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, THURSDAY, FEBRUARY 14, 2008 No. 25 House of Representatives The House met at 10 a.m. PLEDGE OF ALLEGIANCE Mr. Speaker, I welcome my friend Monsignor Richard W. O’Keeffe, Im- The SPEAKER pro tempore. Will the Monsignor O’Keeffe to the House of maculate Conception Church, Yuma, gentleman from Oregon (Mr. Representatives. Arizona offered the following prayer: BLUMENAUER) come forward and lead Ditat Deus, God Enriches. Those the House in the Pledge of Allegiance. f magnificent words are found on the Mr. BLUMENAUER led the Pledge of seal of the State of Arizona as we cele- Allegiance as follows: ANNOUNCEMENT BY THE SPEAKER brate today our 96th birthday as enter- I pledge allegiance to the Flag of the PRO TEMPORE ing into the States of the United United States of America, and to the Repub- States. And so this morning we thank lic for which it stands, one nation under God, The SPEAKER pro tempore. The God for all those enriched graces that indivisible, with liberty and justice for all. Chair will entertain up to 10 further re- He has given to each and every one of f quests for 1-minute speeches on each side of the aisle. us. WELCOMING MONSIGNOR RICHARD As we pray here this morning, we ask O’KEEFFE the Lord of all our endeavors to give f The SPEAKER pro tempore. Without our elected Congress men and women objection, the gentleman from Arizona the courage to follow noble aspirations, GO TIGERS, GO (Mr. GRIJALVA) is recognized for 1 strength to support worthy causes, in- minute. tegrity to seek the truth, and in all of (Mrs. BLACKBURN asked and was There was no objection. given permission to address the House their legislative duties, be their inspi- Mr. GRIJALVA. Thank you, Mr. ration and guide. for 1 minute and to revise and extend Speaker. her remarks.) Lord, You remember forever Your It is my pleasure to welcome Mon- covenant with us. Even though it was signor O’Keeffe as our guest chaplain Mrs. BLACKBURN. Mr. Speaker, I centuries ago that You formed a com- today. know today we’re going to talk a lot munity of family life with us, still You Monsignor O’Keeffe has been tending about FISA, but before we do I want to remain continually faithful. Enable us to the spiritual and human needs of rise to commend the University of by Your merciful help to keep faith people in Arizona for over 40 years, of Memphis men’s basketball team on an with You, to renew our covenant at im- which the last 30 has been in Yuma, Ar- outstanding season. So far the Tigers portant or difficult moments of our life izona. It is fitting that he provides to- have amassed 24 wins, no losses, earn- so that at the end we may receive the day’s blessing, as we also memorialize ing them the top national ranking in promise of the covenant. the passing of Congressman Lantos, a college basketball. Lord, to those who believe in You, great champion of human rights. Thanks to the enthusiastic support You promise kindness and truth, jus- Monsignor O’Keeffe is highly re- of the Memphis Tiger fans, and espe- tice and peace. When we are faced with spected in Yuma and all of Arizona for cially the ‘‘Blue Crew,’’ the Tigers hold difficulties, increase our faith, but do the work he does on behalf of human the Nation’s longest home court win- not lower our ideals. From the least rights, civil rights and advocating for ning streak, 47 wins in a row. likely places You can bring forth the the underrepresented in our commu- ESPN has called them and their triumph of Your grace. These things we nity. coach, John Calipari, relentless and un- ask in Your name. Amen. He is an active member of the com- selfish. munity, encouraging community lead- I applaud the Tiger basketball team f ers to take responsibility for social jus- tice, recruiting young and old to en- for setting an example of teamwork gage in civic participation. His experi- and tenacity that all teams, individ- THE JOURNAL ence and passion has led him to be a uals and even this Congress would do The SPEAKER pro tempore (Mr. founder of the Yuma Interfaith Orga- well to follow. PALLONE). The Chair has examined the nizing Committee. On behalf of the people of the great Journal of the last day’s proceedings I am honored to work with him and City of Memphis and the great State of and announces to the House his ap- receive spiritual and community guid- Tennessee, I congratulate the Tigers, proval thereof. ance from him. He is a source of and I wish them luck on the remainder Pursuant to clause 1, rule I, the Jour- strength for all of us who interact with of the season. nal stands approved. him. Thank you for making us proud.

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.

H945

.

VerDate Aug 31 2005 01:10 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.000 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H946 CONGRESSIONAL RECORD — HOUSE February 14, 2008 PRESIDENT BUSH’S BUDGET TAR- GUN VIOLENCE 235,626 cases, 11,661 deaths, and a cost GETS PUBLIC BROADCASTING (Mr. RUSH asked and was given per- of $5.89 billion. What I’m talking about AGAIN mission to address the House for 1 here are the number of people who ob- (Mr. BLUMENAUER asked and was minute and to revise and extend his re- tain and die and the overall cost of in- given permission to address the House marks.) fections in our hospitals every year, for 1 minute.) Mr. RUSH. Mr. Speaker, I come to from MRSA, from pneumonia and other infections. It is time that Congress got Mr. BLUMENAUER. Well, it’s a new the floor to speak on what I call ‘‘The serious about this. year and again the Bush budget targets Daily 45.’’ In the last 3 years since I’ve first in- public broadcasting. Year after year, The Department of Justice reports troduced this bill, 90,000 people have they’ve attempted to chop away at that on average, every day here in died each year from infections they that investment. Year after year Con- America, 45 people are shot and killed pick up at hospitals. It is time we pass gress rejects it. in a fit of revenge, robbery or troubled the Healthy Hospitals Act, H.R. 1174, This year it is a $420 million reduc- relationships. These are more than our soldiers who are killed in Iraq and Af- and work to make sure our hospitals tion, including $200 million that’s al- are safer. ready been allocated for this year. This ghanistan each and every day. assault on public broadcasting is not Today I reflect on a story that has f just undermining the digital conver- captured the hearts and the minds of THE LAWLESSNESS SOUTH OF THE sion, the education and public affairs Chicago area residents. On Saturday, BORDER that we have grown to rely on, it’s a di- February 2, the day began like any other day for six unsuspecting women. (Mr. POE asked and was given per- rect assault at small-town and rural mission to address the House for 1 America where it’s more expensive to Five of these women, customers and workers at a Lane Bryant clothing minute.) reach and they don’t have the donor Mr. POE. Mr. Speaker, Americans are base to provide it for themselves. store in the southwest suburbs of Chi- cago, were heartlessly murdered during under vicious attack in Mexico. The The irony is that San Francisco, New new threat comes from south of the York, Washington and, dare I say, an apparent midday botched robbery attempt by an assailant wielding a border in the form of organized and Portland, Oregon will always have pub- violent Mexican kidnappers. lic broadcasting. But if this Bush budg- gun. 37-year-old Connie Woolfolk, 42-year- Last year, 26 San Diego, California et is adopted, it’s going to decimate old Rhoda McFarland, 22-year-old residents were kidnapped and held for public broadcasting in rural and small- Sarah Szafranski, 33-year-old Carrie ransom while traveling to Mexico. Nu- town America. Hudek Chiuso, and 34-year-old Jennifer merous Mexican nationals also were Please join the over 110 members of Bishop should not be forgotten. Neither kidnapped. Some victims were mur- the bipartisan Public Broadcasting should we forget the sixth woman who dered. Only a few of the people kid- Caucus to again reject this assault on was shot in the neck, but survived. napped were ever rescued. They re- public broadcasting. When will America say, ‘‘Enough is ported that they were beaten, tortured enough’’? Stop the killings. and sexually assaulted. f The FBI says that these sophisti- f cated kidnappers are growing in num- PROTECT AMERICA ACT FISA ber. The State Department has even issued a travel alert for U.S. citizens (Ms. GRANGER asked and was given (Mr. HOEKSTRA asked and was given permission to address the House living and traveling in Mexico. This permission to address the House for 1 new form of terrorism is very dis- minute.) for 1 minute.) Mr. HOEKSTRA. Mr. Speaker, what turbing. Ms. GRANGER. Mr. Speaker, once is it that my friends on the other side While President Calderon is here in again the Protect America Act is set to don’t understand about the threat that the United States lobbying for illegal expire. If the bipartisan Senate FISA faces our country today? Have they not immigrants to get amnesty, Mexican bill is not passed in time, our intel- seen the reports coming from Iraq and U.S. citizens are being victimized ligence agency will be blinded to our where al Qaeda in Iraq has now stated in his home country. President enemies’ plans and required to consult that their objective is to use Iraq to Calderon would do well to stay home in a lawyer before eavesdropping on for- launch attacks against Jerusalem and lawless Mexico, get his house in order eign terrorists. Israel? Have they not read the reports and protect the rights of hundreds of The House should immediately pass today about a radical Islamist plot to his own people and the U.S. citizens the Senate’s bipartisan bill which perhaps assassinate the President of who are being abducted and held for passed the Senate by a 68–29 vote. Our the Philippines? Have they not read ransom by these outlaws. intelligence community needs a long- about the attacks or the arrests in And that’s just the way it is. term fix in our intelligence laws, not a Denmark of radical Islamists perhaps f month-to-month extension. planning an attack in Denmark? b 1015 More importantly, the Senate FISA What is it that you don’t understand bill grants liability protection to tele- about the nature of the threat, that IMPERATIVE FISA RENEWAL communications companies that this is a global threat that wants to de- (Mr. STEARNS asked and was given helped the government after Sep- feat us in Iraq, that wants to desta- permission to address the House for 1 tember 11. Allowing these companies to bilize modern Islamic regimes, wants minute and to revise and extend his re- be subjected to frivolous lawsuits to eliminate the State of Israel, estab- marks.) threatens their cooperation in the fu- lish the caliphate and reach for the Mr. STEARNS. Mr. Speaker, the bi- ture. This could have a crippling effect brass ring, which is to attack the partisan Protect America Act, a crit- on America’s counterterrorism efforts. United States? Why are you unwilling ical anti-terrorist law that closes loop- Yesterday, the Democrat majority to put the Senate FISA bill on the holes in our intelligence laws and pro- chose partisan politics in the face of a floor and give the intelligence commu- tects civil liberties is, once again, strong bipartisan solution that directly nity the tools that they need to keep about to expire. The House must act determines the fate of our intelligence America safe? today on this critical piece of legisla- gathering abilities, and the House f tion, which passed the Senate by 68–29. Democrat leadership failed. The Amer- If this Senate bill is not passed in time, ican people have asked for solutions, HEALTHY HOSPITALS ACT our intelligence agencies will be blind- not political grandstanding. (Mr. TIM MURPHY of Pennsylvania ed to our enemies’ plans and required We should take up the bipartisan asked and was given permission to ad- to consult a lawyer before eaves- Senate FISA bill immediately. This dress the House for 1 minute.) dropping on foreign terrorists. cannot wait until we return from the Mr. TIM MURPHY of Pennsylvania. Democrats have had more than 6 President’s Day recess. Mr. Speaker, here’s today’s grisly toll. months to make the Protect America

VerDate Aug 31 2005 01:10 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.003 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H947 Act permanent and provide immunity RECESS Flake Lewis (KY) Rogers (KY) Forbes Linder Rogers (MI) to telecommunications firms that as- The SPEAKER pro tempore. Pursu- Fortenberry Lipinski Ros-Lehtinen sisted our government and performed ant to clause 12(a) of rule I, the Chair Fossella LoBiondo Roskam their patriotic duty after 9/11. The time declares the House in recess subject to Foxx Loebsack Ross for indecision and second-guessing is Frank (MA) Lofgren, Zoe Rothman the call of the Chair. Franks (AZ) Lungren, Daniel Roybal-Allard over. The time to get this important Accordingly (at 10 o’clock and 18 Frelinghuysen E. Royce legislation passed into law is today. minutes a.m.), the House stood in re- Gallegly Lynch Rush House Democrats should pass the cess subject to the call of the Chair. Gerlach Mack Ryan (WI) Senate bill and get it to the President, Giffords Maloney (NY) Salazar f Gilchrest Manzullo Sali again, today. Gillibrand Marchant Sa´ nchez, Linda f b 1105 Gingrey Marshall T. Gohmert Matheson Sanchez, Loretta THE NEED FOR A PERMANENT AFTER RECESS Gonzalez Matsui Sarbanes FISA BILL Goode McCarthy (CA) Saxton The recess having expired, the House Goodlatte McCarthy (NY) Schakowsky (Mr. KLINE of Minnesota asked and was called to order by the Speaker pro Gordon McCaul (TX) Schiff was given permission to address the Granger McCollum (MN) Schmidt tempore (Mrs. TAUSCHER) at 11 o’clock Graves McCotter Schwartz House for 1 minute and to revise and and 5 minutes a.m. Green, Al McCrery Scott (GA) extend his remarks.) Green, Gene McDermott Scott (VA) Mr. KLINE of Minnesota. Mr. Speak- f Grijalva McGovern Sensenbrenner Gutierrez McHenry er, al Qaeda and their terrorist allies Serrano MOTION TO ADJOURN Hall (NY) McHugh Sessions are America’s number one enemy. We Hall (TX) McIntyre Mr. LINCOLN DIAZ-BALART of Shadegg all know that. They are constantly up- Hare McKeon Shea-Porter Florida. Madam Speaker, I move that Harman McMorris Sherman dating the way they communicate and Hastings (FL) Rodgers dodge our intelligence networks. We the House do now adjourn. Shuler Hastings (WA) McNerney Shuster should be doing nothing short of pro- The SPEAKER pro tempore. The Hayes McNulty question is on the motion to adjourn. Sires viding our intelligence officials with Heller Meek (FL) Skelton Hensarling Meeks (NY) every tool necessary to always stay a The question was taken; and the Slaughter Speaker pro tempore announced that Herger Melancon Smith (NE) Herseth Sandlin Mica step ahead of these radical extremists. Smith (NJ) the noes appeared to have it. Higgins Michaud Admiral Mike McConnell, the Direc- Smith (TX) Hill Miller (FL) Mr. LINCOLN DIAZ-BALART of Smith (WA) tor of National Intelligence, when Hinchey Miller (MI) Florida. Madam Speaker, I object to Snyder asked about the Protect America Act, Hinojosa Miller (NC) Souder the vote on the ground that a quorum Hirono Miller, Gary said this, ‘‘We must be able to continue Space is not present and make the point of Hobson Miller, George effectively obtaining the information Spratt Hodes Mitchell order that a quorum is not present. Stark gained through this law if we are to Hoekstra Mollohan The SPEAKER pro tempore. Evi- Stearns stay ahead of terrorists who are deter- Holden Moore (WI) Stupak mined to attack the United States.’’ dently a quorum is not present. Holt Moran (KS) The Sergeant at Arms will notify ab- Hooley Murphy (CT) Sullivan House Republicans have led the way Sutton sent Members. Hoyer Murphy, Patrick in delivering 21st century intelligence Hulshof Murphy, Tim Tancredo collection to protect our citizens. The The vote was taken by electronic de- Hunter Murtha Tanner Tauscher law now gives enforcement the tools vice, and there were—yeas 2, nays 390, Inglis (SC) Musgrave not voting 36, as follows: Inslee Myrick Taylor and flexibility needed to quickly re- Israel Nadler Terry spond to terrorist threats because [Roll No. 58] Issa Napolitano Thompson (CA) House Republicans acted to close a YEAS—2 Jackson (IL) Neal (MA) Thompson (MS) Jefferson Neugebauer Thornberry Barton (TX) Johnson (IL) dangerous loophole in an outdated in- Johnson (GA) Nunes Tiahrt telligence law. But the law is threat- NAYS—390 Johnson, E. B. Oberstar Tiberi ened today by the House Democrat ma- Johnson, Sam Obey Tsongas Abercrombie Braley (IA) Cubin jority who are more interested in get- Jones (NC) Olver Turner Aderholt Broun (GA) Cuellar Jordan Ortiz Udall (CO) ting it for partisan reasons than to pro- Akin Brown (SC) Culberson Kagen Pallone Udall (NM) vide this country and our allies abroad Alexander Brown-Waite, Cummings Kanjorski Pascrell Upton the protection necessary as we con- Allen Ginny Davis (AL) Kaptur Pastor Van Hollen Altmire Buchanan Davis (CA) Keller Paul Vela´ zquez tinue to fight terrorism. Andrews Burgess Davis (KY) Kennedy Payne Visclosky A short-term extension is not Arcuri Burton (IN) Davis, David Kildee Pearce Walberg enough. We need a permanent fix now. Baca Butterfield Davis, Lincoln Kilpatrick Perlmutter Walden (OR) Bachmann Buyer Davis, Tom Kind Peterson (MN) Walsh (NY) f Bachus Calvert Deal (GA) King (IA) Petri Walz (MN) Baird Camp (MI) DeFazio King (NY) Pickering Wamp APPOINTMENT OF HON. STENY H. Baldwin Campbell (CA) DeGette Kingston Pitts Wasserman HOYER AND HON. CHRIS VAN Barrett (SC) Cannon Delahunt Kirk Platts Schultz Barrow Cantor DeLauro Klein (FL) Poe Waters HOLLEN TO ACT AS SPEAKER Bartlett (MD) Capito Dent PRO TEMPORE TO SIGN EN- Kline (MN) Pomeroy Watt Bean Capps Diaz-Balart, L. Knollenberg Porter Waxman ROLLED BILLS AND JOINT RESO- Becerra Capuano Diaz-Balart, M. Kucinich Price (GA) Weiner LUTIONS THROUGH FEBRUARY Berman Carnahan Dicks Kuhl (NY) Price (NC) Welch (VT) Berry Carney Doggett 25, 2008 LaHood Pryce (OH) Weldon (FL) Biggert Carter Donnelly Lamborn Putnam Weller The SPEAKER pro tempore laid be- Bilbray Castle Doolittle Lampson Radanovich Westmoreland Bilirakis Castor Drake fore the House the following commu- Langevin Rahall Wexler Bishop (GA) Chabot Dreier Larsen (WA) Ramstad Whitfield (KY) nication from the Speaker: Bishop (NY) Chandler Duncan Larson (CT) Regula Wilson (OH) Bishop (UT) Clarke Edwards WASHINGTON, DC, Latham Rehberg Wilson (SC) Blackburn Clay Ehlers LaTourette Reichert Wolf February 14, 2008. Blumenauer Cleaver Ellison I hereby appoint the Honorable STENY H. Latta Reyes Woolsey Blunt Clyburn Ellsworth Lee Reynolds Wu HOYER and the Honorable CHRIS VAN HOLLEN Boehner Coble Emanuel Levin Richardson Yarmuth to act as Speaker pro tempore to sign en- Bonner Cohen Emerson Lewis (CA) Rodriguez Young (AK) rolled bills and joint resolutions through Bono Mack Cole (OK) English (PA) Lewis (GA) Rogers (AL) Young (FL) February 25, 2008. Boozman Conaway Eshoo Boren Conyers Etheridge NANCY PELOSI, NOT VOTING—36 Boswell Cooper Everett Speaker of the House of Representatives. Boucher Costa Fallin Ackerman Doyle Jones (OH) The SPEAKER pro tempore. Without Boustany Costello Farr Berkley Engel Lowey objection, the appointment is ap- Boyd (FL) Courtney Fattah Brown, Corrine Garrett (NJ) Lucas Boyda (KS) Cramer Feeney Cardoza Honda Mahoney (FL) proved. Brady (PA) Crenshaw Ferguson Davis (IL) Jackson-Lee Markey There was no objection. Brady (TX) Crowley Filner Dingell (TX) Moore (KS)

VerDate Aug 31 2005 01:10 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.006 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H948 CONGRESSIONAL RECORD — HOUSE February 14, 2008 Moran (VA) Ryan (OH) Towns GENERAL LEAVE rather than weaken, the House’s pre- Pence Sestak Watson Ms. SLAUGHTER. I ask unanimous rogatives by demonstrating that we are Peterson (PA) Shays Wilson (NM) Rangel Shimkus Wittman (VA) consent that all Members have 5 legis- serious about citizens resisting the Renzi Simpson Wynn lative days within which to revise and issuance of validly authorized congres- Rohrabacher Solis extend their remarks and insert extra- sional subpoenas. If we countenance a Ruppersberger Tierney neous material into the RECORD. process where subpoenas can be readily b 1157 The SPEAKER pro tempore. Is there ignored, where a witness, under a duly Messrs. RAHALL, MILLER of Flor- objection to the request of the gentle- authorized subpoena, doesn’t even ida, OBERSTAR, and FRANK of Massa- woman from New York? bother to appear, where privilege can chusetts changed their vote from There was no objection. be asserted on the thinnest of reeds and ‘‘yea’’ to ‘‘nay.’’ Ms. SLAUGHTER. Madam Speaker, I the broadest possible manner, then we So the motion to adjourn was re- yield myself such time as I may con- have already lost, and we may be in jected. sume. much more danger than even we be- The result of the vote was announced Madam Speaker, H. Res. 982 provides lieve. as above recorded. that upon its adoption, House Resolu- There’s ample precedent supporting Stated against: tion 979 and House Resolution 980 are the House’s prerogative to initiate a Mr. SESTAK. Madam Speaker, on rollcall hereby adopted. civil action. If we pursue this course of No. 58, I was with my six-year-old daughter, House Resolution 979 recommends action and it proves to be legally incor- Alex, at the hospital. Had I been present, I that the House of Representatives find rect, then we here in Congress, where would have voted ‘‘nay.’’ Harriet Miers and Joshua Bolten, the the laws are passed, can take necessary Ms. SOLIS. Madam Speaker, during rollcall White House Chief of Staff, in con- steps to correct that procedure. If we vote No. 58 on the motion to adjourn, I was tempt of Congress for refusal to comply do not pursue this course of action at unavoidably detained. Had I been present, I with subpoenas duly issued by the Ju- all, we, again, have already lost. would have voted ‘‘nay.’’ diciary Committee. There are some who believe that the f b 1200 court will say that indeed we have no rights here. If that is the case, if that MESSAGE FROM THE SENATE House Resolution 980 authorizes the even should be a possibility, then I A message from the Senate by Ms. Judiciary Committee to initiate or to think we have to say that if the Jus- Curtis, one of its clerks, announced intervene in any judicial proceedings tice Department has become that po- that the Senate had passed without to enforce certain subpoenas. liticized and that weak, then we are in amendment a bill of the House of the Madam Speaker, I’ve had so many re- worse shape in this democracy than we following title: quests for time that I will cut my own know. H.R. 5270. An act to amend the Internal time short. I simply want to give some Madam Speaker, I reserve the bal- Revenue Code of 1986 to extend the funding reasons why it’s important that we’re ance of my time. and expenditure authority of the Airport and here today. Mr. LINCOLN DIAZ-BALART of Airway Trust Fund, and for other purposes. In my 21 years in the House, I have Florida. Madam Speaker, I would like The message also announced that known that there were Members who to thank the gentlelady from New pursuant to section 5 of title I of divi- came to Congress simply hoping that York (Ms. SLAUGHTER) for the time, sion H of Public Law 110–161, the Chair, throughout their career they will al- and I yield myself such time as I may on behalf of the Vice President, ap- ways land on the safe square; not want- consume. points the following Senator as Chair- ing to take a vote that might challenge Madam Speaker, I was in the funeral man of the U.S.-Japan Interparliamen- them in any way, not wanting to take of our distinguished friend and col- tary Group conference for the One Hun- a vote that might require explanation. league, Congressman Lantos, someone dred Tenth Congress: Fortunately, this is the safe square whom I admired very, very much and The Senator from Alaska (Mr. STE- today. who was a personal friend. I was stand- VENS). What we are doing here today is pro- ing by the ranking member of the f tecting the Constitution of the United Rules Committee. States of America, which all of us are At the time during the funeral, the PROVIDING FOR ADOPTION OF H. pleased, when we come here, to raise House was in recess subject to the call RES. 979, RECOMMENDING THAT our hand and swear so to do. It is criti- of the Chair under the understanding HARRIET MIERS AND JOSHUA cally important that we protect the that we would not come back into ses- BOLTEN BE FOUND IN CON- powers of the Congress of the United sion until after the funeral. And I was TEMPT OF CONGRESS, AND States for future generations. It would most disturbed and hurt and pained ADOPTION OF H. RES. 980, AU- be dreadful if a future President, hav- when, even though the funeral was still THORIZING COMMITTEE ON THE ing looked back over the recent events, proceeding and distinguished guests JUDICIARY TO INITIATE OR IN- used it as a precedent. were speaking, the bells rang that the TERVENE IN JUDICIAL PRO- We have a strong case on the merits, House was going back into session and CEEDINGS TO ENFORCE CERTAIN is the first point I want to make. The I had to leave. SUBPOENAS administration’s assertions of execu- Because of my obligation today, I Ms. SLAUGHTER. Madam Speaker, tive privilege are weak, excessively have the assignment, as a member of by direction of the Committee on broad, and unprecedented. We win the the Rules Committee, to be here during Rules, I call up House Resolution 982 executive privilege argument both on this rule. I had to leave the funeral to and ask for its immediate consider- legal grounds and our compelling need be here today. It’s most unfortunate, ation. for requested information. and I’m very, very sorry that the day The Clerk read the resolution, as fol- Aside from prevailing on the merits has begun in that ultimately unfortu- lows: of the executive privilege dispute, en- nate fashion. Resolved, That House Resolution 979 and forcing our subpoenas is part and par- Madam Speaker, today the majority House Resolution 980 are hereby adopted. cel of our current ability to perform ef- proposes that the House consider a rule The SPEAKER pro tempore. The gen- fective oversight. If we accept the that, according to the Parliamen- tlewoman from New York is recognized White House stonewalling in this in- tarian, is unprecedented in the history for 1 hour. stance, the House, in the future, will of this institution. It will prevent any Ms. SLAUGHTER. Madam Speaker, not be able to conduct its oversight. and all debate on two contempt mo- for the purpose of debate only, I yield And every future President can view tions against former White House the customary 30 minutes to the gen- Congress, not as a coequal branch of Counsel Harriet Miers and White House tleman from Florida (Mr. LINCOLN this government, but as subordinate to Chief of Staff Josh Bolten. DIAZ-BALART). All time yielded during the executive. A contempt resolution is a privileged consideration of the rule is for debate The enforcement of the subpoenas in matter because it directly concerns the only. this investigation seeks to strengthen, constitutional rights and privileges of

VerDate Aug 31 2005 03:13 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.002 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H949 the House. Chapter 17, section 2 of could gravely undermine Congress’s Act (FISA) is currently being considered by House Practice states, ‘‘Such a resolu- oversight authority, the very authority the Senate. Following the Senate’s passage tion may be offered from the floor as the majority is allegedly seeking to of a FISA bill, it will be necessary for the privileged, because the privileges of the House to quickly consider FISA legislation protect. If Congress loses in the courts, to get a bill to the President before the Pro- House are involved.’’ we could forever disable one of our tect America Act expires in February. The action of the majority today is most important powers, the power of It is our belief that such legislation should most unfortunate. Never before in the oversight. And for what in return, include the following provisions: Require in- history of this House has a contempt Madam Speaker? Harriet Miers is no dividualized warrants for surveillance of U.S. resolution, one of the highest questions longer with the administration; citizens living or traveling abroad; Clarify regarding the rights and privileges of Alberto Gonzales is no longer Attorney that no court order is required to conduct surveillance of foreign-to-foreign commu- this institution, been treated in such General. But the majority, with its ac- an underhanded manner. If this rule is nications that are routed through the United tion today, risks quite a bit. States; Provide enhanced oversight by Con- adopted, there will be no debate, no Let’s remember, Members will not gress of surveillance laws and procedures; vote, and the contempt resolutions will even get the opportunity to vote on Compel compliance by private sector part- magically and automatically be hereby these resolutions today. And that’s not ners; Review by FISA Court of minimization adopted when this rule is adopted. only uncalled for, but absolutely un- procedures; Targeted immunity for carriers Now, if the majority believes the con- precedented. Members will only be able that participated in anti-terrorism surveil- tempt resolution to be correct, the just lance programs. to vote on this rule. Once the rule The Rockefeller-Bond FISA legislation and proper course of action to assert passes, so do the two resolutions and so the rights of this institution would be contains satisfactory language addressing all does the majority’s gamble. these issues and we would fully support that to debate and vote on the resolution. So, back in July, the Judiciary Com- measure should it reach the House floor The majority leadership is subverting mittee cited both Mr. Bolten and Ms. without substantial change. We believe these the rights of every Member of this Miers for contempt of Congress. Now, components will ensure a strong national se- House, allegedly in order to assert the here we are, 8 months later, consid- curity apparatus that can thwart terrorism rights of this House. The irony can es- ering these two contempt resolutions, across the globe and save American lives cape no one. These are the constitu- here in our country. but not really, just the rule. By passing It is also critical that we update the FISA tional rights of this institution that the rule, automatically those contempt are in question, and not one Member of laws in a timely manner. To pass a long- resolution will be passed, after an this institution is going to be allowed term extension of the Protect America Act, emergency Rules Committee meeting as some may suggest, would leave in place a to discuss it or vote, to have a vote on last night. limited, stopgap measure that does not fully these resolutions. So the question is, why the rush? For address critical surveillance issues. We have The majority’s attempt to rush this some reason the majority feels that it within our ability to replace the expiring contempt resolution through the House after 8 months, now this is a pressing Protect America Act by passing strong, bi- will have repercussions that many partisan FISA modernization legislation issue. But I can think of a large list of Members may not be aware of. And so that can be signed into law and we should do I urge my colleagues to pay close at- other issues that I feel that Americans so—the consequences of not passing such a tention because, by this action, the would rather we address; none more measure could place our national security at House majority risks causing great than considering the FISA bill that the undue risk. harm. It risks causing grave harm and Senate approved this week to give the Sincerely, Leonard L. Boswell, ———, Mike Ross, undermining Congress’s oversight au- administration the ability to protect the United States from terrorist at- Bud Cramer, Heath Shuler, Allen Boyd, thority for generations to come, and Dan Boren, Jim Matheson, Lincoln here is why. tacks. The tragic events of September 11, Davis, Tim Holden, Dennis Moore, Earl The administration is claiming exec- Pomeroy, Melissa L. Bean, John Bar- utive privilege, and any attempt to 2001, taught us many lessons, and one row, Joe Baca, John Tanner, Jim Coo- force testimony from the President’s of the lessons we learned that day was per, Zachary T. Space, Brad Ellsworth, former counsel and his Chief of Staff that our Nation must remain aggres- Charlie Melancon, Christopher P. Car- will be fought by the administration sive in our fight against international ney. within the courts. This could very pos- terrorism. We must always stay one The extension of this important pro- sibly lead to the courts ruling that step ahead of those who wish to harm gram is set to expire at 11:59 p.m. to- Congress does not have civil contempt America, and now is not the time to tie morrow night. After that, our ability authority, for example; that the U.S. the hands of our intelligence commu- to conduct surveillance on foreign ter- Attorney, for example, does not have nity. And the majority seeks to leave rorists will be severely hampered. It’s to prosecute criminal citations against today and go home without addressing time to make our country safer, and executive officials or that the Presi- this issue. Congress needs to act today. The House dent’s senior advisors are absolutely The modernization of the foreign in- should vote on the Senate measure, immune from compelled testimony be- telligence surveillance into the 21st and we should do it now, instead of de- fore Congress. Any of those rulings century is a critically important na- bating these contempt motions in an would weaken Congress’s ability to tional priority, and I’m pleased that unprecedented and uncalled-for fash- conduct oversight in the future, and a several of my colleagues on the other ion. weakened Congress means a strength- side of the aisle agree as well. Today I will give all Members of the ened executive. On January 28, 21 members of the House an opportunity to vote on a bi- This is not an extreme or farfetched Blue Dog Coalition sent a letter to the partisan, long-term modernization of theory, Madam Speaker. Administra- Speaker in support of the Senate FISA FISA. I call on my colleagues to join tions from both parties have claimed legislation. The letter states, and I with me in defeating the previous ques- executive privilege for many decades. quote, ‘‘The Senate FISA Rockefeller- tion so that we can immediately move The former Attorney General, for ex- Bond legislation contains satisfactory to concur in the Senate amendment ample, Janet Reno, stated, and I quote, language addressing all these issues, and send the bill to the President to be ‘‘the President and his immediate advi- and we would fully support the meas- signed into law before the current law sors are absolutely immune from testi- ure should it reach the House floor expires and our Nation is at greater monial compulsion by a congressional without substantial change. We believe risk. committee, because subjecting a senior these components will ensure a strong Madam Speaker, I ask unanimous Presidential advisor to the congres- national security apparatus that can consent to have the text of the amend- sional subpoena power would be akin to thwart terrorism across the globe and ment and extraneous material inserted requiring the President himself to ap- save American lives here at home.’’ into the RECORD prior to the vote on pear before Congress on matters relat- Madam Speaker, I will insert the let- the previous question. ing to his constitutionally assigned ter sent by the Blue Dogs to the Speak- The SPEAKER pro tempore. Is there functions.’’ er into the RECORD. objection to the request of the gen- What the majority is doing today is DEAR MADAM SPEAKER: Legislation reform- tleman from Florida? needlessly tempting a court loss that ing the Foreign Intelligence Surveillance There was no objection.

VerDate Aug 31 2005 03:13 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.014 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H950 CONGRESSIONAL RECORD — HOUSE February 14, 2008 Mr. LINCOLN DIAZ-BALART of the law and beyond the reach of checks and rights, which I think all of us are, you Florida. Madam Speaker, I reserve the balances. would contact the White House coun- balance of my time. The founders did not want that when they sel’s office. Ms. SLAUGHTER. Madam Speaker, I wrote the Constitution, and the voters who elected this Congress do not want it today. Mr. LINCOLN DIAZ-BALART of am pleased to yield 4 minutes to the Florida. Madam Speaker, I yield 4 min- gentleman from Michigan, the distin- Ladies and gentlemen of the House, utes to the distinguished ranking mem- guished chairman of the Judiciary the resolution we are considering today ber of the Judiciary Committee, Mr. is not steps that I take as chairman Committee, Mr. CONYERS. SMITH of Texas. easily or lightly. It’s been 8 months Mr. CONYERS. Madam Speaker, I Mr. SMITH of Texas. Madam Speak- that we’ve tried to negotiate, nine let- will insert into the RECORD from to- er, I rise in strong opposition to the ters, but this is what is necessary to day’s New York Times, ‘‘Time to Vote rule. protect the constitutional prerogatives Contempt.’’ Yesterday, House Democrats said as a coequal branch of government in [From the New York Times, Feb. 14, 2008] that Congress does not have enough this democracy of ours. IME O OTE ONTEMPT time to pass critical FISA moderniza- T T V C I believe the investigation we have tion legislation to keep America safe Alberto Gonzales may be out, but the been engaged in is an important one. from foreign terrorists. Today, we are country is still waiting for a full accounting And it’s not about whether the U.S. At- of how he and his White House patrons cyni- wasting Congress’ time on an issue torneys can serve at the pleasure of the cally politicized the Justice Department. that does nothing to make our Nation President. They clearly can and do. Congress is rightly asking questions about safer. Clearly, the Democratic major- But it concerns whether the American the actions of yet another United States at- ity is out of touch with the needs of torney: New Jersey’s Christopher J. Christie. people can be assured that their laws our intelligence community and is The House also needs to stop procrastinating are being fairly and impartially en- placing Americans’ lives at risk. and vote to hold witnesses in contempt for forced by the United States Depart- refusing to testify in the wider scandal. ment of Justice. That’s why we’re here. On the eve of the expiration of crit- Federal prosecutors must be scrupulously In order to pursue this investigation, ical intelligence legislation, the House nonpartisan. Mr. Christie, a Republican ac- Democratic majority has chosen to put tivist who got his job despite a lack of trial we’ve done what committees in the Congress have traditionally done: extreme partisanship ahead of our and criminal-law experience, has gone up to country’s safety. Apparently, the the line of acceptable behavior—and possibly We’ve sought our documents and testi- Democratic majority cares more about crossed it. mony initially on a voluntary basis He began an investigation of Senator Rob- and through compulsory process only the alleged steroid use of a few baseball ert Menendez, a New Jersey Democrat, late as a last resort. The investigation did players and the personnel decisions of in a hard-fought election campaign. The not begin with the White House but has the White House than they do about charges now appear baseless, but at the time ended up there only after the review of promoting national security. the news provided a big boost to Mr. Last year, Admiral McConnell, the Menendez’s Republican opponent. Mr. thousands of pages of documents and obtaining the testimony and interviews Director of National Intelligence, Christie went against a long Justice Depart- warned Congress that the intelligence ment presumption against opening inves- of nearly 20 current and former Depart- tigations or bringing indictments right be- ment of Justice employees. community was missing two-thirds of fore an election, to avoid affecting the out- all overseas terrorist communications, come. b 1215 endangering Americans’ lives. Congress There are also questions about Mr. We have been open at all times to enacted the Protect America Act to Christie’s decision to award, without com- any reasonable compromise and have close this terrorist loophole. petitive bidding, a lucrative contract to been fully respectful and cognizant of Now House Democrats are going to monitor a company accused of consumer let the Protect America Act expire. If fraud. The winner? Former Attorney General the prerogatives of the executive John Ashcroft, an influential Republican branch. As a matter of fact, I have the act expires, we will return to the who was once Mr. Christie’s boss. Senate and written the White House counsel on no status quo, unable to begin any new House leaders have asked the Government less than nine separate occasions, and foreign intelligence surveillance with- Accountability Office to investigate. talked with him seeking a compromise out a court order and risk losing two- Some of the people who likely know the on this matter. thirds of all foreign intelligence. most about the role politics has played in What I am not open to, as the chair- Today we find ourselves at two very the Bush Justice Department have defied man of Judiciary, is accepting a take- dangerous thresholds: first, expiration Congressional subpoenas to testify. Joshua of legislation vital to this Nation’s na- Bolten, the White House chief of staff, and it-or-leave-it offer which would not Harriet Miers, the former White House coun- allow us access to information that we tional security, the Foreign Intel- sel, contend that they are protected from need, would not even provide for a ligence Surveillance Act. The House testifying by executive privilege. That is not transcript, and would prevent us from Democratic majority has let this legis- enough. They have a legal obligation to ap- seeking any additional information in lation lapse without even allowing a pear before Congress and plead that privilege the future. That is the only proposal straight up-or-down vote on the bipar- to specific questions. we’ve ever received from White House tisan Senate bill approved earlier this The House Judiciary Committee voted in counsel, and so I would hope that all of week by a vote of 68–29. Instead of re- July to hold Mr. Bolten and Ms. Miers in authorizing FISA, the Democratic ma- contempt. The House’s Democratic leader- the Members in this body, as an insti- ship has been trying to figure out the pros tutional matter, recognize the prob- jority chooses to take us to another and cons ever since. The public needs to hear lems inherent in such an approach. threshold, that of a needless constitu- the testimony of these officials (along with Now, some may argue that the stakes tional confrontation in the courts over Karl Rove, who is also refusing to appear), in this confrontation, and I think the dismissal of a handful of United and the full House should vote as quickly as that’s what’s been suggested already, States Attorneys. possible to hold them in contempt. are so high that we cannot afford to We know that the President has the The House should also approve a resolution risk that we might lose. Well, I’d say authority to dismiss U.S. Attorneys. authorizing the Judiciary Committee to go to court to enforce the contempt citations if to them that if we countenance a proc- We know that his executive privilege the current attorney general, Michael ess where our subpoenas can be readily claims are consistent with those made Mukasey, as expected, refuses to do so. ignored, where a witness under a duly by previous Presidents for decades. We The stakes are high. There are people in authorized subpoena doesn’t even have know that by tilting at the executive jail today, including a former governor of to bother to show up or tell us that privilege windmill we risk severely un- Alabama, who have raised credible charges they’re not coming, where privilege dermining the very oversight authority that they were put there for political rea- can be asserted on the thinnest of bases we would want to protect. But most of sons. Congress’s constitutionally guaranteed and in the broadest possible manner, all, we know that reauthorization of powers are also at risk. If Congress fails to enforce its own subpoenas, it would effec- then we’ve already lost. FISA is infinitely more important than tively be ceding its subpoena power. It would This is not a matter of vindicating this spat over executive privilege. also be giving its tacit consent to the dan- the Judiciary Committee; and if you’re Once again, we see why Congress’ ap- gerous idea of an imperial president—above really concerned about Congress’ proval rating is at an historic low. It’s

VerDate Aug 31 2005 01:10 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.015 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H951 because the Democratic majority en- here to say that I am fully supportive utive branch. I know that Members on gages in extreme partisanship and ig- of the prerogatives of the Congress. I both sides of the aisle take that re- nores the people’s business. think the Congress has a right to ask sponsibility very seriously. Oversight I urge my colleagues to oppose this for, receive, demand information from is an institutional obligation to ensure resolution. the administration; but I don’t think against abuse of power, in this case the Ms. SLAUGHTER. Madam Speaker, I that right extends to this case. politicizing of the Department of Jus- yield 3 minutes to the gentleman from I think the idea that we would expect tice. Subpoena authority is a vital tool North Carolina (Mr. MILLER). to get information that is dealing with for that oversight. Mr. MILLER of North Carolina. advice to the President on the status of Today, we seek to require the De- Madam Speaker, I am not overly con- at-will employees is a loser for us on partment of Justice to bring contempt cerned by what the courts ultimately the House floor. It’s a loser for us in motions against Harriet Miers and decide executive privilege covers. The court. It will set back the prerogatives Josh Bolten. When our resolution Bush administration’s claim of execu- of the Congress; and beyond that, I passes, we hope the administration will tive privilege here goes well beyond think the idea that we’re here today, realize that this House of Representa- any privilege ever recognized by any as we see the Foreign Intelligence Sur- tives, this Congress, is serious about court decision, but the Republic can veillance Act get less value to us every our constitutional role of oversight and obviously survive a court decision on day because we’re unwilling to deal will reach a settlement with us over the narrow question of the exact extent with a permanent solution, this is the the documents and testimony at issue. of executive privilege. wrong debate to have at any time. It’s I still hold out the hope that they will But, Madam Speaker, the courts certainly the wrong debate to have at cooperate. must decide. The President cannot de- this time. But if the administration fails to do cide by decree. The President cannot And the idea that somehow if we ex- so, and if it orders the Department of announce with absolute, unreviewable tend that act, if we’ve done all we Justice not to file contempt pro- authority what information the admin- could do by trying to extend an act, a ceedings, we will then, through this istration will provide or withhold. bipartisan group of Members of this The Framers of our Constitution had resolution, have the power ourselves to Congress for various reasons said we go to Federal court and seek civil en- just fought a war against an autocratic don’t want to extend and then we come King. It is inconceivable that they in- forcement of our subpoenas. back today and we take our time focus- The resolution before us today should tended to create an executive with the ing on a contempt charge on two dedi- powers that the Bush administration not be a partisan issue. It should not cated civil servants is the wrong thing be. This isn’t about Democrats or Re- now claims and that the minority now to do at any time, and it’s particularly supports. publicans. Former Congressman Mick- the wrong thing to do at this time. ey Edwards, who once served in the Re- For the entire history of our Repub- Ms. SLAUGHTER. Madam Speaker, I publican leadership, has said that the lic, our courts have recognized that am pleased to yield 1 minute to the dis- enforcement of the subpoenas in the Congress needs information to carry tinguished Speaker of the House, the U.S. Attorney matter is about defend- out our constitutional duties, to decide Honorable NANCY PELOSI of California. what the laws should be, to decide Ms. PELOSI. Madam Speaker, I ing Congress, not a Democratic or a what to appropriate Federal funds for, thank the gentlelady, the Chair of the Republican Congress, but the people’s and that we cannot rely on information Rules Committee, for yielding. Congress, as a separate, independent, that is voluntarily, cheerfully pro- Today is a very sad day for us for and completely equal branch of govern- vided. Congress must have the power to more than one reason. One reason is, ment. require information, including infor- though, the matter that is before us. I The subject of the Judiciary Commit- mation that the President does not had hoped, frankly, that this day would tee’s investigation involves serious and want to provide, that the President never have come, that the respectful credible allegations that Federal law sees as inconvenient or embarrassing. negotiations that should take place be- enforcement was politicized. Political We must inquire into the need for tween article I, the legislative branch, manipulation of law enforcement un- new laws. We must inquire into how ex- and article II, the executive branch, dermines public confidence in our isting laws are being administered. And would have yielded the information criminal justice system. Congress must the Supreme Court said half a century that is necessary for Congress to make find out what happened not just in ago that Congress’ investigative pow- its decisions. terms of those who were fired but also ers are never greater than when inquir- I thank Chairman CONYERS for his whether improper criteria were used to ing into abuse of authority or corrup- distinguished lifetime leadership of retain the remaining U.S. Attorneys. tion by Federal Government agencies. protecting the Constitution of the b 1230 Madam Speaker, the allegations here United States. We all take that oath of are very serious. Does the minority office, every single one of us who We must have the information in think that these are trivial allega- serves. Indeed, every person who serves order to protect against political ma- tions? Prosecutorial decisions cannot in any civic capacity in our country nipulation of law enforcement, and it be used to reward political friends or does so. Today, we are honoring our must be provided in terms consistent punish enemies. Elections have con- oath of office with this resolution that with our constitutional obligations. sequences, Madam Speaker; but they is before us. The so-called White House offer re- should never have these consequences, Again, I rise in sadness, not in con- fused to permit even a transcript of not in America. Criminal prosecutions frontation. This is not a conflict that any interviews and to permit questions guided by political concerns are fun- the Congress has sought. In fact, as the on discussions and required the com- damentally incompatible with democ- distinguished chairman of the Judici- mittee to promise in advance not to racy and the rule of law. ary Committee has indicated, the com- seek further information. This is be- The two resolutions that we are con- mittee has repeatedly sought to avoid yond arrogance; this is hubris taken to sidering will allow the courts to decide confrontation, repeatedly making re- the ultimate degree. these questions of what information quests that have been ignored or re- As former Congressman Edwards, Congress can require in the discharge jected by the White House on com- again I remind, a former member of the of our constitutional duties. It will pletely unacceptable terms. Republican leadership in the House, allow important constitutional ques- The Judiciary Committee, indeed the said, ‘‘No Congress, indeed, no lawyer, tions to be decided, as they should be Congress, is clearly entitled to this in- would ever agree to such an outrageous decided in a democracy, by the courts. formation. It involves neither national demand.’’ Mr. LINCOLN DIAZ-BALART of security information nor communica- Madam Speaker, we must continue in Florida. Madam Speaker, I yield 2 min- tions with the President. The President our efforts to restore our Nation’s fun- utes to the distinguished minority has no grounds to assert executive damental system of checks and bal- whip, Mr. BLUNT of Missouri. privilege. ances. This Congress and future Con- Mr. BLUNT. Madam Speaker, I thank On the other hand, Congress has the gresses must have the ability to con- the gentleman for yielding, and I’m responsibility of oversight of the exec- duct meaningful oversight. It is the

VerDate Aug 31 2005 01:10 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.017 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H952 CONGRESSIONAL RECORD — HOUSE February 14, 2008 hallmark of our constitutional democ- new era of openness, an opportunity for the law when it dismissed seven U.S. racy that has served us well for more free-flowing debate, we will, with pas- attorneys in 2006, that may be the issue than two centuries. sage of this resolution, be on the brink at some point in time, but unless we Thank you, again, Chairman CON- of seeing the 110th Congress, and I will have the information to get to that YERS, for your leadership, Congress- say to the distinguished chair of the point, such a question will be moot. woman LINDA SA´ NCHEZ, chairwoman of Committee on Rules, since she is pre- Nor is this a partisan clash between a the subcommittee that dealt with this siding over this, Madam Speaker, we Democratic House and a Republican issue, Chairwoman LOUISE SLAUGHTER, will have, this Congress, adopted more President. Rather, the basic issue be- for the important work of the Rules closed rules than any Congress in the fore this House is this: whether this Committee on all of this. To the new history of the Republic. body and the committee system, which Members of Congress, on this issue of I urge a ‘‘no’’ vote on this rule. And is central to our duties to perform article I led by JOHN YARMUTH, article I urge strong support for the resolution meaningful and vigorous oversight, can I, protecting the prerogatives of the which will allow us to finally bring simply be ignored by the executive Congress of the United States, we about modernization of the Foreign In- branch when this body seeks testimony thank our new Members for their lead- telligence Surveillance Act. and documents relevant to an impor- ership honoring their oath of office. Ms. SLAUGHTER. Madam Speaker, I tant public policy controversy. And BRAD MILLER, an expert on the yield 1 minute to the distinguished ma- As the New York Times noted this subject in the Congress, has been a tre- jority leader of the House, Mr. HOYER morning, ‘‘If Congress fails to enforce mendous resource to us as well. of Maryland. its own subpoenas, it would effectively Let us uphold our oath of office by Mr. HOYER. I thank the gentlelady be ceding subpoena power. It would voting for this resolution, my col- for yielding. also be giving its tacit consent to the leagues. Let us restore the rule of law. We are dealing, in these days, with dangerous idea of an imperial Presi- Let us act to protect and defend our serious issues. And serious people have dent, above the law, and beyond the constitution by ensuring appropriate been considering these issues in com- reach of checks and balances.’’ congressional oversight in all areas es- mittee, and we will now consider them What profit it a Nation if we include sential to the well-being of the Amer- on the floor. This matter has been checks and balances within our con- ican people. pending now for over half a year. stitutional framework to protect our I urge my colleagues to support this Madam Speaker, in 1885, a young country’s freedom, and more impor- resolution. scholar wrote an influential book tantly, our people’s freedom, if, in fact, Mr. LINCOLN DIAZ-BALART of about the United States Congress enti- we honor it only in the breach? And as Florida. Madam Speaker, I yield 2 min- tled ‘‘Congressional Government.’’ And Bruce Fein, the constitutional scholar utes to the distinguished ranking mem- in that book he offered the following and former Department of Justice offi- ber of the Rules Committee, Mr. observations about legislative branch cial during the Reagan administration, DREIER of California. oversight, and he said this, ‘‘Quite as has stated, ‘‘If Congress shies from vot- (Mr. DREIER asked and was given important as legislation is vigilant ing for contempt in this case, secret permission to revise and extend his re- oversight of the administration. Not government will become the rule.’’ marks.) any particular administration, but of This is perhaps the most secretive ad- Mr. DREIER. Madam Speaker, the other coequal branch of govern- ministration in our history. This is a Speaker PELOSI is absolutely right, ment.’’ danger to our democracy. this is a very, very sad day for all of us. He continued, ‘‘It is the proper duty He went on to say ‘‘that Congress We just memorialized our colleague, of a representative body to look dili- would be reduced to an ink blot on the Tom Lantos, and we have come back gently into every affair of government constitutional map.’’ That is why today to deal with an issue which I be- and to talk much about what it sees. every one of us, every one of the 435 of lieve is one that creates the potential The informing function of Congress, us who have sworn an oath to defend to undermine the power of the first not just informing ourselves, but in- the Constitution of the United States branch of government. forming the American public as well, and uphold its laws, ought to vote for Now, as has been said, if we looked at the informing function of Congress this resolution, because it does not the potential court challenge that we should be preferred even to its legisla- matter whether there is a Republican can see, this notion that has been put tive function.’’ An interesting observa- President or a Democratic President, forward by our former colleague, Mr. tion. Many years later, in 1913, that for them to refuse to respond to a sub- Edwards, that we are, in fact, a sepa- young scholar, Woodrow Wilson, be- poena of the Congress of the United rate, independent, and equal branch of came President of the United States. States, and to even come here and government could be thrown out the Congressional oversight of any ad- claim a privilege, which they have not, window. ministration is absolutely imperative our democracy will be lessened. The other thing that’s very sad about to the proper functioning of our gov- I urge my colleagues to carry out the today, Madam Speaker, is the fact that ernment, to our system of checks and intent and the vision of the Founders we are here with an absolutely unprec- balances, and to the fulfillment of our and the writers of our Constitution. edented rule. Never before in the his- constitutional duty. A President who is Support this resolution. tory of the Republic has there been forced to answer for his administra- Mr. LINCOLN DIAZ-BALART of such a rule. This rule actually under- tion’s actions, decisions, and conduct is Florida. Madam Speaker, I would re- mines the deliberative nature of the a President who is less likely to amass mind our colleagues that one of the people’s House. What we’re doing is we power beyond that which the Constitu- reasons why the minority is outraged are saying that there will be no debate tion proscribes for his office or to im- with the conduct of the majority today whatsoever, no debate whatsoever on peril the welfare of our republic form is that we are not even allowed to de- these very important two contempt of government. And that is the con- bate nor vote on the contempt resolu- resolutions, no debate whatsoever. stitutional interest that today’s reso- tions, but rather on a rule that will When this rule is adopted, we will see lution addresses. self-adopt, automatically adopt even those two measures hereby adopted, I support the rule before us because I resolutions of this magnitude of impor- meaning that there will be no chance believe in a system of checks and bal- tance; totally unprecedented and for us to, as a House, have the kind of ances in which no branch holds itself uncalled for. debate that we did for an hour upstairs above the constitutional objectives of Madam Speaker, at this time, I yield in the Rules Committee. And so, we’re the sharing of authority, which the 2 minutes to the distinguished gen- throwing out the window the notion of Founders wisely believed was essential tleman from Wisconsin (Mr. SENSEN- participation in a free and open debate. to protect against the abuse of that au- BRENNER). And Madam Speaker, the other thing thority by any one of those branches. Mr. SENSENBRENNER. I thank the that is very sad about today is that, The issue before this body is not fun- gentleman for yielding. while we were promised 1 year ago last damentally whether the current ad- Madam Speaker, I rise in opposition month a new direction for America, a ministration acted properly and within to this resolution.

VerDate Aug 31 2005 01:10 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.020 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H953 Yesterday, the Democratic leadership to be in court and they have to assert tantly reached today’s vote to hold tried to sweep a bipartisan FISA bill their fifth amendment right after they former White House Counsel Harriet under the rug, and today they’re trying are asked a question. The same thing Miers and White House Chief of Staff to throw the President’s Chief of Staff applies here. They have to appear be- Joshua Bolten in contempt of Con- in jail. I am curious to know what hap- fore Congress and at least assert that gress. pened to the pledge of partnership with right before they can claim some kind Since March 9 of 2007, Chairman CON- Republicans in Congress, and with the of privilege; otherwise, the entire sys- YERS and I have patiently negotiated in President, and not partisanship. tem falls apart. good faith to reach an accommodation The vote we are going to take this Oh, today is a very important day for with the White House for documents afternoon has been festering since Congress. We are taking up a very, and testimony relevant to the U.S. At- July, when the House Judiciary Com- very important measure, and that is is torney investigation. mittee decided to vote on holding the Constitution going to be followed Mr. CANNON. Madam Speaker, will and are we going to do our constitu- the gentlewoman yield? White House officials in contempt. ´ This pandering to the left reflected a tional job. Ms. LINDA T. SANCHEZ of Cali- political and unnecessary escalation on Mr. LINCOLN DIAZ-BALART of fornia. Under normal instances, I the part of the Democratic majority. Florida. Madam Speaker, I yield 2 min- would, but I don’t have the time. I The contempt resolution was ap- utes to the distinguished Member from apologize. proved on a straight party line vote in California (Mr. DANIEL E. LUNGREN). Mr. CANNON. I hope the gentle- woman will remain on the floor so that the committee, and today’s vote will be 1245 b on my time I will be able to yield for a the same. The threat of losing in court Mr. DANIEL E. LUNGREN of Cali- should be enough for this institution to colloquy. fornia. I thank the gentleman for yield- Ms. LINDA T. SA´ NCHEZ of Cali- back down from this escalation. ing. fornia. I apologize to the gentleman, My concern with the Democratic Madam Speaker, I have prepared a but this is my time. leadership’s course of action is that it whole series of remarks to respond to The SPEAKER pro tempore. The gen- will likely weaken Congress’ position the comments made on the floor as to tlewoman will proceed. in situations where we disagree with the substance of the concept citation. Ms. LINDA T. SA´ NCHEZ of Cali- the President on matters of executive Unfortunately, because we’re only able fornia. Madam Speaker, we have pa- privilege. If the Speaker and the House to debate the rule, we don’t have time tiently negotiated in good faith to Judiciary Committee chairman really to do that. Let me just try to make a reach an accommodation with the cared about getting to the bottom of couple of points here very quickly. White House for documents and testi- this matter, they could have taken the First of all, the question is, is this mony relevant to the U.S. Attorney in- nonpolitical route, such as directing the most important thing we should be vestigation. Unfortunately, the White the House Office of General Counsel to doing today? Is there a time limit on House has stubbornly refused to move file a civil lawsuit with the U.S. Dis- the action of the House of Representa- off its opening position, an unreason- trict Court for the District of Colum- tives that requires us to act on this able offer that testimony be given bia. This proposal, which I suggested today? And the answer is no. This without an oath or a transcript and last summer, would be a legitimate ef- doesn’t expire today. It doesn’t expire that any testimony and documents fort to resolve our issues with the tomorrow. It doesn’t expire the next provided exclude internal White House President in an arena where the Con- day. We are able to do this anytime communications. To have negotiations, gress would have equal footing. until the end of this Congress. concessions by both sides are nec- So, what’s next? How will we reha- But what does expire? The Protect essary. Otherwise, it’s just capitula- bilitate our image to give the public America Act. It expires at midnight to- tion. confidence in the Congress? I don’t morrow. We should be doing the Na- I was extremely disappointed that think throwing the President’s Chief of tion’s business with respect to that, Ms. Miers, Mr. Bolten, and the White Staff in jail will do the trick. rather than this. If, in fact, we are seri- House based their refusal to comply It amazes me that the Democratic ous about the war on terror; if, in fact, with our subpoenas on sweeping claims leadership would bring such a divisive we are serious about gathering that in- of executive privilege and immunity matter to the floor so soon after re- formation which is necessary to pro- that some experts have called ceiving accolades for working so well tect us against those who would harm ‘‘Nixonian in breadth.’’ The sub- with the minority to pass an economic us and those we represent, we would be committee carefully considered these stimulus package. acting on the FISA Act reconstitution claims in two separate meetings last I encourage my colleagues to vote here today. We’d be acting on the Sen- year. In detailed rulings, I found that ‘‘no’’ on this resolution. ate bill. That’s the time limit. these claims were not properly asserted Ms. SLAUGHTER. Madam Speaker, I There is no reason for scheduling this and were not legally valid. Even if the am pleased to yield 2 minutes to the today. We have had 8 months to sched- claims were properly asserted and le- gentleman from New York, a member ule this. But yet we find that this is gally valid, the strong public need for of the Rules Committee, Mr. ARCURI. what we’re going to be dealing with be- information about the U.S. Attorney Mr. ARCURI. Madam Chairman, fore we go home. And we’re going to firings substantially outweighs the as- today is not about a FISA debate. Ac- say it is unimportant as to whether or sertion of executive privilege here. tually, it’s not even about whether or not we would continue with the Pro- I was also very disappointed to hear not Ms. Miers and Mr. Bolten have a tect America Act. Unimportant except from Attorney General Mukasey in tes- right to claim an executive privilege. in the opinion of the number one intel- timony before the Judiciary Com- What it is about is does a person in this ligence officer in the United States, mittee last week that he will direct the country have to follow the laws of the Admiral McConnell, who served under D.C. U.S. Attorney not to comply with United States, follow the rule of law, Democrat and Republican administra- the contempt statute, which provides follow the Constitution and abide by a tions, who told us if we allow this to go that the U.S. Attorney ‘‘shall’’ refer legally administered subpoena. down, that is, the Protect America the contempt citation to a grand jury And I guess the best way to talk Act, we will close our eyes for 60 per- for action after receiving it from the about that is to draw a comparison. cent of the legitimate terrorist targets Speaker. Under the Constitution, a person has around the world prospectively. Members on both sides of the aisle an absolute right to claim their fifth What are we doing here? should recognize the gravity of this amendment right against self-incrimi- Mr. ARCURI. Madam Speaker, I yield vote. If the executive branch is allowed nation. So, if a person is subpoenaed to 21⁄2 minutes to the gentlewoman from to simply ignore congressional sub- testify in a criminal matter, they can’t California, the Chair of the Commer- poenas while Congress stands idly by, call the judge up and say, ‘‘Judge, I cial and Administrative Law Sub- we will have abdicated our role of over- think I might have a fifth amendment committee (Ms. LINDA T. SA´ NCHEZ). sight of the executive branch and un- problem here. I’m not going to show Ms. LINDA T. SA´ NCHEZ of Cali- dermined our system of checks and bal- up.’’ The judge will tell them they have fornia. Madam Speaker, we have reluc- ances. Further, our lack of action will

VerDate Aug 31 2005 01:10 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.022 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H954 CONGRESSIONAL RECORD — HOUSE February 14, 2008 be cited by future Presidents as jus- ing that indicates that anybody has tee’s resolution recommending that the tification for questionable claims of ex- lied or that there is a reason that the House of Representatives find Harriet Miers ecutive privilege. White House has been involved. And, and Joshua Bolten in contempt of Congress. I hope that my colleagues on the Each of us has had substantial experience in therefore, there is no reason that I can the Executive Branch, including in the Office other side will stand together in sup- understand, and I have asked many of Legal Counsel. Charles J. Cooper served as port of this body’s institutional prerog- times on the record in committee hear- Assistant Attorney General for the Office of atives. Time is long overdue for Con- ings what those reasons are, what it is, legal Counsel from November 1985 through gress to reassert itself as a co-equal what the discrepancies, what the prob- July 1988. Howard C. Nielson, Jr. served as branch of government. lems are for which we need to subpoena Deputy Assistant Attorney General for the I urge support of the rule and House people in the White House and create a Office of Legal Counsel from June 2003 through August 2005. In addition, our law resolutions 979 and 980. showdown, a showdown between our in- firm has successfully litigated a number of Mr. LINCOLN DIAZ-BALART of stitution and the White House. And I significant separation of powers cases. Florida. Madam Speaker, I yield 41⁄2 ask the gentleman, as the chairman of We have reviewed the opinions of the Jus- minutes to the gentleman from Utah the committee has just risen to his tice Department regarding the assertion of (Mr. CANNON). feet, and I would love to yield to him if executive privilege and testimonial immu- Mr. CANNON. Madam Speaker, I he is willing to answer that question: nity in response to the Miers and Bolten sub- would ask the chairman of the Sub- poenas. We have also reviewed the com- What are the discrepancies? mittee report relating to this matter, the ad- committee on Commercial and Admin- Mr. CONYERS. We don’t know be- ditional views of the Chairman and Sub- istrative Law, who has oversight of cause we can’t get one sheet of paper committee Chair, and the minority views. this matter and which committee I from Mr. Bolten and nobody else will The positions asserted by the Administra- rank on, to remain on the floor so we talk to us. That’s precisely why we tion reflect the longstanding and considered could have a colloquy on this issue. were forced to this position, sir. views of the Executive Branch, views repeat- It appears that she has left the floor. Mr. CANNON. Reclaiming my time, edly affirmed by Administrations of both That’s unfortunate. Her response to my Madam Speaker, I appreciate the gen- parties. These views were held during our inquiry about yielding was that she tleman’s position. The gentleman has tenures in the Office of Legal Counsel, and we continue to believe that they are sound. didn’t have enough time, and we are said that eloquently in the past on Moreover, we believe that a decision by the standing here today with very little many occasions. But we are now talk- House to hold Ms. Miers and Mr. Bolten in time to debate an issue that is dra- ing about getting a subpoena, enforcing contempt would likely be a legally futile matically important. It’s important for a subpoena in a criminal process gesture that could ultimately undermine this institution, and, by the way, peo- against people for whom we have no Congress’s ability to obtain information ple on both sides of the aisle have said evidence, as far as I can tell, and I will from the Executive Branch. and the Speaker and majority leader As an initial matter, even if the House be happy to yield to the gentleman if votes to hold Ms. Miers and Mr. Bolten in have both made a point of how impor- he has evidence, no evidence that they contempt, and even if a contempt citation is tant this issue is to this body. It is vi- have been involved. referred to the appropriate United States At- tally important to me that we retain There are no discrepancies in the tes- torney, the United States Attorney will have the rights of this body as it relates to timony that we have had before us, is no choice but to decline to take action on administration, whether that’s a Re- there? the matter. It has long been the position of publican administration or Democratic Mr. CONYERS. If the gentleman is so the Executive Branch that ‘‘the criminal administration. kind to yield again, we don’t have any contempt of Congress statute does not apply evidence. We aren’t accusing them of to the President or presidential subordinates In his opening statements, Mr. DIAZ- who assert executive privilege.’’ Application BALART gave a quote from former At- anything, sir. We’re merely seeking the of 28 U.S.C. 458 to Presidential Appointments torney General Janet Reno in which documents that could be relevant to of Federal Judges, 19 Op. O.L.C. 350, 356 (1995) she said there was no right to do what the determination of whether the De- (opinion of Assistant Attorney General Wal- we’re trying to do today. I would have partment of Justice has been politi- ter Dellinger). As then-Assistant Attorney loved to have asked the chairman on cized. General Theodore B. Olson explained the po- the Subcommittee on Commercial and Mr. CANNON. Reclaiming my time, sition of the Executive Branch in 1984: Madam Speaker, I appreciate the gen- ‘‘First, as a matter of statutory interpreta- Administrative Law if she thought tion reinforced by compelling separation of that was the case or if she disagreed tleman’s candor, and I appreciate the powers considerations, we believe that Con- with what the scope of the right of the very gracious way the gentleman has gress may not direct the Executive to pros- administration is to not appear. handled this whole investigation. But ecute a particular individual without leaving Obviously, there is a sense in this it comes back down to this: we have no any discretion to the Executive to determine case that we ought to get something evidence. whether a violation of the law has occurred. done; and, in fact, we have done a great Let me just finish by saying that Second, as a matter of statutory interpreta- deal. We have had hundreds of hours of having seen this, if there was a con- tion and the constitutional separation of spiracy, and I know that the majority powers, we believe that the contempt of Con- depositions, literally tens of thousands gress statute was not intended to apply and of pages, tens of thousands of e-mails. believes there is something evil that is could not constitutionally be applied to an We have asked questions of everyone happening out there, then we ought to Executive Branch official who asserts the involved in the matter in the case. And have given enough time and enough President’s claim of executive privilege in what have we come up with? I wanted context to be able to track that down this context.’’ to ask the chairman what the evidence and prove that this administration has Prosecution for Contempt of Congress of an Executive Branch Official Who Has As- we are going to present to the U.S. At- done something wrong. As opposed to what the gentleman serted a Claim of Executive Privilege, 8 Op. torney is that he can take and say, I O.L.C. 101, 102 (1984); see also id. at 119, 129 have a need to get this information has just said, we have had a number of (documenting similar positions taken by the from these people in the administra- statements by the chairman of this Eisenhower and Ford Administrations). tion who won’t show up to the House. I committee saying that there is evi- While the Chairman and Subcommittee have a need to understand these facts dence of corruption. But we have had Chair note that Justice Department opinions which seem to be in confusion. I have a no evidence of corruption, none at all such as the Dellinger and Olson memoranda are not binding on Congress or the Judiciary, need to decide what between these two adduced anywhere from all the inves- tigations we have done, and there is no such opinions are binding on members of the different stories is the truth. Executive Branch—including the United But we haven’t said that to him. We basis for these contempt citations. I States Attorney to whom a contempt cita- don’t have evidence that we can give ask that we vote against them. tion would be referred. Furthermore, because the U.S. Attorney. What we are giving COOPER & KIRK, a prosecutor’s ‘‘decision whether or not to to him is a desire to continue a witch Washington, DC, December 4, 2007. prosecute . . . generally rests entirely in his hunt which has produced up to today Hon. LAMAR S. SMITH, discretion,’’ Wayte v. United States, 470 U.S. 598, 607 (1985), it is highly unlikely that Con- zero, nothing, as far as I can tell; and Ranking Member, Committee on the Judiciary, House of Representatives, Washington, DC. gress could obtain any sort of judicial review I’ve been in every meeting, every hear- DEAR MR. SMITH: We write in response to of the United States Attorney’s refusal to ing, and followed on every single depo- your request for our views regarding the submit the contempt citation to a grand sition that we have had. There is noth- legal issues raised by the Judiciary Commit- jury.

VerDate Aug 31 2005 03:13 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.024 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H955 Assuming Congress could somehow obtain gress and the Executive, it has required Con- This view also reflects the position of the judicial review of the claim of executive gress to establish that the information it Johnson and Truman Administrations. See privilege, we believe that it could not over- seeks ‘‘is demonstrably critical to the re- History of Refusals, 6 Op. O.L.C. at 771–72, come that claim on the facts presented here. sponsible fulfillment of [Congress’s] func- 777–78. And as documented by the Justice De- To be sure, there is a paucity of judicial au- tions’’ to overcome even a generalized claim partment in its opinion regarding Ms. Miers, thority resolving executive privilege dis- of executive privilege. Senate Select Com- the Executive Branch—including, again, Ad- putes between Congress and the Executive; mittee on Presidential Campaign Activities v. ministrations of both parties—have long still, the following factors should persuade a Nixon, 498 F.2d 725, 731 (D.C. Cir. 1974) (en taken the position that the same immunity court to uphold the claim of executive privi- banc). To satisfy this burden, it is not extends to former Presidents and their Advi- lege here. enough for Congress to show that the infor- sors. See Memorandum from Stephen G. First, the threshold arguments that execu- mation it desires ‘‘may possibly have some Bradbury, Principal Assistant Attorney Gen- tive privilege has not been, or cannot be, arguable relevance to the subjects it has in- eral Office of Legal Counsel, Re: Immunity properly invoked to protect the communica- vestigated and to the areas in which it may of Former Counsel to the President from tions at issue here appear insubstantial. The propose legislation.’’ Id. at 733. Rather, it Compelled Testimony at 2–3 (July 10, 2007) Chairman and Subcommittee Chair have must identify ‘‘specific legislative decisions (documenting positions taken by the Tru- identified no authority—and we are aware of that cannot responsibly be made without ac- man and Nixon Administrations). none—requiring the Executive Branch to cess to materials uniquely contained in’’ the In short, we believe the President’s asser- submit a privilege log to sustain a claim of documents or testimony it seeks. Id. Fur- tions of executive privilege and testimonial executive privilege in a legislative pro- thermore, decisions such as United States v. immunity in this instance are entirely con- ceeding. The letter sent to Chairman Con- Nixon, 418 U.S. 683 (1974), and In re Sealed stitutionally sound. We also believe that a yers by Counsel to the President Fielding, Case that limit executive privilege to accom- determination by the House to hold Mr. written ‘‘at the direction of the President’’ modate the special needs of the criminal jus- Bolten and Ms. Miers in contempt of Con- to ‘‘advise and inform [Congress] that the tice system offer little support for Congress gress would be futile as a legal matter and President has decided to assert Executive here. As the D.C. Circuit has explained: might ultimately prejudice Congress’s abil- Privilege,’’ Letter of Fred F. Fielding to ‘‘There is a clear difference between ity to obtain information from the Executive Chairmen Leahy and Conyers at 1 (June 28, Congress’s legislative tasks and the responsi- Branch. 2007), plainly suffices to invoke executive bility of a grand jury, or any institution en- Sincerely, privilege under controlling precedent. See In gaged in like functions. While fact-finding by CHARLES J. COOPER. re Sealed Case, 121 F.3d 729, 744, n.16 (D.C. a legislative committee is undeniably a part HOWARD C. NIELSON, Jr. Cir. 1997). And In re Sealed Case clearly es- of its task, legislative judgments normally Ms. SLAUGHTER. Madam Speaker, I tablishes that executive privilege extends to depend more on the predicted consequences yield 3 minutes to the gentleman from ‘‘communications of presidential advisors of proposed legislative actions and their po- Kentucky (Mr. YARMUTH). which do not directly involve the President,’’ litical acceptability, than on precise recon- Mr. YARMUTH. I thank the distin- id. at 751, and protects ‘‘communications struction of past events; Congress frequently that these advisors and their staff author or legislates on the basis of conflicting infor- guished chairwoman from the Rules solicit and receive in the course of per- mation provided in its hearings. In contrast, Committee, a native Kentuckyan and forming their function of advising the Presi- the responsibility of the grand jury turns en- someone who has always stood for the dent on official government matters’’— tirely on its ability to determine whether finest traditions of this body. whether or not the President is aware of there is probable cause to believe that cer- In November of 2006, the American those communications. Id. at 752. Given the tain named individuals did or did not com- people decided to give the Democrats essential role of the President in appointing mit specific crimes.’’ the control of the House of Representa- and removing United States Attorneys, com- Senate Select Committee, 498 F.2d at 732. tives and the Congress. I was fortunate Cf. Nixon, 418 U.S. at 713 (‘‘Without access to munications to or from senior presidential enough to be elected as one of the 43 advisors regarding the replacement of United specific facts a criminal prosecution may be States Attorneys plainly fall within the totally frustrated.’’). new Democrats in that class. scope of the privilege recognized by In re Given the voluminous documentary evi- And many people have said, in exam- Sealed Case. As the D.C. Circuit explained, dence and testimony already provided by the ining that election, oh, we were elected where ‘‘the President himself must directly Executive Branch—not to mention the addi- because of the war in Iraq. But that’s exercise the presidential power of appoint- tional documents and testimony that the not what I heard. What I heard when I ment and removal . . . there is assurance White House has offered to make available in was campaigning in 2006, and I think that even if the President were not a party attempt to resolve this controversy, see e.g., most of my colleagues in this class to the communications over which the gov- Letter of Fred F. Fielding to Chairmen would say the same thing, is we want ernment is asserting presidential privilege, Leahy and Conyers at 1–2 (June 28, 2007)—it seems clear the lingering factual ambiguities to return the Government to the tenets these communications nonetheless are inti- of the Constitution. We want to restore mately connected to his presidential deci- identified by the Committee Chairman and sionmaking.’’ Id. at 753. the Subcommittee Chair are inadequate to the checks and balances that the Second, there is nothing novel or unprece- overcome even a generalized claim of execu- Founding Fathers prescribed. We want dented in the claim of privilege here. On the tive privilege under controlling precedent. to make sure that this President and contrary, many historical precedents sup- And a judicial determination to that effect every President is held accountable, is port the Administration’s refusal to disclose would plainly prejudice Congress’s ability to not above the law. confidential communications and delibera- obtain sensitive information from the Execu- So when we came here, one of the tions relating to the appointment or dis- tive Branch not only in this investigation things we did was to start talking missal of executive officers. For example, as but in future investigations as well. about article I, which established that early as 1886, the Cleveland Administration The Justice Department’s determination rejected Congress’s attempt to obtain com- that Ms. Miers is immune from compulsion all legislative powers herein granted munications relating to the dismissal of a to testify before Congress likewise reflects shall be vested in a Congress of the district attorney (the historical predecessor the longstanding and consistent position of United States. We started wearing of today’s U.S. Attorneys). As President the Executive Branch. As Attorney General these buttons, article I buttons, and we Cleveland explained, ‘‘the documents related Reno explained in a formal opinion to the offered them to Members of both par- to an act (the suspension and removal of an President, ‘‘It is the longstanding position of ties, hoping that this would not be a Executive Branch official) which was exclu- the executive branch that ‘the President and partisan issue and not be an expression sively a discretionary executive function.’’ his immediate advisors are absolutely im- of partisanship but, instead, a respect mune from testimonial compulsion by a Con- History of Refusals by Executive Branch Of- for the integrity of this institution. ficials to Provide Information Demanded by gressional committee.’’’ Assertion of Execu- Congress, 6 Op. O.L.C. 751, 767 (1982) (opinion tive Privilege with Respect to Clemency De- Unfortunately, most of my col- of Assistant Attorney General Theodore B. cision, 23 Op. O.L.C. 1, 4 (1999) (quoting leagues on the other side chose not to Olson); see also id. at 758–759 (discussing Memorandum from John M. Harmon, Assist- wear these buttons. They have chosen similar refusals to provide information re- ant Attorney General, Office of Legal Coun- to make this a partisan issue in spite garding the appointment or removal of exec- sel, Re: Executive Privilege at 5 (May 23, of the fact that during the last 6 years utive officers by the Jackson and Tyler Ad- 1977). This view is not only that of the cur- before we took control of the Congress, ministrations). Furthermore, D.C. Circuit rent Administration and the Clinton Admin- no subpoenas were issued against this precedent addressing executive privilege ex- istration. As documented in Attorney Gen- President. No efforts to hold him ac- eral Reno’s opinion, this view also reflects pressly recognizes that ‘‘confidentiality is countable were made, in spite of the particularly critical in the appointment and the position of the Reagan, Carter, and removal context.’’ In re Sealed Case, 121 F.3d Nixon Administrations. See id. (collecting fact that in the prior administration a 729, 753 (D.C. Cir. 1997). opinions from Assistant Attorneys General thousand subpoenas were offered by the Third, when the judiciary has adjudicated Theodore B. Olson, John M. Harmon, Roger Republican Congress to the Democratic executive privilege disputes between Con- C. Crampton, and William H. Rehnquist). President.

VerDate Aug 31 2005 03:13 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.008 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H956 CONGRESSIONAL RECORD — HOUSE February 14, 2008 So, unfortunately, this has become a to support the United States, not the tion to the many infirmities and deficiencies partisan issue when it shouldn’t be. To terrorists, by passing the Senate in the manner in which the White House me this is all about institutional integ- amendments to H.R. 3773. Counsel has sought to assert executive privi- lege, in the present circumstance such privi- rity, about restoring the checks and And I thank the gentleman from lege claims would be strongly outweighed by balances. Florida for yielding. the committee’s need to obtain such infor- Fundamental to our power, legisla- b 1300 mation. tive power, is our ability to gather in- Mr. LINCOLN DIAZ-BALART of formation. If we do not stand up for our Ms. SLAUGHTER. Madam Speaker, I yield 1 minute to the gentleman from Florida. Madam Speaker, I would ask right to gather information, then in the distinguished chairwoman how Michigan (Mr. CONYERS), Chair of the spite of the fact that my colleagues on many speakers she has remaining. the other side have said we may lose Judiciary Committee. Ms. SLAUGHTER. Possibly five, our prerogatives if we go to court, if we Mr. CONYERS. I wanted to respond, Madam Speaker. don’t challenge the President on this or continue our discussion that was The SPEAKER pro tempore. The gen- issue, we will have surrendered our pre- raised by the gentleman from Utah. As tleman from Florida has 4 minutes re- rogatives; and that is the worst fate a matter of fact, in our resolution rec- maining. The gentlewoman from New that we could commit this body to. ommending that contempt of Congress York has 10 minutes remaining. So I would say, in closing, that many be issued, we found plenty of evidence Mr. LINCOLN DIAZ-BALART of people look at polls today and say the of wrongdoing at the Department of Florida. I reserve at this time. standing of the Congress is at its low- Justice, nearly 100 pages of it. This was Ms. SLAUGHTER. I am pleased to est ebb ever, and they say maybe that’s voted out of the committee. For exam- yield 2 minutes to the gentlewoman because we are not doing anything. I ple: from Ohio (Ms. SUTTON) who serves on think it’s because the American people The decision to fire or retain some both the Committee on Rules and Judi- recognize that we have been negligent U.S. attorneys may have been based in ciary. in not upholding our responsibilities part on whether or not their offices Ms. SUTTON. Madam Speaker, let us under the Constitution. were pursuing or not pursuing public recall what this is all about. We are This is an important step in restor- corruption or vote fraud cases based on here today because the now-resigned ing the integrity of this institution and partisan political factors; Chief of Staff to former attorney, restoring the confidence of the Amer- Department officials appear to have Alberto Gonzalez, ran a plan over a pe- ican people in this body in its willing- made false or misleading statements to riod of just under 2 years during which ness to respond to the dictates of the Congress, many of which sought to he maintained a revised list of U.S. at- Constitution. minimize the role of White House per- torneys to be fired or retained. If pros- Mr. LINCOLN DIAZ-BALART of sonnel in the U.S. Attorney firings; ecutors were placed on this list for po- Florida. Madam Speaker, I yield 2 min- Actions by some department per- litical reasons, or alternatively kept utes to the distinguished gentleman sonnel may have violated civil service off because of a willingness to engage in political prosecutions, these actions from Ohio (Mr. CHABOT). laws. Mr. CHABOT. Madam Speaker, rath- EXECUTIVE SUMMARY are not only improper and illegal, but er than spinning our wheels on this To date, the committee’s investigation— they constitute criminal abuse. These issue, there is a much more important which has reviewed materials provided by are serious allegations, and we have a issue that we should be dealing with the Department of Justice in depth and ob- constitutional duty to pursue this pro- today, and the very safety of our Na- tained testimony from 20 current and former ceeding today. Department of Justice employees—has un- Congress is not only entitled to look tion is at issue. I’m disappointed that covered serious evidence of wrongdoing by into this matter, we must conduct a we have reached the point in this the Department and White House staff with thorough oversight of the executive House that reasonable minds could not respect to the forced resignations of U.S. At- branch. Now, some of my colleagues prevail on an issue that involves the torneys during 2006 and related matters. This argue that the United States attorneys very safety of the American people. includes evidence that: (a) the decision to serve at the pleasure of the President. Last August Congress passed, and the fire or retain some U.S. Attorneys may have However, it is very critical to note that President signed into law, the Protect been based in part on whether or not their offices were pursuing or not pursuing public throwing out this term, ‘‘at the pleas- America Act. This critical legislation ure of the President,’’ may be accurate closed the gaps which had previously corruption or vote fraud cases based on par- tisan political factors, or otherwise bringing in the sense that the President may caused the intelligence community to cases which could have an impact on pending fire somebody for no reason, Alberto miss more than two-thirds of all over- elections; (b) Department officials appear to Gonzalez can fire somebody for no rea- seas terrorist communications, finally have made false or misleading statements to son, but they can’t fire him for an ille- allowing the United States to stay one Congress, many of which sought to minimize gal reason. step ahead of the terrorists. the role of White House personnel in the U.S. And that is what we are looking at The Senate amendments to H.R. 3773 Attorney firings, or otherwise obstruct the Committee’s investigation, and with some here. The Committee on the Judiciary would enable law enforcement and the Chairman CONYERS testified yesterday intelligence community to continue participation by White House personnel; and ( c) actions by some Department personnel that he pursued documents from the their counterterrorism efforts, includ- may have violated civil service laws and White House and the testimony of Ms. ing working with telecommunications some White House employees may have vio- Miers and from Mr. Bolten for 8 long companies and allowing officials to lated the Presidential Records Act. months, and in return the White House gather intelligence from potential for- Based on this evidence, and because of the did not provide a single document and eign terrorists outside the United apparent involvement of White House per- specifically directed Ms. Miers and Mr. States. sonnel in the U.S. Attorney firings and their Bolten to ignore the Judiciary Com- aftermath, the committee has sought to ob- At the same time, this bill is mindful mittee’s subpoenas citing executive of our Constitution and the protections tain relevant documents from the White House and documents and testimony from privilege. it affords to U.S. citizens, whether they former White House Counsel Harriet Miers— This is not a situation of exerting ex- are inside or outside the United States. who appears to have been significantly in- ecutive privilege, because Ms. Miers Furthermore, the authority provided volved in the matter—on a voluntary basis did not even show up for the hearings by the bill would sunset in 6 years, al- and, only after taking all reasonable efforts that they were called to testify before lowing Congress to revisit any issues to obtain a compromise, on a compulsory to assert that claim. Furthermore, that might arise. basis. The committee’s subpoenas have been Madam Speaker, it is one thing for We cannot afford to let the terror- met with consistent resistance, including them to decline to answer certain ques- ists, particularly those who are con- wide-ranging assertions of executive privi- tions based on a claim of executive spiring abroad, to have the upper hand. lege and immunity from testimony. This has gone so far that the administration indicated privilege; it is an entirely different Our law enforcement and intelligence in July that it would refuse to allow the Dis- matter to defy even orders to appear. communities must have every resource trict of Columbia U.S. Attorney’s office to Mr. LINCOLN DIAZ-BALART of available to do their jobs in keeping pursue any congressional contempt citation Florida. I continue to reserve, Madam this Nation safe. I urge my colleagues against the White House’s wishes. In addi- Speaker.

VerDate Aug 31 2005 01:10 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.026 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H957 Ms. SLAUGHTER. Madam Speaker, I clearly feel that they are above the tion deeply embedded in our heart, rec- yield 2 minutes to the gentleman from law. ognizing that there is nothing to pro- Tennessee (Mr. COHEN), a member of Last year, when the Judiciary Com- tect if the President says that he is not the Judiciary Committee. mittee was legitimately investigating involved. Mr. COHEN. I appreciate the time. I the political purge of U.S. attorneys Let the Constitution stand. Let us do do serve on Judiciary Committee, and I and conducting oversight into the what we are supposed to do. My looked at that empty chair that Ms. politicization of the Justice Depart- friends, vote for this in a bipartisan Miers was supposed to be sitting in ment, administration officials not only way so that the Constitution remains when she was asked to testify before failed to turn over key documents after sacred in our hearts and in this coun- our committee. receiving subpoenas, they didn’t even try. Nothing is more contemptuous of an bother to show up to testify. Madam Speaker, I am deeply frus- Madam Speaker, I rise today in strong sup- official than not to simply appear. To port of H. Res. 982, which provides that upon appear by counsel, to appear in person, trated by this administration’s contin- ued stonewalling and, frankly, the con- adoption of the rule, both H. Res. 979 recom- to allege a privilege is one thing. Not mending that the House of Representatives to show up is the uttermost peak of tempt that it has shown for Congress. As our former Republican colleague find former White House Counsel Harriet contempt that a person could have for Miers and White House Chief of Staff Joshua the Congress and for the legislative Congressman Mickey Edwards told our committee, the administration’s ac- Bolten in contempt of Congress for their re- body. She didn’t even send a little fusal to comply with subpoenas issued by the note, Ms. Miers regretfully cannot at- tions have been outrageous and it con- tinues to erode the separation of pow- Committee on the Judiciary and H. Res. 980— tend your hearing. Authorizing the Committee on the Judiciary to This is the highest contempt. We are ers. initiate or intervene in judicial proceedings to representatives of the people, and we I applaud Chairman CONYERS’ pa- enforce certain subpoenas are adopted. Both are upholding the Constitution and our tience and his many attempts to re- of the resolutions were introduced by my dis- jobs as being an equal branch of gov- solve this situation short of the man- tinguished colleague from Michigan, the Hon- ernment, which this legislative body is, ner in which we will today, but I know orable JOHN CONYERS, Jr. and there is no such thing as an impe- I speak for many of my colleagues rial Presidency, and no one is above when I say enough is enough. H. RES. 979 Mr. LINCOLN DIAZ-BALART of the law. This resolution highlights the accountability Mr. LINCOLN DIAZ-BALART of Florida. Madam Speaker, I would ask issues that this body has continued to have Florida. I continue to reserve. the distinguished chairwoman how with the Bush administration. This committee Ms. SLAUGHTER. Madam Speaker, I many speakers she has remaining. made attempt after attempt to secure critical Ms. SLAUGHTER. I believe I have am pleased to yield 11⁄2 minutes to the information voluntarily from both former White just one. And so I will yield 11⁄2 minutes gentleman from Florida (Mr. WEXLER) House Counsel Harriet Miers and White to the gentlewoman from Texas (Ms. from the Judiciary Committee. House Chief of Staff Joshua Bolten. At no JACKSON-LEE), a member of the Judici- Mr. WEXLER. Madam Speaker, no point did they cooperate and comply with our ary Committee. one is immune from accountability and (Ms. JACKSON-LEE of Texas asked requests. Even as this committee directed the rule of law, not Harriet Miers or and was given permission to revise and their appearance by subpoena, the White Josh Bolten, and especially not Presi- extend her remarks.) House sought to avert our inquiries by citing dent Bush or Vice President CHENEY. Ms. JACKSON-LEE of Texas. Madam executive privilege. It is high time to defend the Con- Speaker, I thank my colleagues of the Instead, the White House offered this com- stitution and Congress as a coequal Judiciary Committee, and I thank my mittee a very limited inquiry, completely con- branch of government. Our liberty and colleagues of the Rules Committee. trolled by providing: (1) virtually no access to freedoms as Americans are dependent Madam Speaker, I stand on this floor internal White House documents, (2) no ques- upon the checks and balances that pro- with a very heavy heart. It is a heavy tioning regarding internal White House discus- tect our Nation. Not since Watergate, heart compounded by the fact that sions, and (3) no interview transcripts. The not since Watergate has a President so Harriet Miers is my friend. We prac- White House is not bluffing with this act of de- openly disregarded the will of Con- ticed law together in the State of fiance. Rather, it seems the Bush administra- gress. Josh Bolten and Harriet Miers Texas. We worked together. And so it tion wants to test, and attempt to expand, the have blatantly ignored congressional is very difficult to stand here today limits of presidential power. subpoenas, thumbing their nose at Con- and to acknowledge what is an enor- Madam Speaker, it was on July 12, 2007 gress and our obligation of legitimate mous crisis in our Government, and that Ms. Harriet Miers was asked to testify be- oversight. that is the lack of recognition of the fore the Subcommittee on Commercial and The power of the congressional sub- constitutional premise of the three Administrative Law investigating the removal poena safeguards our liberty. It pro- equal branches of Government. I came of U.S. attorneys by the Bush administration, tects against an all-powerful President. yesterday to talk of the embeddedness and did not attend. That same day, the sub- The Constitution demands that we hold of the Constitution not only in many committee’s Chair, the Honorable LINDA these renegade officials in contempt of books but also in the hearts of Ameri- SA´NCHEZ, undertook the preliminary steps nec- Congress. cans. When I go home to Texas, people essary to declare Miers in contempt. The sub- Thank you, Madam Chairman. still ask the question: What are you committee voted 7–5 that there was no legal ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE doing about the U.S. attorney situa- justification for Ms. Miers’s failing to appear The SPEAKER pro tempore. The tion? What happened to the fairness pursuant to the subpoena. Chair would remind Members that the and integrity of the appointment proc- Notwithstanding this blatant affront to the wearing of communicative badges is ess? The American people want to House Judiciary Committee, Republican Mem- not in order while under recognition. know. We are now doing their bidding. bers allowed party affiliation to trump institu- Mr. LINCOLN DIAZ-BALART of They want us to be able to clear the tional responsibility, just as they had when Florida. Madam Speaker, I continue to air. they controlled Congress. The Minority con- reserve. As a member of the Judiciary Com- tinues to make excuses for the Bush adminis- Ms. SLAUGHTER. Madam Speaker, I mittee, let me tell you, JOHN CONYERS tration’s defiance, and appears content to let yield 2 minutes to the gentlewoman has the patience of Job. Over and over the President slight the subcommittee by in- from Florida (Ms. WASSERMAN again, and Chairwoman SANCHEZ, over structing both Ms. Miers and Mr. Bolten to not SCHULTZ) of the Judiciary Committee. and over again, working with Ranking testify. Ms. WASSERMAN SCHULTZ. Member CANNON, said that we wanted Madam Speaker, I rise today in support to do this in a way that you could H. RES. 980 AND CONGRESSIONAL OVERSIGHT of this resolution. I urge my colleagues come and give information, that infor- Congresssional oversight is an implied rath- on both sides of the aisle as Members of mation could be transcripted. We will er than an enumerated power. My colleagues a coequal branch of government to then try to find out the truth. across the aisle may make the argument that issue these contempt citations to mem- We come here with a broken heart, a nothing explicitly grants this body the authority bers of the Bush administration who humble spirit, but with the Constitu- to conduct inquiries or investigations of the

VerDate Aug 31 2005 01:10 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4634 Sfmt 9920 E:\CR\FM\K14FE7.028 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H958 CONGRESSIONAL RECORD — HOUSE February 14, 2008 Executive, to have access to records or mate- the House Parliamentarian, and they Boyd (FL) Gohmert McHenry Boyda (KS) Gonzalez McHugh rials held by the Executive, or to issue sub- are absolutely and totally unprece- Brady (PA) Goode McIntyre poenas for documents or testimony from the dented, that privileged resolutions Brady (TX) Goodlatte McKeon Executive. would be taken to the floor in this Braley (IA) Gordon McMorris However, congressional investigations sus- fashion, in effect, avoiding even the Broun (GA) Granger Rodgers Brown (SC) Graves McNerney tain and vindicate our role in our constitutional floor by virtue of the fact that when Brown-Waite, Green, Al McNulty scheme of separated powers. The rich history the rule is passed, the rule that we are Ginny Grijalva Meek (FL) of congressional investigations from the failed debating, automatically the two privi- Buchanan Gutierrez Meeks (NY) Burgess Hall (NY) Melancon St. Clair expedition in 1792 through Teapot leged resolutions of contempt will be Burton (IN) Hall (TX) Mica Dome, Watergate, and Iran-Contra, has estab- considered adopted. That is absolutely Butterfield Hare Michaud lished, in law and practice, the nature and unprecedented as well as uncalled for. Buyer Harman Miller (FL) contours of congressional prerogatives nec- And the nature of the actions of the Calvert Hastings (FL) Miller (MI) Camp (MI) Hastings (WA) Miller (NC) essary to maintain the integrity of the legisla- majority today are most, most unfor- Campbell (CA) Hayes Miller, Gary tive role. Numerous Supreme Court prece- tunate. I had the recent opportunity to Cannon Heller Miller, George dents recognize a broad and encompassing speak at Florida International Univer- Cantor Hensarling Mitchell Capito Herger Mollohan power in this body to engage in oversight and sity’s law school. Professor Levitt Capps Herseth Sandlin Moore (KS) investigation that would reach all sources of asked me to speak there about the rule Capuano Higgins Moore (WI) information necessary for carrying out its legis- of law. In studying, restudying the Cardoza Hinojosa Moran (KS) lative function. Without a countervailing con- issue, the rule of law, I stressed how Carnahan Hirono Moran (VA) Carney Hobson Murphy (CT) stitutional privilege or this body self-imposing a the independence of the judiciary is Carter Hodes Murphy, Patrick statutory restriction on our authority, this perhaps the key, or certainly one of the Castle Hoekstra Murphy, Tim chamber, along with our colleagues in the fundamental keys, to the rule of law. Castor Holden Murtha Chabot Holt Musgrave Senate, have plenary power to compel infor- And judicial restraint has permitted Chandler Hooley Myrick mation needed to discharge our legislative the judiciary to remain independent Clarke Hoyer Nadler functions from the Executive, private individ- throughout these two-plus centuries. Clay Hulshof Napolitano uals, and companies. All of the branches, Madam Speaker, Cleaver Inglis (SC) Neal (MA) Clyburn Inslee Neugebauer In McGrain v. Daugherty, 1927, the U.S. Su- must exercise restraint. Coble Israel Nunes preme Court deemed the power of inquiry, And the actions of the majority Cohen Issa Oberstar with the accompanying process to enforce it, today manifest the opposite, not only Cole (OK) Jackson (IL) Obey ‘‘an essential and appropriate auxiliary to the Conaway Jackson-Lee Olver restraint, but I would say unprece- Conyers (TX) Ortiz legislative function.’’ Senate Rule XXVI, 26, dented, uncalled for, an unprecedented Cooper Jefferson Pallone and House Rule XI, 11, presently empower all and uncalled for manner of dealing Costello Johnson (GA) Pascrell standing committees and subcommittees to re- with even an issue of this importance. Courtney Johnson, E. B. Pastor Cramer Johnson, Sam Paul quire the attendance and testimony of wit- As I stated, the majority is not even Crenshaw Jones (NC) Payne nesses and the production of documents. This allowing debate on the resolutions of Crowley Jordan Pearce chamber was given an implied power of over- contempt, not even permitting votes Cubin Kagen Pence sight by the U.S. Constitution; that power has Cuellar Kanjorski Perlmutter on the resolutions of contempt. Culberson Kaptur Peterson (MN) supported by our 3rd branch of government, The SPEAKER pro tempore. The Cummings Keller Petri the Supreme Court; we ourselves have ex- time of the gentleman has expired. Davis (AL) Kennedy Pickering pressed this authority in our Senate and Davis (CA) Kildee Pitts f Davis (IL) Kind Platts House Rules, and yet two attorneys under the Davis (KY) King (IA) Poe direction of the White House continue to tell MOTION TO ADJOURN Davis, David King (NY) Pomeroy us we do not have the proper authority. Davis, Lincoln Kingston Porter Mr. LINCOLN DIAZ-BALART of Davis, Tom Kirk Price (GA) H.R. 5230, CONTEMPT OF THE HOUSE OF REPRESENTA- Florida. Madam Speaker, I move that Deal (GA) Klein (FL) Price (NC) TIVES SUBPOENA AUTHORITY ACT OF 2008 [110TH] the House do now adjourn. DeFazio Kline (MN) Pryce (OH) On February 6, I introduced legislation that Delahunt Knollenberg Putnam The SPEAKER pro tempore. The would amend Title 28, of the United States DeLauro Kucinich Radanovich question is on the motion to adjourn. Dent Kuhl (NY) Rahall Code and grant this chamber the statutory au- The question was taken; and the Diaz-Balart, L. LaHood Ramstad thority to bring a civil action to enforce and se- Speaker pro tempore announced that Diaz-Balart, M. Lamborn Rangel cure a declaratory judgment to prevent a Dingell Lampson Regula the noes appeared to have it. threatened refusal or failure to comply with Doggett Langevin Rehberg Mr. LINCOLN DIAZ-BALART of Donnelly Larsen (WA) Reichert any subpoena or order for the production of Florida. Madam Speaker, I object to Doolittle Larson (CT) Reyes documents, the answering of any deposition or Doyle Latham Reynolds the vote on the ground that a quorum interrogatory, or the securing of testimony Drake LaTourette Richardson is not present and make the point of Dreier Latta Rodriguez issued by the House or any of its committees order that a quorum is not present. Duncan Lee Rogers (AL) or subcommittees. The SPEAKER pro tempore. Evi- Ehlers Levin Rogers (KY) Once we pass H.R. 5230, we should have Ellison Lewis (CA) Rogers (MI) no further need to adopt resolutions for au- dently a quorum is not present. Ellsworth Lewis (GA) Rohrabacher thorization to enforce certain subpoenas; we The Sergeant at Arms will notify ab- Emanuel Lewis (KY) Ros-Lehtinen sent Members. Emerson Linder Roskam would already hold that statutory authority. As Eshoo Lipinski Ross it stands now, we must collectively support The vote was taken by electronic de- Etheridge LoBiondo Rothman both H. Res. 979 and H. Res. 980 under H. vice, and there were—yeas 2, nays 400, Everett Loebsack Roybal-Allard not voting 26, as follows: Fallin Lofgren, Zoe Royce Res. 982, the adopted rule. Therefore, I urge Farr Lucas Rush my colleagues to join me in supporting H. [Roll No. 59] Fattah Lungren, Daniel Ryan (OH) Res. 982 an important piece of legislation that YEAS—2 Feeney E. Ryan (WI) Ferguson Lynch Salazar Johnson (IL) Young (AK) allows for not only accountability but enforce- Filner Mack Sali ment. NAYS—400 Flake Maloney (NY) Sa´ nchez, Linda Mr. LINCOLN DIAZ-BALART of Forbes Manzullo T. Florida. I would ask the distinguished Abercrombie Barrett (SC) Bishop (NY) Fortenberry Marchant Sanchez, Loretta Aderholt Barrow Bishop (UT) Fossella Marshall Sarbanes chairwoman if she has no other speak- Akin Bartlett (MD) Blackburn Foxx Matheson Saxton ers, obviously besides herself. Alexander Barton (TX) Blumenauer Frank (MA) Matsui Schakowsky Ms. SLAUGHTER. That’s correct, if Allen Bean Blunt Franks (AZ) McCarthy (CA) Schiff Altmire Becerra Boehner the gentleman is prepared to close. Gallegly McCarthy (NY) Schmidt Andrews Berkley Bonner Garrett (NJ) McCaul (TX) Schwartz Mr. LINCOLN DIAZ-BALART of Arcuri Berman Bono Mack Gerlach McCollum (MN) Scott (GA) Florida. Actually I will yield myself 2 Baca Berry Boozman Giffords McCotter Scott (VA) minutes at this time. Bachmann Biggert Boren Gilchrest McCrery Sensenbrenner Bachus Bilbray Boswell The actions of the majority today are Gillibrand McDermott Serrano Baird Bilirakis Boucher Gingrey McGovern Sessions unprecedented. We have checked with Baldwin Bishop (GA) Boustany

VerDate Aug 31 2005 03:13 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.019 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H959 Sestak Sutton Wasserman in late July expired on February 1, and ‘‘The government does not belong to Shadegg Tancredo Schultz several weeks ago we provided an ex- politicians in Washington, D.C. This Shays Tanner Waters Shea-Porter Tauscher Watson tension that runs out on Saturday. But government belongs to the American Sherman Taylor Watt for the last 6 months, as we have tried people, and they have a right to know Shimkus Terry Waxman to come to an agreement on this bill, what happens in Washington, D.C. Shuler Thompson (CA) Weiner we have reached out to the majority, They have a right to know what is Shuster Thompson (MS) Welch (VT) Simpson Thornberry trying to find common ground, and we Weldon (FL) going on in their White House.’’ Sires Tiahrt Weller have been turned down at every turn. I concur completely with Mr. Skelton Tiberi This week, the President, the Senate, BOEHNER on that statement. I want Slaughter Tsongas Westmoreland Smith (NE) Turner Wexler and, frankly, a majority of the Mem- neither Republican nor Democrat Smith (NJ) Udall (CO) Whitfield (KY) bers of this House have said enough is President to stonewall the House of Smith (TX) Udall (NM) Wilson (NM) enough, no more extensions. But in- Representatives or Congress. Smith (WA) Upton Wilson (OH) stead of working with the Republicans Snyder Van Hollen Wilson (SC) Madam Speaker, I yield 1 minute to Souder Vela´ zquez Wittman (VA) and Democrats who are interested in the majority leader, the gentleman Space Visclosky Wolf working on this bill that would protect from Maryland (Mr. HOYER). Spratt Walberg Woolsey our country and protect the American Mr. HOYER. Madam Speaker, I Stark Walden (OR) Wu people by passing the bipartisan Senate Stearns Walsh (NY) Wynn thank the gentlelady for yielding. Stupak Walz (MN) Yarmuth Foreign Intelligence Surveillance bill, The debates we have been having Sullivan Wamp the House floor is the scene of a par- over the past few days are consequen- NOT VOTING—26 tisan political stunt. tial and about the most important Yesterday, the majority leader said Ackerman Green, Gene Markey thing that this body does, and that is Brown, Corrine Hill Peterson (PA) that this political stunt would occur uphold the law. Not just pass the law, Costa Hinchey Renzi today because we have space on the uphold the law. DeGette Honda Ruppersberger House schedule. In other words, we As I said a little earlier in this de- Dicks Hunter Solis have space on the calendar today for a Edwards Jones (OH) bate, part of that was overseeing the Tierney politically charged fishing expedition, Engel Kilpatrick Towns executive branch to ensure that they English (PA) Lowey Young (FL) but no space for a bill that would pro- execute our laws appropriately and le- Frelinghuysen Mahoney (FL) tect the American people from terror- gally. And the Congress has been given b 1340 ists who want to kill us. under the Constitution the authority Mr. MCHUGH, Ms. MCCOLLUM of b 1345 to seek information. The Judiciary Minnesota, Messrs. LINCOLN DAVIS of Madam Speaker, I think this is the Committee has sought information and Tennessee, HIGGINS, SESTAK, Mrs. height of irresponsibility. It is an in- that information has not been forth- MUSGRAVE, Mr. RUSH, and Ms. sult to this House, and it is an insult to coming. The Congress, as Mr. BOEHNER BERKLEY changed their vote from the American people. The actions on said, cannot do its job if the Congress ‘‘yea’’ to ‘‘nay.’’ the floor of this House today will not simply fails to assert its constitutional So the motion to adjourn was re- make America safer. It will not help us role. jected. protect Americans from being at- Now there is a situation that we con- The result of the vote was announced tacked. front that a large number say they as above recorded. Earlier today, the President an- want to adjourn. They have been mak- Stated against: nounced that he would delay his trip to ing motion after motion after motion Mr. GENE GREEN of Texas. Madam Africa, a long-planned trip. He would to adjourn and they haven’t been vot- Speaker, on rollcall No. 59, had I been delay it so he could work with us to ing for it, but they have been making present, I would have voted ‘‘nay.’’ sign the long-term Foreign Intelligence it. Ms. SOLIS. Madam Speaker, during rollcall Surveillance Act modernization law And now they walk off the floor on vote No. 59, on the motion to adjourn, I was into law. House Republicans stand the assertion that we are not working. unavoidably detained. Had I been present, I ready to stay here as long as it takes They assert that we are not passing the would have voted ‘‘nay.’’ to get this bill passed and get it to the Foreign Intelligence Surveillance Act. The SPEAKER pro tempore. The gen- President’s desk. They assert that, but they all voted to tleman from Florida has 2 minutes re- Ladies and gentlemen, we will not a person not to give us the time to per- maining; the gentlewoman from New stand here and watch this floor be form our extraordinarily important du- York has 31⁄2 minutes remaining. abused for pure political grandstanding ties in resolving the differences be- Ms. SLAUGHTER. I reserve the bal- at the expense of our national security. tween the Senate and the House in a ance of my time. We will not stand for this, and we will conference committee. Mr. LINCOLN DIAZ-BALART of not stay for this. I would ask my House Now, I will tell my friends on the Re- Florida. I yield the balance of our time Republican colleagues and those who publican side of the House, they know to the distinguished minority leader, believe that we should be here pro- as well as I do that the reason the Sen- the gentleman from Ohio. tecting the American people not vote ate did not pass us a bill 3 months after Mr. BOEHNER. Madam Speaker and on this bill; let’s just get up and leave. we passed our bill to them was because my colleagues, many of you have heard Ms. SLAUGHTER. Madam Speaker, of Republican delay in the United me say on numerous occasions that I this is an interesting turn of events. States Senate. That’s the reason this think the American people sent us here They are apparently attaching no im- bill is so late getting to us. That is the to work together to get things done on portance whatsoever to the Constitu- reason we don’t have the time to work behalf of our country. tion of the United States. But that has it out. That is the reason we are not Over the last couple of weeks, we not always been the case. I want to passing legislation. have had an opportunity with the eco- read to you a little from the debate in Now, the President asserts that the nomic growth package to work in a bi- 1998 when Mr. BOEHNER speaks. expiration of the Protect America Act partisan way on behalf of the American Mr. BOEHNER says: ‘‘Mr. Speaker, it will pose a danger to our country. The people, and I really think it showed our is time for the stonewall tactics to end former National Security Council Ad- Chamber and our Congress at its best. and the cooperating to begin. Whether viser on Terrorism says that is not But I don’t think there is any priority it is stalling on basic requests for in- true. Former Assistant Attorney Gen- that we have that is more important formation or invoking executive privi- eral Wainstein says that is not true. than protecting the American people. lege, the result is the same: the Amer- Numerous others, and the chairman, For more than 6 months, we have ican people are denied the right to have asserted that is not true. Why is reached out to the majority on the know what is going on inside their it not true? Because FISA will remain Foreign Intelligence Surveillance Act White House. In the end, Mr. Speaker, in effect. because we want to give our intel- this is what this fight is about, the The authority given under the Pro- ligence officials all the tools they need American people’s right to know what tect America Act remains in effect. to protect us. That bill that was passed happens in their government. And if there are new targets, a FISA

VerDate Aug 31 2005 01:10 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.016 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H960 CONGRESSIONAL RECORD — HOUSE February 14, 2008 Court has full authority to give every from Maryland, is incorrect when he ances to prevent abuses, but this Executive authority to the administration to act. said that we are asking for a measure has shown that it thinks the rules do not apply So I tell my friends, we are pursuing to be considered overnight. On Tuesday to it. This sets a dangerous precedent for our the politics of fear, unfounded fear; 435 of this week, this measure was sent to democracy. Our system of government works Members of this House, and every one this House. We have had an oppor- only when each branch respects the authority of us, every one of us, wants to keep tunity, as we have looked at the issue and role of the others, and follows the rule of America and Americans safe. Not one of FISA modernization since July of law. of us wants to subject America or this past year to get it done, and there For the sake of our democracy, for the sake Americans to danger. is an urgency at this moment. So it has of the rule of law, and for the sake of our Con- The President’s assertion is wrong. I not been overnight. stitution, I urge my colleagues to support the say it categorically: the President’s as- I thank the gentleman for yielding. resolutions. sertion is wrong. Now the President Mr. HOYER. I thank the gentleman Ms. HERSETH SANDLIN. Madam Speaker, says he will delay his trip to stay here for his comment. There is no urgency. I plan to vote in favor of this resolution—first and work with us. I know Mr. REYES That claim is a claim made to stam- and foremost—because of the essential impor- and Mr. CONYERS will be contacting pede this House and the American peo- tance of maintaining the constitutional role of Mr. ROCKEFELLER and Mr. LEAHY to ple, I tell my friend from California. the Congress as a coequal branch of govern- discuss with them how we might move And the reason that there is no ur- ment with the executive. However, the par- forward. They in turn will talk with gency is because in 1978 this Congress tisan division over this resolution is highly re- their Republican counterparts, as well, passed legislation to ensure the fact grettable and serves to obscure the vital prin- to see how we can move forward. that we could intercept communica- ciples at stake. But the time that we asked for, less tions while at the same time pro- As my colleagues are well aware, the than 24 hours after the Senate passed tecting our Constitution. That is why House Judiciary Committee has initiated an in- us a bill, the time we asked for to elect there is no urgency. quiry into the unusual firing of several U.S. At- this process, which is the normal legis- Is there an important reason to act? torneys. The impartial administration of federal lative process to bring the Senate and There is. Do we have every intention of law around the nation depends upon the integ- the House together to fashion a bill acting? We do. But we will not be pre- rity of the U.S. Department of Justice and the that both Houses feel comfortable sented with a bill on Tuesday night and U.S. Attorneys. The decisions of the depart- with, feel is good for America, was de- be asked to pass it on Wednesday after- ment and the officials who implement its vast nied to us yesterday by unanimous noon without full and fair consider- legal authority should be free of even the ap- vote by the minority party and gave us ation. That is our duty, that is our re- pearance of impropriety, and free of politics. no time to accomplish that objective. sponsibility, and that is what we will This is true under any administration, regard- The President said he was going to do. less of party. The SPEAKER pro tempore. The gen- veto it, which is why I presume all of The importance of the committee’s inquiry tlewoman from New York is recognized you voted against it, because, of into this matter is clear. In order to secure the for 1 minute. course, in the first 6 years, we never Ms. SLAUGHTER. Madam Speaker, I facts necessary to make an informed judg- passed anything to the President that began my speech today by saying we ment regarding the propriety of those firings, he wasn’t supportive of. We were a very must not always live our lives hoping the committee first sought the voluntary co- cooperative Congress with this Presi- simply to land on a safe square. Some operation of the administration in producing all dent. This President is not used to the votes may be tough. This one isn’t. The of the information the committee needed to Congress saying, We may have a dif- first thing we do when we enter this form a fair assessment. When that coopera- ferent view, Mr. President. We, too, Congress is swear to uphold the Con- tion was not forthcoming, subpoenas were have a responsibility and we may see it stitution of the United States. That is duly issued to Chief of Staff Joshua Bolten slightly differently than you. what we are asking you to do today on and former White House counsel Harriet But, yes, as the leader on the other both sides of the aisle. For some of our Miers. On the basis of an assertion of execu- side said, we have come together. We friends, it is obviously easier for them tive privilege, neither complied with the sub- worked together. We passed a stimulus to pass; they would rather not vote on poenas. In the face of the White House’s in- package together. We can do that on this. But for the rest of us, let us stand flexibility and refusal to cooperate, the com- this bill. But we can’t do it overnight. up to our duty, why we were sent here, mittee ultimately voted to approve a contempt This matter is much too serious to do and reassert that the Congress of the citation and bring the matter before the House. it overnight. United States is a co-equal branch, and I still believe that focusing on civil pro- My friend from the Rules Committee vote ‘‘yes’’ on this. ceedings as a way to resolve the dispute indicates that this does not give us full Mr. NADLER. Madam Speaker, I rise today could have garnered bipartisan support, and time for debate on this rule. He opposes in support of the contempt resolutions. Unfor- thereby avoided much of the partisan division this rule. The interesting thing is he tunately, these resolutions are necessary for we have witnessed regarding this resolution. says contrary, we ought to be consid- Congress to meet its Constitutional obligations However, that is not the choice before the ering something overnight, overnight, and conduct oversight and investigations. We House today. We must choose between rec- without any time to consider it in con- provided many opportunities for the adminis- ognizing and supporting the constitutional role ference. tration to avoid this situation. But here we are. of Congress, or allowing the administration to The minority has now effected a We are here today to consider issuing con- direct officials and former officials to ignore an strategy that they tried to use on the tempt citations for former White House Coun- important inquiry under way in the House. agriculture bill: let’s work, but by the sel Harriet Miers and White House Chief of At this crucial moment in our nation’s his- way, we are leaving. And why are we Staff Josh Bolten for their failure even to ap- tory, it’s more important than ever to maintain leaving? We are leaving so we can pre- pear in response to valid subpoenas issued in the balance of powers between the federal clude a majority responding to a our investigation of the firings of a number of government’s executive and legislative quorum call and if a majority does not United States Attorneys and related matters branches. That balance was carefully de- respond, we will have to go out of ses- concerning the politicization of the Justice De- signed by the Founders, and we have consist- sion. So it is somewhat ironic that on partment. We issued these subpoenas only ently seen through the years the wisdom of the one hand they say we ought to be after repeated unsuccessful attempts to se- that arrangement. Over the last several years, doing something, and on the other cure their cooperation voluntarily. we witnessed first-hand the unfortunate and hand they walk out to preclude us from It is one thing to assert a legal privilege; but regrettable consequences when that balance doing our business. no one has a legal right simply to refuse to was disturbed, and Congress failed to carry Mr. DREIER. Madam Speaker, will appear at all. out its oversight responsibilities. The American the gentleman yield? This investigation seeks answers to ensure people deserve better. Mr. HOYER. I yield to the gentleman that the American people can trust the Justice Thus, I cast my vote today not only to sup- from California. Department to be guided by the law and not port the centuries-old role of the House under Mr. DREIER. Madam Speaker, I sim- by political obligations or pressures. the Constitution, but for greater transparency, ply rise to say that my very good This resolution is about the rule of law. We greater accountability, and to ensure the fair friend, the distinguished gentleman are taught about a system of checks and bal- administration of federal law. Once the facts

VerDate Aug 31 2005 01:34 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4634 Sfmt 9920 E:\CR\FM\K14FE7.034 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H961 are known, the House can make an informed The material previously referred to the minority Floor Manager) who then man- judgment about what course of action is best. by Mr. LINCOLN DIAZ-BALART of Florida ages an hour of debate and may offer a ger- Until we learn what the administration knows, is as follows: mane amendment to the pending business.’’ Deschler’s Procedure in the U.S. House of but isn’t willing to share with the Congress, we AMENDMENT TO H. RES. 982 OFFERED BY MR. Representatives, the subchapter titled LINCOLN DIAZ-BALART OF FLORIDA cannot form a final judgment in this matter. ‘‘Amending Special Rules’’ states: ‘‘a refusal Mr. UDALL of Colorado. Madam Speaker, I Strike all after the resolved clause and in- to order the previous question on such a rule regret that it is necessary for the House to sert the following: [a special rule reported from the Committee consider this matter today, but I will support ‘‘That upon adoption of this resolution, be- on Rules] opens the resolution to amend- the resolution because I have concluded that fore consideration of any order of business ment and further debate.’’ (Chapter 21, sec- the Bush administration has made it nec- other than one motion that the House ad- tion 21.2) Section 21.3 continues: Upon rejec- essary to do so. When this is disposed of, I journ, the bill (H.R. 3773) to amend the For- tion of the motion for the previous question hope we can promptly return to the pressing eign Intelligence Surveillance Act of 1978 to on a resolution reported from the Committee establish a procedure for authorizing certain needs of the American people that Congress on Rules, control shifts to the Member lead- acquisitions of foreign intelligence, and for ing the opposition to the previous question, needs to address. other purposes, with Senate amendment Last year, the Judiciary Committee began who may offer a proper amendment or mo- thereto, shall be considered to have been tion and who controls the time for debate reviewing the actions of the administration re- taken from the Speaker’s table. A motion thereon.’’ lated to the firings of a number of U.S. Attor- that the House concur in the Senate amend- Clearly, the vote on the previous question neys and allegations that this was part of a ment shall be considered as pending in the on a rule does have substantive policy impli- pattern of improper politicization of the Justice House without intervention of any point of cations. It is one of the only available tools Department. order. The Senate amendment and the mo- for those who oppose the Democratic major- After failing to get requested information vol- tion shall be considered as read. The motion ity’s agenda and allows those with alter- untarily, the Committee served subpoenas on shall be debatable for one hour equally di- native views the opportunity to offer an al- vided and controlled by the Majority Leader ternative plan. then-White House Counsel Harriet Miers and and the Minority Leader or their designees. Chief of Staff Josh Bolten. The president then The previous question shall be considered as Ms. SLAUGHTER. Madam Speaker, I invoked executive privilege and Ms. Miers and ordered on the motion to final adoption yield back the balance of my time, and Mr. Bolten, despite the subpoenas, refused to without intervening motion. I move the previous question on the appear before the Committee. In response, resolution. the Judiciary Committee approved a resolution (The information contained herein was The previous question was ordered. citing them both for contempt of the Congress. provided by Democratic Minority on mul- The SPEAKER pro tempore. The I am not a lawyer and certainly not an ex- tiple occasions throughout the 109th Con- gress.) question is on the resolution. pert on questions of executive privilege. But it The question was taken; and the seems clear to me that the administration has THE VOTE ON THE PREVIOUS QUESTION: WHAT IT REALLY MEANS Speaker pro tempore announced that refused to negotiate in good faith to resolve the ayes appeared to have it. this matter, offering only to allow some inter- This vote, the vote on whether to order the views under severe restrictions, including a previous question on a special rule, is not RECORDED VOTE bar to keeping of transcripts. merely a procedural vote. A vote against or- Mr. LINCOLN DIAZ-BALART of This is not the first time Congress has dering the previous question is a vote Florida. Madam Speaker, I demand a against the Democratic majority agenda and recorded vote. sought information from a president’s advisors. a vote to allow the opposition, at least for The Congressional Research Service reports the moment, to offer an alternative plan. It A recorded vote was ordered. there have been 74 instances since World is a vote about what the House should be de- The vote was taken by electronic de- War II where even sitting White House advis- bating. vice, and there were—ayes 223, noes 32, ers, including White House counsel, have tes- Mr. Clarence Cannon’s Precedents of the answered ‘‘present’’ 1, not voting 173, tified before Congress, including 17 between House of Representatives, (VI, 308–311) de- as follows: scribes the vote on the previous question on 1996 and 2001. But I am not aware of any in- [Roll No. 60] the rule as ‘‘a motion to direct or control the stance in which executive privilege has been AYES—223 invoked as a reason why a former advisor— consideration of the subject before the House being made by the Member in charge.’’ To Abercrombie Cramer Hinchey such as Ms. Miers—will not even make an ap- defeat the previous question is to give the Allen Crowley Hinojosa pearance before a Congressional committee in opposition a chance to decide the subject be- Altmire Cummings Hirono response to a subpoena. fore the House. Cannon cites the Speaker’s Andrews Davis (AL) Hodes And I am not persuaded by the administra- ruling of January 13, 1920, to the effect that Arcuri Davis (CA) Holden Baca Davis (IL) Holt tion’s explanations about why it refused to ‘‘the refusal of the House to sustain the de- Baird Davis, Lincoln Hooley allow Ms. Miers and Mr. Bolton to even ap- mand for the previous question passes the Baldwin DeFazio Hoyer pear, let alone to testify. For example, we control of the resolution to the opposition’’ Barrow DeGette Inslee have been assured that the President was not in order to offer an amendment. On March Bean Delahunt Israel Becerra DeLauro Jackson (IL) involved in the decision to fire the U.S. Attor- 15, 1909, a member of the majority party of- fered a rule resolution. The House defeated Berkley Dicks Jackson-Lee neys. But if that is true, how can executive the previous question and a member of the Berman Dingell (TX) Berry Doggett Jefferson privilege, which is intended to assure that a opposition rose to a parliamentary inquiry, president will receive candid advice, apply to Bishop (GA) Donnelly Johnson (GA) asking who was entitled to recognition. Bishop (NY) Doyle Johnson, E. B. this matter? Speaker Joseph G. Cannon (R-Illinois) said: Blumenauer Edwards Jones (NC) After reviewing the history of this matter, I ‘‘The previous question having been refused, Boren Ellison Kagen find myself in agreement with someone who is the gentleman from New York, Mr. Fitz- Boswell Ellsworth Kanjorski both a lawyer and a distinguished former gerald, who had asked the gentleman to Boucher Emanuel Kaptur yield to him for an amendment, is entitled to Boyd (FL) Eshoo Kennedy Member of Congress—Mickey Edwards, who Boyda (KS) Etheridge Kildee the first recognition.’’ during his service here as a Representative Brady (PA) Farr Kilpatrick from Oklahoma chaired the Republican Policy Because the vote today may look bad for Braley (IA) Fattah Kind the Democratic majority they will say ‘‘the Butterfield Filner Klein (FL) Committee. vote on the previous question is simply a Capps Frank (MA) Kucinich Commenting on this matter, he has written, vote on whether to proceed to an immediate Capuano Giffords Lampson ‘‘If Congressional leaders are not able to per- vote on adopting the resolution ..... [and] Cardoza Gilchrest Langevin suade the administration to reverse its position has no substantive legislative or policy im- Carnahan Gillibrand Larsen (WA) Carney Gonzalez Larson (CT) and allow Ms. Miers to testify and Mr. Bolten plications whatsoever.’’ But that is not what Castor Gordon Lee to produce documents, then all Members of they have always said. Listen to the defini- Chandler Green, Al Levin Congress, regardless of party, should insist tion of the previous question used in the Clarke Green, Gene Lewis (GA) that the subpoenas be enforced promptly and Floor Procedures Manual published by the Clay Grijalva Lipinski Cleaver Gutierrez Loebsack vigorously and to use civil litigation if, as the Rules Committee in the 109th Congress, (page 56). Here’s how the Rules Committee Clyburn Hall (NY) Lofgren, Zoe White House has hinted, it prohibits the D.C. described the rule using information from Cohen Hare Lynch U.S. Attorney from performing his enforcement Conyers Harman Mahoney (FL) Congressional Quarterly’s ‘‘American Con- Cooper Hastings (FL) Maloney (NY) duties.’’ gressional Dictionary’’: ‘‘If the previous Costa Herseth Sandlin Markey I agree, and because that is exactly the pur- question is defeated, control of debate shifts Costello Higgins Marshall pose of this resolution, I will vote for it. to the leading opposition member (usually Courtney Hill Matheson

VerDate Aug 31 2005 01:34 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.024 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H962 CONGRESSIONAL RECORD — HOUSE February 14, 2008 Matsui Perlmutter Space Sali Souder Walden (OR) Bolten to produce documents to the Com- McCarthy (NY) Peterson (MN) Spratt Saxton Stearns Walsh (NY) mittee on the Judiciary as directed by sub- McCollum (MN) Pomeroy Stark Schmidt Sullivan Wamp poena, to the United States Attorney for the McDermott Price (NC) Stupak Sessions Tancredo Weldon (FL) McGovern Rahall Shadegg Terry District of Columbia, to the end that Mr. Sutton Westmoreland Bolten be proceeded against in the manner McIntyre Rangel Tanner Shays Thornberry Whitfield (KY) and form provided by law. McNerney Reyes Tauscher Shimkus Tiahrt Wilson (NM) McNulty Richardson Taylor Shuster Tiberi Wilson (SC) The text of House Resolution 980 is as Meek (FL) Rodriguez Smith (NE) Towns Thompson (CA) Wolf Meeks (NY) Ross Smith (NJ) Turner follows: Thompson (MS) Young (AK) Melancon Rothman Smith (TX) Upton Tierney Young (FL) H. RES. 980 Michaud Roybal-Allard Solis Walberg Miller (NC) Rush Tsongas Resolved, That the Chairman of the Com- Miller, George Ryan (OH) Udall (CO) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE mittee on the Judiciary is authorized to ini- Mitchell Salazar Udall (NM) The SPEAKER pro tempore (during tiate or intervene in judicial proceedings in Mollohan Sa´ nchez, Linda Van Hollen the vote). Members are advised there any Federal court of competent jurisdiction, Moore (KS) T. Vela´ zquez are 4 minutes remaining to vote. on behalf of the Committee on the Judiciary, Moore (WI) Sanchez, Loretta Visclosky to seek declaratory judgments affirming the Moran (VA) Sarbanes Walz (MN) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE duty of any individual to comply with any Murphy (CT) Schakowsky Wasserman The SPEAKER pro tempore (during subpoena that is a subject of House Resolu- Murphy, Patrick Schiff Schultz Murtha Schwartz Waters the vote). Members are advised there tion 979 issued to such individual by the Nadler Scott (GA) Watson are 2 minutes remaining on this vote. Committee as part of its investigation into Napolitano Scott (VA) the firing of certain United States Attorneys Watt ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Oberstar Serrano Waxman and related matters, and to seek appropriate Obey Sestak Weiner The SPEAKER pro tempore (during ancillary relief, including injunctive relief. Olver Shea-Porter Welch (VT) the vote). Members are advised there is SEC. 2. The Committee on the Judiciary Ortiz Sherman Wexler 1 minute remaining on this vote. Pallone Shuler shall report as soon as practicable to the Wilson (OH) Pascrell Sires b 1423 House with respect to any judicial pro- Pastor Skelton Woolsey ceedings which it initiates or in which it in- Paul Slaughter Wu So the resolution was agreed to. tervenes pursuant to this resolution. Wynn Payne Smith (WA) The result of the vote was announced SEC. 3. The Office of General Counsel of the Yarmuth Pelosi Snyder as above recorded. House of Representatives shall, at the au- NOES—32 A motion to reconsider was laid on thorization of the Speaker, represent the the table. Committee on the Judiciary in any litiga- Aderholt Fossella LoBiondo tion pursuant to this resolution. In giving Brown (SC) Foxx McHugh Stated for: that authorization, the Speaker shall con- Burton (IN) Gallegly Miller, Gary Ms. SOLIS. Madam Speaker, during rollcall Camp (MI) Hall (TX) sult with the Bipartisan Legal Advisory Moran (KS) vote No. 60 on H. Res. 982, Contempt on Conaway Hoekstra Poe Group established pursuant to clause 8 of Cubin Johnson (IL) Ramstad Miers and Bolten, I was unavoidably detained. Rule II. Cuellar King (NY) Sensenbrenner Had I been present, I would have voted ‘‘yea.’’ Davis, David Kirk Simpson The SPEAKER pro tempore. By the f Davis, Tom Kuhl (NY) Weller Duncan LaHood adoption of House Resolution 982, Wittman (VA) ANNOUNCEMENT BY THE SPEAKER Ehlers Latham House Resolution 979 and House Reso- PRO TEMPORE ANSWERED ‘‘PRESENT’’—1 lution 980 stand adopted. The text of House Resolution 979 is as The SPEAKER pro tempore. Pursu- Porter follows: ant to clause 8 of rule XX, proceedings NOT VOTING—173 H. RES. 979 will resume on motions to suspend the Ackerman Emerson Lungren, Daniel Resolved, That pursuant to 2 U.S.C. 192 and rules previously postponed. Akin Engel E. 194, the Speaker of the House of Representa- Votes will be taken in the following Alexander English (PA) Mack order: Bachmann Everett Manzullo tives shall certify the report of the Com- Bachus Fallin Marchant mittee on the Judiciary, detailing the re- H. Res. 966, by the yeas and nays; Barrett (SC) Feeney McCarthy (CA) fusal of former White House Counsel Harriet H.R. 1834, by the yeas and nays; Bartlett (MD) Ferguson McCaul (TX) Miers to appear before the Subcommittee on S. 2571, by the yeas and nays; Barton (TX) Flake McCotter Commercial and Administrative Law as di- H. Con. Res. 289, by the yeas and Biggert Forbes McCrery rected by subpoena, to the United States At- Bilbray Fortenberry McHenry torney for the District of Columbia, to the nays; Bilirakis Franks (AZ) McKeon end that Ms. Miers be proceeded against in H.R. 4169, by the yeas and nays; Bishop (UT) Frelinghuysen McMorris H. Res. 790, by the yeas and nays; Blackburn Garrett (NJ) Rodgers the manner and form provided by law; and be Blunt Gerlach Mica it further H. Res. 963, by the yeas and nays; Boehner Gingrey Miller (FL) Resolved, That pursuant to 2 U.S.C. 192 and H. Res. 972, by the yeas and nays. Bonner Gohmert Miller (MI) 194, the Speaker of the House of Representa- The first electronic vote will be con- Bono Mack Goode Murphy, Tim tives shall certify the report of the Com- ducted as a 15-minute vote. Remaining Boozman Goodlatte Musgrave mittee on the Judiciary, detailing the re- Boustany Granger Myrick electronic votes will be conducted as 5- fusal of former White House Counsel Harriet Brady (TX) Graves Neal (MA) minute votes. Broun (GA) Hastings (WA) Neugebauer Miers to testify before the Subcommittee on Commercial and Administrative Law as di- Brown, Corrine Hayes Nunes f Brown-Waite, Heller Pearce rected by subpoena, to the United States At- Ginny Hensarling Pence torney for the District of Columbia, to the HONORING AFRICAN AMERICAN Buchanan Herger Peterson (PA) end that Ms. Miers be proceeded against in Burgess Hobson Petri the manner and form provided by law; and be INVENTORS Buyer Honda Pickering Calvert Hulshof Pitts it further The SPEAKER pro tempore. The un- Campbell (CA) Hunter Platts Resolved, That pursuant to 2 U.S.C. 192 and finished business is the vote on the mo- Cannon Inglis (SC) Price (GA) 194, the Speaker of the House of Representa- tion to suspend the rules and agree to Cantor Issa Pryce (OH) tives shall certify the report of the Com- the resolution, H. Res. 966, on which Capito Johnson, Sam Putnam mittee on the Judiciary, detailing the re- Carter Jones (OH) Radanovich fusal of former White House Counsel Harriet the yeas and nays were ordered. Castle Jordan Regula Miers to produce documents to the Sub- The Clerk read the title of the resolu- Chabot Keller Rehberg tion. Coble King (IA) Reichert committee on Commercial and Administra- Cole (OK) Kingston Renzi tive Law as directed by subpoena, to the The SPEAKER pro tempore. The Crenshaw Kline (MN) Reynolds United States Attorney for the District of question is on the motion offered by Culberson Knollenberg Rogers (AL) Columbia, to the end that Ms. Miers be pro- the gentlewoman from Texas (Ms. Davis (KY) Lamborn Rogers (KY) ceeded against in the manner and form pro- Deal (GA) LaTourette Rogers (MI) EDDIE BERNICE JOHNSON) that the vided by law; and be it further House suspend the rules and agree to Dent Latta Rohrabacher Resolved, That pursuant to 2 U.S.C. 192 and Diaz-Balart, L. Lewis (CA) Ros-Lehtinen 194, the Speaker of the House of Representa- the resolution, H. Res. 966. Diaz-Balart, M. Lewis (KY) Roskam The vote was taken by electronic de- Doolittle Linder Royce tives shall certify the report of the Com- Drake Lowey Ruppersberger mittee on the Judiciary, detailing the re- vice, and there were—yeas 387, nays 0, Dreier Lucas Ryan (WI) fusal of White House Chief of Staff Joshua not voting 41, as follows:

VerDate Aug 31 2005 01:34 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.010 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H963 [Roll No. 61] Regula Sestak Turner (For the text of H.R. 1834, see pro- Rehberg Shadegg Udall (CO) ceedings of the House of February 13, YEAS—387 Renzi Shays Udall (NM) Reyes Shea-Porter 2008, at page H896.) Abercrombie Dicks Klein (FL) Upton Reynolds Sherman The SPEAKER pro tempore. The Aderholt Dingell Kline (MN) Van Hollen Richardson Shimkus ´ Akin Doggett Knollenberg Velazquez Clerk will report the modification. Rodriguez Shuler Allen Donnelly Kucinich Walberg The Clerk read as follows: Rogers (AL) Shuster Walden (OR) Altmire Doyle Kuhl (NY) Strike all after the enacting clause and in- Rogers (MI) Simpson Walsh (NY) Andrews Dreier LaHood Rohrabacher Sires sert the following: Arcuri Duncan Lamborn Walz (MN) Ros-Lehtinen Skelton Wamp TITLE I—NATIONAL OCEAN EXPLORATION Baca Edwards Lampson Roskam Slaughter Bachmann Ehlers Langevin Wasserman PROGRAM Ross Smith (NE) Schultz Baird Ellison Larsen (WA) Rothman Smith (NJ) SEC. 101. SHORT TITLE. Waters Baldwin Ellsworth Larson (CT) Roybal-Allard Smith (TX) Watson This title may be cited as the ‘‘National Barrett (SC) Emanuel Latham Royce Smith (WA) Watt Ocean Exploration Program Act’’. Barrow English (PA) Latta Rush Snyder Waxman SEC. 102. AUTHORIZATION. Bartlett (MD) Eshoo Lee Ryan (OH) Souder Weiner Barton (TX) Etheridge Levin Ryan (WI) Space The Administrator of the National Oceanic Bean Everett Lewis (CA) Salazar Spratt Welch (VT) and Atmospheric Administration shall, in Becerra Fallin Lewis (GA) Sali Stearns Weldon (FL) consultation with the National Science Berkley Farr Lewis (KY) Sa´ nchez, Linda Stupak Weller Foundation and other appropriate Federal Berman Fattah Linder T. Sutton Wexler agencies, conduct a coordinated national Berry Ferguson Lipinski Sanchez, Loretta Tancredo Whitfield (KY) Biggert Filner LoBiondo Wilson (NM) ocean exploration program within the Na- Sarbanes Tanner tional Oceanic and Atmospheric Administra- Bilbray Flake Loebsack Saxton Tauscher Wilson (OH) Bilirakis Forbes Lofgren, Zoe Schakowsky Taylor Wilson (SC) tion that promotes collaboration with other Bishop (GA) Fortenberry Lucas Schiff Terry Wittman (VA) Federal ocean and undersea research and ex- Bishop (NY) Fossella Lungren, Daniel Schmidt Thompson (CA) Wolf ploration programs. To the extent appro- Bishop (UT) Foxx E. Schwartz Thompson (MS) Woolsey priate, the Administrator shall seek to fa- Blackburn Frank (MA) Lynch Scott (GA) Thornberry Wu cilitate coordination of data and information Blumenauer Franks (AZ) Maloney (NY) Scott (VA) Tiahrt Wynn Blunt Frelinghuysen Manzullo management systems, outreach and edu- Sensenbrenner Tiberi Yarmuth cation programs to improve public under- Boehner Gallegly Marchant Serrano Tierney Young (AK) Bonner Garrett (NJ) Marshall Sessions Tsongas Young (FL) standing of ocean and coastal resources, and Boozman Gerlach Matheson development and transfer of technologies to Boren Giffords Matsui NOT VOTING—41 facilitate ocean and undersea research and Boswell Gilchrest McCarthy (CA) Ackerman Feeney Neal (MA) exploration. Boucher Gillibrand McCarthy (NY) Alexander Hayes Olver SEC. 103. AUTHORITIES. Boyd (FL) Gingrey McCaul (TX) Bachus Honda Peterson (MN) Boyda (KS) (a) IN GENERAL.—In carrying out the pro- Gohmert McCollum (MN) Bono Mack Jones (OH) Peterson (PA) Brady (PA) gram authorized under section 102, the Ad- Gonzalez McCotter Boustany King (IA) Price (NC) Brady (TX) ministrator of the National Oceanic and At- Goode McDermott Brown, Corrine LaTourette Reichert Braley (IA) Goodlatte McGovern Burgess Lowey Rogers (KY) mospheric Administration (in this title re- Broun (GA) Gordon McHenry Capito Mack Ruppersberger ferred to as the ‘‘Administrator’’) shall— Brown (SC) Granger McHugh Cole (OK) Mahoney (FL) Solis (1) conduct interdisciplinary voyages or Brown-Waite, Graves McIntyre Deal (GA) Markey Stark other scientific activities of discovery in Ginny Green, Al McKeon Doolittle McCrery Sullivan Buchanan conjunction with other Federal agencies or Green, Gene McNerney Drake McMorris Towns Burton (IN) academic or educational institutions, to ex- Grijalva McNulty Emerson Rodgers Visclosky Butterfield plore and survey little known areas of the Gutierrez Meek (FL) Engel Myrick Westmoreland Buyer Hall (NY) Meeks (NY) marine environment, inventory, observe, and Calvert Hall (TX) Melancon b 1443 assess living and nonliving marine resources, Camp (MI) Hare Mica and report such findings; Campbell (CA) Harman Michaud So (two-thirds being in the affirma- (2) give priority attention to deep ocean re- Cannon Hastings (FL) Miller (FL) tive) the rules were suspended and the Cantor Hastings (WA) Miller (MI) gions, with a focus on deep water marine sys- Capps Heller Miller (NC) resolution was agreed to. tems that hold potential for important sci- Capuano Hensarling Miller, Gary The result of the vote was announced entific discoveries, such as hydrothermal Cardoza Herger Miller, George as above recorded. vent communities and seamounts; Carnahan Herseth Sandlin Mitchell A motion to reconsider was laid on (3) conduct scientific voyages to locate, de- Carney Higgins Mollohan the table. fine, and document historic shipwrecks, sub- Carter Hill Moore (KS) merged sites, and other ocean exploration Castle Hinchey Moore (WI) Stated for: activities that combine archaeology and Castor Hinojosa Moran (KS) Mr. COLE of Oklahoma. Mr. Speaker, on Chabot Hirono Moran (VA) oceanographic sciences; Chandler Hobson Murphy (CT) Thursday, February 14, 2008, I was unavoid- (4) develop and implement, in consultation Clarke Hodes Murphy, Patrick ably detained and missed rollcall vote No. 61. with the National Science Foundation, a Clay Hoekstra Murphy, Tim Had I been present, I would have voted ‘‘yea’’ transparent, competitive process for merit- Cleaver Holden Murtha (on motion to suspend the rules and agree to based peer-review and approval of proposals Clyburn Holt Musgrave for activities to be conducted under this pro- Coble Hooley Nadler H. Res. 966, honoring African American inven- Cohen Hoyer Napolitano tors, past and present, for their leadership, gram, taking into consideration advice of Conaway Hulshof Neugebauer courage, and significant contributions to our the Board established under section 104; Conyers Hunter Nunes (5) enhance the technical capability of the Cooper Inglis (SC) Oberstar national competitiveness). United States marine science community by Costa Inslee Obey Ms. SOLIS. Madam Speaker, during rollcall promoting the development of improved Costello Israel Ortiz vote No. 61 on motion to suspend and pass oceanographic research, communication, Courtney Issa Pallone H.R. 966, honoring African-American Inven- navigation, and data collection systems, as Cramer Jackson (IL) Pascrell Crenshaw Jackson-Lee Pastor tors, I was unavoidably detained. Had I been well as underwater platforms and sensors Crowley (TX) Paul present, I would have voted ‘‘yea.’’ and autonomous vehicles; and Cubin Jefferson Payne (6) establish an ocean exploration forum to f Cuellar Johnson (GA) Pearce encourage partnerships and promote commu- Culberson Johnson (IL) Pence NATIONAL OCEAN EXPLORATION nication among experts and other stake- Cummings Johnson, E. B. Perlmutter PROGRAM ACT holders in order to enhance the scientific and Davis (AL) Johnson, Sam Petri technical expertise and relevance of the na- Davis (CA) Jones (NC) Pickering Mr. BAIRD. Madam Speaker, I ask Davis (IL) Jordan Pitts tional program. Davis (KY) Kagen Platts unanimous consent that the text of the (b) DONATIONS.—In carrying out the pro- Davis, David Kanjorski Poe bill (H.R. 1834) to authorize the na- gram authorized under section 102, the Ad- Davis, Lincoln Kaptur Pomeroy tional ocean exploration program and ministrator may accept donations of prop- Davis, Tom Keller Porter erty, data, and equipment to be applied for DeFazio Kennedy Price (GA) the national undersea research pro- gram within the National Oceanic and the purpose of exploring the oceans or in- DeGette Kildee Pryce (OH) creasing knowledge of the oceans. Delahunt Kilpatrick Putnam Atmospheric Administration, as pro- SEC. 104. OCEAN EXPLORATION ADVISORY DeLauro Kind Radanovich posed to be adopted under suspension Dent King (NY) Rahall BOARD. Diaz-Balart, L. Kingston Ramstad of the rules, be modified by the amend- (a) ESTABLISHMENT.—The Administrator Diaz-Balart, M. Kirk Rangel ment that I have placed at the desk. shall appoint an Ocean Exploration Advisory

VerDate Aug 31 2005 01:34 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.022 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H964 CONGRESSIONAL RECORD — HOUSE February 14, 2008 Board composed of experts in relevant fields published in the Federal Register within 90 (1) to facilitate transfer of new exploration to— days after the close of the comment period. and undersea research technology to the pro- (1) advise the Administrator on priority The program director shall update the pro- grams authorized under titles I and II of this areas for survey and discovery; gram direction, with opportunity for public Act; (2) assist the program in the development comment, at least every five years. (2) to improve availability of communica- of a five-year strategic plan for the fields of SEC. 205. REGIONAL CENTERS AND INSTITUTE. tions infrastructure, including satellite ca- ocean, marine, and Great Lakes science, ex- (a) PROGRAMS.—The following research, ex- pabilities, to such programs; ploration, and discovery; ploration, education, and technology pro- (3) to develop an integrated, workable, and (3) annually review the quality and effec- grams shall be conducted through the net- comprehensive data management informa- tiveness of the proposal review process estab- work of extramural regional centers and the tion processing system that will make infor- lished under section 103(4); and National Institute for Undersea Science and mation on unique and significant features (4) provide other assistance and advice as Technology: obtained by such programs available for re- requested by the Administrator. (1) Core research and exploration based on search and management purposes; (b) FEDERAL ADVISORY COMMITTEE ACT.— national and regional undersea research pri- (4) to conduct public outreach activities Section 14 of the Federal Advisory Com- orities. that improve the public understanding of mittee Act (5 U.S.C. App.) shall not apply to (2) Advanced undersea technology develop- ocean science, resources, and processes, in the Board appointed under subsection (a). ment to support the National Oceanic and conjunction with relevant programs of the SEC. 105. APPLICATION WITH OUTER CONTI- Atmospheric Administration’s research mis- National Oceanic and Atmospheric Adminis- NENTAL SHELF LANDS ACT. sion and programs. tration, the National Science Foundation, Nothing in this Act supersedes, or limits (3) Development, testing, and transition of and other agencies; and the authority of the Secretary of the Inte- advanced undersea technology associated (5) to encourage cost-sharing partnerships rior under the Outer Continental Shelf Lands with ocean observatories, submersibles, ad- with governmental and nongovernmental en- Act (43 U.S.C. 1331 et seq.). vanced diving technologies, remotely oper- tities that will assist in transferring explo- SEC. 106. AUTHORIZATION OF APPROPRIATIONS. ated vehicles, autonomous underwater vehi- ration and undersea research technology and There are authorized to be appropriated to cles, and new sampling and sensing tech- technical expertise to the programs. the National Oceanic and Atmospheric Ad- nologies. (b) BUDGET COORDINATION.—The task force ministration to carry out this title— (4) Undersea science-based education and shall coordinate the development of agency (1) $30,500,000 for fiscal year 2008; outreach programs to enrich ocean science budgets and identify the items in their an- (2) $33,550,000 for fiscal year 2009; education and public awareness of the oceans nual budget that support the activities iden- (3) $36,905,000 for fiscal year 2010; and Great Lakes. tified in the strategy developed under sub- (4) $40,596,000 for fiscal year 2011; (5) Discovery, study, and development of section (a). natural products from ocean and aquatic sys- (5) $44,655,000 for fiscal year 2012; Mr. BAIRD (during the reading). (6) $49,121,000 for fiscal year 2013; and tems. (b) OPERATIONS.—Operation of the extra- Madam Speaker, I ask unanimous con- (7) $54,033,000 for fiscal year 2014. mural regional centers and the National In- sent that the amendment be considered TITLE II—UNDERSEA RESEARCH stitute for Undersea Science and Technology as read. PROGRAM shall leverage partnerships and cooperative The SPEAKER pro tempore. Is there SEC. 201. SHORT TITLE. research with academia and private indus- objection to the request of the gen- This title may be cited as the ‘‘National try. tleman from Washington? Undersea Research Program Act of 2007’’. SEC. 206. COMPETITION. There was no objection. (a) DISCRETIONARY FUND.—The program SEC. 202. AUTHORIZATION. The SPEAKER pro tempore. Is there The Administrator of the National Oceanic shall allocate no more than 10 percent of its and Atmospheric Administration shall con- annual budget to a discretionary fund that objection to the original request of the duct an undersea research, exploration, edu- may be used only for program administra- gentleman from Washington? cation, and technology development program tion and priority undersea research projects There was no objection. identified by the Director but not covered by and shall designate a Director of that pro- f gram. funding available from centers. (b) COMPETITIVE SELECTION.—The Adminis- SEC. 203. PURPOSE. trator shall conduct an initial competition ANNOUNCEMENT BY THE SPEAKER The purpose of the program authorized to select the regional centers that will par- PRO TEMPORE under section 202 is to increase scientific ticipate in the program 90 days after the The SPEAKER pro tempore. Without knowledge essential for the informed man- publication of the final program direction re- agement, use, and preservation of oceanic, objection, 5-minute voting will con- quired in section 204 and every five years tinue. marine, coastal, and Great Lakes resources. thereafter. Funding for projects conducted The Director, in carrying out the program through the regional centers shall be award- There was no objection. authorized in section 202, shall cooperate ed through a competitive, merit-reviewed f with institutions of higher education and process on the basis of their relevance to the other educational marine and ocean science goals of the program and their technical fea- NATIONAL OCEAN EXPLORATION organizations, and shall make available un- sibility. PROGRAM ACT dersea research facilities, equipment, tech- SEC. 207. AUTHORIZATION OF APPROPRIATIONS. The SPEAKER pro tempore. The un- nologies, information, and expertise to sup- There are authorized to be appropriated to port undersea research efforts by these orga- the National Oceanic and Atmospheric Ad- finished business is the vote on the mo- nizations. The Director may also enter into ministration to carry out this title— tion to suspend the rules and pass the partnerships, using existing authorities, (1) $17,500,000 for fiscal year 2008; bill, H.R. 1834, as amended, on which with the private sector to achieve the goals (2) $19,500,000 for fiscal year 2009; the yeas and nays were ordered. of the program and to promote technological (3) $21,500,000 for fiscal year 2010; The Clerk read the title of the bill. advancement of the marine industry. (4) $23,500,000 for fiscal year 2011; The SPEAKER pro tempore. The SEC. 204. PROGRAM. (5) $25,500,000 for fiscal year 2012; question is on the motion offered by The program authorized under section 202 (6) $27,500,000 for fiscal year 2013; and shall be conducted through a national head- (7) $29,500,000 for fiscal year 2014. the gentleman from Illinois (Mr. LIPIN- SKI) that the House suspend the rules quarters, a network of extramural regional TITLE III—INTERAGENCY PLANNING AND undersea research centers that represent all COORDINATION and pass the bill, H.R. 1834, as amend- relevant National Oceanic and Atmospheric ed. SEC. 301. OCEAN EXPLORATION AND UNDERSEA Administration regions, and the National In- RESEARCH TECHNOLOGY AND IN- This will be a 5-minute vote. stitute for Undersea Science and Tech- FRASTRUCTURE TASK FORCE. The vote was taken by electronic de- nology. Overall direction of the program will (a) IN GENERAL.—The Administrator of the vice, and there were—yeas 352, nays 49, be developed by the program director with a National Oceanic and Atmospheric Adminis- not voting 27, as follows: Council of Center Directors comprised of the tration, in coordination with the National directors of the extramural regional centers Science Foundation, the National Aero- [Roll No. 62] and the National Institute for Undersea nautics and Space Administration, the YEAS—352 Science and Technology. Draft program di- United States Geological Survey, the De- Abercrombie Baca Bean rection shall be published not later than 1 partment of the Navy, the Mineral Manage- Aderholt Bachmann Becerra year after the date of enactment of this Act. ment Service, and relevant governmental, Akin Bachus Berkley The draft program direction shall be pub- non-governmental, academic, industry, and Alexander Baird Berman lished in the Federal Register for a public other experts, shall convene an ocean explo- Allen Baldwin Berry comment period of not less than 120 days. ration and undersea research technology and Altmire Barrow Biggert Andrews Bartlett (MD) Bilbray Final program direction with Agency re- infrastructure task force to develop and im- Arcuri Barton (TX) Bilirakis sponses to the comments received shall be plement a strategy—

VerDate Aug 31 2005 02:12 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.028 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H965 Bishop (NY) Gordon McNerney Terry Walsh (NY) Wexler [Roll No. 63] Blumenauer Granger McNulty Thompson (CA) Walz (MN) Whitfield (KY) YEAS—400 Blunt Graves Meek (FL) Thompson (MS) Wamp Wilson (NM) Bonner Green, Al Meeks (NY) Tiberi Wasserman Wilson (OH) Abercrombie Dent King (NY) Bono Mack Green, Gene Melancon Tierney Schultz Wittman (VA) Aderholt Diaz-Balart, L. Kingston Boozman Grijalva Mica Tsongas Waters Wolf Akin Diaz-Balart, M. Kirk Boren Gutierrez Michaud Turner Watson Woolsey Alexander Dicks Kline (MN) Boswell Hall (NY) Miller (MI) Udall (NM) Watt Wu Allen Dingell Knollenberg Upton Waxman Altmire Doggett Kucinich Boucher Hall (TX) Miller, Gary Yarmuth Van Hollen Weiner Andrews Donnelly Kuhl (NY) Boustany Hare Miller, George Young (AK) Boyd (FL) Harman Mitchell Vela´ zquez Welch (VT) Arcuri Doolittle LaHood Young (FL) Boyda (KS) Hastings (FL) Mollohan Visclosky Weldon (FL) Baca Doyle Lamborn Brady (PA) Heller Moore (KS) Walden (OR) Weller Bachmann Dreier Lampson Bachus Duncan Langevin Brady (TX) Herger Moore (WI) NAYS—49 Braley (IA) Herseth Sandlin Moran (VA) Baird Edwards Larsen (WA) Brown (SC) Higgins Murphy (CT) Barrett (SC) Hensarling Radanovich Baldwin Ehlers Larson (CT) Brown-Waite, Hill Murphy, Patrick Blackburn Johnson, Sam Royce Barrett (SC) Ellison Latham Ginny Hinchey Murphy, Tim Broun (GA) Jordan Ryan (WI) Barrow Ellsworth LaTourette Buchanan Hinojosa Murtha Campbell (CA) Kingston Sali Bartlett (MD) Emanuel Latta Burton (IN) Hirono Musgrave Cantor Lamborn Sensenbrenner Barton (TX) Emerson Lee Butterfield Hobson Nadler Carter Latta Sessions Bean English (PA) Levin Buyer Hodes Napolitano Conaway Manzullo Shadegg Becerra Etheridge Lewis (CA) Berkley Everett Lewis (GA) Calvert Hoekstra Oberstar Culberson Marchant Shuster Doolittle Miller (FL) Berman Fallin Lewis (KY) Camp (MI) Holden Obey Stearns Duncan Moran (KS) Berry Farr Linder Cannon Holt Olver Sullivan Flake Myrick Biggert Fattah Lipinski Capito Hooley Ortiz Tancredo Foxx Neugebauer Bilbray Ferguson LoBiondo Capps Hoyer Pallone Thornberry Cardoza Hulshof Pascrell Franks (AZ) Nunes Bilirakis Filner Loebsack Garrett (NJ) Paul Tiahrt Bishop (GA) Flake Lofgren, Zoe Carnahan Hunter Pastor Walberg Carney Inglis (SC) Payne Gingrey Pence Bishop (NY) Forbes Lucas Wilson (SC) Castle Inslee Pearce Gohmert Petri Blackburn Fortenberry Lungren, Daniel Blumenauer Fossella E. Castor Israel Perlmutter Hastings (WA) Poe Blunt Foxx Lynch Chabot Issa Peterson (MN) NOT VOTING—27 Boehner Frank (MA) Mack Chandler Jackson (IL) Pickering Bonner Franks (AZ) Mahoney (FL) Clarke Jackson-Lee Pitts Ackerman Drake Peterson (PA) Bono Mack Frelinghuysen Maloney (NY) Clay (TX) Platts Bishop (GA) Engel Pryce (OH) Boozman Gallegly Manzullo Cleaver Jefferson Pomeroy Bishop (UT) Feeney Ruppersberger Boehner Hayes Slaughter Boren Garrett (NJ) Marchant Clyburn Johnson (GA) Porter Brown, Corrine Honda Solis Boswell Gerlach Markey Coble Johnson (IL) Price (GA) Burgess Jones (OH) Towns Boucher Giffords Marshall Cohen Johnson, E. B. Price (NC) Capuano Lowey Udall (CO) Boustany Gilchrest Matheson Cole (OK) Jones (NC) Putnam Conyers Miller (NC) Westmoreland Boyd (FL) Gillibrand Matsui Cooper Kagen Rahall Deal (GA) Neal (MA) Wynn Boyda (KS) Gingrey McCarthy (CA) Costa Kanjorski Ramstad Brady (PA) Gohmert McCarthy (NY) Costello Kaptur Rangel ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Brady (TX) Gonzalez McCaul (TX) Courtney Keller Regula The SPEAKER pro tempore (during Braley (IA) Goode McCollum (MN) Cramer Kennedy Rehberg the vote). Members are advised that Broun (GA) Goodlatte McCotter Crenshaw Kildee Reichert Brown (SC) Gordon McCrery Crowley Kilpatrick Renzi there are 2 minutes remaining in this Brown-Waite, Graves McDermott Cubin Kind Reyes vote. Ginny Green, Al McGovern Cuellar King (IA) Reynolds Buchanan Green, Gene McHenry Cummings King (NY) Richardson b 1453 Burton (IN) Grijalva McHugh Davis (AL) Kirk Rodriguez Mr. PENCE and Mr. LAMBORN Butterfield Gutierrez McIntyre Davis (CA) Klein (FL) Rogers (AL) Buyer Hall (NY) McKeon Davis (IL) Kline (MN) Rogers (KY) changed their vote from ‘‘yea’’ to Calvert Hall (TX) McMorris Davis (KY) Knollenberg Rogers (MI) ‘‘nay.’’ Camp (MI) Hare Rodgers Davis, David Kucinich Rohrabacher So (two-thirds being in the affirma- Campbell (CA) Harman McNerney Davis, Lincoln Kuhl (NY) Ros-Lehtinen tive) the rules were suspended and the Cannon Hastings (FL) McNulty Davis, Tom LaHood Roskam Cantor Hastings (WA) Meek (FL) DeFazio Lampson Ross bill, as amended, was passed. Capito Heller Meeks (NY) DeGette Langevin Rothman The result of the vote was announced Capps Hensarling Melancon Delahunt Larsen (WA) Roybal-Allard as above recorded. Cardoza Herger Mica DeLauro Larson (CT) Rush A motion to reconsider was laid on Carnahan Herseth Sandlin Michaud Dent Latham Ryan (OH) Carney Higgins Miller (FL) Diaz-Balart, L. LaTourette Salazar the table. Carter Hill Miller (MI) Diaz-Balart, M. Lee Sa´ nchez, Linda Stated for: Castle Hinchey Miller, Gary Dicks Levin T. Ms. SOLIS. Madam Speaker, during rollcall Castor Hirono Miller, George Dingell Lewis (CA) Sanchez, Loretta vote No. 62, on motion to suspend and pass Chabot Hobson Mitchell Doggett Lewis (GA) Sarbanes Chandler Hodes Mollohan Donnelly Lewis (KY) Saxton H.R. 1834, authorizing Ocean Exploration Pro- Clarke Hoekstra Moore (KS) Doyle Linder Schakowsky gram Act, I was unavoidably detained. Had I Clay Holden Moran (KS) Dreier Lipinski Schiff been present, I would have voted ‘‘yea’’. Cleaver Holt Moran (VA) Edwards LoBiondo Schmidt Clyburn Hooley Murphy (CT) Ehlers Loebsack Schwartz f Coble Hoyer Murphy, Patrick Ellison Lofgren, Zoe Scott (GA) MAKING TECHNICAL CORRECTIONS Cohen Hulshof Murphy, Tim Ellsworth Lucas Scott (VA) Cole (OK) Hunter Murtha Emanuel Lungren, Daniel Serrano TO THE FEDERAL INSECTICIDE, Conaway Inglis (SC) Musgrave Emerson E. Sestak FUNGICIDE, AND RODENTICIDE Cooper Inslee Myrick English (PA) Lynch Shays ACT Costa Israel Nadler Eshoo Mack Shea-Porter Costello Issa Napolitano Etheridge Mahoney (FL) Sherman The SPEAKER pro tempore. The un- Courtney Jackson (IL) Neugebauer Everett Maloney (NY) Shimkus finished business is the vote on the mo- Cramer Jackson-Lee Nunes Fallin Markey Shuler tion to suspend the rules and pass the Crenshaw (TX) Oberstar Farr Marshall Simpson Crowley Jefferson Obey Fattah Matheson Sires Senate bill, S. 2571, on which the yeas Cubin Johnson (GA) Olver Ferguson Matsui Skelton and nays were ordered. Cuellar Johnson (IL) Ortiz Filner McCarthy (CA) Smith (NE) The Clerk read the title of the Senate Culberson Johnson, E. B. Pallone Forbes McCarthy (NY) Smith (NJ) bill. Cummings Johnson, Sam Pascrell Fortenberry McCaul (TX) Smith (TX) Davis (AL) Jones (NC) Pastor Fossella McCollum (MN) Smith (WA) The SPEAKER pro tempore. The Davis (CA) Jordan Paul Frank (MA) McCotter Snyder question is on the motion offered by Davis (IL) Kagen Payne Frelinghuysen McCrery Souder the gentleman from California (Mr. Davis (KY) Kanjorski Pearce Gallegly McDermott Space CARDOZA) that the House suspend the Davis, David Kaptur Pence Gerlach McGovern Spratt Davis, Lincoln Keller Perlmutter Giffords McHenry Stark rules and pass the Senate bill, S. 2571. Davis, Tom Kennedy Peterson (MN) Gilchrest McHugh Stupak This will be a 5-minute vote. DeFazio Kildee Petri Gillibrand McIntyre Sutton The vote was taken by electronic de- DeGette Kilpatrick Pickering Gonzalez McKeon Tanner vice, and there were—yeas 400, nays 0, Delahunt Kind Pitts Goode McMorris Tauscher DeLauro King (IA) Platts Goodlatte Rodgers Taylor not voting 28, as follows:

VerDate Aug 31 2005 02:12 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.026 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H966 CONGRESSIONAL RECORD — HOUSE February 14, 2008 Poe Schiff Tiahrt This will be a 5-minute vote. Nunes Royce Tauscher Pomeroy Schmidt Tiberi Oberstar Rush Taylor Porter Schwartz Tierney The vote was taken by electronic de- Obey Ryan (OH) Terry Price (GA) Scott (GA) Tsongas vice, and there were—yeas 403, nays 0, Olver Ryan (WI) Thompson (CA) Price (NC) Scott (VA) Turner not voting 25, as follows: Ortiz Salazar Thompson (MS) Pryce (OH) Sensenbrenner Udall (NM) Pallone Sali Thornberry [Roll No. 64] ´ Putnam Serrano Upton Pascrell Sanchez, Linda Tiahrt Radanovich Sessions Van Hollen YEAS—403 Pastor T. Tiberi Rahall Sestak Paul Sanchez, Loretta Vela´ zquez Tierney Ramstad Shadegg Abercrombie DeGette Jones (NC) Payne Sarbanes Visclosky Tsongas Rangel Shays Aderholt Delahunt Jordan Pearce Saxton Walberg Regula Shea-Porter Akin DeLauro Kagen Pence Schakowsky Turner Rehberg Sherman Walden (OR) Alexander Dent Kanjorski Perlmutter Schiff Udall (NM) Reichert Shimkus Walsh (NY) Allen Diaz-Balart, L. Kaptur Peterson (MN) Schmidt Upton Renzi Shuler Walz (MN) Altmire Diaz-Balart, M. Keller Petri Schwartz Van Hollen Reyes Shuster Wamp Andrews Dicks Kennedy Pickering Scott (GA) Vela´ zquez Reynolds Simpson Wasserman Arcuri Dingell Kildee Pitts Scott (VA) Visclosky Richardson Sires Schultz Baca Doggett Kilpatrick Platts Sensenbrenner Walberg Rodriguez Skelton Waters Bachmann Donnelly Kind Poe Serrano Walden (OR) Rogers (AL) Smith (NE) Watson Bachus Doyle King (IA) Pomeroy Sessions Walsh (NY) Rogers (KY) Smith (NJ) Watt Baird Dreier King (NY) Porter Sestak Walz (MN) Rogers (MI) Smith (TX) Waxman Baldwin Duncan Kingston Price (GA) Shadegg Wamp Barrett (SC) Rohrabacher Smith (WA) Weiner Edwards Kirk Price (NC) Shays Wasserman Barrow Ehlers Klein (FL) Ros-Lehtinen Snyder Welch (VT) Pryce (OH) Shea-Porter Schultz Bartlett (MD) Ellison Kline (MN) Roskam Souder Weldon (FL) Putnam Sherman Waters Barton (TX) Ellsworth Knollenberg Ross Space Radanovich Shimkus Watson Weller Bean Emanuel Kucinich Rothman Spratt Westmoreland Rahall Shuler Watt Roybal-Allard Becerra Emerson Kuhl (NY) Stark Wexler Ramstad Shuster Waxman Royce Stearns Berkley English (PA) LaHood Rangel Simpson Whitfield (KY) Weiner Rush Stupak Berman Eshoo Lamborn Regula Sires Wilson (NM) Berry Etheridge Lampson Welch (VT) Ryan (OH) Sullivan Rehberg Skelton Weldon (FL) Ryan (WI) Sutton Wilson (OH) Biggert Everett Langevin Reichert Smith (NE) Weller Salazar Tancredo Wilson (SC) Bilbray Fallin Larsen (WA) Renzi Smith (NJ) Westmoreland Sali Tanner Wittman (VA) Bilirakis Farr Larson (CT) Reyes Smith (TX) Wexler Sa´ nchez, Linda Tauscher Wolf Bishop (GA) Fattah Latham Reynolds Smith (WA) T. Taylor Woolsey Bishop (NY) Feeney LaTourette Richardson Snyder Whitfield (KY) Sanchez, Loretta Terry Wu Blackburn Ferguson Latta Rodriguez Souder Wilson (NM) Sarbanes Thompson (CA) Yarmuth Blumenauer Filner Lee Rogers (AL) Space Wilson (OH) Saxton Thompson (MS) Young (AK) Blunt Flake Levin Rogers (KY) Spratt Wilson (SC) Schakowsky Thornberry Young (FL) Boehner Forbes Lewis (CA) Rogers (MI) Stark Wittman (VA) Bonner Fortenberry Lewis (GA) Rohrabacher Stearns Wolf NOT VOTING—28 Bono Mack Fossella Lewis (KY) Ros-Lehtinen Stupak Woolsey Ackerman Feeney Neal (MA) Boozman Foxx Linder Roskam Sullivan Wu Bishop (UT) Granger Peterson (PA) Boren Frank (MA) Lipinski Ross Sutton Yarmuth Brown, Corrine Hayes Ruppersberger Boswell Franks (AZ) LoBiondo Rothman Tancredo Young (AK) Boucher Frelinghuysen Loebsack Burgess Hinojosa Slaughter Roybal-Allard Tanner Young (FL) Boustany Gallegly Lofgren, Zoe Capuano Honda Solis Boyd (FL) Garrett (NJ) Lucas NOT VOTING—25 Conyers Jones (OH) Towns Deal (GA) Klein (FL) Boyda (KS) Gerlach Lungren, Daniel Ackerman Doolittle Peterson (PA) Udall (CO) Brady (PA) Giffords E. Drake Lowey Bishop (UT) Drake Ruppersberger Wynn Brady (TX) Gilchrest Lynch Engel Miller (NC) Brown, Corrine Engel Slaughter Braley (IA) Gillibrand Mack Eshoo Moore (WI) Burgess Hayes Solis Broun (GA) Gingrey Mahoney (FL) Carney Honda ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Towns Brown (SC) Gohmert Maloney (NY) Conyers Jones (OH) The SPEAKER pro tempore (during Brown-Waite, Gonzalez Manzullo Udall (CO) Crowley Lowey Wynn the vote). Members are advised that Ginny Goode Marchant Cuellar Miller (NC) Buchanan Goodlatte Markey Deal (GA) Neal (MA) there are 2 minutes remaining in this Burton (IN) Gordon Marshall vote. Butterfield Granger Matheson ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Buyer Graves Matsui b 1459 Calvert Green, Al McCarthy (CA) The SPEAKER pro tempore (during So (two-thirds being in the affirma- Camp (MI) Green, Gene McCarthy (NY) the vote). Members are advised there Campbell (CA) Grijalva McCaul (TX) are 2 minutes remaining in the vote. tive) the rules were suspended and the Cannon Gutierrez McCollum (MN) Senate bill was passed. Cantor Hall (NY) McCotter b 1507 Capito Hall (TX) McCrery The result of the vote was announced So (two-thirds being in the affirma- as above recorded. Capps Hare McDermott Capuano Harman McGovern tive) the rules were suspended and the A motion to reconsider was laid on Cardoza Hastings (FL) McHenry concurrent resolution was agreed to. the table. Carnahan Hastings (WA) McHugh The result of the vote was announced Stated for: Carter Heller McIntyre Ms. SOLIS. Madam Speaker, during rollcall Castle Hensarling McKeon as above recorded. vote No. 63, on motion to suspend and pass Castor Herger McMorris A motion to reconsider was laid on Chabot Herseth Sandlin Rodgers the table. S. 2571, FIFRA Amendments, I was unavoid- Chandler Higgins McNerney ably detained. Had I been present, I would Clarke Hill McNulty Stated for: have voted ‘‘yea.’’ Clay Hinchey Meek (FL) Ms. SOLIS. Madam Speaker, during rollcall Cleaver Hinojosa Meeks (NY) vote No. 64, on motion to suspend and pass f Clyburn Hirono Melancon Coble Hobson Mica H. Con. Res. 289, praising the NAACP, I was HONORING AND PRAISING THE Cohen Hodes Michaud unavoidably detained. Had I been present, I NAACP ON ITS 99TH ANNIVERSARY Cole (OK) Hoekstra Miller (FL) would have voted ‘‘yea.’’ The SPEAKER pro tempore. The un- Conaway Holden Miller (MI) Cooper Holt Miller, Gary f finished business is the vote on the mo- Costa Hooley Miller, George PERSONAL EXPLANATION tion to suspend the rules and agree to Costello Hoyer Mitchell the concurrent resolution, H. Con. Res. Courtney Hulshof Mollohan Ms. SLAUGHTER. Madam Speaker, on roll- Cramer Hunter Moore (KS) 289, on which the yeas and nays were Crenshaw Inglis (SC) Moore (WI) call Nos. 62, 63, and 64, had I been present, ordered. Cubin Inslee Moran (KS) I would have voted ‘‘yea.’’ The Clerk read the title of the con- Culberson Israel Moran (VA) f current resolution. Cummings Issa Murphy (CT) The SPEAKER pro tempore. The Davis (AL) Jackson (IL) Murphy, Patrick QUESTION OF PERSONAL Davis (CA) Jackson-Lee Murphy, Tim PRIVILEGE question is on the motion offered by Davis (IL) (TX) Murtha the gentleman from Tennessee (Mr. Davis (KY) Jefferson Musgrave Mr. LINCOLN DIAZ-BALART of COHEN) that the House suspend the Davis, David Johnson (GA) Myrick Florida. Madam Speaker, pursuant to Davis, Lincoln Johnson (IL) Nadler rules and agree to the concurrent reso- Davis, Tom Johnson, E. B. Napolitano clause 1 of rule IX, I rise to a question lution, H. Con. Res. 289. DeFazio Johnson, Sam Neugebauer of personal privilege.

VerDate Aug 31 2005 03:13 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.027 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H967 The SPEAKER pro tempore. The effort by the majority to force the mi- ing the rights of this institution. So for Chair has been made aware of a valid nority to give up our rights to protest any Member, any Member or anyone basis for the gentleman’s point of per- a process we feel is blatantly unfair. outside to malign Mr. DIAZ-BALART for sonal privilege. The majority’s decision to reconvene simply doing his job under very dif- The gentleman from Florida is recog- the House interrupted the tribute to ficult circumstances is not right. nized for 1 hour. my good friend Mr. Lantos. It is the Let me conclude by simply saying Mr. LINCOLN DIAZ-BALART of majority that decides when to convene that Mr. DIAZ-BALART is one of those Florida. Madam Speaker, it is with the House. It is the majority that Members who we all know is a fighter great regret, but I must rise today for chose to convene the House even for freedom and has been throughout a question of personal privilege. An ar- though many speakers remained to his entire life. In many respects, LIN- ticle appeared today, Madam Speaker, speak in the memorial for Mr. Lantos. COLN DIAZ-BALART is very similar to on the Web site of a publication called I was told by my good friend Mr. Tom Lantos. The Politico reprinting a statement by DREIER that he does not recall any me- Madam Speaker, I will say that it is a spokesperson for the majority leader morial being interrupted by a House a tragic irony that as we are remem- of this House describing actions of session, and he has been here more bering the life of Tom Lantos that a mine as ‘‘incomprehensible’’ and ‘‘un- years than I have. I have been here 15, Member like LINCOLN DIAZ-BALART justifiable’’ and insinuating that I pur- and obviously I don’t recall any either. would in any way be maligned for his posely brought disrespect to the House Madam Speaker, the statement at- work on behalf of the struggle for free- and to the memory of my dear friend tacking me today by a spokesperson dom and democracy and the liberation and colleague, Congressman Tom Lan- for the majority leader was totally of people all over this world. tos. uncalled for and unacceptable. Mr. BLUNT. Madam Speaker, will It was not my actions which were in- I yield such time as he may consume the gentleman yield? comprehensible or unjustifiable, to the ranking member of the Rules Mr. LINCOLN DIAZ-BALART of Madam Speaker, but rather the actions Committee, the gentleman from Cali- Florida. I yield to the gentleman from of the majority which deprived all fornia. Missouri. Members of this House the opportunity Mr. DREIER. Madam Speaker, I Mr. BLUNT. Madam Speaker, I thank to debate or even consider or vote on thank my friend for yielding. And we the gentleman for yielding. the contempt resolutions brought to have all come to the conclusion that I would say, of course, we come to the floor today by the majority in an this has been a very sad day in many the floor today with lots of disappoint- absolutely totally unprecedented fash- ways. Of course, the saddest part of it ment on what we are failing to do ion. was the loss of our dear friend and col- today. We think we should stay until The majority knows that the rule we league, Tom Lantos. we get other matters done. But on this considered earlier is totally and abso- I would simply like to say that Mr. issue that relates to the activities of lutely unprecedented. Its sole purpose DIAZ-BALART had the responsibility of the day, first of all, I was at the memo- was to prevent us from even debating serving as the floor manager for a rule rial service, as many of you were. I was or voting on these contempt resolu- that was, as he said in his very privileged to be there. Frankly, there tions. And further, the majority denied thoughtful statement, unprecedented. are very few Members of Congress, in us the opportunity to take up the For- And we had a debate on that rule, and the history of the Congress, that could eign Intelligence Surveillance Act this House chose to do something it have, on the very short notice that we amendments passed by the Senate, had never done before, pass a rule would have this sad service today, which we feel very strongly are in the which took two contempt resolutions would have the Foreign Minister of supreme national interest of the and adopted them. That was a decision Israel, the Secretary of State, the head United States. of the House. And I think it was an un- of the United Nations, the Speaker of The majority knew that the minority fortunate one. the House present. It was an impressive was strongly of the belief that the only Mr. DIAZ-BALART had a responsibility service, and I hate that we are having options available to us were procedural to stand up for this institution. He and this debate around any lack of respect votes. The majority knew that we in- I stood together at that service, heard for that service. tended to utilize our procedural op- from colleagues of ours and heard from On the other hand, the only work we tions to register our displeasure with many other distinguished people who had to do today was 1 hour of debate on this uncalled-for process. remembered the life of Tom Lantos. a rule that would then also replace the We purposely refrained from all pro- debate. One hour of debate. The service cedural motions during the opening b 1515 was scheduled to last from 10 o’clock moments of the session today precisely We were stunned when all of a sudden until 11:30. It turned out it lasted until to show respect for our friend and de- the bells rang and the House was going 11:50. But it was scheduled to last from parted colleague. to reconvene in the middle of this me- 10 o’clock until 11:30. We were assured by the majority that morial service. When at 10:45 the majority decides we we would not begin consideration of Now, members of the majority staff, are going to start the 1 hour of work the rule, in other words, that the House Madam Speaker, had been informed, we have to do today at 11, the majority would not reconvene until 11:30 a.m. or had been informed, of exactly what it should expect the other side to com- the conclusion of Mr. Lantos’ memorial was that we in the minority were going plain. If in fact Mr. DIAZ-BALART had service. to do. If the House reconvened and we not had his objection, 50 minutes of Tom Lantos, Madam Speaker, was an proceeded with consideration of this that 1-hour debate would have gone be- extraordinary man, a great man, and special rule, we had informed the mem- fore I ever walked out of the memorial he was my friend. It was an honor for bers of the majority staff that we were service. The vote lasted 50 minutes, or me to be present today at his memorial going to call for a vote. thereabouts. Apparently, Members service in Statuary Hall. I was sud- So Mr. DIAZ-BALART was simply couldn’t even get in to vote for 50 min- denly summoned out of the memorial working to, under very, very, very utes, let alone to get in to participate service for my friend Mr. Lantos to challenging, and, again, from my per- in the debate. perform my responsibilities as a mem- spective, unprecedented circumstances, Of course, we should have said, let’s ber of the Rules Committee, to manage where I had never before seen the not start the debate on the only work the rule for the minority side for the House of Representatives convened we are doing today while we are pass- contempt resolutions. The majority during a memorial service being held ing up the work on the Foreign Intel- had decided to resume the session dur- in Statuary Hall, but under those cir- ligence Surveillance Act. We are voting ing the memorial service. cumstances, Mr. DIAZ-BALART had the to talk about how you can kill rats in Madam Speaker, I am a member of responsibility to fulfill his duties, not the technical correction to the Federal the minority. Neither I nor my leader- to the Republican Members, but to do Insecticide, Fungicide, and Rodenticide ship control when the House convenes. what he believed to be right, and I Act. That is the only debate we were What we saw today was an uncalled-for agree with him, obviously, in uphold- going to have during 50 minutes of the

VerDate Aug 31 2005 02:09 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.053 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H968 CONGRESSIONAL RECORD — HOUSE February 14, 2008 1 hour of the memorial service. And of a little kid and you wanted me to get Crenshaw Johnson (GA) Paul Crowley Johnson (IL) Payne course LINCOLN DIAZ-BALART or some- my posture up, what you would tell Cubin Johnson, E. B. Pearce body should have stepped up to stop me? I will never forget, he told me. Cuellar Johnson, Sam Pence that, and thank goodness he did. Lantos. Your posture. That is one of Culberson Jones (NC) Perlmutter I am really sad that a service we the first things that impressed me Cummings Jordan Peterson (MN) Davis (AL) Kagen Petri should have all agreed on would be the about Tom Lantos, even before I Davis (CA) Kanjorski Pickering priority of the morning, we couldn’t learned about his zealous extraor- Davis (IL) Kaptur Pitts manage for that to be the priority of dinary commitment to the oppressed Davis (KY) Keller Platts the morning. We had to start the 1 Davis, David Kennedy Poe everywhere where people are still long- Davis, Lincoln Kildee Pomeroy hour of work we had to do 50 minutes ing to be free. Davis, Tom Kilpatrick Porter before that service turned out to end So let us all then end this recollec- DeFazio Kind Price (GA) and 30 minutes before it was scheduled tion of what I believe was a very unfor- DeGette King (IA) Price (NC) Delahunt King (NY) Pryce (OH) to end. tunate moment remembering someone DeLauro Kingston Putnam I am regretful that my good friend who we can all agree was extraor- Dent Kirk Radanovich had to rise to this moment of personal dinary, enriched our lives, and was a Diaz-Balart, L. Klein (FL) Rahall privilege, but I certainly support him Diaz-Balart, M. Kline (MN) Ramstad great Member of Congress and a great Dicks Knollenberg Rangel in seeking this privilege and hope that American. Thank you all very much. Dingell Kucinich Regula the Members of the House will under- Doggett Kuhl (NY) Rehberg stand what happened here and appre- f Donnelly LaHood Reichert Doolittle Lamborn Renzi ciate the great respect we all have for ANNOUNCEMENT BY THE SPEAKER Dreier Lampson Reyes Tom Lantos. PRO TEMPORE Duncan Langevin Reynolds Mr. HOYER. Madam Speaker, will Edwards Larsen (WA) Richardson the gentleman yield? The SPEAKER pro tempore. Pursu- Ehlers Larson (CT) Rodriguez Mr. LINCOLN DIAZ-BALART of ant to clause 8 of rule XX, proceedings Ellison Latham Rogers (AL) will resume on motions to suspend the Ellsworth LaTourette Rogers (KY) Florida. I yield to the gentleman from Emanuel Latta Rogers (MI) Maryland. rules previously postponed. Emerson Lee Rohrabacher Mr. HOYER. I rise, as I have a couple Votes will be taken in the following English (PA) Levin Ros-Lehtinen order: Etheridge Lewis (CA) Roskam of times in the past, to simply say that Everett Lewis (GA) Ross I think on our side, obviously, we be- H.R. 4169, by the yeas and nays; Fallin Lewis (KY) Rothman lieved that we needed to move forward H. Res. 790, by the yeas and nays; Farr Linder Roybal-Allard on the work. All of us, however, share H. Res. 963, by the yeas and nays; Fattah Lipinski Royce H. Res. 972, by the yeas and nays. Feeney LoBiondo Rush what has been said about Tom Lantos, Ferguson Loebsack Ryan (OH) for whom we had the greatest respect, The first electronic vote will be con- Filner Lucas Ryan (WI) and we all share a sadness at his loss. ducted as a 15-minute vote. Remaining Flake Lungren, Daniel Salazar electronic votes will be conducted as 5- Forbes E. Sali I regret that the actions that precip- Fortenberry Lynch Sa´ nchez, Linda itated this hour that you are taking minute votes. Fossella Mack T. Foxx Mahoney (FL) Sarbanes have occurred. They have occurred. We f can’t change them. Having said that, I Frank (MA) Maloney (NY) Saxton Franks (AZ) Manzullo Schakowsky want to say that I understand the point AMERICAN BRAILLE FLAG Frelinghuysen Marchant Schiff the gentleman is making, and I under- MEMORIAL ACT Gallegly Markey Schmidt stand the point my friend Mr. BLUNT Garrett (NJ) Marshall Schwartz The SPEAKER pro tempore. The un- Gerlach Matheson Scott (GA) has made. I think it will suffice to say finished business is the vote on the mo- Giffords Matsui Scott (VA) that. But I can appreciate the position tion to suspend the rules and pass the Gilchrest McCarthy (CA) Sensenbrenner the gentleman found himself in and Gillibrand McCarthy (NY) Serrano bill, H.R. 4169, on which the yeas and Gingrey McCaul (TX) Sessions that Mr. BLUNT and his leadership nays were ordered. Gohmert McCollum (MN) Shadegg found themselves in. The Clerk read the title of the bill. Gonzalez McCotter Shays Mr. LINCOLN DIAZ-BALART of The SPEAKER pro tempore. The Goode McCrery Shea-Porter Goodlatte McDermott Sherman Florida. Thank you. question is on the motion offered by Madam Speaker, I utilized the oppor- Gordon McGovern Shimkus the gentleman from Texas (Mr. Granger McHenry Shuler tunity of the rules to rise to a question RODRIGUEZ) that the House suspend the Graves McHugh Shuster of personal privilege due to the state- rules and pass the bill, H.R. 4169. Green, Al McIntyre Simpson ments attributed in the press that I Green, Gene McKeon Sires The vote was taken by electronic de- Grijalva McMorris Skelton mentioned before to a spokesperson, vice, and there were—yeas 396, nays 0, Gutierrez Rodgers Slaughter which I stated and restated I believe not voting 32, as follows: Hall (TX) McNulty Smith (NE) were totally uncalled for and unaccept- Hare Meek (FL) Smith (NJ) [Roll No. 65] able. Harman Meeks (NY) Smith (TX) YEAS—396 Hastings (FL) Melancon Smith (WA) I thank all of you for having listened Hastings (WA) Mica Snyder to me with such courtesy. It is for Abercrombie Blackburn Cannon Heller Michaud Souder someone who arrived as a 4-year-old Aderholt Blumenauer Cantor Hensarling Miller (FL) Space Akin Blunt Capito Herger Miller (MI) Spratt refugee with his family fleeing oppres- Alexander Boehner Capps Herseth Sandlin Miller (NC) Stark sion, an extraordinary moment in the Allen Bonner Capuano Higgins Miller, Gary Stearns midst of the sadness of the day, and the Altmire Bono Mack Cardoza Hill Mitchell Stupak Andrews Boozman Carnahan offense that I felt, it is an extraor- Hinchey Mollohan Sullivan Arcuri Boren Carney Hinojosa Moore (KS) Sutton dinary moment to be able to rise and Baca Boswell Carter Hirono Moore (WI) Tancredo invoke the rules of the House to seek Bachmann Boucher Castle Hobson Moran (KS) Tanner the attention of the representatives of Bachus Boustany Castor Hodes Moran (VA) Tauscher Baird Boyd (FL) Chabot Hoekstra Murphy (CT) Taylor this extraordinary Nation. So I thank Baldwin Boyda (KS) Chandler Holden Murphy, Patrick Terry each and every one of you for your pa- Barrett (SC) Brady (PA) Clarke Holt Murtha Thompson (MS) tience and your courtesy. Barrow Brady (TX) Clay Hooley Musgrave Thornberry Bartlett (MD) Braley (IA) Cleaver At this point, after thanking Mr. Hoyer Myrick Tiahrt Bean Broun (GA) Clyburn Hulshof Nadler Tiberi DREIER, thanking Mr. BLUNT, and Becerra Brown (SC) Coble Hunter Napolitano Tierney thanking the majority leader for their Berkley Brown-Waite, Cohen Inglis (SC) Neugebauer Turner kind words, I simply end remembering Berman Ginny Cole (OK) Inslee Nunes Udall (NM) Berry Buchanan Conaway Israel Oberstar Upton a friend who everyone in this room can Biggert Burton (IN) Conyers Issa Obey Van Hollen agree enriched our lives. My son men- Bilbray Butterfield Cooper Jackson (IL) Olver Vela´ zquez tioned the other day this week when Bilirakis Buyer Costa Jackson-Lee Ortiz Visclosky Bishop (GA) Calvert Costello we were talking about the sad news, he (TX) Pallone Walberg Bishop (NY) Camp (MI) Courtney Jefferson Pastor Walden (OR) said, Dad, do you remember when I was Bishop (UT) Campbell (CA) Cramer

VerDate Aug 31 2005 04:07 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.054 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H969 Walsh (NY) Waxman Wilson (SC) [Roll No. 66] Reichert Shadegg Tsongas Walz (MN) Weiner Wittman (VA) Renzi Shays Udall (NM) Wamp Weldon (FL) Wolf YEAS—383 Reyes Shea-Porter Upton Wasserman Westmoreland Woolsey Reynolds Sherman Abercrombie Dreier LaHood Van Hollen Schultz Wexler Wu Richardson Shimkus ´ Aderholt Duncan Lamborn Velazquez Waters Whitfield (KY) Yarmuth Rodriguez Shuler Akin Edwards Lampson Visclosky Watson Wilson (NM) Young (AK) Rogers (AL) Shuster Alexander Ehlers Langevin Walden (OR) Watt Wilson (OH) Young (FL) Rogers (KY) Simpson Allen Ellison Larsen (WA) Walsh (NY) Rogers (MI) Sires Walz (MN) NOT VOTING—32 Altmire Ellsworth Larson (CT) Rohrabacher Skelton Arcuri Emanuel Latham Wamp Ackerman Honda Sanchez, Loretta Roskam Slaughter Bachmann Emerson LaTourette Wasserman Barton (TX) Jones (OH) Sestak Ross Smith (NE) Schultz Bachus English (PA) Latta Rothman Smith (NJ) Brown, Corrine Lofgren, Zoe Solis Waters Baird Etheridge Lee Roybal-Allard Smith (TX) Burgess Lowey Thompson (CA) Watson Deal (GA) McNerney Baldwin Everett Levin Royce Smith (WA) Towns Watt Doyle Miller, George Barrett (SC) Fallin Lewis (CA) Ryan (OH) Snyder Tsongas Waxman Drake Murphy, Tim Barrow Farr Lewis (GA) Ryan (WI) Souder Udall (CO) Weiner Engel Neal (MA) Bartlett (MD) Fattah Lewis (KY) Salazar Space Welch (VT) Welch (VT) Eshoo Pascrell Bean Feeney Linder Sali Spratt Weller Weldon (FL) Hall (NY) Peterson (PA) Becerra Ferguson Lipinski Sa´ nchez, Linda Stark Wynn Hayes Ruppersberger Berkley Filner LoBiondo T. Stearns Weller Berman Flake Loebsack Sanchez, Loretta Stupak Westmoreland ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Berry Forbes Lucas Sarbanes Sullivan Wexler The SPEAKER pro tempore (during Biggert Fortenberry Lungren, Daniel Saxton Sutton Whitfield (KY) the vote). Members are advised there Bilbray Fossella E. Schakowsky Tancredo Wilson (NM) Bilirakis Foxx Lynch Schiff Tanner Wilson (OH) are 5 minutes remaining on this vote. Bishop (GA) Frank (MA) Mack Schmidt Tauscher Wilson (SC) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Bishop (NY) Franks (AZ) Mahoney (FL) Schwartz Taylor Wittman (VA) The SPEAKER pro tempore (during Bishop (UT) Frelinghuysen Maloney (NY) Scott (GA) Terry Wolf Blackburn Gallegly Manzullo Scott (VA) Thompson (MS) Woolsey the vote). Members are advised 2 min- Blumenauer Garrett (NJ) Marchant Sensenbrenner Thornberry Wu utes remain on this vote. Bonner Gerlach Markey Serrano Tiahrt Yarmuth Bono Mack Giffords Marshall Sessions Tiberi Young (AK) b 1543 Boozman Gilchrest Matheson Sestak Tierney Young (FL) Boren Gillibrand Matsui So (two-thirds being in the affirma- Boucher Gingrey McCarthy (CA) NOT VOTING—45 tive) the rules were suspended and the Boustany Gonzalez McCarthy (NY) Ackerman Doyle Peterson (PA) bill was passed. Boyd (FL) Goode McCaul (TX) Andrews Drake Platts The result of the vote was announced Boyda (KS) Goodlatte McCollum (MN) Baca Engel Pryce (OH) Brady (PA) Gordon McCotter Barton (TX) Eshoo Putnam as above recorded. Brady (TX) Granger McCrery A motion to reconsider was laid on Blunt Gohmert Radanovich Braley (IA) Graves McDermott Boehner Hayes Ros-Lehtinen the table. Broun (GA) Green, Al McGovern Boswell Honda Ruppersberger Stated for: Brown (SC) Green, Gene McHenry Brown, Corrine Issa Rush Mr. HALL of New York. Madam Speaker, on Brown-Waite, Grijalva McHugh Burgess Jones (OH) Solis Ginny Gutierrez McIntyre Cantor Lofgren, Zoe Thompson (CA) rollcall No. 65, I was chairing the VA Disabil- Buchanan Hall (NY) McKeon Cuellar Lowey Towns ities Subcommittee hearing. Had I been Burton (IN) Hall (TX) McMorris Davis, David Miller, George Turner present, I would have voted ‘‘yea.’’ Butterfield Hare Rodgers Deal (GA) Neal (MA) Udall (CO) Ms. SOLIS. Madam Speaker, during rollcall Buyer Harman McNerney Delahunt Olver Walberg Calvert Hastings (FL) McNulty Doolittle Pascrell Wynn vote No. 65, on motion to suspend and pass Camp (MI) Hastings (WA) Meek (FL) H.R. 4169, Placement of American Braille Campbell (CA) Heller Meeks (NY) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Tactile Flag, I was unavoidably detained. Had Cannon Hensarling Melancon The SPEAKER pro tempore (during Capito Herger Mica the vote). Members are advised 2 min- I been present, I would have voted ‘‘yea.’’ Capps Herseth Sandlin Michaud Mr. SESTAK. Madam Speaker, on rollcall Capuano Higgins Miller (FL) utes remain on this vote. No. 65, H.R. 4169, I was at a special access Cardoza Hill Miller (MI) b 1550 briefing with U.S. Air Force and immediately Carnahan Hinchey Miller (NC) Carney Hinojosa Miller, Gary So (two-thirds being in the affirma- attempted to return but votes closed just as I Carter Hirono Mitchell tive) the rules were suspended and the arrived. Had I been present, I would have Castle Hobson Mollohan resolution was agreed to. voted ‘‘yea.’’ Castor Hodes Moore (KS) Chabot Hoekstra Moore (WI) The result of the vote was announced Mr. WELLER of Illinois. Madam Speaker, on Chandler Holden Moran (KS) as above recorded. rollcall No. 65, I was inadvertently detained. Clarke Holt Moran (VA) A motion to reconsider was laid on Had I been present, I would have voted ‘‘yea.’’ Clay Hooley Murphy (CT) the table. Mr. TIM MURPHY of Pennsylvania. Madam Cleaver Hoyer Murphy, Patrick Clyburn Hulshof Murphy, Tim Stated for: Speaker, on rollcall No. 65, I was unavoidably Coble Hunter Murtha Ms. SOLIS. Madam Speaker, during rollcall detained. Had I been present, I would have Cohen Inglis (SC) Musgrave vote No. 66, on motion to suspend the rules voted ‘‘yea.’’ Cole (OK) Inslee Myrick and pass H. Res. 790, Commending State of Conaway Israel Nadler f Conyers Jackson (IL) Napolitano Washington for Showing Their Support for COMMENDING THE PEOPLE OF Cooper Jackson-Lee Neugebauer Veterans, I was unavoidably detained. Had I Costa (TX) Nunes been present, I would have voted ‘‘yea.’’ WASHINGTON FOR SHOWING Costello Jefferson Oberstar THEIR SUPPORT FOR VETERANS Courtney Johnson (GA) Obey f Cramer Johnson (IL) Ortiz SUPPORTING THE GOALS AND The SPEAKER pro tempore. The un- Crenshaw Johnson, E. B. Pallone finished business is the vote on the mo- Crowley Johnson, Sam Pastor IDEALS OF NATIONAL SALUTE tion to suspend the rules and agree to Cubin Jones (NC) Paul TO HOSPITALIZED VETERANS Culberson Jordan Payne WEEK the resolution, H. Res. 790, on which Cummings Kagen Pearce the yeas and nays were ordered. Davis (AL) Kanjorski Pence The SPEAKER pro tempore. The un- The Clerk read the title of the resolu- Davis (CA) Kaptur Perlmutter finished business is the vote on the mo- tion. Davis (IL) Keller Peterson (MN) tion to suspend the rules and agree to Davis (KY) Kennedy Petri The SPEAKER pro tempore. The Davis, Lincoln Kildee Pickering the resolution, H. Res. 963, on which question is on the motion offered by Davis, Tom Kilpatrick Pitts the yeas and nays were ordered. the gentleman from Texas (Mr. DeFazio Kind Poe The Clerk read the title of the resolu- RODRIGUEZ) that the House suspend the DeGette King (IA) Pomeroy tion. DeLauro King (NY) Porter rules and agree to the resolution, H. Dent Kingston Price (GA) The SPEAKER pro tempore. The Res. 790. Diaz-Balart, L. Kirk Price (NC) question is on the motion offered by This will be a 5-minute vote. Diaz-Balart, M. Klein (FL) Rahall the gentleman from Texas (Mr. The vote was taken by electronic de- Dicks Kline (MN) Ramstad RODRIGUEZ) that the House suspend the Dingell Knollenberg Rangel vice, and there were—yeas 383, nays 0, Doggett Kucinich Regula rules and agree to the resolution, H. not voting 45, as follows: Donnelly Kuhl (NY) Rehberg Res. 963.

VerDate Aug 31 2005 03:13 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.031 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H970 CONGRESSIONAL RECORD — HOUSE February 14, 2008 This will be a 5-minute vote. Pearce Sanchez, Loretta Taylor the gentlewoman from California (Mrs. Perlmutter Sarbanes Terry The vote was taken by electronic de- Peterson (MN) Saxton Thompson (MS) CAPPS) that the House suspend the vice, and there were—yeas 384, nays 0, Petri Schakowsky Thornberry rules and agree to the resolution, H. not voting 44, as follows: Pitts Schiff Tiahrt Res. 972. Poe Schmidt Tiberi This will be a 5-minute vote. [Roll No. 67] Pomeroy Schwartz Tierney YEAS—384 Porter Scott (GA) Tsongas The vote was taken by electronic de- Price (GA) Scott (VA) Turner vice, and there were—yeas 389, nays 0, Aderholt Diaz-Balart, L. Kilpatrick Price (NC) Sensenbrenner Udall (NM) not voting 39, as follows: Akin Diaz-Balart, M. Kind Putnam Serrano Upton Alexander Dicks King (IA) Radanovich Sessions Van Hollen [Roll No. 68] Allen Dingell King (NY) Rahall Sestak Vela´ zquez YEAS—389 Altmire Doggett Kingston Ramstad Shadegg Visclosky Arcuri Donnelly Kirk Rangel Shays Walberg Aderholt Davis (IL) Jefferson Baca Doolittle Klein (FL) Regula Shea-Porter Walden (OR) Akin Davis (KY) Johnson (GA) Bachmann Dreier Kline (MN) Rehberg Sherman Walz (MN) Alexander Davis, David Johnson (IL) Bachus Duncan Knollenberg Reichert Shimkus Wamp Allen Davis, Lincoln Johnson, E. B. Baird Edwards Kucinich Renzi Shuler Wasserman Altmire DeFazio Johnson, Sam Baldwin Ehlers Kuhl (NY) Reyes Shuster Schultz Arcuri DeGette Jordan Barrow Ellison LaHood Reynolds Simpson Waters Baca DeLauro Kagen Bartlett (MD) Ellsworth Lamborn Richardson Sires Watson Bachmann Dent Kanjorski Bean Emanuel Lampson Rodriguez Skelton Watt Bachus Diaz-Balart, L. Kaptur Becerra Emerson Langevin Rogers (AL) Slaughter Waxman Baird Diaz-Balart, M. Keller Berkley English (PA) Larsen (WA) Rogers (KY) Smith (NE) Weiner Baldwin Dicks Kennedy Berman Etheridge Larson (CT) Rogers (MI) Smith (NJ) Welch (VT) Barrett (SC) Dingell Kildee Berry Everett Latham Rohrabacher Smith (TX) Weller Barrow Doggett Kilpatrick Biggert Fallin LaTourette Ros-Lehtinen Smith (WA) Wexler Bartlett (MD) Donnelly Kind Bilbray Farr Latta Roskam Snyder Whitfield (KY) Bean Doolittle King (IA) Bilirakis Fattah Lee Ross Souder Wilson (NM) Becerra Dreier King (NY) Bishop (GA) Ferguson Levin Rothman Space Wilson (OH) Berkley Duncan Kingston Bishop (NY) Filner Lewis (CA) Roybal-Allard Spratt Wilson (SC) Berman Edwards Kirk Bishop (UT) Flake Lewis (GA) Royce Stark Wittman (VA) Berry Ehlers Klein (FL) Blackburn Forbes Lewis (KY) Ryan (OH) Stearns Wolf Biggert Ellsworth Kline (MN) Blumenauer Fortenberry Linder Ryan (WI) Stupak Woolsey Bilbray Emanuel Knollenberg Blunt Fossella Lipinski Salazar Sutton Wu Bilirakis Emerson Kucinich Boehner Foxx LoBiondo Sali Tancredo Yarmuth Bishop (GA) English (PA) Kuhl (NY) Bono Mack Frank (MA) Loebsack Sa´ nchez, Linda Tanner Young (AK) Bishop (NY) Etheridge LaHood Boozman Franks (AZ) Lucas T. Tauscher Young (FL) Bishop (UT) Everett Lamborn Boren Frelinghuysen Lungren, Daniel Blackburn Fallin Lampson Boswell Gallegly E. NOT VOTING—44 Blumenauer Farr Langevin Boucher Garrett (NJ) Lynch Abercrombie Engel Pickering Blunt Fattah Larsen (WA) Boustany Gerlach Mack Boehner Feeney Larson (CT) Ackerman Eshoo Platts Boyd (FL) Giffords Mahoney (FL) Bonner Ferguson Latham Andrews Feeney Pryce (OH) Boyda (KS) Gilchrest Maloney (NY) Bono Mack Filner LaTourette Barrett (SC) Gohmert Ruppersberger Brady (PA) Gillibrand Manzullo Barton (TX) Hayes Boozman Flake Latta Brady (TX) Gingrey Marchant Rush Boswell Forbes Lee Bonner Hodes Solis Braley (IA) Gonzalez Markey Broun (GA) Honda Boucher Fortenberry Levin Brown (SC) Goode Marshall Sullivan Boustany Fossella Lewis (CA) Brown, Corrine Jones (OH) Thompson (CA) Brown-Waite, Goodlatte Matheson Burgess Lofgren, Zoe Boyd (FL) Foxx Lewis (GA) Towns Ginny Gordon Matsui Cleaver Lowey Boyda (KS) Frank (MA) Lewis (KY) Udall (CO) Buchanan Granger McCarthy (CA) Conyers Miller, George Brady (PA) Franks (AZ) Linder Walsh (NY) Burton (IN) Graves McCarthy (NY) Deal (GA) Neal (MA) Brady (TX) Frelinghuysen Lipinski Butterfield Green, Al McCaul (TX) Delahunt Pascrell Weldon (FL) Braley (IA) Gallegly LoBiondo Buyer Green, Gene McCollum (MN) Doyle Pence Westmoreland Broun (GA) Garrett (NJ) Loebsack Calvert Grijalva McCotter Drake Peterson (PA) Wynn Brown (SC) Gerlach Lucas Camp (MI) Gutierrez McCrery Brown-Waite, Giffords Lungren, Daniel Campbell (CA) Hall (NY) McDermott ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Ginny Gilchrest E. Cannon Hall (TX) McGovern The SPEAKER pro tempore (during Buchanan Gillibrand Lynch Cantor Hare McHenry Burton (IN) Gingrey Mack Capito Harman McHugh the vote). Members are advised 2 min- Butterfield Gonzalez Mahoney (FL) Capps Hastings (FL) McIntyre utes remain on this vote. Buyer Goode Maloney (NY) Capuano Hastings (WA) McKeon Calvert Goodlatte Manzullo Cardoza Heller McMorris b 1556 Camp (MI) Gordon Marchant Carnahan Hensarling Rodgers Campbell (CA) Granger Markey Carney Herger McNerney So (two-thirds being in the affirma- Cannon Graves Marshall Carter Herseth Sandlin McNulty tive) the rules were suspended and the Cantor Green, Al Matheson Castle Higgins Meek (FL) resolution was agreed to. Capito Grijalva Matsui Castor Hill Meeks (NY) The result of the vote was announced Capps Gutierrez McCarthy (CA) Chabot Hinchey Melancon Capuano Hall (NY) McCarthy (NY) Chandler Hinojosa Mica as above recorded. Cardoza Hall (TX) McCaul (TX) Clarke Hirono Michaud A motion to reconsider was laid on Carnahan Hare McCollum (MN) Clay Hobson Miller (FL) the table. Carney Harman McCotter Clyburn Hoekstra Miller (MI) Stated for: Carter Hastings (FL) McCrery Coble Holden Miller (NC) Castle Hastings (WA) McDermott Cohen Holt Miller, Gary Ms. SOLIS. Madam Speaker, during rollcall Castor Heller McGovern Cole (OK) Hooley Mitchell vote No. 67 on motion to suspend and pass Chabot Hensarling McHenry Conaway Hoyer Mollohan H. Res. 963, National Salute to Hospitalized Chandler Herger McHugh Cooper Hulshof Moore (KS) Clarke Herseth Sandlin McIntyre Costa Hunter Moore (WI) Veterans Week, I was unavoidably detained. Clay Higgins McKeon Costello Inglis (SC) Moran (KS) Had I been present, I would have voted ‘‘yea.’’ Cleaver Hill McMorris Courtney Inslee Moran (VA) f Clyburn Hinchey Rodgers Cramer Israel Murphy (CT) Coble Hinojosa McNerney Crenshaw Issa Murphy, Patrick SUPPORTING THE GOALS AND Cohen Hirono McNulty Crowley Jackson (IL) Murphy, Tim IDEALS OF AMERICAN HEART Cole (OK) Hobson Meek (FL) Cubin Jackson-Lee Murtha Conaway Hodes Meeks (NY) Cuellar (TX) Musgrave MONTH AND NATIONAL WEAR Conyers Hoekstra Melancon Culberson Jefferson Myrick RED DAY Cooper Holden Mica Cummings Johnson (GA) Nadler Costa Holt Michaud Davis (AL) Johnson (IL) Napolitano The SPEAKER pro tempore. The un- Costello Hooley Miller (FL) Davis (CA) Johnson, E. B. Neugebauer finished business is the vote on the mo- Courtney Hoyer Miller (MI) Davis (IL) Johnson, Sam Nunes tion to suspend the rules and agree to Cramer Hulshof Miller (NC) Davis (KY) Jones (NC) Oberstar Crenshaw Hunter Miller, Gary Davis, David Jordan Obey the resolution, H. Res. 972, on which Crowley Inglis (SC) Mitchell Davis, Lincoln Kagen Olver the yeas and nays were ordered. Cubin Inslee Mollohan Davis, Tom Kanjorski Ortiz The Clerk read the title of the resolu- Cuellar Israel Moore (KS) DeFazio Kaptur Pallone tion. Culberson Issa Moore (WI) DeGette Keller Pastor Cummings Jackson (IL) Moran (KS) DeLauro Kennedy Paul The SPEAKER pro tempore. The Davis (AL) Jackson-Lee Moran (VA) Dent Kildee Payne question is on the motion offered by Davis (CA) (TX) Murphy (CT)

VerDate Aug 31 2005 02:05 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.059 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H971 Murphy, Patrick Ross Sutton PERSONAL EXPLANATION The SPEAKER pro tempore. Under a Murphy, Tim Rothman Tancredo previous order of the House, the gen- Murtha Roybal-Allard Tanner Mrs. JONES of Ohio. Madam Speaker, due Musgrave Royce Tauscher to events in my district I will miss votes on tleman from Oregon (Mr. DEFAZIO) is Myrick Rush Taylor February 14, 2008. Had I been present, the recognized for 5 minutes. Nadler Ryan (OH) Terry (Mr. DEFAZIO addressed the House. Napolitano Ryan (WI) RECORD would reflect the following votes: Thompson (MS) His remarks will appear hereafter in Neugebauer Salazar Thornberry H. Res. 982, providing for the adoption of H. Nunes Sali Tiahrt Res. 979 and H. Res. 980, contempt of Con- the Extensions of Remarks.) Oberstar Sa´ nchez, Linda Tiberi gress resolutions, ‘‘yea.’’ f Obey T. Tierney Olver Sanchez, Loretta Tsongas H. Res. 966, honoring African-American in- The SPEAKER pro tempore. Under a Ortiz Sarbanes Turner ventors, past and present, for their leadership, previous order of the House, the gen- Pallone Saxton Udall (NM) courage, and significant contributions to our tleman from Idaho (Mr. SALI) is recog- Pastor Schakowsky Upton Paul Schiff national competitiveness, ‘‘yea.’’ nized for 5 minutes. Van Hollen Payne Schmidt H.R. 1834, National Ocean Exploration Pro- Vela´ zquez (Mr. SALI addressed the House. His Pence Schwartz Visclosky gram Act, ‘‘yea.’’ remarks will appear hereafter in the Perlmutter Scott (GA) Walberg S. 2571, to make technical corrections to Peterson (MN) Scott (VA) Extensions of Remarks.) Walden (OR) Petri Sensenbrenner the Federal Insecticide, Fungicide, and f Pitts Serrano Walsh (NY) Rodenticide Act, ‘‘yea.’’ Walz (MN) The SPEAKER pro tempore. Under a Poe Sessions H. Con. Res. 289, honoring and praising the Pomeroy Sestak Wamp previous order of the House, the gen- Wasserman National Association for the Advancement of Porter Shadegg tleman from Indiana (Mr. BURTON) is Schultz Colored People on the occasion of its 99th an- Price (GA) Shays recognized for 5 minutes. Price (NC) Shea-Porter Waters niversary, ‘‘yea.’’ Watson (Mr. BURTON of Indiana addressed Putnam Sherman H.R. 4169, American Braille Flag Memorial Radanovich Shimkus Watt the House. His remarks will appear Act, ‘‘yea.’’ Rahall Shuler Waxman hereafter in the Extensions of Re- Weiner H. Res. 790, commending the people of the Ramstad Shuster marks.) Rangel Simpson Welch (VT) State of Washington for showing their support Regula Sires Weldon (FL) for the needs of the State of Washington’s vet- f Rehberg Skelton Weller Reichert Slaughter Westmoreland erans and encouraging residents of the other UNILATERAL DISARMAMENT Renzi Smith (NE) Wexler States to pursue creative ways to show their The SPEAKER pro tempore. Under a Reyes Smith (NJ) Whitfield (KY) own support for veterans, ‘‘yea.’’ Reynolds Smith (WA) Wilson (NM) previous order of the House, the gen- H. Res. 963, supporting the goals and Richardson Snyder Wilson (OH) tleman from Michigan (Mr. HOEKSTRA) ideals of National Salute to Hospitalized Vet- Rodriguez Souder Wilson (SC) is recognized for 5 minutes. Rogers (AL) Space Wittman (VA) erans Week, ‘‘yea.’’ Rogers (KY) Spratt Wolf H. Res. 972, supporting the goals and Mr. HOEKSTRA. Mr. Speaker, we Rogers (MI) Stark Wu ideals of American Heart Month and National leave today for the President’s Day Re- Rohrabacher Stearns Yarmuth cess. We leave at a time where we have Ros-Lehtinen Stupak Young (AK) Wear Red Day, ‘‘yea.’’ Roskam Sullivan Young (FL) our troops committed in Iraq, we have f our troops committed in Afghanistan, NOT VOTING—39 SPECIAL ORDERS where, in the last 48 hours there have Abercrombie Engel Pearce been reports that radical Islamists Ackerman Eshoo Peterson (PA) The SPEAKER pro tempore (Mr. Andrews Gohmert Pickering COURTNEY). Under the Speaker’s an- have perhaps been plotting an attack Barton (TX) Green, Gene Platts nounced policy of January 18, 2007, and to assassinate the President of the Boren Hayes Pryce (OH) Philippines, where al Qaeda in Iraq has Brown, Corrine Honda Ruppersberger under a previous order of the House, Burgess Jones (NC) Smith (TX) the following Members will be recog- said that they are going to launch new Davis, Tom Jones (OH) Solis nized for 5 minutes each. attacks or additional attacks against Deal (GA) Lofgren, Zoe Thompson (CA) f Israel, against Jerusalem, where there Delahunt Lowey Towns have been arrests in Denmark of indi- Doyle Miller, George Udall (CO) The SPEAKER pro tempore. Under a Drake Neal (MA) Woolsey previous order of the House, the gen- viduals perhaps planning to assas- Ellison Pascrell Wynn sinate, murder the cartoonists, their tleman from Maryland (Mr. CUMMINGS) declaration of war by Hezbollah. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE is recognized for 5 minutes. The SPEAKER pro tempore (during (Mr. CUMMINGS addressed the And we’re going back home without the vote). Members are advised 2 min- House. His remarks will appear here- extending the Protect America Act. utes remain in this vote. after in the Extensions of Remarks.) It’s unilateral disarmament. The head of our intelligence community has said f that the Protect America Act, that the b 1603 The SPEAKER pro tempore. Under a authorities provided under FISA have So the resolution was agreed to. previous order of the House, the gentle- been the tip of the spear in keeping The result of the vote was announced woman from California (Ms. WOOLSEY) America safe. as above recorded. is recognized for 5 minutes. But it is not only about keeping A motion to reconsider was laid on (Ms. WOOLSEY addressed the House. America safe, because the information, the table. Her remarks will appear hereafter in the intelligence that we have gathered Stated for: the Extensions of Remarks.) under the Protect America Act, under Mr. GENE GREEN of Texas. Madam f FISA, over the last 6 years have kept Speaker, on rollcall No. 68, had I been The SPEAKER pro tempore. Under a America safe, but has also enabled us present, I would have voted ‘‘yea.’’ previous order of the House, the gen- to identify threats and potential at- Ms. SOLIS. Madam Speaker, during rollcall tleman from North Carolina (Mr. tacks against our allies. vote No. 68, on motion to suspend and pass JONES) is recognized for 5 minutes. And what this now does, this unilat- H. Res. 972, American Heart Month and Na- (Mr. JONES of North Carolina ad- eral disarmament, means that an im- tional Wear Red Day, I was unavoidably de- dressed the House. His remarks will ap- portant tool in keeping America safe tained. Had I been present, I would have pear hereafter in the Extensions of Re- and our allies safe expires on Saturday voted ‘‘yea.’’ marks.) night. f If you take a look at what’s happened f The SPEAKER pro tempore. Under a here, it’s the day after September 11. previous order of the House, the gentle- The President, meeting with his na- PERSONAL EXPLANATION woman from Ohio (Ms. KAPTUR) is rec- tional security team, they’re looking Mrs. DRAKE. Madam Speaker, on rollcall ognized for 5 minutes. for ways to identify exactly what the Nos. 61–68, I was attending a funeral for a (Ms. KAPTUR addressed the House. other threats are against the United Navy Seal. Had I been present, I would have Her remarks will appear hereafter in States, what the capabilities of al voted ‘‘yea’’ on each rollcall. the Extensions of Remarks.) Qaeda are. They come back with some

VerDate Aug 31 2005 03:13 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.037 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H972 CONGRESSIONAL RECORD — HOUSE February 14, 2008 suggestions and ideas, one of which is seeing that now happen in our econ- What happens is the impact upon the to use our telecommunications folks, omy. American family in terms of costs. We perhaps, and others, to get information We are standing at a critical cross- see increased costs for food as we also and insights into al Qaeda and to rad- road, and if we fail to deal with our en- try using corn for ethanol. But when 20 ical jihadists. ergy needs in a responsible way, we percent of corn is being used for eth- Members of Congress are brought in. will face not only the concerns about anol, we see the cost of food go up. We The current Speaker of the House was the environment, but we will face and see the costs of transporting food go briefed four times, I believe, within the we are facing economic recession up. We see the cost of wheat climbing first 8 months in terms of what we were threats and major job losses. because not only is it a concern with going to do, what we expected to col- Earlier today, the Department of regard to shortages of wheat coming lect and how that would keep us safe. Commerce released December’s trade from other nations, but it’s also a huge And today, these folks are thrown deficit numbers, which, once again, concern on the cost of transporting under the bus. strongly underscored the need for that wheat. So what was $16 per hun- This unilateral disarmament makes American energy independence. The dred weight last year for wheat for our America less safe. The President has good news is that the trade deficit bakers to use their flour, now it’s $40, said, I’m willing to stay until Congress shrank by 6.9 percent to $58.76 billion. with anticipation to climb much more. completes its work. I’m willing to post- But the bad news is that energy im- pone or delay a trip to Africa that’s ports continue to make up over half of How will Americans react when they been in the planning stages for a long our trade deficit, over half, 55 percent. know that while Congress continues to time so that Congress can complete its In November, it was the reason why we embargo the American oil resources, a work. I’m willing to work with Con- had major increases. loaf of bread is going to climb from gress to make that happen. We continue to see risk that oil was $1.50 to $3 a loaf. Americans don’t un- The Senate did their job. Senator sold for only $50 a barrel a year ago and derstand why we cannot drill for our ROCKEFELLER was being briefed at the gas into $2.50, and is going to continue own oil. same time, 6 years ago, that the cur- to climb. Yes, we need to do so many things to rent Speaker of the House was briefed. As long as we continue down this clean up the air. Yes, we need to make He recognizes the responsibility that road of importing foreign oil to the sure we are investing in clean coal they have and that the Senate has to United States, we will be allowing technology so that the 300 years’ worth making sure that America keeps these OPEC nations to call the shots for our of coal we have in this Nation can be tools in the hands of our intelligence economy and becoming more depend- used to cleanly produce electricity. We community. They did the right thing. ent upon hostile countries for oil. have to make sure we are using clean Overwhelmingly, the other body passed When OPEC manipulates production, nuclear energy. We have to make sure a bill that keeps America safe, bipar- rural oil prices soar. And our President that natural gas is used for what it’s tisan, protecting those who helped our is left to go and ask Saudi leaders to supposed to be as a chemical product to government to stay, to put in place the produce more oil, more Saudi oil, not make fertilizer rather than producing mechanisms to keep us safe over the more American oil. energy at a very high cost and thereby We have Venezuelan leader, Presi- last 6 years. allow us to use it for making fertilizer dent Hugo Chavez, threatening to cut And now, the House walks away from and other products that can help also off oil to the United States and Exxon. this for the next 12 days. And each day reduce the cost of our food products. that we are gone, our ability to mon- If they were to do that, the price of oil itor radical jihadists and the threats to would increase throughout the world. But instead, we continue to say no to the United States begins to erode just Chavez himself predicted the cost per American oil, and it just doesn’t make a little bit each and every day. But barrel would double to $200 and in- sense. Here is what America’s going to every time we identify potentially a crease our prices. Such a move would face by 2050: our energy demands are new threat to the United States, we show all of these oil-producing coun- going to double. That means we have need to go back through a cumbersome tries that they can control our actions 400 coal-fired power plants that need to process, one that ties the hands of our by shutting down our access to oil. be rebuilt and an additional 400 built. intelligence community. As al Qaeda We’ve already seen natural gas prices We have 100 nuclear power plants that and radical jihadists have evolved, and manipulated by Russia. We’ve seen need to be rebuilt because they are old, they’re becoming more coordinated and these energy prices increase. But when and we need to build an additional 100. more effective in planning attacks we buy oil from countries with a his- That means starting in the year 2010, against the United States, we’re mov- tory of supporting terrorism, the worst we have to open up a new clean coal ing back and we’re degrading and we part about this is we are funding both power plant every 21⁄2 weeks and a nu- are unilaterally disarming. sides of the war on terror. clear plant every 21⁄2 months, and we It is a disappointment and a disgrace Meanwhile, what has Congress done haven’t even started building them yet. that this House is leaving today with- in the last year or two? Well, it’s put It cannot be done. Instead, what we are out finishing this business. on an embargo on our own oil. It’s probably going to face is rolling brown- f blocked exploration for American oil. outs because the efforts we are doing The SPEAKER pro tempore. Under a Congress has voted to prevent oil pro- are not going to suffice. previous order of the House, the gen- duction, oil drilling in the Atlantic coast, the gulf coast, the Pacific coast, I hope this House will move forward, tleman from Kentucky (Mr. DAVIS) is take the embargoes off coal, and begin recognized for 5 minutes. Colorado and Alaska. These bans on drilling for our own oil are particularly to really move towards clean coal tech- (Mr. DAVIS of Kentucky addressed nology and stop the embargo on oil. the House. His remarks will appear preposterous in light of the fact that China and Cuba are drilling within 60 hereafter in the Extensions of Re- f marks.) miles of our Florida coast while we are f not allowed to drill off our coast. The U.S. contains 70 percent of the THE WHITE FLAG OF SURRENDER? b 1615 world’s shale oil reserves, enough to WE ARE STANDING AT A CRITICAL The SPEAKER pro tempore. Under a supply our country with energy for previous order of the House, the gen- CROSSROAD hundreds of years if we are allowed to tleman from Texas (Mr. POE) is recog- The SPEAKER pro tempore. Under a use it. But rather than turning to this nized for 5 minutes. previous order of the House, the gen- resource that can lead us to energy tleman from Pennsylvania (Mr. TIM independence and energy security, we Mr. POE. Mr. Speaker, it’s 4:14 p.m. MURPHY) is recognized for 5 minutes. once again turn our backs to it. Last on the 14th day of the second month of Mr. TIM MURPHY of Pennsylvania. year, we cut off access to 2 trillion bar- this year. This House is basically Mr. Speaker, we are facing massive rels of shale oil in the western States empty except for a few of us. Everyone problems with regard to the price of in the omnibus spending bill. Such has gone home. energy. Energy costs money, and ex- policies have forced us to continue this We found time today to do important pensive energy costs jobs, and we are increase of importing oil. business for the people of the country.

VerDate Aug 31 2005 03:13 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.072 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H973 I have some of the bills that we passed dren and women and the innocents and those who prevent the United States today. One of those was that we had car bombs and anyone else that gets in from attaining military members are the time to vote after debate on regu- their way. not the Nation’s friends. Though such a lating insects, roaches, fungus, and And there is probably joy throughout city may deserve punishment, all we rats in the United States. Oh, such an the terrorist cells in the world that the are trying to do with this bill is just important piece of legislation that the United States Congress did not do its not reward them for hurting our na- House of Representatives debated and duty today. tional defense. voted on. And, Mr. Speaker, that’s just the way Other city leaders, such as those in But while we had the time to vote on it is. San Francisco, Toledo, Ohio, like the these important issues of regulating f mayor there, have snubbed or re- the rats and roaches and fungi in the stricted our military. They need to be THE MILITARY FREEDOM ACT United States, we didn’t take the time aware that when they begin to prevent to protect the American people from The SPEAKER pro tempore. Under a the military from having enough those people throughout the world who previous order of the House, the gen- troops to protect us and being mili- want to kill us, who want to do harm tleman from Texas (Mr. GOHMERT) is tarily ready, they should not expect to us and our families. And not to recognized for 5 minutes. Federal subsidies to assist them. America only, but to all freedom coun- Mr. GOHMERT. Mr. Speaker, it is a It is true that the actions addressed tries throughout the world. privilege to follow my friend, a former in the Military Freedom Act are main- Because we didn’t have time to work judge also, from Texas, Mr. POE; and he ly actions or omissions by community on the Protect America Act, a bill that nailed it on the head. And I tell you, leaders and not all of their citizens. We does exactly what it says, Mr. Speaker, following up on that is another trav- understand that. There are good citi- it protects America. It protects Amer- esty going on this week, and that’s why zens in each of those towns. But the ica from terrorists. And one of those I just filed a bill in the last 15 minutes choice of the citizens is either to re- ways is being able to eavesdrop into called the Military Freedom Act. place the hurtful leaders or bear the conversations when one terrorist over- We are endowed by our creator with consequences or move. The old adage is seas talks to another terrorist over- liberty. But like any inheritance, we democracy ensures the people are gov- seas, amending the FISA, the Foreign only get to keep it if we are willing to erned no better than they deserve. Intelligence Surveillance, Act. But, oh, fight for it. That is precisely why so Therefore, those cities either deserve we didn’t have time to do that. many of our uniformed military mem- to have better leaders who don’t hurt Mr. Speaker, it troubles me because bers have laid down their lives. And the our national defense, or they deserve has the House of Representatives, with- plain fact is that there is no more im- not to have funds to award their harm- out firing a shot, raised the ‘‘white flag portant purpose for the Federal Gov- ful conduct. of surrender’’ to those people who wish ernment than to provide for the com- Cities like Berkeley should take to do us harm? The head of the Na- mon defense. stock of how many of their very own tional Intelligence Service has told us In order to do that, there’s got to be first responders in the business in their that 50 percent of the intelligence that a military. But we have all of the cities of saving lives were trained in they attained is through FISA. And yet rights of freedom of speech. Even those the military. we have cut off that resource by failing rights have limits, such as when you I would remind you also, and I re- to vote on that, failing debate on that. can’t yell ‘‘fire’’ in a crowded theater. member vividly because I was about to But yet we had time to talk about There is, however, no right to trespass, go on active duty about the time Viet- roaches, rats, and fungi. there is no right to obstruct lawful in- nam was ended, our heroes came back Mr. Speaker, this ought not to be. gress and egress into a military re- from Vietnam and were spit on. Some Under FISA, we have been able to pre- cruiter’s office. The City of Berkeley, of the hippies that did the spitting cut vent crimes from being occurred California, chose not to protect the their hair, got into positions in cities against the United States. One of those Marines’ lawful right to ingress and and have found, figuratively, new, ef- was the bombing of the Brooklyn egress. They instead chose to aid and fective ways of spitting on our mili- Bridge, another was the bombing of abet lawbreakers by encouraging them tary. Fort Dix in New Jersey. Those were and passing an ordinance to make it But everyone should understand, Mr. prevented because of FISA, because we easier to violate the Marines’ rights. Speaker, this is not taking away had the intelligence, because we had The restricting of funding that is money for expressing free speech. It’s the eavesdropping, the legal eaves- proposed and put forward in the bill I simply not rewarding the obstruction dropping capability. have just filed has been done pre- of providing for the common defense. Mr. Speaker, the House of Represent- viously in matters such as the speed Since it will cost additional money to atives has not done a service to the limits of States or to encourage States overcome the obstruction to our mili- people of the United States by failing to limit drinking and driving. So it’s tary readiness, the Military Freedom to debate this issue and at least have nothing new. Act takes money from the appropriate an argument, a lively debate, and then It has been deemed appropriate to en- place to do that. vote on it to protect the United States. courage political entities in areas in This is the ultimate PAYGO bill for The people of the United States deserve which the Federal Government has a military readiness and national secu- better from us. Our job is to protect vested interest, and it has no more rity. America through legislation. And, Mr. vested interest than what we have in In any event, I hope and I encourage Speaker, I think we have not done that providing for the common defense. the leaders, the majority leaders, the today because we are off doing other But Berkeley and any other city has Democratic majority leaders of this things. the right to rule over its own city as body to bring this bill to a vote and let So I hope that I am proven wrong by they wish, and they’re welcome to do the cities know that we don’t reward history that this did not hurt the that. But the Federal Government those who prevent our providing for United States down the road for failing should not reward a city that chooses the common defense. to act on this important legislation. to obstruct and prevent the obtaining And it’s important that the House of military members who provide the f come back as soon as possible and deal very freedoms and the umbrella of free- b 1630 with the issue of protecting America dom under which that city acts. They first and making sure that we know have a right to use freedom of speech, PAY ATTENTION AMERICA what they’re saying throughout the but they have no right to take United The SPEAKER pro tempore. Under a world when they want to do us harm, States taxpayers’ dollars to aid and previous order of the House, the gen- because the people we fight, the war we abet hurting our military readiness. tleman from Georgia (Mr. PRICE) is rec- fight against are people who will do We took an oath in this body, in this ognized for 5 minutes. anything to get their way and their room, to defend this Nation against all Mr. PRICE of Georgia. Mr. Speaker, radical beliefs including killing chil- enemies, foreign and domestic; and the American people mostly don’t pay

VerDate Aug 31 2005 02:05 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.076 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H974 CONGRESSIONAL RECORD — HOUSE February 14, 2008 a whole lot of attention to what goes difference in the lives of my constitu- The bedrock foundation of this Re- on here on the floor, and it’s probably ents, in the lives of your constituents, public is the declaration, not the cas- better, but hopefully they’re paying at- in the lives of every single American. ual notion, but the declaration of the tention now because it’s a sad day, and And not to have acted today on this self-evident truth that all human they need to take note. bill to allow our intelligence commu- beings are created equal and endowed Mr. Speaker, I would suggest that nity to keep us safe and protect us, I by their creator with the unalienable what has happened today on this floor would suggest, Mr. Speaker, is an abro- rights of life, liberty, and the pursuit has been an abrogation of duty, an ab- gation of duty. of happiness. And every conflict our rogation of our duty as representatives I call on the Democrat leadership and Nation has ever faced can be traced to of the people, the finest Nation on the the Speaker of the House to bring us our commitment to this core self-evi- face of the Earth. But given what we’ve back into session as soon as possible dent truth. It has made us the beacon done today, we may not be there long. and, on behalf of the American people, of hope for the whole world. It is who Mr. Speaker, there are individuals act responsibly, live up to your oath, we are. And yet, Mr. Speaker, another who have as their stated goal the de- and pass this bill, the Protect America day has passed, and we in this body struction of the West. You can call Act. have failed again to honor that com- them what you will, radical jihadists, f mitment. We failed our sworn oath and our God-given responsibility as we terrorists. Their threats are real and SUNSET MEMORIAL they are continuing. And this House, broke faith with nearly 4,000 more in- under this liberal Democrat leadership, The SPEAKER pro tempore. Under a nocent American babies who died with- is ignoring their words. previous order of the House, the gen- out the protection that we should have You don’t have to take my word for tleman from Arizona (Mr. FRANKS) is given them. the fact that these threats are real. recognized for 5 minutes. But perhaps tonight, Mr. Speaker, Benazir Bhutto was assassinated on Mr. FRANKS of Arizona. Mr. Speak- maybe just one someone new who has December 27, allegedly on orders from er, I stand once again before this body heard this sunset memorial will finally al Qaeda. And one might say, well, with another sunset memorial. realize that abortion really does kill a It is February 14, 2008, Valentine’s that’s 6 weeks ago. Well, just in the baby, that it hurts mothers in ways Day, in the land of the free and the past 48 hours we have seen threats from that we could never express, and that home of the brave. And before the sun- 12,806 days spent killing nearly 50 mil- other radical jihadists. In Denmark, set today in America, almost 4,000 three jihadists were arrested in a plot lion children in America is enough, and more defenseless unborn children were that this Nation is great enough to find to murder a cartoonist for drawing an killed by abortion on demand. That’s editorial cartoon years ago that they a better way than abortion on demand. just today, Mr. Speaker. That is more So, Mr. Speaker, may we each remind found objectionable. Mr. Speaker, I than the number of innocent lives that know that some on the majority side ourselves that our own days in this America lost on September 11, only it sunshine of life are numbered, and that view this as comic relief, I guess, but happens every day. the three jihadists who were arrested all too soon each of us will walk from It has now been exactly 12,806 days these Chambers for the very last time. to plot the murder of a cartoonist in since the tragic judicial fiat of Roe v. Denmark within the past 48 hours And if it should be that this Congress Wade was handed down. Since then, the is allowed to convene on yet other day didn’t view it as comedy. And this very foundation of this Nation has been Democrat majority and leadership to come, may that be the day when we stained by the blood of almost 50 mil- hear, when we finally hear the cries of says, oh, that’s okay, don’t worry lion of America’s own children. Some about it. Mr. Speaker, I hope the Amer- the unborn. May that be the day when of them, Mr. Speaker, cried and we find the humanity, the courage, and ican people are paying attention. screamed as they died, but because it In the last 48 hours, in the Phil- the will to embrace together our was amniotic fluid passing over the human and our constitutional duty to ippines, jihadists with two terrorist vocal cords instead of air, we couldn’t groups associated with al Qaeda are protect the least of these, our tiny hear them. American brothers and sisters from said to be plotting to assassinate the And all of them had at least four Filipino President and bomb western this murderous scourge upon our Na- things in common. They were each just tion called abortion on demand. embassies. And this Democrat majority little babies who had done nothing Mr. Speaker, it is February 14, 2008, leadership says, oh, that’s okay, don’t wrong to anyone, and each one of them 12,806 days since Roe v. Wade first worry. died a nameless and lonely death. And stained the foundation of this Nation Mr. Speaker, in the last 48 hours in each of their other mothers, whether with the blood of its own children. Iraq, the reputed leader of al Qaeda in she realizes it or not, will never quite This, on Valentine’s Day, in the land of Iraq posted on a jihadi Web site a call be the same. And all the gifts that the free and the home of the brave. for war with Israel and for jihadists to these children might have brought to use Iraq as a launching pad to seize Je- humanity are now lost forever. Yet, f rusalem. And this Democrat majority even in the full glare of such tragedy, HEALTH CARE leadership says, oh, that’s okay, don’t this generation clings to blindness and The SPEAKER pro tempore. Under worry about it. invincible ignorance while history re- the Speaker’s announced policy of Jan- And just this morning, Hezbollah peats itself and our own silent genocide uary 18, 2007, the gentleman from Wis- chief Hassan Nasrallah raised the pros- mercilessly annihilates the most help- consin (Mr. KAGEN) is recognized for 60 pect of war with Israel declaring, ‘‘Zi- less of all victims to date, those yet minutes as the designee of the major- onists, if you want this kind of open unborn. ity leader. war, let the whole world listen: Let Mr. Speaker, perhaps it’s more im- Mr. KAGEN. Mr. Speaker, joining me this war be open.’’ And the Democrat portant for those of us in this Chamber this evening is Congressman ALTMIRE majority leadership in this House said, to remind ourselves again of why we from Pennsylvania. that’s okay, don’t worry about it. are really all here. Thomas Jefferson I think it’s only fitting that on this Mr. Speaker, I am astounded that the said, ‘‘The care of human life and hap- Valentine’s Day we begin to have a dis- House of Representatives will leave piness and not its destruction is the cussion about health care in America. town today and go home when Satur- chief and only object of good govern- It’s a heartwarming day. It’s a day of day of this week the opportunity and ment.’’ friendship, a day of conversation be- the ability of our intelligence commu- Mr. Speaker, protecting the lives of tween one’s loved ones. nity to protect us and other freedom- our innocent citizens and their con- When I was sent here by the people of loving people around the world will ex- stitutional rights is why we are all northeast Wisconsin, I was sent here to pire. I’m astounded. here. It is our sworn oath. The phrase listen to their concerns. In my previous Most of what we do on this floor my in the 14th amendment capsulizes our existence, I was a physician caring for constituents think doesn’t make a entire Constitution. It says, ‘‘No per- many thousands of people across north- whole lot of difference in their lives. son shall be deprived of life, liberty, or east Wisconsin. And I continue to lis- Mr. Speaker, this makes a whole lot of property without due process of law.’’ ten to them while I’m here in the halls

VerDate Aug 31 2005 03:13 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.078 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H975 of Congress, and I want to share in the along, we are going to take up health small business owner and one of your first few minutes of this hour some of care. And there is a variety of dif- employees gets sick or injured, you get their conversations with me. ferences of opinion on what the ap- a call from the insurance company, and Tom and Sue Wright from New Lon- proach should be for health care re- they say guess what, we have to drop don, when I asked them what was im- form, how expansive do you want it to you because you’ve had this incident. portant to them, 50 million people be. And I think everyone can agree that without health insurance is a disgrace. But there are things that we can do your individual health status shouldn’t Tom and Sue are right, but they’re not now, this year, in this political envi- be a factor in your health insurance alone. Bob from Green Bay writes, ‘‘If ronment, that are realistic. And that’s rates. taxpayers can’t get the same health in- what the gentleman and I have been And something that the gentleman surance as Congress, at least get drug discussing. We want to do things this has taken a leadership role on, which costs down so we can afford our pills.’’ year that would be considered, if not I’m going to leave him with because What about from Casco, Russ writes, low-hanging fruit, at least issues that I’m on a limited schedule myself, and I ‘‘I’m 60 years old, and I have a $5,000 we can all agree on or most can agree appreciate his giving me the time, is deductible on my health insurance per on that we can pass and set the table talking about ways that we can family member; all of my health ex- for a further discussion next year on incentivize the 47 million Americans penses out of pocket. We need help des- health care reform. and others who have insurance to join perately.’’ That’s Russ in Casco. large risk pools, community-rated risk b 1645 In Greenville, it’s the same story. pools, whether it be the 180 million This is from Al and Linda. ‘‘As we near We have a country where there is people in the country that are pri- retirement, we know we can’t afford over $2 trillion that gets spent every vately insured, that would be every- health insurance premiums or drugs on single year; 17 percent of our GDP goes body, or metropolitan statistical areas, our own. Please help. We’re getting to- to health care. And I don’t think in my regional groups, whatever we can agree wards retirement. We don’t have the district there’s an issue that I hear on. And I realize that there are dif- money.’’ about more often than health care re- ferences of opinion on how big the From De Pere, it’s Kathleen. ‘‘It’s form when I go around and visit my group should be. But we can all agree time for all Americans to have the constituents, and the reason is this is that your individual health status same health care benefits as their Rep- an issue that affects everybody. It’s should not be a factor in setting your resentatives in Washington.’’ not just your wallet. Obviously, a $5,000 individual health rates. It should be a And finally, from Crivitz, Al writes, premium, as Dr. KAGEN was describing, larger pool’s health status, which ‘‘Without a job that pays a fair wage, I something that we can all relate to, would lower the costs for almost every- won’t have money to pay for health the exponential increases in health body. care, gas, a war, Social Security, or care costs. Small businesses every day So at this point I am going to thank anything else.’’ in this country by the thousands have the gentleman for allowing me to say a My friends, my colleagues, it’s time to make decisions on what to do about few words and commend Dr. KAGEN for for us to have an open and honest dis- their health care costs for their em- his work. cussion about what’s important in ployees. Do they shift the cost to an Mr. KAGEN. I appreciate your being America. And if it’s not your health, I unmanageable level? Do they stop of- here tonight, Mr. ALTMIRE. Your con- don’t know what it is. Because if you fering health care? But they know they tributions to Congress have already don’t have your health, you don’t have can’t afford it and it affects everything been exemplary, and I look forward to anything. that we do. working with you in the future on I yield to my colleague from Pennsyl- $1,500 of the price of your car, if you health care issues. And it’s not just vania (Mr. ALTMIRE). buy an American-made car, is due to you and I, it’s not just the Members of Mr. ALTMIRE. And I want to com- the health insurance costs of the auto- the class of 2006, a group I call Amer- mend Dr. KAGEN for his leadership on maker. Your State taxes are higher be- ica’s hope for a real change and a posi- this issue. As all of our colleagues cause of exploding Medicaid costs. tive change in the direction of our know, Dr. KAGEN, right from the very Health care is the last remaining item country, it’s not just the people that start, has made health care his priority on the table in every labor dispute in call us up, not just the people who send here in Congress using his expertise. the country. That’s why those issues us postcards, not just my patients back I have a health care background as come up. And we have a system that in home; but it’s the most trusted person well, health care policy is my profes- many ways is better than any other in Washington, DC that understands sional background, and the gentleman system in the world. It’s why people the importance of health care costs and I have spoken numerous times from all over the world come here for today. And who is that person? That’s about the importance of health care. their transplants and for their high- our Comptroller General, David Walk- And I wanted to come down today to end, high-tech care. We have medical er, who, on January 28 before the Sen- talk about the need for health care re- innovation and technology advances ate Budget Committee, had these form as we are currently discussing, that far surpass anything happening words to say: ‘‘Under any plausible sce- but also just to commend the gen- anywhere in the world. That’s if you nario, the Federal budget is on an im- tleman for his continued leadership on can get in, if you can afford our sys- prudent and unsustainable path. Rap- this at a time when clearly the polit- tem. idly rising health care costs are not ical system is in unchartered waters, The problem is when we are com- simply a Federal budget problem; they with a Presidential election that is pared to other countries as a nation in are our Nation’s number one fiscal going on around us, divided govern- life expectancy and infant mortality, challenge. The growth in health-re- ments, we have a Congress with the we’re not just in the middle of the lated spending is the primary driver of House and the Senate that are having pack; we’re at the bottom of the pack the fiscal challenges facing the State issues with other things going on. when compared to other nations. We and local governments. Unsustainable But we continue to see the health have tremendous issues. We’re talking growth in health care spending is a sys- care system get worse and worse. And I about 47 to 50 million Americans that tem-wide challenge that also threatens think the gentleman and I agree on lack access to health care. They don’t to erode the ability of employers to many things, but most importantly on have insurance. There are tens of mil- provide coverage for their workers and the need to do something about the lions more that live in fear of losing undercuts our ability to compete in a health care issue right now. It would be their coverage. They are one accident global marketplace.’’ very easy to say let’s kick the can or illness away from losing everything. And he went on to say that the key down the road another year. We’ll So we have major issues to discuss. points in his presentation are: ‘‘Al- come back here in March of 2009 and Most important, and I know the gen- though recently declines in our annual everything will be different and we’ll tleman is going to deal with this issue budget deficit are good news, our take up health care then. That’s great. at some length tonight, is the fact that longer-term fiscal outlook is worse, You know what? When next year comes if you’re an individual or you’re a and absent meaningful action, we will

VerDate Aug 31 2005 03:13 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.080 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H976 CONGRESSIONAL RECORD — HOUSE February 14, 2008 face spiraling levels of debt. Our long- Health Insurance Act. This bill seeks If you go today to a pharmacy any- term fiscal challenge is primarily a to do three things: first, it guarantees where in the country and you’re stand- health care challenge.’’ that if you’re a citizen, you’re in be- ing in line with five people to buy the Well, I think the Comptroller Gen- cause no insurance company in group same prescription drug, you may all eral has it right. It’s our health care or individual health should be allowed pay five different prices for the same challenge. And people every day in to sell you a policy that excludes you product because the price is not openly Wisconsin and across the country are from the community. We have to begin disclosed and there isn’t a free and challenged when they receive in the again to ensure communities rather open medical marketplace. mail a solicitation from an insurance than individuals because what’s hap- As a physician for the past 30 years company, one such as this: with happy pening amongst the insurance world and now as a Congressman for the past smiling faces on the front, they invite today is you will be cherry-picked 13 months, I understand how difficult it you to call an 800 number to see if you away from your mate. A husband will is for families to pay not just their qualify. But here’s the list, and it qualify but not his wife. A mother may health care bills but their insurance reads: ‘‘Important information about be separated from her family. And premiums. People today all across the preexisting conditions. Although we what’s worse, your neighbor may have country are choosing between taking make every effort to extend coverage a completely different health care cov- their next pill and skipping a meal or to all applicants, not everyone will erage only because we’re being cherry- vice versa. qualify. If you have had treatment for picked and divided. But you don’t have to be a doctor to any of the following conditions, you I believe we have to get back to com- know our system is broken because or- may not qualify for coverage.’’ And it munity ratings. It’s not just my opin- dinary people cannot afford to pay for lists a long list of conditions that ion. Many millions of Americans agree their health insurance. These sky- many millions of people have. And at with me. The SEIU agrees with this rocketing costs are excessive. They’re the very end there is a real teaser, and idea, families USA as well. And our simply out of reach for small busi- Constitution, in fact, guarantees any it says: ‘‘This list is not all-inclusive. nesses. They’re out of reach for fami- citizen and every citizen has protec- Other conditions may apply.’’ lies across America. My friends and my fellow Americans, tions against discrimination. This is We need to do more. We need to do I believe it’s time on this Valentine’s the result of very long and hard-won more now. We need to pass legislation gains by ordinary people who for dec- Day, February 14 of 2008, to bring an that contains the essential elements of ades showed extraordinary courage end to the discriminatory actions that openly disclosing the price, guaran- fighting for positive change and the insurance companies now enjoy. We teeing if you’re a citizen, you’re in and rule of law to protect each and every have to bring an end to the discrimina- you will not be discriminated against, citizen. Now I believe is the time to tion against any citizen in this country and that everyone in your region, based on their preexisting medical con- apply this fundamental principle of every citizen or legal resident can pay ditions. anti-discrimination to our health care the lowest price possible. Before I highlight the bill that I am system, because my patients, quite The reality is our Nation’s insurance putting in for submission today called frankly, cannot hold their breath any industry has been successful. It has No Discrimination in Health Insurance longer. And that’s why I have intro- been successful beyond all measure. Act, I’d like to review with you what duced this bill, the No Discrimination And it’s been successful by dividing we have today in our health care sys- in Health Insurance Act. This essential and conquering. Dividing you by your tem, and it’s here to my right. piece of legislation will guarantee ac- neighbor, dividing up families, and in- Our health care system is simply cess to affordable care for every citizen dividually insuring people based upon unsustainable. There are three tiers to in America by bringing an end to the their preexisting condition. We have to health care. In tier one, in red and or- discriminatory practices employed by ange, we have Medicaid, which is 61 insurance companies today who deny put the letters ‘‘unity’’ back into com- million Americans; and Medicare, 43 lifesaving coverage to millions of munity and restore community-based million. These people, in general, don’t Americans only because of a pre- ratings. We can begin to heal our Na- pay for the bill. They don’t feel the existing medical condition. tion by doing this, by becoming a com- economic costs because government is Look, the grim reality is that our munity once again. providing for their needs in most cases. Constitution protects us from discrimi- My No Discrimination in Health In- So in tier one, you have a group of nation unless and until we become surance Act requires companies to people that aren’t paying the bill. In sick. I believe our legislation here that openly disclose their price, to charge tier two you will pay a portion of your I am putting forward will put discrimi- every citizen the same fee for the same bill, and this has to do with the 149 nation where it belongs: in the past. service within the region, and allows million Americans that have health in- Ending all forms of discrimination is all citizens to find a benefit by paying surance. But increasingly today, the essential, I believe; but it’s also time the lowest available price. It will end health insurance premium is sky- we pull back the veil of secrecy be- discrimination in health insurance. It’s rocketing, and the cost for care aver- cause today the real price of health in- the right thing to do, and it will reduce ages $14,000 each year for a household surance, the real price of a pill, the the cost for everyone across the coun- of four. This price and this cost is be- real price of a hospital service is hid- try for health care. Simply put, if yond what the normal hardworking den. And that’s why the second thing you’re a citizen, you’re in, without any family in Wisconsin and elsewhere in that this bill will do is to show us the discrimination against you due to a the country can afford to pay. price, openly disclose the price, and previous medical condition. In tier three, this is the 47 million then allow every citizen to purchase I ask all of you to join me in this ef- American citizens who have no health that product, that health insurance fort because it will be a big battle. care coverage at all, and I am one of policy at that same lowest price within There are some very strong forces in them as the only Member of Congress the region. Ending all forms of dis- the insurance industry that don’t want who has not signed on for health care crimination is paramount and tanta- to compete for our business. This legis- benefits. For I didn’t come here for a mount to why we are here as a Con- lation is essential not just for you and benefit; I came here to guarantee ac- gress. your family; it is essential for small cess to affordable care for everyone. If you go to your favorite restaurant, business to survive. But 47 million Americans who choose you’ll find the solution to our health The greatest expense everywhere in not to purchase insurance either be- care crisis right in front of you. They’ll Wisconsin, as I went around the dis- cause they don’t have the money in hand you a menu, and when you open trict to listen to different employers, their pocket or they can’t afford it. So the menu and see that your ice cream whether you’re in agriculture and a our system, as it exists today, is for dessert might cost $5 for you, family farmer or a small businessman unsustainable, unbalanced, and is tip- what’s the price that the person sitting trying to run a photography shop, the ping over rapidly. next to you or across the table will greatest expense in their overhead is That is why I submitted for passage a pay? $5. Show us the price, and every- their health care cost. We can and we bill called the No Discrimination in one gets to pay the same price. must do better. And we can do better

VerDate Aug 31 2005 02:05 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.081 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H977 by forming an openly disclosed mar- And, Mr. Speaker, I would like to save the mill about $300 every 3 ketplace where people begin to com- share with you some words I was privi- months, and we would save ourselves pete once again for each other’s busi- leged to listen to in a small town in the $250 every 3 months. And they said, ness. This is important. It is essential northern part of Wisconsin, a district I ‘‘No, we can’t do it,’ so now we have to not because I say so, but because the have the honor and privilege of rep- buy them at Wal-Mart.’’ people that I represent say so and, as I resenting. It is a city called Niagara, And I asked him, ‘‘So you think mentioned earlier, the Comptroller Wisconsin. And as Niagara goes, so there is a better way of doing things?’’ General agrees. goes our Nation. Niagara is a small ‘‘You better believe it.’’ I asked him Everyone in this House, every Mem- town of 1,880 people. And the major em- then at the end of my conversation if ber of Congress in the Senate and the ployer there is a paper mill, which was there is anything else he would like House has a health care story to tell. I recently purchased and then closed. Congress to hear? If he were talking can share that with you nonconfiden- Three hundred twenty jobs in this then with Congress and with President tially because they come up to me on small town are about to disappear in Bush, what would he have to say, what the floor and ask me about their April. And I went to Niagara to inter- would you ask him to do. health. view some people and listen to their And George responded, ‘‘Get on the ball. Take care of the United States, b 1700 concerns to see what government can do to help them. I spoke with George. not foreign countries. They always said They ask me about the pills they are George is nearly 80 years old. I would foreign countries are going to take us taking. And I am here, I am available, like to share with you his words for our from within. They don’t have to fight a war with us. Well, that is what is hap- and I can’t bill them because, well, I country. They will be available, if not pening right now. They are buying up have taken an oath. I only get paid by today, then tomorrow at my congres- all the United States.’’ the people I represent. sional Web site, Kagan.house.gov, as a The fact is everybody has a health George had it right. We have to be video clip. able to take care of our own people. I care story to tell. We have to make I asked George, ‘‘Are you still work- represent people in Wisconsin, not for- certain that we don’t discriminate ing?’’ And George responded, ‘‘Nope, eign nations. And taking care of people against people based on their political I’m retired 19 years. Put 41-plus years affiliation, be they independent, Demo- in Wisconsin means, first of all, in there. But what I want to say is that guarantying them access to health care crat, or Republican, but by the condi- Congress should have been aware of tion that they are a citizen and they that they can afford, high-quality care this happening because it has been in that is delivered right close to home. ought to be involved in the risk pool. all the union papers.’’ And he is refer- Mr. Speaker, I will close my remarks And how can we do that? How can we ring to the closing of the mill, the one afford to continue to pay for those on health care by suggesting very major employer in town. ‘‘People been strongly that every Member of Con- costs when our jobs are being shipped talking about it. They put one or two overseas? gress consider this. Either you are for paper machines out of there. They discrimination and on the side of the So, Mr. Speaker, as a close this pulled the machines out. And what do evening, I would like everyone to begin insurance industry or you are against they do? They ship the machine to it and you are on the side of the con- to think differently in America. Health India. That machine was 100 years old, care is intimately tied up with our em- sumer, the patients, and the millions and now it is operating in India. So and millions of Americans who need ployment opportunities, with our jobs. why was Congress so lax? All these jobs We need higher wage jobs that will sus- health insurance at prices they can af- been deteriorating right along.’’ ford to pay. tain America and provide living wages, And I asked him, ‘‘How long have you a living wage that can afford health It was said first in the White House lived here?’’ He responded, ‘‘All my several years ago, either you are with care. Health care is intimately in- life.’’ volved with our jobs and also with our us or you are against us. But this bill ‘‘You were born right here?’’ environment and the education of our allows everybody in the House to de- ‘‘Yup. I will be 80 years in April. And children. You can’t unwrap all of these cide whose side are you on. Whose side I have five brothers who worked in the problems. They are all stuck together. are you on? Are you sitting in the paper mill also, 41, 42, 45, they all But the single greatest problem we face boardroom with the CEOs of the insur- worked there that long. And my chil- today is our health care crisis. And by ance company or are you sitting at dren during the summer months submitting this bill for passage today, home at the kitchen table with moth- worked in that mill.’’ the No Discrimination Health in Insur- ers and fathers who are struggling to I asked him, ‘‘What did you do in the ance Act, I hope to lay the first brick pay their bills every month? mill?’’ in the new wall for the foundation of In my State of Wisconsin, and it is ‘‘I worked on the paper machines.’’ the House of Health Care. We have to true across the United States, the most ‘‘Which one?’’ begin to think differently in America, common reason that people go bank- ‘‘I worked on them all, all machines. and hopefully that starts today. rupt today is they go bankrupt because Started off in the old mill, number one, they cannot afford their health care went to number two, and then went to f bills. They cannot afford this. In number three, and then to number BIPARTISAN EARMARK REFORM Shawano County several months ago four’’ The SPEAKER pro tempore. Under when I stopped into the county court- ‘‘And do they have any retirements,’’ the Speaker’s announced policy of Jan- house, I was told that 19 out of 20 fami- I asked him, ‘‘at the mill?’’ uary 18, 2007, the gentleman from Vir- lies who had come through an edu- ‘‘I have very good benefits, and I am ginia (Mr. WOLF) is recognized for 60 cation policy after going bankrupt did thankful for that. That is what I am minutes as the designee of the minor- so only because they couldn’t afford worried about now, though. I was told ity leader. their health care bills. We can and we that at the end of 2008, things are going Mr. WOLF. Mr. Speaker, the need for must do better in America. And it to change. I am going to have to get earmark reform should be an issue that starts by reforming our health care something else. I don’t know that. No- we can all agree upon, a bipartisan system. When we drive down the cost body told me that. But that is just the agreement. As reported last week, Con- of health care, we are going to cut rumor. So we have to start looking gress’ approval rating fell to just 22 taxes for everyone. Now this sounds into something else.’’ He is referring to percent. Will the House sit idly by pat- like it is voodoo economics, but if I health care benefits and the prescrip- ting each other on the back as this lower the cost of doing business for tion pills. issue continues to grow and be one that every city, every county, every town, ‘‘What makes me mad is that we the American people care deeply every State in the country by lowering found out we can get medication in about? health care costs, I can reduce your Minnesota and in Canada. And what Quite frankly, the effort in the House taxes. This is not just a health care happens? They tell me I can’t do it no to bring a level of transparency in the issue. It is a business issue. It is a tax more because we would get sued, the earmark process, as good as it may ap- issue. company would get sued. They would pear, has yet to satisfy the American

VerDate Aug 31 2005 02:31 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.082 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H978 CONGRESSIONAL RECORD — HOUSE February 14, 2008 people. As a first step to restoring con- out of this Congress. So we will come man HOYER gave a very powerful fidence in the earmark system, Con- together, Republicans and Democrats, speech at the Press Club several gressman JACK KINGSTON, a member of House and Senate, to form this com- months ago endorsing this concept. On the Appropriations Committee, ZACK mittee. the bill, we have Congressman WAMP, a member of the committee, and The panel would examine the way the BOEHNER, the minority leader. We have myself have introduced H. Con. Res. earmarks are included in authorizing Congressman BLUNT, the minority 263, which calls for a joint select com- bills, which has not been done, appro- whip. We have people on both sides of mittee to review the earmark process, priation bills. And to the credit of the the aisle of all political viewpoints and it places a moratorium on all ear- committee, there has been some work from every part of the country. And marks while the panel undertakes its done on the appropriations. Also, tax what it does, Mr. Speaker, it puts ev- work. and tariff measures. Also, what has not erything on the table. Congress holds the power of the been done very well, executive branch b 1715 purse, and, quite frankly, I don’t be- earmarks would also be studied. I want lieve the American people really want to stress that again, because I think It puts Medicare, Medicaid, Social us to cede that authority to the execu- the Congress has ignored some of this Security, and tax policy on the table. tive branch. Under the Constitution, and I think the general public doesn’t It has the support of the Heritage Foundation and Brookings. Alice that is the job of the congressional understand, but this panel would also, Rivlin, head of the Office of Manage- branch. And while I believe that the Mr. Speaker, look at executive branch ment and Budget in the Clinton admin- majority of earmarks are for purposes earmarks, reviewing earmarks in all istration, supports it. We have the sup- which help people, those Members who bills considered by Congress. All bills is port of some of the more thoughtful oppose earmarks have made some le- really the key. think-tanks, such as Brookings. A lot gitimate claims, and they have to be The House, during this period of of different groups. We have had favor- addressed. time, should place a moratorium on all able editorials and comments from There have been positive earmarks to earmarks until the joint select com- David Broder from The Washington fight gangs, to fight the violent MS 13 mittee has finished its work and we are Post, David Brooks from The New York gangs. We created an office of gang in- able to put into place a rule system Times, and Robert Samuelson, who telligence in the FBI to track the gang that restores the confidence of Ameri- writes a column for The Washington movement across the country, and cans that legislation is not loaded up Post. Also we have had editorials in pa- there is a growing problem with regard with hidden special interests or waste- pers like the Tennesseean and the to gangs. ful spending. It would restore honesty, Richmond Times Dispatch and papers The Iraq Study Group was an ear- integrity, and openness to the process like that. mark, and that helped bring about that everyone would feel very con- What it would basically do, it would fresh eyes on the target, if you will, fident because the ground rules would have this national commission of eight bringing former Secretary of State Jim have been agreed to by everyone. The Republicans and eight Democrats to go Baker and former cochairman of the 9/ American public would see how this around the country having a conversa- 11 Commission, Lee Hamilton, along was done. tion with the American people. They with Ed Meese, former Attorney Gen- I strongly support the earmark re- would listen to the American people. eral of the Reagan administration form, including listing names of spon- Then they would hold public hearings whose son is on the staff with General sors on earmarks or specific line item in every Federal Reserve district in the Petraeus over in Iraq, and people like spending. But the rules, Mr. Speaker, Nation. So they are required to go ev- Chuck Robb who is a former marine must apply an equal standard to all erywhere. and Governor and Senator who fought legislation, appropriations, as well as Interestingly enough, the Brookings in Vietnam. So it brought together a authorizing and tax bills and disclosing Foundation and Heritage, along with group of people to take a look at that, earmark sponsors. It must be across David Walker of the Government Ac- and 61 of the 70-some recommendations the board in every bill, but it also must countability Office, are now doing this of the Iraq Study Group have been be a process of indisputable integrity in what they call ‘‘wake-up tours,’’ adopted now, and that basically was an and probity that is honest and authen- where they are going out around the earmark. tic, and one in which the American Nation to tell the American people of I also was told that the work that Dr. people have absolute trust. That is the the danger, the fiscal danger, the finan- Francis Collins has done, and I may be key. It has to be a process, Mr. Speak- cial danger, that awaits this Nation if wrong on this, but Dr. Collins has re- er, in which the American people have we do nothing about this spending and ceived the gold medal. He is the one absolute trust. the debt and the deficit. who has mapped the human genome Earmark reform must be bipartisan. Congressman COOPER knows so much system. And there are people alive It must be an issue on which both po- about this. I wish he was with me here today because of the work that Dr. Col- litical parties can come together so today. But I respect his knowledge and lins has done. Dr. Collins will map that every Member of Congress can understanding and his work on the those genes whereby we know that know what is in there, the American Budget Committee. some individual with a certain gene people can know it. And I am hopeful But, Mr. Speaker, David Walker said, may get a certain condition and now that Members on both sides of the aisle and I will insert it in the CONGRES- they can deal with that to save their will join this effort and support the SIONAL RECORD, I have sent it out to life. So there have been some very posi- Kingston-Wamp-Wolf earmark reform some Members of the House, David tive ones. bill. Walker said there was a tsunami, a fi- But I think it is important to Then, Mr. Speaker, we have the op- nancial tsunami off the coast waiting acknowledge that the Members who portunity after we do that, because I to come in and overcome and overtake have opposed earmarks have made know most Americans are concerned this country. some legitimate claims, and they de- about the spending with regard to the As the father of five children, if our serve that we look at those claims and Federal debt and the deficit. I have a children were on the beach and some- address those claims. bill with Congressman COOPER, again, a one said there was a tsunami off the The joint select committee on ear- bipartisan bill, and again, it is good to coast of New Jersey or the North Caro- mark reform, which is called for in the see, we have to work across the aisle. lina coast or the Maryland coast, we bill, would be comprised of 16 members, It is called the Cooper-Wolf bill, Mr. would as parents want to do everything Mr. Speaker, evenly split between the Speaker, and what it does, it sets up a we can to help our kids. So for our chil- House and the Senate, because what- national commission of eight Repub- dren and for our grandchildren, we ever we do, the House and the Senate licans and eight Democrats, and I have an obligation to deal with this have to be together, also, between Re- would tell Members that there are 70 problem. publicans and Democrats. And I think Members plus on the bill, roughly 30 Also, Mr. Speaker, I think it is also a the American people are thirsty. They Democratic Members and 40 Repub- moral issue. In the Ten Command- are thirsty for some bipartisan activity lican Members. I must say, Congress- ments it says: ‘‘Thou shall not steal,’’

VerDate Aug 31 2005 02:31 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.084 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H979 and for one generation to be living off Constitution clearly says that Con- in fact an authorization bill from the the next generation is in essence steal- gress shall appropriate the money. We Transportation Committee. That is gas ing. need also look at history and realize tax dollars that every 5 years the Con- With all the support that we have, over the last 40 years there is a con- gress directs to this projects or that the bipartisan support, again, a lot of tinuing separation of powers under way projects or this priority or that pri- good Members on both sides of the where the executive branch pulls and ority, and in fact that Bridge to No- aisle, I am hopeful that there can be a pulls more and more authority from where was an authorization bill. So way that we can bring this bill up and the legislative branch. you can wipe out all the earmarks on vote on it in this session. One of the things that this select appropriations; and if that is allowed So with the earmark bill that I spoke committee would allow us to do is over to continue, the most egregious abuse about earlier which deals with a funda- a 6-month period of time, with five we can point to continues. mental problem that the Congress has public hearings, have a national debate You need a comprehensive and sys- to deal with, and with this bill, we can about what is the Congress’ role, what temic approach to this, and that is why have a renaissance in this Nation, cre- is the executive branch’s role, both we have had consensus developing in ate jobs and make a tremendous dif- under the Constitution and in reality. our conference on the Republican side ference. So I just hope that we can pass Just 2 weeks ago, February 1, the for basically a timeout, a moratorium: both of these bills in this Congress. President’s budget request came over. 6 months, no earmarks, hold up the I see my friend from Tennessee, and I Actually, it was February 4. But when trains, let’s stop and do this right. But will yield to the gentleman from Ten- it came over, it was full of specific re- do it responsibly. Don’t just willy-nilly nessee (Mr. WAMP). quests for specific programs which are say we are going to do this for political Mr. WAMP. Mr. Speaker, I thank an earmark. They are earmarks. So purposes or that for political purposes, FRANK WOLF for a distinguished career one of the first things we need to do or we are going to grandstand or pan- of public service. We honored the life of with this select committee is define der. No, we are going to do this the way Tom Lantos today here in Congress, what is an earmark, because right now that people 50 years from now can look but FRANK WOLF is the same kind of it is not clear as to what is and is not back and study the record and say, person as Tom Lantos in terms of al- an earmark. they put the institution and its con- ways caring about what is right, what For instance, is it an earmark for a gressional prerogatives and respon- is just, human rights anywhere and ev- Member of Congress to request an in- sibilities above the passions of the mo- erywhere in the world that need our at- crease in a specific account at the Na- tention in the greatest Nation in the ment, and they recognized that some tional Institutes of Health? If it is the people abused it and that needed to be history of the world. FRANK WOLF is National Institutes of Health and you one of the people here that I look to al- cleaned up and reformed and changed, believe that it should be increased and but they did not give the people down ways for the integrity on decisions you are a Member of the United States that are controversial, that are impas- the street at the executive branch Congress, and under article I, section 9 sioned. He seems to have a level-headed more and more authority and violate you have the authority to appropriate approach that honors the Constitution, the separation of powers under the money, that should not be an earmark. honors what is right. Constitution of the United States. So here we are again working to- But I have got news for you. A lot of This is an important principle as we things right now classified as an ear- gether. Jack Kingston and FRANK WOLF go forward on how to truly have a sys- and I, as long-standing Members of the mark should not be an earmark. It temic approach to clean this mess up. Appropriations Committee, know that should be programmatic in nature; it But it needs change. Anybody who this is a problem. This abuse of ear- should be looked at in a different way. thinks that this system stands the So this whole system needs an over- marks has created clearly the need for ‘‘smell test’’ in America is wrong. It sweeping reforms of this process. But I haul, and that select committee can needs to change, and we are trying to think that we need to do it the right get to that without people claiming change it from this place because that way instead of the wrong way. turf protection or feeling like you are is the responsible thing to do. People One of the things I like about JOHN stepping on their toes, and then they have abused it. MCCAIN is that he doesn’t pander to can come back with these rec- I would argue that the last election people based on whatever might be pop- ommendations that would have the in 2006 was lost by our party in large ular for the moment. The right ap- force of law and truly change this part because of these abuses of ear- proach to this particular problem with whole process without the legislative marks, on authorization, tax, trade, congressional earmarking in 2008 is to branch retreating from its constitu- energy bills and appropriations, and we step back and establish a bipartisan, tional responsibility or just ceding could use an overhaul, a statutory bicameral select committee to over- more and more authority to the execu- framework that the House and the Sen- haul the process in its entirety. tive branch, many times to people at ate would both have to adhere to. The I say that because any kind of a ban the Office of Management and Budget, public is demanding it. that is temporary or only for an indi- OMB, that submits these budget re- So some self-imposed thing is not vidual is not lasting. So if you pledge quests, who are neither elected nor going to bring about systemic change. to say no earmarks, well, for how long educated enough on these issues to ac- Systemic change is what this institu- and who all is affected, and how about tually make these recommendations. tion needs, change that will still be the Senate, how about the House, how That why it is important for elected here 10 years from now, not just for the about the executive branch, how about representatives to do this in a very re- next election. This shouldn’t be polit- everybody else? Because unless it is a sponsible way. The select committee is ical; it should be bipartisan. systemic change, it is not a permanent exactly that approach, the responsible Just this week, one of the leading change; it is not a real change. It is a way to do this. Democrats here in the House basically political posture. Therefore, we should It is comprehensive in nature. As called for the same thing. He said we be careful not to pander on this issue, Representative WOLF said, it doesn’t ought to have a moratorium; we ought but truly seek change. I think that is just apply to the Appropriations Com- to have a timeout and we need to over- what this does. mittee. It applies to authorization haul this practice. His name is HENRY This select committee, what is a se- committees, tax and trade and tariff WAXMAN. I talked to him today. I don’t lect committee? Well, Congress has bills, the executive branch requests, want to put words in his mouth. But I this provision so that that committee the whole gambit of direction of fund- was encouraged that one of the leading can rise above the other committees. It ing of appropriated dollars. And the Democrats said the same thing, basi- has subpoena power. It has tremendous whole thing needs to be reformed. cally: we need to have a comprehensive authority. It is unusual. But it is a I will give you an example. The reform of this process known as ear- committee set up to reform a system Bridge to Nowhere request is one of the marking. like this. most egregious earmarks that we can But I believe step one is to define it, Now, a lot of people don’t realize that point to, and it did not come through what is and what is not an earmark, article I, section 9 of the United States the Appropriations Committee. It was and then go forward. Things that are

VerDate Aug 31 2005 02:31 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.085 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H980 CONGRESSIONAL RECORD — HOUSE February 14, 2008 existing by law that have been around low. Many congressional earmarks are the past, like many of my colleagues, I for a long period of time should not be a waste of the taxpayers’ money. have requested earmarks because I an earmark. I authored the amendment to kill the have been struck by critical needs in Another thing we need to do is sepa- Bridge to Nowhere. It was a difficult my district. But increasingly, in order rate the ability of people to have a cot- choice, taking on a very powerful to get funding for small projects in tage industry through lobbying for ear- Member of Congress who had the abil- your district, you are asked to support marks. That, frankly, makes every- ity, in some eyes, to delete all trans- funding for large projects in other peo- body in Washington look bad. It erodes portation funding for my own district. ple’s districts, for Bridges to Nowhere, the public trust over a period of time. But I looked at this project, it was an for more Monuments to Me, for things There are times where someone advo- earmark not by the Appropriations that are, quite frankly, not defensible cating for you for a specific cause in Committee but by the Transportation for the public fisc and for the tax- this country is necessary, and that is Committee, to build a $320 million payers’ expenditure. I think we have to called lobbying. Today lobbying has a structure slightly shorter than the recognize that some of these earmarks bad name. If I was a lobbyist I would Golden Gate Bridge, slightly taller will simply lead directly to higher want these reforms so that my reputa- than the Brooklyn Bridge, connecting taxes for the American people and for tion is not tarnished. Just like we ap- Ketchikan, Alaska, population 8,000, programs which do not reflect an ap- propriators, WOLF, KINGSTON, WAMP, with Gravina Island, population 50. propriate decision by the government KIRK, CULBERSON, WELDON, GOODE and Gravina Island has no paved roads, no to remove funding from an individual others that have helped us with this restaurants, and no stores. It was clear taxpayer to provide for these projects. cause, we don’t want our integrity tar- that this was an extravagant expendi- That is why I back this moratorium nished by the people who abused this ture of money by the United States that we have come forward with and I prerogative under the Constitution. taxpayers to benefit a very, very few back the Kingston-Wolf reforms, be- They are the ones, just like the local number of Americans. cause I think it is a recognition by law enforcement guy who takes a It was also disturbing about how this members of the Appropriations Com- bribe, all police officers are not like project was handled, as so many other mittee that the system is broken; that that, and all Members of Congress are low quality earmarks are done: air- the public’s confidence in how this not going to do what these people did. dropped without consideration by the money is spent is not there; that Re- Thankfully, the people that have vio- House or Senate floors; no potential to publicans and Democrats should join lated our trust are either under inves- amend or kill this project by Senators together to fix it; that the power of the tigation or they are already gone or or Members of Congress; added to a purse is rightly put by the Constitution some of them are in jail. But the sys- conference report, that is a final bill, in the Congress. But it has to be a tem needs to be cleaned up so that they at the last minute where everyone is power that is respected. It has to be a cannot do that again. That is what only given one vote, ‘‘yes’’ or ‘‘no,’’ on power in which judgment is leveled and hasn’t happened. Frankly, there are the complete package and not able to which the burden of proof is against some people in this institution who are reach in and delete funding for a low spending the taxpayers’ funds so that kind of arrogant about this, saying quality project. always we have a feeling towards the that it ought to continue and that Our battle, after the Kirk Amend- bottom line of balancing the budget there is no reason for reform. But that ment passed, was a long one, but fi- and making sure the tax burden on the is not true either. nally the Governor of Alaska relented. American people is as low as possible. So we have got to meet in a rational, And thanks to public outrage, thanks That is why I thank the gentleman logical way. That is why the select to congressional scrutiny, thanks to from Tennessee and the gentleman committee approach is the right ap- concerned Americans around this coun- from Virginia for having this Special proach. I am very, very proud to stand try, the Bridge to Nowhere will not be Order and hope that this legislation with Representatives WOLF and KING- built. can pick up bipartisan steam and be STON and others in support of this ap- But we have seen so many other adopted by the American people. They proach, and we will have a moratorium projects which do not pass even a laugh get it, but some of the elected rep- on earmarks until we make the needed test among American taxpayers. For resentatives of the American people changes to begin to restore the public example, a new earmark, I understand, here still don’t get it, and their voices trust and uphold the honor and the dig- for the Berkeley school system would need to be heard. nity that should be associated with our create French gourmet menus for I yield back to my friend from Vir- fulfilling our responsibilities under the school lunches, clearly something that ginia. Constitution of the United States. does not even pass the laugh test here Mr. WOLF. I thank the gentleman. I thank the gentleman for yielding on the House floor among Republicans And in closing, unless the gentleman time. or Democrats. has any other comments, I would say Mr. WOLF. I thank the gentleman. Also, we have seen these earmarks this needs to be bipartisan. It is H. His comments are very good. I think it for Monuments to Me. I think it is per- Con. Res. 263. I believe it will pass the really needs to be bipartisan and it fectly appropriate when we see a proud House. I think it is inevitable that it needs to be institutionalized, and it public structure funded by the tax- will pass the House. We have to come needs to be done in such a way that the payers to be named after one of our na- together. I acknowledge there have American people have confidence. tional heroes, to be named after a great been some sincere efforts made, and I I would yield to the gentleman from American, or just great humanitarian think we come together and institu- Illinois (Mr. KIRK), also a member of from history, but not for sitting politi- tionalize this with regard to this select the Appropriations Committee. cians who currently hold public office. committee. I am worried that, for example, So I want to thank both Mr. WAMP b 1730 throughout West Virginia we have and Mr. KIRK, and Mr. KINGSTON who Mr. KIRK. I thank the gentleman for many Senator BYRD centers. It seems could not be here, and the other Mem- yielding and join this group of what we like almost a large part of the State is bers who have put this together and might call apostate appropriators who now named after a sitting Member of say it needs to be done bipartisan. We are leading the reform cause, because I Congress, who comes with feet of clay, have to do it so the American people think we all agree that the current sys- someone who can have great, great at- can say, ‘‘Well done. It really makes tem was broken under Republican lead- tributes and great detriments, and sense.’’ ers and broken under Democratic lead- someone who really should be judged I yield back the balance of my time. ers. by history before we name great public f I believe that we should not tax the works after them. American people more than necessary, Our reforms talk about ending fund- GEORGE WASHINGTON that taxpayer monies should be spent ing for these Monuments to Me. It calls The SPEAKER pro tempore (Mr. wisely, and that Congress should use for an increased level of, I think, ap- COURTNEY). Under the Speaker’s an- its power to cut waste to keep taxes propriate humility in what we fund. In nounced policy of January 18, 2007, the

VerDate Aug 31 2005 02:31 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.086 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H981 gentleman from California (Mr. DANIEL At this estate, he was an ambitious had bullets graze his uniform, only to E. LUNGREN) is recognized for 60 min- farmer, planter, and businessman, at be unhurt and commended for his brav- utes. first specializing in tobacco. During ery in leading the troops and orga- Mr. DANIEL E. LUNGREN of Cali- the course of time that he had Mount nizing their retreat. fornia. Mr. Speaker, in 1968, Congress Vernon under his direction, he system- His subsequent leadership during the officially moved the Federal holiday ically quadrupled its size, eventually Revolutionary War was indispensable acknowledging our first President’s overseeing five farms and introducing to the colonies’ eventual success, fi- birthday to the third Monday in Feb- new crop rotation schemes that are nally achieved 8 long years later in the ruary, so now it is commonly known as even today admired for their direction. Treaty of Paris. He never accepted a President’s Day. I rise today to give While he never seemed to have very salary as Commander in Chief of the more specificity to such an ambigu- much to say, he wasn’t indifferent to Continental Army. More importantly, ously titled designation and to try to the larger world. We are told he sub- he was a visionary commander, finding pay appropriate tribute to that first scribed to ten papers at Mount Vernon, such competent and important figures President in our experiment of con- and in the 1760s, despite owning 50,000 as the 33-year-old Rhode Island Quaker stitutional self-government. acres, found himself 12,000 British Nathanael Greene and the 25-year-old George Washington was born Feb- pounds in debt. From this and other Boston bookseller Henry Knox. ruary 22, 1732, almost 276 years ago. He things, he came to believe the extant While he fought a mere total of nine died on December 14, 1799, at the age of system of commercial trading with his battles of which he only won three, 67, a mere 2 years after choosing not to British counterparts was designed for Washington knew he had to keep the run for a third term, thereby estab- his and his neighbors’ perpetual indebt- colonial forces intact in order to defeat lishing a precedent now enshrined in edness. He became a nonimportation the British and woo the French, a dual our 22nd amendment. believer and a supporter of colonial ef- task he accomplished by not focusing He has been described as America’s forts at self-sufficiency. on captured grounds, a war of posts as premier military and civilian leader As we know, Washington served in they say, but on maneuvering and sur- during the Revolutionary era, and yet, the Virginia House of Burgesses. He vival. While highly critical of the un- as one historian has recently written, spoke out against the Stamp Act of trained and undisciplined colonial young people in particular do not know 1765, the Declaratory Act of 1766, and forces, as Commander in Chief he wrote much about Washington. the Coercive or Intolerable Acts of 1774. annual letters to the State govern- By our time, in the early 21st cen- During the First Continental Congress, ments and kept Congress knowledge- tury, George Washington seems so far Washington was a member of the Vir- able of his situation in order to main- removed from us as to be virtually in- ginia delegation. After the clashes at tain some semblance of trust and har- comprehensible. He seems to come Lexington and Concord, he attended mony. from another place, another time, from the Second Continental Congress, His surprise military and moral vic- another world. wearing his old military uniform, and tories at Trenton and Princeton, as He did not write a literary, political, was nominated by John Adams on June well as his steadfastness at Valley military, or philosophical treatise that 15, 1775, to command the volunteer Forge the following winter, have gone transformed our understanding of phi- forces that had amassed in Massachu- down in American lore as true meas- losophy, physics, human affairs, or setts because of the British occupation ures of commitment, of greatness, of government. Nonetheless, throughout of Boston. On July 3, 1775, he took com- endurance, and leadership. The suf- our history he has been compared to mand of that Army, then called the fering at Valley Forge was unimagi- Cincinnatus, that late fifth century Army of the United Colonies. nable. There, he wrote, ‘‘To see Men Roman figure who spurned his plow for A couple of years ago, I was privi- without Cloathes to cover their naked- a defense of Rome when so called by leged to spend a semester at Harvard, ness, without Blankets to lay on, with- the Roman Senate. Why is this so? and I remember walking through the out Shoes, by which their Marches The basic facts of Washington’s life streets just sort of looking at the peo- might be traced by the blood from have been retold on innumerable occa- ple playing soccer and baseball, and I their feet, and almost as often without sions. Nevertheless, if only because saw a monument that appeared to be Provisions as with; Marching through this man is on our quarter, on the dol- not very spectacular. I went over to see frost and Snow, and at Christmas tak- lar bill, and on Mount Rushmore, they what it was all about, and it was a ing up their Winter Quarters within a bear repeating. monument to George Washington tak- day’s March of the enemy, without a Born in 1732 in Virginia along the Po- ing over that Army. Inscribed on the House or a Hutt to cover them till they tomac River, he was a fourth-genera- walls thereon are the words that he could be built and submitting to it tion American. He was not the first- spoke that day to those troops. And without a murmur, is a mark of pa- born son and his family was not in the while I do not have them from mem- tience and obedience which in my opin- top tier of the Virginia aristocracy. ory, I recall that he indicated to the ion can scarcely be parallel’d.’’ Probably standing at 6–2 to 6–3, and men then assembled that they were to slightly above 200 pounds, he was a be united in this effort to fight for free- b 1745 physically imposing man. He once dom. And as I stood there and looked He helped to surround Cornwallis at threw a stone over the Natural Bridge at those words and tried to drink them Yorktown in 1781, effectively ending in the Shenandoah Valley, which was in, you could almost sense the power of the military aspect of the war. And 215 high, was generally regarded as the such a magnificent figure of George after the Treaty of Paris was finalized, finest horseman in Virginia, the rider Washington talking to those assembled he resigned as Commander in Chief of who led the pack of most fox hunts, scattered troops from all over. He was, the American forces and surrendered and was a graceful dancer. in a very simple sense, a commander his sword to Congress on December 23, Washington was an adventurer and a who commanded the attention and the 1783. surveyor in the Shenandoah Valley as loyalty of his men. Of course, the Army Now, his decision to leave for retire- well as an explorer of the Ohio country, of the United Colonies was the next ment at Mount Vernon and attend the then comprised of western Pennsyl- year changed to the Continental Army, Constitutional Convention in Philadel- vania and parts of present-day Ohio. He sounding quite a bit more professional phia in 1787 was not one without risk. became a Virginia militia officer, and than it was in reality. As James Madison said, Washington was at Fort Necessity in 1754 for that While never known for ground- would be making a decision to ‘‘forsake ignominious surrender to the French. breaking military tactics or strategic the honorable retreat to which he had He left the Army 4 years later, married innovations, Washington nevertheless retired and risk the reputation he had the wealthiest widow in Virginia, Mar- displayed admirable courage; exempli- so deservedly acquired.’’ He did attend tha Dandridge Custis, in 1759, and in- fied by his exploits in 1755 at Pitts- the convention and was elected Presi- herited the now magnificent Mount burgh when, with British General Brad- dent. As he later said: ‘‘Whensoever I Vernon when his brother Lawrence dock injured, Washington had at least shall be convinced the good of my died. two horses shot out from under him, country requires my reputation to be

VerDate Aug 31 2005 02:31 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.088 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H982 CONGRESSIONAL RECORD — HOUSE February 14, 2008 put at risk, regard for my own fame This preference for ballots over bul- him, defying aides who tried to pull will not come in competition with an lets and appeal to republican, constitu- him down before he had properly sur- object of so much magnitude.’’ tional, ballot-driven self-government veyed the field of action. When Wash- At the Constitutional Convention, would be made again by Abraham Lin- ington spoke of destiny, people lis- his presence was a calming and vital coln in 1861 and be equally as powerful. tened.’’ force. Probably ‘‘the most graphic il- Self-government in the new Republic Finally: ‘‘His commanding presence lustration of the singular status that required adherence to the law, that is had been the central feature in every Washington enjoyed was the decision of our Constitution, and the laws under it major event of the revolutionary era: the Constitutional Convention to de- which articulate the boundaries and di- the linchpin of the Continental Army posit the minutes of its secret delibera- mensions of our communal lives to- throughout 8 long years of desperate tions with him for safekeeping.’’ And gether as citizens. fighting from 1775 to 1783; the presiding as James Monroe later told Thomas As he said in his farewell address: officer at the Constitutional Conven- Jefferson: ‘‘Be assured, his influence ‘‘This government, the offspring of our tion in 1787; the first and only Chief carried this government.’’ own choice uninfluenced and unawed, Executive of the fledgling Federal Gov- His universal admiration helped over- adopted upon full investigation and ernment since 1789. He was the palpable come the suspicions of the possibility mature deliberation, completely free in reality that clothed the revolutionary of monarchy arising out of the new its principles, in the distribution of its rhapsodies in flesh and blood, Amer- Constitution and its king-resembling, powers, uniting security with energy, ica’s one and only indispensable char- popularly elected executive office, a and containing within itself a provision acter.’’ suspicion of which he was very much for its own amendment, has a just Joseph Ellis’s description speaks for apprehensive. Republics were thought claim to your confidence and support. itself in relation to the man that we to be possible only in small, homo- The very idea of the power and right of honor this month. Still, it is not only geneous enclaves, not on sprawling, people to establish government pre- for these facts alone that George Wash- vast continents. A fear of monarchy supposes the duty of every individual ington has earned our highest esteem. and the concomitant heavy-handed to obey the established government.’’ He is also frequently commended in government rule, either from necessity So this combination of constitu- discussions of republican political or the nature of power-hungry man, tionalism and consent, he believed, is thought and classical virtue. One histo- was widespread. the bedrock of self-government. rian has recently written that ‘‘Wash- As our Nation’s first President, he in- In 1775 Washington said: ‘‘Make the ington became a great man and was ac- stinctively knew he would be setting best of mankind as they are, since we claimed as a classical hero because of precedents for future executives to fol- cannot have them as we wish.’’ And as the way he conducted himself during low as they walked this tightrope be- President, he ably navigated the wa- times of temptation. It was his moral tween centralization and dispersion of ters between Anglo and French fac- character that set him off from other power, between deference and democ- tions and their sympathizers, both men.’’ racy. Washington’s life was immersed in He was twice elected President overseas and within his own Cabinet. It was Thomas Jefferson’s opinion this classical milieu of republicanism, unanimously by the Electoral College. that Jay’s Treaty of 1795, an important virtue, honor, and deference. Wash- As one of the premier historians of the agreement which kept the United ington loved the classical play ‘‘Cato’’ founding era has written, ‘‘The whole States out of the Franco-British impe- by Joseph Addison in which virtue, not thing,’’ that is the creation of the Con- purely self-aggrandizement, is exempli- stitution, ‘‘was merely words on paper rial intrigues, that it passed because of fied and praised. As a young man, he until implemented by Washington’s the ‘‘one man who outweighs them all copied for himself a text called ‘‘Rules government. Washington knew how in influence over the people,’’ Wash- of Civility and Decent Behavior in malleable the situation was; he under- ington. Perhaps the words of the author Jo- stood that every move he and his ad- Company and Conversation,’’ a list of seph Ellis sum up this magnificent life ministration made would be a prece- over 100 short instructions on how to dent that would shape the actuality of most eloquently when he says: conduct oneself in the company of oth- the Constitution, and he proceeded ‘‘Throughout the first half of the 1790s, ers, in society, and in the cultivation with great care. It was Washington, for the closest approximation to a self-evi- of one’s manners and morals. While example, who created the structure of dent truth in American politics was some may call these pithy exhortations the executive offices,’’ we now call the George Washington. A legend in his trite or simplistic today, are we really Cabinet, ‘‘and it was he who defined own time, Americans had been describ- going to ridicule Washington for being the Senate’s role in foreign policy and ing Washington as ‘the Father of the concerned with his ethical philosophy, something of the operational meaning Country’ since 1776, which is to say, be- a philosophy in which private and pub- of the words ‘advise and consent.’’’ fore there ever was a country. By the lic morality are a seamless whole? As Washington himself said: ‘‘We are time he assumed the Presidency in Washington did not have a classical a young nation and have a character to 1789, no other candidate was even education. He did not attend college. establish. It behooves us, therefore, to thinkable, the mythology surrounding He was always insecure about these set out right, for first impression will Washington’s reputation had grown facts and tried to make ‘‘up for this be lasting.’’ like ivy over a statue, effectively lack by intensive self-cultivation in As President, he believed in the rule covering the man with an aura of om- liberal enlightened values.’’ This self- of law, however unpopular such a belief nipotence, rendering the distinction cultivation was successful and it might be at any given time. When the between his human qualities and his helped him lead others throughout his Whiskey Rebellion, a popular uprising heroic achievements impossible to de- military and civilian endeavors. As one in four counties in western Pennsyl- lineate.’’ scholar has commented, adulation for vania protesting an excise tax on whis- In fact: ‘‘Some of the most incredible Washington’s classical virtues cannot key, occurred, when it threatened to stories also happened to be true. Dur- simply be dismissed. He writes: ‘‘Gen- stop the normal functioning of civil ing General Edward Braddock’s ill- eral Greene, a Rhode Islander who be- government, Washington firmly stood fated expedition against the French came one of his most trusted deputies, against the subverting of civil authori- outside Pittsburgh in 1755, a young told a friend that Washington’s very ties. More importantly, in relation to Washington had joined with Daniel presence spread ‘the spirit of conquest constitutional government, Wash- Boone to rally the survivors, despite throughout the whole army.’ Greene ington was a firm adherent to its prin- having two horses shot out from under hoped that ‘we shall be taught to copy ciples. He believed, in contrast to oth- him and multiple bullet holes piercing his example and to prefer the love of ers of the age who sympathized with his coat and creasing his pants. At liberty in this time of public danger to frequent revolutions ex nihilo, that de- Yorktown in 1781, he had insisted on all the soft pleasures of domestic life cisions of a republican people ‘‘only be standing atop a parapet for a full 15 and support ourselves with manly for- unmade in the same way they had been minutes during an artillery attack, titude amidst all the dangers and hard- made.’’ bullets and shrapnel flying all about ships that attend a state of war.’ In

VerDate Aug 31 2005 03:13 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.089 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H983 part, these rapturous assessments sim- addressed Jews as equal fellow citizens government which would be called self- ply expressed the excitability of men in his famous and articulate letter to government. Feudalism; monarchy; putting their lives on the line for what the Newport Hebrew congregation in primogeniture; artificial hereditary seemed a hopeless cause. They needed 1790. In it he said, ‘‘the citizens of the distinctions, sectarian bloodbaths. to see greatness, and so they saw it. United States of America, have a right These were not to be the demarcations But the accounts are too specific and to applaud themselves for having given of this new Nation. As Washington, in too consistent for that to be the only to mankind examples of a enlarged and his cautiously optimistic manner said reason. Soon after Washington’s ap- liberal policy, a policy worthy of imi- in his 1783 Circular to the States, ‘‘the pointment as Commander in Chief, tation. All possess alike liberty of con- foundation of our empire was not laid that dour critic of men, John Adams, science, and immunities of citizenship. in the gloomy age of ignorance and su- told his wife that the Virginian was It is now no more that toleration is perstition, but at an epoch when the destined to become ‘one of the most spoken of, as if it were by the indul- rights of mankind were better under- important characters in the world.’ gence of one class of people, that an- stood and more clearly defined than at Again and again, Washington struck other enjoyed the exercise of their in- any former period.’’ These rights were the men of his day as an exemplar of herent natural rights. For happily the understood and defined on this newly ancient republican ideals, almost as government of the United States, freed and expanding continent, a land though he had stepped from the ped- which gives to bigotry no sanction, to of which Washington said, ‘‘is there a estal of the ages.’’ persecution no assistance, requires doubt whether a common government Another historian has written: only that they who live under its pro- can embrace so large a sphere? Let ex- ‘‘Washington’s writings are crowded tection should demean themselves as perience solve it. . . . It is well worth a with ringing affirmations of revolu- good citizens, in giving it on all occa- fair and full experiment.’’ tionary ideals’’ and ‘‘Washington’s sions their effectual support. . . . May For ‘‘Washington, America was a friends and enemies alike testified that the children of the Stock of Abraham, practical experiment in the preserva- he deeply believed what he wrote. Like who dwell in this land, continue to tion of liberty and the success of repub- Cromwell’s captain, Washington knew merit and enjoy the good will of the lican government.’’ As he said in his what he fought for, and loved what he other inhabitants; while every one First Inaugural Address on April 30, knew. He was of one mind about that.’’ shall sit in safety under his own vine 1789, ‘‘The preservation of the sacred Today, Washington speaks to us and figtree, and there shall be none to fire of liberty and the destiny of the re- across the ages about virtue, edu- make him afraid.’’ publican model of government are just- cation, and religious freedom. In his This commitment to freedom of con- ly considered, perhaps, as deeply, as fi- first inaugural address, Washington science had been previously heard in nally, staked on the experiment en- stated: ‘‘There is no truth more 1775 when Washington had written, trusted in the hands of the American thoroughly established than that there ‘‘while we are contending for our own people.’’ exists in the economy and course of na- Liberty, we should be very cautious of In contrast to monarchies, Wash- ture an indissoluble union between vir- violating the Rights of Conscience in ington established the republican prin- tue and happiness; between duty and others, ever considering that God alone advantage; between the genuine max- ciple of rotation in office. ‘‘Presidents, is the Judge of the Hearts of Men, and ims of an honest and magnanimous pol- no matter how indispensable, were in- to him only in this Case, they are an- icy and the solid rewards of public herently disposable.’’ swerable.’’ George Washington was ‘‘an extraor- prosperity.’’ And ‘‘that we ought to be Finally, his Farewell Address, with no less persuaded that the propitious dinary man who made it possible for its encouragement to avoid excessive smiles of heaven can never be expected ordinary men to rule.’’ In the words of partisanship, maintain American neu- on a nation that disregards the eternal the great Frederick Douglass, the trality, achieve diplomatic independ- rules of order and right, which Heaven former slave and abolitionist, ‘‘I would ence, in short, to implement ‘‘unity at itself has ordained.’’ not, even in words,’’ he said, ‘‘do vio- About the importance of seeing edu- home and independence abroad’’ still lence to the great events, and thrilling cation and virtue as one philosophical strikes the chords of wisdom and pru- associations, that gloriously cluster whole, Washington wrote to his nephew dence in our ears. around the birth of our national inde- I salute the man in whose tribute a George Steptoe Washington these pendence.’’ ‘‘No people ever entered monument without words stands in our words: ‘‘Should you enter upon the upon pathways of nations, with higher course of studies here marked out, you capital today. Its height, stature and and grander ideas of justice, liberty must consider it as the finishing of distinctiveness speak for themselves. and humanity than ourselves.’’ your education, and, therefore, as the He was a unique man who seemed to be Madam Speaker, we have George time is limited, that every hour immune to both bullets and smallpox. Washington to thank for such benefi- misspent is lost forever, and that fu- It may or may not be true that Wash- cence. He made it happen. Now let us ture years cannot compensate for lost ington ‘‘had neither copiousness of live up to that challenge to articulate days at this period of your life. This re- ideas nor fluency of words.’’ and legislate the contours of liberty flection must show the necessity of an Nevertheless, even a sometime harsh and justice for our collective humanity unremitting application to your stud- critic like Thomas Jefferson had to in these United States. ies. To point out the importance of cir- admit that ‘‘the moderation and virtue Happy birthday, President Wash- cumspection in your conduct, it may of a single character . . . probably pre- ington. We honor you and appreciate be proper to observe that a good moral vented this revolution from being your service to this, to our great coun- character is the first essential in a closed, as most others have been, by a try. man, and that the habits contracted at subversion of that liberty it was in- your age are generally indelible, and tended to establish.’’ f Now, Washington did say that ‘‘with your conduct here may stamp your LEAVE OF ABSENCE character through life. It is therefore our fate will the destiny of unborn mil- highly important that you should en- lions be involved,’’ and as we look to By unanimous consent, leave of ab- deavor not only to be learned but vir- his birth, life, service, and death, we sence was granted to: tuous.’’ know that he was right, and that Ms. ESHOO (at the request of Mr. In relation to religion, he was also should give us pause. HOYER) for today after 2:45 p.m. convinced, as he declared in his fare- Without Washington’s character, his f well address, religion was an indispen- perseverance and achievements, all the important historiographical debates sable foundation for both morality and SPECIAL ORDERS GRANTED republican government. over the founding would be merely par- lor games of philosophical intrigue. By unanimous consent, permission to b 1800 Unlike events in decades and centuries address the House, following the legis- As President, he attended the serv- past, Washington believed in, literally lative program and any special orders ices of a variety of denominations. He started, and served in the system of heretofore entered, was granted to:

VerDate Aug 31 2005 03:13 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K14FE7.090 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H984 CONGRESSIONAL RECORD — HOUSE February 14, 2008 (The following Members (at the re- (The following Members (at their own ADJOURNMENT quest of Mr. HASTINGS of Florida) to re- request) to revise and extend their re- Mr. DANIEL E. LUNGREN of Cali- vise and extend their remarks and in- marks and include extraneous mate- fornia. Madam Speaker, I move that clude extraneous material:) rial:) the House do now adjourn. Mr. CUMMINGS, for 5 minutes, today. Mr. HOEKSTRA, for 5 minutes, today. The motion was agreed to; accord- Ms. WOOLSEY, for 5 minutes, today. Mr. GOHMERT, for 5 minutes, today. ingly (at 6 o’clock and 9 minutes p.m.), Ms. KAPTUR, for 5 minutes, today. Mr. PRICE of Georgia, for 5 minutes, the House adjourned until tomorrow, Mr. DEFAZIO, for 5 minutes, today.h today. Friday, February 15, 2008, at 10 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 fourth quarter of 2007 and the first quarter of 2008, pursuant to Public Law 95–384 are as follows: REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HON. JOSEPH R. PITTS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND JAN. 9, 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

Hon. Joseph R. Pitts ...... 1/1 United States ...... 3 9,544.00 ...... 9,544.00 1 /2 1 /2 Kuwait ...... 1 /2 1 /3 Iraq ...... 1 /3 1 /4 Kuwait ...... 164.00 ...... 164.00 1 /5 1 /6 Jordan ...... 291.00 ...... 291.00 1 /6 1 /9 Israel ...... 2,095.00 ...... 2,095.00 Committee total ...... 2,550.00 ...... 9,544.00 ...... 12,094.00 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 Total cost of all commercial flights. JOSEPH R. PITTS, Chairman, Jan. 29, 2008. REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMISSION ON SECURITY AND COOPERATION IN EUROPE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2007

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2 Kyle Parker ...... 10 /1 United States ...... 7,318.79 ...... 7,318.79 10/2 10/6 Poland ...... 1,346.95 ...... 1,346.95 Janice Helwig ...... 10/1 United States ...... 3,130.96 ...... 3,130.96 10/1 12/21 Austria ...... 14,298.00 ...... 14,298.00 Mischa Thompson ...... 10 /6 United States ...... 5,169.52 ...... 5,169.52 10/7 10/13 Spain ...... 2,156.00 ...... 2,156.00 Janice Helwig ...... 10/7 Austria ...... 1,496.39 ...... 1,496.39 10/7 10/11 Spain ...... 1,732.30 ...... 1,732.30 Hon. Alcee L. Hastings ...... 11/26 United States ...... 6,199.76 ...... 6,199.76 11/27 11/30 Spain ...... 1,419.00 ...... 1,419.00 Lale Mamaux ...... 11 /25 United States ...... 7,698.84 ...... 7,698.84 11/26 12/1 Spain ...... 2,115.00 ...... 2,115.00 Winsome Packer ...... 11 /25 United States ...... 5,209.76 ...... 5,209.76 11/26 12/1 Spain ...... 2,115.00 ...... 2,115.00 Janice Helwig ...... 11/26 Austria ...... 1,496.39 ...... 1,496.39 11/26 12/1 Spain ...... 2,115.00 ...... 2,115.00 Shelly Han ...... 12/9 United States ...... 17,222.33 ...... 17,222.33 12/10 12/13 Morocco ...... 824.50 ...... 824.50 12/14 12/18 Kyrgyzstan ...... 1,474.00 ...... 1,474.00 Alex Johnson ...... 12/9 United States ...... 8,637.50 ...... 8,637.50 12/10 12/14 Morocco ...... 1,083.50 ...... 1,083.50 Hon. Alcee L. Hastings ...... 12/15 United States ...... 8,785.08 ...... 8,785.08 12/16 12/19 Israel ...... 1,348.00 ...... 1,348.00 Marlene Kaufmann ...... 12/15 United States ...... 6,828.28 ...... 6,828.28 12/16 12/20 Israel ...... 1,348.00 ...... 1,348.00 Committee total ...... 33,375.25 ...... 79,193.60 ...... 112,568.85 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. ALCEE L. HASTINGS, Chairman, Jan. 30, 2008. REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2007

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

Hon. Collin C. Peterson ...... 11 /18 11 /20 Brazil ...... 502.00 ...... (3) ...... 502.00 11/21 ...... Argentina ...... 122.00 ...... (3) ...... 122.00 11/21 11/23 Colombia ...... 198.00 ...... (3) ...... 198.00 11/23 11/24 Panama ...... 244.00 ...... (3) ...... 244.00 Hon. Randy Neugebauer ...... 11 /26 12 /1 Brazil ...... 1,474.00 ...... (3) ...... 1,474.00 Hon. John Salazar ...... 11 /26 12/1 Brazil ...... 1,474.00 ...... (3) ...... 1,474.00 Hon. Tim Mahoney ...... 11/26 12/1 Brazil ...... 1,474.00 ...... (3) ...... 1,474.00 Hon. Virginia Foxx ...... 11 /26 12/1 Brazil ...... 1,474.00 ...... (3) ...... 1,474.00 Hon. Tim Holden ...... 11/26 12 /1 Brazil ...... 1,474.00 ...... (3) ...... 1,474.00 Hon. Tim Walberg ...... 11 /27 11 /28 Ghana ...... 139.00 ...... (3) ...... 139.00 11/28 11/29 Burundi ...... 136.00 ...... (3) ...... 136.00 11/29 11/30 Ethiopia ...... 140.00 ...... (3) ...... 140.00 11/30 12/1 United Arab Emirates ...... 386.00 ...... (3) ...... 386.00 12/1 12/3 Czech Republic ...... 146.00 ...... (3) ...... 146.00 Committee total ...... 9,383.00 ...... 9,383.00 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. COLLIN C. PETERSON, Chairman, Jan. 31, 2008.

VerDate Aug 31 2005 03:13 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4634 Sfmt 8634 E:\CR\FM\K14FE7.093 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H985 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2007

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

Hon. Bud Cramer ...... 10 /4 10 /9 Italy ...... 4,091.46 ...... (3) ...... 4,091.46 Hon. Bill Young ...... 10/4 10/9 Italy ...... 4,091.46 ...... (3) ...... 4,091.46 Hon. Kay Granger ...... 10/4 10/9 Italy ...... 4,091.46 ...... (3) ...... 4,091.46 John Shank ...... 10 /4 10 /9 Italy ...... 4,091.46 ...... (3) ...... 4,091.46 John Blazey ...... 10/4 10/9 Italy ...... 4,091.46 ...... (3) ...... 4,091.46 Hon. Allen Boyd ...... 10 /5 10 /7 Qatar ...... 458.00 ...... (3) ...... 458.00 10/7 10/8 Jordan ...... 279.00 ...... (3) ...... 279.00 10/8 10/9 Germany ...... 223.00 ...... (3) ...... 223.00 Hon. Roger Wicker ...... 10/5 10/7 Qatar ...... 458.00 ...... (3) ...... 458.00 10/7 10/8 Jordan ...... 279.00 ...... (3) ...... 279.00 10/8 10/9 Germany ...... 223.00 ...... (3) ...... 223.00 Paul Terry ...... 10 /5 10 /7 Qatar ...... 458.00 ...... (3) ...... 458.00 10/7 10/8 Jordan ...... 279.00 ...... (3) ...... 279.00 10/8 10/9 Germany ...... 223.00 ...... (3) ...... 223.00 Hon. Ciro Rodgiguez ...... 10/8 10/9 Mexico ...... 493.00 ...... 493.00 Commercial airfare ...... 460.08 ...... 460.08 Hon. Ed Pastor ...... 10 /8 10 /9 Mexico ...... 350.00 ...... 350.00 Commercial airfare ...... 378.58 ...... 378.58 Hon. Ben Chandler ...... 11/2 11/5 Italy ...... 2,425.00 ...... (3) ...... 2,425.00 Hon. John Murtha ...... 11 /21 11/24 Kuwait ...... 1,210.50 ...... (3) ...... 1,210.50 11/24 11/25 Turkey ...... 357.00 ...... (3) ...... 357.00 11/25 11/26 Brussels ...... 975.32 ...... (3) ...... 975.32 Hon. David Hobson ...... 11 /21 11/24 Kuwait ...... 1,210.50 ...... (3) ...... 1,210.50 11/24 11/25 Turkey ...... 357.00 ...... (3) ...... 357.00 11/25 11/26 Brussels ...... 975.32 ...... (3) ...... 975.32 Hon. Norman Dicks ...... 11/21 11/24 Kuwait ...... 1,210.50 ...... (3) ...... 1,210.50 11/24 11/25 Turkey ...... 357.00 ...... (3) ...... 357.00 11/25 11/26 Brussels ...... 975.32 ...... (3) ...... 975.32 Hon. Sanford Bishop ...... 11/21 11 /24 Kuwait ...... 1,210.50 ...... (3) ...... 1,210.50 11/24 11/25 Turkey ...... 357.00 ...... (3) ...... 357.00 11/25 11/26 Brussels ...... 975.32 ...... (3) ...... 975.32 John Blazey ...... 11/21 11 /24 Kuwait ...... 1,000.50 ...... (3) ...... 1,000.50 11/24 11/25 Turkey ...... 357.00 ...... (3) ...... 357.00 11/25 11/26 Brussels ...... 871.78 ...... (3) ...... 871.78 Sarah Young ...... 11/21 11/24 Kuwait ...... 1,000.50 ...... (3) ...... 1,000.50 11/24 11/25 Turkey ...... 357.00 ...... (3) ...... 357.00 11/25 11/26 Brussels ...... 871.78 ...... (3) ...... 871.78 Hon. Steve Israel ...... 11 /21 11 /22 Bahrain ...... 114.00 ...... (3) ...... 114.00 11/24 11/25 Kuwait ...... 104.00 ...... (3) ...... 104.00 Commercial airfare ...... 10,916.16 ...... 10,916.16 Hon. Rodney Frelinghuysen ...... 11 /27 11 /28 Belgium ...... 217.00 ...... (3) ...... 217.00 11/28 11/30 France ...... 356.00 ...... (3) ...... 356.00 11/30 12/2 Germany ...... 418.00 ...... (3) ...... 418.00 Hon. James Moran ...... 11 /24 11 /25 Germany ...... 745.00 ...... (3) ...... 745.00 11/25 11/27 Oman ...... 815.56 ...... (3) ...... 815.56 11/27 11/29 United Arab Emirates ...... 2,149.45 ...... (3) ...... 2,149.45 11/29 11/30 Behrain ...... 407.42 ...... (3) ...... 407.42 11/30 12/1 Germany ...... 380.00 ...... (3) ...... 380.00 Paul Juola ...... 11 /24 11/25 Germany ...... 745.00 ...... (3) ...... 745.00 11/25 11/27 Oman ...... 711.66 ...... (3) ...... 711.66 11/27 11/29 United Arab Emirates ...... 2,149.95 ...... (3) ...... 2,149.95 11/29 11/30 Behrain ...... 381.80 ...... (3) ...... 381.80 11/30 12/1 Germany ...... 380.00 ...... (3) ...... 380.00 Hon. John Carter ...... 11/27 11/28 Greece ...... 1,044.00 ...... (3) ...... 1,044.00 11/29 11/30 Cyprus ...... 344.00 ...... (3) ...... 344.00 12/1 12/2 France ...... 962.00 ...... (3) ...... 962.00 Hon. Tim Ryan ...... 11/24 11 /26 Italy ...... 292.00 ...... (3) ...... 292.00 11/26 11/28 Chad ...... 230.00 ...... (3) ...... 230.00 11/28 11/30 Ethiopia ...... 610.00 ...... (3) ...... 610.00 11/30 12/1 Kenya ...... 268.00 ...... (3) ...... 268.00 12/1 12/2 Belgium ...... 167.00 ...... (3) ...... 167.00 John Blazey ...... 11/27 12 /1 Germany ...... 1,159.18 ...... 1,159.18 12/1 12/4 Norway ...... 1,299.60 ...... 1,299.60 Commercial airfare ...... 9,553.20 ...... 9,553.20 Kristi Mallard ...... 11/27 12/1 Germany ...... 1,159.18 ...... 1,159.18 12/1 12/4 Norway ...... 1,299.60 ...... 1,299.60 Commercial airfare ...... 9,553.20 ...... 9,533.20 Hon. Betty McCollum ...... 11/24 11/30 Jordan ...... 1,638.00 ...... 1,638.00 11/27 11/28 Syria ...... 500.00 ...... 500.00 Misc. Embassy Costs ...... 3,390.51 ...... 3,390.51 Commercial airfare ...... 7,974.91 ...... 7,974.91 Hon. Robert B. Aderholt ...... 11 /27 11 /27 Mauritania ...... (3) ...... 11/27 11/28 Ghana ...... 139.00 ...... (3) ...... 139.00 11/28 11/28 Burkina Faso ...... (3) ...... 11/28 11/29 Burindi ...... 136.00 ...... (3) ...... 136.00 11/29 11/30 Ethiopia ...... 140.00 ...... (3) ...... 140.00 11/30 12/2 United Arab Emirates ...... 386.00 ...... (3) ...... 386.00 12/2 12/2 Poland ...... (3) ...... 12/2 12/3 Czech Republic ...... 146.00 ...... (3) ...... 146.00 Hon. Andrew Crenshaw ...... 11/27 11 /27 Mauritania ...... (3) ...... 11/27 11/28 Ghana ...... 139.00 ...... (3) ...... 139.00 11/28 11/28 Burkina Faso ...... (3) ...... 11/28 11/29 Burindi ...... 136.00 ...... (3) ...... 136.00 11/29 11/30 Ethiopia ...... 140.00 ...... (3) ...... 140.00 11/30 12/2 United Arab Emirates ...... 386.00 ...... (3) ...... 386.00 12/2 12/2 Poland ...... (3) ...... 12/2 12/3 Czech Republic ...... 146.00 ...... (3) ...... 146.00 Hon. Adam Schiff ...... 12 /14 12/14 Ireland ...... (3) ...... 12/15 12/15 Kuwait ...... (3) ...... 12/15 12/16 Iraq ...... (3) ...... 12/16 12/17 Ireland ...... 278.00 ...... (3) ...... 278.00 Misc. Embassy Costs ...... 205.00 ...... 205.00

Committee total ...... 64,455.04 ...... 38,836.13 ...... 3,595.51 ...... 106,886.68 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. 4 Includes conference fees. DAVID OBEY, Chairman.

VerDate Aug 31 2005 03:13 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4634 Sfmt 8634 E:\CR\FM\A14FE7.005 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H986 CONGRESSIONAL RECORD — HOUSE February 14, 2008 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS (SURVEYS AND INVESTIGATIONS STAFF), HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2007

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

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 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. DAVID M. POMERANTZ.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2007

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

Visit to Iraq, Kuwait, September 26–October 1, 2007: Paul Arcangeli ...... 9/27 10 /1 Kuwait ...... 465.00 ...... 465.00 1/28 9/29 Iraq ...... Commercial transportation ...... 9,416.30 ...... 9,416.30 Michael Casey ...... 9/27 10/1 Kuwait ...... 465.00 ...... 465.00 1/28 9/29 Iraq ...... Commercial transportation ...... 7,938.30 ...... 7,938.30 Roy Phillips ...... 9 /27 10 /1 Kuwait ...... 465.00 ...... 465.00 1/28 9/29 Iraq ...... Commercial transportation ...... 9,416.30 ...... 9,416.30 Alexander Kugajevsky ...... 9 /27 10 /1 Kuwait ...... 465.00 ...... 465.00 1/28 9/29 Iraq ...... Commercial transportation ...... 9,416.30 ...... 9.416.30 Stephanie Sanok ...... 9/27 10/1 Kuwait ...... 465.00 ...... 465.00 1/28 9/29 Iraq ...... Commercial transportation ...... 9,416.30 ...... 9,416.30 Visit to Italy, Germany, October 4–9, 2007: Hon. Solomon Ortiz ...... 10/5 10/8 Germany ...... 1,012.00 ...... 1,012.00 10/8 10/9 Italy ...... 70.00 ...... 70.00 Hon. Candice Miller ...... 10/5 10/8 Germany ...... 1,012.00 ...... 1,012.00 10/8 10/9 Italy ...... 70.00 ...... 70.00 David Sienicki ...... 10 /5 10 /8 Germany ...... 1,012.00 ...... 1,012.00 10/8 10/9 Italy ...... 70.00 ...... 70.00 Visit to Kuwait, Afghanistan, October 11–16, 2007: John Kruse ...... 10/12 10/14 Kuwait ...... 210.00 ...... 210.00 10/14 10/15 Afghanistan ...... 50.00 ...... 50.00 10/15 10/16 Kuwait ...... 105.00 ...... 105.00 Commercial transportation ...... 10,455.62 ...... 10,455.62 Julie Unmacht ...... 10 /12 10/14 Kuwait ...... 210.00 ...... 210.00 10/14 10/15 Afghanistan ...... 50.00 ...... 50.00 10/15 10/16 Kuwait ...... 105.00 ...... 105.00 Commercial transportation ...... 8,022.24 ...... 8,022.24 Roger Zakheim ...... 10/12 10/14 Kuwait ...... 210.00 ...... 210.00 10/14 10/15 Afghanistan ...... 50.00 ...... 50.00 10/15 10/16 Kuwait ...... 105.00 ...... 105.00 Commercial transportation ...... 8,339.84 ...... 8,339.84 Eryn Robinson ...... 10 /12 10 /14 Kuwait ...... 210.00 ...... 210.00 10/14 10/15 Afghanistan ...... 50.00 ...... 50.00 10/15 10/16 Kuwait ...... 105.00 ...... 105.00 Commercial transportation ...... 10,878.62 ...... 10,878.62 Vickie Plunkett ...... 10/12 10 /14 Kuwait ...... 15.33 ...... 15.33 10/14 10/15 Afghanistan ...... 10/15 10/16 Kuwait ...... 7.67 ...... 7.67 Commercial transportation ...... 10,455.62 ...... 10,455.62 Visit to Germay, Iraq, Kuwait, October 18–22, 2007: Hon. David Loebsack ...... 10/19 10/20 Kuwait ...... 105.00 ...... 105.00 10/20 10/21 Iraq ...... 10/21 10/22 Germany ...... 298.00 ...... 298.00 Hon. Tom Cole ...... 10/19 10/20 Kuwait ...... 105.00 ...... 105.00 10/20 10/21 Iraq ...... 10/21 10/22 Germany ...... 298.00 ...... 298.00 Robert DeGrasse ...... 10/19 10 /20 Kuwait ...... 105.00 ...... 105.00 10/20 10/21 Iraq ...... 10/21 10/22 Germany ...... 298.00 ...... 298.00 Kari Bingen ...... 10 /19 10/20 Kuwait ...... 105.00 ...... 105.00 10/20 10/21 Iraq ...... 10/21 10/22 Germany ...... 298.00 ...... 298.00 Visit to Iraq, Kuwait, Germany, November 2–6, 2007: Hon. Adam Smith ...... 11 /3 11 /3 Kuwait ...... 11/3 11/4 Iraq ...... 11/4 11/5 Germany ...... 348.00 ...... 348.00 Hon. Mac Thornberry ...... 11 /3 11 /3 Kuwait ...... 11/3 11/4 Iraq ...... 11/4 11/5 Germany ...... 348.00 ...... 348.00 Hon. Gabrielle Giffords ...... 11/3 11/3 Kuwait ...... 11/3 11/4 Iraq ...... 11/4 11/5 Germany ...... 134.22 ...... 134.22 Hon. Bill Shuster ...... 11/3 11/3 Kuwait ...... 11/3 11/4 Iraq ...... 11/4 11/5 Germany ...... 348.00 ...... 348.00 William Natter ...... 11 /3 11 /3 Kuwait ...... 11/3 11/4 Iraq ...... 11/4 11/5 Germany ...... 348.00 ...... 348.00 Timothy McClees ...... 11 /3 11 /3 Kuwait ...... 11/3 11/4 Iraq ...... 11/4 11/5 Germany ...... 348.00 ...... 348.00 Alexander Kugajevsky ...... 11 /3 11 /3 Kuwait ...... 11/3 11/4 Iraq ...... 11/4 11/5 Germany ...... 348.00 ...... 348.00 Visit to Brazil, Argentina, Colombia, Panama, November 18–24, 2007: Hon. Loretta Sanchez ...... 11/18 11/20 Brazil ...... 502.00 ...... 502.00 11/20 11/21 Argentina ...... 352.52 ...... 352.52 11/21 11/23 Columbia ...... 198.00 ...... 198.00

VerDate Aug 31 2005 03:13 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4634 Sfmt 8634 E:\CR\FM\A14FE7.005 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H987 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2007—Continued

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

11/23 11/24 Panama ...... 254.00 ...... 254.00 Hon. Roscoe Bartlett ...... 11/18 11/20 Brazil ...... 502.00 ...... 502.00 11/20 11/21 Argentina ...... 352.52 ...... 352.52 11/21 11/23 Columbia ...... 198.00 ...... 198.00 11/23 11/24 Panama ...... 254.00 ...... 254.00 Debra Wada ...... 11/18 11/20 Brazil ...... 502.00 ...... 502.00 11/20 11/21 Argentina ...... 352.52 ...... 352.52 11/21 11/23 Columbia ...... 198.00 ...... 198.00 11/23 11/24 Panama ...... 254.00 ...... 254.00 Visit to Kuwait, Iraq, Bahrain, Afghanistan, Germany, November 18–26, 2007: Hon. Jim Marshall ...... 11/19 11/20 Kuwait ...... 105.00 ...... 105.00 11/20 11/21 Iraq ...... 11/21 11/22 Bahrain ...... 114.00 ...... 114.00 11/22 11/23 Persian Gulf-Carrier Embark ...... 11/23 11/24 Afghanistan ...... 11/24 11/25 Kuwait ...... 105.00 ...... 105.00 Commercial transportation ...... 11,987.19 ...... 11,987.19 Kevin Coughlin ...... 11 /19 11 /20 Kuwait ...... 105.00 ...... 105.00 11/20 11/21 Iraq ...... 11/21 11/22 Bahrain ...... 114.00 ...... 114.00 11/22 11/23 Persian Gulf-Carrier Embark ...... 11/23 11/24 Afghanistan ...... 11/24 11/25 Kuwait ...... 105.00 ...... 105.00 Commercial transportation ...... 10,930.19 ...... 10,930.19 Visit to Kenya, Ethopia, Chad, Belgium, Italy, November 24–December 2, 2007: Hon. Kentrick Meek ...... 11/24 11/26 Italy ...... 292.00 ...... 292.00 11/26 11/28 Chad ...... 230.00 ...... 230.00 11/28 11/30 Ethiopia ...... 610.00 ...... 610.00 11/30 12/1 Kenya ...... 268.00 ...... 268.00 12/1 12/2 Belgium ...... 167.00 ...... 167.00 Mark Lewis ...... 11 /24 11 /26 Italy ...... 292.00 ...... 292.00 11/26 11/28 Chad ...... 230.00 ...... 230.00 11/28 11/30 Ethiopia ...... 610.00 ...... 610.00 11/30 12/1 Kenya ...... 268.00 ...... 268.00 12/1 12/2 Belgium ...... 167.00 ...... 167.00 Stephanie Sanok ...... 11/24 11/26 Italy ...... 292.00 ...... 292.00 11/26 11/28 Chad ...... 230.00 ...... 230.00 11/28 11/30 Ethiopia ...... 610.00 ...... 610.00 11/30 12/1 Kenya ...... 268.00 ...... 268.00 12/1 12/2 Belgium ...... 167.00 ...... 167.00 Catherine Steadman ...... 11/24 11/26 Italy ...... 292.00 ...... 292.00 11/26 11/28 Chad ...... 230.00 ...... 230.00 11/28 11/30 Ethiopia ...... 610.00 ...... 610.00 11/30 12/1 Kenya ...... 268.00 ...... 268.00 12/1 12/2 Belgium ...... 167.00 ...... 167.00 Delegation Expenses ...... 11/28 11/29 Ethopia ...... 3,284.22 ...... 3,284.22 Visit to India, Afghanistan, Pakistan, Hungary, with CODEL Bennett November 25–December 4, 2007: Hon. Joe Wilson ...... 11 /27 11 /28 India ...... 536.00 ...... 536.00 11/28 11/29 Afghanistan ...... 75.00 ...... 75.00 11/29 11/20 Pakistan ...... 11/30 12/3 India ...... 1,608.00 ...... 1,608.00 Visit to Germany, France, Belgium, with STAFFDEL Creadon November 26–December 1, 2007: Frank Rose ...... 11 /27 11/28 Germany ...... 334.00 ...... 334.00 11/28 11/29 Brussels ...... 380.00 ...... 380.00 11/29 12/1 France ...... 962.00 ...... 962.00 Commercial transportation ...... 9,577.89 ...... 9,577.89 Visit to Mauritania, Burkina Faso, Burundi, Ethiopia, United Arab Emirates, Pakistan, Afghanistan, Poland, the Czech Republic, Ireland, with CODEL Inhofe November 26– December 3, 2007: Hon. Mike McIntyre ...... 11/27 11/27 Mauritania ...... 11/27 11/28 Ghana ...... 139.00 ...... 139.00 11/28 11/28 Burkina Faso ...... 11/28 11/29 Burundi ...... 131.00 ...... 131.00 11/29 11/30 Ethopia ...... 140.00 ...... 140.00 11/30 12/2 United Arab Emirates ...... 386.00 ...... 386.00 12/1 12/1 Afghanistan ...... 12/2 12/2 Poland ...... 12/2 12/3 Czech Republic ...... 147.00 ...... 147.00 Hon. Dan Boren ...... 11/27 11/27 Mauritania ...... 11/27 11/28 Ghana ...... 139.00 ...... 139.00 11/28 11/28 Burkina Faso ...... 11/28 11/29 Burundi ...... 131.00 ...... 131.00 11/29 11/30 Ethopia ...... 140.00 ...... 140.00 11/30 12/2 United Arab Emirates ...... 386.00 ...... 386.00 12/1 12/1 Afghanistan ...... 12/2 12/2 Poland ...... 12/2 12/3 Czech Republic ...... 147.00 ...... 147.00 Visit to Germany, France, Belgium, England, November 27–December 2, 2007: Hon. Neil Abercrombie ...... 11/27 11 /28 Belgium ...... 217.00 ...... 217.00 11/28 11/30 France ...... 356.00 ...... 356.00 11/30 12/2 Germany ...... 418.00 ...... 418.00 Hon. Susan Davis ...... 11/27 11 /28 Belgium ...... 217.00 ...... 217.00 11/28 11/30 France ...... 356.00 ...... 356.00 11/30 12/2 Germany ...... 418.00 ...... 418.00 Doulas Roach ...... 11 /27 11/28 Belgium ...... 217.00 ...... 217.00 11/28 11/30 France ...... 356.00 ...... 356.00 11/30 12/2 Germany ...... 418.00 ...... 418.00 Aileen Alexander ...... 11 /27 11 /28 Belgium ...... 217.00 ...... 217.00 11/28 11/30 France ...... 356.00 ...... 356.00 11/30 12/2 Germany ...... 418.00 ...... 418.00 Visit to Greece, Cyprus, France, with CODEL Sires November 27–December 1, 2007: Hon. Phil Gingrey ...... 11/27 11/29 Greece ...... 198.00 ...... 198.00 11/29 12/1 Cyprus ...... 788.00 ...... 788.00 12/1 12/2 France ...... 228.00 ...... 228.00 Visit to Kuwait, Iraq, Ireland, Germany, Decem- ber 14–16, 2007: Hon. Gene Taylor ...... 12 /15 12/15 Kuwait ......

VerDate Aug 31 2005 03:13 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4634 Sfmt 8634 E:\CR\FM\A14FE7.005 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H988 CONGRESSIONAL RECORD — HOUSE February 14, 2008 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2007—Continued

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

12/15 12/16 Iraq ...... 12/16 12/17 Ireland ...... 278.00 ...... 278.00 William Ebbs ...... 12 /15 12/15 Kuwait ...... 12/15 12/16 Iraq ...... 12/16 12/17 Ireland ...... 278.00 ...... 278.00 Joshua Holly ...... 12 /15 12/15 Kuwait ...... 12/15 12/16 Iraq ...... 12/16 12/17 Ireland ...... 278.00 ...... 278.00 Visit to Kuwait, Iraq, Turkey, December 24–30, 2007: Hon. Ike Skelton ...... 12/23 12/24 Kuwait ...... 150.00 ...... 150.00 12/24 12/25 Iraq ...... 12/25 12/27 Turkey ...... 360.00 ...... 360.00 Hon. Gene Taylor ...... 12 /23 12/24 Kuwait ...... Commercial transportation ...... 3,028.87 ...... 3,028.87 Hon. Nancy Boyda ...... 12 /23 12 /24 Kuwait ...... 155.00 ...... 155.00 12/24 12/25 Iraq ...... 12/25 12/27 Turkey ...... 360.00 ...... 360.00 Hon. Randy Forbes ...... 12 /23 12 /24 Kuwait ...... 155.00 ...... 155.00 12/24 12/25 Iraq ...... 12/25 12/27 Turkey ...... 360.00 ...... 360.00 Erin Conaton ...... 12/23 12 /24 Kuwait ...... 155.00 ...... 155.00 12/24 12/25 Iraq ...... 12/25 12/27 Turkey ...... 360.00 ...... 360.00 Stephanie Sanok ...... 12/23 12/24 Kuwait ...... 155.00 ...... 155.00 12/24 12/25 Iraq ...... 12/25 12/27 Turkey ...... 360.00 ...... 360.00 Kyle Wilkens ...... 12 /23 12/24 Kuwait ...... 155.00 ...... 155.00 12/24 12/25 Iraq ...... 12/25 12/27 Turkey ...... 360.00 ...... 360.00

Committee total ...... 36,401.78 ...... 129.279.58 ...... 3,284.22 ...... 168,965.58 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. IKE SKELTON, Chairman, Jan. 31, 2008.

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

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

Mark Hadley ...... 11 /10 11/19 Kenya ...... 1,260.00 ...... 9,845.37 ...... 11,105.37 Barbara Chow ...... 11 /26 11/19 Haiti ...... 705.00 ...... 1,736.20 ...... 2,441.20

Committee total ...... 1,965.00 ...... 11,581.57 ...... 13,546.57 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. JOHN M. SPRATT, JR., Chairman, Jan. 30, 2008.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON EDUCATION AND LABOR, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2007

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

Hon. John R. Kuhl, Jr., CODEL led by Hon. Eliot 11/26 11/28 Rio de Janeiro ...... 1,237.40 ...... (3) ...... 4 691.60 ...... 1,929.00 Engel to Brazil from November 25–December 1, 2007. 11/28 11/29 Brasilia ...... 504.60 ...... (3) ...... 4 276.17 ...... 780.77 11/29 11/30 Manaus ...... 419.00 ...... (3) ...... 4 209.06 ...... 628.06 11/30 12/1 Salvador ...... 467.14 ...... (3) ...... 4 223.96 ...... 691.10 Hon. Carolyn McCarthy, CODEL led by Hon. Neil 11/27 11/28 Belgium ...... 217.00 ...... (3) ...... 217.00 Abercrombie to Belgium, France, and Germany from November 27–December 2, 2007. 11/28 11/30 France ...... 356.00 ...... (3) ...... 356.00 11/30 12/2 Germany ...... 418.00 ...... (3) ...... 418.00 Committee total ...... 3,619.14 ...... 1,400.79 ...... 5,019.93 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. 4 Hotel expense. GEORGE MILLER, Chairman, Jan. 31, 2008.

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

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

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 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. ROBERT A. BRADY, Chairman, Jan. 22, 2008.

VerDate Aug 31 2005 03:13 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4634 Sfmt 8634 E:\CR\FM\A14FE7.005 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H989 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2007

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2 Hon. Steve Cohen ...... 10/5 10/7 Qatar ...... 458.00 ...... 10/7 10/8 Jordan ...... 279.00 ...... 10/8 10/9 Germany ...... 223.00 ...... 960.00 Hon. Ric Keller ...... 10/19 10/20 Kuwait ...... 105.00 ...... 10/20 10/21 Iraq ...... 10/21 10/22 Germany ...... 298.00 ...... 403.00 Hon. Louis Gohmert ...... 11/24 11/26 Turkey ...... 702.00 ...... 11/27 11/29 Iraq ...... 542.00 ...... 11/29 11/30 Jordan ...... 274.00 ...... 11/30 12/2 Czech Republic ...... 306.00 ...... 12/2 12/4 Austria ...... 778.00 ...... 10,542.43 ...... 13,144.43 Ur Jaddou ...... 11 /24 12/2 Jordan & Syria ...... 835.00 ...... 7,407.36 ...... 8,242.36 David Shahoulian ...... 11 /24 12 /2 Jordan & Syria ...... 835.00 ...... 7,407.36 ...... 8,242.36 Hon. Bob Goodlatte ...... 11/27 12 /1 England ...... 1,086.00 ...... 1,424.00 ...... 2,510.00 Committee total ...... 6,721.00 ...... 26,781.15 ...... 33,502.15 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. JOHN CONYERS, JR., Chairman, Jan. 31, 2008. REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2007

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2 Hon. Christopher Shays ...... 11/26 11 /30 Turkey ...... 843.00 ...... 8,656.65 ...... 9,499.65 11/30 12/2 Jordan ...... 174.00 ...... 174.00 12/2 12/3 Iraq ...... (3) ...... 12/3 12/4 Kuwait ...... 105.00 ...... 105.00 R. Nicholas Palarino ...... 11 /26 11 /30 Turkey ...... 843.00 ...... 8,656.65 ...... 9,499.65 11/30 12/2 Jordan ...... 174.00 ...... 174.00 12/2 12/3 Iraq ...... (3) ...... 12/3 12/4 Kuwait ...... 105.00 ...... 105.00 Hon. Tom Davis ...... 11/24 11 /25 Germany ...... 348.00 ...... (3) ...... 348.00 11/25 11/27 Oman ...... 143.99 ...... 143.99 11/27 11/29 United Arab Emirates ...... 386.00 ...... 386.00 11/29 11/30 Bahrain ...... 164.00 ...... 164.00 11/30 12/1 Germany ...... 348.00 ...... 348.00 Hon. Darryl Issa ...... 11/26 11 /27 Czech Republic ...... 153.00 ...... (3) ...... 153.00 11/27 11/28 India ...... 536.00 ...... 536.00 11/28 11/29 Kabul ...... 75.00 ...... 75.00 11/29 11/30 Pakistan ...... 339.00 ...... 339.00 11/30 12/2 India ...... 1,513.00 ...... 1,513.00 12/2 12/3 India ...... 12/3 12/4 Hungary ...... 131.00 ...... 131.00 Frederick Hill ...... 11/26 11 /27 Czech Republic ...... 153.00 ...... (3) ...... 153.00 11/27 11/28 India ...... 536.00 ...... 536.00 11/28 11/29 Kabul ...... 75.00 ...... 75.00 11/29 11/30 Pakistan ...... 339.00 ...... 339.00 11/30 12/2 India ...... 1,513.00 ...... 1,513.00 12/2 12/3 India ...... 12/3 12/4 Hungary ...... 131.00 ...... 131.00 Kristina Moore Husar ...... 12 /9 12 /15 Indonesia ...... 910.00 ...... 9,069.70 ...... 9,979.70 Aimee Brooke Bennett ...... 12/9 12/15 Indonesia ...... 660.00 ...... 9,069.70 ...... 9,729.70 Jeffery Baran ...... 12/10 12 /14 Indonesia ...... 471.00 ...... 6,258.70 ...... 6,729.70 Erik Jones ...... 12/6 12/14 Indonesia ...... 410.00 ...... 7,785.70 ...... 8,195.70 Hon. Michael Turner ...... 12 /27 12 /28 Germany ...... 212.50 ...... (3) ...... 212.50 12/28 12/30 India ...... 270.00 ...... 270.00 12/30 1/1 Egypt ...... 266.00 ...... 266.00 1 /1 1 /4 Israel ...... 519.00 ...... 519.00 1 /4 1 /5 Germany ...... 212.50 ...... 212.50 Michael Heaton ...... 12/27 12/28 Germany ...... 212.50 ...... (3) ...... 212.50 12/28 12/30 India ...... 270.00 ...... 270.00 12/30 1/1 Egypt ...... 266.00 ...... 266.00 1 /1 1 /4 Israel ...... 519.00 ...... 519.00 1 /4 1 /5 Germany ...... 212.50 ...... 212.50 Committee total ...... 14,538.99 ...... 49,497.10 ...... 64,036.09 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. HENRY A. WAXMAN, Chairman, Jan. 30, 2008. REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SCIENCE AND TECHNOLOGY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2007

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

Jean Fruci ...... 11 /11 11 /19 Spain ...... 2,019.00 ...... 4 1,854.33 ...... 3,873.33 Dan Pearson ...... 11/12 11/18 Spain ...... 1,855.00 ...... 4 1,199.33 ...... 3,054.33 Tara Rothschild ...... 11/12 11 /17 Spain ...... 1,620.00 ...... 4 5,354.24 ...... 6,974.24 Hon. Laura Richardson ...... 11/23 11/24 Germany ...... 170.00 ...... 170.00 11/25 11/27 Oman ...... 386.00 ...... 4 5,760.19 ...... 6,146.19 11/27 11/29 United Arab Emirates ...... 4 348.00 ...... 348.00 Hon. Brian Baird ...... 11/30 12 /2 Jordan ...... 275.00 ...... (3) ...... 275.00 James Turner ...... 12/16 12/22 India ...... 970.00 ...... 4 8,358.98 ...... 9,328.98 Chris King ...... 12 /6 12 /16 Indonesia ...... 1,827.00 ...... 4 7,088.70 ...... 8,915.70 Bart Forsyth ...... 12 /6 12 /7 Singapore ...... 254.00 ...... 4 10,172.70 ...... 10,426.70 12/7 12/14 Indonesia ...... 1,274.00 ...... 1,274.00 Tara Rothschild ...... 12/8 12/15 Indonesia ...... 1,827.00 ...... 4 7,785.70 ...... 9,612.70 Committee total ...... 12,825.00 ...... 47,574.17 ...... 60,399.17 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. 4 Commercial airfare. BART GORDON, Chairman, Jan. 29, 2008.

VerDate Aug 31 2005 03:23 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4634 Sfmt 8634 E:\CR\FM\A14FE7.005 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H990 CONGRESSIONAL RECORD — HOUSE February 14, 2008 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2007

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

Hon. Michael Arcuri ...... 11/24 11 /28 Italy ...... 292.00 ...... 292.00 11/28 11/29 Ethiopia ...... 12.00 ...... (3) ...... 12.00

Committee total ...... 304.00 ...... 304.00

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. JIM OBERSTAR, Chairman, Jan. 31, 2008.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, PERMANENT SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2007

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

Hon. Leonard Boswell ...... 10 /4 10 /9 Europe ...... 1,082.00 ...... 3 1,082.00 Hon. Silvestre Reyes ...... 10 /8 10 /9 Mexico ...... 300.00 ...... Commercial airfare ...... 431.08 ...... 731.08 Michael Delaney ...... 10/8 10/9 Mexico ...... 300.00 ...... Commercial airfare ...... 873.58 ...... 1,173.58 Hon. Silvestre Reyes ...... 11 /28 12 /1 Latin America ...... 848.00 ...... Commercial airfare ...... 8,628.20 ...... 9,476.20 Michael Delaney ...... 11/28 12/1 Latin America ...... 848.00 ...... Commercial airfare ...... 9,863.20 ...... 10,711.20 Hon. Mike Thompson ...... 11/25 11 /28 Latin America ...... 1,640.12 ...... 11/28 12/1 Latin America ...... 1,125.00 ...... Commercial airfare ...... 8,167.20 ...... 10,932.32 Linda Cohen ...... 11/25 11/28 Latin America ...... 1,640.12 ...... 11/28 12/1 Latin America ...... 1,125.00 ...... Commercial airfare ...... 7,038.70 ...... 9,803.82 Diane La Voy ...... 11 /25 11 /28 Latin America ...... 1,640.12 ...... 11/28 12/1 Latin America ...... 1,125.00 ...... Commercial airfare ...... 7,213.70 ...... 9,978.82 Sarah Roland ...... 11 /25 11 /28 Latin America ...... 1,640.12 ...... 11/28 12/1 Latin America ...... 1,125.00 ...... Commercial airfare ...... 7,193.70 ...... 9,958.82 Hon. Peter Hoekstra ...... 11 /26 11/27 Europe ...... 387.00 ...... 11/28 12/1 Europe ...... 1,146.00 ...... Commercial airfare ...... 8,282.63 ...... 9,815.63 Jim Lewis ...... 11/26 11/27 Europe ...... 387.00 ...... 11/28 12/1 Europe ...... 1,146.00 ...... Commercial airfare ...... 6,645.63 ...... 8,178.63 Hon. Mike Rogers ...... 11 /27 11 /30 Middle East ...... 1,569.00 ...... Commercial airfare ...... 10,287.13 ...... 11,856.13 Kathleen Reilly ...... 11/27 11/30 Middle East ...... 1,569.00 ...... Commercial airfare ...... 11,364.61 ...... 12,933.61 Donald Vieira ...... 11/27 11/30 Middle East ...... 1,569.00 ...... Commercial airfare ...... 11,058.61 ...... 12,627.61 Wyndee Parker ...... 11/26 11/29 Europe ...... 402.00 ...... Commercial airfare ...... 11,395.38 ...... 11,797.38 Hon. Bud Cramer ...... 11 /27 12/28 Europe ...... 217.00 ...... 11/28 11/29 Europe ...... 356.00 ...... 11/30 12/2 Europe ...... 418.00 ...... 3 991.00 Hon. Silvestre Reyes ...... 11 /28 11 /30 Latin America ...... 1,640.12 ...... Commercial airfare ...... 8,662.20 ...... 10,302.32 Michael Delaney ...... 11/28 11/30 Latin America ...... 1,640.12 ...... Commercial airfare ...... 9,883.20 ...... 11,523.32 Jeremy Bash ...... 11 /28 11/30 Latin America ...... 1,640.12 ...... Commercial airfare ...... 3,879.20 ...... 5,519.32 Mark Young ...... 11 /25 11 /29 Europe ...... 1,736.00 ...... 11/30 12/1 Europe ...... 868.00 ...... 3 2,604.00 George Pappas ...... 11/25 11/29 Europe ...... 1,736.00 ...... 11/30 12/1 Europe ...... 868.00 ...... 3 2,604.00 Stacey Dixon ...... 11/26 11/28 Europe ...... 732.00 ...... 11/28 12/1 Europe ...... 1,704.00 ...... Commercial airfare ...... 9,224.37 ...... 11,660.37 Jody Houck ...... 11/26 11/28 Europe ...... 732.00 ...... 11/28 12/1 Europe ...... 1,704.00 ...... Commercial airfare ...... 9,877.37 ...... 12,313.37 Josh Kirshner ...... 11/25 11/27 Europe ...... 250.00 ...... 11/27 11/29 Europe ...... 1,107.00 ...... 11/29 12/1 Europe ...... 331.61 ...... Commercial airfare ...... 6,516.49 ...... 8,205.10 Mieke Eoyang ...... 11/25 11/27 Europe ...... 250.00 ...... 11/27 11/29 Europe ...... 1,107.00 ...... 11/29 12/1 Europe ...... 331.61 ...... Commercial airfare ...... 6,516.49 ...... 8,205.10 Fred Fleitz ...... 11/25 11 /27 Europe ...... 250.00 ...... 11/27 11/29 Europe ...... 1,107.00 ...... 11/29 12/1 Europe ...... 331.61 ...... Commercial airfare ...... 6,516.49 ...... 8,205.10

Committee total ...... 43,670.67 ...... 169,519.16 ...... 213,189.83 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. SILVESTRE REYES, Chairman, Jan. 30, 2008.

VerDate Aug 31 2005 03:23 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4634 Sfmt 8634 E:\CR\FM\A14FE7.005 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H991 RULES AND REPORTS SUBMITTED Office’s annual report for fiscal year 2007, in the Department’s final rule — Establishment PURSUANT TO THE CONGRES- accordance with Section 203(a) of the Notifi- of Class E Airspace; Muncy, PA. [Docket No. SIONAL REVIEW ACT cation and Federal Employee Antidiscrimi- FAA-2007-0023; Airspace Docket No. 07-AEA- nation and Retaliation Act of 2002 (No FEAR 08] received February 5, 2008, pursuant to 5 Pursuant to 5 U.S.C. 801(d), executive Act), Public Law 107-174; to the Committee U.S.C. 801(a)(1)(A); to the Committee on communications [final rules] sub- on Oversight and Government Reform. Transportation and Infrastructure. mitted to the House pursuant to 5 5362. A letter from the Secretary of the 5373. A letter from the Program Analyst, U.S.C. 801(a)(1) during the period of Board of Governors, U.S. Postal Service, Department of Transportation, transmitting July 27, 2007, through January 3, 2008, transmitting the Service’s Report, as re- the Department’s final rule — Establishment of Class E Airspace; Hailey, ID [Docket FAA shall be treated as though received on quired by Section 3686(c) of the Postal Ac- countability and Enhancement Act of 2006; No. FAA-2007-27911; Airspace Docket No. 07- February 14, 2008. Original dates of to the Committee on Oversight and Govern- ANM-8] received February 5, 2008, pursuant transmittal, numberings, and referrals ment Reform. to 5 U.S.C. 801(a)(1)(A); to the Committee on to committee of those executive com- 5363. A letter from the Principal Deputy Transportation and Infrastructure. munications remain as indicated in the Assistant Attorney General, Department of 5374. A letter from the Program Analyst, Executive Communication section of Justice, transmitting the Department’s re- Department of Transportation, transmitting the Department’s final rule — Amendment of the relevant CONGRESSIONAL RECORD. port detailing the progress and the status of compliance with privatization requirements, Class E Airspace; Williamsport, PA. [Docket f pursuant to Public Law 105-33, section No. FAA-2005-22491; Airspace Docket No. 05- EXECUTIVE COMMUNICATIONS, 11201(c) (111 Stat. 734); to the Committee on AEA-019] received February 5, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on ETC. the Judiciary. 5364. A letter from the Assistant Secretary Transportation and Infrastructure. Under clause 8 of rule XII, executive for Legislative Affairs, Department of State, 5375. A letter from the Program Analyst, communications were taken from the transmitting a copy of Presidential Deter- Department of Transportation, transmitting Speaker’s table and referred as follows: mination No. 2008-9, Waiver of Section 1083 of the Department’s final rule — Amendment to Class E Airspace; Du Bois, PA [Docket No. 5352. A letter from the Senior Vice Presi- the National Defense Authorization Act for FAA-2005-22489; Airspace Docket No. 05-AEA- dent for Congressional Affairs, Export-Im- Fiscal Year 2008; to the Committee on the Judiciary. 017] received February 5, 2008, pursuant to 5 port Bank, transmitting the Bank’s FY 2007 U.S.C. 801(a)(1)(A); to the Committee on annual report for the Sub-Saharan Africa 5365. A letter from the Assistant Secretary for Legislative Affairs, Department of State, Transportation and Infrastructure. Initiative; to the Committee on Financial 5376. A letter from the Program Analyst, Services. transmitting the Department’s final rule — Visas: Documentation of Nonimmigrants Department of Transportation, transmitting 5353. A letter from the President and the Department’s final rule — Amendment of Under the Immigration and Nationality Act Chairman, Export-Import Bank of the United Class E Airspace; Aguadilla, PR [Docket No. — January 25, 2007, pursuant to 5 U.S.C. States, transmitting the annual report to FAA-2007-29086; Airspace Docket No. 07-ASO- 801(a)(1)(A); to the Committee on the Judici- Congress on the operations of the Export-Im- 22] received February 5, 2008, pursuant to 5 ary. port Bank of the United States for Fiscal U.S.C. 801(a)(1)(A); to the Committee on Year 2007, pursuant to 12 U.S.C. 635g; to the 5366. A letter from the Program Analyst, Department of Transportation, transmitting Transportation and Infrastructure. Committee on Financial Services. 5377. A letter from the Program Analyst, the Department’s final rule — Amendment of 5354. A letter from the Acting Director, Of- Department of Transportation, transmitting Class E Airspace; Pottsville, PA. [Docket No. fice of Management, Federal Housing Fi- the Department’s final rule — Standard In- nance Board, transmitting the Board’s infor- FAA-2005-22490; Airspace Docket No. 05-AEA- strument Approach Procedures, and Takeoff mation on its 2008 compensation program, 018] received February 5, 2008, pursuant to 5 Minimums and Obstacle Departure Proce- including current base salary structures, U.S.C. 801(a)(1)(A); to the Committee on dures; Miscellaneous Amendments [Docket pursuant to 12 U.S.C. 1833b; to the Com- Transportation and Infrastructure. No. 30585; Amdt. No. 3249] received February 5367. A letter from the Program Analyst, mittee on Financial Services. 5, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to 5355. A letter from the Chairperson, Na- Department of Transportation, transmitting the Committee on Transportation and Infra- tional Council of Disability, transmitting the Department’s final rule — Amendment of structure. the Council’s report entitled, ‘‘The No Child Class E Airspace; Philipsburg, PA. [Docket 5378. A letter from the Program Analyst, Left Behind Act and the Individuals with No. FAA-2005-22493; Airspace Docket No. 05- Department of Transportation, transmitting Disabilities Education Act: A Progress Re- AEA-021] received February 5, 2008, pursuant the Department’s final rule — Airworthiness port’’; to the Committee on Education and to 5 U.S.C. 801(a)(1)(A); to the Committee on Directives; Boeing Model 777 Airplanes Labor. Transportation and Infrastructure. [Docket No. FAA-2007-27619; Directorate 5356. A letter from the Administrator, En- 5368. A letter from the Program Analyst, Identifier 2005-NM-164-AD; Amendment 39- ergy Information Administration, Depart- Department of Transportation, transmitting 15257; AD 2007-23-11] (RIN: 2120-AA64) received ment of Energy, transmitting a copy of the the Department’s final rule — Modification February 5, 2008, pursuant to 5 U.S.C. Energy Information Administration’s ‘‘Pro- of Class E Airspace; Fort Scott, KS. [Docket 801(a)(1)(A); to the Committee on Transpor- files of Foreign Direct Investment in U.S. No. FAA-2007-28771; Airspace Docket No. 07- tation and Infrastructure. Energy 2006,’’ pursuant to Public Law 95-91, ACE-8] received February 5, 2008, pursuant to 5379. A letter from the Program Analyst, section 205(h); to the Committee on Energy 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting and Commerce. Transportation and Infrastructure. the Department’s final rule — Airworthiness 5357. A letter from the Director, Office of 5369. A letter from the Program Analyst, Directives; Boeing Model 767-200, -300, and Civilian Radioactive Waste Management, De- Department of Transportation, transmitting -300F Series Airplanes [Docket No. FAA-2007- partment of Energy, transmitting the 2006 the Department’s final rule — Modification 28376; Directorate Identifier 2007-NM-108-AD; Annual Report on the activities and expendi- of Class E Airspace; Lee’s Summit, MO. Amendment 39-15255; AD 2007-23-09] (RIN: tures of the Office of Civilian Radioactive [Docket No. FAA-2007-28776; Airspace Docket 2120-AA64) received February 5, 2008, pursu- Waste Management system, pursuant to 31 No. 07-ACE-10] received February 5, 2008, pur- ant to 5 U.S.C. 801(a)(1)(A); to the Committee U.S.C. 3512(c)(3); to the Committee on En- suant to 5 U.S.C. 801(a)(1)(A); to the Com- on Transportation and Infrastructure. ergy and Commerce. mittee on Transportation and Infrastruc- 5380. A letter from the Program Analyst, 5358. A letter from the Secretary, Depart- ture. Department of Transportation, transmitting ment of Commerce, transmitting the Depart- 5370. A letter from the Program Analyst, the Department’s final rule — Airworthiness ment’s Performance and Accountability Re- Department of Transportation, transmitting Directives; Cessna Model 560 Airplanes port for Fiscal Year 2007; to the Committee the Department’s final rule — Amendment of [Docket No. FAA-2007-0190; Directorate Iden- on Oversight and Government Reform. Class E Airspace; St. Marys, PA. [Docket No. tifier 2007-NM-234-AD; Amendment 39-15259; 5359. A letter from the Secretary, Depart- FAA-2005-22492; Airspace Docket No. 05-AEA- AD 2007-23-13] (RIN: 2120-AA64) received Feb- ment of Energy, transmitting the Depart- 020] received February 5, 2008, pursuant to 5 ruary 5, 2008, pursuant to 5 U.S.C. ment’s Fiscal Year 2007 Agency Financial U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- Report; to the Committee on Oversight and Transportation and Infrastructure. tation and Infrastructure. Government Reform. 5371. A letter from the Program Analyst, 5381. A letter from the Program Analyst, 5360. A letter from the Assistant Secretary Department of Transportation, transmitting Department of Transportation, transmitting for Legislative Affairs, Department of State, the Department’s final rule — Establishment the Department’s final rule — Airworthiness transmitting the Department’s Annual Re- of Class E Airspace; Tappahannock, VA. Directives; Boeing Model 747-400, 747-400D, port for 2007 on the Implementation of the [Docket No. FAA-2007-29264; Airspace Docket and 747-400F Series Airplanes; Model 757-200 Federal Financial Assistance Management No. 07-AEA-04] received February 5, 2008, Series Airplanes; and Model 767-200, 767-300, Improvement Act of 1999, pursuant to Public pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and 767-300F Series Airplanes [Docket No. Law 106-107, section 5(d); to the Committee mittee on Transportation and Infrastruc- FAA-2007-28380; Directorate Identifier 2007- on Oversight and Government Reform. ture. NM-088-AD; Amendment 39-15254; AD 2007-23- 5361. A letter from the Director, Office of 5372. A letter from the Program Analyst, 08] (RIN: 2120-AA64) received February 5, Management and Budget, transmitting the Department of Transportation, transmitting 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the

VerDate Aug 31 2005 03:13 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.043 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H992 CONGRESSIONAL RECORD — HOUSE February 14, 2008 Committee on Transportation and Infra- received February 5, 2008, pursuant to 5 2120-AA64) received February 5, 2008, pursu- structure. U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee 5382. A letter from the Program Analyst, Transportation and Infrastructure. on Transportation and Infrastructure. Department of Transportation, transmitting 5390. A letter from the Program Analyst, 5399. A letter from the Program Analyst, the Department’s final rule — Airworthiness Department of Transportation, transmitting Department of Transportation, transmitting Directives; Boeing Model 707 Airplanes and the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness Model 720 and 720B Series Airplanes [Docket Directives; Boeing Model 757-200, -200PF, and Directives; Bell Helicopter Textron Canada No. FAA-2007-28828; Directorate Identifier -200CB Series Airplanes [Docket No. FAA- Model 206A and 206B Series Helicopters 2007-NM-010-AD; Amendment 39-15258; AD 2007-27560; Directorate Identifier 2006-NM-211- [Docket No. FAA-2007-0055; Directorate Iden- 2007-23-12] (RIN: 2120-AA64) received Feb- AD; Amendment 39-15198; AD 2007-19-07] (RIN: tifier 2007-SW-12-AD; Amendment 39-15237; ruary 5, 2008, pursuant to 5 U.S.C. 2120-AA64) received February 5, 2008, pursu- AD 2007-22-01] (RIN: 2120-AA64) received Feb- 801(a)(1)(A); to the Committee on Transpor- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ruary 5, 2008, pursuant to 5 U.S.C. tation and Infrastructure. on Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- 5383. A letter from the Program Analyst, 5391. A letter from the Program Analyst, tation and Infrastructure. Department of Transportation, transmitting Department of Transportation, transmitting the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness f Directives; Airbus Model A330 Airplanes Directives; Airbus Model A300-600 Series Air- REPORTS OF COMMITTEES ON [Docket No. FAA-2007-0073; Directorate Iden- planes [Docket No. FAA-2007-28853; Direc- PUBLIC BILLS AND RESOLUTIONS tifier 2007-NM-229-AD; Amendment 39-15240; torate Identifier 2006-NM-218-AD; Amend- AD 2007-22-04] (RIN: 2120-AA64) received Feb- ment 39-15241; AD 2007-22-05] (RIN: 2120-AA64) Under clause 2 of rule XIII, reports of ruary 5, 2008, pursuant to 5 U.S.C. received February 5, 2008, pursuant to 5 committees were delivered to the Clerk 801(a)(1)(A); to the Committee on Transpor- U.S.C. 801(a)(1)(A); to the Committee on for printing and reference to the proper tation and Infrastructure. Transportation and Infrastructure. calendar, as follows: 5384. A letter from the Program Analyst, 5392. A letter from the Program Analyst, Mr. BRADY of Pennsylvania: H. Res. 989. Department of Transportation, transmitting Department of Transportation, transmitting Resolution dismissing the election contest the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness relating to the office of Representative from Directives; EADS SOCATA Model TBM 700 Directives; Fokker Model F.28 Mark 0070 and the thirteenth Congressional District of Airplanes [Docket No. FAA-2007-0158; Direc- 0100 Airplanes [Docket No. FAA-2007-28923; Florida (Rept. 110–528). Referred to the House torate Identifier 2007-CE-081-AD; Amendment Directorate Identifier 2007-NM-133-AD; Calendar. 39-15253; AD 2007-23-07] (RIN: 2120-AA64) re- Amendment 39-15242; AD 2007-22-06] (RIN: ceived February 5, 2008, pursuant to 5 U.S.C. 2120-AA64) received February 5, 2008, pursu- f 801(a)(1)(A); to the Committee on Transpor- ant to 5 U.S.C. 801(a)(1)(A); to the Committee PUBLIC BILLS AND RESOLUTIONS tation and Infrastructure. on Transportation and Infrastructure. 5385. A letter from the Program Analyst, 5393. A letter from the Program Analyst, Under clause 2 of rule XII, public Department of Transportation, transmitting Department of Transportation, transmitting bills and resolutions were introduced the Department’s final rule — Airworthiness the Department’s final rule — Hazardous Ma- and severally referred, as follows: Directives; CTRM Aviation Sdn. Bhd. (For- terials; Miscellaneous Amendments [Docket merly Eagle Aircraft (Malaysia) Sdn. Bhd.) No. PHMSA-05-21812 (HM-218D)] (RIN: 2137- By Mr. ROSS (for himself and Mr. Model Eagle 150B Airplanes [Docket No. AE10) received February 5, 2008, pursuant to NUNES): FAA-2007-28957 Directorate Identifier 2007- 5 U.S.C. 801(a)(1)(A); to the Committee on H.R. 5437. A bill to promote alternative and CE-069-AD; Amendment 39-15252; AD 2007-23- Transportation and Infrastructure. renewable fuels, domestic energy production, 06] (RIN: 2120-AA64) received February 5, 5394. A letter from the Program Analyst, conservation, and efficiency, to increase 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of Transportation, transmitting American energy independence, and for other Committee on Transportation and Infra- the Department’s final rule — Standard In- purposes; to the Committee on Energy and structure. strument Approach Procedures, and Takeoff Commerce, and in addition to the Commit- 5386. A letter from the Program Analyst, Minimums and Obstacle Departure Proce- tees on Science and Technology, Oversight Department of Transportation, transmitting dures; Miscellaneous Amendments [Docket and Government Reform, Armed Services, the Department’s final rule — Airworthiness No. 30576 ; Amdt. No. 3241] received February Agriculture, Natural Resources, and Ways Directives; Goodrich Evacuation Systems 5, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to and Means, for a period to be subsequently Approved Under Technical Standard Order the Committee on Transportation and Infra- determined by the Speaker, in each case for (TSO) TSO-C69b and Installed on Airbus structure. consideration of such provisions as fall with- Model A330-200 and -300 Series Airplanes, 5395. A letter from the Program Analyst, in the jurisdiction of the committee con- Model A340-200 and -300 Series Airplanes, and Department of Transportation, transmitting cerned. Model A340-541 and -642 Airplanes [Docket the Department’s final rule — Standard In- By Mr. FALEOMAVAEGA: No. FAA-2007-28882; Directorate Identifier strument Approach Procedures, and Takeoff H.R. 5438. A bill to name the Department of 2007-NM-035-AD; Amendment 39-15247; AD Minimums and Obstacle Departure Proce- Veterans Affairs medical facility in Tafuna, 2007-23-01] (RIN: 2120-AA64) received Feb- dures; Miscellaneous Amendments [Docket American Samoa, as the ‘‘Fuga Tolani ruary 5, 2008, pursuant to 5 U.S.C. No. 30578 ; Amdt. No. 3243] received February Teleso Satele Department of Veterans Af- 801(a)(1)(A); to the Committee on Transpor- 5, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to fairs Medical Facility’’; to the Committee on tation and Infrastructure. the Committee on Transportation and Infra- Veterans’ Affairs. 5387. A letter from the Program Analyst, structure. By Mr. THORNBERRY: Department of Transportation, transmitting 5396. A letter from the Program Analyst, H.R. 5439. A bill to establish the Civil Serv- the Department’s final rule — Airworthiness Department of Transportation, transmitting ice Reform Commission; to the Committee Directives; Airbus Model A330-200, A330-300, the Department’s final rule — Standard In- on Oversight and Government Reform, and A340-200, A340-300, A340-500, and A340-600 Se- strument Approach Procedures; Miscella- in addition to the Committee on Rules, for a ries Airplanes [Docket No. FAA-2007-0076; Di- neous Amendments [Docket No. 30579; Amdt. period to be subsequently determined by the rectorate Identifier 2007-NM-241-AD; Amend- No. 3244] received February 5, 2008, pursuant Speaker, in each case for consideration of ment 39-15246; AD 2007-22-10] (RIN: 2120-AA64) to 5 U.S.C. 801(a)(1)(A); to the Committee on such provisions as fall within the jurisdic- received February 5, 2008, pursuant to 5 Transportation and Infrastructure. tion of the committee concerned. U.S.C. 801(a)(1)(A); to the Committee on 5397. A letter from the Program Analyst, By Mr. FOSSELLA (for himself, Mr. Transportation and Infrastructure. Department of Transportation, transmitting KING of New York, Mr. HOEKSTRA, 5388. A letter from the Program Analyst, the Department’s final rule — Airworthiness and Mr. SMITH of Texas): Department of Transportation, transmitting Directives; Rolls-Royce plc (RR) RB211 Trent H.R. 5440. A bill to amend the Foreign In- the Department’s final rule — Airworthiness 768-60, 772-60, 772B-60, and 772C-60 Turbofan telligence Surveillance Act of 1978 to estab- Directives; Airbus Model A330 Airplanes Engines [Docket No. FAA-2007-28976; Direc- lish a procedure for authorizing certain ac- [Docket No. FAA-2007-0073; Directorate Iden- torate Identifier 2007-NE-28-AD; Amendment quisitions of foreign intelligence, and for tifier 2007-NM-229-AD; Amendment 39-15240; 39-15244; AD 2007-22-08] (RIN: 2120-AA64) re- other purposes; to the Committee on the Ju- AD 2007-22-04] (RIN: 2120-AA64) received Feb- ceived February 5, 2008, pursuant to 5 U.S.C. diciary, and in addition to the Committee on ruary 5, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- Intelligence (Permanent Select), for a period 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. to be subsequently determined by the Speak- tation and Infrastructure. 5398. A letter from the Program Analyst, er, in each case for consideration of such pro- 5389. A letter from the Program Analyst, Department of Transportation, transmitting visions as fall within the jurisdiction of the Department of Transportation, transmitting the Department’s final rule — Airworthiness committee concerned. the Department’s final rule — Airworthiness Directives; Bell Helicopter Textron, Inc. By Mr. JONES of North Carolina (for Directives; Airbus Model A300 Series Air- Model 205A, 205A-1, 205B, 212, 412, 412CF, and himself, Mr. KLINE of Minnesota, Ms. planes [Docket No. FAA-2007-27927; Direc- 412EP Helicopters [Docket No. FAA-2007- LORETTA SANCHEZ of California, Mrs. torate Identifier 2006-NM-182-AD; Amend- 27496; Directorate Identifier 2005-SW-37-AD; BOYDA of Kansas, Ms. SHEA-PORTER, ment 39-15239; AD 2007-22-03] (RIN: 2120-AA64) Amendment 39-15238; AD 2007-22-02] (RIN: and Mr. WILSON of South Carolina):

VerDate Aug 31 2005 02:31 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\L14FE7.000 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H993

H.R. 5441. A bill to amend title 10, United By Mr. SMITH of New Jersey (for him- Mr. DELAHUNT, Mr. FALEOMAVAEGA, States Code, to extend the special survivor self, Mr. DOYLE, Ms. ROS-LEHTINEN, Ms. MATSUI, and Mr. HINCHEY): indemnity allowance to survivors of certain Mr. LANGEVIN, Mr. PENCE, Mr. WOLF, H.R. 5453. A bill to amend the Coastal Zone members of the Armed Forces who die on ac- and Mr. WELDON of Florida): Management Act of 1972 to authorize assist- tive duty; to the Committee on Armed Serv- H.R. 5446. A bill to establish a health and ance to coastal states to develop coastal cli- ices. education grant program related to autism mate change adaptation plans pursuant to By Mr. MARKEY (for himself, Mr. spectrum disorders, and for other purposes; approved management programs approved EMANUEL, and Mrs. CAPPS): to the Committee on Foreign Affairs. under section 306, to minimize contributions H.R. 5442. A bill to provide individuals with By Mr. TOWNS (for himself, Mr. to climate change, and for other purposes; to access to health information of which they SHAYS, Mrs. DAVIS of California, Mr. the Committee on Natural Resources. are a subject, to ensure personal privacy, se- RODRIGUEZ, Ms. LEE, Mr. GUTIERREZ, By Mr. BROWN of South Carolina (for curity, and confidentiality with respect to and Mrs. JONES of Ohio): himself and Mr. PRICE of North Caro- health related information in promoting the H.R. 5447. A bill to establish the Social lina): development of a nationwide interoperable Work Reinvestment Commission to provide H.R. 5454. A bill to amend title 38, United health information infrastructure, to impose independent counsel to Congress on policy States Code, to establish a presumption of criminal and civil penalties for unauthorized issues associated with the recruitment, re- service connection of amyotrophic lateral use of personal health information, to pro- tention, research, and reinvestment in the sclerosis for purposes of the laws adminis- vide for the strong enforcement of these profession of social work; to the Committee tered by the Secretary of Veterans Affairs; rights, to protect States’ rights, and for on Education and Labor. to the Committee on Veterans’ Affairs. other purposes; to the Committee on Energy By Mr. ALLEN (for himself and Mr. By Mr. BURTON of Indiana: and Commerce, and in addition to the Com- MICHAUD): H.R. 5455. A bill to amend title 11 of the mittees on Ways and Means, Education and H.R. 5448. A bill to amend title 38, United United States Code to make nondischarge- Labor, and Financial Services, for a period States Code, to improve the disability com- able debts for personal injuries that result in to be subsequently determined by the Speak- pensation evaluation procedure of the Sec- permanent disability; to the Committee on er, in each case for consideration of such pro- retary of Veterans Affairs for veterans with the Judiciary. visions as fall within the jurisdiction of the post-traumatic stress disorder, to improve By Mr. CLEAVER: committee concerned. the diagnosis and treatment of post-trau- H.R. 5456. A bill to suspend temporarily the By Mr. ROYCE (for himself and Mrs. matic stress disorder by the Secretary of duty on Tembotrione; to the Committee on TAUSCHER): Veterans Affairs, and for other purposes; to Ways and Means. H.R. 5443. A bill to improve defense co- the Committee on Veterans’ Affairs. By Mr. CLEAVER: operation between the Republic of Korea and By Mr. KAGEN (for himself, Mr. H.R. 5457. A bill to extend the temporary the United States; to the Committee on For- BRALEY of Iowa, Mr. PERLMUTTER, suspension of duty on Deltamethrin; to the eign Affairs. Mr. COHEN, Mr. MCNERNEY, Ms. CAS- Committee on Ways and Means. By Mr. CLYBURN (for himself, Mr. TOR, Mr. WALZ of Minnesota, Mr. By Mr. CLEAVER: HONDA, Mr. FALEOMAVAEGA, Ms. JOHNSON of Georgia, Mr. GRIJALVA, H.R. 5458. A bill to suspend temporarily the BORDALLO, Ms. HIRONO, Ms. MATSUI, Ms. HIRONO, Mrs. NAPOLITANO, Ms. duty on Hydrazine monohydrate; to the Mr. WU, Mr. ABERCROMBIE, Mr. BACA, SUTTON, Ms. CLARKE, Mr. CONYERS, Committee on Ways and Means. Mr. BECERRA, Mr. CARDOZA, Mr. and Mr. ELLISON): By Mr. CLEAVER: COSTA, Mr. GONZALEZ, Mr. GUTIER- H.R. 5449. A bill to amend the Employee H.R. 5459. A bill to extend the temporary REZ, Mr. HINOJOSA, Mrs. NAPOLITANO, Retirement Income Security Act of 1974, suspension of duty on Triadimefon; to the Mr. ORTIZ, Mr. PASTOR, Mr. Public Health Service Act, and the Internal Committee on Ways and Means. RODRIGUEZ, Ms. LINDA T. SA´ NCHEZ of Revenue Code of 1986 to prohibit discrimina- By Ms. ESHOO (for herself and Mr. California, Ms. LORETTA SANCHEZ of tion in group health coverage and individual THOMPSON of California): California, Ms. ROYBAL-ALLARD, Mr. health insurance coverage; to the Committee H.R. 5460. A bill to amend the Detainee SALAZAR, Mr. SERRANO, Ms. on Energy and Commerce, and in addition to Treatment Act of 2005 and title 18, United VELA´ ZQUEZ, Mr. SIRES, Ms. KIL- the Committees on Education and Labor, States Code, to include waterboarding in the PATRICK, Ms. LEE, Mr. CLEAVER, Ms. and Ways and Means, for a period to be sub- definition of cruel, inhuman, or degrading JACKSON-LEE of Texas, Mr. DAVIS of sequently determined by the Speaker, in treatment or punishment and in the defini- Illinois, Mr. BISHOP of Georgia, Ms. each case for consideration of such provi- tion of torture, and for other purposes; to the CORRINE BROWN of Florida, Mr. sions as fall within the jurisdiction of the Committee on the Judiciary, and in addition BUTTERFIELD, Mr. CLAY, Mrs. committee concerned. to the Committees on Intelligence (Perma- CHRISTENSEN, Ms. CLARKE, Mr. CON- By Mr. SAM JOHNSON of Texas (for nent Select), and Armed Services, for a pe- YERS, Mr. CUMMINGS, Mr. DAVIS of himself, Mr. POMEROY, Mr. HERGER, riod to be subsequently determined by the Alabama, Mr. ELLISON, Mr. HASTINGS Mr. CAMP of Michigan, Mr. BRADY of Speaker, in each case for consideration of of Florida, Mr. AL GREEN of Texas, Texas, Mr. TIBERI, and Mr. CANTOR): such provisions as fall within the jurisdic- Mr. FATTAH, Mr. JACKSON of Illinois, H.R. 5450. A bill to amend the Internal Rev- tion of the committee concerned. Mr. JEFFERSON, Mr. THOMPSON of enue Code of 1986 to remove cell phones from By Mr. FATTAH (for himself, Mr. POR- Mississippi, Ms. WATERS, Ms. WAT- listed property under section 280F; to the TER, Ms. GINNY BROWN-WAITE of Flor- SON, Mr. WATT, Mr. WYNN, Mr. SCOTT Committee on Ways and Means. ida, Mr. CARDOZA, Mr. CUMMINGS, Mr. of Virginia, Mr. SCOTT of Georgia, By Ms. BORDALLO (for herself, Mr. PAYNE, Mr. HINOJOSA, Mr. COOPER, Mr. RUSH, Ms. RICHARDSON, Mr. RAN- KILDEE, Mr. SAXTON, Mr. DEFAZIO, Mr. STARK, Mr. FILNER, Mr. PLATTS, GEL, Mr. PAYNE, Ms. NORTON, Ms. Mr. FALEOMAVAEGA, Mr. ABER- Ms. LORETTA SANCHEZ of California, MOORE of Wisconsin, Mr. MEEKS of CROMBIE, Mr. GILCHREST, Mr. FARR, Mr. RAMSTAD, Mr. ELLISON, Mr. New York, Mr. MEEK of Florida, Mr. Mrs. CAPPS, Mrs. CHRISTENSEN, Mr. DAVIS of Illinois, Mr. ENGLISH of LEWIS of Georgia, Mrs. JONES of Ohio, ALLEN, Mr. FORTUN˜ O, Mr. BROWN of Pennsylvania, Ms. WASSERMAN Mr. JOHNSON of Georgia, and Ms. South Carolina, Mr. PALLONE, and SCHULTZ, Mr. LEWIS of Georgia, Ms. EDDIE BERNICE JOHNSON of Texas): Ms. ROS-LEHTINEN): WOOLSEY, Ms. BORDALLO, Mrs. H.R. 5444. A bill making supplemental ap- H.R. 5451. A bill to reauthorize the Coastal MALONEY of New York, Mr. propriations for fiscal year 2008 for summer Zone Management Act of 1972, and for other MCDERMOTT, Mr. LAMPSON, Mr. youth employment activities; to the Com- purposes; to the Committee on Natural Re- TERRY, Mr. SESTAK, Mr. KENNEDY, mittee on Appropriations, and in addition to sources. Mr. GRIJALVA, Mr. OBERSTAR, Mr. the Committee on the Budget, for a period to By Mrs. CAPPS (for herself, Mr. YOUNG of Alaska, Mr. JEFFERSON, Ms. be subsequently determined by the Speaker, DELAHUNT, Ms. BORDALLO, Mr. INS- NORTON, Ms. KILPATRICK, and Ms. in each case for consideration of such provi- LEE, Mr. FARR, Mr. HINCHEY, Mr. SCHAKOWSKY): sions as fall within the jurisdiction of the FALEOMAVAEGA, and Ms. MATSUI): H.R. 5461. A bill to require the President to committee concerned. H.R. 5452. A bill to amend the Coastal Zone call a White House Conference on Children By Mr. PRICE of Georgia (for himself Management Act of 1972 to authorize grants and Youth in 2010; to the Committee on Edu- and Mr. SCOTT of Georgia): to coastal States to support State efforts to cation and Labor. H.R. 5445. A bill to amend part B of title initiate and complete surveys of coastal By Mr. GOHMERT (for himself, Mr. XVIII of the Social Security Act to increase State waters and Federal waters adjacent to KLINE of Minnesota, Mr. CAMPBELL of Medicare payments for physicians’ services a State’s coastal zone to identify potential California, Mr. BRADY of Texas, Mr. through December 31, 2009; to the Committee areas suitable or unsuitable for the explo- KING of Iowa, Mr. SALI, Mr. LAMBORN, on Energy and Commerce, and in addition to ration, development, and production of re- Mr. CONAWAY, Mr. SHADEGG, Mr. the Committee on Ways and Means, for a pe- newable energy, and for other purposes; to CHABOT, Mr. PRICE of Georgia, Mr. riod to be subsequently determined by the the Committee on Natural Resources. DAVID DAVIS of Tennessee, Mr. GAR- Speaker, in each case for consideration of By Mrs. CAPPS (for herself, Ms. RETT of New Jersey, Mr. FRANKS of such provisions as fall within the jurisdic- BORDALLO, Mr. SAXTON, Mr. MARKEY, Arizona, Mrs. MYRICK, Mr. SAM JOHN- tion of the committee concerned. Mr. PALLONE, Mr. INSLEE, Mr. FARR, SON of Texas, Mr. MANZULLO, Mr.

VerDate Aug 31 2005 02:31 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\L14FE7.100 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H994 CONGRESSIONAL RECORD — HOUSE February 14, 2008

GOODE, Mr. PITTS, Mr. WAMP, Mr. By Ms. SLAUGHTER (for herself, Ms. Mr. FORBES, Mr. FRANKS of Arizona, FEENEY, Mr. WALBERG, Mr. GINGREY, SCHWARTZ, Mr. COHEN, Mr. SHAYS, Mr. GARRETT of New Jersey, Mr. Mr. MARCHANT, Mr. HERGER, Mrs. Mr. MCHUGH, Mr. BRALEY of Iowa, GINGREY, Mr. GOHMERT, Mr. HALL of BACHMANN, Mrs. BLACKBURN, Mr. Mr. BLUMENAUER, Mr. THOMPSON of Texas, Mr. HAYES, Mr. HENSARLING, AKIN, Mr. BROUN of Georgia, Mr. California, Mr. KING of New York, Mr. HUNTER, Mr. ISSA, Mr. KLINE of BILBRAY, Mr. BROWN of South Caro- Mrs. MCCARTHY of New York, Mr. Minnesota, Mr. LAMBORN, Mr. lina, Mr. ISSA, Mr. NEUGEBAUER, Mr. CUELLAR, Mr. SERRANO, Mr. HIGGINS, LOBIONDO, Mr. MACK, Mr. MARCHANT, HUNTER, Mr. POE, Mr. HALL of Texas, Mr. RUPPERSBERGER, Ms. SUTTON, Mr. Mr. MCCAUL of Texas, Mr. MCHENRY, Mr. EHLERS, Mr. BURTON of Indiana, SNYDER, Mr. BARROW, Ms. KAPTUR, Mr. MCKEON, Mrs. MILLER of Michi- Mr. BARTON of Texas, Mr. MCHENRY, and Mr. KENNEDY): gan, Mr. GARY G. MILLER of Cali- Mr. SESSIONS, Mr. HAYES, Mr. LATTA, H.R. 5469. A bill to provide grants for the fornia, Mr. MILLER of Florida, Mr. Mr. PENCE, Mr. KING of New York, revitalization of waterfront brownfields; to NEUGEBAUER, Mr. PAUL, Mr. PENCE, and Mr. DANIEL E. LUNGREN of Cali- the Committee on Energy and Commerce, Mr. POE, Mr. REYNOLDS, Mr. ROGERS fornia): and in addition to the Committee on Trans- of Alabama, Ms. ROS-LEHTINEN, Mr. H.R. 5462. A bill to amend title 10, United portation and Infrastructure, for a period to SAXTON, Mr. SESSIONS, Mr. SHADEGG, States Code, to deny Federal funds for any be subsequently determined by the Speaker, Mr. SMITH of Texas, Mr. THORNBERRY, State or city, county, or other political sub- in each case for consideration of such provi- Mr. WALBERG, Mr. WESTMORELAND, division of a State that prohibits or unduly sions as fall within the jurisdiction of the and Mr. WILSON of South Carolina): restricts the establishment or operation of a committee concerned. H. Res. 986. A resolution recognizing the military recruiting office; to the Committee By Mr. STUPAK: courage and sacrifice of those members of on Armed Services, and in addition to the H.R. 5470. A bill to amend the Communica- the United States Armed Forces who were Committee on Education and Labor, for a pe- tions Act of 1934 to require the carriage of all held as prisoners of war during the Vietnam riod to be subsequently determined by the local television signals by satellite carriers conflict and calling for a full accounting of Speaker, in each case for consideration of in all local markets; to the Committee on the 1,729 members of the Armed Forces who such provisions as fall within the jurisdic- Energy and Commerce. remain unaccounted for from the Vietnam tion of the committee concerned. By Mr. TOWNS (for himself and Mrs. conflict; to the Committee on Armed Serv- By Mr. HENSARLING (for himself and BLACKBURN): ices. Mr. ROYCE): H.R. 5471. A bill to require the Consumer By Mr. BAIRD (for himself, Mr. H.R. 5463. A bill to protect investors by fos- Product Safety Commission to prescribe BLUMENAUER, Mr. CROWLEY, Ms. tering transparency and accountability of rules requiring distinctive markings on toy DEGETTE, Mr. EHLERS, Mr. attorneys in private securities litigation; to and look-alike firearms; to the Committee ETHERIDGE, Mr. GORDON, Mr. INSLEE, the Committee on Financial Services, and in on Energy and Commerce. Mr. LARSEN of Washington, Mrs. addition to the Committee on the Judiciary, By Mr. VISCLOSKY (for himself, Mr. MALONEY of New York, Mr. MURPHY for a period to be subsequently determined DONNELLY, Mr. SOUDER, Mr. BURTON of Connecticut, Mr. PATRICK MURPHY by the Speaker, in each case for consider- of Indiana, Mr. HILL, Mr. PENCE, Mr. of Pennsylvania, Ms. SCHWARTZ, Mr. ation of such provisions as fall within the ju- ELLSWORTH, and Mr. BUYER): SMITH of Washington, Mr. UDALL of risdiction of the committee concerned. H.R. 5472. A bill to designate the facility of Colorado, Mr. UPTON, Mr. VAN By Mr. KLEIN of Florida (for himself, the United States Postal Service located at HOLLEN, Mr. WALDEN of Oregon, and Mr. SENSENBRENNER, Mr. NADLER, 2650 Dr. Martin Luther King Jr. Street, Indi- Mr. WAMP): Mr. CHABOT, Mr. WEXLER, Mr. COHEN, anapolis, Indiana, as the ‘‘Julia M. Carson H. Res. 987. A resolution encouraging Mr. JOHNSON of Georgia, Ms. SUTTON, Post Office Building’’; to the Committee on Americans to join others across the country Ms. WASSERMAN SCHULTZ, Ms. GRANG- Oversight and Government Reform. in using their rebate checks to invest in re- ER, Mr. CHANDLER, Mr. BURTON of In- By Mr. WELCH of Vermont: newable energy and energy-efficient prod- diana, Mr. HASTINGS of Florida, Mr. H.R. 5473. A bill to increase the supply and ucts and services in order to save money, MAHONEY of Florida, Mr. lower the cost of petroleum by temporarily stimulate the economy, and reduce green- RUPPERSBERGER, Mr. MEEK of Flor- suspending the acquisition of petroleum for house gas emissions; to the Committee on ida, and Mr. SCOTT of Virginia): the Strategic Petroleum Reserve; to the Energy and Commerce. H.R. 5464. A bill to direct the Attorney Committee on Energy and Commerce. By Mr. MATHESON (for himself, Mrs. General to make an annual grant to the A By Mr. ROGERS of Alabama (for him- CUBIN, Ms. BALDWIN, Mr. FERGUSON, Child Is Missing Alert and Recovery Center self, Mr. MEEK of Florida, Mr. TOWNS, Mr. CUMMINGS, Mr. SESSIONS, Mrs. to assist law enforcement agencies in the Ms. BORDALLO, Mr. ADERHOLT, Mr. CAPPS, Mr. TIM MURPHY of Pennsyl- rapid recovery of missing children, and for MARIO DIAZ-BALART of Florida, Mr. vania, Mr. ROSS, Mr. FOSSELLA, Mr. other purposes; to the Committee on the Ju- BISHOP of Georgia, Mr. MCGOVERN, GENE GREEN of Texas, Mr. HINOJOSA, diciary. Mr. GALLEGLY, Mr. UDALL of Colo- Mr. TOWNS, Mr. BAIRD, and Ms. By Mr. LOEBSACK (for himself, Mr. rado, Mr. SNYDER, Mr. BACHUS, Mr. HOOLEY): GILCHREST, Mr. BISHOP of Georgia, BONNER, Mr. HASTINGS of Florida, Mr. H. Res. 988. A resolution designating the Mr. JOHNSON of Georgia, Mr. BRADY FOSSELLA, Mr. CARTER, Mr. RANGEL, month of March 2008 as ‘‘MRSA Awareness Month’’; to the Committee on Energy and of Pennsylvania, Mr. ABERCROMBIE, Mr. FARR, Mr. VAN HOLLEN, Mr. FIL- Commerce. Mr. BRALEY of Iowa, Ms. HOOLEY, and NER, Ms. SUTTON, Mr. DAVIS of Ala- By Mr. CHABOT (for himself, Mr. Ms. SHEA-PORTER): bama, Mr. EVERETT, Ms. WASSERMAN H.R. 5465. A bill to require the Department SCHULTZ, Mrs. MYRICK, and Mr. PAYNE, Mr. FLAKE, Mr. BERMAN, Mr. of Defense to implement a pain care initia- CRAMER): ROYCE, Mr. BLUMENAUER, and Mr. tive, and for other purposes; to the Com- H. Con. Res. 297. Concurrent resolution rec- MORAN of Virginia): mittee on Armed Services. ognizing the 60th anniversary of the integra- H. Res. 990. A resolution encouraging the accelerated removal of agricultural subsidies By Mr. MCDERMOTT (for himself, Mr. tion of the United States Armed Forces; to of industrialized countries to alleviate pov- STARK, Mr. LEWIS of Georgia, Ms. the Committee on Armed Services. erty and promote growth, health, and sta- BERKLEY, Mr. DAVIS of Alabama, Ms. By Mr. ISRAEL: bility in the economies of African countries; DELAURO, and Mr. FATTAH): H. Con. Res. 298. Concurrent resolution ex- H.R. 5466. A bill to improve outcomes for pressing the Sense of Congress on the Hu- to the Committee on Foreign Affairs. vulnerable children by investing in families, manitarian Crisis in Iraq; to the Committee By Mr. ISRAEL: H. Res. 991. A resolution recognizing the improving accountability in the child wel- on Foreign Affairs. exceptional sacrifice of the 69th Infantry fare system, and finding safe, stable, and per- By Mr. MARKEY (for himself and Mr. Regiment, known as the Fighting 69th, in manent homes for foster children; to the STEARNS): support of the Global War on Terror; to the Committee on Ways and Means. H. Con. Res. 299. Concurrent resolution Committee on Armed Services. By Mr. PATRICK MURPHY of Pennsyl- supporting the goals and ideals of National By Mr. ISRAEL (for himself and Ms. vania (for himself and Mr. BILBRAY): Cystic Fibrosis Awareness Month; to the H.R. 5467. A bill to amend the Improper Committee on Energy and Commerce. PRYCE of Ohio): H. Res. 992. A resolution honoring the sac- Payments Information Act of 2002 (31 U.S.C. By Mr. BOEHNER (for himself, Mr. rifice of all mothers in the Armed Forces 3321 note) in order to prevent the loss of bil- BLUNT, Mr. PUTNAM, Mr. MCCOTTER, who have deployed to theaters of combat on lions in taxpayer dollars; to the Committee Mr. CANTOR, Ms. GRANGER, Mr. behalf of the United States; to the Com- CARTER, Mr. COLE of Oklahoma, Mr. on Oversight and Government Reform. mittee on Armed Services. By Mr. SHUSTER (for himself and Mr. DREIER, Mr. ADERHOLT, Mr. AKIN, Mr. PLATTS): CAMPBELL of California, Mr. BARTON f H.R. 5468. A bill to amend title XIX of the of Texas, Mr. BRADY of Texas, Mr. ADDITIONAL SPONSORS Social Security Act to provide Medicaid cov- BURGESS, Mr. CAMP of Michigan, Mr. erage of drugs prescribed for certain research CONAWAY, Mrs. CUBIN, Mr. Under clause 7 of rule XII, sponsors study child participants; to the Committee CULBERSON, Mr. MARIO DIAZ-BALART were added to public bills and resolu- on Energy and Commerce. of Florida, Mr. EVERETT, Mr. FEENEY, tions as follows:

VerDate Aug 31 2005 02:31 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\L14FE7.100 H14FEPT1 wwoods2 on PRODPC68 with HOUSE February 14, 2008 CONGRESSIONAL RECORD — HOUSE H995

H.R. 25: Mr. WITTMAN of Virginia. H.R. 3232: Mr. YOUNG of Florida. H.R. 5110: Mr. HILL, Mr. DONNELLY, Mr. H.R. 78: Mr. JONES of North Carolina. H.R. 3234: Mr. MCCAUL of Texas. COHEN, Ms. MCCOLLUM of Minnesota, and Mr. H.R. 552: Mr. WILSON of South Carolina, H.R. 3257: Mr. TOWNS. DOYLE. Mr. PORTER, and Ms. SHEA-PORTER. H.R. 3286: Mr. HALL of Texas. H.R. 5124: Mr. SAM JOHNSON of Texas, Mr. H.R. 563: Mr. WITTMAN of Virginia. H.R. 3289: Mr. BISHOP of New York. SULLIVAN, Mr. FRANKS of Arizona, and Ms. H.R. 657: Mr. MICA. H.R. 3326: Mrs. MALONEY of New York, Ms. GINNY BROWN-WAITE of Florida. H.R. 760: Mr. COSTA. BERKLEY, and Mr. BRADY of Pennsylvania. H.R. 5131: Mr. AKIN, Mr. GINGREY, Mr. H.R. 768: Mr. BURTON of Indiana, Mr. JONES H.R. 3363: Ms. EDDIE BERNICE JOHNSON of MARCHANT, Mr. GOODE, Mr. WALBERG, Mr. of North Carolina, and Mr. AKIN. Texas. BARTLETT of Maryland, Mr. HALL of Texas, H.R. 769: Mr. AKIN. H.R. 3366: Ms. WOOLSEY, Mr. HONDA, Mr. Mr. SHADEGG, Mr. RYAN of Wisconsin, Mr. H.R. 882: Mr. PUTNAM and Mr. BRADY of PASTOR, Mr. GONZALEZ, Mr. MCDERMOTT, and SALI, Mr. BILBRAY, Mrs. CUBIN, Mr. BARRETT Pennsylvania. Mr. FATTAH. of South Carolina, Mr. CAMPBELL of Cali- H.R. 917: Mr. MANZULLO. H.R. 3423: Mr. FILNER. fornia, and Mr. DAVID DAVIS of Tennessee. H.R. 946: Mr. MCDERMOTT. H.R. 3438: Mr. HONDA and Mrs. NAPOLITANO. H.R. 5143: Mr. FOSSELLA, Mr. CUELLAR, Mr. H.R. 997: Mr. WITTMAN of Virginia. H.R. 3439: Mr. HILL and Mr. MATHESON. HILL, Mr. WALZ of Minnesota, Mr. MEEKS of H.R. 1110: Mr. FATTAH. H.R. 3494: Mr. WITTMAN of Virginia. New York, Mr. WYNN, Mr. WATT, Mr. DIN- H.R. 1174: Mr. KIRK. H.R. 3544: Mr. VAN HOLLEN and Mr. RYAN of GELL, Ms. ROYBAL-ALLARD, Mr. ARCURI, and H.R. 1237: Mrs. GILLIBRAND and Mr. Ohio. Mr. MOLLOHAN. LOBIONDO. H.R. 3663: Mrs. CHRISTENSEN, Mr. SAR- H.R. 5148: Mr. GALLEGLY and Mr. MCIN- H.R. 1386: Mr. STUPAK and Mr. SESTAK. BANES, Mr. SESTAK, Mrs. MCCARTHY of New TYRE. H.R. 1419: Mr. GARRETT of New Jersey. York, Mr. GONZALEZ, Ms. JACKSON-LEE of H.R. 5161: Mr. LIPINSKI. H.R. 1422: Ms. DEGETTE and Mr. WITTMAN Texas, Mr. RANGEL, Ms. MOORE of Wisconsin, H.R. 5171: Mr. BLUMENAUER and Mr. INSLEE. of Virginia. Ms. BERKLEY, and Mr. PASTOR. H.R. 5173: Mr. KUHL of New York. H.R. 1431: Mr. FRANK of Massachusetts. H.R. 3680: Mr. BURGESS. H.R. 5176: Mr. MCNULTY. H.R. 1532: Mr. PAYNE, Mr. MCNULTY, and H.R. 3700: Mr. WALBERG. H.R. 5180: Mr. WHITFIELD of Kentucky, Mr. Mr. MCNERNEY. H.R. 3749: Mr. SKELTON. BISHOP of Georgia, Mr. LINCOLN DAVIS of H.R. 1576: Mr. LINCOLN DIAZ-BALART of H.R. 3750: Mr. KNOLLENBERG. Tennessee, Mr. FRANK of Massachusetts, Mr. Florida. H.R. 3754: Mr. MATHESON and Mr. HILL. MATHESON, Ms. BORDALLO, Ms. LORETTA H.R. 1610: Ms. JACKSON-LEE of Texas and H.R. 3817: Ms. HERSETH SANDLIN and Mr. SANCHEZ of California, Mr. CARNEY, Mr. Mr. ABERCROMBIE. WALZ of Minnesota. SCOTT of Georgia, Mr. THOMPSON of Mis- H.R. 1629: Mr. PLATTS and Ms. HOOLEY. H.R. 3819: Mr. FILNER and Mr. LIPINSKI. sissippi, Mr. JOHNSON of Illinois, Mr. WALDEN H.R. 1665: Mr. WITTMAN of Virginia and Mr. H.R. 3834: Mr. PASTOR, Mr. RYAN of Wis- of Oregon, Mr. CAPUANO, Ms. LINDA T. PLATTS. consin, Mr. BLUMENAUER, Mr. RENZI, and Mr. SA´ NCHEZ of California, Mr. SCOTT of Virginia, H.R. 1732: Mr. BRADY of Pennsylvania. PLATTS. and Mr. ALLEN. H.R. 1742: Mr. GALLEGLY, Mr. HOEKSTRA, H.R. 3861: Mr. PORTER. H.R. 5216: Mr. SALAZAR. Mr. CHANDLER, and Mr. HINOJOSA. H.R. 3934: Mr. PORTER, Mr. HELLER, Mr. H.R. 5222: Mr. WALDEN of Oregon, Mr. ROG- H.R. 1767: Mr. ADERHOLT, Mr. KING of Iowa, TIM MURPHY of Pennsylvania, and Mr. DAVIS ERS of Alabama, Mr. YOUNG of Florida, Mr. and Mr. LATOURETTE. of Illinois. ALEXANDER, Mr. GARRETT of New Jersey, H.R. 1884: Ms. NORTON and Mr. MOORE of H.R. 3954: Mr. MCNERNEY. Mrs. MUSGRAVE, Mr. BOOZMAN, Mr. MAR- Kansas. H.R. 3975: Mr. DAVID DAVIS of Tennessee. SHALL, Mr. NEUGEBAUER, and Mr. SHIMKUS. H.R. 2016: Mr. DEFAZIO and Mr. SARBANES. H.R. 3980: Mr. MCDERMOTT. H.R. 5233: Mr. KUHL of New York, Mr. CAN- H.R. 2040: Mr. THORNBERRY, Mr. HALL of H.R. 4008: Mr. HOLDEN. TOR, and Mrs. MUSGRAVE. Texas, Mr. HERGER, Mr. ISSA, Mr. SESSIONS, H.R. 4071: Mr. LOBIONDO. H.R. 5236: Mr. PEARCE and Mrs. CUBIN. Mr. CONAWAY, Mr. GARY G. MILLER of Cali- H.R. 4126: Mr. HINOJOSA and Mr. WITTMAN H.R. 5242: Ms. GINNY BROWN-WAITE of Flor- fornia, Mr. BRADY of Texas, Mr. GILCHREST, of Virginia. ida. Mr. TOM DAVIS of Virginia, Mr. LINDER, Mr. H.R. 4174: Mr. GRIJALVA. H.R. 5244: Mr. WALZ of Minnesota, Mr. FORBES, Mr. TERRY, Mrs. CUBIN, Mr. RENZI, H.R. 4206: Mr. PAYNE. BECERRA, and Mr. CHANDLER. Mr. ADERHOLT, Mr. FLAKE, Mr. MCHUGH, Mr. H.R. 4208: Ms. MATSUI and Ms. SHEA-POR- H.R. 5265: Mr. GENE GREEN of Texas, Mr. REICHERT, Mr. BROUN of Georgia, Mr. KEL- TER. STUPAK, Mr. JACKSON of Illinois, Mr. BISHOP LER, Mr. KIRK, Mr. DUNCAN, Mr. H.R. 4218: Mr. TAYLOR, Mr. BISHOP of Geor- of Georgia, Mr. OBERSTAR, Mr. ETHERIDGE, LATOURETTE, Mr. JOHNSON of Illinois, Mr. gia, and Mr. MCNULTY. Mr. FILNER, and Mr. HINOJOSA. WALDEN of Oregon, Mr. PETRI, Mr. BROWN of H.R. 4236: Ms. SOLIS and Mr. HOLDEN. H.R. 5351: Ms. BERKLEY. South Carolina, and Mr. BLUNT. H.R. 4251: Mr. COHEN and Ms. DEGETTE. H.R. 5430: Mr. NEAL of Massachusetts. H.R. 2169: Ms. DEGETTE and Mr. BRALEY of H.R. 4266: Mr. GRAVES. H.R. 5431: Mr. NEAL of Massachusetts. Iowa. H.R. 4291: Ms. MCCOLLUM of Minnesota and H.R. 5432: Mr. NEAL of Massachusetts. H.R. 2303: Mr. CHABOT, Mr. KING of Iowa, Mr. PETERSON of Minnesota. H.R. 5433: Mr. NEAL of Massachusetts. Mr. WALDEN of Oregon, Ms. GRANGER, Mr. H.R. 4464: Mr. CHABOT, Mr. MANZULLO, Mr. H.J. Res. 67: Mr. WITTMAN of Virginia. LOEBSACK, and Mr. STEARNS. FRANKS of Arizona, Mr. MCCAUL of Texas, H. Con. Res. 85: Mr. SESTAK. H.R. 2312: Mr. MANZULLO, Mr. BARTLETT of Mrs. DRAKE, Mr. HAYES, and Mr. UPTON. H. Con. Res. 163: Mr. CARNEY, MS. ZOE Maryland, Mr. MCCAUL of Texas, and Mr. H.R. 4544: Mr. GRIJALVA. LOFGREN of California, Mr. WELLER, Mr. BOOZMAN. H.R. 4652: Mr. GRIJALVA. LAMBORN, Mr. BARTLETT of Maryland, Mr. H.R. 2325: Mr. GENE GREEN of Texas. H.R. 4688: Mr. RENZI. KING of New York, Mr. GOODLATTE, Mr. H.R. 2332: Mr. LATTA and Mrs. MALONEY of H.R. 4790: Ms. SLAUGHTER. WITTMAN of Virginia, Mrs. MALONEY of New New York. H.R. 4897: Mr. RUSH, Mrs. NAPOLITANO, and York, and Mr. NEUGEBAUER. H.R. 2352: Mr. LOEBSACK. Mr. GORDON. H. Con. Res. 249: Mr. EMANUEL. H.R. 2464: Mr. BUYER. H.R. 4900: Mr. CAMPBELL of California, Mr. H. Con. Res. 263: Mr. TOM DAVIS of Vir- H.R. 2507: Mr. KUHL of New York. GALLEGLY, Mr. WALBERG, Mr. CONAWAY, Mr. ginia, Mr. MCCRERY, Mr. PAUL, Mr. RADANO- H.R. 2550: Mr. BARRETT of South Carolina. RENZI, Mr. HOLDEN, and Mr. SHULER. VICH, and Mr. WALDEN of Oregon. H.R. 2588: Mr. FOSSELLA and Mr. KUHL of H.R. 4930: Mrs. CHRISTENSEN and Mr. H. Con. Res. 286: Mr. BACA, Ms. SOLIS, Mr. New York. GOODE. BECERRA, Mr. LEWIS of Georgia, Ms. EDDIE H.R. 2762: Mr. BRADY of Pennsylvania, Mr. H.R. 4934: Mr. FILNER, Mr. NADLER, Mr. BERNICE JOHNSON of Texas, Mrs. JONES of CUMMINGS, Mr. CRAMER, and Mr. WELLER. MCNULTY, Mr. STUPAK, Mr. LEWIS of Georgia, Ohio, Ms. CLARKE, Mr. CLYBURN, Mr. DOYLE, H.R. 2827: Mr. UDALL of New Mexico. Ms. MCCOLLUM of Minnesota, Mr. KILDEE, Mr. DOOLITTLE, Mr. FRELINGHUYSEN, Mr. H.R. 2922: Mr. JEFFERSON. Mr. STARK, and Mr. HINOJOSA. KINGSTON, Mr. ROGERS of Kentucky, Mr. H.R. 2933: Mr. WITTMAN of Virginia. H.R. 5032: Mrs. MUSGRAVE, Mrs. BROWN of South Carolina, Mr. LEWIS of Cali- H.R. 2965: Mr. ELLISON and Mr. PASTOR. BLACKBURN, Mr. FEENEY, Mr. LATTA, Mr. SAM fornia, Mr. CULBERSON, Mr. LEVIN, Mr. SIRES, H.R. 2991: Mr. DOGGETT and Mr. CHANDLER. JOHNSON of Texas, Mr. BARTLETT of Mary- Mr. KIND, Mr. RAHALL, Mr. HARE, Mr. KAN- H.R. 3010: Ms. LINDA T. SA´ NCHEZ of Cali- land, Mr. MANZULLO, Mr. MARCHANT, Mr. JORSKI, Mr. ISSA, Mr. CUELLAR, Mr. FARR, fornia, Ms. SHEA-PORTER, and Mrs. MCCAR- GINGREY, and Mrs. MYRICK. Mr. REGULA, Mr. CAPUANO, Mr. GUTIERREZ, THY of New York. H.R. 5035: Mr. AL GREEN of Texas, Ms. Mr. FRANK of Massachusetts, Mr. SHERMAN, H.R. 3041: Mr. PLATTS. SCHAKOWSKY, Mr. WYNN, and Mr. SERRANO. Mr. OLVER, Ms. BALDWIN, Mr. VISCLOSKY, Ms. H.R. 3109: Mr. BUYER. H.R. 5036: Mr. CLAY. VELA´ ZQUEZ, Ms. HOOLEY, Mr. MCNERNEY, Mr. H.R. 3130: Mr. SKELTON. H.R. 5057: Mrs. BLACKBURN. BRADY of Pennsylvania, Mr. MURTHA, Mr. H.R. 3175: Mr. OBERSTAR and Mr. JEFFER- H.R. 5060: Mr. GOODLATTE. DOGGETT, Mr. SALAZAR, and Mr. BOUCHER. SON. H.R. 5087: Mr. MAHONEY of Florida, Mr. H. Con. Res. 290: Mr. MARKEY. H.R. 3186: Mr. KUHL of New York. CARNEY, Mr. HALL of New York, and Mr. H. Con. Res. 292: Mr. MOORE of Kansas, Mr. H.R. 3197: Mr. LOEBSACK. KIND. CLAY, Mrs. EMERSON, Mr. GRAVES, Mrs. H.R. 3212: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 5106: Mr. LANGEVIN, Mr. COHEN, and BOYDA of Kansas, Mr. TAYLOR, Mr. AKIN, and fornia. Mr. MORAN of Virginia. Mr. HULSHOF.

VerDate Aug 31 2005 03:13 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.045 H14FEPT1 wwoods2 on PRODPC68 with HOUSE H996 CONGRESSIONAL RECORD — HOUSE February 14, 2008

H. Con. Res. 295: Mr. WHITFIELD of Ken- H. Res. 924: Ms. SUTTON. H. Res. 953: Mr. MILLER of Florida, Mr. tucky. H. Res. 930: Mr. SCOTT of Georgia and Mr. HAYES, Mr. ROGERS of Alabama, Mr. COLE of H. Res. 111: Ms. EDDIE BERNICE JOHNSON of PASCRELL. Oklahoma, Mrs. MILLER of Michigan, Mr. Texas. H. Res. 934: Ms. GRANGER. SESSIONS, Mr. SHUSTER, Mr. LOBIONDO, Mr. H. Res. 248: Mr. BROUN of Georgia and Mrs. H. Res. 939: Mr. CARTER and Mr. PORTER. LAMBORN, Mr. FRANKS of Arizona, Mr. WILSON of New Mexico. H. Res. 948: Mr. BOSWELL, Mrs. DAVIS of HUNTER, Mr. EVERETT, and Mr. MCHUGH. OSWELL California, Mr. BRALEY of Iowa, Mr. HONDA, H. Res. 333: Mr. B . H. Res. 962: Mr. WYNN, Ms. KILPATRICK, Ms. H. Res. 339: Mr. WALZ of Minnesota. Mr. WALZ of Minnesota, Ms. BORDALLO, Mr. JACKSON-LEE of Texas, and Ms. LINDA T. H. Res. 356: Mr. ALTMIRE and Mr. ENGLISH JOHNSON of Georgia, Mr. REYES, Mr. ORTIZ, SA´ NCHEZ of California. of Pennsylvania. and Mr. RYAN of Ohio. H. Res. 679: Ms. SCHAKOWSKY and Mr. H. Res. 951: Mr. ARCURI, Ms. BORDALLO, Mr. H. Res. 977: Mr. HINCHEY, Mr. TIM MURPHY CUMMINGS. ETHERIDGE, Mr. GARY G. MILLER of Cali- of Pennsylvania, Mr. PALLONE, Mr. CHAN- H. Res. 887: Mr. MARCHANT, Mr. FOSSELLA, fornia, Mrs. MUSGRAVE, Mr. SIMPSON, Mr. DLER, Mr. ROSS, and Ms. HIRONO. Ms. HERSETH SANDLIN, Mr. SHULER, Mr. TIAHRT, Mr. WEXLER, Ms. CLARKE, Mr. LIPIN- H. Res. 978: Mr. MOORE of Kansas, Ms. KIL- KLINE of Minnesota, and Mr. ALTMIRE. SKI, Mr. HOLDEN, and Mr. KAGEN. PATRICK, and Mr. MEEKS of New York.

VerDate Aug 31 2005 02:31 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A14FE7.053 H14FEPT1 wwoods2 on PRODPC68 with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, SECOND SESSION

Vol. 154 WASHINGTON, THURSDAY, FEBRUARY 14, 2008 No. 25 Senate The Senate met at 9:30 a.m. and was Senator from the State of Arkansas, to per- have been longer days, as I indicated called to order by the Honorable MARK form the duties of the Chair. last night. L. PRYOR, a Senator from the State of ROBERT C. BYRD, I hope people will come and offer Arkansas. President pro tempore. amendments. That is what we need to Mr. PRYOR thereupon assumed the do. We need to move through this legis- PRAYER chair as Acting President pro tempore. lation. We have been told that Mem- The Chaplain, Dr. Barry C. Black, of- f bers who have amendments are waiting fered the following prayer: to offer them. I hope they will do that. RECOGNITION OF THE MAJORITY Let us pray. We are going to finish the bill this LEADER Almighty God, who desires truth in week. We have a break coming next the inward parts, keep our lawmakers The ACTING PRESIDENT pro tem- week. We really would like to get the in Your care. As they dedicate their pore. The majority leader is recog- work done. We could finish it today. I talents to the Nation’s well-being, nized. hope we can do so. Mr. President, I suggest the absence make our Senators faithful to each f challenging duty, loyal to every high of a quorum. claim, and responsive to the human MEASURES PLACED ON THE The ACTING PRESIDENT pro tem- needs of this suffering Earth. Set a seal CALENDAR—S. 2633, S. 2634, S. 2636 pore. The clerk will call the roll. The legislative clerk proceeded to upon their lips that no thoughtless Mr. REID. Mr. President, there are call the roll. words shall sting or harm another. three bills at the desk due for their sec- Mr. REID. Mr. President, I ask unan- Strengthen them to meet this day’s ond reading. imous consent that the order for the waiting tasks with kindness and good The ACTING PRESIDENT pro tem- quorum call be rescinded. will. Lord, give them strength of will, pore. The clerk will report the bills by The ACTING PRESIDENT pro tem- steadiness of purpose, and power to do title for the second time. pore. Without objection, it is so or- good for the glory of Your Name. The legislative clerk read as follows: dered. We pray this in the Name that is A bill (S. 2633) to provide for the safe rede- f above every name. Amen. ployment of United States troops from Iraq. A bill (S. 2634) to require a report setting RESERVATION OF LEADER TIME f forth the global strategy of the United The ACTING PRESIDENT pro tem- PLEDGE OF ALLEGIANCE States to combat and defeat al Qaeda and its pore. Under the previous order, the affiliates. The Honorable MARK L. PRYOR led A bill (S. 2636) to provide needed housing leadership time is reserved. the Pledge of Allegiance, as follows: reform. f I pledge allegiance to the Flag of the Mr. REID. Mr. President, I object to INDIAN HEALTH CARE IMPROVE- United States of America, and to the Repub- any further proceedings with respect to MENT ACT AMENDMENTS OF 2007 lic for which it stands, one nation under God, these bills, and I object en bloc. indivisible, with liberty and justice for all. The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- pore. Under the previous order, the f pore. Objection is heard. The bills will Senate will resume consideration of S. APPOINTMENT OF ACTING be placed on the calendar. 1200, which the clerk will report. PRESIDENT PRO TEMPORE f The legislative clerk read as follows: The PRESIDING OFFICER. The A bill (S. 1200) to amend the Indian Health SCHEDULE Care Improvement Act to revise and extend clerk will please read a communication Mr. REID. Mr. President, following that Act. to the Senate from the President pro my remarks and any the Republican Pending: tempore (Mr. BYRD). leader wishes to make, we will resume The legislative clerk read the fol- Bingaman/Thune amendment No. 3894 (to consideration of the Indian Health Care amendment No. 3899), to amend title XVIII of lowing letter: Improvement Act. Senator DORGAN and the Social Security Act to provide for a limi- U.S. SENATE, Senator MURKOWSKI are here. I believe tation on the charges for contract health PRESIDENT PRO TEMPORE, this is our fourth day. Someone told services provided to Indians by Medicare pro- Washington, DC, February 14, 2008. viders. To the Senate: me yesterday: But they were short Vitter amendment No. 3896 (to amendment Under the provisions of rule I, paragraph 3, days. The only reason they were short No. 3899), to modify a section relating to lim- of the Standing Rules of the Senate, I hereby is because nobody has been here to itation on use of funds appropriated to the appoint the Honorable MARK L. PRYOR, a offer any amendments. They would Service.

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

S993

.

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S994 CONGRESSIONAL RECORD — SENATE February 14, 2008 Brownback amendment No. 3893 (to amend- priations bills separately, as we are set Now we are going to be starting soon ment No. 3899), to acknowledge a long his- up and plan to do, they cannot pass trying another series of 12 appropria- tory of official depredations and ill-con- them individually. Because they are so tions bills to try to pass them before ceived policies by the Federal Government far behind, all the bills are cobbled to- October 1. regarding Indian tribes and offer an apology to all Native peoples on behalf of the United gether in an omnibus bill and moved at Last year, it took 325 days from the States. one time, which creates so much mo- release of the President’s budget until Dorgan amendment No. 3899, in the nature mentum that it is difficult to stop a the appropriations process was com- of a substitute. bill such as that. It is certainly almost pleted on December 26. Now, only 40 Sanders amendment No. 3900 (to amend- impossible to read and know what is in days later, the process has begun again ment No. 3899), to provide for payments it. On average, these spending packages with the submission of the President’s under subsections (a) through (e) of section have combined 7.6 regular appropria- new budget on February 5. 2604 of the Low-Income Home Energy Assist- By limiting budget decisions to every ance Act of 1981. tions bills. So the average omnibus bill Gregg amendment No. 4022 (to amendment is 7.6 of the 12 appropriations bills piled other year, Congress would have con- No. 3900), to provide funding for the Low In- all together in 1 bill and passed, basi- siderably more time to spend passing come Home Energy Assistance Program in a cally rammed through the Senate and critical legislation. Whether it be im- fiscally responsible manner. the House. migration reform, which we need to do, Barrasso amendment No. 3898 (to amend- Last year, Congress enacted a $555 tax cuts, or legislation addressing our ment No. 3899), to require the Comptroller billion, 1,600-page omnibus package Nation’s housing problems, Congress General to report on the effectiveness of co- that combined 11 of the 12 required ap- could focus more on important legisla- ordination of health care services provided propriations bills in 1. It was passed in tive matters rather than just always to Indians using Federal, State, local, and tribal funds. late December, not long before Christ- every year backed up, jammed up with mas, when people were anxious to go appropriations debates, arguing over Mr. REID. I suggest the absence of a home. I am sure that is part of the pork and earmarks, among others. quorum. plan. It all moved forward. Mr. Presi- Some will argue that 2-year budg- The ACTING PRESIDENT pro tem- dent, 1,600 pages—it is unlikely many eting would increase the need for en- pore. The clerk will call the roll. Members of this Senate read it. Basi- acting supplemental spending. They The legislative clerk proceeded to cally, what they would do is send out say we will have more supplemental call the roll. their staff to determine if something emergency spending. As such, we will Mr. SESSIONS. Mr. President, I ask they especially cared about was in it, not save a lot of time, and it still will unanimous consent that the order for and if what they wanted was in it, they not be a healthy process. the quorum call be rescinded. would vote for the bill. That is the way I ask this: How much more supple- The ACTING PRESIDENT pro tem- things have gone around here. It is not mental emergency spending can Con- pore. Without objection, it is so or- a good policy. The package we passed gress do? dered. last December was the largest omnibus Over the last 10 budget cycles, even Mr. SESSIONS. Mr. President, I ask bill since 1988, when we enacted a $598 though we are passing regular appro- unanimous consent that I be allowed to billion package that included all 13 priations bills every single year, Con- speak as in morning business. bills. gress has enacted at least 25 supple- The ACTING PRESIDENT pro tem- Finally, this broken budget process mental emergency appropriations pore. Without objection, it is so or- has resulted in almost $1.7 trillion in packages. These packages have ap- dered. deficit spending over the past 13 budget proved almost $884 billion in additional 2-YEAR BUDGET PROCESS cycles. emergency spending. That is a shock- Mr. SESSIONS. Mr. President, the There is no single cure, I will cer- ing number. congressional budget process, which we tainly admit, for all of what ails Con- But I will add this. When someone will begin again soon, is clearly bro- gress and the way Congress spends the does bring up an emergency spending ken. Since fiscal year 1980, only three people’s money. However, a biennial, 2- bill—and there may be a number of times has Congress enacted all its ap- year budget, 2-year appropriations times that it is quite legitimate—and propriations bills by the start of the would be, I am convinced and have asks that it be brought up and spent next fiscal year, which is October 1. been for quite a number of years, a tre- above the budget—and that is what During that same time, 138 continuing mendous step in the right direction. It emergency spending does; we approve a resolutions have been needed to keep is a good-government reform. I wish to budget, we should stay within the the Government running. In other talk about biennial budgeting a bit. budget—we pass an emergency bill and words, if Congress does not appropriate Biennial budgeting has been sup- it busts the budget. It goes above the money, it cannot be spent by the exec- ported by the last four Presidents. It is budget. We say it is emergency spend- utive branch. It cannot be spent by the a very simple concept. Under current ing that is so important that we don’t Government, period. So when we do not budget law, Congress must pass the adhere to the budget and we are going pass an appropriations bill to fund the twelve 1-year appropriations bills each to spend the money anyway. Of course, Department of Defense or the Depart- year to fund the Federal Government. all of that goes straight to the debt, ment of Housing and Urban Develop- With biennial budgeting, twelve 2-year since we are already in deficit. Any ad- ment, they cannot operate. They shut appropriations bills would be enacted ditional spending over our budget is down. As a result, we come through instead of 1-year bills. A change from a even more monies that go to our debt. with continuing resolutions to allow 1-year to 2-year budget cycle would But it takes 60 votes, at least. A person funding to continue at the previous have many great benefits. is able to come to the floor and object year’s level while we debate and argue I emphasize, this is not a partisan and create a discussion and demand a over the appropriate appropriations for matter. This is a matter that I believe supermajority of 60 votes to have emer- that next fiscal year. will strengthen the Congress and help gency spending. I think that in itself Repeatedly, we have been late. On av- us increase some of those very poor should deter some frivolous use of erage, there have been 4.8 continuing ratings we have with the American emergency spending, I really do. resolutions each fiscal year. On aver- people. I think we would be better off, even age, we have been almost 3 months late A change from a 1-year to 2-year though I am sure we will have emer- passing the appropriations bills, put- budget would deal with this problem gency spending packages with a 2-year ting us well into the next fiscal year. that is a reality for us: that under the budget, because we certainly have had For fiscal year 1996, 10 years ago, the current system, the budget process, the them even with a 1-year budget cycle. final appropriations bill was signed al- appropriations process is never-ending. I do think the taxpayers won’t be de- most 7 months late. We should have completed this process fenseless when those emergency bills Over the past 13 budget cycles, Con- last year before October 1, the start of come up. gress has passed 10 omnibus spending the new fiscal year, the appropriations Another big thing. All of us in the bills. These omnibus bills occur when, funding for the next fiscal year. We did Congress, and I think all of us in the instead of passing each of the 12 appro- not get that done until late December. Senate, know in our hearts, know in

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S995 the deepest part of our being, that we though there might be a slight advan- haps I would be happy to yield to him are not doing a good job of oversight tage to the majority party because the if he would tell us if he is wanting to over this massive Government we are majority party has an agenda. They do something else on the floor. supposed to be managing. We don’t do have items they feel obligated to effec- Mr. ALEXANDER. Mr. President, I a good job of oversight. One reason we tively promote. But they are not able hope to take 5 minutes on the 2-year don’t do oversight in an effective way to do it oftentimes because all the time budget and how I hope, and many of us is because we have to pass the funding on the floor of the Senate is spent on hope, that it will be something the bills. We are always arguing over how trying to pass appropriations bills. So Democrats and Republicans can agree much should be spent on this or that whether it helps the majority or the on to change the way Washington program, how much should be spent on minority party, I am not sure, but it works. this or that pet project, and we spend will help the taxpayers. It is good gov- I will be glad to defer that, knowing our time doing that and not going out ernment reform. the importance of moving ahead on In- and looking at agencies and depart- It is not a partisan thing we are talk- dian affairs. ments with a fresh view. ing about. We are talking about a his- Mr. DORGAN. If the statement is 5 The Office of Management and Budg- toric change in the way we do business minutes, I would not object to that, et has made a long list of agencies that that will help every agency and depart- but I do want, at the end of that 5 min- are poorly performing, that they ques- ment of government because they will utes, to begin the bill. Again, Senator tion the legitimacy of. If we would have at least 2 years of a solid budget COBURN has arrived, and we have a lot focus on that effectively, I think we from which to work. They will only of work to do. But I know Senator could do a much better job. have to put together their proposals ALEXANDER has worked on budget Also, I would suggest that with a 2- every 2 years instead of every year. issues for a long while, so I ask unani- year budget, Federal agencies could Congress will be able to deal with it mous consent that Senator ALEXANDER focus more on their core missions. The one time, and then during the off year, be recognized for 5 minutes, and after Department of Defense, for example, we would be able to examine how we that I will make some comments, Sen- spends untold hours preparing their are spending money and make new pro- ator MURKOWSKI then will make some budget every year, and it creates a lot posals and new ideas for improving the comments, and we will begin a discus- of uncertainty because they are never health care system of America, the sion with Senator COBURN. sure whether this or that program will savings system of America, and the de- The ACTING PRESIDENT pro tem- be continued. It causes quite a bit of fense of America. pore. Without objection, it is so or- stress and uncertainty. Agencies are I thank the Chair, and I note my col- dered. spending thousands of hours on their league Senator ALEXANDER from Ten- The Senator from Tennessee is recog- annual budget process. nessee is here. I know he strongly nized for 5 minutes. Constituent groups and organizations shares this view. We have both worked Mr. ALEXANDER. Mr. President, I could save a lot of money. They come with and met with Senator PETE greatly appreciate the courtesy of the up every year. We see them. They are DOMENICI, long-time former chairman Senator from North Dakota. He him- some of the best people we know, and of the Budget Committee and a mem- self is an expert on appropriations and those people come up every year. They ber of the Appropriations Committee in budget matters, both at the Federal wouldn’t have to come up but every 2 the Senate, who has championed this level and at the State level. It would be years with biennial budgeting. Save battle. Frankly, I think it would be a my hope that as this subject I am some money for those agencies and de- nice tribute to Senator DOMENICI if, about to talk about moves ahead, it partments that are worried about their when he completes his tenure, distin- would be something that would inter- budgets and maybe even save our con- guished as it has been in the Senate, est him as well. stituents a little money on air travel. we were to pass a 2-year budget. 2-YEAR APPROPRIATIONS Finally, a 2-year budget would create I thank the Chair, and I yield the I can make my point quickly and a more stable system of government floor. simply. We have heard a lot this year because Congress has proven it cannot The ACTING PRESIDENT pro tem- that the people of this country would complete its budget process each year. pore. The Senator from North Dakota. like a change in the way we do business It can’t do it. Funding delays would Mr. DORGAN. Mr. President, Senator in Washington, DC. One way to do that surely occur less often and less fre- ALEXANDER has not indicated to me the is change how we go about our busi- quently with a 2-year budget, and the purpose of his presence on the floor, ness. That means I would prefer, and I Federal agencies could function more but we are most anxious to get started believe almost all of us would prefer, effectively. on the Indian Health Care Improve- and I know the people would prefer, Process often does drive policy. The ment Act. That was scheduled for 9:30 that we focus on big issues and we current budget process, the current ap- this morning. I wish to begin an open- come up with good principled ideas. propriations process, we know, is not ing statement at some point, and I And then we debate those principles, working. It is an embarrassment to us. know Senator MURKOWSKI would, and and then we reach across the aisle, be- It embarrasses us every year, not just we want to do a managers’ package. cause it takes 60 votes to get anything because the Democrats failed last year Senator COBURN is here, because I done here to come to a result. in their first year in the majority, but asked if he would be here at 9:30, and We did that on the economic stim- because Republicans failed too, con- he has a number of amendments. I ap- ulus, we did that on energy, we did that sistently, to pass budgets in an effec- preciate very much his work and his ef- on terrorism, and it didn’t mean we tive way. It is a bipartisan problem. We forts on Indian health care. I am hop- didn’t have debates. We had big de- need to look no further than the $400 ing we can work with Senator COBURN bates. That is why we are here. But we billion deficit projected for this year, this morning to deal with some of his came to a result and the result had to or our Nation’s $9 trillion debt to know amendments. I know he has filed a be bipartisan. I am not so interested in we are not being effective in managing number of them, and he and I have had the bipartisanship as I am interested in the taxpayers’ money. many discussions about it. I appreciate the result. I heard Rick Warren speak By itself, a 2-year budget will not end his attendance. He has just walked into the other day, and he said he wasn’t so the profligate spending of Congress, the Chamber. interested in interfaith dialog as he that is for sure. But a 2-year budget Our interest is in getting a lot of was interested in good works. cycle would be a huge improvement. I work done this morning and this after- I think that is what the people want have no doubt about it. Twenty-one noon in order to try to see if we can to see from us. My suggestion for good States currently operate with a 2-year finish this bill. This will be the third works and for results is that we adopt budget cycle. I think it is time for Con- day that the Indian Health Care Im- a 2-year appropriations budget process, gress to do the same. provement bill has been on the floor, so as described by the Senator from Ala- When I was working on this the last I wish to begin on that. I know Senator bama and as advocated by the Senator several years, when the Republicans ALEXANDER has appeared, though I from New Mexico, Senator DOMENICI. had a majority in the Senate, I felt as don’t know for what purpose, and per- This is not a Republican idea, this is

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S996 CONGRESSIONAL RECORD — SENATE February 14, 2008 not a Democrat idea, this is a good adopt a 2-year budget for spending. We Regrettably, it has not been ade- idea. It has the support of Senator are going to spend every other year re- quately delivered. So I am going to FEINGOLD from the other side, and it vising and repealing laws and make the talk a little bit later. I know my col- has the support of the independent Government run efficiently. And we league, Senator COBURN, is on the Sen- Senator, Senator LIEBERMAN, so I are going to get our appropriations and ate floor, and he has amendments. I am would hope it has strong support all budgeting done on time. We can save going to give him an opportunity to across the aisle here. the taxpayers dollars so that States, speak. I am as well, but I will have an Let me give an example or two of cities, companies, and countries that opportunity later this morning to de- why it would make a difference. When deal with the United States of America scribe in much greater detail why there we debate the higher education bill in can do so in a timely and efficient way. is an urgency and why this system a few weeks, I am going to ask permis- I thank the President, and I thank must be improved. We cannot wait any sion to bring on the floor several boxes again the Senator from North Dakota longer. containing all the rules and regula- and the Senator from Alaska for allow- I yield the floor. tions that 6,000 higher education insti- ing me this time. The ACTING PRESIDENT pro tem- tutions in this country must wade Mr. DORGAN. Mr. President, we are pore. The Senator from Alaska is rec- through in order to accept students going to turn now to the Indian Health ognized. who receive a Federal grant or a loan. Care Improvement Act, and I am going Ms. MURKOWSKI. Mr. President, I The stack of boxes is about that high— to be very brief, and I know my col- thank the chairman of the Indian Af- that many rules and regulations. But league will as well because we will fairs Committee for his leadership on this new higher education bill that we have a chance later to speak at greater this very importation reauthorization will likely pass doubles the number of length. bill. As he has indicated, this work is a rules and regulations. Maybe some of The Indian Health Care Improvement long time in coming, and it is a col- them are needed, but what we haven’t Act has been the subject of reauthor- laborative effort not only of those on had time to do is go through that stack ization for many years, and the Con- the committee, those of us who rep- of boxes as tall as I am to see if we can gress has not been able to do it. The resent so many in Indian country cut the regulations in half. We don’t fact is we have very serious problems across the Nation, but truly for so with respect to Indian health care. The have time to do that. many who have put so much work into If we spent every other year drawing Indian Health Service is a very impor- this reauthorization, this very impor- up a budget and our appropriations tant Federal agency. We have some tant health care reform. bills, and then, in the odd year, going people who work in that area who do We do have amendments we have re- back through rules, laws, and regula- important work and are good and dedi- ceived and are looking forward to hav- tions already on the books, I think we cated people, but the fact is the system ing discussion on them. As Chairman isn’t working very well. We have Amer- would have a strong force for fewer DORGAN has noted, Senator COBURN ican Indians—the first Americans, by rules, fewer regulations, and fewer will have an opportunity to offer some the way—who are supposed to get laws. And also more effective, if not of those this morning. But in the spirit health care as a result of treaties and less, spending. of focusing on what we have in front of A second example. The State of Mis- trust responsibilities who are not get- us today, I think it is important that souri has told the Department of ting the health care they deserve. we keep in mind we have an obligation I will again, later today, describe the Transportation that with the Federal to advance a health care system that horrors of Indian health care that does money we already give the State of has been left behind the times in terms not work. People are dying, people are Missouri, they can repair every broken of any updates, whether it is in the routinely being denied the health care bridge they have in 5 years. They can that every one of us would expect for area of behavioral health or telemedi- do this as long as we let them do it ourselves and our family. We are trying cine or substance abuse or what we are first under their rules and regulations, to reauthorize the Indian Health Care doing with diabetes treatment or how without waiting for our appropriations Improvement Act after 8 years. Eight we are moving forward with construc- process. In other words, if we let them years ago, it was supposed to have been tion of facilities. We recognize that we build the bridges and then we buy the reauthorized. Eight years later, we are have a ways to go in updating the sys- bridges to reimburse them, according still on the floor of the Senate, strug- tem. This is important and is nec- to specifications, we don’t have to gling. essary. spend any more money to fix all the So my hope is, perhaps we will now Recognizing the limitations on Sen- broken bridges in Missouri. succeed. Senator MURKOWSKI and the ator COBURN’s time at this point, I What that should indicate to us is Indian Affairs Committee have worked yield to the Senator so he can offer his the gross inefficiency of our appropria- on a piece of legislation that is not amendments. We will continue our con- tions and budget processes when it giant reform, it is not a huge step for- versation later in the morning. comes to building roads, when it comes ward, but it is a step forward in the The ACTING PRESIDENT pro tem- to making contracts, when it comes to right direction. pore. The Senator from Oklahoma. waging war. Our process wastes billions Some of my colleagues—I believe my Mr. COBURN. Mr. President, first of of dollars a year. No wonder the people colleague, Senator COBURN—will say all, let me thank the chairman and of this country are upset with us. we need much larger reform. I do not ranking member, Senator MURKOWSKI, Final action on appropriations meas- disagree with that. I am going to be for their work on this effort. ures has occurred, on average, 86 days supporting much broader reform in In- AMENDMENTS NOS. 4024 THROUGH 4037 TO after the start of the fiscal year. And dian health care. But if you cannot get AMENDMENT NO. 3899 our fiscal year starts when? On October a modest step in the right direction, Oklahoma is the No. 1 State in the 1. I mean, who else begins their year on how on Earth can you get big, bold re- country as far as tribal members. In- October 1? That is not the Chinese cal- form? dian health care is an issue on which endar, it is not most Americans’ cal- This is the first step in a two-step we are struggling, and there are all endar, but it is our fiscal calendar. So process to fix what is wrong. I think sorts of components for it. I am going everybody has to adjust their business this Indian Health Care Improvement to ask unanimous consent now to bring to a strange year, and then we never Act will give us substantial oppor- up my amendments numbered 4024 meet it. tunity to improve the health care in through 4037 as if brought up individ- My hope is that this year we can the lives of American Indians. ually and ask that each be set aside so honor Senator DOMENICI and ourselves. Let me make the point that is impor- they will be considered pending. I ask We can add a Democratic name right tant. We owe this health care through unanimous consent that be carried out up there with his, as prominently, and treaties, through a trust responsibility. at this time. we can say to the country: We are We have made commitments. We owe Mr. DORGAN. I have no objection to going to change the way Washington this health care to American Indians that. The Senator and I have talked does business. We are going to do it in through promises the Federal Govern- about this. He wants to get all of his a bipartisan way. We are going to ment has made. amendments pending. But he will be

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S997 asking for discussion and votes on a ‘‘(B) creating any new privilege concerning ‘‘(4) the overall health outcomes in Indi- number of them. disclosure. ans, as compared to the overall health out- Mr. COBURN. Far less than what I AMENDMENT NO. 4028 TO AMENDMENT NO. 3899 comes of other residents of the United bring up. (Purpose: To provide a blood quantum re- States; Mr. DORGAN. I have no objection. quirement for Federal recognition of In- ‘‘(5) patient satisfaction of Indians receiv- dian tribes) ing health care services through the Service; The ACTING PRESIDENT pro tem- ‘‘(6) the total amount of funds of the Serv- On page 347, after line 24, add the fol- pore. Without objection, it is so or- ice expended for— lowing: dered. ‘‘(A) direct medical care; and The amendments are as follows: SEC. 104. BLOOD QUANTUM REQUIREMENT FOR ‘‘(B) administrative expenses; FEDERAL RECOGNITION OF INDIAN ‘‘(7) the health care coverage options avail- AMENDMENT NO. 4024 TO AMENDMENT NO. 3899 TRIBES. (Purpose: To ensure that tribal members re- Effective beginning on the date of enact- able to Indians receiving health care services ceive scientifically effective health pro- ment of this Act, in determining whether to through the Service; motion services) extend Federal recognition to an Indian tribe ‘‘(8) the health care services options avail- At the appropriate place in title VIII of the or other Indian group under part 83 of title able to Indians; and Indian Health Care Improvement Act (as 25, Code of Federal Regulations (or successor ‘‘(9) the health care provider options avail- amended by section 101), insert the fol- regulations), the Secretary of the Interior able to Indians. lowing: shall require that each member of the Indian AMENDMENT NO. 4032 TO AMENDMENT NO. 3899 ‘‘SEC. 8ll. SCIENTIFICALLY EFFECTIVE HEALTH tribe or group possess a degree of Indian (Purpose: To protect rape and sexual assault PROMOTION SERVICES. blood of not less than 1⁄512. victims from HIV/AIDS and other sexually ‘‘Notwithstanding any other provision of AMENDMENT NO. 4029 TO AMENDMENT NO. 3899 transmitted diseases) this Act, coverage of health promotion serv- (Purpose: To require a study of membership At the appropriate place in the Indian ices under this Act shall only be for medical criteria for federally recognized Indian Health Care Improvement Act (as amended or preventive health services or activities— tribes) by section 101), insert the following: ‘‘(1) for which scientific evidence dem- ‘‘SEC. lll. TESTING FOR SEXUALLY TRANS- On page 347, after line 24, add the fol- onstrates a direct connection to improving MITTED DISEASES IN CASES OF SEX- lowing: health; and UAL VIOLENCE. ‘‘(2) that are provided in accordance with SEC. 104. GAO STUDY OF MEMBERSHIP CRITERIA ‘‘The Attorney General shall ensure that, applicable medical standards of care. FOR FEDERALLY RECOGNIZED IN- with respect to any Federal criminal action DIAN TRIBES. involving a sexual assault, rape, or other in- AMENDMENT NO. 4025 TO AMENDMENT NO. 3899 Not later than 1 year after the date of en- cident of sexual violence against an Indian— (Purpose: To clarify the absence of author- actment of this Act, the Comptroller General ‘‘(1)(A) at the request of the victim, a de- ization of racial preference in employment) of the United States shall conduct a study of fendant is tested for the human immuno- At the appropriate place in title VIII of the membership criteria for federally recognized deficiency virus (HIV) and such other sexu- Indian Health Care Improvement Act (as Indian tribes, including— ally transmitted diseases as are requested by amended by section 101), insert the fol- (1) the number of federally recognized In- the victim not later than 48 hours after the lowing: dian tribes in existence on the date on which date on which the applicable information or ‘‘SEC. 8ll. NO RACIAL PREFERENCE IN EMPLOY- the study is conducted; indictment is presented; MENT. (2) the number of those Indian tribes that ‘‘(B) a notification of the test results is ‘‘Notwithstanding any other provision of use blood quantum as a criterion for mem- provided to the victim or the parent or this Act, nothing in this Act authorizes any bership in the Indian tribe and the impor- guardian of the victim and the defendant as racial preference in employment. tance assigned to that criterion; soon as practicable after the results are gen- AMENDMENT NO. 4026 TO AMENDMENT NO. 3899 (3) the percentage of members of federally erated; and recognized Indian tribes that possesses de- (Purpose: To modify a provision relating to ‘‘(C) such follow-up tests for HIV and other grees of Indian blood of— child sexual abuse and prevention treat- sexually transmitted diseases are provided as (A) 1⁄4; ment programs) are medically appropriate, with the test re- (B) 1⁄8; and sults made available in accordance with sub- Strike paragraph (5) of section 713(b) of the 1 (C) ⁄16; and paragraph (B); and Indian Health Care Improvement Act (as (4) the variance in wait times and ration- ‘‘(2) pursuant to section 714(a), HIV and amended by section 101) and insert the fol- ing of health care services within the Service other sexually transmitted disease testing, lowing: between federally recognized Indian Tribes treatment, and counseling is provided for ‘‘(5) To identify and provide behavioral that use blood quantum as a criterion for victims of sexual abuse. health treatment to Indian perpetrators and membership and those Indian Tribes that do AMENDMENT NO. 4033 TO AMENDMENT NO. 3899 perpetrators who are members of an Indian not use blood quantum as such a criterion. household making efforts to begin offender (Purpose: To allow tribal members to make AMENDMENT NO. 4030 TO AMENDMENT NO. 3899 and behavioral health treatment while the their own health care choices) perpetrator is incarcerated or at the earliest (Purpose: To ensure tribal members have ac- On page 336, between lines 13 and 14, insert possible date if the perpetrator is not incar- cess to the highest levels of quality and the following: cerated. safety in the Service) ‘‘SEC. 817. TRIBAL MEMBER CHOICE DEMONSTRA- At the end of section 713 of the Indian Strike section 221 of the Indian Health TION PROJECT. Health Care Improvement Act (as amended Care Improvement Act (as amended by sec- ‘‘(a) IN GENERAL.—The Secretary shall es- by section 101), add the following: tion 101) and insert the following: tablish a demonstration project in not less ‘‘(d) LIMITATION ON FUNDING.—Treatment ‘‘SEC. 221. LICENSING. than 3 Service Areas (chosen by the Sec- shall be provided for a perpetrator pursuant ‘‘Nothing in this Act preempts any State retary for optimal participation) under to this section only if the treatment is sci- requirement regarding licensing of any which eligible participants shall be provided entifically demonstrated to reduce the po- health care personnel. with a risk-adjusted subsidy for the purchase of qualified health insurance (as defined in tential of the perpetrator to commit child AMENDMENT NO. 4031 TO AMENDMENT NO. 3899 sexual abuse again, and shall not provide the subsection (f)) in order to— (Purpose: To promote transparency and ‘‘(1) improve Indian access to high quality basis to reduce any applicable criminal pun- quality in the Service) ishment or civil liability for that abuse. health care services; At the appropriate place in title VIII of the AMENDMENT NO. 4027 TO AMENDMENT NO. 3899 ‘‘(2) provide incentives to Indian patients Indian Health Care Improvement Act (as to seek preventive health care services; (Purpose: To clarify the effect of a title) amended by section 101), insert the fol- ‘‘(3) create opportunities for Indians to At the appropriate place in title VII of the lowing: participate in the health care decision proc- Indian Health Care Improvement Act (as ‘‘SEC. 8ll. GAO ASSESSMENT. ess; amended by section 101), insert the fol- ‘‘Not later than 1 year after the date of en- ‘‘(4) encourage effective use of health care lowing: actment of the Indian Health Care Improve- services by Indians; and ‘‘SEC. 7ll. CRIMINAL CONDUCT. ment Act Amendments of 2008, the Comp- ‘‘(5) allow Indians to make health care cov- ‘‘Nothing in this title— troller General of the United States shall erage and delivery decisions and choices. ‘‘(1) establishes any defense, not otherwise conduct, and submit to Congress a report de- ‘‘(b) ELIGIBLE PARTICIPANT.— applicable under law, for any individual ac- scribing the results of, an assessment of— ‘‘(1) VOLUNTARY ENROLLMENT FOR 12-MONTH cused of any crime, including physical or ‘‘(1) the average wait time of patients in PERIODS.— sexual abuse of children or family violence; the Service; ‘‘(A) IN GENERAL.—In this section, the term or ‘‘(2) the extent of rationing of health care ‘eligible participant’ means an Indian who— ‘‘(2) preempts or otherwise affects any ap- services in the Service; ‘‘(i) is a member of a federally-recognized plicable requirement for— ‘‘(3) the average per capita health care Indian Tribe; and ‘‘(A) reporting of criminal conduct, includ- spending on Indians eligible for health care ‘‘(ii) voluntarily agrees to enroll in the ing for child abuse or family violence; or services through the Service; project conducted under this section (or in

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S998 CONGRESSIONAL RECORD — SENATE February 14, 2008

the case of a minor, is voluntarily enrolled ‘‘(2) EXCLUSION OF CERTAIN OTHER CON- later than the date that is 1 year after the on their behalf by a parent or caretaker) for TRACTS.—Such term shall not include insur- date of enactment of this section and shall a period of not less than 12 months in lieu of ance if a substantial portion of its benefits be conducted for a period of at least 5 years. obtaining items or services through any In- are excepted benefits (as defined in section ‘‘(B) EXTENSIONS.—The Secretary may ex- dian Health Program or any other federally- 9832(c) of such Code).’’. tend the program for such additional periods funded program during any period in which AMENDMENT NO. 4034 TO AMENDMENT NO. 3899 as the Secretary determines appropriate, un- the Indian is enrolled in the project. (Purpose: To allow tribal members to make less the Secretary determines that the pro- ‘‘(B) VOLUNTARY EXTENSIONS OF ENROLL- their own health care choices) gram is unsuccessful in achieving the pur- MENT.—An eligible participant may volun- On page 336, between lines 13 and 14, insert poses described in subsection (a), taking into tarily extend the participant’s enrollment in the following: account cost-effectiveness, quality of care, the project for additional 12-month periods. and such other criteria as the Secretary may ‘‘SEC. 817. TRIBAL MEMBER CHOICE PROGRAM. ‘‘(2) HARDSHIP EXCEPTION.—The Secretary specify. ‘‘(a) IN GENERAL.—The Secretary shall es- shall specify criteria for permitting an eligi- tablish a program in geographically feasible ‘‘(2) REPORTS TO CONGRESS.—During the ble participant to disenroll from the project Service Areas (as determined by the Sec- initial 5-year period in which the program is before the end of any 12-month period of en- retary, taking into account those Service conducted, and during any period thereafter rollment to prevent undue hardship. Areas that are likely to have optimal par- in which the program is extended, the Sec- ‘‘(c) SUBSIDIES REQUIREMENT.—The average ticipation) under which eligible participants retary shall periodically submit reports to amount of all subsidies provided to eligible shall be provided with a risk-adjusted sub- Congress regarding the progress of program. participants enrolled in the demonstration sidy for the purchase of qualified health in- Each report shall include information con- project established under this section for surance (as defined in subsection (f)) in order cerning the populations participating in the each 12-month period during which the to— program, participant satisfaction (deter- project is conducted shall not exceed the ‘‘(1) improve Indian access to high quality mined by indicators of satisfaction with se- amount equal to the average of the per cap- health care services; curity, affordability, access, choice, and ita expenditures for providing Indians items ‘‘(2) provide incentives to Indian patients quality) as compared with items and services or services from all Indian Health Programs to seek preventive health care services; that the participant would have received for the most recent fiscal year for which ‘‘(3) create opportunities for Indians to from Indian Health Programs, and the im- data is available. participate in the health care decision proc- pact of the program on access to, and the ‘‘(d) SPECIAL RULES.— ess; availability of, high quality health care serv- ‘‘(1) TREATMENT.—The amount of a subsidy ‘‘(4) encourage effective use of health care ices for Indians. provided to an eligible participant in the services by Indians; and ‘‘(f) QUALIFIED HEALTH INSURANCE.— project shall not be counted as income or as- ‘‘(5) allow Indians to make health care cov- ‘‘(1) IN GENERAL.—In this section, the term sets for purposes of determining eligibility erage and delivery decisions and choices. ‘qualified health insurance’ means insurance for benefits under any Federal public assist- ‘‘(b) ELIGIBLE PARTICIPANT.— which constitutes medical care as defined in ance program. ‘‘(1) VOLUNTARY ENROLLMENT FOR 12-MONTH section 213(d) of the Internal Revenue Code ‘‘(2) BUDGET NEUTRALITY.—In conducting PERIODS.— of 1986 without regard to— the demonstration project under this sec- ‘‘(A) IN GENERAL.—In this section, the term ‘‘(A) paragraph (1)(C) thereof, and tion, the Secretary shall ensure that the ag- ‘eligible participant’ means an Indian who— ‘‘(B) so much of paragraph (1)(D) thereof as gregate payments made to carry out the ‘‘(i) is a member of a federally-recognized relates to qualified long-term care insurance project do not exceed the amount of Federal Indian Tribe; and contracts. expenditures which would have been made ‘‘(ii) voluntarily agrees to enroll in the ‘‘(2) EXCLUSION OF CERTAIN OTHER CON- for the provision of health care items and program conducted under this section (or in TRACTS.—Such term shall not include insur- services to eligible participants if the project the case of a minor, is voluntarily enrolled ance if a substantial portion of its benefits had not been implemented. on their behalf by a parent or caretaker) for are excepted benefits (as defined in section a period of not less than 12 months in lieu of ‘‘(e) DEMONSTRATION PERIOD; REPORTS TO 9832(c) of such Code).’’. obtaining items or services through any In- CONGRESS.— AMENDMENT NO. 4035 TO AMENDMENT NO. 3899 dian Health Program or any other federally- ‘‘(1) DEMONSTRATION PERIOD.— funded program during any period in which (Purpose: To prioritize patient care over ‘‘(A) INITIAL PERIOD.—The demonstration administrative overhead) project established under this section shall the Indian is enrolled in the program. At the appropriate place in title VIII of the begin not later than the date that is 1 year ‘‘(B) VOLUNTARY EXTENSIONS OF ENROLL- Indian Health Care Improvement Act (as after the date of enactment of this section MENT.—An eligible participant may volun- amended by section 101), insert the fol- and shall be conducted for a period of 5 tarily extend the participant’s enrollment in lowing: years. the program for additional 12-month periods. ‘‘(2) HARDSHIP EXCEPTION.—The Secretary ‘‘SEC. 8ll. REQUIREMENT. ‘‘(B) EXTENSIONS.—The Secretary may ex- tend the project for such additional periods shall specify criteria for permitting an eligi- ‘‘Not less than 85 percent of amounts made as the Secretary determines appropriate, un- ble participant to disenroll from the program available to carry out this Act shall be used less the Secretary determines that the before the end of any 12-month period of en- to provide the medical services authorized project is unsuccessful in achieving the pur- rollment to prevent undue hardship. by this Act. ‘‘(c) SUBSIDIES REQUIREMENT.—The average poses described in subsection (a), taking into AMENDMENT NO. 4036 TO AMENDMENT NO. 3899 amount of all subsidies provided to eligible account cost-effectiveness, quality of care, participants enrolled in the program estab- (Purpose: To prioritize scarce resources to and such other criteria as the Secretary may lished under this section for each 12-month basic medical services for Indians) specify. period during which the program is con- On page 121, strike line 15 and insert the ‘‘(2) PERIODIC REPORTS TO CONGRESS.—Dur- ducted shall not exceed the amount equal to following: ing the 5-year period described in paragraph the average of the per capita expenditures ‘‘(c) PRIORITIZATION.—Before providing any (1), the Secretary shall periodically submit for providing Indians items or services from hospice care, assisted living service, long- reports to Congress regarding the progress of all Indian Health Programs for the most re- term care service, or home- or community- demonstration project conducted under this cent fiscal year for which data is available. based service pursuant to this section, the section. Each report shall include informa- ‘‘(d) SPECIAL RULES.— Secretary shall give priority to the provision tion concerning the populations partici- ‘‘(1) TREATMENT.—The amount of a subsidy of basic medical services to Indians. pating in the project, participant satisfac- provided to an eligible participant in the ‘‘(d) DEFINITIONS.—For the purposes of this tion (determined by indicators of satisfac- program shall not be counted as income or section, tion with security, affordability, access, assets for purposes of determining eligibility AMENDMENT NO. 4037 TO AMENDMENT NO. 3899 choice, and quality) as compared with items for benefits under any Federal public assist- and services that the participant would have ance program. (Purpose: To prioritize scarce resources to received from Indian Health Programs, and ‘‘(2) BUDGET NEUTRALITY.—In conducting basic medical services for Indians) the impact of the project on access to, and the program under this section, the Sec- On page 121, strike line 15 and insert the the availability of, high quality health care retary shall ensure that the aggregate pay- following: services for Indians. ments made to carry out the program do not ‘‘(c) EFFECTIVE DATE.— ‘‘(f) QUALIFIED HEALTH INSURANCE.— exceed the amount of Federal expenditures ‘‘(1) EFFECTIVE DATE.—This section takes ‘‘(1) IN GENERAL.—In this section, the term which would have been made for the provi- effect on the date on which the Secretary ‘qualified health insurance’ means insurance sion of health care items and services to eli- makes the certification described in para- which constitutes medical care as defined in gible participants if the program had not graph (2). section 213(d) of the Internal Revenue Code been implemented. ‘‘(2) CERTIFICATION.—The certification re- of 1986 without regard to— ‘‘(e) IMPLEMENTATION; REPORTS TO CON- ferred to in paragraph (1) is a certification ‘‘(A) paragraph (1)(C) thereof, and GRESS.— by the Secretary to Congress that— ‘‘(B) so much of paragraph (1)(D) thereof as ‘‘(1) IMPLEMENTATION.— ‘‘(A) the service availability, rationing, relates to qualified long-term care insurance ‘‘(A) INITIAL PERIOD.—The program estab- and wait times for existing health services contracts. lished under this section shall begin not within the Service are—

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S999 ‘‘(i) acceptable to Indians; and that have to happen for us to live up to and this is an important thing—the ‘‘(ii) comparable to the service availability the commitment that we have made to conservation of health; in other words, and wait times experienced by other resi- Native Americans. the prevention of disease, which Chuck dents of the United States; and The myriad of problems facing Indian Grim was just starting to get into, but ‘‘(B) the provision of services under this we do not have the funding to do it the section will not divert resources from or neg- health care in Indian country are many atively affect the provision of basic medical of the same issues that are facing way we need to do it. We know the and dental services by the Service. health care delivery throughout rural manifestation of diabetes and addic- ‘‘(d) DEFINITIONS.—For the purposes of this America. They are compounded, how- tion and hypertension and heart dis- section, ever, in this system by a system that ease among our tribal members is high- Mr. COBURN. Let me start by say- refuses to recognize its own role in er than any other group in our country. ing, improving the health care of Indi- holding back health care delivery for Yet the conservation of health has not ans in this country is a widely sup- Native Americans. been exploited, the paradigm shift that ported goal. Senator DORGAN’s heart is In designing health care reforms, has to happen in Native American care in the right place on this issue. He markets work when they are allowed to where we go to prevention instead of knows the problems we have, and he to. They lower the price of all goods treatment of disease. It is not in here. spent countless hours trying to get to and services, and they attract much We are not doing it. this point with this bill. I do not want needed outside investment. Many Last year, we spent $3.18 billion to be seen—I have told him, and I com- tribes in Oklahoma are at the forefront doing this. If we just funded it at the mitted to him my goal is not to block of new and innovative health care de- level we fund per capita veterans care, his progress on this bill. livery systems. They are poised to be- we should be funding $6.5 billion in Na- However, I believe this legislation as come a model for delivery throughout tive American health care. That is just drafted does not fix the underlying the system. on a per capita basis, let alone any problems. He and I have had several Congress must ensure, however, that structural changes on how we might conversations about that. It does not their efforts are not discouraged or make preventative care, quality care, fix rationing that is going on today. It stopped altogether by the current sys- timely care, and compassionate care a does not fix waiting lines that are tem. Furthermore, there is no good part of Native American care. But we going on today. It does not fix the infe- reason that forward-thinking tribal are not doing that. Indians in compari- rior quality that is being applied to a governments should not be prevented son with the general population are 6.5 lot of Native Americans and Alaskans from developing market-driven health times more likely to die from alco- in this country. It does not fix any of care centers of excellence that will at- holism. That is a disease we need to be those problems. In fact, it authorizes tract researchers, physicians, and pa- preventing. That is a health care prob- more services without making sure the tients for cutting edge lifesaving treat- lem. They are six times more likely to money is there to follow it. The aver- ments. We do not do that in this bill. die from tuberculosis, a preventable age Native American in this country Furthermore, this legislation fails to disease; three times more likely to die has $2,100 per year spent on them. focus on empowering individual tribal from diabetes, a controllable and now Now, let’s put that in perspective. members. Individual patients tend to preventable disease, it is a preventable The average veteran we take care of receive better care and more effective disease; 2.5 times more likely to die has $4,300. The average individual per care when they are empowered to make from an accident. person, per capita, expenditure in our their own health care decisions. Con- Now, how can we look those statis- country is $7,000. Yet we are going to gress should explore ways to accom- tics in the face and say we have met pass a bill that does not fix anything. plish this objective and give tribal citi- our treaty obligations? We have failed. It does not fix the real problems about zens a reason to invest in their own We have absolutely failed. Only 71 per- addressing the No. 1 problem which is, health. Long lines, bureaucratic head- cent of Native Americans receive pre- we are not sending enough dollars to aches, and rationed substandard care natal care. That means one out of four meet the treaty obligations that we completely disallow this sort of invest- Native American moms who get preg- have with Native Americans. So really ment. That is what we have. nant do not have any prenatal care. We what this bill is, it is called the Indian Our Chairman has been on the Senate ought to be ashamed. We have failed. We have failed. Health Care Improvement Act, but it floor multiple times showing how we Eighteen percent of Native Ameri- improves our position with tribes be- are rationing care, how we have lines, cans who are pregnant smoke. That is how we do not give quality care, how cause we have done something, but it twice the rate of others. Where is our we take contract health care—it runs does not improve health care. It is not prevention? Where is our education? out in 4 or 5 months. And so what hap- going to improve health care. It is Where is the priority on what we can pens? People who need care do not get going to increase the availability of do something about? services without the money, without it, and we have not fixed that in this American Indians suffer from a great the control, without the quality, with- bill. Yet we are calling this health care death rate from chronic liver disease out eliminating the waiting lines. improvement. and cirrhosis. It is 22.7 per 100,000. That As a matter of fact, it is going to add The health care status of tribal mem- is twice what it is for Whites and three to the waiting lines as I read this bill, bers ranks below the general popu- times what it is for African Americans as somebody who is somewhat experi- lation. The Federal Government has in this country. We know what causes enced in medicine. Those who say a been providing health care to tribal it. We do not put the dollars there. We failure to reauthorize the Indian members for 175 years. The first time have not put in a streamlined preven- Health Care Improvement Act is a vio- was to give them a smallpox vaccine in tion program. lation of our trust obligations are cor- 1807. That is when we started Indian My words are harsh. They are not in- rect. However, I believe simply reau- health care. And what we are doing tended for either the chairman or the thorizing this system with minor modi- today in comparison to what our trea- ranking member. I passionately care fications is an even greater violation of ty obligations are—in comparison, it is that we meet our commitments, and so that commitment. It is a greater viola- the same thing we are doing to the vet- I do not want you to take the words I tion. Dozens of tribal leaders are not erans when we tell the veterans: We are say as directed toward you because I expressing enthusiasm for the current going to give you health care and do know you care as well. structure. not give it. It is the same thing we tell Where we have a difference is in the Chuck Grim, an Oklahoman, head of schools: We are going to have an IDEA ‘‘now.’’ What do we do now rather than this service, knows what is broken. I program and then not fund it. It is what do we do later? I think we should have had lots of conversations with morally bankrupt legislation that does be doing it all now. I think we should him. We know what is broken, we know not meet the commitments that we say radically change how we approach our how to fix it, but we have to be bold in we have. obligations in Native American health how we go about fixing it. We are not The Snyder Act of 1921 provided a care in this country. bold in this. We are not changing it. We broad and permanent authorization for Rationing plagues Indian Health are not doing the structural changes Federal Indian programs, including— Services. It is rationed care. That is

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1000 CONGRESSIONAL RECORD — SENATE February 14, 2008 why it is not good care. That is why it cess because there is a distance to trav- stetrics and Gynecology is 14. We aver- is not consistent care. That is why it is el, we are going to see the same prob- age six with Native Americans. You not preventative care, because we don’t lem. Nobody is going to go until they can’t call that care. have the resources. We haven’t applied absolutely have to. So we lose the ben- Under an overburdened system such the resources to the need. Senator DOR- efit of prevention. as this, drastically expanded services GAN has had numerous hearings. He has Most of the facilities in this GAO re- to four broad new areas—and this is the spoken on the floor about this ration- port did not have the staff or equip- problem I have with this bill—will only ing crisis. But if we don’t radically ment to offer services onsite so they drain the resources available to the change the system, if we don’t change resorted to contract care. The contract basic core medical services. We are incentives in the system, improving care budget, of course, is small. So going to expand where we can offer new the old will just bring more failure. what happens? We ration contract care services. Many of these people are al- The job vacancy rate for dentists is at 12 of the 13 facilities. This idea of ra- ready eligible under Medicaid or Med- 32 percent. They don’t have 80 percent tioning isn’t a political statement; it is icaid anyway, but we are going to ex- of the nurses they need. They don’t a reality. We are not doing what we are pand it. What is going to happen is, the have 85 percent of the optometrists, committed by treaty to do. Now we are tribal government is going to offer the and they only have 86 percent of the going to bring a bill to the floor that service, and they are going to take the doctors, based on the present system. I doesn’t meet that commitment. We are money off the top. They are going to am proposing a better system with bet- still not going to meet the commit- put that into the rest of the tribal ter care based on prevention, a para- ment. We will improve it, but we need funds. So we are actually going to take digm that says it is a whole lot cheaper to overhaul it. We need a top-down, money out of dollars for health care for to prevent your illness than it is to complete change in how we approach tribal members by expanding care and treat it once you get it. It is common our commitment to Native Americans not making sure there are adequate to hear in Indian Country—and I have as far as health care. If we did that, we funds. heard the chairman say it—‘‘don’t get could offer a whole lot more care for a Making new promises, when we don’t sick after June. Contract money is whole lot less money. keep current ones, doesn’t help the Na- gone. If you get sick after June, noth- We have a bureaucracy that is stum- tive American population. Let’s keep ing will happen. You will not get the bling all over itself. We are spending the promises we have already made be- referral to the center to take care of money. I will get to the point on the fore we expand services and not throw you because we don’t have the money. number of bureaucratic positions in money at it. It sounds good. The tribes A quote from Dr. Charles Grim, who IHS that don’t deliver any care. Gaps like to hear what we are going to do. has been a stellar leader for the IHS: in services result in diagnoses and We are going to add these four services, We’re only able to provide a certain level treatment delays which, of course, but we are not funding the services we of dental services in certain populations. make the health of the patient worse are supplying now. Why would we add We’re only able to refer a certain level or and raise the cost. IHS reports that services knowing that? If we do it, we number or types of referrals with our con- their facilities are required to pay for are going to do it on the cheap. But it tract health service budget into the private all priority one services but admit that feels good because they think we are sector. . . . But I guess one generalized many of their facilities’ available funds doing something, when, in fact, we are statement would be that we have a defined are expended before the end of the fis- not fixing the problems. It is kind of population and a defined budget. . . . But it cal year and the payment isn’t made. like taking a loan out on a brandnew has led to rationing in some parts of our I experienced that in my own home- health care system. car when you can’t buy food. It is the town. People come to Hastings Hos- same thing. That is what we are doing Here is the former head of IHS admit- pital to deliver a baby. Our hospital ting we are rationing the care. When with these additional services. hasn’t been paid on contract care for The majority of the bill is more of we ration care, we don’t match up need years. So those in the rest of the com- the same. I have expressed to the chair- with resources. We say: Here are all the munity are going to pay for it. The man that I think we need to radically resources there are regardless of what problem is, there is no continuity in overhaul the care of Native Americans. the need is. We don’t get on the leading care. Prenatal care was provided. Now I will have a lot more to say. I do have edge on prevention. We don’t get on the all of a sudden you don’t have a record some complications with other com- leading edge on treatment because we and you have somebody you have to mitments in terms of markup. My staff are scrambling to keep the doors open. take care of, let alone that the private e-mailed me a moment ago that you How can we have a coherent, fair hospital that is there isn’t going to get have made some substantive changes in health care system when we are ration- paid for the service. Somebody is going the managers’ amendment on some of ing because the demand is so far great- to pay for the service, but contract the Medicaid and the tribal issues re- er than we are willing to supply the re- health care isn’t. So the fact is, one in lated to urban Indians. I will get with sources? four Native Americans in Alaska aren’t you and try to discuss that because it According to a GAO report in 2005, getting prenatal care. And we know the may affect some of my amendments. I health care services are not always risk. The average cost for a premature wasn’t aware of that until this morn- available to Native Americans. There baby is $250,000, let alone the con- ing. are wait times and insufficient care. sequence of the problems those kids I will have an amendment I will talk GAO visited 13 IHS-funded facilities in have. Why in the world would we ever about now. I don’t know that I will 2005 and found waiting times at four allow that to happen? It is akin to when I actually bring it back up. One range from 3 to 6 months to get in to pouring money down the drain because way to meet our commitment to Na- see anybody. Six months? That is we have not addressed prenatal needs tive Americans is to give them options. worse than England. What happens of Native Americans. According to CBO, the amendment I when you can’t get in? The disease gets Twenty-one percent of those who do will be offering costs no money. It is a worse. The complications are worse. get care have less than three prenatal zero cost. But what it allows Native The quality of the your health gets visits on average. That is one in four Americans is an insurance policy that worse. Also, the cost to meet the need has less than three prenatal visits. says you can apply this and go to any explodes. So what we have done is That is like not having prenatal care. Indian Health Service you want to or raised the cost of care. But more im- Yet we count that as if they had pre- anywhere else in the country you want portantly, we have failed on our com- natal care. What do we think the con- to, but you get to choose. The same mitment to provide health to Native sequences will be? The antenatal, post- dollars get spent, but the services will Americans. natal, and perinatal consequences to be far superior. Three IHS facilities had 90-mile one- the Native American population are There are two results. One, when we way visits to get into a clinic, many higher. The birth complications are do that, it makes the Indian Health without transportation available to higher because we are not doing the Service have to get more competitive. them. Three of these, the average was prenatal care. No. 2, and most profoundly, when we do 90 miles to get to a clinic. Even if they The average recommended prenatal that, we finally live up to our commit- have the resources and there is no ac- visits by the American College of Ob- ment that is embodied in every treaty

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1001 we have with Native Americans. Here for deserve better than is in this bill. hypertension have not been managed, is the real care. It is not rationed. It is Actually, I believe Chairman DORGAN thinks we can wait. not limited to contract funds. You believes that too. He believes this is a The body will probably think we can don’t have to get in line to wait in line. stepped process. They deserve a choice. wait. But I think we have a moral obli- You don’t have to get an appointment They deserve the security to know gation to meet our commitments, and to get an appointment. You don’t have they can get health care when they that means radical change. When you to travel 90 miles, if you don’t want to. need it. They deserve quality. They de- have a cancer, you do not treat it You don’t have to have your care ra- serve the health care outcomes the rest lightly. You go in, you cut it out, you tioned. And at no cost increase to the of this country enjoys that they pres- treat it, you follow it, and you aggres- Indian Health Service, we can give Na- ently do not have. sively change things so you make an tive Americans their own health insur- Throughout this debate on this bill, impact in the quality of that person’s ance policy which gives them freedom, you will hear the same statistics on ra- life. dignity, and choice. tioning, wait lines from both the I think we have to do better. I appre- I know that will be controversial. It Democrats and Republicans. We see it. ciate the efforts of the chairman and is not controversial with any Indian I We know it is there. Some will argue it ranking member. My hope is we will have talked to. It is controversial with is a solution that just involves passing live up to our obligations. tribal leaders because it takes the this bill that has new programs. Every With that, I yield back the floor. dominance of tribal leaders away and time we pass an Indian Health Care Im- The ACTING PRESIDENT pro tem- gives freedom to members of the tribes provement Act bill, we cite the same pore. The Senator from North Dakota. to whom we have made a commitment terrible statistics. We pass the bill be- Mr. DORGAN. Mr. President, the for health care. cause we need to do something. But Senator from Oklahoma cannot pos- So as we offer that amendment and each time we pass the Indian Health sibly win a debate we are not having. I look at it, I know there will be objec- Care Improvement Act, Indian health have given his speech 17 times on the tions, but it does—most importantly, care does not improve. floor of the Senate. There is no dis- with the same dollars—allow us to ful- What does that mean? We pass an In- agreement between us. I am going to fill a commitment we are not fulfilling dian Health Care Improvement Act, give him a chance to be bold, however, today. It allows a pregnant Native but Indian health care does not im- as we go down the road on appropria- American to have 14 visits, allows her prove. Indian health care never im- tions because that is what he started to have the same care anybody else proves because we never fix the ineffi- talking about: the need for the re- would have. It allows us to get better ciency that plagues the IHS. We just sources, the need for the money. We outcomes. It allows us to get a patient reauthorize and add new regulations, have to reform this system. I agree into an endocrinologist, where they new obligations to the same dinosaur. with that. Then we have to fund it. The will manage their diabetes so they will Now, the statistics I was referring to fact is, we are going to have amend- not have complications. Kidney failure earlier: The Indian Health Service has ments that add sufficient money. You is twice as high in this population as 14,392 employees, including 2,192 com- talk about the fact that we are spend- anybody else. Why? Because diabetes is missioned officers; the latter COs in- ing twice as much per person on Fed- not managed. How many of you have clude 8 Assistant Attorneys General, eral prisoners for health care as we are gone into a dialysis center and watched 439 director grade individuals, 601 sen- to meet our responsibility for Amer- people sit there for 8 hours a day, ior grade individuals. The salaries for ican Indians—twice as much for those chained to a machine to keep them the COs total $135 million. The salaries we have incarcerated because we have alive, because we didn’t keep our com- for all other IHS employees is esti- a responsibility for their health care. mitment by having the dollars there to mated at $655 million. The IHS spent Now, we need additional money in prevent the complications of diabetes? $33.7 million on travel last year. On this system, and we need an overhaul This gives an equal ranking to a Na- travel? Think about what $33 million of the system itself. The Senator will tive American as a Member of Con- could do in terms of prevention for the find no controversy with me with re- gress. You can have preventative care complications of diabetes for American spect to giving American Indians a for your diabetes so you don’t end up Indians and Native Alaskans. card to show up at a health facility and on dialysis or with an amputation or The other significant thing is, IHS get the health care they need. He losing your vision. It offers them hope. carried, in 2005—I do not have the num- knows, and I know, there are many It offers honor and integrity because ber for 2006 or 2007 yet—their obligated American Indians who live far out on a we finally keep our commitments. balance at the end of the year was $162 reservation, 90 miles away from the I wanted to talk about a couple other million. Just efficiency in how we nearest hospital, and they do not have things and then I will close and come spend the money could improve health competition in the health delivery sys- back. I appreciate the chairman giving care in Indian Country. tem. They have one place to go when me this time. As Congress discusses In- I say to the Senator, Mr. Chairman, I they are sick that morning or their dian health care over the next several appreciate your efforts. I know you are child is sick that afternoon. days, America as a country should take truly committed to trying to make a So we are going to have a chance to note of what a single-payer system difference. I believe we need to be bold. be bold. This is an authorization bill, means in terms of the quality of care I believe we have an obligation to do not an appropriations bill. When appro- we can expect. America should not go better. I believe this is short of the priations come up, we will have a the route of a single-payer system. mark. So I am going to be voting chance to be bold. I hope the Senator That is what we are seeing. That is against this bill. I am going to be offer- will join me on that. what we have in IHS. It is a single- ing amendments to try to make it bet- Let me make a couple comments payer system. The promise sounds al- ter. I say to the Senator, I know in the about this issue. luring, but the reality is inevitably long run you and I have a lot of com- Mr. COBURN. Mr. President, will the negative. It is negative in terms of pre- monality in how we go about trying to chairman yield for a couple moments? vention. It is negative in terms of care. solve this problem. Mr. DORGAN. I am happy to. It is negative in terms of complica- I do not think Indian Country can Mr. COBURN. Mr. President, I wish tions. It is negative in terms of innova- wait for us to come back. I do not to make a couple comments, and then tion. It is negative in terms of the par- think the lady who gets on a dialysis I have to go to a markup. adigm of prevention. machine today for the first time thinks You will find me an ally on appro- Second, fixing the system for our Na- we can wait. I do not think the lady priations if we have the courage to tive Americans demands more than who pops into the delivery room who make priority choices on where we adding more new programs and serv- has not had any prenatal care thinks fund money. You know that. That has ices. We need a fundamental overhaul we can wait. I do not think the person been my history. But we do not have of the system. The Members of feder- who ends up with coronary artery dis- extra money, so that means we have to ally recognized tribes whom we have a ease at 40 years of age, because their take it from something else. My goal trust obligation to provide health care diabetes and their cholesterol and their will be that we take from the waste we

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1002 CONGRESSIONAL RECORD — SENATE February 14, 2008 all know is there and we put it to the Ta’shon Rain Littlelight got sick, ice, and the Indian Health Service doc- commitments. and they took her to the health clinic. tor says: ‘‘Wrap it in cabbage leaves for So I look forward to that debate. I They treated her for depression. Again 4 days.’’ That is Indian health care. think you are right. I think we need to and again, they treated her for depres- That is unbelievable, just unbelievable up the ante, and we need to add the sion. Even her grandparents said: Well, to me. money. But there is plenty of money the way her fingers look, with the My colleague from Oklahoma says, for us to go get, and I hope the chair- swelling of the fingertips, and so on, well, he does not support this bill be- man will help me go get it so we can there must be something else wrong. cause it is not bold. I have been on the put it there. Well, one day, of course, they had to floor of the Senate. I have offered Thank you. fly her to Billings, MT, and then imme- amendments to add $1 billion to Indian Mr. DORGAN. Mr. President, I cer- diately fly her to Denver, CO, where health care, and it gets defeated. I have tainly will do that. they discovered she had terminal can- seen the budget that came last week It is interesting, we are spending $16 cer and about 3 months to live. from this administration that says billion a month, $4 billion a week to re- She asked if she could go see Cin- they want less money for Indian health plenish the accounts for the war in Iraq derella’s Castle, so Make-A-Wish gave care. and Afghanistan and other issues. her the opportunity, with her mother, Let me put up something Chief Jo- There are plenty of places for us to de- to go to Orlando, FL, to see Cin- seph said years and years ago. We took cide it is time to fix things here at derella’s Castle. This little girl with all this Indian land, took all those mil- home. terminal cancer, the night before she lions and millions of acres—hundreds But I wish to talk about a couple of was to see Cinderella’s Castle, in the of millions of acres—from the Indians, issues. First of all, there are waiting motel room in Orlando, FL, told her but we said to them: Trust us. We will lines. There is rationing. The Senator mother, ‘‘I am so sorry. I am going to make you a promise. We will sign trea- from Oklahoma is absolutely correct. try to be better, Mommy. I won’t be ties. We will tell you that we will pro- vide for your health care. We believe Dr. Grim, by the way, came to the sick anymore.’’ And she died in her we have a trust responsibility. You can Committee in support always of the mother’s arms that night. This little 5- President’s request, saying that was trust us. year-old died because the system did Well, regrettably, that responsibility enough because he had a responsibility not work. has not been met. Those promises have and a requirement to support the I have shown a picture of Avis not been kept. Here is Chief Joseph. He President’s budget. But get him off the Littlewind. She was 14 years of age, said: dais at the hearing and ask him the lying in a fetal position in a bed for 90 Good words don’t last long unless they question, and he would admit there is days and then finally took her own life amount to something. Words don’t pay for rationing. About 40 percent of the because there was no mental health my dead people. . . .Good words cannot give health care that is needed by American treatment available on that reserva- me back my children. Good words will not Indians is not available. That is health tion—no mental health treatment give my people good health and stop them care rationing. That would be scan- available to try to help that little girl from dying. dalous if it were happening in other who felt hopeless and helpless. I care a lot about this issue. In my parts of the country. It ought to be This is a photograph, by the way, of State, we have four Indian reserva- front page headlines, but you will not Avis Littlewind on the Spirit Lake Na- tions. I have spent a lot of time with hear and you will not read many sto- tion Reservation. Avis was 14, and she them. The fact is, we have people living ries about it, regrettably. took her life. Her sister took her life. in the shadows. We have people living But the fact is, we have a cir- Avis took her life. in abject, desperate poverty. cumstance that brings tears to my This is a photograph of Ardel Hale I sat with a young girl once at a eyes. I disagree with the Senator from Baker. Ardel Hale Baker was having a table with her grandfather. This was a Oklahoma that this is not a worthy heart attack, diagnosed as having a young girl who was put in a foster bill. This is a step forward in the right heart attack on an Indian reservation. home at age 3. The woman who put her direction. It is not the reform we need, They wanted to send her to a hospital in a foster home was working 150 but this is a two-step process. If you an hour and a half away. She did not cases—150 cases. She did not have time cannot get this kind of thing done for want to go in the ambulance because to go check out the home, so she put a 10 years, how on Earth are you going to she knew if it did not get paid some- 3-year-old girl in a foster home. And on decide to do something much bolder? how, she would have to pay it, and she a Saturday night, in a drunken party Now, we just faced a budget that did not have any money. They put her brawl, a young 3-year-old girl got her came up last week that says not only in an ambulance anyway and took her arm broken, her nose broken, and her hair pulled out by the roots. That do we not have enough money for In- to the hospital. As Ardel Hale Baker young girl will live forever with those dian health care, let’s cut it. The Presi- was being taken off the gurney in the emergency room in the hospital, to be scars. dent says, let’s cut what we do have, at One hundred and fifty cases a social put on a hospital gurney, here is what a time when we have 40 percent ration- worker is dealing with? There is such was taped to her thigh—a piece of ing. So we are fighting a battle just to unbelievable difficulty because the re- keep the money we have. We need paper taped to the thigh of this Indian sources do not exist. We have people much more if we are going to do what woman; and it was to the hospital from living in Third World conditions. we promised we were going to do. the Department of Health and Human We had a tribal leader, a chairman of But let me show the Senator a photo- Services—it was saying, by the way, a tribe, say: ‘‘My two daughters live in graph, if I might. Let me show him a ‘‘If you admit this woman, understand used trailer houses that we moved from photograph of Ta’shon Rain Littlelight there is no money in contract health Michigan to the reservation in South because he says the system does not care to pay for her,’’ warning the hos- Dakota. They don’t have indoor plumb- work. I showed the photograph before pital: ‘‘Admit this woman and it is ing. They have an outdoor rest room, because her family has given me per- very likely you will not be paid.’’ This outdoor toilet. One of them has a wood mission. This beautiful young 5-year- woman is having a heart attack, and stove in the living room of the trailer old girl is dead. She is dead, in my shows up with a piece of paper taped to house vented out through the window.’’ judgment, because of a system that her leg, saying: ‘‘There is no money for I have seen all of these things. I have does not work. you to be paid, if you admit this experienced all of this. My colleague They took her again and again and woman to your hospital,’’ or the has seen the same in Alaska. We have again and again to the clinic. It was on woman who goes to the Indian Health people living in Third World conditions the Crow Reservation in Montana, Service with a knee that is so painful in this country. There is a full-scale, where I held a hearing and her grand- she cannot walk. It is bone on bone; an bona fide crisis in health care, housing, mother stood up with this photograph. unbelievable problem with her knee and education. This bill deals with the She told about little Ta’shon Rain that you or I or our family would get question of health care. We have a spe- Littlelight. You can see she loved to fixed by having a new knee joint put cial responsibility, unlike other re- dance. in. She goes to the Indian Health Serv- sponsibilities, because this country has

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1003 promised. We have signed treaties. The no contract health care. It has com- tentious issues that have bedeviled Supreme Court says we have a trust re- pletely ruined her credit rating because people on both sides of the aisle for sponsibility. We have not kept our she doesn’t have anything to pay for it, quite a long time. In the best spirit of promise, and we have not met our re- and the Indian Health Service did not working to get legislation accom- sponsibility. I am just flat tired of it. serve her needs. She was also treated plished in a bipartisan way, staffs from My colleague says: Let’s be bold. No- for depression. She had a heart valve the committee itself and the two Sen- body wants to be bolder than I want to problem that needed surgery, and she ators I mentioned and my staff and be, but we haven’t been able to get a was treated for depression. When she fi- others rolled up their sleeves, sat bill through here in 10 years, for God’s nally found a way to get the surgery, it down, and have worked out very satis- sake. If you can’t pass a bill in a dec- could not be paid for by Indian con- factory resolutions to three big prob- ade, how on Earth are you going to be tract health because they were out of lems that previously existed. As far as bold? Let’s at least take a step in the funds. ‘‘Don’t get sick after June.’’ We I know now, those issues are totally re- right direction. I am going to follow had one reservation tell us, don’t get solved, language is ready to be sub- that with step 2 on the Indian Affairs sick after January, because they didn’t stituted into the bill, and it represents Committee, and that is bold, dramatic have the money. This poor woman sat a real achievement to try to move this reform, because this system is not there in the chair sobbing as her sister bill forward. I appreciate their coopera- nearly as good as it can be. recounted the details of her desperate tion, and I commend the others who He talks about: Why would you add attempt to deal with a health care have worked on it as well. new services? Well, services dealing problem that was very acute. I must say also that I am looking for- with diabetes, with cancer screening, So, yes, I am a little bit emotional ward to working with the Senator from with mental health—let’s add those about these issues. When we have peo- North Dakota when he comes to the services because they are needed, and ple say, well, let’s do much more, I say: State of Arizona to address another then let’s decide, when the appropria- Absolutely. Let’s do much more than issue dealing with Indian Country; that tions bill comes around, to add the we are now doing. Let’s do that in ap- is, the deplorable state of law enforce- funding. My colleague knows this is an propriations. That is an awfully good ment, of facilities to deal with people authorization bill, not a funding bill. start. who are apprehended on Indian reserva- We will have a chance to be bold. Let’s This is an authorization bill which tions, and the staff to deal with those. see who is going to be bold. Let’s add does a lot more than the current Indian Crime is a huge problem, as is health the funding to keep our promises, for a Health Care Improvement Act. It does care, on our Indian reservations change. a lot more in areas we know are in ur- throughout the country. It is ne- My colleague talked a lot about Dr. gent need. glected. It needs more attention. I ap- Grim. I like Dr. Grim. He retired—re- We have teen suicide clusters on In- plaud the Senator from Alaska and the signed, I should say—from the Indian dian reservations. In the northern Senator from North Dakota for their Health Service. Dr. Grim came every Great Plains, there is a 10 times great- attention to this as well, and I look year, supporting the President’s budg- er rate of suicide among teenagers—not forward to working with them. et. He knew it was not adequate. We double, triple, or quadruple, but 10 Finally, I would note just on a per- know we are rationing health care. The times the rate of suicide. I went and sonal basis that a very good thing hap- fact is, we all know it. We need to stop sat and talked with kids on that res- pened to me because of the Indian it. Are we rationing health care with ervation, the one where we had a clus- Health Service, even though there are incarcerated prisoners in Federal pris- ter recently. It was just me with some a lot of improvements which need to be ons? No, we are not, because we have a high school kids, talking about what is made in that. Were it not for the In- responsibility for them. We arrest going on, what is their life like. It is dian Health Service, I probably them, we convict them, we send them unbelievable. wouldn’t be married to my wife right to prison, and then it is our responsi- We need to address these things. now. One might say: How on Earth did bility to provide for their health care That is what we try to do in this Indian that happen? But it happened because in Federal prisons, and we do it. We Health Care Improvement Act. It is not her father was a pharmacist with the spend twice as much per person for perfect, but it is certainly a step in the Indian Health Service, and I had the them as we do for American Indians. right direction. good fortune of being assigned to Tuc- Yet we have the same responsibility for I have other things to say, and my son, AZ, to work on what was then American Indians because we made the colleague may wish to weigh in, as called the Papago Indian Reservation, promise, signed the treaties, and told well. My hope will be at the end of the now the Tohono O’odham. As a result, them we would provide for these needs. day today that we will be able to get his daughter—now my wife—attended What gives us the right to continue to the amendments up and get them voted the University of Arizona, where we break our promises? We have done it on. Some of the amendments my col- met, and the rest is history, as they for decades and decades over almost 200 league described, I likely will support, say. So I have had some knowledge and years. What gives us the right to con- because I think we can improve this information about this for a long time. tinue to do that in the face of little piece of legislation. I think at the end I wish to make the point that there children who are dying and in the face of the day, all of us will hope we will are—and I know the Senator from of elders who can’t get health care? have done something we are proud of, North Dakota and the Senator from What gives us that right? to say to those who don’t now have Alaska agree with this—thousands of I say to my colleague, if you want to adequate health care or whom we dedicated personnel who are serving be bold, we are going to have a chance promised health care that we have our Indian community throughout all to be bold together, because this coun- made a step forward in trying to meet of our States under great difficulty. try ought to stare truth in the face and those needs. The working conditions are not good, look at what is happening on Indian Mr. President, I yield the floor. but the professionals are very profes- reservations. The ACTING PRESIDENT pro tem- sional. They are very good. They are The other night, I was on an Indian pore. The Senator from Arizona is rec- dedicated and really work hard on be- reservation, having a listening session ognized. half of our Native American citizens. It with Indians. There were two sisters Mr. KYL. Mr. President, let me make is as much to give them the resources sitting in the front row. One sister just a few comments in response to the they need as well as to help those stood up to speak, and the other sister Senator from North Dakota. whom they serve to get this legislation sobbed uncontrollably—cried and First of all, I commend him for his adopted and move the process forward. sobbed. It was an unbelievable story work on this bill, as well as the Sen- So I compliment those who have been about the sister who desperately need- ator from Alaska, who has worked very working on this important legislation ed health care and couldn’t get it and hard to get this bill in a position where and hope that in the remainder of this couldn’t find it. She finally had her it could be brought to the floor and day—and I will make this point to my heart surgery, and of course it was considered by this body—in particular, colleagues—that if you have amend- charged back to her, because there was in helping to work out some very con- ments you think would improve this

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1004 CONGRESSIONAL RECORD — SENATE February 14, 2008 legislation, please bring them to the Senator BARRASSO yesterday brought It has been mentioned we have not floor so that we can complete work on forward an amendment that asks for a reauthorized the Indian Health Care this legislation, so that we can take GAO study to look to the efficiency. Improvement Act in some 10 years. the amendments up and we can dispose There are some other amendments that Think about what has happened in this of them. Based upon the work we have have been introduced that also task us country in terms of health care and done in the past, I think it is quite pos- with evaluating to make sure we are how we provide health care, how we sible that a lot of good suggestions can doing right by the programs that are focus on prevention in the last 10 be considered by staff and eventually put in place, how the funding is di- years, the technologies that are made Members and perhaps adopted without rected to them, and are we doing what available to us, and also the areas of the need to take up the full Senate’s we need to be doing. I think it is fair to focus. Behavioral health is something time. But, in any event, bring your say that we recognize it is not suffi- about which in my State of Alaska we amendments down here so we can move cient, it is not enough. We do need to have been forced to be innovative. We this legislation forward as soon as pos- be doing more, and certainly, as the do not have the psychologists and the sible to do so. chairman of the Indian Affairs Com- psychiatrists who are available in all of The ACTING PRESIDENT pro tem- mittee has mentioned, we have to put our little communities. We have been pore. The Senator from North Dakota our money where our mouth is. We forced to utilize a telehealth system, is recognized. have to put our money toward those and we are absolutely making some re- Mr. DORGAN. Mr. President, let me programs. We have to make sure we markable progress. But through this thank the Senator from Arizona. He put the resources there to make the Indian Health Care Improvement Act has been working very hard with us to difference. and what we are allowing for, we can try to move this bill along. I would say The Senator from Oklahoma spoke allow for expanded opportunities to to my colleagues on this side of the about the rationed care. It is not ra- help, such as in the area of behavioral aisle as well: If you have amendments, tioned care because we just don’t want health. I have a whole list of other programs please bring them. The majority leader to give it; it is rationed care because of that are also included—programs to has indicated we are going to finish the lack of resources, and that is very control blood pressure, immunizations, this bill this week, and that will be a real and something that must be dealt youth suicide prevention, injury pre- significant step forward. I thank the with, and it must be dealt with in a Senator from Alaska and the Senator vention, sudden infant death syndrome very strong way. training, tobacco cessation programs. from Arizona for their work to help us The Senator from Oklahoma really These are all programs that go right to move this bill. He is correct that we spoke as well to the issue of preven- the heart of prevention. These are ini- had four or five very controversial tion, and it was his opinion in his com- issues that provoked some opposition. tiatives that will help us reduce our ments that this Indian Health Care Im- costs, that will help us keep people We worked through those, negotiated, provement Act doesn’t go far enough, and I think all of them are now re- from becoming ill in the first place, that we need to be doing more in the keep people from losing a limb due to solved. area of prevention. He speaks to a part I think when the Senator from Alas- diabetes, keep young people from hav- of me that I feel very strongly about. ka has completed any statement she is ing to live a life afflicted with FAS or When we talk about health care in this going to make, we do have the man- FASD. country, whether it is in Indian Coun- agers’ amendment that amends the There are initiatives contained with- try or in the United States as a whole, substitute we had offered, and that has in this legislation that need to be au- it has been referred to as not a system been negotiated and agreed to on both thorized, need to be updated and in- of health care, it is a system of sick sides. So when Senator MURKOWSKI has cluded to allow American Indians and completed her statement, we will ask care. We take care of you after you are Alaska Natives the same opportunity that it be completed as well. sick. It is no different within the In- for preventive care that we find wher- The ACTING PRESIDENT pro tem- dian health system. That does have to ever we go in the country in a commu- pore. The Senator from Alaska is rec- change. We must focus on the preven- nity hospital or in the clinic down the ognized. tion. We know this. We are seeing this. street. We have to make sure these pro- Ms. MURKOWSKI. Mr. President, I We are working here in the Congress to grams are included. understand that the Senator from Or- change those policies to help put great- Mr. President, I see Senator SMITH egon, Mr. SMITH, is on his way to the er focus on prevention because we has arrived. In recognition of his time floor, so when he arrives, I will yield know for a fact that we can reduce limitations today, I yield to him so he such time to him as he needs. I know costs if we focus on prevention. can speak to an amendment he is pro- he wants to speak to an amendment. Now, the Senator from Oklahoma has posing. I wish to take just a couple of min- indicated that there isn’t enough here The PRESIDING OFFICER (Mr. utes this morning to respond to some in the Indian Health Care Improvement KOHL). The Chair recognizes Senator of the comments made by the Senator Act in the area of prevention. I want to SMITH. from Oklahoma. Clearly, he is very mention some of the initiatives that AMENDMENT NO. 3897 TO AMENDMENT NO. 3899 passionate about Indian health care are included in the legislation that will Mr. SMITH. Mr. President, I ask and making sure that we do right by make a difference, that will reduce unanimous consent to call up for con- our treaty obligations and that we do health care costs, and that will provide sideration amendment No. 3897. right by all American Indians and for greater access. It is in the area of The PRESIDING OFFICER. Without Alaska Natives when it comes to their prevention. objection, it is so ordered. health care needs. He cited some of the Diabetes—we have all listened to the The clerk will report. The assistant legislative clerk read obvious. Unfortunately, the statistics stats. They are absolutely unaccept- as follows: are real. In fact, the statistics may be able. We have to be doing more when it even more devastating than he has in- comes to diabetes prevention. We must The Senator from Oregon [Mr. SMITH], for be doing more to keep the elderly himself, Ms. CANTWELL, Mr. WYDEN, Mr. dicated because we know that a lot of CRAPO, and Mrs. MURRAY, proposes an times our statistics aren’t as reliable woman whom he was discussing off of amendment numbered 3897 to amendment as we may want, and, in fact, they are the dialysis machine. We have to have No. 3899. worse than what we have seen. the focus there. So included within the Mr. SMITH. Mr. President, I ask When he spoke to prenatal care, legislation is a focus on diabetes pre- unanimous consent that the reading of when he spoke to the incidence of dia- vention. the amendment be dispensed with. betes and substance abuse and suicides, We also look to the issue of domestic The PRESIDING OFFICER. Without we know they are horrific statistics. violence and sexual assault. Again, in objection, it is so ordered. We recognize we must do more. I, too, these areas, our statistics with our The amendment is as follows: applaud him for bold action, for reform American Indians and our Alaska Na- (Purpose: To modify a provision relating to in a system that has been unwieldy and tives are absolutely unacceptable. Are development of innovative approaches) bureaucratic and stovepiped in so we doing enough in the area? No, we Strike subsection (f) of section 301 of the many areas. need to do more. Indian Health Care Improvement Act (as

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1005 amended by section 101) and insert the fol- amendment is just that: a good-faith tionately affect Native Americans—di- lowing: compromise that will provide equity to abetes, alcoholism, suicides that result ‘‘(f) DEVELOPMENT OF INNOVATIVE AP- the health facility system. It does so from mental disorders, and so many PROACHES.—The Secretary shall consult and others. The purpose and the mission of cooperate with Indian Tribes and Tribal Or- by providing the Indian Health Service ganizations, and confer with Urban Indian the authority to use an area distribu- this bill is to connect those cures with Organizations, in developing innovative ap- tion fund which would allocate a por- those who need it most, those who have proaches to address all or part of the total tion of health facility construction sought it longest, and through the dis- unmet need for construction of health facili- funds to all 12 Indian Health Service mal chapters of our Nation’s history ties, that may include— areas to improve, expand, or replace have a unique claim to those cures and ‘‘(1) the establishment of an area distribu- existing health care facilities. treatments. tion fund in which a portion of health facil- This area distribution fund is not the I urge the adoption of this amend- ity construction funding could be devoted to idea of a single Senator or a single re- ment. all Service Areas; gion of the country. It is the product of I yield the floor. Mr. President, I sug- ‘‘(2) approaches provided for in other provi- gest the absence of a quorum. sions of this title; and years of work and compromise by the Indian Health Service and tribes and The PRESIDING OFFICER. The ‘‘(3) other approaches, as the Secretary de- clerk will call the roll. termines to be appropriate.’’. after Congress recognized the need to create a more equitable facilities con- The legislative clerk proceeded to Mr. SMITH. Mr. President, I rise call the roll. today to speak in favor of reauthor- struction system. The current system has been locked Mr. COLEMAN. Mr. President, I ask izing the Indian Health Care Improve- unanimous consent that the order for ment Act. I begin by thanking Chair- into place since 1991, and it will be over 20 or 30 years before funding will go to the quorum call be rescinded. man DORGAN and Ranking Member The PRESIDING OFFICER. Without new projects. I do not see how that is MURKOWSKI for their leadership and for objection, it is so ordered. fair and equitable if we have an obliga- building on the momentum from the Mr. COLEMAN. Mr. President, I rise tion to all. in support of the Mikulski-Coleman- last Congress to reauthorize this very Sadly, this has resulted in wide dis- Klobuchar amendment to place a mora- important and overdue reauthorization parities in the level of health services torium on CMS’s December 4 rule on of this act. provided to tribal communities across Like most of my colleagues, I feel Medicaid case management services. the country. I believe this amendment that passing this legislation is critical Last night, Senator MIKULSKI—and I represents a rational middle ground on and it is about time. Since passage of joined with her—and Senator KLO- this issue. BUCHAR offered this case management the act in 1976, this legislation has pro- I also want to highlight that this legislation as an amendment to the In- vided the framework for carrying out compromise language is supported by dian health bill being debated on the responsibility to provide Native Ameri- regions of the country with nearly 400 floor. cans with adequate health care. As we of the 561 federally recognized tribes know, the act has not been updated in I begin by saying I fully understand that reside in 23 States. Those folks are the fiscal challenges our entitlement 16 years despite the growing needs out if this does not pass. among Native Americans. We cannot programs face, and I look forward to I also want to add that it is not my the day when we can put politics aside allow the health of this population to intention to rob one IHS area to pay remain in jeopardy any longer. and have an honest and productive dis- another. I believe that an area dis- cussion about how to preserve these Today, funding levels meet only 60 tribution fund works best when and if percent of the demand for services each programs for future generations. I funding for IHS is expanded. We simply think we can all agree that the goal of year which requires the Indian Health have to enlarge this pie so we are not Services tribal health facilities and that conversation is to find a delicate disadvantaging any tribes in the balance between fiscal responsibility urban Indian health care providers to Southwest of our country, but we must ration care, resulting in tragic denials and making sure our Nation’s most not abandon, as we have been, the vulnerable populations still have ac- of needed services. tribes all over the rest of the country. Speaking of the urban Indian health cess to the health care services they so That is why I asked my colleagues to desperately need. Unfortunately, when programs, reauthorization of the act join me in sending a letter to the ad- will facilitate the modernization of the it comes to the case management rule, ministration seeking a 15 percent in- while I support CMS’s intent to cut out systems, such as prevention and behav- crease in IHS funding for fiscal year wasteful spending, it is clear to me ioral health programs, for approxi- 2009. I hope we are successful in this ef- that it fails to achieve this delicate mately 1.8 million Native Americans. I fort. But regardless, we must take balance. sincerely hope we can pass this legisla- steps through this bill to establish a I cannot think of a better way to de- tion and send it to the President for his fairer system—just a fairer system—to scribe case management than to say it signature. distribute Federal funding. is the glue that holds together our Na- Although this bill makes vast and If we are sincere about the title of tion’s Medicaid system. In my home necessary improvements upon existing the legislation at hand—of better meet- State of Minnesota, I have consistently law, it is not perfect. Currently, the ing our statutory, our treaty, and our heard from social workers, county su- vast majority of Federal funding for moral obligations to improve the pervisors, health care providers, and construction and modernization of health care of all Native Americans— others about how devastating this new tribal health care facilities goes to then my amendment should be adopt- regulation will be for at-risk individ- tribes in less than 10 States. Unfortu- ed. uals and families. nately, this bill maintains that in- I ask my colleagues to support this Suffice it to say, when I travel equity among tribes by favoring con- amendment to ensure that all Native throughout Minnesota and I meet with struction in those few States. American Indians receive the health county commissioners, one of the first I offered today an amendment with care they need, they deserve, and what things they say to me is targeted case Senator CANTWELL that will correct we have promised. management and they raise the deep this problem and instill equity among I close with a quote from Morning concern that the proposed CMS rules all of the Native American tribes. Dove, the literary name of Christine will have on their ability to service This concern is particularly relevant Quintasket, a Sa-lish tribal woman needy individuals in my State. I sus- in my home State of Oregon which is 1 from the Pacific Northwest, now recog- pect if my colleagues across the coun- of over 40 States that have never—I re- nized as the first Native American try talk with a county commissioner, peat, never—received funding to build woman to publish a novel. She wrote: this is what they are going to hear. an Indian Health Service hospital. Everything on the earth has a purpose, I hear that without comprehensive Since the beginning of last year, I every disease an herb to cure it, and every case management services, millions of have worked with my colleagues to person a mission . . . this is the Indian the- Americans with mental illness will not find a compromise to resolve this issue ory of existence. be able to access the treatment medi- in a way that is not detrimental to any There are, indeed, cures and treat- cations they need to survive; that peo- region of the country. I believe my ment for the maladies that dispropor- ple living with disabilities will find

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1006 CONGRESSIONAL RECORD — SENATE February 14, 2008 themselves forced to remain in institu- sponsibility, but I cannot support re- The PRESIDING OFFICER. The Sen- tions instead of enjoying the dignity of forms that will have such a destructive ator from South Carolina is recognized. independent community-based living; impact on America’s foster care sys- Mr. DEMINT. Mr. President, I filed a that our most vulnerable children, tem. These children already have number of technical improvements to those in foster care, will be left alone enough obstacles to face. Let’s not this bill, which I wish to work on with to navigate a complex and often over- make their lives more challenging by the chairman to see if we can resolve whelming Medicaid system. taking away these critical case man- these without a vote. These are very That is why I introduced the legisla- agement services. small wording amendments, in some tion this amendment is based on, and I should note that this amendment is cases, that I would like the chairman that is why this legislation is not only fully paid for. Actually, the ‘‘paid for’’ and his staff to look at before I call cosponsored by 19 of our Senate col- is a key step forward in preserving our them up, because I think it is very un- leagues but also has the support of sev- entitlement programs. My investiga- likely we will need votes on these par- eral advocacy groups throughout the tion, as ranking member of the Perma- ticular amendments. country, including the Child Welfare nent Subcommittee on Investigations, AMENDMENT NO. 4067 TO AMENDMENT NO. 3894 League, Muscular Sclerosis Society, revealed that thousands of Medicare Mr. DEMINT. Mr. President, I call for National Alliance on Mental Illness, providers who are supposed to be serv- the regular order with respect to the National Council for Community Be- ing our Nation’s elderly and disabled Bingaman amendment No. 3894 and I havioral Health, and many others. are, instead, cheating American tax- send a second-degree amendment to the All these groups recognize the dev- payers in order to line their own pock- desk. astating effect this regulation will ets. As a solution, a provision in this The PRESIDING OFFICER. The have on those most in need of impor- amendment will save American tax- amendment is pending. tant case management services. payers close to $160 million over the The clerk will report the second-de- Let me take a moment to highlight next 5 years by ensuring that CMS par- gree amendment. some of the fundamental problems with ticipates in the Federal Payment Levy The legislative clerk read as follows: this rule. This new regulation requires Program so that Medicare payments to The Senator from South Carolina [Mr. that case management services must these tax cheats can be levied. The ad- DEMINT] proposes an amendment numbered be delivered by a single case manager, ministration supports this proposal, 4067 to amendment No. 3894. which sounds reasonable enough. How- going so far as to include it in the 2009 Mr. DEMINT. Mr. President, I ask ever, we are talking about populations budget. unanimous consent that reading of the that can have up to four or five or six This amendment is simple. We recog- amendment be dispensed with. chronic conditions. If this rule is final- nize that we need to provide more di- The PRESIDING OFFICER. Without ized, it would require that a single case rection in case management services, objection, it is so ordered. manager provide quality case manage- but all we are asking CMS to do is take The amendment is as follows: ment services to a person who may be another year and work with Congress suffering with HIV, mental illness, and (Purpose: To rescind funds appropriated by and the relevant stakeholders to de- the Consolidated Appropriations Act, 2008, diabetes all at the same time. Should velop a reasonable rule that clarifies for the City of Berkeley, California, and we not have a health system that al- the scope of the case management pro- any entities located in such city, and to lows a team of specialized case man- gram but still provides the critical provide that such funds shall be trans- agers to work together to address each services our most vulnerable popu- ferred to the Operation and Maintenance, of these complex issues? lations rely on. Marine Corps account of the Department of Isn’t the kind of care, integrated care My father was a carpenter by trade. Defense for the purposes of recruiting) a key element of making sure our He told me always that we should At the appropriate place, add the fol- health care system is keeping people measure twice and cut once. In this lowing: healthy, not just treating them when case management program, what we SEC. ll. RECISSION AND TRANSFER OF FUNDS. they get sick? have is individuals working as a sys- (a) RECISSION OF CERTAIN EARMARKS.—All Another concern I have consistently tem to deliver, in the most effective of the amounts appropriated by the Consoli- heard is the new limitations on moving way possible, services to the neediest. dated Appropriations Act, 2008 (Public Law people from an institutional setting to 110–161) and the accompanying report for It makes sense. I understand their con- congressional directed spending items for a less restrictive community-based set- cerns. CMS in my State—and I suspect the City of Berkeley, California, or entities ting. Let me remind you that moving in Wisconsin, the State of the Pre- located in such city are hereby rescinded. people to community-based settings siding Officer—our folks do this well. (b) TRANSFER OF FUNDS TO OPERATION AND was a key recommendation of the CMS found out that, in fact, we are MAINTENANCE, MARINE CORPS.—The amounts President’s own New Freedom Commis- doing it well. We are doing what the rescinded under subsection (a) shall be trans- sion on Mental Health. Yet under this program is supposed to do, with very ferred to the ‘‘OPERATION AND MAINTENANCE, MARINE CORPS’’ account of the Department new rule, case managers would have little waste. If there is waste in other significantly less time to prepare peo- of Defense for fiscal year 2008 to be used for areas of the country, let us have a con- recruiting purposes. ple to move from an institution to a versation about it but don’t hurt the (c) CONGRESSIONAL DIRECTED SPENDING community. Let me also point out that neediest and penalize the States that ITEM DEFINED.—In this section, the term the administration has made ‘‘home are doing a good job in providing co- ‘‘congressional directed spending item’’ has and community-based waivers’’ a key ordinated services to those at risk and the meaning given such term in paragraph element of its Medicaid reform efforts. those in need. 5(a) of rule XLIV of the Standing Rules of I could not be more supportive of this As I said before, this is an issue that the Senate. initiative. We should, whenever pos- each and every time I travel and visit Mr. DEMINT. Mr. President, I ask for sible, make every effort to allow people with my county commissioners, those the yeas and nays on my amendment to live with dignity and independence involved in the unheralded work of and the Bingaman amendment. in the setting of their choice. Unfortu- simply dealing with those in need— The PRESIDING OFFICER. Is there nately, this new rule will stand in the they don’t get a lot of credit being objection to obtaining the yeas and way of these efforts and force many county commissioners, but they are all nays on both amendments in one re- people to remain institutionalized. worried and concerned. They tell me: quest? Finally, this new rule eviscerates Senator, we are doing it right and we Mr. DORGAN. Mr. President, I ob- case management for some of our Na- are about to be penalized. ject. I have not had a chance to visit tion’s most vulnerable children, those We should be better than that. Let’s with my colleague. I wish to do so first. living in the foster care system. By not step back and take a breath and put a The PRESIDING OFFICER. Objec- allowing child welfare workers to pro- hold on the implementation of this tion is heard. vide case management services, many rule, and let’s figure out a way to do it Mr. DEMINT. Mr. President, we will children will be left to fend for them- right. Let’s measure twice and only cut talk about it and get the vote later on. selves when seeking medical services. once. I want to say a few words about this As I said before, I am all for fiscal re- I yield the floor. amendment.

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1007 My amendment is identical to the American policy, while defending dic- million for a school that is already sit- Semper Fi Act, which I introduced tator Hugo Chavez. The group is so dis- ting on a $3.5 billion endowment? along with Senators ALLARD, BOND, respectful that they have no problems Let me be clear, my amendment does BURR, CHAMBLISS, COBURN, CORNYN, demonstrating in front of wounded sol- not cut off all Federal funds to the city INHOFE, MARTINEZ, MCCONNELL, VIT- diers at Walter Reed Medical Center of Berkeley, though I am sure most TER, and probably a number of other with signs reading ‘‘Maimed for a lie.’’ Americans would feel that is justified. Members. Since the bill that is pending The council’s resolution sparked an It merely rescinds wasteful earmarks. now will probably be the last vote be- escalation of anti-Marine protests. Berkeley is free to compete with other fore the recess, I think it is important Code Pink organizer Zanne Joy points towns and cities across America for that we vote on this Semper Fi amend- to the city council as justification for merit-based Federal grants. ment. Last week, when I introduced the escalation. She said that ‘‘anything Actions have consequences. When the the bill, the majority leader did not re- legal is justified if it succeeds in per- Berkeley City Council decided to insult cess so that we could not get this on suading the Marine Corps to move its the Marines in a time of war, it was a the calendar. This is an important bill, recruiting station out of Berkeley.’’ $2 million decision. Especially in a which I will explain in a minute. We According to the San Francisco Chron- time of war, we cannot just allow cities also tried to move it by unanimous icle, Code Pink protesters have been to play insulting games at our troops’ consent through the hotline process, heard shouting at young men who are expense while continuing to shower and all of the Republicans approved the trying to enter the recruiting station, them with congressional favors. bill, but apparently someone on the ‘‘You guys are just cannon fodder!’’ and On Tuesday, the city council met to majority side is holding it. That is why ‘‘They want to train you to kill ba- revisit its ridiculous actions. Hundreds it is important that this amendment be bies!’’ of military supporters and antiwar pro- part of the bill we are considering It is sad to see a city like Berkeley testers gathered at Berkeley City Hall. today. moving so far left. The city in which Berkeley police reported four arrests The Semper Fi Act would rescind all the legendary World War II Pacific before the meeting began, all mis- earmarks, or specially designated Theater Commander, Fleet Admiral demeanors. Police said there were spending projects, contained in the fis- Chester W. Nimitz, established the minor scuffles between the antiwar and cal year 2008 Consolidated Omnibus Ap- Naval ROTC in the fall of 1926 is now promilitary camps. An American flag propriations Act for the city of Berke- sadly a shell of its former self, thanks was set aflame outside the city council ley and entities located therein, and re- to its elected leadership. chambers, damaging a pair of bicycles. directs those funds to the U.S. Marine This is disappointing, but in a repub- When the council meeting finally Corps. lican form of government, it must be started, more than 100 speakers took For those who have not been paying up to local voters to change their lead- turns at the podium. attention, the Berkeley City Council ership. In a sense, what happened in Berke- recently voted to ask the U.S. Marine However, this particular case became ley was a quintessential American ex- Corps to vacate their recruiting office the business of all Americans when perience, a spirited exchange and pro- in town, and that if they chose to stay they insulted our troops and their con- test followed by debate and democratic they did so as ‘‘uninvited and unwel- stitutional mission to defend our coun- action. And while I find some of the come intruders.’’ try; while coming to the Federal Gov- views and behavior of many of the During debate of the resolution, one protestors repugnant, the exchange council member called the Marines ernment asking for special taxpayer- itself is a solemn reminder of those ‘‘the President’s own gangsters’’ and funded handouts. Over $2 million was who have sacrificed so much to pre- ‘‘trained killers.’’ Another said the Ma- secretly tucked away for Berkeley ear- serve our freedom, especially our free- rines had given the country ‘‘horrible marks in the 2008 Omnibus appropria- tions bill, projects that were never dom of speech. karma’’ and said they had a history of Let me be clear. I do not question the ‘‘death and destruction.’’ In a docu- voted on or debated. sincerity of anyone on either side of ment drafted to support the resolution I do not believe a city that has the issue. I think there is genuine con- against the Marines, the council stat- turned its back on our country’s finest cern among many in this country ed: ‘‘Military recruiters are sales peo- deserves $2 million worth of pork bar- about the war. But while we can re- ple known to lie to and seduce minors rel projects. So my amendment re- spect the legitimate worries about the and young adults into contracting vokes these earmarks. war and can respect the sincerity of themselves into military service with Included in the $2 million worth of even the most radical protestors, we false promises regarding jobs, job pork are some particularly wasteful must recognize that words have mean- training, education and other bene- projects. ing and actions have consequences. fits.’’ One earmark provides gourmet or- After voting to insult the men and ganic lunches to schools in the Berke- Some of the hateful words that have women who fight and bleed for their ley School District. While our Marines come out of Berkeley, CA, have had freedom, the city council cast another are making due with MREs of Sloppy real consequences on our troops, their ridiculous vote in favor of giving the Joe and chili with beans, Berkeley stu- families, and our recruiting. radical protest group Code Pink a dents will get Federal tax dollars to de- One of those who spoke at the city parking space directly in front of the sign meals that promote ‘‘environ- council meeting was Debbie Lee of Ari- Marine Corps recruiting station. They mental harmony.’’ Chez Panisse’s zona, whose son Marc was the first also voted to give Code Pink a sound menu features ‘‘Comte´ cheese souffle´ Navy SEAL to die in the Iraq war. She permit for protests in front of the Ma- with maˆ che salad’’, ‘‘Meyer lemon demanded an apology from the council, rine Corps building. The city council e´clairs with huckleberry coulis’’; and and she said: My son gave up his life stated in the resolution that they ‘‘en- ‘‘Chicory salad with creamy anchovy for you. Lee told the council, as she courage all people to avoid cooperation vinaigrette and olive toast’’. That is clutched his framed picture, ‘‘I’m ap- with the Marine Corps recruiting sta- unacceptable. palled at what you did,’’ referring to tion’’ and to ‘‘applaud’’ Code Pink for Are we to understand that the city the council’s vote on Marine recruiters. working to ‘‘impede, passively or ac- that has been home to many of the Debbie Parrish, another military tively’’ the work of the Marines Corps country’s most rich and famous cannot mom whose son Victor is currently in Berkeley. afford to pay for its own designer serving in Iraq, said to the Berkeley Frankly, I just returned from a visit school lunches? City Council: to Iraq, saw our marines on the ground Another $975,000 earmark is for the It is despicable what you said about our and what they were doing. It is incon- Matsui Center for Politics and Public military. It is very, very sad. Shame on you. ceivable to me that any governing body Service at U.C. Berkeley, which may After all the testimony from the in this country would say such things include cataloging the papers of the military supporters and families, the to our marines. late Congressman Robert Matsui. Is it Berkeley City Council could only mus- Code Pink is a fringe organization really necessary to tax the paychecks ter the votes to not send a letter in- that distinguishes itself by attacking of Marines so we can earmark nearly $1 sulting the U.S. Marines by calling

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1008 CONGRESSIONAL RECORD — SENATE February 14, 2008 them ‘‘uninvited and unwelcomed in- geant Strowe is currently fighting to the Senators from Minnesota and my- truders.’’ Let’s be clear. They did not protect our freedom in Kuwait. Ser- self and 17 others and would simply do apologize for the letter. They just geant Strowe understands what the this: It would stop the CMS from im- didn’t mail it. Of course, the sending of Marine recruiters in Berkeley are plementing the new rule by delaying a letter at this point is inconsequential going through quite well because he its implementation until April 2009, given that the text of the letter has served as a recruiter himself for 7 when we have a new President and a been running on national television for years. And he just told me his folks new attitude. a week. The city council also modified serving with him wanted to thank Now, let me give the background. In one of its past resolutions to ‘‘recog- those of us who were standing up for December, CMS proposed this rule that nize the recruiters’ right to locate in them while they were fighting for our would cut Medicaid funding to some- our city and the right of others to pro- country. thing called ‘‘targeted case manage- test or support their presence.’’ After talking with the sergeant, I de- ment’’ services. The rule will go into But the resolution also stated that cided it would be a good idea to call the effect March 3. That is why we are of- the city council opposes ‘‘the recruit- marines at the Berkeley recruiting sta- fering it on this very important bill of ment of our young people into this tion to ask how they were holding up Indian health, and we thank the man- war.’’ amidst all the controversy. I talked to agers of the bill for their courtesy. The resolution proposing a formal GSgt Rick O’Frente, who seemed to be We hear all these government words, apology to the Marines failed. The city taking the events in stride. He even but I am going to talk today not only council also voted to let four addi- said a number of citizens from Berke- as the Senator from Maryland standing tional items passed at last week’s ley had come into the recruitment of- up for my constituents, but also as a meeting stand. One resolution encour- fice, brought them food, and some had professionally trained social worker. aged all people to avoid cooperation apologized for the actions of the coun- What is this? Well, a Medicaid case with the Marine Corps recruiting sta- cil. manager is either a social worker or a tion. A second one requested that the I guess I have said enough about all nurse who helps adults and children city attorney investigate if the Ma- of what we are hearing. I have pages with very complicated problems. Chil- rines are in violation of Berkeley’s pol- and pages of comments from people dren in foster care and children with icy against discrimination based on who are asking us to stand up for our disabilities get the medical and social sexual orientation. marines while they are fighting for us, services they need to be able to have a In addition, two resolutions giving and we will be asking again for votes as quality of life to be independent. But the radical antiwar group Code Pink a part of the deliberations on this pack- what does that mean in real terms? weekly parking space and a weekly age. Well, let me give you an example. sound permit to protest the Marine re- Mr. President, now that I think the I have a constituent in Baltimore, a cruiting station were upheld by the chairman has had a chance to under- 2-year-old, who was diagnosed with a council’s decision. stand in more detail what this bill is genetic disorder that leads to signifi- It was my hope that the city would about, I will once again ask for the cant feeding problems. This disease apologize and revoke its previous reso- yeas and nays on my amendment and causes very severe problems and with- lutions and move on. The council chose the Bingaman amendment. out help in early life. So what does the not to do that. We have no choice but The PRESIDING OFFICER. Is there case manager do? If the case is a very to acknowledge the reality of what objection to obtaining the yeas and complicated medical situation, often they have done and to defend our mili- nays on both amendments at the same the case manager is a nurse. If it re- tary recruiters who are doing the job time? quires lots of complicated social inter- we asked them to do. If we don’t take Mr. DORGAN. I object. I have not vention, it will be a social worker. action, we will be sending a message to had a chance to visit with the Senator, First of all, the case manager gets in other towns or cities that they can use and I will be glad to do so at some there and does a family assessment and their power to try to influence U.S. for- point. works with the doctors, such as Johns eign policy, thwarting our recruitment The PRESIDING OFFICER. Objec- Hopkins or the University of Maryland, efforts. tion is heard. so we know what medical plan is in This issue is not about free speech. It Mr. DEMINT. Mr. President, I yield order for this little child to have the is about a city that has shown total the floor. ability to thrive. Then the case man- disdain for our Armed Forces and used The PRESIDING OFFICER. The Sen- ager works with the family, who is in its official government powers to har- ator from Maryland is recognized. acute distress, to make sure they know ass our military as they try to keep AMENDMENT NO. 4023 someone is on their side and helps our country safe. And this amendment Ms. MIKULSKI. Mr. President, I wish them comply with the treatment plan. is not about forcing the city to change to speak on amendment No. 4023, a Now, what might that be? Well, in its mind. It is about whether we are very important amendment that af- the genetic disorder case, it will be going to shower the city with favors, fects over 200,000 people in my State. I very specialized nutrition services. with special goodies that do not meet am not calling up the amendment right That is a lot of coordination to get the national needs. I think the American this moment, pending some other par- right people there to help that family. people have spoken loudly and clearly liamentary action, but I do wish to It will be also speech and language and that they do not believe that should be speak on the amendment. occupational therapy, so a lot of com- the case. This is a bipartisan amendment spon- pliance to make sure that child will be There is a video with clips of the city sored by Senator KLOBUCHAR, who has able to get what they need. Then, very council meeting on YouTube. It has taken a very impressive lead, as well as important, psychosocial help because been viewed by over 200,000 people. It is Senator COLEMAN. This bipartisan when a child has this type of disorder, the 70th most viewed video this week amendment is to stand up for constitu- there are other very severe psycho- and the 11th most viewed video in news ents all over the United States of social problems that emerge. Then the and politics, with 767 people posting America who are severely disabled and case manager is working with the fam- comments overwhelmingly in support who are about to lose their case man- ily to get the child in the appropriate of the legislation. People are paying agers. very specialized daycare. You can attention. Thousands and thousands and thou- imagine the kind of supervision this is. I am amazed at the response received sands of people—severely handicapped This is tough, hands-on, gritty work. regarding my public outrage over the or disabled, both children and adults— Let’s also take a look at when there city of Berkeley’s behavior. My office are about to lose either their social is a child born with cerebral palsy. has received thousands of calls and let- workers or their nurses because of a Again, you have a biomedical plan and ters from military supporters all over new, harsh, punitive rule put out by the need to get the right education for the country. On Wednesday afternoon, the Centers for Medicaid and Medicare. the child and also assistance for the I received a call from Sgt James The amendment does the same thing as family on how to do it, then a lot of Strowe of the U.S. Marine Corps. Ser- Senate Bill 2578 that is sponsored by nitty-gritty work. In this case, the

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1009 child would be evaluated, say, at the I yield the floor. in 2005. If this rule is put into effect, fantastic Kennedy-Krieger Institute, The PRESIDING OFFICER. The Sen- that funding will be slashed in 2008. where some of the best neurosurgeons ator from Minnesota. I want to use one example; it is from and neuroscientists will be working Ms. KLOBUCHAR. Mr. President, I a county in my State, Dakota County. with them. But the case manager helps rise to speak in strong support of Now, this is not exactly a sort of wild- get the family a wheelchair, a ramp for amendment No. 4023. This is the eyed county; it tends to be a more con- the home, special education services, amendment my friend, Senator MIKUL- servative county in our State. But, like and counseling for the parents because SKI, just spoke about. It is a bipartisan any other county in our State, they this is going to be a significant respon- amendment. Cosponsors are myself, have needs for case management serv- sibility for a long time. Senator MIKULSKI, Senator COLEMAN, ices for people who are mentally ill, Without case management, the whole and many other Senators from across seniors, young kids who need help. This thing falls apart. If you don’t get the this country. county has made a practice of devel- right services for the family in the This amendment would stop the ad- oping a cost-effective, community- home and the educational programs, ministration from making drastic based system of services that relies you will not have the follow through changes to its targeted case manage- heavily on case management. Why did on the biomedical plan that helps them ment system that would hurt those in they do it? Well, they did it to save remain independent or able to grow up. our country who are most in need of money. Now, CMS says they do not want to assistance. Medicaid funding has been key to de- pay for that. They say they have the Targeted case management benefits veloping service alternatives in homes authority from the Deficit Reduction children in foster care, kids and adults and in less expensive settings than in Act and they can just slash these serv- battling mental illness, and seniors and institutional settings. This is the kind ices from Medicaid funding. Well, in disabled people receiving institutional of innovative, cost-effective approach my State, this affects 200,000 people. It care. It exists to help those individuals we want to encourage from Govern- means that over 1,400 social workers to navigate the complicated web of ment. Instead, with this sudden rule and nurses who have devoted their life available services, to help these men, change, they are being punished. Even to helping these families will be im- women, and children overcome bureau- worse, the vulnerable individuals they pacted, and it means a Governor will cratic barriers in order to achieve inde- serve are being punished. have to pick up the bill. In my State, pendence. These services include trans- I always believed this was a country these services cost $150 million, with 50 porting people with disabilities to and where we wrapped our arms around the percent paid by the feds and the other from doctor’s appointments as well as people who need the help. That is what 50 percent paid by the State. managing pharmacy services for indi- America is about. That is what patriot- CMS wants to eliminate the 50 per- viduals with severe mental illness. ism is about. But with this rule slash- cent, which means Maryland will lose These essential services are now and-burn of all these services, they are $75 million. I know Senator KLOBUCHAR threatened by a proposed rule change not wrapping their arms around these will tell us equally horrific stories. from the Centers for Medicare and people, they are rejecting them for Da- Senator COLEMAN has spoken about Medicaid Services. kota County, this suburban county in this. We object to CMS. We object to For 8 years, I served as the chief Minnesota. this rule. We want to delay the rule prosecutor and top lawyer for Min- For States such as California, Colo- until sensible heads prevail. nesota’s largest county, serving Min- rado, Maryland, New Jersey, New We have 20 Senators who have co- neapolis and 45 suburban communities, York, and North Dakota, pulling the sponsored the bill that is the same as with a population of over 1 million peo- plug on targeted case management will this Amendment. They have names ple. In that role, I worked closely with disrupt the lives of those served by such as CARDIN, CORKER, DOMENICI, our county child protection and adult these cost-effective efforts. Further- BINGAMAN, ALEXANDER, VOINOVICH, protection agencies, with our hospital, more, in the end, it will just increase BROWN, SNOWE, WYDEN, SANDERS, KEN- which was the biggest emergency hos- the total costs borne by State, local NEDY—the list goes on. Thirty States pital in the State of Minnesota. So I and Federal governments, which means would be so affected they have taken it saw firsthand what would happen if we all of us as taxpayers also pay more. It upon themselves to write directly to did not prevent people from getting in simply defies common sense. CSM. trouble, what would happen when they Our amendment will postpone the I must say to the distinguished chair- would end up at the emergency room or Center for Medicaid and Medicare Serv- man of the Indian Affairs Committee, when they would end up in the jail be- ices’ rulemaking by 1 year. We need a this also affects his State of North Da- cause they were not getting the nec- year to examine exactly how badly this kota. It affects severely handicapped essary mental health care they needed. will hurt our States and local govern- Native American children. I know firsthand the vulnerability of ments, especially the children, the dis- This is not about who is your favorite these individuals, young and old, and abled, and the seniors who need these bean counter at OMB or how can we the responsibility of Government to services most. control runaway Medicaid costs; it is help them achieve as much independ- I occupy the Senate seat once held by how do we in this country make sure ence, well-being, and dignity as pos- Hubert Humphrey. Some of my col- our constituents and our people get the sible. leagues had the great privilege of serv- services they need to be able to have an When Congress passed the Deficit Re- ing in the Senate with him. Hubert independent life. I believe we can give duction Act in 2005, it clarified exactly Humphrey was someone who, of course, help to those who are practicing self- what services are eligible for payment was never at a loss for words. Many of help. For those families who are out under the Targeted Case Management those words were memorable. there struggling to make sure a loved Program. Senator MIKULSKI went There is one statement in particular one with a handicap, a child, or an through those important services. that I believe is very appropriate for adult is able to remain independent, Unfortunately, the Centers for Medi- this topic. Senator Humphrey once said they need a government on their side. care and Medicaid Services has since this: So my amendment will delay the im- come up with a rule that goes miles The moral test of Government is how that plementation. It is not my amendment, and miles beyond what Congress in- Government treats those who are in the it is our amendment. It is a bipartisan tended. That rule is scheduled to be im- dawn of life, the children; those who are in amendment. I say to my colleagues plemented next month. This impending the twilight of life, the elderly; and those from the other side of the aisle, let’s be rule will have a devastating fiscal im- who are in the shadow of life, the needy, the those compassionate conservatives pact on States and local communities. sick, and the disabled. whom you once talked about. Join with It will endanger the well-being of vul- I submit that this hasty, ill-consid- us. Let’s do this. nerable people who benefit the most ered action to cut essential services for At the appropriate time, I will call from these crucial services. the most vulnerable people fails that up this amendment officially, and I Our States received over $2 billion in moral test of government. I believe we will ask for a vote on it. funding for targeted case management can and we must do better. That is why

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1010 CONGRESSIONAL RECORD — SENATE February 14, 2008 I strongly support our bipartisan tion taken by the Secretary of Health and For reasons I do not comprehend, we amendment, an amendment focused on Human Services during the period that be- are not able to legislate on this most saving money in the long term by gins on December 4, 2007, and ends on March vital piece of legislation to an keeping people in settings that actu- 31, 2009, that is based in whole or in part on underclass in America that we cre- the interim final rule described in subsection ally save taxpayers money, by not (a) is null and void. ated—Native Americans. slashing funds to the most vulnerable (b) INCLUSION OF MEDICARE PROVIDERS AND There is—I knew it—a stall going on in our society. That is why we support SUPPLIERS IN FEDERAL PAYMENT LEVY AND in regard to this legislation. I under- this amendment, and we ask our col- ADMINISTRATIVE OFFSET PROGRAM.— stood the direction of the minority on leagues to vote with us. (1) IN GENERAL.—Section 1874 of the Social FISA legislation. They wanted to stall I yield the floor. Security Act (42 U.S.C. 1395kk) is amended it at the last minute so that the House The PRESIDING OFFICER. The Sen- by adding at the end the following new sub- would have no time to work on it. They ator from New Mexico. section: ‘‘(d) INCLUSION OF MEDICARE PROVIDER AND accomplished that. But why on this? Mr. BINGAMAN. Mr. President, what SUPPLIER PAYMENTS IN FEDERAL PAYMENT Why now, when we can legislate to try is the pending amendment? LEVY PROGRAM.— to help a group of people who badly The PRESIDING OFFICER. The sec- ‘‘(1) IN GENERAL.—The Centers for Medicare need help? And the place they need ond-degree DeMint amendment to the & Medicaid Services shall take all necessary help more than any other place is their Senator’s amendment. steps to participate in the Federal Payment ability to be taken care of when they Levy Program under section 6331(h) of the AMENDMENT NO. 3894 WITHDRAWN are sick and injured. Internal Revenue Code of 1986 as soon as pos- Look what has happened in the State Mr. BINGAMAN. Mr. President, if it sible and shall ensure that— is in order, I will withdraw my under- ‘‘(A) at least 50 percent of all payments of Nevada. We used to have hospitals lying amendment. under parts A and B are processed through for Native Americans in Nevada. They The PRESIDING OFFICER. It is in such program beginning within 1 year after are gone. They have been taken away order. The amendment is withdrawn. the date of the enactment of this section; over the years. The health care for Na- The Senator from Maryland. ‘‘(B) at least 75 percent of all payments tive Americans in Nevada is extremely Ms. MIKULSKI. Mr. President, I ask under parts A and B are processed through limited. They are not served well. unanimous consent that the pending such program beginning within 2 years after We have an obligation—an obligation amendment be set aside. such date; and as a country—to help these people. ‘‘(C) all payments under parts A and B are The PRESIDING OFFICER. Without processed through such program beginning This is our opportunity, after years, to objection, it is so ordered. not later than September 30, 2011. legislate in that regard, and we are not Ms. MIKULSKI. I now call up amend- ‘‘(2) ASSISTANCE.—The Financial Manage- going to do it. I am saddened to hear ment 4023. ment Service and the Internal Revenue Serv- about this. I am saddened that the Re- The PRESIDING OFFICER. The ice shall provide assistance to the Centers publican minority is even filibustering clerk will report. for Medicare & Medicaid Services to ensure Indians. What is this place coming to? The legislative clerk read as follows: that all payments described in paragraph (1) Why are they doing this? There is no are included in the Federal Payment Levy The Senator from Maryland [Ms. MIKUL- reason we cannot legislate here, offer Program by the deadlines specified in that SKI] for herself, Mr. COLEMAN, and Ms. KLO- subsection.’’. amendments dealing with Native BUCHAR, proposes an amendment numbered Americans. But that is where we are. I 4023 to amendment No. 3899. (2) APPLICATION OF ADMINISTRATIVE OFFSET PROVISIONS TO MEDICARE PROVIDER OR SUP- am very disappointed. Ms. MIKULSKI. I ask unanimous PLIER PAYMENTS.—Section 3716 of title 31, I suggest the absence of a quorum. consent that the reading of the amend- United States Code, is amended— The PRESIDING OFFICER. The ment be dispensed with. (A) by inserting ‘‘the Department of clerk will call the roll. The PRESIDING OFFICER. Without Health and Human Services,’’ after ‘‘United The legislative clerk proceeded to objection, it is so ordered. States Postal Service,’’ in subsection call the roll. The amendment is as follows: (c)(1)(A); and Mr. SANDERS. Mr. President, I ask (B) by adding at the end of subsection (c)(3) (Purpose: To temporarily delay application unanimous consent that the order for the following new subparagraph: of proposed changes to Medicaid payment ‘‘(D) This section shall apply to payments the quorum call be rescinded. rules for case management and targeted made after the date which is 90 days after Mr. DORGAN. I object. case management services) the enactment of this subparagraph (or such The PRESIDING OFFICER. Objec- On page 397, after line 2, add the following: earlier date as designated by the Secretary tion is heard. SEC. 213. MORATORIUM ON IMPLEMENTATION OF of Health and Human Services) with respect The clerk will continue the call of CHANGES TO CASE MANAGEMENT to claims or debts, and to amounts payable, the roll. AND TARGETED CASE MANAGEMENT under title XVIII of the Social Security PAYMENT REQUIREMENTS UNDER The legislative clerk continued with Act.’’. MEDICAID. the call of the roll. (3) EFFECTIVE DATE.—The amendments (a) MORATORIUM.— Mr. SANDERS. I ask unanimous con- made by this subsection shall take effect on (1) DELAYED IMPLEMENTATION OF DECEMBER the date of the enactment of this Act. sent that the order for the quorum call 4, 2007, INTERIM FINAL RULE.—The interim be rescinded. Ms. MIKULSKI. Mr. President, I ask final rule published on December 4, 2007, at The PRESIDING OFFICER (Mrs. pages 68,077 through 68,093 of volume 72 of for the yeas and nays. MCCASKILL). Without objection, it is so the Federal Register (relating to parts 431, The PRESIDING OFFICER. Is there a 440, and 441 of title 42 of the Code of Federal sufficient second? ordered. Regulations) shall not take effect before Ms. MIKULSKI. I ask for a vote at an Mr. SANDERS. Madam President, I April 1, 2009. appropriate time. rise in strong support of the Indian (2) CONTINUATION OF 2007 PAYMENT POLICIES Mr. DORGAN. Mr. President, I sug- health care package being put together AND PRACTICES.—Notwithstanding any other gest the absence of a quorum. by Senator DORGAN. As Senator REID provision of law, the Secretary of Health and indicated, these are a group of people Human Services shall not, prior to April 1, The PRESIDING OFFICER. The clerk will call the roll. who have been the most neglected in 2009, take any action (through promulgation our country, and it is imperative we of regulation, issuance of regulatory guid- The legislative clerk proceeded to ance, use of Federal payment audit proce- call the roll. move rapidly to address longstanding dures, or other administrative action, policy Mr. REID. Mr. President, I ask unan- concerns. or practice, including a Medical Assistance imous consent that the order for the I have an amendment pending to pro- Manual transmittal or issuance of a letter to quorum be rescinded. vide $800 million in emergency funding State Medicaid directors) to restrict cov- The PRESIDING OFFICER. Without for the LIHEAP program. The reason I erage or payment under title XIX of the So- objection, it is so ordered. am offering this amendment is simple cial Security Act for case management and Mr. REID. Mr. President, if there and obvious. At a time when home targeted case management services if such were ever a time and a piece of legisla- heating fuel is skyrocketing, millions action is more restrictive than the adminis- trative action, policy, or practice that ap- tion where we should try to help the of senior citizens on fixed incomes, plies to coverage of, or payment for, such people whom this legislation is di- millions of low-income families with services under title XIX of the Social Secu- rected to help, it is this—Native Amer- kids, and persons with disabilities are rity Act on December 3, 2007. Any such ac- icans Indians. But that is not the case. desperately trying to keep their homes

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1011 warm this winter. Without this addi- the needs of a program or agency, is ir- month on the war in Iraq, with most of tional source of immediate funding, responsible. that sum being budgeted as emergency there is a major risk that old people Secondly, Senator GREGG excludes spending. It is not an emergency. We and lower income people all over Amer- from his cuts the department that re- know what is going on. Yet we are not ica will go cold. In the richest country ceives over half the discretionary fund- prepared to pay for the war. We are on the face of the Earth, we have a ing, and that is the Department of De- leaving that cost to our kids and moral responsibility not to allow that. fense. If Senator GREGG thinks all of grandchildren. That is emergency Over the past week, as everybody the $500 billion-plus that goes to the spending. We can pass that $12 billion a knows, in many parts of America, tem- Department of Defense is well spent month. Yet there are those who balk at peratures have been going well below and well accounted for, he is mistaken. spending $800 million on a real emer- zero. In my State of Vermont, in Lin- You cannot exclude the largest recipi- gency, and that is keeping senior citi- coln, VT, was 21 below zero. In Nome, ent of discretionary funding from ex- zens and families all over America AK, the high temperature was 15 below; amination. warm this winter. Grand Forks, ND, 12 below zero; Eure- In the real world, what would be the Providing a mere $800 million for ka, SD, 3 below zero. On and on all impact of the Gregg amendment if it LIHEAP would primarily benefit senior across the country, temperatures are were to pass? I know that .2 of 1 per- citizens, families with children, and getting cold. The cost of home heating cent may not seem like a lot of money people with disabilities earning be- oil is outrageously high. LIHEAP fund- at first blush, but let’s take a look at tween $10 and $15,000 a year. At a time ing is being depleted. People are unable what this cut would mean. It would when gasoline and home heating oil to afford to keep their homes warm. mean a $54 million cut for veterans prices in the State of Vermont and That, in a nutshell, is what we are dis- medical care, and overall veterans throughout the country are well above cussing. funding would be reduced by $86 mil- $3 a gallon, we should not be forcing The amendment I am offering has lion. I don’t think any Member of the seniors and others to make a choice been endorsed by many organizations Senate supports that. While we are try- about whether they are going to buy and many Members of the Senate. ing to fight and come up with an un- the medicine or food they need—hunger Some of the endorsees include the Na- derstanding of various cancers, Alz- is increasing—or keep warm this win- tional Governors Association, the heimer’s disease, Parkinson’s disease, ter. AARP, the National Conference of the National Institutes of Health would There is no great secret that the State Legislatures, many others. Let be cut by over $58 million by the Gregg American people are increasingly dis- me briefly excerpt from a letter I re- amendment. The Gregg amendment enchanted with what is going on in ceived from the National Governors As- would cut special education by $22 mil- Washington, whether in the White sociation in support of the amendment: lion. People are paying higher and House or in Congress. They wonder Additional funding distributed equitably higher property taxes because this Con- what planet we are living on. They are under this amendment will support critically gress, for many years, has not kept the struggling, millions, every single day needed heating and cooling assistance to promise it made by adequately funding to keep their heads above water to pay millions of our most vulnerable, including special education. The Gregg amend- for the food they need, to fill up their the elderly, disabled, and families that often ment would cut funding for special ed gas tanks in order to go to work, to have to choose between paying their heating by some $22 million. Head Start would keep warm in the winter. They wonder or cooling bills and food, medicine and other be cut by $14 million. We are grossly why we are not responding to their essential needs. underfunding Head Start right now. We needs. We have people here talking That is from the National Governors have a major early education crisis about more tax breaks for billionaires, Association. The AARP also has come from one end of America to the other. when workers are losing their jobs. out in support of the amendment, indi- This would only make that problem Passing the Sanders amendment cer- cating that some of the most signifi- worse. The Gregg amendment would tainly is not going to solve all those cant victims of what happens when it cut community health centers by over problems. becomes cold are senior citizens who $4 million at a time when 47 million But maybe at a time when people are suffer from hypothermia. They are Americans have no health insurance, going cold and others know that people very much in support of this amend- creating a process by which even fewer are going cold, maybe—maybe—it will ment, and we thank them for their sup- Americans can access primary health make the American people understand port. care. Homeland security would receive some of us are aware of the reality of This bipartisan amendment is also a cut of $70 million. Education would American life as it exists in cities and cosponsored by many of my colleagues, be cut by over $100 million. towns all across this country, that including: Senators CLINTON, OBAMA, I certainly share Senator GREGG’s maybe we know what is going on, and SNOWE, COLLINS, LEAHY, SUNUNU, KEN- concerns about the national debt. I we are prepared to respond in a proper NEDY, GORDON SMITH, COLEMAN, KERRY, look forward to working with him and way. STABENOW, SCHUMER, LAUTENBERG, LIN- other members of the Budget Com- Madam President, having said that, I COLN, KLOBUCHAR, MURRAY, CANTWELL, mittee to discuss how we should reduce ask unanimous consent that the Sen- MENENDEZ, DURBIN, and WHITEHOUSE. I our $9.2 trillion national debt, which ate now resume the Gregg amendment thank them. increased by $3 trillion under President No. 4022 and that it be modified to be a Yesterday, Senator GREGG offered a Bush. It is a real issue, one we have to first-degree amendments and that the second-degree amendment to my get a handle on. But maybe we will dis- Senate then debate concurrently amendment. In my view, his amend- cuss in the Budget Committee the ab- amendments No. 3900 and No. 4022, as ment is a poison pill which, if passed, surdity of trying to eliminate the es- modified, with 40 minutes of debate would either kill or slow down all our tate tax which would add $1 trillion to prior to a vote in relation to each efforts to increase emergency funding our national debt over 20 years by giv- amendment, with the time equally di- for LIHEAP. The Gregg amendment ing tax breaks exclusively to the vided and controlled between Senator would pay for the $800 million increase wealthiest .3 of 1 percent. SANDERS and Senator GREGG or their in LIHEAP by cutting overall discre- We are debating whether we should designees; that each amendment be tionary nondefense spending by about help senior citizens who are going cold subject to a 60-affirmative vote thresh- .2 of 1 percent. I am opposed to the this winter. But there are many, in- old, and that if the amendment does Gregg amendment for a number of rea- cluding the President, who say: No not achieve that threshold, it be with- sons. First, it is an extremely irrespon- problem, a trillion dollars in tax relief drawn; that if either amendment sible way to do budgeting. There are for the wealthiest .3 of 1 percent. achieves 60 affirmative votes, then the some agencies that need to be cut a lot We should be discussing why we are amendment be agreed to and the mo- more than .2 of 1 percent. And there providing other tax breaks to some of tion to reconsider be laid upon the are, in fact, programs and agencies the wealthiest people in this country. table; that the vote in relation to the that need significantly more funding. Perhaps we can discuss the appro- Gregg amendment No. 4022, as modi- An across-the-board cut, regardless of priateness of spending $12 billion a fied, occur first in the sequence and

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1012 CONGRESSIONAL RECORD — SENATE February 14, 2008 that there be 2 minutes of debate, of Berkeley has said the Marines there proach. Whether it is paid for or not equally divided, prior to each vote; pro- are unwelcome and has offered pro- paid for is another question. But the vided further that no intervening testers a free parking site in front of point is, that amendment is not ger- amendment be in order to either the Marine recruiting headquarters, mane to the Indian health bill, and if amendment; that upon the use or yield- with a megaphone to yell at the ma- there is a vote on the LIHEAP amend- ing back of time, the Senate proceed to rines—men and woman who have ment, the amendment of the Senator vote in relation to the Gregg amend- served us in war in Iraq—that proposal, from Vermont, there will be requests, I ment, to be followed by a vote in rela- which would have basically laid out the know, from this side of the aisle and tion to the Sanders amendment. objection of the Senate to that des- perhaps other requests to consider The PRESIDING OFFICER. Is there picable act by the city council in other nongermane amendments to the objection? Berkeley relative to the treatment of bill. Ms. MURKOWSKI. Madam President, our marines, is also not going to prob- I think what the majority leader was reserving the right to object—and I ably be offered because there is an at- saying is something that I subscribe to will object—I am certainly a supporter tempt to move this bill forward. on this side, which is that the Indian of LIHEAP, but I object at this time. I guess I appreciate the fact that the health bill is an important bill to get The PRESIDING OFFICER. Objec- Indian health bill is a good—I don’t done. If we begin consideration of a lot tion is heard. know if it is a good bill; I don’t know of extraneous or nongermane amend- The Senator from Vermont. enough about it, but it appears to be ments to the Indian health bill, it may Mr. SANDERS. Madam President, I supported by both sides here, and they well jeopardize our ability to conclude am kind of new to the Senate, but I want to move it forward. It is unfortu- work on the Indian health bill. That is would ask my friend from Alaska or nate the LIHEAP issue, which I think the only reason for the objection, and I my friend from New Hampshire: Why? should be addressed in the context I am hope the Senator can appreciate that. Why the objection? If we are sympa- proposing, which is that it be paid for, Mr. SANDERS. Reclaiming my time, thetic to LIHEAP—— will not be able to be addressed at this Madam President, I would ask my The PRESIDING OFFICER. To the time. But I understand the situation, friend from Arizona—and I understand Senator from Vermont, it is not in and I understand why it has happened. that. We want to move to the Indian order to propound questions to other But I do not think it can be laid at the health bill. There is a real solution to Senators who do not have the floor. feet of either party. that in the real world if we are serious; Mr. SANDERS. Madam President, I Mr. SANDERS. Madam President, re- that is, limiting the amount of time wonder why it would be that when we claiming my time, to the best of my and reaching a unanimous consent face a dire crisis all across this coun- knowledge, I heard the objection com- agreement about a few amendments try, we cannot move forward vigor- ing from the Republican side, not the that might be offered so we can vote on ously in providing relief to seniors and Democratic side. them and move on to Indian health. low-income people who need this help. Mr. GREGG. Madam President, if I Would the Senator from Arizona be I would love to have a response to that, may seek the floor, I think it is pretty prepared to do that? Madam President. obvious what is happening. I want the Mr. KYL. Madam President, I would Mr. GREGG. Madam President, is the RECORD to show that prior to the objec- be happy to respond to the Senator Senator yielding the floor? tion being made—it is not my fight— from Vermont but in this way: There Mr. SANDERS. Madam President, I but as a practical matter, the majority are people on my side of the aisle who yield to my friend from New Hamp- leader came to the floor and castigated have already attempted to propound shire. the fact that the bill was being slowed nongermane amendments that they The PRESIDING OFFICER. The Sen- down by amendments, one of which would like to have a time agreement ator from New Hampshire. would be the LIHEAP amendment. on as well. I suspect that before we Mr. GREGG. Madam President, obvi- Mr. SANDERS. Madam President, re- begin to get into that kind of a nego- ously, I have an amendment which is claiming my time, it is absolutely not tiation, the leaders will want to con- caught up in this effort. I would hope my intention, as I indicated to Senator sider what that is going to be doing to we could vote on it. I think it is the DORGAN, to slow this down. This is im- the time schedule for the bill, and the right approach that we fund LIHEAP portant legislation we want to pass. I managers of bill are going to want to but that we also pay for that funding would limit my time to 20 minutes, to do the same because we would like to so we do not pass the bill for LIHEAP 10 minutes. I think most people here try to conclude the bill as soon as we on to our children, so we do not put know what the issue is. I would like an can; and that will open up a process ourselves in a position where we are up-or-down vote, and let’s move on to that could delay matters. paying today’s energy bills with our Indian health. Mr. SANDERS. Reclaiming my time, children’s dollars 10 years from now, Mr. GREGG. Madam President, if the Madam President, I think, again, we plus interest. Senator is going to allow the bill to be want to move and pass, I hope, the In- But I understand, having heard the open to LIHEAP, then I presume it dian health bill. But I think if we are majority leader come to the floor ear- should be open to all extraneous honest—obviously, if people want to lier and say he did not want this bill amendments. I suspect the amendment bring up 30 amendments, that would filibustered or slowed down, that this of the Senator from South Carolina rel- kill the Indian health bill, but if that is is sort of part of an exercise by the ative to the city of Berkeley is an ex- not the desire, if there are very few leaders of this bill on this bill—because traneous amendment but one that is amendments and leadership can agree this is the Indian health bill—to try to, worth debating and should be dis- on a time limit on them, we can move I guess, clear the table so amendments cussed. forward on some serious amendments, which are not directly relevant to In- Mr. KYL. Madam President, will the have votes, and pass—at least vote on— dian health do not end up slowing down Senator from Vermont yield? the Indian health bill. this bill. Mr. SANDERS. Yes, I yield. Again, I ask my friend from Arizona I do not think this decision can be The PRESIDING OFFICER. The Sen- if that is something he would enter- laid at the feet of either party. It ap- ator from Vermont yields to the Sen- tain. It does mean that not everybody pears it is a joint decision by the lead- ator from Arizona. can offer every amendment they want. ership of the committee of jurisdiction Mr. KYL. I thank the Senator. There would have to be a limitation on Indian health. That is why this pro- Madam President, if I could further and a time limitation. posal, which Senator SANDERS has laid explain, first of all, I appreciate that Mr. KYL. Madam President, I will re- out, which I am perfectly amenable the Senator from Vermont has offered spond again to the Senator from to—and I would actually support the an amendment that is very important Vermont: There are nongermane unanimous consent request that he to his State. It is not germane to the amendments—at least one of which has propounded. It has been objected to. Indian health bill. I also understand already been brought up—that I doubt I understand an amendment from our how both Senators from New Hamp- the leaders and certainly the managers side dealing with the fact that the city shire are supportive of the LIHEAP ap- of the bill would like to see embroiled

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1013 into the Indian health care debate. All five times she got there, there were understand his passion about LIHEAP. Once the process begins, it is hard to 10 people ahead of her. Somebody from Vermont does not have control it. So it is not as simple as ask- Her medicine ran out on October 25, to tell somebody from North Dakota ing, would I be agreeable to a time 2007, her husband said. Five times for about cold weather. I know about cold agreement on perhaps the amendment the next month, she got up and drove weather and my constituents do. of the Senator from Vermont and the to that clinic. She could not stay LIHEAP is unbelievably important, amendment of the Senator from South there, because she was also a day care and we need to find a way to get the Carolina—because that would undoubt- provider for her grandchildren. So this money out for LIHEAP. I understand edly get brought into this. But there woman went, tried to sign up, but there that. I am very sorry he was unable to may be others as well. were 10 people ahead of her—that is all get the yeas and nays and so on. But he So it is not a question we can answer they would take—and she had to go also understands you have to try to when one cannot see where the end of home. offer amendments where you can to au- it might be. I think that is the concern Five times she did that in a month. A thorization bills. I understand that. He we have with beginning this kind of month later, she died. Her medicine is a supporter of this bill, the under- process. But I suggest that the Senator ran out October 25. She died November lying Indian health care bill we need to from Vermont continue to consult with 25. She had called her sister about 3 get done. It is also the case, I am sure, his leader, with the managers of the weeks before, and she said: ‘‘What do I that the Senator from Alaska knows a bill, and see if we can move the process have to do here to get the medicine I little about cold weather. I have been forward. need? Die?’’ Well, she did die because to Alaska. So my hope is that working The PRESIDING OFFICER. The Sen- she could not get service in this Indian together in this Chamber we will fund ator from Vermont. health system. the LIHEAP program, because it is Mr. SANDERS. I yield the floor. The fact is, people are dying. All we very important. That also can be life or The PRESIDING OFFICER. The Sen- are asking is that we maybe have death for people, so my hope is we can ator from North Dakota. somebody come over and offer an get that done. Mr. DORGAN. Madam President, it is amendment on Indian health care and But having said all of that, again let more than a little frustrating. We have start a debate on these amendments. If me say we have a managers’ package been here for 3 hours this morning. We we have people who have these amend- that perfects—after having negotiated have amendments on this bill dealing ments, come over and offer them. We now for several weeks on about five or with Indian health care. We have non- have some that are filed. Let’s have six very controversial issues, we have germane amendments that have been some votes and try to get through this negotiated in a way that we have offered: Medicare, LIHEAP, earmarks piece of legislation. reached a compromise on all of them, for Berkeley, abortion. This is the third day we are on the satisfactory to all of the parties. We This is a very serious issue. We have floor of the Senate with this bill. I said now have that in a managers’ package people dying in this country with re- earlier, it has taken 10 years to get which we intend to offer next. It has spect to this health care question here. Every single year we have worked not yet cleared. It has been a couple of about American Indians. I spoke ear- on this. Senator MCCAIN, who was hours since we have been able to clear lier this morning that the U.S. Govern- chairman of the Indian Affairs Com- that. My hope is that in the next 30 ment has a responsibility for health mittee, worked on it with me—Senator minutes or so we can clear that so at care for Indians. If you ask the ques- MURKOWSKI. We work on it and never least we can get the managers’ package tion: Why? Because we signed up for it. get it to the floor. We finally get it to done. We signed the treaties. We said: We the floor of the Senate, and this is like promise, and we have a trust responsi- a root canal, except a root canal hurts I believe Senator COBURN will be bility for it. less, because at least you are accom- here. He has some amendments filed. I So we spend twice as much money to plishing something. hope he will be here to call up amend- provide health care to Federal pris- Here we come to the floor of the Sen- ments which I believe he will do rea- oners as we do for American Indians. ate, and we cannot get amendments up. sonably soon, and I think Senator We are not meeting the needs. We have We cannot get amendments voted on. TESTER wishes to speak on the bill gen- people dying. So it takes 10 years to So my hope would be we can find a way erally. get a bill to the floor of the Senate—10 to move through this legislation. I yield the floor. years to get a bill to the floor—to try Mr. SANDERS. Madam President, The PRESIDING OFFICER. The Sen- to improve health care for Indians, and will the Senator yield? ator from Alaska is recognized. we get here, and we have unending ap- Mr. DORGAN. Madam President, I petites for amendments that have am happy to yield for a question. AMENDMENT NO. 3906 TO AMENDMENT NO. 3899 nothing to do with Indian health. Mr. SANDERS. Madam President, I Ms. MURKOWSKI. Madam President, Look, I support low-income energy thank my friend from North Dakota. I ask unanimous consent to set aside assistance. I support that. I support a AMENDMENT NO. 3900 WITHDRAWN the pending amendment and call up lot of these issues. Many of them have Madam President, I ask for the reg- amendment No. 3906. This is the nothing to do with Indian health. We ular order with respect to the Sanders amendment of Senator MARTINEZ of are just trying to get a bill passed here. amendment No. 3900. Florida. I ask that it be made the pend- Let me describe something I heard The PRESIDING OFFICER. Does the ing amendment. about a month ago to describe the ur- Senator from North Dakota yield for The PRESIDING OFFICER. Is there gency. I was at the Standing Rock In- that purpose? objection? dian Reservation in North Dakota. It Mr. DORGAN. Madam President, I Without objection, it is so ordered. straddles the North Dakota-South Da- yield for that purpose. I believe I un- kota border. The husband of Harriet derstand what the Senator from The clerk will report. Archambault came to a meeting I Vermont is doing. The assistant legislative clerk read had—a listening session on Indian The PRESIDING OFFICER. The as follows: health care—and he described his wife amendment is now pending. The Senator from Alaska [Ms. MUR- Harriet and her battle to try to deal Mr. SANDERS. Madam President, KOWSKI], for Mr. MARTINEZ, proposes an with this health care dilemma. They given the objection, I withdraw my amendment numbered 3906. lived nearly 20 miles from a clinic in amendment. Ms. MURKOWSKI. Madam President, South Dakota. It was an Indian health The PRESIDING OFFICER. The I ask unanimous consent that the read- care clinic. She would get up in the amendment is withdrawn. morning and drive 18 miles to the clin- Mr. DORGAN. Madam President, let ing of the amendment be dispensed ic because that clinic can take only 10 me say to the Senator from Vermont, I with. people in the morning and 10 people in understand his passion. He knows I The PRESIDING OFFICER. Without the afternoon. So five times, she got up have a lot of passion about this bill, objection, it is so ordered. in the morning to drive to that clinic. and I have expressed it this morning. I The amendment is as follows:

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1014 CONGRESSIONAL RECORD — SENATE February 14, 2008 (Purpose: To amend titles XI and XVIII of 7b(d)) is amended, in the second flush matter meet medical priority criteria for con- the Social Security Act to provide in- following subparagraph (B), by striking ‘‘not tract Indian Health Services, which is creased civil and criminal penalties for more than 5 years’’ and inserting ‘‘not more life or limb. Her family was left with acts involving fraud and abuse under the than 10 years’’. two options: She goes without the new Medicare program and to increase the (e) EFFECTIVE DATE.—The amendments amount of the surety bond required for made by this section shall apply to criminal prosthesis, leading to permanent dis- suppliers of durable medical equipment) penalties imposed for actions taken on or figurement or raise $3,000, which is not At the end of title II, add the following: after the date of enactment of this Act. an easy task for a struggling family on SEC. lll. INCREASED SURETY BOND REQUIRE- Montana’s economically depressed res- SEC. lll. INCREASED CIVIL MONEY PENALTIES MENT FOR SUPPLIERS OF DME. AND CRIMINAL FINES FOR MEDI- ervations. CARE FRAUD AND ABUSE. (a) IN GENERAL.—Section 1834(a)(16)(B) of Here is another example of the crit- the Social Security Act (42 U.S.C. (a) INCREASED CIVIL MONEY PENALTIES.— ical needs of the Indian health care Section 1128A of the Social Security Act (42 1395m(a)(16)(B)) is amended by striking ‘‘$50,000’’ and inserting ‘‘$500,000’’. system. A 35-year-old Montana woman U.S.C. 1320a–7a) is amended— was diagnosed with a heart condition (1) in subsection (a), in the flush matter (b) EFFECTIVE DATE.—The amendment following paragraph (7)— made by this section shall apply to the that led to dramatic heart failure. Her (A) by striking ‘‘$10,000’’ each place it ap- issuance (or renewal) of a provider number heart lost its ability to pump blood pears and inserting ‘‘$20,000’’; for a supplier of durable medical equipment adequately and she could hardly move (B) by striking ‘‘$15,000’’ and inserting on or after the date of enactment of this Act. without becoming short of breath. She ‘‘$30,000’’; and Ms. MURKOWSKI. Madam President, needed a new heart. She was referred to (C) by striking ‘‘$50,000’’ and inserting we understand that Senator MARTINEZ the Mayo Clinic where she received ‘‘$100,000’’; and will come to the floor to speak to this special cardiology care and was put on (2) in subsection (b)— amendment that relates to civil and a list for a heart transplant. Thanks to (A) in paragraph (1), in the flush matter criminal penalties for Medicare fraud, following subparagraph (B), by striking close monitoring and the use of many ‘‘$2,000’’ and inserting ‘‘$4,000’’; but I did want to get that rolling. medications and a permanent pace- (B) in paragraph (2), by striking ‘‘$2,000’’ I understand Senator TESTER has maker, her condition stabilized and her and inserting ‘‘$4,000’’; and some comments he wishes to make at ability to function improved a bit. (C) in paragraph (3)(A)(i), by striking this time regarding the Indian Health However, due to lack of funding in the ‘‘$5,000’’ and inserting ‘‘$10,000’’. Care Improvement Act. Indian Health Service, her ongoing vis- (b) INCREASED CRIMINAL FINES.—Section I yield the floor. its with the cardiologist, not to men- 1128B of the Social Security Act (42 U.S.C. The PRESIDING OFFICER. The Sen- tion the heart transplant, were no 1320a–7b) is amended— ator from Montana is recognized. (1) in subsection (a), in the flush matter longer covered. Without this followup, Mr. TESTER. Madam President, I her prospects for survival are grim. following paragraph (6)— thank the ranking member of the com- (A) by striking ‘‘$25,000’’ and inserting I could go on and on. There are thou- ‘‘$100,000’’; and mittee. sands of examples of how the Indian Today I rise in strong support of the (B) by striking ‘‘$10,000’’ and inserting health care system has failed. Indian health care program. The reason ‘‘$20,000’’; After I asked tribal folks about their (2) in subsection (b)— this bill is on the floor right now is due priorities, I asked what we can do in (A) in paragraph (1), in the flush matter to the hard work of our chairman and the Senate to improve Indian health following subparagraph (B), by striking ranking member which has been exhib- care. The response is unanimous and ‘‘$25,000’’ and inserting ‘‘$100,000’’; and ited here in the last few minutes. They overwhelming. They tell me to start (B) in paragraph (2), in the flush matter know how important this bill is. I ex- following subparagraph (B), by striking with the reauthorization of the Indian press my appreciation to Senator DOR- ‘‘$25,000’’ and inserting ‘‘$100,000’’; Health Care Improvement Act, and do GAN and Senator MURKOWSKI for all of (3) in subsection (c), by striking ‘‘$25,000’’ it now. and inserting ‘‘$100,000’’; their hard work. (4) in subsection (d), in the second flush Since arriving in Washington a little This reauthorization is long overdue. matter following subparagraph (B), by strik- more than a year ago, I have been The last comprehensive authorization ing ‘‘$25,000’’ and inserting ‘‘$100,000’’; and meeting with leaders throughout In- of the Indian Health Care Improvement (5) in subsection (e), by striking ‘‘$2,000’’ dian country, and one aspect is clear: Act was 16 years ago, in 1992. The dis- and inserting ‘‘$4,000’’. The challenges that face Indian coun- parity in the quality of health care (c) EFFECTIVE DATE.—The amendments try are large. I tell tribal leaders that provided to Native Americans is real, made by this section shall apply to civil despite all of the good intentions, there and it is disturbing. The Indian Health money penalties and fines imposed for ac- Service, or IHS, reports that members tions taken on or after the date of enact- is no way Congress can solve all of ment of this Act. their problems this year. of the 560 federally recognized Amer- ican Indian and Alaska Native tribes SEC. llll. INCREASED SENTENCES FOR FELO- As I began my tenure on the Indian NIES INVOLVING MEDICARE FRAUD Affairs Committee, I asked my friends and their descendants are eligible for AND ABUSE. in Indian country to share with me IHS services. This agency, within the (a) FALSE STATEMENTS AND REPRESENTA- their top priorities. I have met with Department of Health and Human TIONS.—Section 1128B(a) of the Social Secu- representatives and leaders from each Services, is supposed to provide com- rity Act (42 U.S.C. 1320a–7b(a)) is amended, in of the seven reservations in Montana prehensive health care for approxi- clause (i) of the flush matter following para- mately 1.8 million of the Nation’s esti- graph (6), by striking ‘‘not more than 5 multiple times, and every time they years’’ and inserting ‘‘not more than 10 point out to me that the most impor- mated 3.3 million American Indians years’’. tant issue is health care or the lack of and Alaska Natives. Its annual appro- (b) ANTI-KICKBACK.—Section 1128B(b) of the it. priation is $3 billion—$3 billion. Keep Social Security Act (42 U.S.C. 1320a–7b(b)) is Why is it such a priority? Let’s con- that number in mind as we consider amended— sider a few examples. the facts: (1) in paragraph (1), in the flush matter fol- Now 5 years old, a small girl from the Approximately 55 percent of Amer- lowing subparagraph (B), by striking ‘‘not Crow tribe was diagnosed with a rare ican Indians and Alaska Natives living more than 5 years’’ and inserting ‘‘not more in the United States rely on IHS to than 10 years’’; and form of cancer in her eye. The condi- (2) in paragraph (2), in the flush matter fol- tion required that her right eye be sur- provide access to health services in 49 lowing subparagraph (B), by striking ‘‘not gically removed. When doctors origi- hospitals and nearly 600 other facili- more than 5 years’’ and inserting ‘‘not more nally removed it in October of 2001, ties. American Indians and Alaska Na- than 10 years’’. they fitted her with a prosthetic eye tives die at higher rates from a myriad (c) FALSE STATEMENT OR REPRESENTATION with the understanding that every few of things more than regular Americans WITH RESPECT TO CONDITIONS OR OPERATIONS years, she would need a new prosthesis do: tuberculosis, 600 percent higher; di- OF FACILITIES.—Section 1128B(c) of the Social as she grew. Because doctors had al- abetes, nearly 200 percent higher; and Security Act (42 U.S.C. 1320a–7b(c)) is amend- the list goes on and on and on. ed by striking ‘‘not more than 5 years’’ and ready taken her eye, and because the inserting ‘‘not more than 10 years’’. wrong size prosthetic eye wouldn’t im- American Indians and Alaska Natives (d) EXCESS CHARGES.—Section 1128B(d) of mediately threaten her life when she born today have a life expectancy that the Social Security Act (42 U.S.C. 1320a– needed a new eye, her case failed to is lower than all other races in the

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1015 United States. This lower life expect- I yield the floor. graph (6), by striking ‘‘not more than 5 ancy is due, in part, to the dispropor- Mr. DORGAN. Madam President, I years’’ and inserting ‘‘not more than 10 tionate disease burden that exists in make a point of order that a quorum is years’’. (b) ANTI-KICKBACK.—Section 1128B(b) of the Indian country. not present. Social Security Act (42 U.S.C. 1320a–7b(b)) is It is suggested that the IHS-appro- The PRESIDING OFFICER. The amended— priated funding provides 55 percent of clerk will call the roll. (1) in paragraph (1), in the flush matter fol- the necessary Federal funding to as- The assistant legislative clerk pro- lowing subparagraph (B), by striking ‘‘not sure mainstream personal health care ceeded to call the roll. more than 5 years’’ and inserting ‘‘not more services to American Indians and Alas- Ms. MURKOWSKI. Madam President, than 10 years’’; and ka Natives. Let me repeat that: IHS I ask unanimous consent that the order (2) in paragraph (2), in the flush matter fol- provides only 55 percent of the funding for the quorum call be rescinded. lowing subparagraph (B), by striking ‘‘not The PRESIDING OFFICER. Without more than 5 years’’ and inserting ‘‘not more necessary to meet the health care than 10 years’’. needs of American Indians and Alaska objection, it is so ordered. (c) FALSE STATEMENT OR REPRESENTATION Natives in that IHS system. So now AMENDMENT NO. 3906, AS MODIFIED WITH RESPECT TO CONDITIONS OR OPERATIONS you can see why passing this bill is so Ms. MURKOWSKI. Madam President, OF FACILITIES.—Section 1128B(c) of the Social critically important to improving I ask unanimous consent to send to the Security Act (42 U.S.C. 1320a–7b(c)) is amend- health care in Indian country. desk a modification to Martinez ed by striking ‘‘not more than 5 years’’ and This legislation will help the Indian inserting ‘‘not more than 10 years’’. amendment No. 3906. With this modi- (d) EXCESS CHARGES.—Section 1128B(d) of Health Service facilities become up to fication, the surety bond amount is re- the Social Security Act (42 U.S.C. 1320a– date. It will create programs to address duced to better effectuate the intent of 7b(d)) is amended, in the second flush matter behavioral and mental health issues the act. following subparagraph (B), by striking ‘‘not that have been severely neglected. It The PRESIDING OFFICER. Without more than 5 years’’ and inserting ‘‘not more will begin to address the disturbing dis- objection, it is so ordered. than 10 years’’. parities between the health status of The amendment is so modified. (e) EFFECTIVE DATE.—The amendments made by this section shall apply to criminal American Indians and the general U.S. The amendment, as modified, is as penalties imposed for actions taken on or population. This legislation authorizes follows: after the date of enactment of this Act. appropriations necessary to increase At the end of title II, add the following: Ms. MURKOWSKI. Madam President, the availability of health care, develop SEC. ll. INCREASED CIVIL MONEY PENALTIES I suggest the absence of a quorum. new approaches to health care delivery, AND CRIMINAL FINES FOR MEDI- The PRESIDING OFFICER. The CARE FRAUD AND ABUSE. improve the flexibility of the Indian clerk will call the roll. health care service, and promote the (a) INCREASED CIVIL MONEY PENALTIES.— Section 1128A of the Social Security Act (42 The assistant legislative clerk pro- sovereignty of American Indian tribes. ceeded to call the roll. Now we must start funding Indian U.S.C. 1320a–7a) is amended— (1) in subsection (a), in the flush matter Mr. CORNYN. Madam President, I health care at levels authorized in this following paragraph (7)— ask unanimous consent that the order bill. Don’t think that failing to ade- (A) by striking ‘‘$10,000’’ each place it ap- for the quorum call be rescinded. quately fund Indian health care is a pears and inserting ‘‘$20,000’’; The PRESIDING OFFICER. Without budget savings. Without proper funding (B) by striking ‘‘$15,000’’ and inserting objection, it is so ordered. of this program, the cost will shift to ‘‘$30,000’’; and Mr. CORNYN. Madam President, I our emergency rooms and our already (C) by striking ‘‘$50,000’’ and inserting ask unanimous consent to speak as in overburdened hospitals. Make no mis- ‘‘$100,000’’; and morning business for up to 10 minutes. take about it, we will all pay for the (2) in subsection (b)— The PRESIDING OFFICER. Without (A) in paragraph (1), in the flush matter objection, it is so ordered. health care of our citizens, but we will following subparagraph (B), by striking pay a premium if we choose not to do ‘‘$2,000’’ and inserting ‘‘$4,000’’; FOREIGN INTELLIGENCE SURVEILLANCE ACT the right thing today and fully fund (B) in paragraph (2), by striking ‘‘$2,000’’ Mr. CORNYN. Madam President, I this program. and inserting ‘‘$4,000’’; and come to the floor to express grave con- There is another reason why we need (C) in paragraph (3)(A)(i), by striking cern at reports that I hear out of the to pass this bill. The Federal Govern- ‘‘$5,000’’ and inserting ‘‘$10,000’’. House of Representatives that they in- ment has a trust responsibility to Na- (b) INCREASED CRIMINAL FINES.—Section tend to adjourn and basically go on va- tive American Indians, a legally bind- 1128B of the Social Security Act (42 U.S.C. cation for the next week or so without 1320a–7b) is amended— taking action on the Foreign Intel- ing trust responsibility. As many in (1) in subsection (a), in the flush matter this body know, this bill has made it to following paragraph (6)— ligence Surveillance Act reauthoriza- the Senate floor in previous years and (A) by striking ‘‘$25,000’’ and inserting tion. That, of course, is the legislation failed. The managers of this bill this ‘‘$100,000’’; and we passed out of the Senate that pro- year have addressed a few remaining (B) by striking ‘‘$10,000’’ and inserting vides the eyes and the ears for the in- concerns and we have another chance ‘‘$20,000’’; telligence community in the United to pass it today. The bill before us is (2) in subsection (b)— States to detect and to deter future not perfect, but it represents a good (A) in paragraph (1), in the flush matter terrorist attacks against the United following subparagraph (B), by striking States. compromise bill. At the end of the day, ‘‘$25,000’’ and inserting ‘‘$100,000’’; and this legislation represents an historic (B) in paragraph (2), in the flush matter To me, it is unthinkable that the opportunity to make an incredible dif- following subparagraph (B), by striking House of Representatives would ad- ference in the lives of Americans who ‘‘$25,000’’ and inserting ‘‘$100,000’’; journ and be so irresponsible as to need it most. (3) in subsection (c), by striking ‘‘$25,000’’ leave this unfinished business undone This problem will not go away with- and inserting ‘‘$100,000’’; and to leave America unprotected out our action. The longer we wait, the (4) in subsection (d), in the second flush against future terrorist attacks. I worse the problem becomes. The longer matter following subparagraph (B), by strik- know there is an argument that exist- we wait, the more expensive the prob- ing ‘‘$25,000’’ and inserting ‘‘$100,000’’; and ing surveillance could be continued for (5) in subsection (e), by striking ‘‘$2,000’’ lem becomes. By passing this impor- and inserting ‘‘$4,000’’. up to a year. But what we are talking tant bill, we take a critical step toward (c) EFFECTIVE DATE.—The amendments about is new contacts, new information improving Indian health care and thus made by this section shall apply to civil that the intelligence community gets fulfilling our trust responsibility to money penalties and fines imposed for ac- that would be impeded, impaired, and American Indians. tions taken on or after the date of enact- blocked by the failure of the House of I hope this bill passes and passes ment of this Act. Representatives to act on this critical quickly today. I hope it doesn’t get SEC. ll. INCREASED SENTENCES FOR FELONIES piece of legislation that will expire on bogged down in amendments that are INVOLVING MEDICARE FRAUD AND February 15 unless they act today or ABUSE. important but have no connection to (a) FALSE STATEMENTS AND REPRESENTA- tomorrow. So it is the height of irre- Indian health care. I ask my comrades TIONS.—Section 1128B(a) of the Social Secu- sponsibility. I find myself questioning here in the Senate to vote yes for this rity Act (42 U.S.C. 1320a–7b(a)) is amended, in whether it could possibly be true that critical legislation. clause (i) of the flush matter following para- would happen.

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1016 CONGRESSIONAL RECORD — SENATE February 14, 2008 Also, one important part of the Sen- erybody is happy with the outcome—to gotiated over the last month or so, in ate legislation was to provide protec- address this issue, if the House of Rep- which we successfully negotiated on tion for the telecommunications car- resentatives leaves town and leaves about five or six very controversial riers that may have cooperated with this matter undone, the security of the issues—we negotiated an agreement be- the U.S. Government shortly after Sep- American people is in peril, and it tween the sides, and even being able to tember 11, 2001, in providing the means would be a tragedy indeed if something offer that at this point is denied be- to listen in to al-Qaida and other for- were to happen as a result of our intel- cause someone who is not even on the eign terrorists who were plotting and ligence community being blind or deaf Hill told their staff to tell others that planning attacks against the United to the dangers that do work both with- the leadership cannot allow this. It is States and its citizens. in our shores and beyond. unbelievable to me. I think it is a terrible message from I yield the floor. One might expect, perhaps, that the House of Representatives, if they The PRESIDING OFFICER. The Sen- today we can make progress on this are not going to act in a way that pro- ator from North Dakota is recognized. legislation. Everybody puts on a blue vides protection for those citizens, Mr. DORGAN. Madam President, let suit and shined shoes and comes to whether they be individual citizens or me say, I don’t think anybody in the work, and one might expect we can get corporate citizens, who are asked by Congress, the Senate, or the House something done for a change. We will their country to come to the aid of the wishes our intelligence community to have additional morning business, and American people and provide the be blind or deaf. Obviously, we have a we will see if those who have left the means to protect them from terrorist process in this country with the FISA Hill and want the entire world to stop attacks. What kind of message does Court that allows emergency actions. and wait for their whims will show up that send, that we are going to basi- The opportunity to be able to engage in at some point and maybe we can con- cally leave them out twisting slowly in surveillance and the appropriate sur- sider some amendments. I hope that the wind and being left to the litiga- veillance to make sure we are listening will be the case. tion—some 40 different lawsuits that to terrorists and all of those things are I yield the floor. have been filed against the tele- available. The PRESIDING OFFICER. The Sen- communications industry that may There is a debate about how wide ator from Ohio is recognized. have cooperated with the Federal Gov- should the drift net be, that the admin- Mr. BROWN. Madam President, I ask ernment in protecting the American istration might want to gather almost unanimous consent to address the Sen- people. This is on a request at the high- every communication everywhere in ate up to 10 minutes in morning busi- est levels, from the Commander in the world and data mine to find out ness. Chief, and upon a certification by the who is saying what. That is an impor- The PRESIDING OFFICER. Without chief law enforcement officer of the tant conversation because it deals with objection, it is so ordered. United States, the Attorney General. the basic rights in our Constitution. I RURAL REPORT CARD What they were being asked to do think there is no one in this Chamber Mr. BROWN. This past week, Presi- was entirely appropriate and within or in the other who believes we want dent Bush submitted to Congress his the bounds of the law. But then, when our intelligence community to be blind last budget for the Federal Govern- the litigation ensues, to basically leave or deaf and to not have the opportunity ment. It is a revealing document that them hanging out to dry would be to do the kind of surveillance nec- pretty clearly demonstrates the prior- wrong. The Senate wisely addressed essary to protect our country. That is ities of this administration. It used to that issue. But if the House adjourns very important to state. be that budgets were designed to rein without passing the Senate version of Madam President, we are not in in the Federal deficit. Under this ad- the reauthorization of the Foreign In- morning business, although we are ministration, budget after budget has telligence Surveillance Act, which in- doing some morning business. We are been submitted that would, if enacted, cludes protection for the telecommuni- on the piece of legislation that we re- widen the deficit. cations industry that may have par- ported out of the Indian Affairs Com- We know 7 years ago, when President ticipated in this lawful exercise of our mittee, dealing with Indian health care Bush took the oath of office in January powers to protect our country, it would improvement. I have always been enor- 2001, we had a huge Federal surplus. again be the height of irresponsibility mously proud to serve in this body. I Today, we have a huge Federal deficit and send the message that next time a am privileged and proud to serve. I that will be a burden on the backs of citizen, whether it is a corporate or in- have occasionally told friends that the our children and grandchildren. dividual citizen, is asked to come to Senate is 100 bad habits—that includes While funding for programs to help the aid of their country, you better myself, of course. We are not doing middle-class families hard hit by stag- think twice and consult your lawyers anything at the moment, I understand, nant wages would be slashed by the because you are going to get sued and because one Senator is downtown President’s budget, he gives enormous the Congress is not going to take ap- someplace, giving speeches, and the in- tax cuts to people who don’t need propriate measures to make sure those struction is that nothing is to be done them—and generally didn’t ask for who helped protect the safety and secu- while that Senator is gone. Good for them—the wealthiest 1 percent of the rity of the American public are pro- that Senator, but I don’t think this population. They simply don’t need a tected. place ought to come to a stop because tax cut. Finally, I don’t have the information somebody decides they are going to be In 2009, the President will give tax in front of me right now, but there are gone for 2 or 3 hours, so they want oth- cuts of $51 billion to those people mak- substantial news reports that indicate ers to object to everything on their be- ing over $1 million a year—again, that that a group of trial lawyers who stand half. That is, in my judgment, discour- is $51 billion for those making over $1 to make considerable amounts of teous, and my hope is that the Senate million a year. Yet he is cutting $15 money in terms of legal fees off this could do a little business today on billion from many of the programs that litigation are substantial contributors something that is urgent. That is not I am going to mention. to Members of Congress. I hope the evi- too much to ask for the Senate to per- Perhaps most disconcerting are the dence does not develop that there are haps consider legislation that is before President’s cuts in Federal programs decisions being made in the House of it. We are now on the third day of the that serve rural America. The Presi- Representatives on the basis of the in- Indian Health Care Improvement Act, a dent has failing grades on his budget terests of special interest groups such very urgent and serious matter. This is and what it does. He gets an F in as trial lawyers who stand to gain fi- the third day. We have been here for health care, an F in education, an F in nancially from continuing this litiga- over 3 hours today, and we have had law enforcement, and an F in economic tion that should be brought to an end amendments on all kinds of issues, ex- development. With faltering infrastruc- here and now. cept issues that deal with this legisla- ture, such as roads and bridges, dis- I am here primarily to voice my tion. appearing jobs, underfunded schools, grave concern that while the Senate Even just attempting to offer the and spotty access to health care, rural has acted responsibly—I know not ev- managers’ package, which has been ne- areas in Ohio, southeast Ohio—and

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1017 northwest Ohio especially—and across The EPA comes in and says to these people making over $1 million a year our Nation, these areas are fighting an communities: You need major renova- and then earn an F on health care, F on uphill battle without anywhere near tion—major replacement in some education, F on law enforcement, and the Federal support they used to get or cases—of a lot of these water and sewer F on economic development for these that they need now. systems, and then they simply do not struggling communities, the same kind More than one-half of Ohio’s counties help them do that. It means higher of rural areas in the Preside Officer’s are rural as defined by the U.S. Depart- sewer and water rates for unemployed State of Missouri, rural areas where I ment of Agriculture. Of the top 10 people and higher sewer and water know she has spent a lot of time, rural counties in Ohio—and there are 88 rates for people struggling, middle- areas where I have spent a lot of time, counties—with the highest unemploy- class families who are proud and strug- where people are struggling, trying to ment, every 1 of them is rural. Of the gling to stay above water. stay in the middle class, trying to sup- top 10 counties in Ohio with the high- In places such as Vinton County in port their kids, and trying to just get est proportion below the poverty line, 9 southeast Ohio, a third of the people along. out of 10 are rural. Of the top 10 coun- are on Medicaid. Medicaid is not a lux- The President’s proposal short- ties in Ohio with the highest percent- ury; it is a crucial support system for changes overall education funding by age of residents eligible for Medicaid, 9 children, the disabled, and the elderly $826 million. This budget would cut or are rural. living in poverty. Medicaid covers eliminate programs to support edu- Seven rural Ohio counties make all about one in every three nursing home cational opportunities for rural Ohio three of these lists: Vinton Pike, residents. What is to be become of sen- families, particularly programs such as Scioto, Adams, Meigs, Jackson, and iors under the President’s Medicaid career and technical education, for ele- cuts? Medicaid cuts: F in health care. Morgan—all counties in southeast mentary school counseling, for Safe What is to become of the seniors with- Ohio. Citizens of this counties need our and Drug-Free Schools—the kinds of out this successful insurance program? help, and they need it today. jobs many of these people, young peo- Yesterday, I spoke with about two The President’s budget cuts $18.2 bil- ple in southeast Ohio, want to get—ca- dozen officials and activists in those lion from Medicaid over 5 years. These reer education, tech education, elemen- counties in southern Ohio—people from cuts touted by the administration as tary school education. They want to the chamber of commerce, the county ‘‘savings’’ will be primarily achieved teach, they want to be nurses, they commissioners, the mayors, health de- by shifting costs to States, regardless want to be occupational therapists, partment directors, community devel- of whether States can actually shoul- they want to be physical therapists. opment people—and the stories they der these costs. Again, these $18 billion told about the President’s failure on cuts to Medicaid are to pay for a tax They want to work in their commu- health care, education, law enforce- cut for people making over $1 million a nities. They don’t want to go off to big ment, and economic development will year. cities and leave home. They want to be devastating and are devastating for The Bush budget slashes other pro- raise their children where their parents southeast Ohio. grams designed to help rural commu- are so their parents can see their Despite the alarming statistics and nities address unique health care chal- grandchildren. And they need jobs in the crucial role rural America plays in lenges. People who have to go to the Chillicothe, in Zanesville, in Cam- our Nation’s self-sufficiency and in our emergency room have to drive 30 min- bridge, and all over southern Ohio. cohesiveness and culture, the President utes, 45 minutes. A lot of people go to Our Nation’s future depends on our chose to slash funding for rural eco- emergency rooms in southeast Ohio be- actions now. We can either address bar- nomic programs, slash funding in rural cause they cannot afford any other riers to our children’s success in edu- health care, in rural law enforcement, care, and they go in hoping to get char- cation, we can address the issues of law in rural education—all so that he could ity care. These are not people who are enforcement, we can address the needs give a tax cut of $51 billion in 2009 to lazy. These are not people without a of health care, or we can abdicate re- people making over $1 million a year decent work ethic. These are people sponsibility and watch our rural areas and look what happens to health care, who work hard, have jobs, are barely continue to decline. If our rural areas education, law enforcement, and eco- making it, they go to food banks, in decline—and we know the strength of nomics development. too many cases, they are on Medicaid, our rural areas in building our country While communities in rural Ohio and they have to rely on the Govern- in the last 200 years—if they decline in struggle to keep jobs, President Bush ment because they are struggling, Missouri, Ohio, and around this coun- proposes to wipe away established working hard, working a couple of jobs, try, it means our country declines, and rural development programs that these and simply cannot make it. we cannot stand for that. people with whom I talked yesterday— Rural Ohio is experiencing unprece- As my State’s first Senator to serve Republicans and Democrats alike, con- dented challenges in law enforcement on the Agriculture Committee in four servatives and liberals alike, public as meth labs multiply and threaten decades and a member of the HELP health people, chamber of commerce families and communities. Yet, since Committee, which has jurisdiction over people, mayors, commissioners, com- 2001, President Bush has cut funding health and education programs, I will munity development people—these pro- for State and local law enforcement continue to fight to ensure that our grams matter to their well-being, to programs by over 50 percent. Law en- Nation invests in rural America. It is the economic vitality of these rural forcement: The President gets an F in the smart thing to do for our future. It areas. These housing programs, for in- rural Ohio for his budget. This year’s is the right thing to do for our fami- stance, support the construction, pur- budget would slash funding 63 percent lies. chase, and rehabilitation of single-fam- for all State and local law enforcement I suggest the absence of a quorum. ily homes, giving struggling rural programs in the Department of Justice. The PRESIDING OFFICER. The Ohioans a chance to own their own That is $1.6 billion, again, so the Presi- clerk will call the roll. homes. With all the problems we have dent can give tax cuts to people mak- The bill clerk proceeded to call the with foreclosures, they are not just ing over $1 million a year. roll. urban problems, suburban problems, or The budget also eliminates funding Ms. KLOBUCHAR. Madam President, rural problems; they are every year. for the COPS Program. Talk to people I ask unanimous consent that the order But the President takes special atten- in Windham, Athens, Gallipolis, Chil- for the quorum call be rescinded. tion to wiping out rural programs that licothe or Blair, communities that The PRESIDING OFFICER. Without can make a big difference in people’s need the COPS Program to keep these objection, it is so ordered. lives. communities safe. It is a program that Ms. KLOBUCHAR. Madam President, These programs encourage rural busi- has worked for 10 years. So the Presi- I ask unanimous consent to speak as in ness expansion, job creation, and dent wants to eliminate it so he can morning business. grants to extend broadband access give tax breaks to people making over The PRESIDING OFFICER. Without across Ohio. $1 million. objection, it is so ordered. These are critical programs that pro- I sound like a broken record, but it is The Senator from Minnesota is rec- vide water and sewer infrastructure. morally outrageous to do tax cuts for ognized.

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1018 CONGRESSIONAL RECORD — SENATE February 14, 2008 Ms. KLOBUCHAR. I thank the Chair. I told my colleagues once previously for the regular order and discuss my (The remarks of Ms. KLOBUCHAR per- about a Sunday morning in Fargo, ND, amendment No. 4034, after which I will taining to the submission of S. 2642 are at the veterans health care facility, ask for a vote. Then if the leadership located in today’s RECORD under ‘‘Sub- veterans hospital, where a veteran wants to stack votes, I am fine with mission of Concurrent and Senate Res- named Edmond Young Eagle was dying that. olutions.’’) of lung cancer. I did not know it that This is a simple amendment. I know Mr. GRASSLEY. Madam President, I day, but he would die 7 days later of the chairman is critical of it because ask unanimous consent that the order lung cancer. he thinks it is false in terms of its in- for the quorum call be rescinded. He was a man who lived on an Indian tent. During our budget debate, I plan The PRESIDING OFFICER. Without reservation. When called by his coun- on adding $2 billion to Indian health objection, it is so ordered. try, he served in Africa during the Sec- care. I also plan on making us make Mr. GRASSLEY. I ask unanimous ond World War, at Normandy, through- the tough decisions on where we take consent to speak as in morning busi- out Europe, served with great distinc- it from. We don’t have extra money, so ness. tion. it is about priorities, about keeping The PRESIDING OFFICER. Without He came back. He never had very commitments. I will be offering that objection, it is so ordered. much, lived a tough life, didn’t have when we get to the budget to make (The remarks of Senator GRASSLEY many relatives. At the end of his life sure there is an extra $2 billion for Na- pertaining to the introduction of S. his sister asked if I could get his med- tive American care, and then we will 2641 are printed in today’s RECORD als he had earned but never received. I decide whether we think that is a pri- under ‘‘Statements on Introduced Bills did. I took them on a Sunday morning ority as we vote on the budget and on and Joint Resolutions.’’) to the veterans hospital in Fargo, to the appropriations bills. Mr. DORGAN. I suggest the absence this man who was in his mid- to late- This is a straightforward amend- of a quorum. seventies, a World War II veteran, had ment. This allows tribal members to The PRESIDING OFFICER. The get insurance. If they want to use the clerk will call the roll. a tough life, never had very much, was dying of lung cancer. We cranked up IHS service, great. But if they have to The legislative clerk proceeded to wait in line to wait in line to get care, call the roll. his hospital bed to a seated position. He was a very sick man but very well maybe they can go somewhere else. Mr. DORGAN. Mr. President, I ask Then we are keeping our commitment. unanimous consent that the order for aware of what was going on. I pinned a row of medals on his pajama top at the If they know that the care for a certain the quorum call be rescinded. type of disease is terrible at IHS, they The PRESIDING OFFICER. Without veterans hospital. The doctors and can go where it is better. We are going objection, it is so ordered. nurses from the hospital packed into to put the security of our promise in Mr. DORGAN. I know my colleague, his room. This proud man said to me, real terms, and we are going to put Senator COBURN, is here. He is going to as I pinned his medals on his pajama choice, the same thing every Member offer an amendment. I should tell you top: This is one of the proudest days of of this body has, and security in health how pleased I am. Senator COBURN indi- my life. care, into the hands of the Native cated he would be here around 2 This is a man who had a difficult Americans. That is what the amend- o’clock. He was good enough to come time in life. He never had very much ment does. The reason it doesn’t cost this morning at 9:30 and engage in dis- but served his country when asked in Africa, in Europe, fought for his coun- anything is because we are going to cussion on this bill. charge IHS for what it costs. We have But we have discussion about vir- try. Many years later, just prior to his designed the amendment. We are wait- tually everything about the bill on the death, he was recognized by his coun- ing to see what the budget chairman floor of the Senate, Indian health care. try, as I told him: A country that is does with the budget and where we are The fact is we have had all kinds of grateful for your service. There are so going to find this $2 billion. But I amendments that have nothing to do many who have provided so much serv- promise you, we are going to get a with the bill. I hope we can finally get ice from Indian reservations, from In- chance to vote on my amendment to dian nations. this moving. put in $2 billion. So it is not an empty I had spoken this morning of some We have made a solemn pledge to the promise. people whose experience with the In- Indians—we signed it into treaties; we One of the things we know that im- dian health care system and the lack of have it as a trust responsibility—we proves everything is competition. One health care for American Indians has will provide for your health care. of the ways to get rid of some of the been devastating. Some people died as As my colleague from Oklahoma said waste that is in IHS and to put a pri- a result of not having access to ade- this morning, take a look at Medicare, ority back in is to start competing. quate care that we would take for Federal prisons, Indian health, a whole Mr. DORGAN. Will the Senator yield granted in our country. range of things. Just to take Federal for a question? Let me mention my colleague from prisons as an example, we spend twice Mr. COBURN. I am happy to. Oklahoma is on the floor and is going as much per person providing health Mr. DORGAN. This is an authoriza- to discuss one of his amendments. You care for prisoners as we do meeting our tion bill. The Senator is amending it. know, we have a trust responsibility. responsibility to provide health care Does his amendment anticipate an in- We have a responsibility to keep a for American Indians. That is a dis- crease by $2 billion for the authorized promise we have made in treaty after grace. It has to change. level because we are authorizing ex- treaty for Indian health care. I do not I can’t tell you how pleased I am to penditures? The Senator will perhaps think there is a disagreement on the see my colleague from Oklahoma be- offer a $2 billion appropriations meas- floor of the Senate about that. cause we have had so many amend- ure. I will as well. I hope we will be There is no disagreement that we ments that have so little to do with the able to work together on that. But we have a responsibility, that responsi- underlying bill. I know my colleagues will also have to increase the author- bility is in writing in all kinds of trea- have offered a number of amendments ization. Does the amendment increase ties. So we have made the promise; we that deal directly with it. the authorization? have not kept the promise. I yield the floor. Mr. COBURN. It does not at this Let me make one final point. There The PRESIDING OFFICER (Mr. time. I will give a commitment to the is no group of Americans who have SALAZAR). The Senator from Okla- chairman. Under our rules, when I served this country in greater percent- homa. want to take money away from some- age of their population than American Mr. COBURN. Mr. President, every thing else, I have to deauthorize it. We Indians. You take a look at the per- amendment I have has something to do don’t have enough money in Indian centage of veterans who have served with this bill. They are all germane, health so we have to deauthorize some- this country in wars and during peace- not meant to delay. I am happy to vote thing else. If we get it under the budg- time, no population has had a greater for cloture right now to prove that I et, I have every intention of making us percentage of people who have gone to don’t want to delay this bill. What I make a choice. I will vote for an in- serve America than American Indians. am going to ask is unanimous consent creased authorization at this point in

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1019 time right now for $2 billion. But I will petition in an area where someone is I can get you to come around. Maybe I also come back and say we have to find desperately sick and needs to see a doc- would not get your vote. I know I will the money to pay for it. tor quickly. I happen to agree the un- get your commitment to work toward Mr. DORGAN. Mr. President, why derlying notion of this amendment of it in the future. But I think just adding don’t we do that, provide the author- providing a card to someone to say, more money to IHS doesn’t fix the ized room? The Senator this morning take this card to a health care facility problem. I described that earlier when indicated—and I agreed—that we are and get that need fixed, if you must— I talked about 30 or 45 minutes. What about $2 billion short of fully funding I happen to think that has merit. I will this does is, it treats Native Americans Indian health care. We have full-scale be working with the Senator on that like every other American. That is rationing going on. The amendment with respect to the bolder approaches what this amendment does. It gives has a restriction in it. He limits the to Indian health care. But on page 4, them choice. It gets them out of the amount of funding in his amendment line 4, is where you have budget neu- prison we have placed them in that to the amount of funding that cur- trality: In conducting the program says: You only have one place you can rently exists in Indian health. The under this section, the Secretary shall go. And, by the way, if we run out of President has just proposed a reduction ensure the aggregate payments made contract funds, even if you need to go in funding, even though we are only to carry out the program do not exceed somewhere else, you can’t go. meeting 60 percent of current need. My the amount of Federal expenditures Contract funds actually have run out question is, should we not then remove which have been made available. That on average in June. So for 5 months of that restriction and actually increase is saying that we want to do all of this, the year, when we need to send Native the authorization because he and I which would expand contract care and Americans somewhere else, we don’t have the same goal. Let’s get the so on but within the same amount of have the money to do it. So who suf- amount of money in the system that money that currently exists in Indian fers? provides health care for Indians that health care. It is kind of a chicken and Under this system, you would not run we have promised. egg. out of contract money because you Mr. COBURN. I will happily vote for Mr. COBURN. I would like to reclaim bought an insurance policy. You have that. But what we have to do is de- my time if I might. The fact is, we ap- given them the average cost of an indi- authorize something else. I know you propriate $280 billion a year in stuff vidual insurance cost with what we are disagree with my thoughts on in- that is not authorized right now. So we spending now on care. creased authorizations versus offsets. I will not have any problem appro- By the way, I have another amend- believe we have a commitment. I be- priating this money if we don’t author- ment where we describe what an Indian lieve we have a treaty obligation. I be- ize it. A quarter of the discretionary is because, in my State, we have people lieve we have a moral obligation. But I budget is not authorized right now. We who are 1⁄512th stepping in front of a also believe it has to be balanced with will not have any problem with that. full blood. And most people don’t think the obligation that Members of Con- My amendment says, on the areas the somebody that is 5⁄11th out of 5⁄12th gress refuse to do, which is to make Senator just described, to do it only if ought to be getting full pay for their judgments about priorities. An empty it is geographically feasible. I recog- health care. And in fact, there are .12 promise to authorize that is not offset- nize there are some places where we of 1 percent Native blood. We call that ting some authorization somewhere have isolated reservations and we have light blood in Oklahoma. We have else without coming around and doing IHS. I am willing to put the money be- whole blood, mixed blood, and light it; tons of bills go through this place hind it, but I also realize more of the blood in our State. It actually is very authorizing things so we can send a same doesn’t get it done. So if we dou- complicated because what is happening signal out there that we did something, ble Indian health care money, we are now, we have tribes that have knowing that we never intend to fund still going to have an inefficient sys- quantums and say: If you are not a it. tem that will deliver care at a lower quarter or an eighth, you are not eligi- Right now we have over $8 trillion a level than what you can get in the pri- ble. But under the IHS system, from year in authorizations. It can’t be hard vate sector. some of the other tribes who have to find $2 billion to deauthorize to in- What I am saying with my amend- members who are 1⁄512th, they come crease the authorization for Indian ment is, let’s have both. We ought to down to their area and they get into health. We have to have a vote, and we do both. I am making a statement on IHS. So here is somebody with 1⁄512th have to decide what that is. the Senate floor—and the Senator will taking Indian dollars away from some- I will commit to the chairman, I will recognize, I believe, that I usually keep body who is a quarter or somebody who vote for that, as long as we are decreas- my word about coming back and doing is a full blood. ing somewhere else. I am willing to go what I say I will do—I will work to get What we have said is: Tribes, you find where that is for the chairman. I the extra $2 billion, but an extra $2 bil- have to decide who is an Indian. We ac- will commit that I will offer an amend- lion in a broken system is not just tually have some people who are a ment to increase the spending for this money that is broken with IHS. I be- thousand and 24th that we are giving in our budget. I also will commit that lieve the chairman will agree. What I full blown care to in Oklahoma. They when the appropriations come through, wanted to do is fix the system and in- have access to care somewhere else, although I may not vote for the whole crease the money, increase the choice but they don’t want to pay the deduct- appropriations bill because it is not and security that Native Americans ible or the copay. So they step in line going to just be for Indian health care, are entitled to that all the rest of us in front of a full blood. We have to I will vote for amendments that will have. change that. We have to fix that. We increase the amount of money that The fact is, if the only place a Native have to fix that because our obligation goes to Indian health care as long as it American can get care is IHS, that is has to be to the person with the most is within the budget. That is why I said not freedom. That is not the promise and then come down. So if we really my goal is to do that within the budget kept in its fullest bloom. It is saying, have restricted dollars, what we have where we could have a debate about here is the only place you can get care. to say is, if you are below a certain priorities. If the care happens to be great, super. level, you have to contribute some- Mr. DORGAN. If the Senator will But if the care happens to be average thing. That is the other way that we yield further, one of the dilemmas in and they need better, they don’t have solve this problem. That doesn’t de- providing Indian health care, not so that opportunity. If the care happens mean the heritage of our Native Ameri- much in the State of Oklahoma but in to be—and sometimes we know it is, cans. other areas where there are reserva- like some of the cases the chairman What that says is, the reality is, in tions, is in many cases the only health has presented—when it is substandard 2016 in this country, we are going to be care that is available is the Indian and that is the only choice they have, cutting spending all over the place be- Health Service clinic, and you are 80 that is not acceptable. cause that is the year interest rises miles away from the nearest hospital. Let me finish my deal, and I will let through the roof. That is the year we In many cases there will never be com- you go and you can hammer me. I hope run out of Social Security with which

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1020 CONGRESSIONAL RECORD — SENATE February 14, 2008 to pay for Medicare. That is the year in Mr. COBURN. I inquire of the Chair, My colleague says: I will support— which for the projected spending, based earlier this morning I made all my quoting him—increased funding, in- on revenues, based on growth even at 4 amendments pending. creased authorization. But the amend- percent, we start running trillion-dol- Mr. President, I ask for the regular ment he authors actually restricts the lar deficits—trillion-dollar deficits. order on amendment No. 4034. amount of money available. In order to Have we ever asked ourselves why The PRESIDING OFFICER. The do something new, if you are going to gold is worth four times more against amendment is pending. restrict the amount of money available the American dollar than it was 10 Mr. COBURN. Mr. President, I ask to what is available now—if you are years ago? Do you think it has any- for the yeas and nays on the amend- going to do something new—it is going thing to do with people thinking we ment. to come from some place. I will tell cannot pay back our debt? The PRESIDING OFFICER. Is there a you where it is going to come from. It So this idea that we are going to sufficient second? is going to come from clinics out in have more money in the future to do There appears to be a sufficient sec- those reservations where there is no more things is not going to be there. ond. choice. We need to come to the reality of the The yeas and nays were ordered. There is only one opportunity for situation. We need to start making The PRESIDING OFFICER. The Sen- somebody who has broken an arm or some of the hard choices. To me, keep- ator from North Dakota. developed an illness or disease and Mr. DORGAN. Mr. President, I thank ing our commitment to Native Ameri- needs to go someplace quickly to find my colleague for coming and debating cans has to be set up now; otherwise, it health care. They are going to go to the amendment. I understand he has to is not going to happen, and the funding the local Indian health clinic. This leave. money is going to come out of their is not going to get increased between The Senator from Oklahoma cer- hide because this amendment offered now and 2016. Other than what we do tainly is right, it is not more money provides a restriction that no addi- this year, it is going to be hard. The necessarily that is only going to solve money is going to be hard to get, even tional resources can exist. the problem. But I guarantee you that I do not denigrate the idea offered by if we get out of Iraq. less money will not solve the problem. We are going to get notice today on the Senator from Oklahoma. But this If we are 40 percent short of money what I have been working on for 2 clearly is not something that would be needed now, I guarantee you that the years, talking to the Census Bureau helpful to a lot of American Indians. In same amount of money will not solve about that they are going to be out of fact, I believe it would be hurtful to a the problem. The amendment he has of- control and spend a whole lot more lot of American Indians who are the fered has a provision that says we are money. I am getting ready to get no- ones who have no choice—who have no going to do something different, we are tice by the Secretary of Commerce—I choice at all—but must try to get their going to do something that is unique, have a meeting with him this after- emergency care and must try to get and, by the way, you cannot spend any noon—that there is going to be a close their basic health care met at those more money than you are now spend- to $3 billion more pickup to do some- clinics. ing in a system that is already 40 per- thing we have to do because it has been I mentioned this morning a woman cent short of money. totally mismanaged—totally mis- named Harriet Archambault whose How can we have an amendment that health care was in McLaughlin, SD, in managed. We have been having hear- restricts the amount of funding? When ings for 21⁄2 years on it, where they a satellite clinic of the Indian health he says that—he started this morning care facility for the Standing Rock have been denying it, and now they are by saying we are $2 billion short. It is coming to say it has been mismanaged. Tribe in Fort Yates, ND. That was her interesting, I do not necessarily dis- health care: the McLaughlin, SD, sat- They are coming to agree. agree with the proposition of trying to It is why oversight matters. Had we ellite clinic. They can handle 10 people find choices, providing an insurance gotten some of the amendments in the morning and 10 people in the card, or some other mechanism by through this body that we offered on afternoon. That is it. If you are not on which we create some competition with the census, we would not be here. But, the list of 10, that is it, and you cannot the Indian Health Service. But this instead, we are going to spend $2 bil- make a reservation. You come and you may be much better for Oklahoma than lion to $3 billion more because we did sign in. it might be for other States. not pass the amendments offered based Well, she came five times, drove 18 If you have an Indian Health Service on oversight that we did in my com- miles one way each time. Five times area where you are in an Indian res- mittee. she came, and 5 times she was too late The whole goal—I am not perfect. I ervation 80 miles from the nearest hos- to be in the top 10. She could not stay am not right, necessarily, on how I pital, and the only health care capa- because she was taking care of her want to do that. I will admit that to bility you have is to go to the Indian grandchildren. She was the daycare the chairman and ranking member. Health Service, well, you know what, provider for her grandchildren. Her But I know more money does not solve we better have adequate funding for medicine had run out for hypertension the problem on this, and unless we cre- that, at least current funding for that. and high blood pressure in mid-Octo- ate real freedom, real choice, and real If you add another program on top of ber. Five times she got up early in the health care security for Native Ameri- this for other Indians who can go some- morning to drive nearly 20 miles, and cans, we will never have an efficient where else in a metropolitan area and she did not get there in time. There IHS system, and we will never meet the be able to present a card, because they were 10 people on the list ahead of her. commitments that we say we have. have now taken money out of the sys- One month later she died. She tried So I will ask for the yeas and nays on tem and purchased their own insur- five times and never got there, in a re- this amendment. I will listen to the ance—you allow that to happen, then mote satellite location. chairman. I do have a meeting at 2 the American Indian who is living on The fact is, people are dying. Chil- o’clock I have to be at. Whenever the the reservation with the current Indian dren are dying. Elders are dying. There chairman would like to stack the Health Service clinic there has less is not nearly enough money to keep votes, if we run others, I will be happy money. the promise this country made to to work with whatever is his pleasure. How does that work to help the folks American Indians. The amendment of- Mr. President, I ask for the yeas and who are stranded with no competition? fered today is one I am very interested nays. It seems to me the way this is written, in working with the Senator from The PRESIDING OFFICER. The with a restriction that says there can- Oklahoma on in a significant reform amendment is not currently pending. not be any additional resources beyond package in which we dramatically in- AMENDMENT NO. 4034 that which currently exist—and, by the crease the resources to keep our prom- Mr. COBURN. I ask that amendment way, the President wants to cut that. ise, and then try to provide some com- be brought up, No. 4034 be made pend- We have wide-scale health care ration- petition and some choice. I am inter- ing, and ask for the yeas and nays. ing going on in this country, with peo- esting in doing that, frankly. The PRESIDING OFFICER. Is there ple dying because of it, and the Presi- I am not interested in passing an objection? dent’s budget cuts it. amendment that says, let’s do this in a

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1021 way that restricts funding for others, Senate from any further consideration Mr. DORGAN. I would be happy to which is what this amendment does. of this bill until he decides to return? yield. There is a specific restriction on fund- Is that the situation? Mrs. BOXER. Thank you. In order to ing, and that means there is going to Mr. DORGAN. Mr. President, I am try to get my schedule and Senator be less funding for those clinics, in- told one of our colleagues, who is upset BYRD’s schedule—I know Senator BYRD cluding the satellite clinics. That is about something, has gone off to give a wishes to speak for about 20 minutes. I not something I am willing to enter- speech downtown at a meeting and will wish to ask unanimous consent if I tain. not return for a while. His staff indi- could follow him because there was an But, again, I appreciate finally get- cates we are not to move without his amendment that involved California. I ting an amendment offered. My col- consent, and he won’t provide consent was not able to be here, and I wish to league indicated he will be back. I indi- until he comes back, if then. answer that. If I could follow Senator cated earlier we are at parade rest be- Mr. DURBIN. So the Senate is at a BYRD. cause one of our colleagues apparently halt at this point until the Senator’s Mr. DORGAN. Mr. President, how has an objection, through his staff, personal schedule accommodates his much time is Senator BYRD requesting? through leadership, and he is off, ap- return? Mr. BYRD. Fifteen minutes. parently, at a meeting downtown, and Mr. DORGAN. Well, it sounds that Mr. DORGAN. Mr. President, Senator has a speech, and he will be back some- way. But we will see. Again, it is very MURKOWSKI may wish to add some com- time around 3:30 maybe. But in the frustrating. We have worked very hard ments, at which point I believe I will meantime, through his staff, we are to bring this legislation to the floor of send the managers’ package to the told we are not able to move on any- the Senate. I know a lot of people are desk and ask for its consideration. thing. counting on the Congress to do the Mrs. BOXER. Mr. President, can I I have a managers’ package that is right thing. My hope is we can move have an answer to my question? agreed to, I believe, and I want to send forward. I think we have about four Mr. DORGAN. I intend to answer the it to the desk in a moment. My under- amendments we have cleared. We have Senator. standing is, we cannot move to em- a managers’ package that is cleared. Mrs. BOXER. Thank you. brace it despite the fact it would be a We will get votes on the Coburn Mr. DORGAN. Following that, I will unanimous consent, because one of our amendment, which is germane, right be happy to yield the floor. As I under- colleagues is downtown and will not be on target, on the bill. So there is no stand it, the Senator from California back for an hour and a half. That will reason we cannot move forward and get wishes to follow the Senator from West make him gone for 3 hours. In the this piece of legislation done. Virginia. Mr. DURBIN. Mr. President, I would Mrs. BOXER. If I might, yes. meantime, we sit here with our hands like, through the Chair, to ask the Sen- Mr. DORGAN. The Senator from in our pockets trying to figure out how ator from North Dakota, why don’t we West Virginia wants 15 minutes. And on Earth we explain this is a body that go ahead and move the package then, the Senator from California wants how is supposed to get something done. and we can preserve the right of that much time? I said this morning I have often Senator to offer his amendment when Mrs. BOXER. I think if I have 15 min- called this place 100 bad habits, despite he returns. That is preserving his right utes that would be fine. the fact I feel enormously privileged to as a Senator if he wants to offer an Mr. DORGAN. Mr. President, let me be here. I love the Senate. But I am not amendment. But to stop the entire defer on the managers’ amendment for very happy about the way this place amendment process and all the other a moment, and let us begin with Sen- works today because we deal with an possibilities—I hope we do not let that ator BYRD’s request for 15 minutes, fol- important issue that is life or death to happen. lowed by Senator BOXER. Then my hope some people, and we are having a dif- Through the Chair, I ask the Senator would be that we can come back to this ficult time. from North Dakota, is that being con- bill. We have amendments pending and Senator MURKOWSKI has worked on sidered? it is very important that we finish the this bill with me for a long period of Mr. DORGAN. Yes. Let me do this. bill itself this afternoon. time. Before her, Senator MCCAIN Let me say the managers’ package is Does Senator MURKOWSKI wish to worked on this legislation. We are fi- something we have negotiated. I be- comment at this point before Senator nally on the floor of the Senate, and lieve it has been agreed to unani- BYRD takes the floor? because of things that have nothing at mously. I do not know of any objection Ms. MURKOWSKI. I will defer to all to do with this bill, we are standing to the package itself. I do know of Senator BYRD. here frozen because somebody is gone, some objections to the process because Mr. DORGAN. Mr. President, I yield apparently. one Senator who is not here has staff the floor. Mr. DURBIN. Mr. President, will the objecting. The PRESIDING OFFICER. The Sen- Senator yield? Let me suggest in about 5 minutes I ator from West Virginia is recognized. Mr. DORGAN. Mr. President, I am am going to send the managers’ pack- WAR FUNDS happy to. age to the desk and ask for its consid- Mr. BYRD. Mr. President, on Feb- Mr. DURBIN. Mr. President, I say to eration. If there is someone who feels a ruary 11, 2008, the Congressional Budg- the Senator from North Dakota, this is managers’ package that has been et Office responded to an inquiry from a critically important bill for a lot of unanimously agreed to and worked on Senator KENT CONRAD, the chairman of very vulnerable people, Native Ameri- very hard—by the way, let me say—and the Committee on the Budget, regard- cans, who have not been treated well my colleague Senator MURKOWSKI can ing the costs to date of U.S. operations throughout our history. I thank the add to it—we have about five or six and involvement in Iraq and Afghani- Senator from North Dakota for his areas in the managers’ package that stan. Allow me to quote in full the crit- leadership in trying to bring this bill are very controversial and had caused ical summary line of this letter: to the floor. But could I ask the Sen- us a lot of problems. We worked and If the administration’s request for 2008 is ator from North Dakota, how many worked and negotiated with all of funded in full, appropriations for military days have we been on the bill on the those for whom this controversy exists, operations and other war-related activities floor of the Senate? and we negotiated something that is in Iraq, Afghanistan, and elsewhere in the Mr. DORGAN. Mr. President, this is agreeable to everybody. It was a good war on terrorism will rise to $188 billion this this third day we have been on the thing to have done. Finally, this man- year and to a cumulative total of $752 billion floor of the Senate. Our hope was this agers’ package, I think, is now agree- since 2001. would be the day in which we complete able to everybody, and it is a good It can be difficult to truly grasp how action by late this afternoon. Obvi- piece of work. So in about 5 minutes I large a number is $752 billion. Let me ously, it does not appear that way. wish to send it to the desk and ask for offer some comparisons. According to Mr. DURBIN. Mr. President, is it my its consideration. Forbes Magazine, the world’s most ex- understanding that one Senator has Mrs. BOXER. Mr. President, will the pensive car, a 1930 Bugatti Type 41 announced he is off for lunch and some Senator yield, through the Chair, for a Royale, is worth an estimated $10 mil- meetings and would like to stop the question? lion. For $752 billion, one could own a

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1022 CONGRESSIONAL RECORD — SENATE February 14, 2008 fleet—a fleet—of 75,200 Bugatti Type 41 much, much remains undone that was quest, to be able to share with our col- Royales; that is, if more than 6 had supposed to be done long, long ago. As leagues, I may ask her to yield so I ever been made, or for $752 billion one long as in-country government officials might propound a unanimous consent could purchase 442 space shuttles at and all of the associated contractors request during her presentation. $1.7 billion each, according to NASA. continue to profit from corruption and The PRESIDING OFFICER. The Sen- Here is one final comparison: Accord- an unchecked ability to commit fraud, ator from California is recognized. ing to the Bureau of the Census, the waste, and abuse, there is little—little, AMENDMENT NO. 4067 average price of a home in the United I say—incentive for anyone to make Mrs. BOXER. Mr. President, I am States in 2007 was $311,600. Let me re- the progress that would assist the speaking to an amendment that was of- peat: According to the Bureau of the United States and the rest of the inter- fered by Senator DEMINT, which he Census, the average price of a home in national community in departing. said he wants to reoffer. I want to ad- the United States in 2007 was $311,600, American taxpayers and the Com- dress this amendment which unfairly assuming one could still get a mort- mittee on Appropriations have invested targets and penalizes taxpaying Ameri- gage in today’s real estate market. For $752 billion in Iraq and Afghanistan. We cans by denying them some very im- $752 billion, one could buy 2,413,000 expect to see that treasure treated portant appropriations that were ap- homes—enough homes to house every with the same respect that we give to proved by Congress in 2008. family in a city roughly the size of our troops. They too have worked hard. Senator DEMINT came to the floor to Jacksonville, FL or Indianapolis, IN. They too have sacrificed much to pro- describe actions that the city of Berke- That is $752 billion and counting, as vide the security for reconstruction ef- ley took last week in relation to the the President’s fiscal year 2009 budget forts to take place. None of that sac- U.S. Marine Corps recruiting office. request has come in, and Secretary rifice—none of that sacrifice—should Let me be completely clear about those Gates has suggested that after the be thrown away on cases of fraud, actions. Three of the members, in par- ‘‘surge’’ troops come home, troop levels waste, abuse, and through rampant ticular, wanted to send a letter ex- in Iraq will not—not—drop below corruption. I—the personal pronoun I— pressing their disapproval of the Ma- 130,000 for at least—at least—the re- intend to conduct a hearing on this rines having a recruiting center in mainder of this year. In Afghanistan, matter as a first step, as a first step in Berkeley. The language was offensive the 27,500 troops currently deployed what will be a long, long, hard look at to many. I did not agree with anything will be augmented by an additional just where—just where—the taxpayers’ they said. 3,200 marines this spring. So I do not hard-earned money has been going. Now, on Tuesday, they explicitly believe that this budgetary comet will I intend to invite Senator DORGAN, I stated that the ill-advised letter they do anything but continue its meteoric intend to invite Senator LEAHY, and I were planning to send to the Marines rise. intend to invite Representative WAX- would no longer be sent. Therefore, you We all might still count this $752 bil- MAN to testify on the findings of their would think Senator DEMINT would lion as well spent if we thought we earlier investigations. I will also invite then say, fine, I am glad they changed were getting good value for our money, other witnesses to offer their expertise their mind. In addition, the city said if both nations were being rebuilt and on issues concerning the abuse, misuse, this in writing. showing signs of stability and recov- and loss of U.S. funds to corrupt prac- I ask unanimous consent to have ery. However, there is evidence that tices. I appreciate the encouragement printed in the RECORD the statement the vast sums of money being thrown and support of our Democratic leader, they made about the Marines, if I at Iraq and Afghanistan are not all Senator REID, in tackling this issue. might. being well spent. Far too much money This is not a partisan issue. Good There being no objection, the mate- is being siphoned off to line the pock- governance and the wise use of tax- rial was ordered to be printed in the ets of greedy contractors while the payer dollars are always nonpartisan RECORD, as follows: work which they are being paid to do goals. It is the responsibility of all of CITY OF BERKELEY, goes undone or is poorly done. Alarm- us—and I mean all of us—to determine CITY CLERK DEPARTMENT, ingly, money, weapons, and oil profits the scope and the scale of the problems Berkeley, CA, February 13, 2008. have apparently been delivered directly and then to devise the best—nothing To: Senator Barbara Boxer, Jennifer Tang: to insurgents and militias that are not but the best, and only the best—and Per your request, below is an excerpt from under government control in Afghani- fastest solutions to fix them. the February 12, 2008 City Council meeting stan and Iraq. That must be stopped. I yield the floor. Annotated Agenda in reference to Item 25. In Afghanistan, one U.S. think tank The PRESIDING OFFICER (Mr. NEL- 25. Reiteration of Berkeley’s Opposition to recently estimated that only $1 of aid SON of Nebraska). The Senator from the Iraq War and Clarification of the City’s out of every $10 actually reaches an Af- North Dakota is recognized. Support for the Men and Women who Volun- tarily Serve this Country in the Military. ghan. In Iraq, a local Iraqi businessman Mr. DORGAN. Mr. President, the an- From: Councilmembers Olds and Capitelli. told a reporter that: nouncement by the Senator from West Recommendation: I’d say that about 10 percent of business Virginia, chairman of the Appropria- (1) That the City Council through adoption was corrupt under Saddam. Now, it’s about tions Committee is, I think, good news. of this item, publicly differentiate between 95 percent. We used to have one Saddam, now It is the case that the Appropriations the City’s documented opposition to the un- we have 25 of them. Committee appropriates a great deal of just and illegal war in Iraq and our respect Despite the growing reports of cor- money, and the question about over- and support for those serving in the armed forces. rupt practices and the rising number of sight is very important. The Senator (2) Rescind point 2 of Item 12, of the Janu- allegations of the fraud, waste, and from West Virginia talks about under- ary 29, 2008 Berkeley City Council Agenda, abuse of Government contracts, not standing and needing to know how the ‘‘Marine Recruiting Office in Berkeley,’’ re- enough is being done to apply diplo- money is spent, where the money is garding communications with the Marine matic pressure on the Governments in spent. Recruiting Station in Berkeley. Iraq and Afghanistan to clean up their With nearly three quarters of a tril- Financial Implications: None. acts, and not enough resources are lion dollars having been spent on the Contact: Betty Olds, Councilmember, Dis- trict 6, 981–7160. being applied to efforts to investigate wars in Afghanistan and Iraq and the Action: M/S/C (Mario/Moore) to— and prosecute contract fraud. Congress war on terror, there has been so much 1. Accept Councilmembers Olds and has been watching, holding hearings, waste, fraud, and abuse, and there has Capitelli’s recommendation to publicly dif- and complaining on behalf of the tax- been too little oversight. The Senator ferentiate between the City’s documented payers, but much more—much more— from West Virginia is showing great opposition to the unjust and illegal war in needs to be done. After 7 years, we can- foresight and courage in saying we are Iraq and our respect and support for those not continue to hide behind feeble ex- going to provide that oversight. I think serving in the armed forces, and the Senate and the American people 2. Accept the following statement sub- cuses. Too much money is being lost to mitted by Mayor Bates and Councilmembers continue to let the systemic abuses owe him a debt of gratitude for launch- Anderson, Maio and Moore: persist. ing this effort. I say thank you. Given the confusion about the Council’s After 7 long years, 7 long years of oc- I know the Senator from California is action on January 29, 2008, a strong state- cupation and reconstruction efforts, going to speak. When we finish the re- ment of the Berkeley City Council’s position

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1023 regarding the Marine Recruiting Station is to see what they might say, and then because they are attracted to high- needed. The City of Berkeley and the citizens say I am going to punish everybody be- sugar foods and sodas and all the are strongly opposed to the war in Iraq. The cause I don’t agree with that speech. things that are not good for them. Here war has resulted in over 4,000 soldiers killed, The other thing I found interesting is is a program that teaches them to love tens of thousands wounded in body and spir- that in a press release the Senator the whole notion of eating in a healthy it, hundreds of soldier suicides, and millions of Iraqi people killed, injured and displaced from South Carolina, Senator DEMINT, way. That is a program Senator from their homes. In addition, the hundreds challenged the process by which the DEMINT went after, along with his of billions of dollars spent on this deeply im- funding requests were granted by the friends who are cosponsors. I wish to moral war could have been spent to meet the Appropriations Committee. Today, he show you some other programs that needs of our people and to strengthen our called them ‘‘secret’’ earmarks. Yet are impacted. This is unbelievable. economy. We recognize the recruiter’s right every one of these projects was funded In this photo, we see a few of the to locate in our city and the right of others in the most open and transparent man- most seriously disabled people you can to protest or support their presence. We ner. find in America today. They want to deeply respect and support the men and I will show you what those earmarks live independently. Here is Ed Roberts, women in our armed forces. However, we who needs oxygen every second, with a strongly oppose the war and the continued are. As a matter of fact, this is an op- recruitment of our young people into this portunity for me to celebrate those tube in his mouth. We want these won- war. particular projects because they are so derful people—some of them who are With the issuance of this statement there important to the police, to the fire de- veterans—to be able to live independ- is no need to send the letter to the Marine partment, to the children, to the dis- ently. Here you see pictures of them Corps that the City Council approved on Jan- abled, to students, to the memory of a doing that, with paralyzed bodies— uary 29, 2008. wonderful Congressman Bob Matsui, children, moms. He wants to take away Noes: Olds, Wozniak. and also to the environment. You will the funding because he disagreed with Mrs. BOXER. Mr. President, they see what I mean. Every document per- what some people said at the Berkeley said they ‘‘deeply respect and support taining to those projects was made City Council, which they now have the men and women of our Armed available to the public. Every request taken back. Outrageous. Outrageous. Forces.’’ I think the council did the was approved in the openness of the Let’s show you the other earmarks right thing. They realized they should House and Senate Appropriations Com- they are going after. Here are students not mix up the Iraq war, which was mittees and the openness of the House at UC Berkeley. There is a program brought to us by this President, and and Senate Chambers. named after Bob Matsui, the beloved the warriors who fight it. There is a If the Senator from South Carolina, Congressman. They are going after difference. They recognized that. I am Senator DEMINT, was so concerned that program as well. very glad about that. You would think with these funding requests for our po- Here is a picture of congestion in the Senator DEMINT would be very glad lice, for our fire department, for our San Francisco Bay area, where you can see the Bay Bridge here; and you can about that. He is not. He is still angry children, the disabled community, for barely tell it from where you are sit- and he is still wanting to fight the bat- our environment, and for our college ting, Mr. President, but all these dots tle of a couple weeks ago and not rec- students, he had the opportunity to are cars. We have the most congested ognize the fact that this letter he was challenge the funding of those re- areas in the country. We want to get railing about, which offended him and quests. He had that opportunity when funding for a ferry boat to carry people many others, was never sent. the bill was on the Senate floor. He and get them out of their cars and use That aside, the DeMint amendment didn’t do that. Oh, no, he is going to the waterways. This was Congress- is an attack on the rights of citizens to challenge them because someone in the woman LEE’s earmark. He wants to cut participate in free speech. There are a city council—several members—said lot of things that go on in this country this because he didn’t agree with mem- something offensive that he didn’t like bers of the council who have now taken that I think are terrible; I think they and, therefore, as a result of that, in- are wrong, mean spirited, and hurtful. back what they said. stead of standing up and talking to Here are our heroes, the firefighters. I think a lot of things, because we all those people who made those offensive They are part of the recipients of an have our own opinions on what is said. comments and trying to change their award that we said they deserve so If every time I heard about some city mind, he tries to punish all the people there could be some communication in councilman in some city in another in the surrounding area. The reason, I our region between the fire and the po- State saying something I thought was would posit, that the Senator didn’t lice in the jurisdiction, so that when offensive, that hurt our military, our challenge these earmarks at the time we have a terror attack—and we hope seniors, disabled people, minorities or they were made is because they are ex- we never do—or when we have a fire— children, I came out here and said: Oh, cellent programs. and we often do—or an earthquake, my goodness, let’s withhold funds from Congressional and executive funding which we often do, they have commu- that city because of that city council- requests, whether they are earmarks nications equipment. This is what Sen- man, we would have quite a situation from the President or Congress, should ator DEMINT wants to take away from on our hands. be awarded based on merit, not based law-abiding firefighters because he State and local governments all on what someone in a community said. didn’t agree with something the city across this Nation pass resolutions and It is just beyond belief. They should be council said, which they took back. measures that many of us don’t agree able to stand on their own merits and Here is the real point I have to make with on a host of issues. Disagreements serve the people we represent. about all this. Senator CHAMBLISS is an are part of the political discourse. Why I am going to show you some photo- original cosponsor of the DeMint on Earth would we punish good, decent graphs that talk about some of these amendment challenging these ear- citizens because some members of their earmarks. The first is of these beau- marks. Let’s look at an earmark he got local government or the sewer district tiful children standing in this garden in his State. It was for the Daugherty or mosquito abatement district or that is run for the benefit of public County School System Healthy Life- water district or others say something schools in the Berkeley School Dis- style Program. Ours is the Berkeley that is offensive? Yes, we have a right trict. These students learn how to Unified School District School Lunch to come to the floor, as Senator plant and grow vegetables and harvest Initiative. I don’t see Senator CHAM- DEMINT did, and say it is terrible and the vegetables. They work the garden. BLISS trying to give up his program. I wrong and take it back. That is fine. I They learn about nutrition. They learn would never try to take that away welcome that. But I don’t sit around how to cook the food, serve the food, from him because of something some- waiting to hear what they are saying in and clean up. This is such a popular body said in his State that I didn’t South Carolina, Georgia, Texas, and program that it is being replicated in agree with. Oklahoma—those are the States of the places as far away as Louisiana. We all Here is Senator CORNYN, another Senators who want to take away these know we have serious problems with proud sponsor of the DeMint amend- funds from the good people of northern our kids with diabetes. We know our ment to slash these earmarks: Ed Rob- California. I don’t sit around waiting kids don’t eat the way we want them to erts Disability Services Campus in

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1024 CONGRESSIONAL RECORD — SENATE February 14, 2008 Berkeley. I showed the people coming Berkeley is a tremendous supporter of all the If he wants to continue with this back from the war, paralyzed veterans military programs on campus as well as all amendment, if he wants to offer it to in wheelchairs. Senator CORNYN wants the military personnel, their dependents and every bill we have, then I will be right veterans who attend this university. It to cut that earmark because the city would be a travesty of justice to . . . punish down here with these photographs and council said something offensive which UC Berkeley for the actions of the Berkeley others that I have. I will be right down they have now since taken back. I City Council. here with more testimony from the would never go after Senator CORNYN’s When this was written, I don’t know military who will testify to how in- paratransit vehicle replacement in Abi- whether Captain Laird knew that the credibly welcoming UC Berkeley is to lene, TX. Berkeley City Council did not send our men and women in uniform. Here we go: The Strom Thurmond that letter and instead finally realized There will be wars in the future—we Fitness and Wellness Center at the their mistake and said how much they all hope there will not be, but there University of South Carolina. We don’t support our men and women in uni- may be—with which we do not agree, know who got that earmark because it form. but we must never confuse our anger at was secret. It was secret. But I would The fact is, this kind of a punishment the people who would send our young never try to take away the Strom for a community such as this, a com- people to a war of choice or a wrong- Thurmond Fitness and Wellness Cen- munity of families who care about headed war and the young people who ter. Then let them leave alone the Bob their country, who are taxpaying citi- are sent there. We must come here Matsui Center for Public Service at UC zens, because of actions of a few, is an every day to support those young men Berkeley. outrage. It would be a terrible prece- and women. Let’s not use this as a way Senator INHOFE, my friend, is a proud dent if we now started punishing chil- to take cheap political shots because sponsor of this amendment, too. He has dren, policemen, firemen, disabled vet- they do not deserve it. the Oklahoma City River Ferry Boat erans, and students. If that is what we Mr. President, I yield the floor. Transportation Program. He was proud are going to become in this Senate, The PRESIDING OFFICER. The Sen- to get that earmark. I would never go then we do not deserve to be here. That ator from North Dakota. after that if someone in Oklahoma said is absolutely wrong. Mr. DORGAN. Mr. President, we have something that I did not like, a city The Marine Corps has given 232 years been patiently waiting for some hours councilman, a mayor. Maybe I of exemplary service to our Nation and, now. It is pretty unbelievable to watch wouldn’t like it and I might write them tragically, 974 of the marines who this process work. The old saying a letter and say what they said was served in Iraq paid the ultimate price. about watching sausages being made or wrong, unpatriotic, I don’t agree with More than 440 of those were based at laws being made, it is not a very at- it. But I would never go after an ear- Twenty-nine Palms and Camp Pen- tractive picture. That certainly is true mark that helps move people from dleton in my home State of California. today on the floor of the Senate. We have legislation we reported out place to place. So let him leave alone The Marines deserve our respect and from the Indian Affairs Committee the San Francisco water ferry. our gratitude and our support. dealing with an obligation that this Here is Senator VITTER, another Again, I am glad that the council re- country has to provide Indian health proud cosponsor of the DeMint amend- alized there is a difference between a care. It is an obligation we promised in ment. I cannot tell my colleagues how war and a warrior. treaties. It is a trust obligation re- many times I have helped Senator VIT- Again, Senator DEMINT seems to be affirmed by our courts, and it has been TER in my committee get help for the making political points on an issue nearly 10 long years getting to the people of Louisiana. Do I agree with that essentially was resolved. But if he floor to reauthorize the Indian Health what every city council member says wants to come here and debate with me Care Improvement Act. It is not as if in Louisiana? Probably not. And if I why it is right to take away money from students, if he wants to debate anybody is speeding around here. did disagree with them, if they said We finally get to the floor of the Sen- something I found unpatriotic or not with me why it is OK to take away money from disabled veterans, why it ate, we are on the third day, and we caring about our troops, I would send have all kinds of amendments that them a letter, but I wouldn’t go after is OK to take away money from fire- fighters, many of whom are veterans, have little to do with Indian health Senator VITTER’s earmark for the many of whom put their lives on the care. Baton Rouge Communication Tech- We have been standing at parade rest nology Pilot Program because I think line every day, if he wants to have that debate, I will be on my feet, and I will for 3 hours while one of our colleagues it is important that police, fire, and has been giving speeches downtown and emergency workers, who are our he- have that debate. I know Senator DORGAN wishes to their staff has indicated they must ob- roes, have the funding they need. have the floor. Mr. President, is Sen- ject to this request. I do not under- The final item I want to show my ator DORGAN ready to make his UC re- stand the 25 stages of approval required colleagues is this: This move by Sen- quest? in this Chamber to say hello or good- ator DEMINT to take away the funding Mr. DORGAN. Mr. President, has the bye. Perhaps we can find a way to was addressed by the chair of the Mili- Senator from California completed? move on the issue that confronts the tary Affairs Department, Commanding Mrs. BOXER. I will yield to Senator Senate at this moment, and that is In- Officer, ROTC, at the University of DORGAN or I can complete in 2 minutes. dian health care. Even as we talk, peo- California. I want to read what he said Mr. DORGAN. Mr. President, I ask ple die out there because there is full- about the University of California at the Senator from California to com- scale rationing of health care. Berkeley. I will just read certain state- plete her statement, after which I will One part of this legislation that we ments: be recognized. have worked on is called the managers’ Given the recent spate of controversy sur- Mrs. BOXER. The point I am making package. It is not a typical managers’ rounding the U.S. Marine recruiting office is, we all have our opinion on what package we see with other legislation . . . I feel it is my obligation to inform mem- constitutes free speech. I support Sen- where there are a lot of additions. This bers of Congress of the relationship we have ator DEMINT’s right to express his managers’ package is a requirement we with the university and the outstanding sup- had to try to negotiate about five very port it provides not just to the ROTC Pro- opinion about what he thought of the gram but to all military personnel, their de- proposed actions of the Berkeley City difficult and very controversial issues. pendents and veterans as well. Council. He has every right to do that. We had great objections to certain UC Berkeley has been and continues to be He has every right to offer his amend- areas of the bill, so Senator MURKOWSKI a very big supporter of all our ROTC pro- ment. But I have every right to come and I and our staffs worked over the grams here on campus. They should in no down here and say I think not only is last month to negotiate, and we way be associated with or linked to the ac- it mean-spirited, it is hurtful to the reached agreement on five or six areas. tions of the Berkeley City Council which has wrong people. And I have every right to That agreement was pretty difficult taken on a very outspoken stance against to reach, but we did it with a lot of the United States Marine Corps Recruiting come down here and say: Senator Station in the city. . . . DEMINT, they never sent that letter to people on both sides of the aisle. That I would like to ensure that those in favor the Marines, happily. They rethought is what is comprised of this managers’ of the Semper Fi Act understand that UC it. package.

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1025

AMENDMENT NO. 4082 TO AMENDMENT NO. 3899 ‘‘(4) substantive knowledge of the project (as amended by section 101) is amended by Our managers’ package is at the or function to be contracted for; striking paragraph (27) and inserting the fol- desk. I ask unanimous consent that the ‘‘(5) adequately trained personnel; or lowing: pending amendment be set aside and ‘‘(6) other necessary components of con- ‘‘(27) The term ‘urban Indian’ means any tract performance. individual who resides in an urban center that the managers’ amendment, which ‘‘(b) PAY RATES.—For the purpose of imple- and who meets 1 or more of the 4 criteria in is at the desk, be considered. menting the provisions of this title, the Sec- subparagraphs (A) through (D) of paragraph The PRESIDING OFFICER. Without retary shall assure that the rates of pay for (12).’’. objection, it is so ordered. The clerk personnel engaged in the construction or Beginning on page 358, strike line 23 and will report. renovation of facilities constructed or ren- all that follows through page 360, line 11, and The assistant legislative clerk read ovated in whole or in part by funds made insert the following: (d) SATISFACTION OF MEDICAID DOCUMENTA- as follows: available pursuant to this title are not less than the prevailing local wage rates for simi- TION REQUIREMENTS.—Section 1903(x)(3)(B) of The Senator from North Dakota [Mr. DOR- lar work as determined in accordance with the Social Security Act (42 U.S.C. GAN], for himself and Ms. MURKOWSKI, pro- sections 3141 through 3144, 3146, and 3147 of 1396b(x)(3)(B)) is amended— poses an amendment numbered 4082 to title 40, United States Code. (1) by redesignating clause (v) as clause amendment No. 3899. On page 176, strike lines 12 through 15 and (vii); and Mr. DORGAN. Mr. President, I ask insert the following: (2) by inserting after clause (iv), the fol- unanimous consent that the reading of ‘‘(3) staff quarters; and lowing new clauses: the amendment be dispensed with. ‘‘(4) specialized care facilities, such as be- ‘‘(v) Except as provided in clause (vi), a havioral health and elder care facilities. document issued by a federally recognized The PRESIDING OFFICER. Without Indian tribe evidencing membership or en- objection, it is so ordered. On page 196, line 15, insert ‘‘, including pro- grams to provide outreach and enrollment rollment in, or affiliation with, such tribe The amendment is as follows: through video, electronic delivery methods, (such as a tribal enrollment card or certifi- On page 139, strike lines 5 through 9 and in- or telecommunication devices that allow cate of degree of Indian blood). sert the following: real-time or time-delayed communication ‘‘(vi)(I) With respect to those federally rec- ‘‘(III) may include such health care facili- between individual Indians and the benefit ognized Indian tribes located within States ties, and such renovation or expansion needs program,’’ after ‘‘trust lands’’. having an international border whose mem- of any health care facility, as the Service On page 269, strike line 18 and insert the bership includes individuals who are not citi- may identify; and following: zens of the United States documentation (in- On page 143, strike lines 15 through 17 and ‘‘(d) ALLOCATION OF CERTAIN FUNDS.— cluding tribal documentation, if appropriate) insert the following: Twenty per- that the Secretary determines to be satisfac- wellness centers, and staff quarters, and the On page 336, between lines 2 and 3, insert tory documentary evidence of United States renovation and expan- the following: citizenship or nationality under the regula- On page 145, line 13, insert ‘‘and’’ after the ‘‘SEC. 8ll. TRIBAL HEALTH PROGRAM OPTION tions adopted pursuant to subclause (II). semicolon. FOR COST SHARING. ‘‘(II) Not later than 90 days after the date On page 145, line 16, strike ‘‘; and’’ and in- ‘‘(a) IN GENERAL.—Nothing in this Act lim- of enactment of this subclause, the Sec- sert a period. its the ability of a Tribal Health Program retary, in consultation with the tribes re- On page 145, strike lines 17 and 18. operating any health program, service, func- ferred to in subclause (I), shall promulgate On page 146, line 9, strike ‘‘hostels and’’. tion, activity, or facility funded, in whole or interim final regulations specifying the On page 147, strike lines 15 through 21 and part, by the Service through, or provided for forms of documentation (including tribal insert the following: in, a compact with the Service pursuant to documentation, if appropriate) deemed to be ‘‘(e) FUNDING CONDITION.—All funds appro- title V of the Indian Self-Determination and satisfactory evidence of the United States priated under the Act of November 2, 1921 (25 Education Assistance Act (25 U.S.C. 458aaa citizenship or nationality of a member of U.S.C. 13) (commonly known as the ‘Snyder et seq.) to charge an Indian for services pro- any such Indian tribe for purposes of satis- Act’), for the planning, design, construction, vided by the Tribal Health Program. fying the requirements of this subsection. or renovation of health facilities for the ben- ‘‘(b) SERVICE.—Nothing in this Act author- ‘‘(III) During the period that begins on the efit of 1 or more Indian Tribes shall be sub- izes the Service— date of enactment of this clause and ends on ject to the provisions of section 102 of the In- ‘‘(1) to charge an Indian for services; or the effective date of the interim final regula- dian Self-Determination and Education As- ‘‘(2) to require any Tribal Health Program tions promulgated under subclause (II), a sistance Act (25 U.S.C. 450f) or sections 504 to charge an Indian for services. document issued by a federally recognized and 505 of that Act (25 U.S.C. 458aaa–3, On page 347, after line 24, add the fol- Indian tribe referred to in subclause (I) evi- 458aaa–4). lowing: dencing membership or enrollment in, or af- Beginning on page 159, strike line 12 and SEC. 104. MODIFICATION OF TERM. filiation with, such tribe (such as a tribal en- all that follows through page 161, line 16, and (a) IN GENERAL.—Except as provided in rollment card or certificate of degree of In- insert the following: subsection (b), the Indian Health Care Im- dian blood) accompanied by a signed attesta- ‘‘SEC. 303. PREFERENCE TO INDIANS AND INDIAN provement Act (as amended by section 101) tion that the individual is a citizen of the FIRMS. and each provision of the Social Security United States and a certification by the ap- ‘‘(a) DISCRETIONARY AUTHORITY; COVERED Act amended by title II are amended (as ap- propriate officer or agent of the Indian tribe ACTIVITIES.—The Secretary, acting through plicable)— that the membership or other records main- the Service, may utilize the negotiating au- (1) by striking ‘‘Urban Indian Organiza- tained by the Indian tribe indicate that the thority of section 23 of the Act of June 25, tions’’ each place it appears and inserting individual was born in the United States is 1910 (25 U.S.C. 47), to give preference to any ‘‘urban Indian organizations’’; deemed to be a document described in this Indian or any enterprise, partnership, cor- (2) by striking ‘‘Urban Indian Organiza- subparagraph for purposes of satisfying the poration, or other type of business organiza- tion’’ each place it appears and inserting requirements of this subsection.’’. tion owned and controlled by an Indian or ‘‘urban Indian organization’’; On page 360, strike lines 21 and 22. Indians including former or currently feder- (3) by striking ‘‘Urban Indians’’ each place Beginning on page 361, strike line 19 and ally recognized Indian Tribes in the State of it appears and inserting ‘‘urban Indians’’; all that follows through page 362, line 4, and New York (hereinafter referred to as an ‘In- (4) by striking ‘‘Urban Indian’’ each place insert the following: dian firm’) in the construction and renova- it appears and inserting ‘‘urban Indian’’; ‘‘(1) NO COST SHARING FOR INDIANS FUR- tion of Service facilities pursuant to section (5) by striking ‘‘Urban Centers’’ each place NISHED ITEMS OR SERVICES DIRECTLY BY OR 301 and in the construction of safe water and it appears and inserting ‘‘urban centers’’; THROUGH INDIAN HEALTH PROGRAMS.— sanitary waste disposal facilities pursuant to and ‘‘(A) NO ENROLLMENT FEES, PREMIUMS, OR section 302. Such preference may be accorded (6) by striking ‘‘Urban Center’’ each place COPAYMENTS.— by the Secretary unless the Secretary finds, it appears and inserting ‘‘urban center’’. ‘‘(i) IN GENERAL.—No enrollment fee, pre- pursuant to rules and regulations promul- (b) EXCEPTION.—The amendments made by mium, or similar charge, and no deduction, gated by the Secretary, that the project or subsection (a) shall not apply with respect copayment, cost sharing, or similar charge function to be contracted for will not be sat- to— shall be imposed against an Indian who is isfactory or that the project or function can- (1) the matter preceding paragraph (1) of furnished an item or service directly by the not be properly completed or maintained section 510 of the Indian Health Care Im- Indian Health Service, an Indian Tribe, a under the proposed contract. The Secretary, provement Act (as amended by section 101); Tribal Organization, or an urban Indian or- in arriving at such a finding, shall consider and ganization, or by a health care provider whether the Indian or Indian firm will be de- (2) ‘‘Urban Indian’’ the first place it ap- through referral under the contract health ficient with respect to— pears in section 513(a) of the Indian Health service for which payment may be made ‘‘(1) ownership and control by Indians; Care Improvement Act (as amended by sec- under this title. ‘‘(2) equipment; tion 101). ‘‘(ii) EXCEPTION.—Clause (i) shall not apply ‘‘(3) bookkeeping and accounting proce- (c) MODIFICATION OF DEFINITION.—Section 4 to an individual only eligible for the pro- dures; of the Indian Health Care Improvement Act grams or services under sections 102 and 103

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1026 CONGRESSIONAL RECORD — SENATE February 14, 2008 or title V of the Indian Health Care Improve- ernment is that their tax dollars are I thank the Chair. ment Act. too often misspent. Nowhere is this The PRESIDING OFFICER (Mrs. LIN- Mr. DORGAN. Mr. President, about 5 problem more prevalent than in the COLN). The Senator’s time has expired. hours ago, we were hoping to send that Medicare Program where fraud is con- The question is on agreeing to amendment to the desk and have it cerned. amendment No. 4082, the managers’ considered. We hoped to have a vote on Currently, Medicare fraud consumes amendment. it. What we are waiting for at the mo- an estimated $60 billion a year. That is Mr. DORGAN. I ask for the yeas and ment is the remainder of the unani- as much as 20 percent of the program nays. mous consent request. The remainder lost to criminals scamming the Federal The PRESIDING OFFICER. Is there a of the unanimous consent request I will Government. sufficient second? propound, when we determine who of- In South Florida, the region has only Mr. DORGAN. Have the yeas and fers levels of approval in the Chamber, 8 percent of the Nation’s AIDS pa- nays been ordered on the Coburn will be that we have a vote—the way it tients. Yet 73 percent of Federal AIDS amendment? is constructed is at 3 o’clock, but that medication payments are sent there. The PRESIDING OFFICER. There is was 25 minutes ago—that we have a That alone is an estimated $2 billion of a sufficient second, and the yeas and vote on two amendments. fraud. nays have been ordered on the Coburn One will be the managers’ amend- We have only recently begun to un- amendment as well. ment I sent to the desk on behalf of cover some of the cases of widespread The clerk will call the roll. myself and Senator MURKOWSKI, bipar- fraud and abuse. An 82-year-old con- The bill clerk proceeded to call the tisan, I believe, an amendment that stituent of mine kept getting $10,000 roll. does not have objections anywhere in Medicare payment statements. If you Mr. DURBIN. I announce that the the Chamber because we have resolved looked at the bills, it appeared this el- Senator from New York (Mrs. CLIN- those objections, but we will have a re- derly woman had artificial knees, an- TON), the Senator from Hawaii (Mr. corded vote on that, and then we will kles, one glass eye, was in a wheel- INOUYE), and the Senator from Illinois have a recorded vote on the amend- chair, and suffered from diabetes and (Mr. OBAMA) are necessarily absent. ment that has been offered by Senator AIDS. The truth is, she is completely Mr. KYL. The following Senators are healthy. She had not called on Medi- COBURN, amendment No. 4034. necessarily absent: the Senator from My hope is that we will be able to care, and someone else was using her South Carolina (Mr. GRAHAM) and the propound a unanimous consent request stolen Medicare number. Senator from Arizona (Mr. MCCAIN). Her case is typical of many in my that will be approved in a few minutes, The PRESIDING OFFICER. Are there State and far too many other States with a couple-minute debate prior to any other Senators in the Chamber de- where Medicare fraud abuse has been each vote, and then we will have two siring to vote? reported. votes. Our hope is to begin that at 3 The result was announced—yeas 95, Hard-working Americans are out- nays 0, as follows: o’clock. My hope remains that will be raged by seeing their tax dollars lost to [Rollcall Vote No. 24 Leg.] the case. I will not propound the unani- criminal fraud. My amendment to the mous consent request at the moment Indian health bill will double the jail YEAS—95 because I understand it has not yet time, double the penalties, and give Akaka Dole Menendez Alexander Domenici been cleared. judges greater discretion in sentencing Mikulski I understand it has now just been Allard Dorgan Murkowski those who are guilty of Medicare fraud. Barrasso Durbin cleared, which is great news. Murray The message needs to be stronger than Baucus Ensign Nelson (FL) I ask unanimous consent for the fol- Bayh a slap on the wrist. It has to be hard Enzi Nelson (NE) lowing: that the pending amendment, Bennett Feingold Pryor time. which is the managers’ amendment Biden Feinstein Reed But tougher penalties are only a first Bingaman Grassley that I just filed on behalf of myself and Reid step. There is a larger problem. We Bond Gregg Roberts Boxer Hagel Senator MURKOWSKI, be set aside and Rockefeller need better oversight, more account- Brown Harkin that at 3 p.m. today, the Senate pro- Salazar ability, and fewer dollars sent to orga- Brownback Hatch Sanders ceed to vote in relation to the amend- Bunning Hutchison nizations that can’t prove they are Schumer ment, the managers’ amendment; that Burr Inhofe anything more than a P.O. box. So I Sessions Byrd Isakson the amendment not be divisible; and call upon my colleagues to join with Shelby that upon disposition of that amend- Cantwell Johnson me in addressing this situation. Help Cardin Kennedy Smith ment, the Senate resume the Coburn put a stop to the billions and billions of Carper Kerry Snowe amendment No. 4034; that there be 2 Casey Klobuchar Specter taxpayer dollars padding the pockets of Stabenow minutes of debate prior to a vote in re- Chambliss Kohl criminals each and every year. We owe Coburn Kyl Stevens lationship to that amendment; and it to the American people to handle Cochran Landrieu Sununu that no amendments be in order to ei- their money with greater care, and I Coleman Lautenberg Tester ther amendment prior to the vote, with Collins Leahy Thune believe we can do this by just cutting Vitter the second vote in sequence 10 minutes Conrad Levin wasteful spending and stiffening the Corker Lieberman Voinovich in duration. penalties that already exist for fraud Cornyn Lincoln Warner The PRESIDING OFFICER. Without cases. Craig Lugar Webb objection, it is so ordered. There are a number of cases I can Crapo Martinez Whitehouse Mr. DORGAN. Mr. President, for the DeMint McCaskill Wicker point to in my State, and these are just Dodd McConnell Wyden information of Senators, the vote will cases that have come to the attention NOT VOTING—5 begin in about 3 minutes, and we will of my office. Maggie of Sunrise talks have two votes in sequence. about a doctor she had never seen bill- Clinton Inouye Obama Graham McCain The PRESIDING OFFICER. The Sen- ing Medicare for $2,590 worth of serv- ator from Florida. ices in July of 2006. Leslie of Punta The amendment (No. 4082) was agreed AMENDMENT NO. 3906 Gorda reported a fraudulent claim filed to. Mr. MARTINEZ. Mr. President, I using his deceased wife’s claim number Mr. LEVIN. Madam President, I wish to speak on amendment No. 3906, after her death. The claim was filed in move to reconsider the vote. which has been pending. I believe I can April of 2006, and his wife passed away Mrs. MURRAY. I move to lay that do that between now and the time of in March of 2005. motion on the table. the vote. I ask to be recognized for the There are many other examples like The motion to lay on the table was time remaining before the vote. these. For that reason, I urge passage agreed to. The PRESIDING OFFICER. Without of my amendment, and I know it may AMENDMENT NO. 4034 objection, it is so ordered. be part of the managers’ package, The PRESIDING OFFICER. There Mr. MARTINEZ. Mr. President, after which I think would be a great step for- will now be 2 minutes of debate evenly high tax rates, the thing that disturbs ward in stemming the waste, fraud, and divided on the Coburn amendment, No. Americans the most about their Gov- abuse in this program. 4034.

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1027 The Senator from Oklahoma is recog- Sessions Specter Vitter Mr. DORGAN. Let’s make it 4:30, nized. Shelby Sununu Warner Madam President. Mr. COBURN. Madam President, this NAYS—67 Mr. COBURN. I do not have any prob- is a pretty simple amendment. What it Akaka Durbin Nelson (FL) lem with that. says is we are going to give the Native Baucus Feingold Nelson (NE) The PRESIDING OFFICER. Without Bayh Feinstein Pryor objection, it is so ordered. Americans what we promised them in Bennett Hagel Reed our treaties. We are going to give it to Biden Harkin Reid Mr. COBURN. Madam President, them in the same way we deliver secu- Bingaman Hatch Roberts amendment No. 4036 is a real simple rity, choice, prosperity, and health Boxer Johnson Rockefeller amendment. What it says is we are Brown Kennedy Salazar care for Members of Congress. We are Byrd Kerry going to prioritize the funds that go Sanders Cantwell Klobuchar into the Indian Health Service. We going to give them an insurance policy. Schumer Cardin Kohl In basics, I think my chairman agrees Smith have had debate all day on whether we Carper Landrieu are improving Indian health care when with it; he does not agree with the way Casey Lautenberg Snowe we are doing it at this time. I under- Cochran Leahy Stabenow we add services but do not add money, stand that. What you all should know Coleman Levin Stevens and we have not done the structural re- Collins Lieberman Tester forms that need to happen in the In- is three-quarters of the Native Amer- Conrad Lincoln Thune ican population of this country lives in Craig Lugar Voinovich dian Health Service. urban areas; it does not live on the res- Crapo McCaskill Webb We know the Indian Health Service is ervation. That is three-quarters. Dodd Menendez Whitehouse plagued by rationing on a life-and-limb Dole Mikulski Wicker basis. As to the quality of care we are What this does is fulfill our commit- Domenici Murkowski Wyden ment through giving them access to Dorgan Murray offering in IHS, for some places it is great, but on average it is less than quality choice and care—not sub- NOT VOTING—5 what we offer other people. Instead of standard care, not rationed care, but Clinton Inouye Obama real care. Graham McCain fixing the problem with basic medical services, this bill includes new serv- The PRESIDING OFFICER. The Sen- The amendmemt (No. 4034) was re- ator from North Dakota. ices. We are not funding the services jected. we do now, and the services we are Mr. DORGAN. Madam President, I Mr. DURBIN. I move to reconsider funding are not at the level they need oppose the amendment, as does my col- the vote and to lay that motion on the to be in terms of their quality. league Senator MURKOWSKI. table. This bill expands the burden of IHS Senator COBURN offers some inter- The motion to lay on the table was to fund things that in terms of priority esting ideas here, but he offers them in agreed to. are not as important, No. 1, but, more the context of saying: We will do some Mr. NELSON of Florida. Madam importantly, most have an eligibility different and additional things with In- President, I suggest the absence of a avenue with which to get these services dian health care, but we will explicitly quorum. through some other Government pro- restrict any additional money that is The PRESIDING OFFICER. The gram. So by supporting this amend- in the bill itself. That means if you clerk will call the roll. ment, you are not denying the four new have Indian reservations out in the The legislative clerk proceeded to services because they are already country someplace, there is an Indian call the roll. available, just not through the IHS. health clinic, and that is the only Mr. COBURN. Madam President, I This amendment would require fund- health care available, I guarantee you ask unanimous consent that the order ing go to what has already been prom- they will end up with less money to for the quorum call be rescinded. ised to tribal members before we ex- provide health care to those Indians on The PRESIDING OFFICER. Without pand to new promises. In other words, those reservations given that restric- objection, it is so ordered. before we add new services, let’s make tion in the bill. AMENDMENT NO. 4036 Mr. COBURN. Madam President, I sure we are funding the services we are For that reason I do not support it, offering now and that we are funding but I look forward to working with my now ask unanimous consent that we have the regular order on Coburn them at a level of quality that is ac- colleague from Oklahoma on ideas of ceptable. this type. amendment No. 4036. The PRESIDING OFFICER. Without So this would say IHS would have to The PRESIDING OFFICER. The prioritize basic medical services before question is on agreeing to the amend- objection, the amendment is pending. The Senator from North Dakota. paying for new programs. We have ment. Mr. DORGAN. Madam President, if I talked a lot about the history on this. The yeas and nays have been ordered. might, the Senator from Oklahoma is We know where our problems are. The The clerk will call the roll. intending to debate and discuss amend- chairman is trying to move in a direc- The legislative clerk called the roll. ment Nos. 4032 and 4036, and requests tion to help solve some of the prob- Mr. DURBIN. I announce that the recorded votes on both. First of all, I lems. Senator from New York (Mrs. CLIN- appreciate his cooperation. I under- I disagree that we are making the TON), the Senator from Hawaii (Mr. stand he is prepared to initiate that de- major steps. I think we have to totally INOUYE), and the Senator from Illinois bate. What I would like to suggest is reform IHS. I have said that to the (Mr. OBAMA) are necessarily absent. whatever time he needs for that de- chairman. He knows the structural Mr. KYL. The following Senators are bate, we could probably, by consent, problems that are there. I think when necessarily absent: the Senator from with the consent of Senator MUR- we promise health care, we ought to South Carolina (Mr. GRAHAM) and the KOWSKI, agree to a time for both those give it. Senator from Arizona (Mr. MCCAIN). votes. We talked earlier today that one in The PRESIDING OFFICER. Are there I might ask the Senator, how long every four Native American women any other Senators in the Chamber de- would he like to debate both amend- have a baby without any prenatal care. siring to vote? ments? The average number of visits for those The result was announced—yeas 28, Mr. COBURN. Probably, Madam who have prenatal care is half what the nays 67, as follows: President, I will not use more than 30 national average is. So just in prenatal [Rollcall Vote No. 25 Leg.] minutes and probably less. care, in pediatrics, and diabetes we YEAS—28 Mr. DORGAN. Madam President, know we are behind the curve. Yet we would it be satisfactory to the Senator are going to add new services in the Alexander Coburn Hutchison Allard Corker Inhofe from Oklahoma and Senator MUR- bill that are already available in other Barrasso Cornyn Isakson KOWSKI if we set the two votes on ways. Bond DeMint Kyl amendment No. 4032 and amendment We also know, as the chairman has Brownback Ensign Martinez No. 4036 no later than 4:20? said, that we spend half per capita on Bunning Enzi McConnell Burr Grassley Mr. COBURN. That is 30 minutes for Native Americans than we do on pris- Chambliss Gregg me and none for you. oners. We spend less than half than we

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1028 CONGRESSIONAL RECORD — SENATE February 14, 2008 do on veterans. We spend a third based So the flexibility is completely up to against the amendment. He is talking on what we spend on Medicare. So we the IHS. Nothing limits it other than about using the funds for essential are obviously not there, and a lot of it you have to meet the core basic med- medical services. Yes, I am all in favor is money. There is no question about ical needs first before you go into other of that. But let me also say that the it. But it is not all money. It is struc- areas. issue of hospice care and some long- tural. With that, I yield the floor and await term care issues we have added to this Obviously, that is the reason for my the response from my chairman. Then I bill—if you visited a hospice care set- opposition to this bill because I think will talk about the other amendment ting, it is pretty hard to take a look at we have an opportunity to go much in a moment. what hospice care is offering dying pa- further to totally change the structure The PRESIDING OFFICER. The Sen- tients and suggest that is not essential and quality and delivery and to get a ator from North Dakota. as well. lot of the bureaucracy out. I think we Mr. DORGAN. Madam President, That is a wonderful health care op- also need to add money. We need to do with the permission of the Senator tion that is available to many in this all three. from Oklahoma, let me ask if he might country. What we have tried to do in This amendment is designed to make also discuss his second amendment. the Indian Health Care Improvement IHS prioritize the money. So even Mr. COBURN. Madam President, I Act is to expand some services. That is though we authorize these programs— will be happy to. correct. The Senator and I talked a lit- this does not eliminate the authoriza- Mr. DORGAN. Thank you very much. tle bit about that this morning. But tion—it just says you cannot effec- The PRESIDING OFFICER. The Sen- they are in most cases services that tively do it until you have funded ade- ator from Oklahoma. many other Americans have available quately what you are already prom- AMENDMENT NO. 4032 to them that we would hope and expect ising Native Americans. Mr. COBURN. Madam President, would be made available to American What this bill will do, in my esti- amendment No. 4032, which the chair- Indians as well. My colleague and I mation, is drain resources available to man has graciously allowed me to dis- both described this morning our inter- basic core medical services. It is also cuss at this time, which I also would est in adequately funding Indian health going to do something else. Our tribes like to call up and have as the pending care. He said—and I agree, and I said are getting to be pretty good business- order of business under the regular earlier—that about 60 percent of Indian men. What it is going to do is, it is order, is real simple. We do this in a lot health care is delivered to American going to put into individual tribes busi- of other places, but we do not do it in Indians, and 40 percent is withheld. nesses for these services. IHS. That means you have full-scale health So what is going to happen is, these I ask unanimous consent for that. care rationing going on. It should be services are going to be part of the The PRESIDING OFFICER. The front-page, scandalous headlines in this tribal organization business complex unanimous consent has been granted. country. It ought to be trumpeting the but not part of the service, and so we Mr. COBURN. I thank the Chair. news in this country. But it is not. are going to transfer funds outside IHS, This is a real straightforward amend- There is a giant sleep going on about transfer IHS moneys into tribal organi- ment. It says if you are a tribal mem- what is happening to people out there zations with no guarantees that the ber and you have been the victim of who are living in the shadows, des- money that was spent is going to come rape or sexual assault, the right to perately poor, in many cases an hour, back into health care. So if we were to have your assailant tested for HIV and an hour and a half, 2 hours away from do this, what I would rather is these be AIDS and other sexually transmitted the nearest large-scale health care IHS services only, rather than out for diseases cannot be denied you. We have clinic, so their opportunity to get bid to be utilized that may be not at a done this a lot of times. Most of us health care is through the Indian competitive bid price so we enhance agree with that. We think it is the Health Service, and we are trying very private profitability rather than tribal right thing to do when somebody is an hard to improve that. health care. So there is that other lit- assailant and we have people at risk, But I understand the purpose of the tle problem. Again, if we make new and not putting those Native Ameri- amendment offered by the Senator. I promises, at a time when we are not cans into a period of a year waiting or would hope, however, when we finish funding the promises we have, we are taking medicines they should not have doing what he said he is going to do, not helping the Native American popu- to take because they do not know the and what I said I am going to do, and lation. status of the person who committed an when we talk about what we are really This amendment is about priorities. assault on them. going to fund this year, that we will It is not saying IHS cannot fund these So it is very straightforward. I will have sufficient funds; A, that we will new programs. It is just saying we need not spend a lot of time on it. I am not have a system we are proud of, that de- to focus on basic medical services first, trying to inflame the issue. I think it livers health care to people who are such as prenatal care. When one in four is something Native Americans ought sick and who were promised health Native Americans do not have prenatal to have that every other American care; and B, to fully fund the services care, and we are going to add long-term today has. that most people expect would be home health care, hospice, DME, and I yield back and intend to ask for the available to them and their loved ones, some of these other areas, when we are yeas and nays at the appropriate time. and that would include hospice care. not taking care of the women who walk The PRESIDING OFFICER. Who in and deliver without prenatal care, it yields time? Mr. COBURN. Madam President, will does not make sense. The Senator from North Dakota. the Senator from North Dakota yield? So I will put this amendment up. I Mr. DORGAN. Madam President, let Mr. DORGAN. I am happy to yield. am going to ask for the yeas and nays me talk for a moment about amend- Mr. COBURN. Madam President, on amendment 4036. I appreciate the ment No. 4032, the HIV mandatory test- through the Chair, would the chairman consideration of the chairman and his ing issue. I support that, I think, at the agree a large portion of people who are heart toward Native Americans. But a request of the victim. I think that is a eligible for Indian health care service half promise fulfilled is a promise not thoughtful amendment and would have today already have these services kept, and that is where we are on accepted it. I understand the Senator available to them through another health care. Making us prioritize—in wishes a recorded vote. I understand Federal Government program? some places we will be able to do this; why that is the case. But I do think it Mr. DORGAN. A large portion? I where we have effective, efficient care, is an amendment that has a lot of don’t know that I would agree with they will have the money to offer these merit. that. I don’t believe I would at all. services. In areas where we are not AMENDMENT NO. 4036 Mr. COBURN. A large portion of doing well, they should not be expand- With respect to the other amend- them are Medicaid eligible. As a mat- ing into new services when they are ment, No. 4036, I understand what the ter of fact, 27 percent of the funds that not taking care of the services we have Senator is trying to do. I am going to go into IHS are people from Medicaid. today. oppose the amendment and vote If they are Medicaid eligible, then they

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1029 are eligible for every one of these pro- The point I have been trying to make and both in a constructive way to help grams. A large portion are Medicare el- most of today is when you have 40 per- American Indians. igible. A large portion of money that cent of the health care needs unmet, The PRESIDING OFFICER. The Sen- comes into IHS comes from Medicare, we are in a desperate situation. We ator from Oklahoma is recognized. and they are also eligible under that. need to fix that. Mr. COBURN. Madam President, I So the majority of our Native Amer- The Senator from Oklahoma has just want a few more minutes and then ican population already have these talked a lot about reform, and I am I am through. services available to them under two very anxious, when we get this bill The Senator from North Dakota other programs. done—we will get it out of the Senate, makes a great point: that there are The other question I would ask we will get it to conference, and hope- people who are using reservation-based through the Chair of the chairman is— fully get it signed into law by the IHS facilities who are essentially there are other clinics and IHS facili- President. We will, for the first time in trapped. They are trapped. They don’t ties, I believe, and please correct me, nearly a decade, have advanced an im- get the option to go somewhere else. that are being run well and that will be provement in Indian health care. I am What this bill does—and in many of able to utilize these services for that very anxious to turn immediately—and those instances, the core medical needs smaller portion of Native Americans the Senator serves on our committee— are not being met. What this bill does because they will have the funds be- to work with him and Senator MUR- is makes sure the core medical needs cause they are meeting basic core med- KOWSKI from Alaska to say: All right, are going to be met because we are ical needs now. My amendment doesn’t now, let’s put this on a different course going to add four new services for those take that away. It just says if you are with a much bolder, a much bigger people. So now they are trapped in a in an IHS clinic and over half of them bite, to try to figure out how we dra- system that doesn’t deliver the qual- already have these services available matically improve health care. That ity, doesn’t deliver the service, and through another government program, would not be done unless we have sub- doesn’t deliver the prevention, we are why would we add that when we are stantial additional income as well. But going to make it worse. We are going not taking care of the diabetes, the di- income is not going to solve the prob- to make it worse because we are going alysis, and every other thing we have? lem by itself. You need reform. to add services that are available to My question to the chairman is—I It is interesting. When the Senator half of the Native American population would love for him to consider that talked earlier today about giving right now through another Government this is a better way to go rather than American Indians the opportunity to program, and we are going to dilute the blanketly treating everybody the same go someplace with a card and say: Here resources for the very people who are and that we have to prioritize, and that is my health care coverage—I am in trapped on reservations. by having IHS Directors make that pri- favor of that. But that card would not But the very point is, three-quarters ority—in different areas, that is true— do much good for somebody who is sick of Native Americans are in an urban in terms of what goes through the trib- and is living, for example, in Fort area. They are not limited to that. al government, what we will get is bet- Yates, ND, because the only option They are not limited at all. They ter care. they have is to go to that Indian should have had the choice to be able Mr. DORGAN. Madam President, we Health Service or they can get in the to go wherever they wanted to go look at this and, in many ways, see the car and drive a fairly long way to find today. We turned that down. We had 29 same side. I think the Senator from a hospital someplace. So we need to ad- people vote for that—or 28 people vote Oklahoma and I see a situation in dress these issues. for that. which gripping poverty exists in many I want the Indian Health Service to I know the chairman is going to work areas, joblessness, inadequate health be better, to be more effective, to pro- with me to try to get there someday. care. The Senator from Oklahoma is vide better health care for American But that is when you give Native correct there are circumstances—I Indians, and I want to reform the en- Americans their due and meet our com- have been there, I have seen them— tire system to see if we can establish mitments. When they have the same where the health care is wonderful. I competition where competition will choice, the same security, the same toured a clinic recently and the doc- work. I know Senator COBURN will health care that you and I have, then tor—a wonderful doctor at that clinic readily agree there are places in the we will have met our commitment working for the Indian Health Service, country where you can’t even talk under our treaties, and not until then who is very dedicated and by all ac- about real competition because you are would we have met it. counts a terrific doctor—said to me: living way out, way away from any Mr. DORGAN. Madam President, if You know, we are waiting for this new other facilities, and all that exists is the Senator would yield on that point x-ray equipment that is supposed to the Indian health care facility. just briefly. come. The waiting room is full, by the If I might make one additional point Mr. COBURN. I will yield. way. The building is in disrepair, it is I understand why—I quoted Chief Jo- Mr. DORGAN. Do you know why in an old building, but the doctor is giv- seph this morning. I understand why many cases the urban Indians are a ing me a tour, and he says: We are American Indians are a little skeptical. population that is exclusive? Because waiting for this x-ray machine which is They have been lied to, cheated. They we went through a period of time when really going to help us out. we did these zigzags. At one point in I said: How long have you been wait- have had their agreements in writing, this country we said to the Indian com- ing? and they haven’t been worth the paper He said: Two years. on which they are written. It is pretty munity: You know what. Yes, you are I said: What is the trouble? unbelievable when you think about it. on a reservation. Here is a one-way bus He said: Well, I wish I knew. It is pa- We have all seen this, the promises ticket. We want you to leave. So we perwork. Can’t get it through the re- that were made but never, ever kept. sent them to the cities. Now we prom- gional office. The money is there. The The purpose of today and the purpose ised them health care back on the res- money is there for it, but we can’t get of our work is to say: You know what. ervation. Now we say: You have a bus the regional office to get the paper- These were the first Americans and we ticket one way. Go to the city. In fact, work done to get the x-ray machine. have certain obligations to them and the budget request this year once again So the Senator from Oklahoma and I we must do a better job of meeting says: By the way, we don’t intend to both know there are circumstances those obligations. fund any—we don’t intend to fund any where there is unbelievable bureauc- So I don’t know that I was particu- health care for urban Indians. Well, we racy that is almost shameful, and larly responsive to the Senator from should, and I think we will say to the nothing gets done. There are other Oklahoma, but both of us want the President that we don’t agree with that areas where there is sterling medical same thing, we end up wanting exactly recommendation. But we have done a care by men and women who, in that the same goals out of this debate. And lot of egregious things in this country, service, get up every morning and say: my hope is, working together during even with respect to preventing Indians I want to make a difference in the lives the next couple of years we will take the right to vote for the majority of of people. So all of that exists. two steps, both in the right direction the history of this country. They didn’t

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1030 CONGRESSIONAL RECORD — SENATE February 14, 2008 get the right to vote until about 90 hooked up to a machine for 8 hours a carrying out any class III gaming activity years ago or so. day because we are—but we are going (as defined in section 4 of the Indian Gaming Mr. COBURN. Madam President, I to feel good about ourselves saying we Regulatory Act (25 U.S.C. 2703)). would like to reclaim my time, if I now have hospice and long-term care, AMENDMENT NO. 4066 might. and all of these other things. On page 207, strike lines 4 and 5 and insert Mr. DORGAN. Yes, of course. I think it is a mistake the way we the following: Mr. COBURN. Madam President, I have done that. It is my main opposi- care organization; want to make a couple of points be- tion to the bill. I think we have an op- ‘‘(4) a self-insured plan; or cause what we have heard is a lot of ‘‘(5) a high deductible or health savings ac- portunity to rigorously and tremen- count plan. negative today. I want to say how dously change the structure, the deliv- AMENDMENT NO. 4038 proud I am of the Cherokees, the ery of care. We have an opportunity to Chickasaw, the Choctaw, and the Creek On page 294, strike lines 11 through 15 and change the paradigm under which we insert the following: in Oklahoma. I totally disagree with treat Native Americans, to prevention. grams involving treatment for victims of gaming. I think it undermines virtue. I We have talked about suicide on all of sexual abuse who are Indian children or chil- think it is destroying a lot of society. the reservations. The chairman and dren in an Indian household. But several of the tribes in my State many have been concerned about pre- AMENDMENT NO. 4015 have invested their dollars—not IHS vention of that. But we ought to be (Purpose: To authorize the Secretary of dollars, their dollars—in health care, just as concerned about prevention of Health and Human Services to establish an and they need to be recognized. Their all of the other diseases and change the Indian health savings account demonstra- facilities, most oftentimes, are fan- paradigm under which IHS works in- tion project) tastic, and their care is fantastic. So I stead of more of the same. On page ll, between lines ll and ll, don’t want us to leave the debate with- So with that, I ask for the yeas and insert the following (at the end of title VIII out recognizing some of the vast im- of the Indian Health Care Improvement Act, nays. as amended by section 101(a) add the fol- provements that where we have failed, I yield the floor. lowing): LO the tribes have actually picked it up The PRESIDING OFFICER (Ms. K - ‘‘SEC. 818. INDIAN HEALTH SAVINGS ACCOUNT and supplied it, and that means shame BUCHAR). Without objection, the Sen- DEMONSTRATION PROJECT. on us because maybe there wouldn’t be ator may seek the yeas and nays on ‘‘(a) IN GENERAL.—The Secretary shall es- as much gaming if we were fulfilling both amendments with one show of tablish a demonstration project under which the needs. Gaming is not without its hands. eligible participants shall be provided with a societal consequences, regardless of Is there a sufficient second? There subsidy for the purchase of a high deductible appears to be a sufficient second. There health plan (as defined under section 223(c)(2) how much we benefit in terms of dol- of the Internal Revenue Code of 1986) and a lars that come into the Treasury. is a sufficient second. contribution to a health savings account (as So I didn’t want us to leave this Mr. DORGAN. Madam President, I defined in section 223(d) of such Code) in without recognizing that we have lots ask unanimous consent that when we order to— of great performance in lots of great do vote at 4:30, we vote on amendment ‘‘(1) improve Indian access to high quality areas. We also have lots of great pro- No. 4036 first and amendment No. 4032 health care services; viders and doctors and workers in IHS, second, and that there be 2 minutes be- ‘‘(2) provide incentives to Indian patients tween the votes, a minute on each side, to seek preventive medical care services; but we have some who aren’t. We also ‘‘(3) create Indian patient awareness re- have some who couldn’t get a job any- and that there be no intervening sec- garding the high cost of medical care; and where else, some whom nobody else ond-degree amendments. ‘‘(4) encourage appropriate use of health would hire. Yet we will hire them be- The PRESIDING OFFICER. Without care services by Indians. cause we are so short, both on funds objection, it is so ordered. ‘‘(b) ELIGIBLE PARTICIPANT.— and needs. That ought not to be there AMENDMENTS NOS. 4070, 4073, 4066, AND 4038 TO ‘‘(1) VOLUNTARY ENROLLMENT FOR 12-MONTH either. If somebody is not competent to AMENDMENT NO. 3899, AND AMENDMENT NO. 4015 PERIODS.— ‘‘(A) IN GENERAL.—In this section, the term practice with the public, they Ms. MURKOWSKI. Madam President, I ask unanimous consent that the ‘eligible participant’ means an Indian who— shouldn’t be competent to practice at ‘‘(i) is an eligible individual (as defined in IHS and the same at the VA and the pending amendments be set aside, and I section 223(c)(1) of the Internal Revenue Code same in our prisons and the same in call up these four amendments on be- of 1986); and other areas. half of Senator DEMINT: Nos. 4070, 4073, ‘‘(ii) voluntarily agrees to enroll in the So it is my hope we will look straight 4015, and 4066; and I call up amendment project conducted under this section (or in forward. It is hard to run against your No. 4038 on behalf of Mr. VITTER. the case of a minor, is voluntarily enrolled own chairman on amendments on a The PRESIDING OFFICER. Without on their behalf by a parent or caretaker) for a period of not less than 12 months in lieu of bill, and we intentionally did not put objection, it is so ordered. The clerk will report the amend- obtaining items or services through any In- up these amendments at the request of dian Health Program or any other federally- the chairman when we were doing the ments, en bloc. The legislative clerk read as follows: funded program during any period in which markup on the Indian health care bill. the Indian is enrolled in the project. The Senator from Alaska [Ms. MUR- Again, I will state in finality, and ‘‘(B) VOLUNTARY EXTENSIONS OF ENROLL- KOWSKI], for Mr. DEMINT, proposes amend- then sit down, these ‘‘improvements’’ MENT.—An eligible participant may volun- ments Nos. 4070, 4073, 4015, and 4066, en bloc. tarily extend the participant’s enrollment in in many areas will offer some improve- The Senator from Alaska [Ms. MURKOWSKI, the project for additional 12-month periods. ment but in many more areas will take for Mr. VITTER, proposes an amendment ‘‘(2) HARDSHIP EXCEPTION.—The Secretary away from core medical care that is of- numbered 4038. shall specify criteria for permitting an eligi- fered to the very people who aren’t get- The amendments are as follows: ble participant to disenroll from the project ting adequate care today. So it ought AMENDMENT NO. 4070 before the end of any 12-month period of en- to be flexible. It ought to be where the On page 309, between lines 19 and 20, insert rollment to prevent undue hardship. core medical needs are met, we are of- the following: ‘‘(c) SUBSIDY AMOUNT.—The amount of a fering these, and whether or not we ‘‘(c) FIREARM PROGRAMS.—None of the subsidy provided to an eligible participant shouldn’t be offering them because funds made available to carry out this Act for a 12-month period shall not exceed the may be used to carry out any antifirearm amount equal to the average per capita ex- what we are doing is, we are taking penditure for an Indian obtaining items or that lady who is going to be on dialy- program, gun buy-back program, or program to discourage or stigmatize the private own- services from any Indian Health Program for sis, and we could have prevented it be- ership of firearms for collecting, hunting, or the most recent fiscal year for which data is cause we are not doing the core med- self-defense purposes. available with respect to the same popu- lation category as the eligible participant. ical things and we are looking at the AMENDMENT NO. 4073 ‘‘(d) SPECIAL RULES.— wrong thing. We are taking a gal who At the end, add the following: has early diabetic neuropathy and we ‘‘(1) NO DEDUCTION ALLOWED FOR SUBSIDY.— TITLE III—APPLICABILITY For purposes of determining the amount al- are going to condemn her to a life on SEC. 3ll. INDIAN TRIBES OPERATING CLASS III lowable as a deduction with respect to dialysis or a kidney transplant, and GAMING ACTIVITIES. amounts contributed to a health savings ac- most of them would not get kidney This Act and the amendments made by count by an eligible participant under sec- transplants. They are going to get this Act shall not apply to any Indian tribe tion 223 of the Internal Revenue Code of 1986,

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1031 the limitation which would (but for this lation, our elderly—the elders in the Hart 216 right now. I thought it was paragraph) apply under section 223(b) of such village who have lived through some important to clarify some points that Code to such participant for any taxable pretty incredible times. At the end of he made in response to some very im- year shall be reduced (but not below zero) by their lives, they are certainly seeking portant questions raised by Chairman the amount of any subsidy provided to the participant under this section for such tax- basic medical services. Yet we recog- ROCKEFELLER. able year. nize that with the facilities we have Chairman ROCKEFELLER asked what ‘‘(2) TREATMENT.—The amount of a subsidy available to them, the services we have would happen if FISA expires—as it provided to an eligible participant in the available to them, the medical profes- does on February 15—without being re- project shall not be counted as income or as- sionals we have available to them, it is newed. He asked, could these collec- sets for purposes of determining eligibility very difficult to meet all of those tions not continue? There is a very im- for benefits under any Federal public assist- needs. So for them, the opportunity for portant ‘‘yes, but’’—for acquisitions ance program. hospice care, assisted living service, that have been ordered by the FISA ‘‘(3) BUDGET NEUTRALITY.—In conducting long-term care service, or the home or Court which have years in length; it is the demonstration project under this sec- tion, the Secretary shall ensure that the ag- community-based service—that is sin- possible that those could continue. But gregate payments made to carry out the gled out in the amendment. They are the major problem the Director sees project do not exceed the amount of Federal looking at this not as a luxury, or an and the attorneys with him see is that expenditures which would have been made add-on, certainly, but something that if they needed to change targets, if for the provision of health care items and is basic, something that would be fun- they needed to change methods, if they services to eligible participants if the project damental to a quality of life in their needed to change means by which they had not been implemented. final years. gathered the information, they would ‘‘(e) DEMONSTRATION PERIOD; REPORTS TO This is a matter for many seniors, not be able to do so. CONGRESS; GAO EVALUATION AND REPORT.— Furthermore, he highlighted a very ‘‘(1) DEMONSTRATION PERIOD.— not just in the State of Alaska, and for ‘‘(A) INITIAL PERIOD.—The demonstration many who are looking to, again, pro- real problem having to do with the pri- project established under this section shall vide for those services at a level and in vate sector. As we have said on the begin on January 1, 2007, and shall be con- a manner that is culturally relevant floor before, the private sector carriers ducted for a period of 5 years. and appropriate—the community-based are absolutely essential to the oper- ‘‘(B) EXTENSIONS.—The Secretary may ex- services, home-based services. I think ation, not only of FISA, foreign intel- tend the project for such additional periods it is important that we recognize we ligence surveillance, but for work with as the Secretary determines appropriate, un- are not without limitation when we are the FBI and others on criminal mat- less the Secretary determines that the project is unsuccessful in achieving the pur- talking about the services that are pro- ters. The fact that we have left the poses described in subsection (a), taking into vided to American Indians and Alaska telecom carriers, that are alleged to account cost-effectiveness, quality of care, Natives. You have heard time and time have participated in the President’s and such other criteria as the Secretary may again on the Senate floor that we are lawful terror surveillance program specify. not meeting their needs; that we are without liability protection, they are ‘‘(2) PERIODIC REPORTS TO CONGRESS.—Dur- funding at 60 percent; that there is a being advised by their general counsel ing the 5-year period described in paragraph curtailment or a shortage in services of their responsibility under Sarbanes- (1), the Secretary shall periodically submit based on the resources. So when we are Oxley, and others, that they could only reports to Congress regarding the success of demonstration project conducted under this able to enhance the quality of life, cooperate with a fresh court order. section. Each report shall include informa- whether it is through assistance, such Since there is no authority for addi- tion concerning the populations partici- as long-term care services or assisted tional court orders, they have a grave pating in the project and the impact of the living or the community-based serv- question as to whether they are risking project on access to, and the availability of, ices, or whether it is enhancing the not only their firm’s reputation but high quality health care services for Indians. end-of-life care, as we do throughout under Sarbanes-Oxley certain duties to ‘‘(3) GAO EVALUATION AND REPORT.— this Indian Health Care Improvement shareholders. That is why he felt it was ‘‘(A) EVALUATION.—The Comptroller Gen- Act, these are the things we ought to necessary to get this measure that has eral of the United States shall enter into a contract with an organization with expertise be encouraging, that we ought to be passed the Senate implemented by the in health economics, health insurance mar- moving forward with in a positive man- House. kets, and actuarial science for the purpose of ner. I also noted in my comments that conducting a comprehensive study regarding So I stand in opposition to the the House passed its bill almost as long the effects of high deductible health plans amendment of the Senator from Okla- ago as the Senate passed its bill. At and health savings accounts in the Indian homa which says we cannot attend to that time, the intelligence community community. The evaluation shall include an any of these quality-of-life issues—if it said it was not workable, that the analysis of the following issues: is in your final days—unless and until Rockefeller-Bond proposal that passed ‘‘(i) Selection of, access to, and avail- the Secretary has given priority to the overwhelmingly 2 days ago was the ability of, high quality health care services. ‘‘(ii) The use of preventive health services. provision of these basic medical serv- only thing that was workable; and the ‘‘(iii) Consumer choice. ices to all Indians. fact that the House says they don’t ‘‘(iv) The scope of coverage provided by It is, again, a situation where we have time to work on it ignores the high deductible health plans purchased in want to attempt to do as much as we fact that they have known for a couple conjunction with health savings accounts possibly can. But I think if you were to of months that they were going to have under the project. tell the elder in the community of to make significant revisions in their ‘‘(v) Such other issues as the Comptroller Buckland that somehow or other serv- measure if they wanted it to be passed General determines appropriate. ices to help her in her final years, to and signed into law. So my sympathies ‘‘(B) REPORT.—Not later than January 1, 2013, the Comptroller General shall submit a die gracefully and with dignity in her for the House. I understand they are report to Congress on the evaluation of dem- home, is something she doesn’t qualify pressed for time, but they knew this onstration project conducted under this sec- for, is not eligible for, I think we would was coming. They have a measure be- tion.’’. all find that cuts to the quick. fore them that could be passed, which I Ms. MURKOWSKI. Madam President, Madam President, I understand that hope they will pass. if I may take a few moments to speak there are several Members who are One other thing. I asked the Director to some of the issues the Senator from here and wish to speak briefly on FISA about some of the very misdirected, Oklahoma has raised about the for a few minutes before we move to improper, wrong and, in some in- prioritization, giving priority to the our vote. I am prepared to yield to the stances, irresponsible suggestions made provision of those basic medical serv- Senator from Missouri. on the floor about the tactics that the ices, medical needs. FISA CIA may use in questioning high-value I think we all agree that is the first Mr. BOND. Madam President, I will detainees. The DNI made it clear, as I requirement, to make sure those serv- take a minute to update my colleagues attempted to make clear yesterday, all ices are provided for. In the State of on some information we received from of the things banned by the Army Field Alaska, we hear from those most vul- the Director of National Intelligence in Manual, such as burning, electro- nerable in our Alaska Native popu- an open hearing that is going on in cuting, beating, sexual harassment—all

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1032 CONGRESSIONAL RECORD — SENATE February 14, 2008 those things are not only repugnant There are those who believe in a rad- Bond Harkin Nelson (NE) but they are not permitted to be used ical ideology that celebrates the mur- Brown Hatch Pryor Bunning Hutchison Reed by any of our intelligence agencies. He der of innocent men, women, and chil- Byrd Johnson Reid reiterated that waterboarding is not dren, and who are willing to use instru- Cantwell Kennedy Roberts permitted under the political guide- ments of destruction, whether they be Cardin Kerry Rockefeller Carper Klobuchar lines that include legislation and that primitive tools such as flying an air- Salazar Casey Kohl Sanders we have passed here in direct orders. Cochran Kyl plane into a building, or chemical, bio- Schumer So what was done yesterday does not Coleman Landrieu logical, or nuclear weapons—whatever Smith prevent torture. That is prevented al- Collins Lautenberg they can get—to kill innocent civil- Conrad Leahy Snowe ready. It doesn’t prevent cruel, degrad- ians. We have to do everything in our Corker Levin Specter ing, and inhumane interrogation tech- power to protect ourselves. Thank Craig Lieberman Stabenow Stevens niques. It does not prevent other cruel, goodness, due to the noble work of our Crapo Lincoln degrading, or inhumane acts by the in- Dodd Lugar Tester men and women in uniform who are Dole Martinez Thune telligence agencies. Those are already fighting in places such as Afghanistan, Domenici McCaskill Voinovich prohibited. Iraq, and elsewhere around the world, Dorgan Menendez Webb What the measure that was passed we are keeping the enemies of the Durbin Mikulski Whitehouse yesterday does—were it to be signed Feingold Murkowski Wicker United States on the run. Feinstein Murray Wyden into law, and I certainly hope it will The best way we can deter these ter- Hagel Nelson (FL) not be—would be to deny the intel- rorist attacks is to listen in on con- NOT VOTING—6 ligence community the ability to use versations and communications. That techniques that are similar to but dif- Boxer Graham McCain is the only way we are going to be able Clinton Inouye Obama ferent from the techniques authorized to continue to do it. For the House of in the Army Field Manual. These en- The amendment (No. 4036) was re- Representatives to know that they are hanced techniques have been used only jected. causing our intelligence community to on roughly a couple of dozen detainees AMENDMENT NO. 4032 go deaf to the communications of ter- in the custody of the CIA. They are rorists who are plotting attacks The PRESIDING OFFICER. There is lawful, and they have produced some of against the United States is the height now 2 minutes of debate equally di- the most important intelligence that of irresponsibility. I hope it is not true vided on Coburn amendment No. 4032. the intelligence community has gath- and that they reconsider. The Senator from Oklahoma is recog- ered to identify high-level members of My hope is they will come back and nized. al-Qaida and other terrorist organiza- Mr. COBURN. Madam President, this tions, and to interfere, impede, and they will pass this important legisla- tion that will encourage our tele- is a straightforward amendment that stop terror attacks directed not only at says when somebody has been abused our troops abroad, our allies, but the communications industry to cooperate with the lawful requests of the Com- or sexually assaulted, they have the United States. right, postindictment, to have the per- Unfortunately, some people were mander in Chief as certified by the chief law enforcement officer of the son who assaulted them tested for HIV misled by comments that were bor- and sexually transmitted diseases. It is dering on irresponsible on the floor United States, and that is the Attorney General, so we can continue to listen current law in many other areas, and I yesterday, to say that we banned tor- would appreciate your support. ture, cruel, inhumane, and degrading to these communications in a lawful and legal way and protect the Amer- The PRESIDING OFFICER. The Sen- conduct. That is not what happened. ator from North Dakota. We tied the hands of the CIA with the ican people. For the House of Rep- resentatives to refuse to take up this Mr. DORGAN. Madam President, I purported provision that would se- support the amendment. verely limit their ability to gain infor- matter and to vote on it is, again, I say, the height of irresponsibility, and The PRESIDING OFFICER. The yeas mation using totally lawful techniques and nays have been ordered on amend- in questioning high-value detainees. it endangers American lives. I yield the floor. ment No. 4032. The clerk will call the Rather than being a blow for freedom, roll. reaffirming our values, it merely pro- AMENDMENT NO. 4036 The legislative clerk called the roll. posed to cripple our intelligence collec- The PRESIDING OFFICER. The Mr. DURBIN. I announce that the tion. question is on agreeing to amendment Senator from California (Mrs. BOXER), I thank the Chair and yield the floor. No. 4036. the Senator from New York (Mrs. CLIN- The PRESIDING OFFICER. The Sen- The yeas and nays have been ordered. ator from Texas is recognized. TON), the Senator from Hawaii (Mr. The clerk will call the roll. INOUYE), and the Senator from Illinois Mr. CORNYN. Madam President, I The assistant legislative clerk called commend the ranking member and (Mr. OBAMA) are necessarily absent. the roll. Mr. KYL. The following Senators are chairman of the Select Committee on Mr. DURBIN. I announce that the Intelligence for the outstanding work necessarily absent: the Senator from Senator from California (Mrs. BOXER), they have done on this critical piece of South Carolina (Mr. GRAHAM) and the the Senator from New York (Mrs. CLIN- legislation, passing it in the Intel- Senator from Arizona (Mr. MCCAIN). TON), the Senator from Hawaii (Mr. ligence Committee by a vote of 13 to 2, The PRESIDING OFFICER (Mr. INOUYE), and the Senator from Illinois which was no easy feat. This passed in WEBB). Are there any other Senators in (Mr. OBAMA) are necessarily absent. the Senate by a strong bipartisan vote the Chamber desiring to vote? Mr. KYL. The following Senators are of 68 to 29, I believe. It is about as The result was announced—yeas 94, necessarily absent: the Senator from strong a bipartisan vote as you can nays 0, as follows: South Carolina (Mr. GRAHAM) and the possibly get. This is a well-thought-out [Rollcall Vote No. 27 Leg.] Senator from Arizona (Mr. MCCAIN). piece of legislation that, once sent over YEAS—94 to the House of Representatives, we The result was announced—yeas 21, nays 73, as follows: Akaka Cantwell Dodd were told the House of Representatives, Alexander Cardin Dole rather than to deal with this legisla- [Rollcall Vote No. 26 Leg.] Allard Carper Domenici tion, would simply decide to fold their YEAS—21 Barrasso Casey Dorgan Baucus Chambliss Durbin tent and go home. That is the height of Alexander Cornyn Isakson Bayh Coburn Ensign irresponsibility. Allard DeMint McConnell Bennett Cochran Enzi The Senator from Missouri described Barrasso Ensign Sessions Biden Coleman Feingold Brownback Enzi Shelby why it is so important for us to be able Bingaman Collins Feinstein Burr Grassley Sununu Bond Conrad Grassley to listen to our enemies: because, sim- Chambliss Gregg Vitter Brown Corker Gregg ply, it saves American lives. We Coburn Inhofe Warner Brownback Cornyn Hagel learned a harsh lesson on September 11, NAYS—73 Bunning Craig Harkin Burr Crapo Hatch 2001, which is that we are not safe even Akaka Bayh Biden Byrd DeMint Hutchison within our own shores. Baucus Bennett Bingaman

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1033 Inhofe McConnell Smith the future to surveil new terrorist tar- all the assets of their companies and, Isakson Menendez Snowe gets overseas. So the notion that some- thereby, generating a lot of share- Johnson Mikulski Specter Kennedy Murkowski Stabenow how no harm is done by allowing the holder lawsuits against the directors Kerry Murray Stevens law to expire is simply incorrect. In for violating their fiduciary responsi- Klobuchar Nelson (FL) Sununu fact, it borders on outrageous. bility. It is a terrible position to be put Kohl Nelson (NE) Tester This was going to be another example in. They are entitled to be able to co- Kyl Pryor Thune Landrieu Reed of bipartisan cooperation on behalf of operate with the request of our Govern- Vitter Lautenberg Reid Voinovich the American people. We saw it at the ment and not squander all the assets of Leahy Roberts Warner end of the year last year when we Levin Rockefeller their companies. Lieberman Salazar Webb passed a bipartisan AMT fix without Mr. LEAHY. Will the Senator yield Lincoln Sanders Whitehouse raising taxes on anybody else. We for a question? Lugar Schumer Wicker passed an energy bill without a tax in- Mr. CORNYN. Will the Senator yield Martinez Sessions Wyden for another question? McCaskill Shelby crease and without a rate increase. We met the President’s top line on the ap- Mr. MCCONNELL. I yield to my NOT VOTING—6 propriations bills. And, yes, we appro- friend from Texas. Boxer Graham McCain priated $70 billion for Iraq and Afghani- Mr. CORNYN. Mr. President, I would Clinton Inouye Obama stan without any kind of micro- like to ask the distinguished Repub- The amendment (No. 4032) was agreed management. At the beginning of this lican leader if, in fact, because of the to. year, we came together. It was a bit burden of these lawsuits, some 40 dif- The PRESIDING OFFICER. The Re- challenging in the Senate, but we came ferent lawsuits against any tele- publican leader. together and passed a bipartisan stim- communications companies that may FISA ulus bill to try to deal with our slowing have participated, if, in fact, they Mr. MCCONNELL. Mr. President, we economy. We did it in record time. In chose not to participate in this pro- have a serious crisis confronting our fact, the President had a signing cere- gram, is there any other option avail- country as a result of the House of mony 2 days ago. able to the intelligence authorities to Representatives’ refusal to take up the I am wondering why this new bipar- listen in on communications between Senate-passed Foreign Intelligence tisan spirit we experienced in Decem- terrorists who are bent on wreaking Surveillance Act. We know for a fact ber and again in January is breaking havoc, death, and destruction on the the following: We know that the Sen- down on a matter that is extraor- American people? Is there anywhere ate approved yesterday, with 69 votes, dinarily important to protecting the else to go? a Foreign Intelligence Surveillance Act American people. It is absolutely irre- Mr. MCCONNELL. I don’t think so, crafted by Senator ROCKEFELLER and sponsible for the House of Representa- Mr. President. This is the only solution Senator BOND that came out of the In- tives to simply throw up its hands and to the problem. What is tragic, we telligence Committee 13 to 2. This is leave, particularly when the only know as a result of a letter from the about as bipartisan as it ever gets measure that enjoys a bipartisan ma- so-called blue dog Democrats, the more around here. We know in addition this jority in the House is exactly what en- conservative Democrats in the House, bill is the only bill that can pass the joyed a bipartisan majority in the Sen- to Speaker PELOSI for sure that there House of Representatives. They took ate. It is the only measure that can is a bipartisan majority in the House up yesterday a 21-day extension of ex- pass the House. So the refusal of the for passing the bill the Senate passed. isting law, and it was defeated. It was House leadership to take up and pass This is what the blue dog Democrats defeated because there were 20 to 25 the only bill that could possibly pass is had to say to the Speaker. House Democrats who didn’t want the an act of extraordinary irrespon- Following the Senate’s passage of a FISA bill at all, want it to die, want to walk sibility. Nothing else would pass over bill, it will be necessary for the House to away from it and leave the American quickly consider FISA legislation to get a there. bill to the President before the Protect people unprotected. I don’t know why the House is even America Act expires. In fact, there is a bipartisan majority thinking about leaving town. They That, of course, will be Saturday. for the Senate-passed bill in the House, have an important responsibility to We— and that is the only bill for which help protect the American people. The there is a bipartisan majority in the opportunity is right before them, and Referring to the blue dog Demo- House. Now we have all learned that they will not take it. crats—— the House of Representatives is going Mr. CORNYN. Will the Senator yield fully support the Rockefeller-Bond FISA leg- to close up shop and simply leave town, for a question? islation, should it reach the House floor without substantial change. We believe these arguing that somehow allowing this Mr. MCCONNELL. I am happy to components will ensure a strong national se- law to expire will not harm America. yield the Senator from Texas for a curity apparatus that can thwart terrorism We know that at the heart of this question. across the globe and save American lives in struggle is retroactive liability for Mr. CORNYN. I ask the distinguished our country. communications companies that Republican leader whether the vol- The blue dog Democrats, coupled stepped up, in the wake of the 9/11 dis- untary cooperation of the tele- with House Republicans, make it abso- aster, at the request of the Govern- communications companies that have lutely certain there is a bipartisan ma- ment, to help protect us from ter- cooperated at the request of the Gov- jority for our bill in the House. rorism. As a result, there are numerous ernment and upon certification by the Further, the consequences of not passing lawsuits pending against these compa- chief law enforcement agent of the such a measure could place our national se- nies, I assume largely by the American country, the Attorney General, is in curity at undue risk. Civil Liberties Union. The CEOs and jeopardy, if we merely continue the This is 21 blue dog Democrats in the the boards of directors of these compa- current law as opposed to passing the House requesting the Speaker to take nies have a fiduciary responsibility to bipartisan Senate bill? And if that is up the bill that passed the Senate with their shareholders. These lawsuits have the case, doesn’t that just as effec- 69 votes, obviously an overwhelmingly the potential to put them out of busi- tively deny us access to terrorist com- bipartisan vote, pass it and send it to ness. As a result of doing their duty munications as if we did not pass the the President for signature. This re- and responding to the request of the law itself? fusal to act is stunning, almost incom- President of the United States to help Mr. MCCONNELL. My understanding prehensible. protect America, they run the risk of is the question suggests the answer. Mr. CORNYN. Will the Senator yield being put out of business. That is what The leadership of these companies has for one final question? is before us. This retroactive liability indeed a Hobson’s choice, two bad al- Mr. MCCONNELL. I will. problem continues. It is not solved by ternatives. They either continue to re- Mr. CORNYN. The Republican leader continuation of existing law. spond to the request of the American is aware that the House of Representa- In addition, with the law expiring, it Government to protect the homeland tives only recently had widely pub- hampers opportunities prospectively in and then run the risk of squandering licized hearings into the use of steroids

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1034 CONGRESSIONAL RECORD — SENATE February 14, 2008 and human growth hormone by base- Mr. KYL. If the Senator will con- talking about might be mandating our ball players. There has also been an ac- tinue to yield, my recollection of the own Government to pay the bills for tion taken recently to hold a former words of Admiral McConnell, Director the wiretaps. White House counsel and the Chief of of National Intelligence, is that—and I I ask that only because it seems this Staff of the President in contempt. Yet ask the leader to verify if I recall this public spiritedness goes one way if they there appears to be no time available correctly; I think I am recalling it cor- want to be immunized or the adminis- on the House calendar to do things that rectly—it doesn’t matter whether the tration wants to be immunized from actually would protect the lives of the Protect America Act expires or does anybody asking them questions, but it American people. Perhaps it is an obvi- not expire or is simply reauthorized in goes a different way if it comes down ous answer, but it would seem to me to its exiting form; the reality is, unless a to the question of getting paid. be clear that this ought to be a high new law is passed that contains the Mr. REID. My understanding is, there priority. Before we get to these kinds retroactive liability protection feature, are millions of dollars owed to the tele- of political machinations or perhaps it will become or is becoming increas- phone companies, Mr. President. publicity stunts, we ought to first pro- ingly difficult for the telecommuni- Mr. LEAHY. Thank you, Mr. Presi- tect the security of the American peo- cations companies to provide the serv- dent. ple by passing this bipartisan legisla- ice the U.S. Government needs them to Mr. REID. Mr. President, my friend tion. provide to acquire this intelligence. from Texas talked about a publicity Mr. MCCONNELL. Mr. President, it is I wish to make sure I am not mis- stunt. That is what we have, but it is my understanding that the House was stating this, that it is increasingly dif- inverse. The publicity stunt is all from dealing with steroid use in baseball and ficult for these telecommunications the White House, supported by the peo- trying to punish some White House of- companies to provide the service our ple in the Senate, the Republicans, who ficial over some internal dispute. It Government needs to collect this intel- always walk lockstep with whatever does strike me that is a strange use of ligence. President Bush wants. time, when we are 2 days from the expi- Mr. MCCONNELL. My understanding First of all, Mr. President, legal ration of arguably the most important is, the Senator from Arizona is correct. scholars are almost uniform in saying piece of legislation we have passed It is not exactly that these public, spir- that existing orders are broad enough since 9/11 to protect us here at home. It ited corporate leaders do not want to and they would be broad enough for the is no accident that we haven’t been at- help prevent terrorist attacks. It is next year. Whatever is happening now tacked again since 9/11. There are two that the exposure to their companies is good for next year. In fact, if some- reasons for it. One is, we went on the as a result of these lawsuits runs the one disagrees with that, you have ex- offense and have had great success in risk of destroying the company and isting FISA law that allows application Afghanistan and Iraq, killing a lot of then opening them up to shareholders’ for an emergency. terrorists, many of them at Guanta- suits for irresponsible actions or viola- Mr. President, let me say this: I sent namo, which I happen to think is a tions of their fiduciary responsibilities to the President of the United States good place for them. A lot of the rest of to their shareholders. today a letter. Let me read this: them are on the run. I am often asked: They are in an impossible position. Dear Mr. President: We don’t have Osama bin Laden. I say: We have, in effect, put them in an im- I regret your reckless attempt to manufac- Well, we wish we did. But I can assure possible position by failing to provide ture a crisis over the reauthorization of for- you, he is not staying at the Four Sea- for them the retroactive immunity eign surveillance laws. Instead of needlessly sons in Islamabad. He is in some cold from liability they clearly deserve. frightening the country, you should work with Congress in a calm, constructive way to cave somewhere looking over his shoul- These were public, spirited Americans provide our intelligence professionals with der, wondering when the final shoe is responding to a request from the Gov- all needed tools while respecting the privacy going to drop. So going on offense was ernment to help protect us at home. of law-abiding Americans. an important part of protecting Amer- What they got for it was a couple of Both the House and the Senate have passed ica and also this extraordinarily sig- scores of lawsuits. bills to reauthorize and improve the Protect nificant legislation about which we Mr. KYL. I thank the leader. America Act. Democrats stand ready to ne- have had testimony from the highest Mr. REID addressed the Chair. gotiate with Republicans to resolve the dif- ferences between the House and Senate bills. Mr. MCCONNELL. Mr. President, I officials that it has actually helped us That is how the legislative process works. thwart attacks against our homeland. still have the floor. Your unrealistic demand that the House sim- There isn’t anything we are doing that Mr. REID. I am sorry about that. ply acquiesce in the Senate version is pre- is more important than this, certainly Mr. MCCONNELL. But I will be venting that negotiation from moving for- not looking at steroid use in baseball. happy to yield. ward. As important as that may be, it cer- Mr. REID. I did not want to interrupt Our bicameral system of government was tainly does not rise to this level, or the distinguished Republican leader. designed to ensure broad bipartisan con- censoring White House officials. Have you finished? sensus for important laws. A FISA bill nego- Mr. LEAHY. Will the Senator yield Mr. MCCONNELL. I will be happy to tiated between the House and the Senate would have firmer support in Congress and for a question? yield the floor. The PRESIDING OFFICER (Mr. among the American people, which would Mr. MCCONNELL. I yield to my serve the intelligence community’s interest friend from Arizona for a question. WHITEHOUSE). The majority leader is in creating stronger legal certainty for sur- Mr. KYL. Mr. President, the first recognized. veillance activities. question I have is: Could the intel- Mr. LEAHY. Mr. President, will the That negotiation should take place imme- ligence community acquire new tar- distinguished majority leader yield for diately. In the meantime, we should extend gets, if the Protect America Act ex- a question from me? the current Protect America Act. Earlier pires, without going to the FISA Court Mr. REID. Sure. this week you threatened to veto an exten- for some kind of an additional war- Mr. LEAHY. Mr. President, I tried to sion, and at your behest Senate Republicans get the distinguished Republican leader have blocked such a bill. Yesterday every rant? House Republican voted against an exten- Mr. MCCONNELL. Mr. President, it is to yield, but he was unwilling. sion. my understanding they will not be able Let me ask the distinguished major- to do that. So in addition to the retro- ity leader, is it not a fact that these So it is obvious the marching orders active liability issue, which clearly is public, spirited telephone company have come from the White House. That not solved by failing to act, we have owners are threatening to turn off was a paraphrase from me. That was this problem that the Senator from Ar- wiretaps, according to the press ac- not in the letter. I continue the letter: izona has raised with regard to new counts, that have been legally ordered Your opposition to an extension is inex- targets. We are clearly more vulner- through search warrants because the plicable. Just last week, Director of National Intelligence McConnell and Attorney Gen- able as a result of allowing this legisla- U.S. Government has failed to pay eral Mukasey wrote to Congress that ‘‘it is tion to expire, which will happen Sat- them millions of dollars, and does not critical that the authorities contained in the urday if the House of Representatives pay them the millions of dollars? I just Protect America Act not be allowed to ex- does not act. wonder if any of the legislation we are pire.’’

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1035 In commentary, Mr. President, I say a bipartisan basis, thinks that law are just, unfortunately, a few lives this is from the head of the National ought to be taken up and passed. That away from losing 4,000 soldiers in this Intelligence Agency, Director McCon- is what we ought to be doing. war in Iraq. They want to manufacture nell, and General Mukasey, our Attor- I am sure the Democrats in the a security crisis. ney General. They said: House are grateful to their good friend, The Senator from Kentucky should [I]t is critical that the authorities con- the majority leader, for trying to pro- know—and I am sure he has able staff tained in the Protect America Act not be al- tect them from their actions. But the to alert him—the law, as it currently lowed to expire. fact is, there is only one reason we exists, the FISA law—even if we do not Similarly, House Minority Leader Boehner have a crisis. It is because the House change it—gives ample authority to has said ‘‘allowing the Protect America Act Democratic leadership refuses to act on this President to continue to monitor to expire would undermine our national se- a bill that enjoys bipartisan majority the conversations of those who endan- curity and endanger American lives, and that is unacceptable.’’ And you yourself said support in the House of Representa- ger the United States. at the White House today— tives that we have already passed over- But, instead, as Senator Harry Reid has said repeatedly, this President is That is today, Thursday— whelmingly. Therefore, I object. The PRESIDING OFFICER. Objec- trying to make America afraid—make ‘‘There is really no excuse for letting this tion is heard. America afraid. I thought there was a critical legislation expire.’’ I agree. UNANIMOUS CONSENT REQUEST—H.R. 3773 great leader who said once: The only I agree, Mr. President. Mr. REID. Mr. President, I ask unan- thing we have to fear is fear itself. It Nonetheless, you have chosen to let the imous consent that the Senate request turns out that it is fear itself that is Protect America Act expire. You bear re- the House to return the papers of H.R. motivating this Republican leadership. sponsibility for any intelligence collection If they would have provided 30 votes gap that may result. 3773, FISA legislation; and that if the Fortunately, your decision to allow the House agrees to the request, the Senate yesterday in the House of Representa- Protect America Act to expire does not, in insist on its amendment, request a con- tives, this law would have been ex- reality, threaten the safety of Americans. As ference with the House on the dis- tended. But they had their marching you are well aware, existing surveillance or- agreeing votes of the two Houses, and orders from the White House to vote ders under the law remain in effect for an ad- the Chair be authorized to appoint con- no, and they did. So the attempt to ex- ditional year, and the 1978 FISA law itself re- ferees on the part of the Senate, with tend it failed. If only 30 Members on mains available for new surveillance orders. no intervening action or debate. the Republican side in the House had Your suggestion that the law’s expiration stood up and voted to extend the law, would prevent intelligence agents from lis- Is it my understanding the first re- tening to the conversations of terrorists is quest was objected to. Is that right? it would have happened. utterly false. The PRESIDING OFFICER. There If the Republican minority leader, In sum, there is no crisis that should lead was objection. Objection was heard. Senator MCCONNELL, had not objected you to cancel your trip to Africa. But wheth- Is there objection? just moments ago to the unanimous er or not you cancel your trip, Democrats Mr. MCCONNELL. Mr. President, re- consent request of Senator REID, the stand ready to negotiate a final bill, and we serving the right to object, there is no Democratic leader, this law would have remain willing to extend existing law for as need for a conference when you have an been extended. short a time or as long a time as is needed overwhelming bipartisan majority of It is obvious to those following the to complete work on such a bill. the Senate in favor of the bill and a bi- debate, the crisis is in the logic on the I signed that ‘‘Harry Reid.’’ partisan majority of the House in favor Republican side. You cannot have it Mr. President, the President has cre- of the same bill that the Senate has al- both ways. You cannot complain that ated a crisis. As I have said on the Sen- ready passed. There is no need to go to the law is going to expire, and then ob- ate floor, during the past 7 years he has conference because we know where the ject to an extension. It does not work become increasingly proficient at scar- majority of the Senate is and we know that way. Even at the University of ing the American people. That is what where the majority of the House is. Louisville, it does not work that way. he is trying to do again today. Cancel Why would we want to have a con- Their philosophy department would his trip to Africa for this? But we, Mr. ference when the work the Senate has tell you that does not track, it does President, are willing to work with done, the Rockefeller-Bond bill, is sup- not follow. him. The expiration of the law stands ported by a bipartisan majority in the So I would urge the Senator from on the shoulders of one person: George House? Therefore, I object. Kentucky, if you really are concerned Bush. I am sure his ear has been whis- The PRESIDING OFFICER. Objec- about whether this law is extended, pered in several times in the last week tion is heard. please reconsider your objection to ex- or so by the Vice President. But the The majority whip. tending this law, as Senator REID has President is the one responsible ulti- Mr. DURBIN. Mr. President, what we asked repeatedly. I think the American mately. He has instructed Republicans are witnessing is not a crisis in secu- people know what is going on here. in the House not to agree to any exten- rity. It is a crisis in logic. How can the This is not about security. This is sion, and obviously the Senate Repub- Republican leader stand here and argue about political cover. This is about licans also. how endangered America would be if manufacturing a political argument UNANIMOUS CONSENT REQUEST—S. 2615 we allowed this law to expire and then and manufacturing a crisis—a crisis of So, Mr. President, I ask unanimous object to extending the law? How can the White House’s own creation. The consent that the Senate proceed to the the minority leader, Senator MCCON- President and his party bear full re- consideration of Calendar No. 571, S. NELL, stand here and argue that we sponsibility if any intelligence gaps re- 2615; the bill be read a third time and should pass this legislation and then sult. passed, and the motion to reconsider be object when the majority leader asks The PRESIDING OFFICER. The Re- laid upon the table, with no inter- for a conference committee? publican leader. vening action or debate. This is not a crisis in security. It is Mr. MCCONNELL. Now, Mr. Presi- The PRESIDING OFFICER. Is there a crisis in logic. This is a manufactured dent, facts are a stubborn thing—a objection? political crisis by the White House and very stubborn thing—and I am sure the Mr. MCCONNELL. Mr. President, re- the Republican leaders. If the Repub- Democrat leadership over in the House serving the right to object. lican leader was so focused on giving appreciates the efforts being made by Mr. REID. This is a 15-day extension. this power to the President, he could the majority leader and the majority Mr. MCCONNELL. Yes. Reserving the have said, ‘‘I do not object,’’ when the whip to protect them from the obvious. right to object, there is no need for an majority leader asked for a 15-day ex- The obvious is—and they know this extension. This current law expires tension. even at the University of Illinois—that Saturday. We know 68 Members of the But, no, they want a press release. the majority of the Senate has spoken, Senate have already voted for a Pro- They want something to put in front of an overwhelming majority of the Sen- tect America Act that would extend the American people to take their ate, not just on final passage which the law for 6 years. We know a major- minds off the state of our economy, to was 68 to 29, and cloture, which was 69 ity of the House of Representatives, on take their minds off the fact that we to 29, but also the Feingold amendment

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1036 CONGRESSIONAL RECORD — SENATE February 14, 2008 was defeated 63 to 35, the Dodd amend- the Senator from Texas indicates, is jority what they thought should hap- ment 67 to 31, the Feingold amendment not acceptable. Not only that, but we pen in the way of extending this. We, a 60 to 37, the Specter-Whitehouse know for a fact that the continuation few days ago, decided what we thought amendment 68 to 30. This is not close. of the status quo hampers the ability we should do. It is elementary that This bill went out of the Senate with a to go up on new targets prospectively, after that happens, there must be a riproaring, bipartisan majority. And so we not only have a deteriorating sit- conference. They won’t let us go to we know for a fact—and facts are a uation in terms of continued coopera- conference—‘‘they’’ meaning the Re- stubborn thing, I say to my good friend tion from the communications compa- publicans. So a majority of the House from Illinois—we know for a fact that nies—not because they are not public- voted in November for a different bill. the Rockefeller-Bond bill is supported spirited citizens, not because they That is why we need a negotiation. by a bipartisan majority in the House don’t want to help America, but be- That is why we need a conference. That of Representatives. We know that. It is cause they run the risk of squandering is how a bill becomes law. That is the a matter of simple addition. So why all the assets of their companies and way it is. That is the law. We have al- would we want to have a short-term ex- enhanced exposure to new actions that ready decided that facts are stubborn. tension to provide an opportunity to might occur by terrorists. Clearly, if we were arguing this case to resolve a dispute that doesn’t exist? So the status quo is clearly not ac- a jury—and I think probably as well The majority has spoken in the Sen- ceptable, I say to my friend from the American people—they probably ate. The majority will speak in the Texas. I think his question suggests know that this is an effort by the House if given the opportunity to the answer. President to scare us and in exchange speak. They are being denied the op- This is a very serious matter and I for that, he wants to try to take care of portunity to speak because the House regret that we are where we are. We the phone companies, not the Amer- runs in a different way from the Sen- had gotten off, I thought, to a pretty ican people. ate, and the House leadership can sim- good bipartisan start this year. I had The PRESIDING OFFICER. The Sen- ply refuse to take up a matter that is hoped—and frankly expected—that we ator from West Virginia is recognized. supported by a bipartisan majority in would be having another signing cere- Mr. ROCKEFELLER. Mr. President, the House. In this particular instance— mony down at the White House on the my name has been invoked frequently talk about a publicity stunt or cre- Rockefeller-Bond bill in the next few here over the last several weeks as ating a crisis—what created the crisis days and we could breathe easy that we passing a bill which was not favored by was the refusal of the House of Rep- had done our job and had protected the the majority of the people of my aisle, resentatives to act. Now, the notion American people to the maximum ex- and the phrase actually was used by that somehow they didn’t have time— tent possible for the foreseeable future. the majority leader, who is never we have been dealing with this issue I yield the floor. wrong, that we did what the President since last August—since last August. The PRESIDING OFFICER. The ma- wanted. The House had previously sent a bill jority leader is recognized. I didn’t do what the President want- over here that was unacceptable. We Mr. REID. Mr. President, facts are ed. I did what I thought was the right are all familiar with the subject mat- stubborn. The facts are that within the thing to do. I was joined by a variety of ter. last few days, we received a commu- my colleagues, including the Presiding It is time to let a majority of the nication from the Attorney General of Officer, who reserved the right to have House of Representatives speak—legis- the United States and the man who is other views on the floor, which he did, late. They are waiting there to be the Director of National Intelligence but ended up voting for the bill. given permission to ratify the fine saying: ‘‘It is critical the authorities What absolutely baffles me is that we work led by Senator ROCKEFELLER and contained in the Protect America Act are literally—we can do this FISA bill. Senator BOND here in the Senate and not be allowed to expire.’’ That is a I am meeting tomorrow morning with ratified by a total of 68 out of 100. fact. That was followed up with a the chairman of the House Intelligence So we have a crisis, but the crisis is statement by the House minority lead- Committee, who may be the only created by the majority in the House er who said: ‘‘Allowing the Protect House member in town—I have no idea, and its refusal to accept the obvious, America Act to expire would under- but I don’t care because he is the chair- which is that a majority of the Con- mine our national security and endan- man—on what we can do to save this. I gress wishes to pass the legislation in ger American lives, and that is unac- am absolutely convinced that we can the form that will achieve a Presi- ceptable.’’ And today, the President of have—in the hearing this afternoon, dential signature. the United States said: ‘‘There is really the Presiding Officer heard me put this Mr. President, I yield to the Senator no excuse for letting this critical legis- to the Director of National Intel- from Texas for a question. lation expire.’’ ligence, who couldn’t answer it because Mr. CORNYN. Mr. President, I ask Those are the facts. So when we ask it was not a policy question, but more the distinguished Republican leader— to accomplish what they want, there is of a political question. I said: You are the majority whip has said there is an objection. going to get the majority of your infor- some sort of crisis in logic, but I ask It is very clear, this is not an effort mation all the way through August. the minority leader to respond. Isn’t by the White House to protect the The President praised our bill and then the crisis in logic that the tele- American people, it is an effort to pro- came out the next day and said: Of communications carriers, whose co- tect the phone companies. It is not the course, if the House doesn’t pass it, we operation is absolutely essential to the American people. are going to lose our intelligence and continuation of our ability to listen in We heard from the Attorney General, we will be vulnerable to the terrorists. on communications between terrorists, we heard from the Director of National That was a misstatement, I think an isn’t that what is at risk here, by mere- Intelligence, the minority leader of the annoying misstatement. ly extending the current law and fi- House, and the President of the United I don’t understand. I simply don’t un- nally to come to grips with the bipar- States. We agreed to do what they derstand, if something is good and if tisan legislation that passed the Sen- want to do to try to extend. The Re- the President is willing to sign a bill ate and is supported by a bipartisan publicans were given the orders not to which this Senator in his conscience majority in the House? do what they wanted. Those are the feels is right, and it takes 15 days to do Mr. MCCONNELL. Mr. President, I facts. it, what the minority leader needs to say to my friend from Texas, he is en- Now another issue that is very im- understand—and he served in the tirely correct. There are multiple law- portant: The majority in the House of House. I am sure he understands that suits pending against the companies. Representatives and the majority in they have now been jammed twice. They are surely being pressured by the Senate have both spoken. A basic They have been jammed. There is their shareholders and their boards of elementary rule of this Government is something called human nature, and it directors on the issue of whether con- that we have a bicameral legislature. is not illegal to talk about human na- tinued cooperation means the demise We have the House and the Senate. In ture on the floor of the Senate. They of the companies. The status quo, as November, the House passed by a ma- have been jammed. They have been

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1037 pushed down to a 2-day period or a 3- (Purpose: To rescind funds appropriated by (6) the foundational English settlements in day period when they had to make a the Consolidated Appropriations Act, 2008, Jamestown, Virginia, and Plymouth, Massa- decision. They resent that. But if they for the City of Berkeley, California, and chusetts, owed their survival in large meas- were given a period of time, they would any entities located in such city, and to ure to the compassion and aid of Native Peo- provide that such funds shall be trans- ples in the vicinities of the settlements; come, in my judgment, to where we ferred to the Operation and Maintenance, (7) in the infancy of the United States, the are, and the bill would go to the Presi- Marine Corps account of the Department of founders of the Republic expressed their de- dent and he would sign it. Defense for the purposes of recruiting) sire for a just relationship with the Indian Now, let me say something more. At the appropriate place, add the fol- tribes, as evidenced by the Northwest Ordi- What people have to understand around lowing: nance enacted by Congress in 1787, which be- here is that the quality of the intel- SEC. ll. RECISSION AND TRANSFER OF FUNDS. gins with the phrase, ‘‘The utmost good faith ligence we are going to be receiving is (a) RECISSION OF CERTAIN EARMARKS.—All shall always be observed toward the Indi- going to be degraded. It is going to be of the amounts appropriated by the Consoli- ans’’; dated Appropriations Act, 2008 (Public Law (8) Indian tribes provided great assistance degraded. It is already going to be de- to the fledgling Republic as it strengthened graded as telecommunications compa- 110–161) and the accompanying report for congressional directed spending items for and grew, including invaluable help to nies lose interest. Everybody tosses the City of Berkeley, California, or entities Meriwether Lewis and William Clark on that around and says: Well, what do located in such city are hereby rescinded. their epic journey from St. Louis, Missouri, you mean? I say: Well, what are they (b) TRANSFER OF FUNDS TO OPERATION AND to the Pacific Coast; making out of this? What is the big MAINTENANCE, MARINE CORPS.—The amounts (9) Native Peoples and non-Native settlers payoff for the telephone companies? rescinded under subsection (a) shall be trans- engaged in numerous armed conflicts in They get paid a lot of money? No. They ferred to the ‘‘OPERATION AND MAINTENANCE, which unfortunately, both took innocent get paid nothing. What do they get for MARINE CORPS’’ account of the Department lives, including those of women and children; (10) the Federal Government violated many this? They get $40 billion worth of of Defense for fiscal year 2008 to be used for recruiting purposes. of the treaties ratified by Congress and other suits, grief, trashing, but they do it. (c) CONGRESSIONAL DIRECTED SPENDING diplomatic agreements with Indian tribes; But they don’t have to do it, because ITEM DEFINED.—In this section, the term (12) the United States forced Indian tribes they do have shareholders to respond ‘‘congressional directed spending item’’ has and their citizens to move away from their to, to answer to. There is going to be a the meaning given such term in paragraph traditional homelands and onto federally es- degrading of the nature of our intel- 5(a) of rule XLIV of the Standing Rules of tablished and controlled reservations, in ac- ligence in some very crucial areas if we the Senate. cordance with such Acts as the Act of May 28, 1830 (4 Stat. 411, chapter 148) (commonly follow the path that the minority lead- Mr. DEMINT. Mr. President, I yield the floor. known as the ‘‘Indian Removal Act’’); er is suggesting, because we will go (13) many Native Peoples suffered and per- right back to where we were last Au- Mr. DORGAN. Mr. President, I make ished— gust, and that will be a further jolt to a point of order that a quorum is not (A) during the execution of the official the telecommunications companies, be- present. Federal Government policy of forced re- cause they will understand that you The PRESIDING OFFICER. The moval, including the infamous Trail of Tears cannot count on the Congress, you can- clerk will call the roll. and Long Walk; not count on us to make policy which The legislative clerk proceeded to (B) during bloody armed confrontations will give stability to their—not govern- call the roll. and massacres, such as the Sand Creek Mas- sacre in 1864 and the Wounded Knee Massacre ment agencies but to their corpora- Mr. BROWNBACK. Mr. President, I ask unanimous consent that the order in 1890; and tions. (C) on numerous Indian reservations; Fifteen days. We are off for a week, for the quorum call be rescinded. (14) the Federal Government condemned so maybe it has to be 25 days. I don’t The PRESIDING OFFICER (Mr. NEL- the traditions, beliefs, and customs of Native know. I don’t care about that. We could SON of Florida). Without objection, it is Peoples and endeavored to assimilate them have the same bill on this floor from so ordered. by such policies as the redistribution of land the House. I am convinced of it. It is AMENDMENT NO. 3893, AS MODIFIED under the Act of February 8, 1887 (25 U.S.C. Mr. BROWNBACK. Mr. President, I 331; 24 Stat. 388, chapter 119) (commonly human nature. Give them a chance to known as the ‘‘General Allotment Act’’), and have a grudge. I am going to meet with ask for the regular order and call up the forcible removal of Native children from the chairman tomorrow. Let him rip my amendment No. 3893. I send a modi- their families to faraway boarding schools into me for not giving the House an fication to the desk. where their Native practices and languages adequate chance for the second time to The PRESIDING OFFICER. The were degraded and forbidden; discuss this matter. But I am abso- amendment is pending. (15) officials of the Federal Government lutely convinced that we could have The amendment is so modified. and private United States citizens harmed that bill on the floor in this body and The amendment, as modified, is as Native Peoples by the unlawful acquisition follows: of recognized tribal land and the theft of pass it and send it to the President. tribal resources and assets from recognized Why they don’t want to do that, I do At the end, add the following: tribal land; not know. TITLE III—MISCELLANEOUS (16) the policies of the Federal Government I yield the floor. SEC. 301. RESOLUTION OF APOLOGY TO NATIVE toward Indian tribes and the breaking of cov- The PRESIDING OFFICER. The Sen- PEOPLES OF UNITED STATES. enants with Indian tribes have contributed ator from South Carolina. (a) FINDINGS.—Congress finds that— to the severe social ills and economic trou- (1) the ancestors of today’s Native Peoples bles in many Native communities today; AMENDMENT NO. 4080 TO AMENDMENT NO. 4070 inhabited the land of the present-day United (17) despite the wrongs committed against Mr. DEMINT. Mr. President, I call for States since time immemorial and for thou- Native Peoples by the United States, Native the regular order with respect to sands of years before the arrival of people of Peoples have remained committed to the amendment No. 4070, and I call up European descent; protection of this great land, as evidenced by (2) for millennia, Native Peoples have hon- the fact that, on a per capita basis, more Na- amendment No. 4080 as a second-degree ored, protected, and stewarded this land we tive Peoples have served in the United States amendment. cherish; Armed Forces and placed themselves in The PRESIDING OFFICER. The (3) Native Peoples are spiritual people with harm’s way in defense of the United States clerk will report the amendment. a deep and abiding belief in the Creator, and in every major military conflict than any The legislative clerk read as follows: for millennia Native Peoples have main- other ethnic group; tained a powerful spiritual connection to (18) Indian tribes have actively influenced The Senator from South Carolina [Mr. this land, as evidenced by their customs and the public life of the United States by con- DEMINT] proposes an amendment numbered legends; tinued cooperation with Congress and the 4080 to amendment No. 4070. (4) the arrival of Europeans in North Amer- Department of the Interior, through the in- Mr. DEMINT. Mr. President, I ask ica opened a new chapter in the history of volvement of Native individuals in official unanimous consent that the reading of Native Peoples; Federal Government positions, and by lead- the amendment be dispensed with. (5) while establishment of permanent Euro- ership of their own sovereign Indian tribes; pean settlements in North America did stir (19) Indian tribes are resilient and deter- The PRESIDING OFFICER. Without conflict with nearby Indian tribes, peaceful mined to preserve, develop, and transmit to objection, it is so ordered. and mutually beneficial interactions also future generations their unique cultural The amendment is as follows: took place; identities;

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1038 CONGRESSIONAL RECORD — SENATE February 14, 2008 (20) the National Museum of the American with Senator BROWNBACK’s amend- that status was taken from them by an Indian was established within the Smithso- ment. I do not need a recorded vote. I Act of Congress in 1946. nian Institution as a living memorial to Na- am more than happy to accept a voice At the conclusion of my remarks, I tive Peoples and their traditions; and vote. will ask that a letter to Senator CRAIG (21) Native Peoples are endowed by their Creator with certain unalienable rights, and Mr. DORGAN. Mr. President, both from General Delfin Lorenzana, the among those are life, liberty, and the pursuit amendments have been cleared. I ask head of the Office of Veterans’ Affairs of happiness. for a favorable consideration of the two for the Embassy of the Philippines, be (b) ACKNOWLEDGMENT AND APOLOGY.—The amendments. printed in the RECORD. This letter pre- United States, acting through Congress— The PRESIDING OFFICER. The sents a historical overview of Filipino (1) recognizes the special legal and polit- question is on agreeing to the Brown- involvement during World War II and ical relationship Indian tribes have with the back amendment No. 3893, as modified, what has ensued since that time. United States and the solemn covenant with General Lorenzana notes that these the land we share; and the Mikulski amendment No. 4023, (2) commends and honors Native Peoples en bloc. veterans fought in a war between the for the thousands of years that they have The amendments (Nos. 3893, as modi- United States and Japan, under the stewarded and protected this land; fied, and 4023) were agreed to en bloc. U.S. flag as part of the U.S. Army (3) recognizes that there have been years of Mr. BROWNBACK. Mr. President, I Forces in the Far East. He notes that official depredations, ill-conceived policies, move to reconsider the vote. out of the nearly half-a-million Fili- and the breaking of covenants by the Federal Ms. MIKULSKI. I move to lay that pino veterans who served, only 18,000 Government regarding Indian tribes; survive today. In another decade, only (4) apologizes on behalf of the people of the motion on the table. United States to all Native Peoples for the The motion to lay on the table was a few of them will remain. many instances of violence, maltreatment, agreed to. I am happy to note that many Fili- and neglect inflicted on Native Peoples by Mr. DORGAN. Mr. President, I sug- pino veterans enjoy eligibility for ben- citizens of the United States; gest the absence of a quorum. efits and health care services on the (5) expresses its regret for the ramifica- The PRESIDING OFFICER. The same basis as other U.S. veterans. tions of former wrongs and its commitment clerk will call the roll. However, there is still work to be done to build on the positive relationships of the in order to extend these eligibilities to past and present to move toward a brighter The legislative clerk proceeded to all of those who served with the United future where all the people of this land live call the roll. reconciled as brothers and sisters, and har- Mr. DORGAN. Mr. President, I ask States military during World War II. moniously steward and protect this land to- unanimous consent that the order for Last June the committee held a gether; the quorum call be rescinded. markup where the then ranking mem- (6) urges the President to acknowledge the The PRESIDING OFFICER. Without ber, Senator CRAIG, offered an amend- wrongs of the United States against Indian objection, it is so ordered. ment to reduce the amount of pension tribes in the history of the United States in that Filipino veterans residing in the Mr. DORGAN. Mr. President, I ask order to bring healing to this land; and Philippines would receive under S. 1315. (7) commends the State governments that unanimous consent that the Senator I stress that the amendment was not to have begun reconciliation efforts with recog- from Hawaii, Mr. AKAKA, be recognized strip pension benefits from the bill en- nized Indian tribes located in their bound- for 7 minutes as in morning business. tirely—merely to reduce the benefit in aries and encourages all State governments The PRESIDING OFFICER. Without similarly to work toward reconciling rela- line with what Senator CRAIG viewed as objection, it is so ordered. tionships with Indian tribes within their appropriate. I disagreed with Senator The Senator from Hawaii is recog- boundaries. CRAIG’s assessment and his amendment nized. (c) DISCLAIMER.—Nothing in this section— was not adopted. (1) authorizes or supports any claim VETERANS BENEFITS ENHANCEMENT ACT In the months that followed markup, against the United States; or Mr. AKAKA. Mr. President, I come to (2) serves as a settlement of any claim consideration of S. 1315 was put off against the United States. the floor today to speak—again—about while Republican leadership on the S. 1315, the Veterans Benefits Enhance- committee suddenly changed hands. Mr. BROWNBACK. Mr. President, ment Act of 2007. This critical legisla- In late fall, my efforts to seek a mid- this is an amendment brought up at tion would affect real change in the dle ground between the level of pension the very outset of this debate. I under- treatment of our Nation’s veterans. benefits in the bill as reported, and the stand there has been an agreement Provisions in S. 1315 would improve level former Ranking Member CRAIG that we can move forward with this life insurance programs for disabled sought during markup, were rejected. amendment. So I have worked with the veterans, expand the traumatic injury When a counteroffer was finally made chairman of the committee and the protection program for active duty by the committee’s new ranking mem- ranking member, and the modifica- servicemembers, and provide individ- ber, Senator BURR, supported by Sen- tions have been made. uals with severe burns specially adapt- ator CRAIG, it proposed to entirely I ask for the yeas and nays on this ed housing benefits. These provisions strip pension benefits from Filipino amendment. are vital to improve benefits and serv- veterans residing in the Philippines Mr. DORGAN. Mr. President, my un- ices for our veterans. from the bill. This is not acceptable to derstanding is that we were going to However, for many months now, S. me. It is possible, however, that it voice vote this amendment. Senator 1315 has been blocked from debate by might be acceptable to some in the MIKULSKI is in the room, and she will Republican Members opposed to a pro- Senate. That is why I continue to ask want to call up her amendment No. vision in the bill that would extend that we move forward with delibera- 4023. My hope is that we could agree to certain VA benefits to Filipino vet- tion of this measure. Let us have a real these two amendments en bloc by voice erans, residing in the Philippines, who debate on this bill, and then have an vote. fought alongside U.S. troops during up-or-down vote. Mr. BROWNBACK. We do not need a World War II. These veterans have been I again ask that the Senate be al- recorded vote. I will agree to a voice denied these benefits for over 50 years. lowed to debate this important meas- vote. I believe it is time to give these elderly ure. Our committee must be permitted First, I ask unanimous consent to veterans the benefits that they earned to finish our work. America’s veterans add Senator COBURN as a cosponsor of and so richly deserve. deserve no less. my amendment. In the 62 years since the end of the Mr. President, I ask unanimous con- The PRESIDING OFFICER. Without Second World War, Filipino veterans sent that the letter from General objection, it is so ordered. have worked tirelessly to secure the Lorenzana, which I mentioned earlier, AMENDMENT NO. 4023 veterans status they were promised be printed in the RECORD. Ms. MIKULSKI. Mr. President, I ask when they agreed to fight under U.S. There being no objection, the mate- unanimous consent that my amend- command during World War II. They rial was ordered to be printed in the ment No. 4023 be considered en bloc were considered U.S. veterans until RECORD, as follows:

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1039

EMBASSY OF THE PHILIPPINES, of veterans). What is the price of the services rightful benefits under U.S. laws by an act of Washington, DC, February 6, 2008. and sacrifices so generously given to Amer- Congress. During the deliberation of the Re- Hon. LARRY E. CRAIG, ica by these veterans and the entire Filipino scission Act of 1946, the Head of the Veterans Member, Senate Veterans’ Affairs Committee, nation during that Great War, Senator Administration testified that the Filipino Hart Senate Office Building, U.S. Senate, Craig? They were prepared to offer the ulti- soldiers who served under the U.S. Army Washington, DC. mate sacrifice for America. Their homeland during World War II pursuant to the military DEAR SENATOR CRAIG: In November and De- was made a battlefield in a war between order’ of President Franklin Roosevelt sat- cember last year, S1315, the Veterans Bene- Japan and the United States. An estimated isfy the statutory definition of a U.S. vet- fits Enhancement Act (which includes bene- one million Filipinos, combatants and non- eran and that it would cost the U.S. $3.2B to fits for surviving Filipino World War II vet- combatants, died in that war. If at all, for so pay them on equal terms as their U.S. coun- erans) was brought to the Senate Floor for many of these veterans, these benefits may terpart. Subsequently, the Rider to P.L. 79– unanimous consent. On both occasions, you be too little, too late. 301 was inserted to become Sec. 107, Title 38 strongly objected to the passage of the Bill, And yet after the war, these veterans were of the U.S. Code which S1315 aims to amend. specifically Title IV, the portion on Filipino denied their benefits under U.S. laws by an How much is $3.2B in today’s dollars, Sen- WWII veterans, citing reasons such as: the Act of Congress (PL 79–301). It was a dis- ator Craig? Furthermore, the Rider to P.L. Filipino veterans are not U.S. citizens; the criminatory, unfair and unjust law because 79–301 provided an appropriation of $200M to proposed benefits are too generous; they while it barred these veterans from getting the Philippine Army to compensate Filipino would have undue advantage over U.S. vet- benefits it also provided for widows and or- veterans. Immediately upon enactment of erans residing in the U.S.; we have treated phans of those who died in line of duty and P.L. 79–301, the Philippine Resident Commis- them fairly by providing $620M in recon- to those who had service-connected disabil- sioner to the U.S., the Honorable Carlos P. struction after the war ($6.7B in today’s dol- ities even if only at 50 cents to the dollar. Romulo, protested the Rider and rejected the lars); we have a hospital in the Philippines; But were the services of the survivors less $200M appropriation to the Philippine Army. we are taking away money from our veterans important than those who were killed at the Our research yields no record of the amount to give to a foreign veteran—a Filipino (the onset of the war and later or those who were going into the Philippine Army budget in the Robin Hood in reverse effect). imprisoned, wounded and incapacitated? years 1946–48. Again, how much is this in to- It would be reasonable for such arguments In reality, they were an indispensable part day’s dollars? By all accounts, this measure to appeal to the American public, especially of the underground Army that tied up large has saved the U.S. billions of dollars at the those who are uninformed of the complete number of Japanese forces otherwise de- expense of the Filipino veterans. facts of the issue. But in the interest of fair- ployed elsewhere. They aided and protected Mr. Senator, these Filipino WWII veterans ness, it is necessary to see the entire picture. American officers and soldiers who escaped were no different from the more than 15 mil- First of all, Filipinos who served under the capture. They served in the underground lion American men and women who were dis- U.S. Army pursuant to a military order by units led by USAFFE officers. They provided charged from the military service at the end President Franklin D. Roosevelt on July 26, vital intelligence and forces-in-place that fa- of WWII. They came from all walks of life 1941 were in fact U.S. veterans by U.S. defini- cilitated the counter-invasion of the allied and cross-section of the country the same as tion and the Rider to the Rescission Act of forces that minimized allied casualties. They their U.S. counterparts: from cities, small 1946 (PL 79–301) was, therefore, grossly dis- provided invaluable intelligence and combat towns, farms and villages. But the similarity criminatory, unfair and unjust. support in the rescue of 513 American POWs ends there. After the war the U.S. veterans The Filipino WWII Veterans claim is based in Cabanatuan in Central Luzon on January could go to school under the GI Bill of on the Philippines’ status as a U.S. colony 28, 1945—considered as the most successful Rights. They were eligible to generous hous- and a U.S. law, the Tydings-McDuffie Act of rescue in the annals of the U.S. Army. This ing loans, medical and other benefits. Edu- 1934, also known as the Philippine Independ- rescue operation was later made into the ac- cated and trained, they became a vital cog of ence Act. This law was passed by the U.S. claimed book ‘‘The Ghost Soldiers’’ and postwar America that propelled this great Congress on March 24, 1934 to provide self- eventually into a movie ‘‘The Great Raid’’. nation to its preeminent place in the world government to the Philippines leading to its U.S. role in the Philippine postwar recon- today. Two of your esteemed Senate col- eventual independence from America after a struction and rehabilitation was to be ex- leagues, Senators John Warner and Frank transition period of 10 years. This law man- pected. The war, after all, was on account of Lautenberg, both WWII veterans, dates that all citizens of the Philippines the United States. But these postwar recon- jumpstarted their careers through the GI shall owe allegiance to the United States. struction and aid came at a great cost to the Bill. No such luck came for the Filipino vet- Under this law, the United States of America fledgling Philippine Republic as this excerpt erans. retains control and supervision of national from a history book states: ‘‘The Philippines Senator Craig, the 110th Congress is in a defense and foreign affairs. The President of had gained independence in the ‘ashes of vic- position to redress a 62-year old injustice the United States of America was likewise tory’. Intense fighting, especially around done to Filipino veterans by the same insti- granted power to call into service all mili- Manila in the last days of the Japanese re- tution that you now serve, by passing S1315. tary forces located within the Philippine treat (February–March 1945), had nearly de- Out of the original 470,000 listed after the Commonwealth Government. This power was stroyed the capital. The economy generally war which the U.S. Army trimmed down to invoked and exercised by President Franklin was in disarray. Rehabilitation aid was obvi- 260,143 in 1948, barely 18,000 survive today. D. Roosevelt on July 26, 1941 when war with ously needed, and President Roxas was will- They are in their mid-80s and in about a dec- Japan became imminent. ing to accept some onerous conditions placed ade only a few of them would be left. They Some have argued that the responsibility implicitly and explicitly by the U.S. Con- are not seeking equal benefits as their Amer- for taking care of Filipino veterans rests gress. The Bell Act in the United States ex- ican counterparts. The Veterans Federation upon the Philippine Government because tended free trade with the Philippines for 8 of the Philippines welcomes and fully sup- they fought for their country. Our Govern- years, to be followed by 20 years of gradually ports the Senate Veterans Affairs’ Com- ment has been doing this within its re- increasing tariffs. The United States de- mittee markup. Your statement that it sources for more than 60 years. In fact the manded and received a 99-year lease on a would give them undue advantage over U.S. Philippine Congress is passing a law that number of Philippine military and naval veterans residing in the U.S. vis-a` -vis the would allow these veterans to continue re- bases in which U.S. authorities had virtual difference in the cost of living in both coun- ceiving their old-age pensions even after the territorial rights. And finally, as a specific tries is not the case on closer scrutiny. U.S. has passed a law that would give them requirement for release of U.S. war-damage Whilst the U.S. veterans have access to VA veterans benefits. payments, the Philippines had to amend its medical facilities & medicines, loan guaran- That they fought for their country’s lib- constitution to give U.S. citizens equal tees, low insurance premiums and food eration cannot be denied. But primarily, rights with Filipinos in the exploitation of stamps the Filipino veterans do not. Only these veterans fought in a war between U.S. its natural resources—the so-called Parity those in Luzon have easy access to the Vet- and Japan, under the U.S. flag as part of the Amendment.’’ The aggressor nations were erans Memorial Medical Center in Manila (a United States Army Forces in the Far East actually treated better. hospital built by the U.S. in 1950 and con- (USAFFE). Japan invaded the Philippines to Your statement that granting these bene- veyed to the Philippine Government in 1953) defeat the American forces stationed thereat fits to the Filipino veterans is stealing but they usually pay for their own medi- which it considered an obstacle in its drive money from U.S. veterans and giving it to a cines. Whatever meager income they have is to the resource-rich Dutch East Indies. Some foreign veteran—a Filipino (the Reverse augmented by a 5,000 pesos old-age pension historians have argued that if the Phil- Robin Hood effect), is most unfair to all from the Philippine Government. Further- ippines then had not been a colony of the these veterans, Filipinos and Americans. more, the appreciation of the Peso against U.S., it could have been easily bypassed by They served the United States faithfully and the Dollar which was 55:1 a year ago is now Japan in its southward drive. Because of the selflessly and it is uncharacteristic that they 40: 1, thus greatly diminishing the real value vagaries of history we will never know this should be pitted against each other over ben- of the proposed pension benefits. for sure, but the fact is, Thailand, a country efits. These Filipinos are U.S. veterans at We hope that the debate on the Filipino not under a colonial rule, was not invaded. the end of WWII as pointed out earlier. Our WWII veterans issue would focus more on the You claimed that the pension benefit is too research into U.S. Congressional records of merits of their claims and not their being generous ($375 for veterans with dependents, early 1946 indicates that, in fact, it was the non-U.S. citizens. After all, this was not an $300 for single veterans, and $200 for widows Filipino veterans who were stripped of their issue in 1941 when the U.S. President ordered

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1040 CONGRESSIONAL RECORD — SENATE February 14, 2008

them into the service of the U.S. Army to the results of, a study to determine possible AMENDMENT NOS. 4024, 4025, 4026, 4027, 4028, 4030, fight under the U.S. flag. They were U.S. vet- causes for the high prevalence of tobacco use 4031, 4033, 4035, AND 4037 WITHDRAWN erans under U.S. law after the war and enti- among Indians. Mr. DORGAN. Mr. President, Senator tled to VA benefits until PL 79–301 was AMENDMENT NO. 4083 COBURN has indicated to me that the passed. (Purpose: To require the Comptroller Gen- pending Coburn amendments will not As we commemorate the Anniversary of eral of the United States to conduct a the Rescission Act of 1946 on February 18, we be dealt with further. Therefore, on his study on payments for contract health behalf, I ask that the Coburn amend- pray that this 62-year old claim for recogni- services) tion and benefits of these remaining gallant ments be withdrawn. I believe Senator At the end of title I, add the following: men and women who served America with MURKOWSKI is with the same under- lll utmost loyalty and devotion during WWII be SEC. . GAO STUDY AND REPORT ON PAY- MENTS FOR CONTRACT HEALTH standing. He came to both of us. He of- finally granted. SERVICES. fered some of his amendments. He got Lastly, the Philippines is one of the lead- (a) STUDY.— us to accept other amendments with- ing allies of the U.S. in today’s war against (1) IN GENERAL.—The Comptroller General out a vote. We appreciate very much terror. In the same way that the Filipino sol- of the United States (in this section referred diers in WWII shed their blood with U.S. sol- his cooperation. But the other pending to as the ‘‘Comptroller General’’) shall con- amendments that were accepted origi- diers in defense of freedom and democracy, duct a study on the utilization of health care today’s Filipino soldiers help make the world furnished by health care providers under the nally to be en bloc, we ask they be a safer and more secure place to live. Would contract health services program funded by withdrawn. it be too much to ask, therefore, that if only the Indian Health Service and operated by Ms. MURKOWSKI. Mr. President, we in tribute to their long lasting partnership, the Indian Health Service, an Indian Tribe, have no objection on this side to with- that a great injustice be formally corrected or a Tribal Organization (as those terms are drawing the pending Coburn amend- and our WWII veterans given the recognition defined in section 4 of the Indian Health Care ments. and benefits they so richly deserve. That’s Improvement Act). The PRESIDING OFFICER. Without all that we ask. (2) ANALYSIS.—The study conducted under With my best wishes for your continued objection, it is so ordered. The amend- paragraph (1) shall include an analysis of— ments are withdrawn. success, I remain (A) the amounts reimbursed under the con- Sincerely yours, tract health services program described in The Senator from North Carolina. DELFIN N. LORENZANA, paragraph (1) for health care furnished by en- Mr. BURR. Mr. President, I ask unan- Special Presidential Representative/ tities, individual providers, and suppliers, in- imous consent to address the Senate Head, Office of Veterans’ Affairs. cluding a comparison of reimbursement for for 10 minutes as in morning business. Mr. AKAKA. I yield the floor and such health care through other public pro- The PRESIDING OFFICER. Without suggest the absence of a quorum. grams and in the private sector; objection, it is so ordered. The PRESIDING OFFICER. The (B) barriers to accessing care under such SECTION 303 clerk will call the roll. contract health services program, including, Mr. KENNEDY. Mr. President, I The legislative clerk proceeded to but not limited to, barriers relating to travel distances, cultural differences, and public would like to thank the senior Senator call the roll. and private sector reluctance to furnish care from North Dakota for his leadership Mr. DORGAN. Mr. President, I ask to patients under such program; on the issue of Indian health care. As unanimous consent that the order for (C) the adequacy of existing Federal fund- he and the Senator from Alaska have the quorum call be rescinded. ing for health care under such contract emphasized during the debate in recent The PRESIDING OFFICER. Without health services program; and days, our Government must ensure objection, it is so ordered. (D) any other items determined appro- that Native Americans have access to priate by the Comptroller General. AMENDMENTS NOS. 4078, AS MODIFIED; TO quality health care throughout our (b) REPORT.—Not later than 18 months AMENDMENT NO. 3899, AND 4083 after the date of enactment of this Act, the country. Mr. DORGAN. Mr. President, I have a Comptroller General shall submit to Con- Mr. DORGAN. I thank the Senator unanimous consent request that has gress a report on the study conducted under from Massachusetts for his support. been cleared on both sides, to clear subsection (a), together with recommenda- Mr. KENNEDY. I understand that in some amendments that are agreed to. tions regarding— the managers’ amendment, section I ask unanimous consent that the (1) the appropriate level of Federal funding 303(b) of the bill has been modified so pending amendment be set aside so that should be established for health care that the language is now identical to under the contract health services program that I may call up the following current law; is that correct? amendments en bloc: Coburn, No. 4078, described in subsection (a)(1); and (2) how to most efficiently utilize such Mr. DORGAN. Yes. The intent of the as modified; Vitter, No. 4038; Binga- funding. provision in the managers’ amendment man, No. 4083. (c) CONSULTATION.—In conducting the to the bill is to maintain current law. The PRESIDING OFFICER. Without study under subsection (a) and preparing the Generally, when Indian health facili- objection, it is so ordered. report under subsection (b), the Comptroller ties are constructed or renovated, The clerk will report the amend- General shall consult with the Indian Health Davis-Bacon prevailing wage rates ments. Service, Indian Tribes, and Tribal Organiza- apply. However, pursuant to current tions. The legislative clerk read as follows: Federal law and longstanding policy of Mr. DORGAN. Mr. President, I ask The Senator from North Dakota [Mr. DOR- the Department of Labor, Indian unanimous consent that the following GAN], for Mr. COBURN and Mr. BINGAMAN, pro- Health Service, and Bureau of Indian amendments be agreed to en bloc: Mar- poses amendments numbered 4078, as modi- Affairs, when Indian tribes and tribal tinez, No. 3906, as modified; Bingaman, fied, and 4083, en bloc. organizations construct or renovate No. 4083; Barrasso, No. 3898; Coburn, The amendments are as follows: federally funded Indian health facili- No. 4078, as modified; Coburn, No. 4029; AMENDMENT NO. 4078, AS MODIFIED ties using their own employees, Davis- and Vitter, No. 4038. At the appropriate place in title VIII of the Bacon prevailing wage rates do not The PRESIDING OFFICER. Without Indian Health Care Improvement Act (as apply. Our intention in the managers’ objection, it is so ordered. amended by section 101), insert the fol- amendment is to maintain the status lowing: The amendments (Nos. 3906, as modi- fied; 4083; 3898; 4078, as modified; 4029; quo of current law and policy in these ‘‘SEC. 8ll. STUDY ON TOBACCO-RELATED DIS- regards. EASE AND DISPROPORTIONATE and 4038) were agreed to en bloc. HEALTH EFFECTS ON TRIBAL POPU- Mr. DORGAN. Mr. President, I sug- Mr. KENNEDY. So this language LATIONS. gest the absence of a quorum. does not change the construction or ap- ‘‘Not later than 180 days after the date of The PRESIDING OFFICER. The plication of existing statutes? enactment of the Indian Health Care Im- clerk will call the roll. Mr. DORGAN. Correct, it does not provement Act Amendments of 2008, the Sec- The legislative clerk proceeded to change current law. It is our intent retary, in consultation with appropriate Fed- call the roll. that the prevailing wage provisions in eral departments and agencies and acting both the Indian Health Care Improve- through the epidemiology centers estab- Mr. DORGAN. Mr. President, I ask lished under section 209, shall solicit from unanimous consent that the order for ment Act and the Indian Self-Deter- independent organizations bids to conduct, the quorum call be rescinded. mination and Education Assistance and shall submit to Congress, no later than The PRESIDING OFFICER. Without Act will continue to apply when Fed- 5 years after enactment, a report describing objection, it is so ordered. eral funds are used for the construction

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1041 and renovation of Indian health facili- CMS is attempting to chop the case This reauthorization makes much ties, except where such work is carried management system into pieces, wrap needed improvements to the way out by tribal or tribal organization em- it in red tape, and sit back as it with- health care is administered to Amer- ployees. ers on the vine. ican Indians. It makes new authoriza- Ms. MURKOWSKI. That is my under- They are limiting case management, tions for home and community based standing as well. The only reason that as if the lack of it is in some way a rea- care, a cost-effective and much desired the managers’ amendment restates sec- sonable solution to rising health care alternative to traditional long-term tion 303, as opposed to simply leaving costs. Nothing could be further from care facilities. It expands behavioral section 303 in current law untouched, is the truth. health services to address disorders be- a purely technical matter arising from At a time when our health care sys- yond the traditional focus on alcohol the difficulty, or awkwardness, of leav- tem is overburdened and our economy and substance abuse. And it requires ing only one provision of the Indian is in a slump, why would we introduce that individuals in need of mental help Health Care Improvement Act in place chaos into cost-effective, coordinated get access to a continuum of care such while restating or amending the rest of care? as hospitalization and detoxification that act. If the administration hamstrings ef- services. Mr. DORGAN. That is correct, that is fective case management, Medicaid Importantly, this bill includes long- why the managers’ amendment re- costs will not drop, they will likely term reauthorization of health services states current section 303 verbatim. balloon. Without solid case manage- for urban Indians. As my colleagues Ms. MURKOWSKI. More specifically, ment grounded in seamless administra- know, urban Indians account for a vast it is my understanding that by simply tion and service delivery, state Med- majority of the American Indian popu- restating section 303 verbatim in this icaid Programs will lose ground. lation, with nearly 7 out of 10 Amer- They will forsake precious progress bill, Congress is not superseding or al- ican Indians and Alaskan Natives liv- they have made toward eliminating du- tering the effect of the prevailing wage ing in or near an urban area. plicative or unnecessary care, reducing provisions of the Indian Self-Deter- Such a large population cannot be hospitalizations, and improving out- mination and Education Assistance left behind in this reauthorization. comes. Urban Indians face similar health dis- Act—including the exception referred This rule is bad for Ohio and bad for parities as their counterparts who live to by the Senator from North Dakota the nation. applicable when construction or ren- It is misguided, and frankly, it is on reservations, and they are not re- ovation work is carried out by employ- cruel. moved from our Nation’s trust obliga- ees of an Indian tribe or tribal organi- Whether your vote arises from com- tion because of where they live. zation—the regulations promulgated passion or common sense, I urge every Washington State is grateful for the under that act. Member to support this amendment. efforts of two urban Indian organiza- Mr. KENNEDY. That is correct. Ms. CANTWELL. Mr. President, I tions working to provide critically Mr. DORGAN. Yes, that is correct. rise in strong support of the Indian needed health care to this underserved Mr. BROWN. Mr. President, I rise Health Care Improvement Act and the population. The Seattle Indian Health today in support of amendment No. reauthorization we are considering Board and the N.A.T.I.V.E. Project of 4023, which would halt draconian new today. Spokane have remained strong compo- rules that would hamstring cost-effec- Passage of this bill in the Senate is nents of our State’s health and social tive case management services under long overdue. We haven’t passed an up- safety net, providing over 15,000 unique the Medicaid Program. date to the Indian Health Care Im- patients with comprehensive primary In March of this year, the Centers for provement Act since 1992, and the law care, mental health, and social serv- Medicare and Medicaid Services plans has now been expired for 8 years. ices. to implement a regulation designed to Since this time, we have seen the The Seattle Indian Health Board also limit case management services: For continuation of unacceptable trends in serves as a vital health research and children in foster care; for the elderly, the health of American Indians and surveillance center for the country who, if not for case management, Alaskan Natives. American Indians and under its Urban Indian Health Insti- would be in nursing homes; for Ameri- Alaskan Natives across the country are tute program. There is much to be cans with disabilities; and or individ- 400 percent more likely to die from tu- learned about the issues and barriers uals with severe mental illness. berculosis, 291 percent more likely to facing urban Indians, making the com- These are Americans who not only die from diabetes complications, and 67 prehensive collection and analysis of live with severe health or mental dis- percent more likely to die from influ- information from this program abilities, they live in poverty. enza and pneumonia than other groups. indispensible to our work to improve This administration is nothing if not In my State of Washington, the aver- the health of our communities. consistent. age life expectancy of an American In- Continuing Federal support for these This administration consistently dian is estimated to be 4 years below and the other 32 entities currently re- woos those with wealth and neglects that of the general population, as re- ceiving Federal resources for urban In- those in need. ported by the Indian Health Service for dian health care must remain a top pri- Ohio has worked over the past 24 the years 2000 through 2002. This is a ority under this Government’s strategy years to develop and fine tune an effec- troubling increase from the gap of 2.8 to address the disparities facing all tive system for providing case manage- years reported by the Indian Health American Indians. ment to Medicaid beneficiaries who Service for 1994. I am excited that we have come so meet a nursing home level of care but These disparities must not continue. close to passing this reauthorization. I want to remain in their homes. We owe it to Indian Country to make hope to work with Chairman DORGAN, Enabling these Ohioans, most of good on our promise—a promise embed- Vice Chairman MURKOWSKI, and my whom are elderly, to live independ- ded in long-standing trust agree- colleagues on the Indian Affairs and Fi- ently is not only right, it is smart. ments—to ensure that the health needs nance Committees to seeing this Per capita nursing home care is more of American Indians and Alaskan Na- through and getting a bill signed into expensive than per capita home health tives are taken care of. law. care. Enactment of this bill, of which I am However, I want to also urge my col- And home and community-based care a proud cosponsor, is a necessary step leagues to remember that our trust re- fosters independence, self-determina- that will help us fully realize our obli- sponsibility does not end with reau- tion, and rehabilitation. gations. The Indian Health Care Im- thorization of the Indian Health Care Case managers are the foundation of provement Act must be reauthorized, Improvement Act. It continues as we this system of care. It cannot work and most importantly, modernized to craft a budget for the coming fiscal without them. ensure that the services delivered year and make the appropriations for But case managers cannot do their under the Indian Health Service reflect the Indian Health Service. The pro- jobs if they are hung up by rules that the advances made in health care deliv- grams we are about to reauthorize are just do not make sense. ery. useless if we don’t make gains in the

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1042 CONGRESSIONAL RECORD — SENATE February 14, 2008 paltry amount of funds for health serv- In addition, in the Indian Health gram for Indians, diabetes patients are ices, urban Indian health, and facilities Amendments of 1992, Congress specifi- losing weight and improving their life- construction. As my colleagues know, cally pledged to ‘‘assure the highest style. I am also pleased to note that the Indian Health Service is only fund- possible health status for Indians and the One Sky Center, a National Native ed at 60 percent of estimated need. urban Indians and to provide all re- Resource Center for Substance Abuse Today’s actions should be the begin- sources necessary to effect that pol- and Mental Health Services located at ning of a renewed commitment to our icy.’’ These combined commitments Oregon Health and Science University first Americans. I look forward to are absolutely essential to help the in Portland, is the only National Re- starting a new chapter in our relation- Federal Government meet its legal and source Center of its kind in Indian ship with Indian Country. moral responsibilities to Native Ameri- Country. Indian Country is in a crisis Mr. WYDEN. Mr. President, today cans. in combating alcohol, substance abuse, the Senate is considering the Indian Sadly, we haven’t even come close to and methamphetamine. There is a real Health Care Improvement Act Amend- honoring these commitments. Suffi- need for such a center for not only trib- ments. American Indians and Alaska cient funding has not been provided. al people, but also for those who work Natives—along with all other Ameri- IHS is so underfunded and understaffed and interface with Indian Country to cans—should receive modern, efficient, that patients routinely are being de- try to find solutions, leverage pro- and quality health care. Unfortunately, nied care that most of us would take grams, and build partnerships to ad- too many of those in the Indian health for granted and, in many cases, would dress these key health issues. system do not receive that care today. consider essential. The resulting ra- In addition, on the national level, the This important legislation will change tioning of care means that all too often recently reauthorized Special Diabetes that. Indians are forced to wait until their Program for Indians, SDPI, has had Reforming our Nation’s broken medical conditions become more seri- significant success and is viewed as a health care system is one of my high- ous—and more difficult to treat—be- model for improving preventive care est priorities and I strongly support ef- fore they can even access necessary and disease management for this sig- forts to shore up Indian health care health care. The chronic underfunding nificant chronic illness. Tragically, Na- services, such as those proposed in this has only grown worse in recent years, tive Americans are 2.6 times more like- important legislation. Like all Ameri- as Federal appropriations failed to ly to be diagnosed with diabetes than cans, American Indians and Alaska Na- keep up with the steep rise in public the general U.S. population and diabe- tives cannot prosper without access to and private health care costs and ex- tes mortality is believed to be 4.3 times modern, efficient, and quality health penditures. higher in the Native American popu- care. The results are startling and dis- lation than in the general U.S. popu- The most recent census information turbing. While per capita health care lation. The combination of this special available indicates there are 2.3 million spending for the general U.S. popu- program and the legislation before us American Indian and Alaska Native lation is about $7,000, the Indian Health today could help make significant people in the United States. In my Service spends only about $2,100 per strides against this ongoing public State of Oregon alone there are nine person on individual health care serv- health threat that disproportionately federally recognized tribes, and a large ices. The Government also spends con- hits Native Americans. Importantly, urban Indian population. Less than 40 siderably less on health care for Indi- the SDPI has given Indian health pro- percent of their people reside on res- ans than it spends for Medicare bene- grams and tribal communities invalu- ervations. It is a continuing failure of ficiaries, Medicaid recipients, and vet- able resources and tools to help pre- this Nation that American Indian and erans. vent and treat diabetes. And it has had Alaska Native people rank at or near It is appalling that we can live in one real medically measurable results. In the bottom of so many social and eco- of the most prosperous nations on just 10 years, the mean blood sugar nomic indicators. Earth, where most—but by far not all— level has decreased by 13 percent. Sci- Most striking of these indicators are Americans have access to health care entific research demonstrates that the health statistics involving Amer- services, yet we provide woefully inad- such a decrease results in a 40-percent ican Indian and Alaska Natives. Diabe- equate health care for our Native decrease in diabetes-related complica- tes, tuberculosis, alcoholism, fetal al- American population. tions, such as blindness and amputa- cohol syndrome, and increasingly, These resource shortcomings under- tions. Furthermore, on the prevention AIDS, plague America’s Native com- score the need to make the Indian front, it has also increased school- munities at rates far and above those Health Service a priority in the Fed- based prevention programs for chil- of other Americans. As of 2007, there is eral budget. It is also why I am sup- dren, such as increased physical activ- a $1 billion backlog in unmet needs for porting an amendment offered by my ity programs, better school lunches, health facilities, contributing to the colleague from the State of Oregon, and removal of junk food-filled vending degenerating health of Native commu- Senator GORDON SMITH, along with my machines, and diabetes awareness edu- nities. colleague from Washington State, Sen- cation. There are also more commu- The plight of Native American health ator MARIA CANTWELL. It would provide nity-based wellness centers offering ex- care in this country is the result of one for innovative approaches in funding ercise and nutrition programs for indi- simple and tragic fact: The Federal health care facilities by providing a viduals at risk for diabetes. Government has failed to meet its way to distribute funds more equally promise to Native Americans. with the establishment of an area dis- Yet, this program has been funded Through treaties and statutes, the tribution fund. apart from the traditional sources of Federal Government has promised to Each year, I travel to every county funding for Indian health care, the IHS. provide health care to American Indi- in Oregon to learn firsthand the chal- It is imperative that Congress pass the ans and Alaska Natives. A critical as- lenges confronting my constituents. I Indian Healthcare Improvement Act pect of this promise is sufficient fund- often find that my most enlightening Amendments so that our country can ing for the Indian Health Service, IHS, visits occur when I travel to Indian begin to fill the many gaps in Indian part of the Department of Health and Country, especially when I hear or read health care and have more success sto- Human Services. IHS arranges health compelling stories about Indian health ries like the ones I just described. care services for Native Americans and care afforded to my tribal constituents. I want to just take a few moments to provides some services through direct But I am also pleased that the north- reiterate how important it is for all care at hospitals, health centers, and west region has its share of success sto- Americans that the Federal Govern- health stations, which may be federally ries and examples of medical care for ment move to reform our nation’s or tribally operated. When services are Native Americans that have worked. health care system. It is very clear, in not offered or accessible onsite, IHS of- With the support of the Native Amer- my view, that our Nation faces a fers them, as funds permit, through ican Rehabilitation Association’s Dia- health care crisis. In fact, I think when contract care furnished by outside pro- betes Prevention Program, made pos- we get on the floor debating any health viders. sible by the IHS Special Diabetes Pro- program, the Senate will see and the

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1043 country will see that this debate illus- My fellow Senators, it is my hope abled veterans who sustained severe in- trates how broken our health care sys- that we pass the Indian Healthcare Im- juries since the war on terror began. tem is. provement Act Amendments as soon as Currently, severely injured veterans Native Americans are not the only possible and live up to our legal and can only receive this retroactive pay- Americans who believed they would moral obligations to provide health ment if they sustained their injuries in have health care when they would need care services to our Native American Iraq or Afghanistan. But if they were it, only to find that faced with a seri- population. I have been proud to join injured on the way to or returning ous or life-threatening illness the care efforts to increase funding for the In- from a combat zone, they are not eligi- or coverage available doesn’t match dian Health Service, and I will con- ble. This provision would correct that their need. Despite paying more per tinue to fight for more IHS funding be- mistake. person for health care services than cause it benefits all people, Native and It also increases the amount of insur- any nation on Earth, so many go with- non-Native people, in tribal and sur- ance coverage available to severely dis- out care or coverage. For some Ameri- rounding communities. I am pleased to abled veterans under the Veterans’ cans, this happens when they have lost support these needed improvements Mortgage Life Insurance Program. a job, and hence the coverage that and funding, which will move forward Additionally, it provides adapted went with it, or they had minimal in- the cause of improved Indian health housing and auto grants to veterans surance that doesn’t come close to pro- care. with severe burn injuries who require viding them the financial security modifications to their homes or their LIFE INSURANCE BENEFITS FOR DISABLED needed to cover the costs of the health VETERANS vehicles. And it provides severely in- care services they need. For 47 million Mr. BURR. Mr. President, a few min- jured service men and women with Americans, often through no fault of utes ago the chairman of the Veterans’ housing grant assistance who tempo- their own and despite having tried to Affairs Committee came to the floor rarily live with family members while be able to afford or purchase health and talked about the history of a bill, still on Active Duty. My bill would coverage, they find themselves with no S. 1315, the spirited debate we had in keep these provisions and other good health coverage at all. These fellow committee and the continued negotia- provisions from S. 1315. citizens are at the mercy of hospital So what would my bill do that differs tions that have gone on since that emergency rooms should health care from S. 1315? tragedy strike them or their families. markup. I am here to announce that First, it would eliminate the provi- Plus, in an unconscionably large num- today I introduced an alternative bill sion that creates a special pension for ber of cases, they are unable to pay for to S. 1315. I know I am joined by mil- non-U.S. citizens, Filipino veterans needed care without risking personal lions in America who also salute our who live in the Philippines and do not bankruptcy, if at all. Nation’s veterans. These brave men have wartime injuries. This would free Many people agree with the need for and women and their families have sac- up over $220 million to spend on bene- change, but have a healthy skepticism rificed so much to defend our country fits for veterans of Operation Enduring about whether real, meaningful struc- and to protect our freedoms. Freedom and Operation Iraqi Freedom. tural reform is possible in our life- As the ranking Member of the Senate It is important to note it would still times. I understand these doubts, and I Committee on Veterans’ Affairs, I take provide over $100 million to grant full do not underestimate the challenge. very seriously my responsibilities to equity to Filipino veterans living in Yet, I do believe we have the possi- ensure that our veterans are getting the United States and full disability bility of a real ideological truce now in the respect and benefits they deserve. compensation for those living abroad health care. More and more Senators of This appreciation is the very reason who have service-related injuries. both political parties have come to un- why I wish to talk about the substitute Also, my bill would create savings by derstand that to fix health care we to S. 1315. My bill is a commonsense al- changing how S. 1315 would fund State must cover everybody. If we don’t ternative to an omnibus veterans bill approving agencies, the entities that cover everybody, people who are unin- that was reported out of the Senate accredit schools and training programs sured shift their bills to those who Committee on Veterans’ Affairs last for VA education benefits. My bill have insurance. So colleagues on my June contained over 35 provisions com- would begin to transition these entities side of the aisle who made the point piled from other bills. from entitlement funding to discre- about getting everybody coverage, in Unlike in past Congresses, S. 1315 tionary appropriations. Subjecting my view, have been correct, and clearly does not enjoy the kind of customary these agencies to the annual appropria- the country and citizens of all political bipartisan support that such omnibus tions process would help make sure persuasions have come around to that bills have received in the past. Why is veterans are being well served by any point of view. this? In addition to all the good things funds spent on this bureaucratic func- There is also strong support for it would do for the veterans, this bill tion. something the Republicans feel strong- also is a vehicle for a provision that My bill then takes these savings, the ly about, and that is not having the would take money away from helping savings we have gained from elimi- government run everything in health veterans of the war on terror and in- nating this pension fund for non-U.S. care. There can be a role for a healthy stead send the money overseas. I am citizens and Filipinos not injured in private sector in universal health care, talking about a provision that would the conflict and it would provide fund- one where there is a fairer and more ef- establish a flat rate special pension for ing to increase the specially adapted ficient market. And there ought to be World War II Filipino veterans who did housing grants for severely disabled more choices; in fact, there can be an not suffer any wartime injuries, gen- veterans from $50,000 to $55,000 and for abundance of choices in a system like erally are not U.S. citizens, and who do less severely disabled veterans from Members of Congress enjoy today. not even live in the United States. In a $10,000 to $11,000. It would then annu- I am very pleased that I could join few minutes, I will talk more about the ally adjust the amount of these grants with Senator BENNETT of Utah, a mem- Filipino provision benefits and why it for inflation. ber of the Republican leadership, in of- is wrong and the wrong priority at the My bill would also increase the auto fering a bill based on just those prin- wrong time. grant assistance for traumatically in- ciples. It is S. 334, the Healthy Ameri- First, I wish to share some good pro- jured veterans from $11,000 to $16,000, cans Act, and it is the first bipartisan visions of S. 1315 which I have included and then also index that grant for in- universal coverage bill in more than 13 in the alternative omnibus bill I have flation. years. The last bipartisan, universal introduced today. This benefit provides mobility and coverage health bill was offered by the S. 1315 has some very important pro- freedom to people such as SGT Eric late Senator Chafee more than 13 years visions to help our men and women Edmundson—whom my colleague from ago. Now we do have the opportunity who have fought in the war on terror North Carolina talks about fre- for the Senate to come together on a and should be passed as soon as pos- quently—a young veteran from my bipartisan basis and deal with the pre- sible by this body. State of North Carolina who lost the mier challenge at home, and that is fix- It provides retroactive payments—be- use of his legs after being injured dur- ing American health care. tween $25,000 and $100,000—to all dis- ing combat. As a result, Eric now uses

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1044 CONGRESSIONAL RECORD — SENATE February 14, 2008 a motorized wheelchair. The expense to ping of a hospital in the Philippines for The PRESIDING OFFICER. Without get a van that is wheelchair accessible the care of Filipino veterans and later objection, it is so ordered. is enormous. This provision makes it donated that hospital to the Philippine HONORING OUR ARMED FORCES financially possible for others, such as Government. On top of that, the United SERGEANT EDWARD O. PHILPOT Eric, to afford what most of us take for States continues to provide annual Mr. MCCONNELL. Mr. President, I granted: mobility. grants to support the operation of that rise to speak on behalf of a fallen sol- My bill would also provide annual in- hospital in the Philippines. dier. On October 23, 2007, SGT Edward creases in the funeral assistance and For those Filipinos legally residing O. Philpot of Manchester, KY, was on plot assistance benefits to families of in the United States, the benefits are patrol with U.S. soldiers and members deceased veterans to keep up with in- even more robust. They are eligible for of the Afghan National Army in flation. full-dollar disability compensation, for Kandahar, Afghanistan, conducting It would increase ‘‘kickers’’ for mem- cash burial benefits, access to our VA tactical convoy operations in hostile bers of the Guard and Reserve from health delivery clinics and medical territory. Sergeant Philpot was killed $350 to $425 per month, providing extra centers, and burial in our national in a tragic humvee rollover accident. monthly education benefits that may cemeteries. He was 38 years old. be paid to members with certain crit- With these initiatives and others, our Sergeant Philpot handled a number ical skills. Government has taken a significant of jobs in his unit, from gunner to driv- It also allows Guard and Reserve per- step to recognize the service of Filipino er to humvee commander. He was sonnel activated for a cumulative 2 veterans. More importantly, the money proud to wear the uniform and proud to years after the war on terror began to that S. 1315 would send overseas to cre- serve his country. receive maximum education benefits. ate a new special pension for Filipinos ‘‘Ed had found his calling with the The current requirement is either 3 cu- is money that is needed in the United military,’’ says Renee Crockett, his sis- mulative years or 2 continuous years of States to support our men and women ter. ‘‘He loved being a soldier and felt service. This change will make it easi- who have served our country, espe- he was finally doing exactly what he er for our men and women who have cially in Iraq and Afghanistan. Simply was supposed to do.’’ gone on multiple deployments, includ- put, with our Nation now at war, this For his bravery in uniform, Sergeant ing many of the Guard and Reserve Filipino pension provision is the wrong Philpot received numerous medals and from my home State of North Carolina, priority at the wrong time. awards, including the Bronze Star to earn the highest level of education Since the committee’s markup, we Medal. benefits. have tried to refocus this bill and the Military service ran in Ed’s family, With these changes to S. 1315, we priorities that so many of our col- as his Uncle Willard Philpot of Man- have a well-balanced package of benefit leagues share, such as enhancing bene- chester served in Vietnam and, sadly, enhancements for our Nation’s vet- fits for men and women fighting in the perished in Thailand. Family members erans which could garner the support war on terror. Because those efforts saw a lot of similarities between Ed of the entire Senate. have not worked, I introduced today an and his uncle, who died before Ed was Unfortunately, the same cannot be alternative omnibus bill to 1315. I kept born. ‘‘Both were quiet, warm, and car- said about S. 1315 in its current form. most of the provisions found in 1315 be- ing individuals, and both gave the ulti- The problem with S. 1315 is the provi- cause it is generally a good bill. It mate sacrifice while serving their sion that creates a special pension for would provide enhancements to a wide country,’’ says Renee. Raised by his parents, Ottas and World War II Filipino veterans. This is range of benefits for our Nation’s vet- Willa Philpot, Ed grew up a student of both wrong and it is costly. It is wrong erans. In short, my bill serves as a fair and history. He soon amassed a personal li- because it takes money from American just compromise. It improves benefits brary of books on many historical fig- veterans and sends it to the Philippines for Filipinos, but it also places the ap- ures. He was also a fan of mystery to create a special pension for noncit- propriate priority on our returning OIF books, and enjoyed a sharp political de- izen, nonresident Filipino veterans and OEF veterans. I believe it is a rea- bate. with no service-connected disabilities. sonable alternative to S. 1315, and I be- Ed was born in Farmington, MI, and Allow me to explain this provision in lieve it is one we can all embrace and grew up in that State. As a child, he S. 1315 and what it would actually do. pass quickly. I ask my colleagues for spent all his holidays and most of his It proposes to send $328 million over their support. summers in Kentucky, in Manchester, 10 years in benefits for Filipino vet- I am ready to debate the contents of with his paternal grandparents Walter erans. Although I am supportive of the this bill against S. 1315. I am sure, if and Lillie Philpot, and would travel increased benefits for Filipino veterans the leadership sees fit, they will set the back and forth often between Kentucky residing in the United States and even structure up to do that. But it is im- and Michigan. increasing benefits for Filipinos with portant that every Member of the Sen- When Ed was only 8 or 9 years old, he service-connected injuries residing ate and every American understand we began to learn how to play the saxo- elsewhere, I cannot support sending have done a tremendous job of sup- phone. One day he took out his horn to $221 million to the Philippines to cre- porting people who have fought with us practice and found a perfect audience ate a special pension for noninjured in battle, and the Filipinos are no dif- in Sandy, the family dog, sitting on the Filipino veterans. ferent. The reality is, at this time, we patio. Young Ed began playing with all To some, this may sound like a nice should focus on the needs of those who the charisma and passion he could thing to do, and I fully respect their are U.S. citizens, the needs of those muster, but it wasn’t good enough for desire to recognize the valued service who were injured in battle, but not to Sandy, who ran all the way to the made by Filipino veterans in defense of create a special pension fund for indi- backyard and buried her head beneath the Philippine islands. But I point out viduals who had an affiliation, and I her paws. Thus ended Ed’s musical ca- that our Government has already done might say that exceeds the annual in- reer. a great deal to provide for Filipinos come of most Filipino residents. Ed graduated from Garden City High who fought in World War II. I urge my colleagues to learn about School in Garden City, MI, in 1987 and For instance, after the war, the this issue and to get ready to engage in Coastal Carolina University in Conway, United States gave $620 million to the debate. SC, in 1992. After college, Ed returned Philippines for repair of public prop- I yield the floor, Mr. President, and I to Manchester, where he spent some of erty and war damage claims; provided suggest the absence of a quorum. the happiest times of his youth. partial-dollar VA disability compensa- The PRESIDING OFFICER. The Ed went into law enforcement, be- tion to Filipinos with service-related clerk will call the roll. coming the director of a home incar- disabilities, and provided benefits to The legislative clerk proceeded to ceration program. In 1995, he married the survivors of Filipinos injured in the call the roll. Stephanie, and they raised three beau- war. Mr. MCCONNELL. Mr. President, I tiful daughters, Hollen, Lily, and Ella The United States also provided $22.5 ask unanimous consent that the order Grace. Eventually, Ed and his family million for the construction and equip- for the quorum call be rescinded. settled in South Carolina.

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1045 Ed’s family was the most important killed in Damascus. With his death, someone is dead, but I say, through the thing to him. ‘‘He would take his long-delayed justice has finally been Chair to my friend, the distinguished daughters out to the coffee shop for served. Republican leader, I join in his re- cookies on Saturday mornings,’’ his News reports are still coming in, and marks. This was a vicious man. sister Renee said. Ed loved to take so far no one has claimed responsibility There is nothing we can do to restore walks with them and ride them on his for his death. But we know one thing the lives of those he is responsible for shoulders. He would also take them for for certain: As Sean McCormack, a killing, the number of which we don’t daddy-daughter dates to celebrate their spokesman for the State Department know. accomplishments. put it, ‘‘The world is a better place But what happened yesterday will Sergeant Philpot’s family ‘‘was clear- without this man in it.’’ cause this man not to be involved in ly his life and his motivation,’’ says Let me describe for my colleagues killing other innocent people. So as MAJ Bill Connor, who served with him just a few of this murderer’s many hei- difficult as it is to recognize that some- in Afghanistan. ‘‘He spent his little bit nous crimes. American officials accuse one’s life has been snuffed out, it goes of off-duty time going to the nearest him of plotting the 1983 bombing of a without saying that for mankind this bazaar to buy trinkets for his daugh- U.S. Marine compound in Beirut, kill- was the right thing to do. However it ters and his family.’’ ing 241 troops. happened, it was the right thing to do. Ed enlisted in 2001 and served with He is accused of masterminding a car This was a person who was waiting for the South Carolina Army National bomb which exploded at an American the next opportunity to see what he Guard’s 1st Battalion, 263rd Armor embassy in Beirut, also in 1983, killing could do to act out his devilish ways. Regiment in Afghanistan, where he was 63 people. CLOTURE MOTION promoted to sergeant. He enjoyed the American prosecutors charged him in simple pleasure of giving candy to Af- the hijacking of a TWA jetliner in 1985. Mr. REID. Mr. President, I send a ghan children. He is also accused of shipping arms to cloture motion to the desk on the sub- ‘‘He was one of the most dedicated violent, radical terrorist groups. stitute amendment. men you would ever see,’’ said SGT And then there is one brutal act that The PRESIDING OFFICER. The clo- Kenneth Page, who served alongside struck deep in the heart of my home- ture motion having been presented Sergeant Philpot. ‘‘He always liked to town of Louisville, KY. Imad Mugniyah under rule XXII, the clerk will report hang around at the armory, even when was behind the brutal kidnapping, tor- the motion. it wasn’t drill weekend. He just liked ture and murder of U.S. Marine COL The assistant legislative clerk read to be there.’’ William Richard Higgins. as follows: The Philpot family is in my prayers Colonel Higgins was a Kentuckian, CLOTURE MOTION today as I recount Ed’s story. We are born in Danville. He graduated from We, the undersigned Senators, in accord- thinking of his wife Stephanie; his Southern High School in Louisville, ance with the provisions of rule XXII of the daughters Hollen, Lily, and Ella Grace; participated in ROTC at Miami Univer- Standing Rules of the Senate, hereby move his father Ottas; his mother Willa; his sity in Ohio, and served multiple tours to bring to a close debate on the Dorgan sub- sister Renee Crockett; his nephew in Vietnam. stitute amendment No. 3899 to S. 1200, the In- Trevor Crockett; his niece Taylor Over a 20-year military career, he re- dian Health Care Improvement Act Amend- Crockett; and many other beloved fam- ceived numerous medals and awards, ments. ily members and friends. including the Defense Distinguished Harry Reid, Russell D. Feingold, Kent Ed was predeceased by his grand- Conrad, Richard Durbin, Amy Klo- Service Medal, the Defense Superior buchar, Patty Murray, Maria Cantwell, parents Walter and Lillie Philpot and Service Medal, the Legion of Merit, the Jon Tester, Jeff Bingaman, Carl Levin, Tom and Viola Hollen, all of Man- Bronze Star with combat ‘‘V’’ and the Max Baucus, Byron L. Dorgan, Barbara chester. Purple Heart. Boxer, Dianne Feinstein, Debbie Stabe- His funeral service was held October On February 17, 1988, Colonel Higgins now, Ken Salazar, Daniel K. Akaka. 30 last year in Manchester at the Horse was captured by armed terrorists in CLOTURE MOTION Creek Baptist Church. After the serv- Lebanon while serving on a U.N. peace- Mr. REID. Mr. President, I send a ice, the funeral procession stopped for keeping mission. He was held, interro- second cloture motion to the desk on a moment of silence in front of Hacker gated and tortured. the bill. Elementary School, where the entire A year and a half after his capture, The PRESIDING OFFICER. The clo- student body and staff assembled out- terrorists released a grisly videotape of ture motion having been presented side. Ed’s parents had both attended Colonel Higgins’s lifeless body, hung by under rule XXII, the clerk will report Hacker Elementary as children. the neck, which played on television the motion. Thirty-eight young students each sets around the world. The assistant legislative clerk read held a red, white, or blue balloon, one In Louisville, we built a memorial to as follows: for each year of Ed’s life. At the same Colonel Higgins on the grounds of his moment, they released the balloons up alma mater, Southern High School. CLOTURE MOTION into the air. The rest of the students We were outraged then and we are We, the undersigned Senators, in accord- held up American flags, in honor of the still outraged now to see what hap- ance with the provisions of rule XXII of the soldier who had given his life for that pened to this good and brave man at Standing Rules of the Senate, hereby move same flag. the hands of thugs. to bring to a close debate on S. 1200, the In- dian Health Care Improvement Act Amend- ‘‘Ed was always quick with a smile Now, at long last, we know justice and a positive attitude that was re- ments. has been brought to his murderers. Harry Reid, Russell D. Feingold, Kent membered by all,’’ says his sister In an essay titled ‘‘My Credo,’’ Colo- Conrad, Richard Durbin, Amy Klo- Renee. ‘‘He is definitely a hero.’’ nel Higgins once wrote: ‘‘As an officer buchar, Patty Murray, Maria Cantwell, I want the Philpot family to know of Marines, I believe it is my charge to Jon Tester, Jeff Bingaman, Carl Levin, that this Senate agrees, and today we set the example.’’ Max Baucus, Byron L. Dorgan, Barbara honor SGT Edward O. Philpot’s life of Well, Colonel, the high-school stu- Boxer, Dianne Feinstein, Debbie Stabe- honor and of service. His immense sac- dents in Louisville who pass by your now, Ken Salazar, Daniel K. Akaka. rifice made on behalf of his Nation, memorial every day will always re- Mr. REID. Mr. President, I ask unan- State, and family allows us all to live member the example you set. You imous consent that the vote on the mo- in freedom. served your country with pride, and tion to invoke cloture on the sub- IMPORTANT MILE MARKER IN WAR ON TERROR now may rest in peace. stitute amendment occur at 5:30 p.m., Mr. President, an important mile Mr. President, I yield the floor. Monday, February 25; that if cloture is marker in the war on terror was passed The PRESIDING OFFICER. The ma- invoked on the substitute, all late Tuesday night. A terrorist by the jority leader. postcloture time be yielded back ex- name of Imad Mugniyah, one of the Mr. REID. Mr. President, it is dif- cept for the times specified in this world’s most wanted murderers and a ficult to speak publicly or privately ex- agreement, and that the managers each top commander of Hezbollah, was pressing your views that you are glad have 10 minutes of debate for their use;

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1046 CONGRESSIONAL RECORD — SENATE February 14, 2008 that all debate time be equally divided The assistant legislative clerk pro- up around the Nation. In 1865, both and controlled in the usual form; that ceeded to call the roll. Houses of Congress gathered for a me- Senator DEMINT be recognized for up to Mr. REID. Mr. President, I ask unan- morial address. President Lincoln’s 1 hour to speak with respect to any of imous consent that the order for the birthday became a legal holiday in sev- his pending germane amendments; that quorum call be rescinded. eral States, although it did not become with respect to the Vitter amendment The PRESIDING OFFICER. Without a Federal holiday like President Wash- No. 3896 and a first-degree germane objection, it is so ordered. ington’s. However, in 1968, legislation amendment from the majority on the f was enacted to simplify the Federal subject matter of Vitter, that debate holiday schedule. As a result, Washing- MORNING BUSINESS time on these two amendments be lim- ton’s birthday observance was moved ited to 60 minutes each; that the Smith Mr. REID. Mr. President, I now ask to the third Monday in February, re- amendment No. 3897 be limited to 20 unanimous consent the Senate proceed gardless of whether or not that day was minutes of debate; that no further to a period of morning business with February 22. Officially, this holiday is amendments be in order, and that upon Senators allowed to speak therein for still known as Washington’s Birthday, the use of time with respect to the up to 10 minutes each. but it has become popularly known as DeMint amendments, the Senate then The PRESIDING OFFICER. Without President’s Day to honor both Wash- proceed to vote in relation to the objection, it is so ordered. ington and Lincoln, as well as all who amendments; that the vote sequence The Senator from West Virginia is have served as President. Why were President Washington and occur in the order in which the amend- recognized. President Lincoln so widely and spon- ments are listed in this agreement ex- f taneously revered by the public, even cept the majority amendment with re- CELEBRATING PRESIDENT’S DAY in the immediate aftermath of their spect to the Vitter amendment would deaths, before time had a chance to occur first; that there be 2 minutes of Mr. BYRD. Mr. President, on Mon- day, February 18, the United States burnish their memories and fade their debate prior to each vote; further, that less enobling characteristics? Cer- upon the disposition of all pending will celebrate President’s Day. Presi- dent’s Day takes on a particular sig- tainly, the great events that were amendments, the substitute, as amend- shaped for the better by their decisions ed be agreed to, and the bill be read a nificance this year, as the Nation is ac- tively involved in the selection process were a major factor. Both George third time, and the Senate then pro- Washington and Abraham Lincoln ceed to vote on the motion to invoke for a new President. It is heartening to see the level of interest and participa- made a name for themselves as inspir- cloture on the bill; that if cloture is in- ing leaders of men and the Nation dur- voked, all postcloture time be yielded tion in all of the Presidential campaign events and in the primaries and cau- ing pivotal wars in our Nation’s his- back, and without further intervening tory. Both demonstrated true patriot- action or debate, the Indian Affairs cuses. It is a sign that Americans’ faith in the basic processes of their Govern- ism, a deep love of the Nation that was Committee be discharged from further the prism through which they viewed consideration of H.R. 1328, the House ment is still strong, even as a recent poll indicates that the public holds a all problems and made all decisions. companion, and the Senate then pro- Both men selflessly sacrificed their very low opinion of the current Presi- ceed to its consideration; that all after own personal lives to serve the Nation dent and of Congress. In a 1789 letter to the enacting clause be stricken, and throughout their lives. the text of S. 1200, as amended, be in- Richard Price, Thomas Jefferson wrote In honor of President’s Day, I urge serted in lieu thereof; that the bill be that, ‘‘Whenever the people are well-in- everyone to listen to or read Washing- advanced to third reading, passed, and formed, they can be trusted with their ton’s Farewell Address and apply its the motion to reconsider be laid upon own Government. Whenever things get wisdom to the Nation’s current situa- the table; that upon passage of H.R. so far wrong as to attract their notice, tion and to the decision each of us will 1328, S. 1200 be returned to the cal- they may be relied upon to set them to make in November. A collaborative ef- endar; further, that the mandatory rights.’’ I believe we are witnessing the fort between George Washington and quorum be waived; provided further truth of Thomas Jefferson’s observa- the authors of The Federalist Papers, that if cloture is not invoked, this tion. James Madison, Alexander Hamilton, agreement is null and void. As early as 1796, Americans were ob- and John Jay, Henry Cabot Lodge I would further inform all Members serving the birthday of our first, and wrote of the Farewell Address that that debate time utilized will be uti- still one of our greatest, Presidents, ‘‘. . . no man ever left a nobler polit- lized on Monday. We will have three George Washington. According to var- ical testament.’’ In it, Washington sup- votes on Monday beginning at 5:30, and ious old style calendars, George Wash- ported the Federal Government as ‘‘a we will have the other two votes Tues- ington was born on either February 11 main pillar in the edifice of your real day morning. Senator KYL asked for or February 22, 1732. On whichever date independence . . .’’ warned against a this. I think it is reasonable. people preferred, President Washing- party system that ‘‘. . . serves to . . . The PRESIDING OFFICER. Without ton’s birthday was feted with agitate the Community with ill-found- objection, it is so ordered. ‘‘Birthnight Balls,’’ speeches, and re- ed jealousies and false alarms . . .’’ and Mr. REID. Mr. President, let me say ceptions. Here in the Senate, one of our ‘‘. . . kindles the animosity of one . . . that I send my appreciation to Chair- most enduring traditions is the annual against another.’’ He stressed the im- man DORGAN and Ranking Member reading of Washington’s 1796 Farewell portance of religion and morality, fa- MURKOWSKI. They worked very hard. Of Address by a current Member of the mously warned against the entangle- course, I want to express my apprecia- Senate. This practice began in 1862, and ments of permanent foreign alliances, tion to Senator KYL who has been in- became an annual event in 1893. Begin- cautioned against an over-powerful volved in our getting to this point. He ning in 1900, the Senator who read the military establishment as ‘‘ . . . inaus- has been a big help to our getting here. address then signed his or her name picious to liberty . . .’’ and urged the It has been a difficult road. and perhaps wrote a brief remark in a Nation to ‘‘. . . cherish public credit It is a bill that is long overdue but book maintained by the Secretary of . . .’’ by using it as little as possible. certainly is necessary to do. I appre- the Senate. For the historically curi- Only then could the Nation avoid the ciate everyone’s cooperation. I am ous, both Washington’s Farewell Ad- accumulation of debt, because ‘‘. . . to- going to confer briefly, in a matter of dress and a selection of the remarks wards the payments of debts there minutes, with the distinguished Repub- from the book can be found on the Sen- must be Revenue, that to have Revenue lican leader to determine if there is ate’s Web site (www.senate.gov/ there must be taxes; that no taxes can any reason for us to be in session to- artandhistory/history/common/generic/ be devised, which are not . . . incon- morrow. That announcement will be FarewellAddressBook.htm). venient and unpleasant.’’ We cannot made very quickly. After the 1865 assassination of Presi- have our cake and eat it, too—tax cuts I suggest the absence of a quorum. dent Lincoln, another revered Presi- and deficit spending cannot occur si- The PRESIDING OFFICER. The dent who was also born in February, multaneously if the economy is to re- clerk will call the roll. similar memorial observations sprang main sound over the long run.

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1047 Washington’s experience and wisdom were brutally executed by the terrorist allow people there to develop some sort may serve us well as the true litmus group the Revolutionary Armed Forces of standard of living, some sort of qual- test to apply to our prospective 44th of Colombia, commonly known as ity of life and to be able to live, is to President. Mr. President, I close with a FARC. The remaining three—Keith get the conflict out. One of the key poem by the author of The Life of Stansell, Thomas Howes, and things we need to go at in reducing the Abraham Lincoln, Josiah Gilbert Hol- Goncalves—were taken hostage by the conflict is getting the money out of the land (1819–1881) called ‘‘God, Give Us FARC and have since languished in the conflict. We have had some success Men!’’ Penned before women had won Colombian jungle prison, where they about this in the past. the right to vote, it nonetheless reso- are held despite repeated appeals for A decade ago, people were talking nates today and applies to anyone, man their freedom. about blood diamonds in Western Afri- or woman, who would lead our Nation. Fortunately, we think, through re- ca and getting those out of the traf- cent news crews, that those Americans GOD, GIVE US MEN! ficked portion, out of the commodity are still alive. They are being held business, and getting them into legiti- God, give us men! A time like this demands somewhere in an undisclosed location Strong minds, great hearts, true faith and mate means of commerce. Out of that, ready hands; in the jungle along with untold num- we reduced the money into the con- Men whom the lust of office does not kill; bers of other hostages. These men were flict, and, as a result, had a substantial Men whom the spoils of office can not buy; involved in our decades-long struggle impact on the conflict and reducing the Men who possess opinions and a will; against drugs that are polluting our conflict in Western Africa. Men who have honor; men who will not lie; children’s minds and the lawlessness in I wish to show a picture to my col- Men who can stand before a demagogue Colombia. Their sacrifice and those of leagues, many of whom I think prob- And damn his treacherous flatteries without their families—and most of those fami- ably are not aware of what it is. This is winking! lies live in Florida—is all too real. We coltan. It is a booming commodity that Tall men, sun-crowned, who live above the can’t forget them. That is why I am is in this item. I realize, and I hope my fog making these remarks after this 5- colleagues, particularly the Senator In public duty, and in private thinking; long-years’ anniversary that occurred from West Virginia, will allow me to For while the rabble, with their thumb-worn yesterday. show this, what should not be on the creeds, Last year, I introduced a resolution Their large professions and their little deeds, Senate floor, but to show this for pur- condemning the FARC for its use of poses of demonstration of what this is Mingle in selfish strife, lo! Freedom weeps, hostage taking and drug cultivation to Wrong rules the land and waiting Justice doing and why it is important. sleeps. visit terror upon peaceful people. Our This is a BlackBerry. Cell phones colleagues passed that resolution, The PRESIDING OFFICER (Mr. used to get hot when people would use which also called for the immediate re- SANDERS). The Senator from Florida. them for a period of time. They tried to lease of all those FARC hostages, in- Mr. NELSON of Florida. Mr. Presi- figure out what can we do to try to cluding the Americans I have men- dent, I never cease to be amazed at our cool them down. They found a sub- tioned. stance called coltan that they were senior colleague, Senator BYRD of West I am here today, after 5 long years of Virginia, for the great oratorical skills able to transition into tantalum. It these Americans’ captivity, to again now carries the current in this elec- he has, the vast memory store he car- remind our colleagues of the plight of tronic equipment. It doesn’t get hot. ries, of which we have just had an ex- these men and their families and to ask Eighty percent of Africa’s coltan comes ample that from memory he can recite for their support in doing everything out of Congo. Eighty percent of the poems and he can recite historical possible, as we continue to try to se- world’s coltan comes out of Africa, and dates. He is such an inspiration to the cure their freedom. rest of the Senators, and he is, indeed, I yield the floor. most of this comes out of a conflict re- the pillar upon which this Senate rests. The PRESIDING OFFICER. The Sen- gion in Eastern Congo. Once again, we have been treated to ator from Kansas. I believe most of this is funding a the oratory of the great Senator from Mr. BROWNBACK. Mr. President, I good portion of the conflict in Eastern the State of West Virginia. appreciate my colleague from Florida Congo, where 1,500 people a day are Mr. BYRD. Mr. President, will the raising the issue of people whom we dying because they cannot get access Senator yield? hope to get out alive and also appre- to medical care, they cannot get access Mr. NELSON of Florida. I am happy ciate the poetry of my colleague from to water, they cannot get access to to yield to the distinguished Senator. West Virginia. I, too, am amazed and food—because of the conflict. And the Mr. BYRD. Mr. President, I deeply quite a bit envious that he has so many conflict is funded by this stuff: It is thank the able and distinguished Sen- poems memorized and he can deliver funded by coltan. ator from the State of Florida in which them so well. It is a lost art, more of There is a long history of what has I once lived. I thank him. I cherish his his generation than mine, but maybe it been taking place in Congo. Many peo- friendship. May he ever be one for will come back in the next. ple remember reading such books as whom the motto ‘‘E pluribus unum’’ ‘‘The Heart of Darkness’’ and ‘‘King f will dwell in his heart. Leopold’s Ghost’’ and about the raiding Mr. NELSON of Florida. Mr. Presi- CRISIS IN CONGO that has taken place in Congo for a dent, that is about the best admonition Mr. BROWNBACK. Mr. President, I century. Unfortunately, we are in the this Senator could have. E pluribus rise to raise the awareness of my col- latest chapter of that conflict. unum—out of many, one. I am grateful leagues to an issue. I will be putting in In Joseph Conrad’s ‘‘Heart of Dark- to the Senator from West Virginia for a bill on it and hope to attract their at- ness,’’ Conrad describes King Leopold’s reminding not only me but the whole tention. colonial project of the Democratic Re- Senate of that duty, that responsi- I have worked on Africa for some pe- public of Congo, then known as Congo bility, that obligation we all have. riod of time. A humanitarian crisis of Free State, as ‘‘the vilest scramble for f incredible proportions is taking place loot that ever disfigured the history of in many places in Africa. We need to do human conscience.’’ Solely for the pur- FARC HOSTAGE TAKING more, and a lot more people are doing pose of extracting a very precious man- Mr. NELSON of Florida. Mr. Presi- more. ufacturing resource of the day—and dent, it has been 5 years since four I think we are at a moment where Af- that resource was rubber—King Americans disappeared in the jungles rica is becoming a focus in both Europe Leopold seized Congo and exploited the of Colombia while helping that coun- and the United States, left and right; local population by turning it into a try’s Government fight its war against for economic reasons, the Chinese are slave colony. During his 24-year tyr- narcoterrorism. Five years ago yester- going in very aggressively; for militant anny of Congo Free State, 13 million day, a single-engine plane carrying Islamic reasons, people are coming in Congolese died. Leopold’s legacy lives these Americans lost engine power and trying to penetrate into the continent. on in the coltan mining processes of crashed into the jungle. One of those One of the first things we need to do today. Americans and a Colombian colleague to be able to grow the continent and That is chapter one.

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1048 CONGRESSIONAL RECORD — SENATE February 14, 2008 Chapter 2: In November of 1965, Lieu- Congo is ‘‘artisan.’’ According to the These same companies stated that tenant-General Mobutu seized power of U.N. report, most coltan mining is without certification they would not Congo, then known as Zaire, in a blood- done by poor people, and many of them buy from the region of Central Africa. less coup. During his 32-year dictator- are children. They were requesting that their tan- ship, he consistently exploited the nat- These novice miners, who are often talum be ‘‘conflict free’’ and from legit ural resources of then Zaire. He evaded held against their will, sift for coltan sources, and I applaud their efforts. international humanitarian human in riverbeds or dig it out of abandoned Today, we know that most of the rights standards, and by the mid-1980s, mines. world’s tantalum is supplied by Aus- Mobutu’s personal fortune was esti- A report issued by the Johns Hopkins tralia. That is the processed coltan. mated at 5 billion U.S. dollars. School of Advanced International But now where does Australia get the The end of the Cold War brought in- Studies, a review in 2002, found that coltan and these companies get the ternal and external pressure upon the ‘‘supply chain’’ of coltan is exten- coltan? Mobutu for a democratic transition. In sive and distorted. The SAIS review re- Recent reports state that the channel 1997, with the support of Burundi, port states that Rwanda and Uganda in which coltan was once being smug- Uganda, and the Rwandan Tutsi Gov- were directly or indirectly appointing gled out of Congo is still alive and ac- ernment, Laurent Kabila and his forces local rebel faction leaders and field tive. And in this chain of supply and pushed Mobutu out of Government in a commanders to serve as conduits for il- demand, one simple bad actor involves full-scale rebellion. licit trade originating from the occu- us all. A repetitive pattern of alliances pied territories of eastern Congo. The Recent reports state that Rwanda made and broken began, and by 1998 war appears now to be self-financing. and others are using the war in Congo Kabila’s former allies in Uganda and Rebel movements were motivated by to continue the exploitation of coltan. Rwanda had turned against him. In economic incentives rather than the Once it is extracted, we are told, it is 2001, Kabila was assassinated. pursuit of political ideals. then sent down to Australia, where it While he succeeded his father and Middlemen were then hired to form is mixed with Australian coltan—where took charge of the country in 2001, it relationships with clients. They then 20 percent of the world’s coltan comes was not until November 2006 Joseph facilitated transactions between those from—before being processed into tan- Kabila was democratically elected as who controlled the resources and for- talum. Processed tantalum is then the Congolese President. However, his eign corporations without the question traded among countries and private control of Congo is limited. Today in of legitimacy. companies on the international mar- the mineral-rich eastern region of At the time of the U.N. report of 2002, ket. Congo, violent thugs from at least four 34 foreign companies were identified in But as some private companies and factions wage near constant war for importing minerals from the Congo via some foreign countries are not required control. Rwanda. to produce public records of their tan- Chapter 3: Sadly, 100 years later, The war in Congo officially ended in talum trade, tracking exact amounts is Conrad’s statement about the Congo 2003 with a signed peace agreement be- extremely difficult to obtain. was not only astute but prophetic. The Australia, specifically, has a con- tween the Congolese Government and corruption and exploitation of natural fidentiality clause for private compa- the rebels. resources in the Congo has never Yet, at the same time, rebel factions nies that purchase their tantalum. So stopped but has moved from hand to we do not know. From 2002 to 2005, Aus- still controlled the east, and there was hand and moved from one resource to tralia accounted for 54 percent of the no centrally elected government in another; from rubber to diamonds, world’s tantalum. Unfortunately, it is Congo. Rwandan and Ugandan soldiers from diamonds to gold, from gold to impossible to say with any certainty were still attacking territories in the coltan. that the tantalum supply coming out provinces of Ituri and the Kivu across The issue of conflict coltan—so we of Australia is conflict free. are calling it ‘‘conflict coltan’’ and the boarder in eastern Congo. While we know this exploitation con- ‘‘conflict commodities’’—is not new. With the election of President Kabila tinues today, as it did 10 years ago, and The coltan rush hit in the late 1990s, as in 2006, it was reported that neigh- we see the immense difficulty in track- the consumer electronic industry fig- boring governments withdrew their ing it, we will not turn a blind eye to ured out we have a problem, we have to troops from Congo. this. solve this, and coltan arrived to the But now chapter 4. The story con- I met with people from the consumer rescue. By December of 2000, a pound of tinues. The U.N. and SAIS reports I electronics industry today to tell them coltan was worth as much as $400. have cited were published in 2001 and we are going to focus on this because if In 2001, a panel of experts for the 2002 respectively. However, these pic- this can defund the conflict so people United Nations went to eastern Congo tures I am showing you were taken can live free and be able to survive— and wrote a report on their findings within the last 12 months. get some clean water, get some health concerning the illegal exploitation of The current fighting in eastern care, get some food—then we need to natural resources and other forms of Congo—there was a peace agreement go at this. We should not fund this con- wealth. The U.N. report documents the recently signed, and then it was broken flict. We should not be buying the prod- rebel groups’ use of forced labor, illegal 2 days ago—involves renegade GEN uct if it is coming from conflict areas. monopolies, and civilian murder in Laurent Nkunda and his group, the Na- We should be able to certify that is the their high-stakes game to extract these tional Congress for the Defense of the case. valuable resources. People, the Mai-Mai rebels, the Hutu I commend to my colleagues a recent I wish to show you a picture. extremists, and those loyal to the Con- report from the International Rescue This picture was taken in 2007 of golese Government. Committee entitled, ‘‘Mortality in the some of the mining techniques of this Now, if all these names can seem a Democratic Republic of Congo, An On- coltan in the coltan rush. You can see bit blurring to people, at the bottom going Crisis.’’ This was released on a child here, in a very shallow mine, line, I hope you can remember two fac- January 22 of this year, citing that using a hammer and a pick to dig out tors here: 1,500 people a day dying be- 1,500 people a day are dying. In this re- coltan. cause of this; $400 a pound for coltan, port, we learn that since 1998, 5.4 mil- What is taking place is, many of financing this death and destruction lion people have died in Congo—5.4 mil- these rebel groups will overrun a vil- daily. lion. These deaths can be directly or lage, scatter the men, go directly to After the release of the U.N. report, indirectly attributed to the ongoing the coltan area, taking the women and we saw companies within the high-tech conflicts in the region, which can be children, and then start the extraction industry respond to the report by ask- attributed to the exploitation of nat- of coltan, to mine it and put it on the ing suppliers to certify that the tan- ural resources, primarily coltan min- backs of people to carry it out at $400 talum—that is what coltan is processed ing. a pound. into—tantalum they were purchasing Death comes at the butt of a gun and The U.S. Geological Survey has iden- did not originate from the eastern re- with the bite of a mosquito. There cas- tified that most of the coltan mining in gion of DRC. ualties stem from the violence of this

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1049 brutal ongoing war, which has marred funded by coltan that we purchase to talum, and we admit to this. Both the the country for the past 10 years, and put in our Blackberries. ‘‘Minerals Yearbook,’’ published by the from the resulting displacement of the The U.N. reported that the Congolese U.S. Geological Survey, and the De- Congolese. When you flee for your life national army, national police force, partment of Strategic and Critical Ma- in these areas of Congo, there often is and increasing numbers of civilians terial Report to the Congress, coltan, no other town or village in which to were also brutalizing women, often also known as tantalum, is classed as a take shelter. during violent clashes with political ri- ‘‘critical’’ mineral. When you ask a Congolese about be- vals. Perpetrators are now making no We have come to a point where we coming displaced, their response to you distinctions between women and chil- cannot live without this mineral. How- is: Which time? They flee into the bush dren. The local hospital in Goma, ever, neither can we ignore nor will we for months at a time with only the Congo, where Senator DURBIN and I sit idly by while others suffer. We need clothes on their back and a child in both visited, a hospital named Heal Af- to be responsible as a nation and as their arms. rica, tells a story of a 13-year-old girl consumers. We must hold our suppliers Senator DURBIN and I went to Congo who had been raped so viciously by her accountable. together 2 years ago. We saw some of perpetrators that she couldn’t walk for In the coming days I will be intro- the impact. 2 weeks. She then walked approxi- ducing legislation requiring certifi- Chapter 5. I want to show you a spe- mately 7 miles to a facility for treat- cation of the origin of coltan for all cific story here, a heartbreaking story ment. Her doctors reported her inter- U.S.-based companies that use tan- of one young boy and his family. nal injuries were beyond their imagina- talum in manufacturing. It will further This is a picture of a 3-year-old boy. tion. require manufacturers who use tan- He is one of the millions of victims of A collapse in infrastructure such as talum to have a certificate of origin. displacement and malnourishment. His the one we see in the Congo does not All we want to do with this is make family fled into the jungle from a rebel happen overnight. This is due to an on- sure that the coltan, the tantalum we group that had burnt their village to going 10-year conflict which has ex- are using, comes from legitimate the ground in the North Kivu Province ploited that country, its people, its sources. That is all we are asking. As a in the eastern part of Congo. They children. Coltan and other natural re- supply chain, the Congolese govern- lived in the jungle and had been con- sources are at the root of that exploi- ment can set this up, saying that we stantly on the move. Food became tation. register and license and saying this is scarce, and meals became as sporadic I want to show another display here. the coltan that is coming out of here, as two to three a week. In spite of their sad history, the Congo coming from legitimate sources. I am When his mother brought him and is a beautiful country with resilient fine with that. But we want that and his younger brother to the local health people. It is a country with so much we want to know where it is coming clinic, they were immediately referred potential for growth and development. from and that is that it is not conflict to an international humanitarian orga- Unfortunately, the Congo’s story is one coltan that is used to pay for the suf- nization in the area. There, this young of devastation, forced labor, child sol- fering of so many people. boy was diagnosed with malaria. They diers, rape, curable illnesses left un- We all must be good actors in this immediately began his treatments, treated, and deaths of 1,500 a day, as I chain. With 1,500 people dying a day, which his small, frail body rejected. have stated, and all because, all be- there is no room for turning a blind eye His doctors then discovered he had cause of—and funded by this—a Black- on this matter. been eating that which his mother berry that we buy. American greatness has always been could gather in the jungle and only My colleagues can see here in the pic- founded on our fundamental goodness. once every 3 to 4 days. Due to lack of tures taken of a very rudimentary We need to be a nation where the nutrition, he was anemic. As they mine, but a mining operation of coltan strong protect the weak and people of started his anemia treatment, his body in the Congo; rebel child soldiers—very privilege assist those in poverty. It began to shut down; he rejected the common in this part of the world—well says a lot about the kind of America oral and IV treatments. armed, deadly; a coltan battery, and we all should work for when we speak This 3-year-old passed away within 8 cell phones. out against this type of tragedy and hours of first being diagnosed—minutes Peace agreements call for implemen- commit ourselves to those who are suf- after this photo was taken. He is one of tation of a commission to oversee the fering there. the millions of victims from this rag- conflict in this region. The Goma peace I will be sending around a ‘‘Dear Col- ing, complex conflict. As the IRC re- agreement was signed on January 22, league’’ letter about this. I will be ports, the war is having direct and in- 2008. I mentioned that previously, and happy to supply more information. direct impact on these deaths. While a that has recently been broken. The im- There are a number of reports from the small portion is dying directly from mediate cease-fire of the peace agree- United Nations and from Johns Hop- the conflict—bullets, bombs, and rifle ment was broken the first time within kins that I have been citing, and oth- butts—the majority are dying from 5 days after it took place. While we ers. We have some photographs of what malaria, malnourishment, diarrhea, must play our part, they must play is taking place presently, and I ask and poor neonatal care. their part as well, and I strongly urge simply that if people are going to cause While children under the age of 5 all parties in that region to respect this suffering which we completely dis- make up 19 percent of the population in their commitments within this agree- agree with, they are not going to do it the Congo, they comprise over 47 per- ment. by us paying for it. cent of the deaths in the recent mor- The peace agreement calls for imple- Mr. President, I thank the Chair. tality study. Nineteen percent of the mentation of a commission to oversee f population under the age of 5, 47 per- disarmament of the Nkunda rebels and cent of the deaths in Congo. the extremist fighters. These fighters COMMENDING SENATOR DANIEL K. The national rate of mortality is 60 will either integrate into the Congolese INOUYE percent higher in the Congo than the national army or demobilize. Mr. BYRD. Mr. President, with great average mortality rate in sub-Saharan I strongly urge the implementation pleasure I extend my most heartfelt Africa. Sexual violence and rape is also of these terms. This is another step in congratulations to our esteemed col- on the rise in the Congo and has be- the right direction for the Congo and league, the senior Senator from Ha- come a symptomatic tool of war there. its people. However, I feel that as long waii, DANIEL K. INOUYE, for casting his The U.N. reported 4,500 sexual vio- as there is demand for valuable Congo- 15,000 vote in the Senate. lence cases had been reported in South lese resources and thugs with the Many times on this floor I have re- Kivu the first half of 2007. Most of power to control these resources, this ferred to Senator INOUYE as my ‘‘No. 1 these cases reported have been com- will not be the final chapter of this hero,’’ and he is. Few have ever served mitted by some of the 6,000 to 7,000 conflict. It has happened for too long. our country more bravely and with members of foreign armed groups oper- The United States is completely de- more loyalty and determination than ating in the eastern part of the Congo, pendent on foreign supplies of tan- has Senator INOUYE.

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1050 CONGRESSIONAL RECORD — SENATE February 14, 2008 DANIEL INOUYE was a member of the Men who serve not for selfish booty; leen and his three sons and all of his famed 442nd Infantry Regimental Com- But real men, courageous, who flinch not at family and friends. I am so pleased and bat Team of World War II, the most duty. proud to consider myself as one of the decorated Army unit in U.S. history. Men of dependable character; latter. Men of sterling worth; During one bloody battle, Platoon Then wrongs will be redressed, and right will f Leader INOUYE led an assault on a rule the earth. OFFICE OF GOVERNMENT heavily defended Nazi position. Al- God Give us Men! INFORMATION SERVICES though gravely wounded, he still man- f aged to destroy three Nazi machine Mr. LEAHY. Mr. President, with the gun nests. Anyone who is not familiar REMEMBERING RICHARD DARMAN enactment of bipartisan Freedom of In- with the details of this amazing display Mr. BYRD. Mr. President, I was sad formation Act, FOIA, reform legisla- of heroism should make it a point to to learn that Richard Darman passed tion late last year, Congress demanded become so. away last week. Mr. Darman was a and won more openness and account- For his incredible heroism, DAN good man, an outstanding public serv- ability in monitoring the activities of INOUYE was awarded the Distinguished ant, and a great American. I liked him our Government. But, regrettably, just Service Cross, the Bronze Star, the very much. Dick Darman was a grad- weeks after this historic open govern- Purple Heart, and the Congressional uate of Harvard and Harvard Business ment legislation was signed into law, Medal of Honor, making him one of School whose career in Washington there are troubling signs from the Bush only seven Senators to have achieved spanned two and a half decades. He administration regarding how this law our Nation’s highest military honor. served in five Presidential administra- will be enforced. Senator INOUYE is the Senate’s only tions and worked in six Cabinet depart- Last week, the President buried a Congressional Medal of Honor recipient ments and the White House. provision in the administration’s fiscal from World War II. Mr. Darman was a player in many of year 2009 budget proposal that would In 1963, he became the first Japanese the important events of the last quar- move the functions of the new Office of American to serve in the U.S. Senate, ter of the 20th Century. While serving Government Information Services, where he continues to represent his in the Justice Department, he helped OGIS, which was created under the State and our country with great dis- arrange the plea bargain that eased OPEN Government Act, from the inde- tinction and dedication. This man of Vice President Spiro T. Agnew out of pendent National Archives and Records incredible integrity has worked tire- office. Along with his boss, Attorney Administration to the Department of lessly in the Senate on behalf of his General Elliot Richardson, he was a Justice. The President’s proposal is not constituents and our country. Senator victim of the infamous Saturday Night only contrary to the express intent of the Congress, but contrary to the very INOUYE served on the Select Committee Massacre of the Watergate era. He on Presidential Campaign Activities— served in the Reagan administration, purpose of this legislation—to ensure Watergate Committee—the Select eventually rising to the position of As- the timely and fair resolution of Amer- Committee on Secret Military Assist- sistant Secretary of the Treasury, ican’s FOIA requests. The Office of Government Informa- ance to Iran, and the Nicaraguan Oppo- where he helped formulate the eco- nomic policies of the Reagan revolu- tion Services was established to, sition, Iran-Contra. He is the next in tion and helped negotiate the 1986 Tax among other things, mediate FOIA dis- line on the Democratic side to chair Reform Act. And he served as Director putes between Federal agencies and the Senate Appropriations Committee of the Office of Management and Budg- FOIA requestors, review and evaluate and is currently the chairman of the et in the administration of the first agency FOIA compliance and house the Appropriations Subcommittee on De- President Bush. newly established FOIA ombudsman. fense. He also served as Secretary of It was during the 1990 budget summit When Senator CORNYN and I drafted the the Democratic Conference from 1977 to that I really came to know and respect OPEN Government Act, we inten- 1989. I have always respected DANNY’s Mr. Darman. I quickly learned that tionally placed this critical office in deep loyalty to the Senate. I will al- Budget Director Darman was a prag- the National Archives, so that OGIS ways appreciate his loyalty to me when matist and a realist, who was opposed would be free from the influence of the I was the Senate Democratic leader to budget gimmicks and simple and Federal agency that litigates FOIA dis- and I relied on his sage advice. easy solutions to our Nation’s fiscal putes—the Department of Justice. We Senator INOUYE is now the fourth woes. Concerned about a decade of dev- also placed OGIS in the apolitical Na- longest serving U.S. Senator in his- astating budget deficits he called for tional Archives to enhance this office’s tory. serious, realistic steps to get our Na- independence, so that all Americans With today’s vote, he is now the tion’s budget under control. And he can be confident that their FOIA re- fourth U.S. Senator in history to have was not opposed to working with quests would be addressed openly and cast 15,000 votes. Democrats in seeking those solutions. fairly. Mr. President, I again congratulate As a result, we were able to craft the Given the clear intent of Congress to my good friend, my outstanding col- landmark 1990 deficit-reduction plan—a establish OGIS as an independent office league, and my ‘‘No. 1 hero’’ for an- deal between a Republican-controlled in the National Archives, the Presi- other important milestone in his out- White House and a Democratic Con- dent’s budget proposal should not—and standing life: gress that marked a high point of bi- cannot—go unchallenged. What’s more, God, give us men! partisan cooperation. This budget given the Justice Department’s own A time like this demands strong minds, agreement helped reverse a decade of abysmal record on FOIA compliance—a Great hearts, true faith, and ready hands. recent Bureau of National Affairs Daily Men whom the lust of office does not kill; budget deficits and gave the economy a Men whom the spoils of office cannot buy; boost that lasted for more than a dec- Report for Executives article found Men who possess opinions and a will; ade. Along with President Clinton’s that the Justice Department’s Office of Men who have honor; men who will not lie. 1993 budget agreement, it helped lay Information Policy is burdened by in- Men who can stand before the demagogue the groundwork for the fiscal balance creasing FOIA backlogs—it is simply And brave his treacherous flatteries without and economic growth of the 1990s. unfathomable that this agency would winking. This incredibly successful budget be entrusted with overseeing the proc- Tall men, sun-crowned; agreement, unfortunately, destroyed essing of American’s FOIA requests. Who live above the fog, Mr. Darman’s career in government. When the Congress unanimously In public duty and in private thinking. This man of deep integrity and incred- passed the OPEN Government Act just For while the rabble with its thumbworn ible intelligence was eventually forced a couple months ago, Democrats and creeds, out of Government because too many Republicans alike joined together in Its large professions and its little deeds, Mingles in selfish strife, people in his own political party had promising the American people a more Lo! Freedom weeps! ideological differences with the con- open and transparent government. I in- Wrong rules the land and waiting justice tents of the 1990 budget agreement. tend to work to ensure that that this sleeps. Mr. President, I extend my most was not an empty promise, but one God give us men! heartfelt condolences to his wife Kath- that will be honored and fulfilled.

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1051 I call on all Members of Congress, on creation of an ombudsman office apart from fatal. The blood and blood-related dis- both sides of the aisle and in both the Department of Justice for mediation of eases studied and treated by hema- Chambers, to join with me to ensure contested requests, thus reducing the tologists include disorders such as leu- that the Office of Government Informa- amount, and concomitant costs, of litiga- tion—burdens whose reduction would be ben- kemia and lymphoma, thrombosis, ane- tion Services is promptly established eficial to all. The new office, established mia and bleeding, and congenital dis- and fully funded within the National with strong bipartisan support in both orders such as sickle cell anemia, he- Archives. The American people have Houses of Congress, also has the critical mophilia, and thalassemia. The ad- waited for more than a decade for this mandate to evaluate agency implementation vancements in remedies of these dis- office and for the other historic FOIA of FOIA with a disinterested eye. orders are a direct result of the con- reforms contained in the OPEN Gov- We strongly oppose this effort to use the tinuing efforts made by the AHS. ernment Act. They should not be budget process to rewrite the law, under- mining congressional intent and flouting a I sustained an episode with Hodgkin’s forced to wait any longer. specific statutory mandate. We urge you to lymphoma cancer 2 years ago. That Mr. President, I ask unanimous con- appropriate necessary funds to establish the trauma, that illness, I think, could sent that a copy of a letter from a coa- Office of Government Information Services have been prevented had that war on lition of more than 40 different open in the National Archives and Records Ad- cancer declared by the President Nixon government organizations that strong- ministration, as your legislation wisely re- in 1970 been prosecuted with sufficient ly oppose moving the Office of Govern- quires, and, to reinforce the intent of the intensity. All of us know people who ment Information Services to the De- OPEN Government Act, reject Section 519 of have been stricken by fatal diseases partment of Justice be printed in the the proposed budget. Sincerely, and many other maladies. It is my RECORD. Access Reports, Inc.; American Associa- hope that other organizations will use Congress must work to beat back the tion of Law Libraries; American Asso- the success of the AHS as an example administration’s ill-advised attempts ciation of Publishers; American Civil in contributing to this Nation’s desire to undermine the intent of Congress in Liberties Union; American Library As- for finding cures for the most fatal dis- a bill that this President signed into sociation; American Booksellers Foun- eases. law. In the coming weeks and months, dation for Free Expression; Association As chairman, and now ranking mem- I will be working with other advocates of Research Libraries; Bill of Rights ber of the appropriations Sub- of FOIA in the Senate to do just that. Defense Committee; Californians Aware; Citizens for Responsibility and committee on Labor, Health and There being no objection, the mate- Human Services, I have been an ardent rial was ordered to be printed in the Ethics in Washington; Citizens for Sun- shine; Coalition on Political Assassina- supporter of securing Federal funds for RECORD, as follows: tions; DownsizeDC.org, Inc.; Electronic the National Institutes of Health the FEBRUARY 6, 2008. Frontier Foundation; Essential Infor- crown jewel of the Federal Govern- Hon. ROBERT C. BYRD, Chairman mation; Feminists for Free Expression; ment, maybe the only jewel of the Fed- Hon. THAD COCHRAN, Ranking Member, Government Accountability Project; Committee on Appropriations, U.S. Senate, eral Government. Health is the coun- Indiana Coalition for Open Govern- try’s No. 1 capital asset, and the Amer- Washington, DC. ment; The James Madison Project; Jus- DEAR CHAIRMAN BYRD AND RANKING MEM- tice Through Music; League of Women ican Society of Hematology has con- BER COCHRAN: We are writing to express our Voters of the U.S.; tributed to its success. concern that the Bush Administration’s pro- Liberty Coalition; Maine Association of Hematologists have been instru- posed FY 2009 budget attempts to repeal a Broadcasters; Minnesota Coalition on mental in pioneering the use of section of law and shift funding for a new Of- Government Information; National Co- hydroxyurea in the treatment of sickle fice of Government Information Services alition Against Censorship; National cell disease and have developed the (OGIS) at the National Archives and Records Freedom of Information Coalition; The Administration (NARA) to the Department first successful cure of childhood leu- National Security Archives; 9/11 Re- kemia. Moreover, hematologists were of Justice (DOJ). President Bush signed the search Group; OMB Watch; Open Soci- Openness Promotes Effectiveness in our Na- ety Policy Center; responsible for the research that led to, tional Government Act (OPEN Government OpenTheGovernment.org; PEN Amer- Gleevac, the first anticancer drug de- Act), which creates OGIS at NARA, a mere ican Center; Project On Government veloped to target a molecular problem five weeks ago. We urge you to ensure the Oversight; Public Citizen; that causes chronic myelogenous leu- President’s budget reflects congressional in- Readthebill.org Foundation; The Ruth- kemia. tent and the explicit mandate of the statute erford Institute; Society of Profes- The American Society of Hematology as the budgetary process unfolds. sional Journalists; Society of Profes- Currently, the president’s budget proposes: has played an important role in the un- sional Journalists Montana Profes- precedented growth and advancement ‘‘The Department of Justice shall carry out sional Chapter; Special Libraries Asso- the responsibilities of the office established ciation; Sunlight Foundation; United of hematology research. With so many in 5 U.S.C. 552(h), from amounts made avail- States Bill of Rights Foundation; Vel- great successes over the past 50 years, able in the Department of Justice appropria- vet Revolution; Washington Coalition I am confident the next 50 years will tion for General Administration Salaries and for Open Government. bring ASH and its over 15,000 members Expenses. In addition, subsection (h) of sec- even more accomplishments in treat- tion 552 of title 5, United States Code, is f ing and eliminating blood diseases. hereby repealed, and subsections (i) through AMERICAN SOCIETY OF (I) are redesignated (h) through (k). (Com- HEMATOLOGY f merce, Justice, and Related Agencies Appro- ADDITIONAL STATEMENTS priations Act, 2008.)’’ (Section 519 of Title V Mr. SPECTER. Mr. President, I con- of the Department of Commerce; p. 239 of the gratulate the American Society of He- matology—ASH—on its 50th anniver- Appendix) COMMENDING ESTHER G. KEE The OPEN Government Act (P.L. 110–175) sary and to pay tribute to the contribu- established OGIS specifically at NARA. It tions they have made in preventing and ∑ Mr. AKAKA. Mr. President, it is a did so as a result of congressional findings eliminating blood related diseases. privilege for me to honor Mrs. Esther that interests promoted by the Freedom of The society has grown substantially G. Kee who is retiring as president of Information Act (FOIA), as well as American the United States-Asia Institute which traditions and ideals regarding the value of from its 200 members at its inception an informed citizenry and the legitimacy of in 1958, to over 15,000 members pres- she cofounded with the late Joji representative government, were being insuf- ently, and is recognized as the world’s Konoshima in 1979, with the encourage- ficiently served by the existing system of premier organization in research pro- ment and support of then-President agency practices and implementation, in motion, clinical care, education, train- Jimmy Carter. which DOJ has been the lead agency for 30 ing, and advocacy in the field of hema- The objectives of the United States- years. Additionally, since it is the responsi- tology. Asia Institute are to promote better bility of the Department to defend its gov- Society members consist of practi- understanding between the United ernment-agency clients in litigation brought tioners and researchers who have been States and Asia, to conduct work and by requestors, there is a built-in conflict of interest in vesting DOJ with responsibilities able to translate Federal research dol- educational visits to Asia for Members to resolve FOIA disputes informally and to lars into effective treatments for mil- of Congress and their staff, to maintain hold agencies accountable for FOIA imple- lions of people afflicted with diseases close ties with Asian diplomatic mis- mentation. Congress specifically directed the that were at one time untreatable and sions, to organize international and

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1052 CONGRESSIONAL RECORD — SENATE February 14, 2008 conferences and symposiums in the someone was there when a victim had cial occasion, and I look forward to fu- U.S. and Asia on political, economic, nowhere to go. ture generations having the oppor- and security topics, and to host small, I consider the Violence Against tunity to visit and enjoy this unique off-the-record meetings of American Women Act my proudest legislative ac- city.∑ and Asian officials, businessmen and complishment. But the Joe Dell’Olios academic leaders providing a venue for of the world are the ones who deserve f free and open discussions and exchange the credit for our progress. Joe has re- RETIREMENT OF CAROLYN DOWNS of views. ceived several awards, including some Under Mrs. Kee’s stewardship, the in- from the U.S. Departments of Justice ∑ Mr. JOHNSON. Mr. President, I wish stitute has successfully met its objec- and Health and Human Services. to recognize the service of Carolyn tives, and I am confident that it will Throughout my career, I have been Downs. She has tirelessly worked on continue to do so under the tutelage of privileged to work with some of the behalf of the poor throughout her life, her successor. One of Mrs. Kee’s most finest public servants our Nation has including many years of outstanding successful initiatives has been staff ever known, those who committed service as the director of The Banquet codels which she has organized and led. their lives to the greater good. None in Sioux Falls, SD. Carolyn has been As an example, there were 70 staff have been more unwaveringly focused committed to providing a safe place codels with 800 senior congressional on a worthy cause than has Joe where people may gather to receive staff that traveled to China to meet Dell’Olio, even as he raised a loving nourishment and fellowship. and discuss issues with high govern- family of his own. Joe’s tireless sense Throughout her 20 years at The Ban- ment officials. This has facilitated mu- of duty and his unrelenting service quet, Carolyn has touched the lives of tual understanding, a core objective, never cease to amaze me. innumerable needy individuals and and people-to-people diplomacy the I wish him the best in all his future families. Her devotion to feeding the benefits of which will continue to inure endeavors.∑ hungry sets an example to the commu- to our mutual benefit. f nity of a life devoted to the betterment of people all over South Dakota. All of As Mrs. Kee retires from active lead- 100TH ANNIVERSARY OF THE CITY the guests that she has served have ership of the United States-Asia Insti- OF LARKSPUR tute, I have every confidence that she seen what is described as her cheerful will continue to be active in the insti- ∑ Mrs. BOXER. Mr. President, I take strength. tute and United States-Asia relations this opportunity to recognize the 100th Her work at The Banquet has not as a valued adviser. On a personal anniversary of the city of Larkspur, lo- only touched the lives of the hungry level, I look forward to her continued cated in Marin County, CA. but has given many South Dakotans an counsel and advice. The city of Larkspur was incor- opportunity to volunteer and become Mahalo nui loa—thank you very porated into the State of California on involved in their community. Carolyn’s much—Esther G. Kee, for all that you March 1, 1908. This year, we celebrate work has brought out the best in peo- have done on behalf of our country in its centennial anniversary. With a ple around her and is an inspiration to its continuing and important mission downtown that is listed on the Na- all of South Dakota. of promoting better understanding be- tional Register of Historic Places, the Under her leadership, The Banquet tween the United States and Asia.∑ architecture that defines the city of turned into a vital resource center in- f Larkspur has fascinated and charmed stitution for the hungry and is one of visitors for decades. Its historical the pillars of the Sioux Falls commu- CONGRATULATING JOSEPH M. structures and natural surroundings nity. Her humility, grace, leadership DELL’OLIO provide residents and visitors alike a skills, and humble service will be ∑ Mr. BIDEN. Mr. President, I wish glimpse of California the way it was at greatly missed when she retires. All of today to commend someone whom I the start of the 20th century. her work has not been for public praise have admired for my entire time in The city is divided into two distinct or external reward but, rather, a deeply this body, a man who has committed areas, with its historic downtown area held belief in serving others. The State his life to helping society’s most vul- to the west of Highway 101 and Lark- of South Dakota and all of its residents nerable. Joe Dell’Olio, who is retiring spur Landing, an outdoor shopping owe her a debt of gratitude for all that after 35 years at Child, Incorporated, is area with sublime bay views, to the she had done to better it. a dedicated public servant in the true east of Highway 101. Just across the Carolyn will be retiring this Feb- sense of the word. street from Larkspur Landing, trav- ruary. Though her day-to-day presence Joe started at Child, Inc., of Wil- elers can catch the Larkspur Ferry to at The Banquet will be greatly missed, mington after spending his early career the San Francisco Ferry Building, a her years of hard work are appreciated fighting to reduce Delaware’s crime ride that offers spectacular views of by all that volunteer and use The Ban- rate. In 1972, after just 2 years as the Mount Tamalpais, Angel Island, and quet. I applaud Carolyn Downs’s serv- executive director of the Delaware the Golden Gate Bridge. This out- ice and thank her for her time and ef- Agency to Reduce Crime, we saw the standing natural scenery in the midst forts. ∑ crime rate cut by 7 percent. As the of such a finely preserved historical head of the agency responsible for lead- setting makes the slogan ‘‘Meet me in f ing that fight, perhaps no one was due Larkspur’’ a common phrase amongst more credit than Joe. residents and visitors alike. TRIBUTE TO LABRADFORD EAGLE Joe then joined Child, Inc. in 1973, From the preservation of historic DEER the same year I was sworn in to the Magnolia Avenue to the conservation ∑ Mr. JOHNSON. Mr. President, today Senate. As executive vice president, he of the celebrated Blue Rock Inn, the I wish to offer a statement about a dis- was responsible for the development city of Larkspur offers visitors a vi- tinguished South Dakota youth, and administration of a wide range of brant look at smalltown California as LaBradford Eagle Deer. LaBradford, 16, advocacy and service programs for vic- it was in the early 1900s. For 100 years, of St. Francis, SD, was one of two tims of domestic violence and their the city of Larkspur has not only teens who represented the United families. Joe and I grew together as we served as a recreational escape and his- States at the United Nations’ observa- fought to empower and protect victims torical wonderland for those visiting tion of the 20th International Day for of domestic violence in our commu- the city but a place to call home for its the Eradication of Poverty last Octo- nity. more than 11,000 residents. I commend ber. Six young people from across the While I labored in the Senate to the city of Larkspur for maintaining world were chosen to speak at the write and pass the Violence Against the natural beauty and historical sig- event on a panel about what they Women Act, Joe Dell’Olio was on the nificance that defines this fine city. thought needed to be done about pov- front lines in our battle. He was the The city of Larkspur’s vision and erty. one on the street or in the counseling commitment to protecting its small According to the United Nations’ room. He was the one securing legal piece of California history should be Web site, the U.N. General Assembly help when victims could not afford it. commended. I congratulate the city of declared October 17 as the Inter- And he was the one who made sure Larkspur for its hard work on this spe- national Day for the Eradication of

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1053 Poverty and invited all States to de- Baxter Country treasurer from 1960 to John was an independent and dedi- vote the day to presenting and pro- 1964 before being elected to the Arkan- cated individual who found comfort in moting, as appropriate in the national sas House. As a State legislator, she fo- life through helping others. He was a context, concrete activities with re- cused on issues affecting the elderly 2001 graduate of Omaha Westside High gard to the eradication of poverty and and was asked by then-Governor Dale School and a 2005 graduate of the Uni- destitution. The resolution further in- Bumpers to serve as a representative to versity of Nebraska-Lincoln, studying vites intergovernmental and non- the White House Conference on Aging. art history. His inquisitive nature to- governmental organizations to assist In 1976, Mrs. Sheid sought higher of- ward different cultures and languages, States, at their request, in organizing fice and was elected to the Arkansas along with his desire to help others, led national activities for the observance Senate. She served in that capacity him to volunteer for the Peace Corps. of the day, and requests the Secretary- until 1985. Shortly thereafter, then- John was sworn in on December 8, 2005, General to take, within existing re- Governor Bill Clinton appointed her to and served as a construction and sources, the measures necessary to en- the Arkansas Police Commission, skilled trades education volunteer on sure the success of the day’s observ- where she later served as chairman. the island of Erromango in the Repub- ance by the United Nations. Mrs. Sheid had many great accom- lic of Vanuatu. Eagle Deer exemplifies the goals of plishments in the Arkansas Legisla- John’s impact in Vanuatu was tan- this important day. Eagle Deer lives on ture. She sponsored legislation cre- gible to the people who lived in his vil- the Rosebud Sioux Indian Reservation, ating Arkansas State University- lage. He was credited for strengthening where almost half of children younger Mountain Home and North Arkansas South River’s transportation, income than 17 live in poverty, according to Community College in Harrison. She generation, and communications capa- the U.S. Department of Agriculture’s also authored legislation to construct bilities. When his parents visited him Economic Research Center. Eagle Deer the twin bridges over Lake Norfork, as in Vanuatu, they were proud to see the discussed the hopelessness that poverty well as numerous highway projects. sense of community John brought to creates in a person saying, ‘‘suicide, Mr. President, as a woman growing his village. His father, Doug, said the addiction, dropout and crime rates are up in Arkansas, Vada Sheid was a true people loved him as though he were one so high in poverty-stricken areas on inspiration to me and many others. of their own; one Erromango commu- our reservation, as well as other areas The example she set is one that I can nity representative regarded him ‘‘as in the world.’’ only hope to follow. She will be missed our son.’’ His sincerity and enthusiasm Eagle Deer has taken a leading role by all Arkansans. At this time, my to help those in need is epitomized by to improve his community. An honor thoughts and prayers go out to her his Peace Corps aspiration statement: student at Todd County High School, family.∑ Why I have volunteered is a question that he is president of the St. Francis Youth f I do not fully know the answer to. Coming Center He coaches flag football and is from a stable farming family I was always REMEMBERING MIKE WILSON himself involved in cross country, bas- taught to help my neighbors but I also feel ketball, and track. Staying true to his ∑ Mrs. LINCOLN. Mr. President, I an internal pull to help lend a hand. Some- culture, he has organized a traditional speak with great sadness as I remem- where back in my short life, I made a choice youth-honoring powwow. A sentiment ber the life of a great Arkansan who to serve and have been doing so every since. passed away on February 8, 2008: Mi- Instead of a single moment defining my rea- that I agree with, Eagle Deer values sons to serve, a whole lifetime of learning is education as a pathway out of poverty. chael Evans ‘‘Mike’’ Wilson. driving me to volunteer for the Peace Corps. LaBradford is an example to other For the last 20 years, Mike served as On October 11, 2007, John passed away poverty stricken children, and I com- the chairman and CEO of Lee Wilson while working at his site, a branch mend his efforts to alleviate the effects and Company, a business that began to that was being cut by a student inad- of poverty on children in South Dakota transform and build the Arkansas vertently struck John and another and children worldwide.∑ Delta region more than 100 years ago. member of the community. He is sur- f Growing up the daughter of a rice farmer in eastern Arkansas, I knew of vived by his parents Doug and Rose of REMEMBERING VADA SHEID the Wilson family and how their name Omaha. ∑ Mrs. LINCOLN. Mr. President, it is was synonymous with the values of Today, I join all Americans in with a heavy heart that today I honor hard work and enterprise throughout mourning the loss of this remarkable one of the true pioneers for women in our region. young man. John Roberts’ altruism, Arkansas, Vada Webb Sheid, who Mike was not only the leader of his compassion, and exemplary service will passed away this past Monday. Mrs. longtime family business; he was also a remain an inspiration for those who ∑ Sheid was a remarkable woman who tireless servant for the city of Wilson wish to follow in his footsteps. was an enterprising entrepreneur and and the State of Arkansas. He had f built a business, Sheid’s Furniture served as mayor of Wilson since 1986 RECOGNIZING HAVEN’S CANDIES Company, with her husband Carl in and was committed to economic devel- Mountain Home. opment and advancing educational op- ∑ Ms. SNOWE. Mr. President, as today But Mrs. Sheid is best remembered as portunity in Arkansas. He also lent his is Valentine’s Day—a day when every- a dedicated public servant who became time to a considerable number of chari- one deserves to enjoy at least a little the first woman in Arkansas to serve table organizations’ boards and com- chocolate—I commend a small in both the Arkansas House of Rep- mittees to further those goals. chocolatier from my home State of resentatives and Senate. A 1965 graduate of the Citadel, Mike Maine that has produced quality choco- She began her public service at 19 also loved his country. He served our lates and candies for nearly a century. years old when she became the Izard Nation in the U.S. Army upon gradua- Haven’s Candies of Westbrook is an in- County welfare director. Soon after, tion and achieved the rank of captain novative candy factory that sells a she met Carl, and they opened the before his honorable discharge. wide variety of chocolate favorites in area’s first self-serve food market in He was passionate about life, and I addition to both traditional and origi- Mountain Home. During World War II, consider him a true friend. He will be nal Maine treats. Carl was drafted in the Army, and Mrs. missed by us all. The early history of Haven’s Candies Sheid went to work as a payroll clerk My thoughts and prayers are with his has an element of romance to it. Her- for a company building the Norfork wife Pat, son Perry, daughter Natalie, bert Haven, the company’s founder, fol- Dam. After the war, they opened up a and their entire family at this time.∑ lowed his sweetheart from Boston, MA, grocery store before finally starting f to Portland, ME, in the early 1900s. the Sheid’s Furniture Company in 1957, They were soon married, and Herbert, which her family still runs today. IN HONOR OF JOHN ROBERTS who was the son of a candy maker, It was around this time that Mrs. ∑ Mr. NELSON of Nebraska. Mr. Presi- teamed up with his wife to produce Sheid began to consider furthering her dent, today I wish to honor John Rob- handcrafted candies in their kitchen, career in public service. She served as erts of Omaha, NE. which they began selling from the

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1054 CONGRESSIONAL RECORD — SENATE February 14, 2008 front parlor of their house in 1915. MESSAGES FROM THE PRESIDENT By Mr. CARPER (for himself, Ms. COL- LINS, Mr. KENNEDY, Mr. BIDEN, Mr. From this humble start, Haven’s Messages from the President of the Candies has grown to become a well- KERRY, Mr. MENENDEZ, Mr. ALEX- United States were communicated to ANDER, Mr. LIEBERMAN, Mr. LAUTEN- known name in candy making. The the Senate by Mrs. Neiman, one of his BERG, and Mr. GREGG): company now has a factory and store secretaries. S. 2643. A bill to amend the Clean Air Act in Westbrook, as well as retail loca- to require the Administrator of the Environ- f tions in Windham and Portland, one mental Protection Agency to promulgate block from the house where Haven’s EXECUTIVE MESSAGES REFERRED regulations to control hazardous air pollut- began. And as ranking member of the ant emissions from electric utility steam As in executive session the Presiding generating units; to the Committee on Envi- Senate Committee on Small Business Officer laid before the Senate messages ronment and Public Works. and Entrepreneurship, I am particu- from the President of the United By Mr. BROWN: larly pleased that the U.S. Small Busi- States submitting sundry nominations S. 2644. A bill to clarify and improve infor- ness Administration has been able to which were referred to the appropriate mation for members and former members of help Haven’s over the years through fi- the Armed Forces on upgrades of discharge, committees. to prohibit personality disorder discharges in nancing and other assistance. (The nominations received today are cases of post-traumatic stress disorder and Using time-tested methods, Haven’s printed at the end of the Senate pro- traumatic brain injury, and for other pur- still handcrafts its candies. Haven’s of- ceedings.) poses; to the Committee on Armed Services. fers customers an extensive array of By Mr. STEVENS: f S. 2645. A bill to require the Commandant exquisite goods, including homemade MEASURES PLACED ON THE of the Coast Guard, in consultation with the fudge, marzipan, jumbo peanut butter CALENDAR Under Secretary of Commerce for Oceans and cups, and buttercrunch toffee. The Atmosphere, to conduct an evaluation and company also produces a varied selec- The following bills were read the sec- review of certain vessel discharges; to the tion of sugar-free candies, including ond time, and placed on the calendar: Committee on Commerce, Science, and peanut brittle and cashew turtles. S. 2633. A bill to provide for the safe rede- Transportation. ployment of United States troops from Iraq. By Mr. CRAIG: Some of the Maine-themed candies sold S. 2646. A bill for the relief of Thomas Ste- S. 2634. A bill to require a report setting at Haven’s include the needham, a phen Long, Patricia Merryl Long, Stephanie forth the global strategy of the United Bianca Long, and Chelsea Ann Long; to the chocolate with a soft potato, coconut, States to combat and defeat al Qaeda and its Committee on the Judiciary. and vanilla center, and delicious blue- affiliates. berry creams, celebrating Maine’s rich By Mr. KOHL: S. 2636. A bill to provide needed housing re- S. 2647. A bill to suspend temporarily the heritage of blueberry harvesting. Per- form. duty on fan assisted, plug-in, scented oil dis- haps Haven’s most impressive produc- f pensing, electrothermic appliances; to the tion is its salt water taffy. Made by Committee on Finance. hand, its dozens of unique flavors in- INTRODUCTION OF BILLS AND By Mr. SCHUMER: clude creamsicle, maple, and water- JOINT RESOLUTIONS S. 2648. A bill to amend the Workforce In- melon. Haven’s salt water taffy has at- vestment Act of 1998 to improve programs The following bills and joint resolu- carried out through youth opportunity tracted significant attention, and re- tions were introduced, read the first grants, and for other purposes; to the Com- tailers of the candy include Maine’s and second times by unanimous con- mittee on Finance. own L. L. Bean. sent, and referred as indicated: By Mr. ISAKSON: By Mr. HAGEL: S. 2649. A bill to allow an income tax ex- Haven’s production methods allow ception to limitations on personal casualty for the romantic in all of us to surprise S. 2637. A bill to amend the Internal Rev- enue Code of 1986 to provide an exclusion for losses for losses occurring in tornado dis- our sweethearts any day of the week. gain from the sale of farmland to encourage aster areas; to the Committee on Finance. The company can make monogrammed the continued use of the property for farm- By Mr. SPECTER (for himself, Mrs. chocolates and offers personalized ing, and for other purposes; to the Com- DOLE, Mr. ENSIGN, Mr. MARTINEZ, Mr. packaging to create anyone’s favorite mittee on Finance. CORNYN, Ms. STABENOW, and Mrs. By Mr. KOHL: HUTCHISON): combination of sweets. For Valentine’s S. 2650. A bill to provide for a 5-year S. 2638. A bill to change the date for regu- Day, Haven’s offers chocolate-dipped carryback of certain net operating losses and larly scheduled Federal elections and estab- strawberries, fancy hearts filled with a to suspend the 90 percent alternative min- lish polling place hours; to the Committee on imum tax limit on certain net operating mix of chocolates, and the unique Val- Rules and Administration. losses; to the Committee on Finance. entine party tray, which includes a By Mr. JOHNSON (for himself and Ms. By Mr. INHOFE: great variety of chocolates surrounding SNOWE): S. 2651. A bill to amend the Clean Air Act a heart-shaped tray filled with mixed S. 2639. A bill to amend title 38, United to make technical corrections to the renew- nuts. Haven’s also makes assorted holi- States Code, to provide for an assured ade- able fuel standard; to the Committee on En- day gifts for other occasions, including quate level of funding for veterans health vironment and Public Works. care; to the Committee on Veterans’ Affairs. Easter and Father’s Day. The company By Ms. LANDRIEU (for herself, Mr. By Mr. BURR (for himself, Mr. CORNYN, INOUYE, Mr. STEVENS, Mr. LAUTEN- holds a free open house every Columbus and Mr. CRAIG): BERG, Mr. VITTER, Mr. COCHRAN, Mrs. Day when children can make their own S. 2640. A bill to amend title 38, United DOLE, Mr. GRAHAM, and Mr. ALEX- States Code, to enhance and improve insur- candy at the factory. Additionally, Ha- ANDER): ven’s raises funds annually for the Cen- ance, housing, labor and education, and S. 2652. A bill to authorize the Secretary of ter for Grieving Children by hosting other benefits for veterans, and for other Defense to make a grant to the National ‘‘make your own candy cane’’ events. purposes; to the Committee on Veterans’ Af- World War II Museum Foundation for facili- fairs. ties and programs of America’s National On Valentine’s Day, we take the op- By Mr. GRASSLEY (for himself and World War II Museum; to the Committee on portunity to enjoy the sweeter side of Mr. KOHL): Armed Services. life. Luckily for the employees of Ha- S. 2641. A bill to amend title XVIII and XIX By Mr. COLEMAN (for himself and Mr. ven’s Candies, they get to enjoy it of the Social Security Act to improve the BINGAMAN): transparency of information on skilled nurs- every day! Not only is the candy they S. 2653. A bill to further United States se- ing facilities and nursing facilities and to curity by restoring and enhancing the com- produce scrumptious, but their work clarify and improve the targeting of the en- petitiveness of the United States for inter- ethic is exemplary, and their dedica- forcement of requirements with respect to national students, scholars, scientists, and tion to putting smiles on the faces of such facilities; to the Committee on Fi- exchange visitors and by facilitating busi- children of all ages is commendable. I nance. ness travel to the United States; to the Com- congratulate owner Andy Charles and By Ms. KLOBUCHAR (for herself, Ms. mittee on the Judiciary. everyone at Haven’s who continue to SNOWE, and Ms. CANTWELL): By Mr. COLEMAN (for himself, Mrs. S. 2642. A bill to establish a national re- LINCOLN, and Mr. CHAMBLISS): make delectable candies nearly 100 newable energy standard, to extend and cre- S. 2654. A bill to provide for enhanced reim- years after this company’s remarkable ate renewable energy tax incentives, and for bursement of servicemembers and veterans inception and wish them future suc- other purposes; to the Committee on Fi- for certain travel expenses; to the Com- cess.∑ nance. mittee on Armed Services.

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1055 SUBMISSION OF CONCURRENT AND payments from annuities and similar S. 1907 SENATE RESOLUTIONS payments of life insurance proceeds at At the request of Mr. BAUCUS, the The following concurrent resolutions dates later than death by excluding name of the Senator from West Vir- and Senate resolutions were read, and from income a portion of such pay- ginia (Mr. BYRD) was added as a co- referred (or acted upon), as indicated: ments. sponsor of S. 1907, a bill to amend title S. 1277 I of the Omnibus Crime Control and By Mr. DURBIN (for himself, Mr. Safe Streets Act of 1968 to understand HATCH, Mr. MENENDEZ, Mr. SPECTER, At the request of Mr. NELSON of Ne- and Mr. BROWN): braska, the name of the Senator from and comprehensively address the in- S. Res. 454. A resolution designating the North Dakota (Mr. DORGAN) was added mate oral health problems associated month of March 2008 as ‘‘MRSA Awareness as a cosponsor of S. 1277, a bill to with methamphetamine use, and for Month’’; to the Committee on the Judiciary. amend title XVIII of the Social Secu- other purposes. By Mr. DURBIN (for himself, Mr. rity Act to clarify the treatment of S. 1921 BIDEN, Mr. BROWNBACK, Mr. FEIN- payment under the Medicare program At the request of Mr. WEBB, the name GOLD, Mr. COLEMAN, Mr. VOINOVICH, for clinical laboratory tests furnished of the Senator from Connecticut (Mr. and Mr. MENENDEZ): S. Res. 455. A resolution calling for peace by critical access hospitals. LIEBERMAN) was added as a cosponsor in Darfur; to the Committee on Foreign Re- S. 1328 of S. 1921, a bill to amend the American lations. At the request of Mr. LEAHY, the Battlefield Protection Act of 1996 to ex- By Ms. SNOWE (for herself, Ms. COL- name of the Senator from Hawaii (Mr. tend the authorization for that Act, LINS, and Mr. SUNUNU): AKAKA) was added as a cosponsor of S. and for other purposes. S. Res. 456. A resolution directing the 1328, a bill to amend the Immigration S. 1926 United States to undertake bilateral discus- and Nationality Act to eliminate dis- At the request of Mr. DODD, the name sions with Canada to negotiate an agreement to conserve populations of large whales at crimination in the immigration laws of the Senator from Illinois (Mr. risk of extinction that migrate along the At- by permitting permanent partners of OBAMA) was added as a cosponsor of S. lantic seaboard of North America; to the United States citizens and lawful per- 1926, a bill to establish the National In- Committee on Foreign Relations. manent residents to obtain lawful per- frastructure Bank to provide funding By Mr. REID: manent resident status in the same for qualified infrastructure projects, S. Res. 457. A resolution recognizing the manner as spouses of citizens and law- and for other purposes. cultural and historical significance of the ful permanent residents and to penalize S. 2045 Chinese New Year or Spring Festival; consid- immigration fraud in connection with At the request of Mr. PRYOR, the ered and agreed to. permanent partnerships. name of the Senator from Oregon (Mr. f S. 1382 WYDEN) was added as a cosponsor of S. ADDITIONAL COSPONSORS At the request of Mr. REID, the name 2045, a bill to reform the Consumer of the Senator from Arizona (Mr. Product Safety Commission to provide S. 60 MCCAIN) was added as a cosponsor of S. greater protection for children’s prod- At the request of Mr. INOUYE, the 1382, a bill to amend the Public Health ucts, to improve the screening of non- name of the Senator from New York Service Act to provide for the estab- compliant consumer products, to im- (Mrs. CLINTON) was added as a cospon- lishment of an Amyotrophic Lateral prove the effectiveness of consumer sor of S. 60, a bill to amend the Public Sclerosis Registry. product recall programs, and for other Health Service Act to provide a means purposes. for continued improvement in emer- S. 1418 S. 2136 gency medical services for children. At the request of Mr. DODD, the name of the Senator from Illinois (Mr. At the request of Mr. DURBIN, the S. 702 OBAMA) was added as a cosponsor of S. names of the Senator from California At the request of Mr. KOHL, the name 1418, a bill to provide assistance to im- (Mrs. FEINSTEIN) and the Senator from of the Senator from Vermont (Mr. prove the health of newborns, children, Massachusetts (Mr. KERRY) were added LEAHY) was added as a cosponsor of S. and mothers in developing countries, as cosponsors of S. 2136, a bill to ad- 702, a bill to authorize the Attorney and for other purposes. dress the treatment of primary mort- General to award grants to State S. 1430 gages in bankruptcy, and for other pur- courts to develop and implement State At the request of Mr. PRYOR, his poses. courts interpreter programs. name was added as a cosponsor of S. S. 2182 S. 791 1430, a bill to authorize State and local At the request of Mr. REED, the name At the request of Mr. LEVIN, the governments to direct divestiture of the Senator from Connecticut (Mr. name of the Senator from Pennsyl- from, and prevent investment in, com- LIEBERMAN) was added as a cosponsor vania (Mr. SPECTER) was added as a co- panies with investments of $20,000,000 of S. 2182, a bill to amend the Public sponsor of S. 791, a bill to establish a or more in Iran’s energy sector, and for Health Service Act with respect to collaborative program to protect the other purposes. mental health services. Great Lakes, and for other purposes. S. 1499 S. 2209 S. 911 At the request of Mrs. BOXER, the At the request of Mr. HATCH, the At the request of Mr. REED, the name name of the Senator from Maryland name of the Senator from Kentucky of the Senator from Illinois (Mr. DUR- (Mr. CARDIN) was added as a cosponsor (Mr. BUNNING) was added as a cosponsor BIN) was added as a cosponsor of S. 911, of S. 1499, a bill to amend the Clean Air of S. 2209, a bill to amend the Internal a bill to amend the Public Health Serv- Act to reduce air pollution from ma- Revenue Code of 1986 to provide incen- ice Act to advance medical research rine vessels. tives to improve America’s research and treatments into pediatric cancers, S. 1846 competitiveness, and for other pur- ensure patients and families have ac- At the request of Mr. BOND, the name poses. cess to the current treatments and in- of the Senator from Alaska (Mr. STE- S. 2218 formation regarding pediatric cancers, VENS) was added as a cosponsor of S. At the request of Mr. ROBERTS, the establish a population-based national 1846, a bill to improve defense coopera- name of the Senator from Kansas (Mr. childhood cancer database, and pro- tion between the Republic of Korea and BROWNBACK) was added as a cosponsor mote public awareness of pediatric can- the United States. of S. 2218, a bill to provide for the cers. S. 1906 award of a military service medal to S. 1010 At the request of Mr. BAUCUS, the members of the Armed Forces who At the request of Mr. SMITH, the name of the Senator from West Vir- were exposed to ionizing radiation as a name of the Senator from Connecticut ginia (Mr. BYRD) was added as a co- result of participation in a test of (Mr. LIEBERMAN) was added as a co- sponsor of S. 1906, a bill to understand atomic weapons. sponsor of S. 1010, a bill to amend the and comprehensively address the oral S. 2369 Internal Revenue Code of 1986 to en- health problems associated with meth- At the request of Mr. CORNYN, his courage guaranteed lifetime income amphetamine use. name was added as a cosponsor of S.

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1056 CONGRESSIONAL RECORD — SENATE February 14, 2008 2369, a bill to amend title 35, United S. 2618 of amendment No. 3893 proposed to S. States Code, to provide that certain At the request of Ms. KLOBUCHAR, the 1200, a bill to amend the Indian Health tax planning inventions are not patent- names of the Senator from Connecticut Care Improvement Act to revise and able, and for other purposes. (Mr. DODD) and the Senator from New extend the Act. S. 2401 York (Mrs. CLINTON) were added as co- AMENDMENT NO. 3896 At the request of Ms. CANTWELL, the sponsors of S. 2618, a bill to amend the At the request of Mr. VITTER, the name of the Senator from Kansas (Mr. Public Health Service Act to provide names of the Senator from South Da- ROBERTS) was added as a cosponsor of for research with respect to various kota (Mr. THUNE), the Senator from S. 2401, a bill to amend the Internal forms of muscular dystrophy, including Oklahoma (Mr. INHOFE), the Senator Revenue Code of 1986 to allow a refund Becker, congenital, distal, Duchenne, from Kansas (Mr. BROWNBACK) and the of motor fuel excise taxes for the ac- Emery-Dreifuss Facioscapulohumeral, Senator from Arizona (Mr. MCCAIN) tual off-highway use of certain mobile limb-girdle, myotonic, and were added as cosponsors of amend- machinery vehicles. oculopharyngeal muscular dystrophies. ment No. 3896 proposed to S. 1200, a bill S. 2543 S. 2625 to amend the Indian Health Care Im- At the request of Mr. ENSIGN, the At the request of Mr. HARKIN, the provement Act to revise and extend the name of the Senator from Idaho (Mr. names of the Senator from Oregon (Mr. Act. CRAIG) was added as a cosponsor of S. WYDEN) and the Senator from Cali- AMENDMENT NO. 3967 2543, a bill to amend title 18, United fornia (Mrs. BOXER) were added as co- At the request of Mr. COBURN, the States Code, to prohibit taking minors sponsors of S. 2625, a bill to ensure that names of the Senator from Georgia across State lines in circumvention of deferred Department of Veterans Af- (Mr. CHAMBLISS), the Senator from Mis- laws requiring the involvement of par- fairs disability benefits that are re- sissippi (Mr. WICKER) and the Senator ents in abortion decisions. ceived in a lump sum amount or in pro- from Kansas (Mr. BROWNBACK) were S. 2550 spective monthly amounts, be excluded added as cosponsors of amendment No. from consideration as annual income At the request of Mrs. HUTCHISON, the 3967 intended to be proposed to S. 2483, name of the Senator from North Caro- when determining eligibility for low- a bill to authorize certain programs income housing programs. lina (Mr. BURR) was added as a cospon- and activities in the Forest Service, sor of S. 2550, a bill to amend title 38, S. 2627 the Department of the Interior, and the United States Code, to prohibit the At the request of Mr. DOMENICI, the Department of Energy, and for other Secretary of Veterans Affairs from col- name of the Senator from Arizona (Mr. purposes. lecting certain debts owed to the KYL) was added as a cosponsor of S. AMENDMENT NO. 4023 United States by members of the 2627, a bill to provide for a biennial At the request of Ms. MIKULSKI, the Armed Forces and veterans who die as budget process and a biennial appro- names of the Senator from Maine (Ms. a result of an injury incurred or aggra- priations process and to enhance over- COLLINS), the Senator from Maryland vated on active duty in a combat zone, sight and the performance of the Fed- (Mr. CARDIN), the Senator from Ohio and for other purposes. eral Government. (Mr. VOINOVICH), the Senator from Iowa S. 2578 S. 2633 (Mr. HARKIN), the Senator from Penn- At the request of Mr. COLEMAN, the At the request of Mr. FEINGOLD, the sylvania (Mr. CASEY), the Senator from name of the Senator from New York name of the Senator from New Jersey New York (Mrs. CLINTON), the Senator (Mr. SCHUMER) was added as a cospon- (Mr. MENENDEZ) was added as a cospon- from Vermont (Mr. SANDERS) and the sor of S. 2578, a bill to temporarily sor of S. 2633, a bill to provide for the Senator from Oregon (Mr. WYDEN) were delay application of proposed changes safe redeployment of United States added as cosponsors of amendment No. to Medicaid payment rules for case troops from Iraq. 4023 proposed to S. 1200, a bill to amend management and targeted case man- S. 2634 the Indian Health Care Improvement agement services. At the request of Mr. FEINGOLD, the Act to revise and extend the Act. S. 2580 name of the Senator from New Jersey f At the request of Mr. SMITH, the (Mr. MENENDEZ) was added as a cospon- STATEMENTS ON INTRODUCED name of the Senator from Minnesota sor of S. 2634, a bill to require a report BILLS AND JOINT RESOLUTIONS setting forth the global strategy of the (Mr. COLEMAN) was added as a cospon- By Mr. KOHL: sor of S. 2580, a bill to amend the High- United States to combat and defeat al Qaeda and its affiliates. S. 2638. A bill to change the date for er Education Act of 1965 to improve the regularly scheduled Federal elections S. RES. 439 participation in higher education of, and establish polling place hours; to and to increase opportunities in em- At the request of Mr. LUGAR, the the Committee on Rules and Adminis- ployment for, residents of rural areas. names of the Senator from Georgia tration. S. 2595 (Mr. CHAMBLISS) and the Senator from Mr. KOHL. Mr. President, today I At the request of Mrs. FEINSTEIN, the Arizona (Mr. MCCAIN) were added as co- rise to introduce the Weekend Voting name of the Senator from California sponsors of S. Res. 439, a resolution ex- Act. This legislation will change the (Mrs. BOXER) was added as a cosponsor pressing the strong support of the Sen- day for Congressional and Presidential of S. 2595, a bill to create a national li- ate for the North Atlantic Treaty Or- elections from the first Tuesday in No- censing system for residential mort- ganization to enter into a Membership vember to the first weekend in Novem- gage loan originators, to develop min- Action Plan with Georgia and Ukraine. ber. This legislation is nearly identical imum standards of conduct to be en- S. RES. 449 to legislation that I first proposed in forced by State regulators, and for At the request of Mr. SMITH, the 1997. other purposes. names of the Senator from California Currently, we are in the midst of the S. 2596 (Mrs. FEINSTEIN) and the Senator from most serious business of our democ- At the request of Mr. DEMINT, the Georgia (Mr. CHAMBLISS) were added as racy—the primary elections to select name of the Senator from Georgia (Mr. cosponsors of S. Res. 449, a resolution the nominees to be our next President. ISAKSON) was added as a cosponsor of S. condemning in the strongest possible We all want every eligible voter to par- 2596, a bill to rescind funds appro- terms President of Iran Mahmoud ticipate and cast a vote. But recent priated by the Consolidated Appropria- Ahmadinejad’s statements regarding elections have Shown us that unneeded tions Act, 2008, for the City of Berke- the State of Israel and the Holocaust obstacles are preventing citizens from ley, California, and any entities lo- and calling for all member States of exercising their franchise. The debacle cated in such city, and to provide that the United Nations to do the same. of defective ballots and voting methods such funds shall be transferred to the AMENDMENT NO. 3893 in Florida in the 2000 election galva- Operation and Maintenance, Marine At the request of Mr. BROWNBACK, the nized Congress into passing major elec- Corps account of the Department of name of the Senator from Oklahoma tion reform legislation. The Help Defense for the purposes of recruiting. (Mr. COBURN) was added as a cosponsor American Vote Act, which was enacted

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1057 into law in 2002, was an important step held elections on holidays or weekends ‘‘SEC. 25. The first Saturday and Sunday forward in establishing minimum and in all these cases voter turnout after the first Friday in November, in every standards for States in the administra- surpassed our country’s voter partici- even numbered year, are established as the days for the election, in each of the States tion of Federal elections and in pro- pation rates. and Territories of the United States, of Rep- viding funds to replace outdated voting In 2001, the National Commission on resentatives and Delegates to the Congress systems and improve election adminis- Federal Election Reform recommended commencing on the 3d day of January there- tration. However, there is much that that we move our federal election day after.’’. still needs to be done. to a national holiday, in particular SEC. 3. CHANGE IN PRESIDENTIAL ELECTION With more and more voters needing Veterans Day. As expected, the pro- DAY TO SATURDAY AND SUNDAY. to cast their ballots on election day, posal was not well received among vet- Section 1 of title 3, United States Code, is amended by striking ‘‘Tuesday next after the we need to build on the movement erans and I do not endorse such a first Monday’’ and inserting ‘‘first Saturday which already exists to make it easier move, but I share the Commission’s and Sunday after the first Friday’’. for Americans to cast their ballots by goal of moving election day to a non- SEC. 4. POLLING PLACE HOURS. providing alternatives to voting on just working day. (a) IN GENERAL.— one election day. Twenty-eight States, Since the mid 19th century, election (1) PRESIDENTIAL GENERAL ELECTION.— including my own State of Wisconsin, day has been on the first Tuesday of Chapter 1 of title 3, United States Code, is now permit any registered voter to November. Ironically, this date was se- amended— vote by absentee ballot. These States (A) by redesignating section 1 as section lected because it was convenient for 1A; and constitute nearly half of the voting age voters. Tuesdays were traditionally (B) by inserting before section 1A the fol- citizens of the U.S. Thirty-one States court day, and landowning voters were lowing: permit in-person early voting at elec- often coming to town anyway. ‘‘§ 1. Polling place hours tion offices or at other satellite loca- Just as the original selection of our ‘‘(a) DEFINITIONS.—In this section: tions. The State of Oregon now con- national voting day was done for voter ‘‘(1) CONTINENTAL UNITED STATES.—The ducts statewide elections completely convenience, we must adapt to the term ‘continental United States’ means a by mail. These innovations are critical changes in our society to make voting State (other than Alaska and Hawaii) and if we are to conduct fair elections, for easier for the regular family. We have the District of Columbia. it has become unreasonable to expect outgrown our Tuesday voting day tra- ‘‘(2) PRESIDENTIAL GENERAL ELECTION.—The term ‘Presidential general election’ means that a Nation of 300 million people can dition, a tradition better left behind to the election for electors of President and line up at the same time and cast their a bygone horse and buggy era. In to- Vice President. ballots at the same time. And if we day’s America, 60 percent of all house- ‘‘(b) POLLING PLACE HOURS.— continue to try to do so, we will en- holds have two working adults. Since ‘‘(1) POLLING PLACES IN THE CONTINENTAL counter even more reports of broken most polls in the United States are UNITED STATES.—Each polling place in the machines and long lines in the rain and open only 12 hours on a Tuesday, from continental United States shall be open, registration errors that create barriers with respect to a Presidential general elec- 7 a.m. to 7 p.m., voters often have only tion, beginning on Saturday at 10:00 a.m. to voting. one or two hours to vote. As we have eastern standard time and ending on Sunday That is why I have been a long-time seen in recent elections, long lines in at 6:00 p.m. eastern standard time. advocate of moving our Federal elec- many polling places have kept some ‘‘(2) POLLING PLACES OUTSIDE THE CONTI- tion day from the first Tuesday after voters waiting much longer than one or NENTAL UNITED STATES.—Each polling place the first Monday in November to the 2 hours. If voters have children, and are not located in the continental United States first weekend in November. Holding dropping them off at day care, or if shall be open, with respect to a Presidential general election, beginning on Saturday at our Federal elections on a weekend they have a long work commute, there will create more opportunities for vot- 10:00 a.m. local time and ending on Sunday is just not enough time in a workday at 6:00 p.m. local time. ers to cast their ballots and will help to vote. ‘‘(3) EARLY CLOSING.—A polling place may end the gridlock at the polling places With long lines and chaotic polling close between the hours of 10:00 p.m. local which threaten to undermine our elec- places becoming the unacceptable time on Saturday and 6:00 a.m. local time on tions. norm in many communities, we have Sunday as provided by the law of the State Under this bill, polls would be open an obligation to reform how our Nation in which the polling place is located.’’. nationwide for a uniform period of time votes. If we are to grant all Americans (2) CONGRESSIONAL GENERAL ELECTION.— Section 25 of the Revised Statutes of the from 10 a.m. Saturday eastern time to an equal opportunity to participate in 6 p.m. Sunday eastern time. Polls in all United States (2 U.S.C. 7) is amended— the electoral process, and to elect our (A) by redesignating section 25 as section time zones would in the 48 contiguous representatives in this great democ- 25A; and States also open and close at this time. racy, then we must be willing to reex- (B) by inserting before section 25A the fol- Election officials would be permitted amine all aspects of voting in America. lowing: to close polls during the overnight Changing our election day to a week- ‘‘SEC. 25. POLLING PLACE HOURS. hours if they determine it would be in- end may seem like a change of great ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) CONTINENTAL UNITED STATES.—The efficient to keep them open. Because magnitude. Given the stakes—the in- the polls would be open on both Satur- term ‘continental United States’ means a tegrity of future elections and full par- State (other than Alaska and Hawaii) and day and Sunday, they also would not ticipation by as many Americans as the District of Columbia. interfere with religious observances. possible—I hope my colleagues will rec- ‘‘(2) CONGRESSIONAL GENERAL ELECTION.— Keeping polls open the same hours ognize it as a common sense proposal The term ‘congressional general election’ across the continental U.S. also ad- whose time has come. means the general election for the office of dresses the challenge of keeping results Mr. President, I ask unanimous con- Senator or Representative in, or Delegate or on one side of the country, or even a Resident Commissioner to, the Congress. sent that the text of the bill be printed ‘‘(b) POLLING PLACE HOURS.— State, from influencing voting in in the RECORD. places where polls are still open. Mov- ‘‘(1) POLLING PLACES INSIDE THE CONTI- There being no objection, the text of NENTAL UNITED STATES.—Each polling place ing elections to the weekend will ex- the bill was ordered to be printed in in the continental United States shall be pand the pool of buildings available for the RECORD, as follows: open, with respect to a congressional general polling stations and people available to S. 2638 election, beginning on Saturday at 10:00 a.m. work at the polls, addressing the crit- eastern standard time and ending on Sunday ical shortage of poll workers. Be it enacted by the Senate and House of Rep- at 6:00 p.m. eastern standard time. resentatives of the United States of America in Most important, weekend voting has ‘‘(2) POLLING PLACES OUTSIDE THE CONTI- Congress assembled, the potential to increase voter turnout NENTAL UNITED STATES.—Each polling place by giving all voters ample opportunity SECTION 1. SHORT TITLE. not located in the continental United States This Act may be cited as the ‘‘Weekend to get to the polls without creating a shall be open, with respect to a congressional Voting Act’’. general election, beginning on Saturday at national holiday. There is already evi- SEC. 2. CHANGE IN CONGRESSIONAL ELECTION 10:00 a.m. local time and ending on Sunday dence that holding elections on a non- DAY TO SATURDAY AND SUNDAY. at 6:00 p.m. local time. working day can increase voter turn- Section 25 of the Revised Statutes (2 U.S.C. ‘‘(3) EARLY CLOSING.—A polling place may out. In one survey of 44 democracies, 29 7) is amended to read as follows: close between the hours of 10:00 p.m. local

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1058 CONGRESSIONAL RECORD — SENATE February 14, 2008 time on Saturday and 6:00 a.m. local time on nursing homes being at the end of a term in the regulations—a ‘‘special Sunday as provided by the law of the State continuum of care for people who need focus facility,’’ a designation meaning in which the polling place is located.’’. some help. they had been singled out as a consist- (b) CONFORMING AMENDMENTS.— People want to stay in their own ently poor performer. (1) The table of sections for chapter 1 of title 3, United States Code, is amended by home. When there is a question, can Why should consumers not have ac- striking the item relating to section 1 and they do that without endangering cess to this information? The Govern- inserting the following: them, bring some help to the home, rel- ment has it and so should consumers. ‘‘1. Polling place hours. atives or home health care types. To that end, this bill requires that the ‘‘1A. Time of appointing electors.’’. If that is not the right environment, ‘‘special focus facilities’’ designation (2) Sections 871(b) and 1751(f) of title 18, then assisted living. And then other be placed on the CMS website. Nursing United States Code, are each amended by things that might eventually bring a Home Compare is the name of that striking ‘‘title 3, United States Code, sec- person to a nursing home. But a nurs- website. tions 1 and 2’’ and inserting ‘‘sections 1A and ing home is a last resort. I say that be- By giving consumers this informa- 2 of title 3’’. cause during my tenure as chairman of tion, we will both give consumers in- the Aging Committee from 1997 to the formation necessary to make informed By Mr. GRASSLEY (for himself year 2001, versus the period of time I choices and poorly performing homes and Mr. KOHL): was chairman of the Senate Finance an extra incentive to shape up or con- S. 2641. A bill to amend title XVIII Committee, dealing with a lot of aging sumers then can go elsewhere. and XIX of the Social Security Act to issues, interacting with a lot of older This bill also requires more trans- improve the transparency of informa- people, I have never once had anybody parency about ownership information. tion on skilled nursing facilities and say to me that: I am just dying to get What is so secretive about who owns a nursing facilities and to clarify and im- into a nursing home. nursing home? Also, it provides trans- prove the targeting of the enforcement So I think it is important we do parency in inspection reports and more of requirements with respect to such whatever we can to keep people out of accountability for large nursing home facilities; to the Committee on Fi- nursing homes. But there are some peo- chains and the development of a stand- nance. ple, a lot of people, and a growing num- ardized resident complaint form so Mr. GRASSLEY. Mr. President, I ber of people who are going to need there is a clear and easy way to report come to the floor for the purpose of in- that type of care. problems and have them resolved. troducing a bill. The bill’s title is the So we have to be concerned about the The bill would also bring more trans- Nursing Home Transparency and Im- quality of care in nursing homes. We parency on what portion of a nursing provement Act of 2008. surely owe it to them to make sure home’s spending is used for direct care I introduce this bill along with Sen- they receive the safe and quality care for residents and also bring more uni- ator KOHL of Wisconsin. It is a bipar- they deserve. Unfortunately in many formity to the reporting of nursing tisan bill. Senator KOHL, because he is areas, the nursing homes, we have a staffing levels so people can make an in the majority, has the distinguished few bad apples always spoiling the bar- apples-to-apples comparison between pleasure of serving as chairman of a rel. Too many Americans receive poor nursing homes. special committee on aging which is care, often in a subset of a nursing But even with improved trans- also a very important responsibility, home. parency, there are some nursing homes particularly since our Government Unfortunately, this subset of chronic that will not improve on their own. In spends about more than $50 billion a offenders stays in business, in many the nursing home industry, most year on nursing home care for elderly, ways keeping their poor track records homes provide quality care on a con- among other things that are the re- hidden from the public at large and sistent basis. But as in many sectors, sponsibility tie of that committee. often facing little or no enforcement this industry is given a bad name by a The bill that we are introducing is an from the Federal Government. few bad apples that spoil the barrel. important piece of legislation that As ranking member of the Senate Fi- So we need to give inspectors better aims to bring some overdue trans- nance Committee, I have a long- enforcement tools. The current system parency to consumers regarding nurs- standing commitment to ensuring that provides incentives to correct problems ing home quality. It also provides long- nursing home residents receive the safe only temporarily and allows homes to needed improvements to our enforce- and quality care we expect for our own avoid regulatory sanctions while con- ment system. loved ones. But this effort requires tinuing to deliver substandard care to This legislation further strengthens transparency, transparency in the residents. That system must be fixed. nursing home staff training require- nursing home industry so consumers In ongoing correspondence that I ments. In America today, there are are armed with information, consumers have had with Terry Weems, the Act- over 1.7 million elderly and disabled in- having information they need to make ing Administrator of CMS, that agency dividuals in roughly 17,000 nursing the best decisions possible for loved has requested the statutory authority homes. ones. This same transparency also pro- to collect civil monetary penalties As the baby boom generation ages, vides additional market incentives for sooner and hold them in escrow pend- that number probably will rise, unless bad homes to improve. ing appeal. To that end, this bill re- we do something about the problems of This effort also requires a strong quires penalties be collected within 90 osteoporosis and Alzheimer’s and dia- mandatory enforcement and moni- days following a hearing; after that, betes. Hopefully, we can do those toring system to ensure safe and qual- they be held in escrow pending appeal. things so our nursing homes do not fill ity care at facilities that would not Penalties should also be meaningful. up more. But those are some of the take the steps needed to do so volun- Too often they are assessed at the low- health problems that are facing 77 mil- tarily. est possible amount, if at all. Penalties lion baby boomers. Some of them un- The Grassley-Kohl legislation seeks should be more than merely the cost of doubtedly will end up in nursing to strengthen both areas, transparency doing business, they should be col- homes. and enforcement. It is a bill that is lected in a reasonable timeframe and So we have to have not only a tre- good for consumers, good for nursing should not be rescinded easily. mendous interest in ensuring nursing home residents, and good even for the These changes would help prod the home quality based upon the number of nursing home community. industry’s bad actors to get their act people who are already there, but we Let’s look at transparency. In the together or get out of business. In addi- are going to have more in the future. market for nursing home care, similar tion to increased transparency and im- While many people are using alter- to all markets, consumers must have proved enforcement, this bill provides natives such as home care or other adequate data to make informed commonsense solutions to a number of methods of community-based care, choices. For years people looking at a other problems as well. nursing homes are going to remain a nursing home for themselves or loved This legislation requires the Sec- critical option for our elderly and our ones had no way of knowing whether retary of Health and Human Services disabled. I always think in terms of that home was—this is kind of a legal to establish a national independent

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1059 monitoring program to tackle prob- track record, which are well-staffed, By Ms. KLOBUCHAR (for herself, lems specific to interstate and large which are owned by a chain with a Ms. SNOWE, and Ms. CANTWELL): intrastate nursing home chains. This good reputation for providing excellent S. 2642. A bill to establish a national legislation directs the Government Ac- services—and which homes are not— renewable energy standard, to extend countability Office to, one, conduct then this sort of disclosure can serve as and create renewable energy tax incen- studies on the role, if any, of financial a powerful motivation for homes to tives, and for other purposes; to the problems in the poor performance of provide the best possible care, to hire Committee on Finance. special focus facilities; identify best and keep the most dedicated staff, and Ms. KLOBUCHAR. Mr. President, I practices at the State level in tem- to always prioritize the interests of am here to talk about the American porary management programs; and, residents. The court of public opinion Renewable Energy Act which I am in- three, determine what are the barriers and the strength of market forces are troducing today, along with my col- preventing the purchase of nursing powerful and inexpensive tools we leagues, Senator SNOWE from Maine homes with a record of poor quality. should be putting to good use. and Senator CANTWELL from Wash- Finally, in the case of nursing homes Our legislation will make sure all ington. being closed due to prior safety or this information is available to con- Last week, we passed a short-term quality of care, the bill requires that sumers in a timely and easy-to-use stimulus package that will help change residents and their representatives be fashion. We want Americans to be able the economic direction of this country given a sufficient notice so they can to use the Federal Government’s Web by putting money in the hands of adequately plan a transfer to a better site, Nursing Home Compare, with ease. American families, including our sen- performing nursing home. I happen to We want Americans to have access to iors and veterans. Last week’s action be very sensitive to the fact that nurs- the type of information that matters, was a start, but we must begin focusing ing home residents are often old and such as the number of hours of care on long-term policies that will help our fragile. Moving them into new facili- their loved one will receive from staff economy long after these rebate checks ties is often very traumatic. So we every day. We want Americans to be have been cashed. If we do not do that, have to make sure these residents are able to use this Web site to lodge com- we are going to be back exactly in the transferred appropriately and with the plaints of mistreatment or neglect. place we were before. We need long- time and care deserved. These are simple, effective ideas, and term policies that will encourage sus- This bill would also strengthen train- our bill will make them a reality. tainable economic growth in every cor- ner of this country. ing requirements for nursing staff, by The second area in need of improve- In January, I traveled all around my including dementia and abuse preven- ment is our Government’s system of State on a Main Street tour of Min- tion training as part of the preemploy- nursing home quality enforcement. nesota. We talked about the economic ment training. Under the current system, nursing The Grassley-Kohl bill also requires a challenges facing the people of our homes that are not providing good study on the appropriateness of in- State, but we also talked about the op- care, or—even worse—are putting their creasing training requirements for portunities. Energy was a topic that residents in harms way, can escape nurse aids and supervisory staff. came up everywhere. It came up when penalty from the Government by abus- I am proud to introduce this bill people were filling up their cars and ing a lengthy appeal process, while today, along with the distinguished trucks with gas, and it came up when they slip in and out of compliance with Senator from Wisconsin, Mr. KOHL, the we talked about the opportunities. chairman of the Aging Committee. He Federal regulations. This is unaccept- I visited southwestern Minnesota, and I have a long history of working on able. We need the threat of sanctions which is home to hundreds of large- issues together, particularly for the el- to mean something—and under my bill scale wind turbines, helping to make derly. We will continue to do every- with Senator GRASSLEY, they will. Our Minnesota the Nation’s third largest thing we can to make sure America’s legislation will require that all civil producer of wind energy. Along with nursing home residents receive the safe monetary penalties be collected and ethanol, these wind-energy farms have and quality care they deserve. Increas- placed in an escrow account as soon as spurred a rural economic renaissance ing transparency, improved enforce- they are levied, pending the final reso- in our part of the State. ment tools, and strengthening training lution of any appeal. Financial pen- For example, in 1995, SMI & Hydrau- requirements will go a long way toward alties will be increased for serious lics, Inc., began their business in Por- achieving this goal. quality deficiencies that cause actual ter, MN, primarily as a welding and Mr. KOHL. Mr. President, I rise harm to nursing home residents or put cylinder repair shop for local farmers today to introduce the Nursing Home them in ‘‘immediate jeopardy.’’ and businesses. Today, SMI & Hydrau- Transparency and Improvement Act of In addition, our policy enables regu- lics manufactures the bases for the 2008 with my distinguished colleague, lators to respond effectively when seri- wind towers we sell all across this Senator GRASSLEY. Senator GRASSLEY ous quality problems are evident in country. It just recently expanded its conducted a great deal of valuable order to protect the safety of residents. facility to 100,000 square feet and cre- oversight for nursing homes during his The bill requires that States and facili- ated over 100 new jobs, many of which tenure as Aging Committee chairman ties provide a secure and orderly proc- are traditional manufacturing jobs. from 1997 through 2000, and he con- ess when relocating residents due to a My colleagues have to understand, tinues to make major contributions in nursing home closure. It also proposes these places are like barns. They start- this area today. Working toward higher national demonstrations to promote ed out as farmers’ barns and have ex- standards of nursing home quality is a innovations in information technology panded and expanded as they have been tradition of which I am proud to be a and ‘‘culture change’’ in order to im- able to meet this country’s rising en- part. prove resident care. ergy needs. It is staggering to think that the The Federal Government now spends The success of companies such as most recent major law dictating Fed- $75 billion annually on nursing homes SMI & Hydraulics is not unique to Min- eral standards for quality, for data re- through Medicare and Medicaid, and nesota. Renewable energy has been a porting, and for enforcement was spending is projected to rise as costs bright spot in an otherwise lagging passed in 1987. Twenty-one years later, associated with the boomer generation economy. Last year, the renewable we know that it has spurred important increase. Congress has a responsibility electricity sector pumped more than improvements in the quality of care to demand high-quality services for $20 billion into the U.S. economy, gen- provided in nursing homes. Yet we are residents and accountability from the erating tens of thousands of jobs in far from finished, and there are addi- nursing home industry in return for construction, transportation, and man- tional improvements that need to be this huge investment of public re- ufacturing. made. sources. I urge my colleagues to join Throughout the country, renewable The first is in the area of trans- Senator GRASSLEY and myself in spon- energy has led us down a path toward parency. If consumers can easily tell soring this commonsense piece of legis- new jobs, lower energy bills, and en- which homes have a solid enforcement lation. hanced economic development. That is

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1060 CONGRESSIONAL RECORD — SENATE February 14, 2008 why today I am introducing this bill, make their own large-scale, long-term ing hydro. There are amazing opportu- along with my friends Senator SNOWE capital investments in these tech- nities with geothermal. But we are and Senator CANTWELL, to help lead us nologies. never going to reach the full potential further down the path to a better, Currently, the production tax credit for jobs in this country if we keep cleaner, more prosperous energy fu- and other key energy efficiency tax in- going back and forth, up and down. We ture, with new opportunities for invest- centives are set to expire at the end of have to have a policy that is geared to ment, innovation, and job creation. this year. Our legislation will extend the long term. Our bill, as I said, is called the Amer- these tax incentives for 5 years. I will also say that in visiting with ican Renewable Energy Act. There are To pay for these incentives, the legis- farmers and ranchers around our State, two key elements of this legislation. lation will repeal several tax give- the other thing we need to do—but we First, the American Renewable En- aways that currently go to the major will have to focus on in another bill— ergy Act creates strong, consistent in- oil companies. ExxonMobil shattered is look at creating incentives for indi- centives for private sector investment another record profit, earning $11.7 bil- viduals and small businesses that may in renewable energy resources and lion last quarter and totaling over $40 want to put up their own wind turbine. technology by extending tax incen- billion in profits in 2007. Big oil doesn’t That is a subject for another day, but tives, such as the production tax cred- need these tax incentives, but our rural we have to do everything we can to it, for 5 years. Of course, this covers economies do. promote this renewable energy. wind, solar, geothermal, hydro, and Over the years, the production tax The second element in this legisla- other forms of renewable energy, and credit has been a problem because of tion would provide an additional incen- making sure that is in place so we can its short-term green light-red light na- tive for investment in renewable en- spur the kind of investment that will ture. The cycle begins with strong in- ergy technology and resources. It create jobs and allow us to be on the vestment and growth in the renewable would establish an aggressive, nation- same path other countries around the power industry, thanks to the tax in- wide renewable electricity standard, world are on. centive, but then the investment and one requiring that all electricity pro- Second, the legislation establishes a growth slow down as the tax incentive viders generate or purchase 20 percent national renewable energy standard re- nears expiration and is allowed to of their electricity from renewable quiring that 20 percent of our energy lapse. When the incentive gets re- sources by the year 2025. come from renewable sources, such as stored, the renewable power industry Currently, as I show on this chart wind, solar, and biofuels, by the year takes time to regain its footing, and here, there are 24 States, plus the Dis- 2025. A national renewable energy then experiences strong growth again trict of Columbia, that have renewable standard will create a large market for until the incentive nears expiration electricity standards. Together, these clean sources of energy, reducing glob- again. Up and down, up and down, up States account for more than half of al warming pollution, and strength- and down. It is no way to run a govern- the electricity sales in the United ening our economy. ment policy that should be geared to- States. You can see what these States Let me briefly describe each of these ward creating more jobs in our coun- are doing here. All on their own, the elements. First, the renewable energy try. States have risen to the occasion, and tax incentives. Already the industries In fact, the American Wind Energy said: Well, the Federal Government for solar, wind, and biomass are ex- Association has recently noted that isn’t doing anything, so I guess we will panding at annual rates exceeding 30 the slowdown in wind industry activity do it on our own. percent. But at the same time, we are actually starts about 8 months before no longer the world leader in two im- the tax credit’s expiration date. These California is at 20 percent, Minnesota portant clean energy fields. Even are large-scale, capital-intensive at 27.4 percent by 2025—one of the most though all the technology was devel- projects that often take long years to aggressive standards in the country. oped in our country, we rank third in develop. But uncertainty about the fu- Bipartisan agreement, a Democratic wind power production behind Den- ture of the production tax credit dis- legislature, and a Republican Governor mark and Spain, and we are now third courages project development and in- reached this agreement with our utili- in photovoltaic power installed, behind vestment. Extending the tax credit for ties, including Excel Industry signing Germany and Japan. 5 years would create a much stronger on and not opposing this agreement. Ironically, these countries surpassed incentive and investment environment We have New York at 24 percent, Wis- us largely by adopting technologies for renewable energy development. consin at 10 percent by 2015; 15 percent that had been first developed here in Simply put, a new economic sector is by 2015 for Montana—15 percent by the United States. We came up with emerging. It is one that can shift the 2020. Look at these States along the the right ideas, but we didn’t capitalize Nation’s economy to clean energy pro- way, all over this country, and we are on these incentives by having these in- duction, generation, and use. But with- seeing these standards taking place. novations, by having the right policies out the continued support of tax incen- While Minnesota, Maine, Wash- in place to support their commercial tives to help this emerging industry ington, and other States are already development and rise and support the compete on a level playing field, the headed down the path toward a new jobs that would have come with devel- opportunity will be lost. clean energy economy, the Federal oping the technology. Our foreign com- Over the past few years, the solar en- Government hasn’t even made it to the petition was able to leapfrog over ergy industry has witnessed unprece- trail yet. The Federal Government is American businesses because these dented growth. This growth pumped still stuck in the fossil age. There is a other countries have government-driv- over $2 billion into the U.S. economy famous phrase: ‘‘the laboratories of de- en investment incentives, aggressive and created 6,000 new jobs. Developing mocracy.’’ That is how Supreme Court renewable energy targets, and other solar energy is an economic engine for Justice Louis Brandeis described the bold national policies. our country. From 2006 to 2007, the job special role of States in our Federal What I am proposing with my legisla- base in the solar energy industry grew system. In this model, States are where tion is a package of tax incentives to by 103 percent. Almost all of this new ideas emerge and innovative pro- spur investment in advanced clean growth is directly attributable to the posals are tested. But Brandeis did not technologies to serve the growing mar- solar investment tax credits that are mean for this to serve as an excuse for ket for renewable energy sources. Spe- scheduled to expire at the end of this inaction by the Federal Government. cifically, in the bill Senator SNOWE and year. If we allow these credits to ex- Good ideas and successful innovations Senator CANTWELL and I are intro- pire, those jobs will dry up. We will are supposed to emerge from the lab- ducing today, we want to extend and lose out on creating new companies oratory and serve as a model for na- expand the existing Federal production and we will lose out on creating new tional policy and action. The responsi- tax credit for renewable energy, and I opportunities for clean energy. bility is on us. want to make sure it is a long-term I have focused on wind and solar, but We know what is going on in these credit and businesses will have the there are amazing opportunities in States around the country. The cour- clarity and certainty they need to other renewable energy fields, includ- age we are seeing in the States as they

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1061 seize opportunities offered by renew- never going to get on the path to a new by implementing innovative and able energy should be matched by cour- economic future unless we lead the successful job training efforts and im- age in Washington. I think it is time way, and this is Washington’s time to proving existing tools like the Earned for the Federal Government to follow lead. This is about making America the Income Tax Credit and the Work Op- the lead of Minnesota, Washington, global energy leader instead of the lag- portunity Tax Credit. Maine, and other States around the ger. It is about creating a better econ- In America and my home state of country and adopt a forward-looking omy for the next generation by leading New York there is a growing crisis of renewable energy standard. a whole new industry. It is about not joblessness for African American men. There are many benefits from having being complacent. It is about getting The crisis is profound, persistent and a strong national standard. It would on a new energy path. perplexing. Across the country and in save money for American consumers, I believe an aggressive renewable our own backyard, far too many black as much as $100 billion in lower elec- electricity standard, coupled with men lack an adequate education and tricity and natural gas bills. It would strong tax incentives, leads us down face difficulty finding and keeping aid in the fight against climate change this path. I urge all of my colleagues to work. The numbers are staggering and by preventing well over 3 billion tons support the American Renewable En- getting worse. of carbon dioxide from being emitted ergy Act. Poverty is not new. African Amer- into the atmosphere by 2030. It would ican disadvantage is—sadly—not new. create jobs and increase income across By Mr. KOHL: But now is the time for fresh solutions the country, especially in rural areas. S. 2647. A bill to suspend temporarily and urgent action, especially now that Each large utility-scale wind turbine the duty on fan assisted, plugin, scent- we are facing an economic recession. that goes on line generates over $1.5 ed oil dispensing, electrothermic appli- We know all too well, that when our million in economic activity. Each tur- ances; to the Committee on Finance. economy faces a downturn, the most bine provides about $5,000 in lease pay- Mr. KOHL. Mr. President, I rise vulnerable members of the labor force ments for 20 years or more to farmers, today to introduce legislation that face the greatest challenges in the job ranchers, or other landowners. would temporarily suspend the duty on market. You can see from this chart the job fan assisted, plug-in air fresheners im- My goal today is to both shine a firm creation with this national renewable ported by S.C. Johnson, a company spotlight on a problem has received electricity standard set at 20 percent— headquartered in Racine, WI. scant attention, inadequate resources, 355,000 new jobs, nearly twice as much I understand the importance of man- intermittent focus and poor coordina- as generating electricity from fossil ufacturing and the role it plays in our tion and also to introduce legislation fuels; $72.6 billion in new capital in- everyday lives. It is no secret that the that will offer some solid, practical vestment; $16.2 billion in income to Bush administration has enfeebled the steps forward. To be clear, the provi- farmers, ranchers, and rural land- manufacturing sector, cutting needed sions in the STEP-UP ACT will be open owners; $5 billion in new local tax reve- funding that helps manufacturers stay to all Americans, but the legislation nues. competitive. Since 2001, Wisconsin has contains services and incentives that Then look at these consumer sav- been hit hard, losing over 63,000 manu- are particularly needed among young ings—$49 billion in lower electricity facturing jobs. A healthy manufac- African American men. and natural gas bills; a healthier envi- turing sector is key to better jobs, ris- I am introducing the STEP-UP ACT ronment; reductions in global warming ing productivity and higher standards for several reasons. pollution equal to taking nearly 71 mil- of living. Every individual and industry First, the problem of African Amer- lion cars off the road; less air pollu- depends on manufactured goods. The ican male unemployment is severe and tion, damage to land, and less water production of those goods creates the it is worsening. Consider this: In 2000, use. These are the benefits. quality jobs that keep so many 65 percent of black male high school We pay for it by taking back some of Amerian families healthy and strong. dropouts in their 20’s were jobless—in those tax giveaways we give to those This legislation would suspend the other words not looking or unable to oil companies—ExxonMobil, $11.7 bil- duty on fan assisted, plug-in air fresh- find work—and by 2004, the share had lion in one quarter. So are we going to eners which S.C. Johnson assembles grown to 72 percent ‘‘jobless.’’ That give them more money or try to create and packages in Racine, WI. Currently, translates to almost one out of three 355,000 new jobs in this country? That there is no domestic manufacturer, men. By comparison the rate for white is the choice. which forces S.C. Johnson to import male high school dropouts was 34 I believe the combination of an ag- the product that has a 2.7 percent tar- percent and Hispanic males 19 percent. gressive renewable electricity standard iff. Suspending the tariff will cut pro- Between 1992 and 1999—the greatest and a strong package of tax incentives duction costs, keep jobs at home and economic expansion in our nation’s his- can begin to move our Nation to a new, allow S.C. Johnson to be more competi- tory—the labor force participation of cleaner, and more prosperous energy tive in the global marketplace. young black men actually declined path. It is long overdue. The private S.C. Johnson was created in 1886 as a from 83.5 percent to 79.4 percent. Clear- sector is already beginning to invest in parquet flooring company and today is ly the rising tide did not lift all boats. this energy future, and they are ready one of the world’s leading manufactur- Second, there is an unprecedented to invest more. But our Government ers of household products including need to fill unskilled and semi skilled must provide the right policies and in- Ziploc storage containers, Windex glass jobs across the countries as baby centives so they will be prepared to cleaner, Raid insect repellant, and boomers retire, and there is a large make the large-scale, long-term invest- Glade fragrances. Today, S.C. Johnson supply of jobless black men who could ments that are required to make it employs 3,000 people in Wisconsin and fill them. happen. provides products in more than 110 Third, after much trial and error, we The opportunities are enormous for countries around the world. now have several successful job train- creating new technologies, new indus- ing programs that work, as well as fed- tries, new businesses, and new jobs, By Mr. SCHUMER: eral policy options with a proven track while at the same time promoting our S. 2648. A bill to amend the Work- record of making a real difference in energy independence, strengthening force Investment Act of 1998 to improve the labor force. Yet sadly, while the our national security, and protecting programs carried out through youth programs are finally working, the Fed- our global environment. This piece of opportunity grants, and for other pur- eral funding has gone down by 90 per- legislation, cosponsored by my friends poses; to the Committee on Finance. cent. Senator SNOWE and Senator CANTWELL, Mr. SCHUMER. Mr. President, I rise There is a complex interplay of forces this bipartisan piece of legislation is today to introduce the STEP-UP Act. that led us to this point, and many of about leading the new economy, not The STEP-UP Act is a comprehensive them are familiar culprits such as: fail- following along; not doing countless re- policy solution directed toward fight- ing schools, dysfunctional families, bate checks after rebate checks—which ing unemployment, particularly among high incarceration rates, overt and we need to do right now, but we are less educated African American men, subtle racism, and the decimation of

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1062 CONGRESSIONAL RECORD — SENATE February 14, 2008 manufacturing jobs that typically af- will make this possible. For the past tacking the scourge of unemployment forded opportunities to men. year, I have been working on the meant offering comprehensive services All these political, cultural, eco- STEP-UP Act to do just that. to at risk youth. Preparing young men nomic and personal elements combine Let me tell you about one innovative and women for the workforce has to be to erect a steeplechase of barriers that job training program that was founded more than just teaching someone to is far too difficult to traverse for far in East Harlem but has been replicated touch-type or hammer a nail. A job too many urban black men. successfully throughout the United training program can put anyone into While this is a sensitive subject, States and Europe: its called STRIVE a job, but their efforts will only be suc- there is also a subculture of the street and it offers some good clues on what cessful if we give them a comprehen- that provides easy money and allows makes a job program work. sive skill set and support services. some to eschew personal responsibility. Here is the most important thing you This legislation draws on the But we can’t sit passively by and let need to know about STRIVE: 70 per- strengths of the YO program but that subculture claim another genera- cent of their graduates retain their makes some important modifications tion of these men. The public sector— jobs after 2 years, compared to a 40 per- based on the experience of grantees. on all levels—has an obligation to in- cent city-wide average. I visited them First, programs that receive YO grants tercede. The Reverend Johnny Ray to see firsthand how they do it. It im- will be required to provide ‘‘wrap- Youngblood, a pastor and friend of pressed me so much I brought 3 Sen- around’’ services. This means not only mine from Brooklyn, said it best: ators to visit STRIVE’s offices in workforce training, but also those ‘‘Government has a moral responsi- Washington, DC, and it blew their hair ‘‘soft skills’’ that are so essential to bility to compete against, and win back as well. keeping a job. against, subcultures that are immoral, First, STRIVE’s core program does Secondly, the STEP-UP Act encour- illegal and really inhuman.’’ not begin with teaching participants ages grantees to engage with local re- Let me be clear: there is a host of how to read an account ledger or ham- sources, such as labor organizations, dedicated, even heroic, leaders who mer in a nail. It begins with what they educational institutions, as well as the have been addressing these issues every call ‘‘soft skills’’ like how to dress for private sector. By bringing in private day for years. There are ideas and lead- work, interact with your boss and supe- businesses, we can truly bridge the gap ers out there can turn this problem riors, and accept criticism. Seems obvi- between training and employment. around. However, on the Federal level, ous enough, but for many it is harder Finally, to make sure we don’t travel there has been no comprehensive public than it should be to tell the difference willy-nilly down the same path, we policy response to this situation. We between constructive criticism and a must invest in proven models, we must have allowed the problems of black provocative ‘‘dis’’ that, in the code of track progress and we must make ad- men to grow worse unabated. the street, demands an aggressive reac- justments to improve programs as the Last year, as Chairman of the Joint tion. facts flow in. That is why the STEP-UP Economic Committee, I held a hearing In addition to focusing on those ele- Act mandates strict oversight of job on this very issue. Our witnesses pro- mental ‘‘soft skills,’’ STRIVE provides training programs that will participate vided testimony that vividly illus- intensive follow-up, long-term involve- in the Youth Opportunity Grant pro- trated how devastating this crisis truly ment with additional training opportu- grams. My bill requires the Secretary is. This hearing was an eye-opener for nities, and wrap-around services to ad- of Labor to perform evaluations of par- me and my colleagues. The hearing dress the whole host of obstacles that ticipants after the 24 months and re- also began a dialog in Congress on how black men face when trying to enter port to Congress on the best practices implemented by participants. Too fre- we can move forward legislatively to and remain in the workforce. quently, we have funded job training expand job opportunities and incen- Our current Federal job-training pro- efforts but we have not demanded re- tives for African American men. gram—the Workforce Investment Act— I believe there is a rare confluence of WIA—has been steadily underfunded in sults. The Department of Labor needs forces that should be exploited—now— recent years. To give a sense of how to dedicate themselves to under- to ramp up efforts to aggressively at- much we have walked away from such standing what programs work best and why. tack the plight of jobless black men. initiatives, in 1978 we spent $9.5 billion To summarize for a moment: we The American labor force is in transi- on jobs programs—$30 billion in today’s know the jobs are out there for young tion and therein lies the opportunity. dollars. In 2007 we spent only $5.1 bil- black men, we know there are training By 2010 as many as 64 million Ameri- lion. On top of that, WIA does not man- programs that work, so what’s the cans from the generations born before date or even encourage the STRIVE missing link? The missing link is en- and after World War II will approach model. The WIA program hasn’t been suring that work pays well enough to retirement age. Over this period we reauthorized since it expired in 2003 help lure young men into the work- will be losing 20 percent of our entire and it needs to be updated to incor- force. workforce—a turnover rate the likes of porate the lessons of STRIVE. Given the limited earning potential which our country has never experi- My bill, the STEP-UP Act, moves our for many young African American enced. job training agenda closer to the males, there can be a lot of bottom line Many of the new jobs I am speaking STRIVE model. If we can duplicate reasons not to work in the formal econ- about don’t require college degrees, some semblage of STRIVE’s 70 percent omy. Working a tough job in a ware- many are entry level, but many can success rates—which they have dupli- house for $7 an hour would put less pay upwards of $40,000 with benefits. cated in 22 locations around the coun- than $300 a week and around $13,000 a And the best part is, they can’t be try—we can begin to really move the year in your pocket. In 2008, those outsourced or downsized—because employment needle in the right direc- wages don’t go too far. they’re crucial to keeping cities work- tion. We need to make work pay for Afri- ing. A nurse, welder, mechanic or long- The STEP-UP Act reauthorizes fund- can American men. haul commercial driver doesn’t do us ing for the Youth Opportunity Pro- The STEP-UP Act offers an economic any good if he or she is working in gram, YO, which was originally estab- incentive to join the workforce Bangalore. We have never before had lished in 1998 to provide grants to pro- through a targeted expansion of the such a clear picture of where the jobs grams that offer intensive job training Earned Income Tax Credit, EITC. My will be—or what we have to do to con- and placement services for hard-to- bill doubles the current credit from nect our struggling young people to serve youth between the ages of 16 to $438 up to $875. Effectively, this broad- them. 24. When it was created, the YO pro- ens the scope of the credit and you will What we need to do now is ensure gram was meant to be the ‘‘model’’ job be able to receive some credit up until that black men have access to the best, training program, the shining star in a your income reaches $22,880. For some- most successful job training programs system replete with false starts and one without kids or a family to sup- that can prepare them for these jobs. failed efforts. It drew on the best prac- port, the extra money you would get After years of trying, I believe there is tices from a generation of previous job from this program would make a real a new paradigm for job training that training efforts, understanding that at- difference.

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1063 The second thing my bill does is ex- Not only must it be a moral imperative ‘‘SEC. 169. YOUTH OPPORTUNITY GRANTS. tend the EITC to those low-wage earn- that we give more opportunity to Afri- ‘‘(a) GRANTS.— ers who have kids and are current on can American men, it must be a na- ‘‘(1) IN GENERAL.—Using funds made avail- able under subsection (j), the Secretary shall their child support payments. There tional imperative to keep our country make grants to eligible local boards de- are lots of men out there who really competitive in the 21st century. I ask scribed in subsection (c) and eligible entities want to work and do right by their my colleagues to join me in this effort described in subsection (d) to carry out pro- families. It can be an uphill battle for and take this initial step towards suc- grams that provide activities described in them, but many find a way to make it cess. subsection (b) for youth and young adults. happen. Mr. President, I ask unanimous con- The boards and entities shall carry out the Considering that about a third of sent that the text of the bill be printed programs to increase the long-term employ- low-income noncustodial fathers na- ment of youth and young adults who seek as- in the RECORD. sistance and who live in empowerment zones, tionwide are black, a federal EITC ex- There being no objection, the text of enterprise communities, or high poverty pansion could have a big impact for the bill was ordered to be printed in areas. them. Here is how my bill does it: If the RECORD, as follows: ‘‘(2) DEFINITION.—In this section: you are a dad paying your child sup- S. 2648 ‘‘(A) HARD-TO-SERVE YOUNG ADULT.—The term ‘hard-to-serve young adult’ means an port, the existing childless tax credit is Be it enacted by the Senate and House of Rep- individual who is— quadrupled from $438 to $1,719 a year. resentatives of the United States of America in ‘‘(i) not less than age 25 and not more than This is still much smaller than the Congress assembled, age 30; and credit a family with one child will re- SECTION 1. SHORT TITLE. ‘‘(ii)(I) an unemployed individual; ceive, which is $2,917 in 2008. This Act may be cited as the ‘‘Supporting ‘‘(II) a school dropout; Let me be clear: enhancing the EITC Training and Employment Potential for Un- ‘‘(III) an individual who has not received a is not just about getting men working deremployed Populations Act’’ or the ‘‘STEP secondary school diploma or its recognized but about strengthening families, and UP Act’’. equivalent; encouraging low-income fathers to ful- TITLE I—YOUTH OPPORTUNITY GRANT ‘‘(IV) an ex-offender; or fill their parenting responsibilities and PROGRAM ‘‘(V) a noncustodial parent with a child support obligation. stay current on their child support SEC. 101. FINDINGS. ‘‘(B) YOUTH OR YOUNG ADULT.—The term Congress finds the following: payments. Studies have documented a ‘youth or young adult’ means an individual (1) Finding employment that provides direct correlation between fathers who who is not less than age 14 and not more steady income and a career track is a prob- pay child support and their involve- than age 30. lem for young, undereducated men and ‘‘(3) GRANT PERIOD.—The Secretary may ment in their children’s lives. If we can women who lack educational credentials and make a grant under this section for a 2-year get men working and they become a are disconnected from the labor market. period, and may renew the grant for each of positive force in the lives of their sons (2) That problem is particularly acute for the 3 succeeding years. and daughters, we will have achieved young African-American men. In 2006, over ‘‘(4) GRANT AWARDS.—In making grants 1 two very worthy objectives. ⁄5, or 21.8 percent, of black men ages 16 under this section, the Secretary shall en- The Earned Income Tax Credit is just through 24 were unemployed. This is roughly sure that grants are distributed equitably one example of a tax incentive that double the unemployment rate for all young among local boards and entities serving translates to real dollars for working men (11.2 percent). urban areas and local boards and entities families. Another issue that I want to (3) Even over a period of relative economic serving rural areas, taking into consider- growth, employment for disconnected Afri- ation the poverty rate in such urban and address is the problem of keeping peo- can-American men has declined. In 1999, 65 ple in the workforce. Too many men rural areas, as described in subsection percent of African-American male high (c)(3)(B). are cycling in and out of employment. school dropouts were jobless and not looking ‘‘(b) USE OF FUNDS.— We need to make steady employment for work. In 2004, that rate had risen to 72 ‘‘(1) IN GENERAL.—A local board or entity pay. percent. that receives a grant under this section shall The Work Opportunity Tax Credit, or (4) The Youth Opportunity Grant Program use the funds made available through the WOTC, is one incentive that I think was established in the Workforce Investment grant to provide job training and employ- needs to be strengthened and modified. Act of 1998 to provide intensive job training ment activities and related services, includ- Currently, WOTC is only a credit for and placement activities as well as other ing— educational, social, and recreational services ‘‘(A) activities that meet the requirements employers, and at its maximum it is to at-risk, hard-to-serve youth. worth $2,400 if the worker is employed of section 129; (5) The Youth Opportunity Grant Program ‘‘(B) youth development activities such as for 400 hours or more. So if a worker built upon the most promising strategies of activities relating to leadership develop- making $7 an hour stays on the job for previous demonstration programs that ment, citizenship, and re-entry from the jus- about 5 months, then his employer gets strongly suggest the effectiveness of inten- tice and juvenile justice systems, commu- the maximum credit, but he does not sive case management and follow-up services nity service, and recreation activities; and receive anything for hitting this bench- in assisting disconnected young men and ‘‘(C)(i) workforce preparation and attitu- mark. women in finding long-term employment. dinal training; (6) By reauthorizing and refining the ‘‘(ii) sector-specific skills training as de- The STEP-UP Act expands WOTC to Youth Opportunity Grant Program, Congress include employees so that it is not only scribed in subsection (f)(1)(D); could help make strides against those seri- ‘‘(iii) educational completion services, in- an employer credit, and to maximize ous problems faced by both young African- cluding classes that lead to a secondary its potential over time. Specifically, American men and other disconnected school diploma or its recognized equivalent once a worker has reached 1,500 hours youth. (and programs to prepare for such a class), on the job, or 52 weeks, both the em- (7) Over the course of the Youth Oppor- remedial reading and mathematics classes ployer and employee should get a $500 tunity Grant Program, 36 localities with (including classes to prepare an individual to credit. We need to encourage employ- high poverty rates received funding through read and do mathematics at a college level), grants. The Youth Opportunity Grant Pro- and skills certification and credentialing ers to really invest in their workers gram was effective in assisting hard-to-reach and to ensure that workers are staying programs; populations. The Department of Labor esti- ‘‘(iv) access to internships, transitional on the job. mates that 42 percent of the eligible youth jobs, work experience, and nontraditional Today I am asking my colleagues on and 62 percent of the eligible out-of-school employment opportunities; both sides of the aisle to carefully con- youth in the target areas enrolled in the ‘‘(v) access to other services either directly sider this legislation. Given the sever- Youth Opportunity Grant Program. or through an organization that enters into ity of the African American jobless (8) Further understanding of the successes a strategic partnership described in sub- problem and the unprecedented oppor- of, challenges faced by, and shortcomings of, section (e) with the local board or entity, in- tunity that will result from the mass the Youth Opportunity Grant Program in cluding parenting classes for fathers and the past, and in the future, will require ex- mothers, financial literacy services, services retirement of workers from the post tensive evaluation and study by the Depart- war generation, shame on us if we do to improve health care (and mental health ment of Labor. care) treatment and access, and services to not figure out how to take action to SEC. 102. YOUTH OPPORTUNITY GRANTS. improve access to affordable housing and put people who want to work into jobs Section 169 of the Workforce Investment shelter; and that pay. It is up to us to align these Act of 1998 (29 U.S.C. 2914) is amended to read ‘‘(vi) assistance in obtaining the earned in- tools and make them work. We must. as follows: come credit under section 32 of the Internal

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1064 CONGRESSIONAL RECORD — SENATE February 14, 2008 Revenue Code of 1986 and obtaining benefits ‘‘(i) the local board; and board or entity in carrying out the activities through government entitlement programs, ‘‘(ii) 1 or more entities described in para- described in subsection (b). Each local per- such as the Medicaid program under title graph (1)(B). formance measure shall consist of such an XIX of the Social Security Act (42 U.S.C. 1396 ‘‘(f) APPLICATION.—To be eligible to receive indicator of performance, and a performance et seq.) and unemployment compensation a grant under this section, a local board or level referred to in paragraph (2). programs, as well as other State and local entity shall submit an application (individ- ‘‘(2) PERFORMANCE LEVELS.—The Secretary entitlement programs that may be applica- ually or as part of a strategic partnership de- shall negotiate and reach agreement with ble. scribed in subsection (e)) to the Secretary at the local board or entity regarding the— ‘‘(2) INTENSIVE PLACEMENT AND FOLLOW-UP such time, in such manner, and containing ‘‘(A) overall performance levels expected to SERVICES.—In providing activities under this such information as the Secretary may re- be achieved by the local board or entity on section, a local board or entity shall pro- quire, including— the indicators of performance; and vide— ‘‘(1)(A) a description of the activities that ‘‘(B) separate performance levels for those ‘‘(A) intensive placement services; and the local board or entity will provide under indicators for the performance of the board ‘‘(B) follow-up services, including case this section to youth and young adults in the or entity— management, every 2 months for not less community described in subsection (c) or (d); ‘‘(i) regarding participants in the activities than 24 months after the completion of par- ‘‘(B) a description of the strategic partner- who are not less than age 14 and not more ticipation in the other activities described in ship referred to in subsection (e), if any, that than age 24; and this subsection, as appropriate. the applicant intends to enter into to pro- ‘‘(ii) regarding participants in the activi- ‘‘(3) LIMITATION ON USE FOR HARD-TO-SERVE vide activities under this section; ties who are not less than age 25 and not YOUNG ADULTS.—The local board or entity ‘‘(C)(i) information describing how the ap- more than age 30. shall not use more than 25 percent of the plicant will coordinate the planning and im- ‘‘(3) EVALUATIONS AND REPORTS.— funds made available through the grant to plementation of the activities to be carried ‘‘(A) EVALUATIONS.— provide activities for hard-to-serve young out under the grant with entities serving ‘‘(i) EVALUATIONS OF PRIOR ACTIVITIES.— adults. youth in the community involved, including Not later than 2 years after the date of en- ‘‘(c) ELIGIBLE LOCAL BOARDS.—To be eligi- the one-stop operator and one-stop partners actment of the Supporting Training and Em- ble to receive a grant under this section, a in the local workforce investment system, ployment Potential for Underemployed Pop- local board shall serve a community that— educational institutions including institu- ulations Act, the Secretary shall complete ‘‘(1) has been designated as an empower- tions of higher education, child welfare agen- the evaluations described in paragraph (1) of ment zone or enterprise community under cies, entities in the juvenile justice system, local boards and entities, using performance section 1391 of the Internal Revenue Code of foster care agencies, and such other commu- measures with overall performance levels de- 1986; nity-based organizations as may be appro- scribed in paragraph (2)(A), concerning ac- ‘‘(2)(A) is a State without a zone or com- priate; and tivities carried out under subsection (b) prior munity described in paragraph (1); and ‘‘(ii) a statement of need for the commu- to that date of enactment. ‘‘(B) has been designated as a high poverty nity; ‘‘(ii) EVALUATIONS OF NEW ACTIVITIES.—Not area by the Governor of the State; or ‘‘(D) information identifying employment later than 2 years after a local board or enti- ‘‘(3) is 1 of 2 areas in a State that— sectors in the local and regional economy ty receives a grant under this section after ‘‘(A) have been designated by the Governor that could employ youth and young adults that date of enactment, the Secretary shall as areas for which a local board may apply served under the grant and a plan to provide conduct the evaluations described in para- for a grant under this section; and sector-specific skills training for jobs in graph (1) of that local board or entity, using ‘‘(B) meet the poverty rate criteria set those sectors and employment opportunities performance measures with overall perform- forth in subsections (a)(4), (b), and (d) of sec- in those sectors; and ance levels described in paragraph (2)(A) and tion 1392 of the Internal Revenue Code of ‘‘(E) information identifying the specific performance measures with separate per- 1986. role, if any, that private sector employers in formance levels described in paragraph ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to growing employment sectors in the local and (2)(B). receive a grant under this section, an entity regional economy will play in that plan, in- ‘‘(iii) COMPARISON GROUPS.—The evalua- (other than a local board) shall— cluding information describing their skills tions conducted under this paragraph shall ‘‘(1) be a recipient of financial assistance training curricula and job placement pro- include evaluations of carefully matched under section 166; and grams; comparison groups. ‘‘(2) serve a community that— ‘‘(2) a description of the performance meas- ‘‘(B) REPORTS.—The Secretary shall pre- ‘‘(A) meets the poverty rate criteria set ures negotiated under subsection (h), and the pare a report, based on the evaluations de- forth in subsections (a)(4), (b), and (d) of sec- manner in which the local boards or entities scribed in subparagraph (A)(i), that contains tion 1392 of the Internal Revenue Code of will carry out the activities to meet the per- the baseline data obtained and that begins to 1986; and formance measures; detail the best practices of recipients of ‘‘(B) is located on an Indian reservation or ‘‘(3) a description of the manner in which grants under this section throughout the Na- serves Oklahoma Indians, or Native villages the activities will be linked to activities de- tion. The Secretary shall prepare an annual or Native groups (as such terms are defined scribed in section 129; and report, based on the evaluations described in in section 3 of the Alaska Native Claims Set- ‘‘(4) a description of the community sup- subparagraph (A)(ii), that contains the data tlement Act (43 U.S.C. 1602)). port, including financial support through obtained and that details the best practices ‘‘(e) STRATEGIC PARTNERSHIPS.— leveraging additional public and private re- of recipients of grants under this section ‘‘(1) LOCAL BOARDS.—An eligible local sources, for the activities. throughout the Nation, with attention to board may— ‘‘(g) CONSIDERATION.—In making grants how different activities impact both dif- ‘‘(A) work independently to provide activi- under this section, the Secretary shall give ferent demographic sectors of the population ties under this section; or special consideration to a local board or en- and different age groups in the population. ‘‘(B) enter into a strategic partnership to tity that submits an application under sub- ‘‘(4) USE.—If the Secretary, in conducting provide activities under this section with 1 section (f) as part of a strategic partnership evaluations under paragraph (3), determines or more entities consisting of— described in subsection (e) that includes a that a local board or entity fails to meet the ‘‘(i) a community-based job training pro- private sector employer if the employer performance measures for 2 fiscal years, the vider who is an eligible provider identified in agrees to— local board or entity shall not be eligible to accordance with section 122(e)(3), or another ‘‘(1) commit to hire youth and young receive a grant under this section for a sub- provider selected by the local board; adults who complete the program carried out sequent fiscal year. ‘‘(ii) State or local government entities; under the grant involved; ‘‘(i) INCENTIVES FOR BUSINESS PARTNERS.— ‘‘(iii) labor organizations; ‘‘(2) provide personnel, facilities, equip- The Secretary shall establish a plan to in- ‘‘(iv) other entities described in the state- ment, and a skills training curriculum for crease the availability of bonds through the ment of need required by subsection (f)(1)(C); the program; Federal Bonding Program carried out ‘‘(v) private sector employers; ‘‘(3) provide internships, mentoring, and through the Employment and Training Ad- ‘‘(vi) educational institutions, including apprenticeship opportunities for participants ministration to employers that are partners secondary schools (which may be public in the program; or in the programs carried out under this sec- schools, parochial schools, or other private ‘‘(4) provide funding, scholarships, and ac- tion. schools) or community colleges; or cess to specified employer-based resources ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(vii) entities in the judicial system, enti- for the program. There is authorized to be appropriated to ties in the juvenile justice system, or organi- ‘‘(h) PERFORMANCE MEASURES.— carry out this section $250,000,000 for fiscal zations representing probation and parole of- ‘‘(1) IN GENERAL.—The Secretary shall ne- year 2008 and each subsequent fiscal year.’’. ficers. gotiate and reach agreement with the local SEC. 103. CONFORMING AMENDMENTS. ‘‘(2) ENTITIES.—An eligible entity may— board or entity on performance measures, for Section 127 of the Workforce Investment ‘‘(A) work independently to provide activi- the indicators of performance referred to in Act of 1998 (29 U.S.C. 2852) is amended— ties under this section; or subparagraphs (A) and (B) of section (1) in subsection (a)(1)— ‘‘(B) enter into a strategic partnership to 136(b)(2), that will be used under paragraph (A) by striking ‘‘sections’’ and inserting provide activities under this section with— (3) to evaluate the performance of the local ‘‘section’’; and

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1065 (B) by striking ‘‘and 169’’ and all that fol- ‘‘(I) the earned income amount is $8,890, ‘‘(B) by substituting ‘2-year averaged lows and inserting ‘‘; and’’; and and earned income’ for ‘earned income’ in para- (2) in subsection (b)(1)(A)— ‘‘(II) the phaseout amount is $11,610, and graph (2)(B) thereof. (A) in clause (i), by striking ‘‘provide ‘‘(iii) in the case of an eligible individual ‘‘(2) 2-YEAR AVERAGED EARNED INCOME.—For youth opportunity’’ and all that follows with no qualifying children— purposes of this subsection, the term ‘2-year through ‘‘grants) and’’; and ‘‘(I) the earned income amount is $4,220, averaged earned income’ means, with respect (B) by striking clause (iv). and to any taxable year, the average of— TITLE II—EARNED INCOME TAX CREDIT ‘‘(II) the phaseout amount is 200 percent of ‘‘(A) the taxpayer’s earned income for such ENHANCEMENT the dollar amount applicable under sub- taxable year, and SEC. 201. SHORT TITLE. clause (I).’’. ‘‘(B) the taxpayer’s earned income for the This title may be cited as the ‘‘Earned In- (c) INCREASED CREDIT FOR CERTAIN INDIVID- preceding taxable year.’’. come Tax Credit Enhancement Act of 2007’’. UALS WITHOUT QUALIFYING CHILDREN.— (f) EFFECTIVE DATE.—The amendments SEC. 202. FINDINGS. (1) IN GENERAL.—Paragraph (1) of section made by this section shall apply to taxable Congress finds the following: 32(b) of the Internal Revenue Code of 1986 is years beginning after December 31, 2007. (1) The earned income tax credit is consid- amended by striking subparagraphs (B) and SEC. 204. CARRYBACK AND CARRYFORWARD OF ered one of the most successful antipoverty (C) and inserting the following: STANDARD DEDUCTION AND PER- SONAL EXEMPTION DEDUCTIONS. programs in the United States. Previous ex- ‘‘(B) INCREASED CREDIT FOR CERTAIN INDI- (a) STANDARD DEDUCTION.—Section 63 of pansions of the earned income tax credit in VIDUALS WITHOUT QUALIFYING CHILDREN.—In the Internal Revenue Code of 1986 (relating the 1990s were instrumental in lifting fami- the case of an eligible individual described in to taxable income defined) is amended by lies, especially single parents, out of poverty subparagraph (C), the credit percentage adding at the end the following new sub- by increasing income and building assets. under subparagraph (A) shall be 30.6 percent. section: (2) However, the earned income tax credit ‘‘(C) ELIGIBLE INDIVIDUAL DESCRIBED.—An ‘‘(g) CARRYBACK AND CARRYFORWARD OF DE- provides little assistance for childless work- eligible individual is described in this sub- DUCTIONS FOR INDIVIDUALS WHO DO NOT ers and noncustodial parents. The credit for paragraph with respect to a taxable year if— ITEMIZE.— childless workers is only 15 percent of the ‘‘(i) with respect to such eligible individual ‘‘(1) IN GENERAL.—In the case of an eligible credit for a worker with 1 child. for the taxable year, another individual— taxpayer, if the sum of the deductions de- (3) Increasing the maximum earned income ‘‘(I) bears a relationship to the eligible in- scribed in subsection (b) exceeds the amount tax credit amount for childless workers dividual described in section 152(c)(2), of the adjusted gross income of such tax- would help to lift more individuals out of ‘‘(II) meets the requirements of section payer for such taxable year (hereinafter in poverty and mirror the successful credit ex- 152(c)(3), and this subsection referred to as the ‘unused de- pansion of the 1990s. Additionally, lowering ‘‘(III) has the same principal place of abode duction year’), such excess may be— the age of eligibility will extend this impor- as the eligible individual for less than one- tant credit to the growing population of half of such taxable year, ‘‘(A) carried back to the preceding taxable young adults living in poverty. ‘‘(ii) such eligible individual is required to year, and (4) Although the effectiveness of the work make child support payments with respect to ‘‘(B) carried forward to each of the 2 tax- opportunity tax credit has come under scru- the individual described in clause (i), and able years following the unused deduction tiny, the credit is limited in scope. The cred- ‘‘(iii) such eligible individual has made all year it is only available to employers and offers such required child support payments during ‘‘(2) AMOUNT CARRIED TO EACH YEAR.— no benefits to employees to encourage job re- the taxable year. ‘‘(A) ENTIRE AMOUNT CARRIED TO FIRST tention. Additionally, the credit only ad- YEAR.—The entire amount of the unused de- For purposes of clause (iii), an eligible indi- duction for an unused deduction year shall dresses short-term job retention, not long- vidual shall be treated as having made all re- term employment. be carried to the earliest of the 3 taxable quired child support payments during a tax- years to which (by reason of paragraph (1)) (5) Expanding the work opportunity credit able year if such eligible individual has made to employees and increasing the time period such deduction may be carried. child support payments in an amount not ‘‘(B) AMOUNT CARRIED TO OTHER 2 YEARS.— of the credit’s availability could provide less than the total amount of child support greater incentives for employees to stay in The amount of the unused deduction for the payments required for such eligible indi- unused deduction year shall be carried to their jobs and for employers to retain these vidual for such taxable year.’’. workers over long-term periods. each of the other 2 taxable years to the ex- (2) NOTIFICATION OF FAILURE TO PAY CHILD tent that such unused deduction may not be SEC. 203. ENHANCEMENTS TO EARNED INCOME SUPPORT.—Section 464(b) of the Social Secu- TAX CREDIT. used for a prior taxable year because of the rity Act (42 U.S.C. 664(b)) is amended by add- (a) CREDIT ALLOWED FOR CERTAIN CHILD- amount of adjusted gross income of the tax- ing at the end the following new paragraph: LESS INDIVIDUALS OVER AGE 18.— payer for such taxable year. ‘‘(3) The Secretary shall use notices of (1) IN GENERAL.—Subclause (II) of section ‘‘(3) ELIGIBLE TAXPAYER.—For purposes of past-due support under this section in ad- 32(c)(1)(A)(ii) of the Internal Revenue Code of this subsection, the term ‘eligible taxpayer’ 1986 (relating to eligible individual) is ministering the earned income tax credit means, with respect to any taxable year, a amended by striking ‘‘age 25’’ and inserting under section 32 of the Internal Revenue taxpayer with respect to whom a credit ‘‘age 21’’. Code of 1986 for eligible individuals described under section 32 is allowable for such taxable in subsection (b)(1)(C) of such section. The (2) EXCEPTION FOR FULL-TIME STUDENTS.— year.’’. Paragraph (1) of section 32(c) of such Code is regulations promulgated pursuant to this (b) EFFECTIVE DATE.—The amendment amended by adding at the end the following subsection shall require States to submit made by this section shall apply to taxable new subparagraph: such notices at a time adequate to allow the years beginning after the date of the enact- ‘‘(G) EXCEPTION FOR FULL TIME STUDENTS.— Secretary to properly administer such credit ment of this Act. The term ‘eligible individual’ shall not in- for such individuals.’’. SEC. 205. ADVANCED REFUNDABLE CREDIT FOR clude any individual described in subpara- (d) REPEAL OF EGTRRA SUNSET.—Section MEMBERS OF TARGETED GROUPS. graph (A)(ii) if such individual has not at- 901 of the Economic Growth and Tax Relief (a) ALLOWANCE OF CREDIT.— tained the age of 25 before the close of the Reconciliation Act of 2001 (relating to sunset (1) IN GENERAL.—Subpart C of part IV of taxable year and is a full time student for provisions) shall not apply to the amend- subchapter A of chapter 1 of the Internal more than one half of such taxable year.’’. ments made by section 303 of such Act (relat- Revenue Code of 1986 (relating to refundable (b) MODIFICATION OF CREDIT AMOUNT FOR ing to marriage penalty relief for earned in- credits) is amended by redesignating section INDIVIDUALS WITHOUT QUALIFYING CHIL- come credit; earned income to include only 36 as section 37 and by inserting after section DREN.— amounts includible in gross income; sim- 35 the following new section: (1) MODIFICATION OF CREDIT PERCENTAGE.— plification of earned income credit). ‘‘SEC. 36. EMPLOYMENT CREDIT FOR MEMBERS The last row in the table in section (e) ELECTION TO AVERAGE EARNED IN- OF TARGETED GROUPS. 32(b)(1)(A) of the Internal Revenue Code of COME.—Paragraph (2) of section 32(c) of the ‘‘(a) ALLOWANCE OF CREDIT.—In the case of 1986 is amended by striking ‘‘7.65’’ in the Internal Revenue Code of 1986 is amended by an eligible individual, there shall be allowed middle column and inserting ‘‘15.30’’. adding at the end the following new sub- as credit against the tax imposed by this (2) MODIFICATION OF PHASEOUT AMOUNT.— section: title for the taxable year an amount equal to Subparagraph (A) of section 32(b)(2) of such ‘‘(n) ELECTION TO AVERAGE EARNED IN- $500. Code is amended to read as follows: COME.— ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(1) IN GENERAL.—Under rules established this section— (B)— by the Secretary, in the case of an eligible ‘‘(1) IN GENERAL.—The term ‘eligible indi- ‘‘(i) in the case of an eligible individual individual who has made an election under vidual’ means an individual who is a member with 1 qualifying child— this subsection, subsection (a) shall be ap- of a targeted group and— ‘‘(I) the earned income amount is $6,330, plied— ‘‘(A) who— and ‘‘(A) by substituting ‘the taxpayer’s 2-year ‘‘(i) has worked exactly 1,500 hours for an ‘‘(II) the phaseout amount is $11,610, averaged earned income’ for ‘the taxpayer’s employer during any period beginning on the ‘‘(ii) in the case of an eligible individual earned income for the taxable year’ in para- date such individual was hired and ending with 2 or more qualifying children— graph (1) thereof, and with or within the taxable year, and

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1066 CONGRESSIONAL RECORD — SENATE February 14, 2008

‘‘(ii) was continuously employed by such ‘‘(b) ELIGIBLE EMPLOYEE.—For purposes of SEC. 206. MODIFICATIONS TO WORK OPPOR- employer during such period, or this section, the term ‘eligible employee’ TUNITY CREDIT. ‘‘(B) who— means, with respect to any payroll period, an (a) EXPANSION TO YOUTH OPPORTUNITY PRO- ‘‘(i) began work with an employer during individual— GRAM PARTICIPANTS, WIA YOUTH ACTIVITY any 52-week period ending with or within ‘‘(1) who is an eligible individual (as de- PARTICIPANTS, AND YOUNG OFFENDERS.— such taxable year, and fined by section 36(b)), and (1) IN GENERAL.—Paragraph (1) of section ‘‘(ii) was continuously employed by such ‘‘(2) with respect to whom an eligibility 51(d) of the Internal Revenue Code of 1986 (re- employer during such 52-week period. certificate under this section is in effect. lating to members of targeted groups) is ‘‘(2) MEMBER OF A TARGETED GROUP.—The amended by striking ‘‘or’’ at the end of sub- ‘‘(c) ELIGIBILITY CERTIFICATE.—For pur- term ‘member of a targeted group’ has the paragraph (H), and by adding at the end the poses of this title, an eligibility certificate meaning given such term under section 51(d). following new subparagraph: under this section is a statement furnished ‘‘(c) SPECIAL RULES.—For purposes of sub- ‘‘(J) a youth opportunity program partici- by an employee to the employer which— section (a)— pant, ‘‘(1) certifies that the employee is a mem- ‘‘(1) only 1 employer may be taken into ac- ‘‘(K) a qualified WIA youth activity partic- ber of a targeted group (as defined in section count with respect to any eligible individual ipant, or 51(d)), for any taxable year, and ‘‘(L) a qualified young offender.’’. ‘‘(2) certifies that the employee does not ‘‘(2) an individual may not be treated as an (2) DEFINITIONS.—Subsection (d) of section have an eligibility certificate under this sec- eligible individual more than once with re- 51 of the Internal Revenue Code of 1986 is tion in effect for the calendar year with re- spect to any employer. amended by redesignating paragraphs (11), spect to the payment of wages by another (12), and (13) as paragraphs (14), (15), and (16), For purposes of this subsection, rules similar employer, and respectively, and by inserting after para- to the rules of subsections (a) and (b) of sec- ‘‘(3) contains such other information as the graph (10) the following new paragraph: tion 52 shall apply. Secretary may require. ‘‘(d) COORDINATION WITH ADVANCE PAY- ‘‘(11) YOUTH OPPORTUNITY PROGRAM PARTICI- MENTS.— ‘‘(d) PAYMENTS TO BE TREATED AS PAY- PANT.—The term ‘youth opportunity pro- ‘‘(1) RECAPTURE OF EXCESS ADVANCE PAY- MENTS OF WITHHOLDING AND FICA TAXES.— gram participant’ means an individual who MENTS.—If any payment is made to the indi- ‘‘(1) IN GENERAL.—For purposes of this is certified by an eligible local board or eligi- vidual by an employer under section 3511 title, payments made by an employer under ble entity (as such board and entity are de- during any calendar year, then the tax im- subsection (a) to his employees for any pay- scribed in section 169 of the Workforce In- posed by this chapter for the individual’s roll period— vestment Act of 1998)— last taxable year beginning in such calendar ‘‘(A) shall not be treated as the payment of ‘‘(A) as having completed a program car- year shall be increased by the aggregate compensation, and ried out under that section, and amount of such payments. ‘‘(B) shall be treated as made out of— ‘‘(B) as having a hiring date which is not ‘‘(2) RECONCILIATION OF PAYMENTS AD- ‘‘(i) amounts required to be deducted and more than 1 year after the last date on which VANCED AND CREDIT ALLOWED.—Any increase withheld for the payroll period under section such individual completed such a program. in tax under paragraph (1) shall not be treat- 3401 (relating to wage withholding), and ‘‘(12) QUALIFIED WIA YOUTH ACTIVITY PAR- ed as tax imposed by this chapter for pur- ‘‘(ii) amounts required to be deducted for TICIPANT.—The term ‘qualified WIA youth poses of determining the amount of any cred- the payroll period under section 3102 (relat- activity participant’ means any individual it (other than the credit allowed by sub- ing to FICA employee taxes), and who is certified by a designated local agen- section (a)) allowed under this part. ‘‘(iii) amounts of the taxes imposed for the cy— ‘‘(e) COORDINATION WITH CERTAIN MEANS payroll period under section 3111 (relating to ‘‘(A) as an eligible youth (as defined in sec- TESTED PROGRAMS.—For purposes of— FICA employer taxes), tion 101 of the Workforce Investment Act of ‘‘(1) the United States Housing Act of 1937, as if the employer had paid to the Secretary, 1998) who— ‘‘(2) title V of the Housing Act of 1949, on the day on which the wages are paid to ‘‘(i) is not less than age 18 and not more ‘‘(3) section 101 of the Housing and Urban the employees, an amount equal to such pay- than age 21, and Development Act of 1965, ments. ‘‘(ii) has been enrolled in or has received a ‘‘(4) sections 221(d)(3), 235, and 236 of the ‘‘(2) ADVANCE PAYMENTS EXCEED TAXES youth activity (as so defined) under chapter National Housing Act, and DUE.—In the case of any employer, if for any 4 of subtitle B of title I of such Act, and ‘‘(5) the Food Stamp Act of 1977, payroll period the sum of the aggregate ‘‘(B) as having a hiring date which is not any refund made to an individual (or the amount of payments under subsection (a) more than 1 year after the last date on which spouse of an individual) by reason of this sec- plus any amount paid under section 3507 ex- such individual was so enrolled or so re- tion, and any payment made to such indi- ceeds the sum of the amounts referred to in ceived such activity. vidual (or such spouse) by an employer under paragraph (1)(B), each such advance payment ‘‘(13) QUALIFIED YOUNG OFFENDER.—The section 3511, shall not be treated as income shall be reduced by an amount which bears term ‘qualified young offender’ means any (and shall not be taken into account in de- the same ratio to such excess as such ad- individual who is certified by a designated termining resources for the month of its re- vance payment bears to the aggregate local agency— ceipt and the following month).’’. amount of all such advance payments. ‘‘(A) as being not less than age 18 and not (2) CONFORMING AMENDMENTS.— ‘‘(3) EMPLOYER MAY MAKE FULL ADVANCE more than age 21, (A) Section 1324(b)(2) of title 31, United PAYMENTS.—The Secretary shall prescribe ‘‘(B) as having been convicted of a mis- States Code, is amended by inserting before regulations under which an employer may demeanor, and the period at the end ‘‘, or enacted by section elect (in lieu of any application of paragraph ‘‘(C) as having a hiring date which is not 204 of the Earned Income Tax Credit En- (2))— more than 1 year after the last date on which hancement Act of 2007’’. ‘‘(A) to pay in full all amounts under sub- such individual was so convicted or was re- (B) The table of sections for subpart A of section (a), and leased from prison.’’. part IV of subchapter A of chapter 1 of the ‘‘(B) to have additional amounts paid by (3) EFFECTIVE DATE.—The amendments Internal Revenue Code of 1986 is amended by reason of this paragraph treated as the ad- made by this subsection shall apply to indi- redesignating the item relating to section 36 vance payment of taxes imposed by this viduals who begin work for the employer as relating to section 37 and by inserting title. after the date of the enactment of this Act. after the item relating to section 35 the fol- ‘‘(4) FAILURE TO MAKE ADVANCE PAY- (b) ADDITIONAL WORK OPPORTUNITY CREDIT lowing new item: MENTS.—For purposes of this title (including FOR RETAINED EMPLOYEES.— ‘‘Sec. 36. Employment credit for members of penalties), failure to make any advance pay- (1) IN GENERAL.—Subsection (a) of section targeted groups.’’. ment under this section at the time provided 51 of the Internal Revenue Code of 1986 (re- (b) ADVANCED PAYMENTS.— therefor shall be treated as the failure at lating to amount of credit) is amended by (1) IN GENERAL.—Chapter 25 of the Internal such time to deduct and withhold under striking ‘‘equal to 40 percent of the qualified Revenue Code of 1986 (relating to general chapter 24 an amount equal to the amount of first-year wages for such year.’’ and insert- provisions relating to employment taxes) is such advance payment.’’. ing ‘‘equal to the sum of— amended by adding at the end the following (2) CLERICAL AMENDMENT.—The table of ‘‘(1) 40 percent of the qualified first year new section: sections for chapter 25 of such Code is wages for such year, plus ‘‘SEC. 3511. ADVANCED PAYMENT OF EMPLOY- amended by adding at the end the following ‘‘(2) $500 for each retained employee.’’. MENT CREDIT FOR MEMBERS OF new item: (2) RETAINED EMPLOYEE.—Section 51 of the TARGETED GROUPS. Internal Revenue Code of 1986 is amended by ‘‘Sec. 3511. Advanced payment of employ- ‘‘(a) IN GENERAL.—Except as otherwise pro- adding at the end the following new sub- vided in this section, every employer making ment credit for members of tar- section: geted groups.’’. a payment of wages for a payroll period to an ‘‘(l) RETAINED EMPLOYEE.—For purposes of individual who is an eligible employee with (c) EFFECTIVE DATE.—The amendments this section, the term ‘retained employee’ respect to such payroll period shall, at the made by this section shall apply to taxable means an employee who is a member of a time of paying such wages, make an addi- years beginning after the date of the enact- targeted group and— tional payment to such employee of $500. ment of this Act. ‘‘(1) who—

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1067 ‘‘(A) has worked exactly 1,500 hours for the issues in 2008, either as stand-alone leg- carryover of ethanol credits. This im- taxpayer during any period beginning on the islation or as part of another stimulus provement does nothing to change the date such employee was hired and ending package if it is determined to be appro- currently mandated numbers. Rather, with or within the taxable year, and priate. it provides flexibility to an industry ‘‘(B) was continuously employed by such One particular industry that would taxpayer during such period, or facing many uncertainties. In 2007, the ‘‘(2) who— benefit from passage of this legislation industry used approximately 2 billion ‘‘(A) began work with the taxpayer during is the home building industry, which is gallons of ethanol over and above the any 52-week period ending with or within currently struggling due to a huge in- necessary levels prescribed in the En- such taxable year, and ventory of new homes under construc- ergy Policy Act of 2005, EPACT. How- ‘‘(B) was continuously employed by such tion with few buyers. Under present ever, EPACT language and EPA rule- taxpayer during such 52-week period. law, a business loss can only be de- making do not allow for 2-year con- For purposes of the preceding sentence, no ducted from taxes paid from the pre- secutive ‘‘carryover’’ of credits. This employee may be treated as a retained em- vious 2 years. If the loss cannot be car- means that although the industry has ployee more than once with respect to any ried back, it must be used in the fu- taxpayer.’’. exceeded the 2007 requirements, they (3) EFFECTIVE DATE.—The amendments ture. Many home builders are now re- would be unable to apply these credits made by this subsection shall apply to tax- porting financial losses when a few after 12 months. My bill would accom- able years beginning after the date of the en- years ago they were generating jobs, modate the uncertain levels of produc- actment of this Act. providing local development, and pay- tion from year to year. Considering the SEC. 207. PUBLICATION OF CHANGES AND AS- ing taxes. Expanding the NOL carry- myriad variables involved in the eth- SISTANCE WITH PREPARATION. back provision to 5 years would enable The Secretary of the Treasury shall— anol production process including crop builders and other businesses to receive yields, land use, and feed stock prices, (1) publicly disseminate information with an immediate rebate on taxes paid in respect to the amendments made by this it only makes sense to allow more title (including the dissemination of such in- previous years and provide a much flexibility. formation to State and local government needed infusion of capital to their busi- Another fix extends the small refin- one-stop job centers), and nesses. The inability to do so will re- ery exemption by 2 years. This lan- (2) provide appropriate assistance to tax- sult in the need to either increase high- guage also does nothing to change payers (through low-income taxpayer clinics cost borrowing or further liquidate mandated levels. A small refinery pro- and other sources) for the purpose of allow- land and homes, which would only duces less than 75,000 barrels average ing taxpayers to benefit from the amend- compound the existing inventory prob- ments made by this title. daily aggregate and EPACT exempts lem. these facilities from the renewable The Joint Committee on Taxation es- By Mr. SPECTER (for himself, fuels numbers until 2011. These refin- timated that passage of this provision Mrs. DOLE, Mr. ENSIGN, Mr. eries are dealing with drastically as part of the Senate Finance Com- MARTINEZ, Mr. CORNYN, Ms. smaller economies of scale in produc- mittee Stimulus package would have STABENOW, and Mrs. tion. In order to protect these refin- cost $15 billion in 2008 and $5.1 billion HUTCHISON): eries from potential economic hardship over 10 years. S. 2650. A bill to provide for a 5-year I urge my colleagues to support this and subsequent job loss, this exemption carryback of certain net operating important legislation that will help nu- should be extended from the year 2011 losses and to suspend the 90 percent al- merous industries that are currently to 2013. ternative minimum tax limit on cer- struggling to survive in a harsh eco- I am hopeful that my colleagues in tain net operating losses; to the Com- nomic downturn. the Senate will join me and quickly mittee on Finance. pass the bill I am introducing today. Mr. SPECTER. Mr. President, I have By Mr. INHOFE: sought recognition to introduce legis- S. 2651. A bill to amend the Clean Air By Ms. LANDRIEU (for herself, lation to expand a widely used business Act to make technical corrections to Mr. INOUYE, Mr. STEVENS, Mr. tax benefit whereby business owners the renewable fuel standard; to the LAUTENBERG, Mr. VITTER, Mr. balance out net losses over prior years Committee on Environment and Public COCHRAN, Mrs. DOLE, Mr. GRA- when the business has a net operating Works. HAM, and Mr. ALEXANDER): gain. Spreading out this tax liability Mr. INHOFE. Mr. President, today I S. 2652. A bill to authorize the Sec- helps a business to decrease the ad- rise to introduce the Technical Correc- retary of Defense to make a grant to verse impact of a difficult year. Spe- tions to the Clean Air Act’s renewable the National World War II Museum cifically, this legislation increases the fuels standard. This bill is a measured Foundation for facilities and programs general net operating loss, NOL, response to the overly aggressive of America’s National World War II carryback period from 2 years to 5 biofuels increase mandated by the En- Museum; to the Committee on Armed years in the case of an NOL for any ergy Independence and Security Act of Services. taxable year ending during 2006, 2007, 2007 passed in December. The Energy Ms. LANDRIEU. Mr. President, the or 2008. bill’s mandates allow no room for error Second World War will probably be I am pleased with the quick passage in a fuels industry already constrained known as one of the greatest achieve- of H.R. 5140, the Recovery Rebates and by tight supplies, full capacity, envi- ments in American history. The ulti- Economic Stimulus for the American ronmental regulation, and volatile mate victory over enemies in the Pa- People Act of 2008. It provides tax re- market conditions. This technical cor- cific and in Europe is a testament to bates for individuals, capital invest- rections bill is not an effort to sub- the uncommon valor of American Sol- ment incentives for businesses, and im- stantively overhaul the RFS program diers, Sailors, Airmen, and Marines. portant modifications to our housing but rather is an attempt to smooth its The years 1941 to 1945 also witnessed an laws that will enable more homeowners unintended consequences. Recognizing unprecedented mobilization of domes- to refinance their unmanageable mort- the delicate political balance sur- tic industry which supplied our fight- gages. However, it is my belief that rounding RFS, these simple fixes are ing men on two distant fronts. As the several important items were left be- intended to provide flexibility for the generation that faced this challenge hind that deserved to be included. The fuels industry in meeting these man- comes to a close, it is important that bill I am introducing today is identical dates. As ranking member on the Envi- we take the time to honor them for the to Section 113 of a modified Senate Fi- ronment and Public Works Committee many sacrifices they made. It was the nance Committee Economic Stimulus I did not support the 2007 Energy bill. gallantry of American troops abroad package, Senate Amendment No. 3983 The enactment of these technical cor- and the tireless devotion of workers at to H.R. 5140. On February 6, 2008, the rections would not change my overall home that brought the end of this Senate rejected this broader package opposition to the current flaws enacted Great War. on a procedural vote, leaving it just to the RFS program, but my bill does I come to the floor today, to honor one vote short of the 60 that were re- make this new RFS less onerous. all of the 16 million World War II vet- quired. I am still hopeful that Congress The first correction to the Clean Air erans and their families for the many will revisit some of these important Act’s renewable fuels standard allows a sacrifices they made. Today, along

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1068 CONGRESSIONAL RECORD — SENATE February 14, 2008 with eight of my colleagues, I would lion toward the expansion, and has (8) The preservation, interpretation, and like to introduce America’s National pledged additional funds up to $50 mil- public exhibition of memorabilia, models, ar- World War II Museum Expansion Act. lion to match dollar for dollar the $50 tifacts of significance (and replicas), and oral On June 6, 2000, the 56th anniversary million Federal authorization, if ap- histories from the combat experience of of the D-Day invasion of Normandy, members of the United States Armed Forces. proved by Congress. The private sector (9) Other appropriate activities relating to the National D-Day Museum, operated support has already surpassed $40 mil- the management and operation of the United in New Orleans, LA, opened their lion, and the remaining balance of the States Freedom Pavilion, including the sale doors. The museum is the only museum expansion will be raised privately. of concessions, appropriate mementos, and in the U.S. that exists for the exclusive A House companion bill, H.R. 2923, other materials, the proceeds of which would purpose of accounting for the American has been introduced by Chairman DIN- help support the overall operation of the Mu- experience during World War II, both GELL and is cosponsored by 11 other seum and the United States Freedom Pavil- on the battlefront and at home. The members, including all members of the ion. museum educates on all of the (c) REPORT.—Not later than 60 months Louisiana U.S. House of Representa- after receiving a grant under this section, branches of the Armed Forces and the tives Delegation. In closing, I want to the Secretary shall submit to Congress a re- Merchant Marine. give many thanks to Senators INOUYE, port documenting how the Museum used the The museum was founded by the late STEVENS, LAUTENBERG, VITTER, DOLE, grants funds and evaluating the success of World War II historian Stephen Am- ALEXANDER, COCHRAN and GRAHAM, for the projects and activities funded by the brose. The museum and the decision to joining me in helping to preserve an grant. locate it in New Orleans was the result important piece of our history. I would (d) AUTHORIZATION OF APPROPRIATIONS.— of a conversation Mr. Ambrose had like to give special thanks to Senator There are authorized to be appropriated such sums as may be necessary to carry out this with President Dwight D. Eisenhower. INOUYE, Senator STEVENS, and Senator Act. It was said in the conversation that LAUTENBERG. This museum is a tribute President Eisenhower and former Su- to you and your fellow servicemen. By Mr. COLEMAN (for himself preme Commander, Allied Expedi- Mr. President, I ask unanimous con- and Mr. BINGAMAN): tionary Forces in Europe, credited An- sent that the text of the bill be printed S. 2653. A bill to further United drew Jackson Higgins, the man behind in the RECORD. States security by restoring and en- Higgins Industries in New Orleans, as There being no objection, the text of hancing the competitiveness of the the ‘‘man who won the war for us’’. the bill was ordered to be printed in United States for international stu- Higgins designed and produced amphib- the RECORD, as follows: dents, scholars, scientists, and ex- ious landing crafts that became known S. 2652 change visitors and by facilitating as the Higgins Boats. These boats were Be it enacted by the Senate and House of Rep- business travel to the United States; to used in every major amphibious oper- resentatives of the United States of America in the Committee on the Judiciary. ation of World War II, including D-Day, Congress assembled, and responsible for transporting the Mr. COLEMAN. Mr. President, today, SECTION 1. SHORT TITLE. along with my distinguished colleague men from the ship to the shore. This Act may be cited as the ‘‘America’s The museum is a premier educational National World War II Museum Expansion from New Mexico, Senator BINGAMAN, I institution, which educates diverse au- Act’’. am introducing legislation to restore diences through its collection of arti- SEC. 2. GRANT TO NATIONAL WORLD WAR II MU- and enhance our Nation’s competitive- facts, photographs, letters, documents, SEUM FOUNDATION FOR AMERICA’S ness for international students, schol- and personal testimonies of partici- NATIONAL WORLD WAR II MUSEUM. ars, scientists, and exchange visitors, (a) GRANT.—The Secretary of Defense may and better facilitate legitimate busi- pants in the war and on the home make a grant in the amount of $50,000,000 to front. It is important that we continue ness travel to the U.S. the National World War II Museum Founda- In the immediate aftermath of the preserving, maintaining, and inter- tion for use in accordance with subsection preting the artifacts, documents, im- (b) for the museum in New Orleans, Lou- events of 9/11, it was necessary to take ages, and history collected by the mu- isiana, designated as America’s National the steps we did to improve and en- seum. For these reasons, in 2003 Con- World War II Museum by section 8134 of the hance our Nation’s security. But in the gress designated the National D-Day Department of Defense Appropriations Act, more than 6 years since 9/11, these well- Museum in New Orleans as America’s 2005 (Public Law 108–87; 117 Stat. 1103) (re- intentioned changes have had unin- ferred to in this section as the ‘‘Museum’’). National World War II Museum. Since tended consequences, stifling legiti- (b) USE OF FUNDS.—The grant under sub- the designation, the Museum Board has mate academic and scientific exchange section (a) shall be used for the following: and international business travel, and embarked on an extraordinary expan- (1) The planning, design, and construction sion, with plans to quadruple its size. of a new facility for the Museum, to be tarnishing our Nation’s image around The museum will account for all serv- known as the United States Freedom Pavil- the world. ice branches and campaigns of the war, ion, and its exhibitions, and the planning, Three years ago, Senator BINGAMAN including the war on the home front. design, and construction of a new canopy and I introduced a similar bill designed This bill is a one time permanent $50 over the courtyard of the Museum, to be to reverse the decline in the number of million authorization for the expansion known as the Canopy of Peace. foreign students studying at American (2) The public display of artifacts, photo- colleges and universities. At that time, of the National World War II Museum graphs, letters, documents, and personal his- in New Orleans. Specifically, the $50 tories dating from 1939 to 1945, including ex- international applications to U.S. grad- million authorization would provide hibits portraying American sacrifices both uate schools and to English as a Sec- funding for the U.S. Freedom Pavilion, on the battlefield and on the home front and ond Language, ESL, programs were which is part of the museum’s expan- the industrial mobilization of the American plummeting, and visa delays were num- sion. The U.S. Freedom Pavilion will home front. bering in the thousands. Visa delays be the main entrance building to the (3) Educational outreach programs for were also negatively impacting the sci- main theatre, exhibit halls, and other teachers and students. entific and business communities, re- (4) Traveling exhibitions on the history sulting in billions of dollars of losses pavilions. Among its major exhibits, and lessons of World War II for United States the Freedom Pavilion will contain an military facilities. for the U.S. economy, as scientific re- interactive exhibition honoring all of (5) Educational programs to foster the ex- search, conferences, and business meet- the World War II veterans who have pansion of European and Pacific exhibits at ings had to be canceled and shifted to also served the nation as President, or the Museum to be included in the Center for overseas locations. as a member of the U.S. Senate or the the Study of the American Spirit. Over the past 3 years, there have U.S. House of Representatives between (6) Projects that enable the Museum to been improvements with visa issuance, the years of 1941 and 1945. function as a liaison between museums, and it is the State Department’s Bu- A combination of State, local, and scholars, and members of the general public reau of Consular Affairs, particularly in the United States and around the world. private funding, totaling $240 million, (7) A readily accessible repository of infor- Assistant Secretary Maura Harty, who will match the $50 million Federal au- mation and materials reflecting the histor- deserves much of the credit. I am thorization. To date, the State of Lou- ical, social, and cultural effects of World War pleased with their advancements to en- isiana has already dedicated $33 mil- II. hance consular staff; adopt newer,

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1069 more efficient technology; offer inter- achieved in 2003–2004, so there is still gration system has become a conveyor national students, scholars, and ex- ground to make up for what was lost belt of talent into the permanent im- change visitors preferential consider- over the past 3 years to ensure we re- migration system. Most foreign stu- ation when scheduling in-person inter- gain our place as the most desired des- dents do want to go home after gradua- view appointments; and extend secu- tination for study and for research. tion, but some want to stay and use the rity clearance validity. The Depart- Even if we return to pre-9/11 numbers, knowledge they have acquired at our ment also has established a business we may find we have lost market share universities. For example, Ms. Indra visa center to field inquiries from U.S. to competing nations. Nooyi, the current CEO of PepsiCo, the businesses and their worldwide coun- Why should this matter to the U.S.? world’s fourth largest food and bev- terparts, although the center cannot Recent public opinion polls taken erage company, is herself a former expedite in-person interview appoint- around the world show that the U.S. international student who received her ments or the processing of visa applica- has fallen out of favor. But these same master’s degree from Yale University’s tions. polls also show that foreigners who School of Management. This is not to say that visa delays have personally visited the U.S. have a So it is for all these important rea- have disappeared entirely. Delays do significantly more favorable opinion sons that Senator BINGAMAN and I once continue to occur, albeit not at the than those who have never visited. again introduce legislation on this im- huge volume they once were. Because International students and scholars portant issue: The American Competi- of this, there is a lot of lingering un- benefit greatly from their experiences tiveness Through International Open- certainty about the process which gen- in the U.S., not only from their studies ness Now, ACTION, Act of 2008. This year’s bill once again calls for erates a great deal of concern for inter- and research, but also from living in the establishment of a strategic plan national students, scholars, exchange daily American life. They carry these for increasing the competitiveness of visitors, and business travelers, and re- experiences home, often becoming am- the U.S. in recruiting international inforces a perception that America is bassadors of goodwill and under- students, scholars and exchange visi- not a welcoming place for inter- standing. Many go on to achieve lead- tors. The U.S. can no longer sit back national visitors. ership positions in their home coun- and rest on its laurels when engaging Indeed, serious concerns remain re- tries in government, business, or edu- in this global competition, especially garding the U.S. position in the com- cation. These exchanges also benefit when all of our competitors clearly petition for international talent, par- American students, researchers and have stepped up their game. ticularly among higher education, the business colleagues, who similarly Our biggest problem is our inability scientific community, and the private have the opportunity to learn about to marshal the efforts of all the rel- sector. Our competitiveness problem is another culture in this globalized evant agencies into one coherent ef- not just a visa problem—we cannot world. fort. Too often, these agencies work in Two expert commissions recently solve it simply by fixing the visa prob- an uncoordinated manner, or worse, at issued recommendations citing inter- lems that were created after 9/11. cross purposes. The PR blunder cases, The U.S. now faces strong competi- national educational exchange as a where one arm of our government sets tion for international students, schol- critical form of public diplomacy out- up exchange programs to attract peo- ars, scientists, and exchange visitors. reach. Last November, the Center for ple and another arm of the government The United Kingdom, Australia, New Strategic and International Studies’ detains them at the border, is only the Zealand, and the European Union all Commission on Smart Power cited tip of the iceberg. Our legislation have coordinated, government-led stra- international educational exchange as would create a White House-chaired tegic plans in place for attracting a key element for improving America’s International Education Coordinating international students and scholars to declining standing and influence in the Council to guide the work of the myr- their colleges and universities. Even world. Just last month, the Secure iad agencies that affect our competi- our neighbor to the north, Canada, Borders and Open Doors Advisory Com- tiveness for international students and plans to announce a strategic plan this mittee, a federal advisory committee exchange visitors. year. Meanwhile, traditional sending tasked by the Departments of Home- One of the most important provisions countries such as China and India are land Security and State to provide rec- in the legislation would remove the expanding their own higher education ommendations on the Departments’ nonimmigrant intent requirement for offerings, both to retain more of their missions to protect not only America’s international students, the so-called own students and to attract inter- security but also our economic liveli- 214(b) rule. This outdated requirement national students. In the face of this hood, ideals, image, and strategic rela- that all applicants for student visas competition, the U.S. still struggles tionships with the world, cited the must intend to return home after their along with piecemeal efforts, with each need for a proactive national strategy studies makes no sense, especially positive action seemingly cancelled out to mobilize all the tools and assets at when talent-starved high-tech indus- by a negative action and persistent our disposal to attract international tries actively court international stu- negative perceptions. The results are students and scholars to the U.S. dents upon graduation. As I stated ear- worrisome. International students and scholars lier, our ability to attract inter- While international student enroll- are not only important for public diplo- national talent is essential to sus- ment in the U.S. declined in both the macy, they also are essential for our taining our competitive edge in the 2003–2004 and 2004–2005 academic years, Nation’s global competitiveness. They world. Retaining such a requirement is and remained stagnant in 2005–2006, make significant contributions to our simply out of step in this day and age, over the same period, enrollment in the economic growth and innovation. Ac- especially when most of our competi- United Kingdom jumped more than cording to recent National Science tors are going out of their way to enact 80,000, in Australia and France more Board data, nearly half of all graduate policies to make it easier for inter- than 50,000, and in Germany and Japan enrollments at U.S. colleges and uni- national students to stay after gradua- more than 20,000. In 2006, then-U.K. versities in the science and engineering tion. Prime Minister Tony Blair announced fields are international students. And The bill calls for further improve- a goal of attracting an additional these students often go on to positively ment in the timeliness and efficiency 100,000 international students to Great impact future research and technology of the visa issuance process for those in Britain in the next 5 years. output in this country. I strongly sup- the sciences. It directs the Secretary of Although we have started to see the port efforts to build up America’s own State to issue guidance to reduce the enrollment numbers tick upwards supply of science and technology tal- length of time to issue visas to sci- slightly just this past year—in Min- ent, but we also must continue to ac- entists to a maximum of 30 days, and nesota, 9,048 international students tively attract international talent to to provide a special review process for were studying at colleges and univer- our shores if we are to retain our inno- those cases that are delayed more than sities last academic year, contributing vative edge. 45 days. It also directs the Secretary of $186.4 million to the state’s economy— It is a reality of our time that, at the State to review and update the Tech- it is still below the peak level of 9,143 high-skill level, the temporary immi- nology Alert List on a regular basis,

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1070 CONGRESSIONAL RECORD — SENATE February 14, 2008 and to consult with academia and the and ideas, not only those that are grams, international student enrollments in private sector as part of this review, to homegrown, but also those that come such programs have declined by almost 50 ensure the list reflects the current from outside our borders. The longer percent since 2000, and many schools offering state of technology. we wait to take action, the more we such programs have closed. This is due pri- It also calls for expediting visa re- risk missing out on future U.S. aca- marily to the difficulty of obtaining a United States visa for the purpose of studying views for so-called ‘‘Trusted Trav- demic, business, and research success. English. elers’’: easily identifiable, low-risk fre- Mr. President, I ask unanimous con- (9) At a time when talent is both scarce quent travelers who have a history of sent that the text of the bill be printed and mobile and attracting talent is essential past visa approvals, haven’t violated in the RECORD. to the leadership, competitiveness, and secu- their immigration status, and have There being no objection, the text of rity of the United States, it is as important provided their biometric data, plus any the bill was ordered to be printed in for our Nation’s visa system to be a gateway additional information required, to the the RECORD, as follows: for international talent as it is for it to be a consulate. This would both ease travel S. 2653 barrier to international criminals. Although Be it enacted by the Senate and House of Rep- the Department of State has made signifi- for these individuals and permit con- cant progress in improving the United States sular resources to be focused on more resentatives of the United States of America in Congress assembled, visa system, the system still does not effec- important cases. There is also a provi- SECTION 1. SHORT TITLE. tively serve this dual purpose. sion to also allow expedited visa re- This Act may be cited as the ‘‘American SEC. 3. SENSE OF CONGRESS. views for international students, schol- Competitiveness Through International It is the sense of Congress that it should be ars and exchange visitors who leave the Openness Now Act of 2008’’ or as the ‘‘AC- the policy of the United States— TION Act of 2008’’. United States temporarily to visit (1) to make international educational ex- their families or attend conferences SEC. 2. FINDINGS. change a priority in order to promote United Congress makes the following findings: and require a new visa to return to the States leadership, competitiveness, and secu- (1) Although the United States is engaged same program. Today, these people can rity; in a global competition for international (2) to restore United States competitive- be stranded abroad for months without students and scholars, the United States ness for international students, scholars, sci- being able to return to their programs. lacks a comprehensive strategy for con- entists, and exchange visitors; The legislation calls for the rein- ducting and succeeding in this competition. (3) to ensure that all agencies of the United statement of domestic or stateside visa (2) In January 2008, the Secure Borders and States Government work together to create renewals for those here on employ- Open Doors Advisory Committee of the a welcoming environment for legitimate ment-based non-immigrant visas. This Homeland Security Advisory Council issued a report that specifically cites international international students, scholars, scientists, practice was discontinued in 2004, be- and exchange visitors, without sacrificing cause U.S. consulates abroad were bet- education as a key component of public di- plomacy, stating: ‘‘America is losing com- safety; ter equipped to collect the required bi- petitiveness for international students for (4) to pursue a visa policy that keeps the ometric data from the renewal appli- one primary reason . . . because our com- United States safe, prosperous, and free, by— cant. Given today’s available tech- petitors have—and America lacks—a (A) addressing legitimate security con- nology, we should seek to reinstate proactive national strategy that enables us cerns; and this practice. This would help to allevi- to mobilize all the tools and assets at our (B) keeping the United States a welcoming Nation; and ate the volume of renewal applicants at disposal, and that enables the federal bu- reaucracy to work together in a coherent (5) to ensure that United States consulates our overseas consulates, as well as help have adequate resources to perform their re- renewal applicants who often opt to fashion, to attract international students.’’ (3) Attracting the world’s most talented quired duties. forgo travel overseas due to the uncer- students and scholars to campuses and re- SEC. 4. ENHANCING UNITED STATES COMPETI- tainty of timely and efficient proc- search institutes in the United States will TIVENESS FOR INTERNATIONAL STU- essing of their renewal applications. contribute significantly to the leadership, DENTS, SCHOLARS, SCIENTISTS, AND Finally, there has been much public competitiveness, and security of this Nation. EXCHANGE VISITORS. debate about driver’s licenses and Real (4) The international student market has (a) STRATEGIC PLAN.— ID. In our well-intentioned efforts to been transformed in the 21st century. Tradi- (1) IN GENERAL.—Not later than 180 days ensure that only persons in the U.S. le- tional competitor countries have adopted after the date of the enactment of this Act, gally are able to acquire driver’s li- and implemented strategies for capturing a the President shall submit to the Committee censes, we have unintentionally ham- greater share of the market. New competi- on Foreign Relations of the Senate and the tors, primarily the European Higher Edu- Committee on Foreign Affairs of the House strung the ability of legal non- cation Area, have entered the market. Tradi- of Representatives a strategic plan for in- immigrants to have licenses. Real ID’s tional sending countries, such as China and creasing the competitiveness of the United unrealistic documentation and renewal India, are expanding their indigenous higher States for international students, scholars, requirements for international stu- education capacity, both to retain their own scientists, and exchange visitors. dents and scholars send yet another students and to attract international stu- (2) CONTENT.—The strategic plan submitted negative signal about America’s open- dents. All of these changes are giving inter- under this subsection shall include— ness to them, and frankly ignore tech- national students many more options for (A) a clear directive to the Department of nical advances which could provide pursuing higher education outside their State, the Department of Homeland Secu- home countries. rity, the Department of Education, the De- both better assurances about a person’s (5) The number of international students partment of Commerce, the Department of legal status and licenses of a longer va- enrolled in United States higher education Energy, and other Federal departments that lidity. Our bill will correct this prob- institutions declined in the academic years impact— lem in a way that will strengthen, not 2003–04 and 2004–05, and remained constant in (i) the propensity of international stu- weaken, the integrity of driver’s li- academic year 2005–06. In academic year 2006– dents, scholars, scientists, and exchange visi- censes. 07, international student enrollments in- tors to visit the United States; For all of these reasons, our legisla- creased 3 percent, yet remained below the (ii) the ability of such individuals to gain tion is endorsed by NAFSA: Associa- peak level, achieved in the 2002–03 academic entry into the United States; and tion of International Educators, the year. (iii) the ability of such individuals to ob- (6) From 2003 to 2006, international student tain a driver’s license, Social Security card, world’s largest professional association enrollments increased— and other documents essential to daily life advocating for international education (A) by more than 80,000 in the United King- in the United States; and exchange programs, by the Na- dom; (B) a marketing plan, including continued tional Foreign Trade Council, the Na- (B) by more than 50,000 in Australia and improvements in the use of the Internet and tion’s premier business organization France; and other media resources, to promote and facili- dedicated to advancing global com- (C) by more than 20,000 in Germany and tate study in the United States by inter- merce, and by USA Engage, a leading Japan. national students; broad-based coalition of trade associa- (7) Anecdotal evidence indicates that inter- (C) a clear division of labor among the de- national students, scholars, and scientists partments referred to in subparagraph (A); tions promoting global economic en- continue to find the process of gaining entry (D) a plan to enhance the role of the edu- gagement. to the United States to be demeaning and cational advising centers of the Department The American way of life owes its unnecessarily cumbersome. of State that are located in foreign countries success and vitality to its historic abil- (8) While intensive English programs in the to promote study in the United States and to ity to harness the best in knowledge United States are a gateway to degree pro- prescreen visa applicants;

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1071 (E) a clarification of the lines of authority paragraph (B), a security clearance issued section 212(a)(3)(A)(i)(II) of the Immigration and responsibility for international students with respect to an individual classified with- and Nationality Act (8 U.S.C. in the Department of Commerce; in a nonimmigrant classification shall re- 1182(a)(3)(A)(i)(II)). (F) a clear role for the Department of Edu- main valid with respect to a change of the (B) SECRETARY.—The term ‘‘Secretary’’ cation in increasing the competitiveness of individual to another nonimmigrant classi- means the Secretary of State. the United States for international students; fication if the security clearance approved in (C) TECHNOLOGY ALERT LIST.—The term and connection with the first classification is in ‘‘technology alert list’’ means the list of (G) a clear delineation of the lines of au- substantially the same field as the field in- goods, technology, and sensitive information thority and streamlined procedures within volved in the subsequent classification. that is maintained by the Department of the Department of Homeland Security re- (B) NATIONAL INTEREST WAIVER.—Subpara- State. lated to international students, scholars, sci- graph (A) shall not apply with respect to an (f) SHORT-TERM STUDY ON TOURIST VISA.— entists, and exchange visitors. applicant for a security clearance if the Sec- Section 101(a)(15)(B) of the Immigration and (b) INTERNATIONAL EDUCATION COORDINA- retary determines that the application of Nationality Act (8 U.S.C. 1101(a)(15)(B)) is TION COUNCIL.— such subparagraph with respect to such ap- amended by inserting ‘‘for a period longer (1) ESTABLISHMENT.—There is established plicant is not in the national security inter- than 90 days’’ after ‘‘study’’. in the Executive Office of the President a ests of the United States. (g) DRIVERS’ LICENSES FOR INTERNATIONAL council to be known as the International (3) VISA PROCESSING TIME.—The Secretary STUDENTS AND EXCHANGE VISITORS.—Section Education Coordination Council (referred to shall issue appropriate guidance to— 202(c)(2)(C) of the Real ID Act of 2005 (49 in this subsection as the ‘‘Council’’). (A) reduce the length of time required to U.S.C. 30301 note) is amended by adding at (2) PURPOSE.—The Council shall coordinate issue visas to scientists to a maximum of 30 the end the following: the activities of the Federal Government in days; and ‘‘(v) PROVISIONS FOR NONIMMIGRANTS MON- order to further the purposes of this Act. (B) provide for a special review process to ITORED UNDER THE STUDENT AND EXCHANGE (3) CHAIR.—The President shall designate resolve instances in which the length of time VISITOR INFORMATION SYSTEM.—With respect an official of the Executive Office of the required to issue visas to scientists exceeds to a nonimmigrant subject to the monitoring President to preside over the Council. 45 days. system required under section 641 of the Ille- (4) COMPOSITION.—The Council shall be (4) REVIEW OF TECHNOLOGY ALERT LIST.— gal Immigration Reform and Immigrant Re- composed of the following positions, or their (A) INTERAGENCY PROCESS.—The Secretary sponsibility Act of 1996 (8 U.S.C. 1372)— designees: shall establish an interagency group to re- ‘‘(I) notwithstanding clause (ii), a tem- (A) The Secretary of State. view the technology alert list not less fre- porary driver’s license or temporary identi- (B) The Secretary of Homeland Security. quently than once every 2 years. fication card issued to such nonimmigrant (C) The Secretary of Education. (B) CHAIR.—The interagency review group pursuant to this subparagraph shall be valid (D) The Secretary of Commerce. established pursuant to subparagraph (A) for the shorter of— (E) The Secretary of Energy. shall be chaired by an appropriate official of ‘‘(aa) the period of time of the non- (F) The Secretary of Labor. the Department of State. immigrant’s authorized stay in the United (G) The Director of the Federal Bureau of (C) CONSULTATION.—As part of its assess- States; or Investigation. ment of the current state of technology, the ‘‘(bb) the standard issuance period for driv- (H) The Commissioner of Social Security. interagency review group shall consult with ers’ licenses provided by the State; and (I) The head of any other agency des- academic experts and with companies that ‘‘(II) valid status under that monitoring ignated by the President. manufacture and distribute the items on the system shall be deemed to be valid documen- (c) ELIMINATION OF NONIMMIGRANT INTENT technology alert list. tary evidence that the nonimmigrant main- CRITERION FOR STUDENTS.— (D) IMPLEMENTATION.—The Secretary tains status for purposes of clause (iv).’’. (1) IN GENERAL.—Section 101(a)(15)(F)(i) of shall— (h) CHANGE OF STATUS FOR CERTAIN F–VISA the Immigration and Nationality Act (8 (i) promptly revise the technology alert HOLDERS SEEKING ADJUSTMENT OF STATUS.— U.S.C. 1101(a)(15)(F)(i)) is amended— list in accordance with the recommendations An individual who has been in valid status (A) by striking ‘‘having a residence in a of the group; and under section 101(a)(15)(F) of the Immigra- foreign country which he has no intention of (ii) promptly notify consular officials of tion and Nationality Act (8 U.S.C. abandoning,’’ and inserting ‘‘having the in- the Department of State of the revisions. 1101(a)(15)(F)) shall be considered to have re- tention, capability, and sufficient financial (5) ANNUAL REPORT.— mained in such status until the beginning of resources to complete a course of study in (A) SUBMISSION.—The Secretary shall sub- a fiscal year if— the United States,’’; and mit an annual report on the implementation (1) a petition under section (B) by striking ‘‘and solely’’. of this subsection to— 101(a)(15)(H)(i)(b) of such Act has been filed (2) PRESUMPTION OF STATUS.—Section 214(b) (i) the Committee on Banking, Housing, on behalf of such individual and has been ap- of the Immigration and Nationality Act is and Urban Affairs of the Senate; proved for such fiscal year; amended by striking ‘‘subparagraph (L) or’’ (ii) the Committee on Foreign Relations of (2) the cap with respect to such petitions and inserting ‘‘subparagraph (F), (L), or’’. the Senate; provided in paragraph (1)(A) or (5)(C) of sec- (d) COUNTERING VISA FRAUD.—The Sec- (iii) the Committee on Armed Services of tion 214(g) of such Act was reached before retary of State shall— the Senate; such fiscal year; and (1) require United States consular offices, (iv) the Committee on Energy and Com- (3) such individual’s valid status under sec- with particular emphasis on consular offices merce of the House of Representatives; tion 101(a)(15)(F) of such Act would otherwise in countries that send large numbers of (v) the Committee on Science and Tech- terminate not more than 6 months before international students and exchange visitors nology of the House of Representatives; and such fiscal year. to the United States, to submit to the Sec- (vi) the Committee on Armed Services of (i) SOCIAL SECURITY ENUMERATION AT retary plans for countering visa fraud that the House of Representatives. PORTS OF ENTRY.— respond to the particular fraud-related prob- (B) CONTENTS.—The report submitted (1) FINDING.—Congress finds that section lems in the countries where such offices are under subparagraph (A) shall include such 205(c)(2)(B)(i)(I) of the Social Security Act located; and information as the Secretary determines ap- (42 U.S.C. 405(c)(2)(B)(i)(I)) requires the Com- (2) not later than 180 days after enactment propriate, including— missioner of Social Security to assign Social of this Act, report to the Committee on For- (i) progress made to reduce the length of Security numbers, to the maximum extent eign Relations of the Senate and the Com- time required to process visas to scientists, practicable, to aliens at the time of their mittee on Foreign Affairs of the House of including the average processing time to lawful admission to the United States— Representatives on the measures taken to complete security clearances for visa appli- (A) for permanent residence; or counter visa fraud under the plans submitted cants in each nonimmigrant visa classifica- (B) under any other status which permits under paragraph (1). tion under section 101(a)(15) of the Immigra- such aliens to engage in employment in the (e) IMPROVING THE SECURITY CLEARANCE tion and Nationality Act; United States. PROCESS FOR SCIENTISTS.— (ii) any revisions made to the technology (2) MEMORANDUM OF UNDERSTANDING.—Pur- (1) DURATION OF SECURITY CLEARANCES.— alert list under paragraph (4); suant to such section, not later than 180 days The Secretary shall extend the duration of (iii) the number of individuals in each non- after the date of the enactment of this Act, security clearances for scientists admitted immigrant visa classification who have— the Commissioner of Social Security, the under section 101(a)(15)(J) of the Immigra- (I) received a security clearance in the pre- Secretary of State, and the Secretary of tion and Nationality Act (8 U.S.C. ceding year; Homeland Security shall reach agreement on 1101(a)(15)(J)) until sooner of— (II) been approved for a visa after receiving a memorandum of understanding to expand (A) the expiration of the program for which such clearance; or the enumeration-at-entry program to in- the scientist was admitted; or (III) been denied such clearance; and clude all eligible individuals seeking admis- (B) the date that is 5 years after the begin- (iv) the distribution of such individuals by sion to the United States under section ning of such extension. country of nationality. 101(a)(15)(J) of the Immigration and Nation- (2) PORTABILITY OF SECURITY CLEARANCES.— (6) DEFINITIONS.—In this subsection: ality Act (8 U.S.C. 1101(a)(15)(J)). (A) VALIDITY ACROSS NONIMMIGRANT CLASSI- (A) SCIENTISTS.—The term ‘‘scientists’’ (3) IMPLEMENTATION.—Not later than 1 year FICATIONS.—Except as provided under sub- means individuals subject to clearance under after the date of the enactment of this Act,

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1072 CONGRESSIONAL RECORD — SENATE February 14, 2008 the expanded enumeration-at-entry program ‘‘(2) the alien is seeking a nonimmigrant outbreaks, including antibiotic-resistant described in paragraph (2) shall become effec- visa under the same subparagraph under strains, in States such as Illinois, New York, tive at all United States ports of entry. which the alien had previously received a Kentucky, Virginia, Maryland, Ohio, North SEC. 5. FACILITATING BUSINESS AND ACADEMIC visa; and Carolina, Florida, and the District of Colum- TRAVEL. ‘‘(3) the alien has complied with the immi- bia; (a) EXPEDITED VISA REVIEWS FOR TRUSTED gration laws of the United States.’’. Whereas clusters of community-acquired TRAVELERS.— (2) CONFORMING AMENDMENT.—Section MRSA infections have been reported since (1) REQUIREMENT.—Not later than 180 days 222(h) of such Act is amended, in the matter the late 1990s among competitive sports after the date of the enactment of this Act, preceding subparagraph (1), by striking teams, correctional facilities, schools, work- the Secretary of State shall establish a ‘‘Notwithstanding’’ and inserting ‘‘Except as places, military facilities, and other commu- trusted traveler program for international provided under subsection (i), and notwith- nity settings; students, researchers, scholars, and individ- standing’’. Whereas a person who is not infected with uals engaged in business, which shall operate (d) COMPREHENSIVE HUMAN CAPITAL WORK- MRSA can be a vehicle for the transmission in accordance with such guidance and proce- FORCE PLAN.—The Secretary of State and the of infections through skin-to-skin contact; dures as the Secretary may determine. Secretary of Homeland Security shall joint- and (2) TRUSTED TRAVELER DESCRIBED.—The ly— Whereas many instances of MRSA trans- trusted traveler program shall provide for (1) develop a plan for the appropriate selec- mission can be prevented through the use of expedited visa review for— tion, training, and supervision of Federal appropriate hygienic practices, such as hand (A) frequent low-risk visitors to the United Government officials whose contact with for- washing and appropriate first aid for open States, who— eign citizens impacts the international wounds and active skin infections, are fol- (i) have a history of visa approvals; image of the United States, including con- lowed: Now, therefore, be it (ii) have not violated their immigration sular and customs and border protection offi- Resolved, That the Senate— status; cials; and (1) recognizes the need to apply what is al- (iii) have provided biometric data; and (2) submit an annual report on the imple- ready known about reducing the trans- (iv) have agreed to provide the consulate mentation of the plan described in paragraph mission of infections in hospitals, effectively with such information as the Secretary may (1) to— using diagnostics, and ensuring appropriate require; and (A) the Committee on Homeland Security use and utilization of antibiotics to meet pa- (B) aliens admitted under subparagraph (F) and Governmental Affairs of the Senate; tient and public health needs; or (J) of section 101(a)(15) of the Immigration (B) the Committee on Foreign Relations of (2) recognizes the need to pursue oper- ational research to find the best ways of pre- and Nationality Act (8 U.S.C. 1101(a)(15), the Senate; venting hospital- and community-acquired who— (C) the Committee on Homeland Security Methicillin-resistant Staphylococcus aureus (i) are pursuing a program in the United of the House of Representatives; and (MRSA) and developing new antibiotics for States; (D) the Committee on Foreign Affairs of improving care for MRSA patients; (ii) have not violated their immigration the House of Representatives. status; (3) recognizes the importance of raising (iii) have left the United States tempo- f awareness of MRSA and methods of pre- venting MRSA infections; rarily; and SUBMITTED RESOLUTIONS (iv) require a new visa to return to the (4) supports the work of advocates, same program. healthcare practitioners, and science-based (3) AUTHORITY TO WAIVE PERSONAL APPEAR- experts in educating, supporting, and pro- ANCE.—Notwithstanding section 222(h) of the SENATE RESOLUTION 454—DESIG- viding hope for individuals and their families Immigration and Nationality Act (8 U.S.C. NATING THE MONTH OF MARCH affected by community and healthcare asso- 1202(h)), the Secretary may waive the re- 2008 AS ‘‘MRSA AWARENESS ciated infections; and quirement for an in-person interview by a MONTH’’ (5) designates the month of March 2008 as consular officer with respect to trusted trav- ‘‘MRSA Awareness Month’’. Mr. DURBIN (for himself, Mr. HATCH, elers described in paragraph (2). Mr. DURBIN. Mr. President, in re- (b) ENHANCING CONSULAR RESOURCES AND Mr. MENENDEZ, Mr. SPECTER, and Mr. sponse to the emerging threat of PERFORMANCE.— BROWN) submitted the following resolu- methicillin-resistant staphylococcus (1) REQUIREMENT.—The Secretary of State tion; which was referred to the Com- aureus, or MRSA, infections, I intro- shall— mittee on the Judiciary: duced legislation in November to im- (A) issue instructions providing for— S. RES. 454 (i) enhanced staffing of United States con- prove the prevention, detection, and sulates with high demand for visas and long Whereas Methicillin-resistant Staphy- treatment of community and visa-processing backlogs; and lococcus aureus (MRSA) is a type of infec- healthcare-associated infections. The (ii) enhanced training, in partnership with tion that is resistant to treatment with the Community and Healthcare Associated institutions of higher education, leaders in usual antibiotics and is one of the most com- Infections Reduction Act of 2007 builds educational exchange, and the business com- mon pathogens that cause Healthcare-Asso- on what hospitals are already doing munity, for consular officers with respect to ciated Infections (HAIs) in the United States and what infectious disease experts and processing visas for international students and in many parts of the world; Whereas a study led by the Centers for Dis- government agencies agree is critical and scholars and individuals traveling for to reducing the emergence of these in- business; ease Control and Prevention estimates that in 2005 more than 94,000 invasive MRSA in- fections. (B) issue strong operational guidance to all In the last few months, the problem United States consular posts to eliminate in- fections occurred in the United States and consistencies in visa processing; and more than 18,500 of these infections resulted has persisted and Congress has done (C) through regular reviews, hold such in death; little. The problem is not going away. posts accountable for removing such incon- Whereas the percentage of Staphylococcus Just last month a hospital in Chicago sistencies. aureus infections in the United States that treated a patient with a nasty sore on (2) REPORT.—Not later than 1 year after are attributable to MRSA has grown from 2 his wrist that was attributable to the date of enactment of this Act, the Sec- percent in 1974 to 63 percent in 2004; MRSA. Unfortunately, the hospital retary shall report to the Committee on For- Whereas the annual number of hospitaliza- tions associated with MRSA infections, in- found that the infection was unrespon- eign Relations of the Senate and the Com- sive to two medications that have been mittee on Foreign Affairs of the House of cluding both HAIs and community-based in- fections, more than tripled between 1999 and recommended, mainstay treatments Representatives on the implementation of for MRSA. The already-formidable mi- this subsection. 2005, from 108,600 to 368,600; (c) RESTORATION OF REVALIDATION PROCE- Whereas approximately 85 percent of all crobe has strengthened its defenses. DURES FOR EMPLOYMENT-BASED VISAS.— invasive MRSA infections were associated Scientists are constantly trying to (1) IN GENERAL.—Section 222 of the Immi- with healthcare; learn more information about MRSA gration and Nationality Act (8 U.S.C. 1202) is Whereas serious MRSA infections occur and its impact on communities, even amended by adding at the end the following: most frequently among individuals in hos- while healthcare professionals are ‘‘(i) The Secretary of State shall issue reg- pitals and healthcare facilities, particularly fighting to keep patients safe. Al- ulations to permit an alien granted a non- the elderly, those undergoing dialysis, and though MRSA infections can be mild or those with surgical wounds; immigrant visa under subparagraph (E), (H), moderate, almost 100,000 become seri- (I), (L), (O), or (P) of section 101(a)(15) to Whereas individuals infected with MRSA apply for a renewal of such visa within the are most likely to have longer and more ex- ous and lead to 19,000 deaths each year, United States if— pensive hospital stays, with an average cost according to the Centers for Disease ‘‘(1) such visa is valid or did not expire of $35,000; Control and Prevention. more than 12 months before the date of such Whereas there has been an increase in re- The CDC estimates that in 2005 in the application; ported community-acquired staph infection U.S., 94,000 people developed an

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1073 invasive drug-resistant staph infection. COLEMAN, Mr. VOINOVICH, and Mr. to speak about the ongoing genocide in Out of 94,000 infections, researchers MENENDEZ) submitted the following Darfur. found that more than half were ac- resolution; which was referred to the For more than 4 years the world has quired in the health care system—peo- Committee on Foreign Relations: watched this humanitarian crisis un- ple who had recently had surgery or fold—thousands murdered, tortured, S. RES. 455 were on kidney dialysis, for example. raped, and chased from their homes. The 9,000—often needless—American Whereas, during the past 4 years in Darfur, Thousands more languishing year after hundreds of thousands of innocent victims deaths from these infections every year have been murdered, tortured, and raped, year in refugee camps. account for more than the number of with more than 2,000,000 people driven from Many of us on both sides of the aisle people who died from HIV/AIDS, homi- their homes; have repeatedly called for greater U.S. cide, emphysema, or Parkinson’s. Whereas some but not all of the parties to and international action. President MRSA infections are a persistent cri- the conflict in Darfur participated in the Bush has called the situation genocide sis. In 2002, Illinois hospitals diagnosed first round of a United Nations-African and British Prime Minister Brown said 6,841 cases of MRSA. In 2006, that num- Union peace process launched in October 2007 ‘‘Darfur is the greatest humanitarian ber was 10,714. Steady growth in the in- in Sirte, Libya; crisis the world faces today.’’ cidence of MRSA cases shows a 56.7 Whereas the Comprehensive Peace Agree- U.N. Secretary General Ban Ki-moon percent increase over a 5-year period. ment (CPA) reached between the Govern- has made ending the crisis in Darfur ment of Sudan and the Sudanese People’s one of his top priorities. As a result, the State of Illinois has Liberation Movement (SPLM) in January taken aggressive steps to identify the 2005 has not been fully or evenly imple- Thirteen former world leaders and infection before it grows out of control. mented; current activists—a group of ‘‘El- Illinois was the first State to require Whereas the Government of Sudan has con- ders’’—including former president testing of all high-risk hospital pa- tinued to obstruct the deployment of a joint Jimmy Carter, former U.N. Secretary tients and isolation of those who carry United Nations-African Union peacekeeping General Kofi Annan, Bangladeshi the MRSA bacteria. Twenty-two States force to Darfur that would include non-Afri- microfinance champion Muhammed have passed laws that will give their can elements; Yunus, and Archbishop Desmond Tutu residents important information about Whereas elements of armed rebel move- have called for the immediate deploy- ments in Darfur, including the Justice and ment of a peacekeeping force to hospital infections. Nineteen States Equality Movement (JEM), have made vio- have laws that require public reporting lent threats against the deploying peace- Darfur. of infection rates. keeping force; Here at home, thousands of students, Hospitals are actively working to Whereas 13 former world leaders and cur- churches, and other activists have identify and control infections, imple- rent activists, including former president helped raise awareness of the horrible menting infection control plans to Jimmy Carter, former United Nations Sec- human suffering in Darfur. maintain the safety of patients. For ex- retary-General Kofi Annan, Bangladeshi Such efforts led to an important vote ample, Evanston Northwestern Hos- microfinance champion Muhammed Yunus, last year by the U.N. Security Council pital is now placing patients who test and Archbishop Desmond Tutu, have called to deploy 26,000 peacekeepers from the positive for MRSA in ‘‘contact isola- for the immediate deployment of the peace- U.N. and African Union. This peace- keeping force; and keeping force would go to Darfur to tion.’’ That means patients are placed Whereas, while these and other issues re- in private rooms or rooms with other main pending, it is the people of Darfur, in- halt the violence and create conditions MRSA-positive patients. Also, patients cluding those living in refugee camps, who for a long-term political settlement. who developed symptoms of infection suffer the continuing consequences: Now, Late last year, Congress passed the at the hospitals are tested and treated therefore, be it Sudan Divestment and Accountability on the premises. The strategy is work- Resolved, That the Senate— Act, which will help concerned Ameri- ing. Evanston Northwestern went from (1) calls upon the Government of Sudan cans ensure that their investments do 1,200 cases of patient-to-patient MRSA and other signatories and non-signatories to not support the murderous regime in transmission in 2003 to 80 cases in 2006, the May 5, 2006, Darfur Peace Agreement to Khartoum. and the $600,000-a-year program saved declare and respect an immediate cessation Yet, despite such overwhelming calls twice as much as it cost. of hostilities, cease distributing arms to in- for action, the Sudanese government But we can’t leave it up to the hos- ternally displaced persons, and enable hu- continues to brutalize its own people manitarian organizations to have full unfet- and thumb its nose at the inter- pitals to control these infections. tered access to populations in need; About half of the infections that end (2) calls upon the Government of Sudan to national community. up being treated in hospitals were ac- facilitate the immediate and unfettered de- Earlier this week Sudanese army and tually picked up in the community. ployment of the United Nations-African allied militia forces, with the help of Schools in Illinois, Connecticut, Mary- Union peacekeeping force, including any and helicopter gunships and planes, con- land, North Carolina, Ohio, Virginia all non-African peacekeepers; ducted yet another major assault in and Kentucky have had to close to help (3) urges all invited individuals and move- Darfur, burning villages, killing civil- contain the spread of an infection. ments to attend the next round of peace ne- ians, and forcing thousands more to gotiations and not set preconditions for such School officials in Mississippi, New flee into increasingly unstable Chad. participation; Equally troubling are blatant efforts Hampshire, New York, and Virginia (4) calls upon the diverse rebel movements have reported student deaths from bac- to set aside their differences and work to- by the Sudanese government to ob- teria, while officials in at least four gether in order to better represent the people struct deployment of the peacekeeping other States reported cases of students of Darfur and end their continued suffering; force. For example, Sudan’s leaders being infected. (5) encourages the participation in future have balked at deployment of non-Afri- Today, I am introducing a bipartisan talks of traditional Arab and African leaders can forces. Last month government resolution with the support of my col- from Darfur, women’s groups, local non- forces fired upon a peacekeeping con- leagues Senator HATCH, Senator governmental organizations, and leaders voy. from internally displaced persons (IDP) MENENDEZ, Senator SPECTER, and Sen- In recent months the regime has even camps; appointed notorious figures complicit ator BROWN to designate March as (6) condemns any intimidation or threats MRSA Awareness Month. We hope this against camp or civil society leaders to dis- in the Darfur genocide to senior gov- resolution will bring more attention to courage them from attending the peace ernment positions. Two are wanted by the need to address this critical public talks, whether by the Government of Sudan the International Criminal Court for health issue—not only by communities or rebel leaders; war crimes. and healthcare organizations, but by (7) condemns any action by any party, gov- Incredibly, one such figure, Ahmed the Federal Government. ernment or rebel, that undermines or delays Haroun, was actually appointed to be the peace process in Darfur; and f Minister of Humanitarian Affairs, os- (8) calls upon all parties to the Comprehen- tensibly to assist the very people he SENATE RESOLUTION 455— sive Peace Agreement (CPA) to support and helped displace. CALLING FOR PEACE IN DARFUR respect all terms of the agreement. It is time to bring an end to the vio- Mr. DURBIN (for himself, Mr. BIDEN, Mr. DUBRIN. Mr. President, time lence and set the conditions for a long- Mr. BROWNBACK, Mr. FEINGOLD, Mr. and time again I have come to the floor term political settlement.

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1074 CONGRESSIONAL RECORD — SENATE February 14, 2008 Last week Senator BIDEN led a reso- seek to protect large whales at risk of ex- fishing gear, being struck by ships, or other- lution that called on the President to tinction; wise adversely impacted by human activity; immediately address any equipment Whereas north Atlantic right whales, (3) the mechanisms developed pursuant to shortcomings with the peacekeeping humpback whales, and fin whales are listed paragraph (2) should ensure that— as ‘‘endangered’’ under the United States En- (A) the costs and benefits of whale con- force. dangered Species Act and ‘‘depleted’’ under servation regulations are to the extent fea- I wholeheartedly agree. the Marine Mammal Protection Act, and sible fairly and equitably distributed among The White House must not allow a north Atlantic right whales are listed as regulated and other concerned parties in- modest shortage of equipment to pro- ‘‘endangered’’ and fin whales are listed as a cluding the United States and Canadian gov- long the suffering in Darfur. species of ‘‘special concern’’ under Canada’s ernments, the fishing and shipping indus- Today I am introducing a resolution, Species at Risk Act; tries, States, Canadian provinces, and inter- along with Senators BIDEN, BROWN- Whereas north Atlantic right whales, ested nongovernmental organizations; BACK, COLEMAN, FEINGOLD, MENENDEZ, humpback whales, and fin whales, migrate (B) the full economic impact on fishing throughout the north Atlantic Ocean, in- communities is considered in the develop- and VOINOVICH calling for an imme- cluding through the waters of the United ment of such measures; and diate halt to the violence and a com- States and Canada along the eastern Atlan- (C) the best available science on whale be- mitment from all sides to participate tic Seaboard; havior, including diving, feeding, and migra- in the next round of peace talks. Whereas the populations of large whales in tion, is used to develop conservation mecha- The resolution also calls upon the the north Atlantic Ocean are affected by nat- nisms; government of Sudan to facilitate the ural factors including availability of forage (4) as any bilateral agreement is nego- immediate and unfettered deployment and oceanographic conditions such as water tiated and implemented, the United States of the U.N.-African Union peacekeeping temperature, salinity, and currents, and ad- and Canada should consult with, inter alia, force, including any and all non-Afri- ditional research on these topics will facili- affected fishery management agencies, tate whale conservation; coastal States and provinces impacted by the can peacekeepers. Whereas some fishermen in both the agreement, and appropriate industry and The resolution calls upon the diverse United States and Canada employ fixed gear nongovernmental organizations; and rebel movements to set aside their dif- types within the migratory range of large (5) until the agreement pursuant to para- ferences and work together in order to whales, thereby exposing the species to risks graph (1) becomes operational, the United better represent the people of Darfur of entanglement, and ships transiting both States should continue to undertake efforts and end their continued suffering. United States and Canadian waters have to reduce the impacts of human activity on The resolution condemns any action been known to strike large whales resulting endangered large whales while taking steps, by any party—government or rebel— in injury or death of the cetaceans; to the extent consistent with United States that undermines or delays the peace Whereas the United States has taken sig- law, to minimize the economic impact of nificant regulatory and advisory steps to re- such efforts on affected industries. process. duce the impacts of its fishing and shipping The resolution call upon the govern- Ms. SNOWE. Mr. President, I rise activities on large whale species, including today to introduce a resolution direct- ment of Sudan to enable humanitarian restrictions on fixed fishing gear, closures of ing the U.S. to undertake bilateral dis- organizations to have full unfettered areas to certain types of fishing effort sea- cussions with Canada to negotiate an access to populations in need; and it sonally, and advisory restrictions on vessel agreement to conserve endangered calls upon all parties to the Com- traffic; Whereas effective regulations to ensure large whales that migrate along the prehensive Peace Agreement between Atlantic seaboard of North America. I North and South Sudan to support and conservation and protection of these large whale species must be a transboundary, bi- would also like to thank my col- respect all terms of the agreement. lateral effort that equitably distributes the leagues, Senators COLLINS and SUNUNU We have allowed the humanitarian costs and benefits of whale conservation for their cosponsorship. Whales do not crisis in Darfur to continue for far too among regulated and other concerned parties recognize international boundaries, long. We have allowed a brutal regime in each Nation, including the United States and it is critical that we work with our to repeatedly obstruct and ignore the and Canadian governments, the fishing and neighbors to develop consistent means international community. shipping industries, States, Canadian prov- inces, and interested nongovernmental orga- to protect whales from potentially I call on my colleagues to join us as harmful interactions with fishing gear, we call on the U.S. to put is full weight nizations; Whereas Canada and the United States ships, and other manmade threats. behind deployment of a peacekeeping have a history of cooperation on transbound- Both the U.S. and Canada have taken force and pushing all sides toward a ary marine resource issues, including a joint steps to reduce the impacts of their re- long-term political solution. effort by the Canadian Department of Fish- spective maritime industries on endan- f eries and Oceans and the United States’ gered whale populations, but neither Provincetown Center for Coastal Studies and country can provide adequate protec- SENATE RESOLUTION 456—DIRECT- the New England Aquarium to assist entan- ING THE UNITED STATES TO UN- tion working independently of the gled large whales in the Bay of Fundy and other. Large whales, including criti- DERTAKE BILATERAL DISCUS- Gulf of Maine; SIONS WITH CANADA TO NEGO- Whereas the United States National Oce- cally endangered north Atlantic right TIATE AN AGREEMENT TO CON- anic and Atmospheric Administration has whales, humpback whales, and fin SERVE POPULATIONS OF LARGE long been involved with a series of bilateral whales, migrate throughout the north WHALES AT RISK OF EXTINC- discussions with Canada concerning the Atlantic Ocean, crossing frequently be- United States Atlantic Large Whale Take TION THAT MIGRATE ALONG tween Canadian and U.S. waters where Reduction Plan, and the Canadian Species at fishermen on both sides of the bound- THE ATLANTIC SEABOARD OF Risk Plan; NORTH AMERICA ary employ fishing methods that pose a Whereas encouraging collaboration be- risk of entanglement, and transiting Ms. SNOWE (for herself, Ms. COLLINS, tween representatives of the United States ships have been known to strike the and Canadian Federal governments, affected and Mr. SUNUNU) submitted the fol- cetaceans, resulting in serious injury lowing resolution; which was referred States and Canadian provinces, affected fish- ing and shipping industries, and non-govern- or death. to the Committee on Foreign Rela- mental organizations will facilitate the par- The U.S. has long been a global lead- tions: ties’ ability to develop a sound, scientifically er in marine mammal protection. The S. RES. 456 supported, mutually acceptable agreement: Atlantic Large Whale Take Reduction Whereas populations of large whales in the Now, therefore, be it Plan, developed under the auspices of north Atlantic, including north Atlantic Resolved, by the Senate, That— the National Marine Fisheries Service, right whales, fin whales, and humpback (1) the United States should undertake bi- NMFS, carries a mandate to reduce in- whales, were substantially reduced, largely lateral discussions with Canada to negotiate cidents of whale entanglement with due to commercial whaling efforts that an agreement for the conservation and pro- fishing gear and of ship strikes, and it ended more than 60 years ago in the United tection of migratory or transboundary popu- has issued numerous regulations aimed States and more than 30 years ago in Canada, lations of large whales at risk of extinction and rebuilding and protecting these species in the northwest Atlantic Ocean; at achieving its goals. Unfortunately, requires significant conservation efforts; (2) the agreement negotiated pursuant to many of its regulations on the U.S. Whereas the United States and Canada paragraph (1) should contain mechanisms, fishing industry have not been matched share the goals of marine resource conserva- inter alia, for reducing incidents of endan- by their management counterparts tion through sound scientific research and gered large whales becoming entangled in north of the border. Most recently, in

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1075 October of this year, NMFS issued new S. RES. 457 Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, regulations, including a mandate for Whereas the Chinese New Year is cele- Mr. SMITH, Mr. NELSON of Nebraska, and Mr. lobster fishermen to use sinking rope brated on the second new moon following the SALAZAR) to the bill S. 1200, supra; which was to connect their strings of lobster pots. winter solstice; ordered to lie on the table. Whereas February 7, 2008, marks the first SA 4045. Mr. DEMINT submitted an amend- The intent of this rule is to reduce the ment intended to be proposed to amendment amount of rope in the water column day of the Chinese New Year for 2008, also known as the Year of the Rat or the Year of SA 3899 proposed by Mr. DORGAN (for himself, and thus the risk of a whale becoming Wu Zi; Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, entangled. Traditionally, lobstermen Whereas the Chinese New Year festivities Mr. SMITH, Mr. NELSON of Nebraska, and Mr. have fished using floating rope because begin on the first day of the first lunar SALAZAR) to the bill S. 1200, supra; which was in the strong tides and rocky sea floor month and end 15 days later with the cele- ordered to lie on the table. we experience in many areas off the bration of the Lantern Festival; SA 4046. Mr. DEMINT submitted an amend- ment intended to be proposed to amendment coast of Maine, sinking rope can chaff, Whereas there are approximately 3,500,000 Chinese-Americans in the United States, SA 3899 proposed by Mr. DORGAN (for himself, abrade, and break quite easily. These Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, rules, which are due to take effect in many of whom will be commemorating this important occasion; Mr. SMITH, Mr. NELSON of Nebraska, and Mr. October of this year will increase fish- Whereas this day will be marked by cele- SALAZAR) to the bill S. 1200, supra; which was ermen’s overhead cost by requiring brations throughout our country as Chinese- ordered to lie on the table. SA 4047. Mr. DEMINT submitted an amend- more frequent replacement of degraded Americans gather to watch the dragon and ment intended to be proposed to amendment rope, and pose a safety hazard for our lion dances; and SA 3899 proposed by Mr. DORGAN (for himself, lobstermen. Canadian fishermen expe- Whereas the United States Postal Service Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, will debut a new stamp series for the 12 ani- rience no similar restrictions on their Mr. SMITH, Mr. NELSON of Nebraska, and Mr. mals in the Chinese calendar on February 9, gear, thereby reducing their overhead SALAZAR) to the bill S. 1200, supra; which was 2008, with the series continuing through 2019: costs relative to U.S. fishermen. This ordered to lie on the table. Now, therefore, be it SA 4048. Mr. DEMINT submitted an amend- not only gives them a competitive ad- Resolved, That the Senate— ment intended to be proposed to amendment vantage in the marketplace, but also (1) recognizes the cultural and historical SA 3899 proposed by Mr. DORGAN (for himself, provides no benefit to the endangered significance of the Chinese New Year or Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, species of whales our lobstermen are Spring Festival; Mr. SMITH, Mr. NELSON of Nebraska, and Mr. making sacrifices to protect. (2) in observance of the Chinese New Year, SALAZAR) to the bill S. 1200, supra; which was expresses its deepest respect for Chinese- Canada should be praised, however, ordered to lie on the table. Americans and all those throughout the for its efforts to implement regulations SA 4049. Mr. DEMINT submitted an amend- world who will be celebrating this signifi- on its shipping industry, including im- ment intended to be proposed to amendment cant occasion; and posing speed limits in areas whales are SA 3899 proposed by Mr. DORGAN (for himself, (3) wishes Chinese-Americans and all those Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, known to frequent. NMFS’s Take Re- who observe this holiday a happy and pros- Mr. SMITH, Mr. NELSON of Nebraska, and Mr. duction Team has developed similar perous new year. SALAZAR) to the bill S. 1200, supra; which was regulations for shippers transiting f areas of U.S. waters, and NMFS sent ordered to lie on the table. SA 4050. Mr. DEMINT submitted an amend- its final rule to the Office of Manage- AMENDMENTS SUBMITTED AND PROPOSED ment intended to be proposed to amendment ment and Budget nearly 1 year ago, but SA 3899 proposed by Mr. DORGAN (for himself, to date, that office has failed to release SA 4038. Mr. VITTER submitted an amend- Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, it. I find it inexcusable that the admin- ment intended to be proposed to amendment Mr. SMITH, Mr. NELSON of Nebraska, and Mr. istration finds it acceptable to impose SA 3899 proposed by Mr. DORGAN (for himself, SALAZAR) to the bill S. 1200, supra; which was harsh restrictions on the lobster indus- Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, ordered to lie on the table. try, which is comprised of hardworking Mr. SMITH, Mr. NELSON of Nebraska, and Mr. SA 4051. Mr. DEMINT submitted an amend- SALAZAR) to the bill S. 1200, to amend the In- ment intended to be proposed to amendment small businessmen struggling to make dian Health Care Improvement Act to revise SA 3899 proposed by Mr. DORGAN (for himself, ends meet, but refuses to impose re- and extend the Act. Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, strictions on a multi-billion dollar in- SA 4039. Mr. DEMINT submitted an amend- Mr. SMITH, Mr. NELSON of Nebraska, and Mr. dustry. This despite the fact that the ment intended to be proposed to amendment SALAZAR) to the bill S. 1200, supra; which was cost of the ship strike rules, expressed SA 3899 proposed by Mr. DORGAN (for himself, ordered to lie on the table. as a percentage of the affected indus- Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, SA 4052. Mr. DEMINT submitted an amend- try’s total earnings, will be a fraction Mr. SMITH, Mr. NELSON of Nebraska, and Mr. ment intended to be proposed to amendment SALAZAR) to the bill S. 1200, supra; which was SA 3899 proposed by Mr. DORGAN (for himself, of the cost of the gear restrictions. ordered to lie on the table. Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, This inequity is exacerbated by the SA 4040. Mr. DEMINT submitted an amend- Mr. SMITH, Mr. NELSON of Nebraska, and Mr. fact that since 2001, nearly three times ment intended to be proposed to amendment SALAZAR) to the bill S. 1200, supra; which was more whales have been confirmed SA 3899 proposed by Mr. DORGAN (for himself, ordered to lie on the table. killed by ship strikes than by entangle- Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, SA 4053. Mr. DEMINT submitted an amend- ment in fishing gear. Mr. SMITH, Mr. NELSON of Nebraska, and Mr. ment intended to be proposed to amendment I expect that this resolution will SALAZAR) to the bill S. 1200, supra; which was SA 3899 proposed by Mr. DORGAN (for himself, serve to spur productive conversations ordered to lie on the table. Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, SA 4041. Mr. DEMINT submitted an amend- Mr. SMITH, Mr. NELSON of Nebraska, and Mr. between the U.S. and Canada that will ment intended to be proposed to amendment SALAZAR) to the bill S. 1200, supra; which was ultimately lead to development of bi- SA 3899 proposed by Mr. DORGAN (for himself, ordered to lie on the table. lateral whale protection measures. By Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, SA 4054. Mr. DEMINT submitted an amend- agreeing to equal protection measures Mr. SMITH, Mr. NELSON of Nebraska, and Mr. ment intended to be proposed to amendment in U.S. and Canadian waters, we can SALAZAR) to the bill S. 1200, supra; which was SA 3899 proposed by Mr. DORGAN (for himself, not only guarantee more comprehen- ordered to lie on the table. Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, sive protection for endangered whales, SA 4042. Mr. DEMINT submitted an amend- Mr. SMITH, Mr. NELSON of Nebraska, and Mr. but also a fair distribution of cost to ment intended to be proposed to amendment SALAZAR) to the bill S. 1200, supra; which was SA 3899 proposed by Mr. DORGAN (for himself, ordered to lie on the table. affected industries and a level playing Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, SA 4055. Mr. DEMINT submitted an amend- field for both U.S. and Canadian prod- Mr. SMITH, Mr. NELSON of Nebraska, and Mr. ment intended to be proposed to amendment ucts. SALAZAR) to the bill S. 1200, supra; which was SA 3899 proposed by Mr. DORGAN (for himself, f ordered to lie on the table. Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, SA 4043. Mr. DEMINT submitted an amend- Mr. SMITH, Mr. NELSON of Nebraska, and Mr. SENATE RESOLUTION 457—RECOG- ment intended to be proposed to amendment SALAZAR) to the bill S. 1200, supra; which was NIZING THE CULTURAL AND HIS- SA 3899 proposed by Mr. DORGAN (for himself, ordered to lie on the table. TORICAL SIGNIFICANCE OF THE Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, SA 4056. Mr. DEMINT submitted an amend- CHINESE NEW YEAR OR SPRING Mr. SMITH, Mr. NELSON of Nebraska, and Mr. ment intended to be proposed to amendment FESTIVAL SALAZAR) to the bill S. 1200, supra; which was SA 3899 proposed by Mr. DORGAN (for himself, ordered to lie on the table. Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, Mr. REID submitted the following SA 4044. Mr. DEMINT submitted an amend- Mr. SMITH, Mr. NELSON of Nebraska, and Mr. resolution; which was considered and ment intended to be proposed to amendment SALAZAR) to the bill S. 1200, supra; which was agreed to: SA 3899 proposed by Mr. DORGAN (for himself, ordered to lie on the table.

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1076 CONGRESSIONAL RECORD — SENATE February 14, 2008

SA 4057. Mr. DEMINT submitted an amend- Mr. SMITH, Mr. NELSON of Nebraska, and Mr. amendment SA 3899 proposed by Mr. DORGAN ment intended to be proposed to amendment SALAZAR) to the bill S. 1200, supra; which was (for himself, Ms. MURKOWSKI, Mr. BAUCUS, SA 3899 proposed by Mr. DORGAN (for himself, ordered to lie on the table. Mr. KENNEDY, Mr. SMITH, Mr. NELSON of Ne- Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, SA 4070. Mr. DEMINT submitted an amend- braska, and Mr. SALAZAR) to the bill S. 1200, Mr. SMITH, Mr. NELSON of Nebraska, and Mr. ment intended to be proposed to amendment supra. SALAZAR) to the bill S. 1200, supra; which was SA 3899 proposed by Mr. DORGAN (for himself, SA 4083. Mr. BINGAMAN (for himself and ordered to lie on the table. Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, Mr. THUNE) submitted an amendment in- SA 4058. Mr. DEMINT submitted an amend- Mr. SMITH, Mr. NELSON of Nebraska, and Mr. tended to be proposed to amendment SA 3899 ment intended to be proposed to amendment SALAZAR) to the bill S. 1200, supra. proposed by Mr. DORGAN (for himself, Ms. SA 3899 proposed by Mr. DORGAN (for himself, SA 4071. Mr. DEMINT submitted an amend- MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, Mr. Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, ment intended to be proposed to amendment SMITH, Mr. NELSON of Nebraska, and Mr. Mr. SMITH, Mr. NELSON of Nebraska, and Mr. SA 3899 proposed by Mr. DORGAN (for himself, SALAZAR) to the bill S. 1200, supra. SALAZAR) to the bill S. 1200, supra; which was Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, SA 4084. Mr. REID (for Mr. BIDEN) proposed ordered to lie on the table. Mr. SMITH, Mr. NELSON of Nebraska, and Mr. an amendment to the resolution S. Res. 444, SA 4059. Mr. DEMINT submitted an amend- SALAZAR) to the bill S. 1200, supra; which was expressing the sense of the Senate regarding ment intended to be proposed to amendment ordered to lie on the table. the strong alliance that has been forged be- SA 3899 proposed by Mr. DORGAN (for himself, SA 4072. Mr. DEMINT submitted an amend- tween the United States and the Republic of Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, ment intended to be proposed to amendment Korea and congratulating Myung-Bak Lee on Mr. SMITH, Mr. NELSON of Nebraska, and Mr. SA 3899 proposed by Mr. DORGAN (for himself, his election to the presidency of the Republic SALAZAR) to the bill S. 1200, supra; which was Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, of Korea. ordered to lie on the table. Mr. SMITH, Mr. NELSON of Nebraska, and Mr. f SA 4060. Mr. DEMINT submitted an amend- SALAZAR) to the bill S. 1200, supra; which was ment intended to be proposed to amendment ordered to lie on the table. TEXT OF AMENDMENTS SA 3899 proposed by Mr. DORGAN (for himself, SA 4073. Mr. DEMINT submitted an amend- Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, ment intended to be proposed to amendment SA 4038. Mr. VITTER submitted an Mr. SMITH, Mr. NELSON of Nebraska, and Mr. SA 3899 proposed by Mr. DORGAN (for himself, amendment intended to be proposed by SALAZAR) to the bill S. 1200, supra; which was Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, him to the bill S. 1200, to amend the In- ordered to lie on the table. Mr. SMITH, Mr. NELSON of Nebraska, and Mr. dian Health Care Improvement Act to SA 4061. Mr. DEMINT submitted an amend- SALAZAR) to the bill S. 1200, supra. revise and extend the Act; which was ment intended to be proposed to amendment SA 4074. Mr. DEMINT submitted an amend- ordered to lie on the table; as follows: SA 3899 proposed by Mr. DORGAN (for himself, ment intended to be proposed to amendment On page 294, strike lines 11 through 15 and Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, SA 3899 proposed by Mr. DORGAN (for himself, insert the following: Mr. SMITH, Mr. NELSON of Nebraska, and Mr. Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, grams involving treatment for victims of SALAZAR) to the bill S. 1200, supra; which was Mr. SMITH, Mr. NELSON of Nebraska, and Mr. sexual abuse who are Indian children or chil- ordered to lie on the table. SALAZAR) to the bill S. 1200, supra; which was dren in an Indian household. SA 4062. Mr. DEMINT submitted an amend- ordered to lie on the table. ment intended to be proposed to amendment SA 4075. Mr. DEMINT submitted an amend- SA 3899 proposed by Mr. DORGAN (for himself, ment intended to be proposed to amendment SA 4039. Mr. DEMINT submitted an Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, SA 3899 proposed by Mr. DORGAN (for himself, amendment intended to be proposed to Mr. SMITH, Mr. NELSON of Nebraska, and Mr. Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, amendment SA 3899 proposed by Mr. SALAZAR) to the bill S. 1200, supra; which was Mr. SMITH, Mr. NELSON of Nebraska, and Mr. DORGAN (for himself, Ms. MURKOWSKI, ordered to lie on the table. SALAZAR) to the bill S. 1200, supra; which was Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, SA 4063. Mr. DEMINT submitted an amend- ordered to lie on the table. Mr. NELSON of Nebraska, and Mr. SALA- ment intended to be proposed to amendment SA 4076. Mr. DEMINT submitted an amend- ZAR) to the bill S. 1200, to amend the SA 3899 proposed by Mr. DORGAN (for himself, ment intended to be proposed to amendment Indian Health Care Improvement Act Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, SA 3899 proposed by Mr. DORGAN (for himself, Mr. SMITH, Mr. NELSON of Nebraska, and Mr. Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, to revise and extend the Act; which SALAZAR) to the bill S. 1200, supra; which was Mr. SMITH, Mr. NELSON of Nebraska, and Mr. was ordered to lie on the table; as fol- ordered to lie on the table. SALAZAR) to the bill S. 1200, supra; which was lows: SA 4064. Mr. DEMINT submitted an amend- ordered to lie on the table. Beginning on page 7, strike line 17 and all ment intended to be proposed to amendment SA 4077. Mr. DEMINT submitted an amend- that follows through page 9, line 5. SA 3899 proposed by Mr. DORGAN (for himself, ment intended to be proposed to amendment SA 3899 proposed by Mr. DORGAN (for himself, Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, SA 4040. Mr. DEMINT submitted an Mr. SMITH, Mr. NELSON of Nebraska, and Mr. Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, amendment intended to be proposed to SALAZAR) to the bill S. 1200, supra; which was Mr. SMITH, Mr. NELSON of Nebraska, and Mr. ordered to lie on the table. SALAZAR) to the bill S. 1200, supra; which was amendment SA 3899 proposed by Mr. SA 4065. Mr. DEMINT submitted an amend- ordered to lie on the table. DORGAN (for himself, Ms. MURKOWSKI, ment intended to be proposed to amendment SA 4078. Mr. COBURN submitted an Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, SA 3899 proposed by Mr. DORGAN (for himself, amendment intended to be proposed to Mr. NELSON of Nebraska, and Mr. SALA- Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, amendment SA 3899 proposed by Mr. DORGAN ZAR) to the bill S. 1200, to amend the Mr. SMITH, Mr. NELSON of Nebraska, and Mr. (for himself, Ms. MURKOWSKI, Mr. BAUCUS, Indian Health Care Improvement Act SALAZAR) to the bill S. 1200, supra; which was Mr. KENNEDY, Mr. SMITH, Mr. NELSON of Ne- to revise and extend the Act; which braska, and Mr. SALAZAR) to the bill S. 1200, ordered to lie on the table. was ordered to lie on the table; as fol- SA 4066. Mr. DEMINT submitted an amend- supra. ment intended to be proposed to amendment SA 4079. Mr. BINGAMAN submitted an lows: SA 3899 proposed by Mr. DORGAN (for himself, amendment intended to be proposed to On page 7, line 23, strike ‘‘and Urban Indi- Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, amendment SA 3899 proposed by Mr. DORGAN ans’’. Mr. SMITH, Mr. NELSON of Nebraska, and Mr. (for himself, Ms. MURKOWSKI, Mr. BAUCUS, SALAZAR) to the bill S. 1200, supra. Mr. KENNEDY, Mr. SMITH, Mr. NELSON of Ne- SA 4041. Mr. DEMINT submitted an SA 4067. Mr. DEMINT submitted an amend- braska, and Mr. SALAZAR) to the bill S. 1200, amendment intended to be proposed to ment intended to be proposed to amendment supra; which was ordered to lie on the table. amendment SA 3899 proposed by Mr. SA 3894 proposed by Mr. BINGAMAN (for him- SA 4080. Mr. DEMINT submitted an amend- DORGAN (for himself, Ms. MURKOWSKI, self and Mr. THUNE) to the amendment SA ment intended to be proposed to amendment Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, 3899 proposed by Mr. DORGAN (for himself, SA 4070 submitted by Mr. DEMINT to the Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, amendment SA 3899 proposed by Mr. DORGAN Mr. NELSON of Nebraska, and Mr. SALA- Mr. SMITH, Mr. NELSON of Nebraska, and Mr. (for himself, Ms. MURKOWSKI, Mr. BAUCUS, ZAR) to the bill S. 1200, to amend the SALAZAR) to the bill S. 1200, supra. Mr. KENNEDY, Mr. SMITH, Mr. NELSON of Ne- Indian Health Care Improvement Act SA 4068. Mr. DEMINT submitted an amend- braska, and Mr. SALAZAR) to the bill S. 1200, to revise and extend the Act; which ment intended to be proposed to amendment supra. was ordered to lie on the table; as fol- SA 3899 proposed by Mr. DORGAN (for himself, SA 4081. Mr. DURBIN submitted an amend- lows: Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, ment intended to be proposed to amendment Mr. SMITH, Mr. NELSON of Nebraska, and Mr. SA 3899 proposed by Mr. DORGAN (for himself, On page 8, lines 19 and 20, strike ‘‘, and SALAZAR) to the bill S. 1200, supra; which was Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, conference with Urban Indian Organiza- ordered to lie on the table. Mr. SMITH, Mr. NELSON of Nebraska, and Mr. tions,’’. SA 4069. Mr. DEMINT submitted an amend- SALAZAR) to the bill S. 1200, supra; which was ment intended to be proposed to amendment ordered to lie on the table. SA 4042. Mr. DEMINT submitted an SA 3899 proposed by Mr. DORGAN (for himself, SA 4082. Mr. DORGAN (for himself and Ms. amendment intended to be proposed to Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, MURKOWSKI) proposed an amendment to amendment SA 3899 proposed by Mr.

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1077 DORGAN (for himself, Ms. MURKOWSKI, was ordered to lie on the table; as fol- was ordered to lie on the table; as fol- Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, lows: lows: Mr. NELSON of Nebraska, and Mr. SALA- On page 12, strike lines 7 and 8. On page 13, strike line 19. ZAR) to the bill S. 1200, to amend the Indian Health Care Improvement Act SA 4048. Mr. DEMINT submitted an SA 4054. Mr. DEMINT submitted an to revise and extend the Act; which amendment intended to be proposed to amendment intended to be proposed to was ordered to lie on the table; as fol- amendment SA 3899 proposed by Mr. amendment SA 3899 proposed by Mr. lows: DORGAN (for himself, Ms. MURKOWSKI, DORGAN (for himself, Ms. MURKOWSKI, On page 11, strike lines 7 through 9 and in- Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, sert the following: Mr. NELSON of Nebraska, and Mr. SALA- Mr. NELSON of Nebraska, and Mr. SALA- ‘‘(B) providing immunizations. ZAR) to the bill S. 1200, to amend the ZAR) to the bill S. 1200, to amend the Indian Health Care Improvement Act Indian Health Care Improvement Act SA 4043. Mr. DEMINT submitted an to revise and extend the Act; which to revise and extend the Act; which amendment intended to be proposed to was ordered to lie on the table; as fol- was ordered to lie on the table; as fol- amendment SA 3899 proposed by Mr. lows: lows: DORGAN (for himself, Ms. MURKOWSKI, On page 12, strike lines 9 and 10. On page 14, strike line 1. Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, SA 4055. Mr. DEMINT submitted an Mr. NELSON of Nebraska, and Mr. SALA- SA 4049. Mr. DEMINT submitted an ZAR) to the bill S. 1200, to amend the amendment intended to be proposed to amendment intended to be proposed to Indian Health Care Improvement Act amendment SA 3899 proposed by Mr. amendment SA 3899 proposed by Mr. DORGAN (for himself, Ms. MURKOWSKI, to revise and extend the Act; which DORGAN (for himself, Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, was ordered to lie on the table; as fol- Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, Mr. NELSON of Nebraska, and Mr. SALA- lows: Mr. NELSON of Nebraska, and Mr. SALA- ZAR) to the bill S. 1200, to amend the On page 11, strike lines 17 through 19 and ZAR) to the bill S. 1200, to amend the insert the following: Indian Health Care Improvement Act Indian Health Care Improvement Act medicine, environmental health and engi- to revise and extend the Act; which to revise and extend the Act; which neering, and allied health professions. was ordered to lie on the table; as fol- was ordered to lie on the table; as fol- lows: lows: SA 4044. Mr. DEMINT submitted an On page 14, strike line 8. amendment intended to be proposed to On page 12, strike line 18. amendment SA 3899 proposed by Mr. SA 4056. Mr. DEMINT submitted an SA 4050. Mr. DEMINT submitted an DORGAN (for himself, Ms. MURKOWSKI, amendment intended to be proposed to amendment intended to be proposed to amendment SA 3899 proposed by Mr. Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, amendment SA 3899 proposed by Mr. Mr. NELSON of Nebraska, and Mr. SALA- DORGAN (for himself, Ms. MURKOWSKI, DORGAN (for himself, Ms. MURKOWSKI, ZAR) to the bill S. 1200, to amend the Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, Indian Health Care Improvement Act Mr. NELSON of Nebraska, and Mr. SALA- Mr. NELSON of Nebraska, and Mr. SALA- to revise and extend the Act; which ZAR) to the bill S. 1200, to amend the ZAR) to the bill S. 1200, to amend the was ordered to lie on the table; as fol- Indian Health Care Improvement Act Indian Health Care Improvement Act to revise and extend the Act; which lows: to revise and extend the Act; which On page 11, strike lines 21 through 23 and was ordered to lie on the table; as fol- was ordered to lie on the table; as fol- lows: insert the following: lows: ‘‘(A) improving health, including by rais- On page 14, strike lines 10 and 11 and insert ing public awareness about On page 12, strike line 24. the following: by the Service or a Tribal Health Program to SA 4045. Mr. DEMINT submitted an SA 4051. Mr. DEMINT submitted an pro- amendment intended to be proposed to amendment intended to be proposed to amendment SA 3899 proposed by Mr. amendment SA 3899 proposed by Mr. SA 4057. Mr. DEMINT submitted an DORGAN (for himself, Ms. MURKOWSKI, DORGAN (for himself, Ms. MURKOWSKI, amendment intended to be proposed to Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, amendment SA 3899 proposed by Mr. Mr. NELSON of Nebraska, and Mr. SALA- Mr. NELSON of Nebraska, and Mr. SALA- DORGAN (for himself, Ms. MURKOWSKI, ZAR) to the bill S. 1200, to amend the ZAR) to the bill S. 1200, to amend the Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, Indian Health Care Improvement Act Indian Health Care Improvement Act Mr. NELSON of Nebraska, and Mr. SALA- to revise and extend the Act; which to revise and extend the Act; which ZAR) to the bill S. 1200, to amend the was ordered to lie on the table; as fol- was ordered to lie on the table; as fol- Indian Health Care Improvement Act lows: lows: to revise and extend the Act; which On page 12, strike lines 3 and 4. On page 13, strike lines 5 and 6. was ordered to lie on the table; as fol- lows: SA 4046. Mr. DEMINT submitted an SA 4052. Mr. DEMINT submitted an On page 14, line 20, strike ‘‘(i)’’. amendment intended to be proposed to amendment intended to be proposed to On page 15, line 2, strike ‘‘or’’. amendment SA 3899 proposed by Mr. amendment SA 3899 proposed by Mr. On page 15, strike lines 3 and 4. DORGAN (for himself, Ms. MURKOWSKI, DORGAN (for himself, Ms. MURKOWSKI, SA 4058. Mr. DEMINT submitted an Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, amendment intended to be proposed to Mr. NELSON of Nebraska, and Mr. SALA- Mr. NELSON of Nebraska, and Mr. SALA- amendment SA 3899 proposed by Mr. ZAR) to the bill S. 1200, to amend the ZAR) to the bill S. 1200, to amend the DORGAN (for himself, Ms. MURKOWSKI, Indian Health Care Improvement Act Indian Health Care Improvement Act Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, to revise and extend the Act; which to revise and extend the Act; which Mr. NELSON of Nebraska, and Mr. SALA- was ordered to lie on the table; as fol- was ordered to lie on the table; as fol- ZAR) to the bill S. 1200, to amend the lows: lows: Indian Health Care Improvement Act On page 12, strike lines 5 and 6. On page 13, strike line 15. to revise and extend the Act; which was ordered to lie on the table; as fol- SA 4047. Mr. DEMINT submitted an SA 4053. Mr. DEMINT submitted an amendment intended to be proposed to amendment intended to be proposed to lows: amendment SA 3899 proposed by Mr. amendment SA 3899 proposed by Mr. On page 15, line 6, insert ‘‘or’’ after the semicolon. DORGAN (for himself, Ms. MURKOWSKI, DORGAN (for himself, Ms. MURKOWSKI, On page 15, strike lines 8 through 10 and in- Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, sert the following: Mr. NELSON of Nebraska, and Mr. SALA- Mr. NELSON of Nebraska, and Mr. SALA- Interior to be an Indian for any purpose. ZAR) to the bill S. 1200, to amend the ZAR) to the bill S. 1200, to amend the Indian Health Care Improvement Act Indian Health Care Improvement Act SA 4059. Mr. DEMINT submitted an to revise and extend the Act; which to revise and extend the Act; which amendment intended to be proposed to

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1078 CONGRESSIONAL RECORD — SENATE February 14, 2008 amendment SA 3899 proposed by Mr. Mr. NELSON of Nebraska, and Mr. SALA- At the appropriate place, add the fol- DORGAN (for himself, Ms. MURKOWSKI, ZAR) to the bill S. 1200, to amend the lowing: Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, Indian Health Care Improvement Act SEC. ll. RECISSION AND TRANSFER OF FUNDS. Mr. NELSON of Nebraska, and Mr. SALA- to revise and extend the Act; which (a) RECISSION OF CERTAIN EARMARKS.—All ZAR) to the bill S. 1200, to amend the was ordered to lie on the table; as fol- of the amounts appropriated by the Consoli- Indian Health Care Improvement Act lows: dated Appropriations Act, 2008 (Public Law 110–161) and the accompanying report for to revise and extend the Act; which Beginning on page 159, strike line 12 and congressional directed spending items for was ordered to lie on the table; as fol- all that follows through page 161, line 16. the City of Berkeley, California, or entities lows: located in such city are hereby rescinded. SA 4065. Mr. DEMINT submitted an (b) TRANSFER OF FUNDS TO OPERATION AND On page 16, lines 5 and 6, strike ‘‘including amendment intended to be proposed to former reservations in Oklahoma, Indian al- MAINTENANCE, MARINE CORPS.—The amounts lotments, and’’ and insert ‘‘including Indian amendment SA 3899 proposed by Mr. rescinded under subsection (a) shall be trans- allotments and’’. DORGAN (for himself, Ms. MURKOWSKI, ferred to the ‘‘OPERATION AND MAINTENANCE, Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, MARINE CORPS’’ account of the Department SA 4060. Mr. DEMINT submitted an Mr. NELSON of Nebraska, and Mr. SALA- of Defense for fiscal year 2008 to be used for amendment intended to be proposed to ZAR) to the bill S. 1200, to amend the recruiting purposes. amendment SA 3899 proposed by Mr. Indian Health Care Improvement Act (c) CONGRESSIONAL DIRECTED SPENDING ITEM DEFINED.—In this section, the term DORGAN (for himself, Ms. MURKOWSKI, to revise and extend the Act; which was ordered to lie on the table; as fol- ‘‘congressional directed spending item’’ has Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, the meaning given such term in paragraph Mr. NELSON of Nebraska, and Mr. SALA- lows: 5(a) of rule XLIV of the Standing Rules of ZAR) to the bill S. 1200, to amend the Beginning on page 170, strike line 14 and the Senate. Indian Health Care Improvement Act all that follows through page 172, line 1, and to revise and extend the Act; which insert the following: SA 4068. Mr. DEMINT submitted an ‘‘(1) GENERAL PROJECTS.—The Secretary amendment intended to be proposed to was ordered to lie on the table; as fol- may approve under this section demonstra- lows: tion projects that meet the following cri- amendment SA 3899 proposed by Mr. On page 18, strike lines 12 through 20 and teria: DORGAN (for himself, Ms. MURKOWSKI, insert the following: ‘‘(A) There is a need for a new facility or Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, the States in which they reside. program, such as a program for convenient Mr. NELSON of Nebraska, and Mr. SALA- ‘‘(B) The individual is determined to be an care services, or the reorientation of an ex- ZAR) to the bill S. 1200, to amend the isting facility or program. Indian Health Care Improvement Act SA 4061. Mr. DEMINT submitted an ‘‘(B) A significant number of Indians, in- to revise and extend the Act; which amendment intended to be proposed to cluding Indians with low health status, will was ordered to lie on the table; as fol- be served by the project. amendment SA 3899 proposed by Mr. lows: DORGAN (for himself, Ms. MURKOWSKI, ‘‘(C) The project has the potential to de- Beginning on page 221, strike line 1 and all Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, liver services in an efficient and effective manner. that follows through page 245, line 24. Mr. NELSON of Nebraska, and Mr. SALA- ‘‘(D) The project is economically viable. ZAR) to the bill S. 1200, to amend the ‘‘(E) For projects carried out by an Indian SA 4069. Mr. DEMINT submitted an Indian Health Care Improvement Act Tribe or Tribal Organization, the Indian amendment intended to be proposed to to revise and extend the Act; which Tribe or Tribal Organization has the admin- amendment SA 3899 proposed by Mr. was ordered to lie on the table; as fol- istrative and financial capability to admin- DORGAN (for himself, Ms. MURKOWSKI, lows: ister the project. Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, ‘‘(F) The project is integrated with pro- On page 48, strike lines 13 and 14 and insert Mr. NELSON of Nebraska, and Mr. SALA- the following: viders of related health and social services and is coordinated with, and avoids duplica- ZAR) to the bill S. 1200, to amend the efforts of an Indian Health Program; and tion of, existing services in order to expand Indian Health Care Improvement Act the availability of services. to revise and extend the Act; which SA 4062. Mr. DEMINT submitted an On page 173, line 5, strike ‘‘(1)(A)’’ and in- was ordered to lie on the table; as fol- amendment intended to be proposed to sert ‘‘(1)’’. lows: On page 173, line 22, strike ‘‘(1)(A)’’ and in- amendment SA 3899 proposed by Mr. On page 260, between lines 15 and 16, insert sert ‘‘(1)’’. DORGAN (for himself, Ms. MURKOWSKI, the following: Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, SA 4066. Mr. DEMINT submitted an ‘‘(g) LIMITATION.—Notwithstanding any Mr. NELSON of Nebraska, and Mr. SALA- amendment intended to be proposed to other provision of law, no funds shall be made available under this section for any ZAR) to the bill S. 1200, to amend the amendment SA 3899 proposed by Mr. Indian Health Care Improvement Act needle exchange program. DORGAN (for himself, Ms. MURKOWSKI, to revise and extend the Act; which Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, was ordered to lie on the table; as fol- SA 4070. Mr. DEMINT submitted an Mr. NELSON of Nebraska, and Mr. SALA- lows: amendment intended to be proposed to ZAR) to the bill S. 1200, to amend the amendment SA 3899 proposed by Mr. On page 92, strike lines 22 and 23. Indian Health Care Improvement Act DORGAN (for himself, Ms. MURKOWSKI, to revise and extend the Act; which Mr. DEMINT submitted an Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, SA 4063. was ordered to lie on the table; as fol- amendment intended to be proposed to Mr. NELSON of Nebraska, and Mr. SALA- lows: amendment SA 3899 proposed by Mr. ZAR) to the bill S. 1200, to amend the On page 207, strike lines 4 and 5 and insert Indian Health Care Improvement Act DORGAN (for himself, Ms. MURKOWSKI, the following: Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, to revise and extend the Act; which care organization; Mr. NELSON of Nebraska, and Mr. SALA- was ordered to lie on the table; as fol- ‘‘(4) a self-insured plan; or lows: ZAR) to the bill S. 1200, to amend the ‘‘(5) a high deductible or health savings ac- Indian Health Care Improvement Act count plan. On page 309, between lines 19 and 20, insert to revise and extend the Act; which the following: was ordered to lie on the table; as fol- SA 4067. Mr. DEMINT submitted an ‘‘(c) FIREARM PROGRAMS.—None of the funds made available to carry out this Act lows: amendment intended to be proposed to amendment SA 3894 proposed by Mr. may be used to carry out any antifirearm On page 92, strike lines 14 through 16 and program, gun buy-back program, or program BINGAMAN (for himself and Mr. THUNE) insert the following: to discourage or stigmatize the private own- and therapeutic and residential treatment to the amendment SA 3899 proposed by ership of firearms for collecting, hunting, or centers. Mr. DORGAN (for himself, Ms. MUR- self-defense purposes. KOWSKI, Mr. BAUCUS, Mr. KENNEDY, Mr. SA 4064. Mr. DEMINT submitted an SMITH, Mr. NELSON of Nebraska, and SA 4071. Mr. DEMINT submitted an amendment intended to be proposed to Mr. SALAZAR) to the bill S. 1200, to amendment intended to be proposed to amendment SA 3899 proposed by Mr. amend the Indian Health Care Improve- amendment SA 3899 proposed by Mr. DORGAN (for himself, Ms. MURKOWSKI, ment Act to revise and extend the Act; DORGAN (for himself, Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, as follows: Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH,

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1079 Mr. NELSON of Nebraska, and Mr. SALA- was ordered to lie on the table; as fol- ZAR) to the bill S. 1200, to amend the ZAR) to the bill S. 1200, to amend the lows: Indian Health Care Improvement Act Indian Health Care Improvement Act Strike paragraph (12) of section 4 of the In- to revise and extend the Act; which to revise and extend the Act; which dian Health Care Improvement Act (as was ordered to lie on the table; as fol- was ordered to lie on the table; as fol- amended by section 101) and insert the fol- lows: lows: lowing: At the end of title I, add the following: ‘‘(12) The term ‘Indian’ means any indi- On page 364, strike lines 7 through 9 and in- SEC. lll. GAO STUDY AND REPORT ON PAY- vidual who is a member of an Indian Tribe. sert the following: MENTS FOR CONTRACT HEALTH or colony, including SERVICES. SA 4076. Mr. DEMINT submitted an (a) STUDY.— amendment intended to be proposed to SA 4072. Mr. DEMINT submitted an (1) IN GENERAL.—The Comptroller General amendment intended to be proposed to amendment SA 3899 proposed by Mr. of the United States (in this section referred amendment SA 3899 proposed by Mr. DORGAN (for himself, Ms. MURKOWSKI, to as the ‘‘Comptroller General’’) shall con- AUCUS ENNEDY MITH duct a study on the utilization of health care DORGAN (for himself, Ms. MURKOWSKI, Mr. B , Mr. K , Mr. S , ELSON ALA furnished by health care providers under the Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, Mr. N of Nebraska, and Mr. S - ZAR contract health services program funded by Mr. NELSON of Nebraska, and Mr. SALA- ) to the bill S. 1200, to amend the Indian Health Care Improvement Act the Indian Health Service and operated by ZAR) to the bill S. 1200, to amend the the Indian Health Service, an Indian Tribe, Indian Health Care Improvement Act to revise and extend the Act; which or a Tribal Organization (as those terms are to revise and extend the Act; which was ordered to lie on the table; as fol- defined in section 4 of the Indian Health Care was ordered to lie on the table; as fol- lows: Improvement Act). lows: In section 213(a) of the Indian Health Care (2) ANALYSIS.—The study conducted under Improvement Act (as amended by section paragraph (1) shall include an analysis of— On page 364, strike lines 17 through 23. 101), strike paragraphs (1) through (4) and in- (A) the amounts reimbursed under the con- On page 364, line 24, strike ‘‘(D)’’ and insert sert the following: tract health services program described in ‘‘(C)’’. ‘‘(1) hospice care; and paragraph (1) for health care furnished by en- On page 365, line 1, strike ‘‘through (C)’’ ‘‘(2) home- and community-based services. tities, individual providers, and suppliers, in- and insert ‘‘and (B)’’. cluding a comparison of reimbursement for SA 4077. Mr. DEMINT submitted an such health care through other public pro- SA 4073. Mr. DEMINT submitted an amendment intended to be proposed to grams and in the private sector; amendment intended to be proposed to amendment SA 3899 proposed by Mr. (B) barriers to accessing care under such amendment SA 3899 proposed by Mr. contract health services program, including, DORGAN (for himself, Ms. MURKOWSKI, DORGAN (for himself, Ms. MURKOWSKI, but not limited to, barriers relating to travel Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, distances, cultural differences, and public Mr. NELSON of Nebraska, and Mr. SALA- Mr. NELSON of Nebraska, and Mr. SALA- and private sector reluctance to furnish care ZAR) to the bill S. 1200, to amend the ZAR) to the bill S. 1200, to amend the to patients under such program; Indian Health Care Improvement Act Indian Health Care Improvement Act (C) the adequacy of existing Federal fund- to revise and extend the Act; which ing for health care under such contract to revise and extend the Act; which was ordered to lie on the table; as fol- health services program; and was ordered to lie on the table; as fol- lows: (D) any other items determined appro- lows: priate by the Comptroller General. Strike section 814 of the Indian Health At the end, add the following: Care Improvement Act (as amended by sec- SA 4080. Mr. DEMINT submitted an TITLE III—APPLICABILITY tion 101) (relating to establishment of a Na- amendment intended to be proposed by SEC. 3ll. INDIAN TRIBES OPERATING CLASS III tional Bipartisan Commission on Indian GAMING ACTIVITIES. Health Care). him to the bill S. 1200, to amend the In- This Act and the amendments made by dian Health Care Improvement Act to this Act shall not apply to any Indian tribe SA 4078. Mr. COBURN submitted an revise and extend the Act; which was carrying out any class III gaming activity amendment intended to be proposed to ordered to lie on the table; as follows: (as defined in section 4 of the Indian Gaming amendment SA 3899 proposed by Mr. At the appropriate place, add the fol- Regulatory Act (25 U.S.C. 2703)). DORGAN (for himself, Ms. MURKOWSKI, lowing: Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, SEC. ll. RECISSION AND TRANSFER OF FUNDS. SA 4074. Mr. DEMINT submitted an Mr. NELSON of Nebraska, and Mr. SALA- (a) RECISSION OF CERTAIN EARMARKS.—All amendment intended to be proposed to of the amounts appropriated by the Consoli- amendment SA 3899 proposed by Mr. ZAR) to the bill S. 1200, to amend the Indian Health Care Improvement Act dated Appropriations Act, 2008 (Public Law DORGAN (for himself, Ms. MURKOWSKI, to revise and extend the Act; which 110–161) and the accompanying report for Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, congressional directed spending items for was ordered to lie on the table; as fol- Mr. NELSON of Nebraska, and Mr. SALA- the City of Berkeley, California, or entities lows: ZAR) to the bill S. 1200, to amend the located in such city are hereby rescinded. Indian Health Care Improvement Act At the appropriate place in title VIII of the (b) TRANSFER OF FUNDS TO OPERATION AND to revise and extend the Act; which Indian Health Care Improvement Act (as MAINTENANCE, MARINE CORPS.—The amounts amended by section 101), insert the fol- rescinded under subsection (a) shall be trans- was ordered to lie on the table; as fol- lowing: ferred to the ‘‘OPERATION AND MAINTENANCE, lows: ‘‘SEC. 8ll. STUDY ON TOBACCO-RELATED DIS- MARINE CORPS’’ account of the Department At the end add the following: EASE AND DISPROPORTIONATE of Defense for fiscal year 2008 to be used for TITLE III—APPLICABILITY HEALTH EFFECTS ON TRIBAL POPU- recruiting purposes. LATIONS. (c) CONGRESSIONAL DIRECTED SPENDING SEC. 3ll. INDIAN TRIBES WITH CERTAIN GAM- ‘‘Not later than 180 days after the date of ING REVENUES. ITEM DEFINED.—In this section, the term enactment of the Indian Health Care Im- ‘‘congressional directed spending item’’ has This Act and the amendments made by provement Act Amendments of 2008, the Sec- the meaning given such term in paragraph this Act shall not apply to any Indian tribe retary, in consultation with appropriate Fed- 5(a) of rule XLIV of the Standing Rules of for each calendar year during which the rev- eral departments and agencies and acting the Senate. enues of the Indian tribe from any class III through the epidemiology centers estab- gaming activity (as defined in section 4 of lished under section 209, shall solicit from SA 4081. Mr. DURBIN submitted an the Indian Gaming Regulatory Act (25 U.S.C. independent organizations bids to conduct, 2703)) are in excess of $100,000,000. amendment intended to be proposed to and shall submit to Congress a report de- amendment SA 3899 proposed by Mr. scribing the results of, a study to determine DORGAN (for himself, Ms. MURKOWSKI, SA 4075. Mr. DEMINT submitted an possible causes for the high prevalence of to- amendment intended to be proposed to bacco use among Indians. Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, amendment SA 3899 proposed by Mr. Mr. NELSON of Nebraska, and Mr. SALA- DORGAN (for himself, Ms. MURKOWSKI, SA 4079. Mr. BINGAMAN submitted ZAR) to the bill S. 1200, to amend the Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, an amendment intended to be proposed Indian Health Care Improvement Act Mr. NELSON of Nebraska, and Mr. SALA- to amendment SA 3899 proposed by Mr. to revise and extend the Act; which ZAR) to the bill S. 1200, to amend the DORGAN (for himself, Ms. MURKOWSKI, was ordered to lie on the table; as fol- Indian Health Care Improvement Act Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, lows: to revise and extend the Act; which Mr. NELSON of Nebraska, and Mr. SALA- On page 397, after line 2, add the following:

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1080 CONGRESSIONAL RECORD — SENATE February 14, 2008 SEC. 213. EXTENSION OF PROHIBITION ON MED- ‘‘(5) adequately trained personnel; or striking paragraph (27) and inserting the fol- ICAID PUBLIC PROVIDER AND GRAD- ‘‘(6) other necessary components of con- lowing: UATE MEDICAL EDUCATION RULES. tract performance. ‘‘(27) The term ‘urban Indian’ means any Section 7002(a)(1) of the U.S. Troop Readi- ‘‘(b) PAY RATES.—For the purpose of imple- individual who resides in an urban center ness, Veterans’ Care, Katrina Recovery, and menting the provisions of this title, the Sec- and who meets 1 or more of the 4 criteria in Iraq Accountability Appropriations Act of retary shall assure that the rates of pay for subparagraphs (A) through (D) of paragraph 2007 (Public Law 110–28) is amended in the personnel engaged in the construction or (12).’’. matter preceding subparagraph (A) by strik- renovation of facilities constructed or ren- Beginning on page 358, strike line 23 and ing ‘‘1 year’’ and inserting ‘‘2 years’’. ovated in whole or in part by funds made all that follows through page 360, line 11, and available pursuant to this title are not less insert the following: SA 4082. Mr. DORGAN (for himself than the prevailing local wage rates for simi- (d) SATISFACTION OF MEDICAID DOCUMENTA- and Ms. MURKOWSKI) proposed an lar work as determined in accordance with TION REQUIREMENTS.—Section 1903(x)(3)(B) of amendment to amendment SA 3899 pro- sections 3141 through 3144, 3146, and 3147 of the Social Security Act (42 U.S.C. posed by Mr. DORGAN (for himself, Ms. title 40, United States Code. 1396b(x)(3)(B)) is amended— MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, On page 176, strike lines 12 through 15 and (1) by redesignating clause (v) as clause insert the following: Mr. SMITH, Mr. NELSON of Nebraska, (vii); and ‘‘(3) staff quarters; and and Mr. SALAZAR) to the bill S. 1200, to (2) by inserting after clause (iv), the fol- ‘‘(4) specialized care facilities, such as be- amend the Indian Health Care Improve- lowing new clauses: havioral health and elder care facilities. ‘‘(v) Except as provided in clause (vi), a ment Act to revise and extend the Act; On page 196, line 15, insert ‘‘, including pro- document issued by a federally recognized as follows: grams to provide outreach and enrollment Indian tribe evidencing membership or en- On page 139, strike lines 5 through 9 and in- through video, electronic delivery methods, rollment in, or affiliation with, such tribe sert the following: or telecommunication devices that allow (such as a tribal enrollment card or certifi- ‘‘(III) may include such health care facili- real-time or time-delayed communication cate of degree of Indian blood). ties, and such renovation or expansion needs between individual Indians and the benefit ‘‘(vi)(I) With respect to those federally rec- of any health care facility, as the Service program,’’ after ‘‘trust lands’’. ognized Indian tribes located within States may identify; and On page 269, strike line 18 and insert the having an international border whose mem- On page 143, strike lines 15 through 17 and following: bership includes individuals who are not citi- insert the following: ‘‘(d) ALLOCATION OF CERTAIN FUNDS.— zens of the United States documentation (in- wellness centers, and staff quarters, and the Twenty per- cluding tribal documentation, if appropriate) renovation and expan- On page 336, between lines 2 and 3, insert that the Secretary determines to be satisfac- On page 145, line 13, insert ‘‘and’’ after the the following: tory documentary evidence of United States semicolon. ‘‘SEC. 8ll. TRIBAL HEALTH PROGRAM OPTION citizenship or nationality under the regula- On page 145, line 16, strike ‘‘; and’’ and in- FOR COST SHARING. tions adopted pursuant to subclause (II). sert a period. ‘‘(a) IN GENERAL.—Nothing in this Act lim- ‘‘(II) Not later than 90 days after the date On page 145, strike lines 17 and 18. its the ability of a Tribal Health Program of enactment of this subclause, the Sec- On page 146, line 9, strike ‘‘hostels and’’. operating any health program, service, func- retary, in consultation with the tribes re- On page 147, strike lines 15 through 21 and tion, activity, or facility funded, in whole or ferred to in subclause (I), shall promulgate insert the following: part, by the Service through, or provided for interim final regulations specifying the ‘‘(e) FUNDING CONDITION.—All funds appro- in, a compact with the Service pursuant to forms of documentation (including tribal priated under the Act of November 2, 1921 (25 title V of the Indian Self-Determination and documentation, if appropriate) deemed to be U.S.C. 13) (commonly known as the ‘Snyder Education Assistance Act (25 U.S.C. 458aaa satisfactory evidence of the United States Act’), for the planning, design, construction, et seq.) to charge an Indian for services pro- citizenship or nationality of a member of or renovation of health facilities for the ben- vided by the Tribal Health Program. any such Indian tribe for purposes of satis- efit of 1 or more Indian Tribes shall be sub- ‘‘(b) SERVICE.—Nothing in this Act author- fying the requirements of this subsection. ject to the provisions of section 102 of the In- izes the Service— ‘‘(III) During the period that begins on the dian Self-Determination and Education As- ‘‘(1) to charge an Indian for services; or date of enactment of this clause and ends on sistance Act (25 U.S.C. 450f) or sections 504 ‘‘(2) to require any Tribal Health Program the effective date of the interim final regula- and 505 of that Act (25 U.S.C. 458aaa–3, to charge an Indian for services. tions promulgated under subclause (II), a 458aaa–4). On page 347, after line 24, add the fol- document issued by a federally recognized Beginning on page 159, strike line 12 and lowing: Indian tribe referred to in subclause (I) evi- all that follows through page 161, line 16, and SEC. 104. MODIFICATION OF TERM. dencing membership or enrollment in, or af- insert the following: (a) IN GENERAL.—Except as provided in filiation with, such tribe (such as a tribal en- ‘‘SEC. 303. PREFERENCE TO INDIANS AND INDIAN subsection (b), the Indian Health Care Im- rollment card or certificate of degree of In- FIRMS. provement Act (as amended by section 101) dian blood) accompanied by a signed attesta- ‘‘(a) DISCRETIONARY AUTHORITY; COVERED and each provision of the Social Security tion that the individual is a citizen of the ACTIVITIES.—The Secretary, acting through Act amended by title II are amended (as ap- United States and a certification by the ap- the Service, may utilize the negotiating au- plicable)— propriate officer or agent of the Indian tribe thority of section 23 of the Act of June 25, (1) by striking ‘‘Urban Indian Organiza- that the membership or other records main- 1910 (25 U.S.C. 47), to give preference to any tions’’ each place it appears and inserting tained by the Indian tribe indicate that the Indian or any enterprise, partnership, cor- ‘‘urban Indian organizations’’; individual was born in the United States is poration, or other type of business organiza- (2) by striking ‘‘Urban Indian Organiza- deemed to be a document described in this tion owned and controlled by an Indian or tion’’ each place it appears and inserting subparagraph for purposes of satisfying the Indians including former or currently feder- ‘‘urban Indian organization’’; requirements of this subsection.’’. ally recognized Indian Tribes in the State of (3) by striking ‘‘Urban Indians’’ each place On page 360, strike lines 21 and 22. New York (hereinafter referred to as an ‘In- it appears and inserting ‘‘urban Indians’’; Beginning on page 361, strike line 19 and dian firm’) in the construction and renova- (4) by striking ‘‘Urban Indian’’ each place all that follows through page 362, line 4, and tion of Service facilities pursuant to section it appears and inserting ‘‘urban Indian’’; insert the following: 301 and in the construction of safe water and (5) by striking ‘‘Urban Centers’’ each place ‘‘(1) NO COST SHARING FOR INDIANS FUR- sanitary waste disposal facilities pursuant to it appears and inserting ‘‘urban centers’’; NISHED ITEMS OR SERVICES DIRECTLY BY OR section 302. Such preference may be accorded and THROUGH INDIAN HEALTH PROGRAMS.— by the Secretary unless the Secretary finds, (6) by striking ‘‘Urban Center’’ each place ‘‘(A) NO ENROLLMENT FEES, PREMIUMS, OR pursuant to rules and regulations promul- it appears and inserting ‘‘urban center’’. COPAYMENTS.— gated by the Secretary, that the project or (b) EXCEPTION.—The amendments made by ‘‘(i) IN GENERAL.—No enrollment fee, pre- function to be contracted for will not be sat- subsection (a) shall not apply with respect mium, or similar charge, and no deduction, isfactory or that the project or function can- to— copayment, cost sharing, or similar charge not be properly completed or maintained (1) the matter preceding paragraph (1) of shall be imposed against an Indian who is under the proposed contract. The Secretary, section 510 of the Indian Health Care Im- furnished an item or service directly by the in arriving at such a finding, shall consider provement Act (as amended by section 101); Indian Health Service, an Indian Tribe, a whether the Indian or Indian firm will be de- and Tribal Organization, or an urban Indian or- ficient with respect to— (2) ‘‘Urban Indian’’ the first place it ap- ganization, or by a health care provider ‘‘(1) ownership and control by Indians; pears in section 513(a) of the Indian Health through referral under the contract health ‘‘(2) equipment; Care Improvement Act (as amended by sec- service for which payment may be made ‘‘(3) bookkeeping and accounting proce- tion 101). under this title. dures; (c) MODIFICATION OF DEFINITION.—Section 4 ‘‘(ii) EXCEPTION.—Clause (i) shall not apply ‘‘(4) substantive knowledge of the project of the Indian Health Care Improvement Act to an individual only eligible for the pro- or function to be contracted for; (as amended by section 101) is amended by grams or services under sections 102 and 103

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1081 or title V of the Indian Health Care Improve- NOTICE OF HEARING mittee on Armed Services be author- ment Act. SUBCOMMITTEE ON WATER AND POWER ized to meet during the session of the Mr. BINGAMAN. Mr. President, I Senate on Thursday, February 14, 2008, SA 4083. Mr. BINGAMAN (for himself at 2:30 p.m. in open session, in order to and Mr. THUNE) submitted an amend- would like to announce for the infor- mation of the Senate and the public receive testimony on the strategy in ment intended to be proposed by him Afghanistan and recent reports by the to the bill S. 1200, to amend the Indian that a hearing has been scheduled be- fore the Subcommittee on Water and Afghanistan study group and the At- Health Care Improvement Act to revise lantic Council of the United States. and extend the Act; which was ordered Power of the Committee on Energy and The PRESIDING OFFICER. Without to lie on the table; as follows: Natural Resources. The hearing will be held on February 28, 2008, at 2:00 p.m. objection, it is so ordered. At the end of title I, add the following: in room 366 of the Dirksen Senate Of- COMMITTEE ON BANKING HOUSING AND URBAN SEC. lll. GAO STUDY AND REPORT ON PAY- , , fice Building in Washington, DC. AFFAIRS MENTS FOR CONTRACT HEALTH The purpose of the hearing is to re- SERVICES. Mr. DORGAN. Mr. President, I ask ceive testimony on the following bills: (a) STUDY.— unanimous consent that the Com- S. 177/H.R. 2085, to authorize the Sec- (1) IN GENERAL.—The Comptroller General mittee on Banking, Housing, and of the United States (in this section referred retary of the Interior to convey to the Urban Affairs be authorized to meet to as the ‘‘Comptroller General’’) shall con- McGee Creek Authority certain facili- duct a study on the utilization of health care ties of the McGee Creek Project, Okla- during the session of the Senate on furnished by health care providers under the homa, and for other purposes; S. 1473/ February 14, 2008, at 10 a.m., in order to contract health services program funded by H.R. 1855, to authorize the Secretary of conduct a hearing entitled ‘‘The State the Indian Health Service and operated by the Interior, acting through the Bu- of the United States Economy and Fi- the Indian Health Service, an Indian Tribe, reau of Reclamation, to enter into a nancial Markets.’’ or a Tribal Organization (as those terms are The PRESIDING OFFICER. Without defined in section 4 of the Indian Health Care cooperative agreement with the Improvement Act). Madera Irrigation District for purposes objection, it is so ordered. (2) ANALYSIS.—The study conducted under of supporting the Madera Water Supply COMMITTEE ON ENERGY AND NATURAL paragraph (1) shall include an analysis of— Enhancement Project; S. 1474/H.R. 1139, RESOURCES (A) the amounts reimbursed under the con- to authorize the Secretary of the Inte- Mr. DORGAN. Mr. President, I ask tract health services program described in rior to plan, design and construct fa- unanimous consent that the Com- paragraph (1) for health care furnished by en- cilities to provide water for irrigation, mittee an Energy and Natural Re- tities, individual providers, and suppliers, in- municipal, domestic, and other uses cluding a comparison of reimbursement for sources be authorized to meet during from the Bunker Hill Groundwater the session of the Senate in order to such health care through other public pro- Basin, Santa Ana River, California, and grams and in the private sector; conduct a hearing on Thursday, Feb- (B) barriers to accessing care under such for other purposes; S. 1929, to authorize ruary, 14, 2008, at 9:30 a.m., in room contract health services program, including, the Secretary of the Interior, acting SD366 of the Dirksen Senate Office through the Commissioner of Reclama- but not limited to, barriers relating to travel Building. At this hearing, the Com- tion, to conduct a feasibility study of distances, cultural differences, and public mittee will hear testimony regarding and private sector reluctance to furnish care water augmentation alternatives in the the President’s fiscal year 2009 budget to patients under such program; Sierra Vista Subwatershed; S. 2370, to request for the USDA Forest Service. (C) the adequacy of existing Federal fund- clear title to certain real property in ing for health care under such contract New Mexico associated with the Middle The PRESIDING OFFICER. Without health services program; and Rio Grande Project, and for other pur- objection, it is so ordered. (D) any other items determined appro- poses; H.R. 2381, to promote Depart- COMMITTEE ON ENVIRONMENT AND PUBLIC priate by the Comptroller General. WORKS (b) REPORT.—Not later than 18 months ment of the Interior efforts to provide after the date of enactment of this Act, the a scientific basis for the management Mr. DORGAN. Mr. President, I ask Comptroller General shall submit to Con- of sediment and nutrient loss in the unanimous consent that the Com- gress a report on the study conducted under Upper Mississippi River Basin, and for mittee on Environment and Public subsection (a), together with recommenda- other purposes. Works be authorized to meet during tions regarding— Because of the limited time available the session of the Senate on Thursday, (1) the appropriate level of Federal funding for the hearing, witnesses may testify February 14, 2008 at 10:30 a.m. in room that should be established for health care by invitation only. However, those under the contract health services program 406 of the Dirksen Senate Office Build- wishing to submit written testimony ing in order to conduct a hearing enti- described in subsection (a)(1); and for the hearing record should send it to (2) how to most efficiently utilize such tled, ‘‘Legislative Hearing on the Ma- funding. the Committee on Energy and Natural rine Vessel Emissions Reduction Act of (c) CONSULTATION.—In conducting the Resources, United States Senate, 2007, S. 1499.’’ Washington, DC 20510–6150, or by email study under subsection (a) and preparing the The PRESIDING OFFICER. Without to [email protected]. report under subsection (b), the Comptroller objection, it is so ordered. General shall consult with the Indian Health For further information, please con- Service, Indian Tribes, and Tribal Organiza- tact Michael Connor at (202) 224–5479 or COMMITTEE ON FINANCE tions. Gina Weinstock at (202) 224–5684. Mr. DORGAN. Mr. President, I ask f unanimous consent that the Com- Mr. REID (for Mr. BIDEN) SA 4084. mittee on Finance be authorized to proposed an amendment to the resolu- AUTHORITY FOR COMMITTEES TO meet during the session of the Senate tion S. Res. 444, expressing the sense of MEET on Thursday, February 14, 2008, at 10 the Senate regarding the strong alli- COMMITTEE ON ARMED SERVICES a.m., in room 215 of the Dirksen Senate ance that has been forged between the Mr. DORGAN. Mr. President, I ask Office Building, in order to hear testi- United States and the Republic of unanimous consent that the Com- mony on ‘‘International Aspects of a Korea and congratulating Myung-Bak mittee on Armed Services be author- Climate Change Cap and Trade Pro- Lee on his election to the presidency of ized to meet during the session of the gram’’. the Republic of Korea; as follows: Senate on Thursday, February 14, 2008, The PRESIDING OFFICER. Without On page 2, strike ‘‘the Republic of Korea is at 11:10 a.m. in open session, in order to objection, it is so ordered. the United States seventh largest training receive testimony on the strategy in partner and the United States is the third Afghanistan and recent reports by the COMMITTEE ON FOREIGN RELATIONS largest trading partner of the Republic of Afghanistan study group and the At- Mr. DORGAN. Mr. President, I ask Korea, with nearly $80,000,000,000 in goods lantic Council of the United States. unanimous consent that the Com- and services passing between the 2 countries The PRESIDING OFFICER. Without mittee on Foreign Relations be author- each year’’ and insert ‘‘the economic rela- tionship between the United States and the objection, it is so ordered. ized to meet during the session of the Republic of Korea is deep and growing and COMMITTEE ON ARMED SERVICES Senate on Thursday, February 14, 2008, has been mutually beneficial to both coun- Mr. DORGAN. Mr. President, I ask at 3:45 p.m. in order to hold a com- tries’’. unanimous consent that the Com- mittee coffee with Her Excellency Dora

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1082 CONGRESSIONAL RECORD — SENATE February 14, 2008 Bakoyannis, Foreign Minister of the The PRESIDING OFFICER. Without refer to the distinguished Chair at this Hellenic Republic. objection, it is so orderd. time and indicate what a tremendous The PRESIDING OFFICER. Without COMMITTEE ON THE JUDICIARY job he has done in advocating for some objection, it is so ordered. Mr. DORGAN. Mr. President, I ask of the poorest people in America. But COMMITTEE ON HEALTH, EDUCATION, LABOR, unanimous consent that the Senate for you, the issue dealing with people AND PENSIONS Committee on the Judiciary be author- being cold in their homes, not having Mr. DORGAN. Mr. President, I ask ized to meet during the session of the money to pay their heating and other unanimous consent that the committee Senate, in order to conduct an execu- bills—mainly heating—would not be on on Health, Education, Labor, and Pen- tive business meeting on Thursday, the floor of this body. We are going to sions be authorized to meet in execu- February 14, 2008 at 10 a.m. in room get that done. We have to get it done tive session during the session of the SD–226 of the Dirksen Senate Office before the cold is gone. Senate on Thursday, February 14, 2008, Building. I say to my friend, being from at 10:00 a.m. in SD–430. Vermont, you experience the bitter Agenda: Agenda winters. We in Nevada experience the I. Bills: S. 2304, Mentally Ill Offender very hot summers, and people in Ne- S. 579. Breast Cancer and Environ- Treatment and Crime Reduction Reau- vada who are poor and infirm suffer as mental Research Act of 2007; S. 1810, thorization and Improvement Act of much from the heat as people in Prenatally and Postnatally Diagnosed 2007 (Domenici, Kennedy, Specter, Vermont do from the cold. So just be- Conditions Awareness Act; S. 999, Leahy); S. 2449, Sunshine in Litigation cause winter is not in its full throes a Stroke Treatment and Ongoing Preven- Act of 2007 (Kohl, Leahy, Graham); S. month from now, we are going to con- tion Act of 2007; S. 1760, Healthy Start 352, Sunshine in the Courtroom Act of tinue to push on this issue until we get Reauthorization Act of 2007; H.R. 20, 2007 (Grassley, Schumer, Leahy, Spec- it done. We are not going to wait until Melanie Blocker-Stokes Postpartum ter, Graham, Feingold, Cornyn, Dur- next year to do that. Depression Research and Care Act; S. bin); S. 2136, Helping Families Save 1042, Consistency, Accuracy, Responsi- f Their Homes in Bankruptcy Act of 2007 bility, and Excellence in Medical Imag- (Durbin; Schumer, Whitehouse, Biden); UNANIMOUS CONSENT ing and Radiation Therapy Act of 2007. S. 2133, Home Owners ‘‘Mortgage and AGREEMENT—S. 2633 AND S. 2634 Nominations: Jonathan Baron, (Na- Equity Savings Act’’ (Specter, Cole- Mr. REID. Mr. President, I ask unan- tional Board for Education Sciences), man). imous consent that on Monday, Feb- Frank Handy, (National Board for Edu- II. Nominations: Kevin J. O’Connor ruary 25, notwithstanding rule XXII, it cation Sciences), Sally Shaywitz, (Na- to be Associate Attorney General, De- be in order to move to proceed to the tional Board for Education Sciences), partment of Justice, Gregory G. Katsas following in the order listed, and that Jamsheed Choksy, (National Founda- to be Assistant Attorney General, Civil cloture be filed; and once the motion tion on the Arts and Humanities), Gary Division, Department of Justice. has been made and cloture filed, the Glenn, (National Foundation on the The PRESIDING OFFICER. Without motion to proceed be withdrawn and Arts and Humanities), David Hertz, objection, it is so ordered. the mandatory quorum be waived, with (National Foundation on the Arts and the cloture vote occurring on Tuesday, Humanities), Marvin Scott, (National SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT, THE FEDERAL WORKFORCE, February 26, upon disposition of H.R. Foundation on the Arts and Human- AND THE DISTRICT OF COLUMBIA 1328, with 2 minutes of debate prior to ities), Carol Swain, (National Founda- Mr. DORGAN. Mr. President, I ask each cloture vote specified in this tion on the Arts and Humanities), unanimous consent that the Com- agreement, equally divided and con- Julia Bland, (National Museum and Li- mittee on Homeland Security and Gov- trolled between the leaders or their brary Science Board), Jan Cellucci, ernmental Affairs’ Subcommittee on designees: Calendar No. 575, S. 2633, (National Museum and Library Science Oversight of Government Management, safe redeployment of U.S. troops, and Board), William Hagenah, (National the Federal Workforce, and the Dis- Calendar No. 576, S. 2634, global strat- Museum and Library Science Board), trict of Columbia be authorized to egy report on terrorism. Mark Herring, (National Museum and meet during the session of the Senate The PRESIDING OFFICER. Without Library Science Board), Javaid Anwar, on Thursday, February 14, 2008, at 9:45 objection, it is so ordered. (Truman Scholarship Foundation), and a.m., in order to conduct a hearing en- Neil Romano, (Assistant Secretary of f titled, ‘‘Building and Strengthening Labor Department). the Federal Acquisition Workforce.’’ NEW DIRECTION FOR ENERGY The PRESIDING OFFICER. Without INDEPENDENCE, NATIONAL SE- objection, it is so ordered. The PRESIDING OFFICER. Without objection, it is so ordered. CURITY, AND CONSUMER PRO- COMMITTEE ON HOMELAND SECURITY AND TECTION ACT AND THE RENEW- GOVERNMENTAL AFFAIRS SELECT COMMITTEE ON INTELLIGENCE ABLE ENERGY AND ENERGY Mr. DORGAN. Mr. President, I ask Mr. DORGAN. Mr. President, I ask CONSERVATION TAX ACT OF unanimous consent that the Com- unanimous consent that the Select 2007—MOTION TO PROCEED mittee on Homeland Security and Gov- Committee on Intelligence be author- Mr. REID. Mr. President, I now move ernmental Affairs be authorized to ized to meet during the session of the to proceed to Calendar No. 340, H.R. meet during the session of the Senate Senate on February 14, 2008, at 2:30 3221, and ask the clerk to report the on Thursday, February 14, 2008, at 1:30 p.m., to hold an open hearing. cloture motion. p.m. in order to conduct a hearing enti- The PRESIDING OFFICER. Without tled ‘‘The Homeland Security Depart- objection, it is so ordered. CLOTURE MOTION The PRESIDING OFFICER. The clo- ment’s Budget Submission for Fiscal f Year 2009.’’ ture motion having been presented The PRESIDING OFFICER. Without PRIVILEGES OF THE FLOOR under rule XXII, the Chair directs the objection it is so ordered. Mr. CORNYN. Madam President, I clerk to read the motion. COMMITTEE ON INDIAN AFFAIRS ask unanimous consent that Colin The assistant legislative clerk read Mr. DORGAN. Mr. President, I ask Brooks, a fellow in my office, be given as follows: unanimous consent that the Com- floor privileges for the remainder of CLOTURE MOTION mittee on Indian Affairs be authorized the 110th Congress. We, the undersigned Senators, in accord- to meet during the session of the Sen- The PRESIDING OFFICER. Without ance with the provisions of rule XXII of the ate, on Thursday, February 14, at 9:30 objection, it is so ordered. Standing Rules of the Senate, hereby move a.m. in room 628 of the Dirksen Senate to bring to a close debate on the motion to f proceed to Calendar No. 340, H.R. 3221. Office Building in order to conduct an LIHEAP Harry Reid, John D. Rockefeller, IV, Oversight Hearing on the President’s Russell D. Feingold, Max Baucus, fiscal year 2009 Budget Request for Mr. REID. Mr. President, I feel I Charles E. Schumer, Kent Conrad, Tribal Programs. wouldn’t be doing my duty if I didn’t Patty Murray, Amy Klobuchar, Jeff

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1083 Bingaman, Richard Durbin, Mark L. The bill (H.R. 1216) was ordered to be Republic of Korea is deep and growing and Pryor, Carl Levin, Edward M. Kennedy, read a third time, was read the third has been mutually beneficial to both coun- Patrick J. Leahy, Bernard Sanders, time, and passed. tries’’. Debbie Stabenow, Byron L. Dorgan. The PRESIDING OFFICER. The Sen- The preamble, as amended, was Mr. REID. Mr. President, I ask unan- ator from Florida. Mr. NELSON of agreed to. imous consent that the cloture vote Florida. Mr. President, I just want to The resolution, with its preamble, as not occur prior to the aforementioned say this has been a long time coming. amended, reads as follows: cloture votes, and that the mandatory There was a hiccup back in December. S. RES. 444 quorum be waived. We tried to get it cleared then. This is Whereas the United States and the Repub- The PRESIDING OFFICER. Without the backover bill, the horror of any lic of Korea enjoy a comprehensive alliance objection, it is so ordered. parents that their child is behind the partnership founded in shared strategic in- Mr. REID. I now withdraw the mo- car, and they cannot see the child or a terests and cemented by a commitment to democratic values; tion, Mr. President. neighbor is backing from their garage The PRESIDING OFFICER. The mo- Whereas the alliance between the United down their driveway, and they cannot tion is withdrawn. States and the Republic of Korea has been see the child. The PRESIDING OFFICER. The Sen- forged in blood and honed by struggles So what this bill will require is a de- against common adversaries; ator from Florida. vice that can be either a sensor or a Whereas on December 19, 2007, the Senate f viewer. It will require that in future passed S. Res. 279, marking the 125th anni- CAMERON GULBRANSEN KIDS AND vehicles. It will also require that when versary of the 1882 Treaty of Peace, Amity, CARS SAFETY ACT OF 2007 automatic windows go up, if they hit Commerce and Navigation between the King- dom of Chosun (Korea) and the United Mr. NELSON of Florida. Mr. Presi- an object, such as a child’s neck and States, and recognizing that ‘‘the strength dent, on behalf of Senator CLINTON, head, automatically that window goes and endurance of the alliance between the Senator SUNUNU, and myself, I ask down. United States and the Republic of Korea unanimous consent that the Commerce This is much-needed legislation. We should be acknowledged and celebrated’’; Committee be discharged and the Sen- are very appreciative that the Senate Whereas during the 60 years since the has cleared this action, and we can get founding of the Republic of Korea on August ate proceed to the immediate consider- 15, 1948, the Republic of Korea, with unwav- ation of H.R. 1216, the Kids and Cars it over to the House and try to get it passed. ering commitment and support from the Safety Act, otherwise known as the United States, has accomplished a remark- Cameron Gulbransen Kids and Cars I yield the floor. able economic and political transformation, Safety Act. f rising from poverty to become the 11th larg- The PRESIDING OFFICER. The ALLIANCE BETWEEN THE UNITED est economy in the world and a thriving multi-party democracy; clerk will report the bill by title. STATES AND THE REPUBLIC OF The bill clerk read as follows: Whereas the economic relationship be- KOREA tween the United States and the Republic of A bill (H.R. 1216) to direct the Secretary of Korea is deep and growing and has been mu- Transportation to issue regulations to re- Mr. REID. Mr. President, I ask unan- tually beneficial to both countries; duce the incidence of child injury and death imous consent that the Committee on Whereas there are deep cultural and per- occurring inside and outside of light motor Foreign Relations be discharged from sonal ties between the people of the United vehicles, and for other purposes. further consideration of S. Res. 444 and States and the people of the Republic of The PRESIDING OFFICER. Is there that the Senate then proceed to its Korea, as exemplified by the large flow of objection? consideration. visitors and exchanges each year between Mr. SUNUNU. Reserving the right to The PRESIDING OFFICER. Without the 2 countries and the nearly 2,000,000 Ko- object, and I certainly will not, given objection, it is so ordered. The clerk rean Americans who currently reside in the that the Senator from Florida has of- will report the resolution by title. United States; fered the consent on my behalf, I thank The legislative clerk read as follows: Whereas the United States and the Repub- lic of Korea are working together to address him for stepping forward and offering A resolution (S. Res. 444) expressing the the threat posed by North Korea’s nuclear sense of the Senate regarding the strong alli- his request. weapons program and to build a lasting ance that has been forged between the This is legislation that I coauthored peace on the Korean Peninsula; United States and the Republic of Korea and with Senator CLINTON. On the House Whereas this alliance is promoting inter- congratulating Myung-Bak Lee on his elec- side, there were Representatives JAN national peace and security, economic pros- tion to the presidency of the Republic of SCHAKOWSKY and PETER KING who in- perity, human rights and the rule of law, not Korea. troduced companion legislation. It ad- only on the Korean Peninsula, but also dresses the issue of known traffic acci- There being no objection, the Senate throughout the world; and dents. There were 230 children killed proceeded to consider the resolution. Whereas Myung-Bak Lee, who won election Mr. REID. Mr. President, I ask unan- to become the next President of the Republic last year in nontraffic auto accidents. of Korea, has affirmed his deep commitment We worked very cooperatively with imous consent that the resolution be agreed to, the amendment which is at to further strengthening the alliance be- Senator NELSON and others on the the desk be agreed to, the preamble, as tween the United States and the Republic of Commerce Committee to put together Korea, by expanding areas of cooperation a package that could be implemented amended, be agreed to, and the motions and realizing the full potential of our mutu- quickly and effectively to help reduce to reconsider be laid upon the table ally beneficial partnership: Now, therefore, this unnecessary loss of life. with no intervening action or debate, be it Resolved, That the Senate congratulates I thank Senator NELSON for his work and that any statements be printed in the RECORD. Myung-Bak Lee on his election to the presi- on the committee and certainly offer dency of the Republic of Korea and wishes my praise for the work done on the The PRESIDING OFFICER. Without objection, it is so ordered. him and the Korean people well on his inau- other side. I am pleased to see that this guration on February 25, 2008. The resolution (S. Res. 444) was legislation is going to be passed and f sent to the President and become law. agreed to. Again, I thank the Senator from Flor- The amendment (No. 4084) was agreed EXPRESSING STRONG SUPPORT OF ida. to, as follows: SENATE FOR NATO TO ENTER The PRESIDING OFFICER. Without (Purpose: To modify the description of the INTO A MEMBERSHIP ACTION objection, it is so ordered. economic relationship between the United PLAN WITH GEORGIA AND Mr. NELSON of Florida. I ask unani- States and the Republic of Korea) UKRAINE mous consent that the bill be read a On page 2, strike ‘‘the Republic of Korea is Mr. REID. Mr. President, I ask unan- third time and passed, the motion to the United States seventh largest training imous consent that the Senate proceed partner and the United States is the third reconsider be laid upon the table, and largest trading partner of the Republic of to the consideration of Calendar No. that any statements relating to the Korea, with nearly $80,000,000,000 in goods 574, S. Res. 439. bill be printed in the RECORD. and services passing between the 2 countries The PRESIDING OFFICER. The The PRESIDING OFFICER. Without each year’’ and insert ‘‘the economic rela- clerk will report the resolution by objection, it is so ordered. tionship between the United States and the title.

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1084 CONGRESSIONAL RECORD — SENATE February 14, 2008 The legislative clerk read as follows: rity. We are determined to continue to as- of supporting a resolution recognizing A resolution (S. Res. 439) expressing the sist, through practical cooperation, in the the cultural and historical significance strong support of the Senate for the North implementation of far-reaching reform ef- of the Chinese New Year, held annually Atlantic Treaty Organization to enter into a forts, notably in the fields of national secu- on the first day of the first lunar rity, defense, reform of the defense-indus- Membership Action Plan with Georgia and month of the Chinese calendar. Ukraine. trial sector and fighting corruption. We wel- come the commencement of an Intensified For the approximately 3.5 million There being no objection, the Senate Dialogue with Georgia as well as Georgia’s Chinese-Americans currently living in proceeded to consider the resolution. contribution to international peacekeeping the United States, the Chinese New Mr. REID. Mr. President, I ask unan- and security operations. We will continue to Year represents one of the most impor- imous consent that the resolution be engage actively with Georgia in support of tant times for families and friends to agreed to, the preamble be agreed to, its reform process. We encourage Georgia to get together and celebrate their rich and the motions to reconsider be laid continue progress on political, economic and cultural history. In my home county, upon the table. military reforms, including strengthening Clark County, NV, thousands of Chi- The PRESIDING OFFICER. Without judicial reform, as well as the peaceful reso- nese-Americans, and Asian-Americans lution of outstanding conflicts on its terri- objection, it is so ordered. tory. We reaffirm that it is of great impor- of various nationalities and ethnicities, The resolution (S. Res. 439) was tance that all parties in the region should recently celebrated the inception of agreed to. engage constructively to promote regional the Year of the Rat. The preamble was agreed to. peace and stability.’’; In fact, February 7, 2008, of our cal- The resolution, with its preamble, Whereas, in January 2008, Ukraine for- endar, the date on which the Year of reads as follows: warded to NATO Secretary General Jaap de the Rat began, marked the beginning S. RES. 439 Hoop Scheffer a letter, signed by President of year 4705 of the Chinese calendar. I Victor Yushchenko, Prime Minister Yulia Whereas the sustained commitment of the am so proud to recognize and offer my Tymoshenko, and Verkhovna Rada Speaker North Atlantic Treaty Organization (NATO) best wishes to all those Nevadans and Arseny Yatensyuk, requesting that NATO in- to mutual defense has made possible the tegrate Ukraine into the Membership Action Americans who have followed in the democratic transformation of Central and Plan; footsteps of so many past generations Eastern Europe and Eurasia; Whereas, in January 2008, Georgia held a to observe this 2-week long festival, Whereas NATO members can and should referendum on NATO and 76.22 percent of the which culminates in the Lantern Fes- play a critical role in addressing the security votes supported membership; tival to be held on the fifteenth day of challenges of the post-Cold War era in cre- Whereas participation in a Membership Ac- the first lunar month. ating the stable environment needed for tion Plan does not guarantee future member- emerging democracies in Europe and Eur- Throughout this 15-day celebration, ship in the NATO Alliance; and asia; many members of Nevada’s Chinese- Whereas NATO membership requires sig- Whereas lasting stability and security in American community will take this nificant national and international commit- Europe and Eurasia require the military, opportunity to spend time with their ments and sacrifices and is not possible with- economic, and political integration of out the support of the populations of the families and engage in traditional ac- emerging democracies into existing Euro- NATO member States: Now, therefore, be it tivities, such as the dragon and lion pean structures; Resolved, That it is the sense of the Senate dances. To all of my friends back in Whereas, in an era of threats from ter- that— Clark County, and throughout Nevada rorism and the proliferation of weapons of (1) the Senate— as a whole who observe this holiday, I mass destruction, NATO is increasingly con- (A) reaffirms its previous expressions of tributing to security in the face of global se- wish you a joyous and prosperous New support for continued enlargement of the Year. curity challenges for the protection and in- North Atlantic Treaty Organization (NATO) terests of its member states; Mr. President, I ask unanimous con- to include qualified candidates; and sent that the resolution be agreed to, Whereas the Government of Georgia and (B) supports the commitment to further the Government of Ukraine have each ex- enlargement of NATO to include democratic the preamble be agreed to, the motions pressed a desire to join the Euro-Atlantic governments that are able and willing to to reconsider be laid upon the table, community, and Georgia and Ukraine are meet the responsibilities of membership; and any statements related to the reso- working closely with NATO and its members (2) the expansion of NATO contributes to lution be printed in the RECORD. to meet criteria for eventual NATO member- NATO’s continued effectiveness and rel- The PRESIDING OFFICER. Without ship; evance; objection, it is so ordered. Whereas, at the NATO-Ukraine Commis- (3) Georgia and Ukraine are strong allies The resolution (S. Res. 457) was sion Foreign Ministerial meeting in Vilnius that have made important progress in the agreed to. in April 2005, NATO and Ukraine launched an areas of defense, democratic, and human The preamble was agreed to. Intensified Dialogue on membership between rights reform; the Alliance and Ukraine; The resolution, with its preamble, (4) a stronger, deeper relationship among reads as follows: Whereas, following a meeting of NATO the Government of Georgia, the Government S. RES. 457 Foreign Ministers in New York on Sep- of Ukraine, and NATO will be mutually bene- tember 21, 2006, NATO Secretary General ficial to those countries and to NATO mem- Whereas the Chinese New Year is cele- Jaap de Hoop Scheffer announced the ber States; and brated on the second new moon following the launching of an Intensified Dialogue on (5) the United States should take the lead winter solstice; membership between NATO and Georgia; in supporting the awarding of a Membership Whereas February 7, 2008, marks the first Whereas the Riga Summit Declaration, Action Plan to Georgia and Ukraine as soon day of the Chinese New Year for 2008, also issued by the heads of state and government as possible. known as the Year of the Rat or the Year of participating in the meeting of the North At- Wu Zi; f lantic Council in November 2006, reaffirms Whereas the Chinese New Year festivities that NATO’s door remains open to new mem- RECOGNIZING CULTURAL AND HIS- begin on the first day of the first lunar bers and that NATO will continue to review TORICAL SIGNIFICANCE OF CHI- month and end 15 days later with the cele- the process for new membership, stating ‘‘We NESE NEW YEAR OR SPRING bration of the Lantern Festival; reaffirm that the Alliance will continue with FESTIVAL Whereas there are approximately 3,500,000 Georgia and Ukraine its Intensified Dia- Chinese-Americans in the United States, logues which cover the full range of polit- Mr. REID. Mr. President, I ask unan- many of whom will be commemorating this ical, military, financial, and security issues imous consent that the Senate proceed important occasion; relating to those countries’ aspirations to to consideration of S. Res. 457. Whereas this day will be marked by cele- membership, without prejudice to any even- The PRESIDING OFFICER. The brations throughout our country as Chinese- tual Alliance decision. We reaffirm the im- clerk will report the resolution by Americans gather to watch the dragon and portance of the NATO-Ukraine Distinctive title. lion dances; and Partnership, which has its 10th anniversary The legislative clerk read as follows: Whereas the United States Postal Service next year and welcome the progress that has will debut a new stamp series for the 12 ani- A resolution (S. Res. 457) recognizing the been made in the framework of our Intensi- cultural and historical significance of the mals in the Chinese calendar on February 9, fied Dialogue. We appreciate Ukraine’s sub- Chinese New Year or Spring Festival. 2008, with the series continuing through 2019: stantial contributions to our common secu- Now, therefore, be it rity, including through participation in There being no objection, the Senate Resolved, That the Senate— NATO-led operations and efforts to promote proceeded to consider the resolution. (1) recognizes the cultural and historical regional cooperation. We encourage Ukraine Mr. REID. Mr. President, I come to significance of the Chinese New Year or to continue to contribute to regional secu- the floor today with the distinct honor Spring Festival;

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — SENATE S1085 (2) in observance of the Chinese New Year, SEC. 2. The Speaker of the House and the The PRESIDING OFFICER. Without expresses its deepest respect for Chinese- Majority Leader of the Senate, or their re- objection, it is so ordered. Americans and all those throughout the spective designees, acting jointly after con- world who will be celebrating this signifi- sultation with the Minority Leader of the f cant occasion; and House and the Minority Leader of the Sen- ORDER FOR RECORD TO REMAIN (3) wishes Chinese-Americans and all those ate, shall notify the Members of the House who observe this holiday a happy and pros- and the Senate, respectively, to reassemble OPEN perous new year. at such place and time as they may des- Mr. REID. I ask unanimous consent, ignate if, in their opinion, the public interest f notwithstanding the Senate being in shall warrant it. pro forma session on Friday, February PROVIDING FOR CONDITIONAL AD- f 15, that the RECORD remain open until JOURNMENT OR RECESS OF THE 12 noon for bill introductions and APPOINTMENTS HOUSE AND SENATE statements. Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. The The PRESIDING OFFICER. Without imous consent that we now proceed to Chair, on behalf of the Vice President, objection, it is so ordered. pursuant to section 5 of title 1 of Divi- the immediate consideration of H. Con. f Res. 293. sion H of Public Law 110–161, appoints The PRESIDING OFFICER. The the following Senator as vice chairman ORDER OF PROCEDURE clerk will report the concurrent resolu- of the U.S.-Japan Interparliamentary Mr. REID. I ask unanimous consent tion by title. Group conference for the 110th Con- that when the Senate completes its The legislative clerk read as follows. gress: the Senator from Alaska, Mr. business today, it stand in recess until A concurrent resolution (H. Con. Res. 293) STEVENS. 10 a.m. tomorrow, Friday, February 15; providing for a conditional adjournment of The Chair, on behalf of the President that on Friday, the Senate meet in pro the House of Representatives and a condi- pro tempore, pursuant to the provi- forma session only with no business tional recess or adjournment of the Senate. sions of 2 U.S.C. Sec. 1151, as amended, conducted; that the Senate recess until There being no objection, the Senate appoints the following individual to 11 a.m. on Tuesday, February 19, for a proceeded to consider the resolution. the Board of Trustees of the Open pro forma session only, with no busi- Mr. REID. I ask unanimous consent World Leadership Center: the Senator ness conducted; the Senate then recess that the concurrent resolution be from Mississippi, Mr. WICKER. until 10 a.m. on Friday, February 22, agreed to and the motion to reconsider The Chair, on behalf of the Demo- for a pro forma session only; that at be laid on the table, with no inter- cratic Leader, pursuant to the provi- the close of Friday’s session, the Sen- vening action or debate. sions of Public Law 110–161, appoints ate adjourn until 3 p.m. on Monday, The PRESIDING OFFICER. Without the following individuals to serve as February 25; further that the Journal objection, it is so ordered. members of the National Commission of proceedings be agreed to, the morn- The concurrent resolution (H. Con. on Children and Disasters: Mark Shriv- ing hour be deemed expired, the time Res. 293) was agreed to, as follows: er of Maryland and Sheila Leslie of Ne- for the two leaders be reserved for their H. CON. RES. 293 vada. use later in the day, and following the The Chair, on behalf of the President Resolved by the House of Representatives (the reading of the Washington’s Farewell Senate concurring), That when the House ad- pro tempore, pursuant to the provi- Address, the Senate resume consider- journs on the legislative day of Thursday, sions of 2 U.S.C. Sec. 1151, as amended, ation of S. 1200, the Indian Health Care February 14, 2008, on a motion offered pursu- appoints the following individual to Improvement Act, as under the pre- ant to this concurrent resolution by its Ma- the Board of Trustees of the Open vious order. jority Leader or his designee, it stand ad- World Leadership Center: the Senator The PRESIDING OFFICER. Without journed until 2 p.m. on Friday, February 15, from Mississippi, Mr. WICKER. objection, it is so ordered. 2008, or until the time of any reassembly pur- The Chair, on behalf of the President suant to section 2 of this concurrent resolu- pro tempore, pursuant to the provi- f tion, whichever occurs first; that when the House adjourns on the legislative day of Fri- sions of Public Law 100–702, reappoints RECESS UNTIL 10 A.M. TOMORROW day, February 15, 2008, on a motion offered the following individual to the Federal Judicial Center Foundation Board: Mr. REID. If there is no further busi- pursuant to this concurrent resolution by its ness to come before the Senate, I ask Majority Leader or his designee, it stand ad- John B. White, Jr., of South Carolina. journed until 10 a.m. on Tuesday, February unanimous consent that it stand in re- f 19, 2008, or until the time of any reassembly cess under the previous order. pursuant to section 2 of this concurrent reso- AUTHORITY FOR COMMITTEES TO There being no objection, the Senate, lution, whichever occurs first; that when the REPORT at 8:13 p.m., recessed until Friday, Feb- House adjourns on the legislative day of ruary 15, 2008, at 10 a.m. Tuesday, February 19, 2008, on a motion of- Mr. REID. I ask unanimous consent fered pursuant to this concurrent resolution that Senate committees may report f by its Majority Leader or his designee, it legislative and Executive Calendar NOMINATIONS stand adjourned until noon on Thursday, business, notwithstanding a recess or February 21, 2008, or until the time of any re- adjournment of the Senate, on Friday, Executive nominations received by assembly pursuant to section 2 of this con- February 22, 2008, from 10 a.m. to 12 the Senate: current resolution, whichever occurs first; FEDERAL INSURANCE TRUST FUND that when the House adjourns on the legisla- noon. The PRESIDING OFFICER. Without JEFFREY ROBERT BROWN, OF ILLINOIS, TO BE A MEM- tive day of Thursday, February 21, 2008, on a BER OF THE BOARD OF TRUSTEES OF THE FEDERAL SUP- motion offered pursuant to this concurrent objection, it is so ordered. PLEMENTARY MEDICAL INSURANCE TRUST FUND FOR A TERM OF FOUR YEARS, VICE THOMAS R. SAVING. resolution by its Majority Leader or his des- f ignee, it stand adjourned until 2 p.m. on THE JUDICIARY Monday, February 25, 2008, or until the time APPOINTMENT AUTHORIZATION DAVID GUSTAFSON, OF VIRGINIA, TO BE A JUDGE OF of any reassembly pursuant to section 2 of THE UNITED STATES TAX COURT FOR A TERM OF FIF- this concurrent resolution, whichever occurs Mr. REID. Mr. President, I ask unan- TEEN YEARS, VICE CAROLYN P. CHIECHI, TERM EXPIRED. imous consent that notwithstanding ELIZABETH CREWSON PARIS, OF THE DISTRICT OF CO- first; and that when the Senate recesses or LUMBIA, TO BE A JUDGE OF THE UNITED STATES TAX adjourns on any day from Friday, February the recess or adjournment of the Sen- COURT FOR A TERM OF FIFTEEN YEARS, VICE JOEL GER- 15, 2008, through Friday, February 22, 2008, on ate, the President of the Senate, the BER, RETIRED. a motion offered pursuant to this concurrent President of the Senate pro tempore, DEPARTMENT OF STATE resolution by its Majority Leader or his des- and the majority and minority leaders JOSEPH EVAN LEBARON, OF OREGON, A CAREER MEM- ignee, it stand recessed or adjourned until be authorized to make appointments to BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- noon on Monday, February 25, 2008, or such ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- commissions, committees, boards, con- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES other time on that day as may be specified in ferences, or interparliamentary con- OF AMERICA TO THE STATE OF QATAR. the motion to recess or adjourn, or until the STEPHEN JAMES NOLAN, OF VIRGINIA, A CAREER MEM- time of any reassembly pursuant to section 2 ferences authorized by law, by concur- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- rent action of the two Houses, or by ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- of this concurrent resolution, whichever oc- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES curs first. order of the Senate. OF AMERICA TO THE REPUBLIC OF BOTSWANA.

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 9801 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1086 CONGRESSIONAL RECORD — SENATE February 14, 2008

INTERNATIONAL JOINT COMMISSION, UNITED IN THE NAVY THE FOLLOWING NAMED OFFICERS FOR PROMOTION IN THE UNITED STATES NAVY RESERVE TO THE GRADE IN- STATES AND CANADA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DICATED UNDER TITLE 10, U.S.C., SECTION 12203: SAMUEL W. SPECK, OF OHIO, TO BE A COMMISSIONER IN THE UNITED STATES NAVY TO THE GRADE INDICATED ON THE PART OF THE UNITED STATES ON THE INTER- UNDER TITLE 10, U.S.C., SECTION 624: To be rear admiral NATIONAL JOINT COMMISSION, UNITED STATES AND To be rear admiral CANADA, VICE DENNIS L. SCHORNACK. REAR ADM. (LH) JULIUS S. CAESAR, 0000 REAR ADM. (LH) MOIRA N. FLANDERS, 0000 REAR ADM. (LH) WENDI B. CARPENTER, 0000 THE JUDICIARY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. (LH) GARLAND P. WRIGHT, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM T. LAWRENCE, OF INDIANA, TO BE UNITED UNDER TITLE 10, U.S.C., SECTION 624: STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT IN THE UNITED STATES NAVY TO THE GRADE INDICATED OF INDIANA, VICE JOHN DANIEL TINDER, ELEVATED. To be rear admiral UNDER TITLE 10, U.S.C., SECTION 624: REAR ADM. (LH) TIMOTHY V. FLYNN III, 0000 IN THE ARMY To be rear admiral THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED REAR ADM. (LH) WILLIAM R. BURKE, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: REAR ADM. (LH) MARK H. BUZBY, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND REAR ADM. (LH) PHILIP H. CULLOM, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be rear admiral REAR ADM. (LH) MARK I. FOX, 0000 REAR ADM. (LH) VICTOR C. SEE, JR., 0000 REAR ADM. (LH) TIMOTHY M. GIARDINA, 0000 To be general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. (LH) ROBERT S. HARWARD, JR., 0000 REAR ADM. (LH) WILLIAM H. HILARIDES, 0000 LT. GEN. WALTER L. SHARP, 0000 IN THE UNITED STATES NAVY RESERVE TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: REAR ADM. (LH) DANIEL HOLLOWAY, 0000 IN THE MARINE CORPS REAR ADM. (LH) DOUGLAS J. MCANENY, 0000 To be rear admiral REAR ADM. (LH) JOHN W. MILLER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT REAR ADM. (LH) KAREN A. FLAHERTY, 0000 REAR ADM. (LH) MICHAEL S. O’BRYAN, 0000 IN THE UNITED STATES MARINE CORPS RESERVE TO THE REAR ADM. (LH) FRANK C. PANDOLFE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE UNITED STATES NAVY RESERVE TO THE GRADE REAR ADM. (LH) DAVID L. PHILMAN, 0000 INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: REAR ADM. (LH) BRIAN C. PRINDLE, 0000 To be brigadier general REAR ADM. (LH) DONALD P. QUINN, 0000 To be rear admiral COL. JAMES M. LARIVIERE, 0000 REAR ADM. (LH) WALTER M. SKINNER, 0000 COL. KENNETH J. LEE, 0000 REAR ADM. (LH) RAYMOND P. ENGLISH, 0000 REAR ADM. (LH) JAMES P. WISECUP, 0000

VerDate Mar 15 2010 22:08 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 9801 E:\2008SENATE\S14FE8.REC S14FE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 14, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E189 EXTENSIONS OF REMARKS

HONORING STATION MENEMSHA competence is the difference between life and Tim Sullivan, who flew to the Island to AS THE RECIPIENT OF THE SUM- death. present the honor to station personnel this NER I. KIMBALL AWARD I would like to congratulate and recognize past Friday. Admiral Sullivan commands the Station Chief Steve Barr and the men and Coast Guard’s First District, which includes eight northeast states and 2000 miles of HON. WILLIAM D. DELAHUNT women stationed at Menemsha for their exem- coastline from the Maine to northern New OF MASSACHUSETTS plary service: Jersey. IN THE HOUSE OF REPRESENTATIVES BM3 Dustin Shaw, BM2 Matthew Sponable, Of more than 200 Coast Guard stations BM2 Bill Robertson, SK2 Rachel Glade, MK3 throughout the country, only a handful re- Thursday, February 14, 2008 Christopher Guice, FN Julie Lopatka, BMCM ceive the Kimball Award, and only two sta- Mr. DELAHUNT. Madam Speaker, I rise Jack Downey. BMC Chris Bobrowski, FN tions that operate the 47-foot motor lifeboat today to honor United States Coast Guard Shannon Heintzelman, BM3 Rajeah Wilson, were so honored. ‘‘It’s the most complicated boat we have, Station Menemsha, of Martha’s Vineyard, BM2 Lance Nelligan, MK3 Greg Lockwood, it’s a beast of a machine,’’ said Lieutenant Massachusetts, as the recipient of the pres- SN Derek Perendy, BM3 Daniel Carrillo, MK1 Commander Chris Cederholm, who rep- tigious Sumner I. Kimball Readiness Award. Mike Micucci, MK2 Nicholas Prescott, SN resented Coast Guard Group Woods Hole at The Kimball Award is a rarity in the United Jarrett Dube, RADM Timothy Sullivan, MK3 the ceremony. States Coast Guard, as very few units attain Andrew Chace, BM2 Patrick Bryant, BM3 An- ‘‘This award will become a benchmark,’’ this level of outstanding performance. It de- drew Leblanc, BM3 Joe Pancotti, CAPT Ray- Admiral Sullivan said. ‘‘You guys really set mands a grade of 90 percent or higher during mond Perry, and BM3 Mark Chaknis. a benchmark as a crew. Your outstanding a rigorous week-long inspection, requiring a performance is really your gift to a lot of fu- [From the Martha’s Vineyard Times, Jan. 31, ture generations. A lot of folks will follow combination of exemplary test scores, crew 2008] behind you, they will have to stand on a lot proficiency, superb vessel condition, excellent STATION MENEMSHA WINS RARE READINESS of big blue shoulders. People are going to be performance in drills, a successful and pro- AWARD standing on your shoulders. This is a day gressive unit training program, survival sys- (by Steve Myrick) you’ll look back on, maybe when you’re an tems readiness and good administrative work Last summer, a fishing boat in a dangerous old grey admiral. Think about that legacy, by all members. stretch of water off Aquinnah was taking on of people that will follow behind you.’’ This award actually marks the second time water. The call for help came to United Coast Guard Petty Officers (left to right) BM2 Bill Robertson and BM2 Lance Nelligan that Menemsha has been given this pres- States Coast Guard Station Menemsha. Petty Officer Second Class Lance Nelligan were all smiles, holding the pennant they tigious honor—they won it for the first time in will fly aboard Station Menemsha’s 47-foot 2004. scrambled his crew, and guided the station’s 47-foot motor lifeboat to the distressed ves- motor lifeboat. The pennant symbolizes the This award is named after the Maine native sel, where the fishing crew was moments Kimball Award, earned by only one other who introduced training, performance stand- away from abandoning their sinking boat. boat of this kind in the entire Coast Guard ards and accountability into the life saving or- ‘‘They came across Devil’s Bridge,’’ said this year. Click photo for larger version. ganization that eventually became the Coast Petty Officer Nelligan, ‘‘bounced a couple of TOUGH TEST Guard. This honor is extremely difficult to rocks, split a whole bunch of big cracks in Seven months after the grueling evalua- achieve, and even more noteworthy consid- the bottom of their hull. We were able to get tion, MK First Class Mike Micucci, the head ering the high-tech vessel the crew must mas- out there, we put two people on board to rig engineer, still scolds himself about one of ter and maintain, the 47-foot Motor Lifeboat. a pump and get the boat pumped.’’ the most serious faults the inspectors found Petty Officer Nelligan recounts the story Of the 200 Coast Guard stations throughout in the material condition of his vessel: a of his day’s work the way most people men- missing screw in a plastic cover. It was noth- the country, only a handful receive the Kimball tion writing a sales report, replacing a fan ing that would have interfered in the boat’s Award, and only two stations that operate the belt, or waiting on a customer. The skill, operation, but it cost him a precious point in 47-foot MLB were so honored. training, and preparation of his crew saved a the rating system. The Menemsha Coast Guard station has valuable boat and got two very grateful fish- ‘‘I can’t believe I missed that,’’ said Petty come a long way. In the early 1990s it was in erman safely back to port. But to him, it’s Officer Micucci. ‘‘The guys that come and do danger of closing, but the people of Martha’s no big deal. the inspections, they know what to look for, Vineyard rallied to save it. For a brief period But the Sumner I. Kimball Award? Now you have to be one step ahead of them.’’ that’s a big deal to Petty Officer Nelligan. it was used by the Town of Chilmark, and then Senior Station Chief Steve Barr was un- ‘‘To have somebody come in and say the job able to attend the ceremony. At the moment it became a substation of the Woods Hole sta- that you’re doing is award worthy, is a really his station personnel received the award, he tion. In recent years, it became a full-time sta- big deal,’’ he said. ‘‘The things that we’re was welcoming newborn son Isaac into the tion and—time and time again—has proven its tested on, it’s absolutely everything you can world. importance. This award is not just a testament think of. It takes a lot, a lot, a lot of work ‘‘He’s got a good excuse,’’ said Admiral to the station, but it is a tribute to the hard- to keep those boats ready, and keep the crew Sullivan. ‘‘Another little Coastie coming working men and women who serve our Coast ready.’’ along.’’ Guard and who are willing to put their life on ‘‘In my mind,’’ adds Petty Officer Second ‘‘I wish I could have been there, abso- Class Bill Robertson, ‘‘this is almost the lutely,’’ said Chief Barr. ‘‘It’s a joy for me the line to protect the safety of mariners and Super Bowl of the Coast Guard.’’ that my crew got this award, with or with- the integrity of our coast. BOAT OF NOTE out me. The fact that we got this Kimball On the Vineyard, the Coast Guard is an im- with the 47-foot motor lifeboat is just amaz- The Kimball Award is named for the Maine portant part of the community. Those who first ing. It’s a big deal, and we have a lot of jun- native who introduced training, performance ior people there. They did exceptionally well. served as life savers came from the island, standards, and accountability into the life I’m very proud of all their hard work.’’ and are part of a very proud tradition that saving organization that eventually became began here years ago. Today, those who the Coast Guard. READY AND ABLE serve in Station Menemsha are not just rep- The honor is extremely difficult to As difficult as the Kimball Award is to get, resenting a Federal agency, but are very achieve, and even more noteworthy consid- it is not difficult to understand how the sta- much members of the community, honoring ering the high-tech vessel the crew must tion achieved the honor. Speaking to the the proud tradition of service that the people master and maintain. It is a test of readi- personnel offers a glimpse of the profes- of Martha’s Vineyard hold dear. ness, including the condition of the vessel, sionalism, pride, and dedication which along with the skill and training of the crew, courses through the ranks. They understand Station Menemsha’s remarkable achieve- administered by inspectors so tough that that the award represents more than passing ment is not just about receiving an award; it is they inspire awe among the enlisted men and an exam on a specific day. They know an en- a testament to the professionalism and dedi- women. gine leak, a poorly maintained pump, or a cation that each member of the station brings ‘‘This isn’t flag football, everybody gets a navigation error may mean points deducted to the job. In their line of work, readiness and trophy sort of a deal,’’ said Rear Admiral from the Kimball award grade sheet. ‘‘They

∑ 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 06:11 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K14FE8.005 E14FEPT1 bajohnson on PROD1PC77 with REMARKS E190 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2008 watch us plot position, lay down courses,’’ TRIBUTE TO DEBBIE HALEY most canned goods. Prairie Ridge Elementary said Petty Officer Nelligan. ‘‘How we orga- School won the most recent competition—col- nize the crew, how we get our boat set up, lecting well over 4,000 canned food items. how we’re going to respond. They’re pretty HON. EDDIE BERNICE JOHNSON much testing everything that could possible OF TEXAS With the cans from other schools, this pro- go wrong.’’ IN THE HOUSE OF REPRESENTATIVES gram fills the tri-town food closets each year— providing about 60 families with donated food The unit also realizes these things can Thursday, February 14, 2008 mean life or death when it’s not a drill. ‘‘We every month. For people who do not have are a search and rescue station,’’ said Petty Ms. EDDIE BERNICE JOHNSON of Texas. homes or food, this service is life-saving. To Officer Nelligan. ‘‘It’s the middle of the Madam Speaker, I rise today to pay tribute to augment the canned resources, Mr. Trujillo night, it’s the middle of the day, during a a longtime civic and political leader from East has also encouraged these schools to sponsor meal, those are the times you really have to Houston—Debbie Haley of Terrell—who died a community bingo game. snap to and get the boats ready.’’ recently at the age of 72. Mrs. Haley was an Madam Speaker, I ask my colleagues to join Petty Officer Nelligan joined the Coast outstanding citizen who devoted a lifetime to with me in congratulating Mr. Vic Trujillo for Guard shortly after the September 11, 2001 helping those in her community, and she will his exceptional community work and to ex- attacks on the World Trade Center in New press our appreciation for his efforts. I’m York City. ‘‘I wanted to be involved in some be missed by all those who knew her. branch of the service that I knew was going Leona Deborah Penn Haley was born on proud to acknowledge his reception of the ‘‘7- to protect my family, and this country,’’ February 24, 1935, in Queens, a borough of Everyday Hero’’ award and wish him good said the Dennis native. New York City, the daughter of Edward and health, happiness, and success in his future Petty Officer Robertson, who grew up in Rella Penn. She was a graduate of Queens endeavors. Wrentham, is a six-year veteran of the Coast College. From 1958 to 1966, Haley taught in f Guard. He flashes a broad grin when recall- elementary schools in New York and Nash- ing the day Chief Barr told the assembled ville, TN. In 1968, Haley and her husband, a PERSONAL EXPLANATION crew that they had won the Kimball Award. physician, moved to Houston. ‘‘Definitely a lot of big smiles and high Mrs. Haley emphasized education as the HON. KENNY C. HULSHOF fives,’’ he said. key to advancing minority interests. Founder OF MISSOURI Petty Officer Robertson likes the of the Texas Black Caucus, in 1976, she was Menemsha assignment so much, he asked to IN THE HOUSE OF REPRESENTATIVES extend his duty an extra year. ‘‘I like the a delegate to the Democratic National Con- Thursday, February 14, 2008 whole Island vibe, the whole atmosphere,’’ he vention. said. ‘‘We have a blast in the summer, we Debbie Haley was also a president of the Mr. HULSHOF. Madam Speaker, on Feb- have a really tight-knit crew here. We work Cultural Arts Council of Houston and Harris ruary 12, 2008, I was unavoidably detained hard and play hard.’’ County. For years, she also was a board and missed votes. Listed below are the votes The pride carries over to the town of member of the United Negro College Fund. I missed and how I would have voted had I Chilmark, which has come to think of the Madam Speaker, Debbie Haley’s commit- been there. station as its own. ‘‘They are an integral ment to her community, her legacy of gen- H. Res. 954, rollcall No. 43—Honoring the part of our community,’’ said Chilmark se- erosity, and her selflessness serve as an ex- life of senior Border Patrol agent Luis A. lectman Frank Fenner Jr., who along with ample to all Americans. It is people like Aguilar, who lost his life in the line of duty selectman Riggs Parker, and a large contin- near Yuma, Arizona, on January 19, 2008. gent of town officers, police officers, resi- Debbie, working together in communities in dents, attended the morning ceremony. ‘‘I’m Texas that make our Nation so great. We can Had I been here, I would have voted ‘‘yes.’’ proud that this station is doing so well.’’ celebrate the power of one individual, Debbie H. Res. 909, rollcall No. 44—Commemo- Haley, by bringing the best out of all us in our rating the courage of the Haitian soldiers that f neighbors, our community, and our Nation. fought for American independence in the In addition to her son Anthony, survivors in- ‘‘Siege of Savannah’’ and for Haiti’s independ- HORRIFIC ATTACK ON BAGHDAD clude her husband, Ronald Haley of Houston; ence and renunciation of slavery. Had I been MARKET two other sons, Sean Haley of Pearland and here, I would have voted ‘‘yes.’’ Kyle Haley of North Hollywood, Calif.; and a H. Con. Res. 281, rollcall No. 45—Cele- daughter, Rhonda Sewell of Sugar Land. brating the birth of Abraham Lincoln and rec- HON. DAVID G. REICHERT She was well-loved and well-respected in ognizing the prominence the Declaration of OF WASHINGTON Houston and Texas, and she will be missed Independence played in the development of IN THE HOUSE OF REPRESENTATIVES by all those who knew her. Madam Speaker, Abraham Lincoln’s beliefs. Had I been here, I I am honored today to pay a final tribute to would have voted ‘‘yes.’’ Thursday, February 14, 2008 this outstanding community leader, Debbie f Mr. REICHERT. Madam Speaker, I rise Haley. HONORING JOHN MIKOLAJCIK, OF today with a heavy heart. On February 1, f AMERICAN CANYON, CALIFORNIA 2008, two young women with developmental disabilities walked into a Baghdad market, HONORING MR. VIC TRUJILLO most likely unaware that they were being used HON. MIKE THOMPSON as walking bombs, about to be remotely deto- HON. MARK UDALL OF CALIFORNIA nated. OF COLORADO IN THE HOUSE OF REPRESENTATIVES In a horrific and coordinated attack, these IN THE HOUSE OF REPRESENTATIVES Thursday, February 14, 2008 vulnerable women lost their lives, along with Thursday, February 14, 2008 Mr. THOMPSON of California. Madam more than 70 other innocent bystanders. Mr. UDALL of Colorado. Madam Speaker, I Speaker, I rise today to recognize John As the godfather of a young boy who has rise today to congratulate Mr. Vic Trujillo for Mikolajcik in honor of his service to the city developmental disabilities and as a strong ad- receiving the ‘‘7-Everyday Hero’’ award. I am and people of American Canyon, California. vocate for that community, it is my hope that pleased to recognize his service and the many Mr. Mikolajcik was bom in Cohoes, New we continue to fight against the exploitation of contributions he has made to our community. York, on April 30, 1921. He received his call these heroic people anywhere in the world. For the last 12 years, Lions Club member of duty a day after Pearl Harbor. He enlisted This horrific attack is the latest demonstra- Vic Trujillo and his wife Ida volunteered side in the United States Marine Corps, where he tion of the kind of uncivilized evil that we are by side. Their dedication to the community served 41⁄2 years as a mess sergeant. In 1954 confronting in the war on terror. We have even blossomed into a program to prevent neigh- he built and opened the Mid City Nursery in heard rumors this week that young children bors from going hungry while empowering American Canyon, a nursery which has contin- are being used by these terrorists. What kind youth to help others. Mr. Trujillo has continued ued to flourish throughout the years. He began of human being would stoop to this level to the family’s commitment to community service his career of public service when he was ap- achieve their aims? even after his wife’s passing. pointed to the American Canyon School Madam Speaker, this event should serve as Partnering with schools in the tri-town area Board, which was consolidated into the Napa an example why our Nation must continue to of Firestone, Frederick, and Dacono, the Tru- Valley Unified School District, serving a total protect the rights of the innocent and to con- jillos have created a canned-good competition of 22 years. Thanks to the guidance of Mr. tinue to preserve freedom for everyone. in which area schools compete to collect the Mikolajcik, American Canyon now has three

VerDate Aug 31 2005 06:11 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K14FE8.005 E14FEPT1 bajohnson on PROD1PC77 with REMARKS February 14, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E191 elementary schools, two middle schools and a present its business of the year award to Gulf HONORING AN ADVOCATE FOR high school projected to open in the near fu- Copper & Manufacturing Corporation, Gulf ARMY QUALITY OF LIFE, WIL- ture. Copper, in recognition of the many contribu- LIAM A. ARMBRUSTER Mr. Mikolajcik was a strong proponent of tions that it has made to the Galveston com- American Canyon during his tenure on the munity. I am pleased to join my friends from Napa City Council, where he served two terms the Galveston Chamber of Commerce in pay- HON. SAM FARR from 1980 to 1988. Mr. Mikolajcik was at the ing tribute to Gulf Copper. forefront of the negotiations to integrate Amer- OF CALIFORNIA ican Canyon into Napa County, and in 1992 Gulf Copper is an employee-owned com- IN THE HOUSE OF REPRESENTATIVES that goal was achieved. He continued in his pany that has been in existence for over 50 civic efforts and served one term on the Napa years. Originally specializing in the installation Thursday, February 14, 2008 of copper tubing on marine vessels, Gulf Cop- County Planning Commission, where he was Mr. FARR. Madam Speaker, I rise today to per has since expanded into the offshore, mili- involved in the formation of a volunteer fire de- honor a tireless public servant who has dedi- partment and a water and recreation district. tary marine, petrochemical, and industrial mar- cated much of his career to improving the Madam Speaker, it is appropriate at this kets with base services including full topside time that we thank John Mikolajcik for his marine repair, steel fabrication, steel and me- quality of life for our soldiers and their families. years of dedication and service on behalf of chanical repair, machining, painting, and blast- William A. Armbruster shortly will be retiring the Napa Valley. He has been a model citizen ing. These expansions of service are helping from the Army as he steps down from his role and leader in American Canyon and his pres- Gulf Cooper achieve their objective of being as Deputy Assistant Secretary of the Army for ence there has enriched the lives of everyone the preferred provider of marine and industrial Privatization and Partnerships. in our community. fabrication and repair services in the Texas I first came to know Bill through the Army’s f gulf coast. collaboration with myself and local officials COMMENDING DR. KHEM Gulf Copper’s customer list includes most over re-use issues at the former Fort Ord, AGGARWAL FOR HIS CONTRIBU- major U.S. commercial ship operators as well which was closed in a BRAC action in 1991. TIONS TO HIGHER EDUCATION as the U.S. Government Maritime Administra- More importantly, Bill was pivotal in shep- tion, Coast Guard, U.S. Navy, U.S. Army herding plans to privatize Army housing at the HON. RODNEY ALEXANDER Corps of Engineers, and the Military Sealift Presidio of Monterey—now known as the Ord OF LOUISIANA Command. Military Community—in one of the most suc- IN THE HOUSE OF REPRESENTATIVES cessful Residential Community Initiatives ever Thursday, February 14, 2008 Gulf Copper’s success has brought many benefits to Galveston. For example, Gulf Coo- undertaken in the United States. In Monterey Mr. ALEXANDER. Madam Speaker, I rise per is responsible for pumping a seven-digit there is a strong military presence including today to commemorate Dr. Khem Aggarwal for revenue stream into the Port of Galveston. the Army and Navy and related agencies. his outstanding contributions to the field of Gulf Cooper is also a source of employment Both services were in dire need of upgrading higher education. for many residents of Galveston County. In their housing to accommodate growing num- Dr. Aggarwal has been an educator in high- bers of personnel. Rather than expend millions er education for over 50 years, having served June 2007, Gulf Copper Dry Dock and Rig of dollars in rehabbing inadequate barracks in his homeland, India, for 13 years, at the Repair added an additional 683 employees to University of Wisconsin, Whitewater, Wis., its already large staff. Gulf Copper has also and family quarters for soldiers and their fami- from 1983 to 1986, Temple University, Phila- helped attract London-based Rolls Royce lies who are attached to the Defense Lan- delphia, Pa., from 1981 to 1983, and currently Commercial Marine to the Galveston area. guage Institute, Bill helped craft a first-in-the- serving as Professor of Mathematics at Lou- Gulf Copper also benefits the people of Gal- nation joint RCI project between the Army and isiana State University at Alexandria, Alexan- veston by serving as a model of corporate the Navy using private capital to leverage new dria, La., where he has been teaching since civic involvement. The company has helped and improved housing stock. Now not only do 1986. promote Galveston’s Oceans of Opportunities both the DLI and the Naval Postgraduate Dr. Aggarwal has made a tremendous im- Job Fair and works with Galveston College to School have premier housing for their per- pact on the achievements and successes of promote Workforce Investment Act-funded sonnel, they have it at minimal cost to the students who have enrolled in his college welding and pipe fitting classes. Federal government. courses. His first priority has and continues to be ensuring the academic development of his Gina Spagnola, president of the Galveston This is the sort of creative thinker Bill Arm- students, as evidenced by time spent with Chamber of Commerce, said that Gulf Copper bruster is. He uses the power of his office to them both inside and outside of the classroom deserves this award because: ‘‘They are ac- make positive changes in his department and setting. tively involved in the Galveston community for the men and women who serve our mili- Throughout his tenure at Louisiana State and have made a positive impact on both em- tary. University at Alexandria, alumnae as well as ployers and workers. This chamber and the Even more recently Bill has been front-and- university graduates have consistently re- City of Galveston are grateful for Gulf Cop- center on negotiating a complicated land swap ported how Dr. Aggarwal contributed to their per’s commitment to our community.’’ at the former Fort Ord that, again, will result success in their chosen career fields. More- Madam Speaker, I am pleased to join the in much needed housing for Army personnel over, his colleagues regard him as an excel- and for the first time will make available this lent professor and deem him a gracious and Galveston Chamber of Commerce in honoring grateful person deserving of recognition and the management and staff of Gulf Copper for housing to essential personnel attached to the honor for his active role in the advancement of all of their contributions to the economy and DLI and other Federal agencies. This deal, higher education. community of Galveston, Texas. colloquially known as the Stilwell Kidney ex- Madam Speaker, I ask my colleagues to join change, involves the Army, the City of Sea- me in commending Dr. Khem Aggarwal for his f side, the California State Parks system and exceptional contributions and remarkable influ- the American Youth Hostel. It has taken 4 ence on the field of higher education. PERSONAL EXPLANATION years to accomplish. But Bill stuck with it be- f cause he knew it was the right thing to do to TRIBUTE TO GULF COPPER & HON. TRENT FRANKS advance the mission of the Army and the na- MANUFACTURING tion. OF ARIZONA Madam Speaker, I will miss Bill Armbruster HON. RON PAUL IN THE HOUSE OF REPRESENTATIVES for his creativity, his dedication and especially OF TEXAS Thursday, February 14, 2008 his humaneness. He was always looking out IN THE HOUSE OF REPRESENTATIVES for our service men and women’s quality of Thursday, February 14, 2008 Mr. FRANKS of Arizona. Madam Speaker, life. It has been a joy to work with a man of Mr. PAUL. Madam Speaker, on February on rollcall No. 43, I was unavoidably detained. such integrity, and I wish him well in the years 27, the Galveston Chamber of Commerce will Had I been present, I would have voted ‘‘yes.’’ ahead.

VerDate Aug 31 2005 06:11 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A14FE8.005 E14FEPT1 bajohnson on PROD1PC77 with REMARKS E192 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2008 THE KING LEGACY AWARD FOR In his sermon ‘‘Loving Your Enemies,’’ de- work for Dominican Republic Media but also INTERNATIONAL SERVICE livered at Dexter Avenue Baptist Church in became a radio correspondent for ‘‘Radio Mil Montgomery, Ala., Nov. 17, 1957, Dr. King ex- and Nacional.’’ pounded on the power and comprehensive- Coco received a contract with Hispanic HON. JESSE L. JACKSON, JR. ness of the Greek language, explaining how Broadcasting Association, HBC, to work on OF ILLINOIS Greek ‘‘comes to our aid beautifully in giv- ing us the real meaning and depth of the many of their projects. He is now part of the IN THE HOUSE OF REPRESENTATIVES whole philosophy of love . . . for you see the powerful radio and television chain known as Thursday, February 14, 2008 Greek language has three words for love . . . Univision. He can be heard on various radio eros . . . a sort of aesthetic love. Plato talks programs, ‘‘Coco and Gisela,’’ ‘‘Coco Mr. JACKSON of Illinois. Madam Speaker, I about it a great deal in his dialogues, a sort Clasicos,’’ and ‘‘The Coco and Celines Show’’ rise today to bring attention to ‘‘The King Leg- of yearning of the soul for the realm of the on 105.9 Latin Mix. This show is known as acy Award for International Service.’’ In Janu- gods. Then the Greek language talks about one of the most important morning radio ary 2007, Greek Ambassador Alexandros philia . . . the intimate affection between shows in the New York area. He has also Mallias received this coveted award for his personal friends. The Greek language comes made guest appearances on Univision TV out with another word for love. It is the word contributions to peace in the Balkans, to shows such as ‘‘Despierta America,’’ ‘‘Al agape . . . the understanding, creative, re- Greek-American relations, and to efforts to Despertar’’ and ‘‘Don Francisco Presenta.’’ prevent such abhorrent practices as human demptive good will for all men. It is a love that seeks nothing in return.’’ Throughout his career, Coco has received trafficking, which is a modern form of slavery. Erudite men and women have researched numerous national and international awards, Accepting the award, the Greek ambas- the education of Dr. King, concluding that which include: ‘‘Cassandra Distinguished sador spoke of Dr. King’s struggle for freedom he studied the ancient Greek classics at Radio Personality,’’ presented by the Associa- and against discrimination in the context of the length and drew inspiration not only from tion of Arts & Journalism of Santo Domingo. search for justice memorialized by classic the Bible, but also from ancient Greek phi- He was the first Dominican to receive this Greek tragic playwrights, like Aeschylus in his losophers, playwrights and political figures. award that lived outside the country. In 2007, play ‘‘Prometheus Bound’’ and Sophocles in Dr. King’s ‘‘Letter From Birmingham Coco received the ‘‘Distinguished Journalist his play ‘‘Antigone.’’ He also highlighted the in- Jail’’ of April 16, 1963, was addressed to his and Citizen Award’’ presented by Dr. Pedro spiration given by Dr. King to struggles for de- fellow clergymen and expounded upon his own theory of civil disobedience: ‘‘I submit Henriquez Uren˜a, director of Human Rights mocracy worldwide, including Greece during that an individual who breaks a law that Organization of Santo Domingo. military dictatorship in the late 1960s, and conscience tells him is unjust and who will- Alipio Coco Cabrera is a veteran of radio against discrimination, noting also that ingly accepts the penalty of imprisonment and is best known for his unique style and AHEPA, the largest and oldest Greek-Amer- . . . is in reality expressing the highest re- electric personality. It is only fitting that on ican association, was founded in Atlanta, GA spect for law’’ brought to mind Antigone, a February 17, 2008, he will be honored for 25 in 1922, precisely to defend Greek immigrants reluctant but inevitably brave heroine, in years in the radio broadcasting business at a from persecution and segregation. Sophocles’ namesake play, who said: ‘‘I will banquet to be held at the United Palace The- Below is an article Ambassador Mallias not obey an unjust law, and if something ater in New York City. happens because of it—so be it.’’ wrote on Dr. King and the Greek classics. Please join me in honoring Alipio Coco This was not wasted on classics professor [From the Washington Times, Jan. 29, 2008] Lewis Sussman of the University of Florida, Cabrera for his outstanding achievements and DR. KING AND THE GREEK CLASSICS who wrote extensively on this connection. in congratulating him, his children Jean Carols and Jacyra. (By Alexandros P. Mallias) I need no further proof of the inspiration Dr. King imparted from the classics than his f This year will mark the 40th anniversary own words in the last speech of his life, ‘‘I’ve of the death of Martin Luther King, Jr. His Been to the Mountaintop,’’ which resounded RECOGNIZING UNO, THE FIRST death on April 4, 1968, found my country in around the world on April 3, 1968, just one BEAGLE TO WIN ‘‘BEST IN the midst of one of its darkest hours, as the day before his assassination in Memphis: ‘‘I SHOW’’ AT THE 2008 WEST- one year anniversary of an oppressive mili- would take my mental flight by Egypt tary dictatorship neared. MINSTER KENNEL CLUB DOG through, or rather across the Red Sea, SHOW With my fellow citizens living under mili- through the wilderness on toward the prom- tary rule and deprived of the very basic free- ised land. And in spite of its magnificence, I doms, I was inspired by the people of Bir- wouldn’t stop there. I would move on by HON. JERRY F. COSTELLO mingham, Ala., of Memphis and Atlanta, Greece, and take my mind to Mount Olym- OF ILLINOIS who, in a most dignified way, poured into the pus. And I would see Plato, Aristotle, Soc- IN THE HOUSE OF REPRESENTATIVES streets, standing up for what was rightly rates, Euripides and Aristophanes assembled theirs. around the Parthenon as they discussed the Thursday, February 14, 2008 Across the Atlantic, the civil-rights move- great and eternal issues of reality.’’ Mr. COSTELLO. Madam Speaker, I rise ment reached us in the clarion voice of Mar- Dr. King’s words continue to inspire me. today to ask my colleagues to join me in rec- tin Luther King Jr., and hope stirred in the And what I impart from him is similar to hearts of many Greek people like myself ognizing Uno, the first beagle to win ‘‘Best In what I imparted from the ancient Greek tra- Show’’ at the 132nd Westminster Kennel Club that ‘‘We’’, too, ‘‘Shall Overcome.’’ dition that the ‘‘good life’’ is the one in Upon my arrival in Washington as Greece’s which the individual partakes in the respon- Dog Show at Madison Square Garden. ambassador, and influenced by what I call sibility and concerns of all society. Uno was bred and is co-owned by Kathy the current ‘‘Golden Age for the Classics’’ in Weichert, of Belleville, IL. While Uno came the United States, I have gone back to the f into this competition with 32 previous best in staples of my education with new apprecia- HONORING ALIPIO COCO CABRERA show ribbons, he faced considerable competi- tion—Sophocles, Plato, Homer, Heraclitus, tion at this year’s Westminster event. Not only Thucydides. And I realized that the Rev. had no beagle ever won ‘‘Best In Show’’ at King’s speeches and homilies are fraught HON. ALBIO SIRES with references to the Greek classics. Westminster, no beagle had even placed first OF NEW JERSEY I pored over his writings and speeches and in the hound division since 1939. realized his was no simple preaching. I began IN THE HOUSE OF REPRESENTATIVES Uno not only won the recognition of the to sense he had a profound understanding of Thursday, February 14, 2008 judges at this year’s Westminster Kennel Club what we call the ‘‘classics.’’ In his Nobel ac- Dog Show, but he was also the fan’s favorite ceptance speech, he spoke of Greek lit- Mr. SIRES. Madam Speaker, I rise today in as was made evident by the rousing, standing erature, of Homer and the temptresses Si- honor of Alipio Coco Cabrera on his 25th anni- ovation from the capacity crowd at Madison rens, of Orpheus—not in dry academic fash- versary in radio and television broadcasting. Square Garden when his victory was an- ion, but as part and parcel of his under- Coco can be considered a communicator by nounced. standing of the world. nature. He was born in Villa Mella, Dominican Madam Speaker, I ask my colleagues to join As the beneficiary of a classical education, as were most young Greeks of my genera- Republic. He started his career as a journalist me in congratulating Kathy Weichert, owner of tion, the words of Dr. King brought to mind for ‘‘Noti Tiempo’’ commercial radio station as K-Run Kennels in Belleville, IL and recog- great orators of ancient Greece— well as a writer for ‘‘El Nacional’’ newspaper. nizing Uno, this year’s ‘‘Best In Show’’ winner Demosthenes, for one, who had to overcome Coco immigrated to the United States in 1978, at the 2008 Westminster Kennel Club Dog his own particular limitations. settling in New York City. He continued to Show.

VerDate Aug 31 2005 06:23 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A14FE8.008 E14FEPT1 bajohnson on PROD1PC77 with REMARKS February 14, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E193 TRIBUTE TO CHARLES E. POWERS school for Tifton, which outbid other area cit- tance of education has a strong history in the ies. The school—originally named The Second town. In 1897, the Parker Union Academy re- HON. JOHN M. SPRATT, JR. District A&M School—opened its doors on ceived a large addition, including two towers, OF SOUTH CAROLINA February 20, 1908. one for an observatory and one for a bell. The IN THE HOUSE OF REPRESENTATIVES Madam Speaker, students received a high dedication to the improvement of the school school education that let them go on to ca- system has been a tradition carried on to the Thursday, February 14, 2008 reers in farming, business and medicine, but current students in Clarence. A most recent Mr. SPRATT. Madam Speaker, I rise to pay as education improved in rural areas, the achievement in this area was the Blue Ribbon tribute to Mayor Charles E. Powers, the former State saw the need for a men’s senior State National School of Excellence award that Clar- mayor of Fort Mill, SC, a town I have the college in South Georgia. In 1924, the school ence High School earned in the 2001–2002 honor of representing. I call his service to the began the transition from a high school cur- school year. attention of the House because his long years riculum to a college program as the South After World War II, Clarence experienced a in office are a model for local government. Georgia A&M College. great period of growth. The population rose Charles Powers served as mayor of Fort This would be the first of several changes to from 2,948 residents to about 13,267 by 1960. Mill for 24 years, and before that, as a mem- the school’s name and purpose. The biggest The population was not the only thing growing ber of the city council. During all these years, change came in the midst of the Great De- in Clarence in the first half of the twentieth he worked and raised a family, but the City pression in 1933, when the college’s focus century; the discovery of natural resources claimed his devotion. As mayor, he was totally was narrowed to just agriculture and home ec- opened the doors for many businesses and in- committed. Fort Mill came first. onomics and it was renamed the Abraham dustries. After gypsum was detected in 1925, While serving as mayor, Charles Powers Baldwin Agricultural College to honor a Geor- the National Gypsum Company was formed oversaw his small town as it grew and grew in gia signer of the United States Constitution. and mined for gypsum until 1982. Other re- the backwash of Charlotte, NC. He made sure Madam Speaker, the school’s focus has ex- sources that were discovered in Clarence dur- that Fort Mill got its share of the growth, yet panded over the years and now includes 57 ing this period were sand and gravel, which never lost its hometown quality, its hospitality diverse programs of study, including bachelor provided supplies for many important indus- and friendship. He helped Fort Mill remain a of applied science degrees in diversified agri- tries in western New York. special place, and not become a bedroom culture and in turfgrass and golf course man- The expansion of industry and culture was suburb of Charlotte. He had the vision to see agement. also fueled by the implantable pacemaker, the need for a new city hall, for a local library, ABAC’s programs in turfgrass and golf patented by Wilson Greatbatch in 1962. Fol- for a visitors’ center on Main Street, and for course management have been cited as some lowing the invention of this lifesaving device, numerous other projects. Under his leader- of the best in North America, and the college Greatbatch founded the Wilson Greatbatch ship, things got done. Fort Mill flourished as has also been recognized for its top marks in LTD. in 1970. The location of this research fa- an all-American town. student-facility interaction and academic chal- cility in Clarence opened the doors for a num- In his latest race for re-election, Charles lenge. ber of employment opportunities and techno- Powers did not have the good fortune of win- Madam Speaker, I am confident my col- logical advances. ning, but he took defeat with the grace and leagues will join me in honoring ABAC for its Finally, the history of Clarence can not be goodwill that always marked his years in of- 100 years of service to Georgia’s students. discussed without noting that the town’s great- fice. f est resource is the hard-working members of Just a few days ago, Charles Powers, in his the community. In Clarence, you find gen- well worn role as ambassador of good will, HONORING CLARENCE, NEW YORK erous, down-to-earth, friendly people who are opened the door of a local convenience store, willing to help their neighbors. More than any- and spoke kindly to the stranger going out. HON. THOMAS M. REYNOLDS thing else to celebrate on this 200th anniver- Before he realized that the man had just OF NEW YORK sary is the good-hearted and gracious people robbed the store, the stranger turned his pistol IN THE HOUSE OF REPRESENTATIVES of Clarence. on Charles Powers and shot him. Fortunately, Thursday, February 14, 2008 Thus, Madam Speaker, in recognition of its Charles Powers survived the assault, and is rich history, agricultural tradition, innovation, out and about Fort Mill again. Mr. REYNOLDS. Madam Speaker, it is with and its wonderful residents, I ask that this Local elected officials like Charles Powers great honor that I rise today in celebration and Honorable Body join me in celebrating the deal with problems that nettle people most, recognition of the 200th anniversary of Clar- 200th anniversary of the Town of Clarence. ence, NY. from potholes to public schools. Leaders like f him solve those problems and make our de- The roots of this historic town date back to mocracy work and our communities livable. 1799, when Asa Ransom became the first to HONORING STATION POINT When they step down after years of service, settle there. Ransom opened a tavern, sawmill ALLERTON AS THE RECIPIENT they deserve our recognition and respect. and gristmill in the area that is today known as OF THE SUMNER I. KIMBALL the Clarence Hollow. Also among the first to AWARD f settle in Clarence was Asa Harris, who IN TRIBUTE TO ABRAHAM BALD- opened a tavern on the other side of the town HON. WILLIAM D. DELAHUNT WIN AGRICULTURAL COLLEGE in 1807. OF MASSACHUSETTS It was 1 year later on March 11, 1808, that IN THE HOUSE OF REPRESENTATIVES Clarence was incorporated. This made Clar- HON. JIM MARSHALL Thursday, February 14, 2008 OF GEORGIA ence the oldest town in Erie County. After its IN THE HOUSE OF REPRESENTATIVES incorporation, Clarence continued to attract Mr. DELAHUNT. Madam Speaker, I rise farmers and businesses; churches also began today to honor those serving in the United Thursday, February 14, 2008 to spring up throughout the 52 square mile States Coast Guard at Station Point Allerton of Mr. MARSHALL. Madam Speaker, I rise town. This growing town played a large role in Hull, Massachusetts. They are the proud re- today to pay tribute to Abraham Baldwin Agri- Western New York during the War of 1812. cipient of the prestigious Sumner I. Kimball cultural College as it marks 100 years since its When people fled the City of Buffalo in 1813 Readiness Award. doors first opened for classes. due to the fires set by the British, many took The crew at Station Point Allerton has The school, which is known throughout refuge in Clarence. Among those who sought upheld a long tradition of life saving and mis- Georgia as ABAC, has grown from a high shelter were the Salisbury Brothers, who pub- sion excellence that was started by Joshua school with three instructors and 27 students lished the Buffalo Gazette from the Asa Harris James and Sumner Kimball, the General Su- to more than 3,600 students with a reputation Tavern. perintendent of the Life-Saving Service from as one of the Nation’s 10 best community col- The late 1800s saw a number of cultural ad- 1878–1916. James and Kimball were among leges. vances in the then small town of Clarence. the most celebrated life savers in the world Located in Tifton, GA, the school is the The first carrousel built in the United States and they both served just a short distance product of a 1906 Georgia law that estab- was constructed in Clarence in 1897 by Carl from their current Coast Guard station. lished a district agricultural high school in each Newman and Carl Landow. This hand oper- The Sumner I. Kimball Readiness Award of Georgia’s congressional districts. Mr. H.H. ated carrousel was utilized by the people of was established in April of 2001 to recognize Tift successfully led an effort to secure the Clarence for over 30 years. Also, the impor- United States Coast Guard Boat Force units

VerDate Aug 31 2005 06:23 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.012 E14FEPT1 bajohnson on PROD1PC77 with REMARKS E194 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2008 that are truly the best of the best. It is a rarity our promises to America’s veterans. But we and Agenoria Paschal of Miami, Florida; and in the Coast Guard, as very few units attain must also keep our promise to veterans in our seven grandchildren. this level of outstanding performance. It de- communities, and the Veterans Family Fund Ambassador Spearman was a true Amer- mands a grade of 90 percent or higher during Certificate of Deposit is a perfect example of ican hero whose accomplishments are a testa- a rigorous week-long inspection, requiring a just such an effort. It is a straightforward way ment to his humanitarian spirit. combination of exemplary test scores, crew of raising additional funds to meet the needs f proficiency, superb vessel condition, excellent of Washington veterans and their families, and HONORING SIR FRANKLIN MILLER performance in drills, a successful and pro- to assist our returning troops in making a gressive unit training program, survival sys- seamless transition home. tems readiness and good administrative work This program represents some of the very HON. MARK UDALL by all members. In their line of work, readi- best that can come from public-private part- OF COLORADO ness and competence is the difference be- nerships. I commend the many participating IN THE HOUSE OF REPRESENTATIVES tween life and death. banks and credit unions for joining with the Thursday, February 14, 2008 What makes this feat more impressive is State VA to make this initiative possible, and Mr. UDALL of Colorado. Madam Speaker, I that all 6 boats and their substation, Station I hope that other States will soon follow Wash- rise today to congratulate one of my esteemed (small) Scituate, had to perform at this remark- ington’s lead. colleagues and former classmates, Sir Frank- ably high level. I would like to congratulate No matter how big or small the effort, we lin Miller, for receiving honorary knighthood by Commanding Officer Thomas J. Guthlein and must continue to pursue every available the British Government. Queen Elizabeth II, the men and women stationed at Point means of supporting our troops. We are the during her fall 2007 visit to Washington, DC, Allerton for their exemplary service: United States of America today, and we are awarded Mr. Miller with honorary knighthood— BMC Michael Dibartolomeo, MKC Kevin free, because of the sacrifices of these men a Knight Commander of the Order of the Brit- Nuzzolilli, BM1 Luis Catala, BM1 Sean Good- and women in uniform who put their lives on ish Empire—in gratitude for his work to win, BM1 Wayne Lougee, BM1 Christopher the line—for us, for their country. strengthen U.S.-U.K. defense collaboration Carson, MK1 Robert Chofay, SK1 Michael f during his career with the Department of De- Murphy, BM2 Phillip Garrett, BM2 James fense and as Special Assistant to President TRIBUTE TO U.S. AMBASSADOR Mankus, BM2 Nicholas Linstrom, BM2 George W. Bush. I am pleased to recognize SPEARMAN Kleverson Lemos, BM2 Logan Adkisson, MK2 his commitment to America’s security. Dominc Michael, MK2 Michael Cella, MK3 Frank and I were both members of the Wil- Ryan Fahey, FS2 Patrick Kelly, FS2 John HON. EDDIE BERNICE JOHNSON liams College Class of 1972. After graduating, Robbins, BM3 Noah Rowland, BM3 Adam OF TEXAS he served as Communications Officer and Griffin, BM3 Christopher Dangelo, BM3 Mat- IN THE HOUSE OF REPRESENTATIVES Anti-Submarine Warfare Officer aboard the thew Renner, BM3 Jonathan Cunningham, Thursday, February 14, 2008 USS Joseph Hewes, a Knox-class frigate, with BM3 Jessica Adams, BM3 Glenn Fenstra, deployments in the Mediterranean Sea, Indian MK3 David Northrop, MK3 Manish Moideen, Ms. EDDIE BERNICE JOHNSON of Texas. and Atlantic Oceans. In 1977, he returned to SN Brittany Coyne, SN Daniel Williams, SN Madam Speaker, today I pay tribute to the life school and received his MPA from Princeton Adam Ruffner, SN Roger Souliere, FN Angela of Leonard H.O. Spearman, an outstanding in- University’s Woodrow Wilson School of Public Klingler, SN Tony Layne. dividual who served as ambassador to two Af- and International Affairs. It is very fitting that such this particular rican countries and later headed an advisory His talents at defense studies brought him Coast Guard unit receive this very prestigious board to historically black colleges, who to the State Department’s Bureau of Political- award. It is given in honor of Sumner Kimball passed away on January 16, 2008, at the age Military Affairs from 1977 to 1979. For 22 who established the tradition of training and of 78 in Katy, Texas. years, he served under seven Secretaries in a preparedness years ago off the waters of Hull. Leonard Hall O’Connell Spearman, Sr., was series of progressively senior positions. His Even more remarkable, is the fact that this is a native of Tallahassee, Florida, and a 1947 final assignments were twice as Acting Assist- the second time that Station Point Allerton has graduate of what is now Florida A&M Univer- ant Secretary for International Security Policy received this award, with the first being in sity, where he played cornet in a band that in- and once as Principal Deputy Assistant Sec- 2002. This award is not just a testament to the cluded saxophonist Julian ‘‘Cannonball’’ retary for Strategy and Threat Reduction. station, but it is a tribute to the hard working Adderley. Frank Miller served as Special Assistant to men and women who serve our Coast Guard At the University of Michigan, he received a President George W. Bush and as Senior Di- and who are willing to put their life on the line master’s degree, 1950, and a doctorate, 1960, rector for Defense Policy and Arms Control on to protect the safety of mariners and the integ- in clinical psychology. He was a psychology the National Security Council staff between rity of our coast. professor and a dean at Southern University in 2001 and 2005. This made him responsible for Baton Rouge before moving to Washington in f Presidential policy initiatives in the fields of nu- 1970 to work for the old Department of Health, clear deterrence policy, strategic arms reduc- COMMENDING THE PEOPLE OF Education and Welfare. He spent 9 years at tion, national space policy, defense trade re- WASHINGTON FOR SHOWING HEW, helping shape the educational oppor- form, land-mines, and transforming the Amer- THEIR SUPPORT FOR VETERANS tunity programs for disadvantaged students, ican and NATO militaries. as well as Federal student loan programs. He heroically assumed responsibility for the SPEECH OF Later, he served as U.S. ambassador to operation and management of the White HON. DAVID G. REICHERT Rwanda and Lesotho during the administration House Situation Room immediately following OF WASHINGTON of President George H.W. Bush. the attacks on the World Trade Center Towers After leaving his ambassadorial posts, he IN THE HOUSE OF REPRESENTATIVES on September 11, 2001. This led him to direct taught educational administration at Texas interagency support of both Operation Endur- Wednesday, February 13, 2008 Southern until 1998. From 1993 to 2001, he ing Freedom in Afghanistan and Operation Mr. REICHERT. Mr. Speaker, it is a privi- chaired the nonprofit organization, Rural Elec- Iraqi Freedom. lege to stand with our State delegation to rec- trification for African Development, which ad- For his distinguished service, he was hon- ognize an important new program begun in vocated solar technology in African villages. ored five times with the Defense Department’s Washington to support our soldiers and vet- Dr. Spearman was honored for his work in highest civilian award, the Defense Distin- erans. education and public service by the National guished Civilian Service Medal. In addition, he We must never forget that we enjoy our Council of Negro Women among other groups. has been awarded the Norwegian Royal Order freedom today because of the courage, com- I ask my colleagues to join me in extending of Merit, Grand Officer, and the French Legion mitment, and sacrifice of generations of men our condolences to the family of Ambassador of Honor, Officer. Knighthood is another fitting and women in uniform. From the beaches of Spearman, his wife of 57 years, Valeria tribute to Sir Miller’s distinguished 31-year ca- Normandy to the jungles of Vietnam, our Benbow Spearman, and three children, Lynn reer. troops have willingly and repeatedly stood in Dickerson of Baton Rouge, Leonard H.O. Mr. Speaker, I ask my colleagues to join harm’s way to preserve the values and lib- Spearman, Jr., of Katy, and Charles M. with me to congratulate Sir Miller for his recent erties we cherish. Spearman of Alexandria, Virginia; a brother, knighthood. We are grateful to Sir Miller for his I know my colleagues who stand here with Rawn W. Spearman, Sr., of Virginia Beach; outstanding commitment and service to im- me today share my commitment to keeping two sisters, Olivia Parker of Washington, DC, proving the security of this country. I wish him

VerDate Aug 31 2005 06:11 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K14FE8.004 E14FEPT1 bajohnson on PROD1PC77 with REMARKS February 14, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E195 good health, happiness, and success in his fu- As communities are working hard to recover HONORING H.O. TANNER ture endeavors. from the damage caused by the tornados, the TEACHERS f committee will closely monitor the responsive- ness of FEMA and ensure that the commu- PERSONAL EXPLANATION HON. RON PAUL nities affected will receive the assistance that OF TEXAS they need to rebuild housing, public facilities IN THE HOUSE OF REPRESENTATIVES HON. KENNY C. HULSHOF and critical infrastructure. Thursday, February 14, 2008 OF MISSOURI In closing, let me thank my colleague Rep- IN THE HOUSE OF REPRESENTATIVES Mr. PAUL. Madam Speaker, on February 21 resentative BART GORDON along with my col- Thursday, February 14, 2008 leagues on the Transportation and Infrastruc- the Texas Delta Xi Chapter of the Honorary Educators Organization Alpha Delta Kappa will Mr. HULSHOF. Madam Speaker, on Feb- ture Committee for their leadership on this res- olution. It is our hope that the rebuilding effort honor those Texas Delta Xi teachers who at- ruary 6, 2008, I was unavoidably detained and tended the H.O. Tanner School in Texas, and will soon begin, communities will be repaired missed votes. Listed below are the votes I then returned to teach at H.O. Tanner after and that families will begin to heal and return missed and how I would have voted had I completing their education. H.O. Tanner was to normalcy. been there. constructed in 1900 in order to ensure that H. Res. 867, rollcall No. 29, Commending I encourage my colleagues to support this Texas’ segregation laws did not prevent Afri- the Houston Dynamo soccer team for winning resolution. can-American children from obtaining a quality the 2007 Major League Soccer Cup: Had I education. been here, I would have voted ‘‘yes.’’ f Laws dictating what schools a child can and H. Res. 942, rollcall No. 30, Recognizing the cannot attend, based solely on that child’s significance of Black History Month: Had I HONORING THE LOUISIANA SBDC race, are a shameful aspect of America’s his- been here, I would have voted ‘‘yes.’’ 25TH ANNIVERSARY tory. It is hard to think of a better way to cele- H. Res. 943, rollcall No. 31, Remembering brate Black History Month than by honoring the Space Shuttle Challenger disaster and those who did not allow the burden of the ‘‘Jim honoring its crew members, who lost their HON. RODNEY ALEXANDER Crow’’ laws stop them from obtaining an edu- lives on January 28, 1986: Had I been here, OF LOUISIANA cation, and then used their education to serve I would have voted ‘‘yes.’’ the children of their community by devoting f IN THE HOUSE OF REPRESENTATIVES their lives to teaching. EXPRESSING SYMPATHIES AND Thursday, February 14, 2008 It is therefore with the greatest pleasure that SUPPORT FOR THE INDIVIDUALS I join Texas Delta Chapter of Alpha Delta AND INSTITUTIONS AFFECTED Mr. ALEXANDER. Madam Speaker, I rise Kappa in honoring Geneva Barrett, Cora BY THE POWERFUL TORNADOS today to commemorate the 25th Anniversary Mack, Berniece Smith, and Sister Julia Mack, THAT STRUCK CERTAIN COMMU- of the Louisiana Small Business Development who taught kindergarten at the ‘‘new’’ Henry NITIES ON FEBRUARY 5, 2008 Center (Louisiana SBDC). O. Tanner; Sister Mary Crecy, Geneva Barrett (both of whom will be honored posthumously), For over a quarter century, the Louisiana and Mary Dixon who taught at the original SPEECH OF SBDC, a network of nine service centers oper- Henry O. Tanner School; and Sisters Julia and ating in Louisiana, has provided communities HON. BENNIE G. THOMPSON Cora Mack who attended classes on the throughout the state with the means to launch OF MISSISSIPPI ‘‘new’’ H.O. Tanner campus. new businesses and maintain successful exist- IN THE HOUSE OF REPRESENTATIVES ing businesses through offering consulting, f Wednesday, February 13, 2008 business education classes, information re- PERSONAL EXPLANATION Mr. THOMPSON of Mississippi. Mr. Speak- sources and other specialized services. er, I rise in support of H. Res. 971, Expressing Just in the last six years, the Louisiana HON. TRENT FRANKS the sympathies and support of the House of SBDC has counseled over 25,000 entre- OF ARIZONA Representatives for the individuals and institu- preneurs, created nearly 7,000 new jobs, and IN THE HOUSE OF REPRESENTATIVES tions affected by the powerful tornados that has assisted small businesses in securing Thursday, February 14, 2008 struck communities in Alabama, Arkansas, nearly $359 million dollars in financing. Initia- Kentucky, Mississippi, and Tennessee on Feb- tives such as the Louisiana SBDC with its Mr. FRANKS of Arizona. Madam Speaker, ruary 5th, 2008. Our thoughts and prayers are track record of success are just what our na- on rollcall No. 44 I was unavoidably detained. with all of the families that have experienced tion needs during this time of decline in our Had I been present, I would have voted ‘‘yes.’’ the loss of loved ones caused by these tor- economy. This work is made possible through f nados. This resolution is important, as it com- the Louisiana SBDC’s partnership with the HONORING AND PRAISING THE municates to those affected that Congress is U.S. Small Business Administration, Louisiana NAACP ON ITS 99TH ANNIVERSARY here to do all that it can to help rebuild and Economic Development, participating univer- restore our damaged communities. sities and economic development agencies. While my district was not affected this time SPEECH OF by the tornados on February 5, other commu- With the help of federal funding, The Univer- HON. STENY H. HOYER nities throughout the State of Mississippi were. sity of Louisiana at Monroe’s College of Busi- ness in partnership with the Louisiana SBDC, OF MARYLAND And as you know, my State has been no IN THE HOUSE OF REPRESENTATIVES stranger to experiencing disasters. In fact, we is poised to develop the Northeast Louisiana are still recovering from the damage caused Business and Community Development Cen- Wednesday, February 13, 2008 by Hurricane Katrina and empathize with what ter. This allows the Louisiana SBDC to con- Mr. HOYER. Mr. Speaker, I am proud to the affected communities are experiencing. tinue its mission in Northeast Louisiana and support H. Con. Res. 289, the resolution intro- We know that after a disaster has occurred, provide for greater opportunity for rural busi- duced by Congressman AL GREEN to com- the recovery and rebuilding effort of our com- nesses. This center will be a source of entre- mend the National Association for the Ad- munities takes time. And when Federal, State preneurship expertise for rural communities in vancement of Colored People, NAACP, on and local governments work efficiently and ef- this area, and I expect great things for Louisi- their 99th anniversary. fectively to provide resources to our commu- ana’s 5th Congressional District’s economy to Few organizations have had such a wide- nities in a timely fashion, the rebuilding effort emerge from the efforts of this center. ranging and long-lasting impact on the United moves along more smoothly. Madam Speaker, I ask my colleagues to join States as the NAACP. Since their founding on As the chairman of the committee with over- me in honoring the 25th Anniversary of the February 12, 1909, the NAACP has been a sight of the Department of Homeland Security, LSBDC as it continues its commitment to em- strong, consistent voice for minority Ameri- DHS, of which FEMA is a part, our committee powering local citizens to reach their goals of cans. In the face of hatred and opposition, the works diligently to ensure that DHS is pre- establishing successful new businesses, which members of the NAACP have consistently pared to respond to all disasters—whether create not only a stronger Louisiana but a stuck to their guiding principle of nonviolence, they be natural disaster or acts of terrorism. stronger national economy. and worked instead through elections, the

VerDate Aug 31 2005 06:11 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.017 E14FEPT1 bajohnson on PROD1PC77 with REMARKS E196 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2008 press, and the legal system. As a result of Mrs. Smithey was the first retiree of the the day in 1942 that President Roosevelt their leadership and tireless efforts, we are Duncanville Teachers Association and spoke signed Executive Order 9066, which led to the significantly closer to achieving political, edu- highly of her career, particularly of her stu- internment of over 120,000 Americans of Jap- cational, social, and economic equality for all. dents. anese ancestry. As the oldest and largest civil rights organi- Mary E. Smithey was an exemplary teacher The President’s decision to intern Ameri- zation in the United States, I congratulate the who was loved and respected by her students, cans was an avoidable consequence of racial NAACP on their 99th anniversary. Their work their families and her peers. Mrs. Smithey, prejudice and wartime hysteria. The govern- over the past 99 years has made us a better along with her husband, Grady Sr., have held ment at all levels was blinded by war, and and more tolerant Nation. I wish them the best long careers in public service in their commu- made decisions that were contrary to our Con- as they continue their efforts to eliminate dis- nity and the tradition continues as three of stitution. The failure of each branch of govern- crimination from all corners of our society. their grandchildren are teachers. The ment to uphold the rights of individuals must f Smithey’s two sons, Grady Jr. and Gary Ervin, be taught so that future generations resist suc- are Duncanville school graduates. cumbing to the politics of fear. A TRIBUTE TO JILL THOMPSON The Mary E. Smithey PACE Learning Cen- Because of one of the darkest periods of ter is an alternative school for students, our Nation’s history, we learned of the dam- HON. IKE SKELTON grades 9 to 12, who need additional assist- age that could be done when we let the poli- OF MISSOURI ance in their education. The smaller class tics of fear cloud our judgment. I hope every IN THE HOUSE OF REPRESENTATIVES sizes and individual learning available at this American will take this day to reaffirm their commitment to our Constitution and the rights Thursday, February 14, 2008 campus help young people gain confidence and success. Students study a core cur- and protections it guarantees for all of us. This Mr. SKELTON. Madam Speaker, I rise riculum, along with electives, on a flexible commitment is a way to prevent such injustice today to honor the life of Jill Thompson. Mrs. schedule allowing them the opportunity to from ever becoming a reality again. Thompson, a registered nurse, was adminis- achieve a high school diploma. Congress has not only recognized a Day of trator of the Lafayette County, Missouri, Health I am honored to pay tribute to Mary E. Remembrance, but it also supports and funds Department. Sadly, Mrs. Thompson lost her Smithey and the Duncanville Independent internment site preservation as the physical fight with cancer on January 26, 2008. School District in the dedication and renaming reminder of past inequality. I look forward to Mrs. Thompson was an employee at the La- of the PACE School in her memory. The ob- working with my colleagues to ensure that fu- fayette County Health Department for 29 jectives of the PACE Learning Center will per- ture generations will be able to visit the intern- years. She also served two terms as the rural petuate Mrs. Smithey’s legacy in education for ment camps to gain a better understanding of health department representative from the many years to come. I am privileged to rep- the previous generation’s experience. Northwest District on the Partnership Council, resent the Duncanville ISD in the 24th District This year also marks the 20th anniversary was president of the Missouri Association of of Texas. of the enactment of the Civil Liberties Act of Public Health Agencies, and served on the f 1988. This act proves what is great about our board of the West Central Missouri Area country. When this act passed, our Nation for- Health Education Center. She is fondly re- DEATH OF ARCHBISHOP mally acknowledged and apologized for viola- membered by her colleagues as someone CHRISTODOULOS tions of civil liberties and constitutional rights who was incredibly dedicated to public health of over 100,000 interned Americans. and passionate about serving her community. HON. EDWARD R. ROYCE As we look back on a time in our Nation’s Further recognizing her commitment to pub- OF CALIFORNIA history, and how our country has responded lic health, Mrs. Thompson was a founding IN THE HOUSE OF REPRESENTATIVES since, we should have hope for the future. member of the Sounds of the Heart organiza- Around the world, human rights violations con- Thursday, February 14, 2008 tion, which raised money to place automated tinue unabated. Yet, we can combat this by external defibrillators in locations throughout Mr. ROYCE. Madam Speaker, I rise in rec- working with a single purpose towards a future the community. She was also a member of the ognition of the life of the Archbishop of Athens wherein every person, regardless of race, gen- Cancer Assistance Relief organization. This and all Greece, Mr. Christodoulos, who der, nationality or creed enjoys equal treat- organization provides cancer patients with passed away late last month. ment in this world. rides to doctors’ appointments and hospitals. Since becoming ordained as a deacon in And today, 66 years after the signing of Ex- Friends and family will never forget her 1961 and a priest in 1965, Archbishop ecutive Order 9066, we must renew our com- warm personality, dedication, and intelligence. Christodoulos showed a dedication to his faith mitment to bringing these rights to all people. Mrs. Thompson is survived by her husband and people that earned great admiration and f Larry, three children, and two grandchildren. respect among his followers. He was a leading I’m sure Members of the House will join me in voice on the origins of Christianity, and on the EXPRESSING THE CONDOLENCES paying tribute to the life of Jill Thompson for role Christianity had in the creation of the Eu- OF THE HOUSE OF REPRESENTA- her vision and leadership in the field of public ropean world and the identity of its citizens. TIVES ON THE DEATH OF THE health in the State of Missouri. It was obvious to many that Archbishop HONORABLE TOM LANTOS, A REPRESENTATIVE OF THE f Christodoulos cared greatly for his people and worked tirelessly to represent his faithful fol- STATE OF CALIFORNIA HONORING THE DEDICATION OF lowers. He also actively sought to bring faith SPEECH OF THE MARY E. SMITHEY PACE to younger generations, jocularly inviting them LEARNING CENTER back to the church as they were ‘‘earrings and HON. ANNA G. ESHOO all.’’ OF CALIFORNIA HON. KENNY MARCHANT Madam Speaker, Archbishop Christodoulos IN THE HOUSE OF REPRESENTATIVES OF TEXAS was a remarkable man whose death will be Tuesday, February 12, 2008 IN THE HOUSE OF REPRESENTATIVES mourned by many. His legacy, however, will impact generations of loyal Greek Orthodox Ms. ESHOO. Madam Speaker, I rise today Thursday, February 14, 2008 and other members of the Dyophysite faith. with great sadness to pay tribute to my col- Mr. MARCHANT. Madam Speaker, I wish to f league, my neighbor, and my friend, Con- honor the dedication and renaming of the gressman TOM LANTOS. PACE School to the Mary E. Smithey PACE DAY OF REMEMBRANCE For three decades, TOM LANTOS has been Learning Center in Duncanville, Texas. an eloquent voice for the voiceless here and On Sunday, February 17, 2008, a ceremony HON. DORIS O. MATSUI around the world. With his passing, our coun- will be held honoring Mary E. Smithey for her OF CALIFORNIA try has lost a great champion for human many years as a teacher in the Duncanville IN THE HOUSE OF REPRESENTATIVES rights. His dedication to his fellow human school system. When Mrs. Smithey began beings was rooted in having survived the Hol- teaching in Duncanville in 1946, she was one Thursday, February 14, 2008 ocaust. His story of survival and escape from of eight teachers who served 287 students in Ms. MATSUI. Madam Speaker, on February Nazi forced labor camps in Hungary during the grades one through twelve in one school 19, this Nation will recognize the 66th anniver- Second World War is inspirational, but it was building, now known as Central Elementary. sary of the ‘‘Day of Remembrance.’’ This was the memory of those, including his mother,

VerDate Aug 31 2005 06:11 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.022 E14FEPT1 bajohnson on PROD1PC77 with REMARKS February 14, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E197 whom he lost, that motivated him in his ex- endeavors for Bank of America Card Services. Gladys was active in many churches in the traordinary career of public service. Prior to the January 2006 merger with Bank of Pasadena area, including Holy Deliverance TOM LANTOS’ story was also the story of an America, John was the chief operating officer Church and Lincoln Avenue Baptist Church. immigrant. He said he was an American by of MBNA Corporation, which he also helped to She was a proud and devout member of the choice. Coming to the United States through found in 1982. Under John’s direction as head Metropolitan Baptist Church in Altadena, an academic scholarship, he worked hard and of Business Development, MBNA became a where she was an enthusiastic and devoted made the most of the opportunities that only pioneer in issuing so-called ‘‘affinity’’ credit volunteer. Gladys also volunteered extensively America can offer. He earned degrees from cards—cards endorsed by alumni associa- for the National Association for the Advance- the University of Washington and the Univer- tions, interest groups, professional organiza- ment of Colored People, Pasadena Branch, sity of California, Berkeley, and taught eco- tions, clothing manufacturers, sports teams, and assisted with numerous local political nomics for 30 years before running for Con- and others. Cards emblazoned with the logo campaigns. gress in 1980, winning against a Republican of a much-loved alma mater or team proved to Gladys Joy will be greatly missed, and I ex- incumbent in a Republican year. be appealing to many consumers and, as a tend my sincere condolences upon the un- As a Member of Congress, TOM LANTOS result of John’s ingenuity, MBNA enjoyed run- timely and very sad loss of Gladys Joy to the raised the profile of human rights in every cor- away growth. Within 10 years, MBNA had be- extended Kennedy family. ner of the world from China to Tibet and from come one of Delaware’s largest employers, f Sudan to Burma. One of the first things he did and remains so today under the Bank of when he came to Congress was to found the America name. John is also the person behind PAYING TRIBUTE TO GARY Congressional Human Rights Caucus in 1983. Bank of America’s 3 major affinity relation- DOUGLAS MEADE As the only Armenian-American serving in the ships: the National Education Association, House, I’m especially grateful for TOM’s lead- Ducks Unlimited, and the American Auto- HON. RICK BOUCHER ership as chairman of the House Foreign Af- mobile Association, all 3 of which will cele- OF VIRGINIA fairs Committee last year when he worked to brate 27 years of successful marketing agree- IN THE HOUSE OF REPRESENTATIVES secure the passage of legislation recognizing, ments with Bank of America this year. Thursday, February 14, 2008 at long last, the Armenian Genocide of 1915. John was born and raised in Baltimore, His voice in the face of strong opposition from Maryland. He attended Loyola College, where Mr. BOUCHER. Madam Speaker, I rise many fronts helped secure the passage of this he currently sits on the board and has served today to honor Gary Douglas Meade and pay resolution through the committee. as its chairman. Though not a Delaware na- tribute to his 43-year public service career to Although Congressman LANTOS’ expertise tive, John contributes to the State of Delaware the Commonwealth of Virginia. was in world affairs, he took care of his con- in more ways than just furthering private sec- Douglas Meade, the son of a coal miner, stituents in California’s 12th Congressional tor development. John is a member of the grew up on a farm in Wise County, Virginia. District. For 15 years I’ve had the privilege to board of directors of the Delaware Council for He started his public service career in 1964 as serve with him, representing one of the most Economic Education. He is also a member of a social worker in Wise County. In 1970 after remarkable areas of our country. We worked the board of trustees of the Delaware Public receiving a master’s degree in social work together on efforts to preserve our local envi- Policy Institute. from Virginia Commonwealth University, Doug- ronment and improve transportation. I acknowledge Mr. John Cochran for his las worked briefly for the Virginia Department Congressman LANTOS’ efforts are clearly many years of service and numerous contribu- of Social Services in Richmond, Virginia, be- visible throughout his congressional district. tions to Bank of America, the credit card in- fore returning back to his native roots in south- He worked to expand BART service at San dustry, and the State of Delaware. I am con- west Virginia. Francisco International Airport and to create a fident that as he enjoys his retirement with his For the past 36 years, Douglas has been water ferry service from San Mateo County to wife and children, and cheers for his beloved the director of the Washington County, Vir- San Francisco. He led the effort to acquire Baltimore Orioles, he will remain an active and ginia, Department of Social Services. His of- Rancho Corral de Tierra for the Golden Gate influential member of our community. fice administers and provides annually over National Recreation Area, and we worked to- $40 million in services to citizens of Wash- f gether to fund a visitor’s center for the Gulf of ington County. In fiscal year 2007–2008, the the Farallones National Marine Sanctuary at PERSONAL EXPLANATION Washington County Department of Social the Fitzgerald Marine Center. Services will touch the life in some way of More important than the legacy of his work HON. GWEN MOORE over 16,000 county citizens. Over the years, is the legacy of his family, especially the love Douglas has served on numerous State and OF WISCONSIN of his life, his wife Annette; his daughters An- local task forces and committees that focused IN THE HOUSE OF REPRESENTATIVES nette and Katrina; and his 18 grandchildren on improving the quality of life and opportuni- and 2 great-grandchildren. They always rep- Thursday, February 14, 2008 ties for rural Virginians. Currently he is in- resented the greatest achievements of his Ms. MOORE of Wisconsin. Madam Speak- volved in several southwest Virginia regional great life. er, on Wednesday, February 13, I was de- initiatives that are focused on improving the America was blessed by the life of Con- tained and unable to vote on rollcall 46. Had job skills, employment opportunity, health care gressman TOM LANTOS. May he rest in the I been present I would have voted ‘‘no.’’ access, and educational attainment of area peace that he worked so hard to bring to oth- f citizens. ers during his entire life. Through his advocacy and public policy de- f IN MEMORY OF GLADYS JOY velopment work, Douglas has worked exten- KENNEDY IN HONOR OF MR. JOHN R. sively with the Virginia General Assembly and COCHRAN has done some work at the Federal level. He HON. ADAM B. SCHIFF has been recognized as a leader in his field OF CALIFORNIA and has received numerous awards. In 1994, HON. MICHAEL N. CASTLE Douglas received the President’s Award, the OF DELAWARE IN THE HOUSE OF REPRESENTATIVES Distinguished Service Award, and a Certificate IN THE HOUSE OF REPRESENTATIVES Thursday, February 14, 2008 of Appreciation from the Virginia League of Thursday, February 14, 2008 Mr. SCHIFF. Madam Speaker, I rise today Social Service Executives for his work. Mr. CASTLE. Madam Speaker, it is with to honor the late Gladys Joy Kennedy. Ms. Douglas’ rural upbringing has helped form great pleasure that I rise today to reccognize Kennedy was a devoted and active member of his strong work ethic, values and community Mr. John Cochran, Business Development Ex- the Pasadena community. spirit. His warmth and eternal optimism bright- ecutive of Bank of America Card Services. Gladys Joy Kennedy was born on June 1, en the lives of his family and friends. John will retire this year from his position as 1965, the beloved child of Thomas Foster In 2005, Douglas graduated from the nation- a leader in a company with the largest credit Kennedy, now deceased, and Leola Sudduth ally renowned University of Virginia’s card portfolio in North America, having over 40 Kennedy of Pasadena, California. Gladys, a Sorenson Political Leadership Institute. After million customers amounting to $190 billion in twin, was the ninth of ten children. A Pasa- retiring from a 43-year career in social serv- high-interest loans. dena area resident all of her life, she attended ices, Douglas has not ruled out running for a During his time at Bank of America, John Cleveland Elementary School, McKinley Junior political office or continuing, in some way, his was responsible for all business development High School, and Blair High School. commitment to public service.

VerDate Aug 31 2005 06:11 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.026 E14FEPT1 bajohnson on PROD1PC77 with REMARKS E198 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2008 Madam Speaker, I am proud to honor the their waterfronts and revitalize their down- As cities across the country struggle to distinguished career of Douglas Meade and towns, brownfield barriers threaten to derail thrive in a changing global economy, and as the outstanding public service he has given to community efforts to create jobs, promote rec- our domestic manufacturing continues to di- the Commonwealth of Virginia. reational opportunities, restore the ecology, in- minish, it is imperative that Congress do all f crease tourism, and grow their tax base. that it can to help these cities redevelop and Waterfront brownfields present challenges succeed. Industrialization and manufacturing PERSONAL EXPLANATION beyond typical environmental assessment and helped make this country the power that it is cleanup projects. Hydrology, water quality, today, but as manufacturing has moved over- HON. TRENT FRANKS wetlands, endangered species, habitat, seas it has not only taken jobs and changed OF ARIZONA dredged materials, flooding, environmental in- the economic base of many industrial cities, it IN THE HOUSE OF REPRESENTATIVES frastructure, navigation, and other consider- has also left behind decades of contamination. ations must be carefully addressed so as not Thursday, February 14, 2008 This legislation will give these cities the sup- to exacerbate existing site contamination. port they need to redevelop in an environ- Mr. FRANKS of Arizona. Madam Speaker, Typically, waterfront brownfields require the in- mentally safe way, and utilize their waterfront on rollcall No. 45 I was unavoidably detained. volvement of multiple governmental agencies. as an incredible economic asset. Had I been present, I would have voted ‘‘yes.’’ As such, waterfront brownfields require special f f attention and resources to overcome their larger hurdles. EXPRESSING THE CONDOLENCES PERSONAL EXPLANATION In my own district, the city of Rochester, OF THE HOUSE OF REPRESENTA- NY, is currently working to revitalize its beau- TIVES ON THE DEATH OF THE HON. LORETTA SANCHEZ tiful waterfront, while attempting to cope with HONORABLE TOM LANTOS, A OF CALIFORNIA the unique challenges that waterfront REPRESENTATIVE OF THE IN THE HOUSE OF REPRESENTATIVES brownfields present. The city is undertaking a STATE OF CALIFORNIA major community revitalization strategy to re- Thursday, February 14, 2008 develop its port and waterfront area into a SPEECH OF Ms. LORETTA SANCHEZ of California. mixed use development, which will include HON. BRIAN BAIRD Madam Speaker, on Thursday, February 7, housing, commercial, retail, and educational OF WASHINGTON 2008, I was unavoidably detained in my Con- uses, enhanced recreation, new parks and IN THE HOUSE OF REPRESENTATIVES gressional district. I would have voted as fol- open space, and improved public access to lows: Lake Ontario, the Genesee River and the sur- Tuesday, February 12, 2008 Rollcall No. 32: ‘‘yes,’’ on Ordering the Pre- rounding ecosystem. However, because the Mr. BAIRD. Madam Speaker, I wish to vious Question; rollcall No. 33: ‘‘yes,’’ On Port of Rochester was used extensively for in- share the perspectives of former Congress- Agreeing to the Resolution; rollcall No. 34: dustrial purposes from the late 1800s into the man Don Bonker on his distinguished col- ‘‘yes,’’ on Motion to Suspend the Rules and first half of the 20th century, significant envi- league during his service in the House, the Pass H. Con. Res. 283; rollcall No. 35: ‘‘yes,’’ ronmental remediation will be required prior to Honorable TOM LANTOS. on Motion to Suspend the Rules and Pass redevelopment. Tom Lantos was an extraordinary person H.R. 4848; rollcall No. 36: ‘‘yes,’’ on Agreeing Initial investigations have found that more in so many respects. The only member of to the Amendment; rollcall No. 37: ‘‘yes,’’ on than 10 acres of the site contain up to several Congress to survive the Holocaust, his pas- Agreeing to the Amendment; rollcall No. 38: feet of slag from a former iron works. Portions sionate commitment to human rights, a ‘‘yes,’’ on Agreeing to the Amendment; rollcall of the site are impacted from petroleum re- widely respected authority on foreign policy, No. 39: ‘‘no,’’ on Motion to Recommit; rollcall leases and unsuitable fill materials. Old Gen- and one who worked closely with every ad- ministration, regardless of party, and world No. 40: ‘‘yes,’’ on Passage of H.R. 4137; roll- esee River deposits on the site and bank sedi- leaders to insure that democracy, not tyr- call No. 41: ‘‘yes,’’ on Motion to Suspend the ments have been shown to contain high levels anny, reign in our lifetime. Rules and Pass H. Res. 947; rollcall No. 42: of heavy metals cadmium and silver as well as There was also the extraordinary personal ‘‘no,’’ on Agreeing to the Senate Amendment pesticides and furans. The marina must also side of Tom Lantos. His confinement and to H.R. 5140. be dredged. Before the waterfront reuse can courageous escape from a Nazi-operated f proceed, the Port of Rochester must first ad- forced labor camp in Szob, Hungary, led to dress an estimated $500,000 in environmental his befriending the Swedish diplomat Raoul INTRODUCTION OF THE WATER- Wallenberg, who gave him safety in his Bu- assessment issues related to contaminated dapest apartment and eventual freedom and FRONT BROWNFIELDS REVITAL- sediments, beneficial reuse of sediments, IZATION ACT relocation to the United States. groundwater contamination, and waste charac- Mysteriously, Raoul Wallenberg dis- terization related to the construction of the ma- appeared behind the Soviet Union, never to HON. LOUISE McINTOSH SLAUGHTER rina—and an unknown level of remediation. be heard from again. But Tom and his wife, OF NEW YORK Madam Speaker, Rochester is not alone in Annette, never forgot the man who saved their lives, and the 40,000 others whose lives IN THE HOUSE OF REPRESENTATIVES facing these types of complicated and expen- sive challenges to redevelopment. Cities all were spared because Raoul Wallenberg, at Thursday, February 14, 2008 across the country are dealing with similar high personal risk, issued fake passports Ms. SLAUGHTER. Madam Speaker, today I that enabled them to leave the country. roadblocks as they try to engage incorporate I first met Tom Lantos before he came to am proud to introduce the Waterfront waterfront real estate into their redevelopment Congress in 1978. As chairman of the sub- Brownfields Revitalization Act. This bill will au- plans, from Yuma, AZ, and Portland, OR, in committee on human rights, it was sug- thorize a much-needed grant program to as- the west, to Savannah, GA, and Philadelphia, gested I talk to Annette Lantos about the sist communities that are overcoming the PA, in the east, and almost everywhere in be- fate of Raoul Wallenberg. Both Annette and unique challenges of waterfront brownfields tween where lakes and rivers exist. Tom gave eloquent testimony before my sub- and foster innovative approaches to remedi- My bill recognizes that the Federal Govern- committee. Later, Tom Lantos wrote and ation. ment can be an effective partner to commu- passed resolutions and had a statue placed in America’s industrial heritage was estab- nities interested in reconnecting with their wa- the U.S. Capital honoring Raoul Wallenberg. The teenagers from Budapest have spent a lished along the banks of its rivers, lakes, and terfronts. Specifically, this legislation would au- life-time honoring the man who saved their coasts. Our Nation’s vast and interconnected thorize the U.S. Environmental Protection lives. natural water system helped provide the Agency to establish a waterfront brownfields For many years, I traveled with the Lan- power that fueled our rise to international pilot demonstration program to provide local- tos’ all over Europe, including, to Russia, prominence, and allowed us to move our man- ities and other eligible entities with up to Romania and Hungary. They were com- ufactured goods efficiently to all corners of the $500,000 to assess and clean up waterfront mitted first and foremost to the cause of country. However, that legacy also includes brownfields. The bill would also establish an human rights and strengthening democ- racies, especially in the countries of the many decades of environmental contamination interagency taskforce on waterfront former Soviet Union. There was no more elo- on the waterfront. Abandoned factories, dilapi- brownfields restoration to identify barriers and quent voice or effective champion on these dated mills and underutilized ports can be potential solutions to waterfront brownfields re- issues than Tom and Annette Lantos, a true found along the shores of many metropolitan vitalization, and seek methods for Federal legacy that will endure for generations to areas. As localities seek to reconnect with interagency collaboration on such projects. come.

VerDate Aug 31 2005 06:11 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.030 E14FEPT1 bajohnson on PROD1PC77 with REMARKS February 14, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E199 There is another Lantos legacy. As a par- various privacy-related initiatives and address- and in earning the most prestigious award of ent of 2 daughters, he took great pride in ing key privacy principles, nor has it defined Eagle Scout. their 17 incredible grandchildren, all of milestones for integrating the results of these Benjamin has been active with his troop, whom are fulfilling the highest expectations participating in many scout activities. Over the of their grandfather. Every year the Lantos activities.’’ (GAO–07–400T) Over the past 3 Christmas card displayed a growing family of years, repeated breaches of electronic sys- years Benjamin has been involved with scout- beautiful and gifted children who obviously tems containing Americans’ Social Security ing, he has not only earned numerous merit gave them considerable pride and joy. numbers, addresses and other sensitive per- badges, but also the respect of his family, In the Congress, Tom Lantos had no peers. sonal information have reinforced the need for peers, and community. For his Eagle Scout He was respected by leaders of both political strong data safeguards for Americans’ medical Project, Benjamin renovated a room that now parties and the undisputed authority on for- records. According to Privacy Rights Clearing- serves as a Sunday School Classroom at First eign policy. Most newly elected Congressmen house, a non-profit consumer organization, Baptist Church in Kinston, NC. avoid the Foreign Affairs Committee because Madam Speaker, I proudly ask you to join there is little that can help in their constitu- more than 218 million data records of U.S. encies, but for Tom Lantos it was always residents have been exposed due to security me in commending James Benjamin Farmer about foreign relations. Indeed he ranks, breaches since January 2005. for his accomplishments with the Boy Scouts alongside Lee Hamilton, as one of the two I am pleased that Representative RAHM of America and for his efforts put forth in finest chairmen who ever presided over the EMANUEL is joining me in introducing the Tech- achieving the highest distinction of Eagle House Foreign Affairs Committee. nologies for Restoring Users’ Security and Scout. For those who had the privilege of knowing Trust, TRUST, in Health Information Act. The f Tom Lantos, there is even more legacy. His TRUST Health Information Act promotes de- eloquence and charm, personal loyalty to SUNSET MEMORIAL family and friends, his diplomatic grace in velopment of a nationwide interoperable health meeting world leaders, left one with the im- IT infrastructure that improves patient care, re- pression of being near a truly great leader duces costs and protects the privacy and se- HON. TRENT FRANKS and genuine statesman of the world. It was a curity of Americans’ personal medical informa- OF ARIZONA privilege to have known Tom Lantos. tion. The Trust Act contains provisions to en- IN THE HOUSE OF REPRESENTATIVES f courage the development of health IT net- Thursday, February 14, 2008 works through grants and standard-setting INTRODUCING TECHNOLOGIES FOR processes while also ensuring that patients’ Mr. FRANKS. Madam Speaker, I stand once RESTORING USERS’ SECURITY medical records will be protected by strong again before this body with another Sunset AND TRUST (TRUST) IN HEALTH privacy and security safeguards. For example, Memorial. INFORMATION ACT the TRUST Act: It is February 14, 2008, in the land of the Empowers patients to keep their medical free and the home of the brave, and before HON. EDWARD J. MARKEY records out of health IT databases unless they the sun set today in America, almost 4,000 OF MASSACHUSETTS first give their consent; more defenseless unborn children were killed IN THE HOUSE OF REPRESENTATIVES Requires patients to be notified if the sys- by abortion on demand—just today. That is more than the number of innocent American Thursday, February 14, 2008 tems that contain their health information is breached and their information is exposed; lives that we lost on September 11th, only it Mr. MARKEY. Madam Speaker, the devel- Mandates the use of data security safe- happens every day. opment of a nationwide interoperable health guards such as encryption and other tech- It has now been exactly 12,806 days since information infrastructure holds tremendous nologies that render the information the tragic judicial fiat called Roe v. Wade was promise for improving patient care, reducing unreadable to individuals who are not author- handed down. Since then, the very foundation medical errors and lowering costs. Today’s ized to access it; of this Nation has been stained by the blood health care system needs to be transformed to Authorizes grant funding to enable the pur- of almost 50 million of our own children. improve health care quality, safety and afford- chase and enhance the use of qualified health Some of them, Madam Speaker, cried and ability, and interoperable health information IT systems; and screamed as they died, but because it was networks can play an important role in this Establishes a public-private partnership to amniotic fluid passing over their vocal cords transformation. make recommendations concerning health IT instead of air, we couldn’t hear them. And all At the same time, without sufficient privacy standards, criteria for the electronic exchange of them had at least four things in common. and security safeguards, such electronic sys- of personal health information and related pur- They were each just little babies who had tems could turn the dream of integrated, poses to encourage the creation of a nation- done nothing wrong to anyone. Each one of seamless health IT networks into a nightmare wide interoperable health information tech- them died a nameless and lonely death. And for consumers, reducing the likelihood that pa- nology infrastructure. each of their mothers, whether she realizes it tients and providers will embrace and utilize Patient privacy and security protections are immediately or not, will never be the same. such systems. If we fail to require strong pri- enablers of, not impediments to, successful And all the gifts that these children might have vacy and security standards now, during the nationwide interoperable health IT systems. brought to humanity are now lost forever. early stages of development of nationwide Only after patients have confidence in these Yet even in the full glare of such tragedy, interoperable health IT systems, we run the protections will they trust their sensitive med- this generation clings to blindness and invin- risk that Americans’ medical secrets will be ical information to such systems. cible ignorance while history repeats itself and extremely vulnerable to being lost or stolen The Trust Act is supported by Patient Pri- our own silent genocide mercilessly annihi- from these systems, whose weak privacy and vacy Rights, Microsoft Corporation, the Amer- lates the most helpless of all victims to date, security safeguards will be an open invitation ican Psychoanalytic Association, American As- those yet unborn. to identity thieves, fraudsters and others seek- sociation of Practicing Psychiatrists and the Madam Speaker, perhaps it is important for ing unauthorized access. National Association of Social Workers. those of us in this Chamber to remind our- The great Irish poet William Butler Yeats fa- f selves again of why we are really all here. mously wrote that ‘‘In dreams begins responsi- Thomas Jefferson said, ‘‘The care of human bility.’’ The dream of a nationwide, seamless, RECOGNIZING JAMES BENJAMIN life and its happiness and not its destruction is effective health IT infrastructure certainly is FARMER the chief and only object of good govern- enticing. Let us hope that we can realize this ment.’’ dream in the future. Today Congress has a re- HON. WALTER B. JONES Madam Speaker, protecting the lives of our sponsibility to ensure that patients’ personal OF NORTH CAROLINA innocent citizens and their constitutional rights medical secrets are not put at risk in the proc- IN THE HOUSE OF REPRESENTATIVES is why we are all here. It is our sworn oath. ess. The phrase in the 14th amendment capsulizes According to a report released last year by Thursday, February 14, 2008 our entire Constitution. It says: ‘‘No state shall the Government Accountability Office, GAO, Mr. JONES of North Carolina. Madam deprive any person of life, liberty or property the Department of Health and Human Serv- Speaker, I proudly pause to recognize James without due process of law.’’ ices, HHS, has taken some steps to identify Benjamin Farmer, a very special young man The bedrock foundation of this Republic is solutions for protecting patient privacy in who has exemplified the finest qualities of citi- the declaration, not the casual notion, but the health IT systems, but HHS has ‘‘not yet de- zenship and leadership by taking an active declaration of the self-evident truth that all fined an overall approach for integrating its part in the Boy Scouts of America, Troop 6, human beings are created equal and endowed

VerDate Aug 31 2005 06:11 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.035 E14FEPT1 bajohnson on PROD1PC77 with REMARKS E200 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2008 by their creator with the unalienable rights of all of our colleagues in the Congress can be REMEMBERING RAFIQ HARIRI AND life, liberty and the pursuit of happiness. Every aware of the assurances which the Committee THE IMPORTANCE OF LEBANON conflict and battle our Nation has ever faced has received. can be traced to our commitment to this core THE SECRETARY OF STATE, HON. GARY L. ACKERMAN self-evident truth. It has made us the beacon Washington, DC, February 6, 2008. OF NEW YORK of hope for the entire world. It is who we are. DEAR MR. CHAIRMAN: I am writing to you IN THE HOUSE OF REPRESENTATIVES And yet Madam Speaker, another day has regarding the proposed sale of Joint Direct Thursday, February 14, 2008 passed, and we in this body have failed again Attack Munitions (JDAMs) to Saudi Arabia to honor that commitment. We failed our under the rubric of the Gulf Security Dia- Mr. ACKERMAN. Madam Speaker, I rise logue. Over the last year, we have consulted sworn oath and our God-given responsibility today in a mixture of sadness and outrage to closely with Congress and our partners in commemorate the third anniversary of Rafiq as we broke faith with nearly 4,000 more inno- the region on the proposed sale. This sale is cent American babies who died without the important to U.S. national interests in the Hariri’s assassination. Sadness because the protection we should have been giving them. Gulf region. It will strengthen our relation- former Prime Minister, a man of vision and But perhaps tonight, Madam Speaker, ship with Saudi Arabia and will enhance re- courage, was cut down in his prime as he maybe someone new who heard this sunset gional security and stability. stood up for the idea of a Lebanon as a nation memorial will finally realize that abortion really The United States has offered for sale a free from external control, a sovereign, united does kill a baby, that it hurts mothers in ways number of military goods to friendly govern- and independent Lebanon that would regain that we can never express, and that 12,806 ments in the region to support U.S. inter- its rightful place among the nations of the Mid- ests. In preparing these sales, we have days spent killing nearly 50 million unborn chil- dle East. worked closely with our friends in the region Three years ago a massive car bomb de- dren in America is enough; and that this Na- to ensure the proposed transfers strengthen tion is great enough to find a better way than stability and security regarding potential prived the Hariri family of a husband and fa- abortion on demand. challenges from Iran or other threats in the ther and deprived the Lebanese people of a So tonight, Madam Speaker, may we each region. We have consulted closely about this leader. It would prove to be the first in a remind ourselves that our own days in this sale with Israel and remain committed to dozen political assassinations that have sunshine of life are numbered and that all too the preservation of Israel’s qualitative mili- plagued that nation for the last three years or- soon each of us will walk from these Cham- tary edge. I can assure you that the sale of chestrated by the enemies of a free and JDAMs to Saudi Arabia will not affect bers for the very last time. democratic Lebanon. Israel’s qualitative military edge. The Gov- And it is this fact, Madam Speaker that fills And if it should be that this Congress is al- ernment of Israel understands the reasons lowed to convene on yet another day to come, for this sale and does not object to it. me with outrage and should fill all our col- may that be the day when we hear the cries We are mindful of the sensitivity of some leagues with outrage as well. Lebanon’s future of the unborn at last. May that be the day we of the technology being transferred, and will continues to be strangled by Iran and Syria find the humanity, the courage, and the will to continue to keep Congress informed on the whose agents Hezbollah, Amal and Michel embrace together our human and our constitu- details of this sale, particularly of any Aoun, try to take through violence and intimi- tional duty to protect the least of these, our changes in the arrangements we have briefed dation what they cannot achieve at the ballot tiny American brothers and sisters, from this the committee. We have had, and will con- box. The slow strangulation of the state has tinue to have, thorough discussions with the murderous scourge upon our Nation called left Lebanon without a President for almost 3 Government of Saudi Arabia regarding its months, paralyzing the nation and raising the abortion on demand. obligations resulting from this sale. As a re- It is February 14, 2008—12,806 days since sult of these discussions, we are confident specter of renewed civil war. Roe v. Wade first stained the foundation of that the Government of Saudi Arabia will On the third anniversary of former Prime this Nation with the blood of its own children— undertake all necessary measures to secure Minister Hariri’s murder, the international com- this, in the land of free and the home of the these weapons and to assure their use only in munity must renew its commitment to the peo- brave. ways which we support. In particular, the ple of Lebanon and again speak out against Government of Saudi Arabia will provide f the campaign of naked aggression that has adequate security for the JDAMs such that left the March 14 movement only two parlia- ARMS SALES TO SAUDI ARABIA these weapons will not fall into the hands of mentarians away from losing their hard won other nations or groups. Moreover, the Gov- majority. We must renew our demand that Da- ernment of Saudi Arabia will ensure that HON. HOWARD L. BERMAN these weapons will not be used against U.S. mascus and Tehran lift their boots off Leb- OF CALIFORNIA forces or the forces of U.S. allies. anon’s neck. And we must ensure that justice IN THE HOUSE OF REPRESENTATIVES I hope this resolves any concerns that is done in the case of Rafiq Hariri and all the might exist about this sale. We would be other victims of the 3 year campaign to deny Thursday, February 14, 2008 happy to discuss further with you, if you de- Lebanon its rightful place among free and Mr. BERMAN. Madam Speaker, as part of sire. We look forward to working with you to independent nations. Toward that end, the the Gulf Security Dialogue between the Gulf secure the advancement of U.S. interests in United States and the rest of the international States and the United States, the President the Gulf region. community must make it crystal clear to Syria Sincerely, has proposed the commercial sale of a num- that the Special Tribunal established by the CONDOLEEZZA RICE. ber of significant U.S-produced weapon sys- United Nations Security Council to investigate tems that the President believes will contribute the terrorist attack on February 14, 2005, is f to U.S. national security in the Gulf Region. not a bargaining chip to be traded away. The There has been a good deal of controversy PERSONAL EXPLANATION interests of justice in this case far outweigh surrounding these proposed arms sales in- any concession that the government of Syria cluded in the Gulf Security Dialogue, and, in ´ might hope to offer. The guilty must be held particular, the sale of Joint Direct Attack Muni- HON. RUBEN HINOJOSA accountable for their crimes. tions (JDAMs) to Saudi Arabia. OF TEXAS The international community has spoken fre- The Foreign Affairs Committee has taken IN THE HOUSE OF REPRESENTATIVES quently and eloquently through United Nations the reported concerns seriously. The Com- Thursday, February 14, 2008 Security Council resolutions in support of the mittee has held four highly classified briefings sovereignty, territorial integrity, unity and polit- on the Gulf Security Dialogue. As part of this Mr. HINOJOSA. Madam Speaker, I rise to ical independence of Lebanon under the sole ongoing dialogue, Chairman Lantos asked the inform you that I was unavoidably detained in and exclusive authority of the Government of Secretary of State to provide to the Com- my district over the past few days to come to Lebanon, and has demanded the disarmament mittee, in writing, additional assurances that the floor of the House of Representatives to of all armed groups in Lebanon. These goals can be released publicly that this sale will not cast my vote on certain rollcall votes. and this unity of purpose must not be aban- threaten our interests or those of our friends in Had I been present, I would have voted the doned or allowed to wither either from self-in- the region. Chairman Lantos received a letter following way: terest or distraction. The enemies of Lebanon with these assurances from the Secretary of I would have voted ‘‘aye’’ for rollcall Nos. 43 believe they have time on their side—that they State. through 45, rollcall Nos. 48 through 51, and merely need to wait us out and Lebanon will Madam Speaker, as the Acting Chairman of rollcall Nos. 53 through 57. once again be theirs to control. the Foreign Affairs Committee, I ask that this I would have voted ‘‘nay’’ for rollcall Nos. The conflict in Lebanon is not a sideshow in letter be printed in full in the RECORD so that 46, 47, 52. the Middle East, it is the main event. Lebanon

VerDate Aug 31 2005 06:11 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.038 E14FEPT1 bajohnson on PROD1PC77 with REMARKS February 14, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E201 is where Tehran intends to fulfill its aspirations this institution. Rob has worked for several the deaths it causes through education and to regional hegemony and Shiite dominance. Members of Congress over his 25-year Capitol lifestyle changes. Adults should learn the There is too much at stake for Lebanon and Hill career, but the reality is that he has truly signs of heart attack and stroke, because for the entire region for the world to leave the served both this institution and the ideals that quick recognition will increase the chance of Lebanese to the mercies of the radical make it what it is. survival. And we should all make a point to mullahs in Tehran, the thugs in Damascus and As a former Congressional staffer, I recog- live healthier. Eating better, exercising more, their terrorist allies, Hezbollah. nize the value of our staff. We would not be and refraining from smoking are common I urge all my colleagues to not only remem- who we are and our country would not be sense lifestyle choices that could save our ber Rafiq Hariri and his sacrifice but to speak where it is without, in part, our dedicated, lives. I know how hard it is to make time to eat out in support of the legitimate democratic as- smart and hardworking staff. Throughout his right and get to the gym—but it is worth it. As pirations of the people of Lebanon. They want career in the House, Rob has served both the we celebrate Valentine’s Day and affairs of the only what we enjoy every day—a free, sov- individual Members of Congress he worked for heart, let us commit ourselves to making that ereign and democratic state, the servant only and all the Members of Congress of this insti- effort for improved heart health. of its own people and the master of its own tution. f destiny. It’s worth fighting for. Rob is a strategist. He’s a master of the EXPRESSING THE CONDOLENCES f procedures that make the House run. He knows what makes the Democratic Caucus OF THE HOUSE OF REPRESENTA- HONORING THE HIROSHIMA- tick. He knows how the various groups that TIVES ON THE DEATH OF THE NAGASAKI A-BOMB EXHIBITION make up our Caucus think. He did more than HONORABLE TOM LANTOS, A make the trains run on time or make sure that REPRESENTATIVE OF THE HON. TAMMY BALDWIN we, as Members of Congress, had an outlet STATE OF CALIFORNIA OF WISCONSIN for our various requests. He gave us his un- SPEECH OF IN THE HOUSE OF REPRESENTATIVES varnished opinion, in his calm, easy-going, unflappable way, and at times, he was on the Thursday, February 14, 2008 HON. LYNN C. WOOLSEY receiving end of some very ‘‘spirited’’ rants OF CALIFORNIA Ms. BALDWIN. Madam Speaker, I rise and complaints from Members of Congress IN THE HOUSE OF REPRESENTATIVES today to recognize the Hiroshima-Nagasaki A- and their staff. But he always behaved profes- Tuesday, February 12, 2008 bomb Exhibition at the Wisconsin Capitol ro- sionally and always worked for what he tunda. Because of the dedicated efforts of a thought was right. Ms. WOOLSEY. Madam Speaker, for al- coalition of Madison organizations, the Hiro- Rob’s knowledge and experience will not be most three decades TOM LANTOS was been a shima-Nagasaki A-bomb Exhibition Com- easily filled. But more importantly, there will passionate voice in the U.S. Congress, and a mittee, and the Hiroshima Peace Culture not be another Rob Cogorno in this institution. tireless advocate for human rights around the Foundation, this exhibition has made an in- Yes, there will be other staffers who will fill his world. Chairman LANTOS’ commitment to credibly important contribution toward edu- role, but Rob cannot be replaced. human rights was forged by his own life’s ex- cating Wisconsinites and our country about The House is losing one of its own—some- perience, by the violence and tragedy that he the devastation in Hiroshima and Nagasaki one who loves and respects this institution; saw as a young man in Hungary. His commit- caused by nuclear weapons. someone who not only believes in the ideals ment to issues such as ending the genocide in I am heartened by the mission of these or- that make up the Democratic party but also Darfur will be remembered by all those who ganizations to spread peace and international believes in fairness for all who make up this have served with him throughout his long ca- understanding and grateful to the citizens of body; and someone who has worked every reer in public service. Madison who helped bring this vital message single day to make our country and this world The Bay Area, and the Foreign Affairs Com- to our Capitol. I further commend the Exhibi- a better place. mittee, will sincerely miss his passion and tion’s goal to raise awareness about abol- Rob—you will be missed, but you won’t be dedication, and his unrelenting commitment to ishing nuclear weapons. This is an issue that forgotten. I appreciate what you’ve done for not only helping those in need, but making demands our close attention. this institution and for the Nation, and I thank sure that respect for human rights is at the I want to take this opportunity to reaffirm my you for your hard work and dedication. Good forefront of our Nation’s foreign policy. My support for nonproliferation strategies de- luck in the next phase of your professional life. heart goes out to Annette, his partner for al- signed to eliminate weapons of mass destruc- f most 60 years, as well as his two daughters, tion from U.S. and worldwide arsenals. I his grandchildren, and his great-grandchildren. SUPPORTING THE GOALS AND strongly support the Treaty on the Non- f proliferation of Nuclear Weapons (NPT), which IDEALS OF AMERICAN HEART sets forth objectives to prevent the spread of MONTH AND NATIONAL WEAR HONORING THE 20TH ANNIVER- nuclear weapons and weapons technology RED DAY SARY OF THE NAGORNO and further the goal of achieving nuclear disar- KARABAKH FREEDOM MOVE- SPEECH OF mament. I also believe we need to terminate MENT efforts to enhance U.S. military capabilities of HON. MAZIE K. HIRONO the U.S. nuclear arsenal. OF HAWAII HON. MICHAEL R. McNULTY My thanks go out to the citizens and organi- IN THE HOUSE OF REPRESENTATIVES OF NEW YORK zations of Wisconsin who have dared to imag- Wednesday, February 13, 2008 IN THE HOUSE OF REPRESENTATIVES ine peace and help make it a reality. Thursday, February 14, 2008 f Ms. HIRONO. Mr. Speaker, I rise today in support of H. Res. 972, Supporting the Goals Mr. MCNULTY. Madam Speaker, I join today CONGRATULATING ROB COGORNO and Ideals of American Heart Month and Na- with many of my colleagues in extending my ON HIS SERVICE TO THE HOUSE tional Wear Red Day. February is American congratulations to the people of Nagorno OF REPRESENTATIVES Heart month, and today, I join women across Karabakh on the anniversary of the Nagorno the country by wearing red to increase the Karabakh Freedom Movement. HON. JAMES P. McGOVERN awareness of heart disease as the leading kill- On February 20, 1988, the people of OF MASSACHUSETTS er among women and men. Nagorno Karabakh officially petitioned the So- IN THE HOUSE OF REPRESENTATIVES Minorities are disproportionately affected by viet government to reunite with Armenia and cardiac disease. In a diverse State like Hawaii, reverse the injustice perpetrated by the Soviet Thursday, February 14, 2008 this is an especially important issue. As a dictator, Joseph Stalin. Mr. MCGOVERN. Madam Speaker, I rise Congresswoman, I support funding for medical This peaceful and legal request was met today to pay tribute to Rob Cogorno, who will research and improved treatment. And I will with violent reaction by the Soviet and Azer- soon be leaving his Congressional career here continue to advocate for affordable, accessible baijani leadership and escalated into full mili- in the House of Representatives for new op- health care for all. tary aggression against Nagorno Karabakh. portunities off of Capitol Hill. However, fighting heart disease is not only The people of Nagorno Karabakh bravely de- Rob’s formal title is Floor Director for the a public policy issue. Americans can help pre- fended their right to live in freedom on their Majority Leader, but he is truly a servant of vent and reduce heart disease and decrease ancestral land.

VerDate Aug 31 2005 06:11 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.042 E14FEPT1 bajohnson on PROD1PC77 with REMARKS E202 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2008 Today, Nagorno Karabakh continues to I also want to recognize the outstanding job PERSONAL EXPLANATION strengthen its statehood with a democratically that NAACP Chairman Julian Bond has done elected government, a capable defense force, in leading the organization. HON. ROBIN HAYES and an independent foreign policy. Almost a century ago, the National Associa- OF NORTH CAROLINA I stand with the people of Nagorno tion for the Advancement of Colored People IN THE HOUSE OF REPRESENTATIVES Karabakh in celebrating their continuing free- was founded in New York City during this dom and democracy. month of February that we now recognize as Thursday, February 14, 2008 f Black History Month. Mr. HAYES. Madam Speaker, on February 13, 2008, I was unable to participate in the fol- EXPRESSING THE CONDOLENCES As a child of the civil rights movement, I wit- lowing votes. If I had been present, I would OF THE HOUSE OF REPRESENTA- nessed first hand the leadership of the have voted as follows; TIVES ON THE DEATH OF THE NAACP in fighting for human rights. Rollcall vote 43, I would have voted ‘‘yea.’’ HONORABLE TOM LANTOS, A I remember vividly, the role the NAACP Rollcall vote 44, I would have voted ‘‘yea.’’ REPRESENTATIVE OF THE played in shattering segregation in my birth- Rollcall vote 45, I would have voted ‘‘yea.’’ STATE OF CALIFORNIA place of El Paso, Texas. We all know their great contributions: f SPEECH OF From the victory in Brown vs. Board of Edu- PERSONAL EXPLANATION HON. NICK J. RAHALL II cation, to the non-violent sit ins at segregated lunch counters, to passage of the Voting OF WEST VIRGINIA HON. SANFORD D. BISHOP, JR. IN THE HOUSE OF REPRESENTATIVES Rights Act, the NAACP has played a central role in every great civil rights battle of the last OF GEORGIA Tuesday, February 12, 2008 century. IN THE HOUSE OF REPRESENTATIVES Mr. RAHALL. Madam Speaker, I rise today Today, the Nation’s oldest and largest civil Thursday, February 14, 2008 to offer my deepest condolences on the pass- rights organization continues to be a powerful Mr. Bishop of Georgia. Madam Speaker, I ing of Congressman TOM LANTOS, Chairman voice in the ongoing struggle against injustice, regret that I was unavoidably absent yesterday of the House Foreign Affairs Committee and oppression, and war. afternoon, February 13, on very urgent busi- my respected colleague from California. The NAACP has been a dedicated and con- ness. Had I been present for the five votes As news spread on Monday of Chairman stant partner as I have worked with my col- which occurred yesterday, I would have voted LANTOS’ passing at age 80 due to complica- leagues to end the war in Iraq, stop the geno- ‘‘aye’’ on H. Res. 976, rollcall vote No. 48; I tions from cancer, a great sadness resonated cide in Darfur, and eradicate the global HIV/ would have voted ‘‘aye’’ on H. Res. 976, roll- throughout the House of Representatives and AIDS pandemic. call vote No. 49; I would have voted ‘‘aye’’ on all of Washington. This House, the Nation, and They opposed the Iraq war from the begin- H. Res. 976, rollcall vote No. 50; I would have especially the people of California have lost a ning and support our efforts to end the occu- voted ‘‘aye’’ on H. Res. 976, rollcall vote No. great champion for human rights, a very per- pation and bring the troops home. 51; and I would have voted ‘‘no’’ on Motion to sonal cause of Representative LANTOS. He They led the charge in support of my bill au- Adjourn, rollcall vote No. 52. was the only Holocaust survivor to ever be thorizing divestment from Sudan and they elected to Congress and his own experiences f worked with faith, activist and student groups enlightened his service and enriched his serv- to ensure that it got signed into law at the end COMMEMORATING THE OPENING ice in this body. of last year. OF THE DENTON COUNTY AFRI- Throughout his 14 terms in the House of CAN AMERICAN MUSEUM Representatives, Representative LANTOS con- And on HIV/AIDS, they have consistently ducted himself with dignity, grace, and a pas- been on the frontlines advocating for in- sion for human rights. As co-chairman and creased funding to help end the devastation HON. MICHAEL C. BURGESS founder of the Congressional Human Rights this disease has caused in the African Amer- OF TEXAS Caucus, a group that highlights human rights ican community. IN THE HOUSE OF REPRESENTATIVES violations worldwide, he was able to provide a In short, the NAACP continues to dem- Thursday, February 14, 2008 platform and a voice for persecuted peoples onstrate their commitment to stand on the bat- tlefield and lead the charge for what is right. Mr. BURGESS. Madam Speaker, I rise around the globe. today to commemorate the opening of the My thoughts and prayers go out to Rep- They deserve this honor and our praise and they deserve our thanks. Denton County African American Museum. resentative LANTOS’ wife Annette, their two This museum is being dedicated on Saturday, Mr. Speaker, I urge my colleagues to sup- daughters, their 18 grandchildren, and two February 16, 2008, and will reflect the resil- port this resolution. great-grandchildren in their time of mourning. ience and determination of the African Amer- It was an honor and a privilege to serve with ican citizens of Denton County. f TOM LANTOS these last 28 years in the House The museum is located in an original of Representatives. I know that he will be re- HONORING STEVEN J. BREEZE Quakertown house that was restored under membered in the hearts of his family and the guidance of the Historical Park Foundation friends for all the love and support he has of Denton County. With its dedication, the given to them and so many others throughout HON. JOHN SHIMKUS Denton County African American Museum the years. OF ILLINOIS joins the Courthouse-on-the-Square Museum f IN THE HOUSE OF REPRESENTATIVES and the Bayless-Selby House Museum as part HONORING AND PRAISING THE Thursday, February 14, 2008 of the Denton County Museums. NAACP ON ITS 99TH ANNIVERSARY The Museum’s historical exhibits will feature Mr. SHIMKUS. Madam Speaker, I rise today African American families of Denton County as SPEECH OF to honor Centralia, Illinois native Steven J. well as the Quakertown experience. It will also HON. BARBARA LEE Breeze on being awarded the United States house the collection of artifacts from Dr. Edwin Air Force Distinguished Flying Cross and upon D. Moten, Denton’s first African American doc- OF CALIFORNIA his promotion to Lieutenant Colonel. tor. The collection includes more than 600 let- IN THE HOUSE OF REPRESENTATIVES Lt. Col. Breeze was awarded the Distin- ters written by Dr. Moten to family, friends, Wednesday, February 13, 2008 guished Flying Cross for his role in a March and professional colleagues as well as photo- Ms. LEE. Mr. Speaker, as an original co- 22, 2003 mission during Operation Iraqi Free- graphs, postcards, medical records, medicine sponsor, I rise in strong support of H. Con. dom. His low level flight lasted 3 hours, cov- cases, his medical shingle from in front of his Res. 289, which honors the NAACP on its ering 590 miles. His skills saved 58 lives and office, prescription pads and narcotics register 99th anniversary. delivered an assault force on time to their des- from Denton County. I want to thank Congressman AL GREEN, tination. As someone who practiced medicine in the who served as president of the Houston I am proud to recognize Lt. Col. Breeze for Denton area for nearly 30 years, I am fas- Branch of the NAACP for over 10 years, for his service to the United States of America. I cinated by the pieces in Dr. Moten’s collection once again introducing this important resolu- join a grateful Nation in thanking him for his from both a medical and a historical perspec- tion. service and congratulating him on this award. tive. My own grandfather, Dr. Harry Clifton

VerDate Aug 31 2005 06:11 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.047 E14FEPT1 bajohnson on PROD1PC77 with REMARKS February 14, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E203 Burgess, was a contemporary of Dr. Moten. Development Department. Her most notable mer, a dedicated leader and advocate on be- While it is interesting to think about how these achievement is helping with the software de- half of the Los Angeles business community men practiced before the advent of anesthesia velopment of the Global Positioning System, a and a dear friend, who passed away recently and antibiotics, it is also inspiring to think of technology that has revolutionized the way we after a long battle with cancer. the courage that someone like Dr. Moten view and navigate our world and beyond. I had the privilege of working with Rusty would have had to practice in such inhos- Sarah retired in her hometown of Charleston, during his 5 years as President and Chief Ex- pitable conditions both personally and profes- WV with her husband and family. ecutive Officer of the Los Angeles Chamber of sionally. His perseverance during these harsh Finally, I would like to honor Jennifer Bailey, Commerce. conditions is remarkable. the recipient of the YWCA Women of Achieve- At the chamber’s helm, Rusty dedicated Madam Speaker, today I commend people ment Empowerment Award. Jennifer stands as himself to improving the quality of life and eco- like Dr. Edwin Moten for their inspiration and a success story among the mission of the nomic prosperity of the Los Angeles Cham- proudly rise to recognize the culturally rich ad- YWCA and is an inspiration to women in all ber’s 1,500 members and their more than dition of this important museum to Denton and walks of life for her ability to persevere and 600,000 employees throughout the Los Ange- the entire north Texas area. I also call on overcome numerous obstacles. The YWCA les region. north Texans and all Americans to reflect and was there for Jennifer every step of the way Under Rusty’s dedicated leadership, the Los recall the courage, perseverance, and spirit of in helping her overcome numerous personal Angeles Chamber successfully built partner- those honored in the new Denton County Afri- obstacles. Jennifer now enjoys spending time ships between business, community, labor and can American Museum. It is an honor to rep- with her son, working in retail, and maintaining civic organizations. Today, these partnerships resent the 26th Congressional District of a 4.0 G.P.A. in her classes. have reestablished the Chamber as the Los Texas and to commemorate this historical oc- Again, I congratulate Helen Lodge, Dr. Angeles region’s premier business advocacy casion. Jorea Marple, Sarah Stebbins, and Jennifer organization. Bailey, who will be honored February 21, Rusty’s talents, innovative strategic thinking f 2008. It is an honor to represent such distin- and willingness to work with stakeholders on HONORING HELEN LODGE, DR. guished and inspiring women in West Vir- all sides of the political spectrum played an in- JOREA MARPLE, SARAH ginia’s Second Congressional District. tegral role in the Los Angeles area’s economic STEBBINS, AND JENNIFER BAI- f growth. I observed this first hand during the LEY chamber’s annual trips to Washington, DC, HONORING ST. LOUIS PARK FOR which became immensely productive and influ- AWARD WINNING YOUTH PRO- ential under Rusty’s leadership. HON. SHELLEY MOORE CAPITO GRAMS While we all deeply miss Rusty, I know his OF WEST VIRGINIA work and many contributions will continue to IN THE HOUSE OF REPRESENTATIVES HON. KEITH ELLISON benefit the Los Angeles business community Thursday, February 14, 2008 OF MINNESOTA for many years to come. My thoughts and Mrs. CAPITO. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES prayers are with Rusty’s special wife, Pam, to honor four outstanding women in my district Thursday, February 14, 2008 and their family during this difficult time. Madam Speaker, in honor of Rusty’s life, I who are being honored for their commitment Mr. ELLISON. Madam Speaker, I rise today to their communities and for serving as role would like to submit for the RECORD his obit- honor the great city of St. Louis Park, Min- uary that appeared in the Los Angeles Times models to countless young women, empow- nesota for winning the America’s Promise Alli- on January 30. It provides more insight into ering them to succeed. The Young Women’s ance’s 100 Best Communities for Young Peo- Rusty’s full and accomplished life. Christian Association of Charleston, WV ple competition for the third year in a row. St. named Helen Lodge, Dr. Jorea Marple, Sarah Louis Park is one of the cities in the Fifth Con- RUSSELL HAMMER, 54; HEAD OF L.A. BUSINESS Stebbins, and Jennifer Bailey as the 2008 gressional District of Minnesota. GROUP Women of Achievement Honorees. St. Louis Park is an amazing community for (By Elaine Woo) Helen has spent her career as a dynamic young people because residents engage youth Russell J. ‘‘Rusty’’ Hammer, former presi- leader and advocate for health and nutrition in with meaningful artistic, cultural and civic op- dent and chief executive of the Los Angeles West Virginia. Early in her career, she was in- portunities. One such opportunity is the Area Chamber of Commerce, died Monday at a hospice in San Jose. He was 54. tegral in the West Virginia State Legislature Friends of the Arts program, which pairs youth The cause was leukemia, according to a passing legislation to require early detection with donated musical instruments and offers chamber spokeswoman. testing for newborns for phenylketonuria, PKU, creative writing classes for teens. A local Hammer was credited with revitalizing the a simple test that can prevent mental defi- church, the Lutheran Church of the Reforma- Los Angeles business group, which he led for ciency in newborns. She has received numer- tion, offers young artists the ability to improve five years until 2006, when he stepped down ous recognitions throughout her career and their artistic skills and a platform to perform or because of his illness. During his tenure, display their work. chamber membership grew from 1,200 to 1,600 currently chairs the West Virginia Board of Li- companies, and new initiatives helped to censed Dieticians. As active leader in her Residents of St. Louis Park’s Lake Forest refocus the organization on local, state and Charleston community, Helen assists with the Neighborhood organize a program called ‘‘Arts national policy issues. fundraising efforts of the West Virginia Sym- Crawl’’ which sponsors family art programs ‘‘He had a substantial impact on the cham- phony League and Youth Symphony and the and raises scholarship funds for youth. Addi- ber and also on the people he worked with,’’ American Heart Association. tionally, the city government makes an effort said George Kieffer, a Los Angeles attorney Dr. Jorea Marple represents one of the most to invite young people to community events who was chairman of the chamber during the noble professions, educating our young peo- and meetings. first few years of Hammer’s presidency. ‘‘The chamber has an extraordinary legacy but ple. Her 30-year career includes stints as a The City of St. Louis Park and its residents are committed to a brighter future for their city, . . . had become less active in the business teacher, reading specialist, graduate and un- community and the greater civic commu- dergraduate instructor, and a former super- their state and their country. I applaud Mayor nity. Rusty played a very big part in turning intendent of Kanawha County schools. Her Jeff Jacobs, the residents of St. Louis Park that around.’’ most noteworthy achievement is authoring the and especially the young people for their hard Born on May 12, 1953, in Orleans, France, book, An Insider’s Guide to Making School work and dedication to improving their com- Hammer grew up in San Jose. He received a Systems Work. Dr. Marple currently serves as munities. bachelor’s degree in political science at the University of Santa Clara in 1975 and a mas- f Assistant State Superintendent of the West ter’s in public administration from San Jose Virginia Department of Education overseeing A TRIBUTE TO THE LATE State University in 1979. curriculum and instruction. RUSSELL HAMMER He entered politics at an early age, orga- Sarah Stebbins is a pioneer among women nizing high school students for Sen. Robert in the development of information technology F. Kennedy’s presidential campaign in 1968. in the aeronautics and astronautics industries. HON. LUCILLE ROYBAL-ALLARD Hammer ran for office himself in 1972, be- OF CALIFORNIA A graduate of WVU, she began her career in coming at 18 the youngest person elected to IN THE HOUSE OF REPRESENTATIVES the Campbell, Calif., City Council. At 21, he the development of early computers and later Thursday, February 14, 2008 became mayor and made headlines as the na- worked as an aerospace research analyst for tion’s youngest mayor. the Air Force and as a project leader in the Ms. ROYBAL-ALLARD. Madam Speaker, I After two terms as mayor, he entered busi- Naval Research Lab in the Space Systems rise today to recognize the late Rusty Ham- ness and served in a variety of management

VerDate Aug 31 2005 06:11 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\K14FE8.010 E14FEPT1 bajohnson on PROD1PC77 with REMARKS E204 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2008 positions, later rising to president of The legislation would address the glaring in Denton County for almost 30 years, I’m Quadrex Corp., an engineering firm. national need identified by the U.S. acutely aware of the needs of the mothers and In 1994 he was recruited to become chief ex- Commision on Ocean Policy to develop and young children and I especially thank Christian ecutive of the Sacramento Metropolitan Community Action for their mission in meeting Chamber of Commerce. Over the next seven advance new innovations in oceanographic re- years he raised the profile of the Sacramento search, communication and navigation tech- these health needs. chamber, leading it to take a prominent role nologies to support ocean exploration and It was also through my work with Christian in local issues, such as the effort to save science, and expand extramural ocean re- Community Action that the idea for a program McClellan Air Force Base, and starting a search. within the Consumer Product Safety Commis- public policy seminar that attracted world Additionally, this legislation would empha- sion to increase awareness for second-hand figures, including Henry Kissinger and Mar- size the importance of outreach and public retailers regarding recalled products was initi- garet Thatcher. education to ensure that future scientific dis- ated. This project was successfully adopted in When he arrived in Los Angeles in 2001, coveries and benefits are disseminated to de- the Consumer Product Safety Modernization Hammer worked in a similar fashion, finding Act, and I commend CCA for their dedication ways to make the Los Angeles chamber more cision-makers in both the public and private sectors and conveyed to the general public. to improving awareness about dangerous re- relevant to members. He reached out to called products for similar organizations all other local business groups, small companies This will increase both public awareness and and entrepreneurs and organized events that appreciation of how the world’s oceans affect across the United States. With more than 2,500 volunteers, CCA offered a regional perspective, such as a 2002 our economic and environmental well-being. touches the lives of approximately 12,000 peo- conference on transportation that drew 500 Again, I commend my colleagues on the ple every year. However, they are far more participants from business and government. Committee on Science and Tecnology for their than a charity group. To the 1,500 patients In 2003 he was diagnosed with a rare form cooperation. The support of the Chairman of of leukemia and spent 303 days in a hospital treated in the health center each year; to the the Natural Resources Committee, Chairman undergoing intensive treatment. While bat- parents of the children provided with lunches, ICK RAHALL, and the ranking Republican tling his illness, he helped organize a Silicon N school supplies, Christmas presents, and Valley branch of the Wellness Community, a member, Congressman DON YOUNG, was also clothes; to the 1,660 people who have been support group for cancer patients. indispensible. Finally, I also acknowledge the given educational and vocational training; to He also wrote a book, ‘‘When Cancer Calls leadership of Congressman JIM SAXTON, the . . . Say Yes to Life,’’ which he published on these people, Christian Community Action of- sponsor of the bill. I encourage members to fers hope. The building blocks provided by the his own last year. The book discusses how vote for this non-controversial legislation. his battle against cancer forced major ad- CCA create a foundation for those in our com- justments in his life and changed his values. f munity to create better lives for themselves. He told the San Jose Mercury News last CELEBRATING THE 35TH ANNIVER- Madam Speaker, it is with great honor that year that he was inspired to write the book SARY OF CHRISTIAN COMMUNITY I stand here today to honor Christian Commu- by his children, twins Gerald and Jennifer, nity Action on their anniversary. Thirty-five ACTION AND THEIR CONTRIBU- who told him he could not die until he had years of service is a milestone to be cele- TIONS TO THE NORTH TEXAS taught them everything he could about how brated. to approach life. He is also survived by his COMMUNITY wife, Pamela. f f HON. MICHAEL C. BURGESS TRIBUTE TO REVEREND DR. JERE- MIAH A. WRIGHT, JR., SENIOR NATIONAL OCEAN EXPLORATION OF TEXAS IN THE HOUSE OF REPRESENTATIVES PASTOR OF THE TRINITY PROGRAM UNITED CHURCH OF CHRIST Thursday, February 14, 2008 (TUCC) OF CHICAGO, ILLINOIS SPEECH OF Mr. BURGESS. Madam Speaker, I rise HON. MADELEINE Z. BORDALLO today to congratulate Christian Community Ac- HON. BOBBY L. RUSH OF GUAM tion for celebrating its 35th anniversary. Chris- OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES tian Community Action, an organization de- IN THE HOUSE OF REPRESENTATIVES voted to helping those in need, has made a Wednesday, February 13, 2008 Thursday, February 14, 2008 tremendous impact on area citizens during its Ms. BORDALLO. Madam Speaker, I rise in tenure in the north Texas community. Mr. RUSH. Madam Speaker, I rise today to strong support of H.R. 1834. I want to com- Founded on February 22, 1973, Christian pay tribute to and honor the Reverend Dr. mend my colleagues from the Committee on Community Action began by serving local con- Jeremiah A. Wright, Jr., who delivered his final Science and Technology, Chairman BART gregations. The group soon began distributing sermon on Sunday, February 10, 2008, as the GORDON, and the Ranking Republican Mem- fliers in needy areas offering assistance to Senior Pastor of the Trinity United Church of Christ of Chicago, IL. ber, Congressman RALPH HALL, for their lead- those local families who needed it most. CCA Dr. Wright was born on September 22, ership in bringing this important bill to enhance provided gifts of food, clothing, housewares, 1941, in Philadelphia, PA to the union of the our understanding of the marine environment and repair work, but soon realized that for the Reverend Jeremiah Wright, Sr. and Dr. Mary to the House floor. group to have the effect they wanted, they Henderson Wright. His parents were his ear- When I became Chairwoman of the Sub- needed to find a way to expand their reach liest influences, instilling in him the possibility committee on Fisheries, Wildlife and Oceans and obtain financial resources. of balancing the intellectual with the spiritual. at the beginning of the 110th Congress, one of It was this decision that caused the organi- Upon completion of his elementary and sec- my top priorities was to take action on legisla- zation to connect with area families on a much ondary education in Philadelphia, Dr. Wright tion to address the thoughtful recommenda- more personal level. CCA caseworkers matriculated at Virginia Union University. After tions offered by the U.S. Commission on learned all about each family’s income, budg- 1 3 ⁄2 years at Virginia Union, Dr. Wright left Ocean Policy to improve our Nation’s ocean eting, and spending habits, which presented school and entered the U.S. Marine Corps. He environment. This legislation, H.R. 1834, them with both the information they needed to transferred from the USMC into the U.S. Navy would implement a key recommendation of the provide assistance and the coveted oppor- where he served as a cardiopulmonary techni- Commission by authorizing two important tunity to bond with those they served. cian. ocean research programs within the National Beginning in 1975, Christian Community Ac- After 6 years with distinction in the military, Oceanic and Atmospheric Administration—the tion began focusing on larger scale initiatives, Dr. Wright transferred to Howard University Ocean Exploration Program and the National such as resale shops. Now the CCA has where he completed his undergraduate stud- Undersea Research Program. evolved from a small bible study group to a ies and received his first master’s degree. His This legislation, which refines the bill that thriving organization serving Lewisville and the second master’s degree was from the Univer- was reported by the Committee on Natural surrounding area with three CCA resale sity of Chicago Divinity School and he Resources on August 4, 2007, would further stores, an adult health center, food services, furthered his academic pursuits with a doc- strengthen NOAA’s standing as the pre- and education and vocational training. torate from the United Theological Seminary. eminent civilian federal ocean agency by I would also like to commend Christian In addition to Dr. Wright’s four earned de- granting the agency explicit authority to con- Community Action on the importance of the grees, he has been the recipient of eight hon- duct scientific research that directly contributes role they play in helping meet the health as- orary doctorates. He is the recipient of numer- to increasing scientific knowledge of the sistance needs in Denton County, where there ous awards, including three presidential com- world’s oceans. is no county hospital to assist. As an OB/GYN mendations.

VerDate Aug 31 2005 06:11 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K14FE8.009 E14FEPT1 bajohnson on PROD1PC77 with REMARKS February 14, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E205 An accomplished musician, theologian and EXPRESSING THE CONDOLENCES McConn of Tarpon Springs, and Don Hoge, author, Wright has written four books, numer- OF THE HOUSE OF REPRESENTA- Jim Ryder, and Max Garrison all of Dunedin ous articles and countless sermons and was TIVES ON THE DEATH OF THE beat 11 other U.S. and Canadian teams, scor- named one of Ebony’s top 15 preachers. Dr. HONORABLE TOM LANTOS, A ing an impressive 88 out of 104 possible Wright has lectured at seminaries and univer- REPRESENTATIVE OF THE points. They finished 35 points ahead of the sities across the United States and has rep- STATE OF CALIFORNIA second place team. resented Trinity and The United Church of Two volunteer Coast Guard Auxiliary Flo- Christ around the world. SPEECH OF tillas combined into one team that trained to- Dr. Wright became Pastor of Trinity UCC on HON. HEATH SHULER gether for more than 5,000 hours during an 8- March 1, 1972. Under his leadership, the month period. To get to Toronto, they first had OF NORTH CAROLINA membership grew from 87 members to nearly to win district and regional events. IN THE HOUSE OF REPRESENTATIVES 10,000 today with over 70 ministries offered to The international competition emphasizes enhance the Christian journey. Dr. Wright Tuesday, February 12, 2008 events that are designed to test teams’ abili- shares his life and ministry with his wife, Rev. Mr. SHULER. Madam Speaker, I rise today ties to plan, communicate, and carry out a Ramah Reed Wright, and is the father of five to celebrate the life of a great friend and maritime search and rescue mission. These children and grandfather of three. statesman, Congressman TOM LANTOS. My are skills that all Coast Guard sailors and aux- Madam Speaker, I am proud to recognize prayers are with his family and friends during iliary members must know and be able to exe- the life achievements of Reverend Dr. Jere- this time of mourning. cute on a moment’s notice to save a life or miah A. Wright, Jr., Senior Pastor of the Trin- Upon my arrival to Congress, Representa- lives at sea. ity United Church of Christ and I want to en- tive LANTOS personally invited me to his office The team will be honored on Wednesday, courage Dr. Wright to continue to be ‘‘Un- to welcome me to this body. I appreciated his February 27, 2008, during ceremonies at ashamedly Black and Unapologetically Chris- kind words and encouragement as I started Coast Guard Search and Rescue Station tian’’. I am truly honored to pay tribute to this my work here. Since that time Congressman Sand Key when they will officially receive the outstanding Servant of God and I am privi- LANTOS has been a wonderful friend of mine winning trophy for the 2007 International leged to enter these words into the CONGRES- and will forever be a source of great inspira- Search and Rescue competition. Rear Admiral SIONAL RECORD of the United States House of tion in my professional and personal life. David Kunkel, the commanding officer of Representatives. Congressman LANTOS’ early life experiences Coast Guard District Seven, will preside at the f as a Holocaust survivor and as part of the re- ceremony. Coast Guard Search and Rescue Station IN HONOR OF PHILLIP MORRIS sistance movement against the Nazis shaped his future work as a husband, father, aca- Sand Key is one of four major Coast Guard in- HON. STEPHANIE TUBBS JONES demic, and public servant. At the young age of stallations I have the privilege to represent in 16, Mr. LANTOS and his family were forced into the 10th Congressional District of Florida and OF OHIO facist forced labor camps. After escaping this winning team is symbolic of all the men IN THE HOUSE OF REPRESENTATIVES twice, Mr. LANTOS sought refuge in a Jewish and women of the United States Coast Guard Thursday, February 14, 2008 safe house in Budapest run by humanitarian who serve to defend our coastline and protect Mrs. JONES of Ohio. Madam Speaker, Raoul Wallenberg. After the war ended, he re- lives every day of the year, regardless of the today I rise to honor Phillip Morris, a good turned to the capital of Budapest in search of threat and the weather. friend and a great constituent of the Eleventh his family, only to discover that they had all Madam Speaker, please join me in con- Congressional District of Ohio. perished at Auschwitz and other death camps. gratulating these volunteers from Pinellas Phillip Morris is characterized by many as He reconnected with a childhood friend, An- County that through hard work, dedication, an ‘‘affable and altruistic man.’’ Phillip Morris nette, to whom he was married for almost 58 professionalism, and spirited teamwork have joined the staff of the Case Western Reserve years. brought great honor to our Nation and the University law school on October 4, 1971, as Congressman LANTOS has been a champion United States Coast Guard and the United building superintendent when the law school for human rights, social justice, and civil lib- States Coast Guard Auxiliary. was located on Adelbert Road in Cleveland, erties during his 28 years in Congress. Con- AUXILIARY WINS INTERNATIONAL SEARCH AND RESCUE COMPETITION Ohio. Since then he has worked tirelessly pro- gressman LANTOS’ dedication to serving his viding support for over one hundred faculty constituents and this Nation will not be forgot- A quartet of U.S. Coast Guard Auxiliarists and staff, over six hundred students, and to ten. His life will be remembered as one of from Pinellas County Fla., beat five other U.S. teams and six Canadian teams at the keep the facilities of the building running courage, selflessness, and tireless dedication 2007 International Search and Rescue Com- smoothly. to his principles. petition in Toronto Harbor, Canada Sept. 28– Phillip’s calm demeanor and great sense of My thoughts and prayers go out Congress- 29. humor have become an invaluable presence man LANTOS’ wife Annette, his two children, For the first time in the eight year history at the law school as well as his ability to pre- eighteen grandchildren, and two great-grand- of the competition, American lifesavers car- pare the building for classes and special children. I ask my colleagues to join me in sol- ried home the coveted trophy. events. Phillip has also been described by emn remembrance of this great public servant. To get to ISAR, teams of lifesavers must some as, ‘‘The ultimate handyman’’. When compete in preliminary regional events. f Teams are judged in skill areas in the field Phillip is not working in the law school, he can of Maritime Search and Rescue. ISAR 2007 be found working on carpentry and construc- PINELLAS COUNTY, FLORIDA COAST GUARD AUXILIARY TEAM featured events that are designed to test the tion projects at his home. volunteers’ ability to plan, communicate and In 2004, Phillip Morris was chosen as one of WINS INTERNATIONAL SEARCH prosecute a maritime search and rescue mis- three recipients of the President’s Award for AND RESCUE COMPETITION sion. Distinguished Service at Case Western Re- A Person-In-the-Water Recovery Event serve University. This is the highest award HON. C.W. BILL YOUNG evaluated each team’s ability to safely ap- proach and retrieve a person or other object that the University confers on its staff per- OF FLORIDA in the water and rescue a person from a sonnel. The award recognizes an individual’s IN THE HOUSE OF REPRESENTATIVES burning boat. Other events included: Search dedication to provide outstanding service to Thursday, February 14, 2008 and Rescue Planning, Seamanship, Commu- the Case Western Reserve University commu- nications, Dewatering Line Toss and nity. Mr. YOUNG of Florida. Madam Speaker, Marlinspike and two surprise events, one Phillip Morris retired from his work on Feb- For the first time ever, an American team has with the boat helmsman blindfolded and tak- ruary 1, 2008. Phillip and his wife will enjoy re- won the International Search and Rescue ing direction from a crewman and another tirement in their newly purchased home in the Competition in Toronto, Canada and I am where crews rowed out to retrieve and back- suburbs of Nashville, Tennessee. proud to say that the four members of the board a mannequin and bring this simulated On behalf of the Eleventh Congressional team are from Pinellas County, Florida, which victim to shore. The winning American team consisted of District of Ohio it gives me great pleasure to I have the privilege to represent. team captain Kevin McConn, 48, of Tarpon congratulate my friend, Phillip Morris, for his Representing the Coast Guard Atlantic Springs, Don Hoge, 59, Jim Ryder, 69, and service to Case Western Reserve University, Area, the Seventh Coast Guard District, Sec- Max Garrison, 65, all of Dunedin, Fla. In and the Eleventh Congressional district of tor St. Petersburg, and Search and Rescue events that included skills involving Ohio. Station Sand Key, team captain Kevin strength and speed, these veteran American

VerDate Aug 31 2005 06:11 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\K14FE8.007 E14FEPT1 bajohnson on PROD1PC77 with REMARKS E206 CONGRESSIONAL RECORD — Extensions of Remarks February 14, 2008 mariners beat out teams that included much been acknowledged as a distinguished finalist size to all youth volunteers that their contribu- younger U.S. and Canadian competitors. in Texas by the 2008 Prudential Spirit of Com- tions are vitally important and highly valued, Scoring an impressive 88 out of a possible 104 munity Awards program, an annual honor con- and to inspire other young people to follow in points, the Florida Auxiliarists bested the closest competitors, a Canadian team, by an ferred on the most impressive student volun- their footsteps. Since its founding, the program impressive 35 points. teers in each State and the District of Colum- has become the Nation’s largest youth rec- bia. ognition effort based solely on community f Greg, a senior at Little Elm High School, es- service, and has honored more than 80,000 CONGRATULATING GREG tablished the youth service organization young volunteers at the local, State, and na- WEATHERFORD ON HIS COMMU- ‘‘Young People Who Care’’ 4 years ago. This tional level. NITY CONTRIBUTIONS group gives students the opportunity to be- Greg should be extremely proud of his come active in their community. ‘‘Young Peo- achievement. I heartily applaud him for the HON. MICHAEL C. BURGESS ple Who Care’’ has established, among other positive impact he has had on the community. OF TEXAS things, a district-wide peer tutoring program, a Greg has demonstrated a level of commitment school and community beautification com- IN THE HOUSE OF REPRESENTATIVES and accomplishment that is truly extraordinary mittee, and a school-wide recycling program. in today’s world, and deserves our sincere ad- Thursday, February 14, 2008 Greg will receive an engraved bronze medal- miration and respect. It is an honor to rep- Mr. BURGESS. Madam Speaker, I rise lion for his achievements. resent such an extraordinary young person in today to recognize a student from my district The Prudential Spirit of Community Awards the 26th district of Texas, and I earnestly look who has been nationally recognized for com- was created by Prudential Financial in partner- forward to the positive contributions he will un- mendable volunteer service in his community. ship with the National Association of Sec- doubtedly bestow upon the north Texas com- Greg Weatherford of Little Elm, Texas has ondary School Principals in 1995 to empha- munity.

VerDate Aug 31 2005 06:11 Feb 15, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A14FE8.057 E14FEPT1 bajohnson on PROD1PC77 with REMARKS Thursday, February 14, 2008 Daily Digest

HIGHLIGHTS Senate agreed to H. Con. Res. 293, Adjournment Resolution. Senate Adjournment Resolution: Senate agreed to H. Chamber Action Con. Res. 293, providing for a conditional adjourn- Routine Proceedings, pages S993–S1086 ment of the House of Representatives and a condi- Measures Introduced: Eighteen bills and four reso- tional recess or adjournment of the Senate. lutions were introduced, as follows: S. 2637–2654, Page S1085 and S. Res. 454–457. Pages S1054–55 Measures Considered: Measures Passed: Indian Health Care Improvement Act Amend- ments: Senate continued consideration of S. 1200, to K.T. Safety Act: Committee on Commerce, amend the Indian Health Care Improvement Act to Science, and Transportation was discharged from fur- revise and extend the Act, taking action on the fol- ther consideration of H.R. 1216, to direct the Sec- lowing amendments proposed thereto: retary of Transportation to issue regulations to re- Pages S993–S1046 duce the incidence of child injury and death occur- Adopted: ring inside or outside of light motor vehicles, and By a unanimous vote of 95 yeas (Vote No. 24), the bill was then passed, clearing the measure for the Dorgan/Murkowski Amendment No. 4082 (to President. Page S1083 Amendment No. 3899), of a perfecting nature. United States and the Republic of Korea: Com- Pages S1025–26 mittee on Foreign Relations was discharged from By a unanimous vote of 94 yeas (Vote No. 27), further consideration of S. Res. 444, expressing the Coburn Amendment No. 4032 (to Amendment No. sense of the Senate regarding the strong alliance that 3899), to protect rape and sexual assault victims has been forged between the United States and the from HIV/AIDS and other sexually transmitted dis- Republic of Korea and congratulating Myung-Bak eases. Pages S996, S997, S1028, S1032–33 Lee on his election to the presidency of the Republic Brownback Modified Amendment No. 3893 (to of Korea, and the resolution was then agreed to, Amendment No. 3899), to acknowledge a long his- after agreeing to the following amendment proposed tory of official depredations and ill-conceived policies thereto: Page S1083 by the Federal Government regarding Indian tribes Reid (for Biden) Amendment No. 4084, to mod- and offer an apology to all Native Peoples on behalf ify the description of the economic relationship be- of the United States. Pages S994, S1037–38 tween the United States and the Republic of Korea. Mikulski Amendment No. 4023 (to Amendment Page S1083 No. 3899), to temporarily delay application of pro- posed changes to Medicaid payment rules for case NATO Membership Action Plan with Georgia management and targeted case management services. and Ukraine: Senate agreed to S. Res. 439, express- Pages S1008–13, S1038 ing the strong support of the Senate for the North Murkowski (for Martinez) Modified Amendment Atlantic Treaty Organization to enter into a Mem- No. 3906 (to Amendment No. 3899), to amend ti- bership Action Plan with Georgia and Ukraine. tles XI and XVIII of the Social Security Act to pro- Pages S1083–84 vide increased civil and criminal penalties for acts Chinese New Year: Senate agreed to S. Res. 457, involving fraud and abuse under the Medicare pro- recognizing the cultural and historical significance of gram. Pages S1013–26, S1040 the Chinese New Year or Spring Festival. Bingaman/Thune Amendment No. 4083 (to Pages S1084–85 Amendment No. 3899), to require the Comptroller D143

VerDate Aug 31 2005 07:01 Apr 16, 2008 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD08\RECFILES\D14FE8.REC D14FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE D144 CONGRESSIONAL RECORD — DAILY DIGEST February 14, 2008 General of the United States to conduct a study on Coburn Amendment No. 4028 (to Amendment payments for contract health services. Page S1040 No. 3899), to provide a blood quantum requirement Barrasso Amendment No. 3898 (to Amendment for Federal recognition of Indian tribes. No. 3899), to require the Comptroller General to re- Pages S996, S997, S1040 port on the effectiveness of coordination of health Coburn Amendment No. 4030 (to Amendment care services provided to Indians using Federal, State, No. 3899), to ensure tribal members have access to local, and tribal funds. Pages S994, S1040 the highest levels of quality and safety in the Serv- Dorgan (for Coburn) Modified Amendment No. ice. Pages S996, S997, S1040 4078 (to Amendment No. 3899), to determine the Coburn Amendment No. 4031 (to Amendment factors leading to significant tobacco-related disease No. 3899), to promote transparency and quality in and disproportionate health effects on tribal popu- the Service. Pages S996, S997, S1040 lations. Page S1040 Coburn/DeMint Amendment No. 4033 (to Coburn Amendment No. 4029 (to Amendment Amendment No. 3899), to allow tribal members to No. 3899), to require a study of membership criteria make their own health care choices. for federally recognized Indian tribes. Pages S996, S997–98, S1040 Pages S992, S997, S1040 Coburn Amendment No. 4035 (to Amendment Murkowski (for Vitter) Amendment No. 4038 (to No. 3899), to prioritize patient care over administra- Amendment No. 3899), of a perfecting nature. tive overhead. Pages S996, S998, S1040 Pages S1030–32 Coburn Amendment No. 4037 (to Amendment Rejected: No. 3899), to prioritize scarce resources to basic medical services for Indians. By 28 yeas to 67 nays (Vote No. 25), Coburn Amendment No. 4034 (to Amendment No. 3899), Pages S996, S998–99, S1040 to allow tribal members to make their own health Pending: Vitter Amendment No. 3896 (to Amendment No. care choices. Pages S996, S998, S1020–22, S1026–27 3899), to modify a section relating to limitation on By 21 yeas to 73 nays (Vote No. 26), Coburn use of funds appropriated to the Service. Page S993 Amendment No. 4036 (to Amendment No. 3899), to prioritize scarce resources to basic medical services Dorgan Amendment No. 3899, in the nature of a substitute. Page S994 for Indians. Pages S996, S998, S1027–30, S1032 Smith Amendment No. 3897 (to Amendment No. Withdrawn: 3899), to modify a provision relating to development Bingaman/Thune Amendment No. 3894 (to of innovative approaches. Pages S1004–06 Amendment No. 3899), to amend title XVIII of the Murkowski (for DeMint) Amendment No. 4015 Social Security Act to provide for a limitation on the (to Amendment No. 3899), to authorize the Sec- charges for contract health services provided to Indi- retary of Health and Human Services to establish an ans by Medicare providers. Pages S993, S1010 Indian health savings account demonstration project. Sanders Amendment No. 3900 (to Amendment Pages S1030–32 No. 3899), to provide for payments under sub- Murkowski (for DeMint) Amendment No. 4066 sections (a) through (e) of section 2604 of the Low- (to Amendment No. 3899), of a perfecting nature. Income Home Energy Assistance Act of 1981. Pages S1030–32 Pages S994, S1013 Murkowski (for DeMint) Amendment No. 4070 Coburn Amendment No. 4024 (to Amendment (to Amendment No. 3899), of a perfecting nature. No. 3899), to ensure that tribal members receive sci- Pages S1030–32 entifically effective health promotion services. Murkowski (for DeMint) Amendment No. 4073 Pages S996, S997, S1040 (to Amendment No. 3899), of a perfecting nature. Coburn Amendment No. 4025 (to Amendment Pages S1030–32 No. 3899), to clarify the absence of authorization of DeMint Amendment No. 4080 (to Amendment racial preference in employment. No. 4070), to rescind funds appropriated by the Pages S996, S997, S1040 Consolidated Appropriations Act, 2008, for the City Coburn Amendment No. 4026 (to Amendment of Berkeley, California, and any entities located in No. 3899), to modify a provision relating to child such city, and to provide that such funds shall be sexual abuse and prevention treatment programs. transferred to the Operations and Maintenance, Ma- Pages S996, S997, S1040 rine Corps account of the Department of Defense for Coburn Amendment No. 4027 (to Amendment the purposes of recruiting. Pages S1037–38 No. 3899), to clarify the effect of a title. During consideration of this measure today, the Pages S996, S997, S1040 following action also occurred:

VerDate Aug 31 2005 07:01 Apr 16, 2008 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD08\RECFILES\D14FE8.REC D14FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 14, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D145 DeMint Amendment No. 4067 (to Amendment the order in which the amendments are listed in this No. 3894), to rescind funds appropriated by the agreement, except that the Majority amendment Consolidated Appropriations Act, 2008, for the City with respect to Vitter Amendment No. 3896 (to of Berkeley, California, and any entities located in Amendment No. 3899) (listed above) would occur such city, and to provide that such funds shall be first; that there be 2 minutes of debate prior to each transferred to the Operation and Maintenance, Ma- vote; provided further, that upon the disposition of rine Corps account of the Department of Defense for all pending amendments, Dorgan Amendment No. the purposes of recruiting, fell when Bingaman/ 3899 (listed above), as amended be agreed to, and Thune Amendment No. 3894 (to Amendment No. the bill be read a third time, and Senate then vote 3899) (listed above) was withdrawn. on the motion to invoke cloture on the bill and that Pages S1006–08, S1022–24 if cloture is invoked, all post-cloture time be yielded Gregg Amendment No. 4022 (to Amendment back, the Committee on Indian Affairs be discharged No. 3900), to provide funding for the Low-Income from further consideration of H.R. 1328, the House Home Energy Assistance Program in a fiscally re- of Representatives companion measure, and Senate sponsible manner, fell when Sanders Amendment then begin its consideration, that all after the enact- No. 3900 (to Amendment No. 3899) (listed above) ing clause be stricken and the text of S. 1200, as was withdrawn. Page S994 amended, be inserted in lieu thereof, that the bill be A motion was entered to close further debate on advanced to third reading, passed, and the motion to Dorgan Amendment No. 3899 (listed above), and, in reconsider be laid upon the table; that upon passage accordance with the provisions of Rule XXII of the of H.R. 1328, S. 1200 be returned to the calendar, Standing Rules of the Senate, and pursuant to the and the mandatory quorum be waived; and that if unanimous-consent agreement of Thursday, February cloture is not invoked, this agreement is null and 14, 2008, a vote on cloture will occur at 5:30 p.m., void. Pages S1045–46, S1082 on Monday, February 25, 2008. Page S1045 NEW DIRECTION FOR ENERGY INDEPEND- A motion was entered to close further debate on ENCE, NATIONAL SECURITY, AND CON- the bill, and, in accordance with the provisions of SUMER PROTECTION ACT: Senate began con- Rule XXII of the Standing Rules of the Senate, and sideration of the motion to proceed to consideration pursuant to the unanimous-consent agreement of of H.R. 3221, moving the United States toward Thursday, February 14, 2008, a vote on cloture will greater energy independence and security, developing occur on Monday, February 25, 2008. Page S1045 innovative new technologies, reducing carbon emis- A unanimous-consent agreement was reached pro- sions, creating green jobs, protecting consumers, in- viding for further consideration of the bill after the creasing clean renewable energy production, and traditional reading of Washington’s Farewell Ad- modernizing our energy infrastructure, and to amend dress, on Monday, February 25, 2008, and that the the Internal Revenue Code of 1986 to provide tax cloture vote on Dorgan Amendment No. 3899 (list- incentives for the production of renewable energy ed above), occur at 5:30 p.m., on Monday, February and energy conservation. 25, 2008; that if cloture is invoked on Dorgan Amendment No. 3899, all post-cloture time be A motion was entered to close further debate on yielded back except for the times specified in this the motion to proceed to consideration of the bill agreement, that the Managers each have 10 minutes and, in accordance with the provisions of Rule XXII of debate for their use, and that all debate time be of the Standing Rules of the Senate, and pursuant to equally divided and controlled in the usual form; the unanimous-consent agreement of Thursday, Feb- that Senator DeMint be recognized for up to 1 hour ruary 14, 2008, a vote on cloture will occur not to speak with respect to any of his pending germane prior to the votes on the motions to invoke cloture amendments; that with respect to Vitter Amend- on the motions to proceed to consideration of S. ment No. 3896 (to Amendment No. 3899) (listed 2633, to provide for the safe redeployment of United above), and a first-degree germane amendment from States troops from Iraq, and S. 2634, to require a re- the Majority on the subject matter of Vitter Amend- port setting forth the global strategy of the United ment No. 3896, that debate time on these two States to combat and defeat al Qaeda and its affili- amendments be limited to 60 minutes each; that ates. Pages S1082–83 Smith Amendment No. 3897 (to Amendment No. Subsequently, the motion to proceed was with- 3899) (listed above) be limited to 20 minutes of de- drawn. bate; that no further amendments be in order and Appointments: that upon the use of time with respect to the A unanimous-consent agreement was reached pro- DeMint amendments, Senate vote on or in relation viding that the appointment at the desk appear sepa- to the amendments; that the vote sequence occur in rately in the Congressional Record as if made by the

VerDate Aug 31 2005 07:01 Apr 16, 2008 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD08\RECFILES\D14FE8.REC D14FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE D146 CONGRESSIONAL RECORD — DAILY DIGEST February 14, 2008 Chair and replace the appointment made by the Record remain open until 12:00 noon for bill intro- Chair on Wednesday, February 13, 2008. ductions and statements. Page S1085 U.S.-Japan Interparliamentary Group: The Authority for Committees—Agreement: A unani- Chair, on behalf of the Vice President, pursuant to mous-consent agreement was reached providing that, Section 5 of Title I of Division H of Public Law notwithstanding the adjournment of the Senate, all 110–161, appointed the following Senator as Vice committees be authorized to file legislative and exec- Chairman of the U.S.-Japan Interparliamentary utive reports on Friday, February 22, 2008, from Group conference for the 110th Congress: Senator 10:00 a.m. until 12:00 noon. Page S1085 Stevens. Page S1085 Authorizing Leadership to Make Appoint- Federal Judicial Center Foundation Board: The ments—Agreement: A unanimous-consent agree- Chair, on behalf of the President pro tempore, pur- ment was reached providing that, notwithstanding suant to the provisions of Public Law 100–702, re- the adjournment of the Senate, the President of the appointed the following individual to the Federal Ju- Senate, the President Pro Tempore, and the Majority dicial Center Foundation Board: John B. White Jr., and Minority Leader be authorized to make appoint- of South Carolina. Page S1085 ments to commissions, committees, boards, con- Open World Leadership Center: The Chair, on ferences, or interparliamentary conferences authorized behalf of the President pro tempore, pursuant to the by law, by concurrent action of the two Houses, or provisions of 2 U.S.C. Sec. 1151, as amended, ap- by order of the Senate. Page S1085 pointed the following individual to the Board of Nominations Received: Senate received the fol- Trustees of the Open World Leadership Council: lowing nominations: Senator Wicker. Page S1085 Jeffrey Robert Brown, of Illinois, to be a Member of the Board of Trustees of the Federal Supple- National Commission on Children and Disas- mentary Medical Insurance Trust Fund for a term of ters: The Chair, on behalf of the Democratic Leader, four years. pursuant to the provisions of Public Law 110–161, David Gustafson, of Virginia, to be a Judge of the appointed the following individuals to serve as mem- United States Tax Court for a term of fifteen years. bers of the National Commission on Children and Elizabeth Crewson Paris, of the District of Colum- Disasters: Mark Shriver of Maryland and Sheila Leslie bia, to be a Judge of the United States Tax Court of Nevada. Page S1085 for a term of fifteen years. Cloture Motions—Agreement: A unanimous-con- Joseph Evan LeBaron, of Oregon, to be Ambas- sent agreement was reached providing that on Mon- sador to the State of Qatar. day, February 25, 2008, notwithstanding Rule XXII Stephen James Nolan, of Virginia, to be Ambas- of the Standing Rules of the Senate, it be in order sador to the Republic of Botswana. to move to proceed to consideration of the following Samuel W. Speck, of Ohio, to be a Commissioner bills in the order listed, that motions to invoke clo- on the part of the United States on the International ture be filed, and that once the motions have been Joint Commission, United States and Canada. made and the cloture motions filed, the motions to William T. Lawrence, of Indiana, to be United proceed be withdrawn; provided further, that the States District Judge for the Southern District of In- votes on the motions to invoke cloture occur on diana. Tuesday, February 26, 2008, upon disposition of 1 Army nomination in the rank of general. H.R. 1328, Indian Health Care Improvement Act 2 Marine Corps nominations in the rank of gen- Amendments, with two minutes of debate prior to eral. each vote on the motion to invoke cloture specified 25 Navy nominations in the rank of admiral. in this agreement, equally divided and controlled be- Pages S1085–86 tween the Majority and Republican Leaders, or their Measures Placed on the Calendar: Page S1054 designees: S. 2633, to provide for the safe redeployment of Additional Cosponsors: Pages S1055–56 United States troops from Iraq. Statements on Introduced Bills/Resolutions: S. 2634, to require a report setting forth the glob- Pages S1056–75 al strategy of the United States to combat and defeat Additional Statements: Pages S1051–54 al Qaeda and its affiliates. Page S1085 Amendments Submitted: Pages S1075–81 Bills and Statements—Agreement: A unanimous- consent agreement was reached providing that, not- Notices of Hearings/Meetings: Page S1081 withstanding the Senate being in pro forma session Authorities for Committees to Meet: on Friday, February 15, 2008, that the Congressional Pages S1081–82

VerDate Aug 31 2005 07:01 Apr 16, 2008 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD08\RECFILES\D14FE8.REC D14FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 14, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D147

Privileges of the Floor: Page S1082 posed budget request for fiscal year 2009 for the Record Votes: Four record votes were taken today. United States Department of Agriculture Forest (Total—27) Pages S1026, S1027, S1032, S1032–33 Service (USDA), after receiving testimony from Mark Rey, Under Secretary, and Abigail Kimbell, Chief, Recess: Senate convened at 9:30 a.m. and recessed USDA Forest Service, both of the Department of at 8:13 p.m., until 10:00 a.m. on Friday, February Agriculture. 15, 2008. (For Senate’s program, see the remarks of the Majority Leader in today’s Record on page MARINE VESSEL EMISSIONS REDUCTION S1085.) ACT Committee on Environment and Public Works: Com- Committee Meetings mittee concluded a hearing to examine S. 1499, to amend the Clean Air Act to reduce air pollution (Committees not listed did not meet) from marine vessels, after receiving testimony from AFGHANISTAN STRATEGY Bryan Wood-Thomas, Associate Director, Office of Transportation and Air Quality, Office of Air and Committee on Armed Services: Committee concluded Radiation, U.S. Environmental Protection Agency; hearings to examine the strategy in Afghanistan, fo- Barry R. Wallerstein, South Coast Air Quality Man- cusing on reports by the Afghanistan Study Group agement District, Diamond Bar, California; Lisa P. and the Atlantic Council of the United States, after Jackson, New Jersey Department of Environmental receiving testimony from James J. Shinn, Assistant Protection, Trenton; Jennifer J. Mouton, Louisiana Secretary for Asian and Pacific Security Affairs, Of- Department of Environmental Quality Air Quality fice of the Secretary of Defense for Policy, and Lieu- Assessment Division, Baton Rouge; John G. Miller, tenant General John F. Sattler, USMC, Director for American College of Emergency Physicians (ACEP), Strategic Plans and Policy, J–5, Joint Staff, both of San Pedro, California; Richard Kassel, Natural Re- the Department of Defense; Richard A. Boucher, As- sources Defense Council (NRDC), New York, New sistant Secretary of State for South and Central Asian York; Joe Accardo, Jr., Ports Association of Lou- Affairs; General James L. Jones, USMC (Ret.), Atlan- isiana (PAL), and Joel T. Chaisson, Port of South tic Council of the United States, and Karl F. Louisiana, both of LaPlace; Ken Wells, Offshore Ma- Inderfurth, George Washington University, both of rine Service Association, Harahan, Louisiana; and Washington, D.C. Jonah Ramirez, San Bernardino, California. CURRENT U.S. ECONOMY INTERNATIONAL CARBON CAP AND Committee on Banking, Housing, and Urban Affairs: TRADE PROGRAM Committee concluded a hearing to examine the cur- rent state of the United States economy and financial Committee on Finance: Committee concluded a hearing matters, after receiving testimony from Henry M. to examine international aspects of a carbon cap and Paulson, Jr., Secretary of the Treasury; former Rep- trade program, focusing on experiences and implica- resentative Christopher Cox, Chairman, U.S. Securi- tions for a United States cap-and-trade program, ties and Exchange Commission; and Ben S. after receiving testimony from Senator Specter; Jen- Bernanke, Chairman, Board of Governors of the Fed- nifer Haverkamp, Enviromental Defense Fund, and eral Reserve System. Kjell Olav Kristiansen, Point Carbon, both of Wash- ington, D.C.; Abraham F. Breehey, International INFORMATION TECHNOLOGY AND Brotherhood of Boilermakers, Iron Ship Builders, HEALTH CARE REFORM Blacksmiths, Forgers and Helpers (AFL–CIO), Fair- Committee on the Budget: Committee concluded a hear- fax, Virginia; and Ruksana Mirza, Holcim (US), Inc., ing to examine health care and the federal budget, Waltham, Massachusetts. focusing on information technology and health care FEDERAL ACQUISITION WORKFORCE reform, after receiving testimony from Valerie C. Melvin, Director, Human Capital and Management, Committee on Homeland Security and Governmental Af- Information Systems Issues, Government Account- fairs: Subcommittee on Oversight of Government ability Office; Laura L. Adams, Rhode Island Quality Management, the Federal Workforce, and the Dis- Institute, Providence; and Mary R. Grealy, trict of Columbia concluded a hearing to examine Healthcare Leadership Council, Washington, D.C. ways to build and strengthen the Federal acquisition workforce, after receiving testimony from Paul A. USDA FOREST SERVICE BUDGET Denett, Administrator, Federal Procurement Policy, Committee on Energy and Natural Resources: Committee Office of Management and Budget; Frank J. Ander- concluded a hearing to examine the President’s pro- son, Jr., President, Defense Acquisition University,

VerDate Aug 31 2005 07:01 Apr 16, 2008 Jkt 059060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD08\RECFILES\D14FE8.REC D14FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE D148 CONGRESSIONAL RECORD — DAILY DIGEST February 14, 2008

Office of the Under Secretary for Acquisition, Tech- 2009 for the Department of Homeland Security, nology, and Logistics, Department of Defense; and after receiving testimony from Michael Chertoff, Sec- Karen A. Pica, Director, Federal Acquisition Insti- retary of Homeland Security. tute, General Services Administration. DNI AUTHORITIES DEPARTMENT OF HOMELAND SECURITY Select Committee on Intelligence: Committee concluded a BUDGET hearing to examine the authorities given to the Di- Committee on Homeland Security and Governmental Af- rector of National Intelligence and personnel issues, fairs: Committee concluded a hearing to examine the after receiving testimony from J. Michael McCon- President’s proposed budget request for fiscal year nell, Director of National Intelligence. h House of Representatives 980) authorizing the Committee on the Judiciary to Chamber Action initiate or intervene in judicial proceedings to en- Public Bills and Resolutions Introduced: 37 pub- force certain subpoenas, by a recorded vote of 223 lic bills, H.R. 5437–5473; and 9 resolutions, H. ayes to 32 noes, with 1 voting ‘‘present’’, Roll No. Con. Res. 297–299; and H. Res. 986–988, 990–992 60, after agreeing to order the previous question by were introduced. Pages H992–94 voice vote. Pages H948–58, H961–62 Additional Cosponsors: Pages H994–96 Pursuant to the rule, H. Res. 979 and H. Res. Reports Filed: Reports were filed today as follows: 980 are adopted. Page H962 H. Res. 989, dismissing the election contest relat- Suspensions—Proceedings Resumed: The House ing to the office of Representatives from the Thir- agreed to suspend the rules and pass the following teenth Congressional District of Florida (H. Rept. measures which were debated on Wednesday, Feb- 110–528). Page H992 ruary 13th: Chaplain: The prayer was offered by the guest Honoring African American inventors, past and Chaplain, Monsignor Richard W. O’Keeffe, Immacu- present, for their leadership, courage, and signifi- late Conception Church, Yuma, Arizona. Page H945 cant contributions to our national competitiveness: Speaker Pro Tempore: Read a letter from the H. Res. 966, to honor African American inventors, Speaker wherein she appointed Representative Hoyer past and present, for their leadership, courage, and and Representative Van Hollen to act as Speaker pro significant contributions to our national competitive- tempore to sign enrolled bills and joint resolutions ness, by a 2/3 yea-and-nay vote of 387 yeas with through February 25, 2008. Page H947 none voting ‘‘nay’’, Roll No. 61; Pages H962–63 Recess: The House recessed at 10:18 a.m. and re- National Ocean Exploration Program Act: H.R. convened at 11:05 a.m. Page H947 1834, amended, to authorize the national ocean ex- Motion to Adjourn: Rejected the Lincoln Diaz- ploration program and the national undersea research Balart motion to adjourn by a yea-and-nay vote of program within the National Oceanic and Atmos- 2 yeas to 390 nays, Roll No. 58. Pages H947–48 pheric Administration, by a 2/3 yea-and-nay vote of Motion to Adjourn: Rejected the Lincoln Diaz- 352 yeas to 49 nays, Roll No. 62; Pages H964–65 Balart motion to adjourn by a yea-and-nay vote of Agreed by unanimous consent that the text of 2 yeas to 400 nays, Roll No. 59. Pages H958–61 H.R. 1834, as proposed to be adopted under suspen- sion of the rules, be modified by an amendment Providing for the adoption of H. Res. 979 and placed at the desk. Pages H963–64 for the adoption of H. Res. 980: The House agreed to H. Res. 982, providing for the adoption Making technical corrections to the Federal In- of the resolution (H. Res. 979) recommending that secticide, Fungicide, and Rodenticide Act: S. 2571, the House of Representatives find Harriet Miers and to make technical corrections to the Federal Insecti- Joshua Bolten, Chief of Staff, White House, in con- cide, Fungicide, and Rodenticide Act, by a 2/3 yea- tempt of Congress for refusal to comply with sub- and-nay vote of 400 yeas with none voting ‘‘nay’’, poenas duly issued by the Committee on the Judici- Roll No. 63—clearing the measure for the President; ary and for the adoption of the resolution (H. Res. Page H965

VerDate Aug 31 2005 07:01 Apr 16, 2008 Jkt 059060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\RECORD08\RECFILES\D14FE8.REC D14FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 14, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D149 Honoring and praising the National Association for the Advancement of Colored People on the occa- Committee Meetings sion of its 99th anniversary: H. Con. Res. 289, to AGRICULTURE, RURAL DEVELOPMENT, honor and praise the National Association for the FDA APPROPRIATIONS Advancement of Colored People on the occasion of Committee on Appropriations: Subcommittee on Agri- its 99th anniversary, by a 2/3 yea-and-nay vote of culture, Rural Development, Food and Drug Admin- 403 yeas with none voting ‘‘nay’’, Roll No. 64; istration, and Related Agencies held a hearing on Page H966 Natural Resources Conservation Service. Testimony American Braille Flag Memorial Act: H.R. was heard from Mark E. Rey, Under Secretary, Nat- 4169, to authorize the placement in Arlington Na- ural Resources and Environment, USDA. tional Cemetery of an American Braille tactile flag DEFENSE APPROPRIATIONS in Arlington National Cemetery honoring blind Committee on Appropriations: Subcommittee on Defense members of the Armed Forces, veterans, and other held a hearing on Army Readiness. Testimony was Americans, by a 2/3 yea-and-nay vote of 396 yeas heard from the following officials of the Department with none voting ‘‘nay’’, Roll No. 65; Page H968 of the Army, Department of Defense, LT GEN Commending the people of the State of Wash- James D. Thurman, USA, Deputy Chief of Staff, G3; ington for showing their support for the needs of LT GEN Stephen M. Speakes, USA, Deputy Chief of the State of Washington’s veterans and encour- Staff, G8, and LT GEN Michael D. Rochelle, USA, aging residents of other States to pursue creative Deputy Chief of Staff, G1. ways to show their own support for veterans: H. ENERGY AND WATER DEVELOPMENT Res. 790, to commend the people of the State of APPROPRIATIONS Washington for showing their support for the needs of the State of Washington’s veterans and encour- Committee on Appropriations: Subcommittee on Energy and Waste Development, and Related Agencies held aging residents of other States to pursue creative an overview hearing on Vehicle Technology and Gas ways to show their own support for veterans, by a Prices. Testimony was heard from public witnesses. 2/3 yea-and-nay vote of 383 yeas with none voting ‘‘nay’’, Roll No. 66; Page H969 HOMELAND SECURITY APPROPRIATIONS Supporting the goals and ideals of National Sa- Committee on Appropriations: Subcommittee on Home- lute to Hospitalized Veterans Week: H. Res. 963, land Security held a hearing on Land Border En- to support the goals and ideals of National Salute to forcement. Testimony was heard from the following Hospitalized Veterans Week, by a 2/3 yea-and-nay officials of the U.S. Customs and Border Protection, vote of 384 yeas with none voting ‘‘nay’’, Roll No. Department of Homeland Security: W. Ralph 67; and Pages H969–70 Basham, Commissioner, Gregory Giddens, Executive Director, Secure Border Initiative; David Aguilar, Supporting the goals and ideals of American Chief, U.S. Border Patrol; Michael Kostelnik, Assist- Heart Month and National Wear Red Day: H. ant Commissioner, Air and Marine; Thomas Res. 972, to support the goals and ideals of Amer- Winkowski, Assistant Commissioner, Office of Field ican Heart Month and National Wear Red Day, by Operations; and public witnesses. a 2/3 yea-and-nay vote of 389 yeas with none voting LABOR, HHS, AND EDUCATION ‘‘nay’’, Roll No. 68. Pages H970–71 APPROPRIATIONS Point of Personal Privilege: Representative Lincoln Diaz-Balart rose to a point of personal privilege and Committee on Appropriations: Subcommittee on Labor, Health and Human Services, Education, and Related was recognized. Pages H966–68 Agencies held an overview hearing on Opportunities Senate Message: Message received from the Senate Lost and Costs to Society: the Social and Economic today appears on page H948. Burden of Disease, Injuries, and Disability. Testi- Quorum Calls—Votes: Ten yea-and-nay votes and mony was heard from public witnesses. one recorded vote developed during the proceedings MILITARY READINESS AND STRATEGIC of today and appear on pages H947–48, H958–59, POSTURE H961–62, H963, H964–65, H965–66, H966, Committee on Armed Services: Held a hearing on Impli- H968–69, H969, H970, and H970–71. There were cations for Our Strategic Posture. Testimony was no quorum calls. heard from Sharon Pickup, Director, Defense Re- Adjournment: The House met at 10:00 a.m. and sources and Business Transformation Issues, GAO; adjourned at 10:30 p.m. and public witnesses.

VerDate Aug 31 2005 07:01 Apr 16, 2008 Jkt 059060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\RECORD08\RECFILES\D14FE8.REC D14FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE D150 CONGRESSIONAL RECORD — DAILY DIGEST February 14, 2008 PROVINCIAL RECONSTRUCTION TEAMS STATE VIDEO TAX FAIRNESS ACT REFORM Committee on the Judiciary: Subcommittee on Com- Committee on Armed Services: Subcommittee on Over- mercial and Administrative Law held a hearing on sight and Investigations held a hearing on Provincial H.R. 3679, State Video Tax Fairness Act of 2007. Reconstruction Teams: A Case for Interagency Na- Testimony was heard from public witnesses. tional Security Reform? Testimony was heard from the following officials of the Department of Defense: OVERSIGHT—JUSTICE DEPARTMENT’S Ryan Henry, Principal Deputy Under Secretary, Pol- OFFICE OF LEGAL COUNSEL icy; and Barry Pavel, Principal Deputy Assistant Sec- Committee on the Judiciary: Subcommittee on the Con- retary, Special Operations and Low Intensity Conflict stitution, Civil Rights and Civil Liberties held an and Interdependent Capabilities; and the following oversight hearing on the Justice Department’s Office officials of the Department of State: Stephen D. of Legal Counsel. Testimony was heard from Steven Mull, Acting Assistant Secretary, Bureau of Political- G. Bradbury, Principal Deputy Assistant Attorney Military Affairs; and Michael E. Hess, Assistant Ad- General, Office of Legal Counsel, Department of Jus- ministrator, Democracy, Conflict, and Humanitarian tice. Assistance Bureau, U.S. Agency for International De- velopment. UNIQUE INDUSTRIES PROTECTIONS Committee on the Judiciary: Subcommittee on Courts, BOND INSURANCE INDUSTRY the Internet, and Intellectual Property held a hearing Committee on Financial Services: Subcommittee on Cap- on Design Law—Are Special Provisions Needed to ital Markets, Insurance and Government Sponsored Protect Unique Industries? Testimony was heard Enterprises held a hearing on the State of the Bond from Representative Delahunt; and public witnesses. Insurance Industry. Testimony was heard from Eric OVERSIGHT—INTERIOR DEPARTMENT R. Sirri, Director, Division of Trading and Markets, BUDGET FISCAL YEAR 2009 SEC; Patrick M. Parkinson, Deputy Director, Divi- sion of Research and Statistics, Board of Governors, Committee on Natural Resources: Held an oversight Federal Reserve System; the following officials of the hearing on the President’s Fiscal Year 2009 Budget State of New York: Eliot Spitzer, Governor; and Eric Request for the Department of the Interior. Testi- R. Dinallo, Superintendent, Insurance Department; mony was heard from Dirk Kempthorne, Secretary of Thomas M. Leighton, Mayor, Wilkes-Barre, Pennsyl- the Interior. vania; and public witnesses. MEDICAID’S SYSTEMIC PROBLEMS U.S. DEBT RECYCLING ASSISTANCE TO Committee on Oversight and Government Reform: Sub- CAMBODIA committee on Domestic Policy held a hearing on One year later: Medicaid’s Response to Systemic Committee on Foreign Affairs: Subcommittee on Asia, Problems Revealed by the death of Deamonte Driv- The Pacific and the Global Environment held a hear- er. Testimony was heard from public witnesses. ing on an Overview of Cambodia and the Need for Debt Recycling: How can the U.S. be of Assistance? FEDERAL IT SECURITY Testimony was heard from Scot Marciel, Deputy As- Committee on Oversight and Government Reform: Sub- sistant Secretary, Bureau of East Asian and Pacific committee on Information Policy, Census and Na- Affairs, Department of State; and W. Kirk Miller, tional Archives and the Subcommittee on Govern- Associate Administrator/General Sales Manager, For- ment Management, Organization and Procurement eign Agriculture Service, USDA. held a joint hearing on Federal IT Security: A Re- view of H.R. 4791, Federal Agency Data Protection HOMELAND SECURITY INTELLIGENCE AND Act. Testimony was heard from Karen S. Evans, Ad- ANALYSIS ministrator, OMB; Gregory C. Wilshusen, Director, Committee on Homeland Security: Subcommittee on In- GAO; and public witnesses. telligence, Information Sharing and Terrorism Risk Assessment held a hearing entitled ‘‘Homeland Secu- DEFEATING AL QAEDA rity Intelligence at a Crossroads: the Office of Intel- Committee on Oversight and Government Reform: Sub- ligence and Analysis’ Vision for 2008.’’ Testimony committee on National Security and Foreign Affairs was heard from Charles E. Allen, Under Secretary, continued hearings on Six Years Later (Part III): In- Intelligence and Analysis, Department of Homeland novative Approaches to Defeating Al Qaeda. Testi- Security. mony was heard from COL Michael J. Meese, USA,

VerDate Aug 31 2005 07:01 Apr 16, 2008 Jkt 059060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\RECORD08\RECFILES\D14FE8.REC D14FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 14, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D151

Professor and Head of the Social Sciences Depart- MEDICARE BUDGET FISCAL YEAR 2009 ment, U.S. Military Academy, West Point; and pub- Committee on Ways and Means: Subcommittee on lic witnesses. Health held a hearing on the Medicare portions of SCIENCE EDUCATION/RESEARCH BUDGET the President’s fiscal year 2009 budget. Testimony Committee on Science and Technology: Held a hearing on was heard from Kerry Weems, Acting Adminis- Funding for the America COMPETES Act in the trator, Centers for Medicare and Medicaid Services, Fiscal Year 2009 Administration Budget Request. Department of Health and Human Services. Testimony was heard from James H. Marburger, III, Director, Office of Science and Technology Policy. BRIEFING—OVERHEAD BUSINESS ACTIVITY TAXES Permanent Select Committee on Intelligence: Met in execu- tive session to receive a briefing on Overhead. The Committee on Small Business: Held a hearing entitled Committee was briefed by departmental witnesses. ‘‘Business Activity Taxes and their Impact on Small Businesses,’’ Testimony was heard from public wit- FIRE AND RAIN—HOW TROPICAL nesses. FORESTS’ DESTRUCTION IS FUELING EPA BROWNFIELDS PROGRAM CLIMATE CHANGE Committee on Transportation and Infrastructure: Sub- Select Committee on Energy Independence and Global committee on Water Resources and Environment Warming: Held a hearing entitled ‘‘Fire and Rain: held a hearing on Revitalization of the Environ- How the Destruction of Tropical Forests is Fueling mental Protection Agency’s Brownfields Program. Climate Change.’’ Testimony was heard from public Testimony was heard from Susan Parker Bodine, As- witnesses. sistant Administrator, Solid Waste and Emergency f Response, EPA; and public witnesses. VA’S CLAIMS PROCESSING SYSTEM NEW PUBLIC LAWS Committee on Veterans’ Affairs: Subcommittee on Dis- (For last listing of Public Laws, see DAILY DIGEST, p. D119) ability Assistance and Memorial Affairs held a hear- H.R. 5140, to provide economic stimulus through ing on Examining the VA’s Claims Processing Sys- recovery rebates to individuals, incentives for busi- tem. Testimony was heard from Daniel Bertoni, Di- ness investment, and an increase in conforming and rector, Education, Workforce, and Income Security FHA loan limits. Signed on February 13, 2008. Issues, GAO; the following officials of the Depart- (Public Law 110–185) ment of Veterans Affairs: Michael Walcoff, Deputy f Under Secretary, Benefits; Diana Rubens, Associate Deputy Under Secretary, Field Operations; and Brad- COMMITTEE MEETINGS FOR FRIDAY, ley G. Mayes, Director, Compensation and Pension FEBRUARY 15, 2008 Service, both with the Veterans Benefits Administra- (Committee meetings are open unless otherwise indicated) tion; representatives of veterans organizations; and public witnesses. Senate TRADE PREFERENCE EXTENSION ACT OF No meetings/hearings scheduled. 2008; COMMITTEE’S VIEWS AND ESTIMATES House Committee on Ways and Means: Ordered reported H.R. Committee on Armed Services, Subcommittee on Military 5264, Trade Preference Extension Act of 2008. Personnel, hearing on the status of the implementation of The Committee also approved Committee Budget the Army’s medical action plan and other services’ sup- Views and Estimates for Fiscal Year 2009 for sub- port for wounded service members, 10 a.m., 2212 Ray- mission to the Committee on the Budget. burn.

VerDate Aug 31 2005 07:01 Apr 16, 2008 Jkt 059060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\RECORD08\RECFILES\D14FE8.REC D14FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE D152 CONGRESSIONAL RECORD — DAILY DIGEST February 14, 2008

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, February 15 10 a.m., Friday, February 15

Senate Chamber House Chamber Program for Friday: Senate will meet in a pro forma Program for Friday: The House will meet in pro forma session. session.

Extensions of Remarks, as inserted in this issue

HOUSE Hayes, Robin, N.C., E202 Reichert, David G., Wash., E190, E194 Hinojosa, Rube´n, Tex., E200 Reynolds, Thomas M., N.Y., E193 Ackerman, Gary L., N.Y., E200 Hirono, Mazie K., Hawaii, E201 Roybal-Allard, Lucille, Calif., E203 Alexander, Rodney, La., E191, E195 Hoyer, Steny H., Md., E195 Royce, Edward R., Calif., E196 Baird, Brian, Wash., E198 Hulshof, Kenny C., Mo., E190, E195 Rush, Bobby L., Ill., E204 Baldwin, Tammy, Wisc., E201 Jackson, Jesse L., Jr., Ill., E192 Sanchez, Loretta, Calif., E198 Berman, Howard L., Calif., E200 Johnson, Eddie Bernice, Tex., E190, E194 Schiff, Adam B., Calif., E197 Bishop, Sanford D., Jr., Ga., E202 Jones, Stephanie Tubbs, Ohio, E205 Shimkus, John, Ill., E202 Bordallo, Madeleine Z., Guam, E204 Jones, Walter B., N.C., E199 Shuler, Heath, N.C., E205 Boucher, Rick, Va., E197 Lee, Barbara, Calif., E202 Sires, Albio, N.J., E192 Burgess, Michael C., Tex., E202, E204, E206 McGovern, James P., Mass., E201 Capito, Shelley Moore, W.Va., E203 McNulty, Michael R., N.Y., E201 Skelton, Ike, Mo., E196 Castle, Michael N., Del., E197 Marchant, Kenny, Tex., E196 Slaughter, Louise McIntosh, N.Y., E198 Costello, Jerry F., Ill., E192 Markey, Edward J., Mass., E199 Spratt, John M., Jr., S.C., E193 Delahunt, William D., Mass., E189, E193 Marshall, Jim, Ga., E193 Thompson, Bennie G., Miss., E195 Ellison, Kieth, Minn., E203 Matsui, Doris O., Calif., E196 Thompson, Mike, Calif., E190 Eshoo, Anna G., Calif., E196 Moore, Gwen, Wisc., E197 Udall, Mark, Colo., E190, E194 Farr, Sam, Calif., E191 Paul, Ron, Tex., E191, E195 Woolsey, Lynn C., Calif., E201 Franks, Trent, Ariz., E191, E195, E198, E199 Rahall, Nick J., II, W.Va., E202 Young, C.W. Bill, Fla., E205

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at 202–512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to 866–512–1800 (toll free), 202–512–1800 (D.C. area), or fax to 202–512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Aug 31 2005 07:01 Apr 16, 2008 Jkt 059060 PO 00000 Frm 00010 Fmt 0664 Sfmt 0664 E:\RECORD08\RECFILES\D14FE8.REC D14FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE