuel, we league from Georgia talked about. Mr. WESTMORELAND. So what I can do it. Let’s do all those things. hear you saying is we need to take the Don’t do something silly, which is I can’t imagine any of my colleagues politics out of this, and we need to put take the Strategic Petroleum Reserve, going back and facing their constitu- people in front of power, and we need pump all that oil out of there, and then ents, their voters, and looking them in to put process in front of politics and you are done. You have no reserves. the eye and say no, it is really best do something that will move this coun- Mr. WESTMORELAND. Right now, that we keep these prices high. It is try toward energy independence, rather one of the reasons we are not being really in your best interests that we than just staying in the fetal position, held hostage by our enemies, the peo- don’t drill Outer Continental Shelf, we so-to-speak, that we have been in, and ple that supply us with our oil, is be- don’t drill ANWR. It is really in the being held hostage by radical environ- cause we have the Strategic Petroleum best interests of the United States to mentalists who the majority may feel Reserve. If it was zero, trust me, we continue to buy crude oil from folks is a big part of their base. I don’t want would have a bad time getting any oil. who hate our guts, from a clown in to put words in your mouth. Mr. SHIMKUS. I want to thank you Venezuela. That is really the best pub- Mr. SHIMKUS. One of the reasons for the time. I know I have another col- lic policy. why we are not in the Outer Conti- league that would like some. I just I am surprised we had 300 people vot- nental Shelf is an oil spill I think that think it is very telling. I know my ing here tonight, because had I gone happened in 1969. I was 11 years old. I good fossil fuel Democrats are starting home and done that, I’d have got have changed a lot, maybe some good, to fight I think the good fight. But lynched, and it wouldn’t have been a maybe some bad. I was 11 years old. here is what a Democrat staffer said new rope. That is 39 years ago. Technology has today: ‘‘Right now, our strategy on gas I am going to make two points. We improved greatly. Katrina is a perfect prices is drive small cars and wait for have some natural allies in this fight, example. When Katrina came up the the wind.’’ and they come down here almost every

VerDate Aug 31 2005 05:13 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.077 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6216 CONGRESSIONAL RECORD — HOUSE July 8, 2008 single night and rail about NAFTA and oil, as an example. That is not going to that; you drill or do whatever you have CAFTA, the anti-trade crowd. Where happen in my lifetime, but it will hap- to. But that is a really bad idea and are they in this particular issue? pen one of these days. But we all agree one that is not a particularly thought- You know, they gripe about us ex- where we are trying to get to. ful idea that seems to be rampant in porting jobs to the other parts of the The difference in our conversation this environment. world. They gripe about the impact between us and the guys on the other Mr. WESTMORELAND. I think it is that NAFTA and CAFTA have, all the side of the aisle is, what do we do be- interesting, you mentioned the Stra- bilateral agreements. They vote tween now and then? We all want to tegic Petroleum Reserve and the letter against them. They just rail about get there, but how do we get between that Speaker PELOSI wrote to the them. Why aren’t they down here now and then? President. It is interesting that oil screaming about this issue? Because Crude oil is a finite resource. It will came down $4 a barrel. Now, if it will every well that is drilled in the Outer always get more expensive. There will come down $4 a barrel on just a letter Continental Shelf and ANWR, every be ups and downs, but it is going to get going to the President asking him to plant that is an oil shale plant, the more expensive. How we manage that take the crude out of the Strategic Pe- coal-to-liquid, those are American jobs. growth, those increases in costs of troleum Reserve, think of what it And that is what the anti-trade folks crude oil, how we buffer against those would do if we voted in this body to are all about, is American jobs. Every increases is really in our best interests. drill without even sticking a drill in new refinery that is built, those are And, quite frankly, the commonsense the ground. These speculators would American jobs. plan that the Speaker has either kept run for the hills. And so I think you The other natural ally is most all of to herself or not, I can understand why make a great point. And trust me, if we those refinery jobs are union jobs. Now, she didn’t roll it out in 2006, because we didn’t have the Strategic Petroleum the domestic drilling, et cetera, isn’t were in charge and we might try to Reserve, we would not be getting oil much unionized. But in the refinery steal the good idea and implement it from our enemies because they would world, those are union jobs. Where are and take credit for it. But we have know that they had us down. those guys? been out here better than 18 months Mr. Speaker, in closing, we have got Mr. WESTMORELAND. If you will now and we still haven’t seen that just a few more minutes here, let me yield for just a second, every bill that commonsense plan to address gasoline just say this. I think what you have has been passed through here has had prices. Not the overall energy thing, heard tonight is that this is an all-of- Davis-Bacon, which is the union pay but to address gasoline prices, which the-above solution. It is all of the above. But a very important part of scale, attached to everything we have she spoke about. passed through here. So I am sure if So I heard it loud and clear all week this is this country producing oil, to increase our oil production. they pass something, if they ever did long, on every stop, every town hall RAHM EMANUEL on TV said, yes, in- about building a refinery, I am sure meeting, every coffee shop, every con- creasing oil production is part of the Davis-Bacon would be added to it. versation that I had. ‘‘You know, what solution. The Speaker has acknowl- Mr. CONAWAY. It would make it a is the deal with drilling offshore? What edged that increasing oil production or little unpalatable for some of us who is the deal with drilling in ANWR? at least having more oil is part of the don’t like Davis-Bacon. What is the deal with oil shale, coal-to- solution. But as my colleague from Mr. WESTMORELAND. I understand, liquid, all these kinds of things? Why is Texas said, we don’t need to take that but I am sure it would be part of what there a political issue going on?’’ Be- out of our savings account. We need to they do. cause these solutions don’t wear party bring it out of our natural resources, Mr. CONAWAY. I am sure you are jerseys, you wouldn’t think. out of the ground. right. If the unions, for goodness sakes, It is really what is in the best inter- Senator SCHUMER in the Senate could force a vote on card check, an ab- ests of America. This is not about Re- about 3 weeks ago said that if we could solute walk-the-plank vote across publicans. It shouldn’t be about Demo- just get Saudi Arabia to increase oil America, a 90 percent issue, if they crats. This ought to be about a ration- production 1 million barrels a day, it could force our colleagues across the al, thoughtful, straightforward energy would drop the price of gas 50 cents a aisle to vote for a card check bill, why policy for America that takes advan- gallon. I don’t know if that is true or can’t they force our colleagues to vote tage all our natural resources and ex- not, but at least on the other side of for an American refinery bill? ploits those natural resources until we this building some of the Democratic The other point I want to make is we can move to whatever is next for the leadership understands that increasing hear this glib little smart aleck re- internal combustion engine that revo- oil production would bring down the mark that, well, we can’t just drill our lutionized America and the world com- price of gas. way out of this problem. You know, ing out of the 19th century into the I don’t know why it is so hard to get that is shallow and insincere. I mean, 20th century. a bill like that to this floor. I think the it is just insulting, quite frankly. So I appreciate my colleague letting reason is strictly politics. It is strictly The raw mechanics are that every me get up here tonight and rant and the radical environmental groups that well that is drilled, not only in the rave a little bit and spit all over the has a grip or their claws into this ma- United States, but in the world, has a folks sitting down here in front of us. jority. finite amount of crude oil and natural But this is important stuff. And our And so I think what is happening is gas that will be produced out of that cutesy little sayings, we use them, the we are putting power above people, we well. That is a finite resource. And so guys on the other side of the aisle use are putting politics above process. Be- if we have got 86 million barrels of pro- them, we can’t drill our way out of it, cause as these gentlemen have talked duction today and we produce 86 mil- use it or lose it, all that little non- tonight, with these ideas that they lion barrels, we have got to find 86 mil- sense, is disrespectful for the serious- have shared they have not had one op- lion new barrels to tack on to maintain ness of this particular policy. portunity to offer one amendment on just flat, where we are, because demand Emptying the Strategic Petroleum Re- the energy bills because they have been is continuing to grow. serve, I had not heard her say that. brought either under suspension, under Night after night, we come down and a closed rule, no committee hearings, b 2145 talk about demand growth in India, de- no subcommittee hearings. The process mand growth in China, demand growth As long as we can buy crude oil, let’s has been broken. And so when the proc- in the United States. So in order to buy it. Let’s keep our savings or the ess is broken, the product is flawed. just stay flat, we have to continue Strategic Petroleum Reserve for that Let me just close with this: drilling if we are going to use crude oil weird eventuality when we can’t get it www.house.gov/westmoreland. Mr. and natural gas as a source to drive from anywhere else and we have got to Speaker, go there, see if your Member automobiles and trucks and airplanes, try to figure out a way to survive in has signed this simple petition that which we are. that environment. How we deal with says I will vote to increase U.S. oil pro- The real issue is not the ultimate end the cost of crude oil, you, you don’t duction to lower the gas prices for game of weaning ourselves off of crude take the savings out of the ground for Americans.

VerDate Aug 31 2005 04:20 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.078 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6217 ENERGY PRICES AND PRODUCTION university there. It was much more moderated discussion focusing on ways The SPEAKER pro tempore (Mr. LIN- widely attended. And this year, we did that individuals can squeeze a few COLN DAVIS of Tennessee). Under the it at one of the local high schools. And more miles out of a gallon and squeeze Speaker’s announced policy of January I am pleased to say that the attend- a few more cooling hours out of that 18, 2007, the gentleman from Texas (Mr. ance was larger this year than it was kilowatt hour of electricity in their BURGESS) is recognized for 60 minutes. the year before. And each year at this homes. So the first panel consisted of Mr. BURGESS. Mr. Speaker, I want- event it becomes more and more im- representatives from AAA Texas and ed to come to the floor tonight and I portant, and attendance increases, be- the Alliance of Automobile Manufac- guess continue what has been a theme cause more people feel the need to be turers and the Denton County Trans- this evening on both sides of the aisle. smarter about their energy consump- portation Authority. The theme is energy. We are hearing a tion. They want to take some control We first heard from a gentleman lot about energy as we go home to our of this energy aspect, the stranglehold named Patrick O’Reilly of AAA Texas. districts, and I am no exception. I that it has on their lives and they want He discussed many of the different heard a lot about energy from my con- to start taking control of their energy maintenance tips and tricks consumers stituents, I heard a lot about energy costs. can use to ensure that their vehicles from talk radio, I heard a lot about en- Higher energy prices. Higher energy aren’t only efficient but perhaps they ergy from newspapers back home. prices have a way of exerting a behav- are a little more safe as well. I wanted to come to the floor tonight ioral change. High prices at the pump, Now, the one that everyone talks and talk a little bit about an event high prices with home energy, they about and you hear it all the time and that I held in my district that dealt have caused a slowdown in the econ- I will mention it again is tire pressure. with energy more from the consumer omy. They have caused times to be- Ensuring that tires are properly in- angle, just from the basis of the aver- come much more stark, even for areas flated can result in a 3 percent fuel age everyday constituent back in the that are relatively blessed like North economy benefit and equivalent gas district. Texas with economic times that are savings of up to 12 cents a gallon. Prop- I have people talk to me and ask me, not as bad as some other areas of the erly inflated tires are safer and they well, what is the real villain here? country. But still, in many homes last longer, so you will spend less Where is the real problem here? Is it across my district and indeed many money on your tires. So, in the long the oil companies? Is it the specu- homes across America tonight, these run, it is a real bargain. lators? Is it the global demand? Where high energy prices really have a stran- Regular oil changes. Now, raise your is the problem? glehold on our American families. hand if your dad ever told you to One of the real frustrations from peo- Now, we have heard over and over change the oil every 3,000 miles and ple back home is that it is just very again tonight. We have heard it from how many of you let that slip a little difficult for the average person to go the Democratic side and we have heard bit. Well, keeping that oil changed out and increase production on their it from the Republican side. The lack every 3 months or 3,000 miles is the own. They can’t do that. It is very dif- of congressional action has been under- right thing to do. But we also learned ficult for the average person to do scored many times before, I am going that using the right grade of motor oil much about energy speculation. It is to underscore it again. In the absence for the environment is important as very difficult for the average person to of congressional action to increase do- well. For example, using a 10W–30 oil in do much about the global impact on mestic sources of energy, I want people an engine designed to use 5W–30 can in my district to know about the tools supply and demand. lower gas mileage by 1 percent or 2 per- What they can do, what they can that they have at their disposal right cent. And this again translates to 4 modify is their own behavior and re- at their fingertips to help them con- cents to 8 cents per gallon of gas sav- duce their own demand profile, perhaps serve energy and save money today. ings. You add that 8 cents to the 12 only a small amount, but you multiply This is not something that will happen cents of tire pressure, and now we are years in the future. This is money that that over the 300 million people in the up to 20 cents savings on that gallon of can be saved today. United States and suddenly you begin gas. So that is what we call the energy to talk about numbers that are in fact Perhaps the most valuable tip that expo. That is what the energy expo is meaningful. was reported that morning and one of all about, learning how to save energy, So the purpose of the event we did which I was not completely aware, but learning how to reduce energy waste, last week in the district was to provide changing the air filters regularly, and learning how to save money along constituents with some insights as to which can increase energy efficiency the way. how to take some personal proactive First of all, we did have someone up to 10 percent and save 41 cents per steps to reduce energy consumption come down from the Department of En- gallon. So now we have saved 20 cents and, in the process, to save some ergy. We invited Leslie Drogin who is by a combination of tire pressure and money off their energy bills. And I was from the Office of Efficiency and Re- using the right grade of motor oil. Add- impressed, Mr. Speaker. This was a newable Energy within the Department ing another 41 cents a gallon, and we week ago last Saturday. It was a nice of Energy. She spoke about some of the are up to saving 60 cents a gallon of Saturday down in Texas. It hadn’t got- alternative energy advancements that gasoline just with these three simple ten too hot just yet. And that morning, are occurring throughout the country, measures that anyone can do as far as nearly 200 Texans, 200 of my constitu- and particularly in some of my commu- automobile maintenance. ents delayed their Saturday morning nities in North Texas. We also heard from a gentleman activities, whether it be mowing the Now, in Texas we are thought of as named Clinton Blair who spoke on be- lawn or just spending time with their an oil State, an oil and gas State. half of the Automobile Alliance, and families, because they were interested Many people are surprised to find out discussed some of the different concept in hearing about what was available as that Texas is the number one State in vehicles and the innovations and tech- far as energy savings. electrical power generation from wind nology that we might expect to see Now, I have done this event for sev- energy, and we are second in the num- now, sooner rather than later. With gas eral years and it has grown in popu- ber of alternative fueling stations. So prices being as they are, clearly there larity year after year. It started out as Texas has been proactive about alter- is a consumer demand and an impetus a relatively small event in one of the native sources of energy and alter- for the development of those types of hardware stores with some of the off- native fuels. vehicles. And most Americans already the-shelf energy efficiency products Now, Leslie also stressed that setting know about the hybrid electric vehi- that were available. We had someone goals for energy efficiency and working cles, but that is just one of the many down from the Department of Energy toward them is not always going to be technologies that is going to be avail- to speak about those things. It was a easy, and it does take to some degree a able to address both the environmental very, very well attended event for as personal commitment. concerns and the rising fuel prices. small as it was. And then the following Now, in addition to some of the local Now, several years ago I had to get year we did it on the campus of the and national speakers, I did have a on a waiting list, but I got on a waiting

VerDate Aug 31 2005 04:20 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.081 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6218 CONGRESSIONAL RECORD — HOUSE July 8, 2008 list and I purchased a hybrid vehicle. ergy to recharge the battery and drive looked at the cost of a hybrid car or of This was back in 2003. It was actually farther on the battery then when you an Alternative Fuel Vehicle, you might 2004 by the time I took delivery of the start that car up for the commute do the math and say, you know, it’ll vehicle. And my main concern at the home, use less fuel in the process, and take me 7 to 9 years to recover the in- time was air quality issues in my area obviously have a positive impact on air vestment of the extra cost of this vehi- of North Texas. With hot summer sun- quality as well. cle, and I just don’t think it’s worth it. shine and particulate matter in the air, b 2200 Now that the price of a gallon of gaso- we have a big problem with ozone, and line has doubled since January of 2007, I wanted to be part of the solution and So I was very grateful to hear about maybe those mathematics work out not part of the problem. So I got in line that innovation because I’ve often won- more in favor of going ahead and of and paid the extra money for a hybrid dered why it is someone hasn’t done making the investment in an Alter- vehicle. that yet when I drive my own hybrid native Fuel Vehicle or in a hybrid vehi- Well, now that gas prices are up to $4 vehicle. cle. a gallon, it looks like absolute genius As to other concepts, like the hydro- Also, as to the economies of scale as to have done that several years ago. gen fuel cells and the new engineering newer technologies are coming on line But the reality was, it was the right techniques like regenerative braking and as more and more of these vehicles thing to do from the standpoint of air systems, some of the hybrids already are being produced, this does have the quality several years ago, and it is the do that. When you step on the brakes, tendency of pushing down the overall right thing to do today from the stand- some of the power then goes to the gen- cost of the production of those vehi- point of lowering the Nation’s fuel con- erator, which recharges the battery, cles, and subsequently, the cost on the sumption and lowering the amount of but again, these are technologies that retail end drops as well. oil that has to be imported sometimes just a few years ago were in their in- All of the auto dealerships that at- from areas of the world that don’t par- fancy but that are now hitting their tended the Energy Expo event were ticularly like us. And we heard about stride and are coming into their own, local, around in the area—James Wood that extensively during the last hour. the concept of recovering energy that Chevrolet from Denton, Bill Utter Ford But in addition to the hybrid tech- would be otherwise wasted during stop- from Denton, and Freeman Toyota nology, there are some other new tech- and-go driving. from Hurst, Texas, which is just down nologies on the road today, and many, Now, Mr. Blair also discussed the im- the road. many more available just over the ho- pact of the Corporate Average Fuel To an individual, they reported that rizon. An innovation on the road today Economy standards, which were passed they could fill all of the orders for hy- is the variable cylinder vehicle. Now, as part of this Congress last year. It brid-type vehicles and for ultra-effi- those of us who were around in the will be a few years before we see the cient vehicles. They could fill all of the Arab embargo of the 1970s remember impact of those. We can argue whether orders and then some. If they had more this type of technology was actually it’s better to have those set by Con- of these vehicles in stock, they felt available back in the 1970s. I think it gress or set by consumers in the mar- comfortable that they could, in fact, was the Cadillac car that came avail- ket. I think the reality is $4-a-gallon sell those vehicles. They have a signifi- able with a button you could push for gasoline is going to do a lot more as far cant backlog for fuel-efficient vehicle either running on all 8 cylinders, run- as lowering the Corporate Average types. In fact, it is almost independent ning on 6, or running on 4. And the the- Fuel Economy than any act of Con- of the sticker price. ory was that when you got up to high- gress could have ever done, but we’ll Another option for Americans, while way speeds and the engine did not need wait and see. they’re waiting on Congress to act and to develop the same amount of power That raises an interesting point when while they’re waiting on auto manufac- just to simply maintain the speed, you people tell us that, if you start tomor- turers to produce more fuel-efficient could drop the cylinder usage to 4 from row with increased drilling, you’re not cars, trucks and SUVs, is another al- 6. going to have that product available to ternative altogether, one that I like to It wasn’t particularly efficient and the American consumer for a number call rapid transit—the transit system didn’t really deliver on the promise. of years, maybe as much as 7- to 10- that we have certainly here in Wash- The technology at that time was large- years’ time. Yet, last fall, we enacted ington, DC. We don’t have quite the ly mechanical rather than electronic, the increases in the Corporate Average same demographics. We don’t have so it wasn’t a big seller. But that con- Fuel Economy standards, recognizing quite the same population densities cept is coming back, and now there are that it was going to be—what?—5 back home as we do here in Wash- variable cylinder vehicles that some- years, 7 years, 10 years before those ington. The fact remains that, with times run as a 6 cylinder vehicle, some- were fully implemented and were fully fuel prices as high as they are, more times run as a 4 cylinder vehicle. And, functional as far as reducing the num- people now are looking towards transit again, it presents another option for ber of gallons of gasoline consumed, as an option for cutting down a portion consumers to save gas. and oh, by the way, you’ve also got to of their fuel bills during their com- We did hear a lot about new car tech- age out the older fleet, which is now mute. nology that is just over the horizon, still consuming gas at the older stand- Now, in Washington, the Metro’s rid- and we hear about it frequently here on ard. So, if you want to talk about a ership is increasing. In fact, the Wash- the floor of the House, we hear it fre- process that consumes time when ington Times this morning was talking quently in the Energy and Commerce you’re anxious to get things done about the Metro’s being somewhat con- Committee, the concept of plug-in hy- quickly, again, the act of Congress to strained in adding more cars because brids and plug-in cars. increase the Corporate Average Fuel they just simply cannot buy any more That is an interesting development. Economy standards certainly, in my electricity during peak times. Well, In fact, just the other day someone was estimation, falls into that category. there’s an argument to be made for ad- telling me about the fact that some of That really was not the point that ditional nuclear plants or for addi- the hybrid cars that are now in produc- Mr. Blair made at the meeting, but it tional clean coal plants that are pro- tion, the next generation of hybrid cars certainly has been my observation over ducing more electricity. We don’t have may very well have a solar panel on time. the electrical generation capacity to the roof. It is a wonderful, insightful So hybrid vehicles and Alternative actually run the rapid transit that we idea, the way to charge that battery Fuel Vehicles are available. They are want to run even with today’s num- while the car is sitting in the parking currently more expensive than tradi- bers. What are we going to do as we add lot, particularly in a State like Texas tional fuel models, and a consumer has to that? where you have got a lot of sunshine to make that estimation and has to Still, transit is going to become in- beating down on that car. And rather make that choice. It is a little bit dif- creasingly important and not nearly as than just heating the interior of the ficult not knowing what the future is popular in my district, where we like car and making it unpleasant when you going to bring. Two years ago, if you to drive our big pickup trucks and our sit down, maybe you could use that en- looked at the price of gasoline and Dually pickup trucks. It’s not nearly

VerDate Aug 31 2005 04:20 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.082 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6219 going to be as popular back home as it to compliment them on the fact that are individuals who are capable and is here in Washington. The infrastruc- they were so thorough. These individ- who will provide that service. ture, certainly, is not nearly as exten- uals presented a very professional dis- For all air-conditioning systems and sive and is not nearly to the matura- course on energy and money savers. for all air infiltration systems, this in- tional point that it is here in the Wash- Certainly, I want to thank them for dividual recommended a few simple ington Metropolitan Area, but I did coming. Some of them did have to trav- steps: First off, when building a home, think it was important for people to el to the area. I want to thank them get the right sized unit for the house. hear about what options are going to for coming and for participating in Obviously, choose a high-efficiency be available in the future as far as that symposium because I think it was, model. There are many more models of transit is concerned. ultimately, very helpful to the end higher efficiency that are available We did hear along that line from user—the consumer—and was helpful Charles Emery, who is with the Denton to, perhaps, devise ways to lower con- today than there were even just a few County Transportation Authority, and sumption, which will help in the sup- years ago. Indeed, some cities have or- he discussed some of the resources ply-demand equation. dinances as to the efficiency rating available to constituents living in the We did have a second panel, and the that can be installed in a house. I know Denton County area, who might con- second panel focused on energy con- my home city of Lewisville has such a sider transit as an option as they go servation in the home. We brought in requirement, but do get the right effi- about their daily commute or, in some individuals representing the Texas ciency, the right sized unit for the area areas of the metroplex, even just trav- State Energy Conservation Office, the that’s going to be cooled and the high- eling around to shops and to shopping Home Builders Association, the Home est efficiency model that is available venues much closer to home. Appliance Manufacturers, and the that will fit the budget, and then make This was useful information. Again, Home Energy Raters organization. certain that the duct right-of-way and the culture is a little bit different in The first on that panel was Mr. Mike the duct sealing is all done properly for North Texas than it is in the metro- Myers, who currently serves as a the proper amount of energy conserva- politan areas. It’s different in the sub- project manager for the Texas Energy tion. urban areas than it is in the urban Partnership, a project of the State of We then heard from another indi- areas. It’s different in the rural areas Texas. Now, Mr. Myers previously vidual who had actually been at one of than it is in the suburban areas where served in the U.S. Department of En- my previous summits, Mr. Dan Fette of it’s not really the norm to use transit, ergy, in their program for affordable but at the same time, this is increasing the Home Builders Association. This housing, and he has worked for both individual has won numerous awards in importance. New York City and for the city of San The Denton County Transportation for not only building homes but for the Antonio. So he talked about some of design of homes, affordable homes, in Authority, interestingly enough, was the personal behaviors that individuals formed as a result of authorizing a vote an energy-efficient fashion. He talked can adopt around the home that trans- that was taken in the general election about the ways that a home could be late into savings when paying the util- in 2002, the same year that I ran for built to be friendlier to the environ- ity bills. ment and friendlier to the energy con- Congress the first time. It was these in- Now, I was kind of surprised to learn sumer’s wallet. dividuals who had the vision to recog- about the cell phone charger. Even if nize that at some point, and at that your cell phone is not plugged into the In Texas, we’ve got a lot of big homes time, it was purely based on congestion charger, the charger still draws power and a lot of big homes with a lot of big, and not based on the price of fuel. It as long as it’s plugged in. Most of that open spaces that sometimes aren’t pro- was simply to mitigate the problems power is going to be converted to heat. tected from the elements. Now, Dan that they saw down the road with con- We’re familiar with the fact that, even specializes in maximizing comfort and gestion. These individuals had the fore- if a phone is not plugged into a charger in minimizing environmental disrup- sight to go to the voters and to ask for and we unplug the charger from the tion and energy waste. He utilizes fea- the will of the voter, if you will, on wall, the charger is a little bit warm, tures in the design of the home that in- whether or not rapid transit was going but it’s obviously drawing electrical clude relocating windows that are ex- to be part of the future of mobility in energy to generate that heat, not a posed to direct sunlight. Denton County. The question was an- particularly useful exercise, especially swered with a resounding ‘‘yes,’’ and Now, in Texas, when I was a kid, we in Texas in the summer. So, as long as over 70 percent of the electorate that used to have things that were called night did vote in favor of starting that the device is plugged in, it’s going to cisterns. They collected rainwater off transit option in North Texas. draw energy. If you’re not using it to the roof of the house, and it ran Texans love their independence. They charge the phone, perhaps it ought to through the gutters and into a holding love to have the independence provided be unplugged unless it’s actually need- tank into the ground. Now they’re by having their own vehicles, but with ed for charging. called rainwater catchment systems, gas up to $4 a gallon, some of the worst We heard from several individuals and they’re capable of meeting land- congestion in the Nation exists in the about the importance of air-condi- scape and irrigation needs. Obviously, tioning duct maintenance. Now, no one Dallas-Fort Worth area. A lot of people they’re dependent upon rainfall to fill in Texas wants to climb in their attics are beginning to evaluate that trade- the reservoir up, but it is a way of in the summertime, where the heat is off and are coming down on the side holding water that is otherwise going probably in excess of 140 degrees, to in- that maybe transit is an option that to just simply go into the storm water spect their air-conditioning equipment they need to investigate a little fur- drainage system, holding onto water to and their air-conditioning ducts for ther. meet the water needs of landscaping, leaks, but if there are leaks in the re- In addition, the increase in food and of course, he recommended using turn system, in the system that brings prices and other services has, unfortu- native landscapes that are lower in air back to the cooling unit from the nately, driven some families to the their water usage. point where they literally have to find household, it pulls that super heated an alternative method of transpor- air in from the attic. Again, in a hot He emphasized the importance of se- tation because they just simply cannot Texas summer, an attic’s environ- lecting proper plumbing fixtures and afford the cost of filling up the family mental temperature can easily be sig- appliances that are appropriate for the vehicle for that commute to work. nificantly in excess of 100 degrees. Not household. Building energy efficiency They’re having to make the choice be- only that, you’re pulling in dust and into a home can reduce the need for ex- tween filling up the automobile or mold and, really, things that do not be- pensive repairs in the future, and it can feeding or sheltering their families. long within the air-conditioning sys- reduce the need for undergoing the ex- Clearly, transit does provide another tem. So, in addition to driving energy pense of an energy audit in the future, option for that. bills much, much higher, it also poses but we’ll kind of leave the discussion of Now, this panel, the first panel that some health risks, so it is important to energy audits to just a little bit later was convened, was educational. I have have those inspections done, and there on.

VerDate Aug 31 2005 04:20 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.083 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6220 CONGRESSIONAL RECORD — HOUSE July 8, 2008 Now, also participating in this panel ciency. It’s always turning on and off, some of these parts of the energy equa- was Mrs. Casey Hege. She was a rep- and the unit will use its maximum of tion in which they feel entirely power- resentative from General Electric’s Ap- draw, its maximum amount of power less to impact: the supply/demand pliance Division. She discussed select- when it switches on. So a unit that’s curve, they feel entirely powerless to ing the appliance options that would switching on and off frequently will impact the globalization that has oc- reward the homeowner with better per- never achieve that high energy effi- curred; if speculators are causing a formance and with lower bills. ciency rating that was the reason you problem, the end consumer has very One of the biggest energy users in bought the larger unit in the first little they can do as far as modifying anyone’s home is of no great surprise— place. So it is important to have the the behavior of the speculator, the fu- the refrigerator. Older model refrig- architect or builder right size the tures trader. But they can modify their erators use more energy. In fact, they equipment for the home that’s being behavior, and they can become more are one of the largest consumers of en- built. savvy consumers, and they can become ergy within the household. So one way And again, having the ability or hav- more efficient consumers. to reduce energy consumption, if it fits ing someone investigate the integrity So all of these were benefits that I the family budget, is to replace the old of the air-conditioning ducts so that witnessed at the local level, and I refrigerator with a higher energy-effi- those leaks which draw in that super- think I would classify this event as a cient model. heated attic air into the return vents, successful event. Again, this was the Now, one thing that she found was so that that doesn’t happen under the third year that it has happened. It has that people who were buying the higher best of circumstances on a hot day; the grown in popularity each year that it efficiency refrigerators were then com- best an air conditioner is going be able has occurred. I have actually had other ing back and were saying, ‘‘You know to achieve is a 20-degree difference be- areas in my district, other than cities what? I’m, in fact, using more energy tween the outside air and the air in- in my district, who have inquired today than I was before I purchased side. Well, if you’re drawing in to the about the possibility of having a sec- this high-energy model.’’ It took her a air-conditioning unit air that’s heated ond event in their locations. And the while to figure out what was hap- to 140 degrees, it’s going to be hard to acceptance by the public and the en- pening. get much measurable cooling off of thusiasm with which the public ap- In Texas, a lot of times what we’ll do that. proached this was, I found, particularly is we’ll take that old refrigerator out Now, in addition to the panelists, we gratifying, and I don’t think there is to the garage, and we’ll plug it in, and had a number of local businesses and any question that we will repeat this we’ll use it for our excess capacity. organizations who had set up displays next year. Well, if you do that, obviously, you’re around the area, and we did have good I wish it wouldn’t be necessary, that not getting any energy savings from participation of the constituency that prices would be down so low that en- buying that more efficient, new refrig- showed up that morning in looking at ergy was no longer a consideration, but erator. the displays, Home Depot, Lowe’s the reality is that’s a world to which Hardware, Peterbilt, which has a man- we probably will not return, at least b 2215 ufacturing plant in my district in Den- during my natural lifetime. So always dispose of the old refrig- ton, NewCon Steel, which is located in Now, we ask our constituents to be erator, dispose of it properly, dispose of Denton, the Agrilife Extension Office more savvy consumers, and they will it carefully. Many of these older mod- of Denton County, the Texas State En- step up and do the job that is asked of els contain Freon, and there are going ergy Conservation Office, obviously them, but while we’re asking them to to be municipal requirements that are several automobile dealerships which I make some of the personal changes in going to have to be met for their dis- previously mentioned, and the Denton their energy demands, we’ve heard it posal, but obviously you’re not going County Transportation Authority all again and again on the floor of this to save money in your home if you buy had either booths or displays to help House tonight, we heard it a week ago a new, highly efficient refrigerator and consumers understand about energy before we went home for the break, the take the old one out to the garage and consumption and provide some infor- July 4th holiday, we in Congress have store whatever beverage you want to mation about energy-efficient products to take some action as well. And we, store in your garage. Having two re- and services. like any other hard problem, like any frigerators does ultimately cost more Peterbilt, for example, bought two other complex problem, you need a money and cost more energy. trucks: one was an over-the-road model short-term, mid-term, and long-term Finally, that morning we heard from that we’re all familiar with, a type of approach to how you’re going to deal Mr. Steve Gleaves—he’s a home energy 18-wheeler that we see on our high- with this. auditor and a founding member of the ways, but it was a diesel hybrid elec- In the short term, we’ve got to make Texas Home Energy Raters Organiza- tric and, as a consequence, achieved sure that our energy is traded in mar- tion—who talked about what to expect about a 10 percent savings on the open kets that are fair and transparent, that with a home energy audit. Now, when road. The other model was, again, a the proper oversight exists from the to seek an audit and what you can ex- diesel-electric hybrid, but this was proper regulatory authorities and the pect to find in your house were the top- more of a delivery truck, the type of proper Federal agencies, to the extent ics of discussion for the home energy truck you might see around town, the that that hasn’t been happening, it has audit. He talked about how common it type of truck that might be in stop- to happen. And I don’t think there is is—and again, this was a recurrent and-go traffic, the type of truck that anyone in this body that would want to theme that we heard several times that might be periodically caught in a traf- go home and try to justify to their con- morning—he talked about how com- fic slowdown caused by congestion. stituents why that is not important. mon it is for home air-conditioning And these vehicles actually achieved To the extent that there is manipula- systems to have leaks in the intake about a 25 percent overall savings. tion in the market, it has to be fer- system and around the ventilation So a significant savings in fuel for reted out, stopped, corrected. grills. the company that was operating those Now, last month, on June 23 in our Again, he emphasizes the point that vehicles, and I was very grateful to Committee on Energy and Commerce, one thing you can do from a heating Peterbilt for having those units there. our Subcommittee of Oversight and In- and air-conditioning standpoint to im- Overall, I think the event was impor- vestigations, we had an investigative prove energy efficiency in the home is tant. I think it was successful. I think hearing. The hearing was titled ‘‘En- to have those ducts inspected. each of us making a personal commit- ergy Speculation. Is Greater Regula- The other aspect that he talked ment to use energy wisely, to use en- tion Necessary to Stop Price Manipula- about, and it was mentioned by one of ergy efficiently is—it’s not the entire tion?’’ our previous presenters, select the solution to our energy problems, but it Now, it was really an interesting right size unit for house. A unit that is certainly can be a part of the solution. hearing, and there was a lot of infor- too big for the area that it is cooling And most importantly in my mind, it mation, some information that I was will never come up to maximum effi- puts the consumer back in control of not aware of prior to the hearing. Some

VerDate Aug 31 2005 04:20 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.084 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6221 information that, yeah, we’ve all heard may be too low. Maybe it needs to be 30 gress, a sense of Congress telling the a lot for a long time. But I think one of percent, 35 percent. Some people even Commodities Futures Trading Commis- the things that became very apparent suggested 50 percent. I’m not an expert sion that maybe you ought to look at during that hearing is that the scope in petroleum financial futures, but exercising your emergency powers. I and the magnitude of the number of clearly 5 percent as a margin does seem liken this to sending a ‘‘get well’’ card dollars that are being invested in the low to me, and I would certainly be to the American energy consumer. We energy futures markets is greater willing to hear the discussion of should really didn’t do anything. It made us today than at any time in country’s these margins be higher. feel better because, by golly, we passed history. And that even if the motives What about the person who buys the a bill and we told the Commodities Fu- are pure, it is just the sheer volume of futures contract and never intends to tures Trading Commission what they dollars that are being invested that is take delivery? And we’re not talking need to do their job. driving the price of these futures con- about an airline who’s hedging against Well, the reality is they knew they tracts higher and higher, and that ob- higher prices by speculating and buy- need to do their job. They were told viously impacts the cost of a barrel of ing on the market and could take de- that in the committee hearing. I can’t crude oil. And it is driving the market livery of that product if they were re- imagine why they haven’t taken those much higher than you would see just quired to do so. We’re talking about steps already, but I certainly don’t based on the cost of—the marginal cost people who have no way. There is no think that a sense of Congress resolu- of production and certainly more than storage tank anywhere near them that tion passed by this Congress 2 weeks would be based on simply factors medi- would allow them to put this oil in a ago was really going to impact them ated by supply and demand. tank and take delivery of the product. much one way or the other. Now, the shift into the futures mar- So clearly, they are only dealing in b 2230 ket and the shift into oil speculation the financial instrument. Again, they by institutional investors has been have no interest in the actual com- Now, that’s the short term. That’s called the financialization of oil prices. modity that’s being traded. the short term to deal with some of the Today, over 70 percent of the partici- So could the Commodities Futures aspects of financial trading or futures pants willing to buy and sell contracts Trading Commission, could it increase trading. for the West Texas intermediate crude margin requirements? Could it put in What about the intermediate steps? on the New York Mercantile Exchange place a requirement that at least in a We heard during that panel that some are speculators, and they’re not par- certain percentage of that futures con- people believe there’s a supply-demand ticipants looking to hedge changes in tract there must be a place to store it problem today. Others say it’s being the price of oil before they take the if it were actually delivered to the per- overblown and it’s really the futures physical delivery of the product. And son who had purchased that contract? market that is the problem; the sup- often times these purchases on these Now, Commissioner Lukken an- ply-demand problem does not exist to contracts are made with what is called swered the question that the Commod- the level at which it should drive the a margin, sometimes it’s only pennies ities Futures Trading Commission does prices as high as we have seen them. on the dollar, 5 percent down, and you currently have the authority to in- I don’t know who’s correct on that, own the futures contract until the time crease margin requirements and add but to a person throughout several of delivery, but oh, by the way, you position limits. So they have them, but panels that day, we heard over and never intended to take delivery be- they’re only to be used under emer- over again, by the year 2015, demand is cause you’re going to sell the contract gency conditions. As I pointed out to going to so vastly outstrip supply that to someone else who will pay more Commissioner Lukken, just in the we will be in serious trouble, serious money for it. Take your cash and run month of May we had three airlines go trouble, not that we’re not in serious before you get to the end of that. bankrupt in a weekend. We had a day trouble, but we’ll be in real serious Now, there was a lot of discussion where the price of crude rose $11 a bar- trouble by 2015 if we do not take the about some of the noncommercial trad- rel in one trading day. We had the steps necessary to increase production ers who hold contracts only for a very Speaker of the House talking about to meet those increased demand re- short period of time. They don’t have a pulling oil out of the Strategic Petro- quirements. place to store the product if they were leum Reserve. Are we not in an emer- Now, we have heard it again tonight to have to exercise the contract. And gency situation already? What other from both sides of the aisle. There are instead, they’re simply riding that in- evidence do you need of an emergency different approaches and different crease wave as it goes up to derive to invoke these emergency powers that thoughts about it, and we’re not talk- profit from the financial instrument would allow you to rein in some of ing about drawing oil from the Stra- itself, not from the actual product that the—if there is cost that’s being driven tegic Petroleum Reserve. That’s a very was pumped out of the ground and put by speculation in the financial market, short-term solution, if indeed it’s a so- into a barrel and to be sold on the open what other evidence do you need? lution at all, and we’ve heard some dis- market. If you have the power to do it in an cussion as to the wisdom of that par- So we did hear from the Commis- emergency situation, I submit you ticular exercise, but things like drill- sioner of the Commodities Future don’t need another study. I submit you ing in the Alaska National Wildlife Trading Commission, Mr. Walter don’t need another law. Go ahead and Refuge, things like drilling on the Lukken. That body is responsible for take the activity which you are em- Outer Continental Shelf, off the east the oversight over the New York Mer- powered to do by virtue of the fact that coast, off the west coast, development cantile Exchange, the NYMEX, and we the Federal agency has the ability of the oil shale in the inner mountain heard from many of the participants under emergency conditions to exercise west. how we could—well, the question that those powers, go ahead and do it and Last December, on our so-called en- was asked of Mr. Lukken by myself is we will deal with the studies, we will ergy bill that really didn’t have any we see what some of the problems are deal with the cumulative effects after- energy in it, in our so-called energy here. What tools do you need that you wards. But the situation is so dire at bill last December, we prohibited re- don’t have today, what tools do you this point, it’s so important at this covering oil from Canada in the Al- need from Congress, what legislative point that I think you ought to do it. berta tar sands because we’re worried activity do you need from Congress to Now, Congress was poised to take about the effect of something down the stop this practice, to get your arms some action on that to perhaps make it road. Well, for goodness sake, Canada around this and to be more along the a little more authoritative that the is probably our largest supplier of for- lines of a supply-demand market, not a Commodity Futures Trading Commis- eign oil. Here is a readily available frenzied financial futures trading mar- sion would in fact be required to do source where they could increase their ket. that, but we kind of fell short of that. production, but we don’t want any part Certainly some of the advice we got And Thursday right before we all left of that because we don’t know what was perhaps the margin investment for the week of the July 4th break, we that’s going to do to our carbon foot- needs to be increased. Five percent passed a bill that was a sense of Con- print down the road.

VerDate Aug 31 2005 04:20 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.085 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6222 CONGRESSIONAL RECORD — HOUSE July 8, 2008 Well, forget about down the road. world if we allow our economy to lan- believe me, I heard that over and over The time is here and now that we need guish, if we allow our economy to fal- and over again when I was home in the to get that increased production. So ter, because we do not have the institu- district this last week. this so-called energy bill that we tional courage to accept the fact that Now, growing and strong economies passed last December, in addition to we’re not quite ready to go on to all al- are better prepared to mitigate some of banning the incandescent bulb, we also ternative types of energy? I wish we’d the effects of disease, hunger, natural banned a type of petroleum from our been building nuclear power plants for disasters, but if we hurt our economy, neighbor to the north, Canada, which the last 10 years but we weren’t. We if we devastate our economy by some could result in an immediate increase should now because nuclear can proof the policies that this Congress has in the amount of crude oil available to vide that base load of electricity that pursued in the last 18 months, our abil- our markets here. So we really did our- you need. ity to deal with those problems has be- selves double harm during that exer- Remember, Texas is the number one come woefully constricted. And who’s cise, but nevertheless, what’s past is wind producing State in the Nation. going to suffer? Who’s going to suffer? past. Let’s get beyond that point. That’s a great thing for Texas. We’re It’s going to be the American middle We have to look at where we’re going going to get to sell a lot of power, and class, the lower middle class, America to get the increased supply that de- it’s power that comes from the wind. working poor are going to suffer dis- mand is going to require by the year How cheap is that? But the reality is proportionately because of the lack of 2015, 7 years away. We hear it talked that even in West Texas, where the preparedness for dealing with those ef- about on the presidential trail. Well, wind seems to blow incessantly, there fects on our economy. This Congress you’re talking about drilling in ANWR; are days when the wind doesn’t blow. has the responsibility to create the you’re talking about drilling in the There are hours in the day when the right type of environment to facilitate Outer Continental Shelf; you’re talking wind blows less ferociously than other the right type of growth in the energy about deepwater drilling in the Gulf of hours. And typically, those days that sector. Mexico. That product is 7 years away. the wind doesn’t blow or those hours Now, I’m going to borrow a poster Well, yeah, that’s right, it’s 7 years when the wind production is dimin- from some of the previous speakers. I away, and if we don’t start today, guess ished is summertime, late in the after- had a copy of today’s Politico that I where we’re going to be in 7 years. noon. But when is the number one elec- was going to read a paragraph or two We’re going to be in tall grass because tricity demand time in Texas because from. We’ve all heard this over and we haven’t done what is necessary to of air conditioning? It’s summertime; over again, how the cost of energy has affect that increased supply. it’s late in the afternoon. So you can’t risen since January of 2001, but if you And we all know the demand is com- depend on wind energy to deliver that really look at that line, if you look at ing. We all hear it every day, China and constant load of electricity that’s that line on what’s happened with en- India and all of the other components needed to keep the grid alive. You need ergy prices, what you see is, yeah, of the global economy that are drawing something to deliver the base load. there’s some bumps and some ups and Now, natural gas fills the bill for a energy into their economies while we downs and a general upward tendency lot of Texas right now. Natural gas literally fiddle as Rome burns here in of that trend line. You see a big peak electrical generation plants, so-called the United States. for Katrina, see a drop-off after the re- peaking plants, are present in my dis- It is time for us to get past that covery from Katrina when the refin- trict. I’ve visited them. I think they point, get on with the development of eries came back online much more provide a wonderful backstop to some new supply. If it takes 7 years, that’s quickly than anyone anticipated. You of our energy requirements during the about the timeline we’ve got, and if we see some peaks and valleys for the summertime in Texas, and I’m grateful don’t start this year, we’re going to be summer driving season. a year later than we should be, or we’re that we have them. But many of these But what really stands out when you going to be 2 years later than we plants are older. They need to be refur- look at those graphs is how the cost of should be. bished. They’re not nearly as efficient. It really begs the question: When is We’re not allowed to build anymore energy has significantly risen since De- this Congress going to wake up and un- coal plants. That’s off the table. cember of 2006, January of 2007. If you derstand the importance, the dire im- So where are the nuclear plants? And look at the number of futures con- portance of that day when demand I ask my friends on the other side, tracts that have been sold, and yes, vastly outstrips supply in 2015? when are we going to be serious about there are more dollars going into those Now, that issue is pretty clear-cut to what we do with the development of future contracts today than in almost me, and I think it’s pretty clear-cut to nuclear in this country to allow that anytime in the Nation’s past, when you most Americans. I think any polling production, that base production of look at how the numbers of futures you do on that subject would show that electricity? And yeah, we might be able contracts and when you look at the most Americans are in tune with the to get over and above that from wind, dollars invested in futures contracts, fact that they understand that allow- we might be able to get over and above yeah, there’s been a general trend line ing the production of American energy that from solar, but those sources of that goes upward from 2000 until about within America’s borders is important energy are not dependable enough. And December of 2006, and then it goes for our national security, it’s impor- we don’t right now have the technology straight up. tant for the future and the sustain- for the proper storage of electricity Well, quoting from Politico, one of ability of our economy. from those technologies that we’re the magazines that we all get in our of- What about the long term? What going to depend on something to pro- fices up here in Washington, D.C., about some of things you have heard vide that base load of electricity that there’s an article on the front page tonight on the development of the we need to fire up the grid, certainly in that’s entitled: ‘‘New Boogeymen: Oil techniques for cellulosic ethanol? It the State of Texas and I suspect in Speculators,’’ and it has a picture of will be a wonderful day when we get other parts of the country as well. the Speaker of the House giving a talk there, but we’re not there yet, and we You know, this is a situation where I and a quote here from the Speaker of cannot let our enthusiasm for the tech- think we’ve heard it eloquently from the House. ‘‘ ‘Oil speculators are mak- nology get ahead of our ability to de- both sides of the aisle tonight. We need ing money by betting against the liver that technology. For the foresee- all hands on deck. We need all possible American consumers at the pump,’ able future, for the 7- to 15-year time technologies that are available, we House Speaker NANCY PELOSI said be- frame, our energy needs are going to be need them to be developed. We need fore the Independence Day recess.’’ met by petroleum-based products: nat- them to be in the process of being de- Well, wait a minute, let’s go back to ural gas, oil, coal. There’s literally no veloped. We need them to come online this. The price of crude, the price of other way around it without simply quickly. All hands on deck. And yet a gasoline, gradually drifting upward, cratering the American economy. lot of times, this Congress behaves like but it really takes a spike upward De- And reality is, do we do anyone any it’s every man for himself. And the cember of 2006, January of 2007. The good here in this country or around the American people don’t get that. And number of futures contracts really

VerDate Aug 31 2005 04:20 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.087 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6223 takes a spike up December of 2006, Jan- ence on oppression from foreign oil. In H.R. 3532. An act to designate the facility uary of 2007. The number of dollars in- fact, a slow rebellion against reliance of the United States Postal Service located vested in the futures market really on foreign oil began when OPEC left at 5815 McLeod Street in Lula, Georgia, as the ‘‘Private Johnathon Millican Lula Post takes a spike up December of 2006, Jan- Americans sitting in lines to buy gaso- Office’’. uary of 2007. line from stations with dry tanks in H.R. 3720. An act to designate the facility Well, what happened between Decem- the 1970s. Today the price stands at $4 of the United States Postal Service located ber of 2006 and January of 2007? Well, a gallon for gasoline, and it shows up at 424 Clay Avenue in Waco, Texas, as the the 109th Congress ended and the 110th in everything from the food we eat and ‘‘Army PFC Juan Alonso Covarrubias Post Congress started. So here we had a clothes we wear to the vacations we Office Building’’. quote from our Speaker today: ‘‘Oil can no longer afford to take. H.R. 3803. An act to designate the facility ‘‘We’ve proposed 15 ways to cut the of the United States Postal Service located speculators are making money by bet- at 3100 Cashwell Drive in Goldsboro, North ting against the American consumers cost of energy for working American Carolina, as the ‘‘John Henry Wooten, Sr. at the pump.’’ families by giving them access to Post Office Building’’. Well, is that really the case? Maybe American energy, the American energy H.R. 3936. An act to designate the facility it is the speculators betting on Con- that they want and need. The problem of the United States Postal Service located gress to continue to make dumb deci- is that the House Democratic leader- at 116 Helen Highway in Cleveland, Georgia, sions about the energy policy in this ship keeps blocking that legislation. as the ‘‘Sgt. Jason Harkins Post Office Building’’. country. And it looks like they started There is no better time than America’s H.R. 3988. An act to designate the facility that about December of 2006 and Janu- Independence Day for Congress to stop of the United States Postal Service located ary of 2007, and guess what. They bet arguing about the problem and to start at 3701 Altamesa Boulevard in Fort Worth, right and they were rewarded. fixing it.’’ Texas, as the ‘‘Master Sergeant Kenneth N. So, until we do something that sends Respectfully submitted, JOE BARTON, Mack Post Office Building’’. a signal to those speculators that Con- R–Arlington, MICHAEL BURGESS, R– H.R. 4166. An act to designate the facility gress is through making the dumb deci- Lewisville. of the United States Postal Service located sions, the dumb decisions that it has It is time that we can get past what at 701 East Copeland Drive in Lebanon, Mis- souri, as the ‘‘Steve W. Allee Carrier been making in the past 18 months and was previously described as a bumper- Annex’’. is now going to make smart decisions sticker mentality and that we get to H.R. 4203. An act to designate the facility for the American public and the Amer- work about solving the serious prob- of the United States Postal Service located ican economy, we’re likely not going to lems that face the American con- at 3035 Stone Mountain Street in Lithonia, see that growth curve go anywhere but sumers. Georgia, as the ‘‘Specialist Jamaal RaShard up. Mr. Speaker, you’ve been very gen- Addison Post Office Building’’. So it is time. And I call on my erous with the time tonight. H.R. 4211. An act to designate the facility of the United States Postal Service located friends on my side of the aisle and the f at 725 Roanoke Avenue in Roanoke Rapids, other side of the aisle, we’ve got to ap- HOUSE BILLS APPROVED BY THE North Carolina, as the ‘‘Judge Richard B. proach this problem sensibly. We just PRESIDENT Allsbrook Post Office’’. cannot simply be blaming the current H.R. 4240. An act to designate the facility bogeyman du jour. We’ve got to face The President notified the Clerk of of the United States Postal Service located the fact that it’s our policies, starting the House that on the following dates at 10799 West Alameda Avenue in Lakewood, in about January of 2007, that have he had approved and signed bills (of the Colorado, as the ‘‘Felix Sparks Post Office House) of the following titles: Building’’. driven this market through the roof H.R. 4454. An act to designate the facility and, as a consequence, has damaged the April 9, 2008: of the United States Postal Service located purchasing power of the American con- H.R. 1593. An act to reauthorize the grant at 3050 Hunsinger Lane in Louisville, Ken- suming public. program for reentry of offenders into the tucky, as the ‘‘Iraq and Afghanistan Fallen And just going a little further into community in the Omnibus Crime Control Military Heroes of Louisville Memorial Post and Safe Streets Act of 1968, to improve re- the article, a point I made a few min- Office Building’’, in honor of the servicemen entry planning and implementation, and for and women from Louisville, Kentucky, who utes ago, ‘‘Before legislators left town, other purposes. the House overwhelmingly approved died in service during Operation Enduring April 18, 2008: Freedom and Operation Iraqi Freedom. legislation that would require a Fed- H.R. 5813. An act to amend Public Law 110– H.R. 5135. An act to designate the facility eral regulatory agency to employ its 196 to provide for a temporary extension of of the United States Postal Service located rarely used emergency powers to crack programs authorized by the Farm Security at 201 West Greenway Street in Derby, Kan- down on any ‘‘excessive’’ speculation in and Rural Investment Act of 2002 beyond sas, as the ‘‘Sergeant Jamie O. Maugans Post April 18, 2008. domestic commodity markets.’’ Again, Office Building’’. April 23, 2008: H.R. 5220. An act to designate the facility that power already existed. I don’t H.J. Res. 70. A joint resolution congratu- know why Commissioner Lukken did of the United States Postal Service located lating the Army Reserve on its centennial, at 3800 SW. 185th Avenue in Beaverton, Or- not equate that with the emergency which will be formally celebrated on April egon, as the ‘‘Major Arthur Chin Post Office with all of the signs and symptoms he 23, 2008, and commemorating the historic Building’’. had around him of an emergency in the contributions of its veterans and continuing H.R. 5400. An act to designate the facility American energy market. contributions of its soldiers to the vital na- of the United States Postal Service located Congress passed—not meaningful leg- tional security interests and homeland de- at 160 East Washington Street in Chagrin fense missions of the United States. Falls, Ohio, as the ‘‘Sgt. Michael M. islation last week. We sent a ‘‘get April 30, 2008: well’’ card to the American consuming Kashkoush Post Office Building’’. H.R. 1119. An act to amend title 36, United H.R. 5472. An act to designate the facility public and hoped that someone wasn’t States Code, to revise the congressional of the United States Postal Service located paying attention and would perhaps charter of the Military Order of the Purple at 2650 Dr. Martin Luther King Jr. Street, In- mistake our activities a week ago Heart of the United States of America, In- dianapolis, Indiana, as the ‘‘Julia M. Carson Thursday for something meaningful. I corporated, to authorize associate member- Post Office Building’’. somehow doubt that that occurred. ship in the corporation for the spouse and H.R. 5489. An act to designate the facility Let me finish up, Mr. Speaker. And I siblings of a recipient of the Purple Heart of the United States Postal Service located medal. want to read a letter that was printed at 6892 Main Street in Gloucester, Virginia, May 6, 2008: as the ‘‘Congresswoman Jo Ann S. Davis in the Dallas Morning News on July 4, H.R. 4286. An act to award a congressional Post Office’’. 2008, ‘‘Oil Independence Day’’—and gold medal to Daw Aung San Suu Kyi in rec- H.R. 5715. An act to ensure continued avail- again, this did run on Independence ognition of her courageous and unwavering ability of access to the Federal student loan Day in the Dallas Morning News. commitment to peace, nonviolence, human program for students and families. ‘‘Tired of unfair laws and unreasonable rights, and democracy in Burma. H.R.3196. An act to designate the facility of taxes, American colonists proclaimed May 7, 2008: the United States Postal Service located at H.R. 3468. An act to designate the facility freedom. As we celebrate liberty today, 20 Sussex Street in Port Jervis, New York, as of the United States Postal Service located the ‘‘E. Arthur Gray Post Office Building’’. it seems ironic that our country has at 1704 Weeksville Road in Elizabeth City, May 18, 2008: evolved from declaring independence North Carolina, as the ‘‘Dr. Clifford Bell H.R. 6051. An act to amend Public Law 110– from foreign oppression to now depend- Jones, Sr. Post Office’’. 196 to provide for a temporary extension of

VerDate Aug 31 2005 05:13 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K08JY7.088 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6224 CONGRESSIONAL RECORD — HOUSE July 8, 2008 programs authorized by the Farm Security intensify programs with respect to research S. 3180. An act to temporarily extend the and Rural Investment Act of 2002 beyond and related activities concerning elder falls. programs under the Higher Education Act of May 16, 2008. April 24, 2008: 1965. S. 1858. An act to amend the Public Health May 19, 2008: f H.R. 6022. An act to suspend the acquisi- Service Act to establish grant programs to tion of petroleum for the Strategic Petro- provide for education and outreach on new- LEAVE OF ABSENCE born screening and coordinated followup care leum Reserve, and for other purposes. By unanimous consent, leave of ab- May 21, 2008: once newborn screening has been conducted, H.R. 493. An act to prohibit discrimination to reauthorize programs under part A of title sence was granted to: on the basis of genetic information with re- XI of such Act, and for other purposes. Mr. COHEN (at the request of Mr. spect to health insurance and employment. April 25, 2008: HOYER) for today on account of a flight May 27, 2008: S. 2903. An act to amend Public Law 110–196 delay. to provide for a temporary extension of pro- H.R. 3522. An act to ratify a conveyance of Mr. LEVIN (at the request of Mr. a portion of the Jicarilla Apache Reservation grams authorized by the Farm Security and Rural Investment Act of 2002 beyond April HOYER) for today on account of per- to Rio Arriba County, State of New Mexico, sonal business. pursuant to the settlement of litigation be- 25, 2008. Mr. MELANCON (at the request of Mr. tween the Jicarilla Apache Nation and Rio April 28, 2008: Arriba County, State of New Mexico, to au- S. 793. An act to provide for the expansion HOYER) for today and until 5 p.m. on and improvement of traumatic brain injury thorize issuance of a patent for said lands, July 9 on account of election quali- programs. and to change the exterior boundary of the fying in the district. May 2, 2008: Jicarilla Apache Reservation accordingly, ILIRAKIS S. 2954. An act to amend Public Law 110–196 Mr. B (at the request of Mr. and for other purposes. to provide for a temporary extension of pro- BOEHNER) for today on account of a de- H.R. 5919. An act to make technical correc- grams authorized by the Farm Security and layed flight. tions regarding the Newborn Screening Rural Investment Act of 2002 beyond May 2, Mr. CARTER (at the request of Mr. Saves Lives Act of 2007. 2008. BOEHNER) for today on account of an June 3, 2008: May 8, 2008: H.R. 2356. An act to amend title 4, United unavoidable family medical obligation. S. 2457. An act to provide for extensions of Mr. PEARCE (at the request of Mr. States Code, to encourage the display of the leases of certain land by Mashantucket BOEHNER) for today on account of trav- flag of the United States on Father’s Day. Pequot (Western) Tribe. H.R. 2517. An act to amend the Missing S. 2739. An act to authorize certain pro- eling back to Washington D.C. Children’s Assistance Act to authorize ap- grams and activities in the Department of Mr. POE (at the request of Mr. propriations; and for other purposes. the Interior, the Forest Service, and the De- BOEHNER) for today on account of offi- H.R. 4008. An act to amend the Fair Credit partment of Energy, to implement further cial business. Reporting Act to make technical corrections the Act approving the Covenant to Establish f to the definition of willful noncompliance a Commonwealth of the Northern Mariana with respect to violations involving the Islands in Political Union with the United SPECIAL ORDERS GRANTED printing of an expiration date on certain States of America, to amend the Compact of credit and debit card receipts before the date Free Association Amendments Act of2003, By unanimous consent, permission to of the enactment of this Act. and for other purposes. address the House, following the legis- June 6, 2008: May 13, 2008: lative program and any special orders H.R. 1195. An act to amend the Safe, Ac- S. 2929. An act to temporarily extend the heretofore entered, was granted to: countable, Flexible, Efficient Transportation programs under the Higher Education Act of (The following Members (at the re- Equity Act: A Legacy for Users to make 1965. quest of Ms. WOOLSEY) to revise and ex- technical corrections, and for other pur- May 23, 2008: poses. S. 3029. An act to provide for an additional tend their remarks and include extra- June 17, 2008: temporary extension of programs under the neous material:) H.R.6081. An act to amend the Internal Small Business Act and the Small Business Mr. SKELTON, for 5 minutes, today. Revenue Code of 1986 to provide benefits for Investment Act of 1958, and for other pur- Ms. WOOLSEY, for 5 minutes, today. military personnel, and for other purposes. poses. Mr. SNYDER, for 5 minutes, today. June 26, 2008: May 30, 2008: Mr. DEFAZIO, for 5 minutes, today. S. 3035. An act to temporarily extend the H.R.3179. An act to amend title 40, United Mr. SHERMAN, for 5 minutes, today. programs under the Higher Education Act of States Code, to authorize the use of Federal (The following Members (at the re- supply schedules for the acquisition of law 1965. enforcement, security, and certain other re- June 3, 2008: quest of Ms. FOXX) to revise and extend lated items by State and local governments. S. 2829. An act to make technical correc- their remarks and include extraneous H.R. 3913. An act to amend the Inter- tions to section 1244 of the National Defense material:) national Center Act to authorize the lease or Authorization Act for Fiscal Year 2008, Mr. POE, for 5 minutes, today, July 9, sublease of certain property described in which provides special immigrant status for 10, 11, 14 and 15. such Act to an entity other than a foreign certain Iraqis, and for other purposes. Mr. JONES of North Carolina, for 5 S.J. Res. 17. A Joint Resolution directing government or international organization if minutes, today, July 9, 10, 14 and 15. certain conditions are met. the United States to initiate international Mr. BURTON of Indiana, for 5 minutes, June 30, 2008: discussions and take necessary steps with H.R. 2642. An Act making appropriations other Nations to negotiate an agreement for today, July 9, 10 and 11. for military construction, the Department of managing migratory and transboundary fish Mr. BONNER, for 5 minutes, today. Veterans Affairs, and related agencies for stocks in the Arctic Ocean. Mr. MORAN of Kansas, for 5 minutes, the fiscal year ending September 30, 2008, and June 20, 2008: today, July 9 and 10. S. 2420. An act to encourage the donation for other purposes. Mr. MCHENRY, for 5 minutes, today, of excess food to nonprofit organizations H.R. 6327. An act to amend the Internal July 9, 10 and 11. Revenue Code of 1986 to extend the funding that provide assistance to food-insecure people in the United States in contracts entered Ms. FOXX, for 5 minutes, today, July and expenditure authority of the Airport and 9, 10 and 11. Airway Trust Fund, and for other purposes. into by executive agencies for the provision, service, or sale of food. Mr. WELLER of Illinois, for 5 minutes, f June 26, 2008: July 9 and 10. SENATE BILLS APPROVED BY THE S. 1245. An act to reform mutual aid agree- Mr. GARRETT of New Jersey, for 5 ments for the National Capital Region. PRESIDENT S. 2516. An act to assist members of the minutes, July 9 and 10. The President notified the Clerk of Armed Forces in obtaining United States Mr. DUNCAN, for 5 minutes, today. the House that on the following dates citizenship, and for other purposes. f he had approved and signed bills (of the June 30, 2008: S. 1692. An act to grant a Federal charter SENATE BILLS REFERRED Senate) of the following titles: to Korean War Veterans Association, Incor- Bills of the Senate of the following April 18, 2008: porated. titles were taken from the Speaker’s S. 550. An act to preserve existing judge- S. 2146. An act to authorize the Adminis- ships on the Superior Court of the District of trator of the Environmental Protection table and, under the rule, referred as Columbia. Agency to accept, as part of a settlement, follows: April 23, 2008: diesel emission reduction Supplemental En- S. 3015. An act to designate the facility of S. 845. An act to direct the Secretary of vironmental Projects, and for other pur- the United States Postal Service located at Health and Human Services to expand and poses. 18 S. G Street, Lakeview, Oregon, as the ‘‘Dr.

VerDate Aug 31 2005 05:13 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.028 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6225 Bernard Daly Post Office Building’’; to the the fiscal year ending September 30, 2008, and United States, for his approval, the fol- Committee on Oversight and Government for other purposes. lowing bills. Reform. H.R. 5690. An act to remove the African Na- H.R. 2642. Making appropriations for mili- S. 3082. An act to designate the facility of tional Congress from treatment as a ter- tary construction, the Department of Vet- the United States Postal Service located at rorist organization for certain acts or erans Affairs, and related agencies for the 1700 Cleveland Avenue in Kansas City, Mis- events, provide relief for certain members of fiscal year ending September 30, 2008, and for souri, as the ‘‘Reverend Earl Abel Post Office the African National Congress regarding ad- other purposes. Building’’; to the Committee on Oversight missibility, and for other purposes. H.R. 5690. To remove the African National and Government Reform. f S. 3218. An act to extend the pilot program Congress from treatment as a terrorist orga- for volunteer groups to obtain criminal his- BILLS PRESENTED TO THE nization for certain acts or events, provide relief for certain members of the African Na- tory background checks; to the Committee PRESIDENT on the Judiciary. tional Congress regarding admissibility, and Lorraine C. Miller, Clerk of the for other purposes. f House, reports that on June 26, 2008, ENROLLED BILLS SIGNED she presented to the President of the f Ms. Lorraine C. Miller, Clerk of the United States, for his approval, the fol- ADJOURNMENT House, reported and found truly en- lowing bill. rolled bills of the House of the fol- H.R. 6327. To amend the Internal Revenue Mr. BURGESS. Mr. Speaker, I move lowing titles, which were thereupon Code of 1986 to extend the funding and ex- that the House do now adjourn. signed by Speaker pro tempore, Mr. penditure authority of the Airport and Air- The motion was agreed to; accord- way Trust Fund, and for other purposes. HOYER: ingly (at 10 o’clock and 45 minutes H.R. 2642. An act making appropriations Lorraine C. Miller, Clerk of the p.m.), the House adjourned until to- for military construction, the Department of House, reports that on June 27, 2008, morrow, Wednesday, July 9, 2008, at 10 Veterans Affairs, and related agenciesh for she presented to the President of the a.m. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Speaker-Authorized Official Travel during the first and second quarters of 2008, pursuant to Public Law 95–384 are as follows: REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO PORT A PRINCE, HAITI, HOUSE OF REPRESENTATIVES, EXPENDED ON MAY 16, 2008

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

Kimberly Rudolph ...... 5/16 5/16 Haiti ...... 80.00 ...... 80.00 Dr. Joe Leonard ...... 5/16 5/16 Haiti ...... 80.00 ...... 80.00 Keiana Barrett ...... 5/16 5/16 Haiti ...... 80.00 ...... 80.00 Nicole King ...... 5/16 5/16 Haiti ...... 80.00 ...... 80.00 Committee total ...... 320.00 ...... 320.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. Honorable CAROLYN C. KILPATRICK, Chairman, June 3, 2008.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO ISRAEL, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 16 AND MAY 20, 2008

Hon. Nancy Pelosi ...... 5/16 5/20 Israel ...... 1,935.00 (3) ...... 1,935.00 Hon. Steny Hoyer ...... 5 /16 5 /20 Israel ...... 1,365.00 (3) ...... 1,365.00 Hon. Rahm Emanuel ...... 5/16 5/20 Israel ...... 1,365.00 (3) ...... 1,365.00 Hon. John Larson ...... 5/16 5/20 Israel ...... 1,365.00 (3) ...... 1,365.00 Hon. Henry Waxman ...... 5 /16 5 /20 Israel ...... 1,365.00 (3) ...... 1,365.00 Hon. Howard Berman ...... 5/16 5/20 Israel ...... 1,365.00 (3) ...... 1,365.00 Hon. Gary Ackerman ...... 5/16 5/20 Israel ...... 1,365.00 (3) ...... 1,365.00 Hon. Nita Lowey ...... 5/16 5/20 Israel ...... 1,365.00 (3) ...... 1,365.00 Hon. Alcee Hastings ...... 5/16 5/20 Israel ...... 1,365.00 (3) ...... 1,365.00 Hon. Jane Harman ...... 5/16 5/20 Israel ...... 1,365.00 (3) ...... 1,365.00 Hon. Ron Klein ...... 5 /16 5 /20 Israel ...... 1,365.00 (3) ...... 1,365.00 Hon. David Dreier ...... 5/16 5/20 Israel ...... 1,365.00 (3) ...... 1,365.00 Hon. Adam Putnam ...... 5/16 5/20 Israel ...... 1,365.00 (3) ...... 1,365.00 Hon. Wilson Livingood ...... 5/16 5/20 Israel ...... 1,365.00 (3) ...... 1,365.00 Michael Sheey ...... 5/16 5/20 Israel ...... 1,365.00 (3) ...... 1,365.00 Brendan Daly ...... 5/16 5/20 Israel ...... 1,365.00 (3) ...... 1,365.00 Reva Price ...... 5 /16 5 /20 Israel ...... 1,365.00 (3) ...... 1,365.00 Stacy Kerr ...... 5/16 5/20 Israel ...... 1,365.00 (3) ...... 1,365.00 Micaela Fernandez ...... 5/16 5/20 Israel ...... 1,365.00 (3) ...... 1,365.00 Mariah Sixkller ...... 5/16 5/20 Israel ...... 1,365.00 (3) ...... 1,365.00 Hugh Halpern ...... 5/16 5/20 Israel ...... 1,365.00 (3) ...... 1,365.00 Steve Rusnak ...... 5/16 5/20 Israel ...... 1,365.00 (3) ...... 1,365.00 Committee total ...... 31,965.00 ...... 31,965.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. Honorable NANCY PELOSI, Speaker of the House, June 20, 2008.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO CANADA-U.S. INTERPARLIAMENTARY GROUP CONFERENCE IN SANTA FE, NEW MEXICO, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 16 AND MAY 19, 2008

Hon. Jim Oberstar ...... 5 /16 5 /19 USA ...... 655.69 ...... 655.69

VerDate Aug 31 2005 04:20 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4634 Sfmt 8634 E:\CR\FM\A08JY7.020 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6226 CONGRESSIONAL RECORD — HOUSE July 8, 2008 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO CANADA-U.S. INTERPARLIAMENTARY GROUP CONFERENCE IN SANTA FE, NEW MEXICO, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 16 AND MAY 19, 2008—Continued

Hon. Marcy Kaptur ...... 5 /16 5 /19 USA ...... 658.69 ...... 658.69 Hon. Louise Slaughter ...... 5/16 5/19 USA ...... 655.69 ...... 655.69 Hon. Cliff Stearns ...... 5/16 5/19 USA ...... 655.69 ...... 655.69 Hon. Bart Stupak ...... 5/16 5/18 USA ...... 436.46 ...... 436.46 Hon. Mark Souder ...... 5/16 5/19 USA ...... 655.69 ...... 655.69 Hon. Tom Tancredo ...... 5/16 5/19 USA ...... 655.69 ...... 655.69 Hon. Daniel Lipinski ...... 5/16 5/19 USA ...... 655.69 ...... 655.69 Peter Quilter ...... 5 /16 5 /19 USA ...... 655.69 ...... 655.69 Melody Hamoud ...... 5/16 5/19 USA ...... 655.69 ...... 655.69 Robyn Wapner ...... 5/16 5/19 USA ...... 655.69 ...... 655.69 Marin Stein ...... 5/14 5/19 USA ...... 1,129.11 ...... 397.00 ...... 142.91 ...... 1,669.02 Ian Fergusson ...... 5/16 5/19 USA ...... 4.00 ...... 4.00 Delegation Costs ...... 23,853.36 ...... 23,853.36 Committee total ...... 8,129.47 ...... 397.00 ...... 23,996.27 ...... 32,522.74 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. Honorable JAMES L. OBERSTAR, Chairman, June 16, 2008.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO AZERBAIJAN, ARMENIA, PAKISTAN AND AFGHANISTAN, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 22 AND MAY 30, 2008

Adam Schiff ...... 5 /23 5 /30 Azer., Arm., Pak., Afg ...... 2,105.00 ...... 7,010.00 ...... 9,115.00 Allyson Schwartz ...... 5/23 5/30 Azer., Arm., Pak., Afg ...... 2,105.00 ...... 7,294.00 ...... 9,399.00 Wayne Gilchrest ...... 5/23 5/27 Azer., Arm., Pak ...... 1,609.00 ...... 5,422.00 ...... 7,031.00 John Lis ...... 5/23 5/27 Azer., Arm., Pak., Afg ...... 2,105.00 ...... 7,010.00 ...... 9,115.00 Tommy Ross ...... 5/23 5/27 Azer., Arm., Pak., Afg ...... 2,105.00 ...... 7,010.00 ...... 9,115.00 Rachael Leman ...... 5/23 5/27 Azer., Arm., Pak., Afg ...... 2,105.00 ...... 7,010.00 ...... 9,115.00 Timothy Bergreen ...... 5/23 5/27 Azer., Arm., Pak., Afg ...... 2,105.00 ...... 7,010.00 ...... 9,115.00 Committee total ...... 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. Honorable ADAM B. SCHIFF, Chairman, June 25, 2008.

(AMENDED) REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON HOMELAND SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2008

Hon. C. Dent ...... 1/7 1/7 London (layover) ...... 12,832.66 1 /7 1 /8 Pakistan ...... 289.00 ...... 289.00 1 /9 1 /10 Afghanistan ...... 1/10 1/11 Pakistan ...... 289.00 ...... 289.00 1/11 1/12 Kuwait ...... 164.00 ...... 164.00 1/12 1/13 Iraq ...... 1/13 1/14 Kuwait ...... 164.00 ...... 164.00 1/14 1/15 Germany ...... 366.00 ...... 12,832.66 ...... 366.00 Hon. Henry Cuellar ...... 1/20 1/22 Mexico ...... 600.00 ...... 1,051.44 ...... 1,651.44 Hon. M. McCaul ...... 1/20 1/22 Mexico ...... 600.00 ...... 1,051.44 ...... 1,651.44 Jessica Herrera-Flanigan ...... 1/20 1/22 Mexico ...... 600.00 ...... 1,051.44 ...... 1,651.44 Stephen Vina ...... 1/20 1/22 Mexico ...... 600.00 ...... 1,051.44 ...... 1,651.44 William Rubens ...... 1/20 1/22 Mexico ...... 600.00 ...... 1,051.44 ...... 1,651.44 Hon. B.G. Thompson ...... 1/24 1/27 Kuwait ...... 1,260.00 ...... 11,707.00 ...... 12,967.00 1/25 1/25 Iraq ...... (3) ...... Todd Levett ...... 1/24 1/27 Kuwait ...... 1,260.00 ...... 11,707.00 ...... 12,967.00 1/25 1/25 Iraq ...... (3) ...... Committee total ...... 5,886.00 ...... 28,671.20 ...... 34,557.20 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. Honorable BENNIE G. THOMPSON, Chairman, June 19, 2008.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON HOMELAND SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2008

VerDate Aug 31 2005 04:20 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4634 Sfmt 8634 E:\CR\FM\A08JY7.006 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6227 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON HOMELAND SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2008—Continued

1/25 1/25 Iraq ...... (3) ...... Todd Levett ...... 1/24 1/27 Kuwait ...... 1,260.00 ...... 11,707.00 ...... 12,967.00 1/25 1/25 Iraq ...... (3) ...... Committee total ...... 5,286.00 ...... 27,619.76 ...... 32,905.76 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. Honorable BENNIE G. THOMPSON, Chairman, June 9, 2008.

EXECUTIVE COMMUNICATIONS, 7346. A letter from the Chairman, Council Committee on Oversight and Government ETC. of the District of Columbia, transmitting a Reform. copy of D.C. ACT 17-406,‘‘Compensation and 7356. A letter from the Chairman, Council Under clause 8 of rule XII, executive Holdover Clarification Amendment Act of of the District of Columbia, transmitting a communications were taken from the 2008,’’ pursuant to D.C. Code section 1- copy of D.C. ACT 17-419, ‘‘Fiscal Year 2009 Speaker’s table and referred as follows: 233(c)(1); to the Committee on Oversight and Budget Support Act of 2008,’’ pursuant to 7339. A letter from the Administrator, De- Government Reform. D.C. Code section 1-233(c)(1); to the Com- partment of Agriculture, transmitting the 7347. A letter from the Chairman, Council mittee on Oversight and Government Re- Department’s final rule — Vidalia Onions of the District of Columbia, transmitting a form. Grown in Georgia; Increased Assessment copy of D.C. ACT 17-410, ‘‘AED Installation 7357. A letter from the Chairman, Council Rate [Docket No. AMS-FV-07-0159; FV08-955- for Safe Recreation and Exercise Temporary of the District of Columbia, transmitting a 1 FR] received June 27, 2008, pursuant to 5 Act of 2008,’’ pursuant to D.C. Code section 1- copy of D.C. ACT 17-417, ‘‘Street Sweeping U.S.C. 801(a)(1)(A); to the Committee on Ag- 233(c)(1); to the Committee on Oversight and Improvement Enforcement Amendment Act riculture. Government Reform. of 2008,’’ pursuant to D.C. Code section 1- 7340. A letter from the Administrator, De- 7348. A letter from the Chairman, Council 233(c)(1); to the Committee on Oversight and partment of Agriculture, transmitting the of the District of Columbia, transmitting a Government Reform. Department’s final rule — Hazelnuts Grown copy of D.C. ACT 17-411, ‘‘Fiscal Year 2008 7358. A letter from the White House Liai- in Oregon and Washington; Establishment of Other-Type and Local Appropriations Ad- son, Department of Education, transmitting Interim Final and Final Free and Restricted justment Temporary Act of 2008,’’ pursuant a report pursuant to the Federal Vacancies Percentages for the 2007-2008 Marketing Year to D.C. Code section 1-233(c)(1); to the Com- Reform Act of 1998; to the Committee on [Docket No. AMS-FV-07-0150; FV08-982-1 FIR] mittee on Oversight and Government Re- Oversight and Government Reform. received June 27, 2008, pursuant to 5 U.S.C. form. 7359. A letter from the White House Liai- 801(a)(1)(A); to the Committee on Agri- 7349. A letter from the Chairman, Council son, Department of Education, transmitting culture. of the District of Columbia, transmitting a a report pursuant to the Federal Vacancies 7341. A letter from the Administrator, De- copy of D.C. ACT 17-418, ‘‘Street Sweeping Reform Act of 1998; to the Committee on partment of Agriculture, transmitting the Improvement Enforcement Temporary Oversight and Government Reform. Department’s final rule — Sweet Onions Amendment Act of 2008,’’ pursuant to D.C. 7360. A letter from the Deputy Associate Grown in Walla Walla Valley of Southeast Code section 1-233(c)(1); to the Committee on General Counsel for General Law, Depart- Washington and Northeast Oregon; Increased Oversight and Government Reform. ment of Homeland Security, transmitting a Assessment Rate [Docket No. AMS-FV-07- 7350. A letter from the Chairman, Council report pursuant to the Federal Vacancies Re- 0157; FV08-956-1 FR] received June 27, 2008, of the District of Columbia, transmitting a form Act of 1998; to the Committee on Over- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- copy of D.C. ACT 17-404, ‘‘Noise Control Pro- sight and Government Reform. mittee on Agriculture. tection Amendment Act of 2008,’’ pursuant to 7361. A letter from the Deputy Associate 7342. A letter from the Administrator D.C. Code section 1-233(c)(1); to the Com- General Counsel for General Law, Depart- Housing and Community Facilities Pro- mittee on Oversight and Government Re- ment of Homeland Security, transmitting a grams, Department of Agriculture, transmit- form. report pursuant to the Federal Vacancies Re- ting the Department’s final rule — Housing 7351. A letter from the Chairman, Council form Act of 1998; to the Committee on Over- Preservation Grants (RIN: 0575-AC76) re- of the District of Columbia, transmitting a sight and Government Reform. ceived June 25, 2008, pursuant to 5 U.S.C. copy of D.C. ACT 17-405, ‘‘Financial Literacy 7362. A letter from the General Counsel, 801(a)(1)(A); to the Committee on Financial Council Establishment Act of 2008,’’ pursu- Department of Housing and Urban Develop- Services. ant to D.C. Code section 1-233(c)(1); to the ment, transmitting a report pursuant to the 7343. A letter from the Chief Counsel, Committee on Oversight and Government Federal Vacancies Reform Act of 1998; to the FEMA, Department of Homeland Security, Reform. Committee on Oversight and Government transmitting the Department’s final rule — 7352. A letter from the Chairman, Council Reform. Final Flood Elevation Determinations — re- of the District of Columbia, transmitting a 7363. A letter from the General Counsel, ceived June 23, 2008, pursuant to 5 U.S.C. copy of D.C. ACT 17-407, ‘‘Wards 4, 7, and 8 Department of Housing and Urban Develop- 801(a)(1)(A); to the Committee on Financial Anti-Sale of Single Containers of Alcoholic ment, transmitting a report pursuant to the Services. Beverages Act of 2008,’’ pursuant to D.C. Federal Vacancies Reform Act of 1998; to the 7344. A letter from the Director, Office of Code section 1-233(c)(1); to the Committee on Committee on Oversight and Government Legislative Affairs, Federal Deposit Insur- Oversight and Government Reform. Reform. ance Corporation, transmitting the Corpora- 7353. A letter from the Chairman, Council 7364. A letter from the White House Liai- tion’s final rule — Deposit Insurance Re- of the District of Columbia, transmitting a son, Department of Justice, transmitting a quirements After Certain Conversions; Defi- copy of D.C. ACT 17-408, ‘‘Golden Triangle report pursuant to the Federal Vacancies Re- nition of ‘‘Corporate Reorganization;’’ Op- BID Amendment Act of 2008,’’ pursuant to form Act of 1998; to the Committee on Over- tional Conversions (’’Oakar Transactions’’); D.C. Code section 1-233(c)(1); to the Com- sight and Government Reform. Additional Grounds for Disapproval of mittee on Oversight and Government Re- 7365. A letter from the White House Liai- Changes in Control; and Disclosure of Cer- form. son, Department of Justice, transmitting a tain Supervisory Information (RIN: 3064- 7354. A letter from the Chairman, Council report pursuant to the Federal Vacancies Re- AD25) received June 23, 2008, pursuant to 5 of the District of Columbia, transmitting a form Act of 1998; to the Committee on Over- U.S.C. 801(a)(1)(A); to the Committee on Fi- copy of D.C. ACT 17-415, ‘‘Affordable Housing sight and Government Reform. nancial Services. Clearinghouse Directory Act of 2008,’’ pursu- 7366. A letter from the Assistant Secretary 7345. A letter from the Director, Regula- ant to D.C. Code section 1-233(c)(1); to the for Legislative Affairs, Department of State, tions Policy and Mgmt. Staff, Department of Committee on Oversight and Government transmitting a report pursuant to the Fed- Health and Human Services, transmitting Reform. eral Vacancies Reform Act of 1998; to the the Department’s final rule — Medical De- 7355. A letter from the Chairman, Council Committee on Oversight and Government vices; Hearing Aids; Technical Data Amend- of the District of Columbia, transmitting a Reform. ments [Docket No. FDA-2008-N-0148] received copy of D.C. ACT 17-416, ‘‘Nuisance Prop- 7367. A letter from the Assistant Secretary July 23, 2008, pursuant to 5 U.S.C. erties Abatement Reform and Real Property for Legislative Affairs, Department of State, 801(a)(1)(A); to the Committee on Energy and Classification Amendment Act of 2008,’’ pur- transmitting a report pursuant to the Fed- Commerce. suant to D.C. Code section 1-233(c)(1); to the eral Vacancies Reform Act of 1998; to the

VerDate Aug 31 2005 05:13 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.006 H08JYPT1 wwoods2 on PRODPC60 with HOUSE H6228 CONGRESSIONAL RECORD — HOUSE July 8, 2008 Committee on Oversight and Government transmitting the Department’s ‘‘Major’’ de Chalup Turcinovic (Rept. 110–743). Re- Reform. final rule — State Children’s Health Insur- ferred to the Private Calendar. 7368. A letter from the Acting Deputy As- ance Program (SCHIP); Retrospective Ad- Mr. CARDOZA: Committee on Rules. sistant Administrator for Regulatory Pro- justment for Additional Allotments to House Resolution 1317. Resolution providing grams, National Oceanic and Atmospheric Eliminate Fiscal Year (FY) 2007 Funding for consideration of the bill (H.R. 1286) to Administration, transmitting the Adminis- Shortfalls; Final SCHIP Allotments for FYs amend the National Trails System Act to tration’s final rule — Endangered and 2008 and 2009; Redistribution of Unused designate the Washington-Rochambeau Rev- Threatened Species: Final Listing Deter- SCHIP FY 2005 Allotments to Eliminate FY olutionary Route National Historic Trail minations for 10 Distinct Population Seg- 2008 Funding Shortfalls; Additional Allot- (Rept. 110–744). Referred to the House Cal- ments of West Coast Steelhead [Docket No. ments to Eliminate FY 2008 Funding Short- endar. 051216341-5341-01; I.D. No. 052104F] (RIN: 0648- falls; and Provisions for Continued Author- Mr. WELCH of Vermont: Committee on AR93) received June 23, 2008, pursuant to 5 ity for Qualifying States to Use a Portion of Rules. House Resolution 1318. Resolution U.S.C. 801(a)(1)(A); to the Committee on Nat- Certain SCHIP Funds for Medicaid Expendi- providing for consideration of the bill (H.R. ural Resources. tures [CMS-2273-N2 and CMS-2265-N] (RIN: 5811) to amend title 44, United States Code, 7369. A letter from the Acting Deputy As- 0938-AO99 and 0938-APO7) Received June 27, to require preservation of certain electronic sistant Administrator for Regulatory Pro- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); jointly records by Federal agencies, to require a cer- grams, National Oceanic and Atmospheric to the Committees on Ways and Means and tification and reports relating to Presi- Administration, transmitting the Adminis- Energy and Commerce. dential records, and for other purposes (Rept. tration’s final rule — Endangered and f 110–745). Referred to the House Calendar. Threatened Species; Revision of Critical Mr. OBEY: Committee on Appropriations. Habitat for the Northern Right Whale in the REPORTS OF COMMITTEES ON Report on the Suballocation of Budget Allo- Pacific Ocean [Docket No. 051018271-6157-02; cations for Fiscal Year 2008 (Rept. 110–746). I.D. 101405C] (RIN: 0648-AT84) received June PUBLIC BILLS AND RESOLUTIONS Referred to the Committee of the Whole 23, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to Under clause 2 of rule XIII, reports of House on the State of the Union. the Committee on Natural Resources. committees were delivered to the Clerk Mr. OBEY: Committee on Appropriations. 7370. A letter from the Acting Assistant for printing and reference to the proper Administrator, NMFS, National Oceanic and Report on the Suballocation of Budget Allo- Atmospheric Administration, transmitting calendar, as follows: cations for Fiscal Year 2008 (Rept. 110–747). the Administration’s final rule — Endan- Mr. RAHALL: Committee on Natural Re- Referred to the Committee of the Whole gered and Threatened Wildlife and Plants: sources. H.R. 415. A bill to amend the Wild House on the State of the Union. Threatened Status for Southern Distinct and Scenic Rivers Act to designate segments Mr. FRANK of Massachusetts: Committee Population Segment of North American of the Taunton River in the Commonwealth on Financial Services. H.R. 6184. A bill to Green Sturgeon [Docket No. 050323081-6079-02; of Massachusetts as a component of the Na- provide for a program for circulating quarter I.D. 031505C] (RIN: 0648-AT02) received June tional Wild and Scenic Rivers System; with dollar coins that are emblematic of a na- 23, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to an amendment (Rept. 110–735). Referred to tional park or other national site in each the Committee on Natural Resources. the Committee of the Whole House on the State, the District of Columbia, and each 7371. A letter from the Deputy Assistant State of the Union. territory of the United States, and for other Administrator for Operations, National Oce- Mr. RAHALL: Committee on Natural Re- purposes (Rept. 110–748). Referred to the anic and Atmospheric Administration, trans- sources. H.R. 1286. A bill to amend the Na- Committee of the Whole House on the State mitting the Administration’s final rule — tional Trails System Act to designate the of the Union. Endangered and Threatened Species: Final Washington-Rochambeau Revolutionary f Protective Regulations for Threatened Upper Route National Historic Trail; with an Columbia River Steelhead [Docket No. amendment (Rept. 110–736). Referred to the TIME LIMITATION OF REFERRED 060124013-6013-01; I.D. 052104F] (RIN: 0648- Committee of the Whole House on the State BILL AU18) received June 23, 2008, pursuant to 5 of the Union. Pursuant to clause 2 of rule XII the U.S.C. 801(a)(1)(A); to the Committee on Nat- Mr. RAHALL: Committee on Natural Re- following action was taken by the ural Resources. sources. H.R. 1423. A bill to authorize the 7372. A letter from the Deputy Assistant Secretary of the Interior to lease a portion Speaker: Administrator for Regulatory Programs, Na- of a visitor center to be constructed outside [The following action occurred on June 27, 2008] tional Oceanic and Atmospheric Administra- the boundary of the Indiana Dunes National H.R. 5541. Referral to the Committees on tion, transmitting the Administration’s final Lakeshore in Porter County, Indiana, and for Agriculture and the Budget extended for a rule — Endangered and Threatened Species; other purposes; with amendments (Rept. 110– period ending not later than July 11, 2008. Designation of Critical Habitat for Southern 737). Referred to the Committee of the Whole f Resident Killer Whale [Docket No. 060228057- House on the State of the Union. 6283-02; I.D. 022206D] (RIN: 0648-AU38) re- Mr. RAHALL: Committee on Natural Re- PUBLIC BILLS AND RESOLUTIONS ceived June 23, 2008, pursuant to 5 U.S.C. sources. H.R. 3981. A bill to authorize the Under clause 2 of rule XII, public 801(a)(1)(A); to the Committee on Natural Preserve America Program and Save Amer- Resources. ica’s Treasures Program, and for other pur- bills and resolutions were introduced 7373. A letter from the OGE Director, Of- poses; with an amendment (Rept. 110–738). and severally referred, as follows: fice of Government Ethics, transmitting the Referred to the Committee of the Whole By Mr. SCALISE: Office’s final rule — Post-Employment Con- House on the State of the Union. H.R. 6428. A bill to provide for State en- flict of Interest Restrictions (RIN: 3209-AA14) Mr. RAHALL: Committee on Natural Re- hanced authority for coastal and ocean re- received June 23, 2008, pursuant to 5 U.S.C. sources. H.R. 4199. A bill to amend the Day- sources, expansion of America’s supply of 801(a)(1)(A); to the Committee on the Judici- ary. ton Aviation Heritage Preservation Act of natural gas and oil, and for other purposes; 7374. A letter from the Clerk of the House 1992 to add sites to the Dayton Aviation Her- to the Committee on Natural Resources, and of Representatives, transmitting the annual itage National Historical Park, and for other in addition to the Committees on Ways and compilation of personal financial disclosure purposes; with an amendment (Rept. 110–739). Means, Energy and Commerce, Armed Serv- statements and amendments thereto filed Referred to the Committee of the Whole ices, and the Judiciary, for a period to be with the Clerk of the House of Representa- House on the State of the Union. subsequently determined by the Speaker, in tives, pursuant to Rule XXVI, clause 1, of the Mr. RAHALL: Committee on Natural Re- each case for consideration of such provi- House Rules; (H. Doc. No. 110–129); to the sources. H.R. 5741. A bill to amend the High sions as fall within the jurisdiction of the Committee on Standards of Official Conduct Seas Driftnet Fishing Moratorium Protec- committee concerned. and ordered to be printed. tion Act and the Magnuson-Stevens Fishery By Mr. MICHAUD: 7375. A communication from the President Conservation and Management Act to im- H.R. 6429. A bill to establish a small busi- of the United States, transmitting notifica- prove the conservation of sharks; with an ness energy emergency disaster loan pro- tion of his intention to designate the Repub- amendment (Rept. 110–740). Referred to the gram; to the Committee on Small Business, lic of Serbia and the Republic of Montenegro Committee of the Whole House on the State and in addition to the Committee on Agri- as seperate beneficiary developing countries of the Union. culture, for a period to be subsequently de- under the Generalized System of Preferences Mr. CONYERS: Committee on the Judici- termined by the Speaker, in each case for (GSP) and to terminate the designation of ary. H.R. 1485. A bill for the relief of Esther consideration of such provisions as fall with- Trinidad and Tobago as a beneficiary devel- Karinge (Rept. 110–741). Referred to the Pri- in the jurisdiction of the committee con- oping country under the Generalized System vate Calendar. cerned. of Preferences (GSP), pursuant to Public Mr. CONYERS: Committee on the Judici- By Mr. BUYER: Law 104-188, section 1952(a)(110 Stat. 1917); (H. ary. H.R. 2760. A bill for the relief of Shigeru H.R. 6430. A bill to amend title 38, United Doc. No. 110–130); to the Committee on Ways Yamada (Rept. 110–742). Referred to the Pri- States Code, relating to the health profes- and Means and ordered to be printed. vate Calendar. sional scholarship program of the Depart- 7376. A letter from the Program Manager, Mr. CONYERS: Committee on the Judici- ment of Veterans Affairs; to the Committee Department of Health and Human Services, ary. H.R. 5030. A bill for the relief of Corina on Veterans’ Affairs.

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By Mr. BUYER: By Mr. HARE (for himself, Mr. FILNER, H. Res. 1322. A resolution commending the H.R. 6431. A bill to amend title 38, United Mr. MICHAUD, Mrs. DAVIS of Cali- firefighters from California and throughout States Code, to require the Secretary of Vet- fornia, Mr. WALZ of Minnesota, Mr. the United States for their courageous ac- erans Affairs to submit to Congress reports RODRIGUEZ, Ms. BERKLEY, Ms. tions and sacrifices in fighting the California in electronic form; to the Committee on Vet- CORRINE BROWN of Florida, and Mr. wildfires; to the Committee on Natural Re- erans’ Affairs. HALL of New York): sources. By Mr. PALLONE (for himself, Mr. H.R. 6439. A bill to amend title 38, United By Mr. MITCHELL: DINGELL, Mr. BARTON of Texas, Mr. States Code to expand the authority of the H. Res. 1323. A resolution commending the DEAL of Georgia, and Mr. TOWNS): Secretary of Veterans Affairs to provide Arizona State University softball team for H.R. 6432. A bill to amend the Federal counseling for family members of veterans their victory in the 2008 Women’s College Food, Drug, and Cosmetic Act to revise and receiving non-service-connected treatment; World Series; to the Committee on Edu- extend the animal drug user fee program, to the Committee on Veterans’ Affairs. cation and Labor. and for other purposes; to the Committee on By Mr. PAUL: By Mr. STUPAK (for himself and Mr. Energy and Commerce. H.R. 6440. A bill to provide for the transfer RAMSTAD): By Mr. PALLONE (for himself, Mr. of certain Federal Property to the Galveston H. Res. 1324. A resolution requesting that DINGELL, Mr. BARTON of Texas, Mr. Historical Foundation; to the Committee on the President focus appropriate attention on DEAL of Georgia, and Mr. TOWNS): Transportation and Infrastructure. neighborhood crime prevention and commu- H.R. 6433. A bill to amend the Federal By Mr. PAUL: nity policing, and coordinate certain Federal Food, Drug, and Cosmetic Act to establish a H.R. 6441. A bill to amend the Internal Rev- efforts to participate in National Night Out, program of fees relating to generic new ani- enue Code of 1986 to provide tax incentives which occurs the first Tuesday of August mal drugs; to the Committee on Energy and for replacing an automobile with a more each year, including by supporting local ef- Commerce. fuel-efficient automobile; to the Committee forts and community watch groups and by By Mr. FARR (for himself, Mr. on Ways and Means. supporting local officials, to promote com- BLUMENAUER, Mr. ANDREWS, Mrs. By Mr. SPRATT: munity safety and help provide homeland se- CAPPS, Ms. ESHOO, Mr. THOMPSON of H.R. 6442. A bill to amend the Trade Act of curity; to the Committee on the Judiciary. California, Mr. STARK, Mr. FILNER, 1974 to require the Secretary of Labor to cer- f Ms. LEE, Mr. BACA, Mr. DICKS, Ms. tify a group of workers in a subdivision of ZOE LOFGREN of California, Mrs. firm as eligible to apply for assistance under PRIVATE BILLS AND DAVIS of California, Mr. DEFAZIO, and the trade adjustment assistance program if RESOLUTIONS Ms. SLAUGHTER): the subdivision is a seller of articles of the H.R. 6434. A bill to establish national firm that employed a group of workers who Under clause 3 of rule XII, standards for discharges from cruise vessels received a certification of eligibility under Mr. WAMP introduced a bill (H.R. 6443) for into the waters of the United States, and for such program and such sales are related to the relief of Carlos Espinal Castillo-Rey- other purposes; to the Committee on Trans- the article that was the basis for such cer- nolds; which was referred to the Committee portation and Infrastructure. tification; to the Committee on Ways and on the Judiciary. By Mr. CASTLE (for himself and Mr. Means. f CAPUANO): By Mr. BLUNT (for himself, Mr. H.R. 6435. A bill to relieve traffic conges- EHLERS, Mr. HUNTER, Mr. SMITH of ADDITIONAL SPONSORS tion; to the Committee on Transportation Texas, Mr. COLE of Oklahoma, Mr. Under clause 7 of rule XII, sponsors were and Infrastructure. HAYES, Mrs. MILLER of Michigan, Mr. added to public bills and resolutions as fol- By Mr. CHABOT: MCCARTHY of California, and Mr. lows: H.R. 6436. A bill to combat international HELLER): oil price fixing and to amend the Internal H. Con. Res. 388. Concurrent resolution ex- H.R. 21: Mr. SARBANES. Revenue Code of 1986 to allow individuals a pressing the sense of Congress that the De- H.R. 74: Mr. MOLLOHAN. credit against income tax of at least $1,000 to partment of Defense and the Federal Voting H.R. 303: Mr. MORAN of Virginia. offset high 2008 gasoline and diesel fuel Assistance Program should take certain ad- H.R. 410: Mr. HIGGINS. prices; to the Committee on Ways and ditional and timely measures to ensure that H.R. 468: Ms. MATSUI. Means, and in addition to the Committee on members of the Armed Forces and their de- H.R. 510: Mr. GOHMERT. Foreign Affairs, for a period to be subse- pendents are provided with reasonable infor- H.R. 552: Mr. FARR, Mr. WILSON of Ohio, quently determined by the Speaker, in each mation on how to register to vote and vote Mr. TIERNEY, and Mr. BACA. case for consideration of such provisions as in the 2008 general elections; to the Com- H.R. 636: Mr. SCALISE. fall within the jurisdiction of the committee mittee on House Administration, and in ad- H.R. 643: Mr. CARSON. concerned. dition to the Committee on Armed Services, H.R. 689: Mr. SCALISE. By Mr. CONAWAY (for himself, Mr. for a period to be subsequently determined H.R. 690: Mr. MORAN of Virginia. BRADY of Texas, Mr. HINOJOSA, Mr. by the Speaker, in each case for consider- H.R. 695: Mr. ANDREWS. ORTIZ, Mr. CUELLAR, Ms. JACKSON- ation of such provisions as fall within the ju- H.R. 777: Mr. ROTHMAN. LEE of Texas, Mr. SMITH of Texas, risdiction of the committee concerned. H.R. 1073: Mr. ANDREWS. Mr. THORNBERRY, Mr. MARCHANT, Mr. By Mr. FILNER: H.R. 1185: Mr. EMANUEL and Ms. HENSARLING, Mr. GENE GREEN of H. Res. 1319. A resolution expressing sup- SCHAKOWSKY. Texas, Mr. HALL of Texas, Mr. POE, port for the designation of Four Immortal H.R. 1193: Mr. MCNERNEY. Ms. GRANGER, Mr. GONZALEZ, Mr. Chaplains Day in remembrance of the 4 men H.R. 1228: Ms. LEE. NEUGEBAUER, Mr. SAM JOHNSON of who paid the ultimate sacrifice in the name H.R. 1295: Mr. MANZULLO and Mr. GOHMERT. Texas, Mr. CARTER, Mr. CULBERSON, of compassion for those of different races and H.R. 1306: Mr. PATRICK MURPHY of Pennsyl- Mr. GOHMERT, Mr. BARTON of Texas, faiths; to the Committee on Armed Services. vania. Mr. MCCAUL of Texas, Mr. EDWARDS By Mr. JACKSON of Illinois (for him- H.R. 1320: Mr. BRADY of Pennsylvania. of Texas, Mr. BURGESS, Mr. self, Mr. CASTLE, and Mr. DAVIS of Il- H.R. 1350: Mr. FOSTER. RODRIGUEZ, Mr. AL GREEN of Texas, linois): H.R. 1363: Ms. MCCOLLUM of Minnesota. Mr. REYES, Mr. SESSIONS, Mr. PAUL, H. Res. 1320. A resolution expressing sup- H.R. 1390: Ms. FOXX. Mr. DOGGETT, Ms. EDDIE BERNICE port for designation of July 10, 2008, as ‘‘Na- H.R. 1428: Mr. MORAN of Virginia. JOHNSON of Texas, Mr. LAMPSON, Mr. tional Summer Learning Day’’; to the Com- H.R. 1514: Mr. TOWNS. SALAZAR, and Mr. SKELTON): mittee on Education and Labor. H.R. 1606: Mr. HASTINGS of Florida. H.R. 6437. A bill to designate the facility of By Mr. BLUMENAUER (for himself, H.R. 1619: Ms. LINDA T. SA´ NCHEZ of Cali- the United States Postal Service located at Mr. WALDEN of Oregon, Mr. DEFAZIO, fornia, Mr. COHEN, Mr. SPACE, and Mr. 200 North Texas Avenue in Odessa, Texas, as Ms. HOOLEY, and Mr. WU): LATOURETTE. the ‘‘Corporal Alfred Mac Wilson Post Of- H. Res. 1321. A resolution honoring the Or- H.R. 1653: Ms. DEGETTE. fice’’; to the Committee on Oversight and egon National Guard Youth Challenge Pro- H.R. 1671: Mr. BOSWELL. Government Reform. gram for its outstanding achievements; to H.R. 1707: Mr. BACA. By Mr. COURTNEY: the Committee on Armed Services. H.R. 1738: Mr. TIM MURPHY of Pennsylvania H.R. 6438. A bill to amend title 10, United By Mr. FARR (for himself, Ms. PELOSI, and Mr. CONYERS. States Code, to lift restrictions on the avail- Mrs. CAPPS, Mr. THOMPSON of Cali- H.R. 1755: Mr. MARKEY. ability of certain enlistment, reenlistment, fornia, Mrs. NAPOLITANO, Mrs. H.R. 1889: Mr. SHERMAN. and student loan benefits for military tech- TAUSCHER, Ms. LORETTA SANCHEZ of H.R. 1912: Mr. SMITH of New Jersey. nicians, when membership in a reserve com- California, Mr. SCHIFF, Mr. BERMAN, H.R. 1926: Mr. CUMMINGS. ponent is a condition of the military techni- Ms. ZOE LOFGREN of California, Ms. H.R. 2073: Mr. MCCOTTER. cian’s employment and to repeal the prohibi- ESHOO, Mr. HONDA, Mr. ROYCE, Ms. H.R. 2169: Ms. VELA´ ZQUEZ. tion in title 32, United States Code, against SOLIS, Mr. GALLEGLY, Ms. MATSUI, H.R. 2208: Mr. ROGERS of Kentucky, Mr. overtime pay for National Guard techni- Mr. BACA, Mrs. BONO MACK, Mr. BROWN of South Carolina, Mr. SOUDER, Mr. cians; to the Committee on Armed Services. COSTA, and Ms. LEE): HASTINGS of Washington, and Mr. CRENSHAW.

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H.R. 2303: Mr. WILSON of South Carolina. H.R. 5564: Mr. BOOZMAN. H.R. 6407: Mr. ETHERIDGE, Mr. SARBANES, H.R. 2332: Mr. NEUGEBAUER, Mr. FOSTER, H.R. 5573: Mr. CONYERS and Mr. ALTMIRE. Ms. DELAURO, Mr. MICHAUD, Mrs. Mr. GRAVES, Mr. PETERSON of Pennsylvania, H.R. 5580: Mr. BERMAN. NAPOLITANO, and Mr. UDALL of Colorado. and Mr. RYAN of Wisconsin. H.R. 5590: Mr. SMITH of New Jersey. H.R. 6410: Mr. PAUL. H.R. 2493: Mr. CRENSHAW. H.R. 5635: Mr. WELLER. H.J. Res. 39: Mr. WALBERG and Mr. BOU- H.R. 2533: Mr. CANTOR and Mr. THOMPSON of H.R. 5662: Mr. STUPAK and Mr. SESTAK. CHER. California. H.R. 5672: Mr. MOORE of Kansas. H.J. Res. 93: Mr. ANDREWS. H.R. 2552: Mr. LINCOLN DAVIS of Tennessee. H.R. 5673: Mr. GOHMERT. H.J. Res. 96: Mr. JORDAN, Mr. ENGLISH of H.R. 2558: Mr. MARCHANT and Mr. PLATTS. H.R. 5698: Mr. CLEAVER. Pennsylvania, and Mr. BURGESS. H.R. 5709: Mrs. EMERSON. H.R. 2604: Mr. SCHIFF. H. Con. Res. 33: Mr. LEWIS of Georgia. H.R. 5723: Mr. ALTMIRE. H.R. 2670: Ms. PRYCE of Ohio. H. Con. Res. 73: Mr. RYAN of Ohio. H.R. 5727: Mr. WAMP, Mr. SPACE, and Mr. H.R. 2694: Mr. JEFFERSON. H. Con. Res. 223: Mr. DEFAZIO, Mrs. ROGERS of Kentucky. H.R. 2708: Ms. LEE. MYRICK, and Mr. ROSS. H.R. 5731: Mrs. DRAKE. H.R. 2712: Mr. SHUSTER. H. Con. Res. 244: Mr. BISHOP of New York. H.R. 5737: Mr. THOMPSON of Mississippi. H.R. 2731: Mr. LATHAM. H. Con. Res. 276: Mr. CARSON. H.R. 5741: Ms. LEE. H.R. 2832: Ms. GINNY BROWN-WAITE of Flor- H. Con. Res. 341: Mr. SHUSTER. H.R. 5752: Mr. GORDON, Mr. MCHENRY, and ida. H. Con. Res. 356: Mr. HINCHEY. Mr. ALLEN. LUMENAUER ERMAN H. Con. Res. 358: Mr. AKIN and Mr. H.R. 2833: Mr. B , Mr. B , H.R. 5756: Ms. HIRONO, Mr. DOGGETT, and C OLLUM BOOZMAN. and Ms. M C of Minnesota. Mr. FRANK of Massachusetts. H. Con. Res. 360: Mr. PAYNE, Mrs. MALONEY H.R. 2851: Mr. PASCRELL, Ms. ROYBAL-AL- H.R. 5788: Mr. ROTHMAN. of New York, Mr. HINCHEY, Mr. MCGOVERN, LARD, and Mr. SESTAK. H.R. 5793: Mr. ALTMIRE. and Mr. ELLISON. H.R. 2923: Mr. PLATTS. H.R. 5809: Mr. ALLEN. H.R. 3001: Mr. CONYERS. H.R. 5842: Ms. NORTON. H. Con. Res. 371: Mrs. LOWEY. H.R. 3008: Mr. BOSWELL. H.R. 5854: Mr. ROGERS of Michigan and Mr. H. Con. Res. 381: Ms. WOOLSEY, Mr. MORAN H.R. 3010: Mr. GUTIERREZ, Mr. STUPAK, Mr. NEUGEBAUER. of Virginia, Mr. BERMAN, Mr. GRIJALVA, and ANDREWS, and Ms. KILPATRICK. H.R. 5864: Mr. COHEN. Mr. SCHIFF. H.R. 3035: Mr. FILNER. H.R. 5882: Ms. GIFFORDS. H. Con. Res. 382: Ms. SLAUGHTER and Ms. H.R. 3036: Mr. CONYERS. H.R. 5901: Ms. SUTTON and Mrs. MCCARTHY SCHAKOWSKY. H.R. 3089: Mr. TURNER, Mr. PITTS, and Mrs. of New York. H. Con. Res. 385: Mr. WEINER, Mr. SHERMAN, CAPITO. H.R. 5913: Mr. LIPINSKI. Mr. MCCOTTER, and Mr. SCOTT of Georgia. H.R. 3098: Mr. PAUL. H.R. 5914: Mr. ALTMIRE and Mr. SHAYS. H. Res. 102: Mr. SMITH of New Jersey. H.R. 3257: Mr. MCNULTY and Mr. BOUCHER. H.R. 5924: Mr. MARIO DIAZ-BALART of Flor- H. Res. 556: Mr. CLEAVER and Mr. TERRY. H.R. 3289: Mr. CONYERS. ida, Mr. FEENEY, and Mr. KUHL of New York. H. Res. 565: Mr. GOHMERT. H.R. 3329: Mr. LEWIS of Georgia and Ms. H.R. 5925: Ms. CLARKE. H. Res. 655: Ms. WATERS. GINNY BROWN-WAITE of Florida. H.R. 5942: Mr. WU, Mr. SALAZAR, and Mr. H. Res. 672: Mr. CAPUANO, Mr. ANDREWS, H.R. 3334: Mr. INSLEE, Mr. WILSON of Ohio, TAYLOR. Mr. MEEKS of New York, and Mr. GONZALEZ. and Mr. JOHNSON of Georgia. H.R. 5946: Mr. PAYNE and Mr. MCGOVERN. H. Res. 757: Mr. WEXLER. H.R. 3339: Mr. BISHOP of Georgia. H.R. 5954: Mr. HARE, Ms. WOOLSEY, Mr. H. Res. 758: Mr. GERLACH. H.R. 3507: Mr. OLVER. COHEN, Mr. DOYLE, and Mr. LANGEVIN. H. Res. 870: Ms. KILPATRICK, Mr. TOWNS, H.R. 3579: Mr. JONES of North Carolina. H.R. 5984: Mr. LATTA and Mr. POE. Mr. MCDERMOTT, Mr. HOYER, Mr. H.R. 3660: Mr. HONDA and Mr. MANZULLO. H.R. 6032: Mr. TIM MURPHY of Pennsylvania RUPPERSBERGER, Mr. MOORE of Kansas, Mr. H.R. 3679: Mr. PALLONE. and Mr. SPACE. RANGEL, Ms. EDWARDS of Maryland, and Ms. H.R. 3753: Mr. LAHOOD. H.R. 6036: Mr. BLUMENAUER. BORDALLO. H.R. 3769: Ms. BORDALLO. H.R. 6039: Ms. GIFFORDS. H. Res. 1006: Mr. CHANDLER and Mr. H.R. 3834: Mr. RAHALL. H.R. 6078: Ms. SCHAKOWSKY and Mr. COSTELLO. H.R. 3844: Ms. JACKSON-LEE of Texas. GRIJALVA. H. Res. 1012: Mr. SHIMKUS. H.R. 3896: Mrs. MALONEY of New York. H.R. 6091: Mr. PORTER and Mr. CULBERSON. H. Res. 1042: Mr. REYES. H.R. 3916: Mr. SHAYS. H.R. 6099: Mr. MCDERMOTT. H. Res. 1045: Ms. MOORE of Wisconsin. H.R. 6107: Mr. DAVID DAVIS of Tennessee, H.R. 3934: Mr. DELAHUNT, Mr. FLAKE, Mr. H. Res. 1069: Ms. ROS-LEHTINEN and Mr. Mr. MACK, Mr. COBLE, Mr. WALBERG, Mr. SALAZAR, Mr. PLATTS, Mr. ENGEL, Ms. ESHOO, BILIRAKIS. HULSHOF, and Mr. FRANKS of Arizona. and Mr. KLINE of Minnesota. H. Res. 1076: Mr. BURTON of Indiana. H.R. 6108: Mr. WESTMORELAND and Mr. H.R. 3981: Mr. MURPHY of Connecticut. H. Res. 1088: Mr. LEWIS of Georgia, Mr. CRENSHAW. H.R. 3995: Mr. CUMMINGS, Mr. PORTER, and MEEKS of New York, Mr. COHEN, Ms. LEE, Mr. H.R. 6129: Mrs. BLACKBURN. Mr. WOLF. PAYNE, and Mr. ENGEL. H.R. 6159: Mrs. TAUSCHER and Mr. THOMP- H.R. 4114: Mr. ENGEL. H. Res. 1115: Mr. PALLONE. SON of California. H.R. 4116: Mr. SHULER. H. Res. 1179: Ms. FALLIN. H.R. 6180: Mr. HIGGINS and Mr. GORDON. H.R. 4174: Ms. EDDIE BERNICE JOHNSON of H. Res. 1182: Mr. HODES. H.R. 6198: Mr. LEWIS of Georgia. Texas. H. Res. 1200: Ms. BORDALLO, Mr. MORAN of H.R. 6199: Mrs. GILLIBRAND, Mr. ISRAEL, H.R. 4202: Mr. MORAN of Virginia. Virginia, Mrs. BOYDA of Kansas, Mr. BRADY Mr. RANGEL, and Ms. SLAUGHTER. H.R. 4248: Mr. TURNER. of Pennsylvania, and Mr. SESTAK. H.R. 6205: Mr. JONES of North Carolina, Mr. H.R. 4296: Mr. CONYERS and Ms. CASTOR. H. Res. 1202: Mr. CAMP of Michigan, Mr. GORDON, Ms. LEE, and Mr. HALL of New York. H.R. 4544: Mr. SESTAK, Mr. HALL of New SHULER, Mr. WALDEN of Oregon, Mr. COLE of H.R. 6214: Mr. BOOZMAN. York, Mr. UDALL of Colorado, Mr. LARSEN of Oklahoma, Mr. WESTMORELAND, Mr. HAYES, H.R. 6219: Mr. BRADY of Texas, Mr. SALI, Washington, and Mr. PALLONE. and Mr. SIMPSON. and Mr. MCCAUL of Texas. H.R. 4838: Ms. RICHARDSON. H. Res. 1227: Mr. PAYNE. H.R. 6258: Mr. TERRY. H. Res. 1232: Mr. KUHL of New York, Ms. H.R. 4883: Mr. COHEN. H.R. 6285: Mr. THOMPSON of California. ROYBAL-ALLARD, Mr. RAMSTAD, Mr. NADLER, H.R. 4884: Mr. ALLEN. H.R. 6287: Mr. FOSTER and Mr. HODES. H.R. 4900: Mr. CRENSHAW. H.R. 6288: Mr. BOOZMAN. and Mr. JACKSON of Illinois. H.R. 4930: Mr. MCINTYRE. H.R. 6321: Mr. WALSH of New York, Mr. H. Res. 1254: Ms. JACKSON-LEE of Texas, H.R. 5056: Mr. LEWIS of Georgia and Mr. RUSH, and Mr. BRADY of Pennsylvania. Mr. MEEKS of New York, Mr. CONYERS, and PAYNE. H.R. 6326: Mr. BACA, Ms. KAPTUR, Mr. Mr. SNYDER. H.R. 5161: Ms. HIRONO and Ms. LEE. BRADY of Pennsylvania, Mrs. MALONEY of H. Res. 1258: Mr. TOWNS. H.R. 5236: Mr. MICHAUD and Mrs. MCMORRIS New York, Mr. FILNER, Mr. STARK, Mr. H. Res. 1266: Mr. SHIMKUS and Mr. ROGERS RODGERS. GRIJALVA, Ms. LEE, Mr. HONDA, and Ms. of Kentucky. H.R. 5244: Ms. BERKLEY, Mr. LOEBSACK, Mr. MOORE of Wisconsin. H. Res. 1273: Mr. COSTA and Mr. SHAYS. COOPER, Ms. BORDALLO, Mr. KUCINICH, and H.R. 6330: Mr. WU. H. Res. 1279: Mr. DOYLE, Mr. TOWNS, Mr. Mr. NEAL of Massachusetts. H.R. 6338: Mr. PUTNAM. SMITH of Nebraska, Mr. TANCREDO, Mr. H.R. 5268: Mr. KUCINICH, Mr. CAPUANO, Mr. H.R. 6341: Mr. CARNAHAN, Mrs. LOWEY, Mr. PITTS, Mr. BURGESS, Mr. HOEKSTRA, Mr. CROWLEY, Mr. ISRAEL, Mr. KILDEE, Mr. ACK- CONYERS, and Mr. DOGGETT. MCCOTTER, Mr. LATOURETTE, Mr. TIBERI, Mr. ERMAN, Mr. DELAHUNT, Mr. BISHOP of New H.R. 6355: Mr. THOMPSON of California. UPTON, Mr. HASTINGS of Washington, Mr. York, Mr. BUTTERFIELD, and Mr. FATTAH. H.R. 6368: Mr. RAMSTAD and Mr. CHABOT. BURTON of Indiana, Mr. WALBERG, Mr. H.R. 5435: Ms. DEGETTE and Ms. GIFFORDS. H.R. 6371: Mr. GONZALEZ and Ms. CHABOT, Mr. MARCHANT, Mr. MCHENRY, Mr. H.R. 5454: Ms. HERSETH SANDLIN and Mr. SCHAKOWSKY. DAVID DAVIS of Tennessee, Mr. DANIEL E. GUTIERREZ. H.R. 6373: Mr. PAUL. LUNGREN of California, Mrs. MYRICK, Mr. H.R. 5510: Mr. CONYERS and Mr. HINCHEY. H.R. 6375: Mr. WAXMAN. BILBRAY, Mr. HOBSON, Mr. GALLEGLY, Ms. H.R. 5516: Mr. SOUDER, Mr. ALTMIRE, Mr. H.R. 6398: Mr. THOMPSON of California, Ms. FOXX, Mr. WILSON of South Carolina, Mr. CHILDERS, Mr. TIM MURPHY of Pennsylvania, SCHAKOWSKY, Mr. MCDERMOTT, and Mr. MACK, Mr. BOUSTANY, Mr. PENCE, Mr. KEN- Mr. CARDOZA, Mr. HILL, and Mr. GORDON. MORAN of Virginia. NEDY, Mr. FORTENBERRY, Mr. SHERMAN, Mr.

VerDate Aug 31 2005 04:20 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.031 H08JYPT1 wwoods2 on PRODPC60 with HOUSE July 8, 2008 CONGRESSIONAL RECORD — HOUSE H6231 RYAN of Ohio, Mr. WU, and Mr. MCCAUL of Florida, Mr. SESTAK, Mr. RUSH, Mr. CONGRESSIONAL EARMARKS, LIM- Texas. HASTINGS of Florida, and Mr. DAVIS of Ala- ITED TAX BENEFITS, OR LIM- H. Res. 1282: Mr. KUHL of New York and Mr. bama. SOUDER. H. Res. 1312: Mr. CALVERT. ITED TARIFF BENEFITS H. Res. 1286: Mr. CLAY, Mr. SERRANO, Mr. H. Res. 1313: Ms. EDDIE BERNICE JOHNSON of DAVIS of Illinois, Mr. JEFFERSON, Mrs. JONES Texas, Ms. EDWARDS of Maryland, Mr. CHAN- Under clause 9 of rule XXI, lists or of Ohio, Mr. RUSH, Mr. AL GREEN of Texas, DLER, Ms. JACKSON-LEE of Texas, Ms. SUT- statements on congressional earmarks, Mr. BUTTERFIELD, Ms. JACKSON-LEE of Texas, TON, Mr. HINOJOSA, Mr. TOWNS, Ms. HIRONO, limited tax benefits, or limited tariff Mr. ELLISON, Mr. HINCHEY, Mr. CLEAVER, and Mr. CALVERT, and Mr. AL GREEN of Texas. benefits were submitted as follows: Mr. FILNER. H. Res. 1315: Mr. HARE, Mr. CAMPBELL of H. Res. 1287: Mr. BOOZMAN. California, Mr. HALL of Texas, Mr. WALSH of The amendment to be offered by Rep- H. Res. 1296: Mr. COHEN and Ms. BORDALLO. New York, Mr. ROHRABACHER, Mr. MAHONEY resentative BISHOP of Utah, or a designee, to H. Res. 1311: Mr. DEFAZIO, Ms. BORDALLO, of Florida, Ms. EDWARDS of Maryland, Mrs. H.R. 1286, the Washington Rochambeau Rev- Ms. SUTTON, Mr. DAVIS of Illinois, Mr. MILLER of Michigan, Mr. BROWN of South olutionary Route National Historic Trail MCGOVERN, Mr. MICHAUD, Mr. REYES, Ms. Carolina, Mr. SCOTT of Virginia, Mr. DREIER, HIRONO, Mr. EDWARDS of Texas, Mr. WEXLER, Mr. MORAN of Virginia, Mr. MELANCON, Mr. Designation Act, does not contain any con- Mr. RANGEL, Mrs. CHRISTENSEN, Ms. LEE, Mr. AL GREEN of Texas, Mr. DOYLE, Ms. gressional earmarks, limited tax benefits, or JACKSON of Illinois, Mrs. MALONEY of New BORDALLO, and Mr. GORDON. limited tariff benefits as defined in clause York, Mr. ENGEL, Mr. HINCHEY, Mr. H. Res. 1316: Ms. LORETTA SANCHEZ of Cali- 9(d), 9(e), or 9(f) of rule XXI. ETHERIDGE, Mr. JEFFERSON, Mr. HINOJOSA, fornia, Mr. SESTAK, Ms. BORDALLO, Mr. Mrs. NAPOLITANO, Ms. CORRINE BROWN of TOWNS, and Mr. MCDERMOTT.

VerDate Aug 31 2005 04:20 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A08JY7.039 H08JYPT1 wwoods2 on PRODPC60 with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, SECOND SESSION

Vol. 154 WASHINGTON, TUESDAY, JULY 8, 2008 No. 111 Senate The Senate met at 10 a.m. and was U.S. SENATE, be no votes tomorrow during that pe- called to order by the Honorable JON PRESIDENT PRO TEMPORE, riod of time. Having said that, we are Washington, DC, July 8, 2008. TESTER, a Senator from the State of going to do everything we can to com- To the Senate: Montana. plete all the votes before the Repub- Under the provisions of rule 1, paragraph 3, lican caucus tomorrow. If we do not of the Standing Rules of the Senate, I hereby PRAYER appoint the Honorable JON TESTER, a Sen- finish, we may have a vote after lunch. We will do that. The Chaplain, Dr. Barry C. Black, of- ator from the State of Montana, to perform Around 4 o’clock tomorrow after- fered the following prayer: the duties of the Chair. ROBERT C. BYRD, noon, we are going to have another Let us pray. President pro tempore. vote on the Medicare doctors fix, which O maker of the seas and the Earth, Mr. TESTER thereupon assumed the is so important to our country. We speak to our hearts today that we may chair as Acting President pro tempore. hope by 4 o’clock tomorrow afternoon cling to things that cannot fail. Speak we will pick up another vote, that we to our lawmakers that they may em- f will have the 60 votes. That certainly brace Your purposes and do Your will. RECOGNITION OF THE MAJORITY would be good news for senior citizens, Give them rest—not from labor but LEADER all those people on Medicare, and the strength for the work before them. doctors who want to take care of those And, God, we also ask You to bless this The ACTING PRESIDENT pro tem- patients. land. Defend it from the forces that pore. The majority leader is recog- f seek to destroy our freedoms. May its nized. citizens never forget that ‘‘righteous- f MEASURE PLACED ON THE ness exalts a nation, but sin is a re- CALENDAR—H.R. 6377 SCHEDULE proach to any people.’’ Mr. REID. Mr. President, I under- Today, be with the family members Mr. REID. Mr. President, following stand that H.R. 6377 is at the desk, and of former Senator Jesse Helms as they the leader remarks, the Senate will be it is due for a second reading. mourn his death. Give traveling mer- in a period of morning business for an The ACTING PRESIDENT pro tem- cies to our Senators who will attend hour, with Senators permitted to speak pore. The clerk will read the bill by the funeral. for up to 10 minutes each during that title for the second time. We pray in Your compassionate morning hour. Following morning busi- The assistant legislative clerk read Name. Amen. ness, the Senate will resume consider- as follows: ation of the FISA legislation. We will A bill (H.R. 6377) to direct the Commodity f offer and debate amendments to the Futures Trading Commission to utilize all bill today and begin voting sometime its authority, including its emergency pow- PLEDGE OF ALLEGIANCE tomorrow morning. When we come in ers, to curb immediately the role of excessive speculation in any contract market The Honorable JON TESTER led the tomorrow morning, there will be 105 within the jurisdiction and control of the Pledge of Allegiance, as follows: minutes left of debate time. Commodity Futures Trading Commission, on I pledge allegiance to the Flag of the As previously announced, to accom- or through which energy futures or swaps are United States of America, and to the Repub- modate Senators wanting to attend the traded, and to eliminate excessive specula- lic for which it stands, one nation under God, funeral of Jesse Helms, there will be no tion, price distortion, sudden or unreason- indivisible, with liberty and justice for all. votes today. We do that to honor our able fluctuations or unwarranted changes in prices, or other unlawful activity that is departed friend Jesse Helms. So there f causing major market disturbances that pre- will be no votes today. That will work vent the market from accurately reflecting out just fine. It is appropriate that we the forces of supply and demand for energy APPOINTMENT OF ACTING do that and have no votes today. commodities. PRESIDENT PRO TEMPORE We will be in recess from 12:30 to 2:15 Mr. REID. Mr. President, I object to The PRESIDING OFFICER. The today to allow our weekly Democratic any further proceedings on this legisla- clerk will please read a communication caucus luncheon. Republicans, who tion at this time. to the Senate from the President pro normally have theirs the same time we The ACTING PRESIDENT pro tem- tempore (Mr. BYRD). do, will have theirs tomorrow. I have pore. Objection has been heard. The bill The assistant legislative clerk read indicated to the Republican leader that will be placed on the calendar under the following letter: we will protect his caucus. There will rule XIV.

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

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VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6372 CONGRESSIONAL RECORD — SENATE July 8, 2008 RESERVATION OF LEADER TIME the significance of the Declaration and tained; and when so suspended, he has The ACTING PRESIDENT pro tem- its timeless value. utterly neglected to attend to them. ‘‘He has refused to pass other Laws pore. Under the previous order, the I ask unanimous consent that Sen- for the accommodation of large dis- leadership time is reserved. ator LIEBERMAN and myself may enter into a colloquy on the reading of the tricts of people, unless those people f Declaration of Independence and that would relinquish the right of Represen- MORNING BUSINESS following our colloquy, Senators tation in the Legislature, a right ines- WHITEHOUSE, MURKOWSKI, WEBB, MAR- timable to them and formidable to ty- The ACTING PRESIDENT pro tem- TINEZ, and LIEBERMAN be, in that order, rants only.’’ pore. Under the previous order, the speakers for the remainer of morning Mr. LIEBERMAN. ‘‘He has called to- Senate will proceed to a period of business. gether legislative bodies at places un- morning business for up to 1 hour, with The ACTING PRESIDENT pro tem- usual, uncomfortable, and distant from Senators permitted to speak therein pore. Without objection, it is so or- the depository of their public Records, for up to 10 minutes each. dered. for the sole purpose of fatiguing them The Senator from Oklahoma is recog- Mr. COBURN. ‘‘When in the Course of into compliance with his measures. nized. human events, it becomes necessary for ‘‘He has dissolved Representative Mr. COBURN. Mr. President, 232 one people to dissolve the political Houses repeatedly, for opposing with years ago the Declaration of Independ- bands which have connected them with manly firmness his invasions on the ence established that humans have the another, and to assume among the rights of the people. ‘‘He has refused for a long time, after right to self-government because of powers of the earth, the separate and such dissolutions, to cause others to be their unalienable rights to life, liberty equal station to which the Laws of Na- elected; whereby the Legislative pow- and the pursuit of happiness. Pre- ture and of Nature’s God entitle them, ers, incapable of Annihilation, have reserving these principles requires the a decent respect to the opinions of turned to the People at large for their same wisdom, courage and spirit of sac- mankind requires that they should de- exercise; the State remaining in the rifice that characterized many 18th clare the causes which impel them to mean time exposed to all the dangers century Americans. the separation.’’ of invasion from without, and convul- ‘‘What will our children say,’’ wrote Mr. LIEBERMAN. ‘‘We hold these Boston attorney Josiah Quincy II in sions within.’’ truths to be self-evident, that all men Mr. COBURN. ‘‘He has endeavored to 1768, ‘‘When they read the history of are created equal, that they are en- these times, should they find we tame- prevent the population of these States; dowed by their Creator with certain for that purpose obstructing the Laws ly gave away, without one noble strug- unalienable Rights, that among these for Naturalization of Foreigners; refus- gle, the most invaluable of earthly are Life, Liberty and the pursuit of ing to pass others to encourage their blessings? . . . let us . . . swear we will Happiness.—That to secure these migration hither, and raising the con- die, if we cannot live freemen!’’ rights, Governments are instituted ditions of new Appropriations of Lands. Indeed, the Americans chose to fight among Men, deriving their just powers ‘‘He has obstructed the Administra- nobly and courageously. After the Brit- from the consent of the governed.— tion of Justice, by refusing his Assent ish surrender at the Battle of Saratoga, That whenever any Form of Govern- to Laws for establishing Judiciary pow- Lord Chatham, a member of the British ment becomes destructive of these ers. House of Lords, concluded, ‘‘I know ends, it is the Right of the People to ‘‘He has made Judges dependent on that the conquest of English America alter or to abolish it; and to institute his Will alone, for the tenure of their is an impossibility. You cannot, I ven- new Government, laying its foundation offices, and the amount and payment of ture to say it, you cannot conquer on such principles and organizing its their salaries.’’ America . . .’’ powers in such form, as to them shall Mr. LIEBERMAN. ‘‘He has erected a These principles to which the rep- seem most likely to effect their Safety multitude of New Offices, and sent resentatives of the 13 colonies pledged and Happiness. Prudence, indeed, will hither swarms of Officers to harass our their lives, their resources, and their dictate that Governments long estab- people, and eat out their substance. honor still apply to our Nation today. lished should not be changed for light ‘‘He has kept among us, in times of It was on this day, July 8, 1776, that and transient causes; and accordingly peace, Standing Armies without the the Declaration of Independence was all experience hath shown, that man- Consent of our legislatures. first read publicly, having been unani- kind are more disposed to suffer, while ‘‘He has affected to render the Mili- mously adopted by the Congress only 4 evils are sufferable, than to right tary independent of and superior to the days before. themselves by abolishing the forms to Civil power. So, today, I am pleased to join with which they are accustomed. But when ‘‘He has combined with others to sub- my colleague Senator LIEBERMAN in a long train of abuses and usurpations, ject us to a jurisdiction foreign to our starting a new, bipartisan tradition in pursuing invariably the same Object, constitution, and unacknowledged by the U.S. Senate. We will read the Dec- evinces a design to reduce them under our laws; giving his Assent to their laration of Independence again. absolute Despotism, it is their right, it acts of pretended legislation:’’ During the next hour, we will also is their duty, to throw off such Govern- Mr. COBURN. ‘‘For Quartering large bodies of armed troops among us: hear from important leaders in our Na- ment, and to provide new Guards for ‘‘For protecting them, by a mock tion’s history who saw these principles their future security.—Such has been of liberty, equality, and justice as Trial, from punishment for any mur- the patient sufferance of these Colo- ders which they should commit on the timeless. nies; and such is now the necessity Patrick Henry urges us to consider Inhabitants of these States: which constrains them to alter their ‘‘For cutting off our Trade with all the consequences of weakly submitting former Systems of Government. The parts of the world:’’ to a tyrannical authority in the hopes history of the present King of Great Mr. LIEBERMAN. ‘‘For imposing of obtaining peace, rather than per- Britain is a history of repeated injuries Taxes on us without our Consent: sisting in the fight to secure our free- and usurpations, all having in direct ‘‘For depriving us in many cases, of dom. In his famous speech at the Touro object the establishment of an absolute the benefits of Trial by Jury: Synagogue, George Washington estab- Tyranny over these States. To prove ‘‘For transporting us beyond Seas to lishes the importance of religious free- this, let Facts be submitted to a candid be tried for pretended offences: dom for the Nation. world.’’ ‘‘For abolishing the free System of A few days before his inauguration, Mr. COBURN. ‘‘He has refused his As- English Laws in a neighbouring Prov- Abraham Lincoln makes an impromptu sent to Laws, the most wholesome and ince, establishing therein an Arbitrary speech at Independence Hall in Phila- necessary for the public good. government, and enlarging its Bound- delphia, where he argues that the prin- ‘‘He has forbidden his Governors to aries so as to render it at once an ex- ciples of the Declaration are incompat- pass Laws of immediate and pressing ample and fit instrument for intro- ible with slavery. Finally, in his last importance, unless suspended in their ducing the same absolute rule into letter, Thomas Jefferson reflects on operation till his Assent should be ob- these Colonies:’’

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6373 Mr. COBURN. ‘‘For taking away our that all political connection between To the President of the United States of Charters, abolishing our most valuable them and the State of Great Britain, is America. Laws, and altering fundamentally the and ought to be totally dissolved; and Sir: Permit the children of the Stock of Abraham to approach you with the most cor- Forms of our Governments: that as Free and Independent States, dial affection and esteem for your person and ‘‘For suspending our own Legisla- they have full Power to levy War, con- merits, and to join with our fellow citizens tures, and declaring themselves include Peace, contract Alliances, estab- in welcoming you to NewPort. vested with power to legislate for us in lish Commerce, and to do all other With pleasure we reflect on those days, all cases whatsoever.’’ Acts and Things which Independent those days of difficulty and danger, when the Mr. LIEBERMAN. ‘‘He has abdicated States may of right do.—And for the God of Israel, who delivered David from the Government here, by declaring us out support of this Declaration, with a firm peril of the sword, shielded your head in the of his Protection and waging War day of battle: and we rejoice to think, that reliance on the protection of divine the same Spirit, who rested in the Bosom of against us. Providence, we mutually pledge to the greatly beloved Daniel, enabling him to ‘‘He has plundered our seas, ravaged each other our Lives, our Fortunes and preside over the Provinces of the Babylonish our Coasts, burnt our towns, and de- our sacred Honor.’’ Empire, rests and ever will rest, upon you, stroyed the Lives of our people. The ACTING PRESIDENT pro tem- enabling you to discharge the arduous duties ‘‘He is at this time transporting large pore. The Senator from Rhode Island is of Chief Magistrate in these States. Armies of foreign Mercenaries to com- recognized. This was before the Civil War, so it plete the works of death, desolation f was ‘‘these States’’ and not the and tyranny, already begun with cir- ‘‘United States.’’ TOURO SYNAGOGUE cumstances of Cruelty and perfidy Deprived as we heretofore have been of the scarcely paralleled in the most bar- Mr. WHITEHOUSE. Mr. President, invaluable rights of free Citizens, we now barous ages, and totally unworthy the my home State of Rhode Island has the with a deep sense of gratitude to the Al- Head of a civilized nation. distinction of being home to the oldest mighty disposer of all events behold a Gov- ‘‘He has constrained our fellow Citi- Jewish house of worship in the United ernment, erected by the Majesty of the Peo- zens taken Captive on the high Seas to States, the Touro Synagogue in his- ple, a Government, which to bigotry gives no bear Arms against their Country, to toric Newport. This synagogue was sanction, to persecution no assistance— become the executioners of their founded in 1763. Today, the synagogue You will see in Washington’s reply friends and Brethren, or to fall them- stands as a handsome landmark, de- that the wily fox knew a good phrase selves by their Hands. signed by the famous colonial architect when he saw one. ‘‘He has excited domestic insurrec- Peter Harris, a reminder of historic —but generously affording to all Liberty of tions amongst us, and has endeavoured days past for a community that this conscience, and immunities of Citizenship: to bring on the inhabitants of our fron- year, 2008, will celebrate the 350th an- deeming every one, of whatever Nation, tongue, or language equal parts of the great tiers, the merciless Indian Savages, niversary of the first Jewish settle- governmental Machine: This so ample and whose known rule of warfare, is an ment in Rhode Island and a living ex- extensive Federal Union whose basics is Phi- undistinguished destruction of all ages, pression today of our Jewish commu- lanthropy, Mutual confidence and Public sexes and conditions.’’ nity’s faith. Virtue, we cannot but acknowledge to be the Mr. COBURN. ‘‘In every stage of But during the infancy of our young work of the Great God, who ruleth in the Ar- these Oppressions We have Petitioned Nation, Touro Synagogue played a mies of Heaven, and among the Inhabitants for Redress in the most humble terms: major political role in defining what of the Earth, doing whatever seemeth him Our repeated Petitions have been an- good. religious freedom would come to mean For all these Blessings of civil and reli- swered only by repeated injury. A to Americans. gious liberty which we enjoy under an equal Prince, whose character is thus marked In 1790, the congregation at Touro benign administration, we desire to send up by every act which may define a Ty- Synagogue wrote to President George our thanks to the Ancient of Days, the great rant, is unfit to be the ruler of a free Washington, then in only his second preserver of Men, beseeching him, that the People.’’ year in office, when he visited Newport Angel who conducted our forefathers Mr. LIEBERMAN. ‘‘Nor have We been on a political tour to rally support for through the wilderness into the promised wanting in attention to our British an American bill of rights. The warden Land, may graciously conduct you through brethren. We have warned them from of the synagogue, Moses Seixas, sought all the difficulties and dangers of this mortal time to time of attempts by their legis- life: And, when, like Joshua full of days and Washington’s assurance that religious full of honour; you are gathered to your Fa- lature to extend an unwarrantable ju- freedom would be guaranteed to Jews thers, may you be admitted into the Heav- risdiction over us. We have reminded throughout the country. enly Paradise to partake of the water of life, them of the circumstances of our emi- In those first tumultuous years of and the tree of immortality. gration and settlement here. We have our Republic, there was much uncer- Done and Signed by order of the Hebrew appealed to their native justice and tainty as to the guaranteed rights of Congregation in NewPort, Rhode Island Au- magnanimity, and we have conjured individuals. Our Declaration of Inde- gust 17th 1790. Moses Seixas, Warden. them by the ties of our common kin- pendence had declared certain And then came the President’s reply. dred to disavow these usurpations, unalienable rights to be self-evident, To the Hebrew Congregation in Newport which, would inevitably interrupt our but our Constitution did not yet in- Rhode Island. connections and correspondence. They Gentlemen, clude our Bill of Rights. There was no While I receive, with much satisfaction, too have been deaf to the voice of jus- guarantee of an American’s right to your Address replete with expressions of af- tice and of consanguinity. We must, freely exercise his or her religion as we fection and esteem; I rejoice in the oppor- therefore, acquiesce in the necessity, have today in the first amendment. tunity of assuring you, that I shall always which denounces our Separation, and President Washington’s public letter retain a grateful remembrance of the cordial hold them, as we hold the rest of man- to the Touro congregation, coming welcome I experienced in my visit to New- kind, Enemies in War, in Peace from a political leader whose word was port, from all classes of Citizens. Friends.——’’ gold, left no doubt that the United The reflection on the days of difficulty and danger which are past is rendered the more Mr. COBURN. ‘‘We, therefore, the States Government would defend the sweet, from a consciousness that they are representatives of the United States of religious freedoms of all people, includ- succeeded by days of uncommon prosperity America, in General Congress, Assem- ing those whose beliefs were different and security. If we have wisdom to make the bled, appealing to the Supreme Judge from the common ones, and it assured best use of the advantages with which we are of the world for the rectitude of our in- that this Government would have no now favored, we cannot fail, under the just tentions, do, in the Name, and by Au- part in stifling the beliefs of any who administration of a good Government, to be- thority of the good People of these chose to worship as their conscience come a great and happy people. Colonies, solemnly publish and declare, The Citizens of the United States have a and traditions directed. right to applaud themselves for having given That these United Colonies are, and of It was, at the time, a revolutionary to mankind examples of an enlarged and lib- Right ought to be free and independent promise from a revolutionary man, and eral policy: a policy worthy of imitation. All States; that they are Absolved from all I am pleased to read the full text of possess alike liberty of conscience and im- Allegiance to the British Crown, and this historic correspondence. munities of citizenship. It is now no more

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6374 CONGRESSIONAL RECORD — SENATE July 8, 2008 that toleration is spoken of, as if it was by of human beings. The truth is we do been a witness to all nations about the the indulgence of one class of people, that not celebrate enough that America, power of ‘‘the people.’’ The Declaration another enjoyed the exercise of their inher- unique among Nations, was not defined of Independence establishes a funda- ent natural rights. For happily the Govern- from the beginning by its borders, by mental principle that a government ex- ment of the United States, which gives to its geography, if you will, but by its bigotry no sanction, to persecution no assist- ists, not because some humans have a ance requires only that they who live under ideology, by its values, as the founding hereditary right to dominate others, its protection should demean themselves as generation of Americans expressed but because the people themselves have good citizens, in giving it on all occasions magnificently in the first official docu- consented to be governed by others. their effectual support. ments. In 1826, the Mayor of Washington, It would be inconsistent with the frank- Those words of the Declaration about Roger Weightman, invited Thomas Jef- ness of my character not to avow that I am the self-evident truth that all of us are ferson to attend the 50th anniversary pleased with your favorable opinion of my created equal and endowed not by Jef- of the Declaration. In his letter of Administration, and fervent wishes for my ferson, the great American who wrote felicity. May the children of the Stock of reply, dated June 26, Jefferson reiter- Abraham, who dwell in this land, continue to the Declaration, not by the philoso- ates one last time, his belief in the merit and enjoy the good will of the other phers of the enlightenment but by our principles of the Declaration. Thomas Inhabitants: while every one shall sit in safe- Creator, with these unalienable rights Jefferson died a week later, on the ty understood his own vine and figtree, and to life, liberty, and the pursuit of hap- Fourth of July. there shall be none to make him afraid. May piness, that paragraph, and then it In that letter, Thomas Jefferson stat- the father of all mercies scatter light and says, in order to secure those rights, ed: not darkness in our paths, and make us all in the Government is formed; in other I should, indeed, with peculiar delight, our several vocations useful here, and in his words, to secure the rights to life, lib- own due time and way everlastingly happy. have met and exchanged there congratula- G. Washington. erty, and the pursuit of happiness, I al- tions personally with the small band, the ways like to say America is a faith- I yield the floor. remnant of that host of worthies, who joined based initiative founded on those en- The ACTING PRESIDENT pro tem- with us on that day, in the bold and doubtful dowments from our Creator. Building election we were to make for our country, pore. The Senator from Connecticut. this magnificent architecture of free- between submission or the sword; and to Mr. LIEBERMAN. Mr. President, I have enjoyed with them the consolatory thank my friend from Rhode Island, dom stated in the poetry of the founding generation of Americans has prob- fact, that our fellow citizens, after half a Senator WHITEHOUSE, for that magnifi- ably had more effect, has definitely had century of experience and prosperity, con- cent exchange of correspondence be- tinue to approve the choice we made. more effect on more people and more tween the Hebrew congregation of New- May it be to the world, what I believe it political activity in the 200-plus years port, RI, and President Washington. will be (to some parts sooner, to others later, since 1776 than any other single docu- May I say that Senator WHITEHOUSE, but finally to all), the signal of arousing men in his own bearing and substance, lives ment. Of course, other documents stat- to burst the chains under which monkish ig- ing other ‘‘isms’’ have come along, Na- norance and superstition had persuaded out the promise of religious freedom them to bind themselves, and to assume the that our first President gave to all zism, Communism, Islamism, but the Declaration of Independence, Ameri- blessings and security of self-government. Americans. That form which we have substituted, re- Perhaps I should say I say that as canism, has prevailed. The other thing that struck me as I stores the free right to the unbounded exer- one of the descendants of the Stock of cise of reason and freedom of opinion. All read the Declaration was the anger and Abraham who is privileged to be a eyes are opened, or opening, to the rights of the passion we sometimes forget our Member of the Senate today. I thank man. founding generation had toward Great Senator WHITEHOUSE. I thank Senator The general spread of the light of science Britain and the King for all the tyran- has already laid open to every view the pal- COBURN. nical usurpations of their freedom that pable truth, that the mass of mankind has I am going to take the liberty, if I were the cause of the Declaration. not been born with saddles on their backs, may, to speak for a few minutes while Finally, the document is a magnifi- nor a favored few booted and spurred, ready we are waiting for either Senator MUR- cently aspirational document. It states to ride them legitimately, by the grace of KOWSKI, Senators WEBB or MARTINEZ, noble goals. But let us all be honest, at God. who are going to read documents be- this moment on this floor, particularly These are grounds of hope for others. For ourselves, let the annual return of this day fore I conclude. at the moment in 1776, where the Dec- But I particularly want to give a forever refresh our recollections of these laration of Independence was signed statement of appreciation to our col- rights, and an undiminished devotion to and issued, America was nowhere near them. league, Senator CORNYN of Texas, realizing the glorious values stated, of I yield the floor. whose idea this was. He came to me equality, of life and the pursuit of life and said: Why do we not try to estab- The ACTING PRESIDENT pro tem- and happiness. People of color had no pore. The Senator from Connecticut. lish a new Senate tradition, where rights. They were not even counted every year, either on July 8, which, as Mr. LIEBERMAN. Mr. President, I equal with White people. Women had thank my friend and colleague from Senator COBURN indicated, was the effectively no rights. I was forced, by Virginia for a characteristically pur- first public reading of the Declaration, the validity of the document, to read a posive and eloquent reading of a great or the day closest to July 4 when the terribly bigoted and offensive reference document. I thank him for carrying the Senate is in session, we read the Dec- to Native Americans. But that is the torch of Jefferson, along with that laration, this magnificent statement of story of America. The Declaration gave other great Virginian, Senator JOHN America’s founding principles, purpose, us our purpose. It gave us our destiny. WARNER, in our time in the Senate. destiny, and other patriotic documents It put us on a journey. Succeeding gen- While we await, hopefully soon, Sen- of the moment to remind us what we erations of Americans have come clos- ators MURKOWSKI and MARTINEZ, I are about as a Nation, and in some er to realizing the aspirations stated in thought I would go on and perhaps read sense, to refresh our sense of national that document. Of course, the work purpose and to build on the celebra- goes on in our time as it has for every the final document that I was going to tions that are part of July 4. previous generation of Americans. read at the end. Before I do so, I thank We all love the fireworks, we all love I appreciate very much that Senator Senator CORNYN of Texas whose idea the time to be with our family, we love WEBB has come to the Chamber. I am this was, hoping this might form the the parades and, of course, we are pleased to yield to him for a reading of basis of not only the Senate cele- struck now, as we are at war, in the ex- Thomas Jefferson’s last letter. brating the documents but, of course, pressions of gratitude toward those The ACTING PRESIDENT pro tem- more than that, the values, the prin- who have put on the uniform of the pore. The Senator from Virginia. ciples, the destiny, the American des- United States of America to defend our Mr. WEBB. Mr. President, it is my tiny captured in them and in the glo- freedom and our security. pleasure to participate in this remem- rious words of our founding generation, But this all goes back to the begin- brance today. but that we might, in doing so, perhaps ning, to the extraordinary founding of For more than 200 years, the Amer- carry out or begin a national civics les- this country by an extraordinary group ican experiment in self-government has son in all that we have to be

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6375 grateful for as Americans, as each suc- Creator, who created heaven and the there is not a curse pronounced against the ceeding generation of Americans has Earth and all who live on it, did not in- people, upon Mount Ebal, not a blessing not only taken on the responsibility to tend for those rights to life, liberty, promised them upon Mount Gerizim, which try to move the country closer to the and the pursuit of happiness to be the your posterity may not suffer or enjoy, from your and their adherence to, or departure aspirations that are expressed in these exclusive possession of Americans. This from, the principles of the Declaration of founding documents but, of course, is the most universal declaration of Independence, practically interwoven in the each succeeding generation has bene- human rights. It still guides our for- Constitution of the United States. fited from the promise of equality stat- eign policy because it is what we are So Adams brings it right from the ed in these documents. I thank Senator all about—freedom and the extension Bible to America, to the Declaration CORNYN. of freedom. and the Constitution. Then he says, in I wish to now thank the people work- I do wish to say it has inspired enor- conclusion: ing for him. Senators have good ideas mous numbers of people throughout occasionally, but it is the staff who the world to fight, as our founding gen- Lay up these principles, then in your hearts, and in your souls— makes sure we implement them. I wish eration fought, for freedom. to particularly thank Nicole Gustaf- The document I wish to read now, And then quoting from the Bible, or son, of his staff, and Michelle Chin and chosen by staff but a fascinating one, I picking the metaphor up, he says— also Clarine Nardi Riddle, who is my must say—I had never seen it before— bind them for signs upon your hands, that chief of staff, who has worked on this speaks to the profound faith of the they may be as frontlets between your eyes— teach them to your children— on behalf of my office. founding generation, their knowledge I have always been struck by the ex- of the Bible. In fact, I suppose it was at He is speaking now of the Declara- tent to which the founding generation the Constitutional Congress, there was tion of Independence and the Constitu- of Americans was powerfully religious. a debate about the symbol of the tion— In fact, they came to this country, United States of America. And before speaking of them when sitting in your most of them, to escape religious per- the symbol that we have now was cho- houses, when walking by the way, when secution. So it is no surprise that the sen, a few of the Founders suggested— lying down and when rising up—write them argued, in fact—that it be a portrayal upon the doorplates of your houses, and upon original documents, as you can hear, of your gates—cling to them as to the issues of our country, as we read this morning, of the children of Israel crossing the life—adhere to them as to the cords of your are full of references to God, the Al- sea divided by God’s will because they eternal salvation. mighty, nature’s God, a whole series of felt they were, as some of them said, So may your children’s children at the descriptions. That is why, I said earlier establishing here a new Jerusalem. next return of this day of jubilee— and I say with pride and gratitude, The letter I wish to read was written Remember, it was 50 years after America is a faith-based institution. by John Quincy Adams, one of the Washington’s inaugural— That is why it always seems to me that great members of the founding genera- after a full century of experience under your anyone who tries to separate America tion, eloquent, a fighter for freedom. national Constitution— and religion is doing something un- He delivered an address to the New Today, we are now into our third cen- natural. The remarkable balance the York Historical Society, celebrating tury of experience— the 50th anniversary of George Wash- Founders established was of a nation celebrate it again in the full enjoyment of premised on faith in God, whose pur- ington’s inauguration. all the blessings recognized by you in the pose was, as a government, to secure In that address, he urges the people commemoration of this day, and of all the the rights each of us have as an endow- to embrace the fundamental principles blessings promised to the children of Israel ment from our Creator and yet to do that motivated the founding genera- upon Mount Gerizim, as the reward of obedi- that in a way that, as the Declaration, tion, of which he was a part, and to ence to the law of God. as the Constitution, as the magnificent make them a part of daily living. He A remarkable statement of the en- letter from our first President, George premised it all on his own belief in the during bases of our great national doc- Washington, to the Hebrew congrega- Bible. So let me read it to you now: uments that guide us to this very day. tion of Newport, RI, makes clear, re- When the children of Israel, after forty I am very grateful to see our friend spects everybody’s right to believe in years of wanderings in the wilderness, were and colleague from Alaska, Senator about to enter the promised land, their lead- whatever they wish to believe in. MURKOWSKI, in the Chamber, and I will It struck me once, reading the Dec- er Moses, who was not permitted to cross the yield now to her for the Abraham Lin- Jordan with them, just before his removal laration, when we say that the right to from among them, commanded that when coln Independence Hall speech regard- life, liberty, and the pursuit of happi- the Lord their God should have brought ing slavery. ness is an endowment of our Creator, them into the land, they should put the The ACTING PRESIDENT pro tem- that one of the rights our Founders curse upon Mount Ebal, and the blessing pore. The Senator from Alaska. recognized is the right not just to be- upon Mount Gerizim. Ms. MURKOWSKI. Thank you, Mr. lieve in the Creator as one who chooses The injunction was faithfully fulfilled by President. but, in fact, not to believe in our Cre- his successor Joshua. Immediately after they I am honored this morning to join had taken possession of the land, Joshua ator and to equally enjoy the protec- built an altar to the Lord, of whole stones, with my colleagues to observe the an- tions and rights that come to all Amer- upon Mount Ebal. And there he wrote, upon niversary of the Declaration of Inde- icans. It is perhaps because the Dec- the stones, a copy of the law of Moses, which pendence and to participate by reading laration of Independence is a faith- he had written in the presence of the chil- some of the documents that had under- based document that it has had such dren of Israel: and all Israel and their elders scored the principles of that great dec- universal application and effect across and officers, and their judges, stood on the laration. the world, inspiring generation after two sides of the ark of the covenant, borne Near the end of President-elect Abra- generation of people throughout the by the priests and Levites, six tribes over ham Lincoln’s inaugural journey from against Mount Gerizim, and six over against Springfield, IL, to Washington, DC, he world, in every continent of the world, Mount Ebal. And he read all the words of the to essentially pick up the torch, to ac- law, the blessings and cursings, according to stopped in the city of Philadelphia. It cept the destiny, to revolt against tyr- all that was written in the book of the law. was the occasion of George Washing- anny and despotism, to fight in the Now John Quincy Adams brings it ton’s birthday. same revolutionary spirit that comes home from the Bible to America when Lincoln gave an impromptu speech at through the Declaration of Independ- he says: Independence Hall on February 22, 1861, ence that we read a few moments ago Fellow-citizens, the ark of your covenant and it was a speech that demonstrated for the freedom of their own people. is the Declaration of Independence. Your his deep commitment to the principles Of course, if you say, as our Founders Mount Ebal, is the confederacy of separate of the Declaration of Independence. It did and as we believe, that the rights state sovereignties, and your Mount Gerizim was a commitment that would be test- to life, liberty, and the pursuit of hap- is the Constitution of the United States. ed in the years to come and for which piness that are the premise of the Dec- He continues: he, too, gave his life. laration of Independence were the en- In that scene of tremendous and awful so- So with that little introduction, I dowment of our Creator, surely our lemnity, narrated in the Holy Scriptures, wish to read this impromptu address

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6376 CONGRESSIONAL RECORD — SENATE July 8, 2008 delivered by Abraham Lincoln. He stat- With that, I yield the floor. personal interests, above party inter- ed: The ACTING PRESIDENT pro tem- ests. I am filled with deep emotion at finding pore. The Senator from Connecticut. In this particularly partisan chapter myself standing here, in this place, where Mr. LIEBERMAN. Mr. President, I of American political history, it is were collected together the wisdom, the pa- thank Senator MURKOWSKI for that worth remembering that the oath we triotism, the devotion to principle, from moving reading of the statement by took, as Lincoln’s first inaugural in- which sprang the institutions under which President Lincoln and for all she does structs us, was not to protect and de- we live. You have kindly suggested to me in our time to carry on those prin- fend and preserve ourselves or our par- that in my hands is the task of restoring ciples. peace to the present distracted condition of ties but to protect, preserve, and de- the country. I can say in return, sir, that all It struck me—I said earlier the Dec- fend the Constitution of the United the political sentiments I entertain have laration was an aspirational document States, and, of course, the United been drawn, so far as I have been able to and positing the self-evident truth that States itself most of all. draw them, from the sentiments which origi- all of us are created equal, having this I am grateful to see my friend from nated and were given to the world from this endowment from our Creator to the Florida in the Chamber and now yield hall. rights of life, liberty, and the pursuit to Senator MARTINEZ for the reading of I have never had a feeling politically that of happiness—the great promise of Patrick Henry’s speech. did not spring from the sentiments embodied equality of opportunity—that it was The ACTING PRESIDENT pro tem- in the Declaration of Independence. I have often pondered over the dangers which were not realized at the time, July 4, 1776, pore. The Senator from Florida. incurred by the men who assembled here, when it was written. Mr. MARTINEZ. Mr. President, I and framed and adopted that Declaration of One of the groups I mentioned— thank the Senator from Connecticut Independence. I have pondered over the toils women—had essentially no equal rights and very much appreciate his contribu- that were endured by the officers and sol- at that time. The story of America is tion this morning. diers of the army who achieved that Inde- the story of trying to, over time, reach I am incredibly honored to have the pendence. the aspirations of the founding genera- opportunity to talk about Patrick I have often inquired of myself what great tion. Henry and the words he expressed at principle or idea it was that kept this Con- It was only into the last century, as such a vital time for our Nation. As the federacy so long together. It was not the mere matter of the separation of the Colo- you well know, I say to my friend from Senator from Connecticut knows, I am nies from the motherland; but that senti- Alaska, that women got the right to an immigrant to this land. I am one ment in the Declaration of Independence vote, and only more recently that who has been the beneficiary of the which gave liberty, not alone to the people of women began to be elected to the Sen- fruits of liberty that were obtained by this country, but, I hope, to the world, for all ate in some numbers. So the work goes others, and I am incredibly grateful for future time. It was that which gave promise on. Obviously, you were elected be- those opportunities to live in freedom that in due time the weight would be lifted cause of your qualities as a person, not that I have been afforded by this great from the shoulders of all men. This is the because of your gender. Nation. So the Fourth of July always sentiment embodied in that Declaration of Independence. But I note both the progress that has ranks as a very special day on my cal- Now, my friends, can this country be saved been made and the progress that yet endar. upon that basis? If it can, I will consider my- has to be made to realize the fullest The words of Patrick Henry have to self one of the happiest men in the world if range of the goals of the Founders. do with a people who felt oppression, as I can help to save it. If it can’t be saved upon Senator MARTINEZ, the final Member I did in my youth. It is, at that time in that principle, it will be truly awful. But, if to speak, is on his way. I will fill in a someone’s life, a little difficult to de- this country cannot be saved without giving little bit. termine whether it is better to resist up that principle—I was about to say I would I say to the Senator, your reading of or reconcile, whether we move in the rather be assassinated on this spot than to Lincoln inspires me to recall that I re- direction of conflict or in the direction surrender it. Now, in my view of the present aspect of cently read a book—I forget the name of peace. affairs, there is no need of bloodshed and of the book, but I remember the au- It was in that kind of a moment that war. There is no necessity for it. I am not in thor, William Lee Miller. I remember it Americans in the years preceding 1776 favor of such a course, and I may say in ad- well because he was a teacher of mine found themselves. So on March 23, 1775, vance, there will be no bloodshed unless it be at Yale, who has now been teaching for at a meeting of delegates at St. John’s forced upon the Government. The Govern- many years at the University of Vir- Church in Richmond, Patrick Henry ment will not use force unless force is used ginia. He wrote a book recently on Lin- made the case for action. against it. coln, and in it he analyzes Lincoln’s There is a picture of the inside of the My friends, this is a wholly unprepared church which was taken from Patrick speech. I did not expect to be called upon to first inaugural address. say a word when I came here—I supposed I I thought he made a powerful point Henry’s pew. Here are some excerpts was merely to do something towards raising that reminded me of the extent to from that famous speech. a flag. I may, therefore, have said something which Lincoln in that first inaugural It reads: indiscreet, but I have said nothing but what address talked about the oath of office Mr. President, it is natural to man to in- I am willing to live by, and, in the pleasure he was taking and how it transformed dulge in the illusions of hope. We are apt to of Almighty God, die by. him. In other words, he said when he shut our eyes against a painful truth, and Mr. President, those were the raised his hand—the right hand—and listen to the song of that siren ’til she trans- words—the very eloquent words—given forms us into beasts. Is this the part of wise put the other hand on the Bible and men, engaged in a great and arduous strug- by President-elect Abraham Lincoln at said he was now pledging to protect, gle for liberty? . . . Independence Hall on February 22, preserve, and defend the Constitution, . . . We have done everything that could be 1861—again, words that were im- it transformed him as a person. Yes, he done to avert the storm which is now coming promptu, words that were inspired by was still Abraham Lincoln, American on. We have petitioned; we have remon- his deep commitment, truly, to the citizen, but he was now the President, strated; we have supplicated; we have pros- principles embodied in our Declaration with a solemn and sacred obligation to trated ourselves before the throne, and have of Independence. protect, preserve, and defend the Con- implored its interposition to arrest the tyrannical hands of the ministry and Par- It is most fitting that as a Senate, as stitution of the United States. liament. a body, we recognize those principles; That was a powerful insight, and one Our petitions have been slighted; our re- that we again read those speeches from I think all of us—as thrilled as I re- monstrations have produced additional vio- those great leaders from so many years member I was, and I am sure every lence and insult; our supplications have been ago, those leaders who have shaped our Member of the Senate was when we disregarded; and we have been spurned, with Nation to be the great Nation it is. walked to the well of the Senate the contempt, from the foot of the throne! With that, I again thank the Sen- first time, and every time since, on the In vain, after these things, may we indulge the fond hope of peace and reconciliation. ators who have given us the oppor- day we were sworn in as Senators, to There is no longer any room for hope. tunity to read these profound words feel transformed by the oath we take, If we wish to be free—if we mean to pre- again and to share them with citizens which puts the interests of the Con- serve inviolate those inestimable privileges across this great Nation. stitution and our Nation first above for which we have been so long contending—

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6377 if we mean not basely to abandon the noble in these documents—the Declaration giving us the opportunity to talk about struggle in which we have been so long en- and the Constitution—but we are also these magnificent documents. I was gaged, and which we have pledged ourselves beneficiaries of those. Certainly, I have fortunate at one time to be designated never to abandon until the glorious object of been in my life, and the Senator from by the President and actually con- our contest shall be obtained—we must fight! I repeat, sir, we must fight! An appeal to Florida has been in his life. firmed by the Senate in a position for arms and to the God of hosts is all that is It is great to have somebody such as the Nation’s bicentennial to lead dis- left us! the Senator from Florida, by virtue of cussions all across America in all 50 They tell us, sir, that we are weak; unable his own ability and hard work being a States—and indeed I traveled to 22 for- to cope with so formidable an adversary. But Senator, to be here and to read Patrick eign countries—working on the concept when shall we be stronger? Henry’s inspiring words. That is really of America’s bicentennial and of the Will it be next week, or the next year? Will what America is about. magnificence of the Constitution, the it be when we are totally disarmed, and when a British guard shall be stationed in every Mr. MARTINEZ. It is very special. Declaration of Independence, and the house? Mr. LIEBERMAN. Mr. President, I Bill of Rights. I remember so well when Shall we gather strength by irresolution am honored that Senator WARNER has talking to audiences the rapt attention and inaction? Shall we acquire the means of come to the floor. He is a great Vir- that was given at that period in our effectual resistance by lying supinely on our ginian in the tradition of Jefferson, history about the importance of these backs and hugging the delusive phantom of and I wish to call on him because I be- documents. Not one, not two—I don’t hope, until our enemies shall have bound us lieve he would like to add just a few know how many people would say to hand and foot? . . . words here at the end of this hour of . . . The millions of people, armed in the me that they felt the hand of divine holy cause of liberty, and in such a country celebration of our independence. providence came down and rested upon as that which we possess, are invincible by Mr. WARNER. Mr. President, I see the shoulders of the Founding Fathers any force which our enemy can send against our distinguished colleague from Mis- to put together such a magnificent us. souri on the floor. framework of government. Besides, sir, we shall not fight our battles Mr. BOND. Mr. President, I apologize That framework of government today alone. There is a just God who presides over to my friend from Virginia, but we stands as the longest and oldest sur- the destinies of nations, and who will raise were going to start the FISA debate at viving form of a democratic republic on up friends to fight our battles for us. The 11. I understand there is a request to Earth. It is something to think about. battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave . . . extend. I would like to lock in a time All the other forms of government— . . . It is in vain, sir, to extenuate the mat- when we can accommodate those Sen- monarchies and so forth—have either ter. Gentlemen may cry, Peace, Peace—but ators wishing to speak but establish a been changed or have gone into the there is no peace. firm time when Senator ROCKEFELLER dust bin of history but not ours. It is The war is actually begun! The next gale and I may begin the discussion of because of the genius of these individ- that sweeps from the north will bring to our FISA. uals that enables us to carry forward. ears the clash of resounding arms! Our breth- Mr. WARNER. Mr. President, I am I remember I was challenged one ren are already in the field! Why stand we time that Switzerland’s Government here idle? going to speak for maybe 4 minutes. What is it that gentlemen wish? What My distinguished colleague from Con- was continuous. I reminded them that would they have? Is life so dear, or peace so necticut, who is too humble to say so, Napoleon crossed the Alps, I think it sweet, as to be purchased at the price of perhaps, deserves credit for what is was in—and I will check it and correct chains and slavery? Forbid it, Almighty God! going on this morning, together with it for the record—in about 1827 and an- I know not what course others may take; but Senator CORNYN. We are about to wind nexed Switzerland to France. That per- as for me, give me liberty or give me death! up in less than 15 minutes. I would sisted for some 18 months, and then Those are the words of Patrick think that at 11:15 we would be ready Napoleon decided it was too cold over Henry, which I feel terribly inadequate to go on the bill, and I wish to join the there, didn’t want it, and cut it loose delivering myself, but I am so honored Senator from Missouri on this bill. and let it go. I will polish that history to have this incredible opportunity, Mr. LIEBERMAN. Mr. President, if I later on. and the words ring so true today. may, I am going to finish up in a mo- I believe we should focus on the mag- As we know how history unfolded, he ment with just a minute because I have nificence of this document, its endur- was so correct about the fact that it had plenty of time to speak, so we will ance, and that we are proudly the was a time for action and that there be there before 11:15. trustees of this framework of govern- would be an almighty who would stand Mr. BOND. Mr. President, are there ment, to make it work as envisioned by on the side of freedom and on the side other requests of people wishing to the Founding Fathers. We recognize of liberty, which is still true today. I speak? that with the passage of time, there know the Senator from Connecticut Mr. WARNER. No. are things that have overtaken some of would share that view with me. Mr. LIEBERMAN. No. the original—not their basic concepts, I so much appreciate this wonderful Mr. WARNER. So I would put it in but just the electronic world in which opportunity, and I yield back to the the form of a unanimous consent re- we live now, the instantaneous infor- Senator from Connecticut. quest that we be allowed to continue at mation world and all of those things Mr. LIEBERMAN. Mr. President, I this point. have contributed. Nevertheless, we are thank Senator MARTINEZ for that won- f the oldest surviving democratic repub- derful reading and for all that his per- lic on Earth today because of the mag- son speaks to. He said he was an immi- EXTENSION OF MORNING nificent work of the Founding Fathers. grant to this country, born in Cuba. BUSINESS I yield the floor. The truth is, we are all immigrants, Mr. BOND. Mr. President, I think Mr. LIEBERMAN. Mr. President, I the founding generation. We are all im- Senators CORNYN and DURBIN wish to wish to thank Senator WARNER for migrants. The original Americans were speak. So after the Senator from Vir- those very eloquent words. I can’t Native Americans. I think some of us ginia and the Senator from Con- think of a better way to end this cele- whose families have been here a while necticut finish speaking, if we could—I bration of the Declaration of Independ- may forget all of that. would suggest that we give them the ence written by Thomas Jefferson of The country in its founding docu- remaining time on morning business Virginia than with the words of the ments posited these magnificent ideas until 11:30. I ask unanimous consent to great Senator from Virginia today, based on faith, the endowment of our establish morning business until 11:30. JOHN WARNER. I appreciate all of the Creator, but then this openness and The ACTING PRESIDENT pro tem- Members of the Senate having partici- equality. The Senator from Florida, in pore. Is there objection? Without objec- pated in this celebration of our found- his lifetime, his fresh memory, reminds tion, it is so ordered. ing documents and of the principles us all how we have to be grateful for The Senator from Virginia is recog- that have given America its purpose each succeeding generation as an obli- nized. and destiny over these many decades. gation to accept the responsibility and, Mr. WARNER. Mr. President, I am Of course, we hope this will serve in its if you will, the destiny that is included very heart warmed that this concept is way as a teaching instrument, a civics

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6378 CONGRESSIONAL RECORD — SENATE July 8, 2008 lesson for those around the country recall from Jimmy Stewart in ‘‘Mr. On July 1, there went into effect a who may be listening. Smith Goes to Washington,’’ is when a provision that reduced the reimburse- For our own part here in the Senate, Senator would stand and start to ment for doctors who treated Medicare let’s pledge today to uphold these prin- speak, hold the floor, stop the debate, patients by 10.6 percent. We knew this ciples and their values and the elo- and this Senator, by himself or herself, was coming. We have tried to address quence with which they were ex- really controlled the Chamber. For the it. Many doctors have said: This would pressed, with the same dedication and longest time, that is the way it worked be a disaster. If you reduce our reim- persistence in courage as the great or, in fact, didn’t work. Any Senator bursement for Medicare, many of us first generation of Americans who could stop the train. Any Senator cannot afford to take Medicare pa- wrote them. could stop the Senate. tients. We will reduce our caseloads, I thank the Chair, and I yield the Then, in the early 1900s, they said: which means senior citizens will not floor. Well, there ought to be a way to stop have the choice and doctors they want. The ACTING PRESIDENT pro tem- one Senator from bringing the Senate Some of the doctors they trusted will pore. The assistant majority leader is to a halt. Maybe if we came up with 67 say: I am sorry, we have to reduce the recognized. votes or a two-thirds vote of the Sen- number of Medicare patients because Mr. DURBIN. Mr. President, it is my ate, then we could make that Senator we are not getting paid adequately by understanding that the time between stop filibustering and go on with our the Federal Government. now and 11:30 is equally divided be- business. That was the rule for a long We had a provision before the Senate, tween myself and a Senator on the Re- time. Then in the 1960s it was changed and we said let’s stop the 10-percent republican side? again to 60 votes. Today that is the imbursement cut from going into ef- The ACTING PRESIDENT pro tem- rule. If any Senator starts a filibuster fect. That is what it said. The House pore. That is not part of the unanimous to amend or stop any nomination, any considered that same provision, and consent agreement. bill, any treaty, it takes 60 votes to the House passed it by a margin of 6 to Mr. DURBIN. Is there any pending stop the filibuster and move forward on 1. A majority of the Republicans joined unanimous consent or any pending con- the bill. the overwhelming number of Demo- sent relative to the time? How often are filibusters used? In the crats and said: We don’t want the pay The ACTING PRESIDENT pro tem- history of the Senate, rarely. But now cut for physicians treating Medicare pore. Only that morning business con- there is a new game in town. The his- patients to go into effect. It passed 6 to tinue until 11:30. tory of the Senate tells us that the 1. Mr. DURBIN. I ask unanimous con- largest number of filibusters in any 2- Then it came over here, and we sent to speak for 10 minutes—well, let year period in the history of the Senate thought it was fairly routine. Guess me just make that request, that the re- has been 57 filibusters. what. Filibuster No. 79. The Repub- maining time between now and 11:30 be Look at the record for this session of licans stood up and said: We don’t want equally divided between the Demo- Congress. We have had 79 Republican you to consider this issue. You will cratic side and the Republican side and filibusters, and we are still counting. need 60 votes to move forward on this that I be allocated the Democratic In other words, 79 different times the Medicare issue. So we called it for a time. Republican minority Senators have vote before the Fourth of July recess, The ACTING PRESIDENT pro tem- tried to stop the business of the Sen- and we lost. How many votes did we pore. Without objection, it is so or- ate, stop the debate, stop the amend- put on the board? We needed 60. We put dered. ment, and force this vote, the 60 votes 59 on the board. Of course, Senator Mr. DURBIN. I thank the Chair. to resume business in the Senate. KENNEDY is recovering. He was not f Of course, every time we have to here. But all the other Democrats—in- MEDICARE come up with 60 votes, we have to burn cluding Senator CLINTON who was back 30 hours off the clock. So we waste a from the Presidential campaign, and Mr. DURBIN. Mr. President, after day and a few hours. And every time we Senator OBAMA came back—voted in this debate on the history of our coun- need 60 votes to move something for- favor of suspending this cut in Medi- try and this institution, it is worth reward, we need at least nine Republican care reimbursement for physicians. But flecting on the fact that were it not for Senators joining the 51 Democrats. only nine of the Republicans crossed this Chamber, this Senate, we may not That is the math of the Senate today, the aisle. We needed the 10th Repub- be a United States of America. They 51 to 49. lican, and we could not get it. We could couldn’t reach an agreement on what On many occasions, when 79 Repub- not get 60 votes. As a result, we went to do with small Colonies when they lican filibusters were initiated, the home. became States. Would they be over- matter before the Senate came to a We are back because the issue is back whelmed by some House of Representa- halt. We could not come up with 60 because across America we are hearing tives where the big Colonies with the votes. The filibuster prevailed. We had from doctors, we are hearing from sen- big populations would dominate? So to move on to another item of business. iors, the American Medical Associa- the small Colonies held back, and they You say to yourself: How do you ever tion, the American Association of Re- reached a compromise. They said: We get anything done? If any Senator can tired Persons, and scores of other will create a Senate of small Colonies stand up and stop the Senate, and 79 health and senior groups that are say- and large Colonies, soon to become times in the last year and a few ing to us: This is irresponsible. The States; they will each have two Sen- months this has happened, how do you Senate has a responsibility to stop this ators. So even if you are small in popu- ever get anything done? The answer is, cut from going into effect and jeopard- lation, you will have an equal voice as there are some Senators who do not izing the medical care for 40 million a large Colony and a large State. That want anything to get done. They are seniors and 8 or 9 million members of is why today in the Senate, every State determined that the Senate not take military families. has two Senators regardless of its size, up controversial issues, that the Sen- So when the vote comes up tomorrow and that is why the Senate is of equal ate not pass legislation, and they are to strengthen Medicare, we need one import in the legislative process as the the dominant voice in the minority more Republican vote. We need one House. That was the great compromise. today. more Republican Senator to join us. Then the Senate wrote its rules con- The most recent issue that brought We are hoping that out of those who sistent with that compromise and said: this before the Senate is one that af- voted against this provision the last And then within the Senate, each of fects 40 million Americans directly. I time, some have gone home and heard these States will be recognized and re- am talking about senior citizens under from seniors, heard from the doctors, spected as a minority. So it takes more Medicare and another 8 or 9 million and believe Medicare is important. votes to do things in the Senate than it Americans under TRICARE, which is What I have just described to you is does in the House. It isn’t strictly a the health insurance plan for those the centerpiece of this debate. But majority rules. members of the military and their fam- there is another part to it which I have They created something called a fili- ilies and some veterans. Here is the to mention. The way we pay for this re- buster. A filibuster, which some of you issue. imbursement to Medicare physicians is

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6379 to slightly—slightly—reduce the com- FOREIGN INTELLIGENCE SURVEIL- Congress on the Terrorist Surveillance pensation given to private health in- LANCE AMENDMENTS ACT OF Program, TSP, the existence of which surance companies which are offering 2008 was only exposed through a New York Medicare coverage. They are called Mr. CARDIN. Mr. President, I rise Times story. After the story broke, the Medicare Advantage companies. These today in opposition to final page of this administration reluctantly agreed to companies were given this right to legislation, H.R. 6304, the Foreign In- place this program under the super- compete with Medicare a number of telligence Surveillance Act of 1978, vision of the FISA Court. years back. Some of them have never FISA, Amendments Act of 2008, if it is I do believe that many of the tele- been fans of Medicare. Some of them not amended to change the retroactive communications companies cooperated with the Government in good faith, and believe the private insurance compa- immunity provisions. nies can do a better job than the Gov- The President must have the nec- may be entitled to relief. But the FISA ernment’s Medicare Program, so they essary authority to track terrorists, statute of 1978 already lays out proce- said: Let these private health insur- intercept their communications, and dures for the Government to seek a ance companies compete. Let them disrupt their plots. Our Nation still court order and present this order to offer Medicare coverage. faces individuals and groups that are the telecommunications companies and They started offering it, and guess determined to do harm to Americans, require their assistance. The 1978 FISA what happened. They started charging as well as our interests throughout the statute also provides certain immunities to telecommunications companies dramatically more for the same service world. that the Government Medicare Pro- I have spent many hours at the Na- that provide this type of assistance to the Government. gram was already providing. How much tional Security Agency, which is lo- The President chose to ignore the cated in Fort Meade, MD. The men and more? It was 13 to 17 percent more in FISA statute. If the President did not women of our intelligence agencies are cost. want to use the FISA statute or want- dedicated public servants who are Secondly, we found out they were not ed to change it, he had the responsi- providing the basic health care they doing a great job on behalf of their bility to come to Congress and ask for said they were going to provide to the country. They are trying to do their that change. He cannot change the law Medicare people. And, third, they were jobs correctly, and comply with all ap- by fiat, or by issuing a Presidential using marketing practices that were plicable laws and regulations. signing statement. Congress must As a member of the Judiciary Com- unacceptable. change the law, and the courts must We reduced slightly the reimburse- mittee, I have received classified brief- interpret the law. Congress and the ment to these companies so we can pay ings about the advice and requests that courts have the power, and often the doctors under Medicare, and many of were given to the telecommunications responsibility, to disagree with the the Republicans objected saying they companies by the U.S. Government. I President, and these co-equal branches were more devoted to standing by these have seen the opinions of counsel on have the constitutional checks to over- private health insurance companies this issue. I have attended numerous ride his veto, disapprove of a request than providing reimbursement for hearings on this issue. for a warrant, or strike down an action Medicare physicians. Congress must indeed make needed as unconstitutional. The ACTING PRESIDENT pro tem- changes to FISA to account for I will vote against retroactive immu- pore. The Senator’s time has expired. changes in technology and rulings from nity for the telecommunications com- Mr. DURBIN. Mr. President, I ask for the FISA Court involving purely inter- panies. The current bill only authorizes an additional 30 seconds. national communications that pass the district court to review whether The ACTING PRESIDENT pro tem- through telecommunications routes in the companies received written re- pore. Without objection, it is so or- the United States. While we have a sol- quests from the U.S. Government stat- dered. emn obligation to protect the Amer- ing that the activity was authorized by Mr. DURBIN. That is the vote tomor- ican people, we must simultaneously the President and determined to be row. On the vote tomorrow, we need uphold the Constitution and protect lawful by the executive branch. The one more Republican Senator to join in our civil liberties. Court would have to simply accept the this effort. We hope Senator MCCAIN After learning about executive executive branch’s conclusion that the will be back. I don’t know Senator branch abuses in the 1960s and 1970s, warrantless wiretapping outside of the MCCAIN’s position on this issue. I hope Congress passed very specific laws FISA statute and without FISA Court he is for Medicare. I hope he is against which authorize electronic surveil- approval was legal, which means the this physician Medicare cut. It is time lance. Congress has regularly updated executive branch—not the judiciary— for Senator MCCAIN to make his posi- these measures over the years to pro- gets to decide whether the law was bro- tion clear and return to the Senate for vide the executive branch the tools it ken. I want the courts to be able to this critically important vote, this his- needs to investigate terrorists, while look at what the executive branch is toric vote. We want to make sure to- preserving essential oversight mecha- doing. I want the court to protect indi- morrow that Medicare’s future is nisms for the courts and the Congress. vidual rights. Granting this type of im- bright. We have confidence that the FISA requires the Government to seek munity would violate the basic separa- doctors will be reimbursed and that an order or warrant from the FISA tion of powers. It would also create a seniors across America can receive Court before conducting electronic sur- dangerous precedent for future admin- their Medicare services without fear of veillance that may involve U.S. per- istrations and private actors to violate having them cut off. We need JOHN sons. The act also provides for the law, and then seek relief in Con- MCCAIN on the Senate floor tomorrow. postsurveillance notice to the FISA gress or from the President through an We need to make sure we have enough Court by the Attorney General in an after-the-fact amnesty or pardon. Republican votes tomorrow to make emergency. There was a way to provide the tele- this bipartisan measure the same suc- I am very concerned that the FISA communications companies with ap- cess in the Senate as it was in the law was disregarded by the administra- propriate relief. Senator FEINSTEIN’s House. tion, and want to ensure that we put an amendment would have allowed the Mr. President, I yield the floor. end to this type of abuse. We are a na- courts to grant relief to the tele- The ACTING PRESIDENT pro tem- tion of laws and no one is above the communications companies if they pore. The Senator from Maryland. law, including the President and Attor- acted reasonably under the reasonable Mr. CARDIN. Mr. President, I under- ney General. The President delib- assumption that the Government’s re- stand there is no Republican who will erately bypassed the FISA Court for quests were lawful. This amendment claim the time remaining in morning years with his warrantless wiretapping would have preserved the independent business. I ask unanimous consent that program—long after any emergency pe- judgment of the judiciary, and pre- I may have the time until 11:30 a.m. riod directly following the 9/11 terrorist served the necessary check and balance The ACTING PRESIDENT pro tem- attacks—and did not ask Congress to in our system of government. Unfortu- pore. Without objection, it is so or- change the FISA statute. In fact, nately, the negotiators for this legisla- dered. President Bush refused to fully brief tion rejected this compromise.

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6380 CONGRESSIONAL RECORD — SENATE July 8, 2008 I also want to note the improvements intelligence community to have the istration on this issue unless they are made to title I of this legislation, com- tools it needs. However, I regret that if faced with a deadline from Congress. pared to current law and the Senate- the retroactive immunity provision re- This will force the next administration passed Intelligence Committee version. mains unchanged in the final legisla- to take a look at this legislation and I thank the Members of the House and tion, I will vote against the legislation, come back to the Congress with modi- Senate who worked hard on improve- because of the fundamental problem fications or justifications for the con- ments to this legislation, particularly with that provision. tinuation of the legislation. I think House majority leader STENY HOYER. In conclusion Mr. President, shortly that is an important improvement. Title I is not perfect, but it is does we will be considering the amendments The legislation provides for the in- bring the President’s program under to the Foreign Intelligence Surveil- spector general to review the targeting the FISA statute and FISA Court, and lance Act, the FISA act. I must tell and minimization provisions. The tar- provides for oversight by Congress and you, I think it is important that our geting is when a U.S. citizen, perhaps the courts. intelligence community have the tools indirectly, is targeted. And the mini- Title I contains a sunset of December they need to obtain information from mization procedures deal with when 2012 for this legislation. I feel strongly foreign sources. That is what this legis- the intelligence community gets infor- that the next administration should be lation is about. We need to modernize mation about an American without required to come back and justify these the FISA law. Communication methods court approval, to minimize the use of new authorities to Congress. As a have changed, and we need to give the that information or to seek court ap- member of the Judiciary Committee, I tools to the intelligence community to proval. Both of those provisions will be believe the only meaningful coopera- meet their modern needs of commu- reviewed by the inspector general and tion we received from the executive nication. reports issued back to the Congress branch on this issue occurred when I serve on the Judiciary Committee. I with unclassified versions available for they were facing a sunset and a poten- was privy to many hearings we had, public inspection. tial lapsing of their authorities and some of which were classified, to find The FISA Court is strengthened powers under the statute. Congress will out the information as to what we through the compromise that has been then have time to evaluate how the could do. We brought forward legisla- reached. Let me make it clear, I would new law has been implemented, and de- tion that I think was the right legisla- have liked to have seen the Judiciary bate whether further changes are need- tion that would have given the nec- Committee’s bill passed and enacted ed. essary tools to the intelligence agen- into law. I think we can still improve This legislation also requires the in- cies to get information from foreign title I. But I believe in the legislative spector general to review compliance sources without being burdened by un- process, and I think there has been a with: (1) Targeting and minimization necessary court approval and protect fair compromise reached on title I. procedures; (2) reverse targeting guide- the civil liberties of the people of this If title I were before us as an indi- lines; (3) guidelines for dissemination Nation. Unfortunately, that com- vidual action, I would support the com- of U.S. person identities; and (4) guide- promise was rejected. promise because I think it is time to lines for acquisition of targets who We are in this situation today where move forward. But there is title II, and turned out to be in the United States. we have had major disagreements on title II is the retroactive immunity. It The inspector general review will be how to amend the FISA statutes be- gives retroactive immunity to our tele- provided to the Attorney General, Di- cause of the action of the Bush admin- communications companies, our tele- rector of National Intelligence, and the istration. It is absolutely clear to me phone companies. They are entitled to Judiciary and Intelligence Committees that the President went beyond the some relief. They acted under the ur- of the Senate and House. The public legal or constitutional authority that gency of the attacks on our country on would also be given an unclassified he has in doing wiretaps without court September 11 and with the request of version of these reviews, reports, and approval. I want to make it clear, the the President of the United States. recommendations. These reviews will men and women who work at our intel- They are entitled for some relief. But help Congress evaluate the new au- ligence agencies, many of whom are in this provision goes way too far. thorities under the FISA statute, and Maryland at NSA, are doing a great It authorizes the executive branch to how the executive branch and the FISA job. They are trying to do everything determine the legality of their actions. Court are using these new authorities, that is correct to protect our Nation In other words, the agency, the Presi- before the legislation sunsets. Congress and do it in the correct manner. It was dent who asked for the information, can then decide how best to reauthor- the Bush administration that went be- will determine whether the telephone ize this program. yond the law. It was the Bush adminis- companies acted properly. It should be The bill strengthens the exclusivity tration that went beyond the Constitu- the courts. This takes too much away language of FISA and the criminal tion. from the judicial branch. It, in my wiretap laws. Congress is making very It is important for us to balance the view, compromises the checks and bal- clear that these statutes are the exclu- needs of our community to get infor- ances that are so important in our con- sive means by which electronic surveil- mation to protect us but also protect stitutional system. lance can be legally conducted by the the civil liberties with the proper We didn’t have to be here. I thought U.S. Government. The bill also re- checks and balances in our system. Senator FEINSTEIN offered a fair com- moves a troubling attempt to unduly That brings me to H.R. 6304, the leg- promise, and I am surprised it was not broaden the definition of ‘‘electronic islation that will shortly be before us. taken by the negotiators. Senator surveillance.’’ Title I is a much better bill than the FEINSTEIN said: Why don’t we let the Supreme Court Justice Anthony Ken- bill that left the Senate earlier this FISA Court make a decision as to nedy, in his opinion in the recent year. I think this bill has been worked whether the telephone companies acted Boumediene case on the Guantanamo on in a very constructive environment. legally? That is a compromise I could detainees, stated: ‘‘The laws and Con- I compliment not only Senator ROCKE- have supported. I think it would have stitution are designed to survive, and FELLER, who is on the Senate floor, for been a fair compromise. Unfortunately, remain in force, in extraordinary his hard work on this legislation, I also that was rejected. Title II is a funda- times. Liberty and security can be rec- compliment my colleague from Mary- mental flaw in the separation of pow- onciled; and in our system they are land, Congressman HOYER, the major- ers, in the proper protection of civil reconciled within the framework of the ity leader of the House of Representa- liberties of the people of this Nation, law.’’ tives, for the work he did in bringing and a dangerous precedent for future I believe title I should have been us together on a bill that I think is a action by this Congress. strengthened by more effective court better bill than the bill that left the I will vote to remove or modify title review. However, absent the retro- Senate. II by the amendments that will be pre- active immunity provisions in title II, This bill provides for a sunset in 2012. sented later today. I prefer to modify I would support the compromise legis- That is important because I find we do it. As I suggested, I think we have com- lation, because it is important for the not get the attention from the admin- promises that can work, but I will vote

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6381 to remove it if there are no other op- or directive. This is already public in- quest for assistance was legitimate. So tions presented. If we do not modify formation. So under the terms of this Congress devised a good system. It de- title II, reluctantly I will not be able to proposal, the court’s decision would ac- vised a system that would take the support the compromise legislation tually be predetermined. guesswork out of it completely. Under that has been presented. As a practical matter, that means that system, which is still in place I urge my colleagues to try to get that regardless of how much informa- today, the company’s legal obligations this done right. This is an important tion the court is permitted to review, and liability depend entirely on wheth- bill. Unfortunately, it is fatally flawed what standard of review is employed, er the Government has presented the with the legislation that is before us. how open the proceedings are, and company with a court order or a cer- I yield the floor. what role the plaintiffs are permitted tification stating that certain basic re- f to play, it won’t matter. The court will quirements have been met. If the prop- essentially be required to grant immu- er documentation is submitted, the CONCLUSION OF MORNING nity under this bill. company must cooperate with the re- BUSINESS Now, our proponents will argue that quest and it is, in fact, immune from li- The ACTING PRESIDENT pro tem- the plaintiffs in the lawsuits against ability. If the proper documentation, pore. Without objection, morning busi- the companies can participate in brief- however, has not been submitted, the ness is closed. ing to the court, and this is true. But company must refuse the Govern- f they are not allowed any access to any ment’s request or be subject to possible classified information. Talk about liability in the courts. FISA AMENDMENTS ACT OF 2008 fighting with both hands tied behind This framework, which has been in The ACTING PRESIDENT pro tem- your back. The administration has replace for 30 years, protects companies pore. Under the previous order, the stricted information about this illegal that comply with legitimate Govern- Senate will resume consideration of wiretapping program so much that ment requests while also protecting H.R. 6304, which the clerk will report. roughly 70 Members of this Chamber the privacy of Americans’ communica- The legislative clerk read as follows: don’t even have access to the basic tions from illegitimate snooping. A bill (H.R. 6304) to amend the Foreign In- facts about what happened. Do you be- Granting companies that allegedly co- telligence Surveillance Act of 1978 to estab- lieve that? So let’s not pretend that operated with an illegal program this lish a procedure for authorizing certain ac- the plaintiffs will be able to participate new form of retroactive immunity in quisitions of foreign intelligence, and for in any meaningful way in these pro- this bill undermines the law that has other purposes. ceedings in which Congress has made been on the books for decades—a law The ACTING PRESIDENT pro tem- sure their claims will be dismissed. that was designed to prevent exactly pore. Under the previous order, the mo- This result is extremely dis- the type of abuse that allegedly oc- tion to proceed is agreed to and the appointing. It is entirely unnecessary curred here. motion to reconsider is made and laid and unjustified, and it will profoundly Even worse, granting retroactive im- on the table. undermine the rule of law in this coun- munity under these circumstances will The Senator from Wisconsin. try. I cannot comprehend why Congress undermine any new laws we pass re- Mr. FEINGOLD. Mr. President, I ask would take this action in the waning garding Government surveillance. If we unanimous consent that the time I months of an administration that has want companies to obey the law in the consume be allocated to the Dodd consistently shown contempt for the future, doesn’t it send a terrible mes- amendment. rule of law—perhaps most notably in sage, doesn’t it set a terrible precedent, The ACTING PRESIDENT pro tem- the illegal warrantless wiretapping to give them a ‘‘get out of jail free’’ pore. Without objection, it is so or- program it set up in secret. card for allegedly ignoring the law in dered. We hear people argue that the the past? Mr. FEINGOLD. Mr. President, I telecom companies should not be pe- Last week, a key court decision on strongly support Senator DODD’s nalized for allegedly taking part in this FISA undercut one of the most popular amendment to strike the immunity illegal program. What you don’t hear, arguments in support of immunity; provision from this bill, and I espe- though, is that current law already that is, that we need to let the compa- cially thank the Senator from Con- provides immunity from lawsuits for nies off the hook because the State se- necticut for his leadership on this companies that cooperate with the crets privilege prevents them from de- issue. Both earlier this year, when the Government’s request for assistance, as fending themselves in court. A Federal Senate first considered FISA legisla- long as they receive either a court Court has now held that the State se- tion, and again this time around, he order or a certification from the Attor- crets privilege does not apply to claims has demonstrated tremendous resolve ney General that no court order is brought under FISA. Rather, more spe- on this issue, and I have been proud to needed and the request meets all statu- cific evidentiary rules in FISA govern work with him. tory requirements. But if requests are in situations such as that. Shouldn’t Some have tried to suggest that the not properly documented, the Foreign we at least let these cases proceed to bill before us will leave it up to the Intelligence Surveillance Act instructs see how they play out, rather than try- courts to decide whether to give retro- the telephone company to refuse the ing to solve a problem that may not active immunity to companies that al- Government’s request, and it subjects even exist? legedly participated in the President’s them to liability if they instead decide That is not all. This immunity provi- illegal wiretapping program. But make to cooperate. sion doesn’t just allow telephone com- no mistake, this bill will result in im- When Congress passed FISA three panies off the hook; it will also make it munity being granted—it will—because decades ago, in the wake of the exten- that much harder to get at the core it sets up a rigged process with only sive, well-documented wiretapping issue I have been raising since Decem- one possible outcome. Under the terms abuses of the 1960s and 1970s, it decided ber 2005, which is that the President of this bill, a Federal district court that in the future, telephone compa- broke the law and should be held ac- would evaluate whether there is sub- nies should not simply assume that countable. When these lawsuits are dis- stantial evidence that a company re- any Government request for assistance missed, we will be that much further ceived . . . to conduct electronic surveillance was away from an independent judicial re- a written request or directive from the At- appropriate. It was clear some checks view of this illegal program. torney General or the head of an element of needed to be in place to prevent future On top of all this, we are considering the intelligence community indicating that abuses of this incredibly intrusive granting immunity when roughly 70 the activity was authorized by the President power; that is, the power to listen in on Members of the Senate still have not and determined to be lawful. people’s personal conversations. been briefed on the President’s wire- We already know, from the report of At the same time, however, Congress tapping program. The vast majority of the Senate Intelligence Committee did not want to saddle telephone com- this body still does not even know that was issued last fall, that the companies with the responsibility of deter- what we are being asked to grant im- panies received exactly such a request mining whether the Government’s re- munity for. Frankly, I have a hard

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6382 CONGRESSIONAL RECORD — SENATE July 8, 2008 time understanding how any Senator And a related question: What do you that most of the Members of the House can vote against this amendment with- think of the likelihood that Members have not been briefed on the program. out this information. of the Senate have had or could have There has been no official determina- I urge my colleagues to support the an adequate opportunity to review that tion. The language is picked up from amendment to strike the immunity 59-page opinion with all of its detailed the allegations of the complaint as to provision from the bill. ramifications? what is alleged. I yield the floor. Mr. FEINGOLD. Mr. President, I The question is, How can the Con- The ACTING PRESIDENT pro tem- thank the Senator for asking the ques- gress intelligently decide—maybe that pore. The Senator from Pennsylvania. tion. Yes, I referred to this decision in is too high a standard. But how can the Mr. SPECTER. Mr. President, would my brief comments about this amend- Congress, especially the world’s great- the distinguished Senator from Wis- ment. I think it is obviously a signifi- est deliberative body, the U.S. Senate— consin yield for a question? cant decision. As I indicated, it deals how can the decision be made on elec- Mr. FEINGOLD. I will. with the State secrets issue. It says tronic surveillance, granting retro- Mr. SPECTER. As the Senator from that FISA is in fact the exclusive active immunity, when we don’t know Wisconsin doubtless knows, there was a means and that the evidentiary rules what we are granting retroactive im- very extensive analysis of these issues regarding FISA should control, rather munity to? by Chief Judge Walker of the San Fran- than State secrets. That is an impor- The second part is, How can we fly in cisco District Court handed down last tant finding. But even more important the face of the decision by the judge Wednesday, and I think it was no coin- is what the Senator from Pennsylvania who is ruling on these cases—we are cidence that the decision preceded just is alluding to, which is the broader sending them all to him—when he, a few days—after everybody knew, in- issue that the judge didn’t decide, but speaking for the court: The law of the cluding Chief Judge Walker—of the clearly he indicated where he would case is that the terrorist surveillance Senate taking up this question. head on the question of whether the program is unconstitutional, that it In that opinion, Chief Judge Walker President’s TSP program was illegal— exceeds the authority. finds the Terrorist Surveillance Pro- and I have long believed that it was il- The Foreign Intelligence Surveil- gram unconstitutional. He says, flatly, legal. In fact, the Senator and I were lance Act also covers the pen register and related items, so—not specifying that the language of the Foreign Intel- the first Members to comment on the what is involved here—whatever is in- ligence Surveillance Act of 1978 means revelation of this program in December volved, sending it to the judge who has what it says on the exclusive remedy of 2005 on the floor of the Senate. for warrants, and that the President I have examined it closely myself, as already said it is unconstitutional. exceeded his article II powers as Com- a member of the Intelligence Com- How can we deal in an intelligent man- mander in Chief. mittee and the Judiciary Committee, ner given those two critical factors? Mr. FEINGOLD. Mr. President, I As we all know, the Detroit District and I feel even more strongly today again thank the Senator from Pennsyl- Court came to the same conclusion, than I did then that this program was vania for his comments and question. was reversed by the Sixth Circuit in a illegal and there needs to be account- 2-to-1 opinion on standing, and then Really, the only appropriate answer is ability for that illegality. That ac- to say ‘‘amen’’ to everything he just the Supreme Court of the United countability can come in part from States handily ducked the question by said. Think about this: To vote on any- litigation of the kind that involved thing when 70 Members of the Senate the noncert. That is the principal con- this district court decision, and it can stitutional confrontation of our era, on haven’t been briefed on it seems unbe- come from other cases that are pend- lievable, and then you add to it that it article I powers by Congress and article ing. But my concern, of course, is that has to do with the most critical issue II powers of the President as Com- if we jam this bill through, it may have of our time: How can we best protect mander in Chief. They denied cert. And an impact on the ability to pursue that our country from those who attacked on the standing issue, as disclosed by underlying legal issue because of the us while also observing the rule of law? the Senate opinion in the Sixth Cir- effective granting of immunity to tele- That would be bad enough. But then cuit, the Supreme Court could easily phone companies. So this decision has you add to it, as the Senator from have taken the case to resolve this big significance, but I can’t tell you that I Pennsylvania has indicated, that this issue. know all the ramifications. goes to the very core issue of the struc- But now Judge Walker has decided, Obviously, Members of the Senate, to ture of the Constitution. Is it really and it is very significant, because answer your question, should review true, as the administration puts for- Judge Walker has these more than 40 the opinion and have a chance to find ward in defense of the TSP program, cases pending on the effort to grant out more about the opinion. But there that article II of the Constitution retroactive immunity. The case he de- are 70 Members of the Senate who somehow allows the executive and cided it on is the Oregon case where haven’t even had the benefit of what Commander in Chief power to override State secrets are involved, with the in- you and I have had, which is the brief- an absolutely clear, exclusive author- advertent disclosure by the Federal ing on the actual TSP and what hap- ity adopted by Congress pursuant to agents. pened from 2001 to 2007 with regard to Justice Jackson’s third tier of the test It is hard for me to see how you have wiretapping. set out in his Youngstown opinion? a State secret which is no longer se- I thank the Senator for making this All of these levels are implicated by cret. And you have a document, just important point about Senators being this. The Senator could not be more electronic surveillance, which was dis- ready to grant this immunity without correct. This is an amazingly inappro- closed, so it is no longer a secret. That reviewing the litigation. priate use of legislative interference, remains to be decided under the opin- Mr. SPECTER. Mr. President, if the pushed by this administration, and ion of Chief Judge Walker, but he says Senator from Wisconsin will yield for Senators should take a very hard look there is a ‘‘rich lode’’ of material on just one more question? And that is, in at whether they want to be associated the standing issue. the context, is the Senator—I asked with such an attack on the rule of law These questions involve extraor- him to yield for one more question, and in this country. dinarily complex matters. The Senator I will use a microphone so perhaps he I yield the floor. from Wisconsin knows that. He has can hear me, perhaps some people on The ACTING PRESIDENT pro tem- been deeply involved in it. And the dis- C–SPAN2 will hear me, perhaps some pore. Who yields time? The Senator tinguished chairman knows that, be- Senators will hear me, because we need from West Virginia. cause he has been deeply involved in to be heard on this subject because of Mr. ROCKEFELLER. Mr. President, I these matters. My question to the Sen- its complexity. am opposing the amendment. So I ator from Wisconsin is twofold: The question relates to what the Sen- would be taking time from Senator One, what do you see as the imme- ator from Wisconsin has said. He puts BOND. I ask for approximately 20 min- diate ramifications of Chief Judge it at some 70 Members of the Senate utes. Walker’s opinion handed down a few have not been briefed on the program. The ACTING PRESIDENT pro tem- days before we are to decide it? I have heard from House leadership pore. Duly noted.

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6383 Mr. ROCKEFELLER. Mr. President, a statutory authority, it has to come false accusation against some com- my colleagues have submitted two from us, and he cannot bypass FISA as pany, but they cannot say that they amendments seeking to accomplish he did altogether. didn’t participate or that they only somewhat the same goal before, and in Third, the bill addresses the problems participated pursuant to a court a sense now down to one. Senators the President’s decision has caused for order—they can’t talk about that—or DODD and FEINGOLD have an amend- the telecommunications companies participated in reliance on written ment to strike title II of the FISA bill. that were told their cooperation was Government representation of legal- It is very plain and simple, and they both legal and necessary to prevent an- ity—cannot talk about that. The bill are very clear about that. The amend- other terrorist attack. They were not before us today allows these defenses ments have the same effect—elimi- told a lot, but they were certainly told to be presented to the district court, nating the title that provides a mecha- that. The bill does not provide those the public court—not the FISA Court, nism for a U.S. district court to decide companies with a free pass. It requires which is kind of a secret court, but to whether pending suits against tele- meaningful district court review of the district court, which is not a secret communications companies should be whether statutory standards for pro- court. It is a public court. dismissed. tection from liability have been met The Attorney General is authorized Two other amendments with respect for the companies having relied on the to certify to the court that particular to title II, to be offered by Senator Government’s written representations statutory requirements have been met SPECTER and Senator BINGAMAN, will of legality. without requiring public acknowledg- follow. While I address those amend- You remember there was a period ment of whether particular providers ments in separate statements, I would when we were using the FISA Court to assisted the Government. like to say now with respect to the make these kinds of judgments, and we The bill then requires the district amendments that I oppose each of bent to the better wisdom of the House court to determine whether the Attor- them and I urge that the Senate pass with respect to the district court, ney General’s certification is supported H.R. 6304 without amendment so that which is a more public court. So they by ‘‘substantial evidence.’’ That is a the delicate compromise which serves have that responsibility. higher, tougher standard than the as best it can to protect both national All of these pieces fit together, and ‘‘abuse of discretion’’ test we had in security and privacy and civil liberties not just because they are part of a the Senate bill. In making this assess- can, in fact, become law. larger compromise on this bill. Private ment, the district court is specifically Six and a half years ago, instead of companies that cooperated with the authorized to review the underlying consulting with Congress about Government in good faith, as the facts documents on which the Attorney Gen- changes that might be needed to FISA, before the congressional intelligence eral’s certification is based. The court the President made the very misguided committees demonstrate they did, can, therefore, ‘‘review any court or- decision to create a secret surveillance should not be held accountable for the ders, statutory directives or certifi- program that circumvented the judi- President’s bad policy decisions. But if cations authorizing providers’ coopera- cial review process and authorization the court ultimately dismisses the liti- tion.’’ required by FISA and was kept from gation against those companies, it is Importantly, the court may also re- the full congressional oversight com- important that there be a mechanism view the highly classified documents mittees. That is calling it running for public disclosure about the Presi- provided to the companies indicating around the end altogether. We are dent’s program, and it is precisely, that the President had authorized the right to be angry about the President’s therefore, in this bill that the inspec- program and that it had been deter- actions, but our responsibility today is tors general report, which has to be mined to be lawful. Explicitly allowing to look forward. That is what this bill provided to us within a year, provide the court to base its decision on wheth- is about, to make sure we have ade- that public accountability. er companies are entitled to liability quately dealt with the numerous issues Likewise, we can only put past ac- protection on relevant underlying doc- that have arisen from the President’s tions behind us if we can be reassured uments is an important improvement very poor decision, bad decision. that this will not happen again, and to the bill, and I am happy it is in it. The bill in front of us today accom- therefore the strength in the exclu- Because such documents would be plishes three important goals with re- sivity language in the FISA bill ad- classified, any review of those docu- spect to the President’s warrantless dresses that concern. That it does. ments in the litigation prior to this program. Together, the three components of bill would have been limited to a court First, the bill establishes a sure and the bill provide accountability for the assessment of whether the documents realistic method of learning the truth mistakes of the past as well as a way were privileged. The court could not about the President’s program—I re- to move forward. have relied on what the Government’s peat, learning the truth about the Although title II in the bill before us communications to the providers actu- President’s program. It requires the today differs in important ways from ally said in making its assessment relevant inspectors general—that is a the title II we passed out of the Senate about whether the cases should be dis- term of art. What I mean by that is the this past February, the two bills ad- missed. The court could not have relied inspectors general of the CIA, DOD, dress the same underlying problems on what those Government commu- NSA, et cetera, people who oversee and faced by the telecommunications com- nications said—it is different. know what is in this program alto- panies. This bill before the Senate, therefore, gether—to submit an unclassified re- Because the majority of the informa- gives the district court both an impor- port about the program to the Con- tion in the cases is classified, there has tant role in determining whether stat- gress. This report will ensure that both been no substantial progress in the utory requirements for liability protec- Congress and, by the way, therefore, cases against the telecommunications tion have been met and the tools to obviously, the public will have as com- companies—several of them have been make that assessment. plete a picture of the President’s going on for years. Classified informa- The FISA bill also provides a more warrantless surveillance program as tion, they can’t have it; state secrets, explicit role for the parties to the liti- possible or as messy as it may be for can’t have it. The Government has not gation—this is new and better—to en- them to ingest. even allowed the telecommunications sure that they will have their day in Second, the bill tightens the exclu- companies in the many pending law- court open—sort of, and so to speak— sivity of the FISA law, making it im- suits to disclose publicly whether they but they will have their day in court. probable for any future President to assisted the Government. These compa- But they will have their day in court. argue that acting outside of FISA is nies, therefore, have not been per- They are provided the opportunity to lawful. That is huge. That means the mitted to invoke the defense to which brief the legal and constitutional President can never again, ever use they are entitled. But sued they are. issues before the court and may submit what he has used—his all-purpose pow- The companies cannot reveal, for ex- documents to the court for review. ers—and say he can just walk right ample, whether they did not partici- Whatever it is they want to submit, around the end of FISA. He has to have pate in the program. That would be a they can submit.

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6384 CONGRESSIONAL RECORD — SENATE July 8, 2008 A few of my colleagues have argued the importance of cooperation between telecommunications companies. The that including any sort of mechanism the telephone companies and the Fed- bill before us makes clear that Con- that would allow the district court to eral Government, particularly in times gress expects compliance with the resolve these cases will prevent the of emergency. This has a fairly long laws, and it assures that public ac- public from hearing the details about history. countability is on the Government, the President’s program. But even if FISA itself allows the Attorney Gen- where it belongs, and not on the com- the litigation were to continue indefi- eral to authorize electronic surveil- panies that acted in good faith in co- nitely, it would never tell the full lance for short periods of time in emer- operating with the Government. story. gencies prior to the submission of an It is important to say that whatever Lawsuits have now been pending for, application for an order. The law, as it the inspectors general come up with in as I indicated, over 2 years. The fight existed in 2001 and as it exists today, their analysis of this, and believe me, during all that time, and the likely grants immunity to telecommuni- they will be under the gun to do it fight in the future, has been about cations companies, based solely on a right, that they have to report that, whether the plaintiffs will have access certification from the Attorney Gen- both unclassified and classified, to the to any classified information about the eral that no warrant or court order is Intelligence Committees and the Judi- program. The plaintiffs in the litiga- required by law, that the statutory re- ciary Committees in both Houses. So tion, they have never been and will quirements have been met, and that the oversight factor again comes in. never be provided with wide-ranging in- the specified assistance is required. I think it is time to pass this bill and formation about the President’s classi- Given the need for speedy coopera- move forward. I urge my colleagues to fied program that would enable them tion in times of emergency, Congress oppose the Dodd-Feingold amendment. to put together a comprehensive pic- has never asked companies to question Mr. SPECTER. Mr. President, would ture of what happened. the Government’s legal analysis that the Senator yield for a question; two This capability is reserved for those their cooperation is legal and nec- questions, very briefly? who have complete access to informa- essary. Thus, although the tele- Mr. ROCKEFELLER. Of course. tion about the program. And that communications companies have al- Mr. SPECTER. The first question re- again is why I come back to the impor- ways been and will always be expected lates to the fact, as represented, that tance of the inspectors general aspect to comply with the law, Congress has some 70 Members of the Senate will not of this oversight. You can say: inspec- told them, prior to 2001, that they were have been briefed on the program. tors general, them and their reports. entitled to rely on representations I have been advised by the leadership Well, inspectors general can take apart from the highest levels of Government in the House that most of the Members their agencies, and they are sort of in as to what conduct was legal. of the House have not been briefed on there to do that. That is the way it worked. In the the program. The chairman, in detail, That is why we have asked the in- case of the President’s surveillance went over what the telephone compa- spectors general of these relevant in- program, representations of legality nies cannot do because they cannot telligence agencies, including the DOD, were made to providers from the very make any public disclosures. who do, in fact, have complete access highest levels of Government. The And my question is: How can we in- to information about the program, to FISA bill before the Senate, therefore, telligently grant retroactive immunity conduct a comprehensive review of eliminates any possible loopholes in on a program that most Members of that same program, the whole thing. existing law, ensuring that neither the Congress do not know what we are The FISA bill requires a report of the telecommunications companies nor granting retroactive immunity on? review be submitted to the Congress in any future Presidents have any doubt Mr. ROCKEFELLER. First of all, I a year and requires that the report, about what is required to comply with should point out to the distinguished apart from any classified annex, be the law. Senator from Pennsylvania that there submitted in an unclassified form that It strengthens the exclusivity lan- was a period when members of the In- can be made available to the public. guage of FISA—I have mentioned that, telligence Committee, members of the That is not a dodge, that is simply a I do again—making it absolutely clear Judiciary Committee, were not even fact. You cannot release classified in- that the Congress does not intend gen- able to go to the Executive Office formation to the public. So this is an eral statutes to be an exception to Building to look at any of the orders appropriate way to obtain answers to FISA’s exclusivity requirements. In that came down, President to Attorney questions about the President’s pro- other words, no future President can General to National Security Advisor, gram and ensure the public’s account- therefore claim that an authorization then a letter to the companies. We ability. for use of military force allows the were not allowed to do that. Critics have also claimed that grant- Government to circumvent FISA. The chairman and the vice chairman ing immunity will suggest to the tele- Even more importantly for the tele- were allowed to do that. Nobody else communications companies that that communications companies, the bill was. That changed. And it changed be- compliance with the law is optional or before us makes it a criminal offense cause this Senator and a number of that Congress believes that the Presi- to conduct electronic surveillance out- others put tremendous pressure, be- dent’s program was legal. An examina- side of specifically listed statutes. Un- cause it was such a ridiculous situation tion of the bill that is before us in the like existing criminal and civil pen- that I could not even talk to my com- Senate would make it impossible for alties which exempt electronic surveil- mittee members about it. And so they anyone to come to either conclusion. lance that is authorized by statute, the expanded that to include not only com- The administration made very bill puts telecommunications compa- mittee members but also some staff strained arguments to circumvent ex- nies on notice that any electronic sur- from both the Intelligence and Judici- isting laws in carrying out the Presi- veillance outside FISA or specifically ary Committees. dent’s warrantless surveillance pro- listed criminal intercept provisions, in So I would say to the good Senator gram: a claim, for example, that the the future, is a criminal offense that is that intelligence is difficult, and it is 2001 authorization for use of military subject to civil penalties for claims difficult to legislate it on the floor of force was a statutory authorization for brought by individuals who are free to the Senate. Let me phrase it this way. electronic surveillance outside FISA, do so. There is a common view held by many even though that authorization did not This clear language provides no room that members of the Intelligence Com- mention electronic surveillance. for any future President or Attorney mittee and then, to some extent, the What role did we expect tele- General to argue that criminal and Judiciary Committee, in fact, have the communications companies to play in civil penalties should not attach for intelligence, they control the intel- those assessments of legality? To an- any circumvention of FISA. ligence, it is all theirs. swer that question, we must consider Now, the improvements to this bill I wish to debunk that right now. We the legal regime under which these address many of the concerns raised control no intelligence. It is entirely companies were operating. Numerous with the possibility that the court controlled, meted out or not, by the ex- statutes over the years have stressed might dismiss the lawsuits against the ecutive branch. This executive branch

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6385 has been extremely cautious, stingy, I he indicated that Judge Walker said least one, Qwest, that refused to go would say undemocratic, in doing this. this was not a constitutional effort be- along because they said it would break The good Senator from Missouri who tween 2001 and 2007, and it was not con- the law if they did so. I thank Senators is coming in now, the vice chairman of stitutional. But when the Senator of- DODD, FEINGOLD, LEAHY, and others for the Intelligence Committee and I have fers his own amendment this after- their leadership. I know these are dif- fought like bears to expand the number noon, I will make the point I make ficult debates to have because people of people who can have access to these now, that even if it is determined that could say: My goodness, they are offer- programs. But I cannot argue that the the program is unconstitutional—and ing an amendment to the intelligence Senator—his point is worthy of that, for reasons I will explain after bill and, ipso facto, that must be a bad thought. lunch when we do the amendment, will thing because they are slowing things I think then one has to consider, are not be possible—the immunity fact is down. the people on the Judiciary Committee not compromised. It is not changed. I have to say, when you are standing and the people on the Intelligence You are talking about the constitu- up to fight for liberty and justice and Committee representative of good tionality of the White House’s action. the truth, you should never be afraid to faith, people of reasonable intellect, This bill talks about title I and then slow something down. As a matter of people who know their business, and title II and a couple of other titles fact, it is our job to do so. I do thank people who exercise fair judgment? I which referred to protecting basic my colleagues for their leadership. have been handed a note to say some- rights, reverse targeting, all kinds of I am proud to be a cosponsor of this thing I have already said, that the pub- things such as that, which, in fact, amendment. In my support of this lic reporting accompanying the Senate came from Senator FEINGOLD, and it is amendment to strike the immunity to Intelligence Committee bill, detailed, not involved in the constitutionality. the telecom companies who went along with a great deal of specificity, what It is not involved in that. Even if the with the President’s secret and, I be- the companies received from the Fed- judge ruled it unconstitutional, it lieve, illegal program, I wish to say I eral Government. would make no difference whatsoever am not seeking punishment for them. That still does not allow me to argue on title II. As a matter of fact, I have stated a the Senator’s point. It is a peculiar and Mr. SPECTER. I respect Senator long time ago that I support indem- difficult nature of legislating intel- BOND’s time, and I will pursue this nification for the telecom companies. I ligence legislation on the floor of the with the chairman when my amend- believe Senator WHITEHOUSE took the Senate. But it is not weakened by so ment is called up later today. lead on that. Senator SPECTER, at one doing because of what I have indicated, I thank my colleagues. point, I think, was involved in that and because of what the inspectors general, Mrs. BOXER. I have a parliamentary others. I thank them for their leader- granted, not in time for this, will come inquiry. ship on that issue. up with, and, secondly, what I would The ACTING PRESIDENT pro tem- I understand the predicament of a call the very high standard of people pore. The Senator will state it. company that is facing the White who serve on both the Republican and Mrs. BOXER. Senator DODD has House and the White House is saying: the Democratic side of the Senate and yielded me 10 minutes of his time to You need to spy on your customers be- House Judiciary Committee and Intel- speak in favor of his amendment to cause we are asking you to do it for the ligence Committee. strike the immunity clause. I am won- safety of the people. I understand their Mr. SPECTER. Mr. President, my dering how I may get recognition here predicament. But I do believe, at this second question is, very briefly—— and how much time does Senator DODD point in time, to give retroactive im- Mr. BOND. Mr. President, I would have left in this debate? munity kind of makes a mockery of like to reclaim my time. The ACTING PRESIDENT pro tem- the fact that we are supposed to be a The ACTING PRESIDENT pro tempore. There is 43 minutes remaining for government of laws, not people. We are pore. There are 34 minutes remaining the Senator from Connecticut. a government of laws. Do we then come in opposition. The Senator from West Mrs. BOXER. I wonder if Senator back and say: By the way, there are Virginia has the floor. BOND would allow me to take 10 min- three laws over here we don’t like so Mr. SPECTER. Mr. President, very utes of the 43 minutes Senator DODD we are going to say to the people who briefly on the second question, and I has remaining? broke them, it is OK, because we have will be very brief—the chairman has Mr. BOND. Mr. President, I am happy looked at it and we think it is OK? gone over the ineffectiveness of Con- to accommodate the Senator from This is America. We are a country of gress in dealing with the statutory re- California. With respect to the com- laws. So this issue is so important. I quirement for notice to the Intel- ments by the Senator from Pennsyl- can’t overstate how deeply I feel about ligence Committees which wasn’t fol- vania, I had asked that those be re- it. lowed. We have gone over the ineffec- served for the arguments in favor of We cannot place the interests of the tiveness of the courts in dealing with the amendment. How much time re- companies and, frankly, of this admin- enforcing the Foreign Intelligence Sur- mains on the chairman and my side of istration, that doesn’t want the truth veillance Act, where the Supreme the aisle? to come out, ahead of the constitu- Court, as I detailed earlier, had ducked The ACTING PRESIDENT pro tem- tional rights of our citizens who seek the question. So given the ineffective- pore. There is 30 minutes. justice in our courts. This administra- ness of Congress—and I know, I chaired Mr. BOND. We will reserve that and tion is so desperate to have this immu- the Intelligence Committee in the accommodate the Senator from Cali- nity because they have no interest in 104th Congress and could find out hard- fornia. I thank the Chair and my col- the American people finding out the ly anything; I found the Director of the leagues. truth. CIA knew so little about what was The ACTING PRESIDENT pro tem- In another subject area, I had a press going on—and then the signing state- pore. Without objection, the Senator conference today with a wonderful man ments, the only recourse we have now from California is recognized for 10 who stood up and quit the Environ- is to the courts and to Chief Judge minutes. mental Protection Agency because Walker. Mrs. BOXER. Mr. President, I rise they were thwarting him every step of So my question to you is, if we are to today to speak in strong support of the the way as he tried to tell the truth maintain separation of powers and de- amendment offered by Senator DODD to about the real dangers, as a matter of termination of constitutionality, arti- strike the provision from the bill pro- fact, the endangerment posed by global cle I versus article II powers, how in viding immunity to the telecom com- warming. He sent the White House an the world can we act to divest Chief panies who assisted President Bush e-mail, and it was entitled Judge Walker of his jurisdiction in the with his warrantless surveillance pro- ‘‘Endangerment Finding.’’ The White case, especially in light of the opinion gram; in essence, breaking the law House called and said: Take it back. We he handed down last Wednesday? they were supposed to live by. I also don’t want to open it. And he said: It is Mr. ROCKEFELLER. I respond to the note that not every telecom company too late. So that e-mail is floating Senator from Pennsylvania by saying went along with this. There was at around in cyberspace because the

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6386 CONGRESSIONAL RECORD — SENATE July 8, 2008 White House knows, if they open it, it cising their constitutional duty to re- Senator from Pennsylvania has made a becomes public domain. So secrecy is view Executive power. number of comments on time for the what this administration lives by. So why in this bill are we seeking to supporters of the bill that actually de- This is a blatant example of where stop that process? Why are we attempt- serve a response. they want to keep secret an illegal pro- ing to tie the capable hands of the Fed- One clear point that needs to be gram. I don’t think we should be eral courts and deny our citizens their made in response to the Senator from complicit. I don’t think we should en- day in court? Covering up the truth is Pennsylvania and the Senator from able them to avoid the constitutional not the way to gain or regain the trust California is that Judge Walker’s ac- scrutiny of our Federal courts. We of the American people. The truth is tions will not be dismissed if retro- can’t sacrifice—we can’t—the truth for the basis of the American ideal. active liability protection is accorded convenient expediency. It is not Amer- I always marveled, as a little girl and carriers. It is a case against the United ican. We have a system of government as a young woman, growing up, watch- States, not a case against the tele- that is built not only on our Constitu- ing as the truth came out about Amer- phone companies. tion but on the notion of checks and ica. I remember my dad, who loved this Furthermore, I would say that the balances. The Federal courts are doing country so much, saying to me: Honey, dictum in Judge Walker’s opinion is their job by checking this administra- you just watch this country. We are contrary to higher, more authoritative tion’s broad exercise of Executive not afraid to admit a mistake. We are courts. So Judge Walker was not cor- power. That is why I will be supporting not fearful of giving people rights. We rect, and I believe should his case go up other amendments that will be coming will stand up and tell the truth, even on appeal, he will be found not to be up that deal with this matter. when we make the biggest mistakes. accurate. But that does not go, as my Last week, Chief Judge Walker, of Covering up the truth is not the way colleague from West Virginia has said, the Northern District of California, to gain the trust of the American peo- to the issue of whether carriers deserve issued an opinion rejecting this admin- ple. Since learning, in late 2005, that retroactive liability protection. So I istration’s claim to have ‘‘inherent au- the President violated the trust of our will reserve my comments, and I will thority’’ to eavesdrop on Americans people by spying on our citizens, Con- ask to be recognized when—when will outside of statutory law. What does gress and the American people have the Senate return to session? this Senate want to do? A lot of the struggled to find out what happened. The ACTING PRESIDENT pro tem- leaders you hear speaking on this want Last week, we celebrated the day we pore. At 2:15 p.m. to make it possible to give retro- adopted the Declaration of Independ- Mr. BOND. Mr. President, I ask unan- actively to this administration the in- ence, Independence Day, July 4. In that imous consent that I be recognized for herent authority to eavesdrop on historic document is the following what remains of time on this side. Americans outside the law. In the fu- phrase: The ACTING PRESIDENT pro tem- ture, we are fixing it. Good, I am glad. To secure these rights, governments are in- pore. Without objection, it is so or- I am happy. But you can’t then say, stituted among men deriving their just pow- dered. but we are going to look back and ers from the consent of the governed. f change the law. It is not right. ‘‘The consent of the governed,’’ that RECESS Listen to what Judge Walker wrote: means the law has to be behind you Congress appears clearly to have intended when you undertake to do something The ACTING PRESIDENT pro tem- to establish the exclusive means for foreign such as this administration did. They pore. Under the previous order, the intelligence activities to be conducted. didn’t care about the consent of the Senate stands in recess until 2:15 p.m. Whatever power the executive might other- Thereupon, the Senate, at 12:31 p.m., wise have had in this regard, FISA limits the governed. They didn’t care about the power of the executive branch to conduct law that was in place. Truth is the cen- recessed until 2:15 p.m. and reassem- such activities and it limits the executive terpiece of justice. I don’t see how we bled when called to order by the Pre- branch’s authority to assert the State se- ever get to the truth if we grant this siding Officer (Mr. CARPER). crets privilege in response to challenges to immunity. I don’t. It is not, to me, f the legality of its foreign intelligence sur- about the punishment. FOREIGN INTELLIGENCE SURVEIL- veillance activities. As I said, I will be happy to have sub- So we, Congress, limited the power of LANCE AMENDMENTS ACT OF stitution, to have the Government step 2008—Continued the executive. We said: You can’t as- in. That is not the issue. We need to sert the state secrets privilege in re- get to the truth, and we all know how The PRESIDING OFFICER. Under sponse to challenges to the legality of that happens in our country. The im- the previous order, the Senator from its foreign intelligence activities. And munity provision in this bill sweeps Missouri is recognized for 29 minutes. here we are rolling over with bravado the warrantless program under the car- Mr. BOND. Thank you, Mr. Presi- to say to this administration—and by pet. It hides the truth. The people de- dent. I appreciate the recognition. the way, I would feel the same way serve better from us. To begin, to clarify for the floor and whoever was the President, this admin- I will close with a quote by former our colleagues the arrangement the istration or any administration—oh, Supreme Court Justice Sandra Day chairman and I have on this bill, I ask you are the absolute ruler, the King. O’Connor: unanimous consent that Senator ROCKEFELLER manage the time in oppo- You can do whatever you want. You It is during our most challenging and un- can roll over. You can do all of that. certain moments that our nation’s commit- sition to the Specter amendment and We need to protect this country from ment to due process is severely tested. It is that I manage the time in opposition terrorists. We must. I voted to go to in those times we must preserve our commit- to the Dodd and Bingaman amend- war against bin Laden, and I will not ment at home to the principles for which we ments. rest until he is gone and we break the fight abroad. The PRESIDING OFFICER. Is there back of al-Qaida. Unfortunately, that I hope we will support the Dodd objection? has gone awry. I will be very willing to amendment to strike the immunity Without objection, it is so ordered. have our Government listen in on con- provision. Mr. BOND. Mr. President, as I men- versations of the bad actors out there, I thank the Chair. tioned earlier today, the Senate is but I don’t want good people being The ACTING PRESIDENT pro tem- poised to wrap up consideration of the spied on. That was the whole reason pore. The Senator from Missouri. Foreign Intelligence Surveillance FISA came into being in the first Mr. BOND. Mr. President, I under- Amendments Act of 2008 in the form of place. People seem to forget the origi- stand we are coming up on a hard H.R. 6304. Now, most of my colleagues nal FISA was to protect the people break, as they say in television, for the know this legislation has had a way of from being spied on, ordinary people. party lunches. hanging around for quite awhile, being Suddenly, it has been turned on its The ACTING PRESIDENT pro tem- caught up in the congressional process. head. I believe the current process pore. That is correct. Many, including myself, believe we works. Our system of government Mr. BOND. Mr. President, I note only should have passed it well before now, works. The Federal courts are exer- before we go into that break that the but it appears that we are on about the

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6387 5 yard line and ready to move it across not permit us to reach an agreement on text lect Committee on Intelligence on S. 2248, at into the end zone. As one who believes that may have been mutually agreeable to S. Rep. No. 110–209, pp. 12–25, as expanded and this badly needed update to FISA will both of us, so I have modified his section-by- edited to reflect the floor amendments to S. enhance our Nation’s security and ad- section analysis to reflect my own perspec- 2248 and the negotiations that produced H.R. tive as a co-manager on this important legis- 6304. vance and protect America’s civil lib- lation. A careful comparison of these two OVERALL ORGANIZATION OF ACT erties and privacy rights, I certainly versions will reveal that there are fewer The FISA Amendments Act of 2008 (‘‘FISA hope a strong majority of the Senate areas in which our analyses diverge than in Amendments Act’’) contains four titles. which they agree. will pass this legislation unamended Title I includes, in Section 101, a new Title The consideration of legislation to amend tomorrow. VII of FISA entitled ‘‘Additional Procedures Some of my colleagues have been in- the Foreign Intelligence Surveillance Act of 1978 (‘‘FISA’’) in the 110th Congress began Regarding Certain Persons Outside the tent on using Senate procedures to with the submission by the Director of Na- United States.’’ This new title of FISA slow this legislation to a snail’s pace. tional Intelligence (‘‘DNI’’) on April 12, 2007 (which will sunset in four and a half years) is They have succeeded in doing so, first of a proposed Foreign Intelligence Surveil- a successor to the Protect America Act, with by choosing to ignore the Director of lance Modernization Act of 2007, as Title IV amendments. Sections 102 through 110 of the National Intelligence—and I will call of the Administration’s proposed Intel- Act contain a number of amendments to FISA apart from the collection issues ad- him the DNI from now on—the DNI’s ligence Authorization Act for Fiscal Year 2008. The DNI’s proposal was the subject of dressed in the new Title VII of FISA. These pleas for modernization of the Foreign include a provision that FISA is the exclu- Intelligence Surveillance Act, or FISA, an open hearing on May 1, 2007 and subsequent closed hearings by the Senate Select sive statutory means for electronic surveil- as we will call it, in April 2007, for over Committee on Intelligence, but was not for- lance, important streamlining provisions, 3 months, until August of 2007, and mally introduced. It is available on the Com- and a change in the definitions section of back in December of 2007 when a Demo- mittee’s website: http://intelligence.senate FISA (in Section 110 of the bill) to facilitate cratic Member filibustered us past the .gov/070501/bill.pdf. foreign intelligence collection against end of the year and into the recess, In May 2007, a decision by the Foreign In- proliferators of weapons of mass destruction. Title II establishes a new Title VIII of into 2008. It came to the floor in Feb- telligence Surveillance Court (FISA Court) led to the creation of significant gaps in our FISA, entitled ‘‘Protection of Persons As- ruary when it took us several weeks to sisting the Government.’’ This new title es- work out a way to move forward; then, foreign intelligence collection. As a result of this decision, throughout the summer of tablishes a long-term procedure, in new once again, over the past few weeks, 2007, the DNI asked Congress to consider his FISA Section 802, for the Government to im- with another Democratic Member fili- FISA modernization legislation. In response plement statutory defenses and obtain the buster of sorts that pushed us past last to the DNI’s concerns, Congress passed the dismissal of civil cases against persons, prin- week’s recess. Up until now, we have Protect America Act of 2007, Pub. L. 110–55 cipally electronic communication service been delayed, but one thing is sure in (August 5, 2007) (‘‘Protect America Act’’). As providers, who assist elements of the intelligence community in accordance with de- the Senate. Just as they say in mili- a result of the Protect America Act, the In- telligence Community was able to close im- fined legal documents, namely, orders of the tary and basic training: No matter FISA Court or certifications or directives what you do, you can’t stop the clock. mediately the intelligence gaps that had been created by the court’s decision. While provided for and defined by statute. Section Now that some of my colleagues are the Protect America Act provided important 802 also incorporates a procedure with pre- out of time in delaying any further, the authorities for the collection of foreign in- cise boundaries for civil liability relief for Senate will move ahead this week, de- telligence, it did not contain any retroactive electronic communication service providers spite all of these delays. civil liability protections for those elec- who are or may be defendants in civil cases I am very proud of the comprehensive tronic communication service providers who involving an intelligence activity authorized had assisted with the President’s Terrorist by the President between September 11, 2001, compromise legislation before us today and January 17, 2007. In addition, Title II which passed out of the House with a Surveillance Program following the Sep- tember 11th terrorist attacks on our nation. provides for the protection, by way of pre- strong bipartisan vote of 293 to 129. The Protect America Act included a sunset emption, of the federal government’s ability That was almost 3 weeks ago. As with of February 1, 2008. After the passage of the to conduct intelligence activities without in- the Senate’s original FISA bill that Protect America Act, the Chairman and Vice terference by state investigations. passed several months ago, the com- Chairman began to draft permanent FISA Title III directs the Inspectors General of promise that is before us required a lit- legislation. S. 2248 was reported by the Se- the Department of Justice, the Department tle give from all sides but, in essence, lect Committee on Intelligence on October of Defense, the Office of National Intel- 26, 2007 (S. Rep. No. 110–209 (2007)), and then ligence, the National Security Agency, and what we have before us today is basi- any other element of the intelligence com- cally the Senate bill all over again. Ev- sequentially reported by the Committee on the Judiciary on November 16, 2007 (S. Rep. munity that participated in the President’s eryone who studied the language recog- No. 110–258 (2008)). In the House, the original Surveillance Program authorized by the nizes that. I have here a detailed legis- legislative vehicle was H.R. 3773. It was re- President between September 11, 2001, and lative history that I will ask unani- ported by the Committee on the Judiciary January 17, 2007, to conduct a comprehensive mous consent to be printed in the and the Permanent Select Committee on In- review of the program. The Inspectors Gen- RECORD that explains the provisions of telligence on October 12, 2007 (H. Rep. No. eral are required to submit a report to the appropriate committees of Congress, within the bill. Chairman ROCKEFELLER sub- 110–373 (Parts 1 and 2) (2007)). H.R. 3773 passed the House on November 15, 2007. S. 2248 one year, that addresses, among other mitted his own legislative history be- things, all of the facts necessary to describe fore the recess, and while we largely passed the Senate on February 12, 2008, and was sent to the House as an amendment to the establishment, implementation, product, agree on the description of the legisla- H.R. 3773. On March 14, 2008, the House re- and use of the product of the President’s tion, we do have a few key differences. turned H.R. 3773 to the Senate with an Surveillance Program, including the partici- So as Vice Chairman of the Intel- amendment. pation of individuals and entities in the pri- ligence Committee, I believe it is im- No formal conference was convened to re- vate sector related to the program. portant to make my views and those of solve the differences between the two Houses Title IV contains important procedures for several other Senators a part of the on H.R. 3773. Instead, following an agreement the transition from the Protect America Act to the new Title VII of FISA. Section legislative history of this bill by in- reached without a formal conference, the House passed a new bill, H.R. 6304, which 404(a)(7) directs the Attorney General and cluding it in the RECORD. I therefore contains a complete compromise of the dif- the DNI, if they seek to replace an author- ask unanimous consent to have this ferences on H.R. 3773. ization under the Protect America Act, to legislative description printed in the H.R. 6304 is a direct descendant of the Pro- submit the certification and procedures re- RECORD as part of my remarks. tect America Act and S. 2248, which became quired in accordance with the new Section There being no objection, the mate- the basis for the Senate amendment to H.R. 702 to the FISA Court at least 30 days before rial was ordered to be printed in the 3373 (February 12, 2008) and influenced the the expiration of such authorizations, to the extent practicable. Title IV explicitly pro- RECORD, as follows: House amendment to H.R. 3373 (March 18, 2008). The Protect America Act, H.R. 3773, as vides for the continued effect of orders, au- H.R. 6304, FISA AMENDMENTS ACT OF 2008 well as the original Senate bill, S. 2248, and thorizations, and directives issued under the SECTION-BY-SECTION ANALYSIS AND the legislative history of those measures Protect America Act, and of the provisions EXPLANATION constitutes the legislative history of H.R. pertaining to protection from liability, FISA This section-by-section analysis is based 6304. Court jurisdiction, the use of information ac- almost entirely upon the good work of Sen- The section-by-section analysis and expla- quired, and Executive branch reporting re- ator John D. Rockefeller IV, Chairman of the nation set forth below is based on the anal- quirements, past the statutory sunset of that Select Committee on Intelligence. Time did ysis and explanation in the report of the Se- act. Title IV also contains provisions on the

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6388 CONGRESSIONAL RECORD — SENATE July 8, 2008 continuation of authorizations, directives, Section 105B and Section 702(a) differ in the Protect America Act, that the definition and orders under Title VII that are in effect other important respects. Section 105B au- of electronic surveillance in Title I might at the time of the December 31, 2012, sunset, thorized the acquisition of foreign intel- prevent use of the new procedures. To ad- until their expiration within the year fol- ligence information ‘‘concerning’’ persons dress this concern, Section 105A redefined lowing the sunset. reasonably believed to be outside the United the term ‘‘electronic surveillance’’ to ex- TITLE I. FOREIGN INTELLIGENCE SURVEILLANCE States. To make clear that all collection clude ‘‘surveillance directed at a person rea- Section 101. Targeting the Communications of under Title VII must be targeted at persons sonably believed to be located outside of the Persons Outside the United States who are reasonably believed to be outside United States.’’ In contrast, Section 702(c)(4) the United States, Section 702(a) eliminates does not change the definition of electronic Section 101(a) of the FISA Amendments the word ‘‘concerning’’ and instead author- surveillance, but clarifies the intent of Con- Act establishes a new Title VII of FISA. En- izes ‘‘the targeting of persons reasonably be- gress to allow the targeting of foreign tar- titled ‘‘Additional Procedures Regarding lieved to be located outside the United gets outside the United States in accordance Certain Persons Outside the United States,’’ States to collect foreign intelligence infor- with Section 702 without an application for a the new title includes, with important modi- mation.’’ court order under Title I of FISA. The addi- fications, an authority similar to that grant- Section 702(b) establishes five related limi- tion of this construction paragraph, as well ed by the Protect America Act as temporary tations on the authorization in Section as the language in Section 702(a) that an au- sections 105A, 105B, and 105C of FISA. Those 702(a). Overall, the limitations ensure that thorization may occur ‘‘notwithstanding any Protect America Act provisions had been the new authority is not used for surveil- other law,’’ makes clear that nothing in placed within FISA’s Title I on electronic lance directed at persons within the United Title I of FISA shall be construed to require surveillance. Moving the amended authority States or at United States persons. The first a court order under that title for an acquisi- to a title of its own is appropriate because is a specific prohibition on using the new au- tion that is targeted in accordance with Sec- the authority involves not only the acquisi- thority to target intentionally any person tion 702 at a foreign person outside the tion of communications as they are being within the United States. The second pro- United States. carried but also while they are stored by vides that the authority may not be used to Section 702(d) provides, in a manner essen- electronic communication service providers. conduct ‘‘reverse targeting,’’ the intentional tially identical to the Protect America Act, Section 701. Definitions targeting of a person reasonably believed to for the adoption by the Attorney General, in Section 701 incorporates into Title VII the be outside the United States if the purpose of consultation with the DNI, of targeting pro- definition of nine terms that are defined in the acquisition is to target a person reason- cedures that are reasonably designed to en- Title I of FISA and used in Title VII: ‘‘agent ably believed to be in the United States. If sure that collection is limited to targeting of a foreign power,’’ ‘‘Attorney General,’’ the purpose is to target a person reasonably persons reasonably believed to be outside the ‘‘contents,’’ ‘‘electronic surveillance,’’ ‘‘for- believed to be in the United States, then the United States. As provided in the Protect eign intelligence information,’’ ‘‘foreign electronic surveillance should be conducted America Act, the targeting procedures are power,’’ ‘‘person,’’ ‘‘United States,’’ and in accordance with FISA or the criminal subject to judicial review and approval. In ‘‘United States person.’’ It defines the con- wiretap statutes. The third bars the inten- addition to the requirements of the Protect gressional intelligence committees for the tional targeting of a United States person America Act, however, Section 702(d) pro- purposes of Title VII. Section 701 defines the reasonably believed to be outside the United vides that the targeting procedures also two courts established in Title I that are as- States. In order to target such United States must be reasonably designed to prevent the signed responsibilities under Title VII: the person, acquisition must be conducted under intentional acquisition of any communica- FISA Court and the Foreign Intelligence three subsequent sections of Title VII, which tion as to which the sender and all intended Surveillance Court of Review. Section 701 require individual FISA court orders for recipients are known at the time of the ac- also defines ‘‘intelligence community’’ as United States persons: Sections 703, 704, and quisition to be located in the United States. found in the National Security Act of 1947. 705. The fourth limitation goes beyond tar- Section 702(d)(2) subjects these targeting Finally, Section 701 defines a term, not pre- geting (the object of the first three limita- procedures to judicial review and approval. viously defined in FISA, which has an impor- tions) and prohibits the intentional acquisi- Section 702(e) provides that the Attorney tant role in setting the parameters of Title tion of any communication as to which the General, in consultation with the DNI, shall VII: ‘‘electronic communication service pro- sender and all intended recipients are known adopt, for acquisitions authorized by Section vider.’’ This definition is connected to the at the time of the acquisition to be located 702(a), minimization procedures that are con- objective that the acquisition of foreign in- in the United States. The fifth is an over- sistent with Section 101(h) or 301(4) of FISA, telligence pursuant to this title is meant to arching mandate that an acquisition author- which establish FISA’s minimization re- encompass the acquisition of stored elec- ized in Section 702(a) shall be conducted in a quirements for electronic surveillance and tronic communications and related data. manner consistent with the Fourth Amend- physical searches. Unlike the Protect Amer- Section 702. Procedures for Targeting Certain ment to the U.S. Constitution, which pro- ica Act, Section 702(e)(2) provides that the Persons Outside the United States Other vides for ‘‘the right of the people to be secure minimization procedures, which are essen- than United States Persons in their persons, houses, papers, and effects, tial to the protection of United States per- Section 702(a) sets forth the basic author- against unreasonable searches and seizures.’’ sons, shall be subject to judicial review and ization in Title VII, replacing Section 105B of Section 702(c) governs the conduct of ac- approval. FISA, as added by the Protect America Act. quisitions. Pursuant to Section 702(c)(1), ac- Section 702(f) provides that the Attorney Unlike the Protect America Act, the collec- quisitions authorized under Section 702(a) General, in consultation with the DNI, shall tion authority in Section 702(a) cannot be ex- may be conducted only in accordance with adopt guidelines to ensure compliance with ercised until the FISA Court has conducted targeting and minimization procedures ap- the limitations in Section 702(b), including its review in accordance with subsection proved at least annually by the FISA Court prohibitions on the acquisition of purely do- (i)(3), or the Attorney General and the DNI, and a certification of the Attorney General mestic communications, targeting persons acting jointly, have made a determination and the DNI, upon its submission in accord- within the United States, targeting United that exigent circumstances exist, as defined ance with Section 702(g). Section 702(c)(2) de- States persons located outside the United in Section 702(c)(2). Following such deter- scribes the ‘‘exigent circumstances’’ in States, and reverse targeting. Such guide- mination and subsequent submission of a which the Attorney General and Director of lines shall also ensure that an application certification and related procedures, the National Intelligence may authorize tar- for a court order is filed as required by FISA. Court is required to conduct its review expe- geting for a limited time without a prior It is intended that these guidelines will pro- ditiously. Authorizations must contain an court order for purposes of subsection (a). vide clear requirements and procedures gov- effective date and may be valid for a period Section 702(c)(2) provides that the Attorney erning the appropriate implementation of of up to one year from that date. General and the DNI may make a determina- the authority under this title of FISA. The Subsequent provisions of the Act imple- tion that exigent circumstances exist be- Attorney General is to provide these guide- ment the prior order and effective date pro- cause, without immediate implementation of lines to the congressional intelligence com- visions of Section 702(a): in addition to Sec- an authorization under Section 702(a), intel- mittees, the judiciary committees of the tion 702(c)(2) which defines exigent cir- ligence important to the national security of House of Representatives and the Senate, cumstances, Section 702(i)(1)(B) provides the United States may be lost or not timely and the FISA Court. Subsequent provisions that the court shall complete its review of acquired and time does not permit the implement the guidelines requirement. See certifications and procedures within 30 days issuance of an order pursuant to Section Section 702(g)(2)(A)(iii) (certification re- (unless extended under Section 702(j)(2)); 702(i)(3) prior to the implementation of such quirements); Section 702(l)(1) and 702(l)(2) Section 702(i)(5)(A) provides for the submis- authorization. Section 702(c)(3) provides that (Attorney General and DNI assessment of sion of certifications and procedures to the the Attorney General and the DNI may make compliance with guidelines); and Section FISA Court at least 30 days before the expi- such a determination before the submission 707(b)(1)(G)(ii) (reporting on noncompliance ration of authorizations that are being re- of a certification or by amending a certifi- with guidelines). placed, to the extent practicable; and Sec- cation at any time during which judicial re- Section 702(g) requires that the Attorney tion 702(i)(5)(B) provides for the continued ef- view of such certification is pending before General and the DNI provide to the FISA fectiveness of expiring certifications and the FISA Court. Court, prior to implementation of an author- procedures until the court issues an order Section 702(c)(4) addresses the concern, re- ization under subsection (a), a written cer- concerning their replacements. flected in Section 105A of FISA as added by tification, with any supporting affidavits. In

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6389 exigent circumstances, the Attorney General the court is whether the directive meets the measures adopted by the Chief Justice in and DNI may make a determination that, requirements of Section 702 and is otherwise consultation with the Attorney General and without immediate implementation, intel- lawful. Whether the proceeding begins as a the DNI. In addition, all petitions are to be ligence important to the national security provider challenge or a Government enforce- filed under seal and the FISA Court, upon may be lost or not timely acquired prior to ment petition, if the court upholds the direc- the request of the Government, shall con- the implementation of an authorization. It is tive as issued or modified, the court shall sider ex parte and in camera any Govern- expected that the Attorney General and the order the provider to comply. Failure to ment submission or portions of a submission DNI will utilize this ‘‘exigent cir- comply may be punished as a contempt of that may include classified information. The cumstances’’ exception as often as necessary court. The proceedings shall be expedited Attorney General and the DNI are to retain to ensure the protection of our national se- and decided within 30 days, unless that time directives made or orders granted for not curity. For this reason, the standard to use is extended under Section 702(j)(2). less than 10 years. this authority is much lower than in tradi- Section 702(i) provides for judicial review Section 702(l) provides for oversight of the tional emergency situations under FISA. In of any certification required by Section implementation of Title VII. It has three exigent circumstances, if time does not per- 702(g) and the targeting and minimization parts. First, the Attorney General and the mit the submission of a certification prior to procedures adopted pursuant to Sections DNI shall assess semiannually under sub- the implementation of an authorization, the 702(d) and 702(e). In accordance with Section section (l)(1) compliance with the targeting certification must be submitted to the FISA 702(i)(5), if the Attorney General and the DNI and minimization procedures, and the Attor- Court no later than seven days after the de- seek to reauthorize or replace an authoriza- ney General guidelines for compliance with termination is made. The seven-day time pe- tion in effect under the Act, they shall sub- limitations under Section 702(b), and submit riod for submission of a certification in the mit, to the extent practicable, the certifi- the assessment to the FISA Court and to the case of exigent circumstances is identical to cation and procedures at least 30 days prior congressional intelligence and judiciary the time period by which the Attorney Gen- to the expiration of such authorization. committees, consistent with congressional eral must apply for a court order after au- The court shall review certifications to de- rules. thorizing an emergency surveillance under termine whether they contain all the re- Second, under subsection (l)(2)(A), the In- spector General of the Department of Justice other provisions of FISA, as amended by this quired elements. It shall review targeting and the Inspector General (‘‘IG’’) of any in- Act. procedures to assess whether they are rea- Section 702(g)(2) sets forth the require- sonably designed to ensure that the acquisi- telligence community element authorized to ments that must be contained in the written tion activity is limited to the targeting of acquire foreign intelligence under Section certification. The required elements are: (1) persons reasonably believed to be located 702(a) are authorized to review compliance of the targeting and minimization procedures outside the United States and prevent the in- their agency or element with the targeting and minimization procedures adopted in ac- have been approved by the FISA Court or tentional acquisition of any communication cordance with subsections (d) and (e) and the will be submitted to the court with the cer- whose sender and intended recipients are guidelines adopted in accordance with sub- tification; (2) guidelines have been adopted known at the time of acquisition to be lo- section (f). Subsections (l)(2)(B) and (l)(2)(C) to ensure compliance with the limitations of cated in the United States. The Protect mandate several statistics that the IGs shall subsection (b); (3) those procedures and America Act had limited the review of tar- review with respect to United States per- guidelines are consistent with the Fourth geting procedures to a ‘‘clearly erroneous’’ sons, including the number of disseminated Amendment; (4) the acquisition is targeted standard; Section 702(i) omits that limita- intelligence reports that contain references at persons reasonably believed to be outside tion. For minimization procedures, Section to particular known U.S. persons, the num- the United States; (5) a significant purpose 702(i) provides that the court shall review ber of U.S. persons whose identities were dis- of the acquisition is to obtain foreign intel- them to assess whether they meet the statu- seminated in response to particular requests, ligence information; and (6) an effective date tory requirements. The court is to review and the number of targets later determined for the authorization that in most cases is at the certifications and procedures and issue to be located in the United States. Their re- least 30 days after the submission of the its order within 30 days after they were sub- ports shall be submitted to the Attorney written certification. Additionally, as an mitted unless that time is extended under General, the DNI, and the appropriate con- overall limitation on the method of acquisi- Section 702(j)(2). The Attorney General and gressional committees. Section 702(l)(2) pro- tion permitted under Section 702, the certifi- the DNI may also amend the certification or vides no statutory schedule for the comple- cation must attest that the acquisition in- procedures at any time under Section tion of these IG reviews; the IGs should co- volves obtaining foreign intelligence infor- 702(i)(1)(C), but those amended certifications ordinate with the heads of their agencies mation from or with the assistance of an or procedures must be submitted to the about the timing for completion of the IG re- electronic communication service provider. court in no more than 7 days after amend- views so that they are done at a time that Requiring an effective date in the certifi- ment. The amended procedures may be used would be useful for the agency heads to com- cation serves to identify the beginning of the pending the court’s review. plete their semiannual reviews. period of authorization (which is likely to be If the FISA Court finds that the certifi- Third, under subsection (l)(3), the head of a year) for collection and to alert the FISA cation contains all the required elements an intelligence community element that Court of when the Attorney General and DNI and that the targeting and minimization conducts an acquisition under Section 702 are seeking to begin collection. Section procedures are consistent with the require- shall review annually whether there is rea- 702(g)(3) permits the Attorney General and ments of subsections (d) and (e) and with the son to believe that foreign intelligence infor- DNI to change the effective date in the cer- Fourth Amendment, the court shall enter an mation has been or will be obtained from the tification by amending the certification. order approving their use or continued use acquisition and provide an accounting of in- As with the Protect America Act, the cer- for the acquisition authorized by Section formation pertaining to United States per- tification under Section 702(g)(4) is not re- 702(a). If it does not so find, the court shall sons similar to that included in the IG required to identify the specific facilities, order the Government, at its election, to cor- port. Subsection (l)(3) also encourages the places, premises, or property at which the rect any deficiencies or cease, or not begin, head of the element to develop procedures to acquisition under Section 702(a) will be di- the acquisition. If acquisitions have begun, assess the extent to which the new authority rected or conducted. The certification shall they may continue during any rehearing en acquires the communications of U.S. per- be subject to review by the FISA Court. banc of an order requiring the correction of sons, and to report the results of such assess- Section 702(h) authorizes the Attorney deficiencies. If the Government appeals to ment. The review is to be used by the head of General and the DNI to direct, in writing, an the Foreign Intelligence Surveillance Court the element to evaluate the adequacy of electronic communication service provider of Review, any collection that has begun minimization procedures. The annual review to furnish the Government with all informa- may continue at least until that court enters is to be submitted to the FISA Court, the At- tion, facilities, or assistance necessary to ac- an order, not later than 60 days after filing of torney General and the DNI, and to the ap- complish the acquisition authorized under the petition for review, which determines propriate congressional committees. Section 702(a). It is important to note that whether all or any part of the correction Section 703. Certain Acquisition Inside the such directives may be issued only in exigent order shall be implemented during the ap- United States Targeting United States Per- circumstances pursuant to Section 702(c)(2) peal. sons Outside the United States or after the FISA Court has conducted its re- Section 702(j)(1) provides that judicial pro- Section 703 governs the targeting of United view of the certification and the targeting ceedings are to be conducted as expedi- States persons who are reasonably believed and minimization procedures and issued an tiously as possible. Section 702(j)(2) provides to be outside the United States when the ac- order pursuant to Section 702(i)(3). Section that the time limits for judicial review in quisition of foreign intelligence is conducted 702(h) requires compensation for this assist- Section 702 (for judicial review of certifi- inside the United States. The authority and ance and provides that no cause of action cations and procedures or in challenges or procedures of Section 703 apply when the ac- shall lie in any court against an electronic enforcement proceedings concerning direc- quisition either constitutes electronic sur- communication service provider for its as- tives) shall apply unless extended, by written veillance, as defined in Title I of FISA, or is sistance in accordance with a directive. It order, as necessary for good cause in a man- of stored electronic communications or also establishes expedited procedures in the ner consistent with national security. stored electronic data. If the United States FISA Court for a provider to challenge the Section 702(k) requires that records of pro- person returns to the United States, acquisi- legality of a directive or the Government to ceedings under Section 702 shall be main- tion under Section 703 must cease. The Gov- enforce it. In either case, the question for tained by the FISA Court under security ernment may always, however, obtain an

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6390 CONGRESSIONAL RECORD — SENATE July 8, 2008 order or authorization under another title of believed to be located outside the United a significant legal interpretation of Section FISA. States and is a foreign power, or an agent, 702, incidents of noncompliance and proce- The application procedures and provisions officer, or employee of a foreign power. An dures to implement the section. With respect for a FISA Court order in Sections 703(b) and order is valid for a period not to exceed 90 to Sections 703 and 704, the report must con- 703(c) are drawn from Titles I and III of days, and may be renewed for additional 90– tain the number of applications made for or- FISA. Key among them is the requirement day periods upon submission of renewal ap- ders under each section and the number of that the FISA Court determine that there is plications meeting application requirements. such orders granted, modified and denied, as probable cause to believe that, for the United Because an acquisition under Section 704 is well as the number of emergency authoriza- States person who is the target of the sur- conducted outside the United States, or is tions made pursuant to each section and the veillance, the person is reasonably believed otherwise not covered by FISA, the FISA subsequent orders approving or denying the to be located outside the United States and Court is expressly not given jurisdiction to relevant application. is a foreign power or an agent, officer, or em- review the means by which an acquisition Section 708. Savings Provision ployee of a foreign power. The inclusion of under this section may be conducted. Al- Section 708 provides that nothing in Title United States persons who are officers or though the FISA Court’s review is limited to VII shall be construed to limit the authority employees of a foreign power, as well as determinations of probable cause, Section of the Government to seek an order or au- those who are agents of a foreign power as 704 anticipates that any acquisition con- thorization under, or otherwise engage in that term is used in FISA, is intended to per- ducted pursuant to a Section 704 order will any activity that is authorized under, any mit the type of collection against United in all other respects be conducted in compli- other title of FISA. This language is de- States persons outside the United States ance with relevant regulations and Execu- signed to ensure that Title VII cannot be in- that has been allowed under Executive Order tive Orders governing the acquisition of for- terpreted to prevent the Government from 12333 and existing Executive branch guide- eign intelligence outside the United States, submitting applications and seeking orders lines. The FISA Court shall also review and including Executive Order 12333 or any suc- under other titles of FISA. approve minimization procedures that will cessor order. Section 101(b). Table of Contents be applicable to the acquisition, and shall Section 705. Joint Applications and Concurrent Section 101(b) of the bill amends the table order compliance with such procedures. Authorizations As with FISA orders against persons in the of contents in the first section of FISA. Section 705 provides that if an acquisition United States, FISA orders against United Subsection 101(c). Technical and Conforming targeting a United States person under Sec- States persons outside of the United States Amendments tion 703 or 704 is proposed to be conducted under Section 703 may not exceed 90 days both inside and outside the United States, a Section 101(c) of the bill provides for tech- and may be renewed for additional 90–day pe- judge of the FISA Court may issue simulta- nical and conforming amendments in Title 18 riods upon the submission of renewal appli- neously, upon the request of the Government of the United States Code and in FISA. cations. Emergency authorizations under in a joint application meeting the require- Section 102. Statement of Exclusive Means by Section 703 are consistent with the requirements of Sections 703 and 704, orders under which Electronic Surveillance and Intercep- ments for emergency authorizations in FISA both sections as appropriate. If an order au- tion of Certain Communications May Be against persons in the United States, as thorizing electronic surveillance or physical Conducted amended by this Act; the Attorney General search has been obtained under Section 105 Section 102(a) amends Title I of FISA by may authorize an emergency acquisition if or 304, and that order is still in effect, the adding a new Section 112 of FISA. Under the an application is submitted to the FISA Attorney General may authorize, without an heading of ‘‘Statement of Exclusive Means Court in not more than seven days. order under Section 703 or 704, the targeting by which Electronic Surveillance and Inter- Section 703(g) is a construction provision of that United States person for the purpose ception of Certain Communications May Be that clarifies that, if the Government ob- of acquiring foreign intelligence information Conducted,’’ the new Section 112(a) states: tains an order and targets a particular while such person is reasonably believed to ‘‘Except as provided in subsection (b), the United States person in accordance with Sec- be located outside the United States. procedures of chapters 119, 121 and 126 of tion 703, FISA does not require the Govern- Title 18, United States Code, and this Act ment to seek a court order under any other Section 706. Use of Information Acquired Under shall be the exclusive means by which elec- provision of FISA to target that United Title VII tronic surveillance and the interception of States person while that person is reason- Section 706 fills a void that has existed domestic wire, oral, or electronic commu- ably believed to be located outside the under the Protect America Act which had nication may be conducted.’’ New Section United States. contained no provision governing the use of 112(b) of FISA provides that only an express Section 704. Other Acquisitions Targeting acquired intelligence. Section 706(a) provides that information acquired from an acquisi- statutory authorization for electronic sur- United States Persons Outside the United veillance or the interception of domestic States tion conducted under Section 702 shall be deemed to be information acquired from an wire, oral, or electronic communications, Section 704 governs other acquisitions that electronic surveillance pursuant to Title I of other than as an amendment to FISA or target United States persons who are outside FISA for the purposes of Section 106 of FISA, chapters 119, 121, or 206 of Title 18 shall con- the United States. Sections 702 and 703 ad- which is the provision of Title I of FISA that stitute an additional exclusive means for the dress acquisitions that constitute electronic governs public disclosure or use in criminal purpose of subsection (a). The new Section surveillance or the acquisition of stored elec- proceedings. The one exception is for sub- 112 is based on a provision which Congress tronic communications. In contrast, Section section (j) of Section 106, as the notice provi- enacted in 1978 as part of the original FISA 704 addresses any targeting of a United sion in that subsection, while manageable in that is codified in Section 2511(2)(f) of Title States person outside of the United States individual Title I proceedings, would present 18, United States Code, and which will re- under circumstances in which that person a difficult national security question when main in the U.S. Code. has a reasonable expectation of privacy and Section 102(a) strengthens the statutory applied to a Title VII acquisition. Section a warrant would be required if the acquisi- provisions pertaining to electronic surveil- 706(b) also provides that information action occurred within the United States. It lance and interception of certain commu- quired from an acquisition conducted under thus covers not only communications intel- nications to clarify the express intent of Section 703 shall be deemed to be informa- ligence, but, if it were to occur, the physical Congress that these statutory provisions are tion acquired from an electronic surveillance search for foreign intelligence purposes of a the exclusive means for conducting elec- pursuant to Title I of FISA for the purposes home, office, or business of a United States tronic surveillance and interception of cer- of Section 106 of FISA; however, the notice person by an element of the United States tain communications. This section makes it provision of subsection (j) applies. Section intelligence community, outside of the clear that any existing statute cannot be 706 ensures a uniform standard for the types United States. used in the future as the statutory basis for of information acquired under the new title. Pursuant to Section 704(a)(3), if the tar- circumventing FISA. Section 102(a) is in- geted United States person is reasonably be- Section 707. Congressional Oversight tended to ensure that additional exclusive lieved to be in the United States while an Section 707 provides for additional congres- means for surveillance or interceptions shall order under Section 704 is in effect, the ac- sional oversight of the implementation of be express statutory authorizations. quisition against that person shall cease un- Title VII. The Attorney General is to fully In accord with Section 102(b) of the bill, less authority is obtained under another ap- inform ‘‘in a manner consistent with na- Section 109 of FISA that provides for crimi- plicable provision of FISA. The Government tional security’’ the congressional intel- nal penalties for violations of FISA, is may not use Section 704 to authorize an ac- ligence and judiciary committees about im- amended to implement the exclusivity re- quisition of foreign intelligence inside the plementation of the Act at least semiannu- quirement added in Section 112 by making United States. ally. Each report is to include any certifi- clear that the safe harbor to FISA’s criminal Section 704(b) describes the application to cations made under Section 702, the reasons offense provision is limited to statutory au- the FISA Court that is required. For an for any determinations made under Section thorizations for electronic surveillance or order under Section 704(c), the FISA Court 702(c)(2), any directives issued during the re- the interception of domestic wire, oral, or must determine that there is probable cause porting period, a description of the judicial electronic communications which are pursu- to believe that the United States person who review during the reporting period to include ant to a provision of FISA, one of the enu- is the target of the acquisition is reasonably a copy of any order or pleading that contains merated chapters of the criminal code, or a

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6391 statutory authorization that expressly pro- cant interpretations of FISA. The impor- cials who may make a written request to the vides an additional exclusive means for con- tance of the reporting requirement is that, Attorney General to personally review a ducting the electronic surveillance. By vir- because the two courts conduct their busi- FISA application as the head of the CIA had tue of the cross-reference in Section 110 of ness in secret, Congress needs the reports to this authority prior to the establishment of FISA to Section 109, that limitation on the know how the law it has enacted is being in- the Office of the Director of National Intel- safe harbor in Section 109 applies equally to terpreted. ligence. Section 110 on civil liability for conducting Section 103 adds to the Title VI reporting Section 105. Issuance of an Order requirements in three ways. First, as signifi- unlawful electronic surveillance. Section 105 strikes from Section 105 of Section 102(c) requires that, if a certifi- cant legal interpretations may be included FISA several unnecessary or obsolete provi- cation for assistance to obtain foreign intel- in orders as well as opinions, Section 103 re- sions. Section 105 strikes subsection (c)(1)(F) ligence is based on statutory authority, the quires that orders also be provided to the of Section 105 of FISA which requires mini- certification provided to an electronic com- committees. Second, as the semiannual re- mization procedures applicable to each sur- munication service provider is to include the port often takes many months after the end veillance device employed because Section specific statutory authorization for the re- of the semiannual period to prepare, Section 105(c)(2)(A) requires each order approving quest for assistance and certify that the 103 accelerates provision of information electronic surveillance to direct the mini- statutory requirements have been met. This about significant legal interpretations by re- mization procedures to be followed. provision is designed to assist electronic quiring the submission of such decisions, or- Subsection (a)(6) reorganizes, in more read- communication service providers in under- ders, or opinions within 45 days. Finally, able form, the emergency surveillance provi- standing the legal basis for any government Section 103 requires that the Attorney Gen- sion of Section 105(f), now redesignated Sec- request for assistance. eral shall submit a copy of any such deci- tion 105(e), with a substantive change of ex- In the section-by-section analysis of S. sion, order, or opinion, and any pleadings, tending from 3 to 7 days the time by which 2248, the report of the Select Committee on applications, or memoranda of law associ- the Attorney General must apply for and ob- Intelligence (S. Rep. No. 110–209, at 18) de- ated with such decision, order, or opinion, tain a court order after authorizing an emer- scribed and incorporated the discussion of from the period five years preceding enact- gency surveillance. The purpose of the exclusivity in the 1978 conference report on ment of the bill that has not previously been change is to ease the administrative burdens the original Foreign Intelligence Surveil- submitted to the congressional intelligence upon the Department of Justice, the Intel- lance Act, in particular the conferees’ de- and judiciary committees. The Attorney ligence Community, and the FISA Court cur- scription of the analysis in Youngstown Sheet General, in consultation with the Director of rently imposed by the three-day require- and Tube Co. v. Sawyer, 343 U.S. 579, 637 (1952) National Intelligence, may authorize ment. and the application of the principles de- redactions of documents submitted in ac- Subsection (a)(7) adds a new paragraph to scribed there to the current legislation. That cordance with subsection 103(c) as necessary Section 105 of FISA to require the FISA full discussion should be deemed incor- to protect national security. Court, on the Government’s request, when porated in this section-by-section analysis. OVERVIEW OF SECTIONS 104 THROUGH SECTION granting an application for electronic sur- Section 102 of the bill will not—and can- 109; FISA STREAMLINING veillance, to authorize at the same time the not—preclude the President from exercising Sections 104 through 109 amend various installation and use of pen registers and trap his Article II constitutional authority to sections of FISA for such purposes as reduc- and trace devices. This change recognizes conduct warrantless foreign intelligence sur- ing a paperwork requirement, modifying that when the Intelligence Community seeks veillance. At most, this exclusive means pro- time requirements, or providing additional to use electronic surveillance, pen register vision only places the President at his ‘‘low- flexibility in terms of the range of Govern- and trap and trace information is often es- est ebb’’ under the third prong of the ment officials who may authorize FISA ac- sential to conducting complete surveillance, Youngstown case analysis. That is exactly tions. Collectively, these amendments are and the Government should not need to file where the President was when FISA was described as streamlining amendments. In two separate applications. passed back in 1978 and the ‘‘revised’’ exclu- general, they are intended to increase the ef- Section 106. Use of Information sive means provision in this bill does not ficiency of the FISA process without depriv- change this fact. Even at his lowest ebb, the ing the FISA Court of the information it Section 106 amends Section 106(i) of FISA President’s authority with respect to inter- needs to make findings required under FISA. with regard to the limitations on the use of cepting enemy communications is still quite unintentionally acquired information. Cur- Section 104. Applications for Court Orders strong, especially when compared to the non- rently, Section 106(i) of FISA provides that existent capability of Congress to engage in Section 104 of the bill strikes two of the unintentionally acquired radio communica- similar interception activities. eleven paragraphs on standard information tion between persons located in the United Further, Section 102(c) actually reinforces in an application for a surveillance order States must be destroyed unless the Attor- the President’s Article II authority, stating under Section 104 of FISA, either because the ney General determines that the contents of that ‘‘if a certification . . . for assistance to information is provided elsewhere in the ap- the communications indicates a threat of obtain foreign intelligence information is plication process or is not needed. death or serious bodily harm to any person. based on statutory authority, the certifi- In various places, FISA has required the Section 106 of the bill amends subsection cation shall identify the specific statutory submission of ‘‘detailed’’ information, as in 106(i) of FISA by making it technology neu- provision and shall certify that the statu- Section 104 of FISA, ‘‘a detailed description tral on the principle that the same rule for tory requirements have been met.’’ The im- of the nature of the information sought and the use of information indicating threats of plication from such language is that if a cer- the type of communications or activities to death or serious harm should apply no mat- tification is not based on statutory author- be subjected to the surveillance.’’ The DNI ter how the communication is transmitted. requested legislation that asked that ‘‘sum- ity, then citing statutory authority would be Section 107. Amendments for Physical Searches unnecessary. This language thus acknowl- mary’’ be substituted for ‘‘detailed’’ for this Section 107 makes changes to Title III of edges that certifications may be based on and other application requirements, in order FISA: changing applications and orders for something other than statutory authority, to reduce the length of FISA applications. In physical searches to correspond to changes namely the President’s inherent constitu- general, the bill approaches this by elimi- in Sections 104 and 105 on reduction of some tional authority. nating the mandate for ‘‘detailed’’ descriptions, leaving it to the FISA Court and the application paperwork; providing the FBI Section 103. Submittal to Congress of Certain Government to work out the level of speci- with administrative flexibility in enabling Court Orders under the Foreign Intelligence ficity needed by the FISA Court to perform its Deputy Director to be a certifying officer; Surveillance Act of 1978 its statutory responsibilities. With respect and extending the time, from 3 days to 7 Section 6002 of the Intelligence Reform Act to one item of information, ‘‘a statement of days, for applying for and obtaining a court and Terrorism Prevention Act of 2004 (Pub. the means by which the surveillance will be order after authorization of an emergency L. 108–458), added a Title VI to FISA that effected,’’ the bill modifies the requirement search. augments the semiannual reporting obliga- by allowing for ‘‘a summary statement.’’ Section 303(a)(4)(C), which will be redesig- tions of the Attorney General to the intel- In aid of flexibility, Section 104 increases nated Section 303(a)(3)(C), requires that each ligence and judiciary committees of the Sen- the number of individuals who may make application for physical search authority ate and House of Representatives. Under Sec- FISA applications by allowing the President state the applicant’s belief that the property tion 6002, the Attorney General shall report to designate the Deputy Director of the Fed- is ‘‘owned, used, possessed by, or is in trans- a summary of significant legal interpreta- eral Bureau of Investigation (‘‘FBI’’) as one mit to or from’’ a foreign power or an agent tions of FISA in matters before the FISA of those individuals. This should enable the of a foreign power. In order to provide needed Court or Foreign Intelligence Surveillance Government to move more expeditiously to flexibility and to make the provision con- Court of Review. The requirement extends to obtain certifications when the Director of sistent with electronic surveillance provi- interpretations presented in applications or the FBI is away from Washington or other- sions, Section 107(a)(1)(D) of the bill allows pleadings filed with either court by the De- wise unavailable. the FBI to apply for authority to search partment of Justice. In addition to the semi- Subsection (b) of Section 104 of FISA is property that also is ‘‘about to be’’ owned, annual summary, the Department of Justice eliminated as obsolete in light of current ap- used, or possessed by a foreign power or is required to provide copies of court deci- plications. The Director of the Central Intel- agent of a foreign power, or in transit to or sions, but not orders, which include signifi- ligence Agency is added to the list of offi- from one.

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6392 CONGRESSIONAL RECORD — SENATE July 8, 2008 Section 108. Amendments for Emergency Pen several unsuccessful efforts during the legis- between September 11, 2001, and January 17, Registers and Trap and Trace Devices lative process to include a specific statutory 2007, when the Attorney General announced Section 108 amends Section 403 of FISA to authorization in this bill. the termination of the Terrorist Surveil- extend from 2 days to 7 days the time for ap- Second, the Court’s inherent authority to lance Program. In addition, Title VIII con- plying for and obtaining a court order after review and approve minimization procedures tains provisions of law intended to imple- an emergency installation of a pen register in the context of domestic electronic surveil- ment statutory defenses for electronic com- or trap and trace device. This change har- lance or physical searches is different from munication service providers and others who monizes among FISA’s provisions for elec- its inherent authority to review and approve assist the Government in accordance with tronic surveillance, search, and pen register/ minimization procedures in the foreign tar- precise, existing legal requirements, and pro- trap and trace authority the time require- geting context. In the domestic context, the vides for federal preemption of state inves- ments that follow the Attorney General’s de- Court must direct that the minimization tigations. The liability protection provisions cision to take emergency action. procedures be followed. See Sections of Title VIII are not subject to sunset. 105(c)(2)(A), 304(c)(2)(A), and 703(c)(5)(A). Section 801. Definitions Section 109. Foreign Intelligence Surveillance There is no such requirement in the foreign Court targeting context. Instead, the Court’s judi- Section 801 establishes definitions for Title Section 109 contains four amendments to cial review is limited to assessing whether VIII. Several are of particular importance. Section 103 of FISA, which establishes the the procedures meet the definition of mini- The term ‘‘assistance’’ is defined to mean FISA Court and the Foreign Intelligence mization procedures under FISA. See Sec- the provision of, or the provision of access Surveillance Court of Review. tion 702(i)(2)(C). When the Court issues an to, information, facilities, or another form of Section 109(a) amends Section 103 to pro- order under Section 702, it merely enters an assistance. The word ‘‘information’’ is itself vide that judges on the FISA Court shall be order approving the use of the minimization described in a parenthetical to include com- drawn from ‘‘at least seven’’ of the United procedures for the acquisition. See munication contents, communication States judicial circuits. The current require- 702(i)(3)(A). This limitation on the scope of records, or other information relating to a ment—that the eleven judges be drawn from the Court’s order in the foreign targeting customer or communications. ‘‘Contents’’ is seven judicial circuits (with the number ap- context should be interpreted as not pro- defined by reference to its meaning in Title pearing to be a ceiling rather than a floor) viding the Court with any inherent author- I of FISA. By that reference, it includes any has proven unnecessarily restrictive or com- ity to assess compliance with the approved information concerning the identity of the plicated for the designation of the judges to minimization procedures in the foreign tar- parties to a communication or the existence, the FISA Court. geting context. substance, purport, or meaning of it. Section 109(b) amends Section 103 to allow Finally, assessing compliance with mini- The term ‘‘civil action’’ is defined to in- the FISA Court to hold a hearing or rehear- mization procedures in the foreign targeting clude a ‘‘covered civil action.’’ Thus, ‘‘cov- ing of a matter en banc, which is by all the context has historically been a responsibility ered civil actions’’ are a subset of civil ac- judges who constitute the FISA Court sit- performed by the Executive branch. This bill tions, and everything in new Title VIII that ting together. The Court may determine to preserves that responsibility by requiring is applicable generally to civil actions is also do this on its own initiative, at the request the Attorney General and the Director of Na- applicable to ‘‘covered civil actions.’’ A of the Government in any proceeding under tional Intelligence to assess compliance with ‘‘covered civil action’’ has two key elements. FISA, or at the request of a party in the few the minimization procedures on a semi-an- It is defined as a civil action filed in a fed- proceedings in which a private entity or per- nual basis. See Section 702(l)(1). Inspectors eral or state court which (1) alleges that an son may be a party, i.e., challenges to docu- General of each element of the Intelligence electronic communication service provider ment production orders under Title V, or Community are authorized to review compli- (a defined term) furnished assistance to an proceedings on the legality or enforcement ance with the adopted minimization proce- element of the intelligence community and of directives to electronic communication dures. See Section 702(l)(2). Also, the heads (2) seeks monetary or other relief from the service providers under Title VII. of each element of the Intelligence Commu- electronic communication service provider Under Section 109(b), en banc review may nity are required to conduct an annual re- related to the provision of the assistance. be ordered by a majority of the judges who view to evaluate the adequacy of the mini- Both elements must be present for the law- constitute the FISA Court upon a determina- mization procedures used by their element in suit to be a covered civil action. tion that it is necessary to secure or main- conducting a particular acquisition. See Sec- The term ‘‘person’’ (the full universe of tain uniformity of the court’s decisions or tion 702(l)(3). Conversely, the FISA Court has those protected by Section 802) is necessarily that a particular proceeding involves a ques- little, if any, historical experience with as- broader than the definition of electronic tion of exceptional importance. En banc pro- sessing compliance with minimization in the communication service provider. The aspects ceedings should be rare and in the interest of context of foreign targeting. There are sig- of Title VIII that apply to those who assist the general objective of fostering expeditious nificant differences between the scope, pur- the Government in accordance with precise, consideration of matters before the FISA pose, and means by which the acquisition of existing legal requirements apply to all who Court. foreign intelligence is conducted in the do- may be ordered to provide assistance under Section 109(c) provides authority for the mestic and foreign targeting contexts. While FISA, such as custodians of records who may entry of stays, or the entry of orders modi- the FISA Court is well-suited to assess com- be directed to produce records by the FISA fying orders entered by the FISA Court or pliance with minimization procedures in the Court under Title V of FISA or landlords the Foreign Intelligence Surveillance Court domestic context, such assessment is better who may be required to provide access under of Review, pending appeal or review in the left to the Executive branch in the foreign Title I or III of FISA, not just to electronic Supreme Court. This authority is supple- targeting context. communication service providers. mental to, and does not supersede, the spe- Section 110. Weapons of Mass Destruction cific provision in Section 702(i)(4)(B) that ac- Section 802. Procedures for Implementing Statu- quisitions under Title VII may continue dur- Section 110 amends the definitions in FISA tory Defenses ing the pendency of any rehearing en banc of foreign power and agent of a foreign power Section 802 establishes procedures for im- and appeal to the Court of Review subject to to include individuals who are not United plementing statutory defenses. Notwith- the requirement for a determination within States persons and entities not substantially standing any other provision of law, no civil 60 days under Section 702(i)(4)(C). composed of United States persons that are action may lie or be maintained in a federal Section 109(d) provides that nothing in engaged in the international proliferation of or state court against any person for pro- FISA shall be construed to reduce or con- weapons of mass destruction. Section 110 viding assistance to an element of the intel- travene the inherent authority of the FISA also adds a definition of weapon of mass de- ligence community, and shall be promptly Court to determine or enforce compliance struction to the Act that defines weapons of dismissed, if the Attorney General makes a with an order or a rule of that court or with mass destruction to cover explosive, incen- certification to the district court in which a procedure approved by it. The recognition diary, or poison gas devices that are de- the action is pending. (If an action had been in subsection (d) of the FISA Court’s inher- signed, intended to, or have the capability to commenced in state court, it would have to ent authority to determine or enforce com- cause a mass casualty incident or death, and be removed, pursuant to Section 802(g) to a pliance with a court order, rule, or procedure biological, chemical and nuclear weapons district court, where a certification under does not authorize the Court to assess com- that are designed, intended to, or have the Section 802 could be filed.) The certification pliance with the minimization procedures capability to cause illness or serious bodily must state either that the assistance was not used in the foreign targeting context. This injury to a significant number of persons. provided (Section 802(a)(5)) or, if furnished, conclusion is based upon three observations. Section 110 also makes corresponding tech- that it was provided pursuant to specific First, Section 702 contains no explicit stat- nical and conforming changes to FISA. statutory requirements (Sections 802(a)(1–4)). utory provision that authorizes the FISA TITLE II. PROTECTIONS FOR ELECTRONIC Three of these underlying requirements, Court to assess compliance with the mini- COMMUNICATION SERVICE PROVIDERS which are specifically described in Section mization procedures in the foreign targeting This title establishes a new Title VIII of 802 (Sections 802(a)(1–3)), come from existing context. If it had so desired, Congress could FISA. The title addresses liability relief for law. They include: an order of the FISA have included a specific statutory authoriza- electronic communication service providers Court directing assistance, a certification in tion like those included in Sections 105(d)(3), who have been alleged in various civil ac- writing under Sections 2511(2)(a)(ii)(B) or 304(d)(3), and 703(c)(7). In fact, there were tions to have assisted the U.S. Government 2709(b) of Title 18, or directives to electronic

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6393 communication service providers under par- electronic communication service providers gram. In addition, the Counsel of the Office ticular sections of FISA or the Protect who may have participated in the program of of Professional Responsibility of the Depart- America Act. intelligence activity involving communica- ment of Justice is directed to provide the re- The Attorney General may only make a tions authorized by the President between port of any investigation of that office relat- certification under the fourth statutory re- September 11, 2001, and January 17, 2007, the ing to the program, including any investiga- quirement, Section 802(a)(4), if the civil ac- Congress makes no statement on the legality tion of the process through which the legal tion is a covered civil action (as defined in of the program. The extension of immunity reviews of the program were conducted and Section 801(5)). To satisfy the requirements in Section 802 also reflects the Congress’s de- the substance of such reviews, to the Inspec- of Section 802(a)(4), the Attorney General termination that the electronic communica- tor General of the Department of Justice, must certify first that the assistance alleged tion service providers acted on a good faith who shall integrate the factual findings and to have been provided by the electronic com- belief that the President’s program, and conclusions of such investigation into its re- munication service provider was in connec- their assistance, was lawful. Both of these view. tion with an intelligence activity involving assertions are in accord with the statements The Inspectors General shall designate one communications that was (1) authorized by in the report of the Senate Intelligence Com- of the Senate confirmed Inspectors General the President between September 11, 2001 and mittee. S. Rep. No. 110–209, at 9. required to conduct a review to coordinate January 17, 2007 and (2) designed to detect or Section 803. Preemption of State Investigations the conduct of the reviews and the prepara- prevent a terrorist attack or preparations Section 803 addresses actions taken by a tion of the reports. The Inspectors General for one against the United States. In addi- are to submit an interim report within sixty tion, the Attorney General must also certify number of state regulatory commissions to force disclosure of information concerning days to the appropriate congressional com- that the assistance was the subject of a writ- mittees on their planned scope of review. ten request or directive, or a series of writ- cooperation by state regulated electronic communication service providers with U.S. The final report is to be completed no later ten requests or directives, from the Attorney than one year after enactment and shall be General or the head (or deputy to the head) intelligence agencies. Section 803 preempts these state actions and authorizes the submitted in unclassified form, but may in- of an element of the intelligence community clude a classified annex. to the electronic communication service pro- United States to bring suit to enforce the vider indicating that the activity was (1) au- prohibition. TITLE IV. OTHER PROVISIONS thorized by the President and (2) determined Section 804. Reporting Section 401. Severability to be lawful. The report of the Select Com- Section 804 provides for oversight of the Section 401 provides that if any provision mittee on Intelligence contained a descrip- implementation of Title VIII. On a semi- of this bill or its application is held invalid, tion of the relevant correspondence provided annual basis, the Attorney General is to pro- the validity of the remainder of the Act and to electronic communication service provide to the appropriate congressional com- its application to other persons or cir- viders (S. Rep. No. 110–209, at 9). mittees a report on any certifications made cumstances is unaffected. The district court must give effect to the under Section 802, a description of the judi- Section 402. Effective Date Attorney General’s certification unless the cial review of the certifications made under Section 402 provides that except as pro- court finds it is not supported by substantial Section 802, and any actions taken to enforce vided in the transition procedures (Section evidence provided to the court pursuant to the provisions of Section 803. 404 of the title), the amendments made by this section. In its review, the court may ex- Section 202. Technical Amendments amine any relevant court order, certifi- the bill shall take effect immediately. Section 202 amends the table of contents of cation, written request or directive sub- Section 403. Repeals the first section of FISA. mitted by the Attorney General pursuant to Section 403(a) provides for the repeal of TITLE III. REVIEW OF PREVIOUS ACTIONS subsection (b)(2) or by the parties pursuant those sections of FISA enacted as amend- to subsection (d). Title III directs the Inspectors General of ments to FISA by the Protect America Act, If the Attorney General files a declaration the Department of Justice, the Office of the except as provided otherwise in the transi- that disclosure of a certification or supple- Director of National Intelligence, the De- tion procedures of Section 404, and makes mental materials would harm national secu- partment of Defense, the National Security technical and conforming amendments. rity, the court shall review the certification Agency, and any other element of the intel- Section 403(b) provides for the sunset of and supplemental materials in camera and ligence community that participated in the the FISA Amendments Act on December 31, ex parte, which means with only the Govern- President’s surveillance program, defined in 2012, except as provided in Section 404 of the ment present. A public order following that the title to mean the intelligence activity bill. This date ensures that the amendments review shall be limited to a statement as to involving communications that was author- by the Act will be reviewed during the next whether the case is dismissed and a descrip- ized by the President during the period be- presidential administration. The subsection tion of the legal standards that govern the ginning on September 11, 2001, and ending on also makes technical and conforming amend- order, without disclosing the basis for the January 17, 2007, to complete a comprehen- ments. certification of the Attorney General. The sive review of the program with respect to Section 404. Transition Procedures purpose of this requirement is to protect the the oversight authority and responsibility of classified national security information in- each Inspector General. Section 404 establishes transition proce- volved in the identification of providers who The review is to include: (1) all of the facts dures for the Protect America Act and the assist the Government. A public order shall necessary to describe the establishment, im- Foreign Intelligence Surveillance Act not disclose whether the certification was plementation, product, and use of the prod- Amendments of 2008. based on an order, certification, or directive, uct of the program; (2) access to legal re- Subsection (a)(1) continues in effect orders, or on the ground that the electronic commu- views of the program and information about authorizations, and directives issued under nication service provider furnished no assist- the program; (3) communications with, and FISA, as amended by Section 2 of the Pro- ance. Because the district court must find participation of, individuals and entities in tect America Act, until the expiration of that the certification—including a certifi- the private sector related to the program; (4) such order, authorization or directive. cation that states that a party did not pro- interaction with the FISA Court and transi- Subsection (a)(2) sets forth the provisions vide the alleged assistance—is supported by tion to court orders related to the program; of FISA and the Protect America Act that substantial evidence in order to dismiss a and (5) any other matters identified by any continue to apply to any acquisition con- case, an order failing to dismiss a case is such Inspector General that would enable ducted under such Protect America Act only a conclusion that the substantial evi- that inspector general to complete a review order, authorization or directive. In addi- dence test has not been met. It does not indi- of the program with respect to the Inspector tion, subsection (a) clarifies the following cate whether a particular provider assisted General’s department or element. While provisions of the Protect America Act: the the government. other versions of this Inspector General protection from liability provision of sub- Subsection (d) makes clear that any plain- audit provision may have included the re- section (l) of Section 105B of FISA as added tiff or defendant in a civil action may sub- quirement that the Inspectors General re- by Section 2 of the Protect America Act; ju- mit any relevant court order, certification, view the ‘‘substance’’ of the legal reviews or risdiction of the FISA Court with respect to written request, or directive to the district opinions regarding the President’s Terrorist a directive issued pursuant to the Protect court for review and be permitted to partici- Surveillance Program, this bill expressly ex- America Act, and the Protect America Act pate in the briefing or argument of any legal cludes that language. Thus, it is not in- reporting requirements of the Attorney Gen- issue in a judicial proceeding conducted pur- tended for the Inspectors General to deter- eral and the DNI. Subsection (a) is made ef- suant to this section, to the extent that such mine or consider the legality of the Terrorist fective as of the date of enactment of the participation does not require the disclosure Surveillance Program. Protect America Act (August 5, 2007). The of classified information to such party. The The Inspectors General are directed to purpose of these clarifications and the effec- authorities of the Attorney General under work in conjunction, to the extent prac- tive date for them is to ensure that there are Section 802 are to be performed only by the ticable, with other Inspectors General reno gaps in the legal protections contained in Attorney General, the Acting Attorney Gen- quired to conduct a review, and not unneces- that act, including for authorized collection eral, or the Deputy Attorney General. sarily duplicate or delay any reviews or au- following the sunset of the Protect America In adopting the portions of Section 802 dits that have already been completed or are Act, notwithstanding that its sunset provi- that allow for liability protection for those being undertaken with respect to the pro- sion was only extended once until February

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6394 CONGRESSIONAL RECORD — SENATE July 8, 2008 16, 2008. Additionally, subsection (a)(3) fills a in good faith, have assisted the Govern- opinion and why I think it is wrong and void in the Protect America Act and applies ment in the terrorist surveillance pro- it will not stand up, but that doesn’t the use provisions of Section 106 of FISA to gram, or TSP, will receive relief. An- change the fact that at the time the collection under the Protect America Act, in other way to describe it is that we have the same manner that Section 706 does for Attorney General told these American collection under Title VII. essentially provided the district court companies, these good citizens, that it In addition, subsection (a)(7) makes clear with an appellate standard review just was lawful for them to participate and that if the Attorney General and the DNI as we did in the Senate bill. Congress they needed that help, they provided seek to replace an authorization made pursu- affirms in this legislation that the law- that help, and helped to keep our coun- ant to the Protect America Act with an au- suits will be dismissed unless the dis- try safe. We should not thank them by thorization made under Section 702, as added trict court judge determines that the slapping them with lawsuits that by this bill, they are, to the extent prac- Attorney General’s certification was ticable, to submit a certification to the FISA would not only destroy their reputa- Court at least 30 days in advance of the expi- not supported by substantial evidence tion, endanger their personnel here and ration of such authorization. The authoriza- based on the information the Attorney abroad, but potentially disclose even tions, and any directives issued pursuant to General provides to the court. The in- more of the operations of our very sen- the authorization, are to remain in effect tent of Congress is clear. The Intel- sitive electronic surveillance program. until the FISA Court issues an order with re- ligence Committee found that the com- The more the terrorists who wish to do spect to that certification. panies deserve liability protection. us harm learn about it, the better able Subsection (b) provides similar treatment They were asked by legitimate Govern- for any order of the FISA Court issued under they are to defend against it. Title VII of this bill in effect on December ment authorities to assist them in a These three amendments all seek to 31, 2012. program to keep our country safe. destroy that protection provided by Subsection (c) provides transition proce- They did it, and now they are being good corporate citizens, patriotic dures for the authorizations in effect under thanked by lawsuits designed not only Americans who are responding to a di- Section 2.5 of Executive Order 12333. Those to destroy their reputation but to de- rective of the President, approved by authorizations shall continue in effect until stroy the program. the Attorney General. the earlier of the date that authorization ex- There are several misconceptions Moving on to the first of the five pires or the date that is 90 days after the enactment of this Act. This transition provi- that were brought up in the discussions items I haven’t discussed, the first sion is particularly applicable to the transi- today. Several have said that we don’t item is the concept of prior court re- tion to FISA Court orders that will occur as know what we are granting immunity view that was included in this lan- a result of Sections 703 and 704 of FISA, as for; we shouldn’t grant it without re- guage. It is important for all of us to added by this bill. viewing the litigation; and there were understand that prior court review is Mr. BOND. Mr. President, before the 70 Members of the Senate who haven’t not prior court approval. Prior court recess I mentioned how the press even been briefed on the program. Well, approval occurs when the court ap- picked up on the similarities between the reason the Senate Select Com- proves the actual acquisition of elec- this bill and the Senate bill and how mittee on Intelligence was set up was tronic surveillance as it does in the do- they kept asking me to help find out to review some of the most important mestic FISA context. Prior court re- the big changes in the bill that no one and highly classified intelligence-gath- view, on the other hand, is limited to could find. Well, they stopped asking ering activities of the intelligence the court’s review of the Government’s me that question because they realized community. It was agreed, as we all be- certification and the targeting and there is not much that is significantly lieve very strongly, that these are very minimization procedures. The prior different, save some cosmetic fixes important tools. No. 1, they must be court review contained in this bill is that satisfied the House Democratic overseen carefully to make sure that essentially the same as it was under leadership. Since we started with a bi- the constitutional rights, the privacy the bipartisan Senate bill. However, partisan product here in the Senate, rights of American citizens, are pro- the timing has been changed to allow that means we still have a very strong tected, and at the same time, within the court to conduct its review before bipartisan bill before us. the constitutional framework, the abil- the Attorney General and the DNI au- I am very pleased that the strong li- ity of the limited authority of the in- thorize actual acquisition. ability protections the Senate bill of- telligence community to collect the in- The bottom line here is that what fered are still in place and our vital intelligence is not inhibited. That is many of us feared in prior court ap- telligence sources and intelligence what the Senate Intelligence Com- proval scenarios has been avoided. To methods will be safeguarded. I am mittee has done in reporting out this ensure that will always remain the pleased this compromise preserves the bill on a 13-to-2 vote. I am very pleased case, we have included a generous ‘‘exi- ability of the intelligence community that our colleagues showed confidence gent circumstances’’ provision offered to collect foreign intelligence quickly in us by passing this, essentially the by House Majority Leader HOYER that and in exigent circumstances without same measure, 68 to 29 in February. allows the Attorney General and the any prior court review. I am also There are some who say we don’t DNI to act immediately if intelligence pleased that the 2012 sunset—3 years even know whom we are granting im- may be lost or not timely acquired. I longer than any sunset previously of- munity to or what we are granting it thank Leader HOYER for that sugges- fered in any House bill—will give our to. Very simply, the people—the car- tion. Thus, a finding of exigent cir- intelligence collectors the certainty riers, the good citizens—who responded cumstances requires a much lower they need and the tools they use to to the request to protect our country threshold than an emergency under keep us safe. I am confident that the from terrorist acts are now being sued, traditional FISA. few changes we made to the Senate bill and some of them who didn’t even par- One of our nonnegotiables in reach- in H.R. 6304 will not diminish the intel- ticipate may be sued. They can’t say ing this agreement is that the contin- ligence community’s ability to target whether they participated. We are only ued intelligence collection would be as- terrorists overseas, and the Director of saying if the Attorney General pro- sured and uninterrupted by court pro- National Intelligence—the DNI—and vides information to be judged on an cedures and delays. It is only because the Attorney General agree. appellate standard that is not without this broad ‘‘exigent circumstances’’ ex- I will highlight for my colleagues substantial supporting evidence, then emption allows for continuous collec- five of the six main tweaks to the Sen- these companies should be dismissed, tion that I can wholeheartedly support ate bill that we find in the bill before either because they didn’t participate this nuanced version of prior court re- us, as nuanced as they may be. I say or they participated in good faith. view of the DNI and the AG authoriza- ‘‘five’’ because one of these tweaks I It does not, as I pointed out, say the tions. explained in detail before the recess. I Government cannot be sued. There are Second, we agreed to language in- trust all of my colleagues remember some who believe—and I think they are sisted upon by House Speaker PELOSI that discussion very clearly. It was wrong—that the President’s TSP was regarding an ‘‘exclusive means’’ provi- that the civil liability protection pro- unlawful. That can be litigated in the sion. I am confident that the exclusive vision was slightly modified but still court system. It is being litigated. I means provision we have agreed to will ensures that the companies who may, will discuss further Judge Walker’s not—and indeed cannot—preclude the

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6395 President from exercising his constitu- started this program. The Gang of 8, istration and the Truong case, but on a tional authority to conduct for those who may be listening and historical note, it is interesting to note warrantless foreign intelligence sur- may not be aware, consists of the Re- that when President Clinton ordered a veillance. That is the President’s arti- publican and Democratic leaders and warrantless physical search, not elec- cle II constitutional power that no second leaders in this body and the tronic eavesdropping but a more intru- statute can remove, and case law, in- other body and the Democratic and Re- sive, actual physical search of Aldrich cluding recent statements in opinions publican leaders of the House and the Ames’ residence in 1993, Congress re- by the FISA Court itself, reaffirmed Senate Intelligence Committees. I be- sponded by seeking to bolster the this. lieve these people were briefed on this President’s authority by updating I am aware, as several people have program, and I understand that advice FISA to include physical searches. discussed, of the district court’s ruling was given in that meeting that we Aldrich Ames is a U.S. citizen, prob- last week in California where, in a suit could not change the FISA statute to ably still in prison. Let’s pause and against the Government, the judge enable the collection of vital informa- think about that: President Clinton or- stated in dicta that: tion in any timely fashion; that we dered a warrantless physical search of Congress appears clearly to have intended could not wait to start listening in on an American citizen inside the United to—and did—establish the exclusive means foreign terrorists abroad, possibly plot- States, and what did Congress do? Con- for foreign intelligence surveillance activi- ting against this country, until we gress sought to assist the President in- ties to be conducted. passed it. stead of accuse him of illegal activity. Interestingly, Judge Walker ignored I think they were right. It has been It sought to help him. I would hope legislative history which acknowledged 15 months since we were told that we some of my colleagues would take a the President’s inherent constitutional needed to revise FISA. Outside of one similar approach as we did with Presi- authority. Even though it may have 6-month, 15-day patch that we elected dent Clinton before. been placed at the lowest ebb, if you to adopt last August, we have not been Third, as a part of our compromise agree with that interpretation of the able to change it. I hope a mere 15 with the House Democrats, we agreed constitutional limitations cited in the months will allow us to change it. But to replace our version of what we call Senate Intelligence Committee report the fact is, had we not had the concur- a carve-out from the definition of elec- on the Senate FISA bill, he still has rence of the Gang of 8 in the TSP, it is tronic surveillance with their defini- that authority. likely we would not be talking with tion of a carve-out which they call con- For a variety of reasons, I strongly shock and horror about 9/11, but we struction. Operationally, there is no believe Judge Walker’s decision will would be talking about other similar difference between the two approaches, not stand on appeal. As to the court’s incidents occurring in the United but we think our approach is more comments on exclusive means, there is States. forthright with the American people a fair amount of dictum standing in op- I believe with respect to the Speak- because we put our carve-out right up position to his opinion. I happen to er’s own language, conditional lan- front instead of burying it several think it is right. guage that she offered to us, it actually chapters later in title VII of FISA as For example, the FISA Court in 2002 reinforces the President’s article II au- they wanted to do. ruled In re: Sealed Case—a very impor- thority. That bill language we accepted Why did they do this? I am sure this tant decision which I urge everybody states: is not of great moment to anybody to read, if they have time—noted with If a certification . . . for assistance to ob- here, but let me say that it was clear approval the U.S. Fourth Circuit’s tain foreign intelligence information is from negotiations the other side want- holding in the Truong case that the based on statutory authority, the certified to be able to come out of the nego- President does have ‘‘inherent author- cation shall identify the specific statutory tiations and say: We wrestled the Re- ity to conduct warrantless searches to provision and shall certify that the statu- publicans back to the original defini- obtain foreign intelligence informa- tory requirements have been met. tion of ‘‘electronic surveillance’’ in the tion.’’ The obvious implication from this 1978 FISA Act, but they failed to men- The Truong case involved a U.S. per- language is if a certification is not tion they buried their carve-out deep in son in the United States, and the sur- based on statutory authority, then cit- this legislation, and it has the same ef- veillance was ordered by the Carter ad- ing statutory authority would be un- fect. ministration without getting a war- necessary. This language acknowledges They also failed to remind folks it rant. The Fourth Circuit upheld that that certifications may be based on was the original language of the 1978 action in the criminal prosecution of something other than statutory au- FISA Act that, due to technology Truong. thority; namely, the President’s inher- changes, got us into this mess in the These decisions, along with others ent constitutional authority. Further- first place. like them, were ignored by the analysis more, the DNI and Attorney General Last year, when the DNI first asked of the district court judge last week. have assured me there will not be any us to modernize FISA, he requested we At most, this exclusive means provi- operational impediments due to this create a technology-neutral definition sion only places the President at his provision. From a constitutional per- of ‘‘electronic surveillance.’’ I believed lowest ebb under the third prong of the spective, this language actually im- then and I still believe we should rede- steel seizure case analysis, which I do proved upon what we were looking at fine ‘‘electronic surveillance.’’ FISA is not accept as being valid. But if you before in the Senate. complicated enough, and we should be use that test, it still exists. What Congress is clearly saying in forthright with the American people. That is exactly where the President this language is FISA is the exclusive But some other leaders prefer for po- was when FISA was passed in 1978, and statutory means for conducting elec- litical reasons to bury construction the revised exclusive means provision tronic surveillance for intelligence pur- provisions deep within the bill instead in this bill does not change that fact. poses. of presenting an upfront, crystal-clear We should remember, however, even I am well aware that some will argue carve-out. One consequence of their ap- at its lowest ebb, the President’s au- that there is no nonstatutory or con- proach is that the same acquisition ac- thority with respect to intercepting stitutional means, but I can remember tivities the Government uses to target enemy communications is still quite a long time ago when I was in a basic non-U.S. persons overseas will trigger strong, especially when compared to constitutional law course in law school both the definition of electronic sur- the nonexistent capability of Congress that the Constitution trumps statutes. veillance in title I of FISA and the con- to engage in similar interception ac- What the Constitution gives in rights struction provision in section 7. tivities. or powers or authority cannot be Essentially, we have agreed to build It has been said that the President exterminated, eliminated, or taken out an unnecessary internal inconsistency initiated this without any congres- by statute. in statute as a political compromise. I sional notice. I was not among them at The courts have clearly said the reluctantly agreed to do this because the time, but I understand the Gang of President has that constitutional au- the DNI and the Attorney General as- 8 was thoroughly briefed before they thority. I mentioned the Carter admin- sured us that going for the carve-out

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6396 CONGRESSIONAL RECORD — SENATE July 8, 2008 now would not create any operational sunsets in fatwahs against the United The PRESIDING OFFICER. The Sen- problems for the intelligence commu- States issued by al-Qaida leaders. I ator from Missouri has used his entire nity, but we should fix this in the fu- only agreed to a 6-year sunset in the 29 minutes allocated under the pre- ture during less politically charged Senate bill as a bipartisan compromise. vious order. times. But even with a 5-year sunset, Con- Mr. SPECTER. Mr. President, I will For historical note, it should be re- gress is unlikely to take up FISA re- yield myself 5 minutes from my time membered that the American Govern- form again in the fall of a Presidential on the amendment which is scheduled ment was able to intercept radio com- election year, and I trust they will later this afternoon. munications long before we got into have the good wisdom to push the sun- The PRESIDING OFFICER. Does the this stage of the intercepts without set out longer so they don’t find them- Senator from Missouri consent to being getting court orders. They were inter- selves in an election year going questioned by the Senator from Penn- cepting overseas communications through the same drill. Regardless, sylvania? which might have been coming into the there is little operational impact. Mr. BOND. Of course. I would be hon- United States, and they followed the Remember, it is the job of the House ored. same procedure that we do now. That and Senate Intelligence Committees to The PRESIDING OFFICER. The Sen- was called the procedure of minimiza- conduct ongoing, continuing oversight ator from Pennsylvania. Mr. SPECTER. The first question I tion for innocent conversations. Just of electronic surveillance, as well as have relates to the Senator’s conten- like the case back when the radio the rest of the intelligence commu- tion that the action by the Intelligence interceptions were going forward, there nity’s programs. If we see the need to Committee is sufficient. is not, as I have said before, any evi- make changes before sunset, we will. A We know from the representations dence that we have seen that innocent sunset does not change that. made earlier today that some 70 Mem- Americans were being listened in on. In the end, I am proud to say we ac- bers of the Senate have not been The bugaboo that this gives the in- complished our collective goals of briefed on this subject, and the House telligence community the right to lis- making sure we have a bill with clear leadership has said that the majority ten in on ordinary citizens’ conversa- authorities for foreign targeting, with of the House Members have not been tions willy-nilly, without any limita- strong protections for U.S. persons, briefed on this subject. There is no tions, is absolutely false. That is why and with civil liability protection for question that a Member’s constitu- we built in the protections in the law. those providers who allegedly assisted tional authority cannot be delegated to That is why we have the layers of su- with the President’s TSP. We are in a another Member. Under the procedures pervision to make sure it does not hap- better position today than we were a of the Senate and the House but focus- pen. few months ago legislatively because ing on the Senate, which is where we Fourth, we included a provision for we not only have the Senate bill before are, the committees hear the matters, coordinated inspector general audits of us in essence all over again—and one they file reports, they make disclosure the TSP. However, the IGs will not re- that received 68 votes the last time— to the full body, and the full body then view the substance of the legal reviews but we have it before us already having acts. related to the President’s TSP. In passed the House. We know we have a The question I have for the Senator other words, they will not review bill we can send straight to the Presi- from Missouri is: How can some 70 whether the program was lawful. dent that the Attorney General and Members of the Senate be expected to I know some colleagues are saying DNI would support and the President cast an intelligent vote granting retro- the opposite in the media, but I encour- can sign into law. active immunity to a program that the age them to read the language because Should we fail to do so, there is a Senators have not been briefed on and it is accurate. It is accurate that the real danger we could fall back into the don’t know about, in light of the clear- IGs will not review whether the pro- trap we were in last summer when be- cut rule that we cannot delegate our gram was lawful. cause of the existing underlying out- constitutional responsibilities? The Senate Intelligence Committee moded FISA bill, we put the intel- Mr. BOND. Well, to reply to my already conducted an exhaustive re- ligence community out of business of friend—who served in the past on the view of the TSP and found no legal or collecting much vital intelligence dur- Intelligence Committee, I believe—that unlawful conduct. There is no need for ing a brief period, far too long, but committee was set up to handle mat- an IG audit to second-guess the bipar- brief nevertheless. ters that involved the most critical tisan determination. Numerous IGs Why is having essentially the Senate classified information. The committee have already conducted reviews, and bill with minor tweaks before us all was set up, long before I came to the several reviews are ongoing. I cannot over again a major bipartisan victory? Senate, to provide a forum, a bipar- imagine the IG finding out anything I answer: Because the Senate bill we tisan group of Senators with a very different than they already have or passed a few months ago was the deli- able staff, to go over everything that that the Intelligence Committee has cate bipartisan compromise that took was done in the intelligence commu- found for that matter. But it does months to produce. We had the bipar- nity, to oversee it, to make sure it was make for good politics in an election tisan product that increased civil li- proper, to make sure it stayed within year to say Congress mandated these ability protections more than ever be- the guidelines and to provide support reviews even if, in some cases, they fore and gave our intelligence opera- and change it where necessary. will simply be doing reviews that have tors the tools they needed to keep us Now, I have fought very strongly, already been done. To reach agree- safe. I am proud of that bipartisan bill, alongside my colleague, the chairman, ment, we reluctantly agreed to a more proud to have negotiated with the to get the full committee briefed on all redundant review on the overly taxed House to bring it back to the Senate these programs. As I have said before, intelligence community. with essentially the same position in a the terrorist surveillance program was I offer to those who want to chal- major bipartisan victory for all sides. not briefed to the full committee, it lenge the lawfulness of the President’s Mr. President, I will reserve the rest was briefed and then oversight held Terrorist Surveillance Program that of my comments in appreciation of my with eight people. This, to me, was a this bill does not block plaintiff suits colleagues. I thank the Chair, and I mistake. I believe it should have been against the Government or Govern- yield the floor. briefed to the entire committee, but ment officials. We only offer civil li- The PRESIDING OFFICER. The Sen- the members of that group of eight did ability protection for providers in the ator from Pennsylvania. know about it and were briefed about bill. The court case I mentioned earlier Mr. SPECTER. Mr. President, I ask if it. against the Government will be able to the Senator from Missouri will yield Now, I might say to my good friend, proceed unaffected by this legislation. for two questions? the Senator from Pennsylvania, that Fifth, and finally, we agreed to a 5- The PRESIDING OFFICER. The Sen- we have many important committees year sunset instead of 6 years. I don’t ator from Missouri has used his time. putting out legislation on the floor. No like sunsets. As intelligence commu- Mr. SPECTER. Will the Chair repeat person can participate in all the com- nity leaders have told us, there are no that? mittee work. No person can be involved

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6397 in every committee. So we have to limiting executive authority, where Now, what it would also do is expose take the reports, and usually on a bi- the Executive has violated the specific those companies to tremendous public partisan agreement or disagreement, mandate of the National Security Act scorn and possibly even to injury to based on what our colleagues in those of 1947 to brief all members of the In- their property or to their personnel. committees have studied, have re- telligence Committee. It hasn’t been Where they operate overseas, they viewed, and have found to be the case. done. The Congress has been ineffective might be attacked. When we started In this case, an overwhelmingly bipar- on the Foreign Intelligence Surveil- this debate, my colleague, the senior tisan majority of 13 to 2, after studying lance Act, where the Supreme Court Senator from Illinois, was talking the bill and the question for 6 months denied cert, as I said earlier today, and about how an unwarranted disclosure and engaging in about 2 solid months ducked the decision. Although from the of a question about one of the vitally of hard work, found out it was appro- dissenting opinion in the Sixth Circuit, important exchanges operating in Chi- priate to give retroactive liability pro- they could have found the requisite cago had cost billions of dollars to that tection to these companies that had standing. Now we have Chief Judge exchange. acted in good faith. Walker coming down with a 56-page When you leak out something that is We were shown the certifications and opinion last Wednesday, which does classified, when you leak out some- the authorizations that went to them, bear on the telephone case. I concede, thing that is secret, you can have a and I believe, based on my legal back- as the Senator from Missouri has said, tremendous impact, and every share- ground, that those were adequate and that the telephone companies have holder of that exchange and every sufficient for these companies to par- been good citizens. But there is a way shareholder, whether it be in your pen- ticipate. Let us remember, these were to save them harmless with the amend- sion fund or anyone else, of one of the critical times. We had just experienced ment I offered in February to sub- carriers that might be drawn out and an attack. We were being threatened stitute the Government in the shoes of drawn into court in one of these ac- with more attacks. The Government the telephone companies. tions, would lose significantly. went to some of these—not all of them Have they had problems with their Now, to answer the question put spe- but some—companies and said: Please reputation? Well, perhaps so, but they cifically by the Senator from Pennsyl- help us. You must help us. We believe can withstand that. Have they had vania, the cases against the Govern- in the committee that their actions legal expenses? Well, those can be comment are not blocked. The cases should not be punished but should be pensated by indemnity from the Gov- against the Government are not rewarded by preventing them from ernment. We are all called upon to blocked. If we are looking for a means being harassed by lawsuits. make sacrifices. My father, who served of determining the constitutionality, The legality of the program, if it is in World War I, was wounded in action. which I believe exists—he obviously to be judged, was not one for a judg- My brother served in World War II. I doesn’t believe exists. OK, we have a ment for those companies to make, but served 2 years in the Korean war, state- disagreement. He is a learned lawyer, it will be played out in Judge Walker’s side. I don’t think the telephone com- and I studied constitutional law a long and other courtrooms. panies, given their positions, as regu- time ago. We have different views. I Mr. SPECTER. Mr. President, on my lated companies, have been asked for can line up a bunch of constitutional time, which we are on, may I say, be- too much. I think it is highly unlikely law professors on my side. I am sure he fore moving to the second brief ques- they would ever have to pay a dime, can do the same. But that court can go tion, that I admire what the Senator but that could all be handled by substi- forward because a suit really is a suit from Missouri has done as vice chair- tution, so we look at a situation where against the government. man. I see his diligent work, and I we can both have this electronic sur- I think he is right when he is saying know what the Intelligence Committee veillance program continue and not he doesn’t want to hurt the companies. is involved with because I served on it give up court jurisdiction through I don’t believe any significant number for 8 years and chaired it in the 104th of Members of this body want to hurt court stripping. Congress. But when the Senator from So that brings me to my question: the employees or their shareholders of Missouri delineates even the fewer Does the Senator from Missouri now the companies that may have partici- members within the Intelligence Com- know of any case—there have been ju- pated because they were true American mittee who were briefed, it underscores risdictional issues of a variety of heroes. But if he wants to solve the my point, and that is that most Sen- sorts—but any case involving constitu- problem that he has—getting court re- ators haven’t been briefed. tional rights, which has been pending view—then there is no bar in this legis- While it is true every Senator does for more than 3 years and is in mid- lation to a suit against the Govern- not know what is in every committee ment, a Government officer, or a Gov- stream on appeal to the Court of Ap- report, at least every Senator has ac- ernment agent. peals for the Ninth Circuit—from a cess to it, and it is not a matter where Mr. SPECTER. Mr. President, on my there are secret facts and there has very learned opinion handed down by time. been no briefing of them, or where Chief Judge Walker in 2006—when the The PRESIDING OFFICER. The Sen- there has been no disclosure and they Congress has stepped in and taken the ator from Pennsylvania is advised he are called upon to vote. Significantly, case away from the courts, in a context has used all his time—13 minutes. the Senator does not deny that no Sen- where there is no other way to get a ju- Mr. SPECTER. I yield myself 3 more ator can delegate his constitutional au- dicial determination on the constitu- minutes. thority, and that is exactly what 70 tionality of this conduct? The PRESIDING OFFICER. The Sen- Mr. BOND. Mr. President, I am happy Senators will be doing. ator has 3 minutes. Let me move within my 5-minute to answer my colleague. He has stated Mr. SPECTER. On my time, Mr. time limit because time is fleeting and that the Executive has violated the President. there is a great deal to argue. laws. Not under the constitutional au- When the Senator from Missouri The PRESIDING OFFICER. The Sen- thority that I have outlined. The FISA talks about being exposed to risks or ator has used 6 minutes. There is 4 Court itself recognized what he fails to physical harm, that is happening to minutes remaining. understand; that it is not a question of American soldiers every day around Mr. SPECTER. We have here litiga- the carriers being held liable for any the world, as we know. It happened to tion which has been ongoing in the amount of money. Because I agree with my father serving in World War I. Federal court in San Francisco for sev- him, they are not going to find any- There are certain risks, physical or eral years, and a very extended opinion body liable. But what they would do, otherwise, which have to be sustained was filed on July 20 of 2006 by Chief by continuing having this out in open in a democracy doing our duty. We talk Judge Walker on the telephone case on hearing, is to disclose the most secre- about money, about costs. Dollars and the state secrets doctrine, and that tive methods and procedures used by cents don’t amount to a hill of beans case is now on appeal to the Court of our intelligence community, giving the when you are talking about constitu- Appeals for the Ninth Circuit. terrorists and those who seek to do us tional rights. Here we have a context where the harm a roadmap for getting around it When the Senator from Missouri Congress has been totally ineffective in and avoiding those intercepts. talks about the case can continue

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6398 CONGRESSIONAL RECORD — SENATE July 8, 2008 against the Government, that is a fal- AMENDMENT NO. 5066 graph (1)(D) shall be stayed by the court in lacious argument. The Government has Mr. BINGAMAN. Mr. President, I ask which the civil action is pending. the defense of governmental immunity. to call up amendment No. 5066. ‘‘(C) DATE DESCRIBED.—The date described The telephone companies do not have The PRESIDING OFFICER. The in this subparagraph is the date that is 90 days after the final report described in sec- that. clerk will report. tion 301(c)(2) of the FISA Amendments Act of I offered the amendment in February The assistant legislative clerk read 2008 is submitted to the appropriate commit- to have the Government step into the as follows: tees of Congress, as required by such sec- shoes of the telephone companies with The Senator from New Mexico [Mr. BINGA- tion.’’. no different defenses. They would have MAN], for himself, Mr. CASEY, and Mr. SPEC- Mr. BINGAMAN. Mr. President, this state secrets but no governmental im- TER, proposes an amendment numbered 5066. is an amendment cosponsored by Sen- munity. That was turned down. It is a Mr. BINGAMAN. I ask unanimous ators CASEY and SPECTER. The main very different matter to drop suits as consent that the reading of the amend- thrust of this amendment is to make a to the telephone companies. They do ment be dispensed with. point that this legislation which is cur- not have governmental immunity. It is The PRESIDING OFFICER. Without rently before us puts the cart before very different. Significantly, when objection, it is so ordered. the horse. As soon as we enact the leg- challenged for any case which has been The amendment is as follows: islation, it essentially grants tele- going on for years, with these kinds of (Purpose: To stay pending cases against cer- communications companies retroactive opinions by the Chief Judge in San tain telecommunications companies and immunity for their past actions, but Francisco and on appeal to the Court of provide that such companies may not seek then after the fact, after they have Appeals for the Ninth Circuit, for the retroactive immunity until 90 days after been granted that retroactive immu- Congress to step in and take away ju- the date the final report of the Inspectors nity, it requires that an in-depth inves- risdiction is an anathema. In the con- General on the President’s Surveillance tigation occur regarding what those ac- Program is submitted to Congress) text of congressional ineffectiveness on tivities actually were. oversight on separation of powers and Beginning on page 88, strike line 23 and all The purpose of the amendment I am that follows through page 90, line 15, and in- offering is simply to put the horse and in the context of the Supreme Court of sert the following: the United States, which, as I elabo- ‘‘(a) REQUIREMENT FOR CERTIFICATION.— the cart in the right order. I believe rated earlier today, has ducked it, the ‘‘(1) IN GENERAL.—Notwithstanding any this chart makes the case very well. only way to get this decision is to let other provision of law other than paragraph Let me just allude to this chart. the courts proceed. Congress is ineffec- (2), a civil action may not lie or be main- First, let’s look at the process for tive on curtailing executive authority. tained in a Federal or State court against dismissing lawsuits under the current That is why I think it is so important any person for providing assistance to an ele- bill, the way the bill now pends. That that we can both keep this surveillance ment of the intelligence community, and is the top line here. You can see the shall be promptly dismissed, if the Attorney first step would be to enact provisions program and at the same time protect General certifies to the district court of the constitutional rights. that would set up a procedure for the United States in which such action is pend- telecom companies to seek the retro- Mr. President, how much time do I ing that— have remaining? ‘‘(A) any assistance by that person was active immunity. The PRESIDING OFFICER. The Sen- provided pursuant to an order of the court Second, in the middle here, in ac- ator has consumed 15 minutes, so he established under section 103(a) directing cordance with the underlying provi- has 45 minutes remaining on his such assistance; sions, the pending civil cases would al- amendment. ‘‘(B) any assistance by that person was pro- most certainly be promptly dismissed Mr. SPECTER. I yield the floor. vided pursuant to a certification in writing as soon as the Attorney General makes The PRESIDING OFFICER. The Sen- under section 2511(2)(a)(ii)(B) or 2709(b) of the necessary certifications. ator from New Mexico is recognized. title 18, United States Code; Then the last step, over here at the Mr. BINGAMAN. Mr. President, ‘‘(C) any assistance by that person was pro- right—it is very difficult to read from vided pursuant to a directive under section could the Presiding Officer please indi- any distance, but the last step says, 102(a)(4), 105B(e), as added by section 2 of the ‘‘IG’s investigation and report to Con- cate what the order of sequence of Protect America Act of 2007 (Public Law 110– events is at this point? 55; 121 Stat. 553), or 702(h) directing such as- gress.’’ The last step would be inves- The PRESIDING OFFICER. The Sen- sistance; tigation about whether the companies’ ator from New Mexico is authorized to ‘‘(D) in the case of a covered civil action, participation in the President’s offer his amendment with 1 hour of de- the assistance alleged to have been provided warrantless wiretapping program was bate equally divided. by the electronic communication service lawful and whether the relevant inspec- Mr. BINGAMAN. Let me defer to my provider was— tors general can report back to Con- friend from Michigan. Let me indicate ‘‘(i) in connection with an intelligence ac- gress with their findings within a year. I will plan to use the first 15 minutes of tivity involving communications that was— That is a requirement in the bill, that ‘‘(I) authorized by the President during the the 30 minutes allocated to me to make they do that report within 1 year. period beginning on September 11, 2001, and Basically, the current bill’s approach a statement now, and then Senator ending on January 17, 2007; and CASEY from Pennsylvania will take 5 ‘‘(II) designed to detect or prevent a ter- is to grant the immunity first and in- minutes, and then Senator LEVIN from rorist attack, or activities in preparation for vestigate later, after the companies Michigan will have the remaining 10 a terrorist attack, against the United States; have already been provided with legal minutes. That is my plan. and liability protection for whatever it is I believe the Senator from Michigan ‘‘(ii) the subject of a written request or di- later determined they have been en- wanted to state a question. rective, or a series of written requests or di- gaged in. The amendment I am offering Mr. LEVIN. Mr. President, par- rectives, from the Attorney General or the would change this by modifying the liamentary inquiry. I thank my friend head of an element of the intelligence com- timing of the process that enables munity (or the deputy of such person) to the these telecom companies to seek im- from New Mexico. electronic communication service provider The PRESIDING OFFICER. The Sen- indicating that the activity was— munity, and it changes it so that the ator from Michigan is recognized. ‘‘(I) authorized by the President; and investigation of what has occurred Mr. LEVIN. Under the plan that was ‘‘(II) determined to be lawful; or would occur first. Only after that in- just stated, if 10 minutes is yielded to ‘‘(E) the person did not provide the alleged vestigation has been completed would this Senator, can the 10 minutes be assistance. we allow the immunity to be granted. used at any time this afternoon or ‘‘(2) LIMITATION ON IMPLEMENTATION.— Under the amendment—this is the must it follow immediately in sequence ‘‘(A) IN GENERAL.—The Attorney General bottom part of this chart—the first may not make a certification for any civil to either Senator CASEY or Senator step would still be to enact the legisla- action described in paragraph (1)(D) until tion establishing the procedures for BINGAMAN? after the date described in subparagraph (C). The PRESIDING OFFICER. The 10 companies to seek immunity. At the ‘‘(B) STAY OF CIVIL ACTIONS.—During the minutes would have to be used some- period beginning on the date of the enact- same time, the amendment would stay time this afternoon. ment of the FISA Amendments Act of 2008 all of the pending court cases against Mr. LEVIN. At any time this after- and ending on the date described in subpara- the telecom companies, thereby put- noon. I thank the Presiding Officer. graph (C), a civil action described in para- ting all those cases on hold. The second

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6399 step would be to allow the inspectors Congress does not affirmatively pass ability protections. Unfortunately, this general—that is, from each of these legislation within 90 days of getting amendment shows that these concerns Federal agencies that are designated in the report from the inspectors general, were justified. the statute—allow the inspectors gen- then the companies would be free to When negotiating this compromise eral to conduct their investigation and seek relief from the court. legislation with House Majority Leader to inform Congress about what they I would also like to take just a HOYER, I agreed in good faith to a lim- found. The amendment would then give minute to discuss what the amendment ited inspector general review of the Congress 90 days to review those find- would not do. The amendment is not a President’s terrorist surveillance pro- ings, after which time the companies deal breaker. The amendment would gram even though this program has could go ahead and seek dismissal of not remove or alter the substantive been reviewed up and down on a bipar- their lawsuits. So the dismissal of the provisions in the immunity title of the tisan basis by the Senate Intelligence lawsuits would be the last step and not bill. With passage of this amendment, Committee and no abuse or wrongdoing the first step and could only occur those provisions would remain intact. had been found. after the investigation was complete Personally, I am opposed to retroactive Now, in what I could only assume is and after Congress had an opportunity immunity, but the amendment I am of- a political move to undermine the crit- to review their report that has been fering does not change the substance of ical civil liability protections in this done. those provisions. bill, this amendment delays any liabil- The bill does recognize that it is im- Additionally, by staying the pending ity protection until 90 days after the portant to understand all the facts sur- lawsuits, the companies would not be inspector general review of the bill is rounding the President’s warrantless subject to the costs of litigation during completed. What is supposed to happen program. I am glad the legislation re- the development of the IG report or after that is anything but clear, but I quires that the relevant inspectors gen- while Congress reviews the report’s can only assume that will be followed eral come to Congress with a report on findings. Proceedings in these cases by yet another effort to delay liability the subject. This review will cover the would be suspended until the called-for relief. That is extraordinarily and un- establishment and implementation and report is delivered to Congress and the acceptably unfair to those providers use of the surveillance program, as well 90 days have passed. that assisted the Government in the as the participation of private telecom Some of my colleagues have ex- aftermath of the September 11 terrorist companies. pressed concerns that unless we imme- attacks. We owe them our thanks, not However, as I have discussed, the bill diately grant the telecom companies our continued partisan maneuvering. also allows the same telecom compa- retroactive immunity, they will refuse Earlier, we heard a justification for nies to immediately seek and to obtain to provide assistance in the future. I exposing these providers to public retroactive immunity for their partici- think that is unfounded. Clearly they light, having participated in a classi- pation in the program as soon as the are under an obligation to do so under fied program. The assertion was made: bill becomes law. And that is a mis- the language of this bill. It is like our troops who go abroad and take, in my view. I find it troubling Regardless of whether Senators gen- go under fire. Mr. President, as the fa- that Congress would confer immunity erally favor the legislation or are ada- ther of a son who spent 20 months in before the full extent of the companies’ mantly opposed to it; that is, the un- the last 3 years as a marine sniper in participation in the program is known. derlying legislation, I hope my col- Iraq, I can tell you that they go under Maybe these companies acted in good leagues will agree that this amendment tremendous threat and tremendous faith, as some of my colleagues have is a reasonable modification which danger. But they are extremely well argued. Maybe they did not. I don’t would, in fact, improve the bill. trained, they are extremely well sup- know, myself, what the facts are, but, Let me point out one other red her- ported, and they are extremely well like most Members of Congress who do ring that has come up. In a letter to armed. not sit on the Intelligence Committee Senate leadership dated yesterday, To say with a straight face that we or the Judiciary Committee, I received July 7, the administration urged that can subject private companies to that, very little information regarding what my amendment: private companies with American citi- actually did occur. I do know, however, . . . fails to address the risk that on-going zens working for them, and that we that their participation in an unlawful, litigation will result in the release of sen- don’t care if they are attacked when warrantless surveillance program is a sitive national security information, a risk they don’t have any protection, they serious issue. It deserves the in-depth that, if realized, could cause grave harm to don’t have any weapons, they don’t review we call for in this legislation, the national security. have any training, I think goes way too but it deserves that review before we I suggest the Attorney General and far. grant those companies blanket protec- the Director of National Intelligence That is not reasonable. Let’s not hear tion for their past actions. If we go need to read the amendment I am of- any more of that stuff, that they down this path without first con- fering. As I stated, the amendment should be put in the same position as ducting the thorough review, we may puts all of the cases on hold. There our trained military men and women very well look back with great regret. would be no ongoing activity during who go into battle accepting the risks To me, a much more sensible ap- the time that proceedings in these of battle. These people, these good proach would be to have the com- cases were stayed, so there is no activ- American citizens, did not expect to be prehensive IG report submitted to Con- ity that could create a risk of releasing under physical attack. gress before companies are allowed to sensitive information. How often are we going to tell those seek dismissal of their suits. The This is a good amendment. It would patriotic Americans we have to delay amendment would stay all of the civil improve this bill. It would make it further any halt to the lawsuits so we cases against the telecom companies. more logical and certainly improve our can ‘‘review’’ the terrorist surveillance It would allow time for the inspectors ability to understand what it is we are program? Enough is enough. Inspectors general to investigate the cir- being asked to grant immunity for. I general have very clear roles in our cumstances surrounding the Presi- urge my colleagues to support it. Government. They determine if there dent’s warrantless surveillance pro- I yield the floor. is waste, fraud, or abuse. Their review gram. It would give Congress the 90 The PRESIDING OFFICER (Mr. under title IV of this bill is essentially days to review what is found in the IG’s SANDERS). The Senator from Missouri for these purposes. They will not deter- report. is recognized. mine whether the TSP was lawful. While retaining the overall substance Mr. BOND. Mr. President, I yield my- They will not determine whether the and structure of the bill, this would self 10 minutes in opposition. providers acted in good faith. That is give Congress an opportunity, even When the inspector general audit for the court to do. though it is a brief opportunity, to at provisions were first discussed in the So exactly what purpose does it serve least review the inspectors general re- House and Senate, there was a great to delay liability relief to these compa- port before the companies would be concern that these audits would be nies? The only purpose I can think of is permitted to apply for immunity. If used to delay or deny essential civil li- to appease these liberal activists who

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6400 CONGRESSIONAL RECORD — SENATE July 8, 2008 have tried repeatedly throughout this in protecting those who provided assistance Senate Intelligence Committee recognized FISA debate to tie the hands of the in- will be invariably noted by those who may that ‘‘the intelligence community cannot ob- telligence community and punish these some day be called upon to help us again. tain the intelligence it needs without assist- Finally, by raising the prospect that the ance from these companies.’’ That com- companies with frivolous lawsuits. litigation at issue could eventually proceed, mittee also recognized that companies in the What message are we sending to all this amendment fails to address the risks future may be less willing to assist the Gov- of those private partners who help our that ongoing litigation will result in release ernment if they face the threat of private intelligence community, our military, of national security sensitive information, a lawsuits each time they are alleged to have our law enforcement community on a risk that if realized could cause grave harm provided assistance, and that the ‘‘possible daily basis far beyond the FISA con- to national security. reduction intelligence that might result text: Help us now, but we cannot guar- I reserve the remainder of my time from this delay is simply unacceptable for antee that years later you will not be on this side. I ask unanimous consent the safety of our Nation.’’ These cases have that after the Senator from Pennsyl- already been pending for years, and delaying taken to the cleaners because you did. implementation of appropriate liability pro- Is that an incentive? Is that the way vania is recognized, the chairman of tection as proposed by the amendment would we want to deal with fellow Americans the committee be recognized for 10 mean that the companies would still face the whose help we need? minutes. prospect of defending against multi-billion- I appreciate there is serious debate I ask unanimous consent that this dollar claims and would continue to suffer about whether the President has arti- letter addressed to Leader REID from from the uncertainty of pending litigation. cle II authority to conduct surveil- the DNI and the Attorney General be Indeed, the apparent purpose of the amend- printed in the RECORD. ment is to postpone a decision on whether to lance. But this is a debate that should provide liability protection at all. Such a re- not impact whether these providers, There being no objection, the material was ordered to be printed in the sult would defeat the point of the carefully who trusted their Government, who in considered and bipartisan retroactive liabil- good faith, on the word of the Attorney RECORD, as follows: ity protections in H.R. 6304—to provide for General, helped to ensure our home- JULY 7, 2008. the expeditious dismissal of the relevant land did not suffer another terrorist at- Hon. HARRY REID, cases in those circumstances in which the tack. And we think they should be Majority Leader, U.S. Senate, Hart Senate Of- Attorney General makes, and the district fice Building, Washington, DC. court reviews, the necessary certifications— treated fairly and protected. DEAR MR. LEADER: This letter presents the and could result in the very degradation in We need to remember the Senate In- views of the Administration on an amend- private cooperation that the bill was de- telligence Committee conducted an ex- ment to the Foreign Intelligence Surveil- signed to prevent. The intelligence commu- haustive review of the TSP. It found no lance Act of 1978 (‘‘FISA’’) Amendments Act nity, as well as law enforcement and home- evidence of illegal or unlawful conduct of 2008 (H.R. 6304) that was not covered in our land security agencies, continue to rely ont either by the providers or the Govern- letter of June 26, 2008. As we stated in that he voluntary cooperation and assistance of ment. We agreed on a bipartisan basis, letter, we strongly support enactment of private parties in other areas. Continued H.R. 6304, which would represent an historic ratified by the Senate, that the pro- delay in protecting those who provided as- modernization of FISA to reflect dramatic sistance after September 11 will invariably viders acted in good faith. So I do not changes in communications technology over be noted by those who may someday be see how waiting to give them the fair the last 30 years. This bill, which passed the called upon again to help the Nation. Fi- and just relief they deserve advances House of Representatives by a wide margin nally, by raising the prospect that the litiga- any goals. It is more likely, the longer of 293–129, is the result of a bipartisan effort tion at issue could eventually proceed, this these lawsuits, these frivolous lawsuits that will place the Nation’s foreign intel- amendment fails to address the risk that ongo on, that our most sensitive sources ligence effort in this area on a firm, long- going litigation will result in the release of and methods will be revealed. It be- term foundation. The bill provides our intel- sensitive national security information, a ligence professionals the tools they need to risk that, if realized, could cause grave harm comes much more likely that the pro- protect the country and protects companies to the national security. viders who helped us will refuse to do whose assistance is vital to this effort from Deferring a final decision on retroactive li- so unless we go through a lengthy proc- lawsuits for past and future cooperation with ability protection for 15 months while the In- ess to compel them. the Government. spectors General complete the review re- We went without cooperation for As we have previously noted, any FISA quired by H.R. 6304 is also unnecessary. The some time when the act expired, and it modernization bill must contain effective Senate Intelligence Committee conducted an extensive study of the issue, which included was only on the assurance of prompt legal protections for those companies sued because they are believed to have helped the the review of the relevant classified docu- action that they were able to with- government prevent terrorist attacks in the ments, numerous hearings, and testimony. stand shareholder pressure and the ad- aftermath of September 11, 2001. Liability after completing this comprehensive review, vice of lawyers not to worry. protection is the fair and just result and is the Committee determined that providers The Attorney General and the DNI necessary to ensure the continued assistance had acted in response to written requests or sent a letter on July 7. It says: of the private sector. H.R. 6304 contains such directives stating that the activities had been authorized by the President and had Any FISA modernization bill must contain protection, but the amendment addressed in this letter would unnecessarily delay imple- been determined to be lawful, and that the effective legal protection for those compa- providers ‘‘had a good faith basis’’ for re- nies sued because they’re believed to have mentation of the protections with the purpose of deferring any decision on this issue sponding to the requests for assistance they helped the Government prevent terrorist at- received. Accordingly, the Committee agreed tacks. Liability protection, a fair and just for more than a year. This amendment would reportedly foreclose an electronic commu- to the necessary legal protections on a 13–2 result, is necessary to ensure the continued vote. Similarly, the Intelligence Committee nication service provider from receiving ret- assistance of the private sector. of the House of Representatives has been ex- roactive liability protection until 90 days H.R. 6304 contains such protection, but the tensively briefed and has exercised thorough after the Inspectors General of various de- amendment addressed in this letter oversight in regard to these intelligence partments, as required by section 301 of H.R. matters. We also have made extraordinarily Essentially the Bingaman amend- 6304, complete a comprehensive review of, ment— sensitive information available to the Judi- and submit a final report on, communica- ciary Committees of both the Senate and would unnecessarily delay implementation tions intelligence activities authorized by House. of the protections with the purpose of defer- the President between September 11, 2001, The Senate passed a prior version (S. 2248) ring any decision on this issue for more than and January 17, 2007. The final report is not of the current pending bill, which included a year. due for a year after the enactment of the retroactive liability protection, by a vote of Accordingly, we as well as the President’s bill. Any amendment that would delay im- 68–29. Both Houses of Congress, by wide bi- other senior advisors will recommend that plementation of the liability protections in partisan margins, have now made the judg- the President veto any bill that includes this manner is unacceptable. Providing ment that retroactive liability protection is such an amendment. The Intelligence Com- prompt liability protection is critical to the the appropriate and fair result. The Congress mittee has recognized the intelligence com- national security. Accordingly, we, as well has been considering this issue for over two munity cannot obtain intelligence it needs as the President’s other senior advisors, will years and conducted extensive oversight in without assistance from these companies. We recommend that the President veto any bill this area. During this period, we have em- recognize that the companies in the future that includes such an amendment. phasized the critical nature of private sector may be less willing to assist the Government Continuing to deny appropriate protection cooperation in protecting our national secu- if they face the threat of lawsuits, and we to private parties that cooperated in good rity and the difficulties of obtaining such co- know that a delay could result in the very faith with the Government in the aftermath operation while issues of liability protection degradation and the cooperation that this of the attacks of September 11 has negative remained unresolved. Further delay will bill was designed to provide. Continued delay consequences for our national security. The damage our intelligence capabilities.

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6401 Thank you for the opportunity to present from New Mexico, Senator BINGAMAN, Now, I appreciate the Senator’s de- our views on this crucial bill. We reiterate did an excellent job of outlining his sire to have more information out our sincere appreciation to the Congress for amendment. I will skip much of what I there. But I want the Senator to con- working with us on H.R. 6304, a long-term was going to read in my statement. template, and the Senate as a whole to FISA modernization bill that will strengthen the Nation’s intelligence capabilities while Basically, what we are talking about contemplate, what we are asking. We protecting the liberties of Americans. We is a time out. We are giving the Con- are talking about a year for the inspec- strongly support its prompt passage. gress the opportunity to review the in- tors general to complete their reports. Sincerely, spectors general report before the Con- Does it really work that way? Is it MICHAEL B. MUKASEY, gress chooses to authorize limited im- really a flat year? Are we going to send Attorney General. munity for the telecom firms. out Federal marshals to have them all J.M. MCCONNELL, It is actually very simple. Basically, do their reports on the exact day? Director of National what we are saying is, the amendment Probably it will stretch a little bit. Intelligence. simply allows the Congress to say: Maybe it will not; maybe it will. The PRESIDING OFFICER. The Sen- Wait a minute. Hold on. We should But you cannot assume it will not. ator from New Mexico. take a deep breath before we decide to Then you have to add on 90 days. Then Mr. BINGAMAN. Mr. President, is authorize a Federal district court to you can get to the question of the im- there any time remaining on the 15 grant telecom firms legal immunity for munity. I am really baffled by that be- minutes that I had set aside? their actions related to the administra- cause what it, in effect, says is, we are The PRESIDING OFFICER. The Sen- tion’s warrantless surveillance pro- almost certainly going to be going ator has 6 minutes remaining. through a period of something, which I Mr. BINGAMAN. I ask the Senator gram. have not heard discussed today during from Pennsylvania that I use two of Let’s figure out what this program this entire debate, and that is the ac- those to respond to this latest state- entailed. Let’s figure out what hap- tual collection of intelligence that in- ment. Then I will defer to him for his pened. Let’s figure out what the volves highly classified material of a statement. telecom firms actually did, what they Mr. President, I want to respond to actually did when it came to wire- foreboding nature for a long period of the statement by the Senator from tapping and surveillance. time until the Senator from New Mex- Missouri about what all of the reports So under this amendment, the pend- ico and/or the Senate can be convinced from the inspectors general would es- ing lawsuits would remain stayed while that it is worthwhile to give immunity sentially deal with. I believe he said the inspectors general complete their or to understand this program. Now, I want to make an even more waste, fraud, and abuse, which is sort report. If the firms did nothing wrong, basic point: By inserting this amend- of the general purview of inspectors as they have proclaimed, they will be ment, requesting this amendment be general. vindicated by the final inspectors gen- That is not my understanding. I un- eral report. Then the Congress will passed, I hope the good Senator does derstand the inspectors general have have the confidence to grant these understand that he is undoing a very been asked to essentially do a review of firms the immunity for which they carefully calibrated compromise be- this. ask. tween the Senate-passed bill and the So I think many Members of this House-passed bill that is on title II, The Inspectors General of the Department of Justice, the Office of the Director of Na- body would have buyer’s remorse if taking months and months of negotia- tional Intelligence, the National Security they voted for limited immunity with- tions to get to the point where Speaker Agency, the Department of Defense, and any out the understanding of what the PELOSI, for example, who was violently other elements of the intelligence commu- President’s surveillance program did against the bill, and title II in par- nity that participated in the President’s sur- and did not do. This amendment would ticular, and STENEY HOYER, who was veillance program— prevent that buyer’s remorse by allow- very much against title II, the immu- Shall all work together to do a report ing the Congress to better understand nity portion of the bill, where they which will look into— the conduct of the telecommunications could say, on the floor of the House: We all of the facts necessary to describe the es- firms before we decide to grant sweep- think sufficient progress has been tablishment, implementation, product, and ing legal immunity for such conduct. made in the negotiations that we will use of the product of the Program; I encourage my colleagues, all Mem- vote for this bill, which the House did access to legal reviews of the Program and bers of the Senate, to vote for this by about 70 percent. access to information about the Program; communications with, and participation amendment. It strikes the right bal- Now, that is going from the House of, individuals and entities in the private ance. It is about accountability. It is not even considering title II. I mean, sector related to the Program; also about the rule of law. It is a rea- they considered and rejected it. It was interaction with the Foreign Intelligence sonable balance to strike on very im- a sea change. Surveillance Court and transition to court portant issues, the issues of security It was a sea change, and one has to orders related to the Program; and and how we are going to implement have been there to see how the change any other matters identified by any such took place, the good faith bargaining Inspector General that would enable that In- any kind of program which involves spector General to complete a review of the wiretapping and surveillance. on the part of Vice Chairman BOND, Program with respect to such Department of The PRESIDING OFFICER. The Sen- myself, our mutual staffs, working element. ator from West Virginia is recognized. with the DNI and others, long hours I believe the review we are talking Mr. ROCKEFELLER. Mr. President, I and long days with which we have ar- about here, and that we are legislating ask Senator BOND, the vice chairman of rived at something which, if we pass or proposing to legislate, is intended to the committee, to yield me 10 or 11, po- this today, will go to the President to tell the Congress and tell anybody who tentially even 12 minutes. be signed. If we accept this amendment reads the report what this program Mr. BOND. I make a very generous or, for that matter, accept the Specter consisted of. That is information we do allotment of 12 minutes. If he needs amendment that follows, it will have not have today. And it is entirely ap- more, I am anxious to hear what he has to go back to the House, which will not propriate that we get that report be- to say. take it up, which will not consider it, fore we grant immunity. Mr. ROCKEFELLER. I appreciate my which will undo everything, and there That is the thrust of my amendment, colleague yielding me time. will be no bill. I hope all of my colleagues will support Mr. President, Senator BINGAMAN, Is that important? Yes, it is. Why is it. I appreciate my colleague from who I greatly respect in all ways, has it important? Because the chance of Pennsylvania yielding me additional offered an amendment altering the li- not being able to collect on extremely time to speak in response. ability protections of title II. That is foreboding matters around this world I yield the floor. it. His amendment would postpone the will come to a halt, either because the The PRESIDING OFFICER. The Sen- implementation of the liability provi- PATRIOT Act terms have expired or ator from Pennsylvania. sions of the bill until 90 days after the because the companies will withdraw Mr. CASEY. Mr. President, I have submission of the final report of the in- in disgust. In any event, the bill would limited time, and I know my colleague spectors general required under title II. be vetoed, as the vice chairman said.

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6402 CONGRESSIONAL RECORD — SENATE July 8, 2008 So it would be the end of the bill. facts that might be releasable if the has been available not only to all Sen- Therefore, I oppose this amendment. litigation were resolved might be held ators—here it is, I have labeled it, As I will say about each of these back, if the Government anticipated a pages 8 through 12, right here—but to amendments—well, I just did—it continuing need to assert the State se- the general public as well. undoes everything that has been done crets privilege in litigation, which it I ask unanimous consent that that for the purpose of making a perfecting would. portion be printed in the RECORD. amendment to satisfy a particular need It is also important to note that this There being no objection, the mate- of a particular Senator. I also must op- amendment, if it were to pass, the li- rial was ordered to be printed in the pose this amendment because there is ability protection provisions that the RECORD, as follows: no reason for delaying the liability pro- Senator is trying to get at would not TITLE II OF THE FISA AMENDMENTS ACT OF tection provisions. There is not a suffi- go away. In other words, if his amend- 2007 cient reason. It is true the Select Com- ment passed and we took this long Title II of this bill reflects the Commit- mittee struggled to get access to de- delay, nothing would affect the tee’s belief that there is a strong national in- tails about the President’s surveillance progress of the liability legislation and terest in addressing the extent to which the program for many months, but in the that possibility. So it is an amendment burden of litigation over the legality of surveillance should fall on private parties. end we succeeded. We went from maybe which doesn’t accomplish anything. eight, more likely four, sometimes six, Based on a review of both current immunity The provisions would still go into ef- provisions and historical information on the to all four committees in the House fect after 90 days, unless new legisla- President’s program, the Committee identi- and the Senate, Judiciary and Intel- tion is passed. Let’s hope that doesn’t fied three issues relating to the exposure of ligence. We heard the necessary testi- happen. The new Congress, thus, might electronic communication service providers mony. We went to the EOP. We read all be launched into a contentious debate to liability that needed to be addressed in the documents, and our chiefs of staff next summer, instead of working with this bill. First, the Committee considered the expo- were allowed to do the same thing. We the new President on a new agenda. read the legal reasoning used to justify sure to liability of providers who allegedly That is the point of the Cardin amend- participated in the President’s surveillance within the executive branch and the ment, that the date was changed to De- program. Second, the Committee considered role of the private sector. We did all of cember 2012, so that the next Presi- the absence, in current law, of a procedural that, not only our committee but also dent, whoever it might be—it is very mechanism that would give courts an appro- the House Intelligence Committee, and close—will have a chance to review and priate role in assessing statutory immunity both Judiciary Committees spent con- perhaps act upon what we have done provisions that would otherwise be subject siderable time looking at this issue. I here in the next term, which is good. I to the state secrets privilege. Third, the am satisfied we have a basis for taking Committee sought to clarify the role of state urge defeat of the amendment. public utility commissions in regulating action now. I have one more thing to say, with On national security grounds, we electronic communication service providers’ the indulgence of my colleague. The relationships with the intelligence commu- have to, in my judgment. We haven’t senior Senator from Pennsylvania and nity. The Committee addressed these three talked about that today. We have I were engaged in earlier debate over issues, respectively, in sections 202, 203, and talked about refined points of constitu- the access Senators have had, both 204 of the bill. tional niceties and all the rest of it. I with myself and with the vice chair- RETROACTIVE IMMUNITY don’t denigrate that, but there is some- man, to the Government letter sent to Sections 201 and 202 of the bill provide fo- thing called the protection of the Na- the telecommunications companies recused retroactive immunity for electronic tion. I take that very seriously. I take questing their cooperation during the communication service providers that were that very, very seriously. So a form of period of 9/11 to January of 2007. The alleged to have cooperated with the intelligence community in implementing the liability protection has passed the Sen- Senator from Pennsylvania lamented ate and the House of Representatives a President’s surveillance program. Only civil the fact that these documents were lawsuits against electronic communication total of three times, once in the Senate kept to only the members of the Intel- service providers alleged to have assisted the and twice in the House. We should not ligence and Judiciary Committees and Government are covered under the provision. now reverse these actions by passing not shared with the full Senate. The Committee does not intend for this sec- the provisions of suspension. I share the view of the Senator that tion to apply to, or in any way affect, pend- Let me be clear. I strongly support these documents should be viewed by ing or future suits against the Government the requirement in this bill for a com- all Senators, and I have advocated this as to the legality of the President’s program. Section 202 was narrowly drafted to apply prehensive review of the President’s very position to senior officials of the surveillance program by the inspectors only to a specific intelligence program. Sec- Bush administration for many months. tion 202 therefore provides immunity for an general. They will be very tough and But recognizing the administration’s intelligence activity involving communica- very thorough and embarrass a lot of unwillingness to extend this access, the tions that was designed to detect or prevent people. A report on their general re- Senate Intelligence Committee did the a terrorist attack, or activities in prepara- view is one of the best ways to inform next best thing. We were able to get de- tion for a terrorist attack, that was author- the American people about the facts. classified the relevant facts upon which ized in the period between September 11, 2001 Litigation is an imperfect mechanism the committee and, ultimately, the full and January 17, 2007, and that was described in written requests to the electronic commu- to bring facts to the public, rather a Senate reached the judgment that a terrible mechanism, because of some- nication service provider as authorized by narrowly drawn immunity bill remedy the President and determined to be lawful. thing called the State secrets privilege might be appropriate. The extension of immunity in section 202 which is involved, which means the For the record, our committee re- reflects the Committee’s determination that people can’t know anything, that a lot port, 110–209, accompanying S. 2248, the electronic communication service providers of people dealing with the court can’t FISA amendments—— acted on a good faith belief that the Presi- know anything, that the companies The PRESIDING OFFICER. The time dent’s program, and their assistance, was can’t know anything. It is a closedown. of the Senator has expired. lawful. The Committee’s decision to include People have to understand that. It is Mr. ROCKEFELLER. I ask unani- liability relief for providers was based in sig- not an open court. You are not getting nificant part on its examination of the writ- mous consent for 1 additional minute. ten communications from U.S. Government a traffic ticket. It is a highly complex, The PRESIDING OFFICER. Without officials to certain providers. The Committee nuanced matter which is rigidly guard- objection, it is so ordered. also considered the testimony of relevant ed by rules. You could argue the rules, Mr. ROCKEFELLER. And dated Oc- participants in the program. but there they are. Unfortunately, if tober 26, 2007, includes a lengthy de- The details of the President’s program are this amendment passes, the fact that classified explanation of the commit- highly classified. As with other intelligence litigation is still pending may have the tee’s review and conclusions as well as matters, the identities of persons or entities effect of limiting the amount of infor- a description of the representations who provide assistance to the U.S. Govern- ment are protected as vital sources and mation that will be released to the made by the Government in the letters methods of intelligence. But it reveals no se- public in the report of the inspectors sent to the companies during the pe- crets to say—as the Foreign Intelligence general, the opposite of what the dis- riod of time covered by the bill. So for Surveillance Act, this bill, and Title 18 of the tinguished Senator wants. Certain the past 8 months, this public report U.S. Code all make clear—that electronic

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6403 surveillance for law enforcement and intel- security activities. Indeed, the intelligence order is required by law, that all statutory ligence purposes depends in great part on the community cannot obtain the intelligence it requirements have been met, and that the cooperation of the private companies that needs without assistance from these compa- specific assistance is required.’’ See 18 U.S.C. operate the Nation’s telecommunication sys- nies. Given the scope of the civil damages 2511(2)(a)(ii). Current law therefore envisions tem. suits, and the current spotlight associated that wire and electronic communication It would be inappropriate to disclose the with providing any assistance to the intel- service providers will play a lawful role in names of the electronic communication serv- ligence community, the Committee was con- the Government’s conduct of electronic sur- ice providers from which assistance was cerned that, without retroactive immunity, veillance. sought, the activities in which the Govern- the private sector might be unwilling to co- Section 2511(2)(a)(ii) protects these pro- ment was engaged or in which providers as- operate with lawful Government requests in viders from suit as long as their actions are sisted, or the details regarding any such as- the future without unnecessary court inconsistent with statutory authorizations. sistance. The Committee can say, however, volvement and protracted litigation. The Once electronic communication service pro- that beginning soon after September 11, 2001, possible reduction in intelligence that might viders have a court order or certification, the Executive branch provided written re- result from this delay is simply unacceptable ‘‘no cause of action shall lie in any court quests or directives to U.S. electronic com- for the safety of out Nation. against any provider of wire or electronic munication service providers to obtain their At the same time, the Committee recog- communication service . . . for providing in- assistance with communications intelligence nized that providers play an essential role in formation, facilities, or assistance in accord- activities that had been authorized by the ensuring that the Government complies with ance with the terms of a court order, statu- President. statutory requirements before collecting in- tory authorization, or certification under The Committee has reviewed all of the rel- formation that may impact the privacy in- this chapter.’’ Id. The Protect America Act evant correspondence. The letters were pro- terests of U.S. citizens. Because the Govern- and Title I of this bill provide similar protec- vided to electronic communication service ment necessarily seeks access to commu- tions from suit for providing information or providers at regular intervals. All of the let- nications through the private sector, pro- assistance in accordance with statutory di- ters stated that the activities had been au- viders have the unparalleled ability to insist rectives. All of these immunity provisions thorized by the President. All of the letters on receiving appropriate statutory docu- are designed to ensure that wire and elec- also stated that the activities had been de- mentation before agreeing to provide any as- tronic communication service providers as- termined to be lawful by the Attorney Gen- sistance to the Government. sist the Government with electronic surveil- eral, except for one letter that covered a pe- The Committee sought to maintain the lance activities when necessary, and recog- riod of less than sixty days. That letter, balance between these factors by providing nize the good faith of those providers who as- which like all the others stated that the ac- retroactive immunity that is limited in sist the Government in accordance with the tivities had been authorized by the Presi- scope. The provision of retroactive immu- statutory scheme. To the extent that any existing immunity dent, stated that the activities had been de- nity was intended to encourage electronic provisions are applicable, however, providers termined to be lawful by the Counsel to the communication service providers who acted have not been able to benefit from the provi- President. in good faith in the particular set of cir- sions in the civil cases that are currently The historical context of requests or direc- cumstances at issue to cooperate with the pending. Because the Government has tives for assistance was also relevant to the Government when provided with lawful re- claimed the state secrets privilege over the Committee’s determination that electronic quests in the future. Restricting that immu- question of whether any particular provider communication service providers acted in nity to discrete past activities avoids dis- furnished assistance to the Government, an good faith. The Committee considered both rupting the balance of incentives for elec- electronic communication service provider the extraordinary nature of the time period tronic communication service providers to who cooperated with the Government pursu- following the terrorist attacks of September require compliance with statutory require- ant to a valid court order or certification 11, 2001, and the fact that the expressed pur- ments in the future. Under this bill and ex- cannot prove it is entitled to immunity pose of the program was to ‘‘detect and pre- isting statutory provisions, providers will under section 2511(2)(a)(ii) without disclosing vent the next terrorist attack’’ in making its only be entitled to protection from suit for the information deemed privileged by the assessment. their future activities if they ensure that Executive branch. Thus, electronic commu- On the basis of the representations in the their assistance is conducted in accordance nication providers are prohibited from seek- communications to providers, the Com- with statutory requirements. mittee concluded that the providers, in the The Committee believes that adherence to ing immunity under section 2511(2)(a)(ii) for unique historical circumstances of the after- precise, existing statutory forms is greatly any assistance they may have provided to math of September 11, 2001, had a good faith preferred. This preference is reflected in sec- the intelligence community, with the ap- basis for responding to the requests for as- tion 203 of the bill, which establishes proce- proval of the FISA Court, after January 17, sistance they received. Section 202 makes no dures by which civil actions against those 2007. Providers who did not assist the Gov- assessment about the legality of the Presi- who assist the Government shall be dis- ernment are similarly unable to extract dent’s program. It simply recognizes that, in missed upon a certification by the Attorney themselves from ongoing litigation, because the specific historical circumstances here, if General that any assistance had been pro- the assertion of the state secrets privilege the private sector relied on written represen- vided pursuant to a court order or a statu- makes it impossible for them to demonstrate tations that high-level Government officials torily-prescribed certification or directive. their lack of involvement. By addressing the situation in which an had assessed the program to be legal, they The action the Committee proposes for entity is prohibited from taking advantage acted in good faith and should be entitled to claims arising out of the President’s proof existing immunity provisions because of protection from civil suit. gram should be understood by the Executive Government restrictions on disclosure of the The requirements of section 202 reflect the branch and providers as a one-time response information, Section 203 seeks to ensure that Committee’s determination that cases to an unparalleled national experience in the existing immunity provisions have their in- should only be dismissed when providers midst of which representations were made tended effect. The Committee also intends to acted in good faith. Section 202 applies only that assistance to the Government was au- reassure providers that as long as their as- to assistance provided by electronics com- thorized and lawful. munication service providers pursuant to a sistance to the Government is conducted in ‘‘written request or directive from the Attor- PROCEDURES FOR IMPLEMENTING STATUTORY accordance with statutory requirements, ney General or the head of an element of the DEFENSES they will be protected from civil liability intelligence community. . . that the pro- Section 203 of this bill provides a procedure and the burden of further litigation. gram was authorized by the President and that can be used in the future to seek dis- The procedure in section 203 allows a court determined to be lawful.’’ missal of a suit when a defendant either pro- to review a certification as to whether an in- Section 202 also preserves an important vided assistance pursuant to a lawful statu- dividual either assisted the Government pur- role for the courts. Although the bill reflects tory requirement, or did not provide assist- suant to a lawful statutory requirement or the Committee’s determination that, if the ance. This section, a new section 802 of FISA, did not assist the Government, even when requirements of section 202 are met, the pro- reflects the Committee’s recognition that public disclosure of such facts would harm vider acted in good faith, the section allows the identities of persons or entities who pro- the national security. Because an assertion judicial review of whether the Attorney Gen- vide assistance to the intelligence commu- of state secrets over the same facts would eral has abused the discretion provided by nity are properly protected as sources and likely prevent all judicial review over wheth- statute in certifying that a provider either methods of intelligence. er, and under what authorities, an individual furnished no assistance or cooperated with Under the existing statutory scheme, wire assisted the Government, this provision the Government under the terms referenced or electronic communication providers are serves to expand judicial review to an area in the section. authorized to provide information and assist- that may have been previously non-justici- In determining whether to provide retro- ance to persons with authority to conduct able. In addition, the statute explicitly al- active immunity, the Committee weighed electronic surveillance if the providers have lows the court to review for abuse of discre- the incentives such immunity would provide. been provided with (1) a court order directing tion the Attorney General’s certification As described above, electronic communica- the assistance, or (2) a certification in writ- that a person either did not assist the Gov- tion service providers play an important role ing signed by the Attorney General or cer- ernment or cooperated with the Government in assisting intelligence officials in national tain other officers that ‘‘no warrant or court pursuant, to statutory requirements.

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PREEMPTION section 102(c), which performs a useful but surveillance outside of FISA or the U.S. Section 204 of the bill preempts state in- distinctly minor role in the overall exclu- criminal code is committing a criminal of- vestigations or required disclosure of infor- sivity section. fense. Given this statutory requirement, the mation about the relationship between indi- Section 102(c) adds a detail to the section Attorney General cannot lawfully certify vidual electronic communication service of the U.S. criminal code (18 USC 2511), that electronic surveillance outside of FISA providers and the intelligence community. which gives immunity from suit to compa- satisfies ‘‘all statutory requirements,’’ as is The provision reflects the Committee’s view nies who have received a certification from required and will continue to be required for that, although states play an important role the Attorney General. It requires the Gov- a certification in section 2511 of title 18. in regulating electronic communication ernment to identify in the certification the Whether or not the President has constitu- service providers, they should not be in- specific statutory provision that authorizes tional authority to conduct surveillance— the company’s assistance ‘‘if a certification volved in regulating the relationship be- and there is widespread disagreement here . . . for assistance to obtain foreign intel- tween electronic communication service pro- on that point—the language of section 102(c) ligence information is based on statutory au- viders and the intelligence community. simply cannot be read to recognize any authority.’’ thority to conduct electronic surveillance Mr. ROCKEFELLER. I hope very Several colleagues have suggested, or at that is inconsistent with FISA. least strongly intimated, that this language much that the Senator’s amendment ASSESSMENT OF COMPLIANCE will be defeated. I thank the Chair. acknowledges the President’s constitutional authority to conduct warrantless surveil- In debate on the bill, the question has been Mr. BOND. I suggest the absence of a raised whether the decision not to include in quorum and ask unanimous consent lance of the kind involved in the President’s Terrorism Surveillance Program. Any such the final compromise a provision specifically that the time be charged equally to argument is inconsistent with both the lan- addressing the authority of the FISA court both sides. guage of the provision and the intent of its to assess compliance with minimization pro- The PRESIDING OFFICER. Without drafters. cedures in section 702 represents a deter- objection, it is so ordered. To understand the purpose of section mination that the court should not have that The clerk will call the roll. 102(c), we need to look at the course of nego- authority. tiations about it. In its proposed amendment Minimization procedures are specific pro- The legislative clerk proceeded to cedures that are reasonably designed to min- call the roll. to our Intelligence Committee bill, the Sen- ate Judiciary Committee recommended the imize acquisition and retention, and prohibit Mr. ROCKEFELLER. I ask unani- following language: ‘‘A certification . . . for dissemination, of nonpublic information con- mous consent that the order for the assistance to obtain foreign intelligence in- cerning United States persons consistent quorum call be rescinded. formation shall identify the specific provi- with the need to obtain, produce, and dis- The PRESIDING OFFICER. Without sion of the Foreign Intelligence Surveillance seminate foreign intelligence information. objection, it is so ordered. Act of 1978 . . . that provides an exception Compliance with them is central to the pro- Mr. ROCKEFELLER. Mr. President, from providing a court order, and shall cer- tection of the privacy of Americans. The Protect America Act failed to provide for with the goodwill of the vice chairman, tify that the statutory requirements of such provision have been met.’’ court review and approval of minimization he has granted me a couple of moments As the Judiciary Committee pointed out in procedures. This bill corrects that omission. to enter a couple documents in the its report, this language responded to the The PAA also failed to provide for rules on RECORD. We have had several good days need of providers to have clarity regarding the use of information acquired under it. of debate or good hours of debate on the legality of their actions and entitlement This bill corrects that omission by making the FISA bill going back to before the to immunity. section 106 of FISA applicable to collection recess. I guess that would be several After the Judiciary Committee sequen- under its foreign targeting provisions. That tially reported our bill, there were extensive months. In the course of a discussion of section explicitly mandates that federal em- discussions with the administration about ployees may only use or disclose information a bill as lengthy and complex as this, this language. In the course of those discus- concerning U.S. persons in accordance with several arguments have been made that sions, the Department of Justice noted that required minimization procedures. warrant response, but there isn’t al- FISA, as drafted in 1978, was only intended Although section 702 does not have a provi- ways time to give the response. In the to regulate particular activities, those that sion that mandates compliance reviews, as interest of establishing an accurate constitute ‘‘electronic surveillance,’’ a term the original House bill contained, the bill be- legislative history to accompany the that is carefully defined in FISA. Indeed, the fore us today recognizes the authority of the nuance in FISA’s definition of electronic bill, as manager of the bill, I ask unan- FISA court to assess compliance with the surveillance, as well as its very detailed pa- procedures that it has approved. The courts imous consent to print in the RECORD a rameters, led us to decide not to alter the of the United States are not advisory bodies. statement providing such clarifications definition of electronic surveillance in FISA All of them, including the FISA court, have and corrections. in this compromise bill. Activities that do the inherent authority of any other court There being no objection, the mate- not constitute electronic surveillance within that exercises the judicial power of the rial was ordered to be printed in the the meaning of FISA, or the interception of United States to ensure that the parties be- RECORD, as follows: domestic wire, oral or electronic commu- fore them are complying with their orders nications, were not restricted by FISA’s and the procedures they approve. H.R. 6304, FISA AMENDMENTS ACT OF 2008, original exclusivity provision and the same An amendment to the original bill that RESPONSE TO VARIOUS POINTS IN PRE-RE- will be true under this bill. Thus, theoreti- was offered by Senator Whitehouse, who had CESS DEBATE, JULY 8, 2008 cally there may be activities that fall out- strongly advocated on the Senate floor in Mr. President, prior to the recess, we had side of the statute’s restrictions but are not support of judicial review of compliance with several good days of debate on the FISA bill. subject to an explicit statutory ‘‘exception minimization procedures, makes the Inevitably, in the course of discussion of a from providing a court order,’’ as that term Congress’s recognition of this inherent court bill as lengthy and detailed as this, several was used in the Judiciary Committee amend- authority clear. That language, which the arguments have been made that warrant a ment. Senate adopted by unanimous consent and response in the interest of an accurate legis- These discussions led to the language in which is section 109(d) in the final bill, spe- lative history. As a manager of the bill, I the current bill, which was included as part cifically states that no provision of FISA would like to take a few moments to clear up of Senator Feinstein’s exclusive means will be construed to reduce or contravene the several matters. amendment in the original Senate debate in inherent authority of the FISA court ‘‘to de- February. The amendment was intended to EXCLUSIVITY termine or enforce compliance with an order ensure that the provider has as much infor- or rule of such court, or with a procedure ap- Sections 102(a) and (b) are the bill’s main mation as possible, while still recognizing exclusivity provisions. Section 102(a) proved by such court.’’ that, going back to the birth of FISA, activi- The decision in negotiating the com- strengthens present exclusivity law by pro- ties may be conducted side-by-side with viding, in a new section 112 of FISA, that promise of this bill not to include in section FISA, although not under the authority of 702 a separate provision for minimization only an express statutory authorization for FISA, if they do not fall within FISA’s defi- electronic surveillance or the interception of compliance reviews by the court, should be nition of electronic surveillance. understood, as we understood in the Senate domestic communications shall constitute Section 102(c) was not intended to permit, when considering Senator Whitehouse’s an exclusive means in addition to specifi- and its language would not permit, any ac- amendment, to represent satisfaction that cally listed statutes. Section 102(b) amends tivities that would violate the main parts of the amendment adequately recognizes the section 109 of FISA, the Act’s key criminal the exclusive means provision, whatever the authority of the FISA court to assess com- offense provision, so that the criminal of- legal justification. Any suggestion that Con- pliance. fense and the exclusivity provision dovetail gress would take away in a conforming exactly. amendment the central achievement of the EXIGENT CIRCUMSTANCES These main parts of section 102 are well overall exclusivity section makes no sense. The next issue that deserves clarification understood. There has been some confusion, Indeed, the bill makes it painstakingly is the exigent circumstances exception to however, about a conforming amendment in clear: any person who engages in electronic prior court approval. The bill requires the

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6405 Government to obtain prior court approval lost or not timely acquired. Such exigent cir- Mr. President, I ask unanimous con- of targeting and minimization procedures be- cumstances could arise in certain cir- sent to have printed in the RECORD Mr. fore beginning collection under the new pro- cumstances where an unexpected gap has Halperin’s op-ed in support of the bill cedures. There is one exception to this re- opened in our intelligence collection ef- quirement: in exigent circumstances, the At- forts.’’ as it appeared in today’s New York torney General and Director of National In- The recognition that the ‘‘exigent cir- Times. telligence may authorize collection to begin cumstances’’ provision is an ‘‘exception’’ to There being no objection, the mate- immediately. prior court approval that it is applicable to rial was ordered to be printed in the In section 702(c)(2), the bill describes an ex- ‘‘changing circumstances’’ and ‘‘unexpected RECORD, as follows: igent circumstances determination to be ‘‘a gaps,’’ when considered in the light of the [From the New York Times, July 8, 2008] determination by the Attorney General and text and structure of section 702 and the or- LISTENING TO COMPROMISE the Director of National Intelligence that ex- dinary meaning of ‘‘exigent,’’ all convey, as igent circumstances exist because, without I believe, that this authority should be used (By Morton H. Halperin) immediate implementation of an authoriza- only rarely, when urgent and unexpected ac- Two years ago, I stated my belief that the tion under subsection (a) [of section 702], in- tion is truly required. Bush administration’s warrantless wire- telligence important to the national security We intend to monitor the use of this au- tapping program and disregard for domestic may be lost or not timely acquired and time thority carefully, so that we can address any and international law poses a direct chal- does not permit the issuance of an order pur- abuses at the time of the sunset, if nec- lenge to our constitutional order, and ‘‘con- essary. suant to subsection (i)(3) prior to the imple- stitutes a far greater threat than the law- mentation of such authorization.’’ TITLE II—DOCUMENTARY SUPPORT FOR lessness of Richard Nixon.’’ In both Houses, there has been some dis- ATTORNEY GENERAL CERTIFICATION That was not a casual comparison. When I cussion about the meaning of the phrase ‘‘ex- During the pre-recess debate, a suggestion was on the staff of the National Security igent circumstances’’ and the expectations of was made that the bill establishes clear lim- Council, my home phone was tapped by the Members about the use of this authority. its on what documents the district court Nixon administration—without a warrant— While the bill does not define the phrase ‘‘ex- may review in determining whether substan- beginning in 1969. The wiretap stayed on for igent circumstances’’ standing alone, it does tial evidence supports a certification by the 21 months. The reason? My boss, Henry Kis- describe the limits of the appropriate use of Attorney General on a provider’s entitle- singer, and the director of the F.B.I., J. the authority: a determination by the Na- ment to immunity. Edgar Hoover, believed that I might have tion’s highest law enforcement official, the The burden is on the Attorney General to leaked information to this newspaper. Even Attorney General, and highest intelligence provide to the court the equivalent of an ad- after I left government, and went to work on official, the DNI, that (a) without immediate ministrative record that satisfies the sub- Edmund Muskie’s presidential campaign, the implementation ‘‘intelligence important to stantial evidence test. While I agree that the F.B.I. continued to listen in and made peri- the national security may be lost or not parties cannot seek discovery to provide the odic reports to the president. timely acquired’’ and (b) time does not per- court with information as to whether the I was No. 8 on Richard Nixon’s ‘‘enemies mit the issuance of a FISA court approval substantial evidence test is met, the bill does list’’—a strange assemblage of 20 people who order prior to implementation. not limit what the Attorney General may had incurred the White House’s wrath be- To the extent that auxiliary aids are need- submit, in his or her discretion, to provide cause they had disagreed with administra- ed to assist in defining ‘‘exigent cir- substantial evidence to support the certifi- tion policy. As the presidential counsel John cumstances,’’ at least three are available. cation. Dean explained it in 1971, the list was part of First, section 702 as a whole demonstrates A certification under section 802 shall be a plan to ‘‘use the available federal machin- the clear intent of Congress that prior judi- given effect unless the court, in accordance ery to screw our political enemies.’’ My cial approval is strongly preferred. To the with subsection (b), finds that it is not sup- guess is that I earned this dubious distinc- extent practicable, the Government’s sub- ported by substantial evidence ‘‘provided to tion because of my opposition to the Viet- missions of certifications and procedures to the court pursuant to this section.’’ The nam War, though no one ever said for sure. the FISA court with regard to annual au- phrase ‘‘this section’’ covers the entire sec- Because I rejected the Nixon administra- thorizations shall precede the effective date tion. Thus, the scope of the evidence that the tion’s use of national security as a pretext of those authorizations by at least 30 days. Attorney General may submit to sustain the for broad assertions of unchecked executive On receiving Government submissions, the substantial evidence burden is not dependent power, I became engaged with the Foreign FISA court is to complete action on them on any particular subsection of section 802 Intelligence Surveillance Act when it was within 30 days unless the court exercises its but is drawn from the entirety of the section proposed in the early 1970s. And because I re- limited extension authority. including, importantly, all of the subject the Bush administration’s equally ex- Those provisions, working together, imple- stantive requirements for the implementa- treme assertions of executive power at the ment the design of the Congress to ensure tion of liability protection. expense of civil liberties, I have been en- Section 802(b)(2) provides that in reviewing that judicial review will ordinarily precede gaged in trying to improve the current legis- a certification under section 802 the court implementation. The benefit of doing so is lation. may examine the court order, certification, obvious. The intelligence community, tele- The compromise legislation that will come written request, or directive described in the communication providers who are asked to to the Senate floor this week is not the legis- substantive provisions of section 802. This implement Government directives, and the lation that I would have liked to see, but I authority ensures that the court will be able American public will be assured that the pro- disagree with those who suggest that sen- to examine those documents. But it does not cedures and certifications that ensure the ators are giving in by backing this bill. limit the Attorney General to those docu- lawfulness of collection have been approved The fact is that the alternative to Con- ments in supporting a certification under gress passing this bill is Congress enacting before collection begins. In light of the cen- section 802. For example, the Attorney Gen- far worse legislation that the Senate had al- trality of prior review in section 702, and the eral may determine that providing substan- ready passed by a filibuster-proof margin, significant benefits flowing from it, excep- tial evidence to support a certification that and which a majority of House members tions should be rare. a person did not provide assistance requires Second, if more is needed to define ‘‘exi- were on record as supporting. evidence that is not included in communica- gent circumstances,’’ the dictionary defini- What’s more, this bill provides important tions with that person. Section 802 therefore tion of ‘‘exigent’’ is a tool of first resort out- safeguards for civil liberties. It includes ef- should not be read as a limit on what may be side the text and structure of the Act. For fective mechanisms for oversight of the new submitted to the court by the Attorney Gen- surveillance authorities by the FISA court, example, the Random House College Dic- eral. As for the method by which additional the House and Senate Intelligence Commit- tionary defines ‘‘exigent’’ as ‘‘requiring im- information may be provided, section 802 im- tees and now the Judiciary Committees. It mediate action or aid; urgent, pressing.’’ poses no limit on what the Attorney General ‘‘Urgent’’ in turn is defined as ‘‘pressing, may include within a certification or an- mandates reports by inspectors general of compelling or requiring immediate action or nexed to it. the Justice Department, the Pentagon and attention; imperative.’’ intelligence agencies that will provide the Third, the interpretation of the bill by Mr. ROCKEFELLER. I also point out, committees with the information they need agencies charged with its administration is there was an op-ed piece in support of to conduct this oversight. (The reports by an acknowledged guide, particularly, as the FISA bill in today’s New York the inspectors general will also provide ac- here, where that interpretation has been of- Times which I call to the attention of countability for the potential unlawful mis- fered to the Congress in the course of the my colleagues. It was written by Mr. conduct that occurred during the Bush ad- legislative process. In writing to the Speaker Morton Halperin and entitled ‘‘Listen- ministration.) Finally, the bill for the first on June 19, the Attorney General and the ing to Compromise.’’ Mr. Halperin, in time requires FISA court warrants for sur- DNI explained: ‘‘The exigent circumstances veillance of Americans overseas. exception is critical to allowing the Intel- addition to being executive director of As someone whose civil liberties were vio- ligence Community to respond swiftly to the Open Society Policy Center, has a lated by the government, I understand this changing circumstances when the Attorney lengthy career of public service in both legislation isn’t perfect. But I also believe— General and the Director of National Intel- Democratic and Republican adminis- and here I am speaking only for myself—that ligence determine that intelligence may be trations. it represents our best chance to protect I

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6406 CONGRESSIONAL RECORD — SENATE July 8, 2008 both our national security and our civil lib- Government requested the surveillance Those who claim that American citi- erties. For that reason, it has my personal and indicated that it had been ‘‘deter- zens can still pursue their privacy support. mined to be lawful,’’ the cases will be claims against the Government know Mr. ROCKEFELLER. Mr. President, I dismissed and everybody is off the that sovereign immunity is a road- thank the Presiding Officer and yield hook. It is not the court that says block. They know that cases against the floor. whether you followed the law. No, this the Government have already been dis- The PRESIDING OFFICER. The Sen- bill allows the government to say: Oh, missed for lack of standing. They know ator from Vermont. you are looking at us? Ah, we certify about the Government’s ability to as- Mr. LEAHY. Mr. President, I would we followed the law. So, therefore, you sert the state secrets doctrine and var- like to speak for a little while about courts have to let us off the hook be- ious other legal defenses and protec- one part of the bill, and I will have cause, after all, we said, whether we tions for Government officials. They more to say tomorrow. I strongly op- broke the law or not, we are following know these suits will go nowhere. They pose the blanket grant of immunity the law, so we are home free. know, and it is wrong for them to sug- that is contained in this bill. I would That is not a meaningful judicial ingest otherwise. This is a red herring if hope Senators would reject what is an quiry. Thinking back to my days as a there ever was one. ill-advised legislative effort to engineer prosecutor in Vermont, that would be The report of the Select Committee specific outcomes in ongoing Federal as if the police caught someone in a on Intelligence in connection with its judicial proceedings. Basically, we are burglary, I charged them, and the de- earlier version of the bill that also in- telling another branch of Government: fendant then told the judge: But I have cluded retroactive immunity is telling. Here is the way you have to come out determined that for me, your Honor, The Select Committee on Intelligence in your decisions. the burglary laws do not apply, so you wrote: There is a way to cure that problem. have to let me go. I can’t be pros- The Committee does not intend for this Instead of the Congress telling the ecuted. I can’t be held accountable. No- section to apply to, or in any way affect, courts how they have to rule, we could body would take that seriously. We pending or future suits against the Govern- adopt the Dodd-Feingold-Leahy amendment as to the legality of the President’s should not take this seriously. We program. ment to strike title II from the bill. should not do something that does not And later wrote: This would strike the retroactive im- give the plaintiffs their day in court. It munity provisions, and it would allow Section 202 makes no assessment about the is not just a heavy thumb on the scales legality of the President’s program. for accountability for those who vio- of justice; it is a whole hand and an But neither that bill nor this one lated Americans’ rights and violated arm on the scales of justice, and I can- makes any allowance for such suits the law. It would send a strong mes- not support it. sage that no one stands above the law If we look at the publicly available against the Government to proceed to a decision on its merits. That is pre- in the United States. information about the President’s pro- cisely what is lacking in this measure: I am not out to get the telephone gram, it becomes clear that title II is an avenue to obtain judicial review and companies. I just want us to know who designed to tank these lawsuits, pure accountability. it was in the administration who said: and simple, but then to allow the ad- You may break the law. The American Now, those who support retroactive ministration to avoid any account- immunity for the telecommunications people ought to know who in the White ability for their actions. The Senate House said, ‘‘You may break the law,’’ carriers and dismissal of the suits Intelligence Committee said in a report against them without providing an ef- who it was who made the decision that last fall that the providers received let- somehow this President stands above fective avenue to challenge the pro- ters from the Attorney General stating gram or obtain judicial review of its le- the law. that the activities had been ‘‘author- The administration circumvented the gality—well, what they are doing is ized by the President’’ and ‘‘deter- supporting unaccountability, pure and law by conducting warrantless surveil- mined to be lawful.’’ lance of Americans for more than 5 simple. They are saying: Everybody is Guess what. These are precisely the off the hook. I am not out to get the years. They were breaking the law, and ‘‘magic’’ words that will retroactively telephone companies. All I want to then they got caught. The press re- immunize the providers under title II know is, who in our Government said: ported this illegal conduct in late 2005. of this bill. Mr. President, the fix is in. You may break the law. And this bill is The Republican-controlled Congress The bill is rigged, based on what we al- going to make sure we never find out. did not ask the questions to find it out. ready know, to ensure that the pro- In fact, the case that did proceed to The press found it out. Had they not viders get immunity and the cases get decision in the Federal court in Michi- done so, I have to assume this unlawful dismissed. gan was appealed by the Government, surveillance would still be going on What it says is, if you are in charge, was vacated and dismissed for lack of today. you can just go out and break the law, ‘‘standing.’’ So the judicial decision on When the public found out that the and then when they look at you, send a the merits that the President’s pro- Government had been spying on the letter to the court saying: I have deter- gram of warrantless wiretapping of American people outside of FISA for mined that when I broke the law, I did Americans was a violation of law and years, the Government and the pro- not really break the law, so you have the Constitution was effectively wiped viders were sued by citizens who be- to let me off the hook. from the books. lieved their privacy rights were vio- Lewis Carroll once wrote a book I note again that the proponents of lated. They said: You are violating our about that. I think it was called ‘‘Alice this retroactive immunity have not privacy. We want you to be held ac- in Wonderland.’’ So what if Americans’ and cannot say that the administration countable. But, of course, that is why rights were violated. So what if stat- acted lawfully. They do not say the ad- the Founders created a system of Fed- utes were violated. So what if those ministration acted lawfully because eral courts through the Constitution— privacy-protecting statutes provide for they know the administration did not so people can assert their rights before damages. This bill makes our courts act lawfully. a fair and neutral tribunal without in- the handmaidens to a coverup, and it is Even if one believes the telephone terference from the other branches of wrong. It tells the courts—the U.S. companies merit protection, there is Government, so they have some way to Federal courts—it tells them: Take simply no good reason why Congress say: I am not a Democrat. I am not a part in a coverup. I cannot support must act now to deal with the issue of Republican. I am not rich. I am not something that does that. It is wrong. the ongoing lawsuits against providers. poor. I am an American. I am seeking Make no mistake, if title II becomes The claim that these lawsuits will to have my rights upheld. law, there will be no accountability for somehow ‘‘bankrupt’’ the providers is Title II of this bill would effectively this administration’s actions in a court belied by the record demonstrating the terminate these lawsuits and those of law. We would take away the only financial health of these companies rights. It seeks to reduce the role of viable avenue for Americans to seek re- today despite the ongoing litigation. the court to a rubber stamp. So long as dress for harms to their privacy and Even the most alarmist critics of the the Attorney General certifies that the liberties. lawsuits acknowledge it would be years

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6407 and probably at least two trips to the ment puts the horse back in front of period of time between 9/11 and the U.S. Supreme Court before we have any the cart. present as the greatest expansion of enforceable final judgments. First, let’s get the facts. And then, the executive authority in the history If there is such a risk, well, what only after reviewing the relevant facts of this country. We have seen the unau- does that say? It says there were viola- that the administration claims support thorized military commissions. We tions and that people’s rights were vio- granting retroactive immunity, deter- have seen the extraordinary rendition lated. Now, I have said before that I mine whether Congress should attempt to the frequent invocation of state se- would support the Government step- to legislatively determine the result of crets, privilege, and the misuse of so- ping into the shoes of these defendants, the 40 or so Federal cases alleging vio- called signing statements. of these telephone companies, if we lations of fundamental rights of Ameri- The signing statements represent a want to protect them. It is simple. If cans. fundamental failure of the Congress to you are that concerned about the tele- Again, I believe the retroactive im- utilize its constitutional authority. phone companies, exclude them. Sub- munity provisions in this bill should be When the Constitution provides that stitute the U.S. Government. But we stripped entirely. But if that cannot be there is a presentment by both Houses, should not protect them if the cost of accomplished, then I support Senator the President either signs it or vetoes protecting them is all accountability BINGAMAN’s amendment as a common- it, and the widespread practice has now and the cost of never getting a judicial sense way to ensure that the Senate come into play where the President determination on the merits of the makes a fully informed decision on ret- signs and issues a signing statement cases whether the Government violated roactive immunity. undercutting key provisions of the leg- the law. I yield the floor. islation. I introduced a bill to give Con- Americans have a right to know. Mr. BOND. Mr. President, I suggest gress standing to challenge that in The PRESIDING OFFICER. The Sen- the absence of a quorum. court. It has gone nowhere because of ator’s 10 minutes have expired. The PRESIDING OFFICER. The the impossibility of overriding a veto Mr. LEAHY. Mr. President, I ask clerk will call the roll. and because of the considerations of The legislative clerk proceeded to unanimous consent for an additional 30 case in controversy. call the roll. We have seen, in the context of the seconds. Mr. SPECTER. Mr. President, I ask evolving issues, the total ill-effective- The PRESIDING OFFICER. Without unanimous consent that the order for ness of Congress to provide the over- objection, it is so ordered. the quorum call be rescinded. sight of the Intelligence Committees. Mr. LEAHY. I believe the rule of law The PRESIDING OFFICER. Without The National Security Act of 1947 ex- is important. I trust our courts to han- objection, it is so ordered. pressly provides that matters such as dle even the most difficult and sen- AMENDMENT NO. 5059 the terrorist surveillance program sitive disputes. That is the courts’ role Mr. SPECTER. Mr. President, I now should be submitted to the Intelligence in our constitutional scheme, not ours. call up my amendment No. 5059. Committees, but that has not been Title II of this bill would have Congress The PRESIDING OFFICER. Without done. Only a portion of the Intelligence decide these cases by legislative fiat. objection, the pending amendment is Committees have been briefed. Most of We do not want to diminish our Fed- set aside. the limited briefing was done only eral judiciary and risk selling out large The clerk will report. when the administration needed some numbers of Americans whose funda- The legislative clerk read as follows: support for the confirmation of General mental rights may have been violated. The Senator from Pennsylvania [Mr. SPEC- Hayden as CIA Director. We have seen We should not pass this bill TER] proposes an amendment numbered 5059. the provisions of the Foreign Intel- unamended. I urge my colleagues to Mr. SPECTER. Mr. President, I ask ligence Surveillance Act of 1978 by- cast a vote for accountability and sup- unanimous consent that the reading of passed by the executive branch on a port the Dodd-Feingold-Leahy amend- the amendment be dispensed with. claim of constitutional authority ment. The PRESIDING OFFICER. Without under article II, power as Commander I strongly oppose the immunity pro- objection, it is so ordered. in Chief, contrasted with the congres- visions contained in this bill, and I The amendment is as follows: sional authority under article I. have supported every effort to strike (Purpose: To limit retroactive immunity for A Detroit Federal court declared the them. But if we cannot eliminate these providing assistance to the United States terrorist surveillance program uncon- ill-advised provisions, then I agree that to instances in which a Federal court de- stitutional. The Court of Appeals for Senator BINGAMAN’s amendment to termines the assistance was provided in the Sixth Circuit reversed, in a 2-to-1 connection with an intelligence activity delay a decision on immunity until decision on the ground of the lack of after the inspectors general have con- that was constitutional) On page 90, strike lines 17 through 21 and standing, with the dissenter filing an ducted their review of the warrantless opinion showing ample basis for stand- surveillance program makes good insert the following: ‘‘(1) REVIEW OF CERTIFICATIONS.— ing. The Supreme Court of the United sense. ‘‘(A) IN GENERAL.—Except as provided in States refused to review the case. They I worked hard to include the inspec- subparagraph (B), a certification under sub- called it a denial of certiorari. That is tors general amendment as a part of section (a) shall be given effect unless the the major constitutional confrontation this FISA bill. For that provision to court finds that such certification is not sup- of our era, between the President as- have its full effect, we should delay any ported by substantial evidence provided to serting article II powers as Commander grant of retroactive immunity until we the court pursuant to this section. in Chief and the explicit statutory pro- know what the final report says. ‘‘(B) COVERED CIVIL ACTIONS.—In a covered civil action relating to assistance alleged to vision enacted by Congress in 1978 pro- Senator BINGAMAN’s amendment have been provided in connection with an in- viding for the exclusive means of hav- would stay all pending cases against telligence activity involving communica- ing wiretapping. Instead, we have the telecom companies related to the tions that was authorized by the President warrantless wiretapping. warrantless surveillance program and during the period beginning on September 11, The legislation pending now would delay the effective date of the immu- 2001, and ending on January 17, 2007, a cer- provide retroactive immunity. I sug- nity provisions in title II of the bill tification under subsection (a) shall be given gest retroactive immunity in a context until 90 days after Congress receives effect unless the court— that we could both preserve the elec- the inspectors general reports. ‘‘(i) finds that such certification is not sup- tronic surveillance and leave the court I have maintained throughout this ported by substantial evidence provided to with jurisdiction in one of two ways. debate that it makes little sense for the court pursuant to this section; or ‘‘(ii) determines that the assistance pro- One, by substituting the Federal Gov- Senators—many who have never been vided by the applicable electronic commu- ernment as the party defendant of the given the opportunity to view key doc- nication service provider was provided in telephone companies, in the shoes of uments relevant to the warrantless connection with an intelligence activity that the telephone companies with no more, surveillance program—to cast an unin- violated the Constitution of the United no less rights; or secondly, requiring, formed vote on retroactive immunity. States. as my amendment does, that the Fed- That is buying a pig in a poke. To mix Mr. SPECTER. Mr. President, I be- eral district court would decide con- farm metaphors, the Bingaman amend- lieve that history will look back at the stitutionality. No one is denying the

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6408 CONGRESSIONAL RECORD — SENATE July 8, 2008 telephone companies have been good asked to do. It is a pig in a poke. The The PRESIDING OFFICER (Mrs. citizens. old expression describes it very well. MCCASKILL). There are 32 minutes re- The argument has been made that, We don’t even know what the program maining. well, there may be money damages or is, and we are being asked to ratify it. Mr. SPECTER. I reserve the remain- there is a matter of public image which The issue was put to the Senator der of my time. is involved. Well, monetary damages from Missouri, the chief defender of The PRESIDING OFFICER. The Sen- and public image, in my judgment, this bill, of any precedent where you ator from Rhode Island. don’t measure up to the right of pri- have a case pending before Judge Walk- Who yields time to the Senator from vacy. Just as Oliver Wendell Holmes, in er, an extended opinion in July of 2006 Rhode Island? a 1928 case almost a century ago, said on appeal to the Court of Appeals for Mr. ROCKEFELLER. I yield as much that wiretapping was ‘‘dirty busi- the Ninth Circuit. If this act is passed, time as the Senator requires. Mr. WHITEHOUSE. Madam Presi- ness’’—and it remains dirty business— it will be unceremoniously jerked out dent, I appreciate very much the cour- it may be necessary on national secu- from under the court. I asked him if tesy of my chairman in allowing me rity grounds, but it has to be done there is any case in history, and I would repeat that challenge to the dis- some time. I should not take more within the confines of the law. That than 10 minutes. can be decided only by the courts, espe- tinguished chairman of the committee. What we have left is judicial review. Once more we find ourselves debating cially in the atmosphere that we have President Bush’s warrantless wire- where the Congress has been so ineffec- Without judicial review, there is no way to effectuate the constitutional tapping program, a self-inflicted wound tive and where the Supreme Court of doctrine of separation of powers, which that this administration has visited the United States ducked the issue on is so fundamental in our society. Even upon our Government. the case coming out of the Sixth Cir- when the proponents of the bill talk The way this Senator sees it at least, cuit, where there was ample grounds about money and business reputation— the Bush administration broke faith for finding standing to proceed with no one is challenging the good citizen- with the American people with its that case. ship of the telephone companies, and warrantless surveillance program, and Within the past 6 days, there has the likelihood of monetary damages is now we in Congress are meant to clean been a major development on this issue extremely remote. But if the Govern- up the administration’s mess. Unfortu- as a result of a judgment handed down ment were to be substituted as the nately, we are doing so with a legisla- by Chief Judge Vaughn Walker of the party defendant, that is a matter of tive fix that in one critical area—im- U.S. district court in San Francisco. dollars and cents which hardly community for the phone companies— Judge Walker is the same judge who ports to the fundamental issues which misapplies the substantial evidence has the telephone company cases which are involved in civil liberties. standard, trespasses constitutional were consolidated and sent to him It is understandable that Congress boundaries, and breaks dangerous new under Federal rules on a multidistrict continues to support law enforcement ground in American law. panel. Judge Walker found flatly that powers because of the continuing ter- We would not be in this position if the Bush administration had sought the President exceeded his constitu- rorist threat. No one wants to be and received a court order in the first tional authority when he ignored the blamed for another 9/11. My own brief- place, as it easily could have. There Foreign Intelligence Surveillance Act. ings on the telephone companies’ co- would be no debate over granting im- This is the exact language in the 56- operation with the Government have munity since a company following a page opinion: convinced me of the program’s value so court order is protected. Or the Bush Congress appears clearly to have intended that I voted for it, even though my administration could have used FISA to—and did—establish the exclusive means amendment to substitute the Govern- procedures to seek and receive lawful for foreign intelligence surveillance activi- ment for the telephone companies was assistance from telecommunications ties to be conducted. Whatever power the ex- defeated in the Senate’s February vote. ecutive may otherwise have had in this re- companies. But the administration gard, FISA— Similarly, I am prepared to support it chose to go outside the law. I suspect again as a last resort, even if it cannot The Foreign Intelligence Surveil- the administration wanted to prove a be improved by providing for judicial lance Act— point about the President’s article II review, the pending amendment. How- authority, so it deliberately avoided limits the power of the executive branch to ever, since Congress has been so inef- conduct such activities. these well-established mechanisms. If fective in providing a check and bal- so, the Bush administration delib- So now we have the judge who is ance, I will fight hard—and I am fight- hearing these telephone cases having erately walked these telecommuni- ing hard—to secure passage of this cations companies into this problem said that such surveillance is unconsti- amendment to keep the courts open. It tutional. FISA covers not only the tra- and this litigation to vindicate ideolog- is our last refuge, our last big stand ical ambitions. But the problem is now ditional wiretaps but explicitly covers when the stakes are high, and they in- pen registers and trap-and-trace de- before us. variably are. When Congress addresses I have worked diligently and across vices which could include whatever it civil liberties and national security, the aisle to try to develop thoughtful is the telephone companies were alleg- Members frequently must choose be- solutions to the problem. In February, edly doing. On that subject, we do not tween the issues of two imperfect op- with the distinguished Senator from know the full extent of what the tele- tions. Unfortunately, we too often back Pennsylvania, Senator ARLEN SPECTER, phone companies are doing. All we ourselves into these corners by defer- the learned ranking member of the Ju- have are the allegations and the legal ring legislation until there is a loom- diciary Committee, I offered a bipar- papers. Here, Congress is being asked ing deadline. Perhaps that is why so tisan amendment that would have sub- to pass upon a program on which most many of my colleagues have resigned stituted the U.S. Government for the Members have not been briefed. As themselves to accepting the current telecommunications companies if it stated earlier on the floor today, 70 bill without seeking to improve it fur- was determined they acted in good Members of the Senate would be called ther. faith and with the reasonable belief upon to vote on a program when they Although I am prepared to stomach that compliance was lawful. don’t even know what it is. The House this bill if I must, I am not yet ready Similarly, I supported an amendment leadership has pointed out that most of to concede that the debate is over. Con- offered by Senators DIANNE FEINSTEIN the Members of the House of Rep- trary to the conventional wisdom, I do and BILL NELSON, drawn from the Spec- resentatives have not been briefed. not believe it is too late to make this ter-Whitehouse amendment, that of- In an exchange with the Senator bill better. Perhaps the Fourth of July fered immunity to those companies from Missouri today, I raised the fun- holiday will inspire the Senate to exer- that acted, again, in good faith and damental constitutional point that cise its independence from the execu- with the reasonable belief that compli- Members’ constitutional responsibil- tive branch, now that we are back in ance was lawful. ities cannot be delegated. You can’t Washington. Good faith is the proper standard delegate them to a minority of the How much time do I have remaining, here. It is the standard repeatedly ref- Senate, but that is what we are being Madam President? erenced by respected Members in this

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6409 Chamber who have asserted that any ment to reflect on what ‘‘substantial You cannot hear an entire category of telecommunications company that as- evidence’’ means in this context. constitutional claims. Congress is insisted the Government acted in good The first point is that ‘‘substantial truding upon a core function of the ju- faith. evidence’’ standard is essentially a dicial power—the resolution of con- My friend, Senator MARTINEZ, said: meaningless standard, given the mini- stitutional disputes. The fact is that these companies acted in mal showing necessary to be granted The U.S. Supreme Court has warned good faith, and they acted in good faith when immunity. The elements as to which on more than one occasion, most re- they were called upon to assist our intel- substantial evidence must exist are cently in the 1988 case of Webster v. ligence professionals. these: The intelligence activity was Doe, that ‘‘a serious constitutional My friend on the Judiciary Com- ‘‘authorized by the President’’; ‘‘de- question would arise if a federal stat- mittee, Senator KYL, noted: signed to detect or prevent a terrorist ute were construed to deny any judicial [t]he general rule that private citizens act- attack’’; and ‘‘the subject of a written forum for a colorable constitutional ing in good faith to assist law enforcement request or directive . . . indicating claim.’’ are immune from suit. that the activity was (I) authorized by This statute has as its very purpose Senator CHAMBLISS, my colleague on the President; and (ii) determined to be to deny a judicial forum to these the Intelligence Committee, argued lawful.’’ colorable constitutional claims. that America’s telecommunications That is it. That is achieved by simply I further note that Congress stepping carriers ‘‘should not be subjected to putting into evidence the piece of in to pick winners and losers in ongo- costly legal battles and potentially paper containing the Attorney Gen- ing litigation on constitutional rights frivolous cases . . . merely for their eral’s certification. not only raises separation of powers good faith-assistance to the Govern- But the substantial evidence stand- concerns but it veers near running ment.’’ ard implies more than that, and it is afoul of the due process and takings Senator ALLARD said that ‘‘the U.S. out of place here. This standard is typi- clauses. Article II of this bill is the Government owes these patriotic com- cally applied in what is called a ‘‘suffi- most extreme measure Congress, as panies and their executives protections ciency challenge’’—a judicial inquiry best as I can find, has ever taken to based on the good-faith effort they into whether there is substantial evi- interfere in ongoing litigation. Con- made in working with our intelligence dence to support a jury verdict. I can- gress usually provides at least a figleaf community.’’ not tell you how many sufficiency of an alternative remedy when it takes Senator BOND, vice chairman of the challenges I have withstood as an at- away the judicial one. For example, in Intelligence Committee, noted that torney general and U.S. attorney. It is the National Childhood Vaccine Injury ‘‘the intelligence community advised standard fare in criminal cases. Act, Congress put a stop to Federal us . . . that these companies acted in The substantial evidence standard is court actions but provided an alter- good faith, and we in the committee also frequently used for judicial review native path for claims to be heard. The agreed with them.’’ of an administrative agency’s adjudica- Public Readiness and Emergency Pre- We seem to have agreement amongst tion or rulemaking. Members in this body that good faith is So the substantial evidence standard paredness Act eliminated liability for the proper standard. So we should let a is used to review the results of adver- people who take certain counter- court, which has available to it the sarial proceedings where the parties measures during or after a pandemic procedural mechanisms necessary to had a chance to make their case and outbreak. But a special fund for vic- get to the bottom of this in a confiden- build their record, and the court then tims was established by Congress. tial manner, make the determination, reviews to determine whether there is Today’s effort is a naked intrusion the fundamental determination: Did substantial evidence to support the into ongoing litigation. Where will these companies, if they received Gov- agency’s or jury’s determination. that stop? Will Congress be able to rove ernment requests, act in good faith? The substantial evidence standard is at will through litigation anywhere in We may in this body assume it to be a standard used to weigh the result of the judicial branch, picking winners true, but it is not our role as Members an adversarial process. Not so here. and losers as we like? We don’t just of Congress to decide on the good faith Here the court will apply the substan- trespass on the separation of powers; of an individual litigant in a matter tial evidence standard to an Attorney we trespass onto dangerous ground. that is before a court. General’s unilateral certification. That If I were a litigant, I would challenge Many Senators have not even been is bad lawyering. That is discouraging, the constitutionality of the immunity read into the classified materials that when it would have been so easy to get provisions of this statute, and I would would allow us to reach an informed this right. expect a good chance of winning. conclusion about good faith. We as a Let me close with a few words about I spoke before the Independence Day body are incapable of making an in- the constitutionality of title II. It is a recess about article I of this bill, how formed conclusion because as a body, core principle of our system of sepa- proud I am of the work that went into we have not had access to the nec- rated powers that no branch of Govern- it and the exemplary results we have essary materials. So we should provide ment may exercise powers allocated to achieved. Chairman ROCKEFELLER, in a fair mechanism for a finding of good another branch. The United States Su- particular, but many others as well, de- faith by a proper judicial body with the preme Court has said that the Framers serves commendation, first for resist- proper provisions for confidentiality. of the Federal Constitution felt in ing the Bush administration’s un- This simple determination can be drafting our Constitution ‘‘the sense of seemly efforts to create a legislative made with limited proceedings based a sharp necessity to separate the legis- stampede and, second, for thoughtfully largely on the record of any documents lative from the judicial power.’’ This crafting an improved and modernized provided to the companies. We ask so sense of sharp necessity, the Court FISA Act that contains many new im- little—a proper hearing, applying a said, was ‘‘prompted by the cre- portant protections for Americans. I proper standard. Unfortunately, the scendo’’—the words the Court used— will incorporate my reference of my Bush administration opposed this op- ‘‘the crescendo of legislative inter- previous remarks on that subject, but tion, and I have not had the chance to ference with private judgment of the suffice it to say as an attorney general offer this amendment. For all its talk, courts.’’ and a U.S. attorney who has run wire- the Bush administration was evidently If you wish to see a case of legislative tap vehicles, article I is a fine piece of and tellingly not confident that a good- interference with private judgment of legislation which makes it all the more faith threshold could be met. the courts, look no further than what disappointing that the Bush adminis- So instead of requiring a finding of we are doing today. tration will not tolerate an amendment good faith, the bill states that immu- Plaintiffs in the telecom litigation to article II that allows for a proper nity will be granted if the Attorney have brought causes of action alleging hearing before the proper court set to General’s certification is ‘‘supported by that their core constitutional rights the proper standard. It would be so substantial evidence.’’ It is worth drill- were violated. By providing immunity, easy to get article II right. So close ing down to some lawyering for a mo- Congress is telling the judicial branch: and yet so far.

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6410 CONGRESSIONAL RECORD — SENATE July 8, 2008 I close by reiterating my deep anger and this constitutional question. It some of his contentions and engage in that the Bush administration unneces- does not ask whether the companies a question or two with the chairman. sarily created this mess in the first were aware of the scope of the Presi- When the Senator from West Virginia place, my frustration with the solution dent’s program, nor does it ask wheth- argues that my amendment would un- that Congress has established to the er the companies’ actions were done in dermine the delicate compromise immunity question, and my hope that good faith or even whether they were which the Intelligence Committees our great judicial branch will vindicate legal. Indeed, if the court finds that the have reached, that is what the full Sen- the error we in the legislative branch President’s program violated the Con- ate is supposed to do. The committees make today. stitution, the cases against the com- deliberate, the House and the Senate Mr. SPECTER. Madam President, I pany will not be dismissed even if that come to a conference report, they bring had hoped to ask a couple questions of company had no involvement in the the matter to the Senate, and then it is the distinguished Senator from Rhode unconstitutional components of the up to the full body to make a deter- Island. I consulted with the chairman, President’s program. mination. So there is nothing unusual who wants to be recognized next. It Madam President, this is simply un- about disagreeing with the com- would be my request, if I may have fair. A company should not be sub- promise, however delicate. Senator WHITEHOUSE’s attention, that jected to liability solely because the The chairman argues that it would he stay on the floor to engage in a dis- Government acted unconstitutionally. require the courts to consider difficult cussion, a colloquy with me when the A company should not be subjected to constitutional issues. That is exactly chairman has concluded. liability solely because the Govern- what the courts are supposed to do. The PRESIDING OFFICER. The Sen- ment acted unconstitutionally. Any ac- The full impact of Chief Judge Vaughn ator from West Virginia. countability and liability should be Walker’s decision and how far-reaching Mr. ROCKEFELLER. Madam Presi- based on actions of the company, which it goes has not been felt, understood, or dent, Senator SPECTER has offered an is what title II is about. analyzed in the course of only 6 days— amendment altering the liability pro- Imposing this barrier to liability pro- an opinion which runs more than 50 tections of title II. His amendment tection is also inconsistent with our pages. We are dealing with court-strip- would require the district court to as- expectation about the role companies ping in the middle of litigation that sess the constitutionality of the Presi- are expected to play when they receive has been going on for years. Judge dent’s warrantless wiretapping pro- Government requests for information. Walker’s opinion concerning the gram before it could dismiss cases Our existing statutory approach is telecom companies was in July 2006, against telecommunications companies based on the idea that the Government with the telephone companies now on that met statutory requirements for li- requires prompt cooperation from the appeal. ability protection. telecommunications companies. Al- It really goes back to the funda- Although I appreciate the Senator’s though we expect those companies to mental principle of Marbury v. Madi- desire to ask the court to address the seek documentation from the highest son, when Chief Justice Marshall made constitutionality of the President’s levels of Government, they are not ex- the determination that it is up to the program once and for all, he has picked pected to assess the constitutionality courts to decide what the Constitution the wrong mechanism to ask the court of particular requests on which they means, and we would be undercutting to answer his question. lack, to say the least, complete infor- that judicial process in midstream. First, Senator SPECTER’s amendment mation. Earlier, I posed a question to the would completely undermine, as I said The ongoing litigation is complicated Senator from Missouri, which if the before, the delicate compromise in by classified information issues that chairman wishes to answer would be front of us today. People say: Well, we make it virtually impossible for the fine. I know and I admire what Senator are freshly back in town, newly mint- cases to move forward. But if the cases ROCKEFELLER has done. I have worked ed, widely open. I am sorry, this was a could proceed without regard to the with him since he was elected in 1984, bill which just got through on a thread, classified information at issue, the and we worked together on the Vet- and it will probably get close to 70 court would not consider the question erans’ Committee and on intelligence votes, a compromise already accepted of whether the President’s program matters and on many major matters. by the House with 70 percent of their was constitutional. Instead, it would When the history is written, there will votes, and I think that balances the ask whether the companies were enti- be a famous handwritten letter dis- protection of liberties and also does tled to immunity based on existing closed by Senator ROCKEFELLER to the something I have stated I think is law. administration about how deeply he rather important; that is, it allows the In addition, a case against any par- feels and how deeply he cares about collection of intelligence to continue ticular company is necessarily limited these matters. But I questioned the in order to protect the United States of to the facts relevant to that company. Senator from Missouri, who is a mem- America. The court would, therefore, not be pro- ber of the bar and quite a scholar on Senator SPECTER’s amendment also vided a comprehensive look at the constitutional law, if there had been would require the court to consider a President’s program in any of those any case known to him picked up in difficult constitutional question that cases. midstream after years of work in the otherwise would not be at issue in the We should not ask the district court district court and pending on appeal. It cases. to assess whether the President’s pro- really goes right to the heart of Title II does not cover cases against gram is constitutional when the an- Marbury vs. Madison. Government actors. This exclusion was swer to that question is unnecessary to You have Chief Judge Walker having intentional. Cases against the Govern- resolve the underlying litigation be- flatly decided that the terrorist sur- ment for any unlawful or unconstitu- tween the plaintiffs and the carriers, veillance program is unconstitutional, tional actions Government actors may and the court does not have sufficient and you have Chief Judge Walker leav- have undertaken should be allowed to facts to address that far-reaching ques- ing aside the issues of standing but proceed. Arguments over the constitution of constitutionality. We are talk- saying: tionality of the President’s actions can ing about apples and oranges, but it is Plaintiff amici hint at the proper showing and should be litigated in those pro- apples here that we are concerned with. when they refer to ‘‘independent evidence ceedings. I urge my colleagues to oppose this disclosing that plaintiffs have been The amendment, however, injects amendment. surveilled’’ and a ‘‘rich lode of disclosure to this complicated constitutional ques- The PRESIDING OFFICER. The Sen- support their claims.’’ tion about the interplay of the fourth ator from Pennsylvania. Going to the standing issue. Al- amendment and separation of powers Mr. SPECTER. Madam President, I though not decided, why not let the into cases requesting civil damages do wish to engage in a colloquy with courts finish it? You have these deci- from private companies. The amend- the Senator from Rhode Island, but sions. Why not keep the current pro- ment does not require that there be a first, with the chairman having just gram in effect and not interrupt the relationship between the companies completed, I would like to respond to courts and have the judicial decision?

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6411 So when the chairman raises the When the argument is made that done, who does it, how important is it point that it would require the courts only the case against the telephone to how we gauge our situation in the to consider difficult constitutional companies is involved, that is not quite world, where we need to deploy, where questions, I agree with him, but that is accurate. It is being dismissed. It is no we need to be watching. what the Federal courts are supposed coincidence that Chief Judge Walker This is extraordinarily serious stuff to do, and it really is untoward for the handed this opinion down a few days— but not a word does it get in the Sen- Congress to step into the middle of it. 6 days—before it was publicly known ate, which is two-thirds made up of I know of no case like it. And here we that the Senate would be taking up lawyers—and I honor every one of are being asked to strip the court of ju- this issue. And he went out of his way them. But we are picking at ‘‘would risdiction when they are in midstream, to raise the issue about standing and the Constitution allow’’ this or that. I where they may well find some impor- the rich lode of disclosure. So if this am looking at something which to me tant facts to some important matters act is passed and retroactive immunity is very clear. This is all about carriers, in the course of the judicial decisions is granted, it will remove the telephone this particular bill. My name isn’t which would influence Congress. companies, true, and there will be an- Judge Walker. I haven’t issued the We have the amendment offered by other case standing, but there will be opinion. If my name were Judge Walk- the distinguished Senator from New no judicial determination of the con- er, and it was an opinion, it would be Mexico, Mr. BINGAMAN, which would stitutionality of what the telephone about constitutionality. We are not ad- call upon the inspector general to find companies did. dressing that in this bill. out what the facts are on immunity Chief Judge Walker has those cases The Senator earlier said: Look, we since, as I say, we are being asked to against the telephone companies too, are here. Why not duke it out and get pass on this when we don’t know the and he has pretty well given a roadmap all the substitutes and arrangements full import. And I support the Binga- as to what he is going to do because he and compromises back on the table man amendment. I am an original co- said the terrorist surveillance program again. I know that does work in some sponsor of it. Well, similarly, what is unconstitutional and the Foreign In- fashion. But I think the vice chairman Chief Judge Walker may find here may telligence Surveillance Act covers pen and I and our staffs could say that be very important. registers and trap-and-trace devices, what was achieved over the last month But let me raise the first of two ques- covering whatever it is the telephone or so could probably never be achieved tions with the chairman. companies did here; although, again, again, which is to get the House to Mr. ROCKEFELLER. May I respond we do not know for sure. So where he agree. JOHN CONYERS is chairman of to the Senator’s observation? said the terrorist surveillance program the Judiciary Committee, who was gra- Mr. SPECTER. Certainly. I will is unconstitutional and the statute cious and polite but unfriendly to this yield. covers pen registers and trap-and-trace bill. There is the question of the Blue Mr. ROCKEFELLER. I would say to devices, to remove the case from him Dogs. You can say always these are questions—on farm bills, on steel bills, my distinguished friend from Pennsyl- at this stage will eliminate a deter- on automobile bills, on whatever bills. vania that Judge Walker’s case is not, mination of the constitutionality of This is a particular type of emer- under any circumstance, going to be whatever it is the telephone companies stopped by whatever happens here. It gency based upon the fact that we are did and really flies in the face of the still, under my definition, under at- will not happen, and it will, therefore, historic role of the courts since 1803 in continue. The bill only addresses cases tack. Not that we have not been at- Marbury vs. Madison. tacked, but we have been able to inter- against carriers, is the point I was try- Now I am glad to yield to the chair- dict, because of intelligence, some of ing to make. Judge Walker—his case is man. those attacks—or all of those attacks. a case against the Government. This Mr. ROCKEFELLER. I will just reply This is a very different matter than bill is not against the Government. It very briefly with three points, and running an ordinary piece of legisla- is against what happens to the carriers, when you are finished, I would like to tion through the Senate. or in this particular case whether they yield to—or hopefully the vice chair- If 20 or whatever Judiciary plus In- get liability. The Government is not man will yield to the senior Senator telligence is in the Senate—35, what- the point. The carriers are the point. from Virginia. ever that is. No, because there are The one point is that this is not a bill The case continues, and we have not some cross-memberships. Let’s say 20. we are addressing here about the Gov- intervened in a malicious or malevo- Understand, the others have not been lent way. ernment. We are doing it about car- read in. I have said they could have Mr. SPECTER. Well, Madam Presi- riers, and particularly in title II. found out the information that has Secondly, I am interested in what the dent, by way of reply, I understand been available for a full year. Any Sen- ranking member of the Judiciary Com- that this provision only concerns the ator has the ability to go and read in- mittee feels might be the result if we telephone companies, and I understand telligence, if they wish to do that. It went the Judge Walker route regard- the chairman’s argument about good sort of implies that the Senate, as a faith. But good faith is not determina- less of its inapplicability, in my view, matter of habit, comes to full agree- tive in and of itself. If the conduct vio- to this situation when it went through ment and full understanding that 80 lates the Constitution, there is a con- the appeal process. out of 100, as opposed to 20 or 25 out of I am not a lawyer. Right now I wish stitutional violation no matter how a 100, fully understand what is at stake I were, but I am not. Usually, I am glad good the faith may be. It would be a in the amendments to a bill and then I am not. But it seems to me that you good reason to indemnify, to sub- to the final passage of a bill. stitute, to hold them harmless, but not would be looking at a period of appeals I think the Senator knows that is not to exonerate them for a constitutional going right on up to the Supreme Court the way it works. I think the Senator, violation. that might last 3 or 4 years. I am not although he says we should not dele- The chairman says companies should experienced in how long these things gate, knows we delegate all the time. not be held liable if the Government take. But this is a matter that might Mr. SPECTER. Will the Senator acted unconstitutionally. That is not take that kind of time and that causes yield? correct as a matter of law. Where the me to raise again the question I have Mr. ROCKEFELLER. I will. That telephone companies are aiders and raised several times with the vice takes various forms. Sometimes it will abetters and accessories before and chairman this afternoon: The only be that I am very much on the edge of after the fact and really act jointly thing that we appear to be discussing how I am going to vote on something, with the Government, they can be lia- in the Senate is rights and liberties. I and I go to a particular Senator—it ble. think I have yet to hear almost any might be the Senator from Pennsyl- Mr. ROCKEFELLER. That is quite an word about the security of the Nation vania—and say: I have this feeling and assumption to make, I say to the Sen- and what the purpose of the Intel- I have that feeling, I am right on the ator. ligence Committee is, what the purpose cusp of which way I should vote. Mr. SPECTER. Let me finish the of intelligence is, what the purpose of Mr. SPECTER. Will the Senator reply, and I will be glad to yield again. collection is, how the collection is yield?

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6412 CONGRESSIONAL RECORD — SENATE July 8, 2008 Mr. ROCKEFELLER. I will. remaining. The Senator from West Vir- there have been 21 House Intelligence Mr. SPECTER. For the first time, I ginia has 34 minutes remaining. Committee members briefed and as take sharp distinction with the chair- Mr. SPECTER. Madam President, many as 40 Judiciary Committee mem- man when he says there has been no this is as good a time as any to move bers; in the Senate, 15 on the Intel- recognition about the importance of in- forward with a question or two, which ligence Committee and 19 on the Judi- telligence or the workings of the Intel- I would like to have in a colloquy with ciary Committee for a bicameral total ligence Committee or of special exper- Senator WHITEHOUSE. This issue has of 95, which is 17.75 percent of the en- tise. been raised before, but I would like tire Congress. But if you take the Mr. ROCKEFELLER. I wasn’t talking your views on it, Senator WHITEHOUSE. chairman’s figures, you still have a about special expertise—I was talking You have a distinguished record as an majority of Members of Congress who about: We have not talked about the attorney, U.S. attorney, attorney gen- have not been briefed, who are, in ef- threat. eral, serving with distinction on the fect, delegating their authority to vote Mr. SPECTER. If I may continue? Judiciary Committee for the past year on a matter where they don’t know Mr. ROCKEFELLER. Yes. and a half. what they are granting immunity for. Mr. SPECTER. If I may continue, no I raised the issue earlier about the But I refer, again, to the Senator recognition of the work of the Intel- constitutional authority of a Member from Rhode Island, if he cares to an- ligence Committee—let me limit it to to delegate his authority, recognizing swer the question. that—which was certainly said. that there are many matters where we Mr. WHITEHOUSE. Of course, I did I take sharp exception because I accept committee reports, but at least say in my remarks that I believed that served 8 years on the committee and Senators have access to material. this body is incapable of making a de- served as chairman for 2 years. I think When I was chairman of the Judiciary termination as to the good faith of the I know what the Intelligence Com- Committee—the tradition is to tell the telecommunications companies for the mittee does and what its work is. chairman and the ranking member reason the distinguished Senator from I take sharp exception to the sugges- about a program such as the terrorist Pennsylvania has indicated, to wit, tion that there is not a full awareness surveillance program. I was blindsided very few of us, less than a majority and on the part of this Senator as to the by it, in mid-December of 2005. We were certainly not all of us, have been terrorism threat. I made that explicit. on a Friday, the final day of the argu- briefed as to what the actual facts are, When I said that if I have to take this ment on the PATRIOT Act. We were what was provided, if anything, to the bill, I will, because of the threat of ter- about to go to final passage, when the telecommunications companies that rorism, just as I voted for the bill ear- New York Times published its paper. would support our finding of good lier when my substitution amendment That morning Senators said they had faith. was not adopted. been prepared to vote for it but no As I said in my remarks, I think es- But when the chairman says that longer were. As chairman of the com- sentially every Senator who has spo- this has gone through a laborious proc- mittee, I could not be briefed on the ken to this question has implicitly re- ess with the House and is a delicate program. ferred to good faith, directly referred compromise—that happens all the Since that time, there has been a to good faith as the implicit standard. time. It happens all the time. You are change of heart to an extent but, as I view it, although I defer to the far right in the middle of it, you have seen stated on the floor of the Senate ear- greater experience and learning of my it, and I know, too, because I have been lier, some 70 Members of this body will colleague from Pennsylvania—I see it there. I have been here 28 years, and I be voting on retroactive immunity for less as a constitutional issue of def- know exactly what goes on. a program they do not know or under- erence than one of legislative pru- When you say this ought to be ac- stand. The majority of the House, ac- dence. I think it is not prudent for us cepted, I disagree. This bill can be cording to House leadership, has not as a Senate to take it upon ourselves made better. been briefed on the program. to make the good-faith determination. When you say you deal with the in- Do you have any doubt that we may I think that is a determination that telligence function and not the con- not constitutionally delegate our au- should be made by a judicial tribunal, stitutional function—again, I sharply thorities to vote? disagree. We have to legislate on what Mr. WHITEHOUSE. Does the distin- it should be made with appropriate pro- is constitutional. We may have a dif- guished Senator yield me time to vision for confidentiality, and it should ferent opinion than Chief Judge Walk- reply? be made by the judicial agency that er, but we cannot ignore the question Mr. SPECTER. I would like a reply customarily makes good-faith deter- of constitutionality. If it takes 3 or 4 as to whether it is your view, as a con- minations. more years, we are talking about civil stitutional matter, Members of Con- It isn’t our legislative role to do rights and constitutional rights. gress can delegate their authority to that. So I agree with the concern of the Mr. ROCKEFELLER. My point. vote. distinguished Senator about this. I see Mr. SPECTER. This program has Mr. ROCKEFELLER. If the Senator it less as a constitutional limitation on been continued on a temporary basis. from Rhode Island would give me 30 my ability as a Senator to cast my It has been extended. The intelligence seconds, I would be grateful. vote, which I think is untrammeled. I chiefs have been satisfied with that. Mr. WHITEHOUSE. I have no objec- can cast my vote about things I know I don’t like to extend it. I would like tion, of course. nothing about, have not studied on, am to resolve it now. But if it takes the Mr. ROCKEFELLER. The fact of the totally uninformed, if I wish. It would courts longer—the Supreme Court matter, I say to the senior Senator be bad and imprudent for me to do it, ducked the Detroit case. If it takes from Pennsylvania, is that there are 37 but I do not believe the Constitution them years to decide this, that is the Members of the Senate who have been prevents me from doing it, so I see it price of constitutional rights. briefed on this matter—not 20 but 37. more as a matter of legislative pru- If you take a look at the history of We decided to do a little bit of home- dence. this country, if you take just one case, work: Fifteen on the Senate Intel- Mr. SPECTER. Madam President, Plessy v. Ferguson, in 1896, I believe, to ligence Committee, 19 on the Senate one final question. Does the Senator Brown v. Board in 1954, to eliminate Judiciary Committee, that is 34— from Rhode Island know of any case separate but equal, you come to a con- minus 4 crossover members; 2 leader- which has been pending in the Federal stitutional doctrine. ship on each side, Senator ROBERTS and courts for at least 3 years, as the tele- I am prepared to take my time, if I the Appropriations Committee chair- phone company case has, with the can find the requisite number of votes man and, I suspect, vice chairman, plus opinion by Chief Justice Walker in in this body. Senator LEVIN and Senator MCCAIN, July of 2006 and now pending on appeal Madam President, how much time re- who are ex officio. in the Ninth Circuit, where the Con- mains on each side? That is not bad. gress stepped in to take away the juris- The PRESIDING OFFICER. The Sen- Mr. SPECTER. Madam President, the diction by a grant of immunity as pro- ator from Pennsylvania has 20 minutes statistics I have are, out of the House posed in this legislation?

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6413 Mr. WHITEHOUSE. I am aware of indicated that it had been ‘‘determined that overrides FISA. I believe that the none. I cannot guarantee that our re- to be lawful,’’ the cases are to be dis- President’s claim to an inherent power, search has been complete and exhaus- missed and everybody is off the hook. a Commander-in-Chief override, de- tive. But, certainly, the recent efforts That is not a meaningful judicial in- rived somewhere from the interstices that Congress has done where an im- quiry. That doesn’t give the plaintiffs or penumbra of the Constitution’s arti- munity from liability has been an their day in court. It is not just a cle II will not prevail over the express issue, either responding to pandemics heavy thumb but a whole hand and arm provisions of FISA. or responding to vaccines, what Con- on the scales of justice, and I cannot Indeed, Chairman ROCKEFELLER gress has done there is to create an al- support it. seemed to concede as much this morn- ternative remedy. Here is what the report of the Select ing when he asserted that nothing in I am aware of no precedent for the Committee on Intelligence said in con- his bill should be taken to mean ‘‘that Congress of the United States stepping nection with reporting its earlier Congress believes that the President’s into ongoing litigation, choosing a win- version of retroactive immunity: program was legal.’’ He characterized ner and a loser, allowing no alternative The Committee has reviewed all of the rel- the administration as having made remedy. And I believe the constitu- evant correspondence. The letters were pro- ‘‘very strained arguments to cir- tional problem with doing that as a vided to electronic communications service cumvent existing law in carrying out separation of powers matter is particu- providers at regular intervals. All of the let- the President’s warrantless surveil- larly acute where the cause of action ters stated that the activities had been au- lance program.’’ At various points Sen- thorized by the President. All of the letters that is being litigated in the judicial ator ROCKEFELLER alluded to the ad- also stated that the activities had been de- ministration’s argument that the Au- branch is a constitutional claim. And termined to be lawful by the Attorney Gen- thorization for the Use of Military Judge Vaughan is listening to constitu- eral, except for one letter that covered a pe- Force was some sort of statutory over- tional claims. That is the subject mat- riod of less than sixty days. That letter, ride authority and the administration’s ter of the litigation. which like all the others stated that the ac- claim that the President has what Sen- So I believe it will be determined by tivities had been authorized by the Presi- ator ROCKEFELLER called ‘‘his all-pur- a court that ultimately this section of dent, stated that the activities had been de- pose powers,’’ which I understand to be the legislation is unconstitutional, in termined to be lawful by the Counsel to the the administration’s argument that in- violation of the separation of powers, President. So if anyone had any doubt where the herent authority from article II of the because we may not, as a Congress, Constitution creates a Commander-intake away the access of the people of criteria in the bill come from, there it is. Do those words seem familiar? Do Chief override, and said that these are this country to constitutional deter- not justifications for having cir- minations heard by the courts of this the criteria carefully worded for inclusion in the bill now make sense? cumvented FISA. country. Consistent with Justice Jackson’s Mr. SPECTER. Judge Walker is cer- I expect that the American people remember the testimony before the Judi- now well-accepted analysis in the tainly listening to constitutional Youngstown Sheet & Tube case, when claims. He may even be listening to the ciary Committee of James Comey and FBI Director Mueller about the period the President seeks to act in an area in Senate. Somebody may be listening on which Congress has acted and exercised of time when Attorney General C–SPAN 2. its authority, the President’s power is Ashcroft was in the hospital, senior ad- I thank the distinguished Senator at its ‘‘lowest ebb.’’ So I believe that visers at the Justice Department had from Rhode Island for his candid an- the President’s program of warrantless advised against extending approval for swers. wiretapping contrary to and in cir- the warrantless wiretapping program How much time is remaining? cumvention of FISA will not be upheld and the Counsel to the President, The PRESIDING OFFICER (Mr. LAU- based on his claim of some overriding Alberto Gonzales, went to John TENBERG.) The Senator has 13 and a article II power. I do not believe the Ashcroft’s hospital room seeking to get half minutes remaining. President is above the law. Mr. SPECTER. Mr. President, I re- Attorney General Ashcroft to override What is most revealing is that the serve the remainder of my time. the acting Attorney General’s con- administration has worked so fever- Mr. LEAHY. Mr. President, I strong- cerns. Some time thereafter, the pro- ishly to subvert any such independent ly oppose a blanket grant of immunity. gram was apparently adjusted in some judicial review. That sends a strong I also urge Senators to reject this ill- way, but only after FBI Director signal that the administration has no advised legislative effort to engineer a Mueller spoke to the President and sev- confidence in its supposed legal anal- specific outcome in ongoing Federal ju- eral high-ranking officers threatened ysis or its purported claims to legal au- dicial proceedings. No one should stand to quit the administration. That period thority. If it were confident, the ad- above the law in the United States. could account for the Select Com- ministration would not be raising all The administration circumvented the mittee on Intelligence’s reference to a manner of technical legal defenses but law by conducting warrantless surveil- letter and period of less than 60 days would work with Congress and the lance of Americans for more than 5 when it was the Counsel to the Presi- courts to allow a legal test of its con- years. They got caught. The press re- dent who had ‘‘determined’’ the activi- tentions and the legality or illegality ported this illegal conduct in late 2005. ties ‘‘to be lawful.’’ of its actions. Had the media not done so, this unlaw- Senator SPECTER has long said that This amendment now offered by Sen- ful surveillance may still be going on he supported judicial review of the le- ator SPECTER is more limited than I today. gality of the President’s warrantless would have liked. It says its purpose is When the public found out that the wiretapping program. During the last to allow the courts to review the con- Government had been spying on the Congress, when he chaired the Judici- stitutionality of the assistance pro- American people outside of FISA for ary Committee, he introduced a bill vided by the electronic communication years, the Government and the pro- that would have allowed the courts to services in connection with the providers were sued by citizens who be- review the legality of the administra- gram. Exactly how the courts get to lieved that their privacy rights were tion’s warrantless surveillance pro- such a review is not clear. Although I violated. That is why we have Federal gram. Unfortunately, he later modified do not believe that this expressly al- courts—so people can vindicate their the bill in his discussions with the lows the court to conduct the kind of rights before a fair and neutral tri- White House that made it unacceptable comprehensive judicial review required bunal, without interference from the and ineffective in my view and it was to make a real determination about other branches of government. never passed. I have always supported the legality of this program, and a fair Title II of this bill is apparently de- allowing the courts the opportunity to decision about the merit of these law- signed to terminate these lawsuits. It review the legality of those activities. suits, it nevertheless seeks in spirit to seems to reduce the role of the court to I believe that independent judicial provide judicial review. In the hope a rubber stamp. So long as the Attor- review will reject the administration’s that it might provide an avenue to ac- ney General will certify that the Gov- claims to authority from the Author- countability for the illegal actions of ernment requested the surveillance and ization for the Use of Military Force this administration, I will support it.

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6414 CONGRESSIONAL RECORD — SENATE July 8, 2008 In so doing I should note that I do Teddy Hustead, president of the pop- what we can do to address that issue in not believe that Congress can take ular South Dakota tourist stop Wall a way that makes matters better and away the authority of the Federal Drug, said tourist stops were down 1 not worse. courts to consider unconstitutionality percent in June. But he went on to say Trading since 2004 on the NYMEX Ex- or illegality in the course of meaning- that Wall Drug needs to be up 4 to 5 change has nearly tripled. So we need ful judicial review. Senator ROCKE- percent to be a healthy, growing, via- to make sure our farmers, our ranch- FELLER emphasized this morning that ble concern, and it is hard to grow a ers, our airlines, our trucking compa- the parties to the ongoing cases are to business when gas is increasing by 10, nies, have the opportunity and ability be ensured ‘‘their day in court’’ and 20, and 25 percent every single year. that they need to manage risk. That is that they are ‘‘provided the oppor- Sean Casey, the vice president of an- what those markets were created for. tunity to brief the legal and constitu- other popular South Dakota tourist We also need transparent markets tional issues before the court.’’ These destination, Bear Country USA, noted where all traders are subjected to the statements do not have meaning unless that visitation is down 7 percent for same sets of rules. the legal issues and constitutional the year 2008. And he went on to say: I believe we need more cops on the issues presented by these cases can be Energy is pinching us. I always joke beat. We need to make sure the CFTC considered. The value of the Specter that we are going to a model like the has the funding it needs to do its job amendment lies in making the issue of space shuttle—two visitors at $10 mil- and to enforce our laws. I think we can constitutionality explicit. lion each. do some things, such as codifying The PRESIDING OFFICER. The Sen- Jo Casky of the Spearfish Convention CFTC position limits and transparency ator from South Dakota. and Visitors Bureau noted that conven- for foreign boards of trade. I guess my Mr. THUNE. Mr. President, I ask tion is dropping because of high gas point is that there are a number of unanimous consent to speak as in prices. One particular convention was things we can do to address the impact morning business. booked with a prediction of 1,200 to that speculators may be having on the The PRESIDING OFFICER. Without 1,400 attendees. That is unlikely now price of energy in this country. And, objection, it is so ordered. because of the rising pump prices. frankly, I think that is a role and re- ENERGY Casky said: We are now at about 800. sponsibility that Congress should fill. Mr. THUNE. Mr. President, like so As soon as gas started getting to the $4 But if you take the weak dollar, and many of my colleagues, I spent the mark, we started to see reservations you take speculators out of the equa- week of the Fourth of July traveling back off. tion, we still have a major problem and my State of South Dakota. I met with High gas prices are having a dra- a major crisis in this country. That members of the general public at an en- matic impact on families, small busi- problem is that we have greater de- ergy forum, met with small businesses, nesses, the tourism industry, the air- mand for energy than we have supply. folks in the tourism industry. Every- line industry, the agricultural indus- We use about 86, 85 to 86 million barrels where I went it was the same story: try, and virtually every sector of the of oil every single day worldwide. Of High gas prices are crippling the Amer- American economy. that amount, the United States uses ican economy. I toured a UPS facility in Sioux about 20 million barrels or about 24 I remember stopping in the small Falls, SD. Many of my colleagues may percent of the total. Of that amount of town of Parkston and visiting with have heard what they are doing in 20 million barrels that the United someone who manages a small cafe´ terms of dealing with the price of fuel. States uses every single day, about 12 there, and visiting with them about the They actually now, as they diagram million barrels are imported. impact that high gas prices are having routes for their drivers, diagram routes In other words, 60 percent of the oil on their business. that only allow them to make right that we use every single day in Amer- She said: Well, it is not really the turns so they do not sit in a left-turn ica comes from outside the United weekend travelers, the RV owners, the lane and idle thereby using more en- States. We are transporting and ship- people who camp, but it is those people ergy. ping and transferring about a half tril- who are commuting to work every sin- My point is that people are taking lion dollars every single year of Amer- gle day who now do not have the extraordinary steps to deal with the ican wealth outside of the United money to eat out nearly as often. high cost of energy. Higher costs for States to petro dictators who are being Of course, Parkston is a small town. companies such as UPS, transportation enriched by that American wealth and It is about 20 miles, give or take, from companies, get passed on to consumers using it in ways that I think most of us Mitchell, SD. There are a number of in the form of higher prices for every- would disagree with; in fact, in many people who commute back and forth. It thing they buy. They are looking for ways to support terrorist organizations is those commuters who are feeling the leadership in Washington, DC. But in- in places around the world. most economic hardship as a result of stead of leadership, they have seen a Now, we cannot solve our dangerous high energy prices. decade of inaction, as arguably the dependance upon foreign sources of en- I attended my parents’ 65th wedding most important issue of impacting the ergy absent affecting that basic law anniversary in my hometown of Murdo. American economy has been left unat- and rule of supply and demand. We In my hometown, tourism, the visitor tended. have to find more energy in this coun- industry, is the very lifeblood of that We have done nothing to affect the try. We should be taking steps now to community. I grew up in that business, basic law of supply and demand. Some add supply and to reduce our demand. worked in restaurants, motels, that argue, and perhaps rightly so, that One of the things we need to continue sort of thing. And I even had a forum, high energy costs are partly a function to support and intensify, in my view, is as well, with members of the tourism of the weak dollar. They would be, as I our commitment toward renewable en- industry in South Dakota in Rapid said, accurate to say that because oil is ergy. I want to read something that City when I was home just to gauge the denominated in dollars. When it takes Tom Friedman said in an op-ed on June impact of high fuel prices on their indi- $1.57 to purchase a Euro, it is going to 29. The op-ed was titled ‘‘Anxious in vidual businesses. make anything denominated in dollars America.’’ The Rapid City mayor, who owns a more expensive. But he said: campground, said: I think we are going There are those who think specu- My fellow Americans. We are a country in to reach a tipping point where the very lators are driving up the cost of energy debt and in decline, not terminal, not irre- foundations of the travel industry in this country, and it is true that versible, but in decline. Our political system trading in energy commodities has in- seems incapable of producing long-range an- could be shaken. swers to big problems or big opportunities. Bill Honerkamp, president of the creased dramatically over the past 30 We are the ones who need a better func- Black Hills, Badlands and Lakes Asso- years since the exchanges were created. tioning democracy. More than the Iraqis and ciation said tourism fell about 7 per- I, for one, happen to believe we need to Afghans, we are the ones in need of cent in the region in May, and numbers look for ways to define the degree to nationbuilding as it is our political system for the rest of the summer are barely which speculation is impacting energy that is not working. holding steady. prices in this country and also look at He goes on to say:

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6415 I continue to be appalled at the gap be- We did not do it then, and now we are the day, we don’t solve the problem un- tween what is clearly going to be the next paying a price for it. Is it not our job less we get serious about increasing great global industry, renewable energy and as policymakers to be looking down our domestic supply of energy and re- clean power, and the inability of Congress and the administration to put in place the the road to future generations to make ducing and using less energy. When we bold policies we need to ensure that America decisions that are in the best interests do that, we will see the price per barrel leads that industry. of America’s future. There is not any start to come down, the price per gal- Well, one of the things that we did, issue, I would argue, that is more im- lon of gasoline start to come down, and and it was a moonshot in terms of re- portant to America’s future than en- we will see the American economy, in newable energy and making an invest- ergy security because it ties directly places such as South Dakota, where ment in our future, is the renewable into and correlates directly into our tourism and agriculture are so criti- fuels standard. Last December there national security. cally important, start to rebound and were 80 Senators who voted to increase We have to have more domestic sup- start to draw more visitors to the tour- the renewable fuels standard to 36 bil- ply, and the last thing we have to do is ism industry and to make sure our lion gallons by the year 2022. That was we have to use less. We have to find farmers continue to produce food and a policy that was put in place less than more sources of energy, more domestic fiber in a way that allows them to a year ago, and yet already we have sources of energy, so we do not con- maximize their return on investment people, Members of the Senate, politi- tinue to get 60 percent of that energy and not get choked with high input cians in Washington, who are talking from outside the United States. And we costs coming from higher energy costs. about rolling that back. That could be have to figure out ways in this country I hope before we adjourn for the Au- the absolute worst thing that we do. to use less energy. gust recess, we will come together be- We do not need less energy in this I have a bill that I have introduced. hind an energy proposal and plan that country, we need more energy in this I am on a bill that Senator MCCON- is good for America’s future, that em- country. We need more renewable fuels. NELL, the Republican leader, has intro- phasizes renewables, more domestic The 8 or 9 billion gallons of renewable duced which has 43 cosponsors. I have supply and production, and addresses energy that we produce in this country introduced a bill of my own to deal the important issue of conservation. every single year today is taking pres- with this energy situation. I am work- But we can’t do that by continuing to sure off gasoline and oil prices by, ac- ing with a group of both Republicans say no. I ask my colleagues on both cording to a study conducted by Mer- and Democrats. We need to put the pol- sides to quit saying no and to start rill-Lynch, up to about 15 percent. itics aside, the partisanship aside, and saying yes to America’s energy inde- In the current market economy that work on getting a solution for the pendence. Say no to our dangerous de- is about 50 to 60 cents per gallon of gas- American people. pendence upon foreign energy but yes oline. Someone has said it is ethanol In the bill that I introduced, one of to making America energy independent and corn prices that are driving up the the things I include is a provision that and making this country more pros- cost of everything we buy in this coun- requires that of additional Government perous for America’s future. try, and particularly with regard to lands that are leased for energy pro- I yield the floor. this whole food-versus-fuel debate. But duction—whether they be offshore, The PRESIDING OFFICER. The Sen- the American Truckers Association re- whether they be oil shale in the West- ator from Virginia. cently did a study which found that in ern States, whether it be ANWR, the Mr. WARNER. Mr. President, on be- late 2004 it cost about 16 cents per box lease revenue, half of the lease revenue half of the leadership and the floor of cereal to transport that box of cereal that comes into the Federal Govern- managers, I have been asked to pro- to the marketplace. Today it costs ment be plowed back into research and pound a unanimous-consent request about 36 cents per box of cereal. So we development and new technologies, in that the following Senators be recog- have seen a 20-cent increase in the renewables, alternative sources of en- nized, assuming they are here on the transportation cost for a box of cereal. ergy, things like plug-in hybrid cars, floor in time to be recognized: I will Couple that with the fact that the cellulosic advanced biofuels, hydrogen speak now for about 15 minutes, to be amount of corn in a box of Corn Flakes fuel cells. followed by Senator CARPER for 10 min- is about 10 cents per box, and you can Those are the types of things we also utes. I see my distinguished friend, the see what is driving up the cost of ev- need to be investing in to make sure Senator from Mississippi; if he could erything in our economy. It is the in- that not only are we increasing the indicate how much time he would like. creasing price per barrel of oil, increas- supply of energy in this country, the Mr. COCHRAN. About 8 minutes. ing price of energy in this country. amount that we have, but also that we We need to speed cellulosic ethanol Mr. WARNER. He is to be joined by are using less. to the marketplace. We need to in- Senator WICKER. We can do this. We can put aside the Mr. COCHRAN. Yes, he is in the crease the blends of ethanol. We need finger-pointing and the blame game not fewer gallons of renewable energy Chamber as well. and do something for our energy fu- in this country, we need more gallons Mr. WARNER. All right. ture. I believe when people come to- of renewable energy. I hope those in Mr. WICKER. About 8 minutes also. gether, and when they decide that this Washington, in the administration and Mr. WARNER. All right. And Senator is an important priority for America’s Congress, who are talking about con- STABENOW, I do not see her, but let’s sidering rolling back the renewable future, we can get this done. put her down for 10, and Senator But we can’t do it by saying no to fuels standard would reconsider that CORNYN. every proposal put on the table. My and think about the importance of re- Mr. CORNYN. I would need 15 min- newable energy and what it can do for colleagues on the other side—many of utes. If I can yield back some time, America’s future and our dangerous de- them; not all, but many—have said no that would be great. pendence on foreign sources of energy. to offshore production, no to oil shale, Mr. WARNER. With that in mind—I The second thing, of course, we have no to nuclear, no to coal to liquid, no do not see any other Senators seeking to do is we have to increase our domes- to additional refinery capacity. We recognition—I ask it in the form of a tic supply. That means the Outer Con- can’t solve this problem by saying no. unanimous consent. tinental Shelf. That means the oil We have to start saying yes to more The PRESIDING OFFICER. Without shale in places in the Western States. domestic production and to more meas- objection, it is so ordered. It means ANWR. It means coal to liq- ures that would allow us to conserve The Senator from Virginia. uid. It means nuclear. It means wind. and reduce the amount of energy we Mr. WARNER. Mr. President, I rise, We have all of these domestic energy use. We have to get serious about this along with the distinguished chairman supplies in this country, and we have issue. It starts with addressing that and ranking member of the Intel- heard people say it would take 5 to 100 fundamental law and rule of supply and ligence Committee on which I am priv- years to develop some of these energy demand. We can do all these other ileged to serve. I commend my chair- supplies. Well, that is what they were things, the dollar can start firming up, man and ranking member for the ex- saying 5 or 10 years ago about many of we can address the role of speculation traordinary capability with which they these same things. in the marketplace. But at the end of have handled this controversial issue of

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6416 CONGRESSIONAL RECORD — SENATE July 8, 2008 the FISA legislation and the biparti- lawful’’ The committee report added draft companies into compliance when sanship they have shown. Our com- the following: our Nation calls them to duty, ulti- mittee voted 13 to 2 on this measure On the basis of the representations in the mately our security will suffer. With- which is now before the Senate. Cur- communications to providers, the Com- out this retroactive liability provision, rently, we have the Bingaman and mittee concluded that the providers, in the I believe companies will no longer vol- Specter amendments. I join my chair- unique historical circumstances of the after- untarily participate. This will result in man and ranking member in opposing math of September 11, 2001, had a good faith a degradation of America’s ability to these two amendments. They seek in basis for responding to the requests for as- protect its citizens. sistance they received. Section 202 makes no one way or another to remove or It is for these reasons that I urge my assessment about the legality of the Presi- colleagues to oppose the Specter render useless one of the most impor- dent’s program. It simply recognizes that, in tant sections of the FISA Amendments the specific historical circumstances here, if amendment and any other amendment Act which is liability protection for the private sector relied on written represen- that would change the FISA Amend- the telecommunication carriers that tations that high-level Government officials ments Act. assisted our Government with the had assessed the program to be legal, they I yield the floor. I wish to conclude by saying that as President’s terrorist surveillance pro- acted in good faith and should be entitled to protection from civil suit. I view this situation, I liken the pri- gram or TSP. Without the title II li- vate sector that has responded to the ability protection, the other sections of The Senate Intelligence Committee believed, by a vote of 13–2, that the request of the Federal Government, the FISA Amendments Act would be- which has been given assurances by the come irrelevant because the carriers companies acted in good faith and that they deserve to be protected. I agree Federal Government, to the all-volun- would not cooperate in the authorized teer military force we have today. It is programs. and I believe that the TSP was legal, essential, and contributed to pre- imperative that within the private sec- This would be unfortunate, because tor there be elements, primarily these the FISA Amendments Act is a critical venting further terrorist attacks against our homeland. corporations and companies which piece of legislation for America’s have come forward to provide the tech- present and future security that But, even if one were to disagree that the President acted within his article nical assistance and also the facilities achieves an important balance between by which to implement the FISA pro- II powers, I cannot see the wisdom in protecting civil liberties and ensuring gram. They have done it by and large seeking to punish the carriers and that our dedicated intelligence profes- voluntarily. The program could not their shareholders for something the sionals have the capabilities they need succeed without their participation. Government called on the carriers to to protect the Nation. The bill ensures Therefore, they ask no more than what do with the assurance that the action that the intelligence capabilities pro- is justly owed to them, and that is pro- was legal. vided by the Protect America Act, en- tection from the lawsuits. I hope we The Specter amendment would put acted in August 2007, remain sealed in can turn back these two amendments the companies, and their millions of statute. and proceed to final passage and that shareholders, in legal limbo, waiting Reforming FISA has not been an easy the Senate will go on record as sup- while the Government litigates unre- process. I would like to thank Chair- porting the essential nature of the lated constitutional claims. Histori- man ROCKEFELLER and Vice Chairman FISA program. cally, the Supreme Court has been re- BOND for the work they have done to ENERGY CRISIS luctant to adjudicate constitutional garner bipartisan support for the FISA Mr. WARNER. Mr. President, I rise disputes between the political branches Amendments Act. It would be unfortu- to turn to the question that confronts of our Government, suggesting that a nate if that work were undone by one America today; namely, the energy cri- constitutional question could take of these amendments. sis. I use the word ‘‘crisis’’ advisedly, years to resolve, if it can be resolved. If passed, the Specter amendment because today no less than a third of would prohibit the dismissal of the Lawsuits against the companies would Americans are absolutely struggling lawsuits against the telecommuni- likely continue in the interim which night and day to find the funds nec- cations carriers if the President’s Ter- would: Have negative ramifications on essary to meet ever increasing food rorist Surveillance Program were our intelligence sources and methods; prices and ever increasing energy found to be unconstitutional by the likely harm the business reputations of prices. It is for that reason I have courts. With all due respect to my col- these companies; and cause the compa- taken a step. I wish to repeat that. I league from Pennsylvania, I believe nies to reconsider their participation— have simply taken a step to write the that whether the President acted with- or worse—cause them to terminate Secretary of Energy and to write the in his constitutional authorities should their cooperation in the future. Comptroller General, the head of the be treated separately from the issue of I believe it would be unfair to use pri- GAO, to determine what are the facts whether the carriers acted in good vate companies as a substitute to adju- relating to the 1973–1974 energy crisis, faith. dicate constitutional claims properly how America addressed that crisis, and The extensive evidence made avail- directed against the Government. My the actions taken by the President and able to the Intelligence Committee colleagues should keep in mind that in- the Congress in 1973–1974. Again, Con- shows that carriers who participated in dividuals who believe that the Govern- gress acted unanimously to back the this program relied upon our Govern- ment violated their civil liberties can President in imposing a national speed ment’s assurances that their actions pursue legal action against the Govern- limit, that speed limit for the purpose were legal and in the best interest of ment, and the FISA Amendments Act of lessening the demand for gasoline the security of America. does nothing to limit that legal re- and hopefully to have consequent sav- Mr. President, I would like to call course. As noted by my colleague from ings at the gas pump. the Senate’s attention to the report West Virginia, the case that was before That is a chapter in American his- which accompanied the version of the Judge Walker—which addresses a con- tory. I remember it quite well. I was FISA Amendments Act passed by the stitutional challenge against the gov- privileged at that time to be Secretary Senate Intelligence Committee by a ernment—can proceed. of the Navy. Indeed, the Department of vote of 13–2. Based on the committee’s Bottom line, companies who partici- Defense, although at war in Vietnam, extensive examination of the Presi- pate in this program do so voluntarily came forward and participated to try dent’s TSP, the report noted that the to help America preserve its freedom and help America work its way executive branch provided written di- and the safety—individually and col- through that energy crisis. The na- rectives to the carriers to obtain their lectively—of its citizens. I have long tional speed limit was the centerpiece assistance with the program. After its supported the idea of a ‘‘volunteer of that program. review of all of the relevant cor- force’’ for our military and I believe a I ask unanimous consent now to respondence, the committee concluded ‘‘volunteer force’’ of citizens and busi- print in the RECORD the letters I sent that the letters ‘‘stated that the activi- nesses who do their part to protect our to the Secretary of Energy and the ties had been authorized by the Presi- great Nation from harm is equally im- Comptroller General at the conclusion dent [and] had been determined to be portant. I fear that if we are forced to of my remarks.

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6417 The PRESIDING OFFICER. Without sons and other reasons can’t go out and receiving from those people who, objection, it is so ordered. get their meals. They rely upon a sys- frankly, feel very oppressed by this (See exhibit 1.) tem of volunteers to bring the meals to rapid development. Although it has in- Mr. WARNER. I thank the Presiding their homes. But that program is be- creased basically a dollar a gallon in Officer. ginning to founder because the volun- the last year, so much of it has come Again, I am not taking a position teers simply cannot afford the addi- on in the last 120 days, unanticipated that at this time we should invoke a tional cost of gasoline. I don’t know in speed and causing great hardship new initiative in the Congress to pass about my colleagues, but this causes here at home. legislation calling for a national speed me severe heart palpitations and con- I yield the floor. limit because I simply do not have the cern. The reporter said to me, when he EXHIBIT 1 facts. I am on a fact-finding mission. interviewed me on this an hour or so U.S. SENATE, But if those facts come forward, as I ago, a national reporter: All right, Sen- Washington, DC, July 3, 2008. believe they will, and show that this ator, are you willing to drive at a slow- Hon. SAMUEL W. BODMAN, will help alleviate and lessen the de- er rate? What sort of car are you driv- Secretary of Energy, mand at the pump and the cost to the ing? Washington, DC. American citizen, then I am quite like- I told him what type of car I drive. I DEAR SECRETARY BODMAN: I write today ly to try—more than that, I am quite said: There are occasions when I drive with respect to the high cost of gasoline. probably going to try—and garner sup- Today, the average cost of a gallon of reg- over 55 miles an hour, 60 miles an hour, ular gasoline is more than $4.10. This is an port on both sides of the aisle to push sometimes 65. But I am willing to give increase of well over a dollar a gallon from a forward with this legislation. I say so up whatever advantage to me to drive year ago. because I come back again to about a at those speeds with the fervent hope As you know, each and every day, Ameri- third of America at this point in time that that modest sacrifice on my part cans struggle to cope with this rapid, record is frantically trying to make ends will help those people across this land increase in fuel costs. Across the United meet. We have to come up with a solu- tonight and tomorrow and in the in- States, individual Americans are taking their own initiatives to find ways to reduce tion. We have to lead in the Congress, definite future dealing with this finan- and hopefully the President will join. gas consumption through driving less, alter- cial crisis. ing daily routines, and even changing or can- We have that duty. I point out also that in 1973–1974, celling family vacation plans. Therefore, these two letters going to, these were automobiles, how well I re- To date, as far as I can determine, the fed- certainly, the GAO, an impartial arbi- member, without growth of the quick eral government has taken few, if any, ini- ter of the facts and finder of the facts, production lines that started after tiatives to join in this national effort to help will provide this Chamber with the in- World War II. America was flourishing. address this ever increasing crisis. formation necessary to make an in- Then all of a sudden, the Arabs put an I believe it is essential that we continue to modernize our energy infrastructure and de- formed judgment as to whether to go oil embargo on this country and took forth with legislation. I deem that the velop a reliable, commonsense American en- away our ability to get fuel. The Presi- ergy strategy—one that includes new sup- Secretary of Energy will reflect, quite dent reacted quickly. The Congress replies from domestic exploration and extrac- understandably, the policy of an ad- acted quickly. We put in that limit. In tion, encourages conservation, and promotes ministration toward such a measure to due course, the pressure on the pump the use and advancement of clean, renewable bring about alleviation of the pressures declined and gas fell to about $2 a gal- energies. at the gas pump today and on families. lon. In 1995, 20 years after the enact- I am among a group of many senators Again, this step is in the category of ment of this legislation by the Con- today who are working in a bipartisan fashion to find a solution. For the past several conservation of energy. My col- gress and the President, the 55 miles leagues—and I have participated with years, I have supported permitting the Com- was lifted. Mind you, it wasn’t one monwealth of Virginia to explore and extract them—are looking at, in my opinion, President; it was a series of Presidents energy offshore if its Governor and General three areas of addressing this problem: who endorsed this program of conserva- Assembly so desire. This concept has just re- short-term, which is conservation, that tion in terms of the reduction of speed. cently gained the support of the administra- is the only way to bring about some I don’t know. At one time I used to be tion and a growing number of colleagues in immediate measure of relief; secondly, a pretty good mechanic on auto- Congress. intermediate steps, which I outlined in mobiles, but they have now gotten a However, the truth is that new technologies and new sources of energy will not my speech here; and lastly, the long degree of complexity that is beyond my term. Much has been said about long- provide meaningful relief for years to come grasp. I rely on my son, who has de- as new technologies are developed and as term steps. I take pride and push aside voted much of his life to auto racing. new sources of energy are discovered and ex- any sense of humility because for sev- He is a wonderful mechanic and an tracted. We must be straight with the Amer- eral years I have stood on this floor engineer on cars. He said the ican public and not raise hopes that these ef- and urged offshore drilling, even put carburetion system—he argued with forts will provide immediate solutions and forth a measure here in this body me about this when I spent the past possible relief. which was defeated which called for the weekend with him—shook his fist at There are ways to give some immediate re- right of my State, Virginia, and such me: I don’t want this 55-mile-per-hour lief. In my view: new conservation efforts are other States that might wish to join, the quickest way to see an immediate reduc- limit. And that is good advice. But he tion in the price of gas at the pump. The through the Governor and the State said the carburetion systems in cars American public is already doing its part legislature’s participation, agreeing to today are better than they were in 1973 through individual means of cutting back. drilling offshore of Virginia for gas. I and 1974, and I judge that to be the On a federal level, on May 22, 2008, Senator am not suggesting I brought about a case. Bingaman and I introduced, and the Senate change of thinking in the administra- So I asked in my letters: Analyze the unanimously passed by voice vote, a sense- tion, but the President now supports technical capabilities of the cars of-the-Senate resolution (S. Res. 577) that that concept. Indeed, a number of my today, and could we anticipate bring- urged the President to initiate, among all colleagues now support that concept. I federal departments and agencies of the ex- ing about a savings at the gas pump by ecutive branch, a reduction of their daily opine that I believe in due course the virtue of a national speed limit? So we consumption of gasoline—if only by a small Congress will provide the President have to get the facts and put them to- percentage. with legislation to take those impor- gether. To my knowledge, the administration has tant steps. But that offshore drilling But I ask my colleagues, as they pro- not responded to the Senate’s action. In the will not lessen the price today at the ceed to work on this issue—and I am absence of pending administration action, pump. all for the renewables, but that is long Congress should join with the public and It will not help a case which was the term. Offshore drilling: long term. We make the concepts in the sense-of-the-Sen- final straw to decide that I would em- ate resolution a mandatory law. have to focus now on what measures we Turning to another concept, I call to your bark on this course, when I read an ar- can take to help people now, if not long attention action taken by the Congress and ticle about the meals on wheels pro- term. the executive branch during a similar petro- gram where the shut-ins at home, who I know colleagues are getting the leum shortage that occurred in 1973 and 1974. for economic reasons and physical rea- same calls and the same letters I am In January 1974, the President signed into

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law ‘‘The Emergency Highway Energy Con- U.S. SENATE, year from highway accidents. Given the sig- servation Act’’ (public Law 93–239), which Washington, DC, July 8, 2008. nificant increase in the number of vehicles passed both the House and Senate unani- Hon. GENE DODARO, on America’s Highway system from 1974 to mously. This law was enacted in an effort to Acting Comptroller General of the United States, 2008, one could assume that the amount of conserve fuel. Government Accountability Office, Wash- fuel that could be conserved today is far Specifically, the law put forth induce- ington, DC. greater. ments for states to reduce speed limits to 55 DEAR MR. DODARO: I write today with re- Given the fuel savings of the act, and the miles per hour (mph) on all major highways. spect to the high cost of gasoline. Today, the resulting significant decrease in highway fa- Failure to do so would jeopardize the ability average cost of a gallon of regular gasoline is talities attributable to the national speed of states to secure federal highway funds. more than $4.10. This is an increase of well limit, Congress made the national speed The law was originally intended to be tem- over a dollar a gallon from a year ago. limit permanent in December 1974. In 1995, porary, ceasing to be in effect if the Presi- As you know, each and every day, Ameri- the law was repealed. dent declared that there was no longer a fuel cans struggle to cope with this rapid, record The purpose of this letter is to ask you to shortage or on or after June 30, 1975, which- increase in fuel costs. Across the United study this era of conservation, as I have, to ever occurred first. States, individual Americans are taking determine whether the administration, with According to a Congressional Research their own initiatives to find ways to reduce the support of Congress, should take similar Service report, the law resulted in reduced gas consumption through driving less, alter- action today. consumption of 167,000 barrels of petroleum a ing daily routines, and even changing or can- According to the U.S. Department of En- day, a roughly 2 percent reduction in the na- celling family vacation plans. ergy, engineering data shows that fuel effi- tion’s highway fuel consumption. In addi- To date, as far as I can determine, the fed- ciency decreases rapidly above 60 mph. Spe- tion, the National Academy of Sciences eral government has taken few, if any, ini- cifically, for every 5 mph an individual found that the law saved up to 4,000 lives per tiatives to join in this national effort to help drives over 60 mph, that individual essen- year from highway accidents. Given the sig- address this ever increasing crisis. tially is paying an extra 30 cents per gallon nificant increase in the number of vehicles I believe it is essential that we continue to in fuel costs. on America’s highway system from 1974 to modernize our energy infrastructure and de- As Congress continues to look for ways to 2008, one could assume that the amount of velop a reliable, commonsense American en- ease this national problem, I ask you to ex- fuel that could be conserved today is far ergy strategy—one that includes new sup- amine the following questions: greater. plies from domestic exploration and extrac- (1) Given the significant technological im- Given the fuel savings of the act, and the tion, encourages conservation, and promotes provements in automobile design and func- resulting significant decrease in highway fa- the use and advancement of clean, renewable tion since 1974, at what speed is the typical talities attributable to the national speed energies. vehicle traveling on America’s highways limit, Congress made the national speed However, the truth is that new tech- today most fuel efficient? limit permanent in December 1974. In 1995, nologies and new sources of energy will not (2) If a national speed limit was enacted the law was repealed. provide meaningful relief for years to come similar to the 1974 law, but the speed limit The purpose of this letter is to ask you to as new technologies are developed and as under that law was consistent with most fuel study this era of conservation, as I have, to new sources of energy are discovered and ex- efficient speed for the typical vehicle trav- determine whether the administration, with tracted. We must be straight with the Amer- eling on America’s highways, what would be the support of Congress; should take similar ican public and not raise hopes that these ef- a reasonable projection for total fuel sav- action today. forts will provide immediate solutions and ings? And, what would be the savings for the According to the U.S. Department of En- possible relief. average citizen who owns and operates a ve- ergy Web site, engineering data shows that There are ways to give some immediate re- hicle? fuel efficiency decreases rapidly above 60 lief. In my view, new conservation efforts are (3) If a new national speed limit was en- mph. Specifically, for every 5 mph an indi- the quickest way to see an immediate reduc- acted consistent with the two questions list- vidual drives over 60 mph, that individual es- tion in the price of gas at the pump. The ed above, how many fewer barrels of petro- sentially is paying an extra 30 cents per gal- American public is already doing its part leum a day would Americans consume? Is it lon in fuel costs. through individual means of cutting back. reasonable to believe that there would be a As Congress continues to look for ways to On a federal level, on May 2, 2008, Senator reduction in price at the pump? And, if so, ease this national problem, I put to you the Bingaman and I introduced, and the Senate what are the ranges you could project for following questions. I will share your re- unanimously passed by voice vote, a sense- cost reductions? sponses with my colleagues. of-the-Senate resolution (S. Res. 577) that (4) If the federal government took the ini- (1) Given the significant technological im- urged the President to initiate, among all tiative to reduce its oil consumption, con- provements since 1974, at what speed is the federal departments and agencies of the ex- sistent the concepts of the sense-of-the-Sen- typical vehicle traveling on America’s high- ecutive branch, a reduction of their daily ate resolution (S. Res. 577) how many fewer ways today most fuel efficient? consumption of gasoline—if only by a small barrels of petroleum a day would be saved by (2) If a national speed limit was enacted percentage. the federal government? similar to the 1974 law, but the speed limit To my knowledge, the administration has Given that Congress is vigorously consid- under that law was consistent with most fuel not responded to the Senate’s action. In the ering all options, your response to this re- efficient speed for the typical vehicle trav- absence of pending administration action, quest could be of great help to my colleagues eling on America’s highways, what would be Congress should join with the public and and me. a reasonable projection for total fuel sav- make the concepts in the sense-of-the-Sen- With kind regards, I am ings? And, what would be the savings for the ate resolution a mandatory law. Sincerely, average citizen who owns and operates a ve- Turning to another concept, I call to your JOHN WARNER. hicle? attention action taken by the Congress and Mr. SPECTER addressed the Chair. (3) If a new national speed limit was en- the executive branch during a similar petro- The PRESIDING OFFICER. The Sen- acted consistent with the two questions list- leum shortage that occurred in 1973 and 1974. ator from Pennsylvania. In January 1974, the President signed into ed above, how many fewer barrels of petro- Mr. SPECTER. Mr. President, the leum a day would Americans consume? Is it law ‘‘The Emergency Highway Energy Con- reasonable to believe that there would be a servation Act’’ (Public Law 93–239), which pending business on the Foreign Intel- reduction in price at the pump? And, if so, passed both the House and Senate unani- ligence Surveillance Act is an amend- what are the ranges you could project for mously. This law was enacted in an effort to ment which I have pending, No. 5059. cost reductions? conserve fuel. We started at 4 o’clock, and we are due (4) If the federal government took the ini- Specifically, the law put forth induce- for 2 hours. I stepped off the floor for tiative to reduce its oil consumption, con- ments for states to reduce speed limits to 55 just a few minutes for necessaries and sistent the concepts of the sense-of-the-Sen- miles per hour (mph) on all major highways. have come back to find a unanimous ate resolution (S. Res. 577) how many fewer Failure to do so would jeopardize the ability barrels of petroleum a day would be saved by of states to secure federal highway funds. consent proposal for some six speakers. the federal government? The law was originally intended to be tem- I have talked to a number of Senators Given that Congress, upon its return next porary, ceasing to be in effect if the Presi- on the floor, and they are in morning week, will be vigorously considering all op- dent declared that there was no longer a fuel business. tions, your response to this request could be shortage or on or after June 30, 1975, which- It seems to me the orderly procedure of great help to my colleagues and me. ever occurred first. would be to allow us to finish our bill. Again, years ago, the Emergency Highway According to a Congressional Research I understand any Senator can come out Service report, the law resulted in reduced Energy Conservation Act worked. The ad- and ask for unanimous consent. But, ministration’s advice, after examining this consumption of 167,000 barrels of petroleum a era and these concepts, would be helpful. day, a roughly 2 percent reduction in the na- candidly, my good friend from Vir- With kind regards, I am tion’s highway fuel consumption. In addi- ginia, I wish you had given me notice. Sincerely, tion, the National Academy of Sciences Mr. WARNER. Mr. President, I felt I JOHN WARNER. found that the law saved up to 4,000 lives per was acting at the personal request of

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6419 Chairman ROCKEFELLER and the rank- Mr. WARNER. Mr. President, I will the need to protect our country and the ing member when I did this. I inquired not object. I wish to thank my col- safety of our citizens and, on the other on the floor as to the desires of other league for what I think is a very fair hand, the need to preserve our civil lib- Senators. I regret, my dear friend, I resolution to this situation. erties. would not have done this in any way to Mr. CARPER. Mr. President, may I All too often, the Bush administra- deter your ability to do what you feel be recognized? tion’s approach has been, at least in you have to do on this bill. The PRESIDING OFFICER. Is there my judgment, misguided. Many oppo- So at this point in time, certainly objection? nents of the FISA legislation before us the floor is open to additional unani- Mr. CARPER. Mr. President, reserv- are rightly concerned that civil lib- mous consent. But I do bring to your ing the right to object, I am told we erties have been ignored and in some attention the Senators who are cur- cannot shift the time until tomorrow. I cases violated. rently in the Chamber are here as a am told we need to use the time that I believe that is why, to some extent, consequence of the UC that I proposed has been allocated today. That is my many critics of this bill have focused at the request of the two managers. understanding. so heavily—almost exclusively, in Mr. SPECTER. Well, with all due re- Mr. SPECTER. Mr. President, will fact—on the legislation’s retroactive spect to my good friend from Virginia, the Senator repeat his reservation, immunity provisions. I regret the ma- I was on the floor all afternoon, you please. jority of my colleagues in the House sitting there and me sitting here. But Mr. CARPER. Mr. President, I under- and the Senate do not see eye to eye that is water over the dam. stand—and I look to the Parliamen- with those critics regarding immunity. My request, Mr. President, is that— tarian and to the Presiding Officer—I However, I wish to take a few minutes the only Senator on this list who I am told the Senate is required to use to explain why most of us who support have ascertained is going to speak to the time that has been allocated for this bill in its amended form believe the bill is Senator CARPER; he is on the the discussion of these amendments that granting immunity is fair. list now for 10 minutes—we conclude today, and there is additional time for During the extraordinary national the bill, or the alternative: to move it tomorrow in tomorrow’s debate be- emergency that followed the Sep- ahead with the balance of the times re- fore we begin voting. But we need to tember 11 attacks upon our Nation, the served until tomorrow morning. use up the time that is allocated for Federal Government reached out— Mr. WARNER. Mr. President, again, this afternoon and this evening. Mr. SPECTER. Mr. President, will Senators on the floor can certainly I would inquire of the Presiding Offi- the Senator from Delaware yield for a speak for themselves, but I point out I cer, is that your understanding as well? moment? think the Chair advised the managers Mr. SPECTER. Mr. President, par- Mr. CARPER. Mr. President, I am as to the time remaining on both sides liamentary inquiry: I heard the Chair happy to yield to the Senator from of the bill. Am I not correct, I ask the Presiding say there is 10 minutes remaining of Pennsylvania. Officer? Could you inform the Senate my time. Mr. SPECTER. Mr. President, I un- as to the times remaining under the UC The PRESIDING OFFICER. The Sen- derstand the Senator from Delaware is to which my good friend from Pennsyl- ator is correct. using time from Senator ROCKEFELLER. vania refers? Mr. SPECTER. Well, that time is Mr. CARPER. That is correct. The PRESIDING OFFICER. The Sen- yielded to Senator CARPER, so that Mr. SPECTER. So my time would re- ator from Pennsylvania has 10 minutes would take all the time allotted to this main. I had thought there was 13 min- remaining. The Senator from West Vir- Senator. utes remaining. Is there only 10? ginia has 33 minutes remaining. The The PRESIDING OFFICER. Does the The PRESIDING OFFICER. Ten min- Senator from New Mexico has 14 min- Senator withdraw his unanimous con- utes is all that remains. utes. The Senator from Missouri has 5 sent request? Mr. SPECTER. I thank the Chair, minutes. The Senator from Con- Mr. SPECTER. Well, there has been and I reserve the remainder of my necticut has 21 minutes. an objection to it, as I understand. time, however the scheduling may Mr. WARNER. Mr. President, I leave The PRESIDING OFFICER. Is there work out. it to the Chair to address that. I think objection? The PRESIDING OFFICER. Without the Senator from Pennsylvania should Mr. CARPER. Reluctantly, I must objection, it is so ordered. be recognized for the purpose of his 10 object. Mr. CARPER. Reclaiming my time, if minutes, but I am not sure we are in a The PRESIDING OFFICER. Objec- I may, Mr. President, during the ex- position to foreclose other Senators tion is heard. traordinary national emergency that who have been waiting here patiently The Senator from Delaware. followed the September 11 attacks to address the Senate on other mat- Mr. CARPER. Mr. President, I be- upon our Nation, the Federal Govern- ters. lieve under the unanimous consent ment reached out to some of America’s It seems to me the Senator from agreement entered earlier, I am recog- major telephone carriers. We asked Pennsylvania should revise the request nized for 10 minutes, and I ask unani- them to help intercept communica- to enable him to have his 10 minutes mous consent that my time be counted tions between sources in our country and Senator CARPER his 10 minutes and against time controlled by Senator and terrorists located overseas. then allow the Chamber to proceed ROCKEFELLER. A number of our phone companies re- with other matters. It seems to me The PRESIDING OFFICER. Without sponded in good faith and agreed to that is a fair resolution to this prob- objection, it is so ordered. help. They did so, however, only after lem. Mr. CARPER. Mr. President, I rise receiving written directives from our Again, I apologize if I was acting—as today to speak in support of the FISA Government’s senior national security I was so asked to do—contrary to the compromise legislation that is before and law enforcement officials that Senator’s wishes. us this week. I believe reasonable peo- their cooperation—the cooperation of Mr. SPECTER. Mr. President, with ple can disagree about this measure, the telecommunications companies— respect to waiting, I have been here and I certainly respect the views of was both lawful and constitutionally since 11 o’clock this morning on this those who oppose it. But I wish to take sound. bill. a moment this afternoon to explain, It does not seem fair, at least to me, Mr. President, I ask unanimous con- first, why I am supporting this bipar- that these companies now should be sent that Senator CARPER be recog- tisan compromise and, second, to en- made victims of their own good-faith nized, as he is, for 10 minutes, and that courage my colleagues and others to do cooperation and assistance in the ongo- the other Senators subject to the unan- so as well. ing fight against terrorism. That is imous consent request be accorded the All of us know we live in a dangerous why I support immunity for phone time given to them, and that the re- world today. We face serious threats to companies that can demonstrate in mainder of the time reserved be sched- our safety and to our security. At the Federal court that their participation uled for tomorrow at the discretion of same time, we face a difficult bal- in the program was found to be lawful the majority leader. ancing act between, on the one hand, by the Bush administration.

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6420 CONGRESSIONAL RECORD — SENATE July 8, 2008 With that said, however, I believe the The PRESIDING OFFICER. The Sen- control costs, a long-term solution issue of immunity has taken on a sig- ator has 10 minutes remaining. that recognizes the importance of in- nificance that goes beyond its actual MEDICARE creasing Medicare reimbursements, importance. This is not to suggest that Mr. COCHRAN. Mr. President, I and a long-term solution based on bi- immunity is unimportant, but the think the Senate should support an 18- partisan compromise. Anything less is more critical aspects of this FISA bill month extension of current Medicare not sustainable. seem to have been overlooked. In my law with the inclusion of a 1.1-percent UNANIMOUS CONSENT REQUEST—S. 3118 view, those portions of the bill matter increase in physician reimbursements. Mr. COCHRAN. Mr. President, I ask more—much more. We should also make an effort to iden- unanimous consent that the Senate Rather than looking backward, at tify long-term improvements that will proceed to the immediate consider- immunity, our real focus should be on strengthen a system that is badly in ation of Calendar No. 776, S. 3118, a bill what this FISA bill does going forward. need of repair. to preserve Medicare beneficiary access I believe this legislation strikes the New legislation is important and ur- to care. I further ask unanimous con- right balance in providing our intel- gent because of the expiration on June sent that the bill be read a third time ligence networks with the tools they 30, 2008, of the Medicare, Medicaid, and and passed and the motion to recon- need to protect our country without di- SCHIP Extension Act. This extension, sider be laid upon the table. minishing our civil liberties. The ad- which was signed on December 29, 2007, The PRESIDING OFFICER. Is there ministration has overreached on this delayed cuts to payments under the objection? front before. The FISA legislation be- physician fee schedule from taking ef- Ms. STABENOW. Reserving the right fore us, though, is a significant im- fect until July 1, 2008. to object. provement over current law and will Unfortunately, despite the knowledge The PRESIDING OFFICER. The Sen- help to ensure that neither this admin- that bipartisan negotiations were on- ator from Michigan is recognized. istration nor the next administration going and could have achieved passage Ms. STABENOW. Mr. President, re- will overreach again. in time to prevent these cuts, the ma- serving the right to object, I would Now, how does it do that? First of all, jority leadership chose to force a vote first indicate to my friend, the Senator this compromise bill makes it crystal on H.R. 6331, a bill which the adminis- from Mississippi, that, in fact, we have clear that FISA is the exclusive means tration had promised to veto. My vote a bill in front of us that had 355 votes— to conduct surveillance, ensuring that against the immediate passage of H.R. a huge bipartisan majority—that ad- neither this President nor our next 6331 was a vote to protect the bene- dresses strengthening Medicare for our President can go around the law. ficiaries of Medicare and ensure their seniors. We are only 1 vote—1 Repub- Second, the bill mandates reports by access to affordable and high-quality lican vote—shy of passing it here in the the inspectors general of the Justice health care in the future. The fact is Senate. Department, the Department of De- that providing health care to the con- My colleague also raises the concern fense, and our intelligence agencies stituents we represent must remain about cutting Medicare Advantage. that will provide the relevant congres- one of our top priorities. It is a priority There are no Medicare Advantage cuts sional committees here and in the that should transcend party politics. in the rates in this bill at all. There is House with the information we need to In its current form, H.R. 6331 includes a small change that doesn’t even start conduct needed oversight. over $17 billion in new spending that until 2011. Third, the compromise bill—this comes at the expense of some of Medi- So as a result of the fact that we compromise bill—establishes a shorter care’s more vulnerable participants, have in front of us a bill to imme- sunset period of 41⁄2 years instead of and it restricts seniors’ private cov- diately address the concerns about ac- what had been proposed earlier, 6 erage through cuts to Medicare Advan- cess that my colleague has raised, I years. In addition, this compromise tage plans. Medicare Advantage is an would object to his unanimous consent bill—for the first time—requires FISA important and widely used program request. Court warrants for surveillance of that offers seniors quality health care The PRESIDING OFFICER. Objec- Americans overseas. at a low cost. This bill would result in tion is heard. I applaud both Senator ROCKEFELLER a $13.6 billion cut from Medicare Ad- The Senator from Mississippi is rec- and Senator BOND, as well as my vantage over the next 5 years and a $50 ognized. friend, Congressman STENY HOYER of billion cut within 10 years. Specifi- Mr. WICKER. Mr. President, I am Maryland, for their collective work in cally, over 2 million seniors would lose disappointed that the Senator from negotiating this compromise. They access to their private fee-for-service Michigan has objected to the unani- know, as I do, that this compromise is plans, reducing benefits to a one-size- mous consent request. I certainly hope, not ideal. It is not perfect. But, in my fits-all plan and reversing what the though, that we can have a conversa- view, it is the best bill we can agree on program was intended to do in the first tion about this issue and move eventu- at this time. It represents the best place. ally to the consideration of S. 3118 as chance we have today to protect both This issue is particularly relevant in Senator COCHRAN suggested. our national security and our civil lib- my State. Seventy-nine percent of the The American Medical Association erties. people in my State who are enrolled in has requested an 18-month fix—an 18- For all these reasons, I am sup- Medicare Advantage plans are also en- month extension—to give the medical porting this legislation. I hope my col- rolled in private fee-for-service plans. I community and Congress time to enact leagues—Democratic and Republican— cannot in good conscience vote for a a permanent fix to the sustainable will join me in supporting the efforts of bill that would put their access to growth rate formula. This legislation— those who have crafted it. health care in jeopardy. the Grassley bill—would provide for Mr. President, if I could, I wish to The Senate should work to develop a this 18-month extension. It would also end today with a pledge: Should this bill that will accurately reflect the provide an 18-month extension with a bill pass and be signed into law—and I cost of providing quality care. If we one-half percent increase in 2008 and a hope it will—I will work with my col- don’t, we risk a disruption in physician 1.1-percent increase in 2009 in physician leagues in the next Congress and with services to those who need care the reimbursement. This, I might add, is the next President and his administra- most and we risk increasing the cost of identical to the provision in the tion to make additional improvements health care. We must mitigate the neg- Stabenow bill, S. 2785, the Save Medi- that our country and our citizens may ative impact of expiring provisions on care Act, which was, in fact, a bipar- need and deserve. providers and benefits. tisan bill and a bill I was happy to co- I yield the floor. The first step is to extend the cur- sponsor. The PRESIDING OFFICER. The Sen- rent Medicare law until a compromise The bill Senator COCHRAN just asked ator from Mississippi. can be reached. We all understand that for unanimous consent to consider also Mr. COCHRAN. Mr. President, I temporary fixes can only carry us so increases Medicare payments for think under the order there is time for far. We need a long-term solution that ground ambulance services, it extends me to speak at this point. fixes the sustainable growth rate to the authorization for the Medicare

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6421 Rural Hospital Flexibility Program proval rating—and this is all in the The PRESIDING OFFICER. The jun- grants, and it provides important pro- CONGRESSIONAL RECORD, page S6233 of ior Senator from Mississippi must visions for community hospitals and the CONGRESSIONAL RECORD, if Mem- know that his time has expired. for rural home health care. bers would like to follow along—he Mr. WICKER. I wonder if I may have The bill does make certain non- mentioned the President’s approval an additional 2 minutes, Mr. President. controversial changes to the Medicare rating. He mentioned numbers of peo- I don’t see anyone here at this mo- Advantage Program. It also extends ple in the Senate who are up for reelec- ment. I wonder if I may have an addi- critical programs involving Medicare, tion this year, and he even mentioned tional 2 minutes to wrap up. and it eliminates the double IME wind- polling before suggesting that his Re- The PRESIDING OFFICER. Without fall to Medicare Advantage Programs. publican friends did not truly want to objection, it is so ordered. But it doesn’t contain the controver- prevent these cuts from taking effect. Mr. WICKER. I thank the Chair. sial provider offsets that the legisla- There is not a single Member of the There is overwhelming support for tion which was offered by the majority Senate who wants these cuts to take fixing the sustainable growth rate. leader would have done and which the effect. There is not a single Member of Doctors deserve better than to be in- President promised to veto. the House of Representatives who voluntarily paired with a poison pill The legislation Senator COCHRAN just wants these cuts to take effect. But the provision that cannot pass this Con- asked unanimous consent to consider majority leader said that night: The gress on its own merits. I repeat, there could be passed tonight, sent to the only way out of this is to accept this is not a single Member of this Senate President for his signature tomorrow, legislation; it is this legislation or who wants these cuts to go into effect. and the Members of the majority party nothing, in effect. I will say this much The issue of Medicare Advantage is in this Congress could claim a victory, for the distinguished Democratic lead- so important because of the competi- and a bipartisan victory at that. er of the Senate: He was open and tion. If we are ever going to solve the I believe it is important for people to frank about what is really at issue future of funding on the issue of Medi- understand the history of this legisla- here. This is very much about this care as a whole, if we are going to have tion. year’s elections and less about pre- that goal that the AMA wants of 18 The Senate and House have been leg- venting the cuts to doctors. months to look at a permanent fix to islating to prevent these provider cuts Now, what are we wrangling about this issue, if we are going to prevent from going into effect since the year here? We are wrangling about the off- the train wreck that looms a few short 2002. For the past 6 years, as a Member sets to prevent the cuts from going years from now on the funding of Medi- of the House of Representatives, I have into effect, particularly what it would care as a whole, then we are going to voted numerous times to prevent these have done to Medicare Advantage, a have to inject competition. But let’s physician cuts from going into effect, program that some 22,000 Mississip- not use it as a political football. Let’s and each time, these cuts have been pians depend upon and a program I not adopt offsets on which there have prevented. That has been done on a would like to protect for them. been no hearings. Let’s not change nonpartisan, bipartisan basis without basic Medicare policy in the form of a Now, we have a disagreement. The political wrangling. pay-for for a temporary fix. Indeed, this year, just a few days ago, Senator from Michigan sees this dif- What we are looking at is two vastly before the Fourth of July recess, Chair- ferently than I do. There are people different approaches to health care re- man BAUCUS and Ranking Member who would tell you that the bill offered form: the traditional Medicare, one GRASSLEY were on the verge of pre- to us that night would have gutted the size fits all, take it or leave it, that senting a bipartisan package which Medicare Advantage Program. Medi- would lead us to a Canadian-style, sin- would have prevented these cuts from care Advantage offers seniors a choice gle-payer type plan for the entire going into effect and prevented this en- between regular Medicare and tradi- United States of America, or injecting tire controversy. They were moments tional insurance in the form of Medi- this little bit of competition to see if away before the rug was pulled out care Advantage. These insurers offer we can help control the cost of the from under them by the leadership in the same services as traditional Medi- Medicare Program. That is what we are this body. care, but in addition, they offer options making this stand about, and that is Why is it different this year? Why Medicare does not. In Mississippi, this why I hope eventually we will adopt have we been able to do this on a non- means seniors may choose to have in- the unanimous consent request Sen- creased coverage of things such as dia- partisan basis, prevent these cuts from ator COCHRAN has made and move to a going into effect to the providers, to betes management, increased cancer bipartisan plan we can all support and the physicians, and the harm that screening, or lower cost-sharing in the prevent these doctor cuts from going would ensue to the Medicare recipients form of lower premiums and copays. into effect. in the past? Why is it different this Admittedly, Medicare Advantage is I yield the floor. I thank the Chair year? It is clear to me that members of not a perfect program. I believe there for indulging me on the time. the Democratic leadership in this body is a certain bipartisan consensus that The PRESIDING OFFICER (Mr. and in the other body have decided to we should take a look at the plan’s en- MENENDEZ). The Senator from Michi- turn this so-called ‘‘doc fix’’ into a po- rollment and billing practices. Physi- gan. litical issue. cians back home in my State of Mis- Ms. STABENOW. Mr. President, I ask I was struck by the exchange be- sissippi tell me this, and I want to unanimous consent that following the tween the minority and the majority work with them. The amount of pay- remarks of Senator CORNYN, who I un- leader on the night of June 26 when ments to these plans is also an issue derstand will be speaking after myself, Senator MCCONNELL requested of the that needs to be looked at. But the Senator LEVIN be recognized as under majority leader, after the cloture had Medicare bill that the majority leader the previous order, and Senator not been invoked, that we have a sim- would have forced upon us on that CHAMBLISS be recognized to speak for ple 30-day extension in order to con- Thursday night of June 26, 2008, would up to 10 minutes. tinue to work on this issue. In object- have included provisions that did not The PRESIDING OFFICER. Without ing to that unanimous consent request enjoy bipartisan support. If that bill objection, it is so ordered. The Senator for a simple 30-day extension so we had passed, American seniors and Mis- from Michigan is recognized. could continue to work on this, it be- sissippi seniors would have lost their Ms. STABENOW. Mr. President, it is came obvious to me what a political choices. They would have been told: important to understand what the issue this is becoming. The majority Take it or leave it. choices in front of us are. Always we leader, in objecting, mentioned elec- Fewer choices and less competition have a choice in terms of priorities, of tions this year for three House seats in are not good for America’s seniors and how to proceed. As the person who has which the Democrats won. He went on certainly not good for our health care coauthored the bill in the last several to say that this time next year, there system. If Medicare Advantage needs sessions that would change completely would be 59 Democrats in the Senate at adjusting, we should consider stand- the way we provide physician pay- least. He mentioned the President’s ap- alone Medicare Advantage legislation. ments, I certainly support long-term

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6422 CONGRESSIONAL RECORD — SENATE July 8, 2008 solutions, something called the SGR, cating he wants to protect them at all Medicare cuts take effect, our veterans sustainable growth rate. I believe the costs, in this particular bill we are not also will be affected and there will be a way it is set up, it is wrong, and we addressing the rates. There is no in- cut. need to fundamentally change and stop ability for people to get a choice This is serious. We are past time, at this process of trying to make sure we through private care. There is none of this point, to be debating this issue. We don’t see cuts happen in Medicare that. There is no rate reduction, even need to vote, we need to pass it, and we every single year. I certainly agree though, in my mind, we ought to be need to send it to the President. with that position. doing that. There are so many positive provi- What we have in front of us is a All that is done in this bill is a proc- sions in this bill for the future. It ad- choice—a choice between a bill that ess that does not even take effect until dresses assets for low-income seniors; has 355 votes in the House on a bipar- 2011—not next year, not the year after, preventive services; rural services tisan basis—there are not a whole lot but the year after that—which is a which are so important to so many of times we see 355 people coming to- process called deeming. I will not go parts of Michigan; also the effort to gether on an issue such as this in the into all of it now except to say it ad- move ahead and modernize the system House, and 59 Members of the Senate. dresses how the private companies with e-prescribing, so we can actually We had a majority. We had 59 votes. We interact with those that are not part of read the physician’s handwriting, so we have seen an effort to continue to fili- their group or part of their network. can actually have an electronic system buster the process from moving for- That is all this addresses in Medicare that speaks to the future; and also ward, and we are tomorrow going to Advantage. One would think the sky is telehealth which in so many parts of see whether we will have one more ad- falling based on what we have heard. our country—again, Michigan is a real ditional Republican who stands with The reality is, AARP—a pretty good example of focusing on telehealth and us, stands with the AARP, the Amer- barometer of what seniors are thinking the way to expand services to rural ican Medical Association, who stands in this country—and a wide variety of communities; expanding mental health with, most importantly, our seniors, organizations have come together very services. There are so many important who stands with the disability commu- strongly in support of the bill in front pieces to this bill. nity, who stands with those who are of us that only needs one vote. Why? Fundamentally, the difference be- concerned about access to Medicare in Because that is the bill that will tween what was suggested by my Re- this country. We only need one vote. strengthen Medicare for the future. publican friend from Mississippi and That is where we are right now. We need to act now. We are past time from what is in front of us is whether I find it interesting, when we look at to act on this issue because, in fact, we are going to have any kind of ac- the motion that was made before about there are consequences already, even countability at all for this effort that the bill my Republican colleagues wish though the physician cut has not taken has begun to privatize Medicare. to bring to the floor, in that bill, we effect. We know from the testimony we re- see cuts in oxygen services, in spe- I received a letter this week and I ceived from the Congressional Budget ciality wheelchairs, large cuts in grad- wish to read it. I received a letter re- Office that for 85 percent of the seniors uate medical education in order to pay cently from a constituent named Kay in traditional Medicare, they actually for the bill. That is one choice. Or we about her father. Her father needs his pay more in premiums because of the have the choice in front of us that physical therapy as part of his treat- overpayments on Medicare Advantage. passed with 355 votes in the House and ment for Parkinson’s. I know what Again, that is not even in this bill. has 59 votes right now in the Senate that is like. My grandmother died of That is not even in this bill. We still which would take some smaller cuts Parkinson’s. It is a very tough disease. need to address that point. There is a out of graduate medical education and small change that does not take effect would do something very small and in He lives at home confined to a wheel- until 2011, but because of that, col- the future to Medicare Advantage. chair most of the time due to Parkin- What is Medicare Advantage? In my son’s. Despite rising gas prices, Kay leagues on the other side of the aisle mind, Medicare Advantage is part of and her sister drive her father three are willing to let this whole bill go the effort to privatize Medicare. We all times a week—about 80 miles round down and a dramatic cut in physicians’ remember former Speaker Newt Ging- trip—for his therapy. But last week, services take effect. They are willing rich saying we cannot directly stop they were informed that Medicare to let us lose the help for rural Amer- Medicare, so we are going to make sure would not pay for his therapy because ica, the effort to modernize Medicare it withers on the vine. Part of that the Medicare exemption process for with electronic e-prescribing, with withering has been to divert more and physical therapy had expired. telehealth, to focus on seniors who more dollars away from physicians and We only need one more vote. If we need mental health services. They are away from community care into pri- had one more vote, Kay would not be willing to let the whole thing go down vate for-profit companies, private fee- worried about whether her father with and, in fact, have proposed, as I said for-service companies. Parkinson’s can get the physical ther- earlier, an alternative plan, that rather The argument was in the beginning apy he needs. than touch the for-profit folks in the that competition from the private sec- Kay wrote me: health care system right now that are, tor, more choice will bring down costs I will go down swinging to help my dad. in my mind, too many times under- and that they would be able to take 97 Can you go back in and fight for us? We need mining what is happening in tradi- percent of the normal Medicare rate these services extended. Please fight for us tional Medicare—not always; there are because it would cost less to bring . . . go back onto the floor and reopen this. some positive aspects, but too many down prices because of competition. And vote again. times. Instead of that, they bring for- What has happened? What have we Our leader, I am proud to say, under- ward an alternative that focuses on ox- heard from the Congressional Budget stands all of the stories, not only of ygen services and specialty wheel- Office? What have we heard from those Kay but of all the seniors across the chairs and other areas in which to re- who only analyze this issue? In fact, country who are so desperately worried ceive their cuts. the exact opposite is happening. More about what is going to happen with Mr. President, I ask unanimous con- and more rate increases have occurred. Medicare. Our leader has come to the sent for 2 additional minutes, as my We now have a group that was getting floor and said we are going to vote colleague from Mississippi did prior to 97 percent of the full rates, supposedly ‘‘yes’’ again. We are only one vote me. lowering costs, now on average getting short, only one vote. The PRESIDING OFFICER. Without 113 percent, and the Congressional The practical reality is, in my home objection, it is so ordered. Budget Office told us if we cap the rate State alone, it affects 1.4 million sen- Ms. STABENOW. I thank the Chair. to these private businesses at 150 per- iors and people with disabilities and I feel so strongly about this, Mr. cent of regular Medicare, we would over 90,000 veterans who are TRICARE President. We spent a lot of time and still save money. beneficiaries, people who have served effort and a lot of goodwill. A lot of Because of the strong feeling of the in our military. Military health care, people have worked together on both Republicans and the President indi- TRICARE, is tied to Medicare. So if the sides of the aisle, with good decisions

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6423 and good ideas that have come to- We need a permanent solution. We Medicare. Instead, we have been pre- gether on how to strengthen Medicare should keep our promise to seniors sented a bill that turns a blind eye to through this bill. It is obviously some- that they can rely on Medicare and this smoldering powder keg of long- thing that has wide bipartisan support provide fair compensation for the phy- term Medicare problems and the ter- because, again, we are talking about a sicians to make sure our seniors will ribly flawed physician payment sys- huge overwhelming vote in the House actually have access to that coverage. tem. Rather than real reform, the ma- of Representatives—355 people. Now we I have repeatedly heard from seniors jority party—the Democratically con- have the opportunity in front of us to- in Texas who depend on Medicare that trolled Senate—has presented us with a morrow, with all of our physician com- they find it hard to even find a physi- bill that prolongs damaging and rigid munity, health care providers, senior cian who will accept below-market price controls, sets up increased pre- organizations, AARP, disability Medicare reimbursement rates. Even if miums and increased taxes, abandons groups, those who serve the Parkin- we pass an 18-month extension now, I some private sector options, and keeps son’s patients and other patients who am not optimistic Congress will seri- Medicare on the path toward more are suffering from particular diseases, ously consider permanent reform be- health care rationing. consumer groups all across America fore the next round of scheduled cuts. Why would anyone be proud of this? coming together and saying this makes And I shudder to think whether we can The distinguished Senator from Michi- sense. prevent the 20-percent cut that will gan was saying that all they needed is We need to make sure Medicare is occur 18 months from now. one more vote to pass this partisan available for our seniors. These are This, of course, should not be about bill. Why would anyone be proud of this Draconian cuts and we want to stop partisan politics, which it has become, temporary fix, these price controls, them and we are willing to do it in a because this is about people’s lives. along with submarket reimbursement very balanced way. I thank our chair- The Medicare Program, simply put, is rates, so that while we make the prom- man of the Finance Committee for his in a nosedive headed for bankruptcy. ise of Medicare coverage, the actuality leadership on something that is reason- As this chart demonstrates, without a of access is diminishing with each day? able and balanced. We know him to be long-term solution, the future is bleak This partisan bill bypassed not only a reasonable person who does things in indeed for Medicare providers. the minority in the Senate, it bypassed a balanced way. This doesn’t gut Medi- This chart depicts how the practice the Senate Finance Committee as well. care or Medicare Advantage. It doesn’t costs of physicians continue to go up Now we are told by the majority leader even touch the rates. It doesn’t touch year after year. Yet because of a law that he will refuse the opportunity to the companies, other than to address Congress passed in 1997, Medicare reim- offer any amendments when the bill one part of the way they deal with bursement rates continue to be pro- comes to the floor. The Democratic- those who are out of State or out of jecting downward. You can see the gap controlled majority has not held one service through the process called here. No wonder many physicians are hearing or introduced one piece of leg- ‘‘deeming,’’ that doesn’t take effect no longer able to accept Medicare pa- islation in the last 6 months that be- until 2011. tients. gins to address the long-term problems. Frankly, if that is the only part peo- In Texas recently, a survey of physi- Mr. President, I intend to offer a bill ple disagree with, these cuts are now. cians indicated that only 58.1 percent that will begin the process of reform These physical therapy cuts started of physicians currently accept new and permanently eliminate the peri- last week. I would urge my colleagues, Medicare patients because reimburse- odic cuts that are almost never allowed step up and be the one vote. We have ment rates are so low that they are to go into effect. I think seniors and until 2011 to change that part of the below market and physicians cannot physicians and the American people de- bill they do not like. But the therapy afford to accept those patients and serve explanations and answers, and ul- cuts started last week, and the physi- those low Medicare reimbursement timately solutions, rather than more cian cuts are going to start in a couple rates. posturing and just kicking the can of weeks. That is the sense of urgency Congress needs to step up with a per- down the road. we should feel if we are concerned manent solution, not the kind of It is worth taking a few minutes to about the seniors in this country— shameful temporary patches and fixes recall how we got here in the first about Medicare beneficiaries. Now is that require physicians and other place. the time. It is real simple. It is real health care providers to come hat in In 1997, Congress was struggling with simple. hand to Congress every 6 months or 12 rising costs under Medicare and passed Tomorrow afternoon we will have the months or 18 months and that leave the Balanced Budget Act, which estab- opportunity to vote yes on something Medicare beneficiaries in doubt—our lished something called the sustainable overwhelmingly supported by the peo- seniors—about whether, in fact, Con- growth rate, or a formula which was ple of this country, and I urge my col- gress will do its duty. intended to serve as a restraint on leagues to step up. We only need, Mr. No one gets to conduct their business Medicare spending. Thus, the Federal President, one more vote. this way, other than the Congress. If Government instituted arbitrary price The PRESIDING OFFICER. The Sen- you were in the private sector, a small controls in an effort to reduce Medi- ator from Texas. or large business, you would be out of care spending. What was the result? Mr. CORNYN. Mr. President, Medi- business or behind bars if you tried to Well, the SGR—the sustainable growth care provides important health care operate your business the same way rate—formula and arbitrary price con- benefits for our Nation’s seniors. Since Congress has dealt with Medicare reim- trols have reduced access to quality 1965, the Federal Government has bursement rates. care for beneficiaries. promised that those over the age of 65 The Medicare trustees expect future While the first 2 years after imple- years, or those afflicted with certain costs to increase at a faster pace than mentation the SGR resulted in positive disabilities, will have access to health both workers’ earnings and the econ- updates for physician payments, de- care. Unfortunately, Congress has had omy overall. As a matter of fact, the creases in payments have been required a checkered history of keeping that Medicare Hospital Insurance Fund will every year since 2002. But what has promise. be exhausted by 2019, and Part B pre- been the experience of Congress? This The vote we had 2 weeks ago, to miums will have to increase rapidly to chart indicates that except for the first which the distinguished Senator from match expected expenditure growth. year, in 2002, Congress has acted to re- Michigan just alluded, and one we will The Medicare trustees have warned verse the cuts that have come with a apparently have tomorrow afternoon, Congress more than once to act, cau- temporary patch, and temporary fix should be an embarrassment to Con- tioning that the sooner the solutions after temporary fix. In fact, I think one gress but not for the reasons that she are enacted, the more flexible and could be forgiven for wondering wheth- and others have suggested. We should gradual they can be. er Congress ever intended these cuts to be looking to solve the looming prob- Mr. President, Medicare is a ticking take effect in the first place. lems with Medicare permanently, not time bomb. Today, Congress should be Thank goodness we haven’t because just with temporary patches or fixes. all about debating and preserving continuing to cut into the muscle and

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6424 CONGRESSIONAL RECORD — SENATE July 8, 2008 then into the bone of the Medicare sys- stand up, do the responsible thing, and My bill does not mandate whether tem means that the promise of Medi- actually take decisive action by re- physician payments should be based on care coverage is a hollow one indeed for forming the broken SGR formula for utilization, performance, care coordi- patients, for seniors, who are increas- Medicare reimbursement? nation or any other methodology, but ingly having a very difficult time find- While some in Congress seem deter- it does start to lay down a new path to- ing physicians who can accept Medi- mined to have the Government control ward reform, innovation, and restora- care rates because they are so low. all health care decisions, competition tion of the eroded physician-patient re- As you can see from this chart, not in the private sector holds real promise lationship. It does say the providers only has Congress, except for 2002, not for the future of health care, and we do and beneficiaries should not be the allowed these cuts to go into effect not have to look very far to find the ones to be punished by Congress’s fail- based on temporary patches, it has ac- proof. All we have to do is look at ure to act. We have to decide now. tually provided a very modest update Medicare Part D, the prescription drug Mr. President, I ask unanimous con- in most years, except for 2007, when it program that we passed a few short sent for 3 additional minutes to speak. just got back to zero. But the fact is, years ago. The PRESIDING OFFICER. Without Congress never really intended or was The Congressional Budget Office re- objection, it is so ordered. never prepared to allow these cuts to cently released a report showing how Mr. CORNYN. Mr. President, we have go into effect. Most of the time, if you effective Part D has been in lowering to decide now whether Medicare is look for how Congress has attempted drug prices for seniors. This year, Part worth protecting or whether political to ‘‘pay for’’ or find revenue to offset D expenses will be almost half that of gamesmanship and partisan politics this reversal of these cuts, all it the original projections 2 years ago. are going to take over. While it is cost- amounts to is budgetary gimmicks and Competition by private companies that ly to fix Medicare and the SGR, stall- games. provide benefits for seniors under ing will be far more expensive. So As the American Medical Association Medicare Part D has actually created while some of my colleagues on the has noted, ‘‘every temporary interven- about $40 billion in savings this year. other side of the aisle may be content tion has increased the cost of a perma- What’s more, Part D will be returning with another shortsighted, short-term nent solution.’’ Thus, seniors and phy- roughly $4 billion this year in unused fix, I suggest we debate and pass a bi- sicians find themselves coming back to funds due to cheaper than expected partisan solution that will keep the Congress every 6 months or every 18 drug purchases. promise of Medicare for seniors but Still, with the resounding success of months hat in hand seeking to prevent also make sure there will be access to Medicare Part D and the competition these cuts with the kind of histrionics that coverage by providing fair com- we should look to as a model, not one pensation for physicians. Why should that we see on the Senate floor today to be discarded or gutted or cannibal- and that we saw by the majority leader we, and why should they, settle for ized in an effort to pay for this tem- less? just 2 weeks ago after the failed cloture porary patch, many of my colleagues I yield the remainder of my time. vote—not a serious discussion of public want to give up on the private sector The PRESIDING OFFICER. The Sen- policy but, rather, a political action alternatives to traditional Medicare. ator from Michigan. designed to gain partisan advantage. Competition created by programs such Mr. LEVIN. Mr. President, title II of At this point, to repeal the SGR for- as Medicare Advantage has the poten- the bill before us, which amends the mula created by Congress will cost an tial to save more money in the long Foreign Surveillance Intelligence Act, estimated $250 billion or more. That is run and to provide more choices and would authorize retroactive immunity a big number, and a major reason Con- better quality services to Medicare for telecommunications companies gress has been unable to pass, or more beneficiaries. that collected intelligence information likely unwilling to even debate, a long- I would be the first one to say that inside the United States in defiance of term solution. While many of my col- Medicare Advantage is far from per- the clear requirements of the Foreign leagues have spoken at great length fect. As a matter of fact, I have heard Surveillance Intelligence Act as it was about their grandiose plans to reform from many of my constituent physi- then on the books. the entirety of America’s health care cians who have complaints about the The argument has been made that we system, they seem to whistle past the way Medicare Advantage is run. But it must provide such immunity because Medicare graveyard. would be a terrible mistake to gut it. these telecommunications companies We can and we must do better. What We ought to fix it, not gut it. responded to requests from the Govern- good is Medicare if there is no access to Rather than abandoning the prin- ment in a time of great uncertainty, coverage? Even with reversing the Dra- ciples of the benefits of competition in after the events of September 11, 2001. conian cuts in reimbursement, as I health care, we should work to make it I have some sympathy for their situa- said, many doctors refuse to even see better. With the results of Medicare tion, but I also have sympathy for in- patients with Medicare because the Part D as an example, we should work nocent Americans who may have had payments are so low. Yet Congress is to increase the role of nongovernment their privacy rights violated as a result seen patting itself on the back saying: entities in lowering costs and increas- of illegal actions taken by tele- Didn’t we do a good job? Only to have ing access and affordability of health communications companies at the be- more and more seniors unable to find care. hest of an administration that has all doctors willing to accept Medicare pay- These are only a few of the reasons too frequently tried to place itself ments. why, over 3 months ago, in anticipa- above the law. Physician reimbursement cuts have tion of the looming physician payment The bill before us makes no effort to been looming over the heads of seniors cuts set for July 1, I introduced legisla- reconcile these competing interests. and physicians for years. Yet Congress tion that solves this problem perma- Instead, it requires the dismissal of all repeatedly puts off until tomorrow nently. This legislation I called Ensur- civil suits against telecommunications what desperately needs to be done ing the Future Physician Workforce companies that may have illegally dis- today. Act of 2008. It provides positive reim- closed confidential communications of What does the bill before use to pay bursement updates for providers, it their customers at the behest of U.S. for reversing these cuts for 18 months? eliminates the ineffectual expenditure Government officials. Dismissal would Well, it undermines the one private cap, and increases incentives for physi- also be required even if the disclosure sector alternative to traditional Medi- cian data reporting. At the same time, violated the constitutional rights of in- care—Medicare Advantage—currently this bill facilitates adoption of health nocent U.S. citizens whose confidential subscribed to by about 450,000 Texas information technology by addressing communications were illegally dis- seniors, leading to less choices, fewer costs and legislative barriers; it edu- closed. services, and, yes, more government cates and empowers physicians and The so-called judicial review author- control. beneficiaries of Medicare spending and ized in this bill is totally unsatisfac- We have a choice. Do we pass the hot benefits usage, and studies ways to re- tory. Under title II of the bill, the potato once again, praying that we are align the way that Medicare pays for FISA Court would be permitted to re- not the ones who get burned, or do we health care. view these cases only to determine

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6425 whether the Attorney General or the We are collecting needed intelligence change and without delay. The inspec- head of an element of the intelligence information today pursuant to that tor general report may give us impor- community told telecommunications act, without any retroactive immunity tant information that helps us under- companies that the Government re- for telecommunications companies, stand the extent to which the adminis- quest had been authorized by the Presi- and there is no reason why we cannot tration’s actions were illegal or uncon- dent and ‘‘determined to be lawful,’’— continue to do so in the future under stitutional, and the extent to which in- presumably determined by anybody— title I of the bill without the retro- nocent U.S. citizens may have been even if nobody could reasonably have active immunity provided in title II. damaged by these actions. The delayed believed that the request actually was The administration argues that if we effective date in the Bingaman amend- lawful. A judicial review that is lim- do not provide retroactive immunity to ment would give us the opportunity to ited to determining whether the ad- telecommunications providers, ‘‘com- consider this information, not just as- ministration claimed that its actions panies in the future may be less willing surances of administration officials, were legal is a sham review that pro- to assist the Government.’’ before retroactive immunity goes into vides no justice at all. Of course the ad- But let’s be clear what we are talking effect and cases are dismissed. That in- ministration claimed its actions were about here. Telecommunications com- formation required to be provided to us legal. Indeed, the Intelligence Com- panies have prospective immunity if by the inspector general is surely rel- mittee report on this bill specifically they assist the Government in a man- evant to this issue. states that the administration’s letters ner that is authorized by this bill. If we adopt the Bingaman amend- requesting assistance from tele- Moreover, they can be compelled to do ment, we will have highly relevant in- communications companies made the so under the bill, as has also been the formation about the extent to which il- claims that they were legal. case since the enactment of the Pro- I do not believe this congressional legal or unconstitutional actions were tect America Act. What companies taken against innocent American citi- grant of retroactive immunity is fair. I might be less willing to do is to assist do not believe it is wise. And I do not zens and the extent to which those citi- the Government in intelligence gath- zens were harmed by those actions. The believe it is necessary. ering efforts that are illegal. And what Retroactive immunity is not fair be- Bingaman amendment gives us the op- is wrong with that? Do we want to en- cause it leaves innocent American citi- portunity to take this additional infor- courage companies to assist a future zens who may have been harmed by the mation into account before retroactive administration in unlawful intel- unlawful or unconstitutional conduct immunity takes effect, while at the ligence-gathering efforts? same time preventing any harm to of telecommunications companies at Nor is retroactive immunity nec- the behest of the administration with- telecommunications companies by essary to protect telecommunications out any legal remedy. It is hard to un- staying any litigation against them companies that acted in good-faith re- derstand how the Attorney General can until the information becomes avail- liance on representations from admin- claim, as he does in a letter dated July able. istration officials. There are other 7, 2008, that this is a ‘‘fair and just re- We can pass this bill and we can en- ways in which we can recognize their sult.’’ sure that the intelligence community Those who have been harmed are not equity without insulating misconduct continues to have the authority to col- likely to have any recourse against the from judicial review and without deny- lect information on suspected terror- Government officials who asked tele- ing any relief to innocent U.S. citizens ists without surrendering the rights of communications companies to disclose who may have been harmed. Americans whose privacy may have For example, we can safeguard these the private information of their cus- been violated. interests by substituting the United tomers because the Government offi- I support the Bingaman amendment States as the defendant in cases cials enjoy qualified immunity for ac- as a way to introduce a bit of balance against telecommunications compa- tions taken in their official capacity. into the process of protecting the pri- nies, or by requiring that the United These officials do not even have the vacy of innocent Americans while rec- States indemnify telecommunications burden of demonstrating that their ac- ognizing some equity in the position of companies for any damages in such tions were legal and constitutional to the telecommunications companies. be immune from suit. cases. In either case, we could cap damages to make sure that the taxpayers I yield the floor and yield back my Nor is retroactive immunity wise, be- time. cause it sets a dangerous precedent of are not required to pay an unreason- The PRESIDING OFFICER. The Sen- retroactively eliminating rights of U.S. able burden as a result of unlawful de- ator from Georgia is recognized. citizens and precludes any judicial re- cisions by the administration. We view of their claim. If we act here to could also provide a measure of protec- Mr. CHAMBLISS. Mr. President, I immunize private parties who cooper- tion to American citizens whose rights rise today to discuss H.R. 6304, the ated with executive branch officials in have been violated by limiting the im- FISA Amendments Act. I am dis- a program that appears to have been il- munity provided to those cases where appointed that after so many months legal on its face, our laws and their the telecommunications companies of negotiations, after the Senate passed prohibitions will be less of a deterrent demonstrate that they had a reason- similar legislation in February, and to illegal activities in the future. This able basis for a good-faith belief that after the House passed this bill by 293– would be a terrible precedent if a fu- the assistance they were providing was 129, the Senate is stalling enactment of ture administration is as inclined as lawful, a requirement that is notably necessary changes to FISA by debating the current one to place itself above absent from the bill before us. amendments which would gut this bill the law. The Bingaman amendment is a very of a valuable provision liability relief Finally, retroactive immunity is not modest proposal which does not decide for our telecommunications carriers. necessary for the intelligence commu- the retroactive immunity question or The three amendments we debate nity to collect intelligence against ter- remove the retroactive immunity pro- today would singularly undermine rorists using newly available tech- vision from the bill. It leaves the retro- months of hard work by the Senate In- nology. They have the right to use active immunity provision in the bill telligence Committee and the House to newly available technology—‘‘they’’ but postpones the effective date of that reach an agreement on this bill. In par- being the intelligence community— immunity until 90 days after Congress ticular, Senators DODD and FEINGOLD under title I of this bill. Title I pro- receives the comprehensive inspector have offered an amendment striking vides that the Attorney General and general report required by the bill. title II of the bill which provides liabil- the Director of National Intelligence This amendment, the Bingaman ity relief to those telecommunication direct telecommunications companies amendment, does not have any effect carriers who currently face lawsuits for to assist in collection programs, and at all on title I of the bill, which allows their alleged assistance to the Govern- these directives are enforceable by the intelligence community to collect ment after September 11. Senator court order as has been the case since information using newly available SPECTER has offered an amendment the Protect America Act was adopted technology. The Bingaman amendment that would require the courts to deter- last August. allows title I to go into law without mine the constitutional merits of the

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More- not play games with our national secu- of the President’s TSP to be completed, over, litigation against companies be- rity, or even when U.S. companies and which Members of this body have al- lieved to have assisted the Government their customers’ money are involved. ready done. I do not support any of risks the disclosure of highly classified Finally, Senators DODD and FEINGOLD these amendments. information regarding extremely sen- offer the same amendment that they Over 40 lawsuits have been filed sitive intelligence sources and meth- did in February, to completely strike against our communications providers ods.’’ There is too much at stake for us Title II of the bill which provides this alleging statutory and constitutional to deny those who assist the Govern- liability relief. This same amendment violations, seeking billions of dollars ment the liability relief they need, and failed to pass the Senate in February in damages. These suits are not in- deserve, or to delay its implementa- by 31–67. As I have stated, I support tended to bring justice to any indi- tion. Title II, and believe the Senate has al- vidual; rather, they are a fishing expe- Senator SPECTER’S amendment asks ready shown its lack of support for this dition. The lawyers who brought these the courts to review and determine the amendment. cases hope to use our court system to constitutionality of the President’s Mr. President, I oppose all three discover some claim or discover some TSP before dismissing any lawsuit amendments offered to the FISA standing for their clients; yet none of against the telecommunication car- Amendments Act and urge my col- the plaintiffs in any of these lawsuits riers. This amendment not only se- leagues to do the same. It is time for have any evidence to illustrate that verely undermines the findings of this the Senate to stop delaying enactment they were subjects of the President’s body, but also calls into question the of a FISA bill and to reject these TSP or that they suffered any harm. As activities of the other political branch amendments which would gut the bill a result, I wonder how a court could in our Government, the executive. The of much needed relief for our tele- uphold that any of these individuals courts would be granted access to high- communications providers. even have a claim to raise. The Presi- ly sensitive, executive branch intel- The PRESIDING OFFICER. The ma- dent has stated repeatedly that in the ligence activities, which they are not jority leader. wake of 9/11, the TSP intercepted com- experienced in, and be required to Mr. REID. Mr. President, I will use munications of suspected terrorists, in- make a legal determination on the con- leader time for my presentation. cluding those communicating with institutional authorities of the Presi- The PRESIDING OFFICER. The lead- dividuals inside the U.S. or whose com- dent. The courts usually avoid these er is recognized. munications pass through the U.S. To types of decisions, and rightfully so. Mr. REID. Mr. President, the Senate date, this program has been reviewed Moreover, the courts should not issue will soon vote on the FISA bill, which by numerous Inspectors General, the mere advisory opinions, yet this represents a final result of negotiations Department of Justice, our intelligence amendment requires the court to deter- among the White House and Democrats community and Congress. Do we need mine the constitutionality of a Presi- and Republicans in Congress. to add the courts to the list? The For- dential program when the government I opposed the version originally eign Intelligence Surveillance Court is is not a party to these actions. Even passed by the Senate. Although im- already on that list. with the passage of this bill the gov- provements have been made in the As a member of the Select Com- ernment or a Government official can version now before this body, the legis- mittee on Intelligence, I had access to still be sued for a TSP violation. If a lation continues to contain provisions the classified documents, intelligence, plaintiff brought an action against the that will lead to immunity to the tele- and legal memorandum, and heard tes- Government, the courts could then de- communications companies that co- timony, related to the President’s TSP termine the constitutionality of the operated with the Bush administra- program. After careful review, as stat- program; however, Congress should not tion’s warrantless wiretapping pro- ed in the committee report accom- hold America’s private companies hos- gram. For that reason, I have no choice panying the Senate’s FISA legislation, tage until the courts review what Con- but to vote no. the committee determined ‘‘that elec- gress and others already have found. Having said that, I am pleased that tronic communication service pro- Further, regardless of the Govern- President Bush and the congressional viders acted on a good faith belief that ment’s program, our companies should Republicans finally agreed to negotiate the President’s program, and their as- not be held liable for assistance that a better bill. For months, the President sistance, was lawful.’’ The committee they were assured was lawful. Let the insisted it was his way or the highway. reviewed correspondence sent to the Government carry the burden for its The White House refused to come to electronic communication service pro- own actions. the negotiating table, repeatedly de- viders stating that the activities re- Similarly, Senator BINGAMAN’S manding that the House simply pass quested were authorized by the Presi- amendment would stay all of the law- the Senate’s bill. I commend our dent and determined by the Attorney suits brought against the communica- Democratic colleagues in the House for General to be lawful. The committee tions carriers until the inspectors gen- standing up to insist on more protec- concluded that granting civil liability eral conducted a review of the TSP. tions for the privacy of innocent Amer- relief to the telecommunications pro- Various inspectors general have re- icans. viders was not only warranted, but reviewed already the President’s pro- This debate has shown once again quired to maintain the regular assist- gram. The review called for by the that protecting the American people is ance our intelligence and law enforce- FISA Amendments Act is nothing new. not a Democratic or Republican issue. ment professionals seek from them and I see no reason to delay liability relief Democrats want to provide our intel- others in the private sector. It was like this. The scope of the IGs’ review ligence professionals all the tools they clear in discussions within the com- included by this legislation is not in- need to fight terrorism. We must also mittee that most of us were concerned tended to be a legal determination of protect the privacy of law-abiding about the harm the Government could the TSP. Instead, the FISA Amend- Americans and protect against abuses face if it cannot rely on the private ments Act calls for the IGs to review of our Constitution. sector. Without this provision, the each respective agency’s access to the We all know that in the darkest cor- harm faced by the Government will be- legal reviews of the program and ners of the Earth lie evil people who come a reality. grants the IGs access to communica- seek to harm our country and our peo- I cannot understate the importance tions with the private sector related to ple. We all agree on the need to mon- of this assistance, not only for intel- the program. Any review conducted itor the communications of terrorists ligence purposes but for law enforce- pursuant to this legislation will have in order to protect the American peo- ment too. The Director of National In- no impact on the lawsuits brought ple. But despite what the President intelligence and the Attorney General against private corporations. The only sists, America is strengthened by our

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I am con- DODD deserve special recognition for conducted in the coming months by the fident that when it is all known, the reminding us that our Constitution Judiciary Committee and the Intel- condemnation of President Bush’s bla- must always come first. I have to com- ligence Committees and by the reports tant disregard for the Constitution will pliment Senator ROCKEFELLER—a very of the inspectors general. Next year, be deafening. I hope that because those difficult assignment he has, being the for example, Congress will be required voices refused to be silenced, the next chairman of this most important com- to revisit a number of provisions of the President and all future Presidents will mittee, but he does it with great dig- PATRIOT Act. That may provide a not waiver from a path that protects nity. suitable occasion to review the related the American people without compro- This version of this legislation is bet- issues in this FISA legislation. mising our core American values based ter than the bill the Senate passed in While the bill before us does include upon our Constitution. February and better than the flawed some improvements to title I’s intel- The PRESIDING OFFICER. The Sen- Protect America Act signed by the ligence collection procedures, I oppose ator from Connecticut. President last summer. totally title II. I think it is just way AMENDMENT NO. 5064 This legislation now includes Senator out of line. (Purpose: To strike title II) FEINSTEIN’s amendment to reaffirm Title II establishes a process where Mr. DODD. Mr. President, before the FISA as the exclusive means by which the likely outcome is immunity to the Majority Leader leaves the floor, I the executive branch may collect sur- telecommunications carriers that par- thank him personally but also collec- veillance. This provision is Congress’s ticipated in the President’s illegal tively for his leadership on this issue. direct response to the strained argu- warrantless wiretapping program. That This is an act of courage on his behalf, ment of President Bush’s lawyers that is what it was. The bill does not pro- given the arguments made by the other Congress meant to repeal the very vide any protection for the Govern- side, and his leadership on this created clear and specific requirements of ment officials who designed and au- the possibility for us to offer this FISA when Congress passed the author- thorized the program. That is good. It amendment to strike title II. I share ization for the use of military force in also, of course, does not preclude a his thoughts. He expressed them very Afghanistan. Congress flatly rejects challenge to the constitutionality of well. I wish to identify myself with that argument as having no basis in the legislation in Federal district them. This is not at all about ques- fact or in law. court. tioning the need for security. We all This bill includes Senator LEAHY’s Nobody should read title II of this understand that. This is a simple ques- important amendment requiring a bill as a judgment on the legality of tion. Should the telecom industry be comprehensive IG review of the Presi- the President’s warrantless wire- granted immunity, without us being dent’s program as well as greater judi- tapping program because it is not. No- able to determine whether their ac- cial supervision. body should expect that a grant of im- tions are legal? It may come out that This bill requires the U.S. Attorney munity is anything other than a one- the courts determine they were legal. General to develop guidelines to ensure time action. This was made clear in the If so, we move forward. All we are ask- compliance with the fourth amend- Senate Intelligence Committee report ing is that the opportunity be given to ment and prevent reverse targeting; that accompanied an earlier version of determine the legality of their actions. that is, targeting someone abroad when this legislation. Service providers The majority leader has made it the real purpose is to acquire the com- should clearly understand that no clear why it is important. This is about munications of a person here in the grant of immunity will be forthcoming the Constitution and the rule of law. It United States. if they cooperate with future Govern- seems to me a very simple request and, This bill provides for increased con- ment requests that do not comply with as such, I ask unanimous consent to gressional oversight, requiring exten- the procedures outlined in this legisla- lay the pending amendment aside and sive reporting to the Judiciary Com- tion. call up amendment No. 5064. The PRESIDING OFFICER. Without mittee and Intelligence Committees The current lawsuits against the telecom companies seek account- objection, it is so ordered. about the implementation of the new The clerk will report. provisions and their impact on U.S. ability. The assistant legislative clerk read persons. These lawsuits could have been a ve- as follows: This bill rejects changes to the defi- hicle to achieve a public accounting of The Senator from Connecticut [Mr. DODD], nition of electronic surveillance, a the President’s illegal warrantless for himself, Mr. FEINGOLD, Mr. LEAHY, Mr. change sought by the administration wiretapping program. That is why it is REID, Mr. HARKIN, Mrs. BOXER, Mr. SANDERS, that could have had unforeseen and far- important that the Democratic nego- Mr. WYDEN, Mr. KENNEDY, and Mr. DURBIN, reaching consequences for FISA’s pro- tiators forced the President to submit proposes an amendment numbered 5064. tections for the privacy of law-abiding his program to a comprehensive inspec- Strike title II. Americans. tors general review. That review should Mr. DODD. Mr. President, it is very This bill ensures that the law expires finally provide a full airing of this en- simple. Strike that section of the bill in 4 years, requiring the next President tire sorry episode. The bill requires the that grants immunity to a number of and Congress to evaluate its effective- inspectors general of the relevant agen- telecommunications companies that, ness. cies to complete a comprehensive re- for a period of roughly 5 or 6 years, lit- Let me in passing say that Senator view of the President’s surveillance erally vacuumed up phone conversa- LEAHY, the chairman of the Judiciary program within a year. By the time tions, faxes, e-mails, photographs, on a Committee, worked hard on this. As that report is issued, President Bush wholesale basis, of virtually every you know, there was a joint referral. will have left office. Although his term American citizen. The only reason it Again, Senator LEAHY worked, as he will have come to an end, the work of has come to a halt is because there was does on all pieces of legislation, tire- uncovering this administration’s a whistleblower who identified the pro- lessly and for the good of this country. abuses of power is just beginning. Fu- gram. Otherwise the program would be These changes I have mentioned add ture Presidents, future Congresses, and ongoing. Again, none of us argue, at checks on the expansive executive pow- the American people will learn from least I don’t argue at all, about the im- ers contained in the original bill. But, President Bush’s abuses of power in a portance of having the ability to get as I said, despite these improvements, positive fashion. the cooperation of an industry that this legislation certainly needs more The debate on this FISA legislation could help us identify those who would work. That is why I oppose it and why may be nearing an end, but the history do us harm. That is not the debate.

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6428 CONGRESSIONAL RECORD — SENATE July 8, 2008 The debate is whether there is an ap- the President authorized the wire- us, we too are confronted with a propriate means by which those war- tapping program and that, therefore, it choice. Does America stand for all that rants are sought before these telecom is automatically legal. These advocates is right with our world or do we retreat companies would begin to turn over the will argue that the mere existence of in fear? Do we stand for justice that se- private conversations, e-mails, and documentation justifies retroactive cures America or do we act out of communications of American citizens. immunity; that because a document vengeance that weakens us? That is what this debate is about. It is was received, companies should be Whatever our political party, Repub- a simple debate on whether we keep retroactively exonerated from any lican or Democratic, we are all elected this section of the bill or strike it out wrongdoing. But as the Intelligence to ensure that this Nation adheres to and allow the judicial branch, a co- Committee has already made clear, we the rule of law. That is our most funda- equal branch of Government, to deter- already know that the companies re- mental obligation as Members of this mine whether the acts by the executive ceived some form of documentation great body, to uphold the rule of law— branch were constitutional and if they with some sort of legal determination. not as partisans but as patriots serving were they legal. But that logic is deeply flawed. Be- our Nation. The rule of law is not the If this amendment is not adopted, it cause the question is not whether the province of any one political party or will be a vote by the legislative body companies received a document from any particular Member of the Senate that determines whether they were the White House. The question is, were but is, rather, the province of every legal. We are not competent or the ap- those actions legal? American who has been safer because propriate constitutionally delegated It is a rather straightforward and of it. body to perform that function. That is surprisingly uncomplicated question. President Bush is right about one why we have three coequal branches of Did the companies break the law? Why thing. The debate is about security. Government. The executive branch did the administration not go to the But not in the way he imagines. He be- made this decision. We in the legisla- FISA Court as they were required to do lieves we have to give up certain rights tive branch have an obligation to insist under the Foreign Intelligence Surveil- in order to be safer. This false dichot- that the judicial branch determine the lance Act? omy, this false choice that to be more legality of the actions taken. Since 1978, that court has handled secure, you must give up rights is a I wish to thank as well my colleague, 18,748 warrants, and they have rejected fundamentally flawed idea. In fact, the Senator FEINGOLD of Wisconsin, my 5 since 1978, in almost 30 years, accord- opposite is true. To be more secure, lead cosponsor, but also to mention, if ing to a recent published report in the you must defend your rights. I may, Senator LEAHY, who has been a Washington Post. So the issue raised I believe the choice between moral stalwart on this effort and always a for me is, why didn’t these companies authority and security is a false great crusader against those who would go before that court to determine choice. I believe it is precisely when do harm to the rule of law. I also want whether a warrant was justified? Why you stand up and protect your rights to thank Senator REID, the Majority did they decide merely to rely on some that you become stronger, not weaker. Leader, and Senators HARKIN, BOXER, letter or some documentation, none of The damage done to our country on 9/ SANDERS, WYDEN, KENNEDY, DURBIN, which has ever been established as a 11 was both tragic and stunning, but KERRY, and CLINTON for their support legal justification for their actions? when you start diminishing the rights for this amendment. I also thank, if I Either the companies complied with of your people, you compound that may, JAY ROCKEFELLER, who chairs the law as it was at the time or they tragedy. You cannot protect America this committee. While I am highly crit- didn’t. Either the companies and the in the long run if you fail to protect ical of title II of the bill, I have great President acted outside the rule of law the Constitution of the United States. respect for him and the work he has or they followed it. Either the under- It is that simple. tried to do in leading the Intelligence lying program was legal or it was not. As Dwight Eisenhower, who served Committee on this difficult issue. If we pass retroactive immunity, not a our country as both President and as While I still have major reservations single one of these questions will ever the leader of our Allied forces in Eu- about title I of this bill, the fact that be answered—ever. Because of this so- rope during World War II, said: title II still exists in this bill makes it called compromise, Federal judges’ The clearest way to show what the rule of impossible to be supportive of this leg- hands will be tied and the outcome of law means to us in everyday life is to recall islation, if that is retained in the bill these cases will be predetermined. Ret- what has happened when there is no rule of that we vote on tomorrow. roactive immunity will be granted. law. For many Americans, the issue may So this is about finding out what ex- That is why I believe history will seem a very difficult one to follow. It actly happened between these compa- judge this administration harshly for may seem like another squabble over a nies and the administration. It is about their disregard for our most cherished corporate lawsuit. But in reality, it is holding this administration to account principles. If we do not change course so much more than that. This is about for violating the rule of law and our and stand for our Constitution at this choosing between the rule of law and Constitution. It is about reminding hour, for what is best for our country, the rule of men. You heard our col- this administration that where law for what we know is just and right, league, Senator LEVIN, and the Major- ends, tyranny begins. Those aren’t my then history, I am confident, will most ity Leader eloquently describe the situ- words, where the law ends, tyranny be- certainly decide that it was those of us ation as it presently exists. gins. Those words were spoken by the in this body who bear equal responsi- For more than 7 years, President former British Prime Minister, Mar- bility for the President’s decisions—for Bush has demonstrated time and time garet Thatcher. it was we who looked the other way, again, unfortunately, that he neither It is time we say no more, no more time and time again. respects the role of Congress nor does trampling on our Constitution, no This is the moment. At long last, let he apparently respect the rule of law more excusing those who violate the us rise to it. Support the amendment I on these matters. Today, we are con- rule of law. These are our principles. am offering on behalf of myself and the sidering legislation which will grant They have been around since the other Members I mentioned earlier. We retroactive immunity to the tele- Magna Carta, even predating the Con- must put a stop to this idea of retro- communications companies that are stitution. They are enduring. What active immunity. It is time we stood alleged to have handed over to this ad- they are not is temporary. And what for the rule of law. That is what is at ministration the personal information we should not do at a time when our stake. The FISA Courts were created of virtually every American, every country is at risk is abandon them. specifically to strike the balance be- phone call, every e-mail, every fax, and That is what is at stake this evening tween a secure nation and a nation de- every text message, and all without and tomorrow when the vote occurs. fending its rights. That is why the law warrant. Allowing retroactive immunity to go has done so well for these past 30 years, Some may argue that, in fact, the forward is, by its very nature, an aban- amended many times, to keep pace companies received documentation donment of those principles. Similar to with the changes of those who would do from the administration stating that generations of American leaders before us great harm.

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6429 At this very hour, in the wake of 9/11, Mr. BROWN. Mr. President, I ask corporating high-quality safety tech- to say we no longer care about that, unanimous consent that the order for nologies that exist today but are not that we will decide by a simple major- the quorum call be rescinded. widely used, such as crush-proof roof- ity vote to grant retroactive immunity The PRESIDING OFFICER. Without ing and glazed windows to prevent ejec- to companies who decided that a letter objection, it is so ordered. tion. More basic safety features, such alone was enough legal authority for f as readily accessible fire extinguishers them to do what they did is wrong. and seatbelts—simple seatbelts—for all MOTORCOACH SAFETY I have pointed out before in lengthy passengers, are still not required on debate, not every phone company par- Mr. BROWN. Mr. President, today motorcoaches. As a father of four, I ticipated in the President’s warrantless the National Transportation Safety find it particularly disturbing to know wiretapping program. Not everyone Board presented its final report on the students are still riding in vehicles did. There were those who stood up to Atlanta motorcoach accident involving without even the option of buckling up. the administration and said, without a the Bluffton University baseball team Seatbelts, window glazing, fire extin- warrant, without proper legal author- last March. guishers—these are not new tech- ity, we will not engage in the The crash resulted in the deaths of nologies. These are commonsense safe- vacuuming up of the private informa- five players on that team: Tyler Wil- ty features that are widely used. Yet tion of American citizens. They should liams, Cody Holp, Scott Harmon, Zack mandating them, as recommended by be recognized and celebrated for stand- Arend, and David Joseph Betts. The the NTSB, has been languishing for ing for the rule of law. driver, Jerome Niemeyer, and his wife years. For those who decided they were Jean were also killed in the crash. The Motorcoach Safety Enhancement going to go the other way, let the Many of the other passengers—33 in Act would instruct the Secretary of courts decide whether that letter, that all—were treated for injuries. Transportation to enact these and so-called documentation, was the legal For the families of those who lost other safety features and to establish a authority that allowed them to do loved ones and the families whose sons timeframe so these safety require- what they did for more than 5 long survived but now struggle with the ments do not spend any more time in years. aftermath, today has been highly an- limbo. Tomorrow we will vote around 11 ticipated. Sadly, the Bluffton University base- o’clock on this amendment. I commend Only hours after news of the accident ball team’s fatal accident was not Senator BINGAMAN and Senator SPEC- hit home, these families pledged to im- unique. We have witnessed story after TER. They have offered amendments as prove safety measures on motorcoaches story about motorcoach accidents. One well dealing with other parts of this so that preventable—preventable—fa- happened in Texas, which precipitated legislation for which I commend them. talities would not occur in the future. Senator HUTCHISON’s involvement in But I hope my colleagues, both Demo- For John Betts, who lost his son this effort. This bill takes the lessons crats and Republicans, would think David in the crash, it was important to learned from the tragic events of the long and hard about this moment. Sen- take the accident and make it into Bluffton University baseball team’s ator CARL LEVIN of Michigan said something positive in honor of his son motorcoach accident and aims to cor- something very important toward the and the other bright, talented young rect them for future riders. conclusion of his remarks: That this in men who died that morning. Motor- It is my hope that in the future par- itself becomes a precedent, that some coach safety became his crusade. ents will not have to endure the an- future administration, fearing they I spoke to Mr. and Mrs. Betts today guish and the grief that the Betts fam- would not get permission from a FISA and their son and daughter and talked ily members experienced and the fam- Court to engage in an activity that vio- to other parents of survivors and one ily members of Tyler Williams and lated the privacy of our fellow citizens who had died, and I think about their Cody Holp and Scott Harmon and Zack will no doubt use the vote tomorrow, courage and their commitment and Arend and, as I said, the Betts family. if, in fact, those who are for retroactive their passion to do this in the names of I applaud the Betts family and the immunity prevail. They will cite that their sons, to fight for motorcoach other Bluffton University parents for act by this body as a legal justification safety so this tragedy does not befall their courageous fight, for their per- for some future administration circum- other families. The Betts family sees sistence, and for their dedication to venting the FISA Courts in order to do upgrading the safety laws for improving motorcoach safety in the exactly what was done in this case. It motorcoaches as an opportunity to midst of so much personal pain. Those becomes a legal precedent. save the lives of future riders. Mr. families are truly remarkable. So there is a great deal at risk and at Betts sees it also as a way to memori- I urge this body to swiftly pass the stake with this vote tomorrow. It is alize David and his teammates and, as Motorcoach Enhanced Safety Act. about the rule of law. It is not about he puts it, to make the world they Mr. President, I yield the floor and whether you care about the security of lived in better than it was when they suggest the absence of a quorum. our Nation. Every one of us cares deep- left it. The PRESIDING OFFICER. The ly about that, and we want to do every- The Motorcoach Safety Enhancement clerk will call the roll. thing we can to thwart those who Act, which I introduced last November The legislative clerk proceeded to would do us great harm. This is about along with Senator HUTCHISON from call the roll. the simple issue of whether a court of Texas, would address the shortfall in Mr. REID. Mr. President, I ask unan- law ought to determine whether these safety regulations for motorcoaches. imous consent that the order for the companies violated the Constitution. Today’s final report echoes the rec- quorum call be rescinded. Did they or didn’t they? If they did not, ommendations the NTSB has been pub- The PRESIDING OFFICER (Mr. lishing for years and aligns itself with so be it. If they did, then those to BROWN). Without objection, it is so or- whom they did harm ought to be com- the safety improvements incorporated dered. pensated at what marginal or minimal into our legislation. Specifically, the National Transportation Safety Board level one would decide. But let the f court decide this. Let’s not decide it by underscored major safety shortfalls a simple vote here and set the prece- that the Motorcoach Safety Enhance- MORNING BUSINESS dent that I think we would regret for ment Act addresses, such as develop- years and years to come. ment of a motorcoach occupant protec- Mr. REID. Mr. President, I ask unan- With that, Mr. President, I yield the tion system, improved passenger safety imous consent that the Senate proceed floor. standards, enhanced safety equipment to a period for the transaction of morn- I suggest the absence of a quorum. and devices, and required onboard re- ing business, with Senators allowed to The PRESIDING OFFICER. The corders with the capability to collect speak therein for up to 10 minutes clerk will call the roll. crash data. each. The assistant legislative clerk pro- Many of the injuries sustained in The PRESIDING OFFICER. Without ceeded to call the roll. motorcoaches could be prevented by in- objection, it is so ordered.

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6430 CONGRESSIONAL RECORD — SENATE July 8, 2008 IDENTIFYING BENEFICIARIES their Medicare identification cards hometown. In his recent book ‘‘Life in Mr. DURBIN. Mr. President, the in- with them—cards with the very same the Shadows of Hartford College and spector general of the Social Security Social Security number on them. Why Campbellsville University,’’ he wrote, Administration recently issued a re- would CMS increase senior citizens’ ‘‘I could not have grown up in a better port taking the Centers for Medicare vulnerability to identity theft? place or time. Nowhere could there and Medicaid Services to task for its I first raised this concern in 2005 and have been better people to nurture a failure to take steps to implement the successfully offered an amendment to young boy, a young man and now an inspector general’s recommendation the Senate version of the fiscal year old man.’’ Dr. Himes graduated from Hartford that the agency stop using Social Secu- 2006 Labor-HHS-Education appropria- High School in 1950 and earned his rity numbers as a beneficiary identi- tions bill to require CMS to provide a bachelor’s degree in history and polit- fier. I support the inspector general’s report to Congress outlining a plan to ical science from Kentucky Wesleyan efforts and would like to bring this move away from using Social Security College in 1959. He earned a master’s issue to the attention of my colleagues. numbers on Medicare identification Social Security numbers were origi- cards. degree in social science from Appa- nally created to administer the Social CMS prepared a report and provided lachian State University in 1961, did Security Program. Over time, the pub- estimates of the cost and time it would other graduate work at Western Ken- tucky University, and did his doctoral lic and private sectors began to use So- take to switch to an identification sys- studies at Vanderbilt University. He cial Security numbers for a variety of tem other than Social Security num- also wore our country’s uniform for 4 other purposes. bers. But it has failed to implement Use of Social Security numbers is a that plan. years in the U.S. Air Force, serving in convenient method to identify individ- Last month, the inspector general of the Korean War. Dr. Himes’s renown as a teacher was uals. But wide-spread use of Social Se- the Social Security Administration legendary. Several years ago I was on a curity numbers also increases the risk issued a report that examined how plane from Kentucky to Washington, of identity theft and fraud. In 2006, the CMS is responding to an IG rec- DC, when a young woman introduced Federal Trade Commission reported ommendation in 2006 to remove Social herself to me as one of his former stu- that more than 8 million Americans Security numbers from Medicare cards. dents. She had only the highest praise The inspector general found that CMS were victims of identity theft in the for him. I made sure to tell Dr. Himes has not done anything beyond pre- prior year. about that afterwards. The impact he Identity thieves can obtain an indi- paring the report to Congress. had on this young woman’s life, and vidual’s personal information by steal- The inspector general made his posi- thousands of young people’s lives, can- ing mail or a wallet or rummaging tion clear. The report states: not be understated. through your trash. That personal in- Given the millions of individuals at risk Let me point out that my wife, Sec- formation can be used to obtain a cred- for identity theft and OMB’s directive to retary of Labor Elaine Chao, was a big eliminate unnecessary uses of [Social Secu- it card in your name, write bad checks fan of Dr. Himes as well. When she first from a bank account created in your rity numbers], we believe immediate action is needed to address this significant vulnera- met him she was new to Kentucky and name, or authorize the electronic just getting to know people. Dr. Himes transfer of funds from your bank ac- bility. The report also declares: was so friendly and helpful, they soon count to a different account. became fast friends. He was a great A Social Security number is a key We do not believe a Federal agency should place more value on convenience than the se- guide to the people and places in Ken- piece of information used in identity tucky. thefts. Recognizing this threat, many curity of its beneficiaries’ personal information. Dr. Himes was always actively en- public and private entities have taken gaged with the world around him, and It is very disappointing that CMS is steps to limit the use and display of so it is no surprise he was involved in not taking recommended steps to pro- Social Security numbers. political campaigning and public serv- tect Medicare beneficiaries from iden- Last year, the Office of Management ice as well. His first campaign experi- tity theft. and Budget called on Federal agencies ence came when he was in the third to safeguard personally identifiable in- Private health insurers have moved grade at Wayland Alexander Elemen- formation. It required agencies to es- away from using Social Security num- tary School he supported Wendell L. tablish plans to eliminate unnecessary bers. Other Federal agencies have too. Willkie in the 1940 Presidential elec- collection and use of Social Security It is time for CMS to do the same. tion. numbers and to explore alternatives to f Luckily, that first loss did not deter Social Security numbers. TRIBUTE TO DR. BOBBY R. HIMES him from politics completely. Moving A number of Federal agencies are re- to Taylor County, KY, in 1961, Dr. ducing the use of Social Security num- Mr. MCCONNELL. Mr. President, I Himes went on to serve in leadership bers. The Department of Veterans Af- rise to note with sadness the passing of posts for local campaigns. He then be- fairs no longer displays Social Security Dr. Bobby R. Himes, a retired Camp- came chairman of the Taylor County numbers on new veteran identification bellsville University professor and star Republican Party in 1982, a position he cards. The Department of Defense is Kentuckian who will be greatly missed. held for 10 years. issuing health cards that no longer dis- After over four decades of service to his Dr. Himes was twice named the play Social Security numbers. And the students, his community and the Com- Campbellsville/Taylor County Chamber Office of Personnel Management has monwealth of Kentucky, he leaves be- of Commerce Educator of the Year. He directed health insurers participating hind many loved ones and a great leg- was also named the 2001 Business and in the Federal Employees Health Ben- acy of accomplishment. He was 76 Professional Women’s Club Man of the efit Program to eliminate Social Secu- years old. Year and the 2004 Central Kentucky rity numbers from insurance cards. Known to students and colleagues as News-Journal Man of the Year. He re- Unfortunately, the Centers for Medi- ‘‘Mr. Campbellsville University,’’ Dr. ceived the Outstanding Social Studies care and Medicaid Services continues Himes taught 7,940 students over his Teacher Award from the Kentucky to display Social Security numbers on long career, according to grade books Council for the Social Studies in 1982. Medicare identification cards. Con- he kept in his possession. He first came Dr. Himes was a member of Camp- sumers Union and others have noted to Campbellsville University in 1961 at bellsville Baptist Church, and he be- this practice needlessly places Medi- the age of 29 and retired in 2001 as a longed to the Honorable Order of Ken- care beneficiaries at risk for identity history and political science professor. tucky Colonels. He was perhaps the theft. More than 4,000 Campbellsville stu- biggest fan of Lady Tiger Basketball at The Social Security Administration dents took his popular class ‘‘United Campbellsville University, and the urges people not to carry their Social States History Since 1877,’’ which team recognized his support by cre- Security cards with them in order to began in 1961. ating the Bobby Himes Award, which protect against theft. But Medicare Dr. Himes grew up in Hartford, KY, honors dedication, determination and beneficiaries are instructed to carry and always remained proud of his loyalty.

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6431 Dr. Himes served under five Presi- heartfelt sympathies go out to her and article in which the child, who was 9 at dents during his tenure at Campbells- all the members of the family of our the time, wished for a mother and a fa- ville University. Dr. Michael V. Carter, departed colleague. ther for Christmas. Senator Helms the current president, said upon hear- Mr. BROWNBACK. Mr. President, I never used adopting a child with cere- ing the news, ‘‘We thank God for the rise to pay tribute to a great patriot— bral palsy to soften his image as a life and career of Dr. Bobby Himes and and a good friend—who passed away on hard, uncaring right-wing ideologues— his service to Campbellsville Univer- our Nation’s Independence Day. in fact, he refused to talk about it in sity and humanity.’’ It seems somehow so fitting that interviews. But Charles was, he said, a My prayers and those of the people of Senator Jesse Helms should have left great blessing and was the center of his Kentucky are with his wife Erlene and us on July 4, the anniversary of Amer- family. He served for years on the the Himes family after this sad loss. I ica’s foundational document. Senator boards of private charities to help oth- hope the wonderful memories of Dr. Helms was, above all else, a patriot ers with cerebral palsy. Himes’s long and fruitful life can give who loved his country and the ideals For those young people who had the them some strength during this dif- we embody as a nation. And he spent opportunity to work with him, he was ficult time. his entire adult life defending those a wonderful mentor. More than any- In his book, Dr. Himes looked back ideals, beginning with his service in thing else, he loved to talk to young at his own success and wrote, ‘‘What a the U.S. Navy in World War II. people, give them guidance and encour- career, what a life for a rural Kentucky Jesse always fought for what he be- agement, and show them the ropes of boy! My granddad Himes would be lieved in, even at great personal—or public service. Those who knew the dy- pleased.’’ political—cost. Two things friends and namics of his office testified that he What a life, indeed. Kentucky and foes alike acknowledged, and admired, was always more accessible to young our Nation have lost a great American about Senator Helms were that you al- people than he was to high-powered with the passing of Dr. Bobby R. ways knew where he stood and that his lobbyists. One of his great legacies is Himes. And I have lost a dear beloved word was as good as gold. He was a man the Jesse Helms Center near his home- friend. of enormous integrity, as all who dealt town of Monroe, NC, an organization f with him on a personal and profes- centered on young people and dedicated VOTE EXPLANATIONS sional level can testify. to assuring that future generations While he was a formidable politician, Mr. TESTER. Mr. President, last fully understand and appreciate the there were some things that, for Jesse, night my flight to Washington was di- blessing and opportunities of this great were more important than political verted to Columbus, OH, due to bad country. success or winning elections. weather. As a result, I missed rollcall What is perhaps most obvious about He spent much of his three decades in vote No. 163, to invoke cloture on the Senator Helms was that he was, simply the Senate standing up for the prin- motion to concur with House amend- put, a political giant. He was among ciples he believed so deeply in, even if ment No. 2 to the Senate amendments the first to take up the pro-life cause that meant taking on powerful opposi- to the housing bill. Had I been present, in Congress, and his dedication to that tion, sometimes in his own party. But I would have voted ‘‘yea.’’ cause never wavered. He was a lifelong Mr. THUNE. Mr. President, last as Jesse famously said, ‘‘I didn’t come opponent of communist tyranny, and night, due to weather delays and an un- to Washington to be a ’yes man’ for his leadership in key Cold War battles expected flight diversion to Columbus, any president, Democrat or Republican was indispensible. Ronald Reagan could OH, I missed the rollcall vote con- . . . I didn’t come to Washington to get never have achieved all that he did cerning cloture on the motion to con- along and win any popularity con- achieve without Senator Helms strong cur with House amendment No. 2 to the tests.’’ and steady leadership as chairman of Senate amendments to the housing What he did win in Washington was the Foreign Relations Committee. bill, H.R. 3221. Had I been present for the enduring affection of people on And that was not all the Reagan rev- this vote, I would have voted ‘‘aye.’’ both sides of the political aisle who olution owed to Jesse Helms. Like Ron- found that this tough-as-nails politi- f ald Reagan, he left the Democratic cian was also a gracious, generous, Party after many years as a Democrat REMEMBERING SENATOR JESSE compassionate human being. As Linda because he believed it no longer em- HELMS Chavez so aptly said in tribute to Sen- bodied the principles he believed in. He Mr. COCHRAN. Mr. President, I was ator Helms, ‘‘he took his politics seri- was on the cutting edge of trans- saddened by the news of the death of ously, but he didn’t use political dif- forming the solid south from the Roo- our former colleague, Jesse Helms of ferences as an excuse for bad man- sevelt coalition to the Reagan coali- North Carolina. It was a privilege to ners.’’ He embodied southern charm, tion. His support for Ronald Reagan in work with him when he served as good manners, and courtliness. He his State’s primary in 1976 was the key chairman of the Agriculture Com- seemed to recognize that there is never to Reagan’s victory, and the beginning mittee. He was always courteous and a contradiction between standing up of the revival of his fortunes that led respectful of the interests of all of the strongly for your political and philo- to the Reagan landslides of 1980 and members of the committee. His con- sophical principles and always treating 1984. scientious efforts to be fair and re- people, including those who disagree Senator Helms’ political leadership sourceful in achieving a consensus on with you, in a way that always respects will be missed, but his impact on our the provisions of legislation providing their human dignity. Nation will remain as his lasting leg- Federal Government support for the Nor was this just a public display of acy. We mourn the passing of this producers of food and fiber were deeply good manners—Jesse Helms’ Christian great American, and we offer our appreciated by me as a Senator from charity extended to his private life as heartfelt condolences to his family, his the State of Mississippi, which is so well. Having been active in the pro-life friends, and to the people of his beloved heavily dependent on farming and agri- movement for a long time I can’t tell North Carolina and across the Nation business. you how many times I have heard the who loved him. I also admired his warmhearted and accusation that pro-lifers only care f friendly manner. He was the epitome of about life from conception to birth— the Southern gentleman. He was force- after that, they have no interest in car- HEALTHY AMERICANS ACT ful and combative in his arguments in ing for their fellow human beings. Ms. CANTWELL. Mr. President, I support of the issues he believed in, Well, suffice it to say that Senator stand today for the 47 million Ameri- and he was never afraid to say what he Helms disproved this caricature. Jesse cans who are uninsured and looking to thought, even though he knew he and his wife Dot were always what I Congress to address an issue that has might not be supporting the prevailing like to call ‘‘pro-life and whole-life.’’ In reached critical proportions. view. 1963, after 21 years of marriage, they I stand for the millions of Americans His wife Dot was one of the most pre- adopted a disabled child, their son who are underinsured and cannot af- cious Senate Wives Club members. My Charles, after they read a newspaper ford to pay the difference between their

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6432 CONGRESSIONAL RECORD — SENATE July 8, 2008 health costs and their meager cov- ican into a transparent, affordable, ef- The credit has been used to reclaim erage. ficient and healthy system that can abandoned commercial space and en- I stand for the millions of Americans help those that need it most. courage business development and eco- who have lost their health coverage f nomic activity in downtown Portland. along with their jobs. Portland Family of Funds used the NEW MARKETS TAX CREDIT And, I stand for the small businesses credit to assist a minority developer fi- that cannot afford to cover the costs of Mr. SMITH. Mr. President, I wish nance the development of two business their employees. today to talk about the impact the new condominiums designed to bring That is why I am joining Senators markets tax credit has had in revital- minority- and women-owned businesses RON WYDEN, BOB BENNETT, and many of izing distressed neighborhoods in my into the downtown Portland market. In my other colleagues in taking the first home State of Oregon. addition, the credit financed the Port- steps towards a bicameral, bipartisan, The new markets tax credit has be- land Small Business Loan Fund which comprehensive solution for all called come a vital financing tool to organi- provides financing to new and emerg- the Healthy Americans Act. zations throughout Oregon, like United ing small businesses operating in low- The Healthy Americans Act recog- Fund Advisors and Portland Family of income neighborhoods in the city. nizes that our health care system is Fund, to invest in and nurture business None of the projects that I just de- fundamentally broken and requires opportunities in our low income com- scribed would have been completed Congress, the President, and the Fed- munities that are in need of invest- without the new markets tax credit. eral Government as a whole to engage ment capital. Last year the GAO published a report in a serious dialogue about our coun- The New Markets Tax Credit was on the NMTC and found that 88 percent try’s health care priorities and the so- signed into law in 2000 with the goal of of the NMTC investors would not have lutions that can make those priorities using a modest Federal tax credit as an invested in the low-income community attainable. incentive to attract private investment or business without the subsidy pro- The Healthy Americans Act guaran- capital to viable urban and rural mar- vided by the credit. tees affordable, high quality, perma- kets that private investors often over- I am a strong supporter of the NMTC nent health coverage for all Americans. look and I am happy to report that the because of its potential to bring com- It provides benefits equal to those credit has done just that. munities and businesses that have tra- available to Members of Congress, and The Treasury Department reported ditionally been left out of the main- gives incentives for individuals to that as of July 1, 2008, the credit is re- stream financial market into the main- make a commitment to prevention, sponsible for $11 billion of new invest- stream market. wellness, and disease management. ment going into economically dis- I hope my colleagues will join me to It changes the crumbling foundation tressed communities across the coun- support the extension of the new mar- on which we have built our system, try. More than $600 million in NMTC- kets tax credit, which is currently set challenges the status quo, and makes a supported projects have been launched to expire at the end of this year. Our commitment to the right of all Ameri- in Portland alone with the promise to cities and rural communities need this cans to live their lives without fear of create more than 9,000 construction program, and I will do all I can to see losing, or not being able to afford and permanent jobs for city residents. that it is extended and expanded. health coverage. United Fund Advisors and its sister This solution is affordable for us. In organization Portland Family of Funds f fact, according to independent studies, are but two organizations using the this piece of legislation is fully paid for credit in my home State, but I hold up IDAHOANS SPEAK OUT ON HIGH using the $2.2 trillion currently spent their works as an example of how the ENERGY PRICES on health care in America and saves NMTC can work. Mr. CRAPO. Mr. President, in mid- $1.48 trillion over 10 years. United Fund Advisors and Portland June, I asked Idahoans to share with The benefit to Americans will be pro- Family of Funds recognized the poten- me how high energy prices are affect- found. tial of downtown Portland. Since 2002, ing their lives, and they responded by The Healthy Americans Act changes through their CDEs, they have been the hundreds. The stories, numbering the way we think of health care in awarded $165 million in credits, which over 1,000, are heartbreaking and America through the modernization of they have used to attract investors to touching. To respect their efforts, I am fundamental relationships in our cur- finance vital community services, as submitting every e-mail sent to me rent system. By redefining the rela- well as businesses in neighborhoods through [email protected] tionship between employers, employ- that have suffered from chronic pov- .gov to the CONGRESSIONAL RECORD. ees, and health insurance, we give the erty and disinvestment. This is not an issue that will be easily American people a choice when it In downtown Portland, the credit has resolved, but it is one that deserves im- comes to the coverage, the cost, and financed several community facility mediate and serious attention, and Ida- the benefits they need for their fami- projects, including the Community hoans deserve to be heard. Their sto- lies and their health. Transitional School, which is an ele- ries not only detail their struggles to The Healthy Americans Act marks mentary school that serves homeless meet everyday expenses, but also have the beginning of a comprehensive, bi- children throughout the city. The suggestions and recommendations as to partisan effort to health care reform. school serves over 200 homeless chil- what Congress can do now to tackle There will be many challenging issues dren a year and has been in operation this problem and find solutions that to consider as my colleagues and I since 1990. However, it was unable to last beyond today. I ask unanimous work to provide every American with secure the financing it needed to sup- consent to have today’s letters printed quality coverage. These include con- port the $3.5 million rehabilitation of in the RECORD. cerns over the potential disruption its facility to create a safe, stable and There being no objection, the mate- that such a profound change to the sys- permanent home for the school. The rial was ordered to be printed in the tem would have on those with existing credit was used to attract financing RECORD, as follows: coverage, as well as the lack of a pub- from U.S. Bancorp to make the project Senator—I am getting sick and tired of licly sponsored health plan option. possible and the school now expects to hearing from Easterners who live in New I hope to work with Senators WYDEN, open the doors to its new 9,500-square- York or Washington, DC, and can walk to BENNETT, and my Senate colleagues in foot facility this fall. the corner store and who have mass transit ensuring that this legislation addresses The credit also provided the gap fi- options readily available constantly harping those concerns, as well as others that nancing necessary to develop a drug re- about raising gas prices even higher in order may be raised in the future. habilitation facility within the Union to get people to use less gas. The logic is absolutely heinous. Although complex, the health care Gospel Mission and to rehabilitate a We live seven miles east of Mountain crisis is one that we cannot afford to theater and community space in the Home; we have no other options but to drive ignore any longer. Together, we can Portland Armory, which had been lying to get anywhere, and, if it is snowing real turn the health care system in Amer- vacant for about 35 years. hard, our only option is our supposedly-evil

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6433 SUV; our other cars won’t make it out of our Oh, and by the way—why haven’t the Re- and my wife is staying at home with the steep driveway. Buying gasoline is not a publicans been all over the Democrats about baby most of the time. I am a struggling choice, it is not a luxury—it is a necessity. the fact that they were going to fix every- mortgage loan originator, fighting to try and We’ve already cut our consumption, we’ve thing that was wrong in the world once they keep my family afloat in a suffering housing limited our trips into Boise to the absolute had control of Congress? Could you guys market. I live in Emmett, and my office is in minimum and we even try to consolidate our please make some noise about the fact that Boise, so like many, many other folks from trips into town as much as possible. some things aren’t George Bush’s fault but Emmett, I commute to work. The increase in Any further cuts will require some major should be laid at the feet of the Democrat- fuel prices has caused me to cut down the changes—the biggest one would be my seri- ically-controlled Congress? amount of time I spend at the office. What ously considering quitting school. I’m cur- TAMARA, Mountain Home. used to cost about $27 to get back and forth rently pursuing my Master’s degree in His- to work 4 times now costs over $50. And that tory at BSU, I hope to graduate in May—but Honorable Senator, I am absolutely aston- is with driving my 32 mpg Hyundai. if gas prices go up to the eight or ten dollars ished and even sickened at the shameful in- Gas prices didn’t used to be a deciding fac- a gallon that I’ve heard many of the so- terrogation of the oil company executives tor in the work and recreational activities called environmentalists advocate, I won’t that was conducted by Senator Durbin, Max- that we did. But, at $4 a gallon for fuel, we be able to continue driving up to Boise three ine Waters and others. Also, Senator McCain cannot afford to get out as much as we used to four times a week. We also have to limit for insinuating that the ‘Speculators’ are to to, which limits the amount of money we our driving to one trip to Mountain Home blame for the high price of oil. Why is so spend on other activities. I’m sure I’m not each day to my husband’s office in our most much time being spent pointing the finger of alone and, with hundreds of thousands of gas-efficient vehicle, and none on the week- blame at people who did not cause this prob- Idahoans not spending as much money on ends. If that means that one of us has to sit lem in the first place? recreational activities, it is further hurting around for hours waiting for the other one so These committees should be spending their our local and national economies. be it. Our trips to the base to the Com- time removing the restrictions that have I firmly believe that we as a nation are missary and BX will have to be made in con- minimized access to the resources of our own able to and need to develop alternative fuels junction with a workday trip in to town, and country as quickly as possible. I urge you to AND drill for fossil fuels in an environ- we may stop making them altogether unless meet with the Senators who somehow do not mentally-responsible way. With advances in they were in conjunction with a trip to the understand that it is their own actions that technology, I am sure that it is possible. No hospital—the savings would probably be out- have brought us to this place. one needs to drill through the head of a car- They have stifled production, placed their weighed by the gas costs. ibou in order to get oil. With the oil avail- own taxes on our fuel supply and even Moving is not an option—my husband and able in ANWR and the newly-discovered threaten to penalize and take away profits I are both Air Force retirees who invested North Dakota oil reserves, we have the po- from the very companies who can invest our savings, an immense amount of sweat eq- tential for enough fuel to sustain our nation those profits back into increasing the avail- uity, and a lot of love in our ultimate dream and stimulate the economy until further ad- able supplies, finding new resources in an en- house on a beautiful lot on forty acres. This vances in alternative energy sources can be vironmentally friendly way and developing is our home. We love living in the country achieved. the same way many people love living in the cleaner fuels. With sufficient resources, the Please do everything you can to minimize private sector will be able to solve this prob- city. They have their rapid transit that is the hurt we Idahoans are feeling due to the lem. highly subsidized by the government; why sky-high energy costs. Struggling young are we paying for their lifestyle so that they You must convince other congressmen that the only solution is to get out of the way and families like mine are fighting just to keep can play holier than thou and harp about our heads above water and gas prices are mine being evil? remove the restrictions that prohibit qualified companies from increasing domestic threatening to push us under. My husband and I are actually quite Sincerely, production of energy. lucky—we’re retirees who can make choices HOUSTON, Emmett. about when and where we want to be places— Thank you for the work you do on our behalf. they’re hard choices, but at least they’re our My wife and I live in a small rural commu- RAMONA. choices. Most people do not have that lux- nity in Idaho. We try to make one big trip ury. I keep thinking about the many people Dear Senator Crapo, I would first like to each summer, and we visit my wife’s family who were out here working on our house, thank you for the way you voted in the rein Utah once a month. We both drive mid- most of whom drove from Boise. They didn’t cent issues. I would also like to have my sized American-made cars that are fairly ec- have a choice, they had to make the drive. voice heard on the energy crisis. I feel that onomical, but [the cost] to fill our gas tank They did, however, have an alternative fund- you should take the restrictions off the oil has gone from $30 to $60. ing source—they could pass their costs on to This is $30 less that we can spend on gro- company and allow them to drill for oil. I us, which is what is now happening with all ceries. Our grocery bill has also increased by feel that the U.S. is getting into a situation businesses and commodities—and everything $20–$40 a month. We have one small child and such as Germany and Japan during World is just going to keep getting more and more hope to have another next year, and I know War II. They did not have the resources so expensive as this goes around in a lovely lit- my salary is not going to keep up with 7% that they were in a position of weakness. I tle circle. Remember the 70s and inflation? If inflation. It is not just fuel we are worried feel that the energy crisis is brought about we do not find a way to stop this pretty soon, about. Our house is entirely electric because because of special interest at the expense of we’re going to see inflation like we’ve never natural gas is not available in our neighbor- our national security. I also feel that they seen it before. . . hood and, before we switched our utility bill should allow nuclear energy. It would cer- I’m all for ‘‘alternative energy;’’ I’d be to level pay, we were paying outrageous tainly solve many problems and other coun- thrilled to use a vehicle that runs on ‘‘alter- charges to heat and cool our house. Idaho native energy’’—if there was one available tries have been using it. Sincerely, has some of the cheapest electric power in and I could afford it. Additionally, the gov- the nation, and our electric bill in January JACKIE, Pocatello. ernment has been funding research into ‘‘al- was nearly $400.00. Idaho seems to be anti- ternative energy’’ for years now—do not Senator Mike: I am not severely damaged coal fired plants, but I am not. I lived next make me raise even more funds for it every by the gas prices because I can still afford to to a coal-fired plant in West Virginia and time I fill up my gas tank. On top of that— drive. But I am more cautious, and am much didn’t notice any ill effects. However, I do not you think that whoever it is who fi- more conservative in my driving. The cost would rather see increased hydro, nuclear, nally makes a vehicle that does run on ‘‘al- between $2 gas and $4 gas is about what and geothermal energy production. Nuclear ternative energy’’ will be able to make an many families pay for the cell phone service is clean, and I think it is the way to go. awful lot of money on it? Why should I be per month. Most people haven’t put things Geothermal and hydro are both regular paying for the R&D for their huge profits? into perspective properly. and efficient methods of producing power. I Stop wasting your time and my money con- There are lots of explanations of the rea- am not in favor of wind farms; their source ducting show trial hearings of oil executives son for the high prices and they seem to of energy is inconsistent at best, and I do not and do something useful like maybe sus- point at two reasons: foreign demand (China think the technology is quite good enough to pending the stupid rules about mandatory and India) and the commodity speculators. place solar power above nuclear or coal. I floors on ethanol usage—with the floods in Neither of these can be fixed. However, the support drilling in ANWR and other offshore the midwest and the even higher corn prices exchange value of the dollar can be fixed, sites in the U.S. ANWR is some of the most that is going to raise gas prices even higher. and we can announce that we are going to desolate and unattractive tundra wasteland Drill everywhere we can get oil. Use the start new oil exploration and drilling in the you will ever see. Drilling could be accom- shale oil. Build nuclear plants. Do it now so Gulf of Mexico (Not ANWR). plished there with virtually no ill effects to that ten years from now your successor Those two solutions sound reasonable and humans and very minimal effects to the few won’t be saying ‘‘oh, well, we would have had obtainable. Thanks for listening. species who can survive the harsh tundra cli- to do that ten years ago for it to have done BOB, Gooding. mate. Anything we can do to research and any good so we might as well not do it now drill for that shale-oil found throughout the that gas prices have risen to fifteen dollars a Fuel prices are seriously affecting my fam- mountainous West would be beneficial. I gallon. . .’’ ily’s income. My wife and I are new parents, would hope that American auto makers can

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6434 CONGRESSIONAL RECORD — SENATE July 8, 2008 use technology to make more fuel-efficient in the way of high energy costs. We must that make this future vision come to fru- vehicles that are less reliant on petroleum. I execute a well-thought-out plan that does ition (alternative fuel delivery infrastruc- think ethanol is a piece of the puzzle, but it not band-aid the current situation, at the ex- ture, home power transfer technology, etc.). can never replace petroleum and is not the pense of the future. Quite frankly, I would PAT, Boise. ultimate solution. I’m sure you do not want rather pay my share now, if it means my f a novel, so I’ll end on that note. children will have the opportunity to live in CHRIS, Burley. a world where they can focus on being all HONORING TROOPER DAVID they can be, without fear of making trade- SHAWN BLANTON, JR. Dear Mr. Crapo, You’re so right about the offs between the fuel it takes to get them to Mr. BURR. Mr. President, I wish to gas prices affecting those of us in Idaho. So work, and the food or health care that they honor the life of North Carolina State many of us are in rural areas that do not need to survive. Finally, we need to act now offer the services of a bigger city, i.e. spe- (not next session, or the one after that). trooper David Shawn Blanton, Jr., who cialized physicians, food and clothes shop- Election year, or not . . . I will be more was tragically killed on June 17 during ping, automotive and farming equipment and prone to vote out candidates that procrasti- a routine traffic stop near Canton, NC. supplies, etc. While you say the average nate on this urgent topic, at the expense of David is the 59th North Carolina State Idaho household is spending $50 more/month, being popular with their constituents in an trooper to have been killed in the line I can attest to the fact that it is more like election year (and I believe that candidates of duty. $100 more/month, especially where we must would actually be more popular, if they David was only 24 years old and was travel approximately ten miles to the near- acted, rather than delayed). a 2-year veteran of the North Carolina est town. Those people who are on repeat These are my positions. I am no authority. Highway Patrol. He was a native of chemo or dialysis treatments are really tak- I believe a plan like this could be achieved, ing it in the pocket book! if we could all learn to work together (par- Sylva, NC, and a 2002 graduate of We need to tap into the alternative energy ticularly the Legislature) and assemble a 20- Smoky Mountain High School, where resources in our country and stop relying on year plan that alleviates much of our de- he was a football and wrestling star. other Third World countries who commit pendence on foreign oil, to wit: We are all grateful for David’s dedi- atrocities against humanity. Meanwhile, Our oil companies are doing just fine, cation to protecting the citizens of since it is an emergency in terms of the USA thank you. While I would not be in favor of North Carolina. He lived in Cherokee economic status, let us try, just try, to de- a windfall tax on oil profits, that would with his wife Michaela, who had just pend on the oil reserves and resources in the merely be passed along to consumers, in the given birth to their son Tye 2 weeks U.S. and Canada and see where that takes us. form of further fuel price increases, I would prior to his untimely passing. I do not see (in my limited experience) how be in favor of a large tax deduction for in- David was a member of the Eastern it would make us any less of a super power. creasing refinery capacity so long as an Frankly, we’d be setting a good example. equal investment was made in alternative Band of the Cherokee Indian Tribe and Thank you for considering my request to forms of energy development (wind, solar, the first member of that tribe to serve be heard as a lifetime citizen of Idaho and seas, geothermal, etc). with the highway patrol. In addition to the USA. Establishing legislation that requires all being a State trooper, David volun- MELANIE, Silverton. automakers selling cars in the U.S. to de- teered as the junior varsity softball velop, by 2018, models of reliable, economi- coach at Smoky Mountain High I am a recently (February) divorced cal, and efficient electric-based commuter School. woman; mid-50’s living in Blackfoot. I have vehicles, enabling local transportation, thus Along with his wife Michaela and son been doing okay, being able to make ends decreasing pollution and allowing consumer Tye, David is survived by his father meet. Recently I had to change my taxes. At cost avoidance for fossil-fuel unless traveling the present time, I have no real estate, longer distances. This would include fuel- David S. Blanton Sr., stepmother Jen- which should change by December. Being cell, rechargeable, etc. vehicles. nifer Blanton, mother Jeanell single again my taxes have changed to take Speed up the approval of nuclear power Youngbird, younger brothers, Jerry R. out another $284.00 per month. generating permits to ensure we have the Blankenship, Jim Kye Blankenship, Meanwhile, I have a mother, widowed, in generating capacity to begin the shift to Jesse J. Blanton, and sister Natalie E. her late 80s that I have to travel to Idaho electric vehicles. Blanton. Falls from Blackfoot to help with bills, doc- Mandate approval of local option taxes as David’s friends, family, fellow troop- tor appointments, grocery shopping, keeping the Federal level, allowing citizens to tax ers, and the people of North Carolina the yard mowed and all the things that go themselves for transportation plans that re- are mourning this very tragic loss. with helping to assist in the care of an elder- duce CO2 emissions (it is clear our own State ly parent. She is fairly competent, and I am Legislature is asleep at the wheel on this I know that there are no words that really lucky, but she is getting weaker and subject). Like No Child Left Behind, we have I can offer to help comfort Michaela shakier. I worry. proven it is possible to require state govern- and other members of the Blanton fam- Just last month alone, my gas bill went ments to ‘‘act’’ in positive ways. ily, but I hope my colleagues in the from $100.00 per month to $180.00. This is Open up ANWR to exploration, drilling, Senate will join me in keeping them in huge for me. Considering I work for a salary and oil production, along with environment our thoughts and prayers. and receive no overtime, I guess you could preservation regulations that require ‘‘log- David gave his life in service to our say I have a ‘fixed’ income. I really cannot ical’’ and ‘‘thoughtful,’’ yet inexpensive State, and this ultimate sacrifice get a second job because I really need to be ways of minimizing our footprint in this, and all areas (including offshore) that may should never be forgotten. able to leave at a moment’s notice if I need I send my deepest condolences to all to take care of her needs. The gas is actually produce the fuels we need to get to an elec- dipping into my savings I pay myself each tric-based commuter mentality. Require en- who had the privilege of knowing this month. vironmentalists to ‘‘prove’’ the impact, not young man who gave his life in service This has caused a lot of emotional feelings speculate, and enact the needful, but min- to our State. for me. I am torn between where I should be imum. f and how much it is going to cost me to get Require all oil companies to invest in in- there. These choices should not be weighed frastructure that allows for the delivery of ADDITIONAL STATEMENTS between gas prices and a mother in need. alternative fuels (e.g., hydrogen) in a I hope something can be done about this. stepwise, U.S.-wide plan that allows for a When I purchase gas, I get physically sick in complete mapping of these services in the TRIBUTE TO BARBARA MORGAN my stomach and I feel angry. My car gets 28 next fifteen years. ∑ Mr. CRAPO. Mr. President, I am mpg on the freeway, thank goodness. Imag- Provide tax-incentives, or perhaps Federal proud to announce the return of NASA Grants to companies that can develop tech- ine if I had a truck or something less con- mission specialist, teacher in space servative. nologies that allow for the generation of Sincerely, clean power right in our homes (advanced Barbara Morgan, not to Earth—that CATHY, Blackfoot. solar cells, fuel cells, etc.). was 10 months ago—but to Idaho and We need to act now, as the answers are Boise State University where she has The Honorable Senator Crapo: I appreciate sure to be long in the making. But we also been hired in a newly created position the opportunity to share the personal feel- need to take some chances (ANWR) that that will develop education initiatives ings on high fuel costs, and the impact these allow us to make it to the next stage of tech- in science, math, engineering, and high energy costs are having on us. I believe nological maturity. We need this balance: technology. Barbara flew on the Shut- that legislative bodies need to get together Current energy exploration and local produc- and ‘‘act’’ in a way that will ensure that my tion along with equal investments in the de- tle Endeavor, Mission STS–118, from children, and theirs, will have a way of life ployment of new energy source technologies. August 8–21, 2007. She served as a mis- free from most of the stress and concerns We also need to enable investments in all the sion specialist onboard Endeavor, work- concomitant we are struggling with today, underpinning services and infrastructure ing as a robotic arm operator in the

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6435 International Space Station assembly upon his retirement after more than 35 the Industrial College of the Armed mission and conducting a teaching les- years of military service. During the Forces. son from space, of which I was fortu- last 3 years, from July 2005 through His outstanding Service has been rec- nate enough to be a part on the ground July 2008, Major General Jackman ognized with numerous military in Boise. served as the Army Chief of Legislative awards including the Distinguished Barbara is a teacher by training. In Liaison. He was instrumental in im- Service Medal, the Defense Superior 1985, she was selected to be the backup proving the understanding of Members Service Medal, with Oak Leaf Cluster; candidate for the NASA Teacher in of Congress and staff concerning a wide the Legion of Merit, with Oak Leaf Space Program, and trained with the range of Army issues, in particular an Cluster; the Defense Meritorious Serv- late Christa McAuliffe for 4 months. understanding of the Army’s role in ice Medal; and the Meritorious Service After the shuttle tragedy in 1986, she the wars in Iraq and Afghanistan, the Medal, with 2 Oak Leaf Clusters. He returned to Idaho and taught second resource requirements for an army at proudly wears the Expert Infantryman and third grades at McCall-Donnelly war, and the effect of those wars on the Badge, the Master Parachutist Badge, Elementary School. She continued to Army and its soldiers and their fami- the Air Assault Badge and the Ranger work with NASA’s Education Division lies. Major General Jackman worked Tab. as the space designee, speaking pub- tirelessly to ensure that soldiers and Major General Jackman is married to licly, designing curriculum, serving on Army civilians had the resources nec- the former Ms. Cathy Dowd. They have the National Science Foundation’s essary to maintain the Army as the two children David, 20, and Patrick, Federal Task Force for Women and Mi- world’s preeminent land service. He 18. David will be a senior at Gilford norities in Science and Engineering, forged effective relationships with con- College this fall, while Patrick will at- and as an education consultant. In 1998, gressional Members and staff, always tend Virginia Military Institute. I also NASA began the Astronaut Educator responding quickly and effectively to congratulate them on their husband’s Program which replaced its Teacher in congressional requests for information and father’s retirement from the Army. Space Program and Barbara was se- and assistance, and has been an invalu- The demands of military life are such lected to train as a mission specialist. able advisor to the Secretary and Chief that military families also sacrifice She began her 2-year training period of Staff of the Army. and serve the Nation along with their that year and, upon completion in 2000, General Jackman’s assignment as soldier. was given technical duties with NASA. Army Chief Legislative Liaison was the Mr. President, the Army, the Con- She continued her duties and ongoing capstone to an outstanding career of gress, and the Nation have benefited training in preparation for Mission service to our Nation. Prior to assum- greatly from the service of such a great STS–118 last summer. ing this position, Major General Jack- leader and soldier. He will be sorely In a preflight interview before STS– man served as the Commanding Gen- missed.∑ 118, Barbara’s extraordinary commit- eral, U.S. Army Military District of f ment to learning was revealed as she Washington and Commander, Joint recounted of the beginning of her pilot Force Headquarters-National Capital MESSAGE FROM THE HOUSE training. She came to flight training Region, Fort Lesley J. McNair, Wash- At 4:23 p.m., a message from the with no flying background, and her ini- ington, DC. His other joint assign- House of Representatives, delivered by tial pilot training experience was in a ments include service as the Deputy for Ms. Niland, one of its reading clerks, Cessna. Being unfamiliar with the com- Training and Readiness, United States announced that the House agrees to munication language between pilots Pacific Command, and Director of Op- the amendment of the Senate to the and air traffic controllers, she went to erations, United States Southern Com- bill (H.R. 802) to amend the Act to Pre- Radio Shack and bought a radio that mand. vent Pollution from Ships to imple- Major General Jackman served as the gave her access to air traffic control so ment MARPOL Annex VI. she could listen and become familiar Chief of Staff and Assistant Division with the language. In the course of Commander, Support, for the 10th f that interview, one of Barbara’s in- Mountain Division, Light, Fort Drum, MEASURES PLACED ON THE sights about the basics of learning, be NY, deploying with the Division in sup- CALENDAR it in a career or in school, revealed port of OPERATION JOINT FORGE, The following bill was read the sec- itself in a fine point about the impor- Bosnia-Herzegovina June 2000 to July ond time, and placed on the calendar: tance of ‘‘learning the language.’’ She 2001. observed that once you master the He began his service to our Nation in H.R. 6377. An act to direct the Commodity Futures Trading Commission to utilize all ‘‘language,’’ be it an actual language or 1973 as a rifle platoon leader, Company A, 1st Battalion, Airborne, 508th Infan- its authority, including its emergency pow- a set of terms used in a particular vo- ers, to curb immediately the role of exces- cation or field of study, things become try, 82d Airborne Division, Fort Bragg, sive speculation in any contract market much easier. She understands very well NC. His leadership positions include within the jurisdiction and control of the that learning the ‘‘language’’ is the serving as a support squadron com- Commodity Futures Trading Commission, on pathway to success. mander in 1st Special Forces Group, or through which energy futures or swaps are Barbara has learned many languages, Airborne, Fort Bragg, NC; Commander, traded, and to eliminate excessive specula- from that of an elementary school 2d Brigade, 7th Infantry Division, tion, price distortion, sudden or unreason- teacher to that of a pilot and NASA as- Light, Fort Ord, CA, and director, able fluctuations or unwarranted changes in Combined Arms and Tactics Direc- prices, or other unlawful activity that is tronaut. Boise State University is very causing major market disturbances that pre- fortunate that she will be bringing her torate, U.S. Army Infantry Center and vent the market from accurately reflecting science, math, and engineering lan- School, Fort Benning. In his numerous the forces of supply and demand for energy guage skills to its students. It has been leadership and command positions commodities. throughout his distinguished career, an honor for me to pay tribute to Bar- f bara’s remarkable achievements today Major General Jackman demonstrated and in the past, and I am certain that an unwavering commitment to the wel- EXECUTIVE AND OTHER there will be many more to come. I fare of his soldiers and their families. COMMUNICATIONS offer her, Clay, and their children my Throughout his career, he played an The following communications were heartfelt congratulations and an en- important role in the development of laid before the Senate, together with thusiastic ‘‘Welcome home to Idaho!’’∑ the future officers and leaders of the accompanying papers, reports, and doc- f Army. uments, and were referred as indicated: Major General Jackman holds a mas- TRIBUTE TO MAJOR GENERAL ter of science degree in procurement EC–6881. A communication from the Acting GALEN JACKMAN General Counsel, Department of Defense, and contract management from the transmitting a legislative proposal that ∑ Mr. LEVIN. Mr. President, I wish to Florida Institute of Technology and a would increase the authorized strength for publicly commend and congratulate bachelor of arts degree from the Uni- Army general officers; to the Committee on MG Galen B. Jackman, U.S. Army, versity of Nebraska. He is a graduate of Armed Services.

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6436 CONGRESSIONAL RECORD — SENATE July 8, 2008 EC–6882. A communication from the Direc- the Committee on Environment and Public System of Preferences; to the Committee on tor, Office of Surface Mining, Department of Works. Finance. the Interior, transmitting, pursuant to law, EC–6892. A communication from the Chief EC–6903. A communication from the Assist- the report of a rule entitled ‘‘Pennsylvania of the Publications and Regulations Branch, ant General Counsel for Regulatory Services, Regulatory Program’’ (Docket No. PA–151– Internal Revenue Service, Department of the Office of Postsecondary Education, Depart- FOR) received on July 7, 2008; to the Com- Treasury, transmitting, pursuant to law, the ment of Education, transmitting, pursuant mittee on Energy and Natural Resources. report of a rule entitled ‘‘Capital Costs In- to law, the report of a rule entitled ‘‘The EC–6883. A communication from the Direc- curred to Comply with EPA Sulfur Regula- Teacher Education Assistance for College tor, Regulatory Management Division, Envi- tions’’ ((RIN1545-BE97)(TD 9404)) received on and Higher Education Grant Program and ronmental Protection Agency, transmitting, July 7, 2008; to the Committee on Finance. Other Federal Student Aid Programs’’ (RIN pursuant to law, the report of a rule entitled EC–6893. A communication from the Chief 1840-AC93) received on July 7, 2008; to the ‘‘Approval and Promulgation of Air Quality of the Publications and Regulations Branch, Committee on Health, Education, Labor, and Implementation Plans; Illinois; Revisions to Internal Revenue Service, Department of the Pensions. Emission Reduction Market System’’ (FRL Treasury, transmitting, pursuant to law, the EC–6904. A communication from the Direc- No. 8575–3) received on July 7, 2008; to the report of a rule entitled ‘‘Employment Tax tor, Office of Congressional Affairs, Federal Committee on Environment and Public Adjustments’’ ((RIN1545-BG50)(TD 9405)) re- Election Commission, transmitting, pursu- Works. ceived on July 7, 2008; to the Committee on ant to law, the Semiannual Report of the In- EC–6884. A communication from the Direc- Finance. spector General for the period of October 1, tor, Regulatory Management Division, Envi- EC–6894. A communication from the Chief 2007, through March 31, 2008; to the Com- ronmental Protection Agency, transmitting, of the Publications and Regulations Branch, mittee on Homeland Security and Govern- pursuant to law, the report of a rule entitled Internal Revenue Service, Department of the mental Affairs. ‘‘Atrazine; Pesticide Tolerances’’ (FRL No. Treasury, transmitting, pursuant to law, the EC–6905. A communication from the Chair- 8364–1) received on July 7, 2008; to the Com- report of a rule entitled ‘‘Extension of Time man, Council of the District of Columbia, mittee on Environment and Public Works. for Filing Returns’’ ((RIN1545-BE62)(TD transmitting, pursuant to law, a report on EC–6885. A communication from the Direc- 9407)) received on July 7, 2008; to the Com- D.C. Act 17-417, ‘‘Street Sweeping Improve- tor, Regulatory Management Division, Envi- mittee on Finance. ment Enforcement Amendment Act of 2008’’ ronmental Protection Agency, transmitting, EC–6895. A communication from the Chief received on July 7, 2008; to the Committee on pursuant to law, the report of a rule entitled of the Publications and Regulations Branch, Homeland Security and Governmental Af- ‘‘Direct Final Approval of Revised Municipal Internal Revenue Service, Department of the fairs. Waste Combustor State Plan for Designated Treasury, transmitting, pursuant to law, the EC–6906. A communication from the Chair- Facilities and Pollutants: Indiana’’ (FRL No. report of a rule entitled ‘‘QAB Closing Agree- man, Council of the District of Columbia, 8688–1) received on July 7, 2008; to the Com- ment Procedure’’ (Rev. Proc. 2008-38) re- transmitting, pursuant to law, a report on mittee on Environment and Public Works. ceived on July 7, 2008; to the Committee on D.C. Act 17-416, ‘‘Nuisance Properties Abate- EC–6886. A communication from the Direc- Finance. ment Reform and Real Property Classifica- tor, Regulatory Management Division, Envi- EC–6896. A communication from the Chief tion Amendment Act of 2008’’ received on ronmental Protection Agency, transmitting, of the Publications and Regulations Branch, July 7, 2008; to the Committee on Homeland pursuant to law, the report of a rule entitled Internal Revenue Service, Department of the Security and Governmental Affairs. ‘‘Flumioxazin; Pesticide Tolerance’’ (FRL Treasury, transmitting, pursuant to law, the EC–6907. A communication from the Chair- No. 8370–2) received on July 7, 2008; to the report of a rule entitled ‘‘Section 7702A Clos- man, Council of the District of Columbia, Committee on Environment and Public ing Agreement Procedures’’ (Rev. Proc. 2008- transmitting, pursuant to law, a report on Works. 39) received on July 7, 2008; to the Committee D.C. Act 17-415, ‘‘Affordable Housing Clear- EC–6887. A communication from the Direc- on Finance. inghouse Directory Act of 2008’’ received on tor, Regulatory Management Division, Envi- EC–6897. A communication from the Chief July 7, 2008; to the Committee on Homeland ronmental Protection Agency, transmitting, of the Publications and Regulations Branch, Security and Governmental Affairs. pursuant to law, the report of a rule entitled Internal Revenue Service, Department of the EC–6908. A communication from the Chair- ‘‘US Filter Recovery Services, Inc., Under Treasury, transmitting, pursuant to law, the man, Council of the District of Columbia, Project XL’’ ((RIN2090–AA15)(FRL No. 8687– report of a rule entitled ‘‘Section 7702 Clos- transmitting, pursuant to law, a report on 6)) received on July 7, 2008; to the Committee ing Agreement Procedures’’ (Rev. Proc. 2008- D.C. Act 17-411, ‘‘Fiscal Year 2008 Other-Type on Environment and Public Works. 40) received on July 7, 2008; to the Committee and Local Appropriations Adjustment Tem- EC–6888. A communication from the Acting on Finance. porary Act of 2008’’ received on July 7, 2008; Chair, Federal Subsistence Board, Depart- EC–6898. A communication from the Chief to the Committee on Homeland Security and ment of the Interior, transmitting, pursuant of the Publications and Regulations Branch, Governmental Affairs. to law, the report of a rule entitled ‘‘Subsist- Internal Revenue Service, Department of the EC–6909. A communication from the Chair- ence Management Regulations for Public Treasury, transmitting, pursuant to law, the man, Council of the District of Columbia, Lands in Alaska, Subpart C and Subpart D— report of a rule entitled ‘‘Section 817(h) Clos- transmitting, pursuant to law, a report on 2008–2009 Subsistence Taking of Fish and ing Agreement Procedures’’ (Rev. Proc. 2008- D.C. Act 17-408, ‘‘Golden Triangle BID Shellfish Regulations’’ (RIN1018–AU71) re- 41) received on July 7, 2008; to the Committee Amendment Act of 2008’’ received on July 7, ceived on July 7, 2008; to the Committee on on Finance. 2008; to the Committee on Homeland Secu- Environment and Public Works. EC–6899. A communication from the Chief rity and Governmental Affairs. EC–6889. A communication from the Direc- of the Publications and Regulations Branch, EC–6910. A communication from the Chair- tor, Fish and Wildlife Service, Department of Internal Revenue Service, Department of the man, Council of the District of Columbia, the Interior, transmitting, pursuant to law, Treasury, transmitting, pursuant to law, the transmitting, pursuant to law, a report on the report of a rule entitled ‘‘Endangered report of a rule entitled ‘‘Section 7702(f)(8) D.C. Act 17-410, ‘‘AED Installation for Safe and Threatened Wildlife and Plants; Final and Section 101(f)(3) Automatic Waiver’’ Recreation and Exercise Temporary Act of Rule to Amend the Listing for the Preble’s (Rev. Proc. 2008-42) received on July 7, 2008; 2008’’ received on July 7, 2008; to the Com- Meadow Jumping Mouse to Specify Over to the Committee on Finance. mittee on Homeland Security and Govern- What Portion of Its Range the Subspecies is EC–6900. A communication from the Chief mental Affairs. Threatened’’ (RIN1018–AV64) received on of the Publications and Regulations Branch, EC–6911. A communication from the Attor- July 7, 2008; to the Committee on Environ- Internal Revenue Service, Department of the ney, Office of the Secretary, Department of ment and Public Works. Treasury, transmitting, pursuant to law, the Transportation, transmitting, pursuant to EC–6890. A communication from the Chief report of a rule entitled ‘‘Meaning of Statu- law, the report of a rule entitled ‘‘OST Tech- of the Branch of Listing, Fish and Wildlife tory Reserves in Multi-State Taxpayers’’ nical Corrections’’ (RIN2105-AD74) received Service, Department of the Interior, trans- (Rev. Rul. 2008-37) received on July 7, 2008; to on July 7, 2008; to the Committee on Com- mitting, pursuant to law, the report of a rule the Committee on Finance. merce, Science, and Transportation. entitled ‘‘Endangered and Threatened Wild- EC–6901. A communication from the Direc- EC–6912. A communication from the Acting life and Plants; Designation of Critical Habi- tor, Import Administration, Department of Director of Regulations, Pipeline and Haz- tat for the Kootenai River Population of the Commerce, transmitting, pursuant to law, ardous Materials Safety Administration, De- White Sturgeon’’ (RIN1018-AU47) received on the report of a rule entitled ‘‘Antidumping partment of Transportation, transmitting, July 7, 2008; to the Committee on Environ- and Countervailing Duty Proceedings: Docu- pursuant to law, the report of a rule entitled ment and Public Works. ments Submission Procedures; APO Proce- ‘‘Pipeline Safety: Protecting Unusually Sen- EC–6891. A communication from the Acting dures’’ (RIN0625-AA73) received on July 7, sitive Areas from Rural Onshore Hazardous Chair, Federal Subsistence Board, Depart- 2008; to the Committee on Finance. Liquid Gathering Lines and Low-Stress ment of the Interior, transmitting, pursuant EC–6902. A communication from the Presi- Lines’’ (RIN2137-AD98) received on July 7, to law, the report of a rule entitled ‘‘Subsist- dent of the United States, transmitting, pur- 2008; to the Committee on Commerce, ence Management Regulations for Public suant to law, notification of his intent to Science, and Transportation. Lands in Alaska—2008-09 and 2009-10 Subsist- designate the Republic of Serbia and the Re- EC–6913. A communication from the Attor- ence Taking of Wildlife Regulations’’ public of Montenegro as separate beneficiary ney, Bureau of Transportation Statistics, (RIN1018-AV69) received on July 7, 2008; to developing countries under the Generalized Department of Transportation, transmitting,

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6437 pursuant to law, the report of a rule entitled No. FAA-2007-0339)) received on July 7, 2008; 340B Airplanes’’ ((RIN2120–AA64)(Docket No. ‘‘Revision of Airline Service Quality Per- to the Committee on Commerce, Science, FAA–2008–0017)) received on July 7, 2008; to formance Reports and Disclosure Require- and Transportation. the Committee on Commerce, Science, and ments’’ (RIN2139-AA12) received on July 7, EC–6922. A communication from the Pro- Transportation. 2008; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- EC–6931. A communication from the Pro- Science, and Transportation. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–6914. A communication from the Senior mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Trial Attorney, Office of Chief Counsel, De- entitled ‘‘Airworthiness Directives; Boeing mitting, pursuant to law, the report of a rule partment of Transportation, transmitting, Model 737-100, -200, -200C, -300, -400, and -500 entitled ‘‘Airworthiness Directives; pursuant to law, the report of a rule entitled Series Airplanes’’ ((RIN2120-AA64)(Docket MORAVAN a.s. Model Z–143L Airplanes’’ ‘‘Railroad Operating Rules: Program of Oper- No. FAA-2007-29062)) received on July 7, 2008; ((RIN2120–AA64)(Docket No. FAA–2008–0345)) ational Tests and Inspections; Railroad Oper- to the Committee on Commerce, Science, received on July 7, 2008; to the Committee on ating Practices: Handling Equipment, and Transportation. Commerce, Science, and Transportation. Switches and Fixed Derails’’ (RIN2130-AB76) EC–6923. A communication from the Pro- EC–6932. A communication from the Pro- received on July 7, 2008; to the Committee on gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. tion, Department of Transportation, trans- tion, Department of Transportation, trans- EC–6915. A communication from the Dep- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule uty Assistant Administrator for Regulatory entitled ‘‘Airworthiness Directives; Bom- entitled ‘‘Airworthiness Directives; Programs, Office of Protected Resources, De- bardier Model CL–600–2B19 Airplanes’’ Turbomeca Arriel 1B, 1D, 1D1, and 1S1 Tur- partment of Commerce, transmitting, pursu- ((RIN2120–AA64)(Docket No. FAA–2008–0047)) boshaft Engines’’ ((RIN2120–AA64)(Docket ant to law, the report of a rule entitled ‘‘No- received on July 7, 2008; to the Committee on No. FAA–2005–21242)) received on July 7, 2008; tice of OMB Approval of Collection-of-Infor- Commerce, Science, and Transportation. to the Committee on Commerce, Science, mation Requirements for the Atlantic Large EC–6924. A communication from the Pro- and Transportation. Whale Take Reduction Plan’’ (RIN0648-AS01) gram Analyst, Federal Aviation Administra- EC–6933. A communication from the Pro- received on July 7, 2008; to the Committee on tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- EC–6916. A communication from the Pro- entitled ‘‘Airworthiness Directives; Fokker mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Model F.27 Mark 050 and F.28 Mark 0100 Air- entitled ‘‘Airworthiness Directives; APEX tion, Department of Transportation, trans- planes’’ ((RIN2120–AA64)(Docket No. FAA– Aircraft Model CAP 10B Airplanes’’ mitting, pursuant to law, the report of a rule 2007–0394)) received on July 7, 2008; to the ((RIN2120–AA64)(Docket No. FAA–2008–0056)) entitled ‘‘Airworthiness Directives; Committee on Commerce, Science, and received on July 7, 2008; to the Committee on Lycoming Engines IO, (L)IO, TIO, (L)TIO, Transportation. Commerce, Science, and Transportation. EC–6934. A communication from the Pro- AEIO, AIO, IGO, IVO, and HIO Series Recip- EC–6925. A communication from the Pro- gram Analyst, Federal Aviation Administra- rocating Engines, Teledyne Continental Mo- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- tors TSIO-360-RB Reciprocating Engines, and tion, Department of Transportation, transmitting, pursuant to law, the report of a rule Superior Air Parts, Inc. IO-360 Series Recip- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; rocating Engines with Certain Precision entitled ‘‘Airworthiness Directives; Boeing Eurocopter France Model EC130 B4 Heli- Airmotive LLC RSA-5 and RSA-10 Series Model 727 Airplanes’’ ((RIN2120– copters’’ ((RIN2120–AA64)(Docket No. FAA– Fuel Injection Servos’’ ((RIN2120- AA64)(Docket No. FAA–2007–0227)) received 2007–28228)) received on July 7, 2008; to the AA64)(Docket No. FAA-2008-0420)) received on July 7, 2008; to the Committee on Com- Committee on Commerce, Science, and on July 7, 2008; to the Committee on Com- merce, Science, and Transportation. EC–6926. A communication from the Pro- Transportation. merce, Science, and Transportation. EC–6935. A communication from the Pro- gram Analyst, Federal Aviation Administra- EC–6917. A communication from the Pro- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule tion, Department of Transportation, transmitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Pacific entitled ‘‘Airworthiness Directives; Avidyne entitled ‘‘Airworthiness Directives; Avidyne Aerospace Limited Model 750XL Airplanes’’ Corporation Primary Flight Displays (Part Corporation Primary Flight Displays’’ ((RIN2120–AA64)(Docket No. FAA–2008–0175)) Numbers 700–00006–000, –001, –002, –003, and ((RIN2120-AA64)(Docket No. FAA-2008-0340)) received on July 7, 2008; to the Committee on –100)’’ ((RIN2120–AA64)(Docket No. FAA–2008– received on July 7, 2008; to the Committee on Commerce, Science, and Transportation. 0340)) received on July 7, 2008; to the Com- EC–6927. A communication from the Pro- Commerce, Science, and Transportation. mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- EC–6918. A communication from the Pro- tation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–6936. A communication from the Pro- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Hawker tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Boeing Beechcraft Corporation Models B200, B200GT, mitting, pursuant to law, the report of a rule Model 757 Airplanes’’ ((RIN2120-AA64)(Docket B300, and B300C Airplanes’’ ((RIN2120– entitled ‘‘Airworthiness Directives; Saab No. FAA-2008-0011)) received on July 7, 2008; AA64)(Docket No. FAA–2008–0392)) received Model SAAB–Fairchild SF340A and SAAB to the Committee on Commerce, Science, on July 7, 2008; to the Committee on Com- 340B Airplanes’’ ((RIN2120–AA64)(Docket No. and Transportation. merce, Science, and Transportation. FAA–2007–29331)) received on July 7, 2008; to EC–6919. A communication from the Pro- EC–6928. A communication from the Pro- the Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Transportation. tion, Department of Transportation, trans- tion, Department of Transportation, trans- EC–6937. A communication from the Pro- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; entitled ‘‘Airworthiness Directives; tion, Department of Transportation, trans- McCauley Propeller Systems Propeller Mod- PILATUS AIRCRAFT LTD. Model PC–12, mitting, pursuant to law, the report of a rule els’’ ((RIN2120-AA64)(Docket No. FAA-2006- PC–12/45, and PC–12/47 Airplanes’’ ((RIN2120– entitled ‘‘Standard Instrument Approach 25173)) received on July 7, 2008; to the Com- AA64)(Docket No. FAA–2008–0070)) received Procedures, and Takeoff Minimums and Ob- mittee on Commerce, Science, and Transpor- on July 7, 2008; to the Committee on Com- stacle Departure Procedures; Miscellaneous tation. merce, Science, and Transportation. Amendments’’ ((RIN2120–AA65)(Amdt. No. EC–6920. A communication from the Pro- EC–6929. A communication from the Pro- 2171)) received on July 7, 2008; to the Com- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- tion, Department of Transportation, trans- tation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–6938. A communication from the Pro- entitled ‘‘Airworthiness Directives; Airbus entitled ‘‘Airworthiness Directives; Various gram Analyst, Federal Aviation Administra- Model A310-304, -322, -324, and -325 Airplanes; Transport Category Airplanes Equipped with tion, Department of Transportation, trans- and A300 Model B4-601, B4-603, B4-605R, B4- Auxiliary Fuel Tanks Installed in Accord- mitting, pursuant to law, the report of a rule 620, B4-622, B4-622R, F4-605R, F4-622R, and C4- ance with Certain Supplemental Type Cer- entitled ‘‘Standard Instrument Approach 605R Variant F Airplanes’’ ((RIN2120- tificates’’ ((RIN2120–AA64)(Docket No. FAA– Procedures, and Takeoff Minimums and Ob- AA64)(Docket No. FAA-2007-0345)) received 2007–0389)) received on July 7, 2008; to the stacle Departure Procedures; Miscellaneous on July 7, 2008; to the Committee on Com- Committee on Commerce, Science, and Amendments’’ ((RIN2120–AA65)(Amdt. No. merce, Science, and Transportation. Transportation. 3273)) received on July 7, 2008; to the Com- EC–6921. A communication from the Pro- EC–6930. A communication from the Pro- mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- tation. tion, Department of Transportation, trans- tion, Department of Transportation, trans- EC–6939. A communication from the Pro- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Boeing entitled ‘‘Airworthiness Directives; Saab tion, Department of Transportation, trans- Model 757 Airplanes’’ ((RIN2120-AA64)(Docket Model SAAB–Fairchild SF340A and SAAB mitting, pursuant to law, the report of a rule

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6438 CONGRESSIONAL RECORD — SENATE July 8, 2008 entitled ‘‘Standard Instrument Approach EC–6948. A communication from the Pro- tion, Department of Transportation, trans- Procedures, and Takeoff Minimums and Ob- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule stacle Departure Procedures; Miscellaneous tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Boeing Amendments’’ ((RIN2120–AA65)(Amdt. No. mitting, pursuant to law, the report of a rule Model 737–600, 737–700, 737–700C, 737–800, and 3272)) received on July 7, 2008; to the Com- entitled ‘‘Airworthiness Directives; Saab 737–900 Series Airplanes’’ ((RIN2120– mittee on Commerce, Science, and Transpor- Model SAAB SF340A and SAAB 340B Series AA64)(Docket No. 2007–NM–185)) received on tation. Airplanes’’ ((RIN2120–AA64)(Docket No. 2007– July 7, 2008; to the Committee on Commerce, EC–6940. A communication from the Pro- NM–044)) received on July 7, 2008; to the Science, and Transportation. gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and EC–6958. A communication from the Pro- tion, Department of Transportation, trans- Transportation. gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule EC–6949. A communication from the Pro- tion, Department of Transportation, trans- entitled ‘‘Standard Instrument Approach gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Procedures, and Takeoff Minimums and Ob- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Airbus stacle Departure Procedures; Miscellaneous mitting, pursuant to law, the report of a rule Model A330 Airplanes and A340–200 and –300 Amendments’’ ((RIN2120–AA65)(Amdt. No. entitled ‘‘Airworthiness Directives; Airbus Series Airplanes’’ ((RIN2120–AA64)(Docket 3270)) received on July 7, 2008; to the Com- Model A330–200, A330–300, A340–200, and A340– No. 2007–NM–268)) received on July 7, 2008; to mittee on Commerce, Science, and Transpor- 300 Series Airplanes’’ ((RIN2120– the Committee on Commerce, Science, and tation. AA64)(Docket No. 2007–NM–043)) received on Transportation. EC–6941. A communication from the Pro- July 7, 2008; to the Committee on Commerce, EC–6959. A communication from the Pro- gram Analyst, Federal Aviation Administra- Science, and Transportation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–6950. A communication from the Pro- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Standard Instrument Approach tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Boeing Procedures, and Takeoff Minimums and Ob- mitting, pursuant to law, the report of a rule Model 747–100, –100B, –100 SUD, –200B, –200C, stacle Departure Procedures; Miscellaneous entitled ‘‘Airworthiness Directives; Boeing –200F, –300, 747SP, and 747SR Series Air- Amendments’’ ((RIN2120–AA65)(Amdt. No. Model 737–200 Series Airplanes’’ ((RIN2120– planes Powered by General Electric CF6–45/50 3262)) received on July 7, 2008; to the Com- AA64)(Docket No. 2007–NM–107)) received on and Pratt & Whitney JT9D–70, JT9D–3 or mittee on Commerce, Science, and Transpor- July 7, 2008; to the Committee on Commerce, JT9D–3 or JT9D–7 Series Engines’’ ((RIN2120– tation. Science, and Transportation. AA64)(Docket No. 2007–NM–083)) received on EC–6942. A communication from the Pro- EC–6951. A communication from the Pro- July 7, 2008; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Science, and Transportation. tion, Department of Transportation, trans- tion, Department of Transportation, trans- EC–6960. A communication from the Pro- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- entitled ‘‘Standard Instrument Approach entitled ‘‘Airworthiness Directives; Boeing tion, Department of Transportation, trans- Procedures, and Takeoff Minimums and Ob- Model 767 Airplanes’’ ((RIN2120– mitting, pursuant to law, the report of a rule stacle Departure Procedures; Miscellaneous AA64)(Docket No. 2004–NM–80)) received on entitled ‘‘Empresa Brasileira de Aeronautica Amendments’’ ((RIN2120–AA65)(Amdt. No. July 7, 2008; to the Committee on Commerce, S.A. Model EMB–135BJ, –135ER, –135KE, 3265)) received on July 7, 2008; to the Com- Science, and Transportation. –135KL, –135LR, –145, –145ER, –145MR, –45LR, mittee on Commerce, Science, and Transpor- EC–6952. A communication from the Pro- –145XR, –145MP, and –145EP Airplanes’’ tation. gram Analyst, Federal Aviation Administra- ((RIN2120–AA64)(Docket No. 2007–NM–139)) EC–6943. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- received on July 7, 2008; to the Committee on mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Dassault EC–6961. A communication from the Pro- mitting, pursuant to law, the report of a rule Model Mystere-Falcon 50 Airplanes’’ gram Analyst, Federal Aviation Administra- entitled ‘‘Standard Instrument Approach tion, Department of Transportation, trans- Procedures; Miscellaneous Amendments’’ ((RIN2120–AA64)(Docket No. 2007–NM–258)) mitting, pursuant to law, the report of a rule ((RIN2120–AA65)(Amdt. No. 3264)) received on received on July 7, 2008; to the Committee on entitled ‘‘Airworthiness Directives; Bom- July 7, 2008; to the Committee on Commerce, Commerce, Science, and Transportation. EC–6953. A communication from the Pro- bardier Model CL–600–2B19 Airplanes’’ Science, and Transportation. EC–6944. A communication from the Pro- gram Analyst, Federal Aviation Administra- ((RIN2120–AA64)(Docket No. 2007–NM–216)) gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- received on July 7, 2008; to the Committee on tion, Department of Transportation, transmitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Bom- EC–6962. A communication from the Pro- entitled ‘‘Airworthiness Directives; Bom- bardier Model CL–600–2B19 Airplanes’’ gram Analyst, Federal Aviation Administra- bardier Model CL–600–2C10, –2D15, and –2D24 ((RIN2120–AA64)(Docket No. 2007–NM–216)) tion, Department of Transportation, trans- Airplanes’’ ((RIN2120–AA4)(Docket No. 2007– received on July 7, 2008; to the Committee on mitting, pursuant to law, the report of a rule NM–340)) received on July 7, 2008; to the Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Alexan- Committee on Commerce, Science, and EC–6954. A communication from the Pro- dria Aircraft, LLC Models 17–30, 17–31, 17– Transportation. gram Analyst, Federal Aviation Administra- 30A, 17–31A, and 17–31ATC Airplanes’’ EC–6945. A communication from the Pro- tion, Department of Transportation, trans- ((RIN2120–AA64)(Docket No. 2007–CE–050)) re- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule ceived on July 7, 2008; to the Committee on tion, Department of Transportation, trans- entitled ‘‘Lindstrand Balloons Ltd. Models Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule 42A, 56A, 77A, 105A, 21A, 260A, 60A, 69A, 90A, EC–6963. A communication from the Pro- entitled ‘‘Airworthiness Directives; Bom- 120A, 180A, 240A, and 310A Balloons’’ gram Analyst, Federal Aviation Administra- bardier Model CL–600–2B19 Airplanes’’ ((RIN2120–AA64)(Docket No. 2008–CE–013)) re- tion, Department of Transportation, trans- ((RIN2120–AA64)(Docket No. 2007–NM–341)) ceived on July 7, 2008; to the Committee on mitting, pursuant to law, the report of a rule received on July 7, 2008; to the Committee on Commerce, Science, and Transportation. entitled ‘‘Revisions to Cockpit Voice Re- Commerce, Science, and Transportation. EC–6955. A communication from the Pro- corder and Digital Flight Data Recorder EC–6946. A communication from the Pro- gram Analyst, Federal Aviation Administra- Regulations’’ ((RIN2120–AA64)(Docket No. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- 2005–20245)) received on July 7, 2008; to the tion, Department of Transportation, transmitting, pursuant to law, the report of a rule Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Boeing Transportation. entitled ‘‘Airworthiness Directives; Bom- Model 737–100, –200, –300, –400, and –500 Series EC–6964. A communication from the Pro- bardier Model CL–600–2B19 Airplanes’’ Airplanes’’ ((RIN2120–AA64)(Docket No. 2007– gram Analyst, Federal Aviation Administra- ((RIN2120–AA64)(Docket No. 2007–NM–144)) NM–188)) received on July 7, 2008; to the tion, Department of Transportation, trans- received on July 7, 2008; to the Committee on Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. Transportation. entitled ‘‘Airworthiness Directives; Dassult EC–6947. A communication from the Pro- EC–6956. A communication from the Pro- Model Fan Jet Falcon, Fan Jet Falcon Series gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- C, D, E, F, and G Airplanes; Model Mystere- tion, Department of Transportation, trans- tion, Department of Transportation, trans- Falcon 200 Airplanes; and Model Mystere- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Falcon 20–C5, 20–D5, 20–E5, and 20–F5 Air- entitled ‘‘Airworthiness Directives; British entitled ‘‘Airworthiness Directives; Cessna planes’’ ((RIN2120–AA64)(Docket No. 2007– Aerospace Regional Aircraft Model HP.137 Aircraft Company 172, 182, and 206 Series Air- NM–138)) received on July 7, 2008; to the Jetstream Mk.1, Jetstream Series 200, Jet- planes’’ ((RIN2120–AA64)(Docket No. 2007–CE– Committee on Commerce, Science, and stream Series 3101, and Jetstream Model 3201 052)) received on July 7, 2008; to the Com- Transportation. Airplanes’’ ((RIN2120–AA64)(Docket No. 2007– mittee on Commerce, Science, and Transpor- EC–6965. A communication from the Pro- CE–103)) received on July 7, 2008; to the Com- tation. gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- EC–6957. A communication from the Pro- tion, Department of Transportation, trans- tation. gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6439 entitled ‘‘Airworthiness Directives; Pilatus entitled ‘‘Establishment of Class E Airspace; tion, Department of Transportation, trans- Aircraft Ltd. Models PC–12, PC–12/45, and PC Lewistown, PA’’ ((RIN2120–AA66)(Docket No. mitting, pursuant to law, the report of a rule 12/47 Airplanes’’ ((RIN2120–AA64)(Docket No. 07–AEA–14)) received on July 7, 2008; to the entitled ‘‘Establishment of Class E Airspace; 2008–CE–019)) received on July 7, 2008; to the Committee on Commerce, Science, and Carrabassett, ME’’ ((RIN2120-AA66)(Docket Committee on Commerce, Science, and Transportation. No. 08-ANE-96)) received on July 7, 2008; to Transportation. EC–6975. A communication from the Pro- the Committee on Commerce, Science, and EC–6966. A communication from the Pro- gram Analyst, Federal Aviation Administra- Transportation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–6985. A communication from the Pro- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E Airspace; tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Boeing New Albany, MS’’ ((RIN2120–AA66)(Docket mitting, pursuant to law, the report of a rule Model 757–200, –200PF, and –200CB Series Air- No. 07–ASO–25)) received on July 7, 2008; to entitled ‘‘Establishment of Class E Airspace; planes’’ ((RIN2120–AA64)(Docket No. 2002– the Committee on Commerce, Science, and Rumford, ME’’ ((RIN2120-AA66)(Docket No. NM–211)) received on July 7, 2008; to the Transportation. 08-ANE-94)) received on July 7, 2008; to the Committee on Commerce, Science, and EC–6976. A communication from the Pro- Committee on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- Transportation. EC–6967. A communication from the Pro- tion, Department of Transportation, trans- EC–6986. A communication from the Pro- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- entitled ‘‘Amendment of Class E Airspace; tion, Department of Transportation, transmitting, pursuant to law, the report of a rule Indianapolis, IN’’ ((RIN2120–AA66)(Docket mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; No. 08–AGL–2)) received on July 7, 2008; to entitled ‘‘Establishment of Class E Airspace; Construcciones Aeronauticas, S.A. Model C– the Committee on Commerce, Science, and Bridgton, ME’’ ((RIN2120-AA66)(Docket No. 212 Airplanes’’ ((RIN2120–AA64)(Docket No. Transportation. 08-ANE-95)) received on July 7 , 2008; to the 2007–NM–164)) received on July 7, 2008; to the EC–6977. A communication from the Pro- Committee on Commerce, Science, and Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- Transportation. Transportation. tion, Department of Transportation, trans- EC–6987. A communication from the Pro- EC–6968. A communication from the Pro- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- entitled ‘‘Amendment of Class E Airspace; tion, Department of Transportation, trans- tion, Department of Transportation, trans- Black River Falls, WI’’ ((RIN2120– mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule AA66)(Docket No. 08–AGL–4)) received on entitled ‘‘Establishment and Removal of entitled ‘‘Airworthiness Directives; Boeing July 7, 2008; to the Committee on Commerce, Class E Airspace; Centre, AL’’ ((RIN2120- Model 727–200 Series Airplanes Equipped with Science, and Transportation. AA66)(Docket No. 07-ASO-23)) received on an Auxiliary Fuel Tank System Installed in EC–6978. A communication from the Pro- July 7, 2008; to the Committee on Commerce, Accordance with Supplemental Type Certifi- gram Analyst, Federal Aviation Administra- Science, and Transportation. cate SA1350NM’’ ((RIN2120–AA64)(Docket No. tion, Department of Transportation, trans- EC–6988. A communication from the Pro- 2007–NM–230)) received on July 7, 2008; to the mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and entitled ‘‘Establishment of Class E Airspace; tion, Department of Transportation, trans- Transportation. Walden, CO’’ ((RIN2120–AA66)(Docket No. mitting, pursuant to law, the report of a rule EC–6969. A communication from the Pro- 2007–ANM–17)) received on July 7 , 2008; to entitled ‘‘Airworthiness Directives; gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and Eurocopter France Model EC130 B4 Heli- tion, Department of Transportation, trans- Transportation. copters’’ ((RIN2120-AA64) (Docket No. 2007- mitting, pursuant to law, the report of a rule EC–6979. A communication from the Pro- SW-06)) received on July 7, 2008; to the Com- entitled ‘‘Airworthiness Directives; Pacific gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- Aerospace Limited Model 750XL Airplanes’’ tion, Department of Transportation, trans- tation. ((RIN2120–AA64)(Docket No. 2007–CE–104)) re- mitting, pursuant to law, the report of a rule EC–6989. A communication from the Pro- ceived on July 7, 2008; to the Committee on entitled ‘‘Establishment of Class E Airspace; gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. Susquehanna, PA’’ ((RIN2120–AA66)(Docket tion, Department of Transportation, trans- EC–6970. A communication from the Pro- No. 08–AEA–14)) received on July 7, 2008; to mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and entitled ‘‘Establishment of Class E Airspace; tion, Department of Transportation, trans- Transportation. Dover-Foxcroft, ME’’ ((RIN2120- mitting, pursuant to law, the report of a rule EC–6980. A communication from the Pro- AA66)(Docket No. 08-ANE-97)) received on entitled ‘‘Airworthiness Directives; Pacific gram Analyst, Federal Aviation Administra- July 7, 2008; to the Committee on Commerce, Aerospace Corporation Model FU24–954 and tion, Department of Transportation, trans- Science, and Transportation. FU24A 954 Airplanes’’ ((RIN2120– mitting, pursuant to law, the report of a rule EC–6990. A communication from the Pro- AA64)(Docket No. 2007–CE–099)) received on entitled ‘‘Establishment of Class E Airspace; gram Analyst, Federal Aviation Administra- July 7, 2008; to the Committee on Commerce, Subury, PA’’ ((RIN2120–AA66)(Docket No. 08– tion, Department of Transportation, trans- Science, and Transportation. AEA–15)) received on July 7, 2008; to the mitting, pursuant to law, the report of a rule EC–6971. A communication from the Pro- Committee on Commerce, Science, and entitled ‘‘Establishment of Class E Airspace; gram Analyst, Federal Aviation Administra- Transportation. Bridgton, ME’’ ((RIN2120-AA66)(Docket No. tion, Department of Transportation, trans- EC–6981. A communication from the Pro- 08-ANE-95)) received on July 7, 2008; to the mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and entitled ‘‘Modification of Class E Airspace; tion, Department of Transportation, trans- Transportation. Wilkes-Barre, PA’’ ((RIN2120–AA66)(Docket mitting, pursuant to law, the report of a rule EC–6991. A communication from the Pro- No. 2007–AEA–11)) received on July 7, 2008; to entitled ‘‘Establishment of Class E Airspace; gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and Sherman, TX’’ ((RIN2120–AA66)(Docket No. tion, Department of Transportation, trans- Transportation. 2007–ASW–11)) received on July 7, 2008; to the mitting, pursuant to law, the report of a rule EC–6972. A communication from the Pro- Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives; BAE gram Analyst, Federal Aviation Administra- Transportation. Systems Limited Model BAe 146-100A, -200A, tion, Department of Transportation, trans- EC–6982. A communication from the Pro- and -300A Series Airplanes’’ ((RIN2120-AA64) mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- (Docket No. 2007-NM-050)) received on July 7, entitled ‘‘Establishment of Class E Airspace; tion, Department of Transportation, trans- 2008; to the Committee on Commerce, Vinalhaven, ME’’ ((RIN2120–AA64)(Docket mitting, pursuant to law, the report of a rule Science, and Transportation. No. 08–ANE–92)) received on July 7, 2008; to entitled ‘‘Establishment of Class E Airspace; EC–6992. A communication from the Pro- the Committee on Commerce, Science, and Stonington, ME’’ ((RIN2120–AA66)(Docket gram Analyst, Federal Aviation Administra- Transportation. No. 08–ANE–93)) received on July 7, 2008; to tion, Department of Transportation, trans- EC–6973. A communication from the Pro- the Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Transportation. entitled ‘‘Airworthiness Directives; Airbus tion, Department of Transportation, trans- EC–6983. A communication from the Pro- Model A318, A319, A320, and A321 Airplanes’’ mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- ((RIN2120-AA64) (Docket No. 2006-NM-054)) entitled ‘‘Establishment of Class E Airspace; tion, Department of Transportation, trans- received on July 7, 2008; to the Committee on Swans Island, ME’’ ((RIN2120–AA66)(Docket mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. No. 08–ANE–91)) received on July 7, 2008; to entitled ‘‘Establishment of Class E Airspace; EC–6993. A communication from the Pro- the Committee on Commerce, Science, and Winona, MS’’ ((RIN2120–AA66)(Docket No. 07– gram Analyst, Federal Aviation Administra- Transportation. ASO–24)) received on July 7, 2008; to the tion, Department of Transportation, trans- EC–6974. A communication from the Pro- Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Transportation. entitled ‘‘Airworthiness Directives; Sierra tion, Department of Transportation, trans- EC–6984. A communication from the Pro- Hotel Aero, Inc. Models Navion, Navion A, mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Navion B, Navion D, Navion E, Navion F,

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6440 CONGRESSIONAL RECORD — SENATE July 8, 2008 Navion G, and Navion H Airplanes’’ EC–7003. A communication from the Pro- 2006-23732)) received on July 7, 2008; to the ((RIN2120-AA64) (Docket No. 2007-CE-024)) re- gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and ceived on July 7, 2008; to the Committee on tion, Department of Transportation, trans- Transportation. Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule EC–7013. A communication from the Pro- EC–6994. A communication from the Pro- entitled ‘‘Establishment of Class E Airspace; gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Cranberry Township, PA’’ ((RIN2120– tion, Department of Transportation, trans- tion, Department of Transportation, trans- AA66)(Docket No. 07–AEA–18)) received on mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule July 7, 2008; to the Committee on Commerce, entitled ‘‘Airworthiness Standards: Safety entitled ‘‘Airworthiness Directives; Airbus Science, and Transportation. Analysis’’ ((RIN2120-AI74)(Docket No. 2006- Model A300 and A300–600 Series Airplanes’’ EC–7004. A communication from the Pro- 25376)) received on July 7, 2008; to the Com- ((RIN2120–AA64)(Docket No. 2007–NM–081)) gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- received on July 7, 2008; to the Committee on tion, Department of Transportation, trans- tation. Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule EC–7014. A communication from the Pro- EC–6995. A communication from the Pro- entitled ‘‘Amendment of Class E Airspace; gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Bradford, PA’’ ((RIN2120–AA66)(Docket No. tion, Department of Transportation, trans- tion, Department of Transportation, trans- 07–AEA–21)) received on July 7, 2008; to the mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and entitled ‘‘Nationality and Registration entitled ‘‘Airworthiness Directives; Boeing Transportation. Marks, Non Fixed-Wing Aircraft’’ ((RIN2120- Model 737–600, -700, -700C, -800, and -900 Series EC–7005. A communication from the Pro- AJ02)(Docket No. 2007-27173)) received on Airplanes; and Model 757–200, -200PF, -200CB, gram Analyst, Federal Aviation Administra- July 7, 2008; to the Committee on Commerce, and -300 Series Airplanes’’ ((RIN2120– tion, Department of Transportation, trans- Science, and Transportation. AA64)(Docket No. 2007–NM–014)) received on mitting, pursuant to law, the report of a rule EC–7015. A communication from the Pro- July 7, 2008; to the Committee on Commerce, entitled ‘‘Amendment of Class E Airspace; gram Analyst, Federal Aviation Administra- Science, and Transportation. Danville, KY’’ ((RIN2120-AA66)(Docket No. tion, Department of Transportation, trans- EC–6996. A communication from the Pro- 07-ASO-26)) received on July 7, 2008; to the mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and entitled ‘‘Proposed Establishment of Class tion, Department of Transportation, trans- Transportation. E5 Airspace; Eagle Pass, TX’’ ((RIN2120- mitting, pursuant to law, the report of a rule EC–7006. A communication from the Pro- AA66)(Docket No. 08-ASW-3)) received on entitled ‘‘Airworthiness Directives; Airbus gram Analyst, Federal Aviation Administra- July 7, 2008; to the Committee on Commerce, Model A330–200, A330–300, A340–200, and A340– tion, Department of Transportation, trans- Science, and Transportation. 300 Series Airplanes’’ ((RIN2120– mitting, pursuant to law, the report of a rule EC–7016. A communication from the Pro- AA64)(Docket No. 2007–NM–042)) received on entitled ‘‘Establishment of Class E Airspace; gram Analyst, Federal Aviation Administra- July 7, 2008; to the Committee on Commerce, Lady Lake, FL’’ ((RIN2120-AA66)(Docket No. tion, Department of Transportation, trans- Science, and Transportation. 08-ASO-03)) received on July 7, 2008; to the mitting, pursuant to law, the report of a rule EC–6997. A communication from the Pro- Committee on Commerce, Science, and entitled ‘‘Modification of Class E Airspace; gram Analyst, Federal Aviation Administra- Transportation. Marshalltown, IA’’ ((RIN2120-AA66)(Docket tion, Department of Transportation, trans- EC–7007. A communication from the Pro- No. 07-ACE-4)) received on July 7, 2008; to the mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives; Fokker tion, Department of Transportation, trans- Transportation. Model F27 Mark 050, 200, 300, 400, 500, 600, and mitting, pursuant to law, the report of a rule EC–7017. A communication from the Pro- 700 Airplanes’’ ((RIN2120–AA64)(Docket No. entitled ‘‘Establishment of Low Altitude gram Analyst, Federal Aviation Administra- 2006–NM–285)) received on July 7, 2008; to the Area Navigation Routes; St. Louis, MO’’ tion, Department of Transportation, trans- Committee on Commerce, Science, and ((RIN2120-AA66)(Docket No. 07-ACE-1)) re- mitting, pursuant to law, the report of a rule Transportation. EC–6998. A communication from the Pro- ceived on July 7, 2008; to the Committee on entitled ‘‘Modification of Class E Airspace; gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. Monticello, IA’’ ((RIN2120-AA66)(Docket No. tion, Department of Transportation, trans- EC–7008. A communication from the Pro- 07-ACE-3)) received on July 7, 2008; to the mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and entitled ‘‘Establishment of Class E Airspace; tion, Department of Transportation, trans- Transportation. Stonington, ME’’ ((RIN2120–AA66)(Docket mitting, pursuant to law, the report of a rule EC–7018. A communication from the Pro- No. 08–ANE–93)) received on July 7, 2008; to entitled ‘‘Establishment of Class E Airspace; gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and Rockport, ME’’ ((RIN2120-AA66)(Docket No. tion, Department of Transportation, trans- Transportation. 08-ANE-98)) received on July 7, 2008; to the mitting, pursuant to law, the report of a rule EC–6999. A communication from the Pro- Committee on Commerce, Science, and entitled ‘‘Modification of Class E Airspace; gram Analyst, Federal Aviation Administra- Transportation. Canby, MN’’ ((RIN2120-AA66)(Docket No. 07- tion, Department of Transportation, trans- EC–7009. A communication from the Pro- AGL-2)) received on July 7, 2008; to the Com- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- entitled ‘‘Establishment of Class E Airspace; tion, Department of Transportation, trans- tation. Fort Kent, ME’’ ((RIN2120–AA66)(Docket No. mitting, pursuant to law, the report of a rule EC–7019. A communication from the Pro- 08–ANE–90)) received on July 7, 2008; to the entitled ‘‘Establishment of Class E Airspace; gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and Carrabassett, ME’’ ((RIN2120-AA66)(Docket tion, Department of Transportation, trans- Transportation. No. 08-ANE-96)) received on July 7, 2008; to mitting, pursuant to law, the report of a rule EC–7000. A communication from the Pro- the Committee on Commerce, Science, and entitled ‘‘Amendment to Class E Airspace; gram Analyst, Federal Aviation Administra- Transportation. Poplar Bluff, MO’’ ((RIN2120-AA66)(Docket tion, Department of Transportation, trans- EC–7010. A communication from the Pro- No. 07-ACE-9)) received on July 7, 2008; to the mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and entitled ‘‘Establishment of Class E Airspace; tion, Department of Transportation, trans- Transportation. Swans Island, ME’’ ((RIN2120–AA66)(Docket mitting, pursuant to law, the report of a rule EC–7020. A communication from the Pro- No. 08–ANE–91)) received on July 7, 2008; to entitled ‘‘Establishment of Class E Air- gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and space; Dover-Foxcroft, ME’’ ((RIN2120- tion, Department of Transportation, trans- Transportation. AA66)(Docket No. 08-ANE-97)) received on mitting, pursuant to law, the report of a rule EC–7001. A communication from the Pro- July 7, 2008; to the Committee on Commerce, entitled ‘‘Airworthiness Directives; Airbus gram Analyst, Federal Aviation Administra- Science, and Transportation. Model A318, A319, A320, and A321 Airplanes’’ tion, Department of Transportation, trans- EC–7011. A communication from the Pro- ((RIN2120-AA64)(Docket No. 2006-NM-199)) re- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- ceived on July 7, 2008; to the Committee on entitled ‘‘Establishment of Class E Airspace; tion, Department of Transportation, trans- Commerce, Science, and Transportation. Seneca, PA’’ ((RIN2120–AA66)(Docket No. 07– mitting, pursuant to law, the report of a rule EC–7021. A communication from the Pro- AEA–17)) received on July 7, 2008; to the entitled ‘‘Passenger Facility Charge Pro- gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and gram, Debt Service, Air Carrier Bankruptcy, tion, Department of Transportation, trans- Transportation. and Miscellaneous Changes’’ ((RIN2120- mitting, pursuant to law, the report of a rule EC–7002. A communication from the Pro- AI68)(Docket No. 2006-23730)) received on entitled ‘‘Airworthiness Directives; Bom- gram Analyst, Federal Aviation Administra- July 7, 2008; to the Committee on Commerce, bardier Model CL-600-2B19 Airplanes’’ tion, Department of Transportation, trans- Science, and Transportation. ((RIN2120-AA64)(Docket No. 2007-NM-246)) re- mitting, pursuant to law, the report of a rule EC–7012. A communication from the Pro- ceived on July 7, 2008; to the Committee on entitled ‘‘Amendment of Class E Airspace; gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. Gettysburg, PA’’ ((RIN2120–AA66)(Docket No. tion, Department of Transportation, trans- EC–7022. A communication from the Pro- 07–AEA–20)) received on July 7, 2008; to the mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and entitled ‘‘Aircraft Engine Standards for Life- tion, Department of Transportation, trans- Transportation. Limited Parts’’ ((RIN2120-AI72)(Docket No. mitting, pursuant to law, the report of a rule

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entitled ‘‘Airworthiness Directives; and the Magnuson-Stevens Fishery Con- S. 991 Przedsiebiorstwo Doswiadczalno- servation and Management Act to improve At the request of Mr. DURBIN, the Produkcyjne Szybownictwa ‘PZL-Bielsko’ the conservation of sharks; to the Com- name of the Senator from New York Model SZD-50-3 ‘Puchacz’ Gliders’’ ((RIN2120- mittee on Commerce, Science, and Transpor- (Mr. SCHUMER) was added as a cospon- AA64)(Docket No. 2007-CE-100)) received on tation. July 7, 2008; to the Committee on Commerce, By Mr. CORNYN: sor of S. 991, a bill to establish the Sen- Science, and Transportation. S. 3232. A bill to authorize and request the ator Paul Simon Study Abroad Foun- EC–7023. A communication from the Pro- President to award the Medal of Honor to dation under the authorities of the Mu- gram Analyst, Federal Aviation Administra- James Megellas, formerly of Fond du Lac, tual Educational and Cultural Ex- tion, Department of Transportation, trans- Wisconsin, and currently of Colleyville, change Act of 1961. mitting, pursuant to law, the report of a rule Texas, for acts of valor on January 28, 1945, S. 1376 entitled ‘‘Amendment of Class E Airspace; during the Battle of the Bulge in World War Franklin, PA’’ ((RIN2120-AA66)(Docket No. II; to the Committee on Banking, Housing, At the request of Mr. BINGAMAN, the 07-AEA-19)) received on July 7 , 2008; to the and Urban Affairs. name of the Senator from Rhode Island Committee on Commerce, Science, and By Mr. BINGAMAN: (Mr. WHITEHOUSE) was added as a co- Transportation. S. 3233. A bill to promote development of a sponsor of S. 1376, a bill to amend the EC–7024. A communication from the Pro- 21st century energy system to increase Public Health Service Act to revise and gram Analyst, Federal Aviation Administra- United States competitiveness in the world expand the drug discount program tion, Department of Transportation, trans- energy technology marketplace, and for mitting, pursuant to law, the report of a rule under section 340B of such Act to im- other purposes; to the Committee on Energy prove the provision of discounts on entitled ‘‘Establishment of Class E Airspace; and Natural Resources. Milford, PA’’ ((RIN2120-AA66)(Docket No. 08- drug purchases for certain safety net AEA-13)) received on July 7, 2008; to the f provides. Committee on Commerce, Science, and ADDITIONAL COSPONSORS S. 1689 Transportation. EC–7025. A communication from the Assist- S. 34 At the request of Mr. BINGAMAN, the ant Secretary of Transportation (Adminis- At the request of Mr. ENZI, the name name of the Senator from West Vir- tration), transmitting, pursuant to law, a re- of the Senator from Vermont (Mr. ginia (Mr. ROCKEFELLER) was added as port relative to the inventories of commer- LEAHY) was added as a cosponsor of S. a cosponsor of S. 1689, a bill to amend cial and inherently governmental positions 34, a bill to promote simplification and the Internal Revenue Code of 1986 to in the Department; to the Committee on fairness in the administration and col- exclude from gross income amounts re- Commerce, Science, and Transportation. ceived on account of claims based on EC–7026. A communication from the Regu- lection of sales and use taxes. certain unlawful discrimination and to latory Ombudsman, Federal Motor Carrier S. 43 allow income averaging for backpay Safety Administration, Department of At the request of Mr. ENSIGN, the and frontpay awards received on ac- Transportation, transmitting, pursuant to name of the Senator from Louisiana law, the report of a rule entitled ‘‘Hours of count of such claims, and for other pur- (Mr. VITTER) was added as a cosponsor Service of Drivers’’ (RIN2126-AB14) received poses. of S. 43, a bill to amend title II of the on July 7, 2008; to the Committee on Com- S. 1748 merce, Science, and Transportation. Social Security Act to preserve and At the request of Mr. COLEMAN, the f protect Social Security benefits of American workers and to help ensure name of the Senator from Mississippi REPORTS OF COMMITTEES greater congressional oversight of the (Mr. WICKER) was added as a cosponsor The following reports of committees Social Security system by requiring of S. 1748, a bill to prevent the Federal were submitted: that both Houses of Congress approve a Communications Commission from re- By Mr. DORGAN, from the Committee on totalization agreement before the promulgating the fairness doctrine. Indian Affairs, without amendment: agreement, giving foreign workers So- S. 1906 H.R. 65. A bill to provide for the recogni- cial Security benefits, can go into ef- At the request of Mr. BAUCUS, the tion of the Lumbee Tribe of North Carolina, fect. name of the Senator from Pennsyl- and for other purposes (Rept. No. 110–409). By Mr. HARKIN, from the Committee on S. 439 vania (Mr. CASEY) was added as a co- Appropriations, without amendment: At the request of Mr. REID, the name sponsor of S. 1906, a bill to understand S. 3230. An original bill making appropria- of the Senator from New York (Mr. and comprehensively address the oral tions for the Departments of Labor, Health SCHUMER) was added as a cosponsor of health problems associated with meth- and Human Services, and Education, and re- amphetamine use. lated agencies for the fiscal year ending Sep- S. 439, a bill to amend title 10, United S. 1907 tember 30, 2009, and for other purposes (Rept. States Code, to permit certain retired No. 110–410). members of the uniformed services who At the request of Mr. BAUCUS, the name of the Senator from Pennsyl- f have a service-connected disability to receive both disability compensation vania (Mr. CASEY) was added as a co- INTRODUCTION OF BILLS AND from the Department of Veterans Af- sponsor of S. 1907, a bill to amend title JOINT RESOLUTIONS fairs for their disability and either re- I of the Omnibus Crime Control and The following bills and joint resolu- tired pay by reason of their years of Safe Streets Act of 1968 to understand tions were introduced, read the first military service or Combat-Related and comprehensively address the in- and second times by unanimous con- Special Compensation. mate oral health problems associated sent, and referred as indicated: S. 604 with methamphetamine use, and for other purposes. By Mr. SMITH (for himself and Ms. At the request of Mr. LAUTENBERG, CANTWELL): the name of the Senator from Oregon S. 1926 S. 3228. A bill to amend the Internal Rev- (Mr. WYDEN) was added as a cosponsor At the request of Mr. DODD, the name enue Code of 1986 to allow a credit for green of the Senator from Pennsylvania (Mr. roofs; to the Committee on Finance. of S. 604, a bill to amend title 10, By Ms. CANTWELL: United States Code, to limit increases CASEY) was added as a cosponsor of S. S. 3229. A bill to increase the safety of the in the certain costs of health care serv- 1926, a bill to establish the National In- crew and passengers in air ambulances; to ices under the health care programs of frastructure Bank to provide funding the Committee on Commerce, Science, and the Department of Defense, and for for qualified infrastructure projects, Transportation. other purposes. and for other purposes. By Mr. HARKIN: S. 1998 S. 3230. An original bill making appropria- S. 826 tions for the Departments of Labor, Health At the request of Mr. MENENDEZ, the At the request of Mr. DURBIN, the and Human Services, and Education, and rename of the Senator from Montana name of the Senator from Iowa (Mr. lated agencies for the fiscal year ending Sep- (Mr. TESTER) was added as a cosponsor HARKIN) was added as a cosponsor of S. tember 30, 2009, and for other purposes; from of S. 826, a bill to posthumously award 1998, a bill to reduce child marriage, the Committee on Appropriations; placed on a Congressional gold medal to Alice and for other purposes. the calendar. S. 2051 By Mr. KERRY: Paul, in recognition of her role in the S. 3231. A bill to amend the High Seas women’s suffrage movement and in ad- At the request of Mr. CONRAD, the Driftnet Fishing Moratorium Protection Act vancing equal rights for women. name of the Senator from Colorado

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6442 CONGRESSIONAL RECORD — SENATE July 8, 2008 (Mr. SALAZAR) was added as a cospon- XVIII of the Social Security Act to im- sponsor of S. 3141, a bill to provide for sor of S. 2051, a bill to amend the small prove access to, and increase utiliza- nondiscrimination by eligible lenders rural school achievement program and tion of, bone mass measurement bene- in the Federal Family Education Loan the rural and low-income school profits under the Medicare part B Pro- Program. gram under part B of title VI of the El- gram. S. 3164 ementary and Secondary Education S. 2760 At the request of Mr. MARTINEZ, the Act of 1965. At the request of Mr. LEAHY, the name of the Senator from Tennessee S. 2059 name of the Senator from West Vir- (Mr. ALEXANDER) was added as a co- At the request of Mrs. CLINTON, the ginia (Mr. ROCKEFELLER) was added as sponsor of S. 3164, a bill to amend title name of the Senator from Hawaii (Mr. a cosponsor of S. 2760, a bill to amend XVIII of the Social Security Act to re- INOUYE) was added as a cosponsor of S. title 10, United States Code, to enhance duce fraud under the Medicare pro- 2059, a bill to amend the Family and the national defense through empower- gram. Medical Leave Act of 1993 to clarify the ment of the National Guard, enhance- S. 3167 eligibility requirements with respect ment of the functions of the National At the request of Mr. BURR, the to airline flight crews. Guard Bureau, and improvement of names of the Senator from Georgia S. 2140 Federal-State military coordination in (Mr. CHAMBLISS), the Senator from Ne- At the request of Mr. DORGAN, the domestic emergency response, and for vada (Mr. ENSIGN), the Senator from name of the Senator from Connecticut other purposes. Oklahoma (Mr. INHOFE), the Senator (Mr. LIEBERMAN) was added as a co- S. 2771 from Texas (Mrs. HUTCHISON) and the sponsor of S. 2140, a bill to award a At the request of Ms. LANDRIEU, the Senator from South Carolina (Mr. Congressional Gold Medal to Francis name of the Senator from North Caro- GRAHAM) were added as cosponsors of Collins, in recognition of his out- lina (Mr. BURR) was added as a cospon- S. 3167, a bill to amend title 38, United standing contributions and leadership sor of S. 2771, a bill to require the States Code, to clarify the conditions in the fields of medicine and genetics. President to call a White House Con- under which veterans, their surviving S. 2173 ference on Children and Youth in 2010. spouses, and their children may be At the request of Mr. HARKIN, the S. 2858 treated as adjudicated mentally incom- name of the Senator from Wisconsin At the request of Ms. MIKULSKI, the petent for certain purposes. (Mr. KOHL) was added as a cosponsor of name of the Senator from New York S.J. RES. 43 S. 2173, a bill to amend the Elementary (Mrs. CLINTON) was added as a cospon- At the request of Mr. WICKER, the and Secondary Education Act of 1965 to sor of S. 2858, a bill to establish the So- name of the Senator from Georgia (Mr. improve standards for physical edu- cial Work Reinvestment Commission ISAKSON) was added as a cosponsor of cation. to provide independent counsel to Con- S.J. Res. 43, a joint resolution pro- S. 2283 gress and the Secretary of Health and posing an amendment to the Constitu- At the request of Mr. CRAPO, the Human Services on policy issues asso- tion of the United States relating to name of the Senator from Wyoming ciated with recruitment, retention, re- marriage. (Mr. ENZI) was added as a cosponsor of search, and reinvestment in the profes- S. RES. 602 S. 2283, a bill to preserve the use and sion of social work, and for other pur- At the request of Mr. NELSON of Ne- access of pack and saddle stock ani- poses. braska, the name of the Senator from mals on public land administered by S. 2932 Montana (Mr. TESTER) was added as a the National Park Service, and Bureau At the request of Mrs. MURRAY, the cosponsor of S. Res. 602, a bill sup- of Land Management, the United name of the Senator from Kansas (Mr. porting the goals and ideals of ‘‘Na- States Fish and Wildlife Service, or the ROBERTS) was added as a cosponsor of tional Life Insurance Awareness Forest Service on which there is a his- S. 2932, a bill to amend the Public Month’’. torical tradition of the use of pack and Health Service Act to reauthorize the S. RES. 607 saddle stock animals. poison center national toll-free num- At the request of Ms. MIKULSKI, the S. 2510 ber, national media campaign, and name of the Senator from Vermont At the request of Ms. LANDRIEU, the grant program to provide assistance for (Mr. SANDERS) was added as a cospon- names of the Senator from Connecticut poison prevention, sustain the funding sor of S. Res. 607, a resolution desig- (Mr. LIEBERMAN) and the Senator from of poison centers, and enhance the pub- nating July 10, 2008, as ‘‘National Sum- Hawaii (Mr. INOUYE) were added as co- lic health of people of the United mer Learning Day’’. sponsors of S. 2510, a bill to amend the States. AMENDMENT NO. 4979 Public Health Service Act to provide S. 3114 At the request of Mr. NELSON of Flor- revised standards for quality assurance At the request of Mr. LIEBERMAN, the ida, the names of the Senator from in screening and evaluation of name of the Senator from Hawaii (Mr. Vermont (Mr. SANDERS) and the Sen- gynecologic cytology preparations, and AKAKA) was added as a cosponsor of S. ator from California (Mrs. FEINSTEIN) for other purposes. 3114, a bill to provide safeguards were added as cosponsors of amend- S. 2576 against faulty asylum procedures, to ment No. 4979 intended to be proposed At the request of Mr. CRAPO, the improve conditions of detention for de- to S. 3001, an original bill to authorize name of the Senator from Oregon (Mr. tainees, and for other purposes. appropriations for fiscal year 2009 for SMITH) was added as a cosponsor of S. S. 3118 military activities of the Department 2576, a bill to amend the Internal Rev- At the request of Mr. COCHRAN, his of Defense, for military construction, enue Code of 1986 to allow a credit for name was added as a cosponsor of S. and for defense activities of the De- qualified expenditures paid or incurred 3118, a bill to amend titles XVIII and partment of Energy, to prescribe mili- to replace certain wood stoves. XIX of the Social Security Act to pre- tary personnel strengths for such fiscal S. 2682 serve beneficiary access to care by pre- year, and for other purposes. At the request of Mrs. CLINTON, the venting a reduction in the Medicare AMENDMENT NO. 5009 name of the Senator from Maryland physician fee schedule, to improve the At the request of Mr. CRAPO, the (Ms. MIKULSKI) was added as a cospon- quality of care by advancing value name of the Senator from Georgia (Mr. sor of S. 2682, a bill to direct United based purchasing, electronic health ISAKSON) was added as a cosponsor of States funding to the United Nations records, and electronic prescribing, and amendment No. 5009 intended to be pro- Population Fund for certain purposes. to maintain and improve access to care posed to H.R. 3221, a bill to provide S. 2702 in rural areas, and for other purposes. needed housing reform and for other At the request of Mr. SALAZAR, the S. 3141 purposes. name of the Senator from Rhode Island At the request of Mrs. MURRAY, the AMENDMENT NO. 5010 (Mr. WHITEHOUSE) was added as a co- name of the Senator from Pennsyl- At the request of Mr. CRAPO, the sponsor of S. 2702, a bill to amend title vania (Mr. CASEY) was added as a co- name of the Senator from Georgia (Mr.

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6443 ISAKSON) was added as a cosponsor of much of the water that would other- the ocean that night. And sadly, their amendment No. 5010 intended to be pro- wise run off. The roofs serve as a nat- story is not uncommon. posed to H.R. 3221, a bill to provide ural rainwater filter by utilizing the According to a study by Johns Hop- needed housing reform and for other vegetation root system’s natural fil- kins University, one in four medical purposes. tering processes. The benefit of this helicopters will crash during its 15 AMENDMENT NO. 5064 process increases as the vegetation on years of service. In just the last six At the request of Mr. DODD, the the rooftop matures. months, there have been nine medical names of the Senator from Massachu- In addition to the storm water bene- helicopter crashes and 16 deaths. setts (Mr. KERRY) and the Senator from fits, green roofs also absorb air pollu- This alarming epidemic of accidents New York (Mrs. CLINTON) were added as tion, collect airborne particulates, has opened the eyes of the Federal cosponsors of amendment No. 5064 pro- store carbon, provide living environ- Aviation Administration, National posed to H.R. 6304, a bill to amend the ments that provide habitats for birds, Transportation Safety Board and pol- Foreign Intelligence Surveillance Act insects and other small animals, reduce icymakers in recent days. But the re- of 1978 to establish a procedure for au- outside noise transfer and insulate cent spike in accidents is not a new thorizing certain acquisitions of for- buildings from high temperatures. trend. In fact, between January 2002 eign intelligence, and for other pur- I believe that we have a responsi- and January 2005, there were 55 crashes poses. bility to encourage efforts to conserve of medical helicopters. On January 25, our natural resources. Oregon con- 2006, the NTSB released a report identi- AMENDMENT NO. 5066 tinues to build on a long history of in- fying recurring gaps in safety that At the request of Mr. BINGAMAN, the novation in environmental policy and must be addressed, including: Less names of the Senator from New York practice. We urge our colleagues to stringent requirements for emergency (Mrs. CLINTON) and the Senator from support this important piece of legisla- medical operations conducted without Florida (Mr. NELSON) were added as co- tion. patients on board; a lack of aviation sponsors of amendment No. 5066 pro- flight risk-evaluation programs; a lack posed to H.R. 6304, a bill to amend the By Ms. CANTWELL: of consistent, comprehensive flight dis- Foreign Intelligence Surveillance Act S. 3229. A bill to increase the safety patch procedures; and no requirements of 1978 to establish a procedure for au- of the crew and passengers in air ambu- to use technologies such as terrain thorizing certain acquisitions of for- lances; to the Committee on Com- awareness and warning systems that eign intelligence, and for other pur- merce, Science, and Transportation. have the power to enhance flight safe- poses. Ms. CANTWELL. Mr. President, I ty. f come to the floor today to ask for my At my request, Section 508 of S. 1300, colleagues’ support for the Air Medical STATEMENTS ON INTRODUCED a bill to reauthorize the FAA incor- Service Safety Improvement Act of BILLS AND JOINT RESOLUTIONS porated the NTSB recommendations 2008, a measure that redefines our com- for addressing these gaps. Subsequent By Mr. SMITH (for himself and mitment to improving the safety for to that bill’s introduction in the spring Ms. CANTWELL): the flight crews, flight nurses, and pas- of 2007, I had the opportunity to discuss S. 3228. A bill to amend the Internal sengers aboard emergency air medical with stakeholders how to improve upon Revenue Code of 1986 to allow a credit service helicopters and fixed wing air- the language. The bill I am introducing for green roofs; to the Committee on craft. today is essentially the amendment I Finance. These EMS aviation operations pro- filed this May when the FAA reauthor- Mr. SMITH. Mr. President, I rise vide an important service to the public ization bill was on the floor. Given the today to introduce a bill to provide a by transporting seriously ill patients uncertain status of that legislation, residential and commercial tax credit or donor organs to emergency care fa- and in light of the recent events, I felt for the installation of green roofs. I am cilities. Each year, on average, air the urgency to transform the amend- pleased to have my colleague Senator medical companies transport about ment into stand-alone legislation. CANTWELL join me in this effort by 350,000 patients by helicopter and This bill will implement new proce- serving as original cosponsor of this 100,000 by fixed wing aircraft. dures and improve standards already in bill. Providing emergency air medical place through strengthened safety re- The bill creates a tax credit for the service is dangerous work. Unfortu- quirements, comprehensive flight dis- installation of green roofs on residen- nately, we have been reminded of this patch and flight following procedures, tial and commercial property. On the fact all too many times this year, most improved situation awareness of heli- residential side, the credit is 30 percent recently by the tragic crash in Arizona. copter air crews, and better data avail- of the cost of installing a green roof, I first became involved in the issue of able to NTSB investigators at crash with a cap of $2,000. On the commercial emergency air medical service safety sites. side, the credit is 10 percent of the cost when an EMS helicopter crashed near It is time to put black boxes in these installing a green roof, without a cap. my hometown in Washington state. On helicopters. In my home state of Oregon, the city of September 29, 2005, an Airlift North- It is time to require the same safety Portland utilizes green roofs exten- west EMS transport helicopter crashed standards regardless of whether or not sively. To date, the city has installed into the waters of Puget Sound at a patient is on board. or plans to install over 100 green roofs. Browns Bay, just north of Edmonds, It is time to evaluate potential risks Green roofs provide many environ- Washington. On board were pilot Steve before take-off. mental and cost benefits. One of the Smith, and nurses Erin Reed and Lois It is time to improve the situational more significant benefits provided by Suzuki. There were no survivors. Over awareness of air medical flight crews. green roofs is stormwater management time, I have communicated with both If not, we are bound to witness more and energy savings. When it rains, Erin’s mother and sister about their tragedies. water washes over roofs, streets, drive- loss. I am committed to these changes and ways, sidewalks, parking lots, and The cause of the crash remains un- I ask my colleagues to lend their sup- other surfaces. Rain water picks up known as EMS transport helicopters port in making the skies safer for the pollutants, such as oil, pesticides, met- are not required to have a ‘‘black box’’ men and women who dedicate their als, chemicals, and soil. The polluted or flight data recorder on board, and lives to getting critically injured pa- stormwater then drains into the storm only part of the helicopter could be re- tients the medical attention they need. system that eventually makes it way covered from Puget Sound. Some in the into our rivers and streams. The pol- area think the wind, rain, and heavy By Mr. BINGAMAN: lutants can endanger water quality of fog were to blame. Others claim that S. 3233. A bill to promote develop- lakes, rivers, streams and waterways, the helicopter sounded like it was hav- ment of a 21st century energy system making them unhealthy for people, ing engine trouble. to increase United States competitive- fish, and wildlife. During rainstorms, All we do know is that three people ness in the world energy technology green roofs act as a sponge, absorbing dedicated to saving lives were lost in marketplace, and for other purposes; to

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6444 CONGRESSIONAL RECORD — SENATE July 8, 2008 the Committee on Energy and Natural advanced, clean energy technologies required of clean energy technologies through the Resources. for the 21st century through the establish- Corporation to establish or promote— Mr. BINGAMAN. Mr. President, I am ment of a 21st Century Energy Deployment (1) sufficient electric generating capacity pleased today to introduce the 21st Corporation that will provide for an attrac- using clean energy technologies to meet the tive investment environment through— energy needs of the United States; Century Energy Technology Deploy- (1) the development of a stable secondary (2) clean energy technologies in vehicles ment Act to begin to address our need market for clean energy technology deploy- and fuels that will end the reliance of the to accelerate the deployment of ad- ment loans; and United States on foreign sources of energy vanced, clean energy technologies and (2) the cooperation and support of the pri- and insulate consumers from the price help establish the United States as a vate capital market in order to promote ac- shocks of world energy markets; leader in these technologies that will cess to affordable debt financing for acceler- (3) a domestic commercialization and man- be in great demand in the coming ated deployment of advanced clean energy ufacturing capacity that will establish the years. technologies and first-of-a-kind commercial United States as a world leader in clean en- deployments. ergy technologies across multiple sectors; The Energy Committee has had nu- (4) installation of sufficient infrastructure merous hearings on the challenges we SEC. 3. DEFINITIONS. In this Act: to allow for the cost-effective deployment of face in the coming decades regarding (1) ADVISORY COUNCIL.—The term ‘‘Advi- clean energy technologies in each region of new energy. Meeting our energy secu- sory Council’’ means the Energy Technology the United States; rity needs while diverting from our Advisory Council of the Corporation. (5) the transformation of the building current pathway towards catastrophic (2) BOARD OF DIRECTORS.—The term ‘‘Board stock of the United States to zero net energy climate change will require significant of Directors’’ means the Board of Directors consumption; investment. I’m convinced that making of the Corporation. (6) the recovery, use, and prevention of (3) BREAKTHROUGH TECHNOLOGY.—The term waste energy in the industrial sector; this investment is not only the right (7) domestic manufacturing of clean energy thing to do for future generations, but ‘‘breakthrough technology’’ means a clean energy technology that— technologies on a scale that is sufficient to that it will pay real dividends to the (A) receives a high rating according to the make the cost to the consumer less than cur- U.S. economy if we can position our- criteria established by the Advisory Council rent technologies; selves to lead the rest of the world in for meeting the objectives of this Act; but (8) domestic production of raw materials this necessary transition. (B) has been impeded in the development of (such as steel, cement, and iron) using clean There have been many good proposals the technology due to perceived high tech- energy technologies so that the United advanced to begin our journey down nical risk by the commercial financial sec- States will become a world leader in sustain- tor. able production of the materials; the path towards a more sustainable (9) a robust, efficient, and interactive elec- energy policy. Some of these proposals (4) CLEAN ENERGY TECHNOLOGY.—The term ‘‘clean energy technology’’ means a tech- tricity transmission grid that will allow for have even been enacted into law nology related to the production, use, trans- the implementation of clean energy tech- through energy bills in 2005 and 2007, mission, control, or conservation of energy nologies, distributed generation, and de- but I think there is general agreement that will contribute to meeting objectives of mand-response in each State; and in this body that much remains to be the United States— (10) such other goals as the Secretary and done. (A) to reduce the need for additional en- Advisory Council determine to be consistent The missing ingredient that this bill ergy supplies by using existing energy sup- with the purposes of this Act. plies with greater efficiency or by transmit- (b) PERFORMANCE TARGETS.—Taking into seeks to supply concerns traversing the account the goals established under sub- so-called ‘‘valley of death.’’ This is the ting energy with greater effectiveness through United States energy infrastructure; section (a), the Advisory Council shall pub- part of the development cycle of a new (B) to diversify the sources of energy sup- lish 5- and 10-year numerical targets, and an- technology when the technology has ply of the United States to include supplies nual interim targets, to guide and measure been demonstrated at a lab or pilot that are environmentally sustainable; or the performance of the Corporation toward supporting the deployment of clean energy scale and is ready to be demonstrated (C) to stabilize atmospheric greenhouse gas technologies and achieving other goals de- levels thorough reduction, avoidance, and seat a commercial scale. It is here, we veloped under that subsection. questration of energy-related emissions. are told, where new technologies, and (c) INITIAL TARGETS.—Until the first publi- particularly capital-intensive energy (5) CORPORATION.—The term ‘‘Corporation’’ cation by the Advisory Council of targets technologies, often languish for want means the 21st Century Energy Deployment under subsection (b), in establishing the de- Corporation established by section 5. of funding. Banks traditionally aim for ployment priorities of the Corporation, the (6) NATIONAL LABORATORY.—The term ‘‘Na- moderate risk and predictable returns Corporation shall consider deploying— tional Laboratory’’ has the meaning given (1) commercial-scale carbon capture and and simply have very little incentive the term in section 2 of the Energy Policy storage from electricity generation cap- to bet on unfamiliar technologies with Act of 2005 (42 U.S.C. 15801). turing at least 10,000,000 short tons per year speculative returns. Venture capital- (7) NOVEL TECHNOLOGY.—The term ‘‘novel by 2015; ists, who are more comfortable with technology’’ means a clean energy tech- (2) solar photovoltaic systems with a power technology risk, simply can’t supply nology that, as determined by the Advisory production cost of 14 cents per kilowatt- the billions of dollars necessary to Council or the Secretary— hour; (A) has been sufficiently demonstrated; push these technologies forward at the (3) concentrated solar power systems with and a power production cost of 6 cents per kilo- pace we need. (B) has not been widely deployed on a com- This bill can help fill this financing watt-hour; mercial scale. (4) wind power systems greater than 100 gap between the venture capital com- (8) SECRETARY.—The term ‘‘Secretary’’ kilowatts with a power production cost of— munity and the banking community means the Secretary of Energy. (A) 3.6 cents per kilowatt-hour by 2012 for and I hope it will act as a catalyst for (9) SECURITY.—The term ‘‘security’’ has the land-based sites with average wind speeds of continuing conversation on this vital meaning given the term in section 2 of the 13 miles per hour; and topic. Securities Act of 1933 (15 U.S.C. 77b). (B) 5 cents per kilowatt-hour by 2015 for (10) STATE.—The term ‘‘State’’ means— offshore wind systems with average wind Mr. President, I ask unanimous con- (A) a State; sent that the text of the bill be printed speeds of 15 miles per hour; (B) the District of Columbia; (5) new enhanced geothermal systems gen- in the RECORD. (C) the Commonwealth of Puerto Rico; and eration capacity with a power production There being no objection, the text of (D) any other territory or possession of the cost of 5 cents per kilowatt-hour by 2023; the bill was ordered to be printed in United States. (6) technologies to realize a 20 percent im- the RECORD, as follows: (11) TECHNOLOGY RISK.—The term ‘‘tech- provement in energy intensity by energy-in- S. 3233 nology risk’’ means risk of project failure tensive industries by 2020; and generally considered by lenders due to the Be it enacted by the Senate and House of Rep- (7) advanced energy systems to achieve lack of operating applications of the tech- net-zero energy use in new residential and resentatives of the United States of America in nology. Congress assembled, commercial buildings by 2025 through a 60 SEC. 4. ENERGY TECHNOLOGY DEPLOYMENT percent-reduction in building energy use. SECTION 1. SHORT TITLE. GOALS. (d) PORTFOLIO REQUIREMENT.—To the ex- This Act may be cited as the ‘‘21st Century (a) GOALS.—Not later than 1 year after the tent practicable and consistent with the pur- Energy Technology Deployment Act’’. date of enactment of this Act, the Secretary, pose of this Act, not less than 75 percent of SEC. 2. PURPOSE. after consultation with the Advisory Coun- the support provided by the Corporation The purpose of this Act is to promote the cil, shall develop and publish near-, medi- under this section shall be for breakthrough domestic development and deployment of the um-, and long-term goals for the deployment technologies.

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(e) REVISIONS.— (ii) the private research community; and to lend on the security of, any debt that the (1) GOALS.—The Secretary shall revise the (iii) National Laboratories. Corporation is authorized to purchase under goals established under subsection (a), from (3) DUTIES.—The Advisory Council shall— this section. time to time as appropriate, to account for (A) develop a rating system for projects (2) AUTHORIZED ACTIONS.—On such terms advances in technology and changes in en- and clean energy technologies to determine and conditions as the Corporation may pre- ergy policy. how well the projects and clean energy tech- scribe, the Corporation may— (2) PERFORMANCE TARGETS.—The Advisory nologies address the purpose of this Act and (A) borrow; Council shall revise the performance targets establish a priority for the projects and (B) give security; under subsection (b), from time to time as clean energy technologies for financial as- (C) pay interest or other return; and appropriate, to account for advances in tech- sistance under this Act, taking into ac- (D) issue notes, debentures, bonds, or other nology and changes in energy policy. count— obligations or securities. SEC. 5. 21ST CENTURY ENERGY DEPLOYMENT (i) the extent to which a project or clean (g) LENDING ACTIVITIES.— CORPORATION. energy technology will enhance the energy (1) IN GENERAL.—The Corporation shall de- (a) ESTABLISHMENT.— security of the United States; termine— (1) IN GENERAL.—There is established the (ii) the potential the project or clean en- (A) the volume of the lending activities of 21st Century Energy Deployment Corpora- ergy technology has to enhance the competi- the Corporation; and tion, which shall be a body corporate under tiveness of the United States in providing (B) the type of loan ratios, risk profiles, in- the direction of a Board of Directors. energy technologies likely to be in demand terest rates, maturities, and charges or fees (2) BOARD OF DIRECTORS.—Subject to other throughout the world; in the secondary market operations of the provisions of law (including regulations), the (iii) the potential benefits of the project or Corporation. Board of Directors shall determine the gen- clean energy technology in averting climate (2) OBJECTIVES.—Determinations under eral policies that govern the operations of change; and paragraph (1) shall be consistent with the ob- the Corporation. (iv) the potential of the technology, once jectives of— (3) OFFICES.— deployed, to become financially self-sus- (A) providing an attractive investment en- (A) PRINCIPAL OFFICE.—The Corporation taining; vironment for clean energy technologies; shall— (B) advise on the technological approaches (B) making the operations of the Corpora- (i) maintain the principal office of the Cor- that should be supported by the Corporation tion self-supporting over the long term; and poration in the District of Columbia; and to meet the technology deployment goals es- (C) meeting the targets established by the (ii) for purposes of venue in civil actions, tablished by the Secretary; and Advisory Council. be considered to be a resident of the District (C) set risk and default rate targets for in- (h) NO FEDERAL GUARANTEE.—The Corpora- of Columbia. dividual technologies, such that the max- tion shall insert appropriate language in all (B) OTHER AGENCIES AND OFFICES.—The Cor- imum practicable ratio of breakthrough of the obligations and securities of the Cor- poration may establish other agencies or of- technologies to novel technologies is devel- poration issued under this section that clear- fices in such other places as the Corporation oped. ly indicates that the obligations and securi- considers necessary or appropriate for the (4) TERM.— ties (together with the interest)— conduct of the business of the Corporation. (A) IN GENERAL.—Members of the Advisory (1) are not guaranteed by the United (b) BOARD OF DIRECTORS.— Council shall have 3-year staggered terms, as States; and (1) IN GENERAL.—The Board of Directors shall consist of— determined by the Secretary and the Board (2) do not constitute a debt or obligation of (A) the Secretary, who shall serve an ex- of Directors. the United States or any agency or instru- officio member of the Board; and (B) REAPPOINTMENT.—A member of the Ad- mentality other than the Corporation. (B) 9 members who shall— visory Council may be reappointed. (i) EXEMPT SECURITIES.—All securities (i) be appointed by the President for stag- (5) COMPENSATION.—A member of the Advi- issued or guaranteed by the Corporation gered 4-year terms, as determined by the sory Council shall serve without compensa- shall, to the same extent as securities that President; and tion but shall be allowed travel expenses, in- are direct obligations of or obligations guar- (ii) have experience in banking or financial cluding per diem in lieu of subsistence, at anteed as to principal or interest by the services relevant to the operations of the rates authorized for an employee of an agen- United States, be considered to be exempt se- Corporation, including— cy under subchapter I of chapter 57 of title 5, curities within the meaning of the laws ad- (I) at least 1 individual with substantial United States Code, while away from the ministered by the Securities and Exchange experience in the development of energy home or regular place of business of the Commission. projects; member in the performance of the duties of (j) OTHER AUTHORIZED PROGRAMS.— (II) at least 1 individual with experience in the Advisory Council. (1) IN GENERAL.—The Secretary may con- the electric utility industry; and SEC. 6. CLEAN ENERGY TECHNOLOGY DEPLOY- tract with the Corporation to provide finan- (III) at least 1 individual with experience MENT SECURITIZATION. cial services and program management for (a) IN GENERAL.—The Corporation may in the banking industry. grant, loan, and other credit enhancement purchase, and make commitments to pur- programs authorized under any other provi- (2) REMOVAL.—Any appointed member of chase, any debt instrument associated with the Board of Directors may be removed from sion of law. the deployment of clean energy technologies. office by the President for good cause. (2) ADMINISTRATION.—In administering any (b) DISPOSITION OF DEBT OR INTEREST.—The other program under contract with the Sec- (3) VACANCIES.—Any appointive seat on the Corporation may hold and deal with, and sell retary, the Corporation shall, to the max- Board of Directors that becomes vacant shall or otherwise dispose of, pursuant to commit- be filled by appointment by the President, imum extent practicable (as determined by ments or otherwise, any debt described in the Corporation)— but only for the unexpired portion of the subsection (a) or interest in the debt. term. (A) administer the program in a manner (c) PRICING.— that is consistent with the terms and condi- (4) COMPENSATION; TRAVEL EXPENSES.—A (1) IN GENERAL.—The Corporation may es- tions of this Act; and member of the Board of Directors shall not tablish requirements, and impose charges or be compensated for service on the Board of (B) minimize the administrative costs to fees, which may be regarded as elements of the Federal Government. Directors but shall be allowed travel ex- pricing, for different classes of sellers or penses, including per diem in lieu of subsist- services. SEC. 7. FEDERAL OWNERSHIP OF OBLIGATIONS. (a) IN GENERAL.—In order to maintain suf- ence, at rates authorized for an employee of (2) CLASSIFICATION OF SELLERS.—For the an agency under subchapter I of chapter 57 of purpose of paragraph (1), the Corporation ficient liquidity, the Corporation may issue title 5, United States Code, while away from may classify sellers as necessary to promote notes, debentures, bonds, or other obliga- the home or regular place of business of the transparency and liquidity and properly tions for purchase by the Secretary of the member in the performance of the duties of characterize the risk of default. Treasury. the Board of Directors. (d) ELIGIBILITY.—The Corporation shall es- (b) PUBLIC DEBT TRANSACTIONS.—For the (c) ENERGY TECHNOLOGY ADVISORY COUN- tablish criteria and mechanisms such that, purpose of subsection (a)— CIL.— to the maximum extent practicable, sellers (1) the Secretary of the Treasury may use (1) IN GENERAL.—The Corporation shall will be able to determine the eligibility of as a public debt transaction the proceeds of have an Energy Technology Advisory Coun- loans for resale at the time of initial lending. the sale of any securities issued under chap- cil consisting of— (e) AGGREGATION OF SMALL SCALE ter 31 of title 31, United States Code; and (A) 5 members selected by the Secretary; PROJECTS.—The Corporation shall work with (2) the purposes for which securities may and Federal, State, local, and private sector enti- be issued under that chapter are extended to (B) 3 members selected by the Board of Di- ties to develop debt instruments that aggre- include any purchase under this subsection. rectors. gate projects for clean energy technology de- (c) MAXIMUM OUTSTANDING HOLDING.—The (2) QUALIFICATIONS.—The members of the ployments on a residential or small commer- Secretary of the Treasury shall not purchase Advisory Council shall— cial scale. any obligations under this section if the pur- (A) have relevant scientific expertise; and (f) SECURITIZATION.— chase would increase the aggregate principal (B) include representatives of— (1) IN GENERAL.—The Corporation may lend amount of the outstanding holdings of obli- (i) the academic community; on the security of, and make commitments gations under this section by the Secretary

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6446 CONGRESSIONAL RECORD — SENATE July 8, 2008 to an amount that is greater than (i) shall be a depositary of public money, actions of the Corporation shall be subject to $1,500,000,000. under such regulations as may be promul- audit by the Comptroller General of the (d) RATE OF RETURN.—Each purchase of ob- gated by the Secretary of the Treasury; United States under such rules and regula- ligations by the Secretary of the Treasury (ii) may also be employed as a fiscal or tions as may be prescribed by the Comp- under this section shall be on terms and con- other agent of the United States; and troller General. ditions established to yield a rate of return (iii) shall perform all such reasonable du- (2) ACCESS.—The representatives of the determined by the Secretary to be appro- ties of such depositary or agent as may be Government Accountability Office shall— priate, taking into account the current aver- required. (A) have access to the personnel and to all age rate on outstanding marketable obliga- (e) TAXATION.— books, accounts, documents, records (includ- tions of the United States as of the last day (1) IN GENERAL.—Subject to paragraph (2), ing electronic records), reports, files, and all of the month preceding the purchase. the Corporation (including the franchise, ac- other papers, automated data, things, or (e) SALE OF OBLIGATIONS.—The Secretary tivities, capital, reserves, surplus, and in- property belonging to, under the control of, of the Treasury may at any time sell, on come of the Corporation) shall be exempt or in use by the Corporation and necessary terms and conditions and at prices deter- from all taxation imposed by any State or to facilitate the audit; mined by the Secretary, any of the obliga- local political subdivision of a State. (B) be afforded full facilities for verifying tions acquired by the Secretary under this (2) REAL PROPERTY.—Any real property of transactions with the balances or securities section. the Corporation shall be subject to taxation held by depositories, fiscal agents, and (f) PUBLIC DEBT TRANSACTIONS.—All re- by a State or political subdivision of a State custodians; demptions, purchases, and sales by the Sec- to the same extent according to the value of (C) be authorized to obtain and duplicate retary of the Treasury of obligations under the real property as other real property is any such books, accounts, documents, this section shall be treated as public debt taxed. records, working papers, automated data and transactions of the United States. (f) JURISDICTION.—Notwithstanding section files, or other information relevant to the SEC. 8. GENERAL PROVISIONS. 1349 of title 28, United States Code, or any audit without cost to the Comptroller Gen- (a) IMMUNITY FROM IMPAIRMENT, LIMITA- other provision of law— eral; and TION, OR RESTRICTION.— (1) the Corporation shall be considered an (D) have the right of access of the Comp- (1) IN GENERAL.—All rights and remedies of agency covered by sections 1345 and 1442 of troller General to such information be en- the Corporation (including any rights and title 28, United States Code; forceable pursuant to section 716(c) of title remedies of the Corporation on, under, or (2) all civil actions to which the Corpora- 31, United States Code. with respect to any mortgage or any obligation is a party shall be considered to arise (3) REPORT.— tion secured by a mortgage) shall be immune under the laws of the United States, and the (A) IN GENERAL.—The Comptroller General from impairment, limitation, or restriction district courts of the United States shall shall submit to Congress a report on each by or under— have original jurisdiction of all such actions, audit conducted under this subsection. (A) any law (other than a law enacted by without regard to amount or value; and (B) CONTENTS.—The report shall include a Congress expressly in limitation of this para- (3) any civil or other action, case or con- description of— graph) that becomes effective after the ac- troversy in a court of a State, or in any (i) the scope of the audit; quisition by the Corporation of the subject court other than a district court of the (ii) any surplus or deficit; or property on, under, or with respect to United States, to which the Corporation is a (iii) income and expenses; which the right or remedy arises or exists or party may at any time before trial be re- (iv) sources and application of funds; would so arise or exist in the absence of the moved by the Corporation, without the giv- (v) such comments and information as is law; or ing of any bond or security and by following necessary to inform Congress of the financial (B) any administrative or other action that any procedure for removal of causes in effect operations and condition of the Corporation; becomes effective after the acquisition. at the time of the removal— and (2) STATE LAW.—The Corporation may con- (A) to the district court of the United (vi) any recommendations as the Comp- duct the business of the Corporation without States for the district and division embrac- troller General considers appropriate. regard to any qualification or law of any ing the place in which the same is pending; (4) ASSISTANCE AND COST.— State relating to incorporation. or (A) IN GENERAL.—For the purpose of con- (b) POWERS.—Subject to subsection (c), the (B) if there is no such district court, to the ducting an audit under this subsection, the Corporation shall have all the powers of a district court of the United States for the Comptroller General may, in the discretion private corporation incorporated under the district in which the principal office of the of the Comptroller General, employ by con- District of Columbia Business Corporation Corporation is located. tract, without regard to section 3709 of the Act (D.C. Code, sec. 29 et seq.). (g) ANNUAL REPORTS.—Not later than 1 Revised Statutes (41 U.S.C. 5), professional (c) ADMINISTRATION.— year after incorporation of the Corporation services of firms and organizations of cer- (1) PERFORMANCE-BASED COMPENSATION.—A and annually thereafter, the Corporation tified public accountants for temporary peri- significant portion of potential compensa- shall submit to the Committee on Energy tion of all executive officers of the Corpora- and Natural Resources of the Senate and the ods or for special purposes. tion shall be based on the performance of the Committee on Energy and Commerce in the (B) REIMBURSEMENT.—On the request of the Corporation, all without regard to any other House a report that includes— Comptroller General, the Corporation shall law except as may be provided by the Cor- (1) a description of— reimburse the General Accountability Office poration or by a law enacted after the date (A) the technologies supported by activi- for the full cost of any audit conducted by of enactment of this Act that expressly lim- ties of the Corporation and how the activi- the Comptroller General under this sub- its this paragraph. ties advance the purposes of this Act; section. (2) USE OF OTHER AGENCIES.—With the con- (B) the performance of the Corporation on (i) ANNUAL INDEPENDENT AUDIT.— sent of a department, establishment, or in- meeting the goals established by the Sec- (1) IN GENERAL.—The Corporation shall strumentality (including any field office), retary; have an annual independent audit made of the Corporation may— (C) the comparability of the compensation the financial statements of the Corporation (A) use and act through any department, policies of the Corporation with the com- by an independent public accountant in ac- establishment, or instrumentality; pensation policies of other similar busi- cordance with generally accepted auditing (B) use, and pay compensation for, infor- nesses; standards. mation, services, facilities, and personnel of (D) in the aggregate, the percentage of (2) CONTENT.—In conducting an audit under the department, establishment, or instru- total cash compensation and payments under this subsection, the independent public ac- mentality. employee benefit plans (which shall be de- countant shall determine and report on (d) FINANCIAL MATTERS.— fined in a manner consistent with the proxy whether the financial statements of the Cor- (1) INVESTMENTS.—Funds of the Corpora- statement of the Corporation for the annual poration— tion may be invested in such investments as meeting of shareholders for the preceding (A) are presented fairly in accordance with the Board of Directors may prescribe. year) earned by executive officers of the Cor- generally accepted accounting principles; (2) FISCAL AGENTS.— poration during the preceding year that was and (A) IN GENERAL.—Any Federal Reserve based on the performance of the Corporation; (B) to the extent determined necessary by bank or any bank as to which at the time of and the Director, comply with any disclosure re- the designation of the bank by the Corpora- (E) the comparability of the financial per- quirements imposed under this Act. tion there is outstanding a designation by formance of the Corporation with the per- SEC. 9. OVERSIGHT BY THE SECRETARY. the Secretary of the Treasury as a general or formance of other similar businesses; and other depository of public money, may be (2) the proxy statement of the Corporation (a) DUTIES.—The Secretary shall— designated by the Corporation as a deposi- for the annual meeting of shareholders for (1) oversee the operations of the Corpora- tary or custodian or as a fiscal or other the preceding year. tion; and agent of the Corporation. (h) AUDITS BY THE COMPTROLLER GEN- (2) ensure that— (B) DEPOSITARY OF PUBLIC MONEY.—If des- ERAL.— (A) the Corporation operates in a safe and ignated for that purpose by the Secretary of (1) IN GENERAL.—The programs, activities, sound manner, including maintenance of the Treasury, the Corporation— receipts, expenditures, and financial trans- adequate capital and internal controls;

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE July 8, 2008 CONGRESSIONAL RECORD — SENATE S6447 (B) the operations and activities of the standard established under subsection (c), this subsection earlier than 60 days after no- Corporation foster liquid, efficient, competi- the Secretary may require the Corporation tification of Congress. tive, and resilient energy finance markets; to submit an acceptable plan to the Sec- f (C) the Corporation carries out the statu- retary within a reasonable time that speci- tory mission of the Corporation only fies the actions that the Corporation will AMENDMENTS SUBMITTED AND through activities that are authorized under take to correct the deficiency. PROPOSED and consistent with this Act; and (2) REQUIRED ORDER ON FAILURE TO SUBMIT (D) the activities of the Corporation and OR IMPLEMENT PLAN.—If the Corporation fails SA 5067. Mr. REID proposed an amendment the manner in which the Corporation is oper- to submit an acceptable plan within the time to the bill H.R. 3221, moving the United ated is consistent with the public interest. specified by the Secretary or fails in any ma- States toward greater energy independence (b) FINANCIAL REPORTS.— terial respect to implement a plan accepted and security, developing innovative new (1) IN GENERAL.—The Corporation shall by the Secretary, the Secretary shall, by technologies, reducing carbon emissions, cre- submit to the Secretary annual and quar- order, require the Corporation to correct the ating green jobs, protecting consumers, in- terly reports of the financial condition and deficiency. creasing clean renewable energy production, operations of the Corporation which shall be (e) PROHIBITION AND WITHHOLDING OF EXEC- and modernizing our energy infrastructure, in such form, contain such information, and UTIVE COMPENSATION.— and to amend the Internal Revenue Code of be submitted on such dates as the Secretary (1) IN GENERAL.—The Secretary shall pro- 1986 to provide tax incentives for the produc- shall require. hibit the Corporation from providing com- tion of renewable energy and energy con- (2) CONTENTS OF ANNUAL REPORTS.—Each pensation to any executive officer that is not servation. annual report shall include— reasonable and comparable with compensa- SA 5068. Mr. REID proposed an amendment (A) financial statements prepared in action for employment in other similar busi- to amendment SA 5067 proposed by Mr. REID cordance with generally accepted accounting nesses (including other publicly held finan- to the bill H.R. 3221, supra. principles; cial institutions or major financial services f (B) any supplemental information or alter- companies) involving similar duties and re- native presentation that the Secretary may sponsibilities. TEXT OF AMENDMENTS require; and (2) FACTORS.—In making any determina- SA 5067. Mr. REID proposed an (C) an assessment (as of the end of the tion under paragraph (1), the Secretary may most recent fiscal year of the Corporation), take into consideration any factors the Sec- amendment to the bill H.R. 3221, mov- signed by the chief executive officer and retary considers relevant, including any ing the United States toward greater chief accounting or financial officer of the wrongdoing on the part of the executive offi- energy independence and security, de- Corporation, of— cer. veloping innovative new technologies, (i) the effectiveness of the internal control (3) WITHHOLDING OF COMPENSATION.—In car- reducing carbon emissions, creating structure and procedures of the Corporation; rying out paragraph (1), the Secretary may green jobs, protecting consumers, in- and require the Corporation to withhold any pay- (ii) the compliance of the Corporation with creasing clean renewable energy pro- ment, transfer, or disbursement of com- duction, and modernizing our energy designated safety and soundness laws. pensation to an executive officer, or to place (3) SPECIAL REPORTS.—The Secretary may such compensation in an escrow account, infrastructure, and to amend the Inter- require the Corporation to submit other re- during the review of reasonableness and com- nal Revenue Code of 1986 to provide tax ports on the condition (including financial parability of compensation. incentives for the production of renew- condition), management, activities, or oper- (4) PROHIBITION OF SETTING COMPENSA- able energy and energy conservation; ations of the Corporation, as the Secretary TION.—In carrying out paragraph (1), the Sec- as follows: considers appropriate. retary may not prescribe or set a specific At the end add the following: (4) ACCURACY.—Each report of financial level or range of compensation. condition shall contain a declaration by the This title shall become effective in 3 days. SEC. 10. ISSUANCE OF COMMON STOCK TO EX- Mr. REID proposed an president, vice president, treasurer, or any PAND OPERATIONS. SA 5068. other officer designated by the Board of Di- (a) IN GENERAL.—Not later than 5 years amendment to amendment SA 5067 pro- rectors of the Corporation to make the dec- after the date of enactment of this Act, the posed by Mr. REID to the bill H.R. 3221, laration, that the report is true and correct Corporation may prepare a strategic plan for moving the United States toward to the best of the knowledge and belief of the issuing common stock to raise the capital greater energy independence and secu- officer. needed to expand the operations of the Cor- rity, developing innovative new tech- (c) MANAGEMENT AND OPERATION STAND- poration in carrying out this Act. ARDS.—The Secretary shall establish stand- nologies, reducing carbon emissions, (b) CONSIDERATION OF ALTERNATIVES FOR creating green jobs, protecting con- ards, by regulation or guideline, for the Cor- GOVERNANCE.—The strategic plan shall in- poration relating to— clude consideration of alternatives for re- sumers, increasing clean renewable en- (1) the adequacy of internal controls and structuring the Board of Directors to allow ergy production, and modernizing our information systems; for a majority of the Members to be selected energy infrastructure, and to amend (2) the independence and adequacy of inter- by voting common stockholders. the Internal Revenue Code of 1986 to nal audit systems; (c) EVALUATION AND RECOMMENDATION.— provide tax incentives for the produc- (3) the management of market risk, includ- The strategic plan shall— ing standards to provide for systems that tion of renewable energy and energy (1) evaluate the relative merits of the al- conservation; as follows: measure, monitor, and control market risks ternatives considered; and and, as warranted, to establish limitations (2) include the recommendation of the Cor- In the amendment, strike ‘‘3’’ and insert on market risk; poration on a proposed alternative. ‘‘2’’. (4) risk management processes, including (d) TRANSMITTAL.—On completion of the f the adequacy of oversight by senior manage- strategic plan, the Corporation shall submit ment and the Board of Directors and of proc- copies of the strategic plan to the President NOTICES OF HEARINGS esses and policies to measure, monitor, and and Congress, along with any recommenda- COMMITTEE ON ENERGY AND NATURAL control material risks, including tions for legislative changes required to im- RESOURCES reputational risks, and for adequate, well- plement the plan. tested business resumption plans in the case (e) IMPLEMENTATION.—Subject to sub- Mr. BINGAMAN. Mr. President, I of disruptive events; sections (f) and (g), subsequent to submitting would like to announce for the infor- (5) the management of credit and a strategic plan pursuant to this section, the mation of the Senate and the public counterparty risk, including systems to Corporation may implement the strategic that a legislative hearing has been identify concentrations of credit risk and plan. scheduled before the Senate Committee prudential limits to restrict the exposure of (f) REQUIREMENT FOR PRESIDENTIAL AP- on Energy and Natural Resources. The the Corporation to a single counterparty or PROVAL.—The Corporation may not imple- groups of related counterparties; ment the strategic plan without the approval hearing will be held on Tuesday, July (6) the maintenance of adequate records, in of the President. 15, 2008, at 10 a.m., in room SD–366 of accordance with consistent accounting poli- (g) NOTIFICATION OF CONGRESS.— the Dirksen Senate Office Building. cies and practices to enable the Secretary to (1) IN GENERAL.—The Corporation shall no- The purpose of the hearing is to reevaluate the financial condition of the Cor- tify Congress of any intent to implement the ceive testimony regarding legislation poration; and strategic plan if the Corporation determines, to improve the availability of financ- (7) such other operational and management in consultation with the Secretary and other ing for deployment of clean energy and appropriate agencies of the United States, standards as the Secretary determines to be energy efficiency technologies and to appropriate. that no further legislation is required for the (d) FAILURE TO MEET STANDARDS.— implementation. enhance United States’ competitive- (1) IN GENERAL.—If the Secretary deter- (2) IMPLEMENTATION.—The Corporation ness in this market. Specific bills to be mines that the Corporation fails to meet any may not implement the strategic plan under considered are S. 3233, introduced by

VerDate Aug 31 2005 00:39 Jul 10, 2008 Jkt 059060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~3\URGENT~1\RECFILE\S08JY8.REC S08JY8 mmaher on PRODPC24 with CONG-REC-ONLINE S6448 CONGRESSIONAL RECORD — SENATE July 8, 2008 Senator BINGAMAN and S. 2730, intro- Mr. BINGAMAN. I ask unanimous The legislative clerk read as follows: duced by Senator DOMENICI. consent that Matthew Pedilla, who is The Senator from Nevada [Mr. REID] pro- Because of the limited time available an intern in my office, be granted the poses an amendment numbered 5067. for the hearing, witnesses may testify privilege of the floor during the pend- Mr. REID. Mr. President, I ask unan- by invitation only. However, those ency of this discussion. imous consent that the reading of the wishing to submit written testimony The PRESIDING OFFICER. Without amendment be dispensed with. for the hearing record should send it to objection, it is so ordered. The PRESIDING OFFICER. Without the Committee on Energy and Natural Mr. COCHRAN. Mr. President, I ask objection, it is so ordered. Resources, United States Senate, unanimous consent that Sara Love The amendment is as follows: Washington, DC 20510–6150, or by e-mail Swaney, who is a member of my staff, At the end add the following: to rachel_pasternack@energy be given floor privileges for the re- This title shall become effective in 3 .senate.gov. mainder of the day. For further information, please con- The PRESIDING OFFICER. Without days. tact Rachel Pasternack at (202) 224–0883 objection, it is so ordered. Mr. REID. I ask for the yeas and nays. or Michael Carr at 202–224–8164. f The PRESIDING OFFICER. Is there a PERMANENT SUBCOMMITTEE ON INVESTIGATIONS AMERICAN HOUSING RESCUE AND sufficient second? Mr. LEVIN. Mr. President, I would FORECLOSURE PREVENTION ACT There appears to be a sufficient sec- like to announce for the information of OF 2008 ond. the Senate and the public that the Per- The yeas and nays were ordered. manent Subcommittee on Investiga- Mr. REID. Mr. President, I ask the tions of the Committee on Homeland Chair to lay before the Senate a mes- AMENDMENT NO. 5068 TO AMENDMENT NO. 5067 Security and Governmental Affairs will sage from the House with respect to Mr. REID. I have a second-degree hold a hearing entitled, ‘‘Tax Haven H.R. 3221. amendment at the desk. I ask for its The PRESIDING OFFICER. The Banks and U.S. Tax Compliance.’’ The consideration. clerk will report. The PRESIDING OFFICER. The Permanent Subcommittee on Inves- The legislative clerk read as follows: tigations hearing will examine how fi- clerk will report. A message from the House of Representa- nancial institutions located in offshore The assistant legislative clerk read tives to accompany H.R. 3221, an act to pro- as follows: tax havens, including Liechtenstein vide needed housing reform, and for other and Switzerland, may be engaged in purposes. The Senator from Nevada [Mr. REID] pro- banking practices that could facilitate, poses an amendment numbered 5068 to Mr. REID. I now ask unanimous con- amendment No. 5067. and in some instances have resulted in, sent that all postcloture time be con- The amendment is as follows: tax evasion and other misconduct by sidered yielded back, and that the mo- U.S. clients. The hearing will also ex- tion to concur be agreed to and the mo- In the amendment, strike ‘‘3’’ and insert amine how U.S. domestic and inter- tion to reconsider be laid upon the ‘‘2’’. national tax enforcement efforts could table. f be strengthened. The Subcommittee The PRESIDING OFFICER. Without TRIBUTES TO SENATOR JESSE expects to issue a Subcommittee staff objection, it is so ordered. HELMS report in conjunction with the hearing CLOTURE MOTION summarizing its investigative findings. Mr. DODD. Mr. President, I ask unan- Mr. REID. Mr. President, I move to imous consent that the tributes to Sen- A witness list will be available Mon- disagree to the amendments of the ator Helms in the CONGRESSIONAL day, July 14, 2008. House, adding a new title and inserting The Subcommittee hearing is sched- RECORD be printed as a Senate docu- a new section to the amendment of the ment and that Senators be permitted uled for Thursday, July 17, 2008, at 9:30 Senate to H.R. 3221, and I send a clo- a.m., in room 106 of the Dirksen Senate to submit statements for inclusion ture motion to the desk. until August 1. Office Building. For further informa- The PRESIDING OFFICER. The clo- tion, please contact Elise Bean of the ture motion having been presented f Permanent Subcommittee on Inves- under rule XXII, the Chair directs the ORDERS FOR WEDNESDAY, JULY 9, tigations at 224–9505. clerk to read the motion. 2008 f The legislative clerk read as follows: Mr. DODD. Mr. President, I ask unan- AUTHORITY FOR COMMITTEES TO CLOTURE MOTION imous consent that when the Senate MEET We, the undersigned Senators, in accord- completes its business today, it stand ance with the provisions of rule XXII of the SUBCOMMITTEE ON WATER AND POWER Standing Rules of the Senate, hereby move adjourned until 9:30 a.m. tomorrow, Mr. ROCKEFELLER. Mr. President, I to bring to a close debate on the motion to July 9; that following the prayer and ask unanimous consent that the Sub- disagree to the amendments of the House, pledge, the Journal of proceedings be committee on Water and Power, be au- adding a new title and inserting a new sec- approved to date, the morning hour be thorized to meet during the session of tion, to the amendment of the Senate to deemed to have expired, the time for the Senate to conduct a hearing on H.R. 3221, the Foreclosure Prevention Act. the two leaders be reserved for their Harry Reid, Christopher J. Dodd, Debbie Tuesday, July 8, 2008, at 2:30 p.m., in use later in the day, and the Senate re- Stabenow, John D. Rockefeller, IV, Jeff sume consideration of H.R. 6304, the room SD–366 of the Dirksen Senate Of- Bingaman, Ken Salazar, Joseph R. fice Building. Biden, Jr., Max Baucus, Patty Murray, FISA legislation, as under the previous The PRESIDING OFFICER. Without Barbara A. Mikulski, Charles E. Schu- order. I further ask that there be an objection, it is so ordered. mer, Sheldon Whitehouse, Sherrod additional 10 minutes for debate under f Brown, Bill Nelson, John F. Kerry, the control of Senator SPECTER. Robert P. Casey, Jr., Benjamin L. Finally, I ask that following the PRIVILEGES OF THE FLOOR—H.R. Cardin, Frank R. Lautenberg. votes in relation to FISA, the Senate 6304 Mr. REID. I ask unanimous consent stand in recess until 2:15 to allow for Mr. FEINGOLD. Mr. President, I ask that the mandatory quorum be waived. the Republican caucus luncheon. unanimous consent that during the The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Senate’s consideration of the FISA objection, it is so ordered. objection, it is so ordered. Amendments Act, Beckett Jackson, AMENDMENT NO. 5067 f Ross Schulman, and Alex Mr. REID. Mr. President, I now move Tausanovitch, interns in my Judiciary to concur in the amendment of the PROGRAM Committee office, be granted the privi- House adding a new title to the amend- Mr. DODD. Mr. President, Senators lege of the floor. ment of the Senate to H.R. 3221 with should be prepared to begin voting at The ACTING PRESIDENT pro tem- the amendment which is at the desk. approximately 11:15 a.m. tomorrow. pore. Without objection, it is so or- The PRESIDING OFFICER. The There will be up to five rollcall votes dered. clerk will report. in relation to the FISA legislation.

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HONORING THE WESTERN WAYNE They found the area so beautiful that they feel confident that the people of Dearborn COUNTY CONSERVATION CLUB began inviting friends and family to spend County will be well served by these officials. days with them in the tranquil area and soon, f local children and adults began flocking to the HON. THADDEUS G. McCOTTER RECOGNITION OF ENERGY, CITI- OF MICHIGAN refuge that the Griscoms had fondly named ‘‘Briar Bush.’’ ZENS, AND ECONOMIC TRANS- IN THE HOUSE OF REPRESENTATIVES After the Griscoms passed away, area resi- FORMATION FOR INDIANA AND Tuesday, July 8, 2008 dents led by T. Russell Frank established the AMERICA EVENT AT THE UNI- VERSITY OF NOTRE DAME Mr. MCCOTTER. Madam Speaker, today I ‘‘Friends of Briar Bush’’ organization, which rise to honor and acknowledge the Western was instrumental in encouraging the Township Wayne County Conservation Club, a group to acquire the land in 1962. The Friends of HON. PETER J. VISCLOSKY dedicated to the preservation and continuation Briar Bush carried on the Griscoms’ mission OF INDIANA of outdoor sporting for all generations, upon by offering the woodland retreat as a Natural IN THE HOUSE OF REPRESENTATIVES reaching their 70th anniversary of the club’s Education Center for local children and adults. Tuesday, July 8, 2008 establishment. Over the years, Briar Bush has become an Mr. VISCLOSKY. Madam Speaker, I rise The Western Wayne County Conservation important facet of the Abington Community. In today to recognize the Energy, Citizens, and Club provides many services to the Michigan 2000, the Center implemented a renovation Economic Transformation for Indiana and community. The Club has created more oppor- project to make the Center even more visitor- America event held on July 7, 2008, spon- tunities for outdoor sporting with their sponsor- friendly and expanded their education pro- sored by the University of Notre Dame Energy ship of a launching trap and skeet fields, a 3– grams, which has enabled the Center to serve Center. This conference brought together D walk-thru archery range, and a black pow- over 47,000 visitors annually. leaders in energy research from the University der group with a walk-thru range. Additionally, Briar Bush programs have received numer- of Notre Dame, the U.S. Department of En- The Wayne County Conservation Club has ous awards, including ‘‘Best of Philly.’’ The ergy, Oak Ridge National Laboratory, Purdue fundraisers for the Pinkerton School for the Briar Bush day camp is currently in the run- University, the state of Indiana, and academic Blind, the Rouge River Clean-up, hunter edu- ning for a Nickelodeon ‘‘Parents Pick Award’’ think tanks. cation classes, Girl Scout and Boy Scout for the best day camp for small children. The University of Notre Dame Energy Cen- camping activities, and for the University of The Briar Bush Nature Center is a true Ab- ter was established in 2005 to develop new Michigan Burn Center. ington community treasure. It is my pleasure technologies for energy efficiency, safe nu- The Western Wayne County Conservation to stand before you to honor this special orga- clear waste storage, clean coal utilization, CO2 Club has been recognized for their dedication nization for achieving its’ 100th anniversary separation and sequestration, and alternative to outdoor sports. The Club has received milestone. It is my most sincere hope that renewable energy sources. The Center also prominent awards including the President’s Briar Bush will continue to educate our com- plays a key role in energy education and lit- Award from the National Wildlife Federations, munity about the joy of nature for many years eracy, affecting energy policy and exploring North American Hunter’s Safety Award, and to come. the ethical implications associated with energy the National Rifle Association President’s f sources, availability and policy. It involves ap- Award. To the Michigan community, the proximately 25 faculty members in the Col- Wayne County Conservation Club is an orga- RECOGNIZING EMERGENCY MAN- leges of Engineering, Science, Arts & Letters nization dedicated to their goals, committed to AGEMENT, DISASTER RECOVERY and Business. The Notre Dame Energy Center serving their community and defending Ameri- AND RELIEF EFFORTS IN DEAR- and its faculty members have funding support cans’ Second Amendment Rights. BORN COUNTY from the U.S. Department of Energy and ex- Madam Speaker, the Western Wayne Coun- tensive collaborations with researchers at ty Conservation Club is a group which has HON. MIKE PENCE Sandia, Argonne National Labs and the Na- mastered outdoor sporting and has excelled in OF INDIANA tional Energy Technology Laboratory. using their mission to help other community IN THE HOUSE OF REPRESENTATIVES Meeting U.S. energy needs in an environ- organizations. I ask my colleagues to join me mentally sustainable manner without jeopard- Tuesday, July 8, 2008 in congratulating the Western Wayne County izing economic growth or national security in- Conservation Club for reaching 70 years as an Mr. PENCE. Madam Speaker, I rise today to terests through undue reliance on foreign en- organization and honoring the group’s devoted commend and recognize the extraordinary ergy sources is arguably our most demanding service to the community and our country. contributions of emergency management, dis- challenge. Achieving this goal will require mul- f aster response, and recovery personnel as tiple solutions and strategies. To meet this well as elected officials and community lead- challenge, the University of Notre Dame, CONGRATULATING BRIAR BUSH ers in my district which was devastated by the through their Energy Center and conferences NATURE CENTER ON ITS 100TH recent severe weather in Indiana. such as this, combines existing research ex- ANNIVERSARY I wish particularly to honor the Board of pertise and new research infrastructure with Commissioners, County Council, and all the visionary thinkers from both Indiana and the HON. ALLYSON Y. SCHWARTZ other outstanding individuals in Dearborn federal government. OF PENNSYLVANIA County who rose to the occasion during these A collaboration also is currently being un- IN THE HOUSE OF REPRESENTATIVES difficult times. This area suffered greatly from dertaken by the Notre Dame Energy Center severe storms and weather, creating a catas- that addresses the Indiana Dunes National Tuesday, July 8, 2008 trophe of nature that inflicted injuries, de- Lakeshore, which is a resource that is very im- Ms. SCHWARTZ. Madam Speaker, I rise stroyed property, and displaced many of our portant to the Northwest Indiana community. before you today to congratulate Briar Bush citizens. In response, these officials went This project seeks to provide energy-related Nature Center on the occasion of its 100th an- above and beyond the call of duty, showing consulting services to the park during the niversary. Briar Bush Nature Center is a true great poise while saving many lives and serv- coming summer months that will promote the testament to community outreach and wildlife ing the people of their communities. responsible use of an irreplaceable national preservation, both in its work over the past Madam Speaker, I commend these fine men treasure. As part of the project, students will century and in its very roots. and women for their tremendous dedication to track and quantify the cost savings related to In 1908, a Quaker couple, Everett and Flor- the Hoosier families, businesses, farmers and energy use reduction and lower greenhouse ence Griscom, fell in love with a twelve acre communities that they serve. As Hoosiers con- gas emissions. This collaboration will help pre- plot in the heart of Abington, Pennsylvania. tinue to recover from Mother Nature’s fury, I serve the unique ecosystem of the Indiana

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

VerDate Aug 31 2005 04:42 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K08JY8.002 E08JYPT1 smartinez on PROD1PC64 with REMARKS E1394 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2008 Dunes National Lakeshore and will allow fu- tainly due to the great residents of this city consciously inflicted upon the Ukrainian peo- ture generations to enjoy this tremendous nat- who are the true heart of this community. ple by the totalitarian tyranny of dictator Jo- ural, educational, and recreational asset of Their hard work, family values, and commit- seph Stalin. With its radical agricultural collec- Northwest Indiana. ment contribute to the daily growth of River- tivization policies, Stalin’s brutal Soviet regime I would like to thank Dr. Joan Brennecke dale. I look forward to seeing the continual de- caused widespread famine and mass starva- and Dr. Paul Bohn for organizing the July 7th velopment and prosperity of this city and it is tion, systematically murdering millions of inno- event and for their tireless work in addressing an honor to represent them in the United cent men, women and children. our nation’s energy problems. The conference States Congress. The Holodomor was an intentional act per- will offer Hoosiers the opportunity to hear from In closing, I would like to extend my con- petrated against the Ukrainians as punishment state and national leaders in energy research. gratulations to the city of Riverdale for marking for their resistance to Soviet control. Evidence While prices at the gas pumps may be getting its 100th Anniversary and I wish them a in the form of recently released KGB archival most of the attention now, the energy crisis is healthy and prosperous one hundred more. documents reveal the Soviet government’s about more than just oil. As a nation, with the f ruthless plans. The Commission on the help of our research universities, we need to Ukraine Famine created by the United States continue efforts in examining our entire mix of TRIBUTE TO LISA KOLL Congress in 1985 issued a report 3 years later energy sources and how to go about changing confirming the existence of a deliberate policy that mix over the long term in order to in- HON. TOM LATHAM to starve the Ukrainian people and concluded crease our economic and national security. OF IOWA in 1988 that ‘‘Joseph Stalin and those around The state of Indiana and its industries can IN THE HOUSE OF REPRESENTATIVES him committed genocide against Ukrainians in benefit from this type of research and discus- Tuesday, July 8, 2008 1932–1933.’’ sion, and I believe that Indiana will be at the In sheer numbers, this genocidal tragedy forefront of this nation’s energy revolution. The Mr. LATHAM. Madam Speaker, I rise today ranks among the worst examples of man’s in- sluggish economy and increasing energy costs to honor a great achievement by the Fort humanity towards man, and offers one of his- have left families struggling to make ends Dodge, Iowa native and current member of the tory’s starkest examples of the devastation meet. The work being done by those involved Iowa State University women’s track team, that is wrought by oppressive governments at this event seek to ease their burden and Lisa Koll. Lisa earned a national championship when they use food as a weapon. The create the next generation of energy-related in the NCAA women’s 10,000 meter race. Holodomor was perhaps the greatest national jobs in Indiana. Although Lisa never won a state champion- catastrophe in the history of the Ukraine, and f ship in her career at Fort Dodge High School, its emotional repercussions still affect the as a collegiate sophomore, she won a national Ukrainian people to this day. COMMEMORATING THE 100TH ANNI- title on the same blue track at Drake Univer- By remembering that horrific period, we VERSARY OF THE CITY OF RIV- sity where the Iowa High School State Cham- work towards a day when such atrocities will ERDALE, GEORGIA pionships are held. She is the first Iowa State never again occur in the world. This year, the track athlete to win a national championship 75th anniversary of the famine was com- HON. DAVID SCOTT since 1984 after completing the over six mile memorated in Kiev and indeed throughout the OF GEORGIA race in 32:44.95—short of her own American world. All Americans should join in remem- IN THE HOUSE OF REPRESENTATIVES collegiate record of 32:11.13 set earlier this bering this historical atrocity and resolve to act spring, but good enough for a Drake Stadium Tuesday, July 8, 2008 against future crimes against humanity. The Record and national championship. Walk Against Genocide not only serves to Mr. SCOTT of Georgia. Madam Speaker, I Lisa’s impressive feat demonstrates the re- commemorate the innocent men, women and rise today to offer my congratulations to the ward for hard work, dedication and determina- children of the Ukraine who lost their lives, but City of Riverdale, Georgia for reaching its tion. I am honored to represent Lisa Koll in the also to take a stand against acts of genocide 100th anniversary this July. Home to over United States Congress, and I know that all of that still occur in the world today. The Walk 15,000 people, this great city, on the outskirts my colleagues join me in congratulating her on Against Genocide is thus an uplifting mani- of the bustling city of Atlanta, is known for its her national championship and wish her suc- festation of the enduring resilience of the close knit communities, beautiful landscapes cess in her future running career. human spirit. and abundant resources. With a rich history of f Madam Speaker, I ask that my distinguished vibrant festivals and community building activi- colleagues join me in saluting the participants IN COMMEMORATION OF THE 75TH ties, Riverdale prides itself on promoting the in the Walk Against Genocide and in recog- ANNIVERSARY OF THE UKRAIN- well-being of its residents. This city was for- nizing the Ukrainian Congress Committee of IAN GENOCIDE ON THE OCCASION mally founded in 1908 as a railroad depot. America and the United Ukrainian American OF THE WALK AGAINST GENO- However, its history traces back to before the Organizations of New York on the occasion of CIDE IN NEW YORK CITY Civil War and owes much of its early success the 75th anniversary commemorating the to a generous donation of land by Mr. and Ukrainian genocide. Mrs. W.S. Rivers, who wanted to see the area HON. CAROLYN B. MALONEY f and its businesses thrive and prosper. OF NEW YORK The City of Riverdale will mark the occasion IN THE HOUSE OF REPRESENTATIVES BIRTHDAY WISHES FOR LOUIS E. by holding a Centennial Celebration. This TESSIER, THE SUPERVISOR OF celebration will include a full commemoration Tuesday, July 8, 2008 THE TOWN OF LAKE GEORGE, NY of the centennial year as well as a tribute to Mrs. MALONEY of New York. Madam Riverdale’s rich history. Additionally, the Cen- Speaker, I rise to commemorate the 75th anni- HON. KIRSTEN E. GILLIBRAND tennial Celebration will strive to educate the versary of the genocide perpetrated on the OF NEW YORK public on the history of Riverdale, encourage Ukrainian people by Joseph Stalin’s mur- IN THE HOUSE OF REPRESENTATIVES community involvement and recognize organi- derous Soviet regime. This month, countless zations, businesses, and institutions that have Ukrainian-Americans and persons of goodwill, Tuesday, July 8, 2008 been a part of this city for 100 years. Among including members of the Ukrainian Congress Mrs. GILLIBRAND. Madam Speaker, it is the events planned for this celebration are a Committee of America and the United Ukrain- my honor to rise today on behalf of Louis E. Centennial Parade, concerts and picnics, a ian American Organizations of New York, join Tessier, the Supervisor of the Town of Lake Centennial Gala and a Tree Planting, as well together in a Walk Against Genocide in New George, in recognition of his 80th birthday on as other activities designed to further foster a York City in remembrance of the terrible July 19, 2008. I extend my congratulations on greater sense of involvement among the city’s events in the Ukraine in 1932–33 that took the this special occasion to Lou, his wife Mary, his residents. lives of millions. Participants in the Walk are daughter, Rene, and to his entire family. I would like to recognize Dr. Evelyn Wynn- honoring the Ukrainians who perished in the Mr. Tessier has a distinguished career in Dixon, Mayor of Riverdale, along with City famine by observing a moment of remem- public service. He was elected into and has Council members Rick Scoggins, Wayne brance. held his office since 1984. He served as the Franklin Hall, Wanda Wallace, and Kenneth Three quarters of a century ago, the Ukrain- Warren County Budget Officer from 1992 Ruffin for their hard work and dedication to ian genocide, also referred to as the through 1995 and as the Warren County this community. And congratulations are cer- Holodomor, or ‘‘Death by Starvation,’’ was Chairman of the Board of Supervisors from

VerDate Aug 31 2005 04:42 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K08JY8.008 E08JYPT1 smartinez on PROD1PC64 with REMARKS July 8, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1395 1996 through 2000. He has served on a long Ms. Adriel Espinoza, Mr. Michael Roitman, Mr. thority Board, Tennessee Municipal League list of many of the county’s committees—ev- Andrew Spivak, Mr. Michael Thomas, Ms. Board, Sumner County Resource Agency, erything from Airport to Youth Programs. Dur- Sara Kantor, Mr. Max Berkley, Dr. Stanley U.S. Conference of Mayors, Hendersonville ing his career, he has also been appointed to Ames, Mrs. Georgia Ames, Mr. Allen Anes, and Gallatin Chambers of Commerce, Civitan the following: Mrs. Eileen Anes, Mr. Eli Applebaum, Ms. Club and Rotary Club. Board of Directors of the Warren-Hamilton Vanessa Aragonez, Mr. Jerome Blut, Mrs. Ar- Hank served his state and nation as a first Counties Action Committee for Economic Op- lene Blut, Rabbi Hershel Brooks, Ms. Diane lieutenant in the Tennessee National Guard. portunity, Inc.; Warren County Sewer Commis- Brounstein, Mr. Jonathan Craft, Mr. David Hank will be missed by his wife, Nancy, his sion; County Jury Board Member; Advisory Dahan, Mr. Bob Dubin, Mrs. Shelley Dubin, children Nick, Lance and Amanda and his Council for Warren-Hamilton Counties Office Mr. Peter Dubowsky, Mr. Leslie Dunn, Mrs. many friends in Sumner County and across for the Aging; Warren County Traffic Safety Joan Dunn, Mrs. Liz Goodman, Mr. David Tennessee. Board; Warren County Deferred Compensa- Jacobson, Mrs. Jewell Jacobson, Ms. Eva f tion Program; Warren County Representative Kallick, Ms. Stephanie Lehrner, Dr. Larry M. of the Adirondack Park Centennial Committee; Lehrner, Dr. Marc Leitner, Ms. Terri Greer, TRIBUTE TO GENERAL ROBERT Industrial Development Agency; Warren Coun- Ms. Vivian Perlmutter, Mr. Brett Primack, Mrs. MAGNUS, USMC ty Labor/Management Committee; Inter-Coun- Christina Primack, Mr. Joshua J. Primack, Mr. ty Committee of the Legislative Bodies of the Jordan Primack, Mrs. Deborah Primack, Mrs. HON. IKE SKELTON Adirondack Representatives; Adirondack/ Laurie Robinson, Dr. Joseph Shalev, Mrs. OF MISSOURI Glens Falls Transportation Council; Warren Batsheva Shalev, Ms. Lisa Skurow, Ms. Nicole IN THE HOUSE OF REPRESENTATIVES County Local Development Corporation (LDC); Steiner, Mr. David Stone, Mr. Steven Strasser, Tuesday, July 8, 2008 Warren County LDC—Executive Committee of Mrs. Sharon Strasser, Mr. Stuart Blake Tener, the Board of Directors; Inter-County Solid Mr. Sam Ventura, Mrs. Rachael Ventura, Mr. Mr. SKELTON. Madam Speaker, it has Waste Coordinating Committee; Bi-County Ad Michael Werner, Mrs. Dana Werner, Mrs. Lynn come to my attention that a distinguished mili- Hoc Committee for Burn Plant Negotiations; Wexler, Rabbi Yitzack Wyne, Mr. Benny tary career is coming to an end. General Rob- Negotiating Committee for Burn Plant Acquisi- Yerushalmi, Mr. Elad Yerushalmi, Mr. Jeff ert Magnus, U.S. Marine Corps, is retiring tion; Warren County Criminal Justice Advisory Zucker, Mr. David-Jacques Farahi, Ms. from active duty after serving our nation for 40 Board, Alternatives to Incarceration Service Parinaz Farahi, Mr. Hy Kashenberg, Ms. Bren- years. Plans; Sub-committee on Revenue Enhance- da L. Nelson, Ms. Tali Farahi, and Mr. General Magnus enlisted in the Navy in ment; Airport Consultant Selection Board; Faramarz Yousefzadeh. February 1968. He graduated from the Univer- Lake Champlain—Lake George Regional Madam Speaker, I am honored to recog- sity of Virginia in 1969 with a bachelor of arts Planning Board; Bi-County Ad Hoc Committee nizes the Nevada AIPAC delegation. These in- degree in history and received a masters of for Hartford Landfill Negotiations. dividuals have dedicated themselves to a very science in business administration from Stray- Please join me, the Town of Lake George, worthy cause, and I applaud their efforts and er College in 1993. He received a commission the people of Warren County and New York’s wish them the best in their future endeavors. in June 1969 and completed the following mili- 20th Congressional District in wishing Super- tary training schools: Naval Aviation flight f visor Lou Tessier a very happy 80th Birthday. training, nuclear safety officers course, sur- f HONORING HANK THOMPSON’S vival evasion resistance and escape course, SERVICE TO SUMNER COUNTY weapons and tactics instructors course, avia- PAYING TRIBUTE TO NEVADA tion safety command course, Marine Corps AIPAC DELEGATION HON. BART GORDON Command and Staff College, National War College, CAPSTONE Course, Joint Force Air HON. JON C. PORTER OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES Component Commanders Course, Executive OF NEVADA Business Course. IN THE HOUSE OF REPRESENTATIVES Tuesday, July 8, 2008 During his 40 years of service, General Tuesday, July 8, 2008 Mr. GORDON of Tennessee. Madam Magnus has served during several operation Mr. PORTER. Madam Speaker, it is my dis- Speaker, I rise today to honor my friend, Hank tours and held many squadron assignments. tinct pleasure to rise today to honor the Ne- Thompson, who passed away July 6. These include intelligence officer, HMM–264; vada delegation from the American Israel Pub- As a County Commissioner, Mayor of Hen- operations officer, H&MS–15 SAR Detach- lic Affairs Committee. I am delighted to have dersonville and Sumner County Executive, ment, Task Force Delta, Nam Phong, Thai- my colleagues in the Nevada Congressional Hank served the people of Sumner County for land; training officer, Station Operations and Delegations, Representatives SHELLY BERKLEY more than 25 years. Engineering Squadron, MCAS Quantico; avia- and DEAN HELLER, join me in recognizing the Hank always sought what was best for the tion safety officer, MAG–26 and HMM–263; advocacy efforts of the AIPAC delegation. people he represented. He was a very for- weapons and tactics instructor, MAG–26 and The Nevada delegation from the American ward-thinking public servant and a good friend HMM–261; operations officer, MAG–29; exec- Israel Public Affairs Committee (AIPAC) re- and adviser to me. I worked with him for many utive officer, HMM–365, MAG–29; com- cently visited Washington, DC to advocate on years and always admired his passion and manding officer HMM–365, MAG–29; com- behalf of Israel and ensure that American sup- love for his community. mander, Marine Corps Air Bases Western port for Israel remains strong. AIPAC is work- Following the devastating Gallatin tornado in Area; and deputy commander, Marine Forces ing to promote strategic cooperation between 2006, Hank was the first person to contact me Pacific. the two nations, to develop sound U.S. anti- to get federal assistance for storm victims. He General Magnus also has served in several terrorist policies, to share homeland security also led the local assistance effort, helping staff assignments, including aviation assault techniques and technologies, and to stop people put their lives back together and re- medium lift requirements officer; chief, Logis- rogue nations such as Iran from acquiring build their communities. tics Readiness Center, joint staff; executive weapons of mass destruction. He was a tireless advocate for the people of assistant to the director of the Joint Staff; Following several days of meetings and Sumner County and his contributions to the head, Aviation Plans and Programs Branch; speakers, the Nevada delegation visited with families there are countless. Whether it was Assistant Deputy Chief of Staff for Aviation; their Congressional Representatives to advo- building bridges, expanding highways, creating Assistant Deputy Commandant for Plans, Poli- cate on behalf of these ideals and share their greenways or building new baseball and soc- cies, and Operations; and Deputy Com- views with the Nevada Congressional delega- cer fields, Hank was always Sumner County’s mandant for Programs and Resources. tion. It is truly an honor to meet with such number one advocate. I spent many hours in General Magnus’s decorations and awards dedicated advocates. AIPAC has a strong his car, driving from community to community include: Distinguished Service Medal, Defense record of creating citizen advocates who are while he showed me projects he envisioned Superior Service Medal, Legion of Merit passionate about pro-Israel issues and are for the area. Medal, and the Navy Achievement Medal. dedicated to learning how they can affect He served on the boards of numerous orga- General Magnus is concluding his career Israel’s future and security by promoting nizations, including Children Are People, Inc.; having served as the Assistant Commandant strong ties with the United States. the Jason Foundation and Youth Inc. Hank of the Marine Corps. In this capacity, he has This years Nevada AIPAC delegation in- was a member of the Homeland Security Re- been the principal adviser to the Commandant cluded: Ms. Ariel Shalin, Miss Heather Brown, gion Executive Board, Regional Transit Au- of the Marine Corps on all decisions affecting

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MARSHA BLACKBURN consistent with Republican transparency commend and recognize the extraordinary standards, the following is a disclosure for OF TENNESSEE contributions of emergency management, dis- each of my requested projects in the Duncan aster response, and recovery personnel as IN THE HOUSE OF REPRESENTATIVES Hunter National Defense Authorization Act of well as elected officials and community lead- Tuesday, July 8, 2008 Fiscal Year 2009, H.R. 5658: ers in my district which was devastated by the recent severe weather in Indiana. Requesting Member: Rep. JAMES T. WALSH. Mrs. BLACKBURN. Madam Speaker, as I I wish particularly to honor the Board of come to the floor today to speak, friends and Bill Number: H.R. 5658. Commissioners, County Council, and all the colleagues of Anne Ragsdale are gathering in Account: Research, Development, Test and other outstanding individuals in Adams County Nashville to celebrate her life and her many Evaluation, Army Account. who rose to the occasion during these difficult contributions to her city and to her country. times. This area suffered greatly from severe Anne Ragsdale was an extraordinary woman Legal Name of Requesting Entity: Syracuse storms and weather, creating a catastrophe of who chose to spend her life encouraging oth- Research Corporation. nature that inflicted injuries, destroyed prop- ers and inspiring those of us who knew her to Address of Requesting Entity: 6225 Running erty, and displaced many of our citizens. In re- give selflessly of our time and talents. Anne Ridge Rd., Syracuse, NY 13212. sponse, these officials went above and be- Ragsdale believed in this great nation and its yond the call of duty, showing great poise goodness and felt that every child who called Description of Request: Include $4 million in while saving many lives and serving the peo- America home should be able to dream big H.R. 5658—Army Account RDT&E—Advanced ple of their communities. dreams and have those dreams come true. Tactical Computer Science and Sensor Tech- Madam Speaker, I commend these fine men She embodied the spirit of philanthropy, never nology—to assist transition of the Foliage Pen- and women for their tremendous dedication to giving for any reason other than knowing that etrating, Reconnaissance, Surveillance, Track- the Hoosier families, businesses, farmers and her gifts would make a positive difference in ing, and Engagement Radar (FORESTER) communities that they serve. As Hoosiers con- the lives of others. She did not focus on her- prototype to an operational configuration add- tinue to recover from Mother Nature’s fury, I self. She focused on the people around her: ing User specific capabilities. feel confident that the people of Adams Coun- her family, her friends, her charitable causes, ty will be well served by these officials. and her church. As a matter of fact, if she The FORESTER Program is on-going with f were standing here on this floor with me radar integration and testing continuing today, she would probably tell me to use the through the remainder of FY08 on the A160 TRIBUTE TO SFC GREG HUBBY time focusing on a cause for human good and Hummingbird. The Program objectives are not to use the time talking about her. Those of being met, namely to detect and track moving HON. TOM LATHAM us who called her our friend loved this trait in dismounted soldiers and vehicles under foli- OF IOWA Anne. age to a range of at least 30 km, and to detect IN THE HOUSE OF REPRESENTATIVES Anne held a deep and abiding faith and was and track people and vehicles in the open or Tuesday, July 8, 2008 an active member of First Southern Methodist through foliage to a range of at least 50 km. Mr. LATHAM. Madam Speaker, I rise today Church of Nashville and was a member of St. FORESTER can also detect and track moving Paul Southern Methodist Church for 25 years. to recognize SFC Greg Hubby, a native of low-altitude air vehicles such as helicopters, In the community, her true passion involved Boone, Iowa, as a recipient of a Bronze Star helping children in need and providing them small Unmanned Aerial Vehicles, and aircraft Medal for heroic achievement during combat with education in a safe and loving environ- to a range of 75 km. Additionally, FORESTER operations in support of Operation Iraqi Free- ment. She and her husband, Dick, have been has a real-time radar mode to image targets dom. The Bronze Star is the fourth highest wonderful supporters of scholarships and edu- concealed in the foliage. The FY09 request award that the Department of Defense gives cational opportunities for children at schools will provide funding necessary to transition for bravery, heroism, and meritorious service. throughout Tennessee. FORESTER to the User community and apply SFC Hubby earned the Bronze Star while he was a retention NCO with the 3rd Infantry She was a small businesswoman, home- the technology to additional platforms. Battalion, stationed in Mosul. During one of his maker, and activist for many charitable Currently, U.S. Forces have no radar capa- helicopter trips to another outpost, their heli- causes. She was also co-founder and board bility to detect and track activity under foliage. copter came under fire. member of Birthright of Nashville, YMCA Com- FORESTER is an airborne sensor system that SFC Hubby’s bravery goes above and be- munity Action Programs and East Academy. provides standoff and persistent wide-area yond what we are asked of as citizens of this She served on the board of directors of the surveillance of dismounted troops and vehicles country. Although recruiters are typically non- Salvation Army, Nashville for 15 years and moving through foliage. Designed and devel- deployable, SPC Hubby reached out to share also on the board of Alive Hospice. She was in the sacrifices of our other brave men and a founding member of the Nashville Sym- oped to fly on the A160 Hummingbird un- women who have served in Iraq and Afghani- phony’s Schermerhorn Symphony Center. She manned helicopter, FORESTER is one-of-a- stan by volunteering his service at a time of especially enjoyed serving as the costume de- kind technology providing the warfighter with need. His heroism illustrates the compassion signer for the Nashville Children’s Theatre. all-weather, day-night target detection and tracking capability in real-time. This request of Iowans; willing to risk their own lives for Anne Ragsdale will be missed. Her partici- their country. For this I offer him my utmost would leverage the existing technology to ac- pation and support will be missed by the congratulations and thanks for his service and commodate other platforms and border sur- schools, churches and organizations to which sacrifice for this great nation. she provided leadership and support. She will veillance applications. Specifically, transition I commend SFC Greg Hubby’s courageous- be missed by her friends who leaned on her the FORESTER prototype to an operational ness and service, and I am honored to rep- for support and comfort. She will be missed by configuration adding User specific capabilities, resent him in the United States Congress. I the family she adored and cherished. including: performance improvements, platform know my colleagues join me in recognizing his Madam Speaker, I ask my colleagues to join integration, flight test execution, and dem- service and wishing him and his family the me in appreciation of a life well lived. onstration of the system on new platforms. very best in their future endeavors.

VerDate Aug 31 2005 04:42 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A08JY8.001 E08JYPT1 smartinez on PROD1PC64 with REMARKS July 8, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1397 IN RECOGNITION OF THE FORT TI- Fort Ticonderoga retained its strategic sig- lic Community in Boulder City, Nevada to build CONDEROGA ASSOCIATION ON nificance during the American Revolution. On an entirely new complex of church offices, par- THE OCCASION OF THE GRAND May 10, 1775, American soldiers won their ish halls, multi-purpose classrooms, and a OPENING OF THE DEBORAH first victory in the Revolution when they cap- pastor’s residence. The entire parish center CLARKE MARS EDUCATION CEN- tured Fort Ticonderoga in a surprise attack at was built and dedicated in 1981. TER dawn. The cannons from Ticonderoga were Madam Speaker, I am proud to honor Fa- then hauled all the way across the Common- ther Joe for his thirty years of service. Words HON. CAROLYN B. MALONEY wealth of Massachusetts by troops led by cannot express how much Father Joe has OF NEW YORK Henry Knox, and used to successfully pros- done for the people and the city of Boulder IN THE HOUSE OF REPRESENTATIVES ecute the Siege of Boston, driving the Red- City. His quest to touch the lives of and help as many people as possible, his devotion to Tuesday, July 8, 2008 coats away from the Massachusetts Bay. Today, the Fort Ticonderoga Association his work, and his zeal to better the community Mrs. MALONEY of New York. Madam strives to engage, educate, and entertain visi- are truly commendable and I applaud all his Speaker, I rise today along with my colleague, tors by sharing the authentic stories of diverse efforts. the Honorable KIRSTEN GILLIBRAND to pay trib- cultures that met at the Ticonderoga peninsula f ute to the Fort Ticonderoga Association, the in war and peace over the last 250 years. Its FAIRFAX COUNTY PLANNING COM- non-profit organization chartered by the State members achieve this goal through accurate University of New York Regents to administer MISSION MARKS ITS 70TH ANNI- historical interpretations, high standards of the great National Historic Landmark at Fort VERSARY preservation, and able management of the Ticonderoga. This July, the Association will Fort’s world-class collections of scholarly open the Deborah Clarke Mars Education works, through innovative educational offer- HON. TOM DAVIS Center, which will house an authentic re-cre- OF VIRGINIA ings, and with operational excellence. ation of the magasin du Roi, or ‘‘King’s Ware- IN THE HOUSE OF REPRESENTATIVES Under the diligent care of the Association, house’’, that stood on the Fort’s parade Tuesday, July 8, 2008 ground from 1756 to 1759, as well as facilities Fort Ticonderoga has earned numerous for educational programs, lectures, and awards, including the Upstate History Alliance Mr. DAVIS of Virginia. Madam Speaker, I symposia. This month, the Fort Ticonderoga Award of Excellence, the Adirondack Architec- rise today to commemorate the 70th anniver- Association also observed the 250th anniver- tural Heritage Award of Excellence for the sary of the Fairfax County Planning Commis- sary of one of the bloodiest conflicts of the Kings’ Garden Restoration, and the Preserva- sion. French and Indian War, the Battle of Carillon, tion League of New York State Award of Ex- The Fairfax County Planning Commission’s by staging a two-day re-enactment of the con- cellence. Fort Ticonderoga also received a goal has been to advise the Board of Super- flict. State and Local History Certificate of Com- visors on all matters related to the orderly The Fort Ticonderoga Association was orga- mendation from the American Association for growth and development of Fairfax County. nized in 1931. It has carried on the steward- ‘‘America’s First Victory.’’ Clearly, its role in This includes the preparation of a comprehen- ship of the historic site by the Pell family, American history left an important legacy for sive plan for the physical development of the whose members have maintained the Fort Fort Ticonderoga that resonates even today. county in addition to amending zoning and since the early 19th century. William Ferris Madam Speaker, I ask that my distinguished subdivision ordinances. The Commission pro- Pell, a noted businessman and preservationist, colleagues join me in recognizing the enor- vides citizens with an opportunity to voice their originally purchased Fort Ticonderoga and the mous contributions to the preservation and support for or opinion on developments in and surrounding lands to prevent the stripping of stewardship of American history performed by around their community. precious materials from the legendary stone the Fort Ticonderoga Association. The Fairfax County Planning Commission forts that rest on the site. He established his f was founded on Wednesday, July 6, 1938. summer home-turned-hotel, the Pavillion, on Throughout the past 70 years, the Fairfax PAYING TRIBUTE TO FATHER the beautiful grounds, offering affordable ac- County Board of Supervisors has appointed a JOSEPH P. ANNESE commodations to travelers visiting the historic total of 121 citizens to serve as commis- ruins for nearly six decades. Stephen Pell, his sioners. The Planning Commission consists of great-grandson, began restoration of the Fort HON. JON C. PORTER two standing committees, the Personnel and and the Pavillion in 1908; subsequently, the OF NEVADA Budget Committee and Policy and Procedure site became a popular tourist destination and IN THE HOUSE OF REPRESENTATIVES Committee. Additionally, there are seven sub- was added to the National Register of Historic Tuesday, July 8, 2008 committees honing their focus towards capital Places. improvement, the environment, parks, redevel- Fort Ticonderoga and the surrounding Mr. PORTER. Madam Speaker, it is my dis- opment and housing, land use process review, grounds have a rich history. Its site was origi- tinct pleasure to rise today to honor my friend school facilities, transportation, and Fort nally chosen for its strategic location on the Ti- Father Joseph P. Annese by entering his Belvoir. The Planning Commission and staff conderoga peninsula on the shore of Lake name in the CONGRESSIONAL RECORD, the offi- have held thousands of public hearings, hun- Champlain that protected the portage to near- cial record of the proceedings and debates of dreds of committee meetings, and have for- by Lake George. At the time, it was the the United States Congress since 1873. Today warded thousands of recommendations to pro- French Empire’s southernmost fort in the New I pay tribute to Father Joseph P. Annese for mote orderly, balanced and equitable growth. World and a sensitive and strategic military in- his years of dedicated service to the Boulder Fairfax County is a thriving, urban county stallation coveted by the world’s two largest City community. with a population that exceeds that of seven empires, the British and the French. This July Father Joe has dedicated himself to the St. States. The median household income is one will mark the 250th anniversary of the Battle of Andrew Catholic Community for thirty years. of the highest in the Nation. Over half of the Carillon, a major battle in the French and In- His passion for helping the community and his adult population has at least a bachelor’s de- dian War in which outnumbered French troops dedication to his calling has made Father Joe gree. His also home to George Mason Univer- led by Louis-Joseph le Marquis de Montcalm an essential part of the community. sity. With an enrollment of over 30,000 stu- successfully and valiantly defeated a British Father Joe started his seminary years in the dents, GMU is a leader in science, technology attacking force. On July 8, 1758, British Gen- Divine World Seminary and was ordained in and a variety of other fields. These are all eral James Abercromby led a British and colo- 1962. He then taught high school seminary in signs of the county’s strength. This strength nial army of 16,000 men against a small Erie, Pa., then in Bordertown, New Jersey, has been nurtured and spurred along by the French force of 3,200 entrenched at Fort Car- and finally in Verbum Dei High School in Planning Commission’s foresight and vision. illon (the original name of Fort Ticonderoga). Watts, California. Before coming to Boulder Their work is not done, however; they have Despite being outnumbered by more than 4 to City, Father Joe joined the Diocese of Reno/ set an ambitious 2009 agenda. This year they 1, the French forces prevailed and forced the Las Vegas in 1971. He then became an asso- will address green building, recycling and British to retreat. In honor of their victory, the ciate pastor at St. James Parish in Las Vegas issues related to Fort Belvoir in addition to French erected a cross on the battle site, of in 1971, where he served for one year, and their regular duties. The actions this group which a reproduction still stands at the was named an associate pastor at St. Chris- takes today will continue to shape and direct ‘‘French Lines’’ even today. A year later, Brit- topher’s Parish in North Las Vegas for five this county in the years to come. ish forces under Lord Jefferey Amherst suc- years. In 1978, Bishop McFarland assigned Madam Speaker, in closing, I would like to cessfully conquered the Fort. Father Joe as Pastor of the St. Andrew Catho- thank and send appreciation to the Fairfax

VerDate Aug 31 2005 04:42 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K08JY8.013 E08JYPT1 smartinez on PROD1PC64 with REMARKS E1398 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2008 County Planning Commission and their staff ing the borough in ways great and small. The patriation of over 150 Cuban migrants attempt- for their hard work and dedication to Fairfax Eagles have made Somerset an immeasurably ing to illegally enter the United States. Under County. Their untiring, dynamic efforts have enhanced place to live, work, and raise fami- Lieutenant Pate’s command, Marlin safely made Fairfax County a wonderful place to live lies. evaded six major Hurricanes and conducted a and raise a family. I call upon my colleagues The Somerset Fraternal Order of Eagles total of 21 Search and Rescue cases saving to join me in commending and congratulating has provided a trustworthy atmosphere which the lives of 50 people. the Fairfax County Planning Commission on has worked to help a multitude of men, Two years ago, Lieutenant Pate reported to 70 years of excellence. women, and children throughout its history. I the Hill as an Assistant House Liaison Officer f would like to congratulate the members and for the Coast Guard. Since arriving in 2006, leadership of Aerie #1801 and Eagles who Lieutenant Pate has worked tirelessly to pro- PERSONAL EXPLANATION have assembled from across the country to be vide Members of Congress and their staff with in Somerset on this occasion. I look forward to timely, accurate, and detailed information HON. TIM MURPHY celebrating the one hundredth anniversary of needed to fulfill their duties. Through his care- OF PENNSYLVANIA such a wonderful organization, as it has ful planning and execution of dozens of Con- IN THE HOUSE OF REPRESENTATIVES brought a greater appreciation to our area and gressional Delegation trips and hundreds of has surely been an asset to the community. briefings, Lieutenant Pate clearly articulated Tuesday, July 8, 2008 f Coast Guard views in support of needed au- Mr. TIM MURPHY of Pennsylvania. Madam thorities and appropriations, working construc- Speaker, on rollcall no. 470, H. Res. 1098, COMMENDING LIEUTENANT AN- tively with the Congress to ensure careful Supporting the goals and ideals of the Year of DREW PATE FOR HIS SERVICE stewardship of resources. the American Veteran, had I been present, I TO THE U.S. HOUSE OF REP- On July 14, 2008, Lieutenant Pate will leave would have voted ‘‘yes.’’ RESENTATIVES AND THE his post in the House Liaison Office and report f UNITED STATES COAST GUARD to the Office of Senator ROGER WICKER (MS) for a one-year assignment as a Military Fel- HONORING THE FRATERNAL HON. HAROLD ROGERS low. ORDER OF EAGLES AERIE #1801 OF KENTUCKY I am proud to know and pay tribute to him in the United States Congress. On behalf of HON. BILL SHUSTER IN THE HOUSE OF REPRESENTATIVES Tuesday, July 8, 2008 the Representatives and staff who have been OF PENNSYLVANIA fortunate enough to know and work with An- IN THE HOUSE OF REPRESENTATIVES Mr. ROGERS of Kentucky. Madam Speaker, drew, I wish him, his wife Kristen, and their I rise today to honor Lieutenant Andrew Pate Tuesday, July 8, 2008 son Aidan, clear skies and following seas. for his service to the U.S. House of Rep- f Mr. SHUSTER. Madam Speaker, it is with resentatives and the United States Coast great pleasure that I offer my congratulations Guard. NISEI BASEBALL to the members and leadership of the Fra- As some of you may know, Lieutenant Pate ternal Order of Eagles Aerie #1801 in Som- was detailed to the Coast Guard’s House Liai- HON. DORIS O. MATSUI erset, Pennsylvania, who will celebrate their son office in July of 2006, and I am proud to OF CALIFORNIA 100th anniversary on July 30, 2008. have had the opportunity to work closely with IN THE HOUSE OF REPRESENTATIVES Originally founded in 1898 by a group of him over the past two years. My colleagues, theatre owners, the Fraternal Order of Eagles staff, and I have valued his knowledge and Tuesday, July 8, 2008 was created to act as a social haven for the understanding of the Coast Guard’s oper- Ms. MATSUI. Madam Speaker, I rise today like-minded. As the Fraternal Order of Eagles ational missions, day-to-day challenges, and in tribute of Nisei Pioneer Day and the past spread throughout the United States, they roles and responsibilities. generations of Japanese American baseball sought, as they continue to do so today, to es- Lieutenant Andrew Leigh Pate is a native of players, coaches, and teams. For over a cen- tablish a fraternal system to encourage and Wesley Chapel, Florida. In the summer of tury, Japanese American baseball has been a provide assistance to members and their fami- 1998 he enrolled at the United States Coast strong bond that brought communities and cul- lies through a system of mutual insurance Guard Academy, with summer duty assign- tures together while also teaching good which provided death benefits. In 1908, the ments onboard Coast Guard cutters North- sportsmanship. As the Japanese American citizens of Somerset organized the Fraternal land, Eagle and Drummond. First elected as community and baseball fans gather to cele- Order of Eagles Aerie #1801. Over the past Treasurer of his Academy Class in 1998, Lieu- brate the Nisei Pioneer Day Program in Sac- one hundred years Aerie #1801 has focused tenant Pate has served continuously as Presi- ramento, I ask that all my colleagues join me on achieving their original objective, to ‘‘make dent of his Academy Class since the spring of in honoring Nisei baseball. human life more desirable by lessening its ills 2000. Baseball has been an important sport in the and promoting peace, prosperity, gladness, In May of 2002, Lieutenant Pate graduated Japanese community since it was first intro- and hope.’’ They have truly succeeded in their from the Academy with a Bachelor’s degree in duced in Japan in 1872 by American school quest. Government. His first assignment was on- teacher Horace Wilson. By the turn of the cen- Throughout its history, the Fraternal Order board the High Endurance Cutter USCGC tury baseball had become the Nation’s most of Eagles has sought to leave a truly memo- Gallatin (WHEC 721) home ported in Charles- popular sport and in 1905 Japan’s national rable past on the pages of history. Not only ton, South Carolina. While onboard Gallatin, champion Waseda University team toured the does the Eagles’ historical participation consist Lieutenant Pate served in a variety of posi- United States competing against various of seven U.S. presidents, including Theodore tions including Assistant Operations Officer, American colleges. Unfortunately, during this Roosevelt, Franklin Roosevelt, Jimmy Carter Combat Information Center Officer, and Mari- same time, anti-Japanese movements were on and Ronald Reagan, but they have also been time Law Enforcement Boarding Officer. His the rise in the United States. During this dif- incredibly charitable. Across the United States tour highlights include the interdiction and re- ficult time, Nisei baseball was able to bring the Eagles donate more than $100 million patriation of over 570 Haitian migrants during Japanese Americans into the Nation’s main- every year to charities. Members of Aerie Operations Able Manner and Able Sentry. stream. #1801 lift up their community as well as sur- In June of 2004, Lieutenant Pate transferred The 1920s and 1930s are often referred to rounding communities by raising funds for a to Fort Myers Beach, Florida as the fourth as the ‘‘Golden Age’’ of Japanese American multitude of local and national charities. These Commanding Officer of the 87-foot Coastal baseball. During this time many Japanese charities include the Golden Eagles Fund, Patrol Boat USCGC Marlin (WPB 87304). American communities across the West Coast Robert Hansen Diabetes Fund, and the Jimmy From June 2004 to July 2006, Marlin success- were organizing teams and leagues. This Durante Children’s Fund. Through actively fully conducted over 250 law enforcement brought the Japanese American community to- pursuing lifting up those around them, the Ea- boardings in an operational area covering gether in the wake of increasing anti-Japanese gles Aerie #1801 has truly been an integral more than 108,000 square miles. These ef- legislation. While laws such as the Immigration part of Somerset, Pennsylvania. The leader- forts resulted in the apprehension of 10 want- Act of 1924 were effectively ending Japanese ship and members of Aerie #1801 have con- ed fugitives, the voyage termination of 18 immigration into the United States, baseball tinuously provided Somerset with examples of commercial fishing vessels for hazardous was providing a valuable bridge between the civic leadership, charitable giving, and improv- safety conditions and the interdiction and re- East and West Coast cultures for Issei and

VerDate Aug 31 2005 04:42 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.004 E08JYPT1 smartinez on PROD1PC64 with REMARKS July 8, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1399 Nisei here in the United States. It continued to initiatives that will continue to improve care for Louis; the 1138th Engineer Company (Sapper) play an important role in defining and devel- patients whose lives depend on dialysis and in Farmington; and the 70th Troop Command oping a cultural identity throughout the 1930s. other kidney replacement treatments. from Jefferson Barracks. After the bombing of Pearl Harbor and Professionally, Sandra graduated with a I know the Members of the House will join President Roosevelt’s Executive Order initi- Bachelor of Arts and a Master of Arts in Nurs- me in recognizing the outstanding dedication ating the removal and incarceration of Japa- ing from the College of Scholastica in Duluth, of the Missouri National Guard, and in wishing nese Americans, the tradition of baseball reso- Minnesota. She became a Registered Nurse them luck throughout this emergency oper- nated within these communities. Daily baseball in 1977 and a Certified Nephrology Nurse in ation. games not only served as a distraction from 1992. Sandra currently is the lead Clinical f the monotony of the internment camps, but it Informatics Analyst and Application Coordi- also provided them with a sense of normalcy nator at the SMDC Health System in Duluth INTRODUCTION OF THE NATIONAL and community. Today we celebrate the his- Minnesota. Sandra has also worked at the Mil- GUARD TECHNICIAN RECRUIT- torical impact Nisei baseball has had not only ler-Dawn Medical Center and St. Mary’s Hos- MENT AND RETENTION ACT on the Japanese American community in the pital, both in Duluth. United States, but across our Nation as a I honor her efforts to promote the care of HON. JOE COURTNEY whole. It provided a sense of community dur- those suffering from kidney disease. I recog- OF CONNECTICUT ing one of the darkest periods of our Nation’s nize her achievements as a nurse, patient ad- IN THE HOUSE OF REPRESENTATIVES history. vocate, and healthcare leader. I commend Tuesday, July 8, 2008 In recent years Japanese ballplayers have Sandra on her service to the American Ne- helped transform the game of baseball at the phrology Nurses’ Association and our country. Mr. COURTNEY. Madam Speaker, I am highest levels. Japanese players competing at Please join me in commending Sandra M. proud to introduce legislation today that will re- the major league level, such as Ichiro Suzuki, Bodin for her years of vision, leadership, and store fairness for our military technicians, who Hideki Matsui and Hideo Nomo, have been in- commitment. work every day in Connecticut and across the strumental in attracting new fans to the sport. f Nation to support our National Guard. The success of these major leaguers and the If the National Guard serves as the back- strides made by past Nisei and Issei ball- TRIBUTE TO THE MISSOURI bone of our military, then our military techni- players have led to a rich and rooted history NATIONAL GUARD cians serve as the backbone of our National that can be celebrated for generations to Guard. They play a critical role in ensuring come. HON. IKE SKELTON that our National Guard is ready to respond I am honored to pay tribute to a century of OF MISSOURI and deploy in support of military operations Japanese American baseball and the enduring IN THE HOUSE OF REPRESENTATIVES abroad by supporting the training, equipment repair and restoration, logistics and other crit- effect it has had on the Japanese American Tuesday, July 8, 2008 community. On behalf of the people of Sac- ical functions. ramento and the Fifth Congressional District of Mr. SKELTON. Madam Speaker, let me Military technicians are known as ‘‘dual-sta- California, I ask all my colleagues to join me take this means to recognize the brave men tus’’ employees, through which they must rein commemorating the past and present Japa- and women of the Missouri National Guard, tain membership in the Air or Army National nese American baseball pioneers and their for their commitment to providing flood relief. Guard in their State in order to maintain full- lasting legacy on our country. The Missouri National Guard Citizen-Sol- time employment as a technician. Dual-status diers and Airmen have been mobilized by Mis- military technicians are subject to the restric- f souri government leaders to assist in the Mis- tions of the Technician Act of 1969, 32 USC HONORING SANDRA M. BODIN souri emergency flood response. The mem- 709, and other provisions of the law under bers have been mobilized in the communities which they are specifically prohibited from re- HON. LOIS CAPPS of Clarksville, Hannibal, Canton, West Quincy, ceiving certain benefits and rights available to OF CALIFORNIA LaGrange, Winfield, Alexandria, St. Charles them as members of the National Guard, such IN THE HOUSE OF REPRESENTATIVES City, and St. Charles County. Those sup- as reenlistment bonuses and student loan reporting the flood response are assisting in payment assistance. In addition, if a member Tuesday, July 8, 2008 missions that include sandbagging operations, of the National Guard becomes a technician Mrs. CAPPS. Madam Speaker, today I rise levee monitoring, and manning traffic control within 6 months of receiving an enlistment or to honor Sandra M. Bodin, who just completed points. Since the mobilization of forces, more reenlistment bonus, the Department of De- her services as President of the American Ne- than 1,000 Guard members have responded fense can, and often does, require them to phrology Nurses’ Association, ANNA, for her to the call to duty. With force rotations, there pay back those bonuses. dedication and contributions to nephrology are currently around 700 members on active The law also fails to fairly compensate tech- nursing and kidney patients across the coun- duty. nicians for the increased overtime hours that try. Personnel have come from across the state technicians must work to fulfill their mission by ANNA is one of the largest and most pres- to aid Missouri towns during this emergency. providing technicians compensatory time, rath- tigious nursing associations in America. The These units include the 7th Civil Support er than monetary compensation, in return for organization is the recognized leader in ne- Team from Fort Leonard Wood; the 135th Mili- overtime work. Many technicians cannot use phrology nursing practice, education, research, tary History Detachment from Jefferson City; the compensatory time without impacting time- and advocacy. ANNA’s members are reg- the 835th Combat Support Sustainment Bat- sensitive military work schedules and, with the istered nurses and health care professionals talion from Jefferson City; 735th Quarter- military’s current ‘‘use it or lose it’’ policy under at all levels of practice. They care for patients master Company with detachments in DeSoto, which such time is lost if unused within 21 pay of all ages who are experiencing, or are at risk Jefferson City, Rolla, Cape Girardeau and Jef- cycles, many technicians face the prospect of for, kidney disease. The organization’s mission ferson Barracks; the 1138th Transportation losing the time off they have earned. is to advance nephrology nursing practice and Company from Jefferson Barracks; the 1035th Last summer, I had the chance to visit the positively influence outcomes for patients with Maintenance Company from Jefferson Bar- 1109th Aviation Classification and Repair kidney or other disease processes requiring racks; 3175th Chemical Company from St. Pe- Depot, AVCRAD, in Groton and see first hand replacement therapies through advocacy, ters; the 1438th Engineer Company from the work they were doing to support of our scholarship, and excellence. Macon and Kirksville; the 220th Engineer National Guard. There, nearly 300 military As an active member of ANNA, Sandra has Company from Festus; the 880th Haul Team technicians provide maintenance and logistics served as President, Vice President, and as a from Perryville; the 1137th Military Police for aircraft and equipment for 14 States across member of the Board of Directors. Also, she Company from Kennett, Jackson and the northeast and supports Connecticut’s fleet received the Ron Brady Memorial Award for Doniphan; the 1138th Military Police Company of Black Hawk helicopters. During my visit, the Excellence in Volunteer Leadership from from West Plains and Springfield; the 1175th leadership of the unit described how busy the ANNA in 2002. Military Police Company from St. Clair and St. facility has been over the past several years. As ANNA’s president Sandra has inspired Louis; 1140th Engineer Battalion from Cape They’ve literally been burning the midnight oil nephrology nurses to reach the highest levels Girardeau; the 205th Military Police Battalion in trying to keep up with the demand of keep- of practice and patient care. She is a visionary from Poplar Bluff; the 203rd Engineer Battalion ing equipment repaired and ready to deploy. leader who has implemented a broad range of from Joplin; the 131st Fighter Wing from St. It’s an incredible operation, and one that is

VerDate Aug 31 2005 04:42 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.008 E08JYPT1 smartinez on PROD1PC64 with REMARKS E1400 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2008 just so important to our military serving in will be the 19th time a member of the Rayle itage that thousands of Greater New Haven harm’s way. family will race in Akron. Courtney joins Jimmy residents share. Each year, the Society of St. Just recently, about 150 members of the Rayle Sr., Billy Rayle, Jimmy Rayle Jr., and Trofimena keeps our community spirit alive AVCRAD—many of them military techni- Jeff Rayle in a long tradition of excellence in honoring St. Trofimena on her feast day of cians—deployed just last week in support of this sport. As Courtney now looks to compete July 13 and at a mass in memory of her de- Operation Iraqi Freedom. Yet, as these techni- for the national soap box title, I, along with the ceased members in November. It is through cians deploy abroad side by side with their fel- people of Maryland, wish her the best of luck. efforts such as these that we renew our his- low guardsmen, they are not treated equally The origin of soap box derby racing dates tory and help pass it along. because of their full time employment as a back to 1934 when a photographer for the Forged through the bonds of family, the military technician. At a time when we rely on Dayton Daily News in Ohio, Myron E. Scott, members of the Society of St. Trofimena con- military technicians more than ever to ensure saw boys racing engineless cars down a hill, tinue to be active in the community—enriching that our Armed Forces are ready to serve, I inspiring him to organize a race and award the our neighborhood and ensuring that our rich strongly believe that we must do more to sup- winner with a ‘‘loving cup.’’ The venue was history is not forgotten by new generations. port, recruit and retain both our skilled military later moved to Akron—the site of today’s na- The original mission of the society is still ap- technicians and dedicated members of the Na- tional derby championship—on account of the parent today as we gather to celebrate their tional Guard. We must update outdated 30- numerous hills. With the hard work of count- centennial anniversary. It is with great pride year-old laws to ensure that they adequately less civic organizations, a permanent track site that I stand today to extend my deepest reflect the challenges and needs of today’s for the youth racing classic was created in thanks and warmest congratulations to the military technician. Akron with the assistance of the Works members of the Society of St. Trofimena on The bill I am introducing today, the National Progress Administration (WPA). their 100th anniversary. Guard Technician Recruitment and Retention The All-American Soap Box Derby is the Act, would restore fairness for our National second-oldest racing event in the Nation—sec- f Guard technicians. The bill ensures that no ond only to the Indianapolis 500. This event PAYING TRIBUTE TO ROBERT military technician is denied the opportunity to has been called the greatest amateur racing JAMES GARLOW receive an enlistment or reenlistment bonus competition in the world, and it is an excellent for their service in the National Guard, that opportunity for contestants from all around the they are given the opportunity to participate in country to learn building skills while gaining a HON. JON C. PORTER a student loan repayment program and are not real sense of accomplishment. Congratulations OF NEVADA required to repay bonuses they receive for to all of this year’s competitors, and congratu- IN THE HOUSE OF REPRESENTATIVES their service in the National Guard if they ac- lations once again to Miss Courtney Rayle. Tuesday, July 8, 2008 cept a position as a military technician. And, f the bill will repeal the overtime prohibition Mr. PORTER. Madam Speaker, it is my dis- against overtime pay for National Guard tech- HONORS THE SOCIETY OF ST. tinct pleasure to rise today to honor Mr. Rob- nicians and instead provide for flexibility in TROFIMENA AS THEY CELE- ert James Garlow by entering his name in the overtime compensation by allowing military BRATE THEIR 100TH ANNIVER- Congressional Record, the official record of technicians to chose between compensatory SARY the proceedings and debates of the United time or overtime pay at one and a half times States Congress since 1873. Today, I honor their basic rate of pay—whatever suits their in- HON. ROSA L. DeLAURO Mr. Garlow for his extensive service to both dividual situation and needs. OF CONNECTICUT our country and community. Madam Speaker, if a military technician can IN THE HOUSE OF REPRESENTATIVES Mr. Garlow joined the U.S. Air Force on Oc- tober 19, 1966. He graduated Officer’s Train- train, serve and deploy as a member of the Tuesday, July 8, 2008 National Guard, I do not think it is too much ing School in 1967 and earned his Master’s in for them to ask to keep the benefits they de- Ms. DELAURO. Madam Speaker, it is my Engineering Facilities in 1974. Mr. Garlow’s serve for their service in the National Guard. great pleasure to rise today to join my neigh- service as an engineer in the Air Force took With all we ask of them today, I simply dis- borhood, Wooster Square in New Haven, Con- him and his wife Susan around the globe, with agree with the notion that a member of the necticut, and the Italian-American community assignments in Texas, New Mexico, Japan, National Guard has to give up the benefits in celebrating the 100th anniversary of the So- North Dakota, Ohio, Germany, Panama City, they are entitled to because they chose to ciety of St. Trofimena. Founded in a home on and Spain before his arrival at Nellis Air Force serve their Nation as a military technician. Mili- Wooster Street in December of 1908, 100 Base in Las Vegas, Nevada in July of 1983. tary technicians are the ones that keep the years later, the Society of St. Trofimena con- Since that time, Robert and Susan have called National Guard ready to serve—and it is time tinues to play an integral role in the lives of Boulder City, Nevada home. During this time, that we serve them. many of the families of Wooster Square. Mr. Garlow received his Nevada registration I urge my colleagues to join me in sup- Immigrating to the United States in 2004, a as a Professional Civil Engineer. porting this important legislation. group of Minoresi, families from the town of In 1986, Robert retired from the Air Force Minori, Italy, came to America in search of as a Civil Engineer Officer with the rank of f work and made New Haven their home. In an Major after 20 years of service. Since his re- TRIBUTE TO COURTNEY RAYLE effort to provide mutual aid and comfort to tirement from the military, Robert has worked each other they decided to form a fraternal in the Las Vegas Valley as a Director of Facili- HON. STENY H. HOYER group—the Society of St. Trofimena, Virgine & ties for numerous companies and most re- OF MARYLAND Martine. According to its original by-laws, its cently retired from the City of North Las Vegas IN THE HOUSE OF REPRESENTATIVES primary purpose was to unite all descendents where he worked as a Senior Project Man- of the town of Minori and to increase and ager. Tuesday, July 8, 2008 spread the devotion of St. Torfimena. As a Mr. Garlow is a member of the Veterans of Mr. HOYER. Madam Speaker, today I rise tribute, Antonio Esposito commissioned and Foreign Wars (VFW), Military Order of the to offer my congratulations to Courtney Rayle, donated to the society a statue of St. Cootie (MOC), Vietnam Veterans of America, the winner of the Masters Division of the 67th Trofimena that was made in Italy and shipped and Scottish American Military Society Greater Washington Soap Box Derby held in to New Haven. This statue has been used in (SAMS). He has served as Chairman of the our Nation’s Capital on June 22. all of the festivals honoring her and has been Nevada Veterans Assistance League and the I am very pleased that Miss Rayle, who is paraded through the streets of Wooster Veterans Cemetery Volunteer Group. Mr. a resident of Mechanicsville, Maryland and my Square. Garlow volunteers a great deal of his time to constituent, has now earned the right to com- The society flourished for more than 50 these two organizations and has been an ad- pete in the 71st Annual All-American Soap years before membership began to wane, vocate and supporter to our veterans in South- Box Derby national championship on July 26 however, in 1980 a group of descendents, ern Nevada. in Akron, Ohio. Courtney has worked tirelessly spearheaded by Frances D’Amato Crisci and Madam Speaker, I am proud to honor Mr. to earn such a noteworthy win; due to her her brother Anthony D’Amato met to reorga- Robert James Garlow for his most recent re- hard work, the victory marks the seventh time nize. In the years since its inception, members tirement, his continued volunteerism in the someone from the Rayle family has won the of the Society of St. Trofimena assumed a crit- community, and wish him the best in his future Greater Washington Soap Box race. This year ical responsibility—maintaining the Italian her- endeavors.

VerDate Aug 31 2005 04:42 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A08JY8.011 E08JYPT1 smartinez on PROD1PC64 with REMARKS July 8, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1401 MEDICARE IMPROVEMENTS FOR Dr. Grassle is known for his innovative treatment. Often, this is due to stigma. Stigma PATIENTS AND PROVIDERS ACT thinking and many scientific achievements, that is reinforced by our reimbursement struc- OF 2008 which are highlighted by his pioneering work ture that favors the treatment of our physical on the biology of hydrothermal vents, biodiver- health over our mental health. H.R. 6331 ends SPEECH OF sity, and effects of waste disposal in deep sea this stigma by phasing in a 20-percent copay- HON. LYNN C. WOOLSEY systems. He devoted his time and effort to en- ment for Medicare mental health services over OF CALIFORNIA sure that the results of science were trans- 6 years. By ending arbitrary and discriminatory ferred in a timely manner to environmental financial limits and making treatment more af- IN THE HOUSE OF REPRESENTATIVES managers and policymakers. His work on fordable, we can ensure that all seniors have Tuesday, June 24, 2008 waste disposal culminated into a national pol- access to mental health services. I urge my Ms. WOOLSEY. Mr. Speaker, H.R. 6331, icy change based on his scientific findings and colleagues to support H.R. 6331. the Medicare Improvements for Patients and testimony before Congress. f Providers Act will delay cuts in physician pay- Serving the state of New Jersey, Dr. ments under Medicare until next year. I hope Grassle advanced novel approaches for dis- HONORING FORMER VICE MAYOR that this is the last temporary delay and next posal and management of contaminated sedi- MICKEY NOVACK OF SURFSIDE year we will implement a permanent fix to this ments that helped to preserve the region’s ON HER 90TH BIRTHDAY problem. It’s important to Medicare patients port industry and coastal-based economy. He and physicians that there is a continuity of also fostered new approaches to science edu- HON. ILEANA ROS-LEHTINEN payments so physicians can continue to treat cation that have enriched the critical thinking OF FLORIDA Medicare patients and Medicare patients do skills of youth in New Jersey and throughout IN THE HOUSE OF REPRESENTATIVES the Nation. not lose access to the physician most familiar Tuesday, July 8, 2008 with their medical needs. Madam Speaker, I sincerely hope that my When we implement a permanent fix to the colleagues will join me in celebrating the serv- Ms. ROS-LEHTINEN. Madam Speaker, I Medicare physician payment cuts, I hope to ice of Dr. J. Frederick Grassle, a man whose rise to honor one of South Florida’s most out- address the issue of the Medicare physician deep commitment to excellence in marine and standing citizens, the Honorable Mickey geographic payment discrepancy that is faced coastal research, education for all ages, and Novack, who recently turned 90. In the after- by many areas in California and across the services to resource managers have enabled math of the Second World War, former country. One of these areas is Sonoma Coun- New Jersey to be a national and international Surfside vice mayor Novack left London, ty, in my District. This inconsistency has led to leader in these fields. where she was born, and came to this coun- doctor’s reimbursements being based upon f try. Having arrived in New York, she later geographic location and not the true cost of moved to Surfside, Florida, where she estab- providing services. Because of this discrep- MEDICARE IMPROVEMENTS FOR lished herself as an exemplary citizen both in ancy, doctors in Sonoma County receive a PATIENTS AND PROVIDERS ACT her public and family life. lower payment for the same services than OF 2008 Former vice mayor Novack has contributed to many different types of organizations in her doctors in next door Marin County and this SPEECH OF discrepancy is causing doctors to leave community, in several different capacities. She Sonoma County. Congress must act to fix this HON. PATRICK J. KENNEDY has consistently played a proactive role in discrepancy and ensure that physicians with OF RHODE ISLAND Surfside and was both the vice mayor and the Medicare patients can continue to afford to IN THE HOUSE OF REPRESENTATIVES commissioner of the city’s government. She has also utilized her financial expertise in her see Medicare patients regardless of where a Tuesday, June 24, 2008 practice is located. positions of president of the Surfside Tax- I urge my colleagues to support H.R. 6331, Mr. KENNEDY. Mr. Speaker, I rise in sup- payers Association and as the treasurer of nu- Medicare Improvements for Patients and Pro- port of H.R. 6331, the Medicare Improvement merous other organizations. These range from viders Act and look forward to working to- for Patients and Providers Act. This important the PTA to Women in Government Service. gether to provide a permanent solution to the bill includes mental health parity for Medicare Professional life aside, she has been the cor- Medicare physician payment issues so that beneficiaries. Currently, there is a discrimina- nerstone of a family dedicated to public serv- our Nation’s seniors receive the best possible tory 50-percent copayment requirement for ice, education and the improvement of their care from the physician who knows the patient mental health services, while a 20-percent co- community. the best. payment exists for physical health care serv- The fervor and ardor with which former vice ices under Medicare. f mayor Novack devoted herself to the commu- As the lead sponsor of H.R. 1424, the Paul nity and her family in conjunction with her life IN HONOR OF DR. J. FREDERICK Wellstone Mental Health and Addiction Equity achievements are truly inspirational. I am GRASSLE Act, I am fighting to enact mental health parity proud to represent her as her Congress- for individuals who receive their insurance in woman and delighted to share with you her HON. FRANK PALLONE, JR. the private sector. Federal employees, includ- achievements. OF NEW JERSEY ing Members of Congress, have had equal ac- f IN THE HOUSE OF REPRESENTATIVES cess to mental health and addiction services since 2001 with little or no cost increase. It’s HONORING MR. DICK DEITZ Tuesday, July 8, 2008 time for the private sector and Medicare to join Mr. PALLONE. Madam Speaker, I rise today in this effort to protect the health of all Ameri- HON. JOHN SHIMKUS to honor Dr. J. Frederick Grassle on his retire- cans, regardless of age or diagnosis. OF ILLINOIS ment from the Institute of Marine and Coastal In my home State of Rhode Island, I spend IN THE HOUSE OF REPRESENTATIVES Sciences at Rutgers, the State University of countless hours in senior centers and high- New Jersey. Dr. Grassle served as director of rises talking to my constituents, and it’s clear Tuesday, July 8, 2008 the Institute for 19 years. that there is an epidemic of undiagnosed and Mr. SHIMKUS. Madam Speaker, I rise today Under Dr. Grassle’s direction, the Institute untreated mental illness among older Ameri- to congratulate and honor Mr. Dick Deitz of gained a national and international reputation cans. In fact, as many as one-quarter of sen- McLeansboro, Illinois. for excellence in marine and coastal research, iors have significant clinical depression. But Mr. Deitz is to be inducted into the 2008 Na- education and service. the one thing we must remember is that de- tional High School Hall of Fame, the highest Dr. Grassle’s creativity and vision led to es- pression does not have to be a byproduct of honor that an individual associated with high tablishment of the world’s first undersea ob- aging—it isn’t ‘‘normal’’ to get depressed as school sports can receive. This Hall of Fame servatory, commonly known as LEO–15. This you get older. Allowing mental illness to go honors athletes, coaches, officials, and admin- achievement enabled development of the Na- untreated in our seniors is not only unethical, istrators for their extraordinary achievements tion’s Integrated Ocean Observing System that but it increases health care costs, especially in high school sports. now supports critical national missions associ- for those seniors with depression who are un- Mr. Deitz has been working as a football, ated with saving lives at sea, enhancing able to manage their chronic illnesses. basketball, and baseball official in Illinois since homeland security, and forecasting effects of Tragically, only 3 percent of older adults 1958 and has been the state’s rules inter- natural disasters. with mental illness ever seek mental health preter in basketball and baseball since 1976.

VerDate Aug 31 2005 04:42 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.014 E08JYPT1 smartinez on PROD1PC64 with REMARKS E1402 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2008 He is the head official for the Illinois High tant that we enhance opportunities to educate Mary moved to Boulder City with her hus- School Association (IHSA) football playoffs, a new generation of VA health care providers. band, Bruce Eaton, on July 4, 1932, where and he is an IHSA clinician in both football Reinstating the authorization for this program Bruce worked on the Hoover Dam project. and basketball. will provide VA another tool to attract qualified Mary cared for their children and stayed home Mr. Deitz officiated state tournaments in health professionals to care for our nation’s until Bruce enlisted in the Army in 1942. Mary boys basketball and state finals in football; veterans. stayed in Boulder City and began working as making him one of a select few in the State Even as VA is experiencing recruiting dif- a home economics teacher, and continued to to work finals in both major sports. He was in- ficulties, many servicemembers from Oper- teach middle school and high school for 13 ducted into the Illinois Basketball Coaches As- ation Iraqi Freedom and Operation Enduring years. She eventually became the first presi- sociation Hall of Fame in 1998, and since Freedom are trained combat medics respon- dent of the classroom teachers, the union at 1993, he has been mayor of McLeansboro, Illi- sible for providing frontline trauma care on the the time, and also participated in many nois. battlefield. When they come home, we can groups, such as Volunteers of America, East- I extend my congratulations to Dick Deitz provide the opportunity for these new veterans ern Star, Rainbow Girls. She was a charter and his family for his impressive accomplish- to continue their medical education, and use member of Grace Community Church. ments and his induction into the National High their knowledge and experience to provide Madam Speaker, I am proud to honor Mary School Hall of Fame. needed services to their fellow veterans. Eaton for her achievements and dedication to f Madam Speaker, the quality of health care the Boulder City community. I applaud her ef- available to our veterans is dependent on the forts. I wish her a happy centennial and all the ALTERNATIVE MINIMUM TAX ability of VA to recruit and retain qualified best in her future endeavors. health care personnel. I hope my colleagues f HON. TIM MAHONEY on both sides of the aisle will join me in this REGARDING H.R. 6381, THE MED- OF FLORIDA effort to build a new generation of health care ICAL DEVICE SAFETY ACT OF IN THE HOUSE OF REPRESENTATIVES professionals and cosponsor the Veterans 2008 Health Scholarship Act of 2008. Tuesday, July 8, 2008 f Mr. MAHONEY of Florida. Madam Speaker, HON. BRUCE L. BRALEY as I stated for the record on June 26, 2008, RECOGNIZING EMERGENCY MAN- OF IOWA I missed votes on June 25, 2008, due to the AGEMENT, DISASTER RECOVERY IN THE HOUSE OF REPRESENTATIVES funeral of my friend, Mason Smoak. AND RELIEF EFFORTS IN WAYNE Tuesday, July 8, 2008 COUNTY One of the votes I missed was a vote on the Mr. BRALEY of Iowa. Madam Speaker, I Alternative Minimum Tax (AMT). I applaud our rise in support of H.R. 6381, the Medical De- leadership for its work to ensure that the AMT HON. MIKE PENCE vice Safety Act of 2008. I am proud to be an does not hit middle- and working-class families OF INDIANA original cosponsor of this legislation, which will in a way that would not increase our national IN THE HOUSE OF REPRESENTATIVES address the Supreme Court’s flawed decision debt. I have voted against the AMT in the Tuesday, July 8, 2008 in Riegel v. Medtronic that completely ignored past—and, had I been able to vote on June Mr. PENCE. Madam Speaker, I rise today to Congressional intent regarding the ability of in- 25, 2008, I would have voted ‘‘no’’—because commend and recognize the extraordinary jured patients to hold medical device manufac- changing the taxation on carried interest contributions of emergency management, dis- turers accountable for their injuries. This bill sends the wrong message that Congress val- aster response, and recovery personnel as will restore Congress’s original intent to allow ues money more than ingenuity, with the unin- well as elected officials and community lead- injured patients to seek recourse for their inju- tended consequences potentially being a con- ers in my district which was devastated by the ries suffered at the hands of negligent device striction of private capital to America’s small recent severe weather in Indiana. manufacturers. American patients need the Medical Device businesses. It is my hope that Congress will I wish particularly to honor the Board of Safety Act of 2008 to ensure that they have continue to address this vital issue responsibly Commissioners, County Council, and all the the ability to hold negligent device manufactur- and in a bipartisan manner. other outstanding individuals in Wayne County ers accountable for injuries caused by unsafe f who rose to the occasion during these difficult products. It also would prevent these manu- times. This area suffered greatly from severe VETERANS HEALTH SCHOLARSHIP facturers from receiving total immunity from storms and weather, creating a catastrophe of ACT OF 2008 any claims simply by virtue of receiving a nature that inflicted injuries, destroyed prop- Food and Drug Administration device ap- erty, and displaced many of our citizens. In re- HON. STEVE BUYER proval. sponse, these officials went above and be- It is important for Congress to quickly make OF INDIANA yond the call of duty, showing great poise IN THE HOUSE OF REPRESENTATIVES its intent clear, as the Supreme Court will like- while saving many lives and serving the peo- ly take up a parallel issue this fall regarding Tuesday, July 8, 2008 ple of their communities. accountability for pharmaceutical manufactur- Madam Speaker, I commend these fine men Mr. BUYER. Madam Speaker, today I am ers. Earlier this year, I was proud to partici- and women for their tremendous dedication to introducing the Veterans Health Scholarship pate in a hearing in the Committee on Over- the Hoosier families, businesses, farmers and Act of 2008. This legislation would extend the sight and Government Reform which looked communities that they serve. As Hoosiers con- authority of the Department of Veterans Af- deeper into this issue. Witness testimony tinue to recover from Mother Nature’s fury, I fairs, VA, to reinstate the Health Professional made it clear that when we allow the FDA to feel confident that the people of Wayne Coun- Scholarship Program and give priority to vet- have the final say on device safety, patient ty will be well served by these officials. erans in awarding these scholarships. safety is compromised. Strong State laws are VA is known for its high quality health care. f critical to maintaining accountability for device However, the supply of highly trained medical PAYING TRIBUTE TO MARY EATON manufacturers, and allowing the FDA to pre- personnel is not growing as fast as the de- empt these State laws is a surefire way to mand, and VA struggles to recruit highly HON. JON C. PORTER lead to negligence and the production of un- trained health care professionals critical to OF NEVADA safe products. providing veterans the care and services they The civil justice system and the Federal reg- IN THE HOUSE OF REPRESENTATIVES need. ulatory system were always meant to com- The Health Professional Scholarship Pro- Tuesday, July 8, 2008 plement each other. Both are necessary to gram was originally established to improve re- Mr. PORTER. Madam Speaker, it is my dis- adequately protect Americans. The FDA sim- cruitment and retention and help reduce the tinct pleasure to rise today to honor my friend ply cannot do it alone. The agency is under- national nursing shortage. VA lost an impor- Mary Eaton by entering her name in the CON- staffed and underfunded, and I support addi- tant tool to meet their current and anticipated GRESSIONAL RECORD, the official record of the tional funding to help this critical agency. How- staffing needs when the program expired in proceedings and debates of the United States ever, allowing the buck to stop solely with the 1998 and was not reinstated. As concerns Congress since 1873. Today, I pay tribute to FDA on issues of life and death is simply con- over recruitment and retention of health care Mary Eaton of Boulder City, who celebrated tradictory to our system of checks and bal- professionals increase, it is especially impor- her 100th birthday on April 14, 2008. ances. This is just one more reason that it is

VerDate Aug 31 2005 04:42 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.018 E08JYPT1 smartinez on PROD1PC64 with REMARKS July 8, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1403 vital that Congress pass the Medical Device enabled the Air Force to provide unprece- Justice Sylvia Hinds-Radix sits on the Su- Safety Act of 2008 to restore the balance be- dented Global Reach, Global Vigilance and preme Court of New York and is the first Bar- tween the civil justice system and the Federal Global Power for both traditional and non-tra- bados national to serve in that capacity. Jus- regulatory system that Congress intended ditional missions. Under his leadership, the Air tice Hinds-Radix has been an advocate for the when it passed the Medical Device Amend- Force spread its wings over America’s cities, poor since the beginning of her career. She ments of 1976. delivered relief to victims of tsunamis and hur- credits her family for her success and for her f ricanes, expanded international ties to reas- motivation to be a voice to the voiceless in her sure allies and deter enemies—all while flying community. HONORING GENERAL T. MICHAEL and fighting as an indispensable part of the Michael Flanigan is the Community Rela- ‘‘BUZZ’’ MOSELEY’S CAREER OF Joint force in Iraq, Afghanistan and other thea- tions Director for Citi Bank in the Brooklyn and PUBLIC SERVICE ters of the Global War on Terror. Staten Island region and serves on several His commitment to his Airmen has been boards of directors. Mr. Flanigan started his HON. SAM JOHNSON peerless. In a constrained fiscal environ- education at Jamaica College and went on to OF TEXAS ment—and with lives in the balance—General earn a masters in finance and marketing from IN THE HOUSE OF REPRESENTATIVES Moseley’s uncommon courage, expertise and New York University. Mr. Flanigan believes that ‘‘hard times shouldn’t dissuade us from Tuesday, July 8, 2008 foresight have forged a set of transformational initiatives designed to spark an intellectual our goals’’ and wants to help others achieve Mr. SAM JOHNSON of Texas. Madam renaissance while recapitalizing an aging air their goals by becoming more involved in phi- Speaker, I rise today to pay special tribute to fleet, worn down by 18 years of continuous lanthropy. Many more Caribbean Americans have con- General T. Michael ‘‘Buzz’’ Moseley, 18th combat. He has sought to provide his Airmen tributed to the American fabric than those that Chief of Staff of the U.S. Air Force, an exem- with the quality of life they deserve, while see- plary patriot and extraordinary leader, who, on were mentioned today. I would like us as a ing to their training, education and leadership. nation to recognize the struggles and victories July 9, 2008, completed 37 years of distin- He has refocused the Service on a single core guished service to our Nation. of the Caribbean community and how impor- mission: bolstering warrior ethos and fostering tant their work is to the history and continued General Moseley began his accomplished joint and combined synergies. career at Texas A&M and Webb AFB, where triumph of America. I would like to take this He has worked tirelessly to reinvigorate the opportunity during Caribbean-American Herit- he earned his wings in 1973. He proceeded to innovation, flexibility, and creative, strategic a series of demanding assignments as flight age Month to celebrate the contributions of all thinking that have been Airmen’s hallmarks Caribbean Americans to our Nation. instructor, test pilot and mission commander. since the dawn of aviation. In the context of f His peerless operational skills were honed by this conceptual, organizational and techno- the most prestigious positions, to include com- logical transformation, General Moseley has IN RECOGNITION OF SYRACUSE mand at every level—most notably the Air redefined the Air Force for the 21st Century, BROADCASTER MIKE PRICE Force Fighter Weapons School, the 9th Air ensuring that America’s guardians will con- Force, and the U.S. Central Command Air tinue to fly, fight and win in both today’s bat- HON. JAMES T. WALSH Forces. General Moseley led airmen in peace, tles and in tomorrow’s crucibles. OF NEW YORK crisis, and war—from Operation Southern While many distinguished awards and deco- IN THE HOUSE OF REPRESENTATIVES Watch, through the harrowing days in the rations adorn his uniform—from his own grate- Tuesday, July 8, 2008 wake of September the 11, 2001, to engaging ful Nation as well as from such staunch allies the Taliban in Operation Enduring Freedom as Britain, France, Korea, Brazil, Singapore, Mr. WALSH of New York. Madam Speaker, and the destruction of Saddam Hussein’s war and the UAE—what stands out most and what I rise today to honor Mike Price, a Syracuse broadcasting legend, as he retires after 46 machine in Operation Iraqi Freedom. we honor him for today is his unflinching com- years at NewsChannel 9 WSYR. The breadth of General Moseley’s assign- mitment to the cause of freedom and justice. ments and the professionalism with which he Mike began his career with Channel 9, then General T. Michael ‘‘Buzz’’ Moseley has WIXT–TV, on September 2, 1962 just before has carried them out, reflect a keen intellect earned the deepest respect from all whom he and unrivaled grasp of national security poli- the station went on air for the very first time. has served during his illustrious career—most He quickly grew to earn a reputation for being cies and air power’s role in implementing notably this Congress and a grateful Nation. them. Equally impressive, has been General an honest and good natured broadcaster who f Moseley’s staunch, consistent advocacy of treated all people with deep respect. Mike inter-Service and international cooperation as PROMINENT CARIBBEAN AMERI- rose to fame through his portrayal of the character ‘‘Baron Daemon,’’ a vampire that hosted the most effective way of assuring allies, dis- CANS RECOGNIZED DURING CAR- late night horror shows. His character became suading and deterring adversaries, and defeat- IBBEAN AMERICAN HERITAGE so popular that the station added a late after- ing implacable foes. MONTH noon show titled ‘‘Barron and his Buddies.’’ A brilliant speaker with a sharp wit and en- Additionally, Mike recorded a popular single dearing style, General Moseley has frequently HON. CHARLES B. RANGEL called ‘‘The Transylvania Twist,’’ which is testified before the Congress on a wide variety OF NEW YORK played every Halloween. For 25 years, Mike of issues critical to the Air Force’s—and the IN THE HOUSE OF REPRESENTATIVES was the anchor of ‘‘Good News’’ on Nation’s—readiness to face an uncertain fu- Tuesday, July 8, 2008 NewsChannel 9, which recognized community ture. However controversial the topic or point- happenings and school groups across the Syr- ed the questioning, he has always been a Mr. RANGEL. Madam Speaker, I rise today acuse area. Mike’s hard work and dedication most poised, eloquent proponent of balancing to recognize the profiles of four prominent to NewsChannel 9 helped the station to reach current exigencies with future requirements. members of the Caribbean Diaspora during the number one spot in local ratings. His focus has remained unwavering: assure Caribbean-American Heritage Month that were Mike Price valiantly served his country for that USAF remains America’s asymmetric ad- featured in a special section of CaribNews, a 30 years as a Chief Petty Officer in the U.S. vantage—our Nation’s multidimensional, global New York based publication that serves as the Coast Guard Reserve, serving in the Persian maneuver force—the force of first and last re- voice of the Caribbean Diaspora community. Gulf War in 1991. He went on to produce a sort. Jamaican American, Beryl Levi, is the Presi- documentary about his experiences during this As the 18th Chief of Staff and a member of dent of a successful frozen food company. time that received several awards. Mike is a the Joint Chiefs of Staff from September 2005 Mrs. Levi and her husband started the com- Syracuse native, attending Onondaga Valley to August 2008, General Moseley has been a pany with high hopes and countless well-wish- Academy and Syracuse University. Addition- trusted advisor on all aspects of airpower and ers. Today, Tower Isle Frozen Foods is con- ally, he is the recipient of the Syracuse Press its key role in promoting and defending Amer- sidered ‘‘the pioneer Jamaican food proc- Club’s Career Achievement Award. After un- ica’s interests at home and abroad. His 37 essing company in the U.S.’’ dergoing open-heart surgery in 2001 and shar- years of distinguished service epitomize bold Rosemonde Pierre-Louis is a Haitian Amer- ing his recovery with viewers, Mike has been leadership, strategic vision, intellectual flexi- ican and the Deputy Borough President of an inspiration and a valuable resource to bility, innovation, honor, integrity, dignity and Manhattan. Ms. Pierre-Louis completed her many who undergo the same treatment. selfless devotion. undergraduate studies at Tufts University in On behalf of the people of the 25th District His exceptional grasp of war-fighters’ needs, Massachusetts and obtained her law degree of New York, I congratulate Mike on a wonder- born of his own combatant experience, has from Case Western University School of Law. ful career and wish him the best as he retires.

VerDate Aug 31 2005 04:42 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.021 E08JYPT1 smartinez on PROD1PC64 with REMARKS E1404 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2008 I thank him for his many decades of serving souri. In April 2008, Arrow Rock was des- and Chuck Drewicz, the Cougars were on the the Syracuse community. ignated as a Preserve America Community. prowl; knocking teams out of the tournament f Arrow Rock is one of 600 nationwide sites bracket left and right. The final game was a that have earned the designation of being a nail-biter. With two outs and a 2–2 count, sen- HONORING WASHINGTON POST EX- Preserve America Community. This Federal ior Hallie Minch slammed the game winning ECUTIVE EDITOR LEONARD designation helps in the historic preservation hit, driving in teammate Katie Torok to make DOWNIE JR. work for communities throughout the United the final score 2 to 1. States. Preserve America is focused on pro- The Cougars season rounded out to 32 HON. TOM DAVIS viding financial support systems for the non- wins and 6 losses after the championship OF VIRGINIA physical work done in historic preservation game on June 14, 2008. To seniors, Hallie IN THE HOUSE OF REPRESENTATIVES communities. The Arrow Rock community will Minch, Christina Seward, Katie Torok, Stacey Brickan, Kristina Susalla, Tricia York, Tuesday, July 8, 2008 now be able to apply for Federal grants, awards, and other help in research, planning, Breannea King, and Karen Greficz; juniors, Mr. DAVIS of Virginia. Madam Speaker, I and training efforts to help in the preservation Shannon Pietruska, Katelyn Shattleroe, rise today to honor Leonard Downie Jr. for 17 of their village. First Lady Laura Bush said, in Jenniger Leone, Melissa Dimitrijevich, Amanda years of service and dedication as the execu- a written statement, ‘‘Preserve America Com- Quartz; sophomore Allison Chiti, and Fresh- tive editor for The Washington Post. Leonard munities demonstrate that they are committed men, Carley Shattleroe and Naomi Oxendine, is widely recognized as one of the great edi- to preserving America’s heritage while ensur- the thrill of softball will have given them an un- tors of our time. ing a future filled with opportunities for learn- forgettable day on Bailey Field. Mr. Downie began his career for The Wash- ing and enjoyment.’’ Madam Speaker, the Garden City Cougars ington Post as a summer intern in 1964. He I am certain that the Members of the House deserve to be recognized for their determina- soon established himself as a well-known local will join me in congratulating the historic pres- tion, achievement, and spirit. I ask my col- investigative reporter in Washington, special- ervation group of Arrow Rock for their accom- leagues to join me in congratulating the Gar- izing in crime, courts, housing and urban af- plishments and in wishing them luck in all den City Cougars for obtaining this spectac- fairs. To honor his superior reporting, Mr. there future endeavors. ular title and honoring their devotion to our community and country. Downie received two Washington-Baltimore f Newspaper Guild Front Page awards, The f INTRODUCTION OF H.R. 6431, DE- American Bar Association Gavel Award for RECOGNIZING EMERGENCY MAN- PARTMENT OF VETERANS AF- legal reporting, and the John Hancock Award AGEMENT, DISASTER RECOVERY FAIRS ELECTRONIC REPORTING for excellent business and financial writing. AND RELIEF EFFORTS IN MADI- ACT Mr. Downie then worked on the Metropolitan SON COUNTY staff for 15 years, where he earned the title of deputy metropolitan editor. In 1979, he was HON. STEVE BUYER named London correspondent. 3 years later, HON. MIKE PENCE OF INDIANA OF INDIANA he returned to Washington as national editor, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES and, in 1984, became the managing editor and director of The Los Angeles Times-Wash- Tuesday, July 8, 2008 Tuesday, July 8, 2008 ington Post News Service. Mr. BUYER. Madam Speaker, today I am Mr. PENCE. Madam Speaker, I rise today to On September 1, 1991, after 7 years as introducing the Department of Veterans Af- commend and recognize the extraordinary managing editor, Mr. Downie was named ex- fairs, VA, Electronic Reporting Act. This legis- contributions of emergency management, dis- ecutive editor of the Washington Post. Under lation would require VA to submit to Congress aster response, and recovery personnel as his guidance, the Post developed into a major reports required by law in an electronic form. well as elected officials and community lead- online force. His immense talent for investiga- VA is required to submit numerous reports ers in my district which was devastated by the tive journalism was also apparent as the Post to Congress on issues ranging from assist- recent severe weather in Indiana. won numerous prizes for high-profile expo- ance provided to homeless veterans to the es- I wish particularly to honor the Board of sitions, including the secret CIA prisons in tablishment of new cemeteries. This fiscal Commissioners, County Council, and all the Eastern European and the Watergate Scandal. year we will receive over forty reports man- other outstanding individuals in Madison His excellent leadership was rewarded; the dated in title 38, United States Code. County who rose to the occasion during these post won 25 Pulitzer Prizes under his tenure. Requiring VA to submit these reports elec- difficult times. This area suffered greatly from Mr. Downie announced his last day at The tronically would be more efficient and reduce severe storms and weather, creating a catas- Washington Post will be on September 9, paper waste. It would also maximize the utility trophe of nature that inflicted injuries, de- 2008. Leonard, always modest, summed up of the information created, collected, and pro- stroyed property, and displaced many of our his management philosophy in one sentence: vided to Congress in these reports. citizens. In response, these officials went ‘‘You hire people smarter and more talented Madam Speaker, VA submits thousands of above and beyond the call of duty, showing than you and enable them to do their best pages of reports to Congress each year and great poise while saving many lives and serv- work.’’ I hope my colleagues on both sides of the ing the people of their communities. Madam Speaker, in closing, I would like to aisle will join me in this effort to improve the Madam Speaker, I commend these fine men thank Mr. Downie for molding The Washington efficiency and effectiveness of government in- and women for their tremendous dedication to Post into a dominant news outlet, for his con- formation management. the Hoosier families, businesses, farmers and communities that they serve. As Hoosiers contributions to journalism, and for doing his part f to keep our world honest. I ask my colleagues tinue to recover from Mother Nature’s fury, I to join me in congratulating him on his many HONORING THE GARDEN CITY feel confident that the people of Madison successes and in wishing him the best of luck COUGARS County will be well served by these officials. in all future endeavors. f f HON. THADDEUS G. McCOTTER TRIBUTE TO BARBARA TRIEFF OF MICHIGAN TRIBUTE TO THE HISTORIC PRES- IN THE HOUSE OF REPRESENTATIVES ERVATION GROUP OF ARROW HON. TOM LATHAM ROCK, MISSOURI Tuesday, July 8, 2008 OF IOWA IN THE HOUSE OF REPRESENTATIVES Mr. MCCOTTER. Madam Speaker, today I HON. IKE SKELTON rise to acknowledge the Garden City Cougars, Tuesday, July 8, 2008 OF MISSOURI champion women’s high school softball team, Mr. LATHAM. Madam Speaker, I rise to rec- IN THE HOUSE OF REPRESENTATIVES upon reaching Garden City High School’s first ognize Mrs. Barbara Trieff, an English and team State title. journalism teacher at Interstate 35 High Tuesday, July 8, 2008 The Cougars, a MHSAA Division 1 team, School in Truro, Iowa, on the occasion of her Mr. SKELTON. Madam Speaker, let me were determined to achieve victory this sea- retirement. I also wish to express my appre- take this opportunity to congratulate the his- son. Led by Head Coach, Barry Patterson and ciation for Barbara’s dedication and commit- toric preservation group of Arrow Rock, Mis- Assistant Coaches, Al Russell, Mark Minch, ment to the youth of Iowa.

VerDate Aug 31 2005 04:42 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.025 E08JYPT1 smartinez on PROD1PC64 with REMARKS July 8, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1405 For the past 34 years, Mrs. Trieff has con- est media market, but around the country, and Journal in 1960, and later moved from print tributed her time and talents to improving at the able direction of Vice President and media to radio working as a reporter for KLAS youths’ lives through education and mentoring. General Manager Betty Ellen Berlamino, radio in the early 1960s. In 1966, Bob moved She grew up on a farm and graduated from WPIX–TV continues to maintain its distinctive to what is now KNTV Channel 13 as a part Orient Macksburg High School in 1970 before flair and brand identity. time sports reporter and weatherman and later attending Simpson College in Indianola, Iowa. WPIX–TV has earned more than 150 Emmy moved to KLAS–TV as a reporter and anchor. In 1975 she started her career in education by Awards, including for Outstanding Morning Over the course of his career, Bob has been teaching junior high English at Westwood in News Program and for its News at 10. In addi- dedicated to providing accurate reporting on Sloan, Iowa. After her first year of teaching, tion, the CW11 has been honored with numer- important events and correcting historical inac- she applied for, and obtained a high school ous Edward R. Murrow Awards, New York curacies about the Las Vegas area. Bob’s English teaching position at Interstate 35 High State Broadcasters Awards, New York State knowledge of history and events in Las Vegas School where she remained for the next 32 Associated Press Broadcasters Awards, New are irreplaceable, and the passion and ethics years. Mrs. Trieff certainly left a positive mark York Press Club Awards, and Deadline Club he brought to the field has shaped hundreds at I-35 High School, playing a crucial role in Awards for excellence in reporting, news cov- of journalists. many school programs including the develop- erage, public affairs, news specials, and fea- Bob also serves as the Chairman of the Ne- ment of the Life Skills course, Career Plan- tures. vada State Museum and Historical Society as ning, Career Day, the job shadowing program, Over the course of six decades, WPIX has well as the Las Vegas Historical Preservation and instating a reading program as well as the marked numerous milestones in TV history, in- Commission. Additionally, Bob served as a Advanced Placement English literature class. cluding the first use of instant replay, which historian for Las Vegas’ centennial celebration Mrs. Trieff has truly made a lasting impact took place on July 17, 1959 during its broad- in 2005. on students, family and faculty throughout her cast of a ballgame between the New York Madam Speaker, I am proud to honor Bob illustrious career, and her leadership at I-35 Yankees and the Chicago White Sox. WPIX Stoldal. His journalistic practices serve as an will certainly be missed by everyone. I con- also aired the first appearance on New York example for the next generation, and I ap- sider it an honor to represent Mrs. Barbara television of the Rolling Stones on ‘‘The Clay plaud him on his success. I also commend Trieff in the United States Congress, and I Cole Show’’ in 1964. From the Giants to the Bob for his dedication to history and his efforts wish her and her husband Richard a happy Yankees to the Mets, from Cap’n Jack McCar- to ensure its accuracy for posterity. I wish him and healthy retirement. thy to Officer Joe Bolton, WPIX has enjoyed a the best in his retirement and with his future endeavors. f rich and illustrious history. The little station that could, WPIX and its talented and hard- f IN RECOGNITION OF WPIX–TV ON working employees have richly earned the THE DAILY 45: WILLIS GRAHAM THE OCCASION OF ITS 60TH AN- right to celebrate the station’s 60th anniver- NIVERSARY sary. Its success derives from the resilience HON. BOBBY L. RUSH and drive required to realize the American OF ILLINOIS HON. CAROLYN B. MALONEY dream. IN THE HOUSE OF REPRESENTATIVES OF NEW YORK In addition to its broadcasting excellence, Tuesday, July 8, 2008 IN THE HOUSE OF REPRESENTATIVES WPIX has dedicated itself to community serv- Mr. RUSH. Madam Speaker, everyday, 45 Tuesday, July 8, 2008 ice. In 1981, it partnered with the McCormick Tribute Foundation to create the CW11 Care people, on average, are fatally shot in the Mrs. MALONEY of New York. Madam for Kids fund. Since its creation, the fund has United States. Too many lives are cut short Speaker, I rise to pay tribute to WPIX–TV, the provided more than $7 million in grants to out- unnecessarily. award-winning and groundbreaking New York standing nonprofit organizations in the Tri- Just yesterday, in Chicago, 29-year-old Wil- City television station historically known to mil- State area that address the unmet needs of lis Graham was found suffering gunshot lions of New Yorkers as Channel 11. This kids and their families, including AIDS support wounds. He was dead upon arrival at the hos- month, the first independent television station services, drop-out prevention, drug abuse pre- pital from multiple gunshot wounds, according in our nation’s greatest city is celebrating its vention/treatment, and child abuse prevention/ to police. This shooting occurred on Chicago’s 60th anniversary. All Americans should pay treatment programs. These interests address south side in the Englewood community. An- tribute to its remarkable success in bringing a wide range of children’s needs and the goal other family grieves. Another gun became the thoughtful, newsworthy and entertaining proof this fund is not only to provide grants, but tool used to take the life of a human being. I gramming into our homes over the course of also significant programming that is important could stop speaking on this issue, but am I not the past six decades. to families with children and teenagers. my brother’s keeper? Are you not your broth- Since its founding, WPIX–TV has been a Madam Speaker, I ask that my colleagues er’s keeper? leader in the field of television broadcasting. A join me in recognizing the enormous contribu- Americans of conscience must come to- pioneer, it established a standard of innovations to our lives made by WPIX–TV Channel gether to stop the senseless death of ‘‘The tive, visionary programming that other TV sta- 11 New York. Daily 45.’’ When will Americans say ‘‘enough tions have sought to emulate. It never lost is enough, stop the killing!’’ f sight of its mission to deliver the most accu- f PAYING TRIBUTE TO BOB rate, timely, and pertinent issues of the day. IN RECOGNITION OF JUDY STOLDAL Even as the television industry has undergone NEWBILL BURNS AS SANTA huge changes, WPIX–TV’s originality, cre- ROSA COUNTY, FLORIDA’S POINT ativity, and understanding remain its hallmarks HON. JON C. PORTER OF LIGHT RECIPIENT today. OF NEVADA The flagship station of the CW Television IN THE HOUSE OF REPRESENTATIVES Network, WPIX–TV is seen in more than 10 HON. JEFF MILLER million homes. It has come a long way from Tuesday, July 8, 2008 OF FLORIDA the humble origins of its launch. The station’s Mr. PORTER. Madam Speaker, it is my dis- IN THE HOUSE OF REPRESENTATIVES top-rated CW network programming, the tinct pleasure to rise today to honor Bob Tuesday, July 8, 2008 award-winning CW11 News at Ten, the CW11 Stoldal by entering his name in the CONGRES- Mr. MILLER of Florida. Madam Speaker, on Morning News, its extensive library of hit mov- SIONAL RECORD, the official record of the pro- behalf of the United States Congress, it is an ies, first-run programs, off-network sitcom fa- ceedings and debates of the United States honor for me to rise today in recognition of vorites, quality children’s programming and Congress since 1873. Today, I honor Bob Judy Newbill Burns as Santa Rosa County, public affairs shows, and outstanding event Stoldal for his devoted service to the Las Florida’s Point of Light Recipient. coverage have contributed immensely to the Vegas community and congratulate him on his For the past 6 years, Ms. Burns has volun- station’s success. Under the leadership of retirement. teered her time to help autistic children. News Director Karen Scott and with out- Bob has been an institution in journalism cir- Through the Autism Society of the Panhandle, standing reporting by veteran broadcast jour- cles in Las Vegas for five decades, most re- Ms. Burns has vigorously worked to expand nalists like the Emmy Award-winning Marvin cently as the top news executive for KLAS–TV educational opportunities for children with au- Scott, WPIX–TV’s news programming remains Channel 8. Bob began his career in journalism tism. The Kids for Camp Program, spear- widely respected, not just in the nation’s larg- as a typesetter for the Las Vegas Review headed by Ms. Burns and the Autism Society

VerDate Aug 31 2005 04:42 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K08JY8.011 E08JYPT1 smartinez on PROD1PC64 with REMARKS E1406 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2008 of the Panhandle, provides 6 weeks of edu- wide focus, as hundreds of Koshares served made it clear that he will be considering the cation for over 50 children with autism and in every war in which the United States has Caribbean as, a place to invest funds under provide instructional workshops for local spe- fought since World War II. his control as New York City Comptroller. cial education teachers. Daily activities at the ‘‘Doing those dances was demanding and The CARICOM Conference was crucial to camp include arts and crafts, swimming, ca- required hard work,’’ said one of the original address key issues of enterprise in the Carib- noeing, and other therapeutic activities. The organizers, Jimmy Taylor. ‘‘The dances were bean but also to recognize the substantial camp is intended to provide a normal summer important to learn, but it was more important economic influence of Caribbean nations as vacation for those afflicted with autism. what you took with you throughout your life well as their enormous potential for growth. The Point of Light Award recognizes a Flor- from the experience. It gave young boys an f ida resident who demonstrates exceptional outlet for their energy, gave them a sense of TRIBUTE TO CASSIE KEITT WEEKS service to the community. Recipients are an- accomplishment, and it trained their minds to nounced each week and prior to their selec- analyze and complete a project.’’ Mr. Taylor tion are reviewed by a panel of judges that are went on to West Point and served his country HON. JAMES E. CLYBURN considered leaders in the areas of vol- during World War II with honors. OF SOUTH CAROLINA unteerism and service. Volunteers play a vital The loss of Koshares during World War II IN THE HOUSE OF REPRESENTATIVES role in the extension of education. Ms. Burns spurred their vast collection of art and arti- Tuesday, July 8, 2008 has exceeded the expected duties of a volun- facts. In memory of their fallen comrades, they Mr. CLYBURN. Madam Speaker, I rise teer and her recognition as Santa Rosa Coun- originally bought three paintings. By continuing today to pay tribute to a wonderful constituent ty, Florida’s Point of Light is evidence of her to gather pieces over the years, the Koshares on the occasion of her 100th birthday. Mrs. immense philanthropy. Ms. Burns’ dedication amassed one of the most extensive collections Cassie Keitt Weeks of Fort Motte, South Caro- and devotion to autistic children benefits the of southwestern art and artifacts in the West. lina will become a centenarian on August 5, entire community and her outstanding accom- Service remains a large part of the meaning plishments have distinguished her as one of 2008. This is a remarkable milestone that few of the organization. The Koshares continue to of us are ever able to achieve. the great people in Northwest Florida. Santa foster leadership skills and to provide an envi- Cassie Keitt is the daughter of the late Hat- Rosa County is greatly indebted to her service ronment for young people to learn about the tie Young and Elijah ‘‘Bub’’ Keitt of Fort Motte. and is honored to have her as one of their heritage of Southeastern Colorado. They also She was married to the late Jesse Weeks, Sr. own. persist in sharing that heritage with others Mrs. Weeks can trace her ancestry to Madam Speaker, on behalf of the United through their museum and performances. slaves on the Lang Syne Plantation and the States Congress, I am proud to recognize Boys, and now girls, benefit from the program, Goshen Plantations in Fort Motte. Both Mrs. Judy Newbill Burns on this outstanding and the Arkansas Valley is richer because of Weeks and her husband were employed by achievement. the history and culture provided by the the Peterkin family at the Lang Syne Planta- f Koshare Indian Dancers. It is my distinct tion until their retirement. honor to recognize the Koshares and to wish The church is a central part of Mrs. Weeks’ HONORING THE KOSHARE INDIAN them continued success. DANCERS life. Her great-grandfather is on the original f deed as an organizer of Mt. Pleasant Baptist Church in Fort Motte. It was the first church HON. MARILYN N. MUSGRAVE COMPTROLLER RECOGNIZES THE organized by former slaves in the community, OF COLORADO SIGNIFICANCE OF RELATIONSHIP and Mrs. Weeks attends that church today. IN THE HOUSE OF REPRESENTATIVES WITH THE CARIBBEAN DURING She is among the church’s staunchest sup- Tuesday, July 8, 2008 CARICOM CONFERENCE IN NEW porters and serves in a number of capacities. YORK She is a Church Mother, a member of the Mrs. MUSGRAVE. Madam Speaker, I rise Senior Choir and Sunday school class, and today to honor the Koshare Indian Dancers, HON. CHARLES B. RANGEL serves as a pastor’s aide. She is an avid fund- who are celebrating 75 years of history and raiser, a homecoming and friends and family OF NEW YORK culture. day captain, and a member of the building and The Koshare Indian Dancers offered refuge, IN THE HOUSE OF REPRESENTATIVES kitchen committees. She also serves as the hope, and a spirit of camraderie to boys dur- Tuesday, July 8, 2008 church historian. When asked about the secret ing Depression-era America. In 1933, a group to her longevity, Mrs. Weeks replies, ‘‘trusting Mr. RANGEL. Madam Speaker, I rise today of young boys from southeastern Colorado de- in the Lord.’’ She also adds, ‘‘I like it on this to bring your attention to remarks made by cided to study the heritage of their area. They side. This is all I know, so I will stay as long New York City Comptroller William C. Thomp- formed an archaeology and Indian club where as I can.’’ they could study the history, culture and arti- son, Jr. during the CARICOM Conference Among her other pleasures when she was facts of the lower Arkansas Valley. Soon, with luncheon at the Brooklyn Marriott Hotel on able were making Lye soap and quilting bees. the help of their young Scout master, J.F. Thursday the 19th of June. The Weeks home was always the gathering ‘‘Buck’’ Burshears, they were meeting with el- Bill spoke first and foremost to the unique- place for friends and family. Today she still ders representing both the Plains Indians and ness of the New York Caribbean relationship. enjoys sitting on the porch and entertaining many different Pueblos across New Mexico He mentioned, ‘‘While Caribbean Americans visitors. She is also a very avid voter, and and Arizona. The elders embraced the youth- made up only 5 percent of the United States’’ never misses the opportunity to cast her bal- ful enthusiasm of these boys, teaching them foreign-born population in the 2000 Census, lot. dances, songs, and many different aspects of over one in five foreign-born residents of New Mrs. Weeks family provides her tremendous the ways of their ancestors. Buck dubbed the York City came from the Caribbean. He also strength and joy. She is the mother of four new club Koshares, the Hopi word for ‘‘clown’’ recognized the tremendous economic potential children: daughters Rebecca Weeks Brown or ‘‘fun maker,’’ and the Koshare Indian Danc- that the New York Caribbean population has; and Hattie Belle Weeks Scott and sons Jesse ers have been going strong ever since. ‘‘Caribbean Americans are creating jobs and Weeks, Jr. (deceased) and Julius Weeks. ‘‘The club grew beyond anything we ever stimulating the economy with businesses She is the grandmother of eight; great thought it would be,’’ said Dr. William Sisson. across the city . . . [and] helping to insulate grandmother of eighteen; and the great, great He and his friend Robert Inman held the first us from the cyclical highs and lows in our fi- grandmother of three. In addition she has a meeting of the Koshare Club. Soon it was an nance and real estate sectors.’’ host of nieces, nephews, cousins and many, organization of hundreds of boys, who contin- Most importantly, Mr. Thompson spoke of many friends. ued to pass on their knowledge from genera- the increasingly influential role that emerging Madam Speaker, I invite you and my col- tion to generation. An important part of what markets are having on the world economy. leagues to join me today in wishing a happy they passed on was love for, and protection ‘‘Since 2002, emerging markets have out- 100th birthday to Cassie Keitt Weeks. This of, the land, living honestly and with integrity, performed many developed markets’’ and ‘‘It is strong matriarch remains independent and ac- and learning how to be a leader who em- estimated that forty-five percent of the aggre- tive, and serves as an example to us all. I braces community service. That sense of serv- gate Gross Domestic Product in the world wish her health, happiness and Godspeed on ice grew from a community focus to a nation- comes from emerging markets today.’’ He this momentous occasion!

VerDate Aug 31 2005 04:42 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A08JY8.029 E08JYPT1 smartinez on PROD1PC64 with REMARKS July 8, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1407 COMMENDING NAHRO Michigan, for his 25 years of distinguished tics on and off the battlefield. His valor in de- service to the Kalamazoo Community Founda- fense of his country and his unceasing love for HON. JIM McDERMOTT tion and the greater Kalamazoo area. his community and family lend credence to the OF WASHINGTON Jack began working with the Kalamazoo notion that the fullest lives are those lived for IN THE HOUSE OF REPRESENTATIVES Community Foundation in 1983 and was the greater good. named its president/CEO in 1994. Under his f Tuesday, July 8, 2008 esteemed leadership, the foundation’s assets Mr. MCDERMOTT. Madam Speaker, I rise have grown exponentially, allowing millions to INTRODUCING THE ENERGY EFFI- today to commend the National Association of be invested in the local community. At the CIENT AND ENVIRONMENTALLY Housing and Redevelopment Officials same time, Jack has volunteered with more FRIENDLY AUTOMOBILE TAX (NAHRO) and their partners in the non-profit, than 30 local nonprofit organizations dedicated CREDIT ACT governmental, and private sectors for embark- to enhancing the economic vitality and cultural ing on their 2008 Housing America Campaign. richness of the Kalamazoo region. Further ac- HON. RON PAUL The affordable housing issues that the complishments include his work to help create OF TEXAS Housing America Campaign raises affect the Arts Fund of Kalamazoo County, establish IN THE HOUSE OF REPRESENTATIVES every Congressional district in this country. an active Youth United Way program, and ini- Tuesday, July 8, 2008 The statistics are grim: 750,000 Americans are tiate the Community Foundation’s homeless on any given night and 31⁄2 million BetterTogether/Kalamazoo social capital initia- Mr. PAUL. Madam Speaker, I rise today to experience homelessness at some point in tive. introduce the Energy Efficient and Environ- each year. I’m worried that these numbers will Apart from his work in Kalamazoo, Jack has mentally Friendly Automobile Tax Credit Act, only increase as the foreclosure crisis con- also been a leader at the regional and national legislation that will help Americans reduce pol- tinues. levels. He was the first chair of the Council on lution and the amount they pay for gas. My More than 15 million American families now Foundations’ Community Foundation Leader- legislation accomplishes these important goals pay more than half of their income for hous- ship Team and board vice chair of the Council by providing Americans a tax credit of up to ing. Too many of these families also make of Michigan Foundations. He has also served $2,000 when they sell or trade in a car and less than 50 percent of their area’s median in- on the board of the Community Foundations of obtain a vehicle that has at least a 20 percent come and yet still are stuck on waiting lists for America and was former chair of Michigan higher average fuel economy than the sold or government assistance. Where I live in Seattle Community Foundations Ventures. traded-in car. The bill also creates a Federal there are thousands of families on waiting lists The Kalamazoo Community Foundation was tax deduction for any State or local taxes paid for Section 8. established for the betterment of the greater on the purchase of the more fuel-efficient In Seattle the ‘‘fair market rent’’ established Kalamazoo community. Jack’s personal and automobile and makes interest on loans to by HUD is over $900 a month for a 2-bedroom professional legacy is one that exemplifies this purchase the more fuel-efficient automobile apartment. In order to be able to afford this, mission. Jack Hopkins has been a truly excep- tax deductible. without paying more than 30 percent of their tional asset to the Kalamazoo community. This legislation will help Americans cope income on rent, someone in Seattle would Once again, I would like to personally con- with high gas prices by making it easier for have to be making $37,000 a year or about gratulate and thank Jack for his many years of them to obtain more fuel-efficient cars. I hope $18/hour, which is more than double the min- service. Southwest Michigan is and will forever my colleagues would agree that Congress imum wage in Washington State and about tribe a better place to live and work because of should provide free market incentives to make ple the current Federal minimum wage. his contributions. it easier for Americans to exchange their cur- I am relieved that the House has taken f rent cars for cars that create less pollution. meaningful action to address the affordable Providing tax deductions and tax credits to housing shortage by passing legislation to cre- IN HONOR OF JASON DALE LEWIS make it easier for Americans to purchase fuel- ate an Affordable Housing Fund. This critical efficient automobiles is a win for American fund will provide about $500 million per year HON. CHRISTOPHER S. MURPHY consumers, a win for the environment, and a to finance construction, maintenance, and OF CONNECTICUT win for those of us who favor free market solu- preservation of affordable housing throughout IN THE HOUSE OF REPRESENTATIVES tions to pollution and high gas prices. I urge my colleagues to support this legislation. the country. Tuesday, July 8, 2008 In addition, the House has passed legisla- f tion that increases the loan limits for govern- Mr. MURPHY of Connecticut. Madam A TRIBUTE TO MATTIE STEPANEK ment-backed loans, helps homeowners in speaker, I rise today to celebrate the life of trouble refinance their home loans and to pro- Jason Dale Lewis, who was killed in combat vide funding to revitalize neighborhoods where just over a year ago on July 6, 2007, in Bagh- HON. CHRIS VAN HOLLEN foreclosures have been rampant, and to mod- dad. Petty Officer 1st Class Lewis called OF MARYLAND ernize and expand the Low-Income Housing Brookfield, Connecticut, his home, along with IN THE HOUSE OF REPRESENTATIVES his wife Donna and their three children. Tax Credit. Tuesday, July 8, 2008 We have more work to do in Congress and Just 30 years old, Petty Officer 1st Class it will probably require an administration with a Lewis was a uniquely skilled member of an Mr. VAN HOLLEN. Madam Speaker, I am greater commitment to addressing the afford- elite Navy SEAL unit. Highly decorated, he honored to pay tribute today to Mattie able housing crisis in the U.S. But we should earned the Navy and Marine Corps Com- Stepanek, an extraordinary young man who all be grateful to NAHRO and their partners for mendation Medal, the Navy and Marine Corps touched thousands of people with his mes- sounding the alarm and raising awareness Achievement Medal, the Navy ‘‘E’’ ribbon, two sages of hope and peace. both in the Congress and around the country. Good Conduct Medals, the Navy and Marine Mattie was afflicted with dysautonomic They make our jobs much easier. Corps Overseas Service ribbon, the Expert Ri- mitochondrial myopathy, a form of muscular I look forward to continuing to work with the fleman Medal, and the Expert Pistol Shot dystrophy, which took his life at age 13 in Housing America Campaign as we fight for af- Medal. Petty Officer 1st Class Lewis was truly 2004. Despite his illness, Mattie dedicated his fordable housing opportunities for every family an elite among elites. life to promoting hope, peace and tolerance in this country. A year has passed since Jason left us. But through his role as a national goodwill ambassador for the Muscular Dystrophy Association f the example he set, for his family, for his community, and for his Nation, will last forever. and through his advocacy for people with dis- RECOGNIZING MR. JACK HOPKINS Our society is beset by those who live lives abilities through his inspiring words of poetry. defined by unmet, wasted potential. That Mattie is remembered for his kindness, HON. FRED UPTON wasn’t a problem for Jason. He knew how grace and vitality. He saw his disease not as OF MICHIGAN great he could be, as a man, as a father, and a hindrance but as a vehicle to reach out to IN THE HOUSE OF REPRESENTATIVES as a SEAL. And in 30 short years, he the hearts of many. He shared his message of achieved that greatness. peace and tolerance with school children, Tuesday, July 8, 2008 As Americans, we hold dear the values of business leaders, medical personnel, religious Mr. UPTON. Madam Speaker, I rise today in honor, courage and commitment. Petty Officer groups and so many others throughout the recognition of Mr. Jack Hopkins of Kalamazoo, 1st Class Lewis embodied those characteris- world. Indeed, his message touched people of

VerDate Aug 31 2005 04:42 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.033 E08JYPT1 smartinez on PROD1PC64 with REMARKS E1408 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2008 all ages, races, nationalities, faiths, abilities HONORING ALBERT CAREY movement like ‘‘We Shall Not be Moved,’’ ‘‘Lift and aspirations. He lived by the words of his CASWELL Every Voice and Sing,’’ and ‘‘We Shall Over- timeless philosophy, ‘‘Remember to play after come,’’ were sung by all and served as uniters every storm.’’ HON. MARILYN N. MUSGRAVE rather than dividers. Many of the most celebrated musicians in Mattie is being remembered in my congres- OF COLORADO the history of Jazz, Soul and Blues were Afri- sional district this week, which has been pro- IN THE HOUSE OF REPRESENTATIVES can Americans; Lena Horn, Billie Holiday, claimed ‘‘Mattie Stepanek Week’’ by the city of Tuesday, July 8, 2008 Charlie Parker, Miles Davis, Duke Ellington Rockville, Maryland. The week’s primary event and John Coltrane are all legends in their own is the second annual Heartsongs Swim, Mrs. MUSGRAVE. Madam Speaker, I rise right and have brought innovation and hosted by the Rockville Municipal Swim Cen- today to honor Albert ‘‘Burt’’ Carey Caswell, freshness to music that continues to inspire ter, which will raise money to expand the who for 22 years has been giving tours of our musicians today. handicapped accessibility of the Mattie J.T. Capitol building. Burt Caswell was born in Baltimore, MD, in Black music is much more than words and Stepanek Park in Rockville and for the com- rhythm: it is an encapsulation and reaffirma- pletion of statues of Mattie and his service dog 1953. He graduated from the University of Maryland and obtained a master’s degree in tion of a cultural identity that was formed out Micah, which will be installed and dedicated of years of struggle and triumph. It is distinc- this fall in the park. education from Bowie State. Mr. Caswell went on to teach physical education, health, and tive in the way that it uplifts the spirit and en- Madam Speaker, I am honored to remem- science to K–6th graders in a private school in thralls the intellect. We must recognize that ber with fondness and humility Mattie Washington, DC. He also served as the as- black music has served for generations as Stepanek, an ambassador of peace for all hu- sistant lacrosse coach at the University of more than a pastime; it has been a source of manity, and to join my constituents in com- Maryland for 5 years. strength and inspiration for a brighter future. memorating Mattie Stepanek Week in Rock- In 1986, Mr. Caswell joined the Capitol f ville, Maryland. Guide Service. Burt is well known by members HONORING MERCY SISTERS ON and staff for the enthusiasm he brings to his 10TH ANNIVERSARY OF CASA f work, and for his love for members of the United States military. For approximately 14 HON. HENRY CUELLAR IN RECOGNITION OF REVEREND years, he has given personal Capitol tours to OF TEXAS CLANSTON SEYMORE UPON HIS injured soldiers from Walter Reed Army Hos- IN THE HOUSE OF REPRESENTATIVES 40TH ANNIVERSARY AS PASTOR pital. Several times each week, Burt picks up OF GREATER PEACE MIS- soldiers in the evenings to give them tours in Tuesday, July 8, 2008 SIONARY BAPTIST CHURCH his free time. Mr. CUELLAR. Madam Speaker, I rise today Another demonstration of Mr. Caswell’s love to honor the Sisters of Mercy on the 10th an- for his country is his poetry. He has written niversary of their establishment of Casa de HON. JEFF MILLER numerous works on various patriotic themes. Misericordia (CASA), a shelter that provides OF FLORIDA His poems pay homage to soldiers, Members safety, planning, education, and support for IN THE HOUSE OF REPRESENTATIVES of Congress, and the Capitol building. His elo- victims of domestic violence and their children. quent tribute to Martin Luther King, titled ‘‘A In 1997, Sister Rosemary Welsh and her Tuesday, July 8, 2008 King Among Men,’’ was printed in the CON- staff of health care providers from Mercy Pri- GRESSIONAL RECORD in 2002. mary Health Care Programs recognized the Mr. MILLER of Florida. Madam Speaker, on Mr. Caswell’s enthusiasm for the Capitol is lack of existing community support for victims behalf of the United States Congress, it is an an extension of his passion for life. He is the of domestic violence and their children in La- honor for me to rise today in recognition of proud father of Jennifer Maxine Caswell, and redo, Texas. A starting grant and local com- Reverend Clanston Seymore upon his 40th according to him, ‘‘The greatest thing in my munity support enabled them to open the anniversary as pastor of Greater Peace Mis- life is my daughter.’’ doors of Casa de Misericordia. The shelter sionary Baptist Church. I want to thank Burt for 22 tears of service provides court accompaniment, assistance For the past 40 years, Reverend Seymore to our Capitol, and for his sacrificial love for with VAWA (Violence Against Women Act) ap- has been passionately committed to his com- the men and women of our armed services. plications, and takes in victims of domestic vi- munity. Prior to serving as the fourth pastor of f olence and their children, not just from Webb Greater Peace Missionary Baptist Church, County, but from other counties and states as Reverend Seymore had already ministered SUPPORTING THE GOALS AND well. five other churches. He was ordained in 1965 IDEALS OF BLACK MUSIC MONTH CASA obtained independent non-profit sta- and immediately began what he knew was his tus by becoming a 501(c)3 in 1999, and be- calling. SPEECH OF came an annual contracting agency with the His dedication to the area has resonated in HON. CHARLES B. RANGEL State (TDHS) in 2001. CASA received funds leadership positions in civic activities as well OF NEW YORK from the United Way and from the Office of as community service projects. From 1975 to IN THE HOUSE OF REPRESENTATIVES the Attorney General. It is due to the efforts of Sisters of Mercy and to the hardworking staff 1977, Reverend Seymore served as president Monday, June 23, 2008 of the Okaloosa County branch of the National that CASA has been able to help thousands of Association for the Advancement of Colored Mr. RANGEL. Madam Speaker, I rise today victims of domestic violence and their children. People, NAACP. Additionally, multiple commu- to acknowledge the tremendous contributions CASA is committed to involving the community nity outreach organizations have taken root of black music to American culture. From in changing the perception of domestic vio- through the efforts of Reverend Seymore, in- times of slavery to the Civil Rights Movement, lence, and has dozens of volunteers from La- cluding Community Love Center of Fort Wal- Black music has served the Black community redo Community College, Texas A&M Inter- ton Beach, Florida, and Positive Encourage- as a source of inspiration and strength and national University, and local high schools in ment and Character Enhancement, PEACE. continues to serve as a narrative of Black His- raising awareness about the mission behind Reverend Seymore also serves as an advisor tory and culture. CASA through the new Lamar Bruni Vergara to the Martin Luther King Holiday Celebration Spirituals that grew from the cries of slaves Education Center, which was opened in 2004. Committee. have evolved over hundreds of years to the The Education Center provide counseling, Gospel, Soul, R&B, Jazz, Blues, and Rock & support groups, educational classes, and sum- The civic duties Reverend Seymore has Roll we know today. Black music is enjoyed mer activities to members of the community performed, as well as his outstanding tenure by the larger community in the U.S. and by an who suffer from domestic violence but do not as pastor of Greater Peace Missionary Baptist ever larger global community. need shelter services. Church, is a reflection of his dedication to the Black music was and continues to be a tool Madam Speaker, I am honored to have had First District of Florida. to reveal the very soul of the black man to the this time to recognize the dedication of Sister Madam Speaker, on behalf of the United rest of America. In times of division and hate, Rosemary Welsh and the Sisters of Mercy, States Congress, I am proud to honor Rev- black music was one of the few cultural arti- and their staff, on the 10th anniversary of the erend Seymore for his enduring allegiance to facts that was shared with all Americans. establishment of Laredo’s only domestic vio- our great Nation and the State of Florida. ‘‘Freedom Songs’’ used during the civil rights lence shelter, Casa de Misericordia.

VerDate Aug 31 2005 04:42 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A08JY8.037 E08JYPT1 smartinez on PROD1PC64 with REMARKS July 8, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1409 A TRIBUTE TO THE LIFE OF HONORING THE LIFE AND SERVICE Humanities. She was also talented in playing YOSHITO TAKAHASHI OF KATHLEEN CEPEDA the guitar. Her music was an important part of SARMIENTO her ministry and a means for reaching out to young people and senior citizens. HON. JIM COSTA HON. MADELEINE Z. BORDALLO Kathleen has been recognized for her many OF CALIFORNIA OF GUAM achievements. She has been honored through IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES the Marquis Who’s Who Publications Board; Who’s Who in American Education; 1991 Out- Tuesday, July 8, 2008 Tuesday, July 8, 2008 standing Young Women of America; 1990 Ms. BORDALLO. Madam Speaker, I rise Governor’s Art Awards Program; Service Mr. COSTA. Madam Speaker, I rise today to today to honor Kathleen Cepeda Sarmiento for Award from the Department of Parks and pay tribute to the life of a special man, Yoshito her lifelong service to Guam’s community. Recreation; and the Special Olympics. Takahashi of Fresno, California. Yoshito re- Kathleen, daughter of Jose Babauta Kathleen Cepeda Sarmiento will be remem- cently passed away at the age of 88 years Sarmiento and Maria Cepeda Sarmiento, was bered for her dedication and commitment to old. He leaves behind his loving wife of 61 an educator who influenced many young peo- young people and her service to our commu- years Yoshiye, three children and three grand- ple in Guam since 1981. We honor her for her nity. The people of Guam join her religious children. dedication to her religious community and community, her family and friends in honoring Mr. Takahashi was born on June 16, 1920 service to our community. her and remembering her contributions as an at his family farm in Clovis, California where In 1976, Kathleen graduated from the Acad- educator and community leader. he lived all his life. He was the eldest son of emy of Our Lady of Guam, and subsequently f eight children of Yoshibei and Shizuyo attended the College of San Mateo in Cali- Takahashi, Issei immigrants from Japan. He fornia. She returned to Guam to begin her ca- INTRODUCTION OF RESOLUTION attended Clovis Grammar School and grad- reer as an educator. At this time, she also HONORING THE OREGON NA- uated from Clovis High School. made the decision to become a member of TIONAL GUARD YOUTH CHAL- During the outbreak of World War II, Yoshito the Catholic religious order of the Sisters of LENGE PROGRAM and his family were sent to a U.S. Internment Mercy as Sister Mary Kathleen Cepeda camp in Poston, Arizona, where they re- Sarmiento. HON. EARL BLUMENAUER mained until 1945. Upon returning home to Kathleen pursued a Bachelor of Arts degree OF OREGON Clovis, Yoshito and his brother Ted went into in Education from the University of Guam, and IN THE HOUSE OF REPRESENTATIVES farming together. Takahashi Farms was born, graduated Magna Cum Laude in 1986. In Tuesday, July 8, 2008 becoming a recognized brand in the Fresno- 1995, she graduated from the University of Clovis metropolitan area. In addition to raising San Francisco with a Master of Arts degree in Mr. BLUMENAUER. Madam Speaker, I am stone fruit, melons, vegetables, and berries, School Administration. introducing this resolution to honor an organi- the brothers were also engaged in a custom Kathleen served in several positions within zation committed to the Oregon ideals of lead- grape harvesting business. Yoshito continued Guam’s private Catholic school system, all cul- ership, self-reliance, and fortitude. For nearly to farm with his brother until 1992 when he re- minating into her role as a leader to both 15 years the Oregon National Guard Youth tired. Yoshito was a member of the Fresno teachers and students. She taught Theology Leadership Challenge Program has served the County Farm Bureau, the Central California and Art at the Academy of our Lady of Guam, State by promoting self-confidence and fellow- Freestone Peach Association and Treasurer of Bishop Baumgartner Junior High School, and ship among at-risk youth. More than 3,500 Or- the Nisei Farmers’ League. He was also a finally at Saint Anthony School. During the lat- egonians likely to drop out of high school or supporter of the Central California Nikei Serv- ter part of her life, Kathleen served as Vice engage in destructive behavior have entered ice Center for seniors. Principal and Principal of St. Augustine School this free and voluntary program. I’m pleased to Yoshito was an active member of his in Laredo, Texas. say that the majority of these cadets have Kathleen was an innovator. At Saint An- church, the community, and many professional gone on to graduate the program and earn a thony School on Guam, she initiated the After and civic organizations. He served as presi- high school degree or its equivalent. School Extended Care Program allowing student of the Fresno Buddhist Church, Sec- This program has made a positive dif- dents greater opportunities for enhancing their retary-Treasurer of the Clovis District Coordi- ference in countless lives and communities. educational interests. She implemented the nating Council, the Clovis High School Agri- This tremendous success has garnered the Rainbows Program to help students with so- culture Advisory Committee, Director of the Oregon Program high praise, including the cial and emotional difficulties. She also pro- Clovis Chamber of Commerce, and he served United Service Organizations’ (USO) award for moted the Student Cultural Exchange Program on the Board of Directors with the Fresno ‘‘Best Overall Program’’ in 2007, 2003, and with students of Ako City, Japan and the County Cancer Society, Fresno Community 2001. Chamorro language and culture program. Hospital, Community Medical Foundation and Oregonians have a great deal to be proud Kathleen helped to develop the academic the Clovis Rotary Club. He was the Founding of. We are proud of these cadets, who are de- strengths of students by encouraging their par- Director of the Community Hospitals of Central termined to succeed despite adversity, and of ticipation in extracurricular activities. Under her California and Co-Chairperson of the Clovis our National Guard, which draws strength from guidance, her students excelled in the Aca- Unified School District Foundation. our communities and gives back so much. It is demic Challenge Bowl, Spelling Bee, Geog- my hope that our Nation will learn from the ex- Yoshito’s community involvement was felt raphy Bee, Math Olympiads, Best of Carols ample provided by the Youth Challenge Pro- throughout the valley and was recognized by Program, and several competitions in art, gram and will be inspired by Oregon’s suc- many. In 1977, he was named Clovis ‘‘Citizen essay, and speech. Her leadership and em- cess. of the Year’’ and, in 1979 he was inducted in phasis on academic performance contributed f the Clovis Hall of Fame for his longstanding to the accreditation of Saint Anthony School support and service to the community at large. by the Western Association of Schools and HONORING COLONEL PAUL J. Yosihto’s strong community ties and service- Colleges. At St. Augustine High School, Kath- KENNEDY centered activities led him to receive regular leen was credited for enhancing the fine arts recognitions by numerous local leaders as well program. She helped to advance information HON. DAVID DREIER as state and federal representatives. technology at the school by implementing a OF CALIFORNIA It goes without saying that Mr. Yoshito laptop ‘‘lease-to-own’’ program for high school IN THE HOUSE OF REPRESENTATIVES Takahashi was a humble man and as well as students and by encouraging teachers to inte- a forever farmer at heart. His love for the out- grate more technology into their lessons. Tuesday, July 8, 2008 doors led him to places such as the nearby Si- Kathleen was blessed with many talents. Mr. DREIER. Madam Speaker, today I erras and many destinations abroad. I am Her artistic and musical abilities were appre- would like to honor Colonel Paul J. Kennedy. honored and humbled to join his family in ciated throughout the community. As a visual Colonel Kennedy is taking command of the celebrating the life of this amazing man. His artist, her work was featured in numerous dis- Second Marine Regiment, Second Marine Di- presence will be missed in our community and plays such as the American Cancer Society vision, Camp Lejeune North Carolina on July by many others whose lives he so graciously Art Auction, Guam Micronesia Island Fair, and 17, 2008 after serving two years as the Direc- touched. displays by the Guam Council on the Arts and tor of the Marine Corps House Liaison Office.

VerDate Aug 31 2005 04:42 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.042 E08JYPT1 smartinez on PROD1PC64 with REMARKS E1410 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2008 Since June 2006, he has very ably served as mendation Medals and the Combat Action IN RECOGNITION OF NATIONAL a direct link between the Marine Corps and Ribbon. HIV TESTING DAY the House of Representatives, providing Mem- bers of this body the information necessary to f HON. STEPHANIE TUBBS JONES effectively equip, maintain and support the OF OHIO United States Marine Corps, and ultimately HONORING CAPTAIN SILVESTER R. IN THE HOUSE OF REPRESENTATIVES provide and ensure the nation’s security. I DEL ROSARIO, THE HIGHEST know that everyone of my colleagues who had RANKING DOMINICAN AMERICAN Tuesday, July 8, 2008 the pleasure of working with him shares the IN THE UNITED STATES NAVY Mrs. JONES of Ohio. Madam Speaker, I deep respect I have come to hold for Colonel rise today in recognition of National HIV Test- Kennedy, and has trusted his straightforward ing Day, celebrated on Sunday, June 27th, and dependable assistance. His candor and HON. ROBERT E. ANDREWS 2008. Every year, the National Association of knowledge have been key in maintaining su- People with AIDS (NAPWA) and the Center OF NEW JERSEY perb relationships on both sides of the Poto- for Disease Control (CDC) work in conjunction mac. He has demonstrated a unique ability to IN THE HOUSE OF REPRESENTATIVES to sponsor National HIV Testing Day. This translate the language of the House of Rep- year, National HIV Testing Day used the slo- Tuesday, July 8, 2008 resentatives to the language of the Marine gan: ‘‘Take the test, take control’’. National Corps and vice versa, enabling him to provide Mr. ANDREWS. Madam Speaker, I rise HIV Testing Day is used to provide vital infor- Members of Congress with a keen under- today to honor Silvester R. Del Rosario for be- mation about the HIV/AIDS epidemic, educate standing of the issues that affect the men and coming the first Hispanic Aviation Limited Duty people on the affect it has on an individual women who wear a Marine uniform. and on the community, help decrease the Over the course of two very busy years, Officer in the United States Navy to achieve the rank of Captain. This promotion makes Mr. number of newly infected Americans with HIV/ Colonel Kennedy successfully planned, coordi- AIDS by increasing the availability of HIV tests Del Rosario the highest ranking Dominican nated and escorted over 30 international and and encourage individuals to seek voluntary American in the United States Navy. domestic Congressional and Staff Delegations. counseling. I had the opportunity to work closely with the Captain Del Rosario was born and raised in Worldwide, there are 14,000 new HIV/AIDS Colonel on many of these Congressional Dele- Santo Domingo, Dominican Republic. He cases daily and a total of 22 million people gations as part of the House Democracy As- moved to Queens, New York at the age of 17 who have died from the epidemic. As the sistance Commission, as we have worked to and enlisted in the U.S. Navy in 1976. After number of people living with HIV/AIDS in the strengthen legislatures in emerging and re- basic training, he was rapidly promoted from U.S. today increases, it is crucial to acknowl- emerging democracies around the world. ‘‘striker’’ to Aviation Structural Mechanic Chief edge the significance of knowing your HIV/ HDAC works directly with the Members and Petty Officer. His first assignment was to AIDS status. Every year, 40,000 Americans staff of these institutions, and our Members Naval Air Station Keflavik, Iceland where he are newly infected with the disease and ap- must travel to places as diverse as Afghani- trained in structures, hydraulic, and flight con- proximately 1,200,000 people in the U.S. are stan, Mongolia and East Timor to conduct living with HIV/AIDS. Twenty-five percent of these programs. The technical and logistical trol systems. Mr. Del Rosario was subsequently moved to the prestigious Navy Flight them are unaware of their positive status. support he provided in traveling often to re- Over time, as scientific developments mote or dangerous regions ensured that our Demonstration Squadron ‘‘Blue Angels’’ Naval Air Station in Pensacola, Florida. around HIV/AIDS have progressed, HIV/AIDS delegations were always conducted safely; is no longer a death sentence, but can be professionally and effectively, and afforded us In 1990, Captain Del Rosario was selected treated with proper medical care. Although the the ability to focus entirely on the quality of to serve as Officer-in-Charge for the VP–45 positive diagnosis of HIV/AIDS is life altering, our programs with these legislatures in bur- Detachment at Cecil Field, Florida where he everyone deserves to know their status—for geoning democracies. But just as important earned distinction when he was honored as themselves, their partner, and their family. were his insights into conflict and post-conflict ‘‘1990 Maintenance Officer of the Year’’ by the Worldwide, the HIV/AIDS epidemic carries a regions, based on his first-hand observations Association of Naval Aviation. Over the course negative stigma that results in societal dis- from the field. They were an invaluable asset of two tours to the Mediterranean and North approval and rejection. As a country and com- to our delegations. Arabian Gulf, he was awarded the ‘‘LTJG Clint munity, we need to stand together and fight Colonel Kennedy also took a number of del- Neidecken’’ award for leadership, selected by this disease to provide a healthier America for egations to Iraq and Afghanistan, helping to Strike Fighter Wing, U.S. Atlantic Fleet as the generations to follow. educate Members of Congress on the suc- ‘‘1993 Maintenance Officer of the Year’’ and On behalf of the people of the 11th Con- cesses and challenges facing our service men gressional District in Ohio and the United and women who are currently in harm’s way. honored as the 1994 COMNAVAIRLANT ‘‘Capt. Charles J. Nechvatal Aviation Mainte- States Congress, I extend my condolences to Due to his professionalism, dedication, experi- the friends and family of people who have lost ence and knowledge, Colonel Kennedy be- nance Officer of the Year’’. Under Captain Del Rosario’s management, the Naval Air Mainte- a loved one to the disease. As we stand to- came the most sought-after military escort for gether as Americans, we can make a dif- nance Training Unit Norfolk won the 2002 delegations traveling into Central Command. ference, we can save a life. He has made lasting contributions to the Bronze Hammer Award, the 2002 NETC f House of Representatives. I wish the Colonel Training Excellence Award, and the 2002 the very best as he pursues other duties with- NETC Retention Award. In 2003, his com- A TRIBUTE TO TIMOTHY RUSSERT in the Marine Corps. He will be missed tre- mand was recognized by the U.S. Secretary of BY WILLIAM O’SHAUGHNESSY mendously. Education as a nationally accredited institu- Colonel Kennedy’s 23 years of service have tion. HON. NITA M. LOWEY included: Executive Officer of a Weapons Over his long career Captain Del Rosario OF NEW YORK Company; Instructor at The Basic School and IN THE HOUSE OF REPRESENTATIVES the Infantry Officer Course in Quantico, Vir- has won many awards, including four Meri- ginia; a Weapons Company Commander and torious Service Medals, five Navy Commenda- Tuesday, July 8, 2008 Battalion Operations Officer in Camp Pen- tion Medals, four Navy Achievement Medals, three Navy Good Conduct Medals, Navy Rifle Mrs. LOWEY. Madam Speaker, I rise today dleton; Recruiting Station Commander in San to honor Timothy Russert by submitting for the and Pistol Expert Medals, and various service Francisco, California; Plans Officer for Pre-Op- record a tribute to him by the Buffalo, New campaign and unit decorations. In light of his eration Iraqi Freedom and Plans/Future Oper- York native, William O’Shaughnessy on June considerable achievement, it is fitting that Mr. ations Officer for the First Marine Division dur- 16, 2008. ‘‘A Death in the Family’’ was broad- Del Rosario was promoted to the rank of Cap- ing Operation Iraqi Freedom; Battalion Com- cast on WVOX and WVIP in New York. tain on Thursday, July 3rd, 2008. Captain Del mander for Operation Iraqi Freedom II; and Di- A DEATH IN THE FAMILY Rosario is an exceptional role-model for young rector of the House of Representatives, Ma- And although we were in the care and rine Corps Liaison Office. Colonel Kennedy Americans considering a career in the United keeping of the German Jesuits some ten has received the Legion of Merit with combat States Armed Forces. I congratulate him on years apart, Russert and I both got whacked ‘‘V’’, Bronze Star, two Meritorious Service this achievement and wish him the best of upside the head by the same worn old leather Medals, two Navy and Marine Corps Com- luck in his future endeavors. prayer book belonging to the Reverend John

VerDate Aug 31 2005 04:42 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A08JY8.045 E08JYPT1 smartinez on PROD1PC64 with REMARKS July 8, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1411 Sturm, SJ., who took most seriously his himself reminded us, ‘‘Tim never forgot The newsman-journalist known as Tim title and high estate: Prefect of Discipline. where he came from and he never let us for- Russert has been mourned by millions and Father John was built like a fireplug. And get it either . . . and we loved him for it.’’ eulogized in all the journals and periodicals although an equal opportunity discipli- He would summer on Nantucket and go to in the land. But the most exquisite tribute, narian, he made Timmy Russert his favorite parties at Sally Quinn’s in Washington. But and probably the one he would have liked the charge almost from the minute he first en- Russert never denied his roots in Buffalo. most came from Michelle Spuck, a waitress countered the personable Irish youngster There was a realness about him, a genuine- at Bantam Pizza in the Litchfield hills, who from South Buffalo with the bright eyes and ness, on and off the air. told a customer over the weekend, ‘‘I’m so easy smile. That was back in the 60’s and A few summers ago, Russert was the main sad about this . . . I never met him . . . but they have been friends ever since. Canisius speaker at an important conference of the I knew him.’’ has turned out federal judges named Crotty New York State Broadcasters Association up He died in front of a microphone. and Arcara, political power brokers like Joe at Bolton Landing on Lake George. After his This is Bill O’Shaughnessy. talk he was persuaded by our mutual friend Crangle, big car dealers, stellar athletes in- f cluding a few Holy Cross and Notre Dame Joe Reilly, the head of the broadcasters in quarterbacks, and doctors and lawyers of the Empire State, to linger and give out the RECOGNIZING ACCOMPLISHMENTS great renown. The Jesuits spotted Russert’s Association’s Awards for Excellence . . . even OF TOMMIE ANN GIBNEY beguiling potential early on. Even then they as an NBC plane waited on the tarmac at the knew. nearby Glens Falls airport to rush him back He would go back to Buffalo over the years to Washington. HON. PHIL ENGLISH to see his father and during summers better There were many awards and citations in OF PENNSYLVANIA than this one Tim Russert would sit at Cole’s every category. But Russert was his usual IN THE HOUSE OF REPRESENTATIVES generous self and so he stayed late into the bar in the Elmwood section to talk sports Tuesday, July 8, 2008 over a beer and a ‘‘beef on a weck,’’ Buffalo’s night as the awards presentations wore on. legendary version of roast beef, a steamship And when it was announced that your own Mr. ENGLISH of Pennsylvania. Madam round of which was personally carved by the WVOX had won the designation for ‘‘Best Speaker, I want to bring to the attention of my Editorials in New York State’’ (which we bartender and then piled on a Kimmelweck colleagues the important accomplishments of roll covered with salt to be dipped in Heinz clearly did not deserve), Russert arched his eyebrows and the Irish eyes twinkled as my Tommie Ann Gibney. Ms. Gibney is a shining Ketchup. The music in the air on those example of a woman who tries hard and suc- nights was provided by ancient tapes of Fred son David and I advanced to the front of the ballroom to receive our award. Klestine’s old radio programs from the 50’s ceeds brilliantly. She does it all. She is a pro- As we posed for the cameras and the flash- and 60’s which survive to this day at Cole’s. fessional, a distinguished attorney, friend of bulbs popped, Tim asked, sotto voce, ‘‘How’s They would order another Simon Pure beer many, wife, mother, and in June of this year Mario? . . . how’s Nancy? . . . how are the or a Carling’s ale and talk about the rich kids? . . . how’s the station?’’ And now as Ms. Gibney will add president. She will be one girls who went to ‘‘The Mount,’’ a boarding my mind drifts back on this weekend after of only three women to ever hold the pres- school, and about Johnny Barnes, the old he died, I wonder if I remembered to inquire tigious position as president of the Association Canisius High football coach and sometimes about his own welfare? I hope so, but I doubt of Trial Lawyers of America/New Jersey, an about Cornelius MacGillicudy, a favorite it, given that heady moment in the spot- teacher who owned a bar in the Parkside sec- organization of over 2100 attorneys, para- lights. But he remembered. tion over near Delaware Park. legals, law clerks and law school graduates Russert then thoughtfully pulled away my who protect New Jersey families by advo- He never lost touch with the Jesuits. And son David for a shot with just the two of just a few weeks ago, Father Sturm, now in them . . . and said, again on the QT, while cating for safer products and workplaces, a his 90’s, sent out invitations to a scholarship still smiling for the cameras, ‘‘How the hell cleaner environment, and quality health care. luncheon in his own honor with the obliga- did your old man win this damn thing . . . it Ms. Gibney attended Seton Hall University ´ ´ tory picture of his protege Tim Russert on must have been by shear guile! Or did Cuomo for her undergraduate, graduate, and law the cover. write it for him?’’ As the two of them school degrees. As an associate at Andres Before his dazzling work on television cracked up with laughter, no one in the audi- which made him famous, Tim labored in the and Berger in Haddonfield, New Jersey, Ms. ence of more than 500 had a clue what they Gibney fights tirelessly for victims of nursing service of the two brightest minds in public were chuckling about. life during our time: Daniel Patrick Moy- James O’Shea, who owns The West Street home abuse and neglect. She volunteers her nihan and the estimable Mario M. Cuomo. Grill, a high class saloon in Litchfield, Con- services and vast legal knowledge to Trial Someone said yesterday on television: ‘‘He necticut (he much prefers the designation Lawyers Care, 9–11 Legal Assistance, and to wasn’t exactly a pretty boy.’’ With his ‘‘fine dining establishment’’) called while I the Hyacinth Aids Foundation. She is a role cheeks and jowls, Russert was the complete was thinking about all this. According to model for all law professionals both in and antithesis of all the hyper, vacuous ‘‘talking O’Shea, ‘‘Russert possessed the genius of the heads’’ and all the bimbos—male as well as outside of the courtroom. My congratulations Irish. Just say he was Irish. People will know to Tommie Ann Gibney and her family. female—who sit each day in those anchor what that means. He was Irish!’’ As O’Shea chairs praying the teleprompter doesn’t fail provides libation and sustenance for the f lest they be forced to utter something more likes of Philip Roth, Rex Reed, Jim Hoge, SUNSET MEMORIAL profound than ‘‘absolutely!’’ Bill vandenHeuvel, Rose Styron, George Only Chris Matthews was his equal in Clooney, Peter Duchin and Brooke Hayward terms of depth and intelligence. And maybe . . . I will bow to his wisdom. Russert did in- HON. TRENT FRANKS Jon Meacham or Lawrence O’Donnell or deed have the genius of the Irish. OF ARIZONA Peggy Noonan. George Stephanopoulos can Nancy and I would see him around town of IN THE HOUSE OF REPRESENTATIVES hold his own in front of a camera (and in an evening, when he would come up from front of George Will). And classy Deborah Washington to do some business at the NBC Tuesday, July 8, 2008 Norville has a brain. While among the Universal mother ship at Rockefeller Center Mr. FRANKS of Arizona. Madam Speaker, I youngsters coming up—William ‘‘Billy’’ or if one of us had to emcee a dinner. And no Bush and Chris Cuomo are bursting with in- matter how late the hour or how tired and stand once again before this House with yet telligence and promise. Ditto Bill Geist’s kid rumpled he appeared, it was always the another Sunset Memorial. Willy. And David Gregory and Tucker Carl- same: ‘‘How are the kids? . . . how are the It is July 8, 2008 in the land of the free and son are easy to take. Barbara Walters and stations doing? . . . how’s the gov?’’ the home of the brave, and before the sun set Diane Sawyer are class acts in any season. NBC delayed the news of his passing and today in America, almost 4,000 more defense- We’ve always liked Bob Scheiffer and Judy actually got scooped by the New York Post less unborn children were killed by abortion on Woodruff. And how can you not like Mike and the Times until someone from their shop demand. That’s just today, Madam Speaker. Barnicle and Joe Scarborough (but not the was retrieved to go and inform his wife girl with him, the one with the famous fa- Maureen Orth, their son Luke, and his be- That’s more than the number of innocent lives ther, who talks over everybody). And I hope loved father Big Russ. But who, I wonder, lost on September 11 in this country, only it Larry King, like Paul Harvey on the radio, had to knock on the door of the old priest in happens every day. goes on forever. Plus I still take pleasure in the Jesuit retirement house on Washington It has now been exactly 12,951 days since our infrequent sightings of Rather and Street up in Buffalo to tell Father John the tragedy called Roe v. Wade was first Brokaw. Sturm, S.J. Timmy Russert was gone? handed down. Since then, the very foundation Russert, however, operated on a level far I always thought Russert would have made of this Nation has been stained by the blood beyond most of them. And he didn’t need a wonderful politician himself or a great high tech production values or fancy over- teacher. Or even a priest. And with his sud- of almost 50 million of its own children. Some head lighting in an ultra-modern studio to den, untimely departure at 58, he probably of them, Madam Speaker, cried and screamed enhance and amplify his unique genius. He taught us one more lesson learned from the as they died, but because it was amniotic fluid was to network news what Mario Cuomo is old Jesuits: ‘‘You know not the hour . . . or passing over the vocal cords instead of air, we to public discourse. And as the great Cuomo the moment.’’ couldn’t hear them.

VerDate Aug 31 2005 04:42 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.048 E08JYPT1 smartinez on PROD1PC64 with REMARKS E1412 CONGRESSIONAL RECORD — Extensions of Remarks July 8, 2008 All of them had at least four things in com- The bedrock foundation of this Republic is human slavery and marched into Europe to ar- mon. First, they were each just little babies the clarion declaration of the self-evident truth rest the Nazi Holocaust; and we are still cou- who had done nothing wrong to anyone, and that all human beings are created equal and rageous and compassionate enough to find a each one of them died a nameless and lonely endowed by their Creator with the unalienable better way for mothers and their unborn ba- death. And each one of their mothers, whether rights of life, liberty and the pursuit of happi- bies than abortion on demand. she realizes it or not, will never be quite the ness. Every conflict and battle our Nation has Madam Speaker, as we consider the plight same. And all the gifts that these children ever faced can be traced to our commitment of unborn America tonight, may we each re- might have brought to humanity are now lost to this core, self-evident truth. mind ourselves that our own days in this sun- It has made us the beacon of hope for the shine of life are also numbered and that all too forever. Yet even in the glare of such tragedy, entire world. Madam Speaker, it is who we this generation still clings to a blind, invincible soon each one of us will walk from these are. Chambers for the very last time. ignorance while history repeats itself and our And yet today another day has passed, and And if it should be that this Congress is al- own silent genocide mercilessly annihilates the we in this body have failed again to honor that most helpless of all victims, those yet unborn. foundational commitment. We have failed our lowed to convene on yet another day to come, sworn oath and our God-given responsibility may that be the day when we finally hear the Madam Speaker, perhaps it’s time for those cries of innocent unborn children. May that be of us in this Chamber to remind ourselves of as we broke faith with nearly 4,000 more innocent American babies who died today without the day when we find the humanity, the cour- why we are really all here. Thomas Jefferson age, and the will to embrace together our said, ‘‘The care of human life and its happi- the protection we should have given them. So Madam Speaker, let me conclude this human and our constitutional duty to protect ness and not its destruction is the chief and Sunset Memorial in the hope that perhaps these, the least of our tiny, little American only object of good government.’’ The phrase someone new who heard it tonight will finally brothers and sisters from this murderous in the 14th Amendment capsulizes our entire embrace the truth that abortion really does kill scourge upon our Nation called abortion on Constitution. It says, ‘‘No State shall deprive little babies; that it hurts mothers in ways that demand. any person of life, liberty or property without we can never express; and that 12,951 days It is July 8, 2008, 12,951 days since Roe due process of law.’’ Madam Speaker, pro- spent killing nearly 50 million unborn children versus Wade first stained the foundation of tecting the lives of our innocent citizens and in America is enough; and that it is time that this Nation with the blood of its own children; their constitutional rights is why we are all we stood up together again, and remembered this in the land of the free and the home of the here. that we are the same America that rejected brave.

VerDate Aug 31 2005 04:42 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A08JY8.052 E08JYPT1 smartinez on PROD1PC64 with REMARKS Tuesday, July 8, 2008 Daily Digest Senate Chamber Action House Messages: Foreclosure Prevention Act—Agreement: Senate Routine Proceedings, pages S6371–S6449 agreed to the motion to concur in the amendments Measures Introduced: Six bills were introduced, as of the House of Representatives, striking Title VI follows: S. 3228–3233. Page S6441 through XI, to the amendment of the Senate to Measures Reported: H.R. 3221, to provide needed housing reform. Page S6448 H.R. 65, to provide for the recognition of the Senator Reid entered a motion to disagree to the Lumbee Tribe of North Carolina. (S. Rept. No. amendments of the House of Representatives, adding 110–409) a new title and inserting a new section to the S. 3230, making appropriations for the Depart- amendment of the Senate to the bill. Page S6448 ments of Labor, Health and Human Services, and Senator Reid entered a motion to concur in the Education, and related agencies for the fiscal year amendment of the House of Representatives, adding ending September 30, 2009. (S. Rept. No. 110–410) a new title to the amendment of the Senate to the Page S6441 bill with the following amendments proposed there- Measures Considered: to: FISA Amendments Act: Senate began consider- Pending: ation of H.R. 6304, to amend the Foreign Intel- Reid Amendment No. 5067 (to the motion to ligence Surveillance Act of 1978 to establish a proce- concur in the amendment of the House adding a dure for authorizing certain acquisitions of foreign new title to the amendment of the Senate), to intelligence, after agreeing to the motion to proceed, change the enactment date. Page S6448 Reid Amendment No. 5068 (to Amendment No. taking action on the following amendments proposed 5067), of a perfecting nature. Page S6448 thereto: Pages S6379–S6429 A motion was entered to close further debate on Pending: the motion to disagree to the amendments of the Bingaman Amendment No. 5066, to stay pending House, adding a new title and inserting a new sec- cases against certain telecommunications companies tion, to the amendment of the Senate to the bill, and provide that such companies may not seek retro- and, in accordance with the provisions of rule XXII active immunity until 90 days after the date the of the Standing Rules of the Senate, a vote on clo- final report of the Inspectors General on the Presi- ture will occur on Thursday, July 10, 2008. dent’s Surveillance Program is submitted to Con- Page S6448 gress. Pages S6398–S6407 Printing of Senator Helms Tributes—Agree- Specter Amendment No. 5059, to limit retro- ment: A unanimous-consent agreement was reached active immunity for providing assistance to the providing that the tributes to former United States United States to instances in which a Federal court Senator Jesse Alexander Helms, Jr., of North Caro- determines the assistance was provided in connection lina, in the Congressional Record be printed as a with an intelligence activity that was constitutional. Senate document and that Senators be permitted to Pages S6407–14, S6418–20 submit statements for inclusion until Friday, August Dodd Amendment No. 5064, to strike title II. 1, 2008. Page S6448 Pages S6427–29 Nomination Discharged: The following nomina- A unanimous-consent agreement was reached pro- tion were discharged from further committee consid- viding for further consideration of the bill at ap- eration and placed on the Executive Calendar: proximately 9:30 a.m., on Wednesday, July 9, 2008, Eric M. Thorson, of Virginia, to be Inspector and that there be an additional 10 minutes for de- General, Department of the Treasury, which was bate under the control of Senator Specter. Page S6448 sent to the Senate on November 15, 2007, from the D847

VerDate Aug 31 2005 04:45 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D08JY8.REC D08JYPT1 smartinez on PROD1PC64 with DIGEST D848 CONGRESSIONAL RECORD — DAILY DIGEST July 8, 2008 Senate Committee on Homeland Security and Gov- mittee consideration an original bill making appro- ernmental Affairs. Page S6449 priations for Energy and Water Development for the Messages from the House: Page S6435 fiscal year ending September 30, 2009. Measures Placed on the Calendar: WATER BILLS Pages S6371, S6435 Committee on Energy and Natural Resources: Sub- Executive Communications Pages S6435–41 committee on Water and Power concluded a hearing Additional Cosponsors: Pages S6441–43 to examine S. 2842, to require the Secretary of the Statements on Introduced Bills/Resolutions: Interior to carry out annual inspections of canals, Pages S6443–47 levees, tunnels, dikes, pumping plants, dams, and Additional Statements: Pages S6434–35 reservoirs under the jurisdiction of the Secretary, S. 2974, to provide for the construction of the Arkansas Amendments Submitted: Page S6447 Valley Conduit in the State of Colorado, H.R. 3323, Notices of Hearings/Meetings: Pages S6447–48 to authorize the Secretary of the Interior to convey Authorities for Committees to Meet: Page S6448 a water distribution system to the Goleta Water District, and S. 3189, to amend Public Law Privileges of the Floor: Page S6448 106–392 to require the Administrator of the West- Adjournment: Senate convened at 10 a.m. and ad- ern Area Power Administration and the Commis- journed at 7:54 p.m., until 9:30 a.m. on Wednes- sioner of Reclamation to maintain sufficient revenues day, July 9, 2008. (For Senate’s program, see the rein the Upper Colorado River Basin Fund, after remarks of the Acting Majority Leader in today’s ceiving testimony from Senator Allard; Robert W. Record on pages S6448–49.) Johnson, Commissioner, Bureau of Reclamation, De- partment of the Interior; Jennifer Gimbel, Colorado Committee Meetings Department of Natural Resources Water Conserva- tion Board, Denver; Dan Keppen, Family Farm Alli- (Committees not listed did not meet) ance, Klamath Falls, Oregon; Bill Long, Southeastern APPROPRIATIONS: ENERGY AND WATER Colorado Water Conservancy District, Las Animas. DEVELOPMENT Committee on Appropriations: Subcommittee on Energy and Water Development approved for full Com- h House of Representatives H.R. 1423, to authorize the Secretary of the Inte- Chamber Action rior to lease a portion of a visitor center to be con- Public Bills and Resolutions Introduced: 15 pub- structed outside the boundary of the Indiana Dunes lic bills, H.R. 6428–6442; 1 private bill, H.R. National Lakeshore in Porter County, Indiana, with 6443; and 7 resolutions, H. Con. Res. 388; and H. amendments (H. Rept. 110–737); Res. 1319–1324 were introduced. Pages H6228–29 H.R. 3981, to authorize the Preserve America Additional Cosponsors: Pages H6229–31 Program and Save America’s Treasures Program, Reports Filed: Reports were filed today as follows: with an amendment (H. Rept. 110–738); H.R. 415, to amend the Wild and Scenic Rivers H.R. 4199, to amend the Dayton Aviation Herit- Act to designate segments of the Taunton River in age Preservation Act of 1992 to add sites to the the Commonwealth of Massachusetts as a component Dayton Aviation Heritage National Historical Park, of the National Wild and Scenic Rivers System, with with an amendment (H. Rept. 110–739); an amendment (H. Rept. 110–735); H.R. 5741, to amend the High Seas Driftnet H.R. 1286, to amend the National Trails System Fishing Moratorium Protection Act and the Magnu- Act to designate the Washington-Rochambeau Revo- son-Stevens Fishery Conservation and Management lutionary Route National Historic Trail, with an Act to improve the conservation of sharks, with an amendment (H. Rept. 110–736); amendment (H. Rept. 110–740);

VerDate Aug 31 2005 04:45 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D08JY8.REC D08JYPT1 smartinez on PROD1PC64 with DIGEST July 8, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D849 H.R. 1485, for the relief of Esther Karinge (H. a visitor center for the Indiana Dunes National Lake- Rept. 110–741); shore, and for other purposes.’’. Page H6200 H.R. 2760, for the relief of Shigeru Yamada (H. Amending the Dayton Aviation Heritage Pres- Rept. 110–742); ervation Act of 1992 to add sites to the Dayton H.R. 5030, for the relief of Corina de Chalup Aviation Heritage National Historical Park: H.R. Turcinovic (H. Rept. 110–743); 4199, amended, to amend the Dayton Aviation Her- H. Res. 1317, providing for consideration of the itage Preservation Act of 1992 to add sites to the bill (H.R. 1286) to amend the National Trails Sys- Dayton Aviation Heritage National Historical Park, tem Act to designate the Washington-Rochambeau by a 2⁄3 yea-and-nay vote of 368 yeas to 18 nays, Revolutionary Route National Historic Trail (H. Roll No. 473; Pages H6189–91, H6200–01 Rept. 110–744); Maritime Pollution Prevention Act of 2008: H. Res. 1318, providing for consideration of the Agreed to the Senate amendment to H.R. 802, to bill (H.R. 5811) to amend title 44, United States amend the Act to Prevent Pollution from Ships to Code, to require preservation of certain electronic implement MARPOL Annex VI—clearing the meas- records by Federal agencies and to require a certifi- ure for the President; Pages H6191–96 cation and reports relating to Presidential records (H. Rept. 110–745); Cpl. John P. Sigsbee Post Office Designation Report on the Suballocation of Budget Allocations Act: H.R. 5975, to designate the facility of the for Fiscal Year 2008 (H. Rept. 110–746); United States Postal Service located at 101 West Report on the Revised Suballocations of Budget Main Street in Waterville, New York, as the ‘‘Cpl. Allocations for Fiscal Year 2008 (H. Rept. John P. Sigsbee Post Office’’; and Pages H6196–97 110–747); and Sergeant Paul Saylor Post Office Building Des- H.R. 6184, to provide for a program for circu- ignation Act: H.R. 6092, to designate the facility of lating quarter dollar coins that are emblematic of a the United States Postal Service located at 101 national park or other national site in each State, the Tallapoosa Street in Bremen, Georgia, as the ‘‘Ser- District of Columbia, and each territory of the geant Paul Saylor Post Office Building’’. United States (H. Rept. 110–748). Page H6228 Pages H6197–98 Speaker: Read a letter from the Speaker wherein she Recess: The House recessed at 4:18 p.m. and recon- appointed Representative Jackson (IL) to act as vened at 6:30 p.m. Page H6198 Speaker Pro Tempore for today. Page H6179 Moment of Silence: The House observed a moment Suspensions: The House agreed to suspend the rules of silence in honor of Clem Rogers McSpadden, and pass the following measures: former Member of Congress. Pages H6199–H6200 Shark Conservation Act of 2008: H.R. 5741, Senate Messages: Messages received from the Senate amended, to amend the High Seas Driftnet Fishing by the Clerk and subsequently presented to the Moratorium Protection Act and the Magnuson-Ste- House today appear on pages H6179–80. vens Fishery Conservation and Management Act to Senate Referrals: S. 3015 and S. 3082 were referred improve the conservation of sharks; Pages H6180–82 to the Committee on Oversight and Government Preserve America and Save America’s Treasures Reform; S. 3218 was referred to the Committee on Act: H.R. 3981, amended, to authorize the Preserve the Judiciary; and S. 2565 and S. Res. 608 were America Program and Save America’s Treasures Pro- held at the desk. Pages H6179–80, H6224–25 gram, by a 2⁄3 yea-and-nay vote of 360 yeas to 23 Quorum Calls—Votes: Three yea-and-nay votes de- nays, Roll No. 471; Pages H6182–87, H6199 veloped during the proceedings of today and appear Dorothy Buell Memorial Visitor Center Lease on pages H6199, H6200 and H6200–01. There Act: H.R. 1423, amended, to authorize the Secretary were no quorum calls. of the Interior to lease a portion of a visitor center Adjournment: The House met at 2 p.m. and ad- to be constructed outside the boundary of the Indi- journed at 10:45 p.m. ana Dunes National Lakeshore in Porter County, In- diana, by a 2⁄3 yea-and-nay vote of 376 yeas to 11 Committee Meetings nays, Roll No. 472; Pages H6187–89, H6200 Agreed to amend the title so as to read: ‘‘To au- CAPITOL VISITOR CENTER thorize the Secretary of the Interior to enter into a Committee on Appropriations: Subcommittee on Legisla- partnership with the Porter County Convention, tive Branch held a hearing on the Capitol Visitor Recreation and Visitor Commission regarding the Center. Testimony was heard from the following of- use of the Dorothy Buell Memorial Visitor Center as ficials of the Office of the Architect of the Capitol:

VerDate Aug 31 2005 04:45 Jul 09, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D08JY8.REC D08JYPT1 smartinez on PROD1PC64 with DIGEST D850 CONGRESSIONAL RECORD — DAILY DIGEST July 8, 2008 Stephen T. Ayers, Acting Architect; Bernard Ungar, report of the Committee on Rules, shall be consid- CVC Project Executive; and Terrie S. Rouse, CEO, ered as an original bill or the purpose of amendment Visitor Services, CVC; Phillip D. Morse, Sr., Chief, and shall be considered as read. The rule waives all U.S. Capitol Police; Terrell Dorn, Director, Physical points of order against the amendment in the nature Infrastructure Issues, GAO; and Peter Eveleth, Gen- of a substitute except clause 10 of rule XXI. eral Counsel, Office of Compliance. The rule makes in order only those amendments REDUCE DENTAL MERCURY EMISSIONS printed in part B of the report of the Committee on Rules. The amendments made in order may be of- Committee on Oversight and Government Reform: Sub- fered only in the order printed in the report, may committee on Domestic Policy held a hearing on As- be offered only by a Member designated in the re- sessing State and Local Regulations to Reduce Den- port, shall be considered as read, shall be debatable tal Mercury Emissions. Testimony was heard from for the time specified in the report equally divided Curt McCormick, former Administrator, Region 8, and controlled by the proponent and an opponent, EPA; Marc Smith, Deputy Director, Department of shall not be subject to amendment, and shall not be Environmental Protection, State of Massachusetts; subject to a demand for a division of the question and public witnesses. in the House or in the Committee of the Whole. All ELECTRONIC MESSAGE PRESERVATION points of order against the amendments except for ACT clauses 9 and 10 of rule XXI are waived. The rule Committee on Rules: Granted, by voice vote, a closed provides one motion to recommit with or without rule. The rule provides for one hour of general de- instructions. The rule provides that the Chair may bate on H.R. 5811, the Electronic Message Preserva- postpone further consideration of the bill to a time tion Act, equally divided and controlled by the designated by the Speaker. Testimony was heard by chairman and ranking minority member of the Com- Chairman Rahall. mittee on Oversight and Government Reform. f The rule waives all points of order against consideration of the bill except those arising under clause COMMITTEE MEETINGS FOR WEDNESDAY, 9 or 10 of rule XXI. The rule provides the amend- JULY 9, 2008 ment in the nature of a substitute recommended by (Committee meetings are open unless otherwise indicated) the Committee on Oversight and Government Re- form shall be considered as adopted and the bill, as Senate amended, shall be considered as read. The rule Committee on Agriculture, Nutrition, and Forestry: business waives all points of order against provisions of the meeting to consider the nominations of Walter Lukken, bill. of Indiana, to be Chairman, and Bartholomew H. The rule provides one motion to recommit with Chilton, of Delaware, and Scott O’Malia, of Michigan, or without instructions. Finally, notwithstanding the both to be a Commissioner, all of the Commodity Fu- tures Trading Commission, 11:30 a.m., S–241, Capitol. operation of the previous question, the Chair may Committee on Appropriations: Subcommittee on Transpor- postpone further consideration until a time des- tation, Housing and Urban Development, and Related ignated by the Speaker. Testimony was heard by Agencies, business meeting to consider proposed legisla- Representative Clay. tion making appropriations for the Department of Trans- WASHINGTON-ROCHAMBEAU portation, Department of Housing and Urban Develop- REVOLUTIONARY ROUTE NATIONAL ment, and related agencies for the fiscal year ending Sep- HISTORIC TRAIL DESIGNATION ACT tember 30, 2009, 10:30 a.m., SD–116. Committee on Banking, Housing, and Urban Affairs: to Committee on Rules: Granted, by a record vote of 8 to hold hearings to examine reducing risks and improving 3, a structured rule. The rule provides one hour of oversight in the OTC credit derivatives market, 2 p.m., general debate on H.R. 1286, the Washington-Ro- SD–538. chambeau Revolutionary Route National Historic Committee on Commerce, Science, and Transportation: to Trail Designation Act, equally divided and con- hold hearings to examine privacy implications of online trolled by the chairman and ranking minority mem- advertising, 10 a.m., SR–253. ber of the Committee on Natural Resources. Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard, to hold hearings to examine fishing safety, The rule waives all points of order against consid- focusing on policy implications of cooperatives and vessel eration of the bill except clauses 9 and 10 of rule improvements, 2:30 p.m., SR–253. XXI. The rule provides that the amendment in the Committee on Energy and Natural Resources: Subcommittee nature of a substitute recommended by the Com- on Public Lands and Forests, to hold hearings to examine mittee on Natural Resources now printed in the bill, S. 2443 and H.R. 2246, bills to provide for the release modified by the amendment printed in part A of the of any revisionary interest of the United States in and to

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certain lands in Reno, Nevada, S. 2779, to amend the formation: To What End? At What Cost? 2:30 p.m., Surface Mining Control and Reclamation Act of 1977 to 2212 Rayburn. clarify that uncertified States and Indian tribes have the Committee on Education and Labor, hearing on the Rising authority to use certain payments for certain noncoal rec- Cost of Food and Its Impact on Federal Child Nutrition lamation projects, S. 2875, to authorize the Secretary of Programs, 10 a.m., 2175 Rayburn. the Interior to provide grants to designated States and Committee on Energy and Commerce, Subcommittee on tribes to carry out programs to reduce the risk of live- Health, to mark up the following: H.R. 2851, Michelle’s stock loss due to predation by gray wolves and other Law; the Animal Drug User Fee Amendments of 2008; predator species or to compensate landowners for livestock and the Animal Generic Drug User Fee Act of 2008, 10 loss due to predation, S. 2898 H.R. 816, bills to provide a.m., 2123 Rayburn. for the release of certain land from the Sunrise Mountain Committee on Financial Services, Subcommittee on Capital Instant Study Area in the State of Nevada, S. 3088, to designate certain land in the State of Oregon as wilder- Markets, Insurance, and Government Sponsored Enter- ness, S. 3157, to provide for the exchange and conveyance prises, to mark up the following: H.R. 5840, Insurance of certain National Forest System land and other land in Information Act of 2008; H.R. 5792, Increasing Insur- southeast Arizona, and S. 3179, to authorize the conveyance Coverage Options for Consumers Act of 2008; H.R. ance of certain public land in the State of New Mexico 5611, National Association of Registered Agents and owned or leased by the Department of Energy, 2:30 p.m., Brokers Reform Act of 2008; and the Securities Act of SD–366. 2008, 2 p.m., 2128 Rayburn. Committee on Foreign Relations: to hold hearings to exam- Subcommittee on Housing and Community Oppor- ine the challenges from Iran, 2:30 p.m., SD–419. tunity, hearing entitled ‘‘Federal Spending Requirements Committee on Homeland Security and Governmental Affairs: in Housing and Community Development Programs: Permanent Subcommittee on Investigations, to hold hear- Challenges in 2008 and Beyond,’’ 9:30 a.m., 2128 Ray- ings to examine Medicare vulnerabilities, focusing on burn. payments for claims tied to deceased doctors, 10 a.m., Committee on Foreign Affairs, hearing on U.S. Policy To- SD–342. ward Iran, 10 a.m., 2172 Rayburn. Committee on the Judiciary: to continue oversight hear- Subcommittee on Europe and the Subcommittee on the ings to examine the Department of Justice, 9:30 a.m., Middle East and South Asia, joint hearing on Europe and SD–106. Israel: Strengthening the Partnership, 2 p.m., 2172 Ray- Committee on Veterans’ Affairs: business meeting to con- burn. sider the nomination of Christine O. Hill, of Georgia, to Committee on Homeland Security, hearing entitled ‘‘The be an Assistant Secretary of Veterans Affairs for Congres- Challenge of Protecting Mass Gatherings in a Post-9/11,’’ sional Affairs, Time to be announced, Room to be an- 10 a.m., 311 Cannon. nounced. Committee on Oversight and Government Reform, hearing on Full Committee, to hold an oversight hearing to examine veterans disability compensation, focusing on undue Manufacturers of FEMA Trailers and Elevated Formalde- delay in claims processing, 9:30 a.m., SR–418. hyde Levels, 10 a.m., 2154 Rayburn. Committee on Transportation and Infrastructure, Sub- House committee on Highways and Transit, hearing on Truck Committee on Agriculture, hearing to review legislation Weights and Lengths: Assessing the Impacts of Existing amending the Commodity Exchange Act, 2:30 p.m., Laws and Regulations, 10 a.m., 2167 Rayburn. 1300 Longworth. Committee on Veterans’ Affairs, hearing on Why Does the Committee on Armed Services, hearing on an update on ef- VA Continue to Give a Suicide-Inducing Drug to Vet- forts to develop and support the Iraqi Security Forces, 10 erans with PTSD?, 10 a.m., 334 Cannon. a.m., 2118 Rayburn. Permanent Select Committee on Intelligence, executive, brief- Subcommittee on Oversight and Investigations, hearing ing on Colombia Hostage Situation, 12 p.m., H–405 on Defense Language and Cultural Awareness Trans- Capitol.

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Next Meeting of the SENATE nical Corrections Act of 2008; (2) H. Con. Res. 375— 9:30 a.m., Wednesday, July 9 To honor the goal of the International Year of Astron- omy; (3) H. Res. 1313—Celebrating the 25th anniversary of the first American woman in space, Dr. Sally K. Ride; Senate Chamber (4) H.R. 4174—The Federal Ocean Acidification Re- Program for Wednesday: Senate will continue consider- search and Monitoring Act of 2007; (5) H. Res. 1312— ation of H.R. 6304, FISA Amendments Act, and after a Commemorating the 25th anniversary of the Space Foun- period of debate, vote on or in relation to certain amend- dation; (6) H. Res. 1315—Commemorating the 50th an- ments and on passage of the bill. niversary of the National Aeronautics and Space Adminis- (Senate will recess following the votes relative to H.R. 6304 tration; (7) H.R. 6216—Asset Management Improvement until 2:15 p.m. for the Republican party conferences.) Act; (8) H.R. 3329—Homes for Heroes Act; (9) H.R. 6184—America’s Beautiful National Parks Quarter Dol- lar Coin Act; (10) H.R. 4461—Community Building Next Meeting of the HOUSE OF REPRESENTATIVES Code Amendment Grant Act; (11) H.R. 3397—Lead-Safe 10 a.m., Wednesday, July 9 Housing for Kids; and (12) H.R. 4049—Money Services Business Act. Consideration of H.R. 1286—Washington- Rochambeau Revolutionary Route National Historic Trail House Chamber Designation Act (Subject to a Rule) and H.R. 5811— Electronic Message Preservation Act (Subject to a Rule). Program for Wednesday: Consideration of the following suspensions: (1) H.R. 6382—Pension Protection Tech-

Extensions of Remarks, as inserted in this issue

HOUSE Gillibrand, Kirsten E., N.Y., E1394 Paul, Ron, Tex., E1407 Gordon, Bart, Tenn., E1395 Pence, Mike, Ind., E1393, E1396, E1402, E1404 Andrews, Robert E., N.J., E1410 Hoyer, Steny H., Md., E1400 Porter, Jon C., Nev., E1395, E1397, E1400, E1402, E1405 Blackburn, Marsha, Tenn., E1396 Johnson, Sam, Tex., E1403 Rangel, Charles B., N.Y., E1403, E1406, E1408 Blumenauer, Earl, Ore., E1409 Jones, Stephanie Tubbs, Ohio, E1410 Rogers, Harold, Ky., E1398 Bordallo, Madeleine Z., Guam, E1409 Kennedy, Patrick J., R.I., E1401 Ros-Lehtinen, Ileana, Fla., E1401 Braley, Bruce L., Iowa, E1402 Latham, Tom, Iowa, E1394, E1396, E1404 Rush, Bobby L., Ill., E1405 Buyer, Steve, Ind., E1402, E1404 Lowey, Nita M., N.Y., E1410 Schwartz, Allyson Y., Pa., E1393 Capps, Lois, Calif., E1399 McCotter, Thaddeus G., Mich., E1393, E1404 Scott, David, Ga., E1394 Clyburn, James E., S.C., E1406 McDermott, Jim, Wash., E1407 Shimkus, John, Ill., E1401 Costa, Jim, Calif., E1409 Mahoney, Tim, Fla., E1402 Shuster, Bill, Pa., E1398 Courtney, Joe, Conn., E1399 Maloney, Carolyn B., N.Y., E1394, E1397, E1405 Skelton, Ike, Mo., E1395, E1399, E1404 Cuellar, Henry, Tex., E1408 Matsui, Doris O., Calif., E1398 Upton, Fred, Mich., E1407 Davis, Tom, Va., E1397, E1404 Miller, Jeff, Fla., E1405, E1408 Van Hollen, Chris, Md., E1407 DeLauro, Rosa L., Conn., E1400 Murphy, Christopher S., Conn., E1407 Visclosky, Peter J., Ind., E1393 Dreier, David, Calif., E1409 Murphy, Tim, Pa., E1398 Walsh, James T., N.Y., E1396, E1403 English, Phil, Pa., E1411 Musgrave, Marilyn N., Colo., E1406, E1408 Woolsey, Lynn C., Calif., E1401 Franks, Trent, Ariz., E1411 Pallone, Frank, Jr., N.J., E1401

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