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

Vol. 154 WASHINGTON, WEDNESDAY, SEPTEMBER 17, 2008 No. 148 House of Representatives The House met at 10 a.m. WELCOMING REV. DANNY DAVIS REPUBLICANS TO BLAME FOR Rev. Danny Davis, Mount Hermon ENERGY CRISIS The SPEAKER. Without objection, Baptist Church, Danville, , of- (Ms. RICHARDSON asked and was fered the following prayer: the gentlewoman from Virginia (Mrs. DRAKE) is recognized for 1 minute. given permission to address the House Loving God, You have shown us what for 1 minute and to revise and extend There was no objection. is good, and that is ‘‘to act justly, to her remarks.) love mercy, and to walk humbly with Mrs. DRAKE. Thank you, Madam Ms. RICHARDSON. Madam Speaker, our God.’’ Speaker. 3 years ago, Republicans passed an en- Help us, Your servants, to do exactly I am proud to recognize and welcome ergy plan that they said would lower that, to be instruments of both justice Dr. Danny Davis, the senior pastor at prices at the pump, drive economic and mercy, exercising those virtues in Mount Hermon Baptist Church in growth and job creation and promote humility. Your word requires it. Our Danville, Virginia. He is accompanied energy independence. I ask you, Amer- Nation needs it. today by his wife of 30 years, Sandy. ica, did it work? The answer is no. Forgive us when we have failed to do Dr. Davis was born in and Now we look 3 years later and the that. For therein not only have we grew up in Williamsburg, Kentucky. price of gas has gone up 59 percent, the failed ourselves, we have failed You as Having served in the ministry since economy is tanking and we’ve lost well. 1985, he has pastored churches in Ken- 600,000 jobs this year alone. The Repub- Today, fresh and anew, we ask that tucky, North Carolina, Florida and licans are saying they know how to those twin rivers of justice and mercy Virginia. Not only does Dr. Davis have solve the problem. Well, they had con- might roll down from on high. Let a heart for service in his local commu- trol of Washington for 6 years and the them saturate this Chamber, perme- nity but also for ministry through mis- results are clear—the mission is not ac- ating every mind, flooding every heart, sions at home and abroad. He has been complished and everyone is feeling the cleansing every motive, and springing involved in multiple mission trips to effect of their failure today. forth in every action. And then let Tanzania, Russia, Honduras, the North- Democrats have been working hard them flow forth from this place, nour- ern Cheyenne Reservation in Montana, to reverse the Republican failed poli- ishing our land, refreshing its citizens, the United Kingdom, Greece and even cies of the past. Yesterday we passed a and bringing glory to the God who Communist Cuba. comprehensive energy package that placed in us such a sacred trust. will lower prices at the pump, expand In Jesus’ name, amen. Dr. Davis’ only son, Jordan, has domestic drilling off the Outer Conti- served as a member of my staff for the f nental Shelf, expand renewable energy past 3 years. Jordan’s hard work and sources, end subsidies for Big Oil and THE JOURNAL dedication have helped me to better create good-paying jobs for Americans The SPEAKER. The Chair has exam- serve my constituents. I know I have here. ined the Journal of the last day’s pro- Dr. Davis to thank for having instilled I would like to know why Repub- ceedings and announces to the House in his son the same values he displays licans did not solve the energy crisis. her approval thereof. in his ministry as well as the impor- Yesterday Democrats continued a new Pursuant to clause 1, rule I, the Jour- tance of service to others and his coun- direction and took action to solve the nal stands approved. try. energy crisis. f I want to thank Dr. Davis for being f here today and offering today’s prayer PLEDGE OF ALLEGIANCE and I wish him continued success in his WELCOMING REV. DANNY DAVIS The SPEAKER. Will the gentle- ministry. (Mr. GOODE asked and was given woman from (Ms. RICHARD- permission to address the House for 1 SON) come forward and lead the House f minute and to revise and extend his re- in the Pledge of Allegiance. marks.) Ms. RICHARDSON led the Pledge of ANNOUNCEMENT BY THE SPEAKER Mr. GOODE. Mr. Speaker, I too want Allegiance as follows: to say welcome to Dr. Danny Davis for I pledge allegiance to the Flag of the The SPEAKER. The Chair will enter- delivering the opening prayer this United States of America, and to the Repub- tain up to 15 further requests for 1- morning. His son works in the office of lic for which it stands, one nation under God, minute speeches on each side of the Congresswoman THELMA DRAKE. But indivisible, with liberty and justice for all. aisle. his church, Mount Hermon Baptist

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.

H8279

.

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.000 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8280 CONGRESSIONAL RECORD — HOUSE September 17, 2008 Church, is located in the Fifth District That opportunity was bypassed, and Mr. MCCOTTER. I’ve long thought of Virginia. His predecessor, Dr. Don what we ended up with was a very nar- that civics should be taught as ear- Davidson, in the last Congress deliv- rowly banded bill that will not address nestly as possible in our schools. ered an opening prayer. And Mount this Nation’s energy problems. Yesterday, we saw the spectacle of a Hermon Baptist Church served as the That is reprehensible. We need to Democratic House sham energy bill host church for the memorial services make sure that we have that oppor- being passed out of here and lauded as of my predecessor in Congress, the late tunity. We have a bill that passed out if the problem had been solved. The Dan Daniel, 20 years ago. of here yesterday that has already been problem is no one had consulted with In closing, Mr. Speaker, I would like said by Democrats in the Senate that the Democratic Senate, which had de- to say that the measure passed yester- it’s dead on arrival and that it’s going clared it dead on arrival. day for the Commonwealth of Virginia to be vetoed by the President. Now, for a bill to become law, it must was a hoax and a sham. It provides no Why didn’t this body take the oppor- pass both Chambers and be signed by funds for the Commonwealth, for its tunity to make sure that we adopted the President of the United States. offshore natural gas and its offshore an energy policy that was going to be Only in that way can meaningful crude oil. I have talked with members in the best long-term interest to this American energy security and inde- of the General Assembly. They will be Nation, that had a chance of passing pendence be secured. That is why I very reluctant to adopt any drill policy and that had a chance of making a dif- have introduced House Concurrent Res- when they are not treated the same as ference in the gas prices of our men olution 417 that says that it is the , Louisiana, Mississippi and Ala- and women out there that their fami- sense of this Congress that we will not bama. We need to be fair to encourage lies have to deal with each and every adjourn until meaningful energy legis- drilling. day? That is reprehensible. We had a lation has been passed into law to help the American people through this dif- f great opportunity yesterday that we missed, that we did not take advantage ficult time. FLAGS OVER MANTECA, Now, again, I have to do this because of, Mr. Speaker, and I tell you this Na- CALIFORNIA there seem to be some who think that tion will suffer for it. (Mr. MCNERNEY asked and was simply passing a sham energy bill for f given permission to address the House political cover out of this body is going for 1 minute and to revise and extend b 1015 to help any American struggling at the pump. It will not. Let them put your his remarks.) DEMOCRATS WANT TO JUMP Mr. MCNERNEY. Mr. Speaker, I rise money where their mouth is and stay START THIS ECONOMY BY PASS- here until they get the job done. today to commemorate the dedication ING A NEW ECONOMIC RECOV- f of so many volunteers who eight times ERY PLAN a year line the streets of Manteca, IMMIGRATION REFORM (Mr. BRALEY of Iowa asked and was California, with 2,400 flags in a stun- (Mr. BACA asked and was given per- ning display of patriotism. Flags Over given permission to address the House for 1 minute and to revise and extend mission to address the House for 1 Manteca began after September 11 to minute.) recognize those who lost their lives on his remarks.) Mr. BRALEY of Iowa. Mr. Speaker, Mr. BACA. Mr. Speaker, I’m here on that day and all Americans who have behalf of immigrant families who oth- sacrificed in service to our country. the crisis on Wall Street impacts Americans across the country. In the erwise would not have a voice. There Each morning on days of remem- are those who insist that undocu- brance during the year, volunteers and coming days, House Democrats will continue our efforts to revive the econ- mented immigrants have broken the service groups place flags along eight law, that they are criminals, but what miles of Manteca’s main roads to cele- omy and end the free for all on Wall Street and restore confidence on Main image do you get when you hear that brate our country’s heroes. Coordi- someone is a criminal? Your image is nating it all is the Manteca Chamber of Street. Democrats have restored the kind of of a murderer, of a thief, of a drug deal- Commerce and volunteer Les Thomas er, of someone who intensely wants to who arrives early to ensure that every- oversight that was missing under President Bush and the Republican hurt another person. one knows what to do. He is there at These families who are wrongly Congress. The GOP decision to turn a the end of the day to receive all 2,400 called ‘‘criminals’’ come to the United blind eye to financial markets helped flags and carefully pack them away States without the intent to hurt any- pave the way for the financial crisis until the next holiday. one. Yet there are anti-immigrant at- that has brought down home values The event has become so meaningful tacks that continue to say otherwise. across the country and has signifi- that volunteers arrive at 4:30 in the What happened to the Ten Command- cantly weakened our economy. Demo- morning to have the privilege of plac- ments? to love thy neighbor? ing flags in honor of those who will not crats have and will continue to do There are those who say that these be forgotten. things differently. families should play by the rules. The Today I commend all those who This month, Democrats will work to rules now are to form a line and to make Flags Over Manteca work. I hope enact a second economic recovery wait many years and to pay a huge it continues to memorialize the sac- package that will help Americans who fine, but the reality is the immigration rifices of our Nation’s heroes. have lost their jobs or who are barely process is so complicated that some of making ends meet, and they will create f us would have a difficult time getting good-paying jobs. That’s what we need A MISSED OPPORTUNITY through it. We need comprehensive im- in our flood-ravaged communities in migration reform to address the 12 to (Mr. WITTMAN of Virginia asked and Iowa. 14 million people in the United States was given permission to address the Mr. Speaker, these Bush-McCain eco- to play by the rules and to also fix this House for 1 minute and to revise and nomic policies have put America in an broken system. extend his remarks.) economic hole. This month, Repub- I urge my colleagues to support com- Mr. WITTMAN of Virginia. Mr. licans will again have a clear choice. prehensive immigration. Speaker, yesterday we had a great op- Stand with the Bush-McCain plan for f portunity to put forward a bipartisan more of the same or take action to aid approach to solve this Nation’s energy families who are struggling. UNFAIR AND UNBALANCED TRADE problems. Unfortunately, we didn’t do f DEALS that. We had a bill that arrived at the (Mr. KAGEN asked and was given last minute to us with very little time HOUSE CONCURRENT RESOLUTION permission to address the House for 1 to look over and no attempt to make 417 minute and to revise and extend his re- sure that it included the best ideas on (Mr. MCCOTTER asked and was given marks.) how to solve this Nation’s energy prob- permission to address the House for 1 Mr. KAGEN. Mr. Speaker, in Wis- lems. minute.) consin and throughout the Nation,

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.002 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8281 manufacturing has been the backbone for them to do something to end our sacrifice, investment and opportunity of our economy and of our commu- dependence on foreign oil, but despite for all, but over the last few years, nities, but during the past decade, their constant cry of ‘‘drill, baby, we’ve seen the focus being on the we’ve seen many of our jobs being drill,’’ the Republicans didn’t act on wealthiest 1 percent in America to the shipped overseas, not because we are this issue when they had control, and 2 exclusion of the rest of us, and that not hardworking and not because we years ago, the American people voted House of cards has come tumbling are not producing high-quality prod- for new leadership in Congress. down on Wall Street over the last cou- ucts but, rather, because of unfair and Well, yesterday, that new leader- ple of weeks with the failures of the unbalanced trade deals. ship—the Democrats in this House—an- biggest corporations in America. The free enterprise system depends swered the call by passing a landmark The policies of this administration upon working Americans having a com- energy bill that triples the available not to regulate and the policies to only petitive workforce and productive em- territory for offshore drilling. Let me borrow and spend are causing this ployees. These are vital to the success repeat that. The bill we passed yester- country turmoil, and the hardworking of every business be it large or small. day triples the amount of territory in people in the middle are going to have Congress will soon vote on an eco- the Outer Continental Shelf that is to pick up the pieces. It is time for re- nomic stimulus package that contains available for drilling. newal. It is time for a change. The poli- $500 million for worker and job training Predictably, many in the minority cies of the Democrats and of BARACK assistance. Included in that legislation demonstrated by their votes that OBAMA are going to change the direc- is a piece that I had the opportunity to they’re more interested in having a po- tion of this Nation and make it strong- write, entitled the ‘‘Incumbent Worker litical issue for the coming election er and make it the Nation that it can Development Act.’’ This legislation than they are in actually solving the be. will guarantee that States and Federal problem. While Democrats have taken f Governments work together to train decisive action by passing a com- THE TROUBLED STATE OF THE our workers. prehensive energy bill that includes an This is not a time for ideology. This unprecedented expansion of offshore AMERICAN ECONOMY is a time for action, and I encourage all drilling, Republicans, as you will hear (Mr. HALL of New York asked and of us to vote for this stimulus package. today, are still just talking. was given permission to address the f f House for 1 minute and to revise and extend his remarks.) REPUBLICANS CLAIM THEY WANT MCCAIN’S ASSESSMENT OF THE Mr. HALL of New York. Mr. Speaker, ALL OF THE ABOVE BUT HAVE ECONOMY SHOWS THAT HE the last few days have clearly dem- DONE NOTHING TO LOWER GAS REALLY IS NOT AN EXPERT ON onstrated that the troubled state that PRICES THE ECONOMY our economy is in is more serious than (Mr. SIRES asked and was given per- (Mr. COURTNEY asked and was we thought. The Bush administration’s mission to address the House for 1 given permission to address the House mismanagement of the American econ- minute.) for 1 minute and to revise and extend omy has officially caused a housing Mr. SIRES. Mr. Speaker, both Demo- his remarks.) crisis to snowball and jeopardize the crats and Republicans have been talk- Mr. COURTNEY. Mr. Speaker, in De- entire economy. ing about high gas prices for months. cember, Senator MCCAIN admitted that Lehman Brothers and Merrill Lynch, At first, Republicans said we just need- he is not an economic expert when he established companies that survived ed to drill, drill, drill, but then they stated ‘‘The issue of economics is not the Great Depression, have declared joined us in saying that a more com- something I’ve understood as well as I bankruptcy or have been sold off to prehensive, all-of-the-above proposal should.’’ He went on to say, though, survive. Both companies employ thou- was in order. It turns out it was just all that he had Alan Greenspan’s book. sands of people from my district, the talk. Well, clearly, Senator MCCAIN should 19th District of New York, and no one Democrats have been trying to re- listen to Greenspan, who called this seems to know what will happen to verse the failed Bush policies of the week’s financial news a once-in-a-cen- these workers or to their families. past, but Republicans keep saying no. tury type of financial crisis. Unfortu- But it’s not just Wall Street suf- We proposed legislation to crack down nately, Senator MCCAIN was not listen- fering. Wages have stagnated; expenses on price gouging and to curb excess ing because his response to the cata- continue to rise. American families can speculation. Republicans said no. We strophic economic events of this week no longer afford to buy necessities, proposed lowering gas prices imme- was ‘‘the fundamentals of our economy much less to invest in the future. diately by tapping the Strategic Petro- are strong,’’ and he called for the old- Mr. Speaker, when President Bush leum Reserve. Republicans said no. We est, lamest Washington trick in the took office 8 years ago, he inherited a proposed legislation that would force book—the creation of a study commis- flourishing economy and a record budg- Big Oil to drill on 68 million acres of sion. et surplus. Now, as he leaves office 8 land to increase oil production here at We don’t need a commission to know years later with 8 years of misrule and home. Republicans again said no. that 600,000 Americans have lost their a lack of oversight, those days are Yesterday, we passed an all-of-the- jobs in the last year, that the median clearly gone. above energy package to bring down income for working Americans has fall- I hope we make the right choice for prices and to invest in America’s en- en over $2,000 a year over the last 8 our next President and elect BARACK ergy future, but again, Republicans years. Those are not strong fundamen- OBAMA, who will understand how to voted no. tals. deal with the complexities of our eco- Mr. Speaker, it seems like Repub- Mr. Speaker, at a time when every nomic situation. licans don’t actually want to resolve economic expert agrees that our econ- f the crisis. They just want to talk about omy is in crisis, we need someone in PASSING A COMPREHENSIVE the crisis. the White House who is ready and will- ENERGY BILL f ing to act now to fix it, and clearly, that person is not Senator MCCAIN. (Mr. WELCH of Vermont asked and REPUBLICANS ARE STILL JUST f was given permission to address the TALKING House for 1 minute and to revise and (Mr. ALTMIRE asked and was given IT IS TIME FOR A CHANGE IN THE extend his remarks.) permission to address the House for 1 POLICIES OF THIS NATION Mr. WELCH of Vermont. Mr. Speak- minute.) (Mr. PERLMUTTER asked and was er, yesterday, the House of Representa- Mr. ALTMIRE. Mr. Speaker, for 6 given permission to address the House tives passed a comprehensive energy years, the Republicans had control of for 1 minute.) bill, regrettably with almost undivided Congress and of the White House, and Mr. PERLMUTTER. Mr. Speaker, Republican opposition. That was dis- for 6 years, the American people waited this country was really founded upon appointing because we had a chance to

VerDate Aug 31 2005 04:43 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.003 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8282 CONGRESSIONAL RECORD — HOUSE September 17, 2008 work together. In fact, this bill incor- prehensive and sensible firearm legislation Addressing the holding in Parker, the Su- porated two things—one, a recognition which the Childers/Souder amendment not preme Court noted that the District’s approach that we need to continue getting the only eviscerates but allows residents and fed- ‘‘totally bans handgun possession in the supply of oil to make it from here to eral officials to places in immense danger. home.’’ The Court then declared that the in- there, but second, we needed a sustain- CHILDERS/SOUDER AMENDMENT herent right of self-defense is central to the able revenue source to invest in R&D The Childers/Souder Amendment in the Na- Second Amendment right, and that the Dis- and to invest in implementing alter- ture of a Substitute completely destroys the trict’s handgun ban amounted to a prohibition native energy projects. The energy sensible Norton/Waxman Home Rule bill. of an entire class of arms that has been over- plan of the Republicans, cooked up by The dangerous consequences include: whelmingly utilized by American society for Vice President CHENEY in secret, has No gun registration to let the police know that purpose. been very good for the American oil who has guns and to trace guns used in The Court also struck down as unconstitu- companies, not for the American con- crimes. tional the requirement that any lawful firearm sumers. No regulation of guns, only a bare federal in the home be disassembled or bound by a So far this year, oil companies in a statute resulting in one of the most permissive trigger lock, as such a requirement ‘‘makes it down economy have raked in $44 billion gun laws in the Nation—post 9/11. impossible for citizens to use arms for the in profits. That’s seven times the No age limit for possession of guns, includ- core lawful purpose of self-defense.’’ amount of profits Big Oil brought in ing military-style weapons. FIREARMS AND YOUTH when President Bush was first sworn Permits a person who is voluntarily com- Right here in America according to the Har- into office. mitted to a mental institution to own a gun the vard Injury Control Research Center, Harvard What has the energy plan done that day after he gets out. School of Public Health approximately 2,500 the President pursues or that our col- Federal law forbids a person to cross State black youth (aged 15–24) die annually from leagues on the other side pursue? $4 lines to purchase a gun and bring it back, but gun homicide, 950 Hispanic youths and 600 gasoline. It’s costing $2,500 more to this makes an exception uniquely for District white youth. For gun suicides, it’s about 1,600 heat your homes. residents to cross State lines to purchase white youths annually, 300 black youths and Mr. President, it’s time for us to guns and bring them back from Maryland and 200 Hispanic youths. work together and to get our col- Virginia. Between 20 percent and 50 percent of chil- leagues in the Senate to pass that bill. Requires a ‘‘gun show loophole,’’ which dren in the United States are touched by vio- avoids background checks in the nation’s cap- lence, either as victims or, even more com- f ital, i.e., District of Columbia residents can monly, as witnesses. And sadly for every child ANNOUNCEMENT BY THE SPEAKER purchase weapons from private individuals killed by a gun, four are injured according to PRO TEMPORE and at gun shows without background checks. the national estimates of nonfatal firearm-re- The SPEAKER pro tempore. The gen- DISTRICT OF COLUMBIA lated injuries by the Journal of the American tleman will address his remarks to the The District of Columbia (the District) is a Medical Association. Chair. local self-governing jurisdiction and the seat of TEXAS f the United States Government, with unique In the U.S., the leading cause of death for Federal responsibilities. It is here that the African-Americans ages 15–24 and 25–34 is NATIONAL CAPITAL SECURITY President, the Vice President, and many cabi- homicide, with the overwhelming majority (90 AND SAFETY ACT net and other Federal officials reside. percent and 87 percent, respectively) com- The SPEAKER pro tempore. Pursu- Unregulated firearms in the capital would mitted with firearms. Homicide is the second ant to House Resolution 1434 and rule preclude the ability of the District Metropolitan leading cause of death for African-Americans XVIII, the Chair declares the House in Police Department to track guns through reg- ages 10–14, with firearm-related deaths ac- the Committee of the Whole House on istration and otherwise help ensure that guns counting for 70 percent of these deaths. the state of the Union for the further do not endanger Federal officials and employ- Every day in Texas someone dies or is se- consideration of the bill, H.R. 6842. ees, visiting dignitaries, and other individuals. verely injured as a result of gun violence. Tex- ans die from suicide, accidents, and crime. In b 1028 REVISION OF DISTRICT OF COLUMBIA FIREARMS LAWS AND DISTRICT OF COLUMBIA V. HELLER 2004, 2,342 people died from firearm-related IN THE COMMITTEE OF THE WHOLE The revised firearm legislation requires the injuries in Texas. We hear about these deaths Accordingly, the House resolved District within 6 months after enactment, to re- every day: depressed teenagers and spouses itself into the Committee of the Whole vise its laws governing the possession and taking their own lives, children finding a load- House on the state of the Union for the use of firearms as necessary to comply with ed gun at a friend’s house, gun related crime, further consideration of the bill (H.R. the decision of the Supreme Court in District etc. We hear about it so often; we have be- 6842) to require the District of Colum- of Columbia v. Heller. It also amends the Fire- come numb to it and feel nothing can be bia to revise its laws regarding the use arms Control Regulations Act of 1975 by add- done. and possession of firearms as necessary ing a new section requiring the Mayor and the FIREARMS to comply with the requirements of the Council of the District to ensure that the Dis- While we speak of dignitaries, members of decision of the Supreme Court in the trict’s firearms laws are consistent with Heller. Congress, and the executive—the fact is that case of District of Columbia v. Heller, In Heller, the Supreme Court ruled in a 5– it is our children that are most at risk. We can- in a manner that protects the security 4 decision that the Second Amendment to the not allow a vague interpretation of the Second interests of the Federal government Constitution protects an individual’s right to Amendment to put our children at risk and and the people who work in, reside in, possess a firearm, irrespective of service in a move guns on our streets. or visit the District of Columbia and militia, and to use that arm for traditionally It is our young African-American and His- does not undermine the efforts of law lawful purposes such as self-defense within panic men who are frequently caught up in enforcement, homeland security, and the home. this system. Among youth ages 15–24, fire- military officials to protect the Na- The decision in Heller affirmed the holding arms rank as the leading cause of death for tion’s capital from crime and ter- in Parker v. District of Columbia, wherein the African-Americans and the second leading rorism, with Mr. ALTMIRE (Acting Court of Appeals for the District of Columbia cause of death for whites and Hispanic youth. Chairman) in the chair. declared three provisions of the District’s Fire- With over 5,049 federally licensed firearms The Clerk read the title of the bill. arms Control Regulation Act to be unconstitu- dealers and pawnbrokers in Texas alone, how Ms. JACKSON-LEE of Texas. Mr. Chair- tional: D.C. Code § 7–2502.02, which gen- many more guns on our streets do we need? man, first and foremost, I think it is imperative erally barred the registration of handguns; CONCLUSION that we understand that the security and safe- § 22–4504, which prohibited carrying a pistol Mr. Chairman I urge my colleagues to think ty of our Nation’s capitol should be of vital im- without a license, insofar as that provision about the safe of our children. Is there not al- portance to all Americans, not simply the resi- would prevent a registrant from moving a gun ready enough violence? For all the firearms in dents of the District of Columbia. from one room to another within his or her Afghanistan and Iraq is it helping them? Do My dear colleague and District of Columbia home; and § 7–2507.02, which required that more guns on our streets make them safer? I Representative, Congresswoman ELEANOR all lawfully owned firearms be kept unloaded think we all know the answer is a resounding HOLMES NORTON along with Congressman and disassembled or bound by a trigger lock ‘‘no.’’ I am not asking that we remove all fire- HENRY WAXMAN of California, drafted com- or similar device. arms from the hands of every responsible and

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4634 Sfmt 9920 E:\CR\FM\K17SE7.005 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8283 law-abiding American, but I ask that we sup- 303.43, D.C. Official Code) is amended by add- (A) in subsection (a), by striking ‘‘the Dis- port sensible and comprehensive firearm legis- ing at the end the following: ‘‘Nothing in trict;’’ and all that follows and inserting the lation such as the Norton/Waxman approach. this section or any other provision of law following: ‘‘the District, except that a person The Acting CHAIRMAN. When the shall authorize, or shall be construed to per- may engage in hand loading, reloading, or mit, the Council, the Mayor, or any govern- custom loading of ammunition for firearms Committee of the Whole rose on Tues- mental or regulatory authority of the Dis- lawfully possessed under this Act.’’; and day, September 16, 2008, a request for a trict of Columbia to prohibit, constructively (B) in subsection (b), by striking ‘‘which recorded vote on the amendment print- prohibit, or unduly burden the ability of per- are unregisterable under section 202’’ and in- ed in House Report 110–852 by the gen- sons not prohibited from possessing firearms serting ‘‘which are prohibited under section tleman from Mississippi (Mr. CHILDERS) under Federal law from acquiring, possessing 201’’. had been postponed. in their homes or businesses, or using for (4) Section 402 (sec. 7–2504.02, D.C. Official sporting, self-protection or other lawful pur- Code) is amended— AMENDMENT OFFERED BY MR. CHILDERS poses, any firearm neither prohibited by Fed- (A) in subsection (a), by striking ‘‘Any per- Pursuant to clause 6 of rule XVIII, eral law nor subject to the National Fire- son eligible to register a firearm’’ and all the unfinished business is the request arms Act. The District of Columbia shall not that follows through ‘‘such business,’’ and for a recorded vote on the amendment have authority to enact laws or regulations inserting the following: ‘‘Any person not printed in House Report 110–852 by the that discourage or eliminate the private otherwise prohibited from possessing or re- gentleman from Mississippi (Mr. ownership or use of firearms. Nothing in the ceiving a firearm under Federal or District CHILDERS) on which further pro- previous two sentences shall be construed to law, or from being licensed under section 923 ceedings were postponed and on which prohibit the District of Columbia from regu- of title 18, United States Code,’’; and the noes prevailed by voice vote. lating or prohibiting the carrying of firearms (B) in subsection (b), by amending para- The Clerk will redesignate the by a person, either concealed or openly, graph (1) to read as follows: other than at the person’s dwelling place, ‘‘(1) The applicant’s name;’’. amendment. place of business, or on other land possessed (5) Section 403(b) (sec. 7–2504.03(b), D.C. Of- The text of the amendment is as fol- by the person.’’. ficial Code) is amended by striking ‘‘reg- lows: SEC. 4. REPEAL D.C. SEMIAUTOMATIC BAN. istration certificate’’ and inserting ‘‘dealer’s Amendment offered by Mr. CHILDERS: (a) IN GENERAL.—Section 101(10) of the license’’. Strike all after the enacting clause and in- Firearms Control Regulations Act of 1975 (6) Section 404(a)(3) (sec. 7–2504.04(a)(3)), sert the following: (sec. 7–2501.01(10), D.C. Official Code) is D.C. Official Code) is amended— SECTION 1. SHORT TITLE. amended to read as follows: (A) in subparagraph (B)(i), by striking This Act may be cited as the ‘‘Second ‘‘(10) ‘Machine gun’ means any firearm ‘‘registration certificate number (if any) of Amendment Enforcement Act’’. which shoots, is designed to shoot, or readily the firearm,’’; SEC. 2. CONGRESSIONAL FINDINGS. restored to shoot automatically, more than 1 (B) in subparagraph (B)(iv), by striking Congress finds the following: shot without manual reloading by a single ‘‘holding the registration certificate’’ and in- (1) The Second Amendment to the United function of the trigger, and includes the serting ‘‘from whom it was received for re- States Constitution provides that the right frame or receiver of any such weapon, any pair’’; of the people to keep and bear arms shall not part designed and intended solely and exclu- (C) in subparagraph (C)(i), by striking ‘‘and be infringed. sively, or combination of parts designed and registration certificate number (if any) of (2) As the Congress and the Supreme Court intended, for use in converting a weapon into the firearm’’; of the United States have recognized, the a machine gun, and any combination of parts (D) in subparagraph (C)(ii), by striking Second Amendment to the United States from which a machine gun can be assembled ‘‘registration certificate number or’’; and Constitution protects the rights of individ- if such parts are in the possession or under (E) by striking subparagraphs (D) and (E). uals, including those who are not members of the control of a person.’’. (7) Section 406(c) (sec. 7–2504.06(c), D.C. Of- a militia or engaged in military service or (b) CONFORMING AMENDMENT TO PROVISIONS ficial Code) is amended to read as follows: training, to keep and bear arms. SETTING FORTH CRIMINAL PENALTIES.—Sec- ‘‘(c) Within 45 days of a decision becoming (3) The law-abiding citizens of the District tion 1(c) of the Act of July 8, 1932 (47 Stat. effective which is unfavorable to a licensee of Columbia are deprived by local laws of 651; sec. 22–4501(c), D.C. Official Code) is or to an applicant for a dealer’s license, the handguns, rifles, and shotguns that are com- amended to read as follows: licensee or application shall— monly kept by law-abiding persons through- ‘‘(c) ‘Machine gun’, as used in this Act, has ‘‘(1) lawfully remove from the District all out the United States for sporting use and the meaning given such term in section destructive devices in his inventory, or for lawful defense of their persons, homes, 101(10) of the Firearms Control Regulations peaceably surrender to the Chief all destruc- businesses, and families. Act of 1975.’’. tive devices in his inventory in the manner (4) The District of Columbia has the high- SEC. 5. REPEAL REGISTRATION REQUIREMENT. provided in section 705; and est per capita murder rate in the Nation, (a) REPEAL OF REQUIREMENT.— ‘‘(2) lawfully dispose, to himself or to an- which may be attributed in part to local (1) IN GENERAL.—Section 201(a) of the Fire- other, any firearms and ammunition in his laws prohibiting possession of firearms by arms Control Regulations Act of 1975 (sec. 7– inventory.’’. law-abiding persons who would otherwise be 2502.01(a), D.C. Official Code) is amended by (8) Section 407(b) (sec. 7–2504.07(b), D.C. Of- able to defend themselves and their loved striking ‘‘any firearm, unless’’ and all that ficial Code) is amended by striking ‘‘would ones in their own homes and businesses. follows through paragraph (3) and inserting not be eligible’’ and all that follows and in- (5) The Federal Gun Control Act of 1968, as the following: ‘‘any firearm described in sub- serting ‘‘is prohibited from possessing or re- amended by the Firearms Owners’ Protec- section (c).’’. ceiving a firearm under Federal or District tion Act of 1986, and the Brady Handgun Vio- (2) DESCRIPTION OF FIREARMS REMAINING IL- law.’’. lence Prevention Act of 1993, provide com- LEGAL.—Section 201 of such Act (sec. 7– (9) Section 502 (sec. 7–2505.02, D.C. Official prehensive Federal regulations applicable in 2502.01, D.C. Official Code) is amended by Code) is amended— the District of Columbia as elsewhere. In ad- adding at the end the following new sub- (A) by amending subsection (a) to read as dition, existing District of Columbia crimi- section: follows: nal laws punish possession and illegal use of ‘‘(c) A firearm described in this subsection ‘‘(a) Any person or organization not pro- firearms by violent criminals and felons. is any of the following: hibited from possessing or receiving a fire- Consequently, there is no need for local laws ‘‘(1) A sawed-off shotgun. arm under Federal or District law may sell which only affect and disarm law-abiding ‘‘(2) A machine gun. or otherwise transfer ammunition or any citizens. ‘‘(3) A short-barreled rifle.’’. firearm, except those which are prohibited (6) Officials of the District of Columbia (3) CONFORMING AMENDMENT.—The heading under section 201, to a licensed dealer.’’; have indicated their intention to continue to of section 201 of such Act (sec. 7–2502.01, D.C. (B) by amending subsection (c) to read as unduly restrict lawful firearm possession and Official Code) is amended by striking ‘‘Reg- follows: use by citizens of the District. istration requirements’’ and inserting ‘‘Fire- ‘‘(c) Any licensed dealer may sell or other- (7) Legislation is required to correct the arm Possession’’. wise transfer a firearm to any person or or- District of Columbia’s law in order to restore (b) CONFORMING AMENDMENTS TO FIREARMS ganization not otherwise prohibited from the fundamental rights of its citizens under CONTROL REGULATIONS ACT.—The Firearms possessing or receiving such firearm under the Second Amendment to the United States Control Regulations Act of 1975 is amended Federal or District law.’’; Constitution and thereby enhance public as follows: (C) in subsection (d), by striking para- safety. (1) Sections 202 through 211 (secs. 7–2502.02 graphs (2) and (3); and SEC. 3. REFORM D.C. COUNCIL’S AUTHORITY TO through 7–2502.11, D.C. Official Code) are re- (D) by striking subsection (e). RESTRICT FIREARMS. pealed. (10) Section 704 (sec. 7–2507.04, D.C. Official Section 4 of the Act entitled ‘‘An Act to (2) Section 101 (sec. 7–2501.01, D.C. Official Code) is amended— prohibit the killing of wild birds and wild Code) is amended by striking paragraph (13). (A) in subsection (a), by striking ‘‘any reg- animals in the District of Columbia’’, ap- (3) Section 401 (sec. 7–2504.01, D.C. Official istration certificate or’’ and inserting ‘‘a’’; proved June 30, 1906 (34 Stat. 809; sec. 1– Code) is amended— and

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.056 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8284 CONGRESSIONAL RECORD — HOUSE September 17, 2008 (B) in subsection (b), by striking ‘‘registra- Blunt Graves Pence Frank (MA) Lofgren, Zoe Schakowsky tion certificate,’’. Boehner Green, Gene Peterson (MN) Gilchrest Lowey Schiff Bonner Hall (TX) Petri Gonzalez Lynch (c) OTHER CONFORMING AMENDMENTS.—Sec- Schwartz Bono Mack Hastings (WA) Pickering Green, Al Maloney (NY) Scott (GA) tion 2(4) of the Illegal Firearm Sale and Dis- Boozman Hayes Platts Grijalva Markey tribution Strict Liability Act of 1992 (sec. 7– Scott (VA) Boren Heller Poe Gutierrez Matsui Serrano 2531.01(2)(4), D.C. Official Code) is amended— Boswell Hensarling Pomeroy Hall (NY) McCarthy (NY) Sestak (1) in subparagraph (A), by striking ‘‘or ig- Boucher Herger Porter Hare McCollum (MN) Shays Harman McDermott noring proof of the purchaser’s residence in Boustany Herseth Sandlin Price (GA) Sherman Boyd (FL) Higgins Hastings (FL) McGovern the District of Columbia’’; and Pryce (OH) Sires Boyda (KS) Hill Hinojosa McNulty (2) in subparagraph (B), by striking ‘‘reg- Putnam Slaughter Broun (GA) Hinchey Radanovich Hirono Meeks (NY) istration and’’. Smith (NJ) Brown (SC) Hobson Rahall Holt Miller (NC) Smith (WA) SEC. 6. REPEAL HANDGUN AMMUNITION BAN. Brown-Waite, Hodes Rehberg Honda Miller, George Snyder Section 601(3) of the Firearms Control Reg- Ginny Holden Reichert Hooley Moore (WI) Solis ulations Act of 1975 (sec. 7–2506.01(3), D.C. Of- Buchanan Hunter Renzi Hoyer Moran (VA) Speier ficial Code) is amended by striking ‘‘is the Burgess Inglis (SC) Reyes Inslee Murphy (CT) Burton (IN) Issa Israel Nadler Stark holder of the valid registration certificate Reynolds Buyer Johnson (IL) Rodriguez Jackson (IL) Napolitano Sutton for’’ and inserting ‘‘owns’’. Calvert Johnson, Sam Rogers (AL) Jackson-Lee Neal (MA) Tauscher SEC. 7. RESTORE RIGHT OF SELF DEFENSE IN Camp (MI) Jones (NC) Rogers (KY) (TX) Norton Thompson (MS) THE HOME. Campbell (CA) Jordan Rogers (MI) Jefferson Olver Tierney Section 702 of the Firearms Control Regu- Cannon Kagen Rohrabacher Johnson (GA) Pallone Towns Johnson, E. B. Pascrell lations Act of 1975 (sec. 7–2507.02, D.C. Offi- Capito Kanjorski Ros-Lehtinen Tsongas Cardoza Keller Kaptur Pastor cial Code) is repealed. Roskam Van Hollen Carney Kind Ross Kennedy Payne Vela´ zquez Kildee SEC. 8. REMOVE CRIMINAL PENALTIES FOR POS- Carter King (IA) Royce Perlmutter Visclosky Cazayoux Kilpatrick Price (NC) SESSION OF UNREGISTERED FIRE- Kingston Ryan (OH) Wasserman Chabot King (NY) Ramstad ARMS. Kline (MN) Ryan (WI) Schultz Chandler Knollenberg Kirk Rangel (a) IN GENERAL.—Section 706 of the Fire- Salazar Waters Klein (FL) Richardson arms Control Regulations Act of 1975 (sec. 7– Childers Kuhl (NY) Sali Kucinich Rothman Watson Coble LaHood Saxton 2507.06, D.C. Official Code) is amended— Langevin Roybal-Allard Watt Cole (OK) Lamborn Scalise (1) by striking ‘‘that:’’ and all that follows Larsen (WA) Ruppersberger Waxman Conaway Latham Schmidt through ‘‘(1)A’’ and inserting ‘‘that a’’; and Cooper LaTourette Lee Rush Weiner Sensenbrenner Costa Latta Levin Sa´ nchez, Linda Wexler (2) by striking paragraph (2). Sessions Costello Lewis (CA) Lewis (GA) T. Woolsey (b) EFFECTIVE DATE.—The amendments Shadegg Cramer Lewis (KY) Lipinski Sanchez, Loretta Wu made by subsection (a) shall apply with re- Shea-Porter Crenshaw Linder Loebsack Sarbanes Yarmuth spect to violations occurring after the 60-day Shimkus Cuellar LoBiondo Shuler period which begins on the date of the enact- Culberson Lucas ANSWERED ‘‘PRESENT’’—1 Shuster ment of this Act. Davis (AL) Lungren, Daniel Obey Simpson Davis (KY) E. SEC. 9. REMOVE CRIMINAL PENALTIES FOR CAR- Skelton RYING A FIREARM IN ONE’S DWELL- Davis, David Mack NOT VOTING—17 Smith (NE) ING OR OTHER PREMISES. Davis, Lincoln Mahoney (FL) Smith (TX) Bachmann Dreier Larson (CT) Deal (GA) Manzullo (a) IN GENERAL.—Section 4(a) of the Act of Souder Bishop (NY) Ehlers Neugebauer DeFazio Marchant ˜ July 8, 1932 (47 Stat. 651; sec. 22–4504(a), D.C. Space Brady (TX) Fortuno Peterson (PA) Dent Marshall Cantor Hoekstra Pitts Official Code) is amended— Diaz-Balart, L. Matheson Spratt Stearns Christensen Hulshof Regula (1) in the matter before paragraph (1), by Diaz-Balart, M. McCarthy (CA) Cubin Lampson striking ‘‘a pistol,’’ and inserting the fol- Dingell McCaul (TX) Stupak lowing: ‘‘except in his dwelling house or Donnelly McCotter Sullivan Tancredo place of business or on other land possessed Doolittle McCrery b 1058 Drake McHenry Tanner by that person, whether loaded or unloaded, Taylor Messrs. GEORGE MILLER of Cali- a firearm,’’; and Duncan McHugh Edwards (TX) McIntyre Terry fornia, FILNER, RANGEL, COHEN, (2) by striking ‘‘except that:’’ and all that Ellsworth McKeon Thompson (CA) ACKERMAN, EMANUEL, SHAYS, follows through ‘‘(2) If the violation’’ and in- Emerson McMorris Thornberry Tiahrt RUSH, Ms. SOLIS, Mrs. NAPOLITANO, serting ‘‘except that if the violation’’. English (PA) Rodgers ´ (b) CONFORMING AMENDMENT.—Section 5 of Everett McNerney Tiberi Ms. VELAZQUEZ, Ms. MCCOLLUM of such Act (47 Stat. 651; sec. 22–4505, D.C. Offi- Fallin Meek (FL) Turner Minnesota, Messrs. FATTAH, CON- Udall (CO) cial Code) is amended— Feeney Melancon YERS, ROTHMAN, BECERRA and Ms. Flake Mica Udall (NM) (1) by striking ‘‘pistol’’ each place it ap- Forbes Michaud Upton KAPTUR changed their vote from pears and inserting ‘‘firearm’’; and Fortenberry Miller (FL) Walberg ‘‘aye’’ to ‘‘no.’’ (2) by striking ‘‘pistols’’ each place it ap- Fossella Miller (MI) Walden (OR) Messrs. SMITH of Nebraska, COLE of pears and inserting ‘‘firearms’’. Foster Miller, Gary Walsh (NY) Walz (MN) Oklahoma, Ms. GINNY BROWN-WAITE SEC. 10. AUTHORIZING PURCHASES OF FIRE- Foxx Mitchell Wamp of Florida, Messrs. KINGSTON, ABER- ARMS BY DISTRICT RESIDENTS. Franks (AZ) Mollohan Frelinghuysen Moore (KS) Welch (VT) CROMBIE, and Ms. PRYCE of Ohio Section 922 of title 18, United States Code, Gallegly Moran (KS) Weldon (FL) changed their vote from ‘‘no’’ to ‘‘aye.’’ is amended in paragraph (b)(3) by inserting Garrett (NJ) Murphy, Patrick Weller after ‘‘other than a State in which the li- Gerlach Murphy, Tim Westmoreland So the amendment was agreed to. censee’s place of business is located’’ the fol- Giffords Murtha Whitfield (KY) The result of the vote was announced lowing: ‘‘, or to the sale or delivery of a Gillibrand Musgrave Wilson (NM) as above recorded. handgun to a resident of the District of Co- Gingrey Myrick Wilson (OH) Stated for: lumbia by a licensee whose place of business Gohmert Nunes Wilson (SC) Goode Oberstar Wittman (VA) Mrs. BACHMANN. Mr. Chairman, today I is located in Maryland or Virginia,’’. Goodlatte Ortiz Wolf was unexpectedly detained and unable to vote RECORDED VOTE Gordon Paul Young (AK) on the Childers Amendment in the Nature of Granger Pearce Young (FL) The Acting CHAIRMAN. A recorded a Substitute to H.R. 6842, the National Capital vote has been demanded. NOES—160 Security and Safety Act (Roll No. 600.) Had I A recorded vote was ordered. Ackerman Carson Delahunt been present I would have voted ‘‘aye.’’ The vote was taken by electronic de- Andrews Castle DeLauro Mrs. BLACKBURN. Mr. Chairman, I rise in vice, and there were—ayes 260, noes 160, Baldwin Castor Dicks support of H.R. 6842, The Second Amend- answered ‘‘present’’ 1, not voting 17, as Bean Clarke Doggett ment Enforcement Act. Earlier this year, the Becerra Clay Doyle follows: Berkley Cleaver Edwards (MD) Supreme Court rightly overturned the uncon- [Roll No. 600] Berman Clyburn Ellison stitutional gun ban enforced by the District of Blumenauer Cohen Emanuel Columbia. AYES—260 Bordallo Conyers Engel Abercrombie Baca Berry Brady (PA) Courtney Eshoo The Court recognized what Tennesseans Aderholt Bachus Biggert Braley (IA) Crowley Etheridge have always known, that the second amend- Akin Baird Bilbray Brown, Corrine Cummings Faleomavaega ment applies to individuals, and that all law- Alexander Barrett (SC) Bilirakis Butterfield Davis (CA) Farr abiding Americans have an inherent right to Allen Barrow Bishop (GA) Capps Davis (IL) Fattah Altmire Bartlett (MD) Bishop (UT) Capuano Davis, Tom Ferguson self-defense. The ruling was a victory for free- Arcuri Barton (TX) Blackburn Carnahan DeGette Filner dom and constitutional rights.

VerDate Aug 31 2005 04:43 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4634 Sfmt 9920 E:\CR\FM\A17SE7.002 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8285 Sadly, the District of Columbia has chosen permitting a 6-year-old to purchase a deadly Cramer Kanjorski Rahall Crenshaw Keller Rehberg to turn a blind eye to the court and the con- weapon. Cuellar Kind Reichert stitution by re-legislating the gun ban piece by It is best for Congress not to do the National Culberson Kingston Renzi piece. DC has legislated that guns must be Rifle Association’s bidding, forcing DC to be Davis (AL) Kline (MN) Reyes trigger locked or disassembled in the home, their showcase for eliminating all boundaries Davis (KY) Knollenberg Reynolds Davis, David Kuhl (NY) Rodriguez rendering it nearly impossible for law-abiding of gun safety. I urge my colleagues to respect Davis, Lincoln LaHood Rogers (AL) citizens from purchasing guns in the District. home rule and common sense. Davis, Tom Lamborn Rogers (KY) When the court overturned the ban, I The Acting CHAIRMAN. Under the Deal (GA) Latham Rogers (MI) breathed a sigh of relief for the young women rule, the Committee rises. DeFazio LaTourette Rohrabacher Dent Latta Ros-Lehtinen on my staff who are now able to appropriately Accordingly, the Committee rose; Diaz-Balart, L. Lewis (CA) Roskam defend themselves. Imagine my surprise when and the Speaker pro tempore (Mr. PAS- Diaz-Balart, M. Lewis (KY) Ross Dingell Linder the District dictated that those same staffers TOR) having assumed the chair, Mr. Royce Donnelly LoBiondo Ryan (OH) store their guns in pieces or with trigger locks LTMIRE A , Acting Chairman of the Com- Doolittle Lucas Ryan (WI) until an ‘‘immediate’’ threat presents itself. mittee of the Whole House on the State Drake Lungren, Daniel Salazar Have you ever heard of anything so ridicu- of the Union, reported that that Com- Duncan E. Sali lous? When a threat is immediate, you don’t mittee, having had under consideration Edwards (TX) Mack Saxton Ellsworth Mahoney (FL) Scalise have time to find a key or put together a gun! the bill (H.R. 6842) to require the Dis- Emerson Manzullo Schmidt I stand for the right of all Americans to de- trict of Columbia to revise its laws re- English (PA) Marchant Sensenbrenner fend themselves and in support of H.R. 6842, garding the use and possession of fire- Etheridge Marshall Sessions Everett Matheson which will make the policy of the District of arms as necessary to comply with the Shadegg Fallin McCarthy (CA) Shea-Porter Columbia consistent with the ruling of the requirements of the decision of the Su- Feeney McCaul (TX) Shimkus court and the clear intent of the Constitution. preme Court in the case of District of Ferguson McCotter Shuler Flake McCrery Mr. UDALL of . Mr. Chairman, the Shuster Columbia v. Heller, in a manner that Forbes McHenry Simpson Constitution gives Congress the ultimate legis- protects the security interests of the Fortenberry McHugh Sires Fossella McIntyre lative responsibility for the District of Colum- Federal Government and the people Skelton Foster McKeon bia. who work in, reside in, or visit the Dis- Smith (NE) Foxx McMorris Smith (TX) However, through enactment of the DC trict of Columbia and does not under- Franks (AZ) Rodgers Souder Home Rule Act Congress has authorized the Frelinghuysen McNerney mine the efforts of law enforcement, Space Gallegly Meek (FL) residents of the District to elect a Mayor and homeland security, and military offi- Spratt Garrett (NJ) Melancon City Council to be responsible for the day-to- Stearns cials to protect the Nation’s Capital Gerlach Mica Stupak day exercise of that authority. from crime and terrorism, pursuant to Giffords Michaud I respect the intent of home rule because I House Resolution 1434, he reported the Gillibrand Miller (FL) Sullivan Gingrey Miller (MI) Tancredo think residents of Washington, DC—like resi- bill back to the House with an amend- Tanner dents of Colorado—should be able to govern Gohmert Miller, Gary ment adopted by the Committee of the Goode Mitchell Taylor themselves so far as consistent with the ability Whole. Goodlatte Mollohan Terry Thompson (CA) of the Federal Government to function. The SPEAKER pro tempore. Under Gordon Moore (KS) And I think this principle of home rule for Granger Moran (KS) Thornberry the rule, the previous question is or- Graves Murphy, Patrick Tiahrt DC is made all the more important because dered. Green, Gene Murphy, Tim Tiberi the residents of the District are not fully rep- Hall (TX) Murtha Turner The question is on the amendment. Udall (CO) resented here in Congress. The amendment was agreed to. Hastings (WA) Musgrave So, I have some hesitation supporting legis- Hayes Myrick Udall (NM) The SPEAKER pro tempore. The Heller Nunes Upton lation that would in effect shape policies for question is on the engrossment and Hensarling Oberstar Walberg the District of Columbia without the involve- third reading of the bill. Herger Ortiz Walden (OR) Herseth Sandlin Paul Walsh (NY) ment of its elected officials. The bill was ordered to be engrossed However, I am supporting H.R. 6842 today Higgins Pearce Walz (MN) and read a third time, and was read the Hill Pence Wamp because any flaws in its approach can be cor- third time. Hinchey Peterson (MN) Welch (VT) Weldon (FL) rected as the legislative process continues The SPEAKER pro tempore. The Hobson Peterson (PA) and because I think it is needed in order to Hodes Petri Weller question is on the passage of the bill. Westmoreland send a strong message to the District govern- Holden Pickering The question was taken; and the Hunter Platts Whitfield (KY) ment to move promptly to revise its laws to re- Wilson (NM) Speaker pro tempore announced that Inglis (SC) Poe flect the recent decision of the Supreme Court Issa Pomeroy Wilson (OH) the ayes appeared to have it. in the case of DC v. Heller and thus to assure Johnson (IL) Porter Wilson (SC) RECORDED VOTE Johnson, Sam Price (GA) Wittman (VA) that the second amendment rights of the Dis- Jones (NC) Pryce (OH) Wolf trict’s residents are not infringed. Mr. SOUDER. Mr. Speaker, I demand Jordan Putnam Young (AK) That is the purpose of this legislation—one a recorded vote. Kagen Radanovich Young (FL) that I support, because complying with our A recorded vote was ordered. NOES—152 The vote was taken by electronic de- oath to support and defend the Constitution is Ackerman DeGette Honda the first duty of all Members of Congress. vice, and there were—ayes 266, noes 152, Andrews Delahunt Hooley Mr. BLUMENAUER. Mr. Chairman, the answered ‘‘present’’ 1, not voting 14, as Baldwin DeLauro Hoyer follows: Bean Dicks Inslee Childers amendment to the National Capital Becerra Doggett Israel Security and Safety Act is deeply flawed. We [Roll No. 601] Berkley Doyle Jackson (IL) continue to treat the residents of the District of AYES—266 Berman Edwards (MD) Jackson-Lee Blumenauer Ellison (TX) Columbia as members of a colony, hampering Abercrombie Bishop (UT) Buyer Brady (PA) Emanuel Jefferson Aderholt Blackburn Calvert their ability to govern themselves. We ought Braley (IA) Engel Johnson (GA) Akin Blunt Camp (MI) not to have Congress be the State legislature Brown, Corrine Eshoo Johnson, E. B. Alexander Boehner Campbell (CA) Butterfield Farr Kaptur or city council for 580,000 people. Allen Bonner Cannon Capps Fattah Kennedy For the tens of thousands of Oregonians Altmire Bono Mack Capito Capuano Filner Kildee Arcuri Boozman Cardoza who visit our Nation’s capital each year, trav- Carson Frank (MA) Kilpatrick Baca Boren Carnahan eling with their children to experience Amer- Castle Gilchrest King (NY) Bachmann Boswell Carney Castor Gonzalez Kirk ica’s history and culture, and as someone who Bachus Boucher Carter Clarke Green, Al Klein (FL) Baird Boustany Cazayoux lives in DC for 30 percent of the year and has Clay Grijalva Kucinich Barrett (SC) Boyd (FL) Chabot worked with victims of gun violence, this legis- Clyburn Gutierrez Langevin Barrow Boyda (KS) Chandler Cohen Hall (NY) Larsen (WA) lation is neither comforting nor sound policy. Bartlett (MD) Broun (GA) Childers Conyers Hare Larson (CT) The imposition on local government would Barton (TX) Brown (SC) Coble Courtney Harman Lee Berry Brown-Waite, Cole (OK) throw out all locally approved gun safety Crowley Hastings (FL) Levin Biggert Ginny Conaway measures, including handgun registration and Cummings Hinojosa Lewis (GA) Bilbray Buchanan Cooper Davis (CA) Hirono Lipinski the semiautomatic ban, and even go as far as Bilirakis Burgess Costa Davis (IL) Holt Loebsack removing all age restrictions on gun purchase, Bishop (GA) Burton (IN) Costello

VerDate Aug 31 2005 04:43 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.009 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8286 CONGRESSIONAL RECORD — HOUSE September 17, 2008 Lofgren, Zoe Perlmutter Snyder rules and pass the Senate bill (S. 3406) 471 (1999) with regard to coverage under the Lowey Price (NC) Solis to restore the intent and protections of third prong of the definition of disability and Lynch Ramstad Speier to reinstate the reasoning of the Supreme Maloney (NY) Rangel the Americans with Disabilities Act of Stark Court in School Board of Nassau County v. Markey Richardson 1990. Sutton Arline, 480 U.S. 273 (1987) which set forth a Matsui Rothman Tauscher The Clerk read the title of the Senate broad view of the third prong of the defini- McCarthy (NY) Roybal-Allard Thompson (MS) McCollum (MN) Ruppersberger bill. tion of handicap under the Rehabilitation Tierney The text of the Senate bill is as fol- McDermott Rush Towns Act of 1973; McGovern Sa´ nchez, Linda Tsongas lows: (4) to reject the standards enunciated by McNulty T. Van Hollen S. 3406 the Supreme Court in Toyota Motor Manu- Meeks (NY) Sanchez, Loretta Vela´ zquez Miller (NC) Sarbanes Be it enacted by the Senate and House of Rep- facturing, Kentucky, Inc. v. Williams, 534 Miller, George Schakowsky Visclosky resentatives of the United States of America in U.S. 184 (2002), that the terms ‘‘substan- Moore (WI) Schiff Wasserman Congress assembled, tially’’ and ‘‘major’’ in the definition of dis- Schultz Moran (VA) Schwartz SECTION 1. SHORT TITLE. ability under the ADA ‘‘need to be inter- Murphy (CT) Scott (GA) Waters preted strictly to create a demanding stand- Watson This Act may be cited as the ‘‘ADA Nadler Scott (VA) ard for qualifying as disabled,’’ and that to Watt Amendments Act of 2008’’. Napolitano Serrano be substantially limited in performing a Neal (MA) Sestak Waxman SEC. 2. FINDINGS AND PURPOSES. Olver Shays Weiner (a) FINDINGS.—Congress finds that— major life activity under the ADA ‘‘an indi- Pallone Sherman Wexler (1) in enacting the Americans with Disabil- vidual must have an impairment that pre- Pascrell Slaughter Woolsey ities Act of 1990 (ADA), Congress intended vents or severely restricts the individual Pastor Smith (NJ) Wu that the Act ‘‘provide a clear and com- from doing activities that are of central im- Payne Smith (WA) Yarmuth prehensive national mandate for the elimi- portance to most people’s daily lives’’; ANSWERED ‘‘PRESENT’’—1 nation of discrimination against individuals (5) to convey congressional intent that the standard created by the Supreme Court in Obey with disabilities’’ and provide broad cov- erage; the case of Toyota Motor Manufacturing, NOT VOTING—14 (2) in enacting the ADA, Congress recog- Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) Bishop (NY) Dreier Lampson nized that physical and mental disabilities in for ‘‘substantially limits’’, and applied by Brady (TX) Ehlers Neugebauer no way diminish a person’s right to fully lower courts in numerous decisions, has cre- Cantor Hoekstra Pitts participate in all aspects of society, but that ated an inappropriately high level of limita- Cleaver Hulshof Regula people with physical or mental disabilities tion necessary to obtain coverage under the Cubin King (IA) are frequently precluded from doing so be- ADA, to convey that it is the intent of Con- b 1116 cause of prejudice, antiquated attitudes, or gress that the primary object of attention in cases brought under the ADA should be Mr. HARE changed his vote from the failure to remove societal and institu- tional barriers; whether entities covered under the ADA ‘‘aye’’ to ‘‘no.’’ (3) while Congress expected that the defini- have complied with their obligations, and to So the bill was passed. tion of disability under the ADA would be in- convey that the question of whether an indi- The result of the vote was announced terpreted consistently with how courts had vidual’s impairment is a disability under the as above recorded. applied the definition of a handicapped indi- ADA should not demand extensive analysis; The title was amended so as to read: vidual under the Rehabilitation Act of 1973, and (6) to express Congress’ expectation that ‘‘A bill to restore Second Amendment that expectation has not been fulfilled; (4) the holdings of the Supreme Court in the Equal Employment Opportunity Com- rights in the District of Columbia.’’. mission will revise that portion of its cur- A motion to reconsider was laid on Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its companion cases have narrowed rent regulations that defines the term ‘‘sub- the table. the broad scope of protection intended to be stantially limits’’ as ‘‘significantly re- Stated against: afforded by the ADA, thus eliminating pro- stricted’’ to be consistent with this Act, in- Mr. SIRES. Mr. Speaker, when I voted on tection for many individuals whom Congress cluding the amendments made by this Act. final passage of H.R. 6842, the Second intended to protect; SEC. 3. CODIFIED FINDINGS. Amendment Enforcement Act, I incorrectly (5) the holding of the Supreme Court in Section 2(a) of the Americans with Disabil- voted aye. I meant to vote no on final passage Toyota Motor Manufacturing, Kentucky, ities Act of 1990 (42 U.S.C. 12101) is amend- of that bill. Inc. v. Williams, 534 U.S. 184 (2002) further ed— Mr. ETHERIDGE. Mr. Chairman, Earlier narrowed the broad scope of protection in- (1) by amending paragraph (1) to read as tended to be afforded by the ADA; today, the House took sequential votes on an follows: (6) as a result of these Supreme Court ‘‘(1) physical or mental disabilities in no amendment to and final passage of the Na- cases, lower courts have incorrectly found in way diminish a person’s right to fully par- tional Capital Security and Safety Act, H.R. individual cases that people with a range of ticipate in all aspects of society, yet many 6842. On roll number 601 when I cast my vote substantially limiting impairments are not people with physical or mental disabilities on final passage an ‘‘aye’’ vote was recorded people with disabilities; have been precluded from doing so because of when a ‘‘no’’ vote should have been recorded. (7) in particular, the Supreme Court, in the discrimination; others who have a record of case of Toyota Motor Manufacturing, Ken- f a disability or are regarded as having a dis- tucky, Inc. v. Williams, 534 U.S. 184 (2002), in- ability also have been subjected to discrimi- PERSONAL EXPLANATION terpreted the term ‘‘substantially limits’’ to nation;’’; require a greater degree of limitation than (2) by striking paragraph (7); and Mr. EHLERS. Mr. Speaker, (Mr. Chairman), was intended by Congress; and on rollcall No. 600 and 601, I missed these (3) by redesignating paragraphs (8) and (9) (8) Congress finds that the current Equal as paragraphs (7) and (8), respectively. votes due to illness (influenza). Had I been Employment Opportunity Commission ADA SEC. 4. DISABILITY DEFINED AND RULES OF CON- present, I would have voted ‘‘aye’’ on both. regulations defining the term ‘‘substantially STRUCTION. limits’’ as ‘‘significantly restricted’’ are in- f (a) DEFINITION OF DISABILITY.—Section 3 of consistent with congressional intent, by ex- the Americans with Disabilities Act of 1990 ANNOUNCEMENT BY THE SPEAKER pressing too high a standard. (42 U.S.C. 12102) is amended to read as fol- PRO TEMPORE (b) PURPOSES.—The purposes of this Act lows: The SPEAKER pro tempore. Pursu- are— (1) to carry out the ADA’s objectives of ‘‘SEC. 3. DEFINITION OF DISABILITY. ant to clause 8 of rule XX, the Chair providing ‘‘a clear and comprehensive na- ‘‘As used in this Act: will postpone further proceedings tional mandate for the elimination of dis- ‘‘(1) DISABILITY.—The term ‘disability’ today on motions to suspend the rules crimination’’ and ‘‘clear, strong, consistent, means, with respect to an individual— on which a recorded vote or the yeas enforceable standards addressing discrimina- ‘‘(A) a physical or mental impairment that and nays are ordered, or on which the tion’’ by reinstating a broad scope of protec- substantially limits one or more major life vote is objected to under clause 6 of tion to be available under the ADA; activities of such individual; rule XX. (2) to reject the requirement enunciated by ‘‘(B) a record of such an impairment; or Record votes on postponed questions the Supreme Court in Sutton v. United Air ‘‘(C) being regarded as having such an im- will be taken later. Lines, Inc., 527 U.S. 471 (1999) and its com- pairment (as described in paragraph (3)). panion cases that whether an impairment ‘‘(2) MAJOR LIFE ACTIVITIES.— f substantially limits a major life activity is ‘‘(A) IN GENERAL.—For purposes of para- ADA AMENDMENTS ACT OF 2008 to be determined with reference to the ame- graph (1), major life activities include, but liorative effects of mitigating measures; are not limited to, caring for oneself, per- Mr. GEORGE MILLER of California. (3) to reject the Supreme Court’s reasoning forming manual tasks, seeing, hearing, eat- Mr. Speaker, I move to suspend the in Sutton v. United Air Lines, Inc., 527 U.S. ing, sleeping, walking, standing, lifting,

VerDate Aug 31 2005 05:56 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.011 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8287 bending, speaking, breathing, learning, read- materials available to individuals with hear- demonstrate that making such modifications ing, concentrating, thinking, commu- ing impairments; in policies, practices, or procedures, includ- nicating, and working. ‘‘(B) qualified readers, taped texts, or other ing academic requirements in postsecondary ‘‘(B) MAJOR BODILY FUNCTIONS.—For pur- effective methods of making visually deliv- education, would fundamentally alter the poses of paragraph (1), a major life activity ered materials available to individuals with nature of the goods, services, facilities, also includes the operation of a major bodily visual impairments; privileges, advantages, or accommodations function, including but not limited to, func- ‘‘(C) acquisition or modification of equip- involved. tions of the immune system, normal cell ment or devices; and ‘‘(g) CLAIMS OF NO DISABILITY.—Nothing in growth, digestive, bowel, bladder, neuro- ‘‘(D) other similar services and actions. this Act shall provide the basis for a claim logical, brain, respiratory, circulatory, endo- ‘‘(2) STATE.—The term ‘State’ means each by an individual without a disability that crine, and reproductive functions. of the several States, the District of Colum- the individual was subject to discrimination ‘‘(3) REGARDED AS HAVING SUCH AN IMPAIR- bia, the Commonwealth of Puerto Rico, because of the individual’s lack of disability. ‘‘(h) REASONABLE ACCOMMODATIONS AND MENT.—For purposes of paragraph (1)(C): Guam, American Samoa, the Virgin Islands MODIFICATIONS.—A covered entity under title ‘‘(A) An individual meets the requirement of the United States, the Trust Territory of I, a public entity under title II, and any per- of ‘being regarded as having such an impair- the Pacific Islands, and the Commonwealth son who owns, leases (or leases to), or oper- ment’ if the individual establishes that he or of the Northern Mariana Islands.’’. ates a place of public accommodation under she has been subjected to an action prohib- (c) AMENDMENT TO THE TABLE OF CON- title III, need not provide a reasonable ac- ited under this Act because of an actual or TENTS.—The table of contents contained in commodation or a reasonable modification perceived physical or mental impairment section 1(b) of the Americans with Disabil- to policies, practices, or procedures to an in- whether or not the impairment limits or is ities Act of 1990 is amended by striking the dividual who meets the definition of dis- perceived to limit a major life activity. item relating to section 3 and inserting the ability in section 3(1) solely under subpara- ‘‘(B) Paragraph (1)(C) shall not apply to following items: impairments that are transitory and minor. graph (C) of such section.’’; ‘‘Sec. 3. Definition of disability. (2) by redesignating section 506 through 514 A transitory impairment is an impairment ‘‘Sec. 4. Additional definitions.’’. with an actual or expected duration of 6 as sections 507 through 515, respectively, and months or less. SEC. 5. DISCRIMINATION ON THE BASIS OF DIS- adding after section 505 the following: ABILITY. ‘‘(4) RULES OF CONSTRUCTION REGARDING ‘‘SEC. 506. RULE OF CONSTRUCTION REGARDING (a) ON THE BASIS OF DISABILITY.—Section THE DEFINITION OF DISABILITY.—The defini- REGULATORY AUTHORITY. 102 of the Americans with Disabilities Act of tion of ‘disability’ in paragraph (1) shall be ‘‘The authority to issue regulations grant- 1990 (42 U.S.C. 12112) is amended— construed in accordance with the following: ed to the Equal Employment Opportunity ‘‘(A) The definition of disability in this Act (1) in subsection (a), by striking ‘‘with a Commission, the Attorney General, and the shall be construed in favor of broad coverage disability because of the disability of such Secretary of Transportation under this Act of individuals under this Act, to the max- individual’’ and inserting ‘‘on the basis of includes the authority to issue regulations imum extent permitted by the terms of this disability’’; and implementing the definitions of disability in Act. (2) in subsection (b) in the matter pre- section 3 (including rules of construction) ‘‘(B) The term ‘substantially limits’ shall ceding paragraph (1), by striking ‘‘discrimi- and the definitions in section 4, consistent be interpreted consistently with the findings nate’’ and inserting ‘‘discriminate against a with the ADA Amendments Act of 2008.’’; and and purposes of the ADA Amendments Act of qualified individual on the basis of dis- (3) in section 511 (as redesignated by para- 2008. ability’’. graph (2)) (42 U.S.C. 12211), in subsection (c), ‘‘(C) An impairment that substantially (b) QUALIFICATION STANDARDS AND TESTS by striking ‘‘511(b)(3)’’ and inserting limits one major life activity need not limit RELATED TO UNCORRECTED VISION.—Section ‘‘512(b)(3)’’. other major life activities in order to be con- 103 of the Americans with Disabilities Act of (b) The table of contents contained in sec- sidered a disability. 1990 (42 U.S.C. 12113) is amended by redesig- tion 1(b) of the Americans with Disabilities ‘‘(D) An impairment that is episodic or in nating subsections (c) and (d) as subsections Act of 1990 is amended by redesignating the remission is a disability if it would substan- (d) and (e), respectively, and inserting after items relating to sections 506 through 514 as tially limit a major life activity when ac- subsection (b) the following new subsection: the items relating to sections 507 through tive. ‘‘(c) QUALIFICATION STANDARDS AND TESTS 515, respectively, and by inserting after the ‘‘(E)(i) The determination of whether an RELATED TO UNCORRECTED VISION.—Notwith- item relating to section 505 the following impairment substantially limits a major life standing section 3(4)(E)(ii), a covered entity new item: activity shall be made without regard to the shall not use qualification standards, em- ‘‘Sec. 506. Rule of construction regarding ameliorative effects of mitigating measures ployment tests, or other selection criteria regulatory authority.’’. such as— based on an individual’s uncorrected vision SEC. 7. CONFORMING AMENDMENTS. ‘‘(I) medication, medical supplies, equip- unless the standard, test, or other selection Section 7 of the Rehabilitation Act of 1973 ment, or appliances, low-vision devices criteria, as used by the covered entity, is (29 U.S.C. 705) is amended— (which do not include ordinary eyeglasses or shown to be job-related for the position in (1) in paragraph (9)(B), by striking ‘‘a phys- contact lenses), prosthetics including limbs question and consistent with business neces- ical’’ and all that follows through ‘‘major and devices, hearing aids and cochlear im- sity.’’. life activities’’, and inserting ‘‘the meaning plants or other implantable hearing devices, (c) CONFORMING AMENDMENTS.— given it in section 3 of the Americans with mobility devices, or oxygen therapy equip- (1) Section 101(8) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)’’; and ment and supplies; Disabilities Act of 1990 (42 U.S.C. 12111(8)) is (2) in paragraph (20)(B), by striking ‘‘any ‘‘(II) use of assistive technology; amended— person who’’ and all that follows through the ‘‘(III) reasonable accommodations or auxil- (A) in the paragraph heading, by striking period at the end, and inserting ‘‘any person iary aids or services; or ‘‘WITH A DISABILITY’’; and who has a disability as defined in section 3 of ‘‘(IV) learned behavioral or adaptive neuro- (B) by striking ‘‘with a disability’’ after the Americans with Disabilities Act of 1990 logical modifications. ‘‘individual’’ both places it appears. (42 U.S.C. 12102).’’. ‘‘(ii) The ameliorative effects of the miti- (2) Section 104(a) of the Americans with SEC. 8. EFFECTIVE DATE. gating measures of ordinary eyeglasses or Disabilities Act of 1990 (42 U.S.C. 12114(a)) is This Act and the amendments made by contact lenses shall be considered in deter- amended by striking ‘‘the term ‘qualified in- this Act shall become effective on January 1, mining whether an impairment substantially dividual with a disability’ shall’’ and insert- 2009. limits a major life activity. ing ‘‘a qualified individual with a disability The SPEAKER pro tempore. Pursu- shall’’. ‘‘(iii) As used in this subparagraph— ant to the rule, the gentleman from SEC. 6. RULES OF CONSTRUCTION. ‘‘(I) the term ‘ordinary eyeglasses or con- California (Mr. GEORGE MILLER) and (a) Title V of the Americans with Disabil- tact lenses’ means lenses that are intended the gentleman from California (Mr. to fully correct visual acuity or eliminate ities Act of 1990 (42 U.S.C. 12201 et seq.) is refractive error; and amended— MCKEON) each will control 20 minutes ‘‘(II) the term ‘low-vision devices’ means (1) by adding at the end of section 501 the The Chair recognizes the gentleman devices that magnify, enhance, or otherwise following: from California Mr. GEORGE MILLER). augment a visual image.’’. ‘‘(e) BENEFITS UNDER STATE WORKER’S COM- GENERAL LEAVE (b) CONFORMING AMENDMENT.—The Ameri- PENSATION LAWS.—Nothing in this Act alters Mr. GEORGE MILLER of California. cans with Disabilities Act of 1990 (42 U.S.C. the standards for determining eligibility for Mr. Speaker, I ask unanimous consent 12101 et seq.) is further amended by adding benefits under State worker’s compensation for 5 legislative days during which after section 3 the following: laws or under State and Federal disability Members may revise and extend their ‘‘SEC. 4. ADDITIONAL DEFINITIONS. benefit programs. ‘‘As used in this Act: ‘‘(f) FUNDAMENTAL ALTERATION.—Nothing remarks and insert extraneous mate- ‘‘(1) AUXILIARY AIDS AND SERVICES.—The in this Act alters the provision of section rial on S. 3406 into the RECORD. term ‘auxiliary aids and services’ includes— 302(b)(2)(A)(ii), specifying that reasonable The SPEAKER pro tempore. Is there ‘‘(A) qualified interpreters or other effec- modifications in policies, practices, or proce- objection to the request of the gen- tive methods of making aurally delivered dures shall be required, unless an entity can tleman from California?

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.003 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8288 CONGRESSIONAL RECORD — HOUSE September 17, 2008 There was no objection. Much of the language contained in S. with disabilities and the employers Mr. GEORGE MILLER of California. 3406 is identical to the House-passed that benefit from their many contribu- Mr. Speaker, I yield myself such time H.R. 3195. This includes provisions con- tions. as I may consume. cerning mitigating measures, episodic The Americans with Disabilities Act Mr. Speaker, I rise today in strong conditions, major life activities, treat- was enacted in 1990 with broad bipar- support of final passage of S. 3406, the ment of claims under the ‘‘regarded as’’ tisan support. Among the bill’s most Americans with Disabilities Amend- prong, regulatory authority for the def- important purposes was to protect in- ments Act of 2008. inition of disability, and the con- dividuals with disabilities from dis- Since 1990, the Americans with Dis- forming amendments to section 504 of crimination in the workplace. abilities Act has provided protection the Rehabilitation Act. By many measures, the law has been from discrimination for millions of We expect the courts and agencies to a huge success. I firmly believe that productive, hardworking Americans so apply this less demanding standard the employer community has taken the that they may fully participate in our when interpreting ‘‘substantially lim- ADA to heart, with businesses adopting Nation’s schools, communities and its.’’ S. 3406 directs the courts and the policies specifically aimed at providing workplace. Among other rights, the agencies to interpret the term con- meaningful opportunities to individ- law guaranteed that workers with dis- sistent with the findings and purposes uals with disabilities. abilities would be judged on their mer- of the ADA Amendments Act. However, despite the law’s many suc- its and not on an employer’s prejudice. We intend that the ADA Amend- cess stories, it is clear today that for But since the ADA’s enactment, sev- ments Act will reduce the depth of some, the ADA is failing to live up to eral Supreme Court rulings have dra- analysis related to the severity of the its promise. matically reduced the number of indi- limitation of the impairment and re- In the years since its enactment, viduals with disabilities who are pro- turn the focus to where it should be: court cases and legal interpretations tected from discrimination under the the question of whether or not dis- have left some individuals outside the law. Workers like Carey McClure, an crimination, based upon the disability, scope of the act’s protections. Some in- electrician with muscular dystrophy actually occurred. dividuals the law was clearly intended who testified before our committee in This legislation has broad support: to protect have been deemed ‘‘not dis- January, have not been hired or passed Democrats and Republicans; employ- abled enough,’’ an interpretation we all over for promotion by an employer re- ers, civil rights groups, and advocates agree needs correcting. garding them as too disabled to do the for individuals with disabilities. I’m In response, however, proposals were job. Yet when these workers seek jus- pleased that we were able to work to- put forward to massively expand the tice for this discrimination, the courts gether to get to this point. law’s protections to cover virtually all rule that they are not disabled enough In particular, I’d like to thank the Americans. This is an equally dan- to be protected by the Americans with members of the Employer and Dis- gerous proposition. Disabilities Act. This is a terrible ability Alliance, including the Leader- Our task with this legislation was to catch-22 that Congress will change ship Conference on Civil Rights, the focus relief where it is needed, while with the passage of this bill today. Epilepsy Foundation, the American As- still maintaining the delicate balance S. 3406, like H.R. 3195 passed in June, sociation of People with Disabilities, embodied in the original ADA. remedies this catch-22 situation in sev- the U.S. Chamber of Commerce, the In the months since this bill was first eral ways by reversing flawed court de- National Association of Manufacturers, introduced and moved through the cisions to restore the original congres- and the Society for Human Resource House, I am pleased to say that we sional intent of the Americans with Management for all of their hard work were able to do exactly that. Disabilities Act. Workers with disabil- and long hours of negotiations with Mr. Speaker, this is a good bill, and ities who have been discriminated each other and with our staff. the time to enact it is now. It ensures against will no longer be denied their Of course, much credit is due to Ma- that meaningful relief will be extended civil rights as a result of these erro- jority Leader and Con- to those most in need, while the ADA’s neous court decisions. gressman JIM SENSENBRENNER for their careful balance is maintained as fully To do this, S. 3406 reestablishes the leadership and tenacity in the House; as possible. scope of protection of the Americans and Senator HARKIN, Senator KENNEDY, Once again, I want to thank my col- with Disabilities Act to be generous Senator HATCH for their skill in mov- leagues on both sides of the aisle for and inclusive. The bill restores the ing this legislation through the Senate honoring our shared commitment to proper focus on whether discrimination with unanimous support. work together on this issue that has occurred rather than on whether or not It is time to restore the original in- the potential to touch the lives of mil- an individual’s impairment qualifies as tent of the ADA and ensure that the lions of Americans. a disability. tens of millions of Americans with dis- I would especially like to recognize S. 3406 ensures that individuals who abilities who want to work, attend Majority Leader HOYER, Representa- reduce the impact of their impairments school, and fully participate in our tive SENSENBRENNER, and Chairman through means such as hearing aids, communities will have the chance to MILLER for their leadership and com- medications, or learned behavioral do so. mitment to enactment of these impor- modifications will be considered in I look forward to the passage of this tant bipartisan reforms. I also want to their unmitigated state. legislation and encourage my col- thank the many stakeholders, espe- For people with epilepsy, diabetes leagues to support it. cially the ones that Chairman MILLER and other conditions who have success- I reserve the balance of my time. mentioned in his remarks, who were in- fully managed their disability, this Mr. MCKEON. Mr. Speaker, I yield volved in this process for their efforts. means the end of the catch-22 situation myself such time as I may consume. I reserve the balance of my time. that Carey McClure and so many oth- I am pleased to rise in support of Mr. GEORGE MILLER of California. ers have encountered when attempting ADA Amendments Act of 2008, a bill we Mr. Speaker, I yield 3 minutes to the to seek justice. first approved earlier this year. The gentleman from New York (Mr. NAD- For our returning war veterans with bill we passed was the product of good- LER), a member of the Judiciary Com- disabilities, S. 3406 will ensure that the faith negotiation and careful com- mittee, which also had jurisdiction transition to civilian life will not in- promise, and I appreciate that the over this legislation and was very help- clude another battle here at home, a framework of our bill has been main- ful in its passage. battle against discrimination on the tained. Mr. NADLER. I thank the gentleman. basis of disability. At the same time, our counterparts I thank the distinguished majority And students with physical and men- on the other side of the Capitol were leader and the gentleman from Wis- tal impairments will have access to the able to further refine and improve the consin (Mr. SENSENBRENNER). Under accommodations and modifications legislation. Thanks to that effort, the their leadership, the House passed the they need to successfully pursue an bill before us today represents an im- ADA Amendments Act in June by an education. portant step forward for Americans overwhelming vote of 402–17.

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.014 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8289 The Senate, under the leadership of and contributions of our people based tion of the term ‘‘substantially limits’’ as ‘‘pre- Senators HARKIN and HATCH, has taken on antiquated misconceptions about venting’’ or ‘‘significantly restricting’’ the ability up our bipartisan call to restore the people with disabilities. to perform a major life activity. Both bills re- promise of the ADA and has passed a I urge my colleagues to join me in quire the courts and federal agencies to set a nearly identical bill, S. 3406. voting for passage of S. 3406 and restor- less demanding standard by interpreting the Like the House bill, S. 3406 overturns ing the ADA to its rightful place term ‘‘substantially limits’’ more generously to Supreme Court decisions that have among this Nation’s great civil rights ensure broad coverage for the wide range of narrowed the scope of protection under laws. individuals with disabilities. the ADA. These decisions have created I thank the gentleman again. In H.R. 3195, we achieved these goals by a catch-22, in which an individual who Mr. Speaker, I rise in support of S. 3406, redefining the term ‘‘substantially limits’’ to is able to lessen the adverse impact of the ‘‘ADA Amendments Act of 2008.’’ mean ‘‘materially restricts.’’ Thus, to show a an impairment by use of a mitigating I thank the distinguished Majority Leader, ‘‘substantial’’—meaning ‘‘material’’ rather than measure like medicine or a hearing aid the gentleman from Maryland, and the gen- ‘‘significant’’ limitation—an individual need can be fired from a job or otherwise tleman from Wisconsin, Mr. SENSENBRENNER. show only an important or noticeable limit on face discrimination on the basis of that Under their leadership, the House passed the the ability to perform a major life activity. This impairment and yet not be considered ADA Amendments Act (H.R. 3195) in June by is not an onerous burden. sufficiently disabled to be protected by an overwhelming vote of 402–17. As explained in the Senate statement of the ADA. Congress never intended such The Senate, under the leadership of Sen- managers, they chose an alternate route to an absurd result. ators HARKIN and HATCH, has taken up our bi- achieve the same result. Rather than rede- Like the House bill, S. 3406 cures this partisan call to restore the promise of the ADA fining the term ‘‘substantially limits,’’ the Sen- problem by prohibiting courts from and has passed a nearly identical bill, S. ate left this language intact but, through find- considering ‘‘mitigating measures’’— 3406. ings and purposes and a statutory rule of con- things like medicine, prosthetic de- Like the House bill, S. 3406 overturns Su- struction, rejected court and agency interpreta- vices, hearing aids, or the body’s own preme Court decisions that have narrowed the tion of this term as meaning ‘‘prevents’’ or compensation and ability to adapt— scope of protection under the ADA. These de- ‘‘significantly restricts.’’ Like our bill, S. 3406 when determining whether an indi- cisions have created a Catch-22, in which an directs the courts and Federal agencies to set vidual is disabled. On this important individual who is able to lessen the adverse a lower standard that provides broad cov- point, S. 3406 retains the exact same impact of an impairment by use of a mitigating erage. As explained in the Senate Statement language as H.R. 3195. measure like medicine or a hearing aid can be of Managers, their bill—like ours—ensures S. 3406 also retains the House lan- fired from a job or otherwise face discrimina- that the burden of showing that an impairment guage on the treatment of episodic con- tion on the basis of that impairment and yet limits one’s ability to perform common activi- ditions, major life activities, claims not be considered sufficiently disabled to be ties is not onerous. brought under the ‘‘regarded as’’ prong protected by the ADA. Congress never in- Thus, while the approach taken is different, of the definition, regulatory authority, tended such an absurd result. the intent—and the standard established by and conforming the definition con- Like the House bill, S. 3406 cures this prob- both bills—is identical. As such, the guidance tained in section 504 of the Rehabilita- lem by prohibiting courts from considering provided in House reports regarding applica- tion Act so that entities covered by the ‘‘mitigating measures’’—things like medicine, tion of this less burdensome standard for ADA and Rehabilitation Act operate prosthetic devices, hearings aids, or the showing a ‘‘substantial’’ limitation remains under a consistent standard. body’s own compensation and ability to valid and relevant, with the exception of our While the approach taken in the two adapt—when determining whether an indi- use of a ‘‘spectrum’’ of severity to describe a bills is somewhat different, congres- vidual is disabled. On this important point, S. relative level of limitation. With regard to the sional intent and the result achieved 3406 retains the exact same language as H.R. ‘‘spectrum,’’ we accept concerns expressed by by both bills is the same. 3195. Senator KENNEDY that this could be construed Both bills make clear that the courts S. 3406 also retains the House language on as keeping the standard inappropriately high, and Federal agencies have set the the treatment of episodic conditions, major life and reject the usefulness of this approach. standard for qualifying as disabled activities, claims brought under the ‘‘regarded Like H.R. 3195, the lower standard de- under the ADA too high. Both bills re- as’’ prong of the definition, regulatory author- manded by S. 3406 will provide broad cov- ject court and agency interpretation of ity, and conforming the definition contained in erage, consistent with how courts had ap- the term ‘‘substantially limits’’ as Section 504 of the Rehabilitation Act so that proached cases under the Rehabilitation Act ‘‘preventing’’ or ‘‘significantly restrict- entities covered by the ADA and Rehabilitation prior to enactment of the ADA, where individ- ing’’ the ability to perform a major life Act operate under a consistent standard. uals with a wide range of physical and mental activity. Both bills require the courts Over the past two Congresses, the Sub- impairments such as epilepsy, diabetes, mul- and Federal agencies to set a less de- committee on the Constitution, Civil Rights, tiple sclerosis and intellectual and develop- manding standard by interpreting the and Civil Liberties of the Committee on the Ju- mental disabilities qualified for protection, even term ‘‘substantially limits’’ more gen- diciary has studied these issues extensively, where a mitigating measure might lessen the erously to ensure broad coverage for holding multiple hearings and meetings with impact of their impairment. In most of these the wide range of individuals with dis- stakeholders in the disability and business cases, defendants and the courts simply ac- abilities. communities. Our colleagues in the House cepted that a plaintiff was a member of the For that reason, I support and urge Committee on Education and Labor have done protected class and moved on to the merits of all of you to join me in supporting S. the same. The findings and insights that we the case. Congress expected and intended the 3406. These changes are long overdue. presented in the committee reports accom- same thing when it passed the ADA in 1990, Countless Americans with disabilities panying H.R. 3195 reflect our understanding and we are again attempting to make this have already been deprived of the op- and intent regarding the language shared by crystal clear. As stated in S. 3406, the focus portunity to prove that they have been H.R. 3195 and S. 3406 and should guide should be on whether discrimination has oc- victims of discrimination, that they courts and Federal agencies when interpreting curred and ‘‘the question of whether an indi- are qualified for a job, or that a reason- and applying these aspects of the amended vidual’s impairment is a disability under the able accommodation would afford them definition of disability. ADA should not demand extensive analysis.’’ an opportunity to participate fully at While the language of the House and Sen- Under the lower standard for qualifying as work and in community life. ate bills is identical in most respects, the bills disabled, for example, an individual who is dis- It is our sincere hope that, with less differ in how they address the term ‘‘substan- qualified from his or her job of choice because fighting over who is or is not disabled, tially limits’’ in the ADA’s definition of disability. of an impairment should be considered sub- we will finally be able to focus on the But while the approach taken in the bills is dif- stantially limited in the major life activity of important questions: Is an individual ferent, congressional intent and the result working. Previously, in providing guidance on qualified? And might a reasonable ac- achieved by both bills is the same. what the term ‘‘substantially limits’’ means with commodation afford that person the Both bills make clear that the courts and respect to the major life activity of working, the same opportunities that his or her Federal agencies have set the standard for Equal Employment Opportunity Commission neighbors enjoy? Our Nation simply qualifying as disabled under the ADA too high. indicated that ‘‘the inability to perform a single, cannot afford to squander the talents Both bills reject court and agency interpreta- particular job’’ was not a ‘‘substantial’’ (i.e.,

VerDate Aug 31 2005 04:43 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4634 Sfmt 9920 E:\CR\FM\K17SE7.015 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8290 CONGRESSIONAL RECORD — HOUSE September 17, 2008 ‘‘significant’’) enough limitation. S. 3406 states be able to focus on the important questions— The impact of these decisions is such that interpreting ‘‘substantial’’ to require a ‘‘sig- is an individual qualified? And might a reason- that disabled Americans can be dis- nificant’’ limitation sets too high a standard able accommodation afford that person the criminated against by their employer and that we expect the EEOC to redefine this same opportunities that his or her neighbors because of their conditions but are not portion of its regulations. Naturally, this enjoy? Our Nation simply cannot afford to considered disabled enough by our Fed- change will require reconsideration of the squander the talents and contributions of our eral courts to invoke the protections of meaning of ‘‘substantial’’ limitation in the major people based on antiquated misconceptions the ADA. This is unacceptable. Today’s life activity of working, as well as other major about people with disabilities. vote will enable disabled Americans life activities. I urge my colleagues to join me in voting for utilizing the ADA to focus on the dis- The courts and Federal agencies also will passage of S. 3406 and restoring the ADA to crimination that they have experi- be called upon to interpret our changes to the its rightful place among this Nation’s great civil enced rather than having to first prove third, ‘‘regarded as’’ prong of the definition. rights laws. that they fall within the scope of the These changes are identical in S. 3406 and Mr. MCKEON. Mr. Speaker, at this ADA’s protection. H.R. 3195. As we made clear in our com- time I yield 3 minutes to the gen- Finally, I would like to pay tribute mittee reports, an individual meets the require- tleman from Wisconsin (Mr. SENSEN- to my wife, Cheryl. As the chairman of ment of being ‘‘regarded as having such an BRENNER), who has done so much to the board of the American Association impairment’’ if the individual shows that a pro- bring this bill to this point. of People With Disabilities, she has hibited action was taken based on an actual or Mr. SENSENBRENNER. Mr. Speak- been dogged in her advocacy of this perceived impairment, regardless of whether er, in 1990, a bipartisan Congress took legislation and has presented real life this impairment limits (or is perceived to limit) significant steps to break down the situations on why this bill ought to performance of a major life activity. Thus, an physical and societal barriers that for pass. Without her efforts, a lot of the individual with an actual or perceived impair- far too long kept disabled Americans progress that has been made would not ment who is disqualified from a job, program, from fully participating in the Amer- have occurred, and I salute her for or service and who alleges that the disquali- ican Dream. Today, the House takes that. fication was based on the actual or perceived the final step towards righting the The ADA has been one of the most ef- impairment is a member of the protected class wrongs that courts have made in their fective civil rights laws passed by Con- and then entitled to prove that the adverse ac- interpretation of this landmark law. gress. I encourage my colleagues to tion violated the ADA. In clarifying the scope of protection under b 1130 vote in favor of the ADA Amendments the third, ‘‘regarded as’’ prong of the definition, Act. It has been a long road to finally Mr. GEORGE MILLER of California. we also clarified that reasonable accommoda- reach this point. tion need not be provided for those individuals Will the gentleman yield? As chairman of the House Judiciary Mr. SENSENBRENNER. I am out of who qualify for coverage only because they Committee last Congress, I first intro- have been ‘‘regarded as’’ disabled. We, and time. duced this bill with House Majority Mr. GEORGE MILLER of California. the Senate, expressed our confidence that in- Leader STENY HOYER. Although the Ju- dividuals who need accommodations will re- I will yield you 30 seconds. diciary Committee held a hearing on If I might, I just want to recognize ceive them because, with reduction in the bur- the bill in 2006, it was too late in the den of showing a ‘‘substantial limitation,’’ the tenacity of Mr. SENSENBRENNER in legislative session to move it but that pushing for this legislation, and I those individuals also qualify for coverage bill marked our intent and promise to under prongs 1 or 2 (where accommodation wanted to do it while he was in the tackle the issue in the 110th Congress. well and also to recognize the contribu- still is required). Of course, our clarification Last year on the ADA’s anniversary, here does not shield qualification standards, tion of your wife, Cheryl, who has Leader HOYER and I introduced the bill tests, or other selection criteria from challenge talked to all of us about this and has again. The purpose of this legislation is been so determined that this bill pass by an individual who is disqualified based on to resolve the intent of Congress to such standard, test, or criteria. As is currently in this Congress. I think without that cover a broad group of individuals with energy, I’m not sure we would have required under the ADA, any standard, test, or disabilities under the ADA and to other selection criteria that results in disquali- gotten here today. But certainly what eliminate the problem of courts focus- you and Mr. HOYER have done in the fication of an individual because of an impair- ing too heavily on whether individuals ment can be challenged by that individual and House has been absolutely outstanding, are covered by the law rather than on and I want you to know how much I ap- must be shown to be job-related and con- whether discrimination occurred. We sistent with business necessity or necessary preciate Cheryl’s involvement, also. worked with advocates from the dis- Mr. SENSENBRENNER. I thank the for the program or service in question. ability community and business inter- The changes made by S. 3406 are long gentleman for yielding, and the gen- ests over the past year to craft a bal- overdue. Countless Americans with disabilities tleman is absolutely right. anced bill with bipartisan support. have already been deprived of the opportunity Mr. GEORGE MILLER of California. President once said, to prove that they have been victims of dis- I yield to the gentleman from Cali- crimination, that they are qualified for a job, or ‘‘There is no limit to what you want to fornia (Mr. STARK) for the purposes of that a reasonable accommodation would af- accomplish if you don’t care who gets engaging in a colloquy. ford them an opportunity to participate fully at the credit.’’ That statement rings true Mr. STARK. I thank the gentleman work and in community life. about negotiations with this bill. Inter- for yielding. Like our bill, S. 3406 ensures that individ- est groups that did not see eye-to-eye I am pleased that this bill, S. 3406, uals like Mary Ann Pimental—a mother and at the outset worked diligently over will sustain the rights and remedies nurse who died from breast cancer a few many months. After intense discus- available to individuals with disabil- months after the courts told her that her can- sions, they came to a compromise that ities, including individuals with learn- cer was too temporary and short-lived to qual- both sides could support. ing disabilities just as in the measure ify her for protection from job discrimination The bill we pass today will restore passed by the House, H.R. 3195. under the ADA—are covered by the law when the full meaning of equal protection Would the Chairman agree that the they need it. S. 3406 also ensures vital protec- under the law and all of the promises measure before us rejects the assump- tions for our returning veterans. Thousands of that our Nation has to offer. As Mem- tion that an individual who has per- our brave men and women in uniform are re- bers are well aware by now, the Su- formed well academically cannot be turning home with serious injuries, including preme Court has slowly chipped away substantially limited in activities such the loss of limbs, head trauma, and a variety at the broad protections of the ADA as learning reading, writing, thinking, of other life-altering injuries. These veterans and has created a new set of barriers or speaking? have faced great risk and sacrificed much in for disabled Americans. The Court’s Mr. GEORGE MILLER of California. service of their country and should return rulings currently exclude millions of Yes, I would. home knowing that they are protected from disabled Americans from the ADA’s As chairman of the Education and discrimination. protection—the very citizens that Con- Labor Committee, I agree that both It is our sincere hope that, with less battling gress expressly sought to include with- H.R. 3195 and S. 3406 reject the holding over who is or is not disabled, we will finally in the scope of the Act in 1990. that academic success is inconsistent

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.016 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8291 with the finding that an individual is USA Today, September 4. We’re talk- Mr. ANDREWS. Mr. Speaker, I rise in substantially limited in such major life ing about disabilities here and the dis- strong support of this legislation. I activities. As such, we reject the find- abilities act, and also remind people, as would like to add my voice in con- ings in Price v. National Board of Med- a teacher of government and history of gratulations to Mr. HOYER, Mr. SEN- ical Examiners, Gonzalez v. National 4 years, the process of how a bill be- SENBRENNER, Chairman MILLER, and Board of Medical Examiners, and Wong comes a law. Mr. MCKEON for their outstanding co- v. Regents of . We had a vote last night that passed operation in this regard. Mr. STARK. I thank the Chairman. a bill. It has not yet become law. In es- Today is Constitution Day. Over 200 Specific learning disabilities, such as sence, we still have done nothing to years ago, the Constitution of our dyslexia, are neurologically based im- ease the energy crisis, and this article country was ratified. As majestic a pairments that substantially limit the highlights ‘‘Gas Prices Confine Sick document as it is, it has been an imper- way these individuals perform major People.’’ Some have to cut back on fect delivery and realization of that life activities, like reading or learning, traveling, treatment, such as dialysis document because, over time, people or the time it takes to perform such or chemotherapy. The picture here is a have been left out of its benefits and activities often referred to as the con- visit to a Lou Gehrig’s, ALS, clinic; privileges. Throughout our history, dition, manner, or duration. and one of the quotes is saying, ‘‘Peo- people with a disability have been This legislation will reestablish cov- ple are going to depend on us more be- among those left out of the many privi- erage for these individuals by ensuring cause their friends and families can’t leges of governments and economy in that the definition of this ability is afford to transport them in their cars.’’ our country. broadly construed and the determina- When we’ve been fighting so hard for In 1990, the Congress, under the first tion does not consider the use of miti- an energy policy and energy debate, President Bush, took a major step for- gating measures. many times I would come to the floor ward in remedying that injustice and Given this, would the chairman agree to say energy is a variable in every- discrimination. But sadly, since 1990, that these amendments support the thing that we do in our society. It’s a erroneous court decisions have stripped finding in Bartlett v. New York State variable in the cost of doing the job persons with a disability of the rights Board of Law Examiners in which the here as we use power to generate elec- that they thought they had under that court held that in determining whether tricity, air-conditioning, and, of 1990 law. the plaintiff was substantially limited course, communications. It’s a part of Today we are working together to with respect to reading, Bartlett’s abil- the educational environment as we find remedy that problem and fix it. This is ity to ‘‘self-accommodate’’ should not schools having to adjust transportation a victory for common sense and for merit over ignorance and oblivious- be taken into consideration when de- schedules on diesel fuel. It is a critical ness. More importantly, it’s a victory termining whether she was protected portion of how we can meet the needs for human beings who will be very pro- by the ADA? of the disabled. Mr. GEORGE MILLER of California. And one of the places they point out foundly helped by this law. Yes, I would. There was a man who got a job with here is in Sacramento, the disabled in- As we stated in the committee report a major retail corporation in this coun- dividuals can’t get services because on H.R. 3195, the committee supports try, and he’s diabetic. When he first they can’t afford to drive to reach the the finding in Bartlett. Our report ex- started work, his supervisor under- plains that ‘‘an individual with an im- services. Again, this is not me. This is stood that for this worker to be pro- pairment that substantially limits a USA Today on 4 September. Pretty big ductive, he needed a special lunch major life activity should not be penal- article. break in the middle of his work day so We have to move a bill that the ized when seeking protection under the he could deal with his blood sugar President will sign. We have to have a ADA simply because he or she managed needs and stay healthy and be produc- comprehensive policy that brings in all their own adaptive strategies or re- tive. the above. I personally like coal. I per- ceived informal or undocumented ac- So the man gets a new supervisor. sonally like renewable fuels. I person- commodations that have the effect of The new supervisor comes in and ally like nuclear power. I personally lessening the deleterious impacts of doesn’t understand that need, doesn’t like oil shale, and I like oil sands. I their disability.’’ permit the lunch break, and the man’s Mr. STARK. I want to thank the like wind. I like solar. unable to do his work. So he files suit If we do not have a comprehensive chairman. It is indeed our full inten- under the Americans with Disabilities energy policy that helps stabilize and tion to ensure that the civil rights law Act, and the court says he doesn’t win bring costs down, we can pass all the retains its focus on protecting individ- the case because he’s not disabled. Dia- pieces of legislation we want to in the uals with disabilities and not the inter- betes is not enough of a disability to world but the disabled are still going to ests of entities that may need to ad- remedy this person’s concern. be harmed, especially in areas that I dress their practices in accordance Now that’s just wrong. And the other represent, which is rural southern Illi- with the ADA. body understands it, both parties in I look forward to working with the nois, where to get a job, get health this body understand it, the American chairman to continue to protect indi- care, you have to drive a long distance. people understand it. viduals with specific learning disabil- Mr. GEORGE MILLER of California. What we have done in this Act is to ities to ensure that unnecessary bar- I yield myself 30 seconds to say I think restore the commonsense, meaningful riers are not being erected in their the House addressed many of the con- definition of what ‘‘disability’’ means, path. cerns, Mr. SHIMKUS, yesterday in the not so that people with disabilities get I want to thank the chairman, the legislation, the comprehensive energy special privileges, but so they get the distinguished ranking member, our col- legislation that we passed that deals same rights and opportunities that ev- league from Wisconsin, and the major- with the issues of lowering costs to erybody else is guaranteed in this ity leader for their work on this land- consumers and taxpayers and increas- country under the law. mark legislation. ing the energy resources of the United Again, I congratulate Mr. HOYER and Mr. GEORGE MILLER of California. States. Mr. SENSENBRENNER, in particular, for I reserve the balance of my time. I would also say if we don’t pass this working together and bringing to- Mr. MCKEON. Mr. Speaker, I am piece of legislation, they won’t have gether a broad coalition behind this happy to yield now 3 minutes to the any jobs to drive to because they con- bill. And on this Constitution Day, the gentleman from (Mr. SHIMKUS). tinue to get discriminated against. House will set a mark in history and Mr. SHIMKUS. I thank the gen- With that, I would like to yield 3 continue the progress so that people tleman. minutes to the gentleman from New who work with a disability can achieve Mr. MILLER, thank you for the good Jersey (Mr. ANDREWS), a member of the and thrive and succeed in our country work on this. I’m planning, as many of committee. and in our economy. us are, to be highly supportive of it. (Mr. ANDREWS asked and was given I would urge both Republicans and I just want to bring to the attention permission to revise and extend his re- Democrats to vote ‘‘yes’’ on this very of the Chamber an article that was in marks.) substantial piece of legislation.

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.017 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8292 CONGRESSIONAL RECORD — HOUSE September 17, 2008 Mr. MCKEON. Mr. Speaker, I reserve ity leader, Mr. HOYER. And as he’s tak- said that he was a staffer here in 1988 my time. ing the well, I just wanted to again ac- and ’89 and ’90 when we passed the Mr. GEORGE MILLER of California. knowledge what all of our colleagues Americans with Disabilities Act. And Mr. Speaker, I now yield 3 minutes to have acknowledged and so many people he made the observation that—he sat the gentleman from Rhode Island (Mr. in the disabilities community have ac- on the floor, he worked with the lead- LANGEVIN). knowledged and known for a long time, ership on the Republican side and the Democratic side, worked particularly b 1145 his champion of this act. And he has done it year after year after year. He with my friend, Steve Bartlett, Con- Mr. LANGEVIN. I thank the gen- has tended to it, he has watched after gressman Steve Bartlett from Texas, tleman for yielding. it, he has argued about it, and he has who was intimately involved in fash- Mr. Speaker, I rise in strong support encouraged many of us to get involved ioning and working out the com- of S. 3406, the Senate-approved ADA in these amendments. And these are promises necessary to overwhelmingly Amendments Act of 2008. Passage of crucial amendments so that the origi- pass the ADA in 1990. And he said it this bill will clear the way for the nal intent and the purpose and the op- was clear then that the intent of Con- President’s signature and finally renew portunities provided by this act are re- gress had been misconstrued by the Su- our promise to the American people alized. He and Mr. SENSENBRENNER did preme Court—this is Randy Johnson, that discrimination in any form will a magnificent job of shepherding this. Republican staffer, leader now in the never be tolerated. Many people don’t know this who Chamber of Commerce of the United I would like to thank my good friend, haven’t been involved, but the negotia- States who helped fashion this bill. Majority Leader STENY HOYER, who has tions around this legislation were sort And this bill really says, yes, we agree been a real leader and champion on be- of 24–7 for the last year, with a very di- with that in a bipartisan way. The Su- half of the disabilities community. I verse group of people, all of whom preme Court misinterpreted what our would also like to express my apprecia- wanted to see the act amended and im- intent was. And our intent was to be tion to Chairman MILLER for his con- proved, and finally came together inclusive. tinued leadership on this critical issue, under the leadership of Mr. HOYER. And Civil rights bills are intended to be as well as Congressman JIM SENSEN- that’s why we’re here today. And that’s interpreted broadly. Why? Because we BRENNER. This has truly been a bipar- why the Senate and the House are want to make sure that every Amer- tisan effort. going to pass this and we’re going to ican has the benefits that America has The ADA was groundbreaking civil have a ceremony with the President to offer, the opportunities that Amer- rights legislation. And as someone who signing these amendments. Thank you ica has to offer, and to empower them has lived with the challenges of a dis- very much. to help America be a better country, to ability both before and after the ADA’s Mr. HOYER. I thank the chairman bring their talents and their skills and enactment in 1990, I have experienced for his remarks. And I thank Mr. their motivation to bear in the public and private sectors. firsthand the profound changes that MCKEON for his leadership and willing- I want to thank as well Nancy this law has effected within our soci- ness to work together on a difficult Zirkin, Andy Imperato, my—as I call ety. issue. The bill before us today reaffirms the I certainly want to acknowledge and him my lawyer, Chai Feldblum, who has worked so hard on this for now 20- protections of the ADA and upholds the thank my friend JIM SENSENBRENNER, plus years. It’s been 18 years since we ideals of equality and opportunity on Congressman SENSENBRENNER, who has which this country was founded. In been chairman of the committee, the passed the ADA, but as Mr. MILLER knows, it’s been 20-plus years—25 years July, we celebrated the 18th anniver- Judiciary Committee, who has been a really—that we’ve been working on sary of the ADA. It was a day to reflect leader in this Congress, and his wife, getting to this point. on our past accomplishments, our cur- Cheryl. Cheryl, like the young man we rent challenges, and future opportuni- I also want to thank Mike Peterson just saw speak, Congressman JIM of H.R. Policy and Jerry Gillespie of ties. I can think of no better way to LANGEVIN, has shown great courage, the National Association of Manufac- honor the spirit of this landmark bill but also has shown that disability is turers. and the spirit of all those who fought not disabling; that we ought to look at There are so many people that I for its passage than by passing the the ability people have, what they can could spend the next 5 or 10 minutes ADA Amendments Act and restoring do, not what they can’t do. All of us mentioning just name after name after Congress’ intent to ensure the ADA’s can’t do certain things. I urge people to name who made this happen. I won’t do broad protections. look at what people can do. And that’s that, not to diminish them in any way, Mr. Speaker, people with disabilities what this bill was about in 1990. That’s but to say that this is the result of the represent a tremendously valuable, and what this bill is about today. efforts of many—not of me, but of yet in many ways untapped, resource And I am very pleased to be here to many; not of Mr. MILLER alone or the in this country. By fostering an envi- speak on behalf of this bill. I think this ranking member alone or Mr. SENSEN- ronment of inclusion and empower- bill may well pass unanimously, and BRENNER, but many dedicated to this ment, we can provide the means for the public might conclude, therefore, cause. every individual to fulfill his or her that this was not contentious and dif- We are here to build on the accom- God-given potential. ficult, it was both—not contentious in plishments of the landmark Disabil- The ADA Amendments Act will help terms of enabling those with disabil- ities Act of 1990. We wouldn’t be here us realize this important goal. I strong- ities to be fully included in our society, at all, however, without the hard work, ly urge my colleagues to support the but how to do that; how to do that in frankly, of a very close friend of mine, passage of this bill and send it to the the context of making sure that the former Member of Congress, Tony Coel- President for his signature. Again, I business community could live with ho. Tony Coelho had a vision. Tony thank all those who were part of mak- this, that the disabilities community Coelho suffers from epilepsy. There is ing this day possible, particularly, could live with this, and that we did, in nobody who knows Tony Coelho that again, our majority leader, STENY fact, accomplish the objectives that we thinks he is not able to do anything, HOYER, for his great leadership. intended. everything, and all things. Tony Coel- Mr. MCKEON. Mr. Speaker, may I in- I want to thank as well the Chamber ho empowered all of us to think larger, quire as to how much time is remain- of Commerce, the National Association to understand how to bring about real ing? of Manufacturers and other business change for those with disabilities. The SPEAKER pro tempore. The gen- groups who came together with the dis- Tony Coelho, an epileptic, was asked tleman from California has 11 minutes. abilities community with a common to leave the seminary because he had The gentleman from California has 31⁄2 objective. Randy Johnson worked on epilepsy because the church concluded minutes. behalf of the Chamber of Commerce. he really couldn’t do the job. It was the Mr. GEORGE MILLER of California. And Randy Johnson, at a press con- church’s loss and our gain. He made a Mr. Speaker, I yield 1 minute to the ference that was held when the Senate tremendous contribution to this insti- gentleman from Maryland, the major- passed this bill just a few days ago, tution. But much more importantly, in

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.018 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8293 the last some 20 years that he has not ing sure that we made sure JIM b 1200 been a Member of this institution he LANGEVIN could get through the door; This bill, which was approved by the continued to make an extraordinary we made sure JIM LANGEVIN could get Senate last week unanimously, has contribution, not just to those with the kind of education he wanted and come so close to a signature thanks to disabilities, but to our society, in ex- have access to that education. What a the tireless work of the members of the panding our consciousness and inclu- testimony to what this Congress has disability community, leaders from sion. done, but more importantly, what so both parties and business groups, a co- And I mention his name, but I also many courageous people with a dis- alition as broad and deep as the one want to thank my friend, Steve Bart- ability have shown us all, that a dis- that created the original ADA. lett. Steve Bartlett, Congressman, then ability is not disabling. It may rob us I want to recognize the cosponsor of the Mayor of Dallas, now in the private of a single or maybe even multiple this bill, as I said earlier, JIM SENSEN- sector, but engaged in the eighties and ways that some people do things, but BRENNER, tireless in his advocacy, and nineties and engaged in the passage of not of all things. his wife, Cheryl. I want to thank my this bill today, was extraordinarily Sadly, as a result of the Supreme good friend Tony Coelho. As I said at a helpful to us. In 1990, the original ADA press conference last week, I have was the product of the vision of so Court’s decision, we have yet to live up to our promise fully. That’s what we’re served in the Congress for 28 years. many. There will be a time when I will retire. I also want to thank my former staff- trying to do today. We’ve made progress on access, we’ve made And I will look back on my career. And er, Melissa Schulman, who worked in- one of the proudest achievements I will defatigably as we passed the ADA in progress on listening devices, a lot of progress. One of the places we haven’t have is the work that I have done at 1990. Tony’s insistence and request on behalf When the first President Bush signed made the progress we wanted to was employment. So many people want to of the Americans with Disabilities Act the Americans with Disabilities Act 18 and those who are challenged by being years ago, America became the world’s work, want to be self-sufficient, want to be enterprising, want to have the shut out of our society. leader on this central test of human Finally, it is my honor to dedicate self-respect of earning their own way, rights. The ADA was a project in keep- this bill to a pioneering disability ad- but have been shut out. And the Su- ing with our oldest principles and vocate and an inspiration behind the preme Court didn’t help us. That’s founding ideals. As President Bush the ADA. He is listening to us. He died what this bill is about. first, as I call him, put it at the signing some years ago. His name was Justin ceremony, and I quote, ‘‘Today’s legis- Over the last 18 years, the Court has Dart. Justin Dart, like JIM LANGEVIN, lation,’’ he said, ‘‘brings us closer to chipped away at that promise and at was in a wheelchair. It didn’t disable that day when no Americans will ever Congress’ clear original intent. We said him. Indeed, it empowered him. It em- again be deprived of their basic guar- we wanted broad coverage for people powered him to educate all of us. It antee of life, liberty and the pursuit of with disabilities and people regarded as empowered him to educate those with happiness.’’ disabled. Important phrase, ‘‘regarded disabilities as to what they could do Thanks to the ADA, that day became as disabled.’’ What the Supreme Court and accomplish by their efforts to join closer on July 26, 1990. Thanks to the really said, well, if you can make sure together, to educate us and to educate passage of this bill today and the sig- that your disability does not disable the country. His bride, Yoshiko Dart, natures Mr. MILLER indicated next you. Tony Coelho takes medicine for carries on that torch. week, and the expected signatures of his epilepsy, and so he functions. And if When Justin Dart spoke last that I the President, with hopefully the first you saw him, you would say he’s func- heard him at the White House, he said President Bush present, tens of mil- tioning fine. But if I said, but I won’t I may not be with you for a long time. lions of Americans with disabilities hire you, Tony, because you have epi- But I want you to keep on keeping on. will now enjoy even fuller rights, and lepsy, the Court said that was okay. Justin, that is what we do today. the rights that we intended them to Nobody on this floor believed that was Mr. MCKEON. Mr. Speaker, I yield enjoy when we passed the ADA—the the case. If he was discriminated myself the balance of the time. right to use the same streets, theaters, against because he had a disability but I commend the leader for his elo- restrooms or offices, the right to prove could do the job, we said that’s wrong. quence and for the great work that he themselves in the workplace, to suc- The Court did not agree with us, and has done on this bill; likewise Mr. SEN- ceed on their talent and drive alone. we’re now changing that and making SENBRENNER, Mr. MILLER, Mr. We’ve accomplished much in terms of sure that our intent will be lived out. LANGEVIN, and all those who have public accommodations, in terms of worked so hard for bringing forth this We never expected that the people reasonable accommodations. I was sit- bill and for bringing it to this point. ting there with Michele Stockwell, my with disabilities who work to mitigate Back in June, I had the privilege to their conditions would have their ef- policy director, as we watched JIM join advocates for Americans with dis- forts held against them, but the courts LANGEVIN give his speech. What a won- abilities and many of the Congressional derful accommodation he has in that did exactly that. Those narrow rulings, leaders who made that bill possible at chair that stands up. Weren’t all of you which will be changed by this legisla- a rally in support of this bill. At that impressed when he said, ‘‘I rise to sup- tion, have closed the door of oppor- time, we made it clear that we needed port this legislation?’’ ‘‘I rise.’’ And he tunity for millions of Americans. We’re to get a bill to the President for his does rise. Why? Because he has a rea- here today to bring those millions of signature this year. This is a bill that sonable accommodation which, not- our fellow citizens back to where they cannot wait another year. That is why withstanding the failure of his legs to belong—where we want them, where we I’m so pleased to be standing here pre- work the way he would like them to need them, under the protection of the paring to give final approval to this work, his chair reasonably accommo- ADA. important legislation. dates and has him rise to speak to this By voting for final passage of the Once again I want to recognize Chair- body as a testimony to the conscious- ADA Amendment Act, we ensure that man MILLER, the leaders of the Judici- ness of having been raised to make sure the definition of disability will hence- ary, Transportation and Infrastruc- that a person like JIM LANGEVIN—of forth be construed broadly and fairly. ture, Energy and Commerce Commit- great ability, of great ability, not dis- We make it clear that those who man- tees and the members of leadership on ability, but of great ability—can come age to mitigate their disabilities can both sides of the aisle for shepherding here, having been shot at the age of 16 still be subject to discrimination; we this bill through the process and insist- inadvertently, by accident, disabled, know that intuitively and practically. ing on an open, inclusive process. This graduated from high school, graduated This legislation says we know it legis- bill is better for it. I also want to rec- from college, elected to the Rhode Is- latively. And we recognize that those ognize the members of my staff who land House, elected to Secretary of regarded as having a disability are worked hard on this legislation, Jim State of his State, and now a Member equally at risk and deserve to be equal- Paretti, Ken Serafin and Ed Gilroy of this body. What a testimony to mak- ly protected. from my staff helped to make this bill

VerDate Aug 31 2005 04:43 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.021 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8294 CONGRESSIONAL RECORD — HOUSE September 17, 2008 a reality. This is a bill that fulfills our day. But as I said, I understand the cluded many individuals whom Congress in- goal of providing strong, balanced and process. I understand we’re facing an tended to cover under the law. The unfortu- workable protections to ensure that in- election. nate impact of too narrow an interpretation has been to erode the promise of the ADA. dividuals with disabilities can partici- Having said that, seeing this body With the passage of the ADA Amendments pate more fully in the workforce and in work at its best and I think at very, Act (ADAAA) today, we ensure that the our society. very far from its best, I do urge passage ADA’s promise for people with disabilities Mr. Speaker, there are some other of the ADA Amendments Act. will be finally fulfilled. Our expectation is comments I would like to make at this I yield back the balance of my time. that this law will afford people with disabil- time. I think this bill has been a mar- Mr. GEORGE MILLER of California. ities the freedom to participate in our com- velous example of how Congress can Madam Speaker, I yield myself such munity, free from discrimination and its seg- work together. It’s one that we’ve time as I may consume. regating effects, that we sought to achieve with the original ADA. worked on now for a number of years. The SPEAKER pro tempore (Mrs. The House of Representatives passed the In the last Congress, Chairman SEN- TAUSCHER). The gentleman is recog- ADA Amendments Act, H.R. 3195, on June 25, SENBRENNER introduced this bill. It was nized for 11⁄2 minutes. 2008, by an overwhelming vote of 402–17. The introduced in many committees. Many Mr. GEORGE MILLER of California. purpose of this legislation was to restore the hearings were held. Markups were held. I fully understand the deep disappoint- intent of Congress to cover a broad group of It carried over into this Congress. ment on behalf of the Republican Mem- individuals with disabilities under the ADA Under a change of leadership it moved bers, not all, but those who did not and to eliminate the problem of courts focus- forward. Again, hearings were held. vote for the legislation last night to ing too heavily on whether individuals were covered by the law rather than on whether Markups were held. It was passed create a comprehensive energy policy discrimination occurred. through the body here in the House. It for the future of this Nation. They That commitment has now been echoed by went to the other side. The other body were intent upon killing it. They fell passage in the Senate of the ADA Amend- took this bill up, passed it through reg- short. They fell short because it was a ments Act, S. 3406, by unanimous consent. ular order and improved the bill. And bipartisan bill. A number of their Mem- We welcome the opportunity to pass today we find it now back before us in the bers crossed the aisle to vote for the the version of the ADA Amendments Act passed by the Senate, here in the chamber concluding weeks of this Congress. All legislation because they recognize this where it began its journey on July 26th, 2007. of us have worked together to make it was about taking us to a new energy We are particularly pleased with the alli- a good product that will help the indi- future, a future that no longer contin- ance of business and disability representa- viduals with disabilities that it’s ued year after year after year, as we tives who came together to work with us on meant to help. And I think it makes have under Republican control, in- this bill and support its passage throughout me proud to be a part of this body to creased dependence upon international both houses of Congress. Last January, we have been able to participate in this oil from nations that are hostile to us personally encouraged these groups to work together to reach an agreement that would process. in so many ways, of nations who in- work well for both people with disabilities Last night we participated in a proc- flate our economy in so many ways. and for entities covered under the law. We ess that made me not so proud of this This legislation will make available are pleased that they have been able to do so body. I understand political process. I billions of barrels of oil that is from throughout this bill’s legislative process. understand that we have an election the Minerals Management leasing, the H.R. 3195, the ADA Amendments Act coming up. And I understand that administration of oil on the Outer Con- passed by the House, and S. 3406, the ADA there are times when politics rises tinental Shelf, more billions of barrels Amendments Act passed by the Senate, are identical in most important respects. above policy. But it still disappointed of oil in Alaska, in the National Petro- Both H.R. 3195 and S. 3406 contain identical me to see a bill presented Monday leum Reserve that holds probably more language concerning mitigating measures, night, no bipartisanship, no hearings, oil than the OCS, that can be opened episodic conditions, major life activities in- no regular process. Right up here above under legislation. And the royalties cluding major bodily functions, treatment of us it says, ‘‘Let us develop the re- that are due this Nation will be put claims under the ‘‘regarded as’’ prong, ensur- sources of our land, call forth its pow- into a trust fund to create the research ing regulatory authority over the definition ers, build up its institutions.’’ It’s a di- of disability, and conforming Section 504 of and the development of renewable and the Rehabilitation Act to be consistent with rection that we’re supposed to be oper- alternative energy resources that are the changes made by the ADAAA. ating under. so important if in fact we are going to Hence, the Report of the House Committee This bill was brought up Monday break our dependence on foreign oil on Education and Labor and the Report of night to address a very, very important and on fossil fuels as a bedrock of the the House Committee on the Judiciary, as issue in our country. We are dependent energy policy of this Nation. It is also well as our Joint Statement introduced into upon other countries for resources to going to stop the royalty holidays that the CONGRESSIONAL RECORD on June 25, 2008, run our energy, to run this country. It continue to accurately convey our intent oil companies who are making the larg- with regard to the bill we are passing today. puts us in a very difficult position. It’s est record earnings in history are While the intent is the same, as discussed an issue that is equally as important I doing. more fully below, S. 3406 takes a slightly dif- think as this bill that we are working With that, I would like to return to ferent approach than H.R. 3195. Con- on here right now. If it had been ad- the matter at hand and to thank the sequently, we want to make it clear that dressed in the same way, if we had been ranking member from across the aisle, where the House Committee Reports and our joint statement used the term ‘‘materially able to work together the way we’ve Mr. MCKEON, for all his work. I want to restricts’’ to establish points in various ex- worked on this bill, I think the country thank again Mr. HOYER and Mr. SEN- amples, those examples should be read to would have been much better served. SENBRENNER. I certainly want to thank convey the same points, and the term ‘‘mate- As it is, we are left with a political the staffs of this committee, on our rially restricts’’ should be understood to statement, a bill that everybody in this side Sharon Lewis who demonstrated refer to the less demanding standard for the body knows is going nowhere, that will great leadership on this issue, Jody term ‘‘substantially limits’’ prescribed by do nothing to actually solve the prob- Calemine, Brian Kennedy, Chris Brown, both H.R. 3195 and S. 3406. For example, the lem of energy, something that will be our intern Tom Webb; on their side Jim statement in the House Education and Labor pushed into the next Congress. Hope- Report that ‘‘the Committee expects that a Paretti, Ed Gilroy and Ken Sarafin; plaintiff such as Littleton could provide evi- fully at that point we can sit down and and Mr. HOYER’s staff, Michelle Stock- dence of material restriction in the major as adults, as Americans, as leaders that well and Keith Aboshar; and on the Ju- life activities of thinking, learning, commu- have been elected by the people we diciary staff Heather Sawyer and David nicating and interacting with others’’ should serve to come here and work through a Lockman. And I failed to mention the be understood to mean that the Committee good process to really solve a problem Bazelon Center and the Human Re- expects that a plaintiff such as Littleton that is very, very important to our sources Policy Association. could provide evidence of substantial limita- tion in thinking, communicating and inter- constituents and to our Nation and to Mr. HOYER. Madam Speaker, Mr. SENSEN- our growth in a time of very serious acting with others. (See Littleton v. Wal-Mart BRENNER and I submit the following regarding Stores, Inc., 231 Fed. Appx. 874 (11th Cir. issues confronting our country. It’s my S. 3406: 2007)). hope that we will be able to do that. For over a decade, courts have narrowed The key difference between the two bills is I’m saddened by what happened yester- the scope of the ADA and have thereby ex- that S. 3406 uses a different means to achieve

VerDate Aug 31 2005 04:43 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.022 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8295 the same goal that we achieved with H.R. interpretation that make up an Steve Bartlett, former U.S. Representative 3195. As we explain below, we are com- unpardonable ‘‘wall of exclusion’’ against Tony Coelho, former Senator Robert Dole, fortable accepting this approach. people with disabilities. See George H. W. and former Attorney General Richard In H.R. 3195, we achieved this goal by rede- Bush, Remarks on Signing the Americans Thornburgh. fining the term ‘‘substantially limits’’ to with Disabilities Act of 1990 (July 26, 1990). We appreciate the personal leadership role mean ‘‘materially restricts’’ in order to indi- We are grateful to the individuals and ad- taken by Nancy Zirkin and Lisa Bornstein of cate to the courts that they had incorrectly vocates who have worked tirelessly to ensure the Leadership Conference in Civil Rights in interpreted the term ‘‘substantially limits’’ the civil rights and inclusion of people with making this a priority for the civil rights in Toyota Motor Mfg. of Kentucky, Inc. v. disabilities in every aspect of life. This in- community. Williams, and to convey to the courts our ex- cludes work during various stages of the bill Finally, at the risk of leaving out some in- pectation that they would apply a less de- to bring it to a successful conclusion. dividuals, we want to recognize some of the manding standard of severity than had been A large group of individuals worked closely additional countless individuals who helped applied by the Supreme Court. with us as we developed the second ADA Res- with educating Members of Congress, doing Our colleagues in the Senate, however, toration Act that was introduced on July 26, important coalition and media work, and were uncomfortable with creating a new 2007: providing legal input on the bill as it pro- term in the statute. Hence, they achieved Tony Coelho, Immediate Past Board Chair gressed through Congress, from its first the same goal through a different means. of the Epilepsy Foundation and Former U.S. stages through the final vote today: Anne Instead of redefining the term ‘‘substan- Representative; Cheryl Sensenbrenner, Sommers, AAPD; Angela Ostrom, Donna tially limits,’’ S. 3406 states that such term Board Chair of the American Association of Meltzer, Hans Friedhoff, Ken Lowenberg, ‘‘shall be interpreted consistently with the People with Disabilities (AAPD); Andy Kimberli Meadows, and Lisa Boylan, Epi- findings and purposes’’ of the ADA Amend- Imparato, AAPD; Sandy Finucane, Epilepsy lepsy Foundation; Day Al Mohamed, Amer- ments Act. This is a textual provision that Foundation and her lawyers at the George- ican Psychological Association; Deb Cotter, will legally guide the agencies and courts in town Federal Legislation and Administra- NCIL; Joan Magagna and Ron Hager, NDRN; properly interpreting the term ‘‘substan- tive Clinic: Heather Sawyer, Kevin Barry Mistique Cano, Maggie Kao and Robyn tially limits.’’ With regard to the findings and Chai Feldblum; Jennifer Mathis, Bazelon Kurland, Leadership Conference for Civil and purposes that the textual provision re- Center for Mental Health Law; Abby Bownas Rights; Peggy Hathaway and Jim Wiseman, quires the agencies and court to use, S. 3406 and Shereen Arent, American Diabetes Asso- United Spinal Association; Annie Acosta, incorporates all of the findings and purposes ciation (ADA); Curt Decker and Ken The Arc/UCP Disability Policy Collabora- of H.R. 3195, including statements that Con- Shiotani, National Disability Rights Net- tion; Lewis Bossing, Bazelon Center for Men- gress intended for the ADA to provide broad work (NDRN); Arlene Mayerson and Marilyn tal Health Law; John Kemp, U.S. Inter- coverage and that this legislation rejects the Golden, Disability Rights Education and De- national Council on Disabilities; Bebe Ander- Supreme Court’s decisions in Sutton and fense Fund (DREDF); Claudia Center, Legal son, Lambda Legal Defense Fund; Robert Williams that inappropriately narrowed the Aid Society of CA; Janna Starr, Paul Burgdorf, UDC law professor; Rosaline scope of protection of the ADA. Marchand and Erika Hagensen of The Arc/ Crawford, National Association of the Deaf In order to explain how it intended the def- UCP Public Policy Collaboration; Denise (NAD); Mark Richert, American Foundation inition of ‘‘substantially limits’’ to be inter- Rozell, Easter Seals; Lee Page, Paralyzed for the Blind; Eric Bridges, American Coun- preted, the Senate added findings which Veterans Association; Bobby Silverstein, cil for the Blind; Jessica Butler, Council of highlighted the fact that the Williams deci- Center for the Study and Advancement of Parent Attorneys and Advocates; Michael sion placed a too high threshold on the defi- Disability Policy, and John Lancaster, Na- Collins, Julie Carroll and Jeff Rosen, NCD; nition of substantially limits and that the tional Council on Independent Living Steve Bennett, UCP, Lise Hamlin, Hard of EEOC’s interpretative regulations were simi- (NCIL). Hearing Association of America; Laura larly drafted or interpreted to create a bur- In January 2008, we urged representatives Kaloi, National Center for Learning Disabil- den not contemplated by the Congress. Con- from both communities to sit down with ities; Donna Lenhoff and Gary Phelan, Na- sistent with these findings, the Senate added each other and to understand each other’s tional Employment Lawyers Association two purposes which directed the EEOC to needs and concerns. We appreciate the lead- (NELA); Darrin Brown and Evelyn Morton, amend its regulations to reflect the purposes ership role displayed in these conversations AARP; Dan Kohrman, AARP Foundation and of the ADA as amended by the ADAAA and by the following individuals on behalf of the NELA; Katy Beh Neas, Easter Seals; Andrew which noted that the thrust of ADA inquiry disability community: Sandy Finucane, Epi- Sperling, National Alliance on Mental Ill- should be directed to the compliance obliga- lepsy Foundation; Professor Chai Feldblum, ness; Toby Olson, Washington State Gov- tions of the covered entities rather than the Georgetown Law; Andy Imparato, AAPD; ernor’s Committee on Disability Issues and scope of the disability experienced by the in- Jennifer Mathis, Bazelon Center for Mental Employment; Myrna Mandlawitz, Learning dividual asserting coverage under the Act. Health Law; Curt Decker, NDRN; John Lan- Disabilities Association; Ari Ne’eman, Autis- While we believe that the approach we caster, NCIL. tic Self Advocacy Network; Shawn O’Neail, adopted in H.R. 3195 would have been work- We appreciate the leadership role displayed National Multiple Sclerosis Society; Laura able for the courts—i.e., providing a new def- in these conversations by the following indi- Owens; APSE: The Network on Employment; inition of ‘‘substantially limits’’ in order to viduals on behalf of the business community: Cindy Smith, CHADD; Jim Ward, ADA convey to courts our intention that they Randy Johnson and Michael Eastman, U.S. Watch/National Council on Disability should apply a lower standard of severity Chamber of Commerce; Mike Peterson, HR Rights; Nathan Vafaie, National Health than they previously had—we accept the Policy Association; Jeri Gillespie, National Council; David Webbert, Johnson & Webbert; considered judgment of our colleagues in the Association of Manufacturers; Mike Aitken Joanne Lin, Michelle Richardson, and Debo- Senate that their approach achieves the and Mike Layman, Society for Human Re- rah Vagins, ACLU Washington Legislative same end, but in a manner more suitable to source Management. Office; Lynne Landsberg and Kate Bigam, their interests. We appreciate the intensive work done by Religious Action Center of Reform Judaism, S. 3406 also modifies the rule of construc- the core legal team in these discussions, led Amy Rosen, United Jewish Communities; tion that we had placed in H.R. 3195. Under by Professor Chai Feldblum and Jennifer Elissa Froman, National Council of Jewish the Senate’s construction, the definition of Mathis for the disability negotiators, ably Women; Jayne Mardock, National Kidney disability ‘‘shall be construed in favor of assisted by Kevin Barry, Jim Flug, John Foundation; Jack Clark and Mark Freed- broad coverage of individuals under this Act, Muller and Emily Benfer, and led by Mike man, U.S. Chamber of Commerce; Tim Bartl, to the maximum extent permitted by the Eastman, Lawrence Lorber, Proskauer Rose, HR Policy Association; Recardo Gibson, terms of this Act.’’ We understand that this LLP, and Mike Peterson. We know that this SHRM; Bo Bryant, McDonald’s; Keith Smith, provision will have the same meaning as the group greatly appreciated the wise counsel of Ryan Modlin and Bob Shepler, National As- rule of construction that we had included in lawyers from each of their respective com- sociation of Manufacturers; Ty Kelley, Food H.R. 3195, but with a clarification that the munities as they went through this process, Marketing Institute; and Jason Straczewski, courts may not interpret the definition of including Camille A. Olson, Seyfarth Shaw; International Franchise Association. disability in a manner inconsistent with the HR Policy Association’s Employment Rights Regardless of the work done by advocates, terms of the ADA. That, of course, is true. Committee, chaired by Susan Lueger of however, it is ultimately we in Congress who In addition, the changes made by S. 3406 Northwestern Mutual; Kevin McGuiness; and must get the job done. We applaud the com- will send an important signal to the courts. David Fram, who provided wise counsel for mitment of Congressman George Miller, We expect that courts interpreting the ADA the business community and Professor Sam Chair, and Congressman Buck McKeon, after these amendments are enacted will not Bagenstos; Brian East, Advocacy, Inc.; Clau- Ranking Member, Committee on Education demand such an extensive analysis over dia Center, Legal Aid of CA; Shereen Arent, and Labor; Congressman John Conyers, whether a person’s physical or mental im- ADA, Arlene Mayerson, DREDF and JoAnne Chair, and Congressman Lamar Smith, pairment constitutes a disability. Our goal Simon, who provided wise counsel for the Ranking Member, Committee on Judiciary; throughout this process has been to simplify disability community. Congressman Jerry Nadler, Chair, and Con- that analysis. We benefited greatly from the fact that gressman Trent Franks, Ranking Member, With the passage of the ADA Amendments former colleagues in both Congress and the Subcommittee on the Constitution, Civil Act today, we finally fulfill our promise to Administration lent their support to this ef- Rights, and Civil Liberties; Congressman tear down the barriers of ignorance and mis- fort, including former U.S. Representative John Dingell, Chair, and Congressman Joe

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.048 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8296 CONGRESSIONAL RECORD — HOUSE September 17, 2008 Barton, Ranking Member, Committee on En- found that a large number of people with sub- must be considered in determining whether an ergy and Commerce; Congressman James stantially limiting impairments are not to be impairment is disabling enough to qualify as a Oberstar, Chair, and Congressman John considered people with disabilities.’’ disability; and (2) by ruling that the elements Mica, Ranking Member, Committee on Unfortunately, the ADA has been misinter- Transportation and Infrastructure for bring- of the definition must be interpreted ‘‘strictly to ing this bill successfully through their com- preted by the courts resulting in a narrow view create a demanding standard for qualifying as mittees. We applaud our 400 colleagues who of those eligible to receive certain reasonable disabled.’’ The Court’s treatment of the ADA is voted with us to pass the ADA Amendments accommodations including individuals with at odds with judicial treatment of other civil Act this past June and we applaud the Sen- learning disabilities. Historically, certain indi- rights statutes, which usually are interpreted ate that unanimously passed the ADA viduals with learning disabilities seeking ac- broadly to achieve their remedial purposes. It Amendments Act last week. commodations in higher education—including is also inconsistent with Congress’s intent. And, of course, there is no way we could high stakes exams—have seen their access to The Committee will consider a substitute have done all the work that we did on this testing accommodations severely undercut by that represents the consensus view of dis- bill without the dedicated assistance of our staff and the staff of the committees. So, we testing companies not willing to consider and ability rights groups and the business commu- would particularly like to thank Michele support that learning disabilities are nity. That substitute restores Congressional in- Stockwell, Keith Abouchar, Michael Lenn, neurologically based, lifelong disabilities that tent by, among other things: Sharon Lewis, Heather Sawyer, Mark may exist in students with high academic Disallowing consideration of mitigating Zuckerman, Jim Paretti, Ed Gilroy, Brian achievement because the individual has been measures other than corrective lenses (ordi- Kennedy, Paul Taylor, David Lachmann, able to cope and mitigate the negative impact nary eyeglasses or contacts) when deter- Alex, Nock, Thomas Webb, Jody Calemine, while simultaneously being substantially lim- mining whether an impairment is sufficiently Tico Almeida, Chris Brown, and Ken Serafin. ited in one or more major life activities. limiting to qualify as a disability; What really matters, when all is said and Too many individuals with documented Maintaining the requirement that an indi- done, is the work done by people with dis- vidual qualifying as disabled under the first of abilities every day across this great nation. learning disabilities, including dyslexia, are de- The passage of the ADA Amendments Act nied access to easily administered and often the three-prong definition of ‘‘disability’’ show today is intended to ensure that they receive low-cost accommodations that would make the that an impairment ‘‘substantially limits’’ a the simple, basic opportunity to participate critical difference in allowing them to dem- major life activity but defining ‘‘substantially fully in all aspects of society. We are grate- onstrate their knowledge. These amendments limits’’ as a less burdensome ‘‘materially re- ful to have played a role in helping to make to the ADA do not provide any special treat- stricts’’; that happen, ment, but rather, ensure that each individual Clarifying that anyone who is discriminated Mr. VAN HOLLEN. Madam Speaker, I rise with a learning disability has every opportunity against because of an impairment, whether or in strong support of S. 3406, the ADA Amend- to apply for and receive a reasonable accom- not the impairment limits the performance of ments Act of 2008. This bipartisan legislation, modation so he/she can move forward in his/ any major life activities, has been ‘‘regarded which will restore the original intent of the her chosen educational and career paths. as’’ disabled and is entitled to the ADA’s pro- Americans with Disabilities Act, ADA, is long This bill continues to reinforce what we stat- tection. overdue. ed in our bipartisan committee report, that ‘‘the BACKGROUND ON LEGISLATION The passage of the ADA in 1990 helped determination of whether an impairment sub- Eighteen years ago, President George H.W. millions of Americans with disabilities succeed stantially limits a major life activity is to be Bush, with overwhelming bipartisan support in life and the workplace by making essential made on an individualized basis.’’ There from the Congress, signed into law the ADA. services that most Americans take for granted should be no attempt to discriminate against a The Act was intended to provide a ‘‘clear and more accessible to individuals with disabilities. class of individuals based on any one dis- comprehensive mandate,’’ with ‘‘strong, con- It was truly a landmark civil rights law to en- ability. For example, people with dyslexia are sistent, enforceable standards,’’ for eliminating sure that people with disabilities have protec- diagnosed based on an unexpected difficulty disability-based discrimination. Through this tion from discrimination in the same manner in reading. This requires a careful analysis of broad mandate, Congress sought to protect as individuals are protected from discrimina- the method and manner in which this impair- anyone who is treated less favorably because tion on the basis of race, gender, national ori- ment substantially limits an individual’s ability of a current, past, or perceived disability. Con- gin, religion, or age. to read, which may mean a difference in the gress did not intend for the courts to seize on In recent years, the Federal courts have er- duration, condition or manner of reading—for the definition of disability as a means of ex- roneously eroded the protections for individ- example, taking more time—but may not result cluding individuals with serious health condi- uals under the ADA, which has created a new in a less capable reader. tions from protection, yet this is exactly what set of barriers for those with disabilities. This Together, we can ensure that the ADA is has happened. A legislative action is now bill rejects the courts’ narrow interpretation of accurately interpreted to provide access to ac- needed to restore congressional intent and en- the definition of disability, and makes it abso- commodations for those that have appro- sure broad protection against disability-based lutely clear that the ADA is intended to provide priately documented disabilities. By supporting discrimination. broad coverage to protect anyone who faces and fostering the academic potential for these COURT RULINGS HAVE NARROWED ADA PROTECTION, RE- discrimination on the basis of disability. It individuals, we reap the benefits when tal- SULTING IN THE EXCLUSION OF INDIVIDUALS THAT strikes a careful balance between the needs of ented, ambitious and creative individuals are CONGRESS CLEARLY INTENDED TO PROTECT. individuals with disabilities and realities con- able to fulfill their education dreams and con- Through a series of decisions interpreting fronted by employers. tribute in a meaningful way to our society. the ADA’s definition of ‘‘disability,’’ however, Madam Speaker, the Congress is taking an Ms. JACKSON-LEE of Texas. Madam the Supreme Court has narrowed the ADA in important step towards restoring the original Speaker, I rise today in support of S. 3406, ways never intended by Congress. First, in intent of the ADA. By doing so, we will help the ‘‘ADA Restoration Act of 2007.’’ I whole- three cases decided on the same day, the Su- ensure that Americans with disabilities can heartedly support this bill and urge my col- preme Court ruled that the determination of lead independent and self-sufficient lives. I leagues to support it also. The changes em- ‘‘disability’’ under the first prong of the defini- urge my colleagues to support this much- bodied by this Act, that restore the with Dis- tion—i.e., whether an individual has a sub- needed legislation. abilities Act of 1990 (‘‘ADA’’) to its original pur- stantially limiting impairment—should be made Mr. COURTNEY. Madam Speaker, I rise in pose, are long overdue. after considering whether mitigating measures strong support of the Americans With Disabil- S. 3406, the ‘‘ADA Restoration Act of 2007,’’ had reduced the impact of the impairment. In ities Act Amendments Act of 2008 (ADAAA), amends the definition of ‘‘disability’’ in the all three cases, the undisputed reason for the S. 3406. I want to commend Majority Leader ADA in response to the Supreme Court’s nar- adverse action was the employee’s medical HOYER and Chairman MILLER for moving this row interpretation of the definition, which has condition, yet all three employers argued—and bill so quickly after Senate passage late last made it extremely difficult for individuals with the Supreme Court agreed—that the plaintiffs week. serious health conditions—epilepsy, diabetes, were not protected by the ADA because their As the Education and Labor Committee said cancer, muscular dystrophy, multiple sclerosis impairments, when considered in a mitigated in its report on H.R. 3195, this bill provides and severe intellectual impairments—to prove state, were not limiting enough to qualify as ‘‘an important step towards restoring the origi- that they qualify for protection under the ADA. disabilities under the ADA. nal intent of Congress. The scope of protec- The Supreme Court has narrowed the defini- Three years later, the Supreme Court revis- tion under the ADA was intended to be broad tion in two ways: (1) by ruling that mitigating ited the definition of ‘‘disability’’ in Toyota and inclusive. Unfortunately, the courts have measures that help control an impairment like Motor Manufacturing, Kentucky, Inc. v. Wil- narrowed the interpretation of disability and medicine, hearing aids, or any other treatment liams. In that case, the plaintiff alleged that

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4634 Sfmt 9920 E:\CR\FM\A17SE7.051 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8297

her employer discriminated against her by fail- cause it had been interpreted generously by HOYER and Mr. SENSENBRENNER, as well as ing to accommodate her disabilities, which in- the courts, Representative HOYER testified that Senator HARKIN and others who shepherded cluded carpal tunnel syndrome, myotendonitis, Congress had never anticipated or intended the ADA Amendments Act through the Senate. and thoracic outlet compression. While her that the courts would interpret that definition Importantly, the ADA Amendments Act ad- employer previously had adjusted her job du- so narrowly: dresses the restrictive interpretation of what it ties, making it possible for her to perform well [W]e could not have fathomed that people means to have a ‘‘disability’’ and therefore be despite these conditions, Williams was not with diabetes, epilepsy, heart conditions, protected against disability discrimination. In able to resume certain job duties when re- cancer, mental illnesses and other disabil- Toyota Motor Manufacturing, Kentucky, Inc. v. quested by Toyota and ultimately lost her job. ities would have their ADA claims denied be- Williams, the Supreme Court ruled that the She challenged the termination, also alleging cause they would be considered too func- definition of disability must be read ‘‘strictly to tional to meet the definition of disabled. Nor create a demanding standard for qualifying as that Toyota’s refusal to continue accommo- could we have fathomed a situation where dating her violated the ADA. Looking to the the individual may be considered too dis- disabled’’ and, to meet the definition, an indi- definition of ‘‘disability,’’ the Court noted that abled by an employer to get a job, but not vidual must have an impairment that ‘‘prevents an individual ‘‘must initially prove that he or disabled enough by the courts to be pro- or severely restricts the individual from doing she has a physical or mental impairment,’’ and tected by the ADA from discrimination. activities that are of central importance to then demonstrate that the impairment ‘‘sub- What a contradictory position that would most people’s daily lives.’’ stantially limits’’ a ‘‘major life activity.’’ Identi- have been for Congress to take. Due to that and other narrow court interpre- fying the critical questions to be whether a lim- Representative HOYER, joined by all of the tations, people with HIV who have been fired, itation is ‘‘substantial’’ and whether a life activ- witnesses except Mr. Lorber, urged Congress not hired, or suffered other adverse employ- ity is ‘‘major,’’ the court stated that ‘‘these to respond by passing H.R. 3195, the House ment actions have been denied the protec- terms need to be interpreted strictly to create companion, to amend the definition of ‘‘dis- tions of the ADA. Although the ADA clearly in- a demanding standard for qualifying as dis- ability.’’ Mr. Lorber, appearing on behalf of the tended to protect people living with HIV from abled.’’ The Court then concluded that ‘‘sub- Chamber of Commerce, opposed H.R. 3195 being discriminated against based on having stantial’’ requires a showing that an individual as an overly broad response to court deci- HIV, many have had their lawsuits derailed by has an impairment ‘‘that prevents or severely sions that accurately reflected statutory lan- disputes over whether they meet a narrowly restricts the individual, and ‘major’ life activi- guage and congressional intent. interpreted definition of the term ‘‘disability.’’ ties requires a showing that the individual is Since the subcommittee’s hearing, several For people living with HIV, all too often wheth- restricted from performing tasks that are ‘of changes have been made to the bill, which er or not they could proceed with their dis- central importance to most people’s daily are reflected in the substitute that will likely be crimination claim has turned on the court’s lives.’ ’’ considered by the committee. The substitute, view of evidence as to their child-bearing abil- In the wake of these rulings, disabilities that described section-by-section below, represents ity and intentions: highly personal, intimate had been covered under the Rehabilitation Act the consensus of the disability rights and busi- matters that are completely unrelated to the and that Congress intended to include under ness groups and is supported by, among oth- discrimination they experienced. the ADA—serious health conditions like epi- ers, the Chamber of Commerce. The ADA Amendments Act remedies the lepsy, diabetes, cancer, cerebral palsy, mul- Importantly, Section 4 of the bill amends the courts’ misinterpretation of the ADA by explic- tiple sclerosis—have been excluded. Either, definition of ‘‘disability’’ and provides stand- itly stating that the definition of ‘‘disability’’ the courts say, the person is not impaired ards for applying the amended definition. must be interpreted broadly to achieve the enough to substantially limit a major life activ- While retaining the requirement that a dis- ADA’s remedial purposes, by clarifying the ity, or the impairment substantially limits ability ‘‘substantially limits’’ a ‘‘major’’ life activ- definition of ‘‘disability’’ through examples of something—like liver function—that the courts ity under prongs 1 and 2 of the definition of ‘‘major life activities,’’ and by providing that the do not consider a major life activity. Courts disability, section 4 redefines ‘‘substantially determination of whether an impairment sub- even deny protection when the employer ad- limits’’ as ‘‘materially restricts’’ to indicate a stantially limits a major life activity must be mits that it took adverse action based on the less stringent standard. Thus, while the limita- made without regard to the ameliorative ef- individual’s impairment, allowing employers to tion imposed by an impairment must be impor- fects of mitigating measures. Of significance take the position that an employee is too dis- tant, it need not rise to the level of preventing for people living with HIV, among the listed ex- abled to do a job but not disabled enough to or severely restricting the performance of amples of ‘‘major life activities’’ are ‘‘functions be protected by the law. major life activities in order to qualify as a dis- of the immune system,’’ as well as ‘‘reproduc- On October 4, 2007, the Subcommittee on ability. Section 4 provides an illustrative list of tive functions.’’ Under these new provisions, the Constitution, Civil Rights, and Civil Lib- life activities that should be considered many individuals who were incorrectly denied erties held a legislative hearing on S. 3406, ‘‘major,’’ and clarifies that an individual has coverage under the ADA will now be protected the ‘‘ADA Restoration Act of 2007.’’ Witnesses been ‘‘regarded as’’ disabled and is entitled to from discrimination. Some examples follow: at the hearing included Majority Leader STENY protection under the ADA if discriminated Rubin Cruz Carrillo was fired from his job as H. HOYER (D–MD); Cheryl Sensenbrenner, against because of an impairment, whether or a flight attendant 1 day after he told his em- Chair, American Association of People with not the impairment limits the performance of ployer that he had been diagnosed with HIV Disabilities; Stephen C. Orr, pharmacist and any major life activities. Section 4 requires and asked to speak with his supervisors about plaintiff in Orr v. Wal-Mart Stores, Inc.; Mi- broad construction of the definition and pro- this under ‘‘strict confidentiality.’’ Because he chael C. Collins, Executive Director, National hibits consideration of mitigating measures was fired immediately after disclosing his HIV Council on Disability; Lawrence Z. Lorber, (with the exception of ordinary glasses or con- status, Rubin believed that the airline termi- U.S. Chamber of Commerce; and Chai R. tact lenses) in determining whether an impair- nated him because of his disability and filed Feldblum, Professor, ment substantially limits a major life activity. suit under the ADA. To show that his HIV in- Law Center. I support this bill, and I urge my colleagues fection ‘‘substantially limits’’ a ‘‘major life activ- The hearing provided an opportunity for the to support it also. ity,’’ Rubin explained that he decided not to Constitution Subcommittee to examine how Ms. BALDWIN. Madam Speaker, I rise in have children because of the risk of infecting the Supreme Court’s decisions regarding the support of S. 3406, the Americans with Dis- his female partner or their resulting child definition of ‘‘disability’’ have affected ADA abilities Act (ADA) Amendments Act. through unprotected sexual intercourse. The protection for individuals with disabilities and This vital legislation restores the civil rights trial judge discounted his testimony, saying to consider the need for legislative action. protections that Congress intended for people that Rubin was ‘‘not an expert in the medical Representative HOYER, one of the lead spon- with disabilities in passing the ADA in 1990. In field of immunology or reproduction.’’ The sors of the original act and, along with Rep- the years since passage of the ADA, courts— court concluded that Rubin had not estab- resentative SENSENBRENNER, lead House co- including the U.S. Supreme Court—have nar- lished that he had a ‘‘disability’’ because he sponsor of the ADA Restoration Act, explained rowed the protective reach of this law, under- failed to introduce medical evidence that HIV the need to respond to court decisions ‘‘that mining Congress’ intent. It is flatly unaccept- substantially limits a man’s ability to repro- have sharply restricted the class of people able that Americans who experienced dis- duce. Therefore, the court ruled Rubin was not who can invoke protection under the law and ability-based discrimination have been denied entitled to the protections of the ADA. [reinstate] the original congressional intent protection of the ADA and barred from chal- In contrast, another judge on the same Fed- when the ADA passed.’’ Explaining lenging discriminatory conduct. This bill is an eral district court found that a female with HIV Congress’s choice to adopt the definition of important and necessary remedy, and I’m was entitled to ADA protection. Yesenia ‘‘disability’’ from the Rehabilitation Act be- grateful to our champions in the House, Mr. Rodriguez alleged that she was discharged

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4634 Sfmt 9920 E:\CR\FM\A17SE7.036 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8298 CONGRESSIONAL RECORD — HOUSE September 17, 2008 from an assignment because she had HIV. Resolved, That the bill from the House of come a lawful permanent resident with the Sec- The court found that she was ‘‘disabled’’ under Representatives (H.R. 2608) entitled ‘‘An Act retary of Homeland Security, and the Commis- the meaning of the ADA, based on her testi- to amend section 402 of the Personal Respon- sioner of Social Security has verified, through sibility and Work Opportunity Reconcili- procedures established in consultation with mony that she decided not to have more chil- ation Act of 1996 to provide, in fiscal years such Secretary, that such application is pend- dren due to the possibility of transmitting HIV 2008 through 2010, extensions of supplemental ing; to her child if she did. security income for refugees, asylees, and ‘‘(cc) has been granted the status of Cuban Other courts have granted summary judg- certain other humanitarian immigrants, and and Haitian entrant, as defined in section 501(e) ment for employers (dismissing discrimination to amend the Internal Revenue Code to col- of the Refugee Education Assistance Act of 1980 claims) on the grounds that the employee with lect unemployment compensation debts re- (Public Law 96–422), for purposes of the speci- HIV did not establish that his HIV was a ‘‘dis- sulting from fraud.’’, do pass with the fol- fied Federal program described in paragraph lowing amendments: (3)(A); ability.’’ For example, Fabio Gutwaks’’ dis- ‘‘(dd) has had his or her deportation withheld crimination claim was dismissed after the court Strike all after the enacting clause and in- sert the following: by the Secretary of Homeland Security under concluded that he had failed to establish that SECTION 1. SHORT TITLE. section 243(h) of the Immigration and Nation- he was substantially limited in the major life This Act may be cited as the ‘‘SSI Extension ality Act (as in effect immediately before the ef- activity of reproduction because he testified for Elderly and Disabled Refugees Act’’. fective date of section 307 of division C of Public Law 104–208), or whose removal is withheld that he did not currently, or previously, desire SEC. 2. SSI EXTENSIONS FOR HUMANITARIAN IM- to father children. Similarly, Albenjamin MIGRANTS. under section 241(b)(3) of such Act; ‘‘(ee) has not attained age 18; or Blanks’ claim was dismissed after he testified Section 402(a)(2) of the Personal Responsi- ‘‘(ff) has attained age 70. that he and his wife had decided not to have bility and Work Opportunity Reconciliation Act ‘‘(IV) DECLARATION REQUIRED.— any more children long before the discrimina- of 1996 (8 U.S.C. 1612(a)(2)) is amended by add- ‘‘(aa) IN GENERAL.—For purposes of sub- tory conduct occurred and that his wife had ing at the end the following: clauses (I) and (II), the declaration required undergone a procedure to prevent her from ‘‘(M) SSI EXTENSIONS THROUGH FISCAL YEAR under this subclause of a qualified alien or vic- 2011.— tim of trafficking described in either such sub- having any more children. ‘‘(i) TWO-YEAR EXTENSION FOR CERTAIN ALIENS The ADA was meant to prohibit discrimina- clause is a declaration under penalty of perjury AND VICTIMS OF TRAFFICKING.— stating that the alien or victim has made a good tion against people with disabilities. Yet, many ‘‘(I) IN GENERAL.—Subject to clause (ii), with faith effort to pursue United States citizenship, people with HIV have been denied coverage respect to eligibility for benefits under subpara- as determined by the Secretary of Homeland Se- under the ADA and therefore left without any graph (A) for the specified Federal program de- curity. The Commissioner of Social Security legal recourse against discrimination. Under scribed in paragraph (3)(A) of qualified aliens shall develop criteria as needed, in consultation the ADA Amendments Act, these men and (as defined in section 431(b)) and victims of traf- with the Secretary of Homeland Security, for women will all be assured legal protection for ficking in persons (as defined in section consideration of such declarations. 107(b)(1)(C) of division A of the Victims of Traf- ‘‘(bb) EXCEPTION FOR CHILDREN.—A qualified discrimination based on their HIV status, irre- ficking and Violence Protection Act of 2000 spective of their child-bearing intentions or alien or victim of trafficking described in sub- (Public Law 106–386) or as granted status under clause (I) or (II) who has not attained age 18 lack of expert testimony about HIV’s impact on section 101(a)(15)(T)(ii) of the Immigration and shall not be required to furnish to the Commis- child-bearing. Nationality Act), the 7-year period described in sioner of Social Security a declaration described By passing the ADA Amendments Act, we subparagraph (A) shall be deemed to be a 9-year in item (aa) as a condition of being eligible for reaffirm the right for American workers—in- period during fiscal years 2009 through 2011 in the specified Federal program described in para- cluding any American living with HIV—to be the case of such a qualified alien or victim of graph (3)(A) for an additional 2-year period in judged based upon their skills, talents, loyalty, trafficking who furnishes to the Commissioner accordance with this clause. of Social Security the declaration required ‘‘(V) PAYMENT OF BENEFITS TO ALIENS WHOSE character, integrity and work ethic. I am under subclause (IV) (if applicable) and is de- pleased to support this bill to ensure that all BENEFITS CEASED IN PRIOR FISCAL YEARS.—Bene- scribed in subclause (III). fits paid to a qualified alien or victim described Americans have a fair opportunity to work. ‘‘(II) ALIENS AND VICTIMS WHOSE BENEFITS in subclause (II) shall be paid prospectively over The SPEAKER pro tempore. All time CEASED IN PRIOR FISCAL YEARS.—Subject to the duration of the qualified alien’s or victim’s has expired. clause (ii), beginning on the date of the enact- renewed eligibility. The question is on the motion offered ment of the SSI Extension for Elderly and Dis- ‘‘(ii) SPECIAL RULE IN CASE OF PENDING OR AP- by the gentleman from California (Mr. abled Refugees Act, any qualified alien (as de- PROVED NATURALIZATION APPLICATION.—With GEORGE MILLER) that the House sus- fined in section 431(b)) or victim of trafficking in respect to eligibility for benefits for the specified pend the rules and pass the Senate bill, persons (as defined in section 107(b)(1)(C) of di- program described in paragraph (3)(A), para- vision A of the Victims of Trafficking and Vio- S. 3406. graph (1) shall not apply during fiscal years lence Protection Act of 2000 (Public Law 106– 2009 through 2011 to an alien described in one of The question was taken; and (two- 386) or as granted status under section clauses (i) through (v) of subparagraph (A) or a thirds being in the affirmative) the 101(a)(15)(T)(ii) of the Immigration and Nation- victim of trafficking in persons (as defined in rules were suspended and the Senate ality Act) rendered ineligible for the specified section 107(b)(1)(C) of division A of the Victims bill was passed. Federal program described in paragraph (3)(A) of Trafficking and Violence Protection Act of A motion to reconsider was laid on during the period beginning on August 22, 1996, 2000 (Public Law 106–386) or as granted status the table. and ending on September 30, 2008, solely by rea- under section 101(a)(15)(T)(ii) of the Immigra- son of the termination of the 7-year period de- tion and Nationality Act), if such alien or victim f scribed in subparagraph (A) shall be eligible for (including any such alien or victim rendered in- SSI EXTENSION FOR ELDERLY such program for an additional 2-year period in eligible for the specified Federal program de- AND DISABLED REFUGEES ACT accordance with this clause, if such qualified scribed in paragraph (3)(A) during the period alien or victim of trafficking meets all other eli- beginning on August 22, 1996, and ending on Mr. MCDERMOTT. Madam Speaker, I gibility factors under title XVI of the Social Se- September 30, 2008, solely by reason of the termi- move to suspend the rules and concur curity Act, furnishes to the Commissioner of So- nation of the 7-year period described in sub- in the Senate amendments to the bill cial Security the declaration required under paragraph (A)) has filed an application for nat- (H.R. 2608) to amend section 402 of the subclause (IV) (if applicable), and is described uralization that is pending before the Secretary Personal Responsibility and Work Op- in subclause (III). of Homeland Security or a United States district portunity Reconciliation Act of 1996 to ‘‘(III) ALIENS AND VICTIMS DESCRIBED.—For court based on section 336(b) of the Immigration purposes of subclauses (I) and (II), a qualified provide, in fiscal years 2008 through and Nationality Act, or has been approved for alien or victim of trafficking described in this naturalization but not yet sworn in as a United 2010, extensions of supplemental secu- subclause is an alien or victim who— States citizen, and the Commissioner of Social rity income for refugees, asylees, and ‘‘(aa) has been a lawful permanent resident Security has verified, through procedures estab- certain other humanitarian immi- for less than 6 years and such status has not lished in consultation with the Secretary of grants, and to amend the Internal Rev- been abandoned, rescinded under section 246 of Homeland Security, that such application is enue Code to collect unemployment the Immigration and Nationality Act, or termi- pending or has been approved.’’. compensation debts resulting from nated through removal proceedings under sec- SEC. 3. COLLECTION OF UNEMPLOYMENT COM- fraud. tion 240 of the Immigration and Nationality Act, PENSATION DEBTS RESULTING The Clerk read the title of the bill. and the Commissioner of Social Security has FROM FRAUD. verified such status, through procedures estab- (a) IN GENERAL.—Section 6402 of the Internal The text of the Senate amendments lished in consultation with the Secretary of Revenue Code (relating to authority to make is as follows: Homeland Security; credits or refunds) is amended by redesignating Senate amendments: ‘‘(bb) has filed an application, within 4 years subsections (f) through (k) as subsections (g) In the Senate of the United States, August from the date the alien or victim began receiving through (l), respectively, and by inserting after 1, 2008. supplemental security income benefits, to be- subsection (e) the following new subsection:

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4634 Sfmt 6333 E:\CR\FM\A17SE7.059 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8299

‘‘(f) COLLECTION OF UNEMPLOYMENT COM- ‘‘(C) any penalties and interest assessed on (C) in the matter following subparagraph PENSATION DEBTS RESULTING FROM FRAUD.— such debt. (F)(iii)— ‘‘(1) IN GENERAL.—Upon receiving notice from ‘‘(6) REGULATIONS.— (i) in each of the first two places it appears, any State that a named person owes a covered ‘‘(A) IN GENERAL.—The Secretary may issue by striking ‘‘(l)(16),’’ and inserting ‘‘(l)(10), unemployment compensation debt to such State, regulations prescribing the time and manner in (16),’’; the Secretary shall, under such conditions as which States must submit notices of covered un- (ii) by inserting ‘‘(10),’’ after ‘‘paragraph may be prescribed by the Secretary— employment compensation debt and the nec- (6)(A),’’; and ‘‘(A) reduce the amount of any overpayment essary information that must be contained in or (iii) in each of the last two places it appears, payable to such person by the amount of such accompany such notices. The regulations may by striking ‘‘(l)(16)’’ and inserting ‘‘(l)(10) or covered unemployment compensation debt; specify the minimum amount of debt to which (16)’’. the reduction procedure established by para- ‘‘(B) pay the amount by which such overpay- (c) EXPENDITURES FROM STATE FUND.—Sec- ment is reduced under subparagraph (A) to such graph (1) may be applied. tion 3304(a)(4) of such Code is amended— ‘‘(B) FEE PAYABLE TO SECRETARY.—The regu- State and notify such State of such person’s (1) in subparagraph (E), by striking ‘‘and’’ lations may require States to pay a fee to the name, taxpayer identification number, address, after the semicolon; and the amount collected; and Secretary, which may be deducted from amounts (2) in subparagraph (F), by inserting ‘‘and’’ ‘‘(C) notify the person making such overpay- collected, to reimburse the Secretary for the cost after the semicolon; and ment that the overpayment has been reduced by of applying such procedure. Any fee paid to the an amount necessary to satisfy a covered unem- Secretary pursuant to the preceding sentence (3) by adding at the end the following new ployment compensation debt. shall be used to reimburse appropriations which subparagraph: bore all or part of the cost of applying such pro- ‘‘(G) with respect to amounts of covered un- If an offset is made pursuant to a joint return, employment compensation debt (as defined in the notice under subparagraph (C) shall include cedure. ‘‘(C) SUBMISSION OF NOTICES THROUGH SEC- section 6402(f)(4)) collected under section information related to the rights of a spouse of 6402(f)— a person subject to such an offset. RETARY OF LABOR.—The regulations may in- ‘‘(i) amounts may be deducted to pay any fees ‘‘(2) PRIORITIES FOR OFFSET.—Any overpay- clude a requirement that States submit notices authorized under such section; and ment by a person shall be reduced pursuant to of covered unemployment compensation debt to this subsection— the Secretary via the Secretary of Labor in ac- ‘‘(ii) the penalties and interest described in ‘‘(A) after such overpayment is reduced pur- cordance with procedures established by the section 6402(f)(4)(B) may be transferred to the suant to— Secretary of Labor. Such procedures may re- appropriate State fund into which the State ‘‘(i) subsection (a) with respect to any liability quire States to pay a fee to the Secretary of would have deposited such amounts had the for any internal revenue tax on the part of the Labor to reimburse the Secretary of Labor for person owing the debt paid such amounts di- person who made the overpayment; the costs of applying this subsection. Any such rectly to the State;’’. ‘‘(ii) subsection (c) with respect to past-due fee shall be established in consultation with the (d) CONFORMING AMENDMENTS.— support; and Secretary of the Treasury. Any fee paid to the (1) Subsection (a) of section 6402 of such Code ‘‘(iii) subsection (d) with respect to any past- Secretary of Labor may be deducted from is amended by striking ‘‘(c), (d), and (e),’’ and due, legally enforceable debt owed to a Federal amounts collected and shall be used to reim- inserting ‘‘(c), (d), (e), and (f)’’. agency; and burse the appropriation account which bore all (2) Paragraph (2) of section 6402(d) of such ‘‘(B) before such overpayment is credited to or part of the cost of applying this subsection. Code is amended by striking ‘‘and before such the future liability for any Federal internal rev- ‘‘(7) ERRONEOUS PAYMENT TO STATE.—Any overpayment is reduced pursuant to subsection enue tax of such person pursuant to subsection State receiving notice from the Secretary that an (e)’’ and inserting ‘‘and before such overpay- (b). erroneous payment has been made to such State ment is reduced pursuant to subsections (e) and under paragraph (1) shall pay promptly to the If the Secretary receives notice from a State or (f)’’. Secretary, in accordance with such regulations (3) Paragraph (3) of section 6402(e) of such States of more than one debt subject to para- as the Secretary may prescribe, an amount graph (1) or subsection (e) that is owed by a per- Code is amended in the last sentence by insert- equal to the amount of such erroneous payment ing ‘‘or subsection (f)’’ after ‘‘paragraph (1)’’. son to such State or States, any overpayment by (without regard to whether any other amounts such person shall be applied against such debts (4) Subsection (g) of section 6402 of such Code, payable to such State under such paragraph as redesignated by subsection (a), is amended by in the order in which such debts accrued. have been paid to such State). ‘‘(3) OFFSET PERMITTED ONLY AGAINST RESI- striking ‘‘(c), (d), or (e)’’ and inserting ‘‘(c), (d), ‘‘(8) TERMINATION.—This section shall not (e), or (f)’’. DENTS OF STATE SEEKING OFFSET.—Paragraph apply to refunds payable after the date which is (5) Subsection (i) of section 6402 of such Code, (1) shall apply to an overpayment by any person 10 years after the date of the enactment of this as redesignated by subsection (a), is amended by for a taxable year only if the address shown on subsection.’’. striking ‘‘subsection (c) or (e)’’ and inserting the Federal return for such taxable year of the (b) DISCLOSURE OF CERTAIN INFORMATION TO ‘‘subsection (c), (e), or (f)’’. overpayment is an address within the State STATES REQUESTING REFUND OFFSETS FOR LE- (e) EFFECTIVE DATE.—The amendments made seeking the offset. GALLY ENFORCEABLE STATE UNEMPLOYMENT by this section shall apply to refunds payable ‘‘(4) NOTICE; CONSIDERATION OF EVIDENCE.— COMPENSATION DEBT RESULTING FROM under section 6402 of the Internal Revenue Code No State may take action under this subsection FRAUD.— until such State— (1) GENERAL RULE.—Paragraph (3) of section of 1986 on or after the date of enactment of this ‘‘(A) notifies by certified mail with return re- 6103(a) of such Code is amended by inserting Act. ceipt the person owing the covered unemploy- ‘‘(10),’’ after ‘‘(6),’’. Amend the title so as to read: ‘‘An Act to ment compensation debt that the State proposes (2) DISCLOSURE TO DEPARTMENT OF LABOR AND amend section 402 of the Personal Responsi- to take action pursuant to this section; ITS AGENT.—Paragraph (10) of section 6103(l) of bility and Work Opportunity Reconciliation ‘‘(B) provides such person at least 60 days to such Code is amended— Act of 1996 to provide, in fiscal years 2009 present evidence that all or part of such liability (A) by striking ‘‘(c), (d), or (e)’’ each place it through 2011, extensions of supplemental se- is not legally enforceable or due to fraud; appears in the heading and text and inserting curity income for refugees, asylees, and cer- ‘‘(C) considers any evidence presented by such ‘‘(c), (d), (e), or (f)’’, tain other humanitarian immigrants, and to person and determines that an amount of such (B) in subparagraph (A) by inserting ‘‘, to of- amend the Internal Revenue Code of 1986 to debt is legally enforceable and due to fraud; and ficers and employees of the Department of Labor collect unemployment compensation debts ‘‘(D) satisfies such other conditions as the for purposes of facilitating the exchange of data resulting from fraud.’’. Secretary may prescribe to ensure that the de- in connection with a request made under sub- The SPEAKER pro tempore. Pursu- termination made under subparagraph (C) is section (f)(5) of section 6402,’’ after ‘‘section ant to the rule, the gentleman from valid and that the State has made reasonable ef- 6402’’, and Washington (Mr. MCDERMOTT) and the forts to obtain payment of such covered unem- (C) in subparagraph (B)— ployment compensation debt. (i) by inserting ‘‘(i)’’ after ‘‘(B)’’; and gentleman from Illinois (Mr. WELLER) ‘‘(5) COVERED UNEMPLOYMENT COMPENSATION (ii) by adding at the end the following: each will control 20 minutes. DEBT.—For purposes of this subsection, the term ‘‘(ii) Notwithstanding clause (i), return infor- The Chair recognizes the gentleman ‘covered unemployment compensation debt’ mation disclosed to officers and employees of the from Washington. means— Department of Labor may be accessed by agents GENERAL LEAVE ‘‘(A) a past-due debt for erroneous payment of who maintain and provide technological support unemployment compensation due to fraud to the Department of Labor’s Interstate Connec- Mr. MCDERMOTT. Madam Speaker, I which has become final under the law of a State tion Network (ICON) solely for the purpose of ask unanimous consent that all Mem- certified by the Secretary of Labor pursuant to providing such maintenance and support.’’. bers may have 5 legislative days to re- section 3304 and which remains uncollected for (3) SAFEGUARDS.—Paragraph (4) of section vise and extend their remarks and to not more than 10 years; 6103(p) of such Code is amended— include extraneous material on the bill ‘‘(B) contributions due to the unemployment (A) in the matter preceding subparagraph (A), under consideration. fund of a State for which the State has deter- by striking ‘‘(l)(16),’’ and inserting ‘‘(l)(10), mined the person to be liable due to fraud and (16),’’; The SPEAKER pro tempore. Is there which remain uncollected for not more than 10 (B) in subparagraph (F)(i), by striking objection to the request of the gen- years; and ‘‘(l)(16),’’ and inserting ‘‘(l)(10), (16),’’; and tleman from Washington?

VerDate Aug 31 2005 04:43 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.006 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8300 CONGRESSIONAL RECORD — HOUSE September 17, 2008 There was no objection. additional time for those awaiting a have fled persecution and suffering in Mr. MCDERMOTT. I yield myself decision on the pending application for their own countries, and include refu- such time as I may consume. citizenship. These policies would be in gees, asylees, Cuban-Haitian entrants, Madam Speaker, I think the torch of effect through 2011 and would restore Hmong tribesmen who fought on the the Statue of Liberty might just be SSI benefits for roughly 20,000 refugees. side of the United States, victims of burning a little brighter today because The legislation completely offsets communist dictatorships and victims we are soon going to send to the Presi- the cost of this SSI extension for refu- of trafficking from around the world. dent a bill that helps the most vulner- gees with a provision that would re- This legislation provides them addi- able on our shores, refugees coming to duce Federal tax refunds to recover tional eligibility to ensure that a America fleeing persecution, injustice, fraudulent unemployment insurance lengthy citizenship application process torture and even the threat of death. payments. This Federal tax revenue does not inadvertently cause an elderly They are Jews from the former Soviet offset authority already exists to col- or disabled refugee to lose access to Union, Kurds from Iraq, Hmong fight- lect unpaid child support, unpaid State SSI benefits. ers from Vietnam and other oppressed taxes and debts owed to Federal agen- Because this expanded eligibility for peoples from around the globe. cies. low income, disabled and aged immi- Refugees often flee their home coun- Before pursuing a tax offset, a State grants will be extended only through tries with little more than their would be required to notify the indi- fiscal year 2011, a future Congress will clothes on their backs. When they are vidual and provide them with at least need to review whether these provi- disabled or elderly, employment can be 60 days to contest the amount being re- sions are working as intended and need difficult, which means they face almost covered. By catching and reducing to be extended. That future Congress complete destitution without assist- fraud in the unemployment insurance can and should question whether refu- ance. Our Nation’s program that is de- system, this provision not only offsets gees and others, who are playing by the signed to help low-income elderly and the cost of SSI extension for refugees, rules and who apply for citizenship, disabled individuals, the Supplemental but it also would reduce unemployment have adequate and sufficient time to go Security Income program, or SSI, now taxes on employers. The Joint Com- through that process without losing ac- terminates assistance to these refugees mittee on Taxation estimates the leg- cess to SSI benefits. after they have been in the United islation will cut payroll taxes by $315 To cover the cost of these additional States for 7 years. This cutoff was de- million over the next 10 years. benefits, the bill would reduce Federal signed with the expectation that refu- Madam Speaker, refugees come to income tax refunds to better recover gees would become citizens within this this country fleeing persecution. They unemployment benefit overpayments time frame and would then be eligible reside in our country legally, and those resulting from fraud. Tax refund offsets for continued benefits. However, a se- eligible for SSI are disabled, elderly or already occur for delinquent child sup- ries of obstacles make that transition both. This legislation extends a modest port payments and certain other debts to citizenship difficult within the 7- benefit to help them provide for their owed to the Federal Government. This year limit of SSI benefits. First, a ref- most basic essentials. The bill will not change simply allows the current proc- ugee must live in the United States for add one dime to the Federal deficit, ess to work in recovering certain un- at least 5 years before they are even el- and it will even provide a tax cut. This employment benefit overpayments. igible to submit an application for citi- combination has generated very broad In addition to improving program in- zenship. A refugee must then confront support for the measure, which passed tegrity, this change will more than pay a lengthy application process which the House unanimously last year and for the added SSI benefits provided by takes up to 3 to 4 years. Backlogs in did likewise in the Senate last month. the bill, according to the Congressional processing citizenship applications Additionally, the Bush administration Budget Office. have been caused by a variety of issues, has proposed the same policies in the The Ways and Means Committee, and including protracted background President’s budget. in particular the Income Security and checks put in place after the Sep- I would like to expressly thank my Family Support Subcommittee on tember 11 terrorist attacks. colleague, Mr. WELLER, the ranking which I serve as ranking member, has There are other barriers to citizen- member, for working with me to forge long been active in developing legisla- ship, such as the continuing impact of this bipartisan bill. Today’s action is tion to combat fraud and abuse in un- a recent annual cap on the number of the last step needed to provide a help- employment and other benefits. I am asylees who may become legal perma- ing hand to those who need it most. pleased to see us continuing that effort nent residents, a status which asylees I reserve the balance of my time. with this legislation. must maintain for 4 years before they Mr. WELLER of Illinois. Madam For example, in 2004, under the lead- submit an application for citizenship. Speaker, I yield myself such time as I ership of former Chairman WALLY may consume. HERGER, we passed a law to stop the il- b 1215 Madam Speaker, in July of 2007, H.R. legal manipulation of State unemploy- Also, many disabled and elderly refu- 2608, bipartisan legislation, the SSI Ex- ment taxes. We also allowed State un- gees encounter difficulties navigating tension for Elderly and Disabled Refu- employment benefit programs to use the application process, which includes gees Act, passed the House by unani- current data on new hires to help pre- both an English language test and a mous voice vote. In early August, just vent benefit overpayments. U.S. civics test. over a month ago, the Senate finally This legislation builds on those ef- We passed bipartisan legislation a passed an amended version of the bill forts, and I am proud to support it. year ago in the House to extend SSI by unanimous consent, and we are here Even if it is not needed as a pay-for, benefits for refugees and other humani- today acting to accept the amended this good government provision merits tarian immigrants. The legislation be- bill. passage on its own. fore us today is that same bill sent This bipartisan legislation increases This legislation is supported by a back to us with an amendment by the the amount of time certain low in- wide range of faith-based and other Senate. The most significant modifica- come, disabled and aged immigrants community groups, such as the Hebrew tion by the Senate was to require all can receive Supplemental Security In- Immigrant Aid Society, Lutheran So- refugees to sign an affidavit that they come benefits. Currently these individ- cial Services and Catholic Charities. are making a good faith effort to be- uals are eligible for these benefits dur- I would also like to recognize the ef- come U.S. citizens. ing their first 7 years in the United forts of my Ways and Means colleague, This bill, H.R. 2608, would generally States. This legislation would extend Representative PHIL ENGLISH of Penn- extend SSI benefits for an additional 2 that period to 9 years, or even longer if sylvania, who has worked diligently to years for disabled and elderly refugees, the individual has a pending applica- extend SSI benefits to this vulnerable asylees and other qualified humani- tion for citizenship. immigrant group, including by intro- tarian immigrants, including those These individuals arrived and remain ducing legislation to do so. whose benefits have expired in the in the United States legally and also I urge all Members to join me in sup- past. Benefits could be extended for an arrived for humanitarian reasons. They porting this legislation today.

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.025 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8301 I reserve the balance of my time. Act.’’ This bipartisan bill is a critical lifeline sources; American Occupational Therapy As- Mr. MCDERMOTT. Madam Speaker, I to thousands of elderly and disabled refugees sociation; Americans for Democratic Action, reserve the balance of my time. who are about to lose, or have already lost, Inc.; Asian American Justice Center; Asian Mr. WELLER of Illinois. Madam their Supplemental Security Income (SSI) Americans for Equality; Association of Jew- ish Family & Children’s Agencies (AJFCA); Speaker, it is my privilege to yield 1 benefits due to the arbitrary seven-year time limit to which their eligibility is limited. Boat People SOS; Break the Chain Cam- minute to the distinguished Republican This bill, introduced by Representatives paign; Campaign for Working Families; leader of the House, the gentleman Jim McDermott (D–7th WA) and Jerry Weller Catholic Charities USA; Center for Civil Jus- from Ohio (Mr. BOEHNER). (R–11th IL), Chair and Ranking Member, re- tice; Disability Navigators Inc. Mr. BOEHNER. Let me thank my spectively, of the Ways & Means Sub- EESA-Eastern European Service Agency; colleague for yielding, and I rise to committee on Income Security and Family Gay Men’s Health Crisis; Hispanic Coalition; support the bill that we are working on Support, will provide a two-year extension of HIV Medicine Association; HIVictorious, Inc.; Hmong National Development, Inc.; Im- to extend SSI benefits to really a vul- SSI eligibility for elderly and disabled refu- gees, as well as a provision to cover those migrant and Refugee Rights Program, Wash- nerable group. ington Lawyers’ Committee for Civil Rights But I also rise to express my dis- who lost benefits prior to enactment of the legislation. The bill will also ensure that ref- and Urban Affairs; Institute for Peace and appointment in the opportunity that ugees who are making efforts to become citi- Justice; Institute for Social and Economic Development (ISED); International AIDS we had last night to pass a bipartisan zens, but are caught up in the processing Empowerment; International District Hous- energy bill that would in fact do all of backlogs through no fault of their own, are ing Alliance; International Rescue Com- the above. I am concerned that the bill given additional time to naturalize. H.R.2608 mittee; International Service Center; Jewish will provide vital relief to thousands of refu- that did pass last night will do none of Council for Public Affairs; Jubilee Campaign gees who have already fallen into extreme the above in terms of moving us toward USA Inc.; Justice, Peace & Integrity of Cre- destitution. more energy security. ation Office of the Wheaton Franciscans; The number of people who are losing their Frankly, I don’t think that the bill Living Room, Inc.; Lutheran Immigration life-sustaining SSI benefits, in large part due and Refugee Service (LIRS); Lutheran Serv- that passed last night has any chance to delays in the immigration system beyond ices in America; 9 to 5, National Association of moving in the . their control, is climbing. The Social Secu- I do believe if we were to pass the bi- of Working Women. rity Administration currently projects that National Advocacy Center of the Sisters of partisan Abercrombie-Peterson bill, 50,000 elderly and disabled refugees will face the Good Shepherd; National Asian Pacific that it was very likely the Senate extreme hardship and destitution by 2012 due Center on Aging; National Coalition for could take the bill up and move it to the suspension of their SSI benefits. These Asian Pacific American Community Devel- quickly, a bill that would create a mil- individuals fled persecution or torture in opment; National Council of Jewish Women; lion new jobs, that would lower gas countries such as Iran, Russia, Iraq, Vietnam National Council on Aging; National Immi- and Somalia, and now are too elderly or dis- prices and lower energy prices. But gration Forum; National Immigration Law abled to support themselves. Center; National Korean American Service & that didn’t happen. As more and more people begin to reach But I rise today to say we are not Education Consortium (NAKASEC); National the end of their seven-year eligibility period, Law Center on Homelessness & Poverty; Na- going away. There is an awful lot of the human impact of this restrictive time tional Priorities Project; National Senior talk moving around here that later on limit has become increasingly dire and all Citizens Law Center; National Women’s Law this week we may have to take up a the more intolerable. Some will lose health Center; NETWORK: A National Catholic So- stimulus bill, a lot of well-intentioned, insurance as well, because SSI and Medicaid cial Justice Lobby; New Sudan Generation; well-meaning money, taxpayer money eligibility are typically linked. Among those Northwest Health Law Advocates; Northwest who have already lost SSI benefits is a Jew- Immigrant Rights Project; Progressive Jew- that we would be sending around the ish elderly couple from the former Soviet country. ish Alliance; Religious Action Center of Re- Union; the husband is deaf and the wife suf- form Judaism; RESULTS. I can’t think of any better stimulus fers from heart disease. However, this re- Sargent Shriver National Center on Pov- bill than to pass a bipartisan energy striction does not affect only the elderly, as erty Law; Sisters of Mercy of the Americas; bill that would in fact create 1 million illustrated by the case of a 16 year-old Ira- Southeast Asia Resource Action Center new jobs, would in fact lower gas nian boy with mental retardation, autism, (SEARAC); The AIDS Institute; The Arc of prices, lower energy prices, help our seizures, and severe macrocephaly who lost the United States; The Coalition on Human manufacturers all around the country, his SSI benefits and Medicaid health insur- Needs; The Leadership Conference of Women and a bill that the American people ance due to the seven-year time limit. These Religious; The National Asian Pacific Amer- are only but two of the thousands of heart- ican Women’s Forum; The Women’s Commis- desperately want. breaking stories that we will continue to be sion for Refugee Women and Children; The While gas prices came down tempo- confronted with unless Congress acts now to Workmen’s Circle/Arbeter Ring; U.S. Com- rarily, we saw them shoot up in the lengthen the insufficient eligibility period mittee for Refugees and Immigrants; Uni- midst of the hurricane because there is for this extremely vulnerable population. tarian Universalist Association of Congrega- no additional supply. There is no relief The crisis is already upon us. Each and tions; United Cerebral Palsy; United Jewish valve, and if anybody sneezes around every month, elderly and disabled refugees Communities; United Methodist Church, the world in the energy market, what are losing their lifeline of support. With the General Board of Church and Society; happens? Our gas prices go up. And exception of West Virginia, no state is left USAction; Wider Opportunities for Women; untouched by this arbitrary time limit. Women of Reform Judaism; Women of Re- while oil prices were coming down in Some 4,500 people will lose their SSI benefits form Judaism; World Relief; YWCA USA. the short-term, we all know how vul- in fiscal year 2007 alone. This bill enjoys bi- LOCAL/STATE/REGIONAL nerable we are. So taking a real honest partisan support, builds on similar proposals step toward preserving America’s en- in recent Bush Administration budgets, and Collat Jewish Family Services—Bir- ergy security I think is critically nec- contains a savings provision that will cover mingham, Alabama. the modest cost of the extension. Given the essary. Alaska If we really want to help the Amer- urgency of the situation and the life-threat- ening consequences that these individuals Alaska Center for Public Policy; Refugee ican people, help create jobs in our Assistance & Immigration Services (RAIS)— country, why not pass a bipartisan bill face, we strongly urge you to support the passage of H.R.2608 this year. We are hopeful Alaska; that will in fact do that. that Congress will act quickly and decisively Arizona Mr. MCDERMOTT. I continue to re- to prevent the unnecessary hardship that Area Agency on Aging, Region One-Phoe- serve my time. this already-victimized population stands to nix, AZ; Arizona Advocacy Network; Jewish Mr. WELLER of Illinois. Madam suffer. Thank you for your consideration. Family & Children’s Service—Tucson, Ari- Speaker, I include for the RECORD a let- Respectfully, zona; Pima Council on Aging—Tucson, AZ; ter signed by a large number of organi- NATIONAL Protecting Arizona’s Family Coalition; United Way of Tucson and Southern Arizona. zations throughout the country in sup- American Academy of HIV; American As- port of the legislation that we have be- sociation of Homes and Services for the Arkansas fore the House today. Aging; American Association of Jews from Holy Angels Convent—Arkansas; St. Au- JUNE 28, 2007. the Former USSR, Inc; American Associa- gustine Catholic Church, North Little Rock, DEAR REPRESENTATIVE, Representing a di- tion of People with Disabilities; American AR; St. Augustine Center for Children, Inc., verse cross-section of organizations from Federation of State, County and Municipal North Little Rock, AR. across the country, we write to you today to Employees; American Friends Service Com- California ask that you support H.R.2608—the ‘‘SSI Ex- mittee; American Jewish Committee; Amer- 9to5 Bay Area; 9to5 Los Angeles; ACLU of tension for Elderly and Disabled Refugees ican Network of Community Options and Re- Southern California; Asian Law Alliance—

VerDate Aug 31 2005 04:43 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.027 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8302 CONGRESSIONAL RECORD — HOUSE September 17, 2008 San Jose, CA; Asian Law Caucus—Northern of Atlanta; Gwinnett Ministries Network— Minnesota Legal Assistance; National Coun- California; Asian Pacific American Legal Gwinnett County, Georgia; Refugee Family cil of Jewish Women—Minnetonka, MN; Vi- Center of Southern California; Bay Area Im- Services—Stone Mountain, Georgia; Women etnamese Social Services of Minnesota. migrant Rights Coalition (BAIRC)—Oakland, Watch Afrika, Inc, Decatur, GA. CA; Bet Tzedek Legal Services—Los Angeles Bi-Lingual International Assistant Serv- County; California Church IMPACT; Cali- Na Loio—Immigrant Rights and Public In- ices—St. Louis, MO; Catholic Charities Arch- fornia Immigrant Policy Center; Catholic terest Legal Center—, Hawaii. diocese of St. Louis; Jewish Vocational Serv- Charities of Los Angeles, Inc; Center for Idaho ice/Center for New Americans— City, Gender and Refugee Studies—San Francisco, MO; Missouri Association for Social Welfare; CA; City of Los Angeles Human Relations Agency for New Americans—Boise, Idaho; Missouri Budget Project—St. Louis, MO; Commission—Los Angeles, CA; DisAbled Idaho Office for Refugees; United Vision for Missouri Progressive Vote Coalition; Sisters Student Union at Pacific School of Reli- Idaho. of St. Joseph of Carondelet and Associates— gion—Berkeley, CA; Ethiopian Community Illinois Missouri; St. Louis Jewish Community Rela- Services, Inc.—California; Fresno Stonewall Citizen Action/Illinois; Commission on Re- tions Council—St. Louis, MO. Democrats—Fresno, CA; Gray Panthers Cali- ligion & Race—Naperville IL; Grace United Montana fornia; HomeBase—San Francisco, CA; Inter- Methodist Church—Naperville IL; Heartland Montana People’s Action. national Rescue Committee—San Diego Re- Alliance for Human Needs & Human Rights New Hampshire gional Resettlement Office; Jewish Commu- (Midwest region); Hebrew Immigrant Aid So- New Hampshire Citizens Alliance. nity Federation of San Francisco, the Penin- ciety Chicago; Illinois Coalition for Immi- sula, Marin and Sonoma Counties; Jewish grant and Refugee Rights; Jewish Federation New Jersey Family and Children’s Services of San Fran- of Metropolitan Chicago; Korean American Community FoodBank of New Jersey; Con- cisco, the Peninsula, Marin and Sonoma Resource & Cultural Center, Chicago, IL; gregation Brothers of Israel—Long Branch, Counties; Jewish Family and Children’s Project IRENE—Illinois; Protestants for the New Jersey; International Institute of New Services of the East Bay—Berkley, Cali- Common Good, Chicago, IL. Jersey; International Institute of New Jer- fornia; Jewish Family Service of San Diego— sey; Jewish Federation of Monmouth Coun- Indiana California; Korean Resource Center, Los An- ty—NJ; Lutheran Office of Governmental geles, CA; L.A. Gay & Lesbian Center— CA; CICOA Aging & In-Home Solutions, Indian- Ministry in New Jersey; Migration and Ref- Mental Health Advocacy Services, Inc.—Los apolis, IN. ugee Services of the Diocese of Trenton— Angeles; Palo Alto Association of Veterans Iowa Trenton, NJ; New Jersey Citizen Action; of World War II, California; Progressive Jew- Iowa Citizen Action Network. Temple Shalom—Aberdeen, NJ; The Human ish Alliance—California; Protection and Ad- Kentucky Concerns/Social Justice Committee of St. vocacy, Inc.—Sacramento, CA; Sacramento Anselm’s Church—Wayside, NJ; The Jewish College Democrats of America—Morehead Mutual Housing Association, CA; San Diego Community Relations Council of the Jewish State University Chapter; Jewish Family & Hunger Coalition—CA; San Francisco Bay Federation of Southern New Jersey; The Vocational Service (Louisville, Kentucky); Area Darfur Coalition—CA; Service Employ- Workmen’s Circle/Arbeter Ring, New Jersey The Community Relations Council of the ees International Union Local 1021—North- Region; UJA Federation of Northern New Jewish Community Federation of Louisville. ern California; SIREN, Services, Immigrant Jersey. Rights and Education Network—San Jose, Louisiana New Mexico CA; St. Mary’s Center—Oakland, CA; St. LA Harm Reduction Coalition—Louisiana. Community Action New Mexico; Domestic Paul’s Episcopal Church—San Rafael, CA; Maine Unity—New Mexico; Empowering Our Com- The International Institute of the Bay Catholic Charities Maine Refugee & Immi- munities in New Mexico—Bernalillo, NM; Area—CA; The Workmen’s Circle/Arbeter gration Services—Portland, ME; Immigrant New Mexico Center on Law and Poverty—Al- Ring—Southern California District; Western Legal Advocacy Project, Portland, Maine; buquerque, NM; New Mexico PACE; Open Center on Law and Poverty—Los Angeles & Legal Services for the Elderly—Scarborough, Hands—Sante Fe, NM; State of New Mexico’s Sacramento, CA. Maine; Maine Equal Justice Partners; Maine Human Services Department. Colorado People’s Alliance; Oganization to Win Eco- New York 9to5 Colorado; Coloradans For Immigrant nomic Rights—Portland, Maine; The Jewish Bellevue/NYU Program for Survivors of Rights, a project of the American Friends Federation of Greater Portland; Waterville Torture—New York, NY; Bukharian Jewish Service Committee; Colorado Progressive Area Bridges for Peace and Justice— Center, New York; Cathedral Emergency Coalition; RESULTS of Aurora, Colorado; Waterville and surrounding communities. Services—Syracuse, NY; Center for Inde- Rocky Mountain Survivors Center—, Maryland pendence of the Disabled—New York; Citizen CO. Action of New York; Claire Heureuse Com- Jewish Family Services—Baltimore, Mary- Connecticut munity Center, Inc—New York; Coalition of land; Maryland Association of Jews from the Behavioral Health Agencies, Inc—New York; Catholic Charities, Diocese of Norwich, Former USSR; Maryland Vietnamese Mutual Inc—CT; Collaborative Center for Justice, Community Healthcare Network—New York Association; Progressive Maryland; Public City; Community HIV AIDS Mobilization Inc.—Hartford, CT; Connecticut Citizen Ac- Justice Center—Baltimore MD; The Senior tion Group; Connecticut Legal Services; Project—CHAMP, New York; Disabled in Ac- Connection of Montgomery County—Silver tion of Greater Syracuse, New York; Empire International Institute of CT, Inc.—Bridge- Spring, MD. port, CT; Jewish Family Services—Danbury, Justice Center, New York; Episcopal Migra- Massachusetts CT; People of Faith CT—West Hartford, CT; tion Ministries—NYC; Federation of Protes- Regional Network of Programs Inc./Prospect Community Legal Services And Counseling tant Welfare Agencies—; House—Bridgeport, CT. Center in Cambridge, MA; Disability Law JBFCS, Manhattan North Community Coun- seling Center; Jewish Board of Family and Florida Center, Inc.—Boston, MA; First Congrega- tional Church of Reading- Reading, MA; Children’s Services—New York, NY; Jewish Catholic Charities Legal Services—Arch- International Rescue Committee Boston Of- Community Council of the Rockaway Penin- diocese of Miami, Inc.; Catholic Charities of fice; JALSA—the Jewish Alliance for Law sula—Far Rockaway, NY; Jewish Family Central Florida; Center for Independent Liv- and Social Action—Boston; Jewish Commu- Services ofNENY (Albany, New York); Legal ing of South Florida, Inc—Miami-Dade Coun- nity Housing for the Elderly—Boston, MA; Services for the Elderly, Disabled or Dis- ty, Florida; Florida Alliance Pro-Legaliza- Jewish Community Relations Council of advantaged of Western New York, Inc.; tion; Florida Consumer Action Network; Greater Boston; Medical-Legal Partnership Metro New York Health Care For All Cam- Florida Fiscal Policy Project—Miami, Flor- for Children Boston Medical Center; Strong- paign. Metropolitan Council on Jewish Pov- ida; Florida Immigrant Advocacy Center; est Link AIDS Services—Essex County, MA; erty—NY; New York Association on Inde- Gulfcoast Legal Services, Inc—FL; Hispanic Massachusetts Association of Jewish Federa- pendent Living, Inc; New York City Depart- American Council, Florida Alliance Pro-Le- tions. ment for the Aging; New York Disaster galization; Jewish Family Service Inc. of Michigan Interfaith Services; New York Immigration Broward County—Plantation, Florida; Jew- Coalition; Society of Jesus, New York Prov- ACCESS (Arab Community Center for Eco- ish Federation of South Palm Beach Coun- ince—Albany, NY; Syracuse Habitat for Hu- nomic and Social Services—Dearborn; Jew- ty—FL; Legal Aid Society of the Orange manity, Inc—NY; The Central Queens ish Family Service—Detroit, Michigan; Jew- County Bar Association, Orlando, Florida; Y&YWHA, Forest Hills, New York; The ish Family Services—Ann Arbor, Michigan; Refugee Immigration Project, Jacksonville International Institute of Buffalo, NY; The Michigan Citizen Action; Oakland County (FL) Area Legal Aid; St. Johns County Legal Rockland Immigration Coalition—NY; Welfare Rights Organization—Pontiac, MI; Aid—St. Augustine, FL; The Legal Aid Soci- UJA—Federation of New York; US Com- The IHM Justice, Peace and Sustainability ety of Palm Beach County, Inc; Youth Co-Op, mittee for Refugees and Immigrants Albany Office, Michigan. Inc—Florida. Feild Office—NY; West Side Campaign Georgia Minnesota Against Hunger—New York; YKASEC—Em- Atlanta 9to5; Georgia Rural Urban Sum- Jewish Community Action, St. Paul, MN; powering the Korean American Community, mit—Decatur, GA; Good Shepherd Services Lutheran Social Service of Minnesota; Mid- Flushing, NY.

VerDate Aug 31 2005 04:43 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.043 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8303 North Carolina Virginia the energy debate. And I am not one Episcopal Migration Ministries—eastern Bay Aging—Urbanna, VA; Center for that says we are going to drive prices North Carolina; North Carolina Refugee Multicultural Services—Falls Church, VA; down to $1.50 a gallon. I never make Health Coordinator. Disabled Action Committee—Virginia; Poto- those proclamations. What I would like North Dakota mac Legal Aid Society—Virginia; Rappahan- to see is stabilization, instead of the NDPeople.org—North Dakota. nock Area Agency on Aging, Inc.—Fred- swings that we will see. Ohio ericksburg, VA; Union Theological Seminary and Presbyterian School for Christian Edu- I would also like to see us not be held Catholic Charities Health and Human cation—Richmond, VA. captive to Mother Nature by having all Services of the Diocese of Cleveland; Greater Washington our main assets in hurricane alley Dayton Vietnamese Association—Greater versus disbursed around the country, Dayton, Ohio area; Jewish Family Service Asian Counseling & Referral Service—Se- Association of Cleveland; Jewish Family attle, WA; Catholic Community Services of and in my case the coal-to-liquid refin- Service of Toledo, Inc.—Toledo, Ohio; Jewish Western Washington; Jewish Family Service ery aspects, which would be very, very Family Services—Columbus, Ohio; Jewish of Seattle (Seattle, Washington); Jewish helpful. Family Services—Youngstown, Ohio; Jewish Federation of Greater Seattle (Seattle, This article says, ‘‘Gas prices confine Federation of Greater Dayton Jewish Com- Washington); Solid Ground—Seattle, WA; sick people. Some have to cut back on munity Relations Council—Dayton, Ohio; South Sound Outreach Services—Tacoma, traveling, treatment such as dialysis, Lutheran Metropolitan Ministry—Cleveland, Washington; Washington Community Action or chemotherapy.’’ If that is what not Ohio; Ohio Jewish Communities Refugee & Network; Washington Senior Citizens’ having an energy plan that can be Immigration Services—Columbus, OH. Lobby—Olympia, WA. signed into law is doing to our most Oklahoma Washington DC needful, then we have not done the YWCA Multicultural Center—Tulsa, OK. Whitman-Walker Clinic—Washington, DC. Oregon right thing. West Virginia Mr. MCDERMOTT. I continue to re- Asian Pacific American Community Sup- West Virginia Citizen Action Group. port and Service Association (APACSA)— serve my time. Portland, OR; Community Action Directors Wisconsin Mr. WELLER of Illinois. Madam of Oregon (CADO); Disability Navigators 9to5 Poverty Network Initiative (Wis- Speaker, it is my privilege to yield 3 Inc—Oregon; Immigrant & Refugee Commu- consin); Citizen Action of Wisconsin; Mil- minutes to the gentleman from Geor- nity Organization (IRCO)—Portland, Oregon; waukee Association of Russian-speaking gia (Mr. GINGREY). Interfaith Action for Justice—Bend, Oregon; Jews; Milwaukee Jewish Council for Commu- Mr. GINGREY. Madam Speaker, I Klamath Lake Community Action Servics— nity Relations; UMOS, Inc—Milwaukee, WI; thank the gentleman from Illinois for Klamath Falls, OR; Oregon Action; Peaceful Wisconsin Jewish Conference. Place—Oregon; The Advocacy Coalition for yielding, and I do rise in support of I yield 3 minutes to my friend, the H.R. 2608. But I wanted to take the op- Seniors and People with Disabilities—OR; distinguished gentleman from Illinois The Human Services Coalition of Oregon. portunity, Madam Speaker, to talk (Mr. SHIMKUS). about energy. (Mr. SHIMKUS asked and was given HIAS and Council Migration Service of Obviously this is the main issue I Philadelphia; JCCs of Greater Philadelphia permission to revise and extend his re- think on the minds of most Americans (Philadelphia, Pennsylvania); JEVS Human marks.) today, and it has led, these high energy Services—Philadelphia; JEVS Social Serv- Mr. SHIMKUS. Madam Speaker, I too prices and dependency on foreign oil ices (Philadelphia, Pennsylvania); Jewish join with our leader and all in the that we have been burdened by for lo Family and Children’s Services (Philadel- Chamber in support of this legislation. these many years, since back when we phia, Pennsylvania); Jewish Family Service I actually have great respect for the knew this back in the seventies when of Greater Wilkes-Barre (Wilkes-Barre, ranking member here. We have had our Pennsylvania); Jewish Federation of Greater we had a similar crisis and failed to do Philadelphia (Philadelphia, Pennsylvania); fights, but I know he is a man of sin- anything about it, and it has caused Maternity Care Coalition—Philadelphia, PA; cerity. this economy, it is almost like a dom- Mount St Joseph—St Elizabeth, PA; Na- We are on the floor just to highlight ino effect in my opinion, Madam tional Council of Jewish Women--PA; New the other challenges faced by those Speaker, when you look at the high World Association—Philadelphia, PA; Penn- people who we are trying to help. SSI price of everything, the unemployment sylvania Refugee Resettlement Program; St. payments do not go far enough when Johns Lutheran Church—Lewistown, PA; rate going up, what has happened on we are under a regime of high energy Wall Street, the meltdown in the YWCA Philadelphia. prices, and, as I talked about in the Rhode Island subprime market. last bill from this article here, gas So we felt and I think most of my National Association of Social Workers— prices confine sick people. Rhode Island Chapter; Rhode Island Ocean colleagues would agree on both sides of State Action. Again, as a former high school teach- the aisle that the energy crisis is our South Carolina er on how a bill becomes a law, we number one concern as we move into should not be dancing in the well of the Columbia Jewish Federation/Jewish Fam- the fall elections and congressional ily Service—Columbia, SC; Jewish Family floor on the passage of a bill, nor elections. Obviously this is a Presi- Service (Columbia, South Carolina). should we be disappointed, those of us, dential year. with the outcome. The process still South Dakota b 1230 Systematic Theology and Christian Herit- goes forward. Hopefully there will be a age—Sioux Falls, SD. conference. So my disappointment yesterday, Tennessee Hopefully there will be changes and when Speaker PELOSI, returning from Jewish Family Service of Nashville and we bring more supply to this energy de- the August recess, we, as you know, Middle Tennessee; Tennessee Citizen Action. bate. Because if we don’t bring on more many on the Republican side, we in- Texas supply, and in my aspect coal-to-liquid vited our Democratic colleagues to join Catholic Charities Diocese of Ft. Worth, technologies, the tar sands from Can- us, came back to Washington on a Inc.; Jewish Family and Children’s Service ada, we get a real bill that addresses number of days. I think a total of 134 (San Antonio, Texas); Jewish Family Service where the oil is off the California participated, some of us several times. (Houston, Texas); Refugio Del Rio Grande, coast, which is 50 miles less, not 50 We had lots of folks down here sit- Inc—San Benito, TX; South Texas Food miles out, and then we take those roy- ting in the seats because a Member Bank; Texas Conference United Methodist alties to move into renewables, clean could bring people on the floor, even Church Board of Church & Society. solar, wind, all of the above, we are though the C–SPAN cameras were off, Utah going to have to continue to revisit all microphones were off, the lights were Jewish Family Service of Salt Lake; Learning Loft—Salt Lake Valley, Utah; these spending regimes on social serv- dim, and we had some in the gallery as Utah Community Action Partnership Asso- ices based upon high energy costs. well, and talked about this issue. We ciation; Utah Housing Coalition. So we come down here respectfully just couldn’t wait for the rest of our Vermont with the matter of the bill. It is need- colleagues to get back so we could do Central Vermont Community Action Coun- ed. It is supported. We are all going to something. cil; Vermont Refugee Resettlement Pro- vote yes. But also to highlight the fact This motion to recommit with in- gram; VT Affordable Housing Coalition. that there is much more to be done on structions last night, the Abercrombie-

VerDate Aug 31 2005 04:43 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.046 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8304 CONGRESSIONAL RECORD — HOUSE September 17, 2008 Peterson bill, I think, had 39 Demo- floor, to work with our colleagues in of title IV of the Social Security Act to cratic cosponsors, many, many, Repub- the Senate and the past legislation, connect and support relative care- licans, and I think it was a very, very which will become law with this vote givers, improve outcomes for children good piece of legislation that did not today. in foster care, provide for tribal foster include ANWR. It carved out ANWR, Madam Speaker, I urge bipartisan care and adoption access, improve in- realizing that was something we agreed support for this legislation. I thank my centives for adoption, and for other to disagree on, and leave that out of chairman for the opportunity to work purposes. the legislation. with him on this important legislation. The Clerk read the title of the bill. But the most important part of the I yield back the balance of my time. The text of the bill is as follows: Peterson-Abercrombie bill that differed Mr. MCDERMOTT. Madam Speaker, I H.R. 6893 from what the majority party, as you yield myself such time as I may con- Be it enacted by the Senate and House of Rep- know, brought to us for a final vote sume. resentatives of the United States of America in that did pass, it has no incentive what- This bill allows Members to accom- Congress assembled, soever for the States to allow drilling plish three objectives with a single SECTION 1. SHORT TITLE. off of their shores for the billions of vote, help needy refugees, cut taxes This Act may be cited as the ‘‘Fostering gallons of petroleum and millions of and reduce the Federal deficit. That’s a Connections to Success and Increasing Adop- cubic feet of natural gas, because they trifecta that should draw support from tions Act of 2008’’. are sitting there thinking, well, gosh, every Member of the House. SEC. 2. TABLE OF CONTENTS. on the gulf coast, Alabama, Texas and But I want to conclude, really, with a The table of contents of this Act is as fol- Louisiana are getting those royalties story about one of the witnesses who lows: came before our subcommittee. His Sec. 1. Short title. and putting them to good use, and we Sec. 2. Table of contents. need that. came was K’Keng, and he fought along- My State of Georgia, right now, we side American forces during the Viet- TITLE I—CONNECTING AND SUPPORTING RELATIVE CAREGIVERS have 135 miles of shoreline, the great nam War. In fact, he was recruited and trained by our own special forces. Sec. 101. Kinship guardianship assistance State of Georgia, and we are $1.5 billion payments for children. short in this revenue year, this fiscal After the U.S. pulled out of Vietnam, Sec. 102. Family connection grants. year. I am sure Georgia would be one of he was imprisoned for 6 years as a po- Sec. 103. Notification of relatives. the very first to get in line if we had litical prisoner, after which he ulti- Sec. 104. Licensing standards for relatives. that included. I am disappointed. mately made his transfer to the United Sec. 105. Authority for comparisons and dis- The SPEAKER pro tempore. The States as a refugee. He tried working, closures of information in the time of the gentleman from Georgia but the wounds he had suffered during Federal Parent Locator Service has expired. the war made that difficult. for child welfare, foster care, Mr. WELLER of Illinois. Madam Based on his disability, and the fact and adoption assistance pro- gram purposes. Speaker, I am happy to yield the gen- that he had almost no source of in- tleman 1 additional minute. come, he began receiving supplemental TITLE II—IMPROVING OUTCOMES FOR CHILDREN IN FOSTER CARE Mr. GINGREY. I don’t know what is security income, or SSI benefits. For going to happen in the Senate today or Sec. 201. State option for children in foster those benefits, he had those benefits, care, and certain children in an tomorrow, but hopefully we can get a but they were terminated when he adoptive or guardianship place- bill passed through the Senate that has reached the 7-year limit on SSI for ref- ment, after attaining age 18. more, more in it than the draft lan- ugees. Sec. 202. Transition plan for children aging guage that wasn’t actually in bill form There are thousands of other refugees out of foster care. that came out in the Senate 5 or 6 who have taken different paths to get Sec. 203. Short-term training for child wel- weeks ago with a group of 10, now up to here, but their basic story is the same. fare agencies, relative guard- a group of 20. They fled persecution, they now reside ians, and court personnel. It’s still not too late for this Con- Sec. 204. Educational stability. legally in the United States, they are Sec. 205. Health oversight and coordination gress, House and Senate, to do some- disabled or elderly, and they need our plan. thing for the American people. I urge help. Sec. 206. Sibling placement. us to do that in a bipartisan way. This bill will provide them just the TITLE III—TRIBAL FOSTER CARE AND Look, let’s do the right thing, and I assistance, without raising the Federal ADOPTION ACCESS think the election outcomes will take deficit by a single dime. In fact, the Sec. 301. Equitable access for foster care and care of themselves. The good people anti-fraud provisions in this bill reduce adoption services for Indian that need to be here will come back, the debt by nearly $100 million and cut children in tribal areas. and the ones that don’t, won’t. Let’s taxes by over $300 million. Sec. 302. Technical assistance and imple- just do the right thing for the Amer- I urge all Members to support this bi- mentation. ican people. partisan legislation, to help the needy, TITLE IV—IMPROVEMENT OF Mr. WELLER of Illinois. Madam cut taxes and reduce our debt. INCENTIVES FOR ADOPTION Speaker, we have no additional speak- Madam Speaker, I yield back the bal- Sec. 401. Adoption incentives program. ers, so I would be happy to briefly ance of my time. Sec. 402. Promotion of adoption of children close. The SPEAKER pro tempore. The with special needs. H.R. 2608 is bipartisan legislation. question is on the motion offered by Sec. 403. Information on adoption tax credit. It’s legislation designed to help those the gentleman from Washington (Mr. TITLE V—CLARIFICATION OF UNIFORM DEFINITION OF CHILD AND OTHER who need help. As my chairman noted, MCDERMOTT) that the House suspend PROVISIONS those who, frankly, benefit from this the rules and concur in the Senate legislation have been victims of tyr- amendments to the bill, H.R. 2608. Sec. 501. Clarification of uniform definition anny. Those who fought on the wrong of child. The question was taken; and (two- Sec. 502. Investment of operating cash. side and, in many cases, they fought on thirds being in the affirmative) the Sec. 503. No Federal funding to unlawfully the side of the United States and were rules were suspended and the Senate present individuals. forced to flee their country, they’re el- amendments were concurred in. TITLE VI—EFFECTIVE DATE derly, they’re disabled, and, frankly, A motion to reconsider was laid on Sec. 601. Effective date. they’re people that came here legally. the table. TITLE I—CONNECTING AND SUPPORTING So I want to ask my colleagues to do f exactly what we did when we voted on RELATIVE CAREGIVERS this legislation before, to vote with FOSTERING CONNECTIONS TO SUC- SEC. 101. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR CHILDREN. strong, unanimous, bipartisan support CESS AND INCREASING ADOP- TIONS ACT OF 2008 (a) STATE PLAN OPTION.—Section 471(a) of of this important legislation. the Social Security Act (42 U.S.C. 671(a)) is I also want to thank my chairman Mr. MCDERMOTT. Madam Speaker, I amended— for working in a bipartisan way to move to suspend the rules and pass the (1) by striking ‘‘and’’ at the end of para- move this important legislation to the bill (H.R. 6893) to amend parts B and E graph (26);

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.029 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8305 (2) by striking the period at the end of ian and the relative guardian has a strong ‘‘(ii) the reasons for any separation of sib- paragraph (27) and inserting ‘‘; and’’; and commitment to caring permanently for the lings during placement; (3) by adding at the end the following: child. ‘‘(iii) the reasons why a permanent place- ‘‘(28) at the option of the State, provides ‘‘(iv) With respect to a child who has at- ment with a fit and willing relative through for the State to enter into kinship guardian- tained 14 years of age, the child has been a kinship guardianship assistance arrange- ship assistance agreements to provide kin- consulted regarding the kinship guardian- ment is in the child’s best interests; ship guardianship assistance payments on ship arrangement. ‘‘(iv) the ways in which the child meets the behalf of children to grandparents and other ‘‘(B) TREATMENT OF SIBLINGS.—With re- eligibility requirements for a kinship guard- relatives who have assumed legal guardian- spect to a child described in subparagraph ianship assistance payment; ship of the children for whom they have (A) whose sibling or siblings are not so de- ‘‘(v) the efforts the agency has made to dis- cared as foster parents and for whom they scribed— cuss adoption by the child’s relative foster have committed to care on a permanent ‘‘(i) the child and any sibling of the child parent as a more permanent alternative to basis, as provided in section 473(d).’’. may be placed in the same kinship guardian- legal guardianship and, in the case of a rel- (b) IN GENERAL.—Section 473 of such Act ship arrangement, in accordance with sec- ative foster parent who has chosen not to (42 U.S.C. 673) is amended by adding at the tion 471(a)(31), if the State agency and the pursue adoption, documentation of the rea- end the following: relative agree on the appropriateness of the sons therefor; and ‘‘(d) KINSHIP GUARDIANSHIP ASSISTANCE arrangement for the siblings; and ‘‘(vi) the efforts made by the State agency PAYMENTS FOR CHILDREN.— ‘‘(ii) kinship guardianship assistance pay- to discuss with the child’s parent or parents ‘‘(1) KINSHIP GUARDIANSHIP ASSISTANCE ments may be paid on behalf of each sibling the kinship guardianship assistance arrange- AGREEMENT.— so placed.’’. ment, or the reasons why the efforts were ‘‘(A) IN GENERAL.—In order to receive pay- (c) CONFORMING AMENDMENTS.— not made.’’. ments under section 474(a)(5), a State shall— (1) ELIGIBILITY FOR ADOPTION ASSISTANCE (5) SECTION HEADING AMENDMENT.—The sec- ‘‘(i) negotiate and enter into a written, PAYMENTS.—Section 473(a)(2) of such Act (42 tion heading for section 473 of such Act (42 binding kinship guardianship assistance U.S.C. 673(a)(2)) is amended by adding at the U.S.C. 673) is amended by inserting ‘‘AND agreement with the prospective relative end the following: GUARDIANSHIP’’ after ‘‘ADOPTION’’. guardian of a child who meets the require- ‘‘(D) In determining the eligibility for (d) CONTINUED SERVICES UNDER WAIVER.— ments of this paragraph; and adoption assistance payments of a child in a Section 474 of such Act (42 U.S.C. 674) is ‘‘(ii) provide the prospective relative legal guardianship arrangement described in amended by adding at the end the following: guardian with a copy of the agreement. section 471(a)(28), the placement of the child ‘‘(g) For purposes of this part, after the ‘‘(B) MINIMUM REQUIREMENTS.—The agree- with the relative guardian involved and any termination of a demonstration project re- ment shall specify, at a minimum— kinship guardianship assistance payments lating to guardianship conducted by a State ‘‘(i) the amount of, and manner in which, made on behalf of the child shall be consid- under section 1130, the expenditures of the each kinship guardianship assistance pay- ered never to have been made.’’. State for the provision, to children who, as ment will be provided under the agreement, (2) STATE PLAN REQUIREMENT.— of September 30, 2008, were receiving assist- and the manner in which the payment may (A) IN GENERAL.—Section 471(a)(20) of such ance or services under the project, of the be adjusted periodically, in consultation Act (42 U.S.C. 671(a)(20)) is amended— same assistance and services under the same with the relative guardian, based on the cir- (i) by adding ‘‘and’’ at the end of subpara- terms and conditions that applied during the cumstances of the relative guardian and the graph (C); and conduct of the project, are deemed to be ex- needs of the child; (ii) by adding at the end the following: penditures under the State plan approved ‘‘(ii) the additional services and assistance ‘‘(D) provides procedures for criminal under this part.’’. that the child and relative guardian will be records checks, including fingerprint-based (e) ELIGIBILITY FOR INDEPENDENT LIVING eligible for under the agreement; checks of national crime information data- SERVICES AND EDUCATION AND TRAINING ‘‘(iii) the procedure by which the relative bases (as defined in section 534(e)(3)(A) of VOUCHERS FOR CHILDREN WHO EXIT FOSTER guardian may apply for additional services title 28, United States Code), on any relative CARE FOR RELATIVE GUARDIANSHIP OR ADOP- as needed; and guardian, and for checks described in sub- TION AFTER AGE 16.— ‘‘(iv) subject to subparagraph (D), that the paragraph (C) of this paragraph on any rel- (1) INDEPENDENT LIVING SERVICES.—Section State will pay the total cost of nonrecurring ative guardian and any other adult living in 477(a) of such Act (42 U.S.C. 677(a)) is amend- expenses associated with obtaining legal the home of any relative guardian, before the ed— guardianship of the child, to the extent the relative guardian may receive kinship guard- (A) by striking ‘‘and’’ at the end of para- total cost does not exceed $2,000. ianship assistance payments on behalf of the graph (5); ‘‘(C) INTERSTATE APPLICABILITY.—The child under the State plan under this part;’’. (B) by striking the period at the end of agreement shall provide that the agreement (B) REDESIGNATION OF NEW PROVISION AFTER paragraph (6) and inserting ‘‘; and’’; and shall remain in effect without regard to the AMENDMENT MADE BY PRIOR LAW TAKES EF- (C) by adding at the end the following: State residency of the relative guardian. FECT.— ‘‘(7) to provide the services referred to in ‘‘(D) NO EFFECT ON FEDERAL REIMBURSE- (i) IN GENERAL.—Section 471(a)(20) of the this subsection to children who, after attain- MENT.—Nothing in subparagraph (B)(iv) shall Social Security Act (42 U.S.C. 671(a)(20)) is ing 16 years of age, have left foster care for be construed as affecting the ability of the amended— kinship guardianship or adoption.’’. State to obtain reimbursement from the (I) in subparagraph (D), by striking ‘‘(C)’’ (2) EDUCATION AND TRAINING VOUCHERS.— Federal Government for costs described in and inserting ‘‘(B)’’; and Section 477(i)(2) of such Act (42 U.S.C. that subparagraph. (II) by redesignating subparagraph (D) as 677(i)(2)) is amended by striking ‘‘adopted ‘‘(2) LIMITATIONS ON AMOUNT OF KINSHIP subparagraph (C). from foster care after attaining age 16’’ and GUARDIANSHIP ASSISTANCE PAYMENT.—A kin- (ii) EFFECTIVE DATE.—The amendments inserting ‘‘who, after attaining 16 years of ship guardianship assistance payment on be- made by clause (i) shall take effect imme- age, are adopted from, or enter kinship half of a child shall not exceed the foster diately after the amendments made by sec- guardianship from, foster care’’. care maintenance payment which would tion 152 of Public Law 109–248 take effect. (f) CATEGORICAL ELIGIBILITY FOR MED- have been paid on behalf of the child if the (3) PAYMENTS TO STATES.—Section 474(a) of ICAID.—Section 473(b)(3) of such Act (42 child had remained in a foster family home. such Act (42 U.S.C. 674(a)) is amended— U.S.C. 673(b)(3)) is amended— ‘‘(3) CHILD’S ELIGIBILITY FOR A KINSHIP (A) by striking the period at the end and (1) in subparagraph (A)(ii), by striking GUARDIANSHIP ASSISTANCE PAYMENT.— inserting ‘‘; plus’’; and ‘‘or’’ at the end; ‘‘(A) IN GENERAL.—A child is eligible for a (B) by adding at the end the following: (2) in subparagraph (B), by striking the pe- kinship guardianship assistance payment ‘‘(5) an amount equal to the percentage by riod and inserting ‘‘, or’’; and under this subsection if the State agency de- which the expenditures referred to in para- (3) by adding at the end the following: termines the following: graph (2) of this subsection are reimbursed of ‘‘(C) with respect to whom kinship guard- ‘‘(i) The child has been— the total amount expended during such quar- ianship assistance payments are being made ‘‘(I) removed from his or her home pursu- ter as kinship guardianship assistance pay- pursuant to subsection (d).’’. ant to a voluntary placement agreement or ments under section 473(d) pursuant to kin- SEC. 102. FAMILY CONNECTION GRANTS. as a result of a judicial determination to the ship guardianship assistance agreements.’’. (a) IN GENERAL.—Part B of title IV of the effect that continuation in the home would (4) CASE PLAN REQUIREMENTS.—Section Social Security Act (42 U.S.C. 620–629i) is be contrary to the welfare of the child; and 475(1) of such Act (42 U.S.C. 675(1)) is amend- amended by inserting after section 426 the ‘‘(II) eligible for foster care maintenance ed by adding at the end the following: following: payments under section 472 while residing ‘‘(F) In the case of a child with respect to ‘‘SEC. 427. FAMILY CONNECTION GRANTS. for at least 6 consecutive months in the whom the permanency plan is placement ‘‘(a) IN GENERAL.—The Secretary of Health home of the prospective relative guardian. with a relative and receipt of kinship guard- and Human Services may make matching ‘‘(ii) Being returned home or adopted are ianship assistance payments under section grants to State, local, or tribal child welfare not appropriate permanency options for the 473(d), a description of— agencies, and private nonprofit organizations child. ‘‘(i) the steps that the agency has taken to that have experience in working with foster ‘‘(iii) The child demonstrates a strong at- determine that it is not appropriate for the children or children in kinship care arrange- tachment to the prospective relative guard- child to be returned home or adopted; ments, for the purpose of helping children

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.029 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8306 CONGRESSIONAL RECORD — HOUSE September 17, 2008 who are in, or at risk of entering, foster care that are designed to provide comprehensive ‘‘Subpart 1—Stephanie Tubbs Jones Child reconnect with family members through the treatment that supports the family. Welfare Services Program’’. implementation of— ‘‘(b) APPLICATIONS.—An entity desiring to SEC. 103. NOTIFICATION OF RELATIVES. ‘‘(1) a kinship navigator program to assist receive a matching grant under this section Section 471(a) of the Social Security Act shall submit to the Secretary an application, kinship caregivers in learning about, finding, (42 U.S.C. 671(a)), as amended by section at such time, in such manner, and con- and using programs and services to meet the 101(a) of this Act, is amended— taining such information as the Secretary needs of the children they are raising and (1) by striking ‘‘and’’ at the end of para- may require, including— their own needs, and to promote effective graph (27); ‘‘(1) a description of how the grant will be partnerships among public and private agen- (2) by striking the period at the end of used to implement 1 or more of the activities cies to ensure kinship caregiver families are paragraph (28) and inserting ‘‘; and’’; and described in subsection (a); served, which program— ‘‘(2) a description of the types of children (3) by adding at the end the following: ‘‘(A) shall be coordinated with other State and families to be served, including how the ‘‘(29) provides that, within 30 days after the or local agencies that promote service co- children and families will be identified and removal of a child from the custody of the ordination or provide information and refer- recruited, and an initial projection of the parent or parents of the child, the State ral services, including the entities that pro- number of children and families to be served; shall exercise due diligence to identify and vide 2–1–1 or 3–1–1 information systems ‘‘(3) if the entity is a private organiza- provide notice to all adult grandparents and where available, to avoid duplication or frag- tion— other adult relatives of the child (including mentation of services to kinship care fami- ‘‘(A) documentation of support from the any other adult relatives suggested by the lies; relevant local or State child welfare agency; parents), subject to exceptions due to family ‘‘(B) shall be planned and operated in con- or or domestic violence, that— sultation with kinship caregivers and organi- ‘‘(B) a description of how the organization ‘‘(A) specifies that the child has been or is zations representing them, youth raised by plans to coordinate its services and activi- being removed from the custody of the par- kinship caregivers, relevant government ties with those offered by the relevant local ent or parents of the child; agencies, and relevant community-based or or State child welfare agency; and ‘‘(B) explains the options the relative has faith-based organizations; ‘‘(4) an assurance that the entity will co- under Federal, State, and local law to par- ‘‘(C) shall establish information and refer- operate fully with any evaluation provided ticipate in the care and placement of the ral systems that link (via toll-free access) for by the Secretary under this section. child, including any options that may be lost kinship caregivers, kinship support group ‘‘(c) LIMITATIONS.— by failing to respond to the notice; facilitators, and kinship service providers ‘‘(1) GRANT DURATION.—The Secretary may ‘‘(C) describes the requirements under to— award a grant under this section for a period paragraph (10) of this subsection to become a ‘‘(i) each other; of not less than 1 year and not more than 3 foster family home and the additional serv- ‘‘(ii) eligibility and enrollment informa- years. ices and supports that are available for chil- tion for Federal, State, and local benefits; ‘‘(2) NUMBER OF NEW GRANTEES PER YEAR.— dren placed in such a home; and ‘‘(iii) relevant training to assist kinship The Secretary may not award a grant under ‘‘(D) if the State has elected the option to caregivers in caregiving and in obtaining this section to more than 30 new grantees make kinship guardianship assistance pay- benefits and services; and each fiscal year. ments under paragraph (28) of this sub- ‘‘(iv) relevant legal assistance and help in ‘‘(d) FEDERAL CONTRIBUTION.—The amount section, describes how the relative guardian obtaining legal services; of a grant payment to be made to a grantee of the child may subsequently enter into an ‘‘(D) shall provide outreach to kinship care under this section during each year in the agreement with the State under section families, including by establishing, distrib- grant period shall be the following percent- 473(d) to receive the payments.’’. uting, and updating a kinship care website, age of the total expenditures proposed to be SEC. 104. LICENSING STANDARDS FOR REL- or other relevant guides or outreach mate- made by the grantee in the application ap- ATIVES. rials; proved by the Secretary under this section: (a) STATE PLAN AMENDMENT.—Section ‘‘(E) shall promote partnerships between ‘‘(1) 75 percent, if the payment is for the 471(a)(10) of the Social Security Act (42 public and private agencies, including 1st or 2nd year of the grant period. U.S.C. 671(a)(10)) is amended— schools, community based or faith-based or- ‘‘(2) 50 percent, if the payment is for the (1) by striking ‘‘and provides’’ and insert- ganizations, and relevant government agen- 3rd year of the grant period. ing ‘‘provides’’; and cies, to increase their knowledge of the needs ‘‘(e) FORM OF GRANTEE CONTRIBUTION.—A (2) by inserting before the semicolon the of kinship care families to promote better grantee under this section may provide not following: ‘‘, and provides that a waiver of services for those families; more than 50 percent of the amount which any such standard may be made only on a ‘‘(F) may establish and support a kinship the grantee is required to expend to carry case-by-case basis for non-safety standards care ombudsman with authority to intervene out the activities for which a grant is award- (as determined by the State) in relative fos- and help kinship caregivers access services; ed under this section in kind, fairly evalu- ter family homes for specific children in and ated, including plant, equipment, or services. care’’. ‘‘(G) may support any other activities de- ‘‘(f) USE OF GRANT.—A grantee under this (b) REPORT.—Not later than 2 years after signed to assist kinship caregivers in obtain- section shall use the grant in accordance the date of enactment of this Act, the Sec- ing benefits and services to improve their with the approved application for the grant. retary of Health and Human Services shall ‘‘(g) RESERVATIONS OF FUNDS.— caregiving; submit to the Committee on Ways and ‘‘(1) KINSHIP NAVIGATOR PROGRAMS.—The ‘‘(2) intensive family-finding efforts that Means of the House of Representatives and Secretary shall reserve $5,000,000 of the funds utilize search technology to find biological the Committee on Finance of the Senate a made available under subsection (h) for each family members for children in the child report that includes the following: fiscal year for grants to implement kinship welfare system, and once identified, work to (1) Nationally and for each State, the num- navigator programs described in subsection reestablish relationships and explore ways to ber and percentage of children in foster care (a)(1). find a permanent family placement for the placed in licensed relative foster family ‘‘(2) EVALUATION.—The Secretary shall re- children; homes and the number and percentage of serve 3 percent of the funds made available ‘‘(3) family group decision-making meet- such children placed in unlicensed relative under subsection (h) for each fiscal year for ings for children in the child welfare system, foster family homes. the conduct of a rigorous evaluation of the that— (2) The frequency with which States grant activities funded with grants under this sec- ‘‘(A) enable families to make decisions and case-by-case waivers of non-safety licensing tion. develop plans that nurture children and pro- standards for relative foster family homes. ‘‘(3) TECHNICAL ASSISTANCE.—The Secretary tect them from abuse and neglect, and (3) The types of non-safety licensing stand- may reserve 2 percent of the funds made ‘‘(B) when appropriate, shall address do- ards waived. available under subsection (h) for each fiscal mestic violence issues in a safe manner and (4) An assessment of how such case-by-case year to provide technical assistance to re- facilitate connecting children exposed to do- waivers of non-safety licensing standards cipients of grants under this section. mestic violence to appropriate services, in- have affected children in foster care, includ- ‘‘(h) APPROPRIATION.—Out of any money in cluding reconnection with the abused parent the Treasury of the United States not other- ing their safety, permanency, and well-being. when appropriate; or wise appropriated, there are appropriated to (5) A review of any reasons why relative ‘‘(4) residential family treatment programs the Secretary for purposes of making grants foster family homes may not be able to be li- that— under this section $15,000,000 for each of fis- censed, despite State authority to grant such ‘‘(A) enable parents and their children to cal years 2009 through 2013.’’. case-by-case waivers of non-safety licensing live in a safe environment for a period of not (b) CONFORMING AMENDMENT.—Section 425 standards. less than 6 months; and of such Act (42 U.S.C. 625) is amended by in- (6) Recommendations for administrative or ‘‘(B) provide, on-site or by referral, sub- serting ‘‘(other than sections 426, 427, and legislative actions that may increase the stance abuse treatment services, children’s 429)’’ after ‘‘this subpart’’. percentage of relative foster family homes early intervention services, family coun- (c) RENAMING OF PROGRAM.—The subpart that are licensed while ensuring the safety of seling, medical, and mental health services, heading for subpart 1 of part B of title IV of children in foster care and improving their nursery and pre-school, and other services such Act is amended to read as follows: permanence and well-being.

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.029 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8307 SEC. 105. AUTHORITY FOR COMPARISONS AND ‘‘(iii) if the State determines that the child (4) 70 percent, if the expenditure is made in DISCLOSURES OF INFORMATION IN is no longer receiving any support from the fiscal year 2012. THE FEDERAL PARENT LOCATOR parents or relative guardians, as the case SEC. 204. EDUCATIONAL STABILITY. SERVICE FOR CHILD WELFARE, FOS- may be. (a) IN GENERAL.—Section 475 of the Social TER CARE, AND ADOPTION ASSIST- ‘‘(B) Parents or relative guardians who ANCE PROGRAM PURPOSES. Security Act (42 U.S.C. 675), as amended by have been receiving adoption assistance pay- Section 453(j)(3) of the Social Security Act section 101(c)(4) of this Act, is amended— ments or kinship guardianship assistance (42 U.S.C. 653(j)) is amended, in the matter (1) in paragraph (1)— payments under this section shall keep the (A) in subparagraph (C), by striking clause preceding subparagraph (A), by inserting ‘‘, State or local agency administering the pro- part B, or part E’’ after ‘‘this part’’. (iv) and redesignating clauses (v) through gram under this section informed of cir- (viii) as clauses (iv) through (vii), respec- TITLE II—IMPROVING OUTCOMES FOR cumstances which would, pursuant to this tively; and CHILDREN IN FOSTER CARE subsection, make them ineligible for the (B) by adding at the end the following: SEC. 201. STATE OPTION FOR CHILDREN IN FOS- payments, or eligible for the payments in a ‘‘(G) A plan for ensuring the educational TER CARE, AND CERTAIN CHILDREN different amount.’’. stability of the child while in foster care, in- IN AN ADOPTIVE OR GUARDIANSHIP (d) EFFECTIVE DATE.—The amendments cluding— PLACEMENT, AFTER ATTAINING AGE made by this section shall take effect on Oc- ‘‘(i) assurances that the placement of the 18. tober 1, 2010. child in foster care takes into account the (a) DEFINITION OF CHILD.—Section 475 of SEC. 202. TRANSITION PLAN FOR CHILDREN appropriateness of the current educational the Social Security Act (42 U.S.C. 675) is AGING OUT OF FOSTER CARE. setting and the proximity to the school in amended by adding at the end the following: Section 475(5) of the Social Security Act which the child is enrolled at the time of ‘‘(8)(A) Subject to subparagraph (B), the (42 U.S.C. 675) is amended— placement; and term ‘child’ means an individual who has not (1) in subparagraph (F)(ii), by striking ‘‘(ii)(I) an assurance that the State agency attained 18 years of age. ‘‘and’’ at the end; has coordinated with appropriate local edu- ‘‘(B) At the option of a State, the term (2) in subparagraph (G), by striking the pe- cational agencies (as defined under section shall include an individual— riod at the end and inserting ‘‘; and’’; and 9101 of the Elementary and Secondary Edu- ‘‘(i)(I) who is in foster care under the re- (3) by adding at the end the following: cation Act of 1965) to ensure that the child sponsibility of the State; ‘‘(H) during the 90-day period immediately remains in the school in which the child is ‘‘(II) with respect to whom an adoption as- prior to the date on which the child will at- enrolled at the time of placement; or sistance agreement is in effect under section tain 18 years of age, or such greater age as ‘‘(II) if remaining in such school is not in 473 if the child had attained 16 years of age the State may elect under paragraph the best interests of the child, assurances by before the agreement became effective; or (8)(B)(iii), whether during that period foster the State agency and the local educational ‘‘(III) with respect to whom a kinship care maintenance payments are being made agencies to provide immediate and appro- guardianship assistance agreement is in ef- on the child’s behalf or the child is receiving priate enrollment in a new school, with all of fect under section 473(d) if the child had at- benefits or services under section 477, a case- the educational records of the child provided tained 16 years of age before the agreement worker on the staff of the State agency, and, to the school.’’; and became effective; as appropriate, other representatives of the (2) in the 1st sentence of paragraph (4)(A)— ‘‘(ii) who has attained 18 years of age; child provide the child with assistance and (A) by striking ‘‘and reasonable’’ and in- ‘‘(iii) who has not attained 19, 20, or 21 support in developing a transition plan that serting ‘‘reasonable’’; and years of age, as the State may elect; and is personalized at the direction of the child, (B) by inserting ‘‘, and reasonable travel ‘‘(iv) who is— includes specific options on housing, health for the child to remain in the school in ‘‘(I) completing secondary education or a insurance, education, local opportunities for which the child is enrolled at the time of mentors and continuing support services, program leading to an equivalent credential; placement’’ before the period. ‘‘(II) enrolled in an institution which pro- and work force supports and employment (b) EDUCATIONAL ATTENDANCE REQUIRE- vides post-secondary or vocational edu- services, and is as detailed as the child may MENT.—Section 471(a) of the Social Security cation; elect.’’. Act (42 U.S.C. 671(a)), as amended by sections ‘‘(III) participating in a program or activ- SEC. 203. SHORT-TERM TRAINING FOR CHILD 101(a) and 103 of this Act, is amended— ity designed to promote, or remove barriers WELFARE AGENCIES, RELATIVE (1) by striking ‘‘and’’ at the end of para- GUARDIANS, AND COURT PER- to, employment; SONNEL. graph (28); ‘‘(IV) employed for at least 80 hours per (a) IN GENERAL.—Section 474(a)(3)(B) of the (2) by striking the period at the end of month; or Social Security Act (42 U.S.C. 674(a)(3)(B)) is paragraph (29) and inserting ‘‘; and’’; and ‘‘(V) incapable of doing any of the activi- amended— (3) by adding at the end the following: ties described in subclauses (I) through (IV) (1) by inserting ‘‘or relative guardians’’ ‘‘(30) provides assurances that each child due to a medical condition, which incapa- after ‘‘adoptive parents’’; who has attained the minimum age for com- bility is supported by regularly updated in- (2) by striking ‘‘and the members’’ and in- pulsory school attendance under State law formation in the case plan of the child.’’. serting ‘‘, the members’’; and with respect to whom there is eligibility (b) CONFORMING AMENDMENT TO DEFINITION (3) by inserting ‘‘, or State-licensed or for a payment under the State plan is a full- OF CHILD-CARE INSTITUTION.—Section State-approved child welfare agencies pro- time elementary or secondary school student 472(c)(2) of such Act (42 U.S.C. 672(c)(2)) is viding services,’’ after ‘‘providing care’’; or has completed secondary school, and for amended by inserting ‘‘except, in the case of (4) by striking ‘‘foster and adopted’’ the 1st purposes of this paragraph, the term ‘ele- a child who has attained 18 years of age, the place it appears; mentary or secondary school student’ means, term shall include a supervised setting in (5) by inserting ‘‘and members of the staff with respect to a child, that the child is— which the individual is living independently, of abuse and neglect courts, agency attor- ‘‘(A) enrolled (or in the process of enroll- in accordance with such conditions as the neys, attorneys representing children or par- ing) in an institution which provides elemen- Secretary shall establish in regulations,’’ be- ents, guardians ad litem, or other court-ap- tary or secondary education, as determined fore ‘‘but’’. pointed special advocates representing chil- under the law of the State or other jurisdic- (c) CONFORMING AMENDMENTS TO AGE LIM- dren in proceedings of such courts,’’ after tion in which the institution is located; ITS APPLICABLE TO CHILDREN ELIGIBLE FOR ‘‘part,’’; ‘‘(B) instructed in elementary or secondary ADOPTION ASSISTANCE OR KINSHIP GUARDIAN- (6) by inserting ‘‘guardians,’’ before ‘‘staff education at home in accordance with a SHIP ASSISTANCE.—Section 473(a)(4) of such members,’’; home school law of the State or other juris- Act (42 U.S.C. 673(a)(4)) is amended to read as (7) by striking ‘‘and institutions’’ and in- diction in which the home is located; follows: serting ‘‘institutions, attorneys, and advo- ‘‘(C) in an independent study elementary ‘‘(4)(A) Notwithstanding any other provi- cates’’; and or secondary education program in accord- sion of this section, a payment may not be (8) by inserting ‘‘and children living with ance with the law of the State or other juris- made pursuant to this section to parents or relative guardians’’ after ‘‘foster and adopted diction in which the program is located, relative guardians with respect to a child— children’’ the 2nd place it appears. which is administered by the local school or ‘‘(i) who has attained— (b) PHASE-IN.—With respect to an expendi- school district; or ‘‘(I) 18 years of age, or such greater age as ture described in section 474(a)(3)(B) of the ‘‘(D) incapable of attending school on a the State may elect under section Social Security Act by reason of an amend- full-time basis due to the medical condition 475(8)(B)(iii); or ment made by subsection (a) of this section, of the child, which incapability is supported ‘‘(II) 21 years of age, if the State deter- in lieu of the percentage set forth in such by regularly updated information in the case mines that the child has a mental or phys- section 474(a)(3)(B), the percentage that shall plan of the child.’’. ical handicap which warrants the continu- apply is— SEC. 205. HEALTH OVERSIGHT AND COORDINA- ation of assistance; (1) 55 percent, if the expenditure is made in TION PLAN. ‘‘(ii) who has not attained 18 years of age, fiscal year 2009; Section 422(b)(15) of the Social Security if the State determines that the parents or (2) 60 percent, if the expenditure is made in Act (42 U.S.C. 622(b)(15)) is amended to read relative guardians, as the case may be, are fiscal year 2010; as follows: no longer legally responsible for the support (3) 65 percent, if the expenditure is made in ‘‘(15)(A) provides that the State will de- of the child; or fiscal year 2011; or velop, in coordination and collaboration with

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.029 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8308 CONGRESSIONAL RECORD — HOUSE September 17, 2008 the State agency referred to in paragraph (1) the meanings given those terms in section 4 part of the non-Federal share of administra- and the State agency responsible for admin- of the Indian Self-Determination and Edu- tive or training expenditures attributable to istering the State plan approved under title cation Assistance Act (25 U.S.C. 450b). such quarters for purposes of receiving pay- XIX, and in consultation with pediatricians, ‘‘(b) AUTHORITY.—Except as otherwise pro- ments under section 474(a)(3). The Secretary other experts in health care, and experts in vided in this section, this part shall apply in shall permit a tribe, organization, or consor- and recipients of child welfare services, a the same manner as this part applies to a tium to claim in-kind expenditures from plan for the ongoing oversight and coordina- State to an Indian tribe, tribal organization, third party sources for such purposes during tion of health care services for any child in or tribal consortium that elects to operate a such quarters subject to the following: a foster care placement, which shall ensure a program under this part and has a plan ap- ‘‘(i) NO EFFECT ON AUTHORITY FOR TRIBES, coordinated strategy to identify and respond proved by the Secretary under section 471 in ORGANIZATIONS, OR CONSORTIA TO CLAIM EX- to the health care needs of children in foster accordance with this section. PENDITURES OR INDIRECT COSTS TO THE SAME care placements, including mental health ‘‘(c) PLAN REQUIREMENTS.— EXTENT AS STATES.—Nothing in this subpara- ‘‘(1) IN GENERAL.—An Indian tribe, tribal and dental health needs, and shall include an graph shall be construed as preventing a organization, or tribal consortium that outline of— tribe, organization, or consortium from elects to operate a program under this part ‘‘(i) a schedule for initial and follow-up claiming any expenditures or indirect costs shall include with its plan submitted under health screenings that meet reasonable for purposes of receiving payments under section 471 the following: standards of medical practice; section 474(a) that a State with a plan ap- ‘‘(A) FINANCIAL MANAGEMENT.—Evidence ‘‘(ii) how health needs identified through proved under section 471(a) could claim for demonstrating that the tribe, organization, screenings will be monitored and treated; such purposes. or consortium has not had any uncorrected ‘‘(iii) how medical information for children ‘‘(ii) FISCAL YEAR 2010 OR 2011.— significant or material audit exceptions in care will be updated and appropriately ‘‘(I) EXPENDITURES OTHER THAN FOR TRAIN- under Federal grants or contracts that di- ING.—With respect to amounts expended dur- shared, which may include the development rectly relate to the administration of social and implementation of an electronic health ing a fiscal year quarter beginning after Sep- services for the 3-year period prior to the tember 30, 2009, and before October 1, 2011, for record; date on which the plan is submitted. ‘‘(iv) steps to ensure continuity of health which the tribe, organization, or consortium ‘‘(B) SERVICE AREAS AND POPULATIONS.—For is eligible for payments under subparagraph care services, which may include the estab- purposes of complying with section 471(a)(3), lishment of a medical home for every child (C), (D), or (E) of section 474(a)(3), not more a description of the service area or areas and than 25 percent of such amounts may consist in care; populations to be served under the plan and ‘‘(v) the oversight of prescription medi- of in-kind expenditures from third-party an assurance that the plan shall be in effect sources specified in the list required under cines; and in all service area or areas and for all popu- ‘‘(vi) how the State actively consults with this subparagraph to be submitted with the lations served by the tribe, organization, or plan. and involves physicians or other appropriate consortium. medical or non-medical professionals in as- ‘‘(II) TRAINING EXPENDITURES.—With re- ‘‘(C) ELIGIBILITY.— spect to amounts expended during a fiscal sessing the health and well-being of children ‘‘(i) IN GENERAL.—Subject to clause (ii) of in foster care and in determining appropriate year quarter beginning after September 30, this subparagraph, an assurance that the 2009, and before October 1, 2011, for which the medical treatment for the children; and plan will provide— tribe, organization, or consortium is eligible ‘‘(B) subparagraph (A) shall not be con- ‘‘(I) foster care maintenance payments for payments under subparagraph (A) or (B) strued to reduce or limit the responsibility under section 472 only on behalf of children of section 474(a)(3), not more than 12 percent of the State agency responsible for admin- who satisfy the eligibility requirements of of such amounts may consist of in-kind ex- istering the State plan approved under title section 472(a); penditures from third-party sources that are XIX to administer and provide care and serv- ‘‘(II) adoption assistance payments under specified in such list and described in sub- ices for children with respect to whom serv- section 473 pursuant to adoption assistance clause (III). ices are provided under the State plan devel- agreements only on behalf of children who ‘‘(III) SOURCES DESCRIBED.—For purposes of oped pursuant to this subpart;’’. satisfy the eligibility requirements for such subclause (II), the sources described in this SEC. 206. SIBLING PLACEMENT. payments under that section; and subclause are the following: Section 471(a) of the Social Security Act ‘‘(III) at the option of the tribe, organiza- ‘‘(aa) A State or local government. (42 U.S.C. 671(a)), as amended by sections tion, or consortium, kinship guardianship as- ‘‘(bb) An Indian tribe, tribal organization, 101(a), 103, and 204(b) of this Act, is amend- sistance payments in accordance with sec- or tribal consortium other than the tribe, or- ed— tion 473(d) only on behalf of children who ganization, or consortium submitting the (1) by striking ‘‘and’’ at the end of para- meet the requirements of section 473(d)(3). plan. graph (29); ‘‘(ii) SATISFACTION OF FOSTER CARE ELIGI- ‘‘(cc) A public institution of higher edu- (2) by striking the period at the end of BILITY REQUIREMENTS.—For purposes of de- cation. paragraph (30) and inserting ‘‘; and’’; and termining whether a child whose placement ‘‘(dd) A Tribal College or University (as de- (3) by adding at the end the following: and care are the responsibility of an Indian fined in section 316 of the Higher Education ‘‘(31) provides that reasonable efforts shall tribe, tribal organization, or tribal consor- Act of 1965 (20 U.S.C. 1059c)). be made— tium with a plan approved under section 471 ‘‘(ee) A private charitable organization. ‘‘(A) to place siblings removed from their in accordance with this section satisfies the ‘‘(iii) FISCAL YEAR 2012, 2013, OR 2014.— home in the same foster care, kinship guard- requirements of section 472(a), the following ‘‘(I) IN GENERAL.—Except as provided in ianship, or adoptive placement, unless the shall apply: subclause (II) of this clause and clause (v) of State documents that such a joint placement ‘‘(I) USE OF AFFIDAVITS, ETC.—Only with re- this subparagraph, with respect to amounts would be contrary to the safety or well-being spect to the first 12 months for which such expended during any fiscal year quarter be- of any of the siblings; and plan is in effect, the requirement in para- ginning after September 30, 2011, and before ‘‘(B) in the case of siblings removed from graph (1) of section 472(a) shall not be inter- October 1, 2014, for which the tribe, organiza- their home who are not so jointly placed, to preted so as to prohibit the use of affidavits tion, or consortium is eligible for payments provide for frequent visitation or other ongo- or nunc pro tunc orders as verification docu- under any subparagraph of section 474(a)(3) ing interaction between the siblings, unless ments in support of the reasonable efforts of this Act, the only in-kind expenditures that State documents that frequent visita- and contrary to the welfare of the child judi- from third-party sources that may be tion or other ongoing interaction would be cial determinations required under that claimed by the tribe, organization, or con- contrary to the safety or well-being of any of paragraph. sortium for purposes of determining the non- the siblings.’’. ‘‘(II) AFDC ELIGIBILITY REQUIREMENT.—The Federal share of such expenditures (without TITLE III—TRIBAL FOSTER CARE AND State plan approved under section 402 (as in regard to whether the expenditures are speci- ADOPTION ACCESS effect on July 16, 1996) of the State in which fied on the list required under this subpara- SEC. 301. EQUITABLE ACCESS FOR FOSTER CARE the child resides at the time of removal from graph to be submitted with the plan) are in- AND ADOPTION SERVICES FOR IN- the home shall apply to the determination of kind expenditures that are specified in regu- DIAN CHILDREN IN TRIBAL AREAS. whether the child satisfies section 472(a)(3). lations promulgated by the Secretary under (a) AUTHORITY FOR DIRECT PAYMENT OF ‘‘(D) OPTION TO CLAIM IN-KIND EXPENDI- section 301(e)(2) of the Fostering Connections FEDERAL TITLE IV–E FUNDS FOR PROGRAMS TURES FROM THIRD-PARTY SOURCES FOR NON- to Success and Increasing Adoptions Act of OPERATED BY INDIAN TRIBAL ORGANIZA- FEDERAL SHARE OF ADMINISTRATIVE AND 2008 and are from an applicable third-party TIONS.— TRAINING COSTS DURING INITIAL IMPLEMENTA- source specified in such regulations, and do (1) IN GENERAL.—Part E of title IV of the TION PERIOD.—Only for fiscal year quarters not exceed the applicable percentage for Social Security Act (42 U.S.C. 670 et seq.) is beginning after September 30, 2009, and be- claiming such in-kind expenditures specified amended by adding at the end the following: fore October 1, 2014, a list of the in-kind ex- in the regulations. ‘‘SEC. 479B. PROGRAMS OPERATED BY INDIAN penditures (which shall be fairly evaluated, ‘‘(II) TRANSITION PERIOD FOR EARLY AP- TRIBAL ORGANIZATIONS. and may include plants, equipment, adminis- PROVED TRIBES, ORGANIZATIONS, OR CON- ‘‘(a) DEFINITIONS OF INDIAN TRIBE; TRIBAL tration, or services) and the third-party SORTIA.—Subject to clause (v), if the tribe, ORGANIZATIONS.—In this section, the terms sources of such expenditures that the tribe, organization, or consortium is an early ap- ‘Indian tribe’ and ‘tribal organization’ have organization, or consortium may claim as proved tribe, organization, or consortium (as

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.029 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8309

defined in subclause (III) of this clause), the ‘‘(d) DETERMINATION OF FEDERAL MEDICAL ‘‘(j) AUTHORITY FOR AN INDIAN TRIBE, TRIB- Secretary shall not require the tribe, organi- ASSISTANCE PERCENTAGE FOR FOSTER CARE AL ORGANIZATION, OR TRIBAL CONSORTIUM TO zation, or consortium to comply with such MAINTENANCE AND ADOPTION ASSISTANCE RECEIVE AN ALLOTMENT.— regulations before October 1, 2013. Until the PAYMENTS.— ‘‘(1) IN GENERAL.—An Indian tribe, tribal earlier of the date such tribe, organization, ‘‘(1) PER CAPITA INCOME.—For purposes of organization, or tribal consortium with a or consortium comes into compliance with determining the Federal medical assistance plan approved under section 479B, or which is such regulations or October 1, 2013, the limi- percentage applicable to an Indian tribe, a receiving funding to provide foster care tations on the claiming of in-kind expendi- tribal organization, or a tribal consortium under this part pursuant to a cooperative tures from third-party sources under clause under paragraphs (1), (2), and (5) of section agreement or contract with a State, may (ii) shall continue to apply to such tribe, or- 474(a), the calculation of the per capita in- apply for an allotment out of any funds au- ganization, or consortium (without regard to come of the Indian tribe, tribal organization, thorized by paragraph (1) or (2) (or both) of fiscal limitation) for purposes of determining or tribal consortium shall be based upon the subsection (h) of this section. the non-Federal share of amounts expended service population of the Indian tribe, tribal ‘‘(2) APPLICATION.—A tribe, organization, by the tribe, organization, or consortium organization, or tribal consortium, except or consortium desiring an allotment under during any fiscal year quarter that begins that in no case shall an Indian tribe, a tribal paragraph (1) of this subsection shall submit after September 30, 2011, and before such organization, or a tribal consortium receive an application to the Secretary to directly date of compliance or October 1, 2013, which- less than the Federal medical assistance per- receive such allotment that includes a plan ever is earlier. centage for any State in which the tribe, or- which— ‘‘(III) DEFINITION OF EARLY APPROVED ganization, or consortium is located. ‘‘(A) satisfies such requirements of para- TRIBE, ORGANIZATION, OR CONSORTIUM.—For ‘‘(2) CONSIDERATION OF OTHER INFORMA- graphs (2) and (3) of subsection (b) as the purposes of subclause (II) of this clause, the TION.—Before making a calculation under Secretary determines are appropriate; term ‘early approved tribe, organization, or paragraph (1), the Secretary shall consider ‘‘(B) contains a description of the tribe’s, consortium’ means an Indian tribe, tribal or- any information submitted by an Indian organization’s, or consortium’s consultation ganization, or tribal consortium that had a tribe, a tribal organization, or a tribal con- process regarding the programs to be carried plan approved under section 471 in accord- sortium that the Indian tribe, tribal organi- out under the plan with each State for which ance with this section for any quarter of fis- zation, or tribal consortium considers rel- a portion of an allotment under subsection cal year 2010 or 2011. evant to making the calculation of the per (c) would be redirected to the tribe, organiza- ‘‘(iv) FISCAL YEAR 2015 AND THEREAFTER.— capita income of the Indian tribe, tribal or- tion, or consortium; and Subject to clause (v) of this subparagraph, ganization, or tribal consortium. ‘‘(C) contains an explanation of the results with respect to amounts expended during ‘‘(e) NONAPPLICATION TO COOPERATIVE of such consultation, particularly with re- any fiscal year quarter beginning after Sep- AGREEMENTS AND CONTRACTS.—Any coopera- spect to— tember 30, 2014, for which the tribe, organiza- tive agreement or contract entered into be- ‘‘(i) determining the eligibility for benefits tion, or consortium is eligible for payments tween an Indian tribe, a tribal organization, and services of Indian children to be served under any subparagraph of section 474(a)(3) or a tribal consortium and a State for the under the programs to be carried out under of this Act, in-kind expenditures from third- administration or payment of funds under the plan; and party sources may be claimed for purposes of this part that is in effect as of the date of en- ‘‘(ii) the process for consulting with the determining the non-Federal share of ex- actment of this section shall remain in full State in order to ensure the continuity of penditures under any subparagraph of such force and effect, subject to the right of either benefits and services for such children who section 474(a)(3) only in accordance with the party to the agreement or contract to revoke will transition from receiving benefits and regulations promulgated by the Secretary or modify the agreement or contract pursu- services under programs carried out under a under section 301(e)(2) of the Fostering Con- ant to the terms of the agreement or con- State plan under subsection (b)(2) to receiv- nections to Success and Increasing Adop- tract. Nothing in this section shall be con- ing benefits and services under programs car- tions Act of 2008. strued as affecting the authority for an In- ried out under a plan under this subsection. ‘‘(v) CONTINGENCY RULE.—If, at the time ex- dian tribe, a tribal organization, or a tribal ‘‘(3) PAYMENTS.—The Secretary shall pay penditures are made for a fiscal year quarter consortium and a State to enter into a coop- an Indian tribe, tribal organization, or tribal beginning after September 30, 2011, and be- erative agreement or contract for the admin- consortium with an application and plan ap- fore October 1, 2014, for which a tribe, organi- istration or payment of funds under this proved under this subsection from the allot- zation, or consortium may receive payments part. ment determined for the tribe, organization, for under section 474(a)(3) of this Act, no reg- ‘‘(f) JOHN H. CHAFEE FOSTER CARE INDE- or consortium under paragraph (4) of this ulations required to be promulgated under PENDENCE PROGRAM.—Except as provided in subsection in the same manner as is provided section 301(e)(2) of the Fostering Connections section 477(j), subsection (b) of this section in section 474(a)(4) (and, where requested, to Success and Increasing Adoptions Act of shall not apply with respect to the John H. and if funds are appropriated, section 474(e)) 2008 are in effect, and no legislation has been Chafee Foster Care Independence Program with respect to a State, or in such other enacted specifying otherwise— established under section 477 (or with respect manner as is determined appropriate by the ‘‘(I) in the case of any quarter of fiscal to payments made under section 474(a)(4) or Secretary, except that in no case shall an In- year 2012, 2013, or 2014, the limitations on grants made under section 474(e)). dian tribe, a tribal organization, or a tribal claiming in-kind expenditures from third- ‘‘(g) RULE OF CONSTRUCTION.—Nothing in consortium receive a lesser proportion of party sources under clause (ii) of this sub- this section shall be construed as affecting such funds than a State is authorized to re- paragraph shall apply (without regard to fis- the application of section 472(h) to a child on ceive under those sections. cal limitation) for purposes of determining whose behalf payments are paid under sec- ‘‘(4) ALLOTMENT.—From the amounts allot- the non-Federal share of such expenditures; tion 472, or the application of section 473(b) ted to a State under subsection (c) of this and to a child on whose behalf payments are section for a fiscal year, the Secretary shall ‘‘(II) in the case of any quarter of fiscal made under section 473 pursuant to an adop- allot to each Indian tribe, tribal organiza- year 2015 or any fiscal year thereafter, no tion assistance agreement or a kinship tion, or tribal consortium with an applica- tribe, organization, or consortium may claim guardianship assistance agreement, by an In- tion and plan approved under this subsection in-kind expenditures from third-party dian tribe, tribal organization, or tribal con- for that fiscal year an amount equal to the sources for purposes of determining the non- sortium that elects to operate a foster care tribal foster care ratio determined under Federal share of such expenditures if a State and adoption assistance program in accord- paragraph (5) of this subsection for the tribe, with a plan approved under section 471(a) of ance with this section.’’. organization, or consortium multiplied by this Act could not claim in-kind expendi- (2) CONFORMING AMENDMENTS.—Section the allotment amount of the State within tures from third-party sources for such pur- 472(a)(2)(B) of such Act (42 U.S.C. 672(a)(2)(B)) which the tribe, organization, or consortium poses. is amended— is located. The allotment determined under ‘‘(2) CLARIFICATION OF TRIBAL AUTHORITY TO (A) in clause (i), by striking ‘‘or’’ at the this paragraph is deemed to be a part of the ESTABLISH STANDARDS FOR TRIBAL FOSTER end; allotment determined under section 477(c) FAMILY HOMES AND TRIBAL CHILD CARE INSTI- (B) in clause (ii), by striking ‘‘and’’ at the for the State in which the Indian tribe, trib- TUTIONS.—For purposes of complying with end and inserting ‘‘or’’; and al organization, or tribal consortium is lo- section 471(a)(10), an Indian tribe, tribal or- (C) by adding at the end the following: cated. ganization, or tribal consortium shall estab- ‘‘(iii) an Indian tribe or a tribal organiza- ‘‘(5) TRIBAL FOSTER CARE RATIO.—For pur- lish and maintain a tribal authority or au- tion (as defined in section 479B(a)) or a tribal poses of paragraph (4), the tribal foster care thorities which shall be responsible for es- consortium that has a plan approved under ratio means, with respect to an Indian tribe, tablishing and maintaining tribal standards section 471 in accordance with section 479B; tribal organization, or tribal consortium, the for tribal foster family homes and tribal and’’. ratio of— child care institutions. (b) AUTHORITY TO RECEIVE PORTION OF ‘‘(A) the number of children in foster care ‘‘(3) CONSORTIUM.—The participating In- STATE ALLOTMENT AS PART OF AN AGREEMENT under the responsibility of the Indian tribe, dian tribes or tribal organizations of a tribal TO OPERATE THE JOHN H. CHAFEE FOSTER tribal organization, or tribal consortium (ei- consortium may develop and submit a single CARE INDEPENDENCE PROGRAM.—Section 477 ther directly or under supervision of the plan under section 471 that meets the re- of such Act (42 U.S.C. 677) is amended by add- State), in the most recent fiscal year for quirements of this section. ing at the end the following: which the information is available; to

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.030 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8310 CONGRESSIONAL RECORD — HOUSE September 17, 2008 ‘‘(B) the sum of— care maintenance payments or adoption as- in accordance with section 479B of such Act, ‘‘(i) the total number of children in foster sistance payments on the date of enactment up to such percentages as the Secretary, in care under the responsibility of the State of this Act and for which the State receives such consultation shall specify in such regu- within which the Indian tribe, tribal organi- Federal matching payments under paragraph lations, for purposes of determining the non- zation, or tribal consortium is located; and (1) or (2) of section 474(a) of the Social Secu- Federal share of administrative and training ‘‘(ii) the total number of children in foster rity Act (42 U.S.C. 674(a)), regardless of expenditures for which the tribes, organiza- care under the responsibility of all Indian whether a cooperative agreement or contract tions, and consortia may receive payments tribes, tribal organizations, or tribal con- between the State and an Indian tribe, tribal for under any subparagraph of section sortia in the State (either directly or under organization, or tribal consortium is in ef- 474(a)(3) of such Act. supervision of the State) that have a plan ap- fect on such date or an Indian tribe, tribal (B) EFFECTIVE DATE.—In no event shall the proved under this subsection.’’. organization, or tribal consortium elects regulations required to be promulgated (c) STATE AND TRIBAL COOPERATION.— subsequent to such date to operate a pro- under subparagraph (A) take effect prior to (1) STATE PLAN REQUIREMENT TO NEGOTIATE gram under section 479B of such Act (as October 1, 2011. IN GOOD FAITH.— added by subsection (a) of this section); or (C) SENSE OF THE CONGRESS.—It is the sense (A) IN GENERAL.—Section 471(a) of the So- (2) affecting the responsibility of a State— of the Congress that if the Secretary of cial Security Act (42 U.S.C. 671(a)), as (A) as part of the plan approved under sec- Health and Human Services fails to publish amended by sections 101(a), 103, 204(b), and tion 471 of the Social Security Act (42 U.S.C. in the Federal Register the regulations re- 206 of this Act, is amended— 671), to provide foster care maintenance pay- quired under subparagraph (A) of this para- (i) by striking ‘‘and’’ at the end of para- ments, adoption assistance payments, and if graph, the Congress should enact legislation graph (30); the State elects, kinship guardianship assist- specifying the types of in-kind expenditures (ii) by striking the period at the end of ance payments, for Indian children who are and the third-party sources for such in-kind paragraph (31) and inserting ‘‘; and’’; and eligible for such payments and who are not expenditures which may be claimed by (iii) by adding at the end the following: otherwise being served by an Indian tribe, tribes, organizations, and consortia with ‘‘(32) provides that the State will negotiate tribal organization, or tribal consortium plans approved under section 471 of the So- in good faith with any Indian tribe, tribal or- pursuant to a program under such section cial Security Act in accordance with section ganization or tribal consortium in the State 479B of such Act or a cooperative agreement 479B of such Act, up to specific percentages, that requests to develop an agreement with or contract entered into between an Indian for purposes of determining the non-Federal the State to administer all or part of the tribe, a tribal organization, or a tribal con- share of administrative and training expend- program under this part on behalf of Indian sortium and a State for the administration itures for which the tribes, organizations, children who are under the authority of the or payment of funds under part E of title IV and consortia may receive payments for tribe, organization, or consortium, including of such Act; or under any subparagraph of section 474(a)(3) foster care maintenance payments on behalf (B) as part of the plan approved under sec- of such Act. of children who are placed in State or trib- tion 477 of such Act (42 U.S.C. 677) to admin- ally licensed foster family homes, adoption ister, supervise, or oversee programs carried (f) EFFECTIVE DATE.—The amendments assistance payments, and, if the State has out under that plan on behalf of Indian chil- made by subsections (a), (b), and (c) shall elected to provide such payments, kinship dren who are eligible for such programs if take effect on October 1, 2009, without regard guardianship assistance payments under sec- such children are not otherwise being served to whether the regulations required under tion 473(d), and tribal access to resources for by an Indian tribe, tribal organization, or subsection (e)(1) have been promulgated by administration, training, and data collection tribal consortium pursuant to an approved such date. under this part.’’. plan under section 477(j) of such Act or a co- (B) CHAFEE PROGRAM CONFORMING AMEND- operative agreement or contract entered into SEC. 302. TECHNICAL ASSISTANCE AND IMPLE- MENT.—Section 477(b)(3)(G) of such Act (42 under section 477(b)(3)(G) of such Act. MENTATION. U.S.C. 677(b)(3)(G)) is amended— (e) REGULATIONS.— Section 476 of the Social Security Act (42 (i) by striking ‘‘and that’’ and inserting (1) IN GENERAL.—Except as provided in U.S.C. 676) is amended by adding at the end ‘‘that’’; and paragraph (2) of this subsection, not later the following: (ii) by striking the period at the end and than 1 year after the date of enactment of inserting ‘‘; and that the State will negotiate this section, the Secretary of Health and ‘‘(c) TECHNICAL ASSISTANCE AND IMPLEMEN- in good faith with any Indian tribe, tribal or- Human Services, in consultation with Indian TATION SERVICES FOR TRIBAL PROGRAMS.— ganization, or tribal consortium in the State tribes, tribal organizations, tribal consortia, ‘‘(1) AUTHORITY.—The Secretary shall pro- that does not receive an allotment under and affected States, shall promulgate in- vide technical assistance and implementa- subsection (j)(4) for a fiscal year and that re- terim final regulations to carry out this sec- tion services that are dedicated to improving quests to develop an agreement with the tion and the amendments made by this sec- services and permanency outcomes for In- State to administer, supervise, or oversee tion. Such regulations shall include proce- dian children and their families through the the programs to be carried out under the dures to ensure that a transfer of responsi- provision of assistance described in para- plan with respect to the Indian children who bility for the placement and care of a child graph (2). are eligible for such programs and who are under a State plan approved under section ‘‘(2) ASSISTANCE PROVIDED.— under the authority of the tribe, organiza- 471 of the Social Security Act to a tribal ‘‘(A) IN GENERAL.—The technical assistance tion, or consortium and to receive from the plan approved under section 471 of such Act and implementation services shall be to— State an appropriate portion of the State al- in accordance with section 479B of such Act ‘‘(i) provide information, advice, edu- lotment under subsection (c) for the cost of (as added by subsection (a)(1) of this section) cational materials, and technical assistance such administration, supervision, or over- or to an Indian tribe, a tribal organization, to Indian tribes and tribal organizations sight.’’. or a tribal consortium that has entered into with respect to the types of services, admin- (2) APPLICATION OF TRIBAL FEDERAL MATCH- a cooperative agreement or contract with a istrative functions, data collection, program ING RATE TO COOPERATIVE AGREEMENTS OR State for the administration or payment of management, and reporting that are re- CONTRACTS BETWEEN STATE OR TRIBES.—Para- funds under part E of title IV of such Act quired under State plans under part B and graphs (1) and (2) of section 474(a) of such Act does not affect the eligibility of, provision of this part; (42 U.S.C. 674(a)) are each amended by insert- services for, or the making of payments on ‘‘(ii) assist and provide technical assist- ing ‘‘(or, with respect to such payments behalf of, such children under part E of title ance to— made during such quarter under a coopera- IV of such Act, or the eligibility of such chil- ‘‘(I) Indian tribes, tribal organizations, and tive agreement or contract entered into by dren for medical assistance under title XIX tribal consortia seeking to operate a pro- the State and an Indian tribe, tribal organi- of such Act. gram under part B or under this part zation, or tribal consortium for the adminis- (2) IN-KIND EXPENDITURES FROM THIRD- through direct application to the Secretary tration or payment of funds under this part, PARTY SOURCES FOR PURPOSES OF DETER- under section 479B; and an amount equal to the Federal medical as- MINING NON-FEDERAL SHARE OF ADMINISTRA- ‘‘(II) Indian tribes, tribal organizations, sistance percentage that would apply under TIVE AND TRAINING EXPENDITURES.— tribal consortia, and States seeking to de- section 479B(d) (in this paragraph referred to (A) IN GENERAL.—Subject to subparagraph velop cooperative agreements to provide for as the ‘tribal FMAP’) if such Indian tribe, (B) of this paragraph, not later than Sep- payments under this part or satisfy the re- tribal organization, or tribal consortium tember 30, 2011, the Secretary of Health and quirements of section 422(b)(9), 471(a)(32), or made such payments under a program oper- Human Services, in consultation with Indian 477(b)(3)(G); and ated under that section, unless the tribal tribes, tribal organizations, and tribal con- ‘‘(iii) subject to subparagraph (B), make FMAP is less than the Federal medical as- sortia, shall promulgate interim final regu- one-time grants, to tribes, tribal organiza- sistance percentage that applies to the lations specifying the types of in-kind ex- tions, or tribal consortia that are seeking to State)’’ before the semicolon. penditures, including plants, equipment, ad- develop, and intend, not later than 24 (d) RULES OF CONSTRUCTION.—Nothing in ministration, and services, and the third- months after receiving such a grant to sub- the amendments made by this section shall party sources for such in-kind expenditures mit to the Secretary a plan under section 471 be construed as— which may be claimed by tribes, organiza- to implement a program under this part as (1) authorization to terminate funding on tions, and consortia with plans approved authorized by section 479B, that shall— behalf of any Indian child receiving foster under section 471 of the Social Security Act ‘‘(I) not exceed $300,000; and

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.030 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8311 ‘‘(II) be used for the cost of developing a (1) in subparagraph (B), by striking riod that begins with fiscal year 2002 and plan under section 471 to carry out a pro- ‘‘$2,000’’ and inserting ‘‘$4,000’’; and ends with the preceding fiscal year. gram under section 479B, including costs re- (2) in subparagraph (C), by striking ‘‘(8) FOSTER CHILD ADOPTION RATE.—The lated to development of necessary data col- ‘‘$4,000’’ and inserting ‘‘$8,000’’. term ‘foster child adoption rate’ means, with lection systems, a cost allocation plan, agen- (d) 24-MONTH AVAILABILITY OF PAYMENTS respect to a State and a fiscal year, the per- cy and tribal court procedures necessary to TO STATES.—Section 473A(e) of such Act (42 centage determined by dividing— meet the case review system requirements U.S.C. 673b(e)) is amended— ‘‘(A) the number of foster child adoptions under section 475(5), or any other costs at- (1) in the heading, by striking ‘‘2-YEAR’’ finalized in the State during the fiscal year; tributable to meeting any other requirement and inserting ‘‘24-MONTH’’; and by necessary for approval of such a plan under (2) by striking ‘‘through the end of the suc- ‘‘(B) the number of children in foster care this part. ceeding fiscal year’’ and inserting ‘‘for the under the supervision of the State on the ‘‘(B) GRANT CONDITION.— 24-month period beginning with the month in last day of the preceding fiscal year.’’. ‘‘(i) IN GENERAL.—As a condition of being which the payments are made’’. (3) CONFORMING AMENDMENTS.— DDITIONAL NCENTIVE AYMENT FOR X paid a grant under subparagraph (A)(iii), a (e) A I P E - (A) STATE ELIGIBILITY.—Section 473A(b)(2) tribe, tribal organization, or tribal consor- CEEDING THE HIGHEST EVER FOSTER CHILD of such Act (42 U.S.C. 673b(b)(2)) is amend- tium shall agree to repay the total amount ADOPTION RATE.— ed— of the grant awarded if the tribe, tribal orga- (1) IN GENERAL.—Section 473A(d) of such (i) in subparagraph (A), by striking ‘‘or’’ at Act (42 U.S.C. 673b(d)) is amended— nization, or tribal consortium fails to submit the end; (A) in paragraph (1), in the matter pre- to the Secretary a plan under section 471 to (ii) in subparagraph (B), by adding ‘‘or’’ at ceding subparagraph (A), by striking ‘‘para- carry out a program under section 479B by the end; and graph (2)’’ and inserting ‘‘paragraphs (2) and the end of the 24-month period described in (iii) by adding at the end the following: (3)’’; that subparagraph. ‘‘(C) the State’s foster child adoption rate (B) in paragraph (2), by striking ‘‘this sec- ‘‘(ii) EXCEPTION.—The Secretary shall for the fiscal year exceeds the highest ever tion’’ each place it appears and inserting waive the requirement to repay a grant im- foster child adoption rate determined for the ‘‘paragraph (1)’’; and posed by clause (i) if the Secretary deter- State;’’. (C) by adding at the end the following: mines that a tribe’s, tribal organization’s, or (B) DATA.—Section 473A(c)(2) of such Act ‘‘(3) INCREASED INCENTIVE PAYMENT FOR EX- tribal consortium’s failure to submit a plan (42 U.S.C. 673b(c)(2)), as amended by sub- CEEDING THE HIGHEST EVER FOSTER CHILD within such period was the result of cir- section (a)(3) of this section, is amended by ADOPTION RATE.— cumstances beyond the control of the tribe, inserting ‘‘and the foster child adoption rate ‘‘(A) IN GENERAL.—If— tribal organization, or tribal consortium. ‘‘(i) for fiscal year 2009 or any fiscal year for the State for the fiscal year,’’ after ‘‘dur- ‘‘(C) IMPLEMENTATION AUTHORITY.—The thereafter the total amount of adoption in- ing a fiscal year,’’. Secretary may provide the technical assist- centive payments payable under paragraph SEC. 402. PROMOTION OF ADOPTION OF CHIL- ance and implementation services described (1) of this subsection are less than the DREN WITH SPECIAL NEEDS. in subparagraph (A) either directly or amount appropriated under subsection (h) Section 473 of the Social Security Act (42 through a grant or contract with public or for the fiscal year; and U.S.C. 673), as amended by section 101(b) of private organizations knowledgeable and ex- ‘‘(ii) a State’s foster child adoption rate for this Act, is amended— perienced in the field of Indian tribal affairs that fiscal year exceeds the highest ever fos- (1) in subsection (a)— and child welfare. ter child adoption rate determined for the (A) in paragraph (2)— ‘‘(3) APPROPRIATION.—There is appropriated State, (i) in subparagraph (A)— to the Secretary, out of any money in the then the adoption incentive payment other- (I) by redesignating items (aa) and (bb) of Treasury of the United States not otherwise wise determined under paragraph (1) of this clause (i)(I) as subitems (AA) and (BB), re- appropriated, $3,000,000 for fiscal year 2009 subsection for the State shall be increased, spectively; and each fiscal year thereafter to carry out subject to subparagraph (C) of this para- (II) in subitem (BB) of clause (i)(I) (as so this subsection.’’. graph, by the amount determined for the redesignated), by striking ‘‘item (aa) of this TITLE IV—IMPROVEMENT OF INCENTIVES State under subparagraph (B) of this para- subclause’’ and inserting ‘‘subitem (AA) of FOR ADOPTION graph. this item’’; SEC. 401. ADOPTION INCENTIVES PROGRAM. ‘‘(B) AMOUNT OF INCREASE.—For purposes of (III) by redesignating subclauses (I) (a) 5-YEAR EXTENSION.—Section 473A of the subparagraph (A), the amount determined through (III) of clause (i) as items (aa) Social Security Act (42 U.S.C. 673b) is under this subparagraph with respect to a through (cc), respectively; amended— State and a fiscal year is the amount equal (IV) by redesignating clauses (i) and (ii) as (1) in subsection (b)(4), by striking ‘‘in the to the product of— subclauses (I) and (II), respectively; case of fiscal years 2001 through 2007,’’; ‘‘(i) $1,000; and (V) by realigning the margins of the items, (2) in subsection (b)(5), by striking ‘‘1998 ‘‘(ii) the excess of— subclauses, and clauses redesignated by sub- through 2007’’ and inserting ‘‘2008 through ‘‘(I) the number of foster child adoptions in clauses (I) through (IV) accordingly; 2012’’; the State in the fiscal year; over (VI) by striking ‘‘if the child—’’ and insert- (3) in subsection (c)(2), by striking ‘‘each of ‘‘(II) the product (rounded to the nearest ing ‘‘if— fiscal years 2002 through 2007’’ and inserting whole number) of— ‘‘(i) in the case of a child who is not an ap- ‘‘a fiscal year’’; and ‘‘(aa) the highest ever foster child adoption plicable child for the fiscal year (as defined (4) in each of subsections (h)(1)(D), and rate determined for the State; and in subsection (e)), the child—’’; (h)(2), by striking ‘‘2008’’ and inserting ‘‘(bb) the number of children in foster care (VII) in subclause (II) of clause (i) (as so re- ‘‘2013’’. under the supervision of the State on the designated)— (b) UPDATING OF FISCAL YEAR USED IN DE- last day of the preceding fiscal year. (aa) by striking ‘‘(c)’’ and inserting TERMINING BASE NUMBERS OF ADOPTIONS.— ‘‘(C) PRO RATA ADJUSTMENT IF INSUFFICIENT ‘‘(c)(1)’’; and Section 473A(g) of such Act (42 U.S.C. 673b(g)) FUNDS AVAILABLE.—For any fiscal year, if the (bb) by striking the period at the end and is amended— total amount of increases in adoption incen- inserting ‘‘; or’’; and (1) in paragraph (3), by striking ‘‘means’’ tive payments otherwise payable under this (VIII) by adding at the end the following: and all that follows and inserting ‘‘means, paragraph for a fiscal year exceeds the ‘‘(ii) in the case of a child who is an appli- with respect to any fiscal year, the number amount available for such increases for the cable child for the fiscal year (as so defined), of foster child adoptions in the State in fis- fiscal year, the amount of the increase pay- the child— cal year 2007.’’; able to each State under this paragraph for ‘‘(I)(aa) at the time of initiation of adop- (2) in paragraph (4)— the fiscal year shall be— tion proceedings was in the care of a public (A) by inserting ‘‘that are not older child ‘‘(i) the amount of the increase that would or licensed private child placement agency adoptions’’ before ‘‘for a State’’; and otherwise be payable to the State under this or Indian tribal organization pursuant to— (B) by striking ‘‘means’’ and all that fol- paragraph for the fiscal year; multiplied by ‘‘(AA) an involuntary removal of the child lows and inserting ‘‘means, with respect to ‘‘(ii) the percentage represented by the from the home in accordance with a judicial any fiscal year, the number of special needs amount so available for the fiscal year, di- determination to the effect that continu- adoptions that are not older child adoptions vided by the total amount of increases other- ation in the home would be contrary to the in the State in fiscal year 2007.’’; and wise payable under this paragraph for the welfare of the child; or (3) in paragraph (5), by striking ‘‘means’’ fiscal year.’’. ‘‘(BB) a voluntary placement agreement or and all that follows and inserting ‘‘means, (2) DEFINITIONS.—Section 473A(g) of such voluntary relinquishment; with respect to any fiscal year, the number Act (42 U.S.C. 673b(g)) is amended by adding ‘‘(bb) meets all medical or disability re- of older child adoptions in the State in fiscal at the end the following: quirements of title XVI with respect to eligi- year 2007.’’. ‘‘(7) HIGHEST EVER FOSTER CHILD ADOPTION bility for supplemental security income ben- (c) INCREASE IN INCENTIVE PAYMENTS FOR RATE.—The term ‘highest ever foster child efits; or SPECIAL NEEDS ADOPTIONS AND OLDER CHILD adoption rate’ means, with respect to any ‘‘(cc) was residing in a foster family home ADOPTIONS.—Section 473A(d)(1) of such Act fiscal year, the highest foster child adoption or child care institution with the child’s (42 U.S.C. 673b(d)(1)) is amended— rate determined for any fiscal year in the pe- minor parent, and the child’s minor parent

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.030 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8312 CONGRESSIONAL RECORD — HOUSE September 17, 2008 was in such foster family home or child care ‘‘(1) in the case of a child who is not an ap- sistance agreement is entered into on behalf institution pursuant to— plicable child for a fiscal year, the child of the child under this section without re- ‘‘(AA) an involuntary removal of the child shall not be considered a child with special gard to whether the child is described in from the home in accordance with a judicial needs unless’’; and paragraph (2)(A) of this subsection if the determination to the effect that continu- (C) in paragraph (1)(B), as so redesignated, child— ation in the home would be contrary to the by striking the period at the end and insert- ‘‘(A) is a sibling of a child who is an appli- welfare of the child; or ing ‘‘; or’’; and cable child for the fiscal year under para- ‘‘(BB) a voluntary placement agreement or (D) by adding at the end the following: graph (1) or (2) of this subsection; voluntary relinquishment; and ‘‘(2) in the case of a child who is an appli- ‘‘(B) is to be placed in the same adoption ‘‘(II) has been determined by the State, cable child for a fiscal year, the child shall placement as an applicable child for the fis- pursuant to subsection (c)(2), to be a child not be considered a child with special needs cal year who is their sibling; and with special needs.’’; and unless— ‘‘(C) meets the requirements of subsection (ii) in subparagraph (C)— ‘‘(A) the State has determined, pursuant to (a)(2)(A)(ii).’’. (I) by redesignating subclauses (I) and (II) a criterion or criteria established by the SEC. 403. INFORMATION ON ADOPTION TAX of clause (iii) as items (aa) and (bb), respec- State, that the child cannot or should not be CREDIT. tively; returned to the home of his parents; Section 471(a) of the Social Security Act (II) by redesignating subclauses (I) and (II) ‘‘(B)(i) the State has determined that there (42 U.S.C. 671(a)), as amended by sections of clause (iv) as items (aa) and (bb), respec- exists with respect to the child a specific fac- 101(a), 103, 204(b), 206, and 301(c)(1)(A) of this tively; tor or condition (such as ethnic background, Act, is amended— (III) by redesignating clauses (i) through age, or membership in a minority or sibling (1) by striking ‘‘and’’ at the end of para- (iv) as subclauses (I) through (IV), respec- group, or the presence of factors such as graph (31); tively; medical conditions or physical, mental, or (2) by striking the period at the end of (IV) by realigning the margins of the sub- emotional handicaps) because of which it is paragraph (32) and inserting ‘‘; and’’; and clauses and clauses redesignated by sub- reasonable to conclude that the child cannot (3) by adding at the end the following: clauses (I) through (III) accordingly; be placed with adoptive parents without pro- ‘‘(33) provides that the State will inform (V) by striking ‘‘if the child—’’ and insert- viding adoption assistance under this section any individual who is adopting, or whom the ing ‘‘if— and medical assistance under title XIX; or State is made aware is considering adopting, ‘‘(i) in the case of a child who is not an ap- ‘‘(ii) the child meets all medical or dis- a child who is in foster care under the re- plicable child for the fiscal year (as defined ability requirements of title XVI with re- sponsibility of the State of the potential eli- in subsection (e)), the child—’’; spect to eligibility for supplemental security gibility of the individual for a Federal tax (VI) in clause (i)(I) (as so redesignated), by income benefits; and credit under section 23 of the Internal Rev- striking ‘‘(A)(ii)’’ and inserting ‘‘(A)(i)(II)’’; ‘‘(C) the State has determined that, except enue Code of 1986.’’. (VII) in clause (i)(IV) (as so redesignated)— where it would be against the best interests TITLE V—CLARIFICATION OF UNIFORM (aa) in the matter preceding item (aa), by of the child because of such factors as the ex- DEFINITION OF CHILD AND OTHER PRO- striking ‘‘(A)’’ and inserting ‘‘(A)(i)’’; and istence of significant emotional ties with VISIONS (bb) by striking the period at the end and prospective adoptive parents while in the SEC. 501. CLARIFICATION OF UNIFORM DEFINI- inserting ‘‘; or’’; and care of the parents as a foster child, a rea- TION OF CHILD. (VIII) by adding at the end the following: sonable, but unsuccessful, effort has been (a) CHILD MUST BE YOUNGER THAN CLAIM- ‘‘(ii) in the case of a child who is an appli- made to place the child with appropriate ANT.—Section 152(c)(3)(A) of the Internal cable child for the fiscal year (as so defined), adoptive parents without providing adoption Revenue Code of 1986 is amended by inserting the child meets the requirements of subpara- assistance under this section or medical as- ‘‘is younger than the taxpayer claiming such graph (A)(ii)(II), is determined eligible for sistance under title XIX.’’; and individual as a qualifying child and’’ after adoption assistance payments under this (3) by adding at the end the following: ‘‘such individual’’. part with respect to a prior adoption (or who ‘‘(e) APPLICABLE CHILD DEFINED.— (b) CHILD MUST BE UNMARRIED.—Section would have been determined eligible for such ‘‘(1) ON THE BASIS OF AGE.— 152(c)(1) of such Code is amended by striking payments had the Adoption and Safe Fami- ‘‘(A) IN GENERAL.—Subject to paragraphs ‘‘and’’ at the end of subparagraph (C), by lies Act of 1997 been in effect at the time (2) and (3), in this section, the term ‘applica- striking the period at the end of subpara- that such determination would have been ble child’ means a child for whom an adop- graph (D) and inserting ‘‘, and’’, and by add- made), and is available for adoption because tion assistance agreement is entered into ing at the end the following new subpara- the prior adoption has been dissolved and the under this section during any fiscal year de- graph: parental rights of the adoptive parents have scribed in subparagraph (B) if the child at- ‘‘(E) who has not filed a joint return (other been terminated or because the child’s adop- tained the applicable age for that fiscal year than only for a claim of refund) with the in- tive parents have died.’’; and before the end of that fiscal year. dividual’s spouse under section 6013 for the (B) by adding at the end the following: ‘‘(B) APPLICABLE AGE.—For purposes of taxable year beginning in the calendar year ‘‘(7)(A) Notwithstanding any other provi- subparagraph (A), the applicable age for a in which the taxable year of the taxpayer be- sion of this subsection, no payment may be fiscal year is as follows: gins.’’. made to parents with respect to any applica- (c) RESTRICT QUALIFYING CHILD TAX BENE- ble child for a fiscal year that— The applicable FITS TO CHILD’S PARENT.— ‘‘(i) would be considered a child with spe- ‘‘In the case of fiscal year: age is: (1) CHILD TAX CREDIT.—Section 24(a) of such cial needs under subsection (c)(2); Code is amended by inserting ‘‘for which the ‘‘(ii) is not a citizen or resident of the 2010 ...... 16 taxpayer is allowed a deduction under sec- United States; and 2011 ...... 14 tion 151’’ after ‘‘of the taxpayer’’. ‘‘(iii) was adopted outside of the United 2012 ...... 12 (2) PERSONS OTHER THAN PARENTS CLAIMING States or was brought into the United States 2013 ...... 10 QUALIFYING CHILD.— for the purpose of being adopted. 2014 ...... 8 (A) IN GENERAL.—Section 152(c)(4) of such ‘‘(B) Subparagraph (A) shall not be con- 2015 ...... 6 strued as prohibiting payments under this Code is amended by adding at the end the 2016 ...... 4 following new subparagraph: part for an applicable child described in sub- 2017 ...... 2 paragraph (A) that is placed in foster care ‘‘(C) NO PARENT CLAIMING QUALIFYING 2018 or thereafter ...... any age. subsequent to the failure, as determined by CHILD.—If the parents of an individual may the State, of the initial adoption of the child claim such individual as a qualifying child by the parents described in subparagraph ‘‘(2) EXCEPTION FOR DURATION IN CARE.— but no parent so claims the individual, such (A). Notwithstanding paragraph (1) of this sub- individual may be claimed as the qualifying ‘‘(8) A State shall spend an amount equal section, beginning with fiscal year 2010, such child of another taxpayer but only if the ad- to the amount of savings (if any) in State ex- term shall include a child of any age on the justed gross income of such taxpayer is high- penditures under this part resulting from the date on which an adoption assistance agree- er than the highest adjusted gross income of application of paragraph (2)(A)(ii) to all ap- ment is entered into on behalf of the child any parent of the individual.’’. plicable children for a fiscal year to provide under this section if the child— (B) CONFORMING AMENDMENTS.— to children or families any service (including ‘‘(A) has been in foster care under the re- (i) Section 152(c)(4)(A) of such Code is post-adoption services) that may be provided sponsibility of the State for at least 60 con- amended by striking ‘‘Except’’ through ‘‘2 or under this part or part B.’’; secutive months; and more taxpayers’’ and inserting ‘‘Except as (2) in subsection (c)— ‘‘(B) meets the requirements of subsection provided in subparagraphs (B) and (C), if (but (A) by redesignating paragraphs (1) and (2) (a)(2)(A)(ii). for this paragraph) an individual may be as subparagraphs (A) and (B), respectively, ‘‘(3) EXCEPTION FOR MEMBER OF A SIBLING claimed as a qualifying child by 2 or more and realigning the margins accordingly; GROUP.—Notwithstanding paragraphs (1) and taxpayers’’. (B) by striking ‘‘this section, a child shall (2) of this subsection, beginning with fiscal (ii) The heading for section 152(c)(4) of such not be considered a child with special needs year 2010, such term shall include a child of Code is amended by striking ‘‘CLAIMING’’ and unless’’ and inserting ‘‘this section— any age on the date on which an adoption as- inserting ‘‘WHO CAN CLAIM THE SAME’’.

VerDate Aug 31 2005 04:43 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.030 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8313 (d) EFFECTIVE DATE.—The amendments GENERAL LEAVE children stay connected to their fami- made by this section shall apply to taxable Mr. MCDERMOTT. Madam Speaker, I lies. We have a system that tells grand- years beginning after December 31, 2008. ask unanimous consent that all Mem- parents that they will be denied any SEC. 502. INVESTMENT OF OPERATING CASH. bers may have 5 legislative days to re- assistance if they become legal guard- Section 323 of title 31, United States Code, vise and extend their remarks and to ians for a foster child. This is contrary is amended to read as follows: include extraneous material on this to the growing base of research illus- ‘‘§ 323. Investment of operating cash bill under consideration. trating that children do better living ‘‘(a) To manage United States cash, the The SPEAKER pro tempore. Is there with relative guardians than they do Secretary of the Treasury may invest any objection to the request of the gen- part of the operating cash of the Treasury living in traditional foster care. for not more than 90 days. The Secretary tleman from Washington? Additionally, siblings are too often may invest the operating cash of the Treas- There was no objection. split apart at the time of placement. ury in— Mr. MCDERMOTT. Madam Speaker, I Just when a foster child most needs ‘‘(1) obligations of depositories maintain- yield myself such time as I might con- their brother or sister, they are some- ing Treasury tax and loan accounts secured sume. times separated from them. by pledged collateral acceptable to the Sec- Children in foster care are sometimes Ensuring school stability is yet an- retary; called our forgotten children. We are other area where we too often come up ‘‘(2) obligations of the United States Gov- here to banish that thought forever. short. Not enough is done to ensure ernment; and We are here to provide children in fos- children can stay in their current ‘‘(3) repurchase agreements with parties ter care the same things that all chil- schools when they are placed in foster acceptable to the Secretary. dren need, family, support and an equal ‘‘(b) Subsection (a) of this section does not care. We rob them of the one place require the Secretary to invest a cash bal- chance to succeed. where they may actually feel secure. ance held in a particular account. With that goal in mind, the House We also hear too many stories about ‘‘(c) The Secretary shall consider the pre- unanimously passed legislation in June foster children not receiving adequate vailing market in prescribing rates of inter- to improve the Nation’s child welfare health services, especially for mental est for investments under subsection (a)(1) of system. The bill we are considering health. Furthermore, we have a special this section. today is a modified version of that leg- duty to ensure the prescription medica- ‘‘(d)(1) The Secretary of the Treasury shall islation, and it reflects an agreement submit each fiscal year to the appropriate tions foster children are receiving are with Senators BAUCUS, GRASSLEY and committees a report detailing the invest- effective and appropriate, instead of ment of operating cash under subsection (a) ROCKEFELLER, who have been working quick and easy. for the preceding fiscal year. The report on similar legislation. Finally, we don’t provide adequate shall describe the Secretary’s consideration This agreement maintains all the assistance for Native American chil- of risks associated with investments and the critical provisions in the House-passed dren who are removed from their actions taken to manage such risks. bill, such as helping grandparents and homes and then cared for in the tribal ‘‘(2) For purposes of paragraph (1), the other relatives who want to perma- communities. term ‘appropriate committees’ means the nently care for children in foster care The Fostering Connections to Suc- Committee on Ways and Means of the House and extending assistance to thousands of Representatives and the Committee on Fi- cess and Increasing Adoptions Act nance of the Senate.’’. of children who now age out of foster would provide new supports and protec- SEC. 503. NO FEDERAL FUNDING TO UNLAW- care every year on their 18th birthday. tions to address many of the concerns FULLY PRESENT INDIVIDUALS. In addition, the legislation now in- I just outlined. The legislation would Nothing in this Act shall be construed to cludes a provision that will begin to allow States to extend foster care up to alter prohibitions on Federal payments to make sure that all special needs chil- the age of 21, giving young men and individuals who are unlawfully present in dren are eligible for adoption assist- women more time to get an education the United States. ance, not just those who come from a and become truly self-sufficient. TITLE VI—EFFECTIVE DATE family that is eligible for a welfare Recognizing that many grandparents SEC. 601. EFFECTIVE DATE. program that no longer exists. and other relatives want to provide (a) IN GENERAL.—Except as otherwise pro- When a child is removed from his or loving, permanent homes for children vided in this Act, each amendment made by her home because of abuse or neglect, in foster care, this bill would provide this Act to part B or E of title IV of the So- government, on behalf of society, be- Federal payments to relatives who be- cial Security Act shall take effect on the comes legally responsible for that date of the enactment of this Act, and shall come legal guardians of children for apply to payments under the part amended child. All of us, therefore, act as par- whom they have cared as foster par- for quarters beginning on or after the effec- ents to children in foster care. But for ents. It also requires improved efforts tive date of the amendment. too many foster care children, we fail to keep siblings together when they are (b) DELAY PERMITTED IF STATE LEGISLA- to fully live up to our parental respon- removed from their homes. TION REQUIRED.—In the case of a State plan sibilities. The measure would require increased approved under part B or E of title IV of the We fail to provide them with perma- oversight on health care needs of foster Social Security Act which the Secretary of nent homes. We fail to meet their children, focusing on the assessment, Health and Human Services determines re- health and education needs, and we fail the treatment of health conditions, quires State legislation (other than legisla- tion appropriating funds) in order for the to help them find their way in the continuity of care, and monitoring the plan to meet the additional requirements world. use of prescription drugs. There is also imposed by this Act, the State plan shall not Perhaps the most obvious example of renewed attention paid to ensuring be regarded as failing to comply with the re- our failure is when foster children are educational stability for children in quirements of such part solely on the basis literally pushed out into the streets foster care, including avoiding frequent of the failure of the plan to meet such addi- when they are 18 years old. No parent I school changes. tional requirements before the 1st day of the know abandons their children at age 18, Additionally, this bill gives tribes 1st calendar quarter beginning after the and yet that is what our Federal policy equal and fair access to Federal re- close of the 1st regular session of the State legislature that ends after the 1-year period for foster care does. sources dedicated to keeping vulner- beginning with the date of the enactment of It says to kids to have been abused or able children safe. For the first time, a this Act. For purposes of the preceding sen- neglected, who have been removed tribal child welfare program would di- tence, in the case of a State that has a 2-year from their homes, or who have been rectly receive Federal foster care fund- legislative session, each year of the session placed many times in multiple foster ing. is deemed to be a separate regular session of homes that we expect more of them The legislation would also provide the State legislature. than we would expect of anyone else, new resources to ensure all child wel- The SPEAKER pro tempore. Pursu- including our own children. We dis- fare workers have equal access to ant to the rule, the gentleman from place them from their homes and from training, which ultimately results in Washington (Mr. MCDERMOTT) and the any meaningful financial support, and better care for children. gentleman from Illinois (Mr. WELLER) tell them, make it on your own, you This bill extends and improves incen- each will control 20 minutes. are on your own. tives for States that increase the num- The Chair recognizes the gentleman Another example is our failure and ber of children adopted out of the fos- from Washington. the inconsistent effort to help foster ter care system. To ensure that we are

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.030 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8314 CONGRESSIONAL RECORD — HOUSE September 17, 2008 adequately helping all families adopt- Mr. WELLER of Illinois. Madam I am honored that this legislation in- ing special needs children out of the Speaker, I yield myself such time as I cludes two provisions I have worked for foster care system, the bill will phase may consume. years to pass and which will benefit out a requirement that an adopted Madam Speaker, I am proud to rise children in foster care. First, it ensures child’s birth parents be eligible for wel- in support of H.R. 6893, the Fostering equal access to foster care assistance fare under outdated rules from a pro- Connections to Success and Increasing for Native American children, allowing gram that no longer exists. Adoptions Act, legislation I am proud tribes to operate programs just like the The legislation includes two provi- to cosponsor with my chairman, Mr. States do today. sions that save money and thereby en- MCDERMOTT. Second, it provides that all child wel- sures that the bill is completely budget This bipartisan, bicameral House- fare workers, whether employed by neutral. The first provision would clar- Senate agreement extends the Adop- public or not-for-profit agencies, have ify the uniform definition of a child for tions Incentives program, which has access to the same resources for train- tax purposes to ensure that the earned earned due praise for increasing adop- ing so they can provide the best service income tax credit and other tax bene- tions from the Nation’s foster care sys- to families and most of all children in fits are being provided to the families tem. It improves the program by rais- foster care. for which the benefits were intended. ing financial incentives for adopting Madam Speaker, this legislation is The second provision would allow the older children who are the hardest to good for children and for families. It is Treasury Department to improve its adopt, among other changes. That pro- good for communities, and it is good management of the government’s gram expires in 2 weeks, so passage of for taxpayers. It is fully paid for, in- short-term operating cash. This lan- this legislation is both necessary and cluding by reducing unnecessary foster guage, which has been recommended by timely. care administrative costs and by incor- the GAO and proposed by the adminis- But this bill does much, much more. porating antifraud reforms proposed by tration, would permit investment of It expands the eligibility of special the administration, amongst other sav- cash in a broader number of institu- needs children for Federal adoption as- ings. It is bipartisan, and includes the tions, thereby reducing the current sistance, promoting the adoption of best of legislation developed by the concentration of risk and increasing thousands more children out of the fos- House and Senate to better protect and the rate of return. ter care system in the coming years. support children. I urge all Members to I want to thank, again, my ranking Along the way, it places a priority on support this excellent piece of legisla- member, JERRY WELLER, who is going older children, children in foster care tion. to leave us. He has been a real partner the longest, and sibling groups who are Madam Speaker, as this is the final in striving to work for and improve the the hardest to find adoptive families. major legislative activity in the sub- lives of children in the foster care sys- The bill also promotes stronger fam- committee on which I serve as ranking tem. His efforts will be missed when he ily ties in caring for children removed member, I would like to thank the leaves Congress at the end of this ses- from their own parents due to abuse hardworking staff who have made this sion, but enacting this bill will surely and neglect, and expects States to do legislation possible. On the Ways and send him out on a high note. more to locate adult relatives like Means Committee Republican staff, I Before I yield to Mr. WELLER, I would grandparents or aunts and uncles who would especially like to thank Matt like to talk about another Member of can step in to care for such children. Weidinger, Margo Smith, and Brian Congress who is not with us today. And by permitting child welfare agen- Newell, who have helped me as ranking The passing of Stephanie Tubbs cies access to information from the member of the Income Security Sub- Jones was a great shock to all of us child support program, the bill helps committee. who worked with her. We were always provide tools to help with that process. Last, but not least, I would also like impressed by her tireless energy and It allows States to provide Federal to thank Jack Dusik, who has handled her infectious smile. payments to help those adults care for much of my Ways and Means Com- Stephanie was a true champion for children. And it helps those adults ob- mittee activities for over 5 years. Jack vulnerable families and children. In tain other assistance to ensure kids in has been a tireless servant of the fact, her first legislative achievement their care can thrive. Instead of bust- American people and a great asset to in Congress was a bill designed to im- ing the budget, these pro-family me in representing the 11th Congres- prove training opportunities for case- changes actually save money by cut- sional District, and I wish him well as workers in the child welfare system. ting expensive foster care administra- he moves onward. tive costs, while most importantly, im- Finally, Madam Speaker, I would b 1245 proving the outcomes for kids in need like to extend my gratitude to my In recognition of Representative of a loving home. friend, Chairman MCDERMOTT, for his Tubbs Jones’ efforts to help vulnerable The bill also responds to concerns friendship over my years in Congress. kids, this bill names the primary that too many youth today are ‘‘eman- It has been a real pleasure working source of Federal funding for the So- cipated’’ from foster care at age 18 and with him as a strong partner in fight- cial Security Act for Child Protective end up on the streets, in jail, or worse. ing for America’s disadvantaged youth Services after her, as well as making It offers more help for these older fos- on the Income Security and Family several improvements to the program. ter youth, providing for their care Support Subcommittee. The Stephanie Tubbs Jones Child through age 21 as a State option. But Madam Speaker, I urge bipartisan Welfare Services Program will help at- like any responsible parent would ex- support for this important bipartisan risk children for many years and dec- pect, it requires able-bodied young peo- legislation. ades to come, just as she did during her ple over age 18 to work, stay in school, I reserve the balance of my time. life. or participate in training to receive the Mr. MCDERMOTT. Madam Speaker, I In conclusion, this bill does not ad- additional help. Like successful welfare yield 2 minutes to the gentleman from dress every challenge confronting chil- reform policies of the 1990s, it condi- California (Mr. STARK). dren in the welfare system, but will tions assistance on youths engaging in (Mr. STARK asked and was given take a major step toward correcting positive behavior. permission to revise and extend his re- many of the system’s shortcomings. I The same goes for foster and adoptive marks.) only wish Jerry was going to be here to youth under age 18. For the first time, Mr. STARK. Madam Speaker, I point work with me while we put a bigger they would have to stay in school for out that this subcommittee stands as bill through next year. their foster parents to receive Federal proxy parents for half a million chil- This legislation is bipartisan, budget financial assistance. That may be dren in this country who spend time in neutral, and good for kids; therefore, it tough love, but it is far more loving foster care each year. So I would like deserves the support of every Member than subsidizing high school dropouts to thank Grandpa MCDERMOTT and of the House, as it did when it passed as taxpayers often do today for a Grandpa WELLER on behalf of these unanimously some months ago. shocking share of young people in fos- 500,000 children whose lives are being I reserve the balance of my time. ter care. improved, and Grandma TAUSCHER, for

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.032 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8315 helping see that these children’s lives four core elements of my bill, H.R. 2188, terly and other publications here in are improved. the Kinship Caregiver Support Act, Washington, that was simply a cover I was lucky enough to have Cherita which I introduced with Representative for Democrats who are running for re- Jones, a former foster youth, as an in- TIM JOHNSON and which Senators CLIN- election. tern in my office earlier this year. TON and SNOWE championed in the Sen- Representative GENE GREEN said, ‘‘I Cherita worked hard and was lucky to ate. do not believe our bill goes far enough live with a caring foster family. She is It allows States to use Federal funds to address America’s energy needs.’’ now out working as an advocate for to support family caregivers raising Even they admit that what was done foster children. I am proud that we are relatives in the foster care systems. last night did not respond to the needs taking this step here today. The SPEAKER pro tempore. The gen- of the American people. We are going This bill does, in fact, continue foster tleman’s time has expired. to continue to discuss this on this floor children’s care beyond age 18, and it Mr. MCDERMOTT. I yield the gen- and even after the Congress adjourns. further allows relatives, grandparents, tleman an additional minute. We also should point out that from the to participate in supporting the foster Mr. DAVIS of Illinois. It provides first of August until the end of Decem- children and allows them in many funding to establish kinship navigator ber, this Democrat-controlled Congress cases to live in loving homes rather programs; it requires notification of plans to work 14 days. While Americans than group homes and less permanent relatives when a child enters foster are facing the highest energy prices settings. care; it extends eligibility for inde- they have ever faced in this country, I hope we can continue to work to- pendent living services and education the Democrat-controlled Congress gether to improve their lives, and I training vouchers for youth who exit plans to be in session and work for 14 look forward to working with Chair- foster care after age 16; and it allows days in a 5-month period of time. That man MCDERMOTT to protect the Social States to waive nonsafety-related ele- is shameless. That is unacceptable. Security benefits of foster children and ments of the licensing requirements We need to be helping the American make sure that these resources are that may not apply to families. people by bringing down the price of used for the benefit of these children In addition, I am very happy that the gasoline. We can do that. Republicans and not as a funding source for general bill ensures that families that cur- have a bill that will do that. We even revenue to many States. I urge the rently receive subsidized guardianship would support the bipartisan bill that adoption of the bill. under the current Federal waiver pro- we introduced last night, but that isn’t Mr. WELLER of Illinois. Madam gram will be eligible under the new good enough. All they want is a cover Speaker, I reserve the balance of my program. This provision protects over for their Members to go back home and time. 6,000 children in Illinois, as well as the say we voted to drill for more energy. Mr. MCDERMOTT. Madam Speaker, I thousands of children in other States yield 2 minutes to the gentleman from who benefit from the waiver program. Illinois (Mr. DAVIS). So again, Madam Speaker, I want to b 1300 Mr. DAVIS of Illinois. Madam Speak- commend Chairman MCDERMOTT and That’s not true. By not revenue shar- er, today is a good day for the more Ranking Member WELLER, and I also ing, they’re stealing money from the than 41⁄2 million grandparents in this want to congratulate my colleague, States who would opt in to do this. Nation who are raising over 6 million Mr. WELLER, as he prepares to leave Mr. MCDERMOTT. Madam Speaker, I children. Today is a good day for the Congress after a stellar career, and I reserve the balance of my time. 80,000 grandparents in Illinois who are thank Chairman MCDERMOTT for ac- Mr. WELLER of Illinois. Madam raising their young grandchildren, and knowledging the work of Stephanie Speaker, I have no additional speakers, the 36,500 who are living with kinship Tubbs Jones. This is an excellent bill, so I will close for our side. caregivers. These families have told and I urge its passage. As the chairman and I have both Members of Congress for years that Mr. WELLER of Illinois. Madam stated, this is bipartisan, bicameral they needed more support and that the Speaker, I want to commend my friend legislation, broadly supported. I would system wasn’t working for many chil- and colleague from Illinois (Mr. DAVIS) note I have a number of letters of sup- dren, and especially for African Amer- for his efforts on behalf of families and port. I would like to insert into the ican kids. his contribution to this bipartisan leg- RECORD at this point, Madam Speaker, Today we can tell them that we islation. a letter from the National Conference heard you and we are doing something Madam Speaker, I yield 3 minutes to of State Legislatures, a letter from the about it. I commend Chairman the gentlewoman from North Carolina Conference of Chief Justices, the Con- MCDERMOTT, Ranking Member (Ms. FOXX). ference of State Court Administrators, WELLER, as well as Senators CLINTON, Ms. FOXX. Madam Speaker, I want as well as a letter signed by 581 na- SNOWE, GRASSLEY, BAUCUS and ROCKE- to thank my colleague from Illinois. tional, State and local organizations FELLER for their commitment to re- I think what we need to be doing here from every State in the Union in sup- forming foster care. today is continuing to alert the Amer- port of this bipartisan, bicameral legis- I rise in strong, unwavering, and res- ican people to what is not happening in lation designed to help kids, particu- olute support for H.R. 6893. This com- terms of dealing with the energy situa- larly those who need adoption. promise between the House and Senate tion in the United States. SEPTEMBER 15, 2008. advances child welfare in many areas. Last night, House Democrats re- Hon. , In particular, it recognizes that guard- jected any efforts on behalf of the Re- Majority Leader, ianship is an important path to perma- publicans to pass bipartisan energy leg- 528 Hart Senate Office Building, Washington, nency for tens of thousands of children islation. They rejected our efforts to do DC. in foster care. that and they rammed through a sham, Hon. , In August 2007, the GAO confirmed hoax, illusory, no-energy bill that falls Office of the Speaker, H–232, U.S. Capitol, Washington, DC. something that my congressional dis- way short of the all-of-the-above solu- Hon. MITCH MCCONNELL, trict and the foster care community tion that the American people are de- Minority Leader has known for years—that African manding. 61–A Russell Senate Office Building, Wash- American children are overrepresented The bill passed by a vote of 236–189, ington, DC. in the foster care system, and that sub- and that should tell the American peo- Hon. JOHN BOEHNER, sidized guardianship is a key Federal ple how much opposition there was to Republican Leader, policy that can help thousands of chil- this no-energy bill. Office of the House, dren into permanent, loving homes. Even Democrats have indicated that H–204, U.S. Capitol, Washington, DC. DEAR MAJORITY LEADER REID, SPEAKER I thank Chairman MCDERMOTT and this was the wrong bill. Senator MARY PELOSI, MINORITY LEADER MCCONNELL, AND ELLER ANDRIEU Ranking Member W for including L has said that the bill is going REPUBLICAN LEADER BOEHNER: We are writ- many of the provisions supporting kin- to be dead on arrival in the Senate. So ing to urge you to take necessary steps to ship caregivers that I have championed we know this was simply a vote, as has ensure passage this month of important im- for years. Specifically, the bill includes been publicized in Congressional Quar- provements in supports for children and

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.034 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8316 CONGRESSIONAL RECORD — HOUSE September 17, 2008 youth in foster care, including new opportu- ica, Childhelp, Inc., Children Awaiting Par- of important improvements in support of nities for permanent families through adop- ents, Children’s Action Network, Children’s children and youth in foster care, including tion and relative guardianship and other as- Defense Fund, Children’s Rights. new opportunities for permanent families sistance for older youth transitioning from Coalition of Labor Union Women, Coali- through adoption and relative guardianship foster care. The House unanimously passed tion on Human Needs, Community Action and other assistance for older youth the Fostering Connections to Success Act in Partnership, Council for Health and Human transitioning from foster care. As you know, June and the Senate Finance Committee ap- Service Ministries United Church of Christ, the House passed the Fostering Connections proved a similar bill last week. Today, the Dave Thomas Foundation for Adoption, Docs to Success Act (HR 6307) in June and the relevant committees announced agreement for Tots, Family Violence Prevention Fund, Senate provisions are moving toward final on H.R. 6893 that reconciles the House and First Focus, First Star, Foster Care Alumni passage. Senate bills. As 581 national and state and of America. Both HR 6307 and the Senate provisions local organizations from every state that ad- Foster Family-based Treatment Associa- have bipartisan support and are fully paid vocate for the children and youth who will tion, FosterClub, GrandFamilies of America, for. Both proposals also include the following benefit from these improvements, we want to Grandfamilies Teens, Generations United, important improvements that will help hun- ensure that H.R. 6893, the Fostering Connec- Holt International, Jewish Labor Com- dreds of thousands of children in foster care by: tions to Success and Increasing Adoptions mittee, Juvenile Law Center, The Kids are Extending and increasing incentives for Act of 2008, will be passed during this session Waiting: Fix Foster Care Now Campaign, adoption, particularly incentives for the of Congress. Kidsave, Lutheran Services in America. adoption of children with special needs and The Act has bipartisan support and is fully Mental Health America, National Advo- older youth in foster care; paid for. Its important improvements will cacy Center for the Sisters of the Good Shep- Allowing states to offer for the first time help hundreds of thousands of children and herd, National African-American Drug Pol- federal assistance for guardianship payments youth in foster care by: icy Coalition, Inc., National Alliance to End for children who are in foster care, but who Extending and increasing incentives for Homelessness, National Association of Black have grandparents or other relative guard- adoption, particularly incentives for the Social Workers, National Association for ians who want to care for them permanently adoption of children with special needs and Children’s Behavioral Health, National Asso- outside of foster care; older youth in foster care and making many ciation of Counsel for Children, National As- Making it easier for relatives to step in to more children with special needs eligible for sociation of County Human Services Admin- raise children when their parents cannot by federal adoption assistance. istrators, National Association of Counties, requiring notification of relatives when chil- Allowing states to offer, for the first time National Association for the Education of dren are removed from their parents and pro- with federal assistance, guardianship pay- Homeless Children and Youth. viding grants to link caregivers with the ments for children who are in foster care but National Association of Social Workers, services their children need; who have grandparents or other relative National CASA Association, National Center Offering important protections and sup- guardians who want to care for them perma- on Domestic and Sexual Violence, National ports for American Indian children in foster nently outside of foster care. Center on Housing and Child Welfare, Na- care, by allowing tribes, for the first time, Making it easier for immediate relatives to tional Child Abuse Coalition, National Chil- the same direct access to federal foster care, step in to raise children when their parents dren’s Alliance, National Collaboration for adoption assistance, and relative guardian- cannot by requiring notification of relatives Youth, National Committee of Grandparents ship funding that states have; when children are removed from their par- for Children’s Rights, National Council for Increasing opportunities for success for ents and grants to link caregivers with the Adoption, National Council of Jewish older youth in foster care as they transition services their children need. Women. into adult life by allowing them to continue Offering important protections and sup- National Foster Care Coalition, National to receive federal foster care payments be- ports for American Indian children in foster Foster Parent Association, National Indian yond the age of 18; and care, by allowing tribes, for the first time, Child Welfare Association, National Network Improving educational opportunities for the same direct access to federal foster care, for Youth, National Policy Partnership for children and youth in foster care, which will adoption assistance and relative guardian- Children of the Incarcerated, National Rel- also increase their opportunities for later ship funding that states have. ative Caregiver Consultants, National Re- success. All of these reforms encompass many of Increasing opportunities for success for source Center for Youth Services, Native the critical improvements that hundreds of older youth in foster care as they transition American Children’s Alliance, NETWORK, A former foster youth, adoptive parents, rel- into adult life by allowing them to receive National Catholic Social Justice Lobby, federal foster care payments beyond the age ative caregivers, and others have been re- North American Council on Adoptable Chil- questing of Congress. We commend you for of 18. dren. Improving educational opportunities for your leadership and commitment to address- Orphan Foundation, Pre-K Now, Prevent children and youth in foster care, which will ing the needs of our nation’s most vulnerable Child Abuse America, The Rebecca Project also increase their opportunities for later children and youth. On behalf of state for Human Rights, Religious Coalition for success. courts, we support timely enactment of Reproductive Choice, Service Employees Promoting the health care of children and these important improvements for children International Union (SEIU), Specialized Al- youth in foster care. and youth in foster care. Expanding training opportunities for rel- ternatives for Families and Youth of Amer- Sincerely yours, ica, Teaching-Family Association, United ative guardians, staff in private agencies and MARGARET H. MARSHALL, the courts, and attorneys and others rep- Cerebral Palsy, United Church of Christ Jus- President, Conference resenting children. tice and Witness Ministries. of Chief Justices. These reforms encompass many of the crit- United Neighborhood Centers of America, STEPHANIE J. COLE, ical improvements that former foster youth, United Way of America, USAction, Voice for President, Conference adoptive parents, relative caregivers, and Adoption, Voices for America’s Children, of State Court Ad- others have been requesting of Congress for Youth Law Center, Zero to Three. ministrators. years. We commend you for your leadership CONFERENCE OF CHIEF JUSTICES NATIONAL CONFERENCE OF and commitment to addressing the needs of CONFERENCE OF STATE COURT STATE LEGISLATURES, our nation’s most vulnerable children and ADMINISTRATORS Re H.R. 6893 youth. The organizations below support Government Relations Office, Arlington, September 15, 2008 timely enactment of these important im- Virginia, September 15, 2008. Hon. NANCY PELOSI, provements for children and youth in foster Hon. HARRY REID, Office of the Speaker, care. Majority Leader, Hart Senate Office Building, H–232, U.S. Capitol, Washington, DC. Respectfully yours, Washington, DC. Hon. JOHN BOEHNER, Adopt America Network, Alliance for Chil- Hon. MITCH MCCONNELL, Office of the House Republican Leader, dren and Families, American Academy for Minority Leader, Russell Senate Office Build- H–204, U.S. Capitol, Washington, DC. Child and Adolescent Psychiatry, American ing, Washington, DC. DEAR SPEAKER PELOSI AND MINORITY LEAD- Academy of Adoption Attorneys, American Hon. NANCY PELOSI, ER BOEHNER: The National Conference of Academy of Pediatrics, American Associa- Office of the Speaker, Office of the House, U.S. State Legislatures (NCSL) supports the bi- tion of Children’s Residential Centers, Amer- Capitol, Washington, DC. cameral, bipartisan Fostering Connections ican Humane Association, American Profes- Hon. JOHN BOEHNER, to Success and Increasing Adoptions Act of sional Society on the Abuse of Children, Republican Leader, U.S. Capitol, Washington, 2008, HR 6893. State legislators know the im- American Psychological Association, The DC. portance of finding permanency for children Arc of the U.S., Association on American In- DEAR SENATORS REID AND MCCONNELL AND in the child welfare system, whether through dian Affairs. REPRESENTATIVES PELOSI AND BOEHNER: On adoption or relative guardianship, and the Bazelon Center for Mental Health Law, behalf of the Conference of Chief Justices need to help youth preparing to transition Black Administrators in Child Welfare, Inc., and the Conference of State Court Adminis- from foster care in their states and commu- Catholic Charities USA, Center for Law and trators, we are writing to urge you to take nities. We appreciate that Congress is taking Social Policy, Child Welfare League of Amer- necessary steps to ensure passage this month action on these issues.

VerDate Aug 31 2005 04:43 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.023 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8317 This important legislation extends and in- CUS and Ranking Member GRASSLEY in from that is landmark legislation that creases incentives for adoption, particularly the Senate, that we shared a common is a significant step forward for chil- incentives for the adoption of children with commitment, and that is that we want- dren, for foster children, probably the special needs and older youth in foster care. State legislators have long supported the ed to put together a package legisla- biggest step in more than 10 years. And concept that grandparents, or other imme- tion that not only deserved bipartisan I think when the Congress works to- diate family members, who are caring for support but that responded to the gether for the common good, things get children who cannot safely remain with their needs, particularly of children in foster done in a very positive way. parents as foster parents, should be given care, children that need help and need Children are America’s future, and priority for such custody and placement over the opportunity to find a loving family. today we’re making an investment in placement in a foster home with a non-rel- I found that by all of us working to- that future, and in our own. We all ative. Additionally, subsidized guardianship gether in a bipartisan way, we pro- want our children to be connected to with relatives may be an appropriate perma- nency option for children who cannot safely duced this bipartisan, bicameral legis- their family, and this bill expects the return home. Many states have moved for- lation which is now before us. same for foster children. We want our ward on their own, so we applaud the fact With the vote of the House today and children to feel like they are in a lov- that this bill makes federal funds available the action of the Senate later, this leg- ing, permanent home, and this legisla- for this option and for support services for islation is going to become law. I really tion expects no less for foster kids. We caretaker relatives. Positive features of the want to commend Chairman BAUCUS want our kids to go to a school and bill include a program to help kinship care and Chairman MCDERMOTT for their have decent medical care, and again, givers navigate their way through the social services system and codification of vari- leadership, as well as Ranking Member we’ve done that in this bill, or we’ve ations in licensing that would allow more GRASSLEY, for the leadership of every- begun the process. Finally, we want children to be placed safely with relatives one involved, because the commitment our children to have the best chance to when they do need to be placed in foster we had from day one was producing succeed in life, a desire that did not care. legislation that would receive a major- end on their 18th birthday. This bill In addition, the legislation increases re- ity of support in the House and Senate shares in that hope for kids. sources available to children aging out of and become law, because we truly want This bill says to foster kids, you’re foster care to help them successfully transi- tion into adult life. NCSL’s Child Welfare to help children. not forgotten. There is a future and the policy has long called for expansion of fed- So the bottom line is pretty simple, future begins today. I want to encour- eral financial participation for states that and that is, I urge my colleagues in the age all my colleagues to support this choose to provide assistance to youth age 18– House to join us with strong bipartisan bill. 21 who are preparing to transition from fos- support and send this legislation to the Chairmen get the unique opportunity ter care to self-sufficiency. President; legislation that provides in- of kind of borrowing a lot of ideas from These improvements encompass many of centives to encourage families to adopt other people. I took some from DANNY the critical changes to federal adoption and DAVIS and some from Stephanie Tubbs child welfare policy that state legislators children in need of a loving home; leg- have called upon Congress to enact. Reau- islation designed to ensure that child Jones and some from Mr. WELLER, and thorization of the adoption incentives pro- care workers receive the resources they we put a bill together. gram will provide critical resources and re- need so they’re fully trained to help Even chairmen shouldn’t get all the ward state efforts to find permanence for children in our foster care system, credit, because staff people like Nick children in the child welfare system. We whether they work for a not-for-profit Gwynn and Sonya Nesbit and Sean commend the House and Senate for its lead- organization or for a government agen- Hughes on our side have played a major ership and commitment to addressing the cy; and also legislation to ensure that part in talking our way through this needs of our nation’s most vulnerable chil- the first Americans receive the same bill. dren and youth. Thank you for moving this In contrast, we have the energy bill legislation forward so that Congress can opportunity to access Federal funds for complete work on a child welfare measure foster care as those of us who came which was brought out here and we this year. later, and so that the provision which continue to hear people talk about as Sincerely, allows tribes to receive these funds, though there was no hope of working Representative RUTH KAGI, rather than having to go begging to the with the Senate. Washington Chair, NCSL Human Services States, becomes law with this legisla- Now if the Republicans in the Senate and Welfare Committee tion. would like to work with the Demo- Madam Speaker, I also note that of This is good legislation. It’s bipar- crats, I think we can put a bill to- the 581 national, State and local orga- tisan legislation. This legislation was gether. We did it on child welfare. Cer- nizations, and of course they represent put together with the right spirit. I do tainly we ought to be able to do it on every State of the Union that are in want to thank my chairman again for something as important as energy. support of this important legislation, the partnership we’ve had on this legis- But to write off legislation and say, that a number of them are from the lation as well as many other initia- oh, the only bill that could pass out of State that I represent, the State of Illi- tives. It’s nice to show that when we here is the only one that could pass nois, including the Baby Fold, which is all work together in a bipartisan way, through the Senate, that’s simply not an organization headquartered in Nor- we can get things done. respecting the legislative process. The mal, Illinois in the district that I rep- Clearly this legislation, I think, is a Republicans in the Senate really have resent. The Allendale Association, the great example of what happens when to make a choice. They either support Child Care Association of Illinois, Chil- you set aside partisan politics and American taxpayers and consumers dren’s Home and Aid, Community Ac- work together for the good of our Na- and talk about new energy jobs, or tion Partnership of Lake County, tion, particularly in this case children they do what the big oil companies Latino Consortium, Methodist Youth who are in need of a loving home. want. That’s a very simple choice. Services Northwestern University Set- Madam Speaker, I urge bipartisan I think that it’s unfortunate if we in tlement Association, Project IRENE, support. this House give up and say, well, the SOS Children’s Village of Illinois, I yield back the balance of my time. Senate won’t come to their senses; UCAN, Voices for Illinois Children, and Mr. MCDERMOTT. Madam Speaker, I they won’t do anything reasonable on the Youth Outreach Services are exam- think we are having a discussion today energy. They did reasonable things on ples of organizations in the State that about the tale of two bills, actually. child welfare because they cared about I represent, which demonstrate broad The bill that we have before us here this country’s kids. I think, in the Sen- support for this bipartisan, bicameral today is really landmark legislation, ate, they care about this country’s wel- legislation designed to help children and as Mr. WELLER has said, it is the fare, and they’re going to do something who need help. product of bipartisanship here in the reasonable on energy. I particularly want to point out that, House and actually, bicameral. So all this talk about only the House as we worked to develop this legisla- I talked to Senator GRASSLEY; we can produce a perfect bill to be rubber- tion, it’s very clear, as I had the privi- talked about various aspects of the bill stamped by the Senate, it didn’t work lege of working with my chairman, Mr. so that there was open communication in child welfare. They had to make MCDERMOTT, as well as Chairman BAU- on this issue. And what we’ve produced their changes. We will see some

VerDate Aug 31 2005 04:43 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.025 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8318 CONGRESSIONAL RECORD — HOUSE September 17, 2008 changes in that Senate bill, if they’re must answer their call. As Members of Con- be adopted. 61 percent of these children wait- thinking about the common good, and gress, citizens, and as parents, we must open ing to be adopted are of a minority back- not about election on the 4th of No- our hearts and offer our hands and resources ground. Within the Children’s Services Divi- vember. If it’s all about elections, we to serve these young people. sion, 71 percent of the adoptions are of Cau- won’t get a bill on energy out of the I ask my colleagues to join me in doing so casian children. This bill will ensure that par- Senate. But if there is a desire to deal by supporting H.R. 6893. We would do no less ents and children involved with adoption will with the common good for this coun- for our own children. have ample resources available if needed. In try, then we will look at the com- Ms. JACKSON-LEE of Texas. Madam turn, this will encourage domestic adoptions prehensive bill that was put together Speaker, I rise today in strong support of H.R. that will help every ethnicity of orphaned chil- over here. And actually some Repub- 6893, The Fostering Connections to Success dren throughout the United States. licans voted for it. Now that shows it and Increasing Adoptions Act, introduced by CONCLUSION can be bipartisan, even in the House, my distinguished colleague, Representative I firmly believe that we must pass this legis- on a very contentious issue. I think McDERMOTT. This important legislation encour- lation in order to support adoption in our coun- that the fact that it’s over in the Sen- age a safe and successful adoptions which try. Adoption benefits this entire country; as ate bodes well. We have a whole week will strengthen our social system and provide domestic children are provided with nourishing yet for them to come to their senses quality foster homes for orphaned children homes, that will enable them a more positive and send us a bill back. across the United States. environment. This bill will allow foster parents Ms. BERKLEY. Madam Speaker, I rise QUOTE and foster children the compensation and care today in support of H.R. 6893, the Fostering ‘‘Investing in children is not a national luxury that they deserve. Connections to Success and Increasing Adop- or a national choice. It’s a national necessity. By passing this legislation, we will provide tions Act. If the foundation of your house is crumbling, the necessary means for more adoptions to The provisions of this bill will increase the you don’t say you can’t afford to fix it while take place in this country where we are built tools available to states to help children in fos- you’re building astronomically expensive on strong families and strong people. We must ter care have stable placements and easier fences to protect it from outside enemies. The do what we can to assist those whose hearts transitions into adult life. issue is not are we going to pay—it’s are we are kind and ambitions are sincere. I urge my This legislation allows states to continue going to pay now, up front, or are we going to colleagues to support this; I know together we foster care assistance for kids up the age of pay a whole lot more later on.’’ Marian Wright can provide the necessary support for the 21, authorizes federal assistance to relatives Edelman families and adopted children of the United assuming legal guardianship of children for States. Thank you, Madam Speaker, I yield GENERAL whom they have cared as foster parents, and the remainder of my time. The fundamental purpose of adoption is to extends and improves the Adoption Incentives Mr. TIAHRT. Madam Speaker, I rise today serve the best interests of children. It does so Program, among other things. to express my support for adoption. Specifi- by providing loving, responsible, and legally While much more remains to be done to en- cally, I rise to express my support for two bills permanent parents when their biological par- sure the safety and well being of our nation’s we are considering on the floor today—the ents cannot or will not parent them. Serving foster children, I support this legislation as a Fostering Connections to Success and In- the best interests of children should be para- common sense and much needed first step in creased Adoptions Act, and the resolution mount in deciding all issues of adoption policy the right direction, and I hope that Nevada and Recognizing National Adoption Day and Na- and practice. Adoption is healthy, satisfying, other states will take advantage of the new tional Adoption Month. and good for children, not an enduring chal- tools made available to them. It is no secret that I am pro-life. Life begins I urge my colleagues to support this legisla- lenge to identity and wholeness. People who at conception, and I believe that we should do tion time. are adopted as infants grow up as healthy and everything within our power to encourage and Mr. LEWIS of Georgia. Madam Speaker, I productive as people raised in their biological facilitate mothers to carry their child to term. It rise today to urge all of my colleagues to sup- families. The vast majority of foster children is my hope and prayer that every child will be port H.R. 6893, the Fostering Connections to make the transition into their adoptive families wanted and loved by his or her parent. But I Success Act and Increasing Adoptions Act. and grow up very successfully. am not so naı¨ve as to think that this is always I applaud the Gentleman from Washington In the 1990s, there are approximately the case. Tragically, there are situations where (Mr. MCDERMOTT) and the Gentleman from Illi- 120,000 adoptions of children each year. This the mother and/or father cannot care for their nois (Mr. WELLER) for working with our Senate number has remained fairly constant in the baby. Perhaps the mother is still in school, colleagues in crafting this legislation. I am 1990s, and is still relatively proportionate to and too young to responsibly raise the child. proud to serve on the Ways and Means In- population size in the U.S. Adopted children Perhaps she is unmarried, and does not have come Security and Family Support Sub- do as well as or better than their non-adopted the means to provide for her baby. There are committee under their leadership. counterparts, according to a 1994 study by the a myriad of reasons. But while there are some Today, more than half a million children are Search Institute, a Minneapolis-based public in this great nation who would suggest these, living in foster care. H.R. 6893 addresses policy research organization providing leader- and other extenuating circumstances are ex- many of the key problems that plague the fos- ship, knowledge and resources to promote actly why abortion needs to remain legal, I in- ter care system. This bill includes much need- healthy children, youth and communities. As stead believe that they are exactly the reason ed educational stability requirements and new these statistics show adoption is a vital part of adoption needs greater national attention. oversight for children’s health care. H.R. 6893 our society. The large number of families that Over the years that I have had the privilege also includes key adoption incentives that help took children into their homes and hearts do a of serving the people of the 4th District of create permanent, safe, loving families for all great service for the children of our nation. Kansas here in Washington, I have worked children. Of particular importance to my con- This bill will improve the compensation for with many of my colleagues on both sides of stituents in Georgia are the improvements to foster parents and increase the amount of fed- the aisle to pass legislation that protects the kinship guardian care and to services for eral assistance they receive. These assistance sanctity of life, for those born, and those still youth aging out of foster care included in this stipulations include: in the womb. An important aspect of that ef- bill. Federal reimbursement to States choosing fort, however, is caring for the child after it is I am proud to be a cosponsor of this impor- to provide assistance to grandparents and born. Unfortunately, this is an area that is tant legislation; it is an important step in the other relatives who become legal foster par- often overlooked. It is my hope that legislation right direction. We must pass H.R. 6893 in ents. before us today, H.R. 6893 and H. Res. 1432, both the House and Senate before the end of Federal assistance for foster children up to will help remedy this problem. this Congress. Then we must collaborate on the age of 21. The Fostering Connections to Success and more comprehensive improvements to the Improved health care for every foster child, Increased Adoptions Act takes great steps to child welfare system in the 111th Congress. including a plan for educational stability. assist both children and adoptive parents. It Madam Speaker, in my home state, there Federal Funding for training to cover private provides financial assistance for relatives of are thousands of young people in foster care. child welfare workers and court personnel. children in foster care that agree to become Young people in foster care have not chosen An improved Adoption Incentives Program. permanent guardians. And it includes edu- this life. For a variety of reasons beyond their MINORITIES cational stability as a factor when establishing control, foster care children are uprooted from There are currently 510,000 children in fos- a child’s case plans. Provisions like these help all that they know and rely on us for help. We ter care, and 129,000 children are waiting to to establish a sense of consistency in the life

VerDate Aug 31 2005 05:37 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4634 Sfmt 9920 E:\CR\FM\K17SE7.037 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8319 of a child that is all too often lacking that. It ess of adopting children from foster care and gentleman from Illinois (Mr. WELLER) also reauthorizes the Adoption Incentives Pro- the children who are eligible for adoption; each will control 20 minutes. gram, which can make the possibility of adopt- Whereas 71 percent of those who have con- The Chair recognizes the gentleman sidered adoption consider adopting children from Washington. ing more feasible for some families. from foster care above other forms of adop- Madam Speaker, the choice to adopt a child tion; Mr. MCDERMOTT. Madam Speaker, I is not one to be made without great consider- Whereas 45 percent of people in the United would yield such time as he may con- ation. There are risks and challenges involved States believe that children enter the foster sume to the gentleman from Nevada with such a decision. We in Congress should care system because of juvenile delinquency, (Mr. PORTER), the resolution’s chief show them our support and encouragement when in reality the vast majority of children sponsor. in the foster care system were victims of ne- for them when they do decide to adopt. One GENERAL LEAVE way for us to do that is through H. Res. 1432. glect, abandonment, or abuse; Whereas 46 percent of people in the United Mr. PORTER. Madam Speaker, I ask I encourage my colleagues to join me in voting States believe that foster care adoption is unanimous consent that all Members for these bills, and let’s show our support for expensive, when in reality there is no sub- may have 5 legislative days to revise adoption, and the children and families in- stantial cost for adopting from foster care, and extend their remarks and include volved in it. and financial support in the form of an adop- therein extraneous materials on the Mr. MCDERMOTT. I yield back the tion assistance subsidy is available to adop- bill under consideration. balance of my time and encourage ev- tive families of eligible children adopted The SPEAKER pro tempore. Is there eryone to vote for this bill. from foster care and continues after the objection to the request of the gen- The SPEAKER pro tempore. The adoption is finalized until the child is 18, so tleman from Nevada? that income will not be a barrier to becom- question is on the motion offered by ing a parent to a foster child who needs to There was no objection. the gentleman from Washington (Mr. belong to a family; Mr. PORTER. Madam Speaker, I am MCDERMOTT) that the House suspend Whereas significant tax credits are avail- here today as an honored Member of the rules and pass the bill, H.R. 6893. able to families who adopt children with spe- the , and I ap- The question was taken; and (two- cial needs; preciate, Madam Speaker, your leader- thirds being in the affirmative) the Whereas the Department of Health and ship and that of our chairman and our rules were suspended and the bill was Human Services, Administration for Chil- ranking member on an issue I think is passed. dren and Families, in a partnership with the very important to every family in this Ad Council, supports a national recruitment A motion to reconsider was laid on campaign for adoptive parents; great country, but most important for the table. Whereas the Collaboration to AdoptUsKids those families that are trying to adopt f features a photolisting Website for waiting a child or those in foster care. foster children and prospective adoptive fam- Today, we’re recognizing National SUPPORTING THE GOALS AND ilies at www.adoptuskids.org, and in Spanish Adoption Day, which is November 15, IDEALS OF NATIONAL ADOPTION at www.adopte1.org; 2008. It’s for continued awareness of DAY AND NATIONAL ADOPTION Whereas National Adoption Day is a collec- adoption and foster issues. MONTH tive national effort to find permanent, loving Madam Speaker, can you imagine families for children in the foster care sys- that there are children today sitting in Mr. MCDERMOTT. Madam Speaker, I tem; move to suspend the rules and agree to Whereas, since the first National Adoption a living room somewhere across Amer- the resolution (H. Res. 1432) supporting Day in 2000, 20,000 children have joined for- ica, possibly watching television, the goals and ideals of National Adop- ever families during National Adoption Day; maybe reading a book or playing cards tion Day and National Adoption Month Whereas in 2006, adoptions were finalized with their friends or another sibling. by promoting national awareness of for over 3,300 children through more than 250 But imagine if you’re that child and a adoption and the children in foster care National Adoption Day events in all 50 car pulls up in front of your house, and States, the District of Columbia, and Puerto awaiting families, celebrating children out of it comes one or two individuals Rico; that come and knock at your door and and families involved in adoption, rec- Whereas National Adoption Month cele- ognizing current programs and efforts brates the gift of adoption, recognizing the tell you that you have to move. You designed to promote adoption, and en- adoptive and foster families who share their may have been there for a week. You couraging people in the United States hearts and homes with children in need, and may have been there for a month. You to seek improved safety, permanency, raises awareness of the need for families for may have been there for a year with and well-being for all children. the many waiting children, particularly this particular foster family. Imagine The Clerk read the title of the resolu- older children and teens, children of color, the pain of that child, realizing that members of sibling groups, and children with tion. two strangers are coming to the door physical and emotional challenges; and to take them to another place to re- The text of the resolution is as fol- Whereas November 2008 is National Adop- lows: tion Month, and November 15, 2008, is Na- side. H. RES. 1432 tional Adoption Day, and activities and in- b 1315 Whereas there are nearly 500,000 children formation about both are available at www.childwelfare.gov/adoption/nam/activi- Now, most children in our country in the foster care system in the United are blessed they don’t face that par- States, approximately 130,000 of whom are ties.cfm: Now, therefore, be it Resolved, That the House of Representa- waiting for families to adopt them; ticular challenge. Again, can you imag- tives— Whereas nearly 54 percent of the children ine if that same child then is removed (1) supports the goals and ideals of Na- in foster care are age 10 or younger; from that home and moved to another tional Adoption Day and National Adoption Whereas the average length of time a child home, without even a medical record, Month; spends in foster care is more than 2 years; they may have to have additional in- (2) recognizes that every child in foster Whereas, for many foster children, the care deserves a permanent and loving family; oculation, they may not have their wait for a permanent, adoptive, ‘‘forever’’ (3) recognizes the significant commitment glasses, they may not have all their family in which they are loved, nurtured, of taxpayers to support adoption, including personal belongings. comforted, and protected seems endless; the $1,900,000,000 provided to support adop- Madam Speaker, this is why we are Whereas the number of youth who ‘‘age tion through the Title IV-E Adoption Assist- out’’ of the foster care system by reaching recognizing Adoption Day and recog- ance program, as well as the assistance pro- adulthood without being placed in a perma- nizing foster families across the coun- vided through the Title IV-E Foster Care nent home has increased by more than 58 try, because of the important role that program to 130,000 children waiting for adop- percent since 1998, as nearly 27,000 foster they play in the well-being of our chil- tive families, among other important pro- youth ‘‘aged out’’ of foster care during 2007; grams; and dren. Whereas every day loving and nurturing (4) encourages the citizens of the United Currently, there are 500,000 children families are strengthened and expanded when States to consider adoption of children in in the foster care system around the committed and dedicated individuals make foster care who are waiting for a permanent, United States, and there’s 130,000 chil- an important difference in the life of a child loving family. through adoption; dren just waiting for adoption. At first- Whereas, while 3 in 10 people in the United The SPEAKER pro tempore. Pursu- hand knowledge, in the State of Ne- States have considered adoption, a majority ant to the rule, the gentleman from vada, we have about 4,000 children a of them have misconceptions about the proc- Washington (Mr. MCDERMOTT) and the year that enter into the foster care

VerDate Aug 31 2005 05:37 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.060 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8320 CONGRESSIONAL RECORD — HOUSE September 17, 2008 system, and last year, many of those want to address this resolution which return home to their biological parents children were blessed to find a home; has been authored by my friend JON has the ability to achieve permanency 444 children were adopted. PORTER of Nevada, who’s a strong advo- through adoption. Sadly, too many I have a family that I recognize this cate for adoption and foster children, children are languishing in the foster week. The Congressional Coalition on while serving on the Ways and Means care system for far too long as they Adoption has provided for us as Mem- Committee, and I commend him for wait to be adopted. bers to recognize individuals for their taking the lead on the National Adop- There are currently 129,000 children help in fostering homes and creating tion Month resolution that’s before us. who are waiting to be adopted out of adoptions, and that’s Scott and Kath- With that, Madam Speaker, I yield 3 foster care. These children, on average, leen Greenberg of Las Vegas, Nevada. minutes to the distinguished gen- will have to wait nearly two-and-a-half They are proud parents of a 15-month- tleman from Georgia (Mr. GINGREY). years in the foster care system before old son, Evan. Mr. GINGREY. Madam Speaker, I they are adopted by the family. A They, of course, found it rewarding thank the gentleman from Illinois for minute can be a lifetime in the eyes of but also challenging because it took yielding. a child. Imagine how a child feels as close to 5 years for this loving family As a proud member of the Congres- they wait nearly two-and-a-half years to be able to adopt a child. They start- sional Coalition on Adoption, I rise in for a family to pick them. ed in Tennessee. They then worked strong support of H. Res. 1432. This im- Representative WELLER and I intro- through Georgia, through different portant resolution recognizes the goals duced bipartisan legislation, which just adoption agencies. They now are work- and ideals of National Adoption Day passed the House, which would provide ing through Nevada, but it took 5 and National Adoption Month by pro- a variety of policy initiatives aimed at years, and each time they had to start moting and raising national awareness increasing the number of children who over. They had challenges of arranged of adoption and children in foster care, are adopted from the foster care sys- adoptions; they had challenges of the as my colleague from Nevada was just tem. The Fostering Connections to public system. explaining. I commend him, the gen- Success and Increasing Adoptions Act Madam Speaker, the reason we’re tleman from Nevada (Mr. PORTER), for extends, expands, and improves the here today is to encourage families to working in a bipartisan matter to Adoption Incentives Program. This adopt these children, to be patient, but bring this important resolution to the successful program provides financial also, the legislation, with the leader- floor, a resolution that celebrates the bonuses to States that increase the ship of our chairman and our ranking children and the families involved in number of children adopted out of fos- member, should make it easier now for adoption, as well as the current pro- ter care. families like the Greenbergs to adopt grams and efforts designed to promote I have to add that, sort of parentheti- children. adoption. cally, I started the subsidized adoption In Nevada, I’ve worked closely with As was said by my colleague in Illi- program in the Washington State legis- the foster care program, and I think, nois, I was an OB/GYN physician for lature in 1971. There has been a very like most of us, our children keep com- nearly 30 years before coming to the uneven spread of that concept across ing back no matter what age, but for Congress back in 2003, and I am espe- the States in this United States. So it’s foster kids, at the age of 18, as they cially passionate, Madam Speaker, important that we at the Federal level move on from the foster care system, about protecting children and their set the standard and say to States, many of them do not have a home to right to life by encouraging adoption. here’s some money if you will think come back to. So in the Nevada legisla- Madam Speaker, adoption brings joy about doing subsidized adoptions for ture we passed legislation to create a to many loving families who cannot these kids. program for foster children between have children of their own or who sim- Since the inception of this program, the ages of 18 and 21, and we created a ply wish to welcome even more chil- nearly 440,000 children have been adopt- fund to help these children with edu- dren into their homes and into their ed out of the foster care system. cation, with training, with housing, hearts. Both National Adoption Day The bill also would provide addi- with health care. It’s funded through a and National Adoption Month, which tional incentives for States to continue copying of documents in the county of will be recognized on November 15 and, to increase the number of children who Clark, and we’re raising about $1 mil- indeed, throughout the entire month of leave the foster care system for perma- lion a year right now to help these November, raise awareness nationally nency through adoption or through children in transition. for the more than 129,000 children who guardianship placement with a grand- Madam Speaker, I’m here today to are currently in foster care and look- parent or a relative caregiver. ask not only for our colleagues to sup- ing, almost begging, for those perma- Additionally, the legislation would port this legislation, but in our own nent homes. provide adoption subsidy assistance to districts across the country, remind I wholeheartedly believe that raising all special-needs kids—these are the these moms and dads and these individ- awareness for adoption, as this resolu- ones that are the hardest to get adopt- uals that want to adopt children that tion does so well, will help place more ed—rather than those children whose we want to make it as easy and safe children in those loving homes. How- birth parents were eligible for welfare and a wonderful experience that it can ever, I believe that we should spend under rules that were in place in 1996. be, and that’s why we’re recognizing more than just 1 day, or even 1 month, The bill expands Federal adoption as- this program today. during the year raising awareness on sistance by delinking eligibility for as- My great appreciation goes out to this issue. Both children and parents sistance from the now defunct AFDC Scott and Kathleen Greenberg as the greatly benefit from adoption, and I program and by phasing in adoption proud parents and to all those other want to applaud all individuals in my subsidy to children by their age and families in Nevada that are part of the home State of Georgia and across this their length of time in foster care. foster program, to all the professionals country who work so tirelessly to bring And finally, the legislation would across the country that are working joy to these families who sometimes provide direct Federal adoption assist- hard to make sure that our children have very little joy. ance to tribal governments who run have safe homes. Madam Speaker, I want to urge all their own child welfare programs. Trib- Today, I ask for your support and my colleagues, and I’m sure they will, al governments would be able to access that of the rest of this body in sup- to support H. Res. 1432. the same service that is now available porting our resolution which recog- Mr. MCDERMOTT. Madam Speaker, to the States. Such services will allow nizes National Adoption Day for No- far too many of our Nation’s most vul- tribal governments to increase the vember 15, 2008. nerable children long for nothing more number of Native American children Mr. WELLER of Illinois. Madam than a safe and permanent place to call that are adopted out of the tribal fos- Speaker, taking the lead of my chair- home. ter care systems. man, I will close on this important res- As the de facto parents of foster chil- The month of November marks Na- olution, but before I move to that, I dren, it’s our responsibility to ensure tional Adoption Month, and that’s have two speakers on our side who that each child who is unable to safely what this resolution is really all about.

VerDate Aug 31 2005 05:37 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.040 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8321 As we celebrate the countless families affecting their family, and it’s cer- down the price of gasoline. Well, we’ve who have opened their homes and their tainly affecting everyone in this coun- been here almost 2 years. Not until last hearts to children who are in need of a try. And yet we have a do-nothing Con- night did we get a bill, and we know home, I ask my colleagues to join us in gress that has not been willing to take that’s not going to bring down the supporting the goals and the ideals of up that issue. price of gas—but even the rank-and-file National Adoption Month. I am, again, very happy that we’re Democrats who promised their con- Every child deserves nothing less dealing with talking about the needs of stituents that they would vote for than a safe and loving place to call foster parents, talking about pro- bills, even sponsored bills, that they home. By working together in a bipar- moting adoptions. However, what we then would not vote on. tisan fashion, we can do our part to en- could be doing is some real action to I want to mention some of those and sure permanency and success for all bring down the price of gasoline and quote them. Many of them also say the children. truly, truly help American families. they want to stimulate the economy, I reserve the balance of my time. Instead, when given the options of but almost every single one of them Mr. WELLER of Illinois. Madam doing that, this Democrat majority re- voted against this bipartisan bill au- Speaker, how much time remains on fuses to do it. What they do is they thored by Representatives JOHN PETER- each side? bring up sham bills, bills that are hoax- SON of Pennsylvania and NEIL ABER- The SPEAKER pro tempore. The gen- es and illusions to the American people CROMBIE from Hawaii. Mr. PETERSON is tleman from Illinois has 17 minutes re- and say, well, yes, we have been asked a Republican; Mr. ABERCROMBIE is a maining. The gentleman from Wash- all summer long to drill, to create Democrat. Their bill would lower gas ington has 11 minutes remaining. more supply, and then they bring up prices on behalf of working families Mr. WELLER of Illinois. Madam bills that don’t do that, that in fact and small businesses. Speaker, at this time, it’s my privilege make it more of a problem to be able to There were 24 Democrats who were to yield 12 minutes to the distinguished create additional supply. And that’s cosponsors of the Peterson-Aber- gentlewoman from North Carolina (Ms. what happened on this floor yesterday. crombie bill who voted against that FOXX). bill last night after they said they b 1330 Ms. FOXX. I thank my colleague would vote for it. Many of them prom- from Illinois for yielding this time. We started out last year by trying to ised their constituents that they would I certainly am in very, very strong compare the promises that were made vote for it. And I want to give some ex- support of this resolution. I think that by the Speaker—who was then minor- amples of that. it is very important that we pass this ity leader—and the majority leader in Representative NANCY BOYDA, Demo- bill, goals and ideals of National Adop- terms of the promises that they made crat from Kansas, who was a cosponsor tion Month. I, too, have seen the im- and what they were doing. Well, all of the Peterson-Abercrombie bill, voted pact of children having to be in foster along the way it’s been promises made, against it when given an opportunity. care for long periods of time. promises broken. However, earlier in the month, she And as a grandparent of two and re- They said they would have the most issued a press release that promised minded on a constant basis of the fra- open, most bipartisan Congress ever in that she would work to get this bill gility of children, and particularly the history of this country, and what passed. She said, ‘‘I have been working their self-concept and how they inter- do they do? They start out imme- with a large, bipartisan group of Rep- act with other people and their need to diately by bringing bills to the floor resentatives to develop a comprehen- be in loving homes, with parents who that haven’t gone to committee and sive, commonsense energy bill. Our really want them and make them feel that are not allowed to be amended. [Peterson-Abercrombie] bill would pro- accepted and help them succeed from They continue to do that. They did vide sorely needed relief for Kansas birth through adulthood, it makes a that again yesterday. families. It will help create energy huge difference in the life of a child to The bill that they brought up did not independence for America and millions be in a stable environment instead of go through the committee structure. In of jobs to help stabilize our struggling being moved from foster home to foster fact, I read the bill last night, and I economy.’’ Representative NANCY home. meant to count how many committees BOYDA, Democrat, Kansas, press re- I admire tremendously the people but there must have been eight or 10 lease, 9/04/08. who open their homes and open their committees that this bill was supposed She issued that press release and hearts to children who are not their to go through. It went through none of then voted against the very same bill birth children, and I commend them for them. It was written in the Speaker’s she had told her constituents she was being willing to do that and want us to office. Nobody got a chance to see it working to get passed. pass this resolution and acknowledge until about 12 hours before we were Representative BARON HILL, Demo- those people. going to vote on it. It was 290 pages crat of Indiana, a cosponsor of the Pe- But I think one of the most impor- long. It was brought to the floor with terson-Abercrombie bill, once said, ‘‘I tant things that we could do for all no opportunity to amend it. hope this bipartisan bill will indeed be families in this country, not just those The Republicans had one opportunity brought to the floor.’’ But when given who are good foster parents, not just to have an impact on the bill, and that a chance, he voted against it. those who open their homes to become was in a motion to recommit. And in Again, in a press release dated Au- adoptive parents, but those who are that motion to recommit, we offered a gust 14, 2008, he said, ‘‘I hope this bi- struggling every day with their own bipartisan bill, a bill called the Peter- partisan bill will indeed be brought to children, is to do what we possibly can son-Abercrombie bill put together by the floor for a vote when we return to to bring down the price of gasoline and Democrats and Republicans, and we of- Washington in September.’’ HILL said, fuel oil. fered that as an option to the bill that ‘‘It would provide immediate relief, We are facing a major problem in this was being brought up because the bill while also bolstering development of country. Families are facing major that was voted on last night is going to new energy sources in order to move problems in this country because of the lock up over 90 percent of the oil re- this country closer to energy independ- high price of gasoline. serves off the coasts of this country ence.’’ Again, Representative BARON I received a letter from a Boy Scout and put them out of reach for us per- HILL, Democrat, Indiana, press release recently who said to me, ‘‘I’m afraid manently. August 14, 2008. we’re going to not be able to continue And I want to talk about how it’s not These press releases show that what to go to church on Sundays because of been only the people in charge of this the press here in Washington is report- the high price of gasoline.’’ Those are Congress—the Speaker and the major- ing is that the bill that was brought up the kinds of things that tear at any ity leader, they’re the ones who are in last night by the Democrats was only person’s heart because you know that charge; they’ve broken every promise brought up to provide cover for Demo- that’s coming from the heart of a child that they have made. They even prom- crats who are in vulnerable seats this who has heard his parents talking ised in 2006 that we would have a com- fall. There was never any intention of about how the high price of gasoline is monsense energy plan that would bring that bill becoming law. They wanted to

VerDate Aug 31 2005 03:34 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.041 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8322 CONGRESSIONAL RECORD — HOUSE September 17, 2008 give them a chance to say they voted Mr. MCDERMOTT. Madam Speaker, I box, Madam Speaker. We don’t know for drilling when in fact the bill doesn’t reserve the balance of my time. that. provide for additional gas and oil. Mr. WELLER of Illinois. Madam While it’s true that greenhouse gases It’s never going to be passed by the Speaker, I believe I have 5 remaining probably do cause a little bit of global Senate. The Senators, even Democratic minutes; is that correct? warming— Senators, have said the bill is dead on The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The arrival in the Senate. tleman has 5 minutes remaining. time of the gentleman has expired. Another Democrat who was a cospon- Mr. WELLER of Illinois. Madam Mr. WELLER of Illinois. Madam sor of the Peterson-Abercrombie bill Speaker, I yield 3 minutes to the dis- Speaker, I yield the gentleman an addi- who also voted against it was Rep- tinguished gentleman from Georgia tional 15 seconds. resentative STEVE KAGEN, Democrat (Mr. GINGREY). Mr. GINGREY. I mean, these things from Wisconsin. Mr. GINGREY. Madam Speaker, I’d might cause some harm, but how do we Here is a quote from the Herald like to thank the gentleman for yield- know that eventually we might create Times in Wisconsin, 9/13/08. ‘‘Kagen, ing. a country of alcoholics by burning all who signed onto the bill Tuesday, said As I spoke earlier in regard to this of this ethanol in our automobiles? the Abercrombie-Peterson bill ’really bill in support of adoption and adop- People today are starving to death be- is a comprehensive energy policy and a tion week, certainly it’s a great resolu- cause they don’t have jobs, and I think roadmap forward. That bill has the bal- tion that our colleague, Representative that’s the first priority. ance in investing in renewable sources. PORTER from Nevada, brings forward. Let’s get this economy back on It raises royalty (fees) from those who But I, too, wanted to take the oppor- track, and let’s get a decent energy bill are drilling and it doesn’t limit drilling tunity in my few minutes to talk a lit- and do it right now. to four or five States,’ Kagen said.’’ tle bit more about this energy situa- Mr. MCDERMOTT. I continue to re- The headline on that story was ‘‘Con- tion. serve. gress Sitting on An Energy Hot Seat.’’ I think that the problem is that a lot Mr. WELLER of Illinois. Madam Speaker PELOSI has said over and of people in this country—and cer- Speaker, I have no additional speakers, over again that they’re going to create tainly it would appear that the leader- so I will take this opportunity to close. an energy strategy that’s going to ship of this House, Ms. PELOSI, the Madam Speaker, I rise today in favor make it look like vulnerable Demo- Speaker, and the leadership of the Sen- of this resolution authored by my crats are voting on real energy reform ate, the Majority Leader, Mr. REID of friend, JON PORTER, who is a strong ad- without actually doing it. She stated Nevada—are completely convinced that vocate for adoption and foster children that herself. But they went a step fur- fossil fuel is a bad thing and it needs to while serving on the House Ways and ther than that. These people cospon- be stamped out, eliminated; kill that Means Committee. sored a bill and pledged to support it sucker dead as soon as possible. Of course this resolution promotes and then voted against it when given a The quotes that I have heard, I think awareness of adoption and of the chil- chance to do it. Senator REID said, ‘‘Fossil fuel,’’ which Madam Speaker, I would like to in- dren in foster care awaiting loving, includes, of course, coal and petroleum adoptive families. I want to recognize clude in the CONGRESSIONAL RECORD today the list of all 24 Democrats who and natural gas, ‘‘Fossil fuel is poison, all of those parents who have opened were for this bill before they were and we need to get rid of all fossil fuel their hearts and homes to provide a against it. in the good old U.S.A. by the year loving foster home or adopted home for Again, yesterday, though, the House 2020.’’ children. Democrats in charge denied Repub- Madam Speaker, when I asked during In my home State of Illinois, 1,740 licans the opportunity to a full debate, the August recess about whether or not children were adopted from foster care an honest vote on the American En- she would come back and allow some in 2006. Nationwide, 51,000 children ergy Act, the Republican bill that does drilling to obtain our own domestic moved from foster care to adoption do all of the above to help working sources of fossil fuel, she said, ‘‘I want this past year. However, with nearly families and small businesses dealing to save the planet.’’ She hit her fist on 500,000 children in the foster care sys- with record fuel costs. the table and said again, for emphasis, tem and approximately 130,000 of these But this fight is not over. We are ‘‘I want to save the planet.’’ children waiting for a family to adopt going to continue to bring this message A spokesperson for the Sierra Club, them, we have much more work to do. to the American people. It’s important maybe it was the president of the Si- That’s why I’m so pleased that this that the American people know that erra Club, Madam Speaker, said it’s a House is ready to pass this resolution the Democrats are in charge, they are good thing that American people are marking National Adoption Day and the ones responsible for the high gas now having to pay these astronomical National Adoption Month, but it’s also prices, and I hope the American people prices for petroleum. paired with the important bipartisan will hold them responsible this fall. In other words, the idea is this is legislation this House just considered Speaker Pelosi and her leadership team such a horrible thing, this burning of and just voted unanimously to approve have made no bones about their elaborate coal, which, by the way, generates 65 which provides greater incentives to strategy of making it look like vulnerable percent of our electricity, this driving provide loving homes to children in Democrats are voting on real energy reform cars and trucks and using gasoline and need of adoption as well as foster chil- without actually doing it. But these Demo- crats took it a step further: They cospon- diesel fuel in our trains. Literally, our dren in need of a loving home. Again, I sored a bill and pledged to support it and transportation system couldn’t func- want to commend my colleagues for then rejected it when given an up-or-down tion without fossil fuels. that bipartisan effort. vote. Here is a list of all 24 Democrats who Now there may come a day, and I urge all Members to support this were for it before they were against it: Rep. hopefully there will come a day, when resolution, to work with the many Neil Abercrombie (D–HI), Rep. Sanford we will be able to wean ourselves off of dedicated faith-based and other groups Bishop (D–GA), Rep. Dan Boren (D–OK), Rep. fossil fuel and come up with some other in their districts who promote adop- Nancy Boyda (D–KS), Rep. Dennis Cardoza alternatives, alternatives like wind and (D–CA), Rep. Jim Costa (D–CA), Rep. Bud tion, not only in November but every Cramer (D–AL), Rep. Henry Cuellar (D–TX), solar and bio-products and ethanol that month of the year. There can be no Rep. Artur Davis (D–AL), Rep. Lincoln Davis absolutely give us great efficiency for greater gift to a child who has been re- (D–TN), Rep. (D–TN), Rep. Gene our needs, electricity and transpor- moved from his or her own parents Green (D–TX), Rep. (D–IL), Rep. tation, and cause us absolutely no than to find new, loving, adoptive par- Baron Hill (D–IN), Rep. Sheila Jackson-Lee harm and that we have a tremendous ents who want to care for him or her as (D–TX), Rep. William Jefferson (D–LA), Rep. abundance of all of these alternatives their own. Steve Kagen (D–WI), Rep. (D– and renewables so that we’re not de- Madam Speaker, I urge bipartisan PA), Rep. Charlie Melancon (D–LA), Rep. Patrick Murphy (D–PA), Rep. Solomon Ortiz pendent on anybody. That is kind of a support for this important resolution (D–TX), Rep. Collin Peterson (D–MN), Rep. euphoria, and hopefully it will one day offered by my friend and colleague, JON Ciro Rodriguez (D–TX), Rep. Mike Ross (D– occur. But we don’t know for sure that PORTER of Nevada. AR). it might not be opening up Pandora’s I yield back the balance of my time.

VerDate Aug 31 2005 05:37 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.042 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8323 b 1345 renewable energy in this country that knows. But we didn’t drill a single bit, Mr. MCDERMOTT. Madam Speaker, needs to be done. and yet the gasoline prices came down. may I inquire as to how much time is Now, by contrast, the Boehner bill So what is it that makes them go up remaining. that was brought out here had no pay- and what makes them go down? The SPEAKER pro tempore. The gen- ment for anything, just increase the Nothing in this bill from Mr. tleman from Washington has 11 min- national debt. That is the Republican BOEHNER has anything whatsoever to utes remaining. plan for this country: Do whatever you say about speculation or about oil com- Mr. MCDERMOTT. Madam Speaker, want, spend whatever you want, drive pany profits, not one single word. All it has been a pleasure to work with Mr. up the national debt, and leave it for he says is, open it up, let them drill WELLER on these two bills and this res- these foster kids and these adopted anywhere they want. Let them go and olution through the Congress. And cer- kids. They’re going to pay for it. Most sink a drill. In fact, we got some votes tainly I have enjoyed working with of the Members in here will be dead be- out of the Republicans because they ac- him and have never felt that any cour- fore we get anywhere near paying for tually were drilling in places where the tesy I’ve extended him has been any- the debt that’s been driven up by this military said this kind of creates a thing but reciprocal in our dealings. Congress. And yesterday’s oil bill was problem, please don’t drill there; don’t However, there has been on the floor just more of the same. let that area be open for drilling. here some discussion of some extra- Now, the other part of it that’s really And so when people come out here neous material that I struggle to hear sort of interesting, our bill required ac- and stand out here and say over and how the connection was to adoption tually using the leases that they al- over again, ‘‘we have to drill, drill, subsidies or options or foster kids, but ready have, sort of ‘‘use it or lose it.’’ drill, drill, drill, that’s going to fix it I’m sure there was one someplace They have millions of acres under all,’’ they haven’t looked at our bill. there—all the speakers at least men- lease, but they want to get something Now, the Senate is over there, and tioned it sort of in passing and then more out there somewhere, I don’t they’re going to send us over a bill here went on to talk about energy. know. If you go out 50 miles off the shortly to extend the tax credits on Now, as these adoptive parents, many coast of California and Washington wind and on solar and on geothermal of them ordinary folks, want to drive State, you’re at about 10,000 feet. If you because they know that renewable en- down to get the child at the adoption think you’re going to drill for oil out ergy is the way this country has to go. agency, they’re going to have to buy there, you have never been on the West We are not going to solve our problem gasoline. And gasoline has gotten out coast of this country and looked at by drilling inside the Continental Shelf of control. Lots of people want to what we have for an ocean. of the United States. blame oil companies or speculators or So, this business about ‘‘drill, drill, If the President wanted to bring gas a lot of other things. And the question drill, oh, good, drill, drill, drill,’’ it prices down, all he would have to do is is, do you really want to help those makes a nice slogan, probably goes on release some of the oil out of the oil re- people? a bumper strip pretty well, but the serve. We’ve got millions of gallons of Now, there is going to be a stimulus basic assumption behind that bumper gasoline sitting out there. And if the package coming out. And if we put gas strip is that the American people are market truly is what we say it is, if stamps in it—the average person under stupid. It seems like the Republican there is more supply, then the price 300 percent of poverty will spend $1,000 Party thinks that the American people should come down. Well, dump some of more a year for gasoline, so if we gave are stupid, and if they can just get into that reserve out onto the market. It them gas stamps like we give them chanting, ‘‘drill, drill, drill, drill, drill, was done once before and gasoline food stamps for $500, we could cut that drill,’’ that somehow the price of gaso- dropped about 15 cents a gallon, but price in half. And I hope that all my line will come down. I don’t know if not under this President. They want to colleagues on the other side, if that that is some kind of a mantra, maybe keep it up there and keep talking happens to be in the stimulus package, it’s some kind of magical thing they about drilling because this administra- will consider voting for it this time. got from a witch doctor somewhere. tion has been an oil administration There is a question in my mind, how- But drilling everywhere is not going to from the very first week. When the ever, about the description of what bring down the price of gasoline. Vice President of the United States went on last night. It’s as though the We’ve seen in the last month gasoline had in his office a great conference Democrats didn’t propose anything. go from $150 a barrel down to wherever with all the oil people in this country It’s as though we just sort of walked it is today, somewhere below $100. And and has kept secret for 8 solid years around and fiddled around and looked has gasoline dropped by 33 percent? Is what was decided there, you have to at the sky. But, in fact, there was a gasoline down to $3 or down to $2.70? wonder about what’s happened to this very good proposal here on the floor. And why did it come down? Because we country and the average taxpayer and There was money for renewable energy drilled? No. Because the speculators the average person in this society. standards. There was money for stra- got worried. The speculators got wor- So we’re here today to deal with a tegic energy reserve to be invested in ried that Americans were getting few problems of some kids. And I really renewable energy. There was royalty smart and they were figuring ways to appreciate the efforts that have gone in reform. Can you believe that the oil get around without using gasoline. And by the bipartisan support on the com- companies never give any money to the so consumption has come down in this mittee. And I don’t really like to get Federal Government? country, and suddenly the speculators out here and talk like this, but you And this bill last night said, look, we are really worried. just can’t stand here or sit here and lis- want to repeal the tax subsidies and What if the American people don’t do ten to that baloney without ultimately make the oil companies pay their fair what we expect them to do? What if saying, do they really care, or is it just share for drilling on public lands. Now, they don’t buy big gas guzzlers any- about winning an election? Is it look- that’s land that belongs to you and me more? They buy cars that get 35–40 ing for a bumper strip that will work and the foster kids and the children miles per gallon. I drove from my and that the American people will hear who are being adopted. But the oil house in Seattle to Spokane for the ‘‘drill, drill, drill’’? companies have some idea that they State convention, over the Cascade They’re going to do it all day long. don’t think they should have to pay Mountains, over 5,000-foot peaks, and Every single suspension bill has 20 min- any royalty when they suck the oil out you know what? I got 49.5 miles per utes on each side. So on the Republican and then sell it to us at four bucks a gallon. side, we’re going to be treated to the gallon. Now, that seems like a good Now, the oil companies are really same litany. It will be different people, proposal. worried that a lot of people are going I hope. I mean, I don’t want the same We also paid for the bill last night by to start doing that, and so the specula- person coming out here. They’re prob- taking $18 billion that was allowed in a tion on where the price of oil is going ably lined up somewhere back in the loophole several years ago. We closed to be started coming down. But it cloak room getting ready to come out that loophole and said we’re going to didn’t affect anything at the pump— on the next bill. But the fact is the use it to do the future development of maybe 10 cents, maybe five cents, who American people aren’t stupid.

VerDate Aug 31 2005 05:37 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.044 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8324 CONGRESSIONAL RECORD — HOUSE September 17, 2008 I was saying to my staff as we were ized until the child is 18, so that income will Vine Street in New Lenox, Illinois, shall be listening to this, can you imagine not be a barrier to becoming a parent to a fos- known and designated as the ‘‘Jacob M. Low- grandma or mom or a father who is out ter child who needs to belong to a family. ell Post Office Building’’. of work? I mean, unemployment in this (b) REFERENCES.—Any reference in a law, Passing H.R. 1432 is essential for Congress map, regulation, document, paper, or other country is now over 6 percent; it’s gone to demonstrate their support for placing chil- record of the United States to the facility re- up. You’ve got banks crashing all over dren in safe and positive family environments. ferred to in subsection (a) shall be deemed to the place; you’ve got the Federal Gov- The first National Adoption Day was in the be a reference to the ‘‘Jacob M. Lowell Post ernment putting $85 billion into trying year 2000; since then, 20,000 children have Office Building’’. to save AIG, and you’re talking about joined families during National Adoption Day, The SPEAKER pro tempore. Pursu- ‘‘drill, drill, drill.’’ and in 2006, adoptions were finalized for over ant to the rule, the gentleman from Il- Ms. JACKSON-LEE of Texas. Madam 3,300 children through more than 250 National linois (Mr. DAVIS) and the gentle- Speaker, I stand here today in support of H.R. Adoption Day events in all 50 States, the Dis- woman from North Carolina (Ms. FOXX) 1432, ‘‘Supporting the Goals and Ideals of Na- trict of Columbia, and Puerto Rico. each will control 20 minutes. tional Adoption Day and National Adoption We must continue to take stride to reach out The Chair recognizes the gentleman Month by Promoting National Awareness of and do our best to encourage safe, positive from Illinois. Adoption and the Children in Foster Care environment for the children of the United GENERAL LEAVE Awaiting Families, Celebrating Children and States. This resolution will enhance the sup- Mr. DAVIS of Illinois. Madam Speak- Families Involved in Adoption, Recognizing port for successful adoptions and their support er, I ask unanimous consent that all Current Programs and Efforts Designed to for National Adoption Month in November. Members may have 5 legislative days Promote Adoption, and Encouraging People in When orphaned children are placed in a posi- in which to revise and extend their re- the United States to Seek Improved Safety, tive, encouraging, and permanent family envi- marks. Permanency, and Well-Being for All Children’’ ronment, they are in a situation where they The SPEAKER pro tempore. Is there introduced by Congressman PORTER. can grow and experience life in a non-threat- objection to the request of the gen- The fundamental purpose of adoption is to ening way. Adoption is something that benefits tleman from Illinois? serve the best interests of children. It does so the entire Nation as our children are given There was no objection. by providing loving, responsible, and legally places where they can feel secure. Mr. DAVIS of Illinois. Madam Speak- permanent parents when their biological par- I firmly believe that we must pass this legis- er, I now yield myself such time as I ents cannot or will not parent them. Serving lation to demonstrate our support for Adoption may consume. the best interests of children should be para- and National Adoption month. This legislation Madam Speaker, as a member of the mount in deciding all issues of adoption policy will enable us to promote healthy and safe House Committee on Oversight and and practice. adoptions and celebrate the successful adop- Government Reform, I stand with my Adoption is healthy, satisfying, and good for tions that ensure the well-being of children. colleagues from my home State of Illi- children, not an enduring challenge to identity Mr. McDERMOTT. I urge my col- nois in consideration of H.R. 6681, and wholeness. The children may have addi- leagues to vote ‘‘yes’’ on this resolu- which renames the postal facility in tional questions and curiosities to sort out, but tion. New Lenox, Illinois, in honor of Jacob adoption is not a psychological burden or pa- The SPEAKER pro tempore. The M. Lowell. thology as some theorists treat it. Adoption is question is on the motion offered by H.R. 6681 enjoys the support of the the way one joined one’s family, not a defining the gentleman from Washington (Mr. entire House congressional delegation characteristic or lifelong process. Persons MCDERMOTT) that the House suspend from Illinois and was introduced by adopted as infants grow up as healthy and the rules and agree to the resolution, Representative JERRY WELLER back on productive as people raised in their biological H. Res. 1432. July 30, 2008. The measure was taken families. To the extent there can be a greater The question was taken. up by the Oversight Committee on Sep- risk of emotional or behavioral problems for The SPEAKER pro tempore. In the tember 10, 2008 and was passed by the children adopted out of foster care at later opinion of the Chair, two-thirds being panel by a voice vote. ages, the correlation is not the result of being in the affirmative, the ayes have it. H.R. 6681 calls for honoring Jacob M. adopted, but rather of difficulties experienced Mr. WELLER of Illinois. Madam Lowell’s service to this country. Jacob prior to adoption, such as neglect or abuse. Speaker, I object to the vote on the M. Lowell of New Lenox, Illinois, was The vast majority of foster children make the ground that a quorum is not present assigned to the 1st Battalion, 503rd In- transition into their adoptive families and grow and make the point of order that a fantry Regiment (Air Assault), 173rd up very successfully. quorum is not present. Airborne Brigade, Camp Ederle, Italy, Today, in the United States there are The SPEAKER pro tempore. Pursu- when he died on June 2 near 500,000 children in the foster care system and ant to clause 8 of rule XX and the Gowardesh, Afghanistan. He died of of those children, there are 129,000 waiting for Chair’s prior announcement, further wounds suffered when his unit came families to adopt them. The number of youth proceedings on this motion will be into contact with enemy forces using a who ‘‘age out’’ of the foster care system by postponed. rocket-propelled grenade and small reaching adulthood without being placed in a The point of no quorum is considered arms fire. This heroic son of Illinois permanent home has increased by more than withdrawn. was just 22 years old when he passed 58 percent since 1998, as nearly 27,000 foster f away. youth ‘‘aged out’’ of foster care during 2007 Army Specialist Lowell played foot- JACOB M. LOWELL POST OFFICE which is appalling and unacceptable. In addi- ball for Lincoln-Way Central High BUILDING tion, 3 in 10 people in the United States have School in New Lenox, Illinois. considered adoption; a majority of them have Mr. DAVIS of Illinois. Madam Speak- b 1400 misconceptions about the process of adopting er, I move to suspend the rules and children from foster care. Many Americans, pass the bill (H.R. 6681) to designate He graduated in 2003 and 2 years later approximately 45 percent believe that children the facility of the United States Postal enlisted in the Army. According to his enter the foster care system because of juve- Service located at 300 Vine Street in family, Jacob joined the Army because nile delinquency. The reality of the matter is New Lenox, Illinois, as the ‘‘Jacob M. he wanted to serve his country. that the vast majority of children in the foster Lowell Post Office Building’’. Madam Speaker, in honor of Jacob care system were victims of neglect, abandon- The Clerk read the title of the bill. M. Lowell’s service, I urge that we pass ment, or abuse. Furthermore, almost half of The text of the bill is as follows: without reservation H.R. 6681 and re- the American population believes that foster H.R. 6681 name the postal facility on Vine Street care adoption is expensive and are not aware in New Lenox, Illinois, after this great Be it enacted by the Senate and House of Rep- of the fact that there is no substantial cost for resentatives of the United States of America in American serviceman. adopting children from foster care. Moreover, Congress assembled, I reserve the balance of my time. financial support in the form of an adoption as- SECTION 1. JACOB M. LOWELL POST OFFICE Ms. FOXX. Madam Speaker, I yield sistance subsidy is available to adoptive fami- BUILDING. myself such time as I may consume. lies of eligible children adopted from foster (a) DESIGNATION.—The facility of the Madam Speaker, I rise this afternoon to pay care and continues after the adoption is final- United States Postal Service located at 300 tribute to a remarkable American and true

VerDate Aug 31 2005 05:37 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4634 Sfmt 9920 E:\CR\FM\K17SE7.045 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8325 hero, Army Specialist Jacob Michael Lowell, by shouting ‘‘Go Bears’’ at nearly any The question was taken. from New Lenox, Illinois. time. The SPEAKER pro tempore. In the It was June 2, 2007, and he was on his first On June 2, 2007, Jacob Lowell hero- opinion of the Chair, two-thirds being patrol of his first tour in Afghanistan with the ically defended his convoy. And as his in the affirmative, the ayes have it. 173rd Airborne Brigade, working as a gunner company commander said, he did his Ms. FOXX. Madam Speaker, I object when his Humvee was ambushed. To the sur- duty all the way up until the end. After to the vote on the ground that a prise of no one who knew him, Jacob moved already having been hit by small arms quorum is not present and make the immediately to protect his comrades but was fire and facing enemies using rocket- point of order that a quorum is not shot and killed. Jacob Michael Lowell was 22. propelled grenades, Specialist Lowell present. Madam Speaker, it is appropriate that we manned a 50-caliber machine gun in de- The SPEAKER pro tempore. Pursu- rename the post office in his home town in his fense of many members of his platoon. ant to clause 8 of rule XX and the honor. It will serve as a reminder to those who The wounds he suffered proved to be Chair’s prior announcement, further loved him of his courage and to those who fatal to Specialist Lowell, but they proceedings on this motion will be come after him of his character and dedication were not enough to keep him from postponed. to his country and fellow citizens. doing his heroic duty. Those present The point of no quorum is considered Army Specialist Lowell was a 2003 graduate that day credit Jacob with saving lives. withdrawn. Hearing such actions reminds us just of Lincoln-Way Central High School where he f played on the offensive line for the school’s how brave our men and women in uni- football team. He was one of those ‘‘110 per- form are. MAYOR WILLIAM ‘‘BILL’’ cent guys’’ who always gave all he had and Lowell was awarded the Bronze Star SANDBERG POST OFFICE BUILD- more. with ‘‘V’’ for valor and the Combat In- ING From there, he went to college at Saint Xa- fantryman’s Badge for his actions dur- Mr. DAVIS of Illinois. Madam Speak- vier University and from there, in 2005, he en- ing the firefight, and on May 12, 2008, er, I move to suspend the rules and listed in the Army. He was assigned to the his fellow soldiers renamed a combat pass the bill (H.R. 6229) to designate 173rd Airborne in Vicenzia, Italy. It was there outpost in Nuristan Province after the facility of the United States Postal he learned to love to jump form planes. He their beloved, fallen comrade. Service located at 2523 7th Avenue East would call home to Illinois and tell his friends Local veterans have always reminded in North Saint Paul, Minnesota, as the and family when and where he would take his me that it’s important to honor our ‘‘Mayor William ‘Bill’ Sandberg Post soldiers and veterans each and every next jump. Office Building’’. He was a man who loved doing his job, day. By naming the New Lenox Post The Clerk read the title of the bill. serving his country and protecting the freedom Office after Jacob, we effectively honor The text of the bill is as follows: we hold dear. And that’s why I urge all mem- all of them. It should be in the hearts and minds of all those who visit this H.R. 6229 bers to support this resolution. Be it enacted by the Senate and House of Rep- Madam Speaker, we are here this post office that heroes like Jacob both founded our Nation and stand ready to resentatives of the United States of America in afternoon to pay tribute to a remark- Congress assembled, able American and true hero, Army protect it each and every day. Our sincerest thanks to Specialist SECTION 1. MAYOR WILLIAM ‘‘BILL’’ SANDBERG Specialist Jacob Michael Lowell from POST OFFICE BUILDING. Lowell and to his family, and the honor New Lenox, Illinois. And to do that, I (a) DESIGNATION.—The facility of the of renaming this post office could yield such time as he may consume to United States Postal Service located at 2523 never match the gift which Jacob has my distinguished colleague from the 7th Avenue East in North Saint Paul, Min- given our Nation. This honor merely State of Illinois, the author of this bill, nesota, shall be known and designated as the represents that we should never forget ‘‘Mayor William ‘Bill’ Sandberg Post Office Mr. WELLER. the sacrifice which he and all who have Building’’. Mr. WELLER of Illinois. Madam sacrificed their lives serving our Na- (b) REFERENCES.—Any reference in a law, Speaker, I rise today in strong support tion have made for each and every one map, regulation, document, paper, or other of H.R. 6681, legislation I introduced in of us. record of the United States to the facility re- honor of Jacob M. Lowell to name the I know that we will all keep the fam- ferred to in subsection (a) shall be deemed to be a reference to the ‘‘Mayor William ‘Bill’ New Lenox Post Office in his honor. I ily of Specialist Lowell and those of his also want to thank Chairman WAXMAN, Sandberg Post Office Building’’. fallen comrades in our prayers. I ask The SPEAKER pro tempore. Pursu- Ranking Member TOM DAVIS, my very again that you will join me in honoring good friend, Chairman DANNY DAVIS, a ant to the rule, the gentleman from Il- and remembering this extraordinary linois (Mr. DAVIS) and the gentle- member of our Illinois delegation, as man whose heroism exemplifies every- well as Ranking Member KENNY woman from North Carolina (Ms. FOXX) thing that America stands for, and I each will control 20 minutes. MARCHANT for their support and assist- ask you to support H.R. 6681, the Jacob ance today. The Chair recognizes the gentleman Lowell New Lenox Post Office Designa- from Illinois. Army Specialist Jacob Michael Low- tion Act. ell is a national hero who gave his life In closing, I would like to thank Jo- GENERAL LEAVE for his country on June 2, 2007, near seph Eannello for his hard work on this Mr. DAVIS of Illinois. Madam Speak- Gowardesh, Afghanistan, while serving legislation and for his work in my of- er, I ask unanimous consent that all in Operation Enduring Freedom. Today fice over the past 2 years. He has been Members may have 5 legislative days the House will be voting on legislation an asset in my office and done excel- in which to revise and extend their re- I introduced with the cosponsorship of lent work for the people of the 11th marks. the entire Illinois delegation which Congressional District of Illinois. The SPEAKER pro tempore. Is there will designate the New Lenox Post Of- Madam Speaker, I urge bipartisan objection to the request of the gen- fice the ‘‘Jacob M. Lowell New Lenox support of this important legislation to tleman from Illinois? Post Office Building.’’ I urge my col- honor someone who has sacrificed for There was no objection. leagues to support this legislation. our freedoms. Mr. DAVIS of Illinois. Madam Speak- Army Specialist Jacob Lowell of New Ms. FOXX. Madam Speaker, I urge er, I yield such time as she may con- Lenox, Illinois, graduated from Lin- all Members to support the passage of sume to Representative MCCOLLUM of coln-Way Central High School in 2003. H.R. 6681, and I yield back the balance Minnesota. He attended St. Xavier University be- of my time. Ms. MCCOLLUM of Minnesota. fore heeding the call to serve his coun- Mr. DAVIS of Illinois. Madam Speak- Madam Speaker, I rise in strong sup- try and enlist in the Army in 2005. Spe- er, I yield back the balance of my time, port of H.R. 6229, which names the post cialist Lowell was assigned to the 1st and I urge passage. office located at 2523 Seventh Avenue Battalion, 503rd Infantry Regiment The SPEAKER pro tempore. The East in North St. Paul, Minnesota, (Air Assault), 173rd Airborne Brigade, question is on the motion offered by after the late William ‘‘Bill’’ Sandberg, Camp Ederle, Italy. He is remembered the gentleman from Illinois (Mr. the longtime mayor of North St. Paul. by his fellow soldiers for being an avid DAVIS) that the House suspend the I want to thank the Oversight and football fan and expressing his support rules and pass the bill, H.R. 6681. Government Reform Committee for

VerDate Aug 31 2005 03:46 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.041 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8326 CONGRESSIONAL RECORD — HOUSE September 17, 2008 bringing this bill to the floor. I also Madam Speaker, I greatly appreciate name the post office in North St. Paul, want to thank my colleagues in the the support of my colleagues for this Minnesota, in honor of former Mayor Minnesota delegation for their support legislation. At the time of his death, William ‘‘Bill’’ Sandberg. Mayor as original cosponsors of this bill. Mayor Sandberg was the longest serv- Sandberg died April 20 at the age of 76 Naming a post office in honor of Bill ing mayor in Minnesota history. His after serving for more than 30 years as Sandberg is a fitting tribute to a dedi- spirit and service are irreplaceable. For mayor of his beloved hometown. cated public servant, a successful busi- all who knew and worked with him, the He graduated in 1950 from North St. nessman and a wonderful human being. blessing of his friendship was a treas- Paul High School where he played foot- Bill was loved by the residents of North ure for us all. Recognizing Mayor ball and hockey and from the Univer- St. Paul. He was also my dear friend Sandberg’s service and leadership by sity of Minnesota in 1954 with a degree and political mentor. A committed Re- naming this post office in his honor is in mortuary science. After serving his publican, Mayor Sandberg took me a fitting tribute to a man who gave so country in the Army, Mayor Sandberg under his wing and instilled in me the much to a community he loved. returned to North St. Paul and became lesson that community always comes DEAR CITIZEN, As many of you know, I was a director at his family’s business, the before politics. recently diagnosed with acute leukemia. And Sandberg Funeral Home. William Sandberg was born in the as many of you who have had similar, life-al- He became mayor in 1978 and began a Selby-Grand Avenue neighborhood of tering diagnoses also know, such an evalua- career known for character, person- St. Paul in 1932. His family later moved tion makes one stop and reflect on what is ality, fairness and decorum. Described to North St. Paul where he lived the really important. by fellow members of the City Council remainder of his life. Bill graduated Since this is my 30th year serving as your as a ‘‘problem solver who could get from North St. Paul High School and mayor, it is undeniable that you residents people to think in different ways,’’ he the University of Minnesota. After and this town have been significant in my made a point of never coming into a life. I have written to you many times about serving our country with honor in the how I appreciate the friendliness of residents meeting with his mind made up. He U.S. Army, he returned home to the and cooperation among residents, businesses, also made a point of putting people at family business, Sandberg Funeral the school district and the city. As I think ease when they came to testify before Home, with his brother Paul. As a fu- back, there have been many changes, none of the council and for keeping debates fo- neral director he was respected by his which would have been successful without cused on the issues at hand, not person- peers. He was a true business leader. this cooperation. alities. In 1978, the voters in North St. Paul Remember when McKnight Fields were This openness, this credibility, this elected Bill Sandberg to serve as under renovation in the early ’90s? Local unflinching optimism brought citizens mayor. With a fatherly hand he guided service clubs provided funding for a majority together even when his ideas didn’t the city for 30 years, sharing his of the work, businesses donated materials, enjoy universal support. Among his city crews provided the labor. And after the warmth, his optimism and his generous work was done, the city and school district greatest legacies will be his insistence spirit with everyone he encountered. A entered a cooperative agreement for allow- that Highway 36 run through the cen- person of great faith, Bill always ing the schools to use the fields. ter of North St. Paul. Some feared the sought to bring people together in con- I admit we residents haven’t always agreed increased traffic would bring nothing structive ways to solve the problems of on everything. For example, there were vary- but pollution and gridlock. But Mayor our community. As a mayor, Bill ing opinions on where the new high school Sandberg insisted that thousands of Sandberg’s legacy is one of exemplary should be located. But as soon as the school commuters would visit the city’s down- public service, distinguished by com- opened (in the fall of 1997), we put our dif- town area who otherwise never would ferences behind us and reunited as a commu- mon sense, fairness and compassion. nity. know it existed. This championing of I was honored to serve under his lead- I’d like to take credit for the many all things North St. Paul permeated ev- ership on the North St. Paul City changes that have taken place through the erything the mayor did. He considered Council and work closely with him in years, but I’m quickly reminded that my attendance at local high school hockey the following years. I learned from pride must be directed to you. It was you games and Chamber of Commerce Bill’s leadership that the political citizens who recognized the safety issues in meetings as important as attending maxim, ‘‘all politics are local’’ was our police and fire departments plus crowded council meetings. He encouraged oth- true. It’s true whether you serve on a administrative conditions that resulted in ers to participate in council activities city council or in Congress. construction of our new city hall. It was you and worked tirelessly to connect citi- citizens who supported construction of our Mayor Bill Sandberg passed away on zens to their government. April 20, 2008. He left behind colleagues, community center. It was you who, through the years, have backed the expansion and The city already has begun to honor city staff and constituents who loved construction of public works facilities and its beloved former mayor by renaming him. He left behind a loving family who park improvements. a bridge in his honor. Let us join in will miss him, his daughter, Karen; And it was the volunteer efforts of you this celebration of an exemplary public son-in-law, Jack; and his grand- citizens that have certainly contributed to servant, support this resolution and re- children, Carolyn and William. Bill’s our town being a beautiful place to live. name the local post office in his honor. wife, Delores, whom he loved pro- Back in the early ’90s we started the Take Mr. Speaker, with that, I reserve the foundly, preceded him in death. Pride program, recognizing residents for im- balance of my time. Mayor Sandberg loved the people he provements they were making in their yards Mr. DAVIS of Illinois. Mr. Speaker, I served. Upon learning about his leu- and gardens. And what about all the volun- yield myself such time as I might con- teers who have helped through the years kemia diagnosis, he wrote a letter to with North St. Paul Green? I remember get- sume. the residents of North St. Paul. His let- ting a letter from a Maplewood resident who Mr. Speaker, on behalf of the House ter speaks volumes about the great commended the city for its beautification ef- Committee on Oversight and Govern- leader he was. In this letter, Bill ac- forts. She said she’d go out of her way to ment Reform, I present for consider- knowledged his illness. He expressed drive through our downtown just to see the ation and support H.R. 6229, which his pride for the community of North flowers! The efforts of our North St. Paul names a postal facility in North St. St. Paul and a pride that came directly Green volunteers were also recognized by the Paul, Minnesota, after Mayor William from neighbors coming together to Midwest Living Magazine, which named ‘‘Bill’’ Sandberg. H.R. 6229 was intro- meet the city’s challenges. Bill also North St. Paul one of 20 Midwestern cities duced by Representative BETTY MCCOL- with ‘‘hometown pride.’’ LUM on June 10, 2008, and was reported wrote of his sincere gratitude for hav- As I close this letter, I’d like to thank ev- ing the opportunity to serve the people eryone, again, for making this town a very from the Oversight Committee on July of his city for so many years. special place to live and raise families. I do 16, 2008, by voice vote. The measure has I would like to conclude with Bill’s not know what the future holds, but I do been cosponsored by the entire Min- words to the people of North St. Paul: know Who holds the future! nesota House delegation and pays trib- ‘‘I would like to thank everyone God bless you all, ute to one of the State’s most well again for making this town a very spe- BILL SANDBERG, known public officials. cial place to live and raise families. I Mayor. William ‘‘Bill’’ Sandberg was a long- do not know what the future holds, but Ms. FOXX. Madam Speaker, I rise time resident of North St. Paul, Min- I do know Who holds the future.’’ today in support of H.R. 6229, to re- nesota, who served his beloved city as

VerDate Aug 31 2005 05:37 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.051 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8327 mayor for 30 years until his death on amendment or without serious consid- Speaker, the Democratic majority did April 20, 2008. eration in the Congress. So I won’t move on their energy policy about fault members of the media, who didn’t b 1415 drilling. They went from a drill-noth- understand that the drill-nothing Dem- ing Democrat Congress to a drill-al- First elected in 1978, Mayor Sandberg ocrat Congress actually only moved to most-nothing Democratic Congress. was reelected seven times. Known for a position that was the drill-almost- his good sense of humor, Mayor nothing Democrat Congress. And last night, most sadly, they Sandberg once joked that the reason he But this legislation, despite the head- passed on an opportunity that some 40 kept getting reelected was simply be- lines, is a story worth telling. For the Democrats had been working tirelessly cause no one else wanted the job. past 20 months, until last week, the to develop, legislation coauthored by As mayor, Mr. Sandberg earned a Democrat majority in Congress made Congressman ABERCROMBIE and Con- reputation for his ability to bring peo- one thing more clear than anything gressman PETERSON that is a truly bi- ple together by his warm, personable else; there would never be a vote on partisan solution. I was a cosponsor of style. During the controversial meet- more domestic drilling in America. the bill myself. Dozens upon dozens of ing of the North St. Paul City Council, Speaker NANCY PELOSI repeated her Republicans joined us in the bill, as Mayor Sandberg once remarked that personal and historic opposition to well as I believe 40 Democrat Members ‘‘we were friends before the meeting, drilling and said that she would never of Congress. and while we may not agree on this, we permit a vote. And they adjourned on When it came time for the Repub- will be friends when we walk out.’’ He August 1, turned off the cameras and licans to offer their alternative, quite exhibited this same unique ability in turned off the lights. bringing people together when he suc- But Republicans refused to leave. We frankly, we could have played some cessfully solved divisive issues, such as held this floor during the entirety of sort of a game, but we think that the the reconstruction of Highway 36. the August recess, and during that American people are struggling under Before assuming the position of time the Democrat majority changed the weight of record gasoline prices. mayor, Bill Sandberg served in the their position. In a very real sense, Families are hurting, seniors are hurt- United States Army during the 1950s. millions of Americans contacted their ing, and this was not time for political He then went on to a successful busi- Members of Congress and said we want posturing or games. So we brought the ness career, joining his parents’ funeral more access to American oil. We want bipartisan bill to the floor as our alter- home business in St. Paul and White Congress to come together and com- native. Bear Lake, Minnesota. promise on conservation, fuel effi- Strangely, unless I can be corrected, So, Mr. Speaker, given Mayor ciency, solar, wind, nuclear, an all-of- only 13 of the Democrats out of the the-above strategy. But we want a bill Sandberg’s commitment to his commu- some 40 who cosponsored the bill voted that allows us to drill into our domes- nity, his State and to our country, I for it. It was a true bipartisan bill that tic resources. And, to their credit, the urge swift passage of this bill. had been fashioned through tough bi- Democratic majority relented in their Mr. Speaker, I reserve the balance of partisan negotiation over months of my time. historic opposition to drilling. But the bill that came to the floor time, and it was rejected by many of Ms. FOXX. Mr. Speaker, I yield such the same Democrats who had worked time as he may consume to my distin- abruptly and was just as abruptly to build the legislation. guished colleague, the gentleman from passed last night failed in many the Indiana (Mr. PENCE). counts. Not only did it bring with it an We missed an opportunity last night, (Mr. PENCE asked and was given per- enormous tax increase, not only did it Mr. Speaker, to truly do something for mission to revise and extend his re- bring with it no opportunity for new the American people, to do something, marks.) refineries, no opportunity for nuclear as Daniel Webster says on words on Mr. PENCE. Mr. Speaker, I thank the energy development and other powerful these walls, to do something worthy to gentlewoman from North Carolina. alternatives, but also this bill truly be remembered. Let me say I rise in support of H.R. brought with it very little, if any, op- portunity to drill into our own domes- So I rise today to pay sincere tribute 6229, honoring the life and the work to Mayor William ‘‘Bill’’ Sandberg. I and memory of Mayor William ‘‘Bill’’ tic reserves. The bill seems to allow drilling, but am confident that this tribute on this Sandberg of St. Paul, Minnesota. I be- not within 50 miles of shore. Most ex- Post Office is altogether fitting. lieve, given the tenure of his career and perts say that 88 percent of our domes- the durability of his reputation, we can But I also rise to just simply express tic reserves are within 50 miles of the assume in both parties that Mayor my frustration that, at a time when we shoreline of the east coast and the west Sandberg was a man at the local level hear about one bailout after another, coast and the eastern Gulf. Beyond that attended himself to what people this Democrat majority passed an en- that, the Democrat bill that passed were really dealing with and he pro- ergy bill last night that Democrat Sen- last night would allow drilling, but vided leadership. ator MARY LANDRIEU even said was only if States vote by referendum or in And it is about just that focus that I ‘‘dead on arrival in the Senate.’’ We ac- their legislature to permit the drilling. complished nothing to set this Nation also wanted to rise, Mr. Speaker, That sounds reasonable enough. But today. Because I rise this afternoon, I what is not reasonable is the Demo- on a course of energy independence. think with millions of Americans, sim- cratic bill, unlike current law for Gulf So our message is very simple: We ply to express my frustration, that States that allow drilling, the Demo- are not going away. We are going to after only one day of debate, late in the cratic bill offered States no revenue fight on this floor in every moment night last night, this Congress again whatsoever. So people in South Caro- that we have left, in the waning days of failed to pass a bipartisan bill that lina, people in California, would pre- this Congress and in the weeks pre- would set us on a course for energy sumably have to decide for themselves ceding our national election, to de- independence in the 21st century. or their elected representatives decide mand that this Congress roll our I must tell you that it was equally to allow drilling off of their shore if it sleeves up and seek that bipartisan frustrating today to awaken and see meant nothing financially to their consensus that does exist. headlines around the country that say State coffers. ‘‘Congress eases restrictions on drill- Also there was a failure to provide Let me say from my heart, I truly be- ing.’’ But I don’t want to be critical of any streamlined judicial review or liti- lieve that there is a bipartisan major- my friends in the Fourth Estate. This gation reform, leaving any drilling ity in this Congress that would say yes bill was revealed to the world 24 hours that would be allowed beyond the 50 to conservation, yes to fuel efficiency, before it was voted. It was written in mile limit to be tied up immediately in yes to solar, wind and nuclear, and the back rooms here in the Capitol, not court, as hundreds and hundreds of would say yes to a substantial increase considered by committees, but brought leases are tied up today. in domestic drilling that was real and to the floor abruptly the night before So that is why I say, and I attempt to significant and would lessen our de- last and just as abruptly voted without be intellectually honest about this, Mr. pendence on foreign oil.

VerDate Aug 31 2005 06:33 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.052 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8328 CONGRESSIONAL RECORD — HOUSE September 17, 2008 So Republicans are going to stay in The Chair recognizes the gentleman Ms. FOXX. Mr. Speaker, I yield my- this fight. Bailouts for corporate Amer- from Illinois. self such time as I may consume. ica, but no relief for our citizens strug- GENERAL LEAVE Mr. Speaker, I rise today in support gling under the record weight of gaso- Mr. DAVIS of Illinois. Mr. Speaker, I of this bill to designate the facility of line prices is not acceptable to Repub- ask unanimous consent that all Mem- the United States Postal Service lo- licans in this Congress. We will stay on bers may have 5 legislative days in cated at 4233 West Hillsboro Boulevard this floor. We will continue in this which to revise and extend their re- Coconut Creek, Florida, as the Army fight. We are not going away until the marks. SPC Daniel Agami Post Office Build- American people have a bipartisan The SPEAKER pro tempore. Is there ing. strategy that sets us on a short-term objection to the request of the gen- b 1430 course to lessen our dependence on for- tleman from Illinois? United States Army Specialist Dan- eign oil and on a long-term course for There was no objection. iel J. Agami was, in the words of his energy independence in the 21st cen- Mr. DAVIS of Illinois. Mr. Speaker, I grandmother, ‘‘the best of the best.’’ tury. yield such time as he may consume to Mr. DAVIS of Illinois. Mr. Speaker, I the gentleman from Florida (Mr. He was much more than a soldier. He reserve the balance of my time. KLEIN), who introduced this legisla- was a leader, a selfless patriot, and a Ms. FOXX. Mr. Speaker, I urge all tion. joyous young man with a huge heart. Members to support the passage of H.R. Mr. KLEIN of Florida. Mr. Speaker, I Born in Ohio, Daniel moved with his 6229. thank the chairman. family to south Florida when he was 4. I yield back the balance of my time. I rise in support of H.R. 6338, a bill to He attended the Hebrew Academy Com- Mr. DAVIS of Illinois. Mr. Speaker, I honor the life and legacy of Specialist munity School and Coconut Creek High yield back the balance of our time and Daniel J. Agami, who was killed in ac- School and was in college when he de- urge passage. tion on June 21, 2007, while serving his cided he was meant for a higher pur- The SPEAKER pro tempore (Mr. country in Iraq. pose. Without consulting friends or ROSS). The question is on the motion Daniel Agami was a devoted friend, a family, Daniel answered his calling and offered by the gentleman from Illinois loving son and brother and courageous enlisted in the Army. soldier. Growing up in South Florida, (Mr. DAVIS) that the House suspend the Daniel brought the Army more than rules and pass the bill, H.R. 6229. Daniel’s parents raised him with strong service and bravery. He brought his The question was taken. Jewish values, and he was very proud good humor, his tremendous heart and The SPEAKER pro tempore. In the of his Jewish heritage. To his friends, the moral conviction that he served opinion of the Chair, two-thirds being and he got quite a kick out of it, he something far greater than himself. in the affirmative, the ayes have it. was known as ‘‘GI Jew.’’ A little dif- Affectionately known by his fellow Ms. FOXX. Mr. Speaker, I object to ferent. soldiers as ‘‘GI Jew,’’ he strove con- the vote on the ground that a quorum Daniel knew he was meant to serve a stantly to improve the lives of those is not present and make the point of greater purpose in life, and in 2005 his around him. When he was not edu- order that a quorum is not present. love for country and an unyielding cating his fellow soldiers about his re- The SPEAKER pro tempore. Pursu- drive to serve others led him to enlist ligion, he was serving as a mentor to ant to clause 8 of rule XX and the in the United States Army. For his orphaned children in Iraq. In the words Chair’s prior announcement, further heroism in combat, Daniel was post- of his father, ‘‘He had 10,000 friends, proceedings on this motion will be humously presented with multiple and 10,000 friends thinking he was their postponed. medals of honor, including the Bronze best friend.’’ The point of no quorum is considered Star, the Purple Heart, the Good Con- On June 21, 2007, Daniel Agami was withdrawn. duct Medal, the Global War on Ter- killed while on patrol in Baghdad. He rorism Service Medal, the Iraqi Cam- was only 25. More than 1,000 people at- f paign Medal, and the Combat Infantry- tended his funeral. He was post- ARMY SPC DANIEL AGAMI POST man’s Badge. humously promoted to specialist, and OFFICE BUILDING During his service in the U.S. Army, his parents were presented with a num- Mr. DAVIS of Illinois. Mr. Speaker, I Daniel worked with local schools, dev- ber of medals, including the Bronze move to suspend the rules and pass the astated from war and destruction, to Star, Purple Heart and the Good Con- bill (H.R. 6338) to designate the facility refurbish their structures and mentor duct Medal. of the United States Postal Service lo- their students. Daniel died defending his core belief cated at 4233 West Hillsboro Boulevard The communities he served in Iraq that America fights for the freedom in Coconut Creek, Florida, as the and here at home have suffered a tre- and survival of the entire world. As one ‘‘Army SPC Daniel Agami Post Office mendous loss. Daniel made the ulti- friend recalled, ‘‘He had said that if, Building’’. mate sacrifice for his country, and it is God forbid, anything happened to him, The Clerk read the title of the bill. with great pride that I rise in support this is where he belonged.’’ The text of the bill is as follows: of this legislation to recognize his A loving son, brother, grandson and H.R. 6338 strong moral character and his work to friend, Daniel Agami will be missed, Be it enacted by the Senate and House of Rep- make this world a better place. and not just by those 10,000 best resentatives of the United States of America in It is my sincere hope that when the friends, but by all Americans who cher- Congress assembled, South Florida community utilizes the ish freedom and courage and honor. SECTION 1. ARMY SPC DANIEL AGAMI POST OF- services of the post office in Coconut I urge my colleagues to support this FICE BUILDING. Creek, Florida, they will remember and bill so that the life of this courageous (a) DESIGNATION.—The facility of the honor Army Specialist Daniel Agami young man and all that he stood for United States Postal Service located at 4233 and his exceptional patriotism and will not soon be forgotten. West Hillsboro Boulevard in Coconut Creek, courage. Mr. Speaker, I reserve the balance of Florida, shall be known and designated as I would like to also thank the mem- my time. the ‘‘Army SPC Daniel Agami Post Office bers of the Florida congressional dele- Building’’. Mr. DAVIS of Illinois. Mr. Speaker, I (b) REFERENCES.—Any reference in a law, gation for their strong support of this yield myself such time as I might con- map, regulation, document, paper, or other legislation. I would also like to recog- sume. record of the United States to the facility re- nize the Agami family: Parents, Beth Mr. Speaker, as Chair of the House ferred to in subsection (a) shall be deemed to and Itzhak; brother, Ilan and his wife, subcommittee with oversight authority be a reference to the ‘‘Army SPC Daniel Elisha; sister, Shaina; and grand- for the United States Postal Service, I Agami Post Office Building’’. mother, Sandy Becker. The Agami stand in support of H.R. 6338, which re- The SPEAKER pro tempore. Pursu- family will be in Washington D.C. later names a postal facility in Coconut ant to the rule, the gentleman from Il- this week where they will celebrate Creek, Florida, in honor of Specialist linois (Mr. DAVIS) and the gentle- and honor Daniel’s life and memory. Daniel Agami. woman from North Carolina (Ms. FOXX) I urge passage of this piece of legisla- H.R. 6338 enjoys the support of the each will control 20 minutes. tion. entire House delegation from Florida

VerDate Aug 31 2005 03:46 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.054 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8329 and was introduced by my colleague, The Clerk read the title of the Senate Oklahoma, for the town’s most famous Representative RON KLEIN, on June 20, bill. citizen, Mickey Charles Mantle. 2008. The measure was taken up by the The text of the Senate bill is as fol- Mickey Mantle was a true American Oversight Committee on July 16, 2008, lows: hero. He was an outfielder for the New where it was passed by voice vote. S. 171 York Yankees, a first-ballot Hall of H.R. 6338 calls for honoring Specialist Be it enacted by the Senate and House of Rep- Famer with 536 career home runs. Daniel Agami for his unwavering com- resentatives of the United States of America in When he hit them, they flew. mitment, service and sacrifice to Congress assembled, He hit the longest home run ever at America. Army Specialist Daniel SECTION 1. MICKEY MANTLE POST OFFICE the old Yankee Stadium—it hit the top Agami died on June 21, 2007, in Bagh- BUILDING. facade in right field—and the longest dad from injuries he suffered when an (a) DESIGNATION.—The facility of the ever at Washington’s old Griffith Sta- improvised explosive device detonated United States Postal Service located at 301 dium and at Detroit’s old Tiger Sta- near his vehicle. He was assigned to the Commerce Street in Commerce, Oklahoma, shall be known and designated as the ‘‘Mick- dium. The term ‘‘tape-measure home 1st Battalion, 26th Infantry Regiment, ey Mantle Post Office Building’’. run’’ was invented when the Yankees’ 2nd Brigade Combat Team, 1st Infantry (b) REFERENCES.—Any reference in a law, traveling secretary used a tape to Division, Schweinfurt, Germany. map, regulation, document, paper, or other measure the Griffith Stadium blast at While in college in 2005, he enlisted in record of the United States to the facility re- 565 feet. the Army and was deployed to serve in ferred to in subsection (a) shall be deemed to Named for Mickey Cochrane, another Iraq the following year. Army Spe- be a reference to the ‘‘Mickey Mantle Post baseball Hall of Famer—Mantle often cialist Agami not only served as a com- Office Building’’. joked that he was glad his father didn’t bat soldier, but he was also a mentor The SPEAKER pro tempore. Pursu- know Cochrane’s real first name was for orphaned children in Iraq. De- ant to the rule, the gentlewoman from Gordon—the Mick was a three-sport scribed as having a sunny personality, Minnesota (Ms. MCCOLLUM) and the star at Commerce High. A New York he was loved by the children he worked gentlewoman from North Carolina (Ms. Yankees’ scout who came to see a with and is certainly missed. FOXX) each will control 20 minutes. teammate play in a semipro game saw Daniel’s parents were presented with The Chair recognizes the gentle- Mantle hit titanic home runs from his Purple Heart and Bronze Star at his woman from Minnesota. both sides of the plate and tried to sign funeral. Agami was also posthumously GENERAL LEAVE him on the spot, only to find that he honored with the Good Conduct Medal, Ms. MCCOLLUM of Minnesota. Mr. was still 16, still in high school, and in- the Global War on Terrorism Service Speaker, I ask unanimous consent that eligible for pro ball. The scout told Medal, the Iraqi Campaign Medal and all Members may have 5 legislative Mickey he would return the day he the Combat Infantryman’s Badge. days in which to revise and extend graduated from high school, and he did. In honor of his tremendous service to their remarks. Four years later the Mick was in this country, I urge my colleagues to The SPEAKER pro tempore. Is there right field in Yankee Stadium, and Joe join me in passing H.R. 6338 and renam- objection to the request of the gentle- DiMaggio was patrolling center field. ing the postal facility on West Hills- woman from Minnesota? Both took off to run down a scorched boro Avenue in Coconut Creek, Florida, There was no objection. liner to right field. As they arrived at after Specialist Daniel Agami. Ms. MCCOLLUM of Minnesota. Mr. the ball, DiMaggio called off Mantle. Mr. Speaker, I reserve the balance of Speaker, I yield myself such time as I Mantle tried to stop, but caught his my time. may consume. cleats in a sprinkler head. He went Ms. FOXX. Mr. Speaker, I urge all S. 171 renames a postal facility in down ‘‘like he was shot,’’ said one ob- Members to support the passage of H.R. Commerce, Oklahoma, in honor of server. 6338, and I yield back the balance of my Mickey Mantle, the great American In many ways, this blazing fast, pre- time. baseball player. ternaturally powerful athlete was Mr. DAVIS of Illinois. Mr. Speaker, I The House Oversight Committee re- never the same. He went on to win a would urge passage and yield back the ceived S. 171 after it had been consid- Triple Crown in 1956, claim three balance of my time. ered and passed by our colleagues in American League Most Valuable Play- The SPEAKER pro tempore. The the Senate. The measure was originally er awards, make 16 All-Star teams and question is on the motion offered by introduced by Senator JAMES INHOFE of win seven world championships. He the gentleman from Illinois (Mr. Oklahoma back on January 4, 2007, and still holds the records for most home DAVIS) that the House suspend the the Oversight Committee passed the runs, RBIs, runs, walks, extra-base hits rules and pass the bill, H.R. 6338. bill by voice vote on June 12, 2008. The question was taken. and total bases in the World Series. The SPEAKER pro tempore. In the S. 171 calls for honoring Mickey Man- As great as he was, the question that opinion of the Chair, two-thirds being tle by designating the post office in his dogs his legacy is, what if? What if he in the affirmative, the ayes have it. hometown of Commerce, Oklahoma, as had stayed healthy? What if he had Ms FOXX. Mr. Speaker, I object to the Mickey Mantle Post Office Build- never contracted osteomyelitis, a crip- the vote on the ground that a quorum ing. Mickey Mantle was born on Octo- pling bone disease in high school? What is not present and make the point of ber 20, 1931. Named Mickey by his fa- if he had never been plagued by other order that a quorum is not present. ther after the Philadelphia Athletics diseases and injuries, including alco- The SPEAKER pro tempore. Pursu- Hall of Fame catcher, Mantle is one of holism? ant to clause 8 of rule XX and the the greatest American baseball players He is number 17 on the list of the Chair’s prior announcement, further of all time. In 1974, he was inducted greatest 100 players of all time. Where proceedings on this motion will be into the National Baseball Hall of might he have ended up otherwise? postponed. Fame, and his uniform number 7 was Who in baseball history might today be The point of no quorum is considered retired, celebrating his 18 years of considered above him? withdrawn. playing for the New York Yankees. The Mick was not a great business- f Mr. Speaker, in honor of Mickey man, and many of the ventures he Mantle, let us pass, without reserva- funded with his top salaries for the MICKEY MANTLE POST OFFICE tion, S. 171 and rename the post office Yankees proved unsuccessful. But he BUILDING facility on Commerce Street in Com- made another fortune in the memora- Ms. MCCOLLUM of Minnesota. Mr. merce, Oklahoma, after this legendary bilia market. His signature and arti- Speaker, I move to suspend the rules American athlete. facts fetched sums second only to those and pass the Senate bill (S. 171) to des- Mr. Speaker, I reserve the balance of of Babe Ruth. ignate the facility of the United States my time. Why? He moved with a breathtaking Postal Service located at 301 Com- Ms. FOXX. Mr. Speaker, I yield my- grace. He was that rarest of commod- merce Street in Commerce, Oklahoma, self such time as I may consume. ities, the fastest and most powerful as the ‘‘Mickey Mantle Post Office I rise today in support of S. 171, to re- guy on the team. Moreover, he smiled. Building’’. name the post office in Commerce, He connected with fans. He looked like

VerDate Aug 31 2005 03:46 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.057 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8330 CONGRESSIONAL RECORD — HOUSE September 17, 2008 he was having fun. Even though he was and uncles and all of the family were history of the Congress. All bills would as far culturally from a New Yorker as strong Yankee fans. They were born be brought through committee, all bills he could be, the Yankee faithful em- and raised in New York City. They would be allowed to be amended on the braced him. He later teamed with fel- were Yankee fans and certainly Mickey floor. So far that has been a hollow low Oklahoman and Yankee Bobby Mantle fans. I know they would be promise. The so-called energy bill that Murcer to raise money for victims of pleased to see me presenting this bill was passed yesterday was never the Oklahoma City bombing. on the floor today. brought to committee. It should have He led an imperfect life, but he did But I know they also would be upset been assigned to about eight different what he could to redeem himself. He with me if I did not talk about the committees. It didn’t go to a single went into treatment and later turned problems we are facing in this country one. It was brought straight to the to faith to deal with his increasing in- related to gas prices because most of floor under a closed rule and no amend- firmities. When he died on August 13, my family, as they got older, moved ments were allowed. 1995, in Dallas, Bob Costas, the famous out of New York City and moved out Had we been allowed to offer amend- sportscaster, gave his eulogy. Costas into rural areas, where they didn’t ments, one of the things we would have described him as ‘‘a fragile hero to have access any longer to mass transit done would have been to offer an whom we had an emotional attachment as they had had when they lived in New amendment that would have allowed so strong and lasting that it defied York City, and depended on having for lawsuits to be filed. We don’t want logic. In his last year of his life, Mick- automobiles and having to drive and to stop the judicial process. However, ey Mantle, always so hard on himself, pay for gasoline. we think that it should be done in a finally came to accept and appreciate What we are seeing now in this coun- way that will expedite these leases. the distinction between a role model try is a very big burden on people who We keep hearing from the Democrats and a hero. The first, he often was not. live in rural areas such as my district that the oil companies have millions of The second, he always will be.’’ where most of the people are without acres under lease that they are not Mr. Speaker, I reserve the balance of access to mass transit. doing. The reason is their good friends, my time. I want to talk a little bit about the the trial lawyers and the radical envi- Ms. MCCOLLUM of Minnesota. Mr. failure of the Democrats in charge of ronmentalists, are stopping the leases Speaker, I yield 2 minutes to the gen- this Congress for not doing anything to from being exercised by bringing law- tleman from California, Representative bring down the price of gasoline. suit after lawsuit after lawsuit. BACA. We must stop this if we are going to Speaker PELOSI in 2006 promised that Mr. BACA. I appreciate Congress- the Democrats had a commonsense help the American people and bring woman VIRGINIA FOXX talking about plan to bring down the price of gaso- down the price of gasoline. The Demo- Mickey Mantle. He was an idol to line. We haven’t seen that common- crats cannot run away from their re- many of us that played a lot of sports. sense plan. The bill that passed yester- sponsibility of being in charge of the I know as a young gentleman who was day was a sham and an illusion. It was Congress and denying the opportunities playing during that period of time, I that should be presented to the Amer- a way to simply give cover to Demo- admired Mickey Mantle. ican people to see the price of gasoline crats who are in tough reelection situa- Not only was he a positive role model come down. for myself, in terms of trying to aspire tions. I think it is a real shame. Not So while we are here today honoring to become a professional baseball play- only are we hurting people who live in Mickey Mantle, honoring the American er during the time I was in high school, rural areas, but we are hurting the pastime of baseball, Democrats have to but he was a coal miner, an individual baseball fans who would like to be able take responsibility for denying people that came from that area in Oklahoma to go to baseball games and be able to the opportunity to go to their baseball that showed us that with hard work celebrate this wonderful game we are games and do other things they would and dedication that you can make it. talking about when we honor Mickey like to do because they are responsible Not only hearing the history of his Mantle. for the price of gasoline having doubled personal life but what he did for a lot One of the things that was wrong in the 20 months they have been in of us, because not only did he hit from with the bill that passed, there was charge of the Congress. both sides of the plate, which is very nothing there to be able to stop all of I reserve the balance of my time. important for many individuals, we the legal challenges by radical environ- Ms. MCCOLLUM of Minnesota. Yes- saw a switch hitter that could hit a lot mental groups that are blocking or sig- terday Members of Congress had a from both the left and the right. We nificantly delaying oil leases and pro- clear choice, voting for a plan that saw the competition that he led with duction. We now know from having sided with American taxpayers and Roger Maris during that period of time done some investigation that radical consumers struggling with energy when they were competing for the environmentalists are challenging costs or to continue to argue for a plan home run championship. every single lease that is being award- that sides with the Big Oil companies I think having a post office named ed to be able to bring more gas and oil reaping the largest profits in American after Mickey Mantle is a great honor online. history. for many individuals, especially as we In February 2008, the administration Yesterday, the House, under Demo- look at many of the Little Leaguers issued 487 leases in the Chukchi Sea cratic leadership, passed the Com- that play in Little League right now sale 193, and every single one of those prehensive American Energy Security that look towards major league ball has been challenged under the National and Consumer Protection Act. Let me players who have played in the past Environmental Policy Act and the En- tell you what that plan does. It lowers who were a positive inspiration to dangered Species Act. prices for consumers and protects tax- many of us who say that if you can In addition, for 2007–2012, there was a payers. It expands domestic drilling lead, you can be an inspiration to a lot 5-year OCS leasing program, and every offshore and on land. It expands renew- of us. Therefore, I say that we should single one of those leases has been able sources of energy. It increases our support this kind of legislation in nam- challenged. security by freeing America from the ing the Mickey Mantle Post Office There are 748 leases in the Chukchi- grip of foreign oil, and it requires Big Building. Beaufort Seas which have been chal- Oil to pay back what it owes taxpayers. I support the legislation, which is S. lenged. It ends the subsidies to the oil compa- 171, and I compliment Congresswoman What Republicans wanted to do, and nies, and it creates good-paying jobs VIRGINIA FOXX for carrying on and we had absolutely no opportunity to be right here in America. going through a whole history of his able to do so, was to bring amendments The plan that we passed yesterday history and background, where he to these bills, another promise broken truly gives the American people an op- came from. by the Democrats in charge of the Con- portunity to have security and to have gress. a brighter future with renewables as b 1445 We were told when the Democrats part of our energy mix. Ms. FOXX. Mr. Speaker, all of my took over that we would be in the most Mr. Speaker, I reserve the balance of family were Yankee fans. My father open, most bipartisan Congress in the my time.

VerDate Aug 31 2005 03:46 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.059 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8331 Ms. FOXX. Mr. Speaker, I want to H.R. 5551. An act to amend title 11, District of H.R. 6772 which aims to rename the say that I wish that what the gentle- of Columbia Official Code, to implement the postal facility in the city of Fort woman had said was true. I wish that increase provided under the District of Co- Pierce, Florida, after CeeCee Ross the bill that passed yesterday would do lumbia Appropriations Act, 2008, in the Lyles, who was a flight attendant amount of funds made available for the com- something to bring down the price of pensation of attorneys representing indigent aboard United Airlines Flight 93 during gasoline. If that were true, it would defendants in the District of Columbia the horrible attacks of 9/11. have had a unanimous vote. Instead, courts, and for other purposes. H.R. 6772, which was introduced by Republicans voted against it and many H.R. 5893. An act to reauthorize the sound the gentleman from Florida (Mr. Democrats voted against it because we recording and film preservation programs of MAHONEY) on August 1, 2008, was re- know that the bill is going absolutely the Library of Congress, and for other pur- ported from the Committee on Over- nowhere. It was simply cover for Demo- poses. sight and Government Reform on Sep- crats who are in tight election races. The message also announced that the tember 10, 2008, by voice vote. The It is a cynical, cynical ploy on behalf Senate has passed a bill and a concur- measure has the support of Florida’s of the Democrats, and I am so sorry to rent resolution of the following titles entire House congressional delegation see that because I think ultimately in which the concurrence of the House and recognizes Mrs. Lyles for the up- people will be held responsible for the is requested: standing life she lived and the legacy cynical ploys that they perpetuate S. 3023. An act to amend title 38, United she leaves behind. against the American people. States Code, to improve and enhance com- CeeCee Ross Lyles has been described With that, Mr. Speaker, I urge all pensation and pension, housing, labor and as a strong, smart, street-savvy young Members to support the passage of S. education, and insurance benefits for vet- lady. Before becoming a flight attend- 171. erans, and for other purposes. ant, she spent 6 years on the Fort I yield back the balance of my time. S. Con. Res. 87. Concurrent resolution con- Pierce Police Department where she ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE gratulating the Republic of Latvia on the worked her way from patrol officer to The SPEAKER pro tempore. Mem- 90th anniversary of its declaration of inde- detective and was respected widely by pendence. bers are reminded to address their re- her colleagues. marks to the Chair. f Although CeeCee enjoyed working as Ms. MCCOLLUM of Minnesota. Mr. a law enforcement officer, on October CEECEE ROSS LYLES POST OFFICE Speaker, I am new to managing bills on 11, 2000, she walked away from her job BUILDING the floor, and I was going to ask if that as a cop to pursue a lifelong goal of was the proper procedure, and so thank Ms. MCCOLLUM of Minnesota. Mr. hers, which was to become an airline you for explaining that to us again on Speaker, I move to suspend the rules flight attendant. It was this decision the floor. And I know that the gentle- and pass the bill (H.R. 6772) to des- that would lead her to join the ranks of woman in no way, shape, or form ignate the facility of the United States United Airlines on the morning of Sep- meant to imply that I was a liar on the Postal Service located at 1717 Orange tember 11, 2001. Along with other crew floor. Avenue in Fort Pierce, Florida, as the members and passengers, she would be Mr. Speaker, as a young girl there ‘‘CeeCee Ross Lyles Post Office Build- faced with the unthinkable, a hijacked weren’t too many baseball cards I was ing’’. airline carrier. actually very interested in collecting. The Clerk read the title of the bill. Moments before Flight 93 went down But let me tell you, there were a few. The text of the bill is as follows: in the field of Shanksville, Pennsyl- Harmon Killebrew, Tony Oliva, and I H.R. 6772 vania, CeeCee dialed home twice on a knew if I could get a Mickey Mantle Be it enacted by the Senate and House of Rep- cell phone to tell her husband, Lorne, card, I could collect the other two. resentatives of the United States of America in of the hijacking and to send her love to I am very honored to be here today Congress assembled, her boys, Javon, Jerome, Justin and to have the opportunity to support S. SECTION 1. CEECEE ROSS LYLES POST OFFICE Jordon. 171. Mr. Speaker, I encourage all Mem- BUILDING. A devout wife and mother to her bers of the House to support this post (a) DESIGNATION.—The facility of the sons, CeeCee lost her life far too early, office renaming of a fabulous athlete, United States Postal Service located at 1717 like so many others on that tragic day Mickey Mantle of the New York Orange Avenue in Fort Pierce, Florida, shall in history. While last week the country be known and designated as the ‘‘CeeCee Yankees. Ross Lyles Post Office Building’’. stopped to remember the victims of 9/ Mr. Speaker, I yield back the balance (b) REFERENCES.—Any reference in a law, 11, today we take a moment to ac- of my time. map, regulation, document, paper, or other knowledge one individual in particular, The SPEAKER pro tempore. The record of the United States to the facility re- and that is CeeCee Ross Lyles, crew question is on the motion offered by ferred to in subsection (a) shall be deemed to member of Flight 93. the gentlewoman from Minnesota (Ms. be a reference to the ‘‘CeeCee Ross Lyles Mr. Speaker, I hope my colleagues MCCOLLUM) that the House suspend the Post Office Building’’. will join me in supporting H.R. 6772, rules and pass the Senate bill, S. 171. The SPEAKER pro tempore. Pursu- which renames the Orange Avenue Post The question was taken. ant to the rule, the gentlewoman from Office in Fort Pierce, Florida, after Ms. The SPEAKER pro tempore. In the Minnesota (Ms. MCCOLLUM) and the Lyles, an honor certainly befitting of opinion of the Chair, two-thirds being gentlewoman from North Carolina (Ms. this fallen hero. Again, I urge passage in the affirmative, the ayes have it. FOXX) each will control 20 minutes. of the bill. Ms. FOXX. Mr. Speaker, I object to The Chair recognizes the gentle- I reserve the balance of my time. the vote on the ground that a quorum woman from Minnesota. Ms. FOXX. Mr. Speaker, I yield my- is not present and make the point of GENERAL LEAVE self such time as I may consume. order that a quorum is not present. I rise today in support of this bill Ms. MCCOLLUM of Minnesota. Mr. The SPEAKER pro tempore. Pursu- designating the facility of the United Speaker, I ask unanimous consent that ant to clause 8 of rule XX and the States Postal Service located at 1717 all Members may have 5 legislative Chair’s prior announcement, further Orange Avenue in Fort Pierce, Florida, days in which to revise and extend proceedings on this motion will be as the CeeCee Ross Lyles Post Office their remarks. postponed. Building. The point of no quorum is considered The SPEAKER pro tempore. Is there withdrawn. objection to the request of the gentle- b 1500 f woman from Minnesota? Born and raised in Fort Pierce, There was no objection. CeeCee Ross Lyles was a role model in MESSAGE FROM THE SENATE Ms. MCCOLLUM of Minnesota. Mr. her community. She worked several A message from the Senate by Ms. Speaker, I yield myself such time as I jobs to support her family and still Curtis, one of its clerks, announced may consume. found time to volunteer at a local that the Senate had passed without Mr. Speaker, as a member of the Christian women’s shelter. amendment bills of the House of the House Committee on Oversight and For 6 years Lyles served at the Fort following titles: Government Reform, I rise in support Pierce Police Department. During that

VerDate Aug 31 2005 06:33 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.062 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8332 CONGRESSIONAL RECORD — HOUSE September 17, 2008 time she became known for her willing- from patrol officer to detective, and The point of no quorum is considered ness to tackle fleeing criminals, was respected for her willingness to withdrawn. worked her way up to detective, and tackle fleeing criminals. f was up for a promotion to sergeant. Fulfilling a lifelong goal to travel, In October 2000, Lyles saw a chance she became a United Airlines flight at- CELEBRATING THE 221ST ANNI- to pursue a lifelong dream and left the tendant in 2000, where she served with VERSARY OF THE SIGNING OF Fort Pierce Police Department. distinction. THE CONSTITUTION OF THE Through employment with United Air- CeeCee had a true and giving spirit. UNITED STATES OF AMERICA lines as a flight attendant, Lyles found She loved her volunteer work at a Ms. MCCOLLUM of Minnesota. Mr. new experiences and opportunities to women’s shelter that two of her aunts Speaker, I move to suspend the rules travel. helped found in Fort Pierce. Through and agree to the resolution (H. Res. Sadly, her life ended less than a year her work at the shelter she served as a 1356) celebrating the 221st anniversary later, on September 11, 2001. Lyles was role model, showing women that they of the signing of the Constitution of among the heroic crew on United could make their own way if they tried the United States of America, and for Flight 93, which, along with the pas- hard enough. other purposes. sengers on board that day, overtook I am proud to name this post office in The Clerk read the title of the resolu- the terrorists and prevented them from honor of a true American hero, CeeCee tion. completing their diabolical plot. Ross Lyles. I urge my colleagues to The text of the resolution is as fol- Ultimately, the plane crashed in a join me in honoring this most worthy lows: field in Shanksville, Pennsylvania, hero. H. RES. 1356 killing the 44 people on board, but sav- Mr. HASTINGS of Florida. Madam Speaker, Whereas the Constitution of the United ing an untold number of American I rise today in support of H.R. 6772, a resolu- States of America was formally signed on lives, including, perhaps, many of us as tion designating the post office located at 1717 September 17, 1787, by 39 delegates from 12 that plane almost certainly was headed Orange Avenue in Fort Pierce, Florida, as the States; for this building. Moments before the ‘‘CeeCee Ross Lyles Post Office Building.’’ As Whereas the Constitution of the United plane went down, Lyles called her hus- a cosponsor of this legislation, I would like to States was subsequently ratified by each of the original 13 States; band and prayed for her family, herself like to express my appreciation for the effort of Whereas the Constitution of the United and everyone aboard the plane. my good friend from Florida, Congressman States was drafted in order to form a more CeeCee Ross Lyles was a loving wife TIM MAHONEY, for introducing this important perfect union, establish justice, ensure do- and mother and a devoted member of legislation. He and I share the privilege of rep- mestic tranquility, provide for the common her community whose life was cut resenting Fort Pierce in the House. defense, promote the general welfare, and se- short by the tragic events on Sep- Through the designation of this post office cure the blessings of liberty for citizens of tember 11, 2001. I urge my colleagues to we honor the memory of Ms. CeeCee Ross our Nation; support this bill in her memory. Lyles. Ms. Lyles was a flight attendant aboard Whereas the liberties enjoyed by the citi- I reserve the balance of my time. zens of the United States today are rooted in United Flight 93 on that fateful day, 9/11 over this cherished document that gave birth to Ms. MCCOLLUM of Minnesota. Mr. 7 years ago. Shortly before the plane crashed, our Nation; Speaker, I yield 5 minutes to the gen- Ms. Lyles called her husband to tell her that Whereas the Constitution of the United tleman from Florida, Representative she loved him. While her time on earth was States serves as the foundation for citizens MAHONEY. cut short by terrorists, her memory will live on of the United States to accomplish a level of (Mr. MAHONEY of Florida asked and in our community. This post office designation prosperity, security, justice, and freedom un- was given permission to revise and ex- will forever commemorate the life of Ms. Lyles. surpassed by any other country; tend his remarks.) Ms. Lyles was a true Fort Pierce Floridian Whereas the Constitution of the United States is a model for establishing freedom in Mr. MAHONEY of Florida. Mr. through and through. She was born and raised Speaker, I rise in support of H.R. 6772, other countries; in Fort Pierce and later served as a police offi- Whereas the Members of the House of Rep- my bill to name the United States Post cer for 6 years there. In 2003, the City of Fort resentatives take an oath to support and de- Office at 1717 Orange Avenue in Fort Pierce erected a statue of Ms. Lyles in the fend the Constitution of the United States; Pierce, Florida after CeeCee Ross Liberty Garden at Veteran Memorial Park. and Lyles, a true hero from my district The legislation before us today ensures the Whereas September 17, 2008, is the 221st an- who died tragically on September 11, memory of Ms. Lyles and all other 9/11 victims niversary of the signing of the Constitution 2001. live on in our collective memory. I urge swift of the United States: Now, therefore, be it I would like to thank Chairman WAX- passage of this legislation to properly recog- Resolved, That the House of Representa- tives— MAN and his staff for their help in mov- nize and memorialize the heroes of 9/11 and (1) celebrates the 221st anniversary of the ing this very important piece of legis- the life of Ms. CeeCee Ross Lyles. signing of the Constitution of the United lation to the floor. I would also like to Ms. FOXX. Mr. Speaker, I urge all States of America; acknowledge my distinguished col- Members to support the passage of H.R. (2) honors the efforts of the 42 delegates league, Mr. HASTINGS, who also rep- 6772, and yield back the balance of my who attended the majority of the Constitu- resents Fort Pierce, for his support of time. tional Convention meetings and the 39 sign- the bill, and all the other colleagues Ms. MCCOLLUM of Minnesota. Mr. ers of the Constitution of the United States; who represent the State of Florida who Speaker, I yield back the balance of (3) acknowledges the significance of the unanimously support this important my time. ideals established by the Constitution of the United States, including the principle of a piece of legislation. The SPEAKER pro tempore. The limited Federal Government with a system CeeCee Ross Lyles was a flight at- question is on the motion offered by of checks and balances between the 3 tendant on United Airlines Flight 93, the gentlewoman from Minnesota (Ms. branches; which crashed in a Pennsylvania field MCCOLLUM) that the House suspend the (4) recognizes the Constitution of the on September 11. Passengers on the rules and pass the bill, H.R. 6772. United States as the source responsible for flight, along with CeeCee and other The question was taken. our Nation’s ability to withstand calamity flight attendants, fought back against The SPEAKER pro tempore. In the and preserve national stability, or as Thom- the hijackers after learning that other opinion of the Chair, two-thirds being as Jefferson wrote, ‘‘Our peculiar security is in the affirmative, the ayes have it. in the possession of a written Constitution’’; planes had been flown into the World and Trade Center and the Pentagon. Ms. FOXX. Mr. Speaker, I object to (5) encourages the citizens of the United Shortly before Flight 93 crashed, the vote on the ground that a quorum States of America, who have the privilege to CeeCee called her husband, Lorne, and is not present and make the point of share in the freedoms recognized in the Con- told him she loved him and she loved order that a quorum is not present. stitution of the United States, to join with her children. The SPEAKER pro tempore. Pursu- the House of Representatives in this historic CeeCee was born and raised in Fort ant to clause 8 of rule XX and the celebration. Pierce where she served as a police offi- Chair’s prior announcement, further The SPEAKER pro tempore. Pursu- cer for 6 years. In those years as a po- proceedings on this motion will be ant to the rule, the gentlewoman from lice officer, she had worked her way postponed. Minnesota (Ms. MCCOLLUM) and the

VerDate Aug 31 2005 04:43 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.067 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8333 gentlewoman from North Carolina (Ms. ways use the Constitution as my point of our power. This is what makes FOXX) each will control 20 minutes. of reference, and I try to point out to America the greatest country in the The Chair recognizes the gentle- them what a radical idea this entire world. woman from Minnesota. country is and was. At the time that Mr. Speaker, I rise today to celebrate GENERAL LEAVE we sought our independence from Great both the signing of the Constitution Ms. MCCOLLUM of Minnesota. Mr. Britain, no people in the world had and the fundamental principles of the Speaker, I ask unanimous consent that ever sought to set themselves up in the document that each of us pledge to up- all Members may have 5 legislative way our government did. The Constitu- hold and defend when we take our oath days in which to revise and extend tion is the basis of all that has helped of office. their remarks. make us and keep us great. And I am proud to wear this every The SPEAKER pro tempore. Is there The Constitution signed that day day by my heart, as with our great pa- objection to the request of the gentle- contained only 4,400 words. It is the triarch in the Senate, Senator BYRD. woman from Minnesota? oldest and shortest written Constitu- Alexander Hamilton once said, ‘‘The There was no objection. tion of any major government in the sacred rights of mankind are not to be Ms. MCCOLLUM of Minnesota. I yield world. Yet in those few words, the rummaged for among old parchments myself such time as I may consume. framers laid out a plan for self-govern- or musty records. They are written, as Mr. Speaker, today marks the 221st ment which has insured American lib- with a sunbeam, in the whole volume anniversary of the signing of the U.S. erty, adapted to technological and cul- of human nature, by the hand of the di- Constitution, the document that is the tural changes, and expanded civil lib- vinity itself; and can never be erased or basis for our country and the govern- erty in this Nation over the past two obscured by mortal power.’’ ment it is built upon. House Resolution The Constitution upholds our rights. centuries. 1356, as introduced, is designed to pay We are given these rights by our I also point out to those school chil- tribute to this historical event. Maker. That’s what makes us all equal dren that in my opinion the most im- The supreme law of the land, the U.S. at birth, regardless of our religious portant words written, outside the Constitution was adopted on Sep- background, our ethnicity or anything. Bible, are the words ‘‘We the People’’ tember 17, 1787, by the Constitutional Hamilton understood that the rights which begin the preamble to the Con- Convention in Philadelphia, Pennsyl- our founders enshrined in the construc- stitution, because, again, that was a vania, thereby replacing the Articles of tion come not from men but from God. radical notion in those days. Confederation. Shortly after the sign- That’s what makes us all equal, not The delegates who gathered in Phila- ing of the Constitution, each State the Constitution. held individual conventions in order to delphia faced a daunting task. The Na- Today, 221 years after its signing, ratify the document in the name of the tion had already experienced failure in public school students across the coun- people. the form of the Articles of Confed- try will be studying the history of the Since its inception, the Constitution eration which did little to unify the Constitution. They will learn about has been amended 27 times, with the States into a coherent national unit. James Madison, the father of the Con- So the question was certainly an first 10 amendments, of course, being stitution and his vision for the Federal open one: Could these delegates, who our Bill of Rights and other significant Government. They will learn about the came from every corner of the Nation amendments, including the 13th separation of powers into a legislative and every walk of life, find a new way amendment abolishing slavery, the branch, and executive and judiciary to create a functioning, unified nation 14th amendment which bestowed the branches, and they will learn about the while still respecting the rights and right of due process upon all citizens, checks and balances designed to keep needs of each individual region and and the 19th amendment which forbid one of those departments, one of those State? the denial of the right to vote based on areas, those branches from growing too They succeeded beyond their wildest gender. powerful. Mr. Speaker, much can be said about expectations. The form of government Hear me, Mr. Speaker. These are the the growth and development of our Na- developed by these delegates wasn’t enduring principles that have stood the tion and the fact that through all of it, perfect, but the foundation they laid test of time. They’ve become the inspi- whether in times of peace or war, the sustained us through wars and times of ration and the basis for the govern- U.S. Constitution has withstood the internal tumult. ments of countless countries around The question for all Americans today test of time. On this, the 221st anniver- the globe. sary of the signing, let us stand in uni- is, what can we learn from the accom- Mr. Speaker, I would be remiss if, on son, putting aside our partisan distinc- plishment of the framers of our Con- this day when we celebrate this Con- tions and differences in order to cele- stitution? stitution, I did not discuss the willful brate, as Americans, strong and Certainly they taught us there’s no disregard for the fundamental prin- mighty, the framing document of our shame in contending forcefully for ciples of our Republic that we have country, the U.S. Constitution. your convictions. But they also taught seen over the last 8 years. I thank the gentleman from New Jer- us that the discipline of respect for Today we have an executive that has sey for offering this measure, and I am your adversary and the virtue of under- disregarded the checks and balances sure my colleagues will join me in sup- standing how and when to strike the enshrined in the Constitution that porting the passage of House Resolu- best compromise possible are the foun- have sustained our government for the tion 1356. dations of civil discourse. These are past two centuries. They have shown I reserve the balance of my time. lessons every American would do well complete contempt for article I, sec- Ms. FOXX. Mr. Speaker, I yield my- to remember. tion 8, which defines the powers of the self such time as I may consume. Mr. Speaker, I reserve the balance of Congress in their management of the Mr. Speaker, it is truly an honor to my time. war and of our economy. I am sad to be able to be here today and speak on Ms. MCCOLLUM of Minnesota. Mr. say that we all have allowed this power the anniversary of our Constitution. Speaker, at this time I would like the to be ceded, both sides of the aisle. Nei- On this day, 221 years ago, the Con- gentleman from New Jersey (Mr. ther party has been a sentinel of our stitution of the United States was PASCRELL), who brought this forward precious Constitution. signed in Philadelphia. Today we honor for us to debate today, to have 5 min- the hard work and commitment of the utes of time. b 1515 42 delegates to that Constitutional Mr. PASCRELL. Mr. Speaker, this is We have seen nothing but obstruc- Convention. In retrospect, the accom- a very important piece of legislation tion in our attempts to perform mean- plishment of those delegates continues because we not only recognize the Con- ingful oversight of our Federal Govern- to grow and sets a bar for legislative stitution of the United States, but we ment. effectiveness for nations all over the do what President Clinton said just a The administration’s secrecy and un- world to try to equal. few weeks ago in Denver, and that is, willingness to cooperate with the Con- When I go out and talk to school that we will be known by the power of gress’ constitutionally mandated over- groups about serving in Congress, I al- our example, rather than the example sight powers have reached the point of

VerDate Aug 31 2005 03:46 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.069 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8334 CONGRESSIONAL RECORD — HOUSE September 17, 2008 ridiculousness. We have actually had to had in signing our Nation’s founding tablished here in the Constitution. So, sue the Federal Government—hear document. Too often, we forget not too, did our Founding Fathers intend this—the Congress had to sue the Fed- only the names of these men but the those rights would, as they indicated eral Government because they refused challenges that they faced and what with Federalist No. 45, remain with to comply with duly authorized sub- they put at risk when they came to- those States. poenas. This is not a respect of the gether to do this. What we did last night was abrogated Constitution. This is a disregard. For example, our Founding Fathers those rights, took away those rights The fourth amendment bans ‘‘cruel originally met in Philadelphia to re- from them, from the respective States, and unusual punishment’’ and the four- work the Articles of Confederation. to a very basic source of income and teenth guarantees ‘‘due process under That was the document, you see, which power to those States, to direct what the law.’’ Sadly, America is now seen had governed the country after the should become of their futures with re- as a country that will hold detainees time of the War of Independence, and gard to an important issue such as en- indefinitely and torture them without really, no one was expecting them to ergy. Legislation that we did last night bringing charges. draft an entirely new system of govern- put on severe restrictions as to the 50 The Constitution prohibits ‘‘unrea- ment. And yet, that’s what they did, States, at least our coastal States, as sonable searches and seizures,’’ yet we and none of them were certain at that to what they can do and what remu- do know that this administration es- time that this new document would be neration they might see if they did tablished a program to secretly wiretap ratified at all, and I doubt they even take particular action with the devel- on Americans who did no harm to their recognized the ingenuity of their final oping resources, in this case, energy re- country, who love their country. product. sources, within their States. Today, the Congress honors the Con- Yet today, here we are over 200 years And so although a lot of the discus- stitution. Over the past 8 years, it later. I think we really take our sys- sion yesterday was on the political seems like the Executive has forgotten tem for granted and I hope this resolu- ramifications and some of the discus- even its existence. This is not hyper- tion in some small way will help re- sion was on the environmental rami- bole. This is documented. The mind us that the Constitution is a pro- fications, I’m not sure that there was redactive administration has corrupted found document. Our prosperity today any discussion on the constitutional the ideals of our forefathers. They and over the 200-some-odd years is implications of what was done yester- fondled fear to cover up their addiction built upon the stability of the Con- day and whether we, as Members of to secrecy and will be held accountable stitution. And our posterity to the fu- Congress, as we took our card and put soon. ture has to thank the liberties and it in there voting ‘‘yes’’ or ‘‘no,’’ were The SPEAKER pro tempore. The freedoms that are set forth and guaran- considering whether we had the con- time of the gentleman has expired. teed in this document. stitutional authority actually to take Ms. MCCOLLUM of Minnesota. I yield We see other nations around the those rights away from the people that the gentleman an additional 1 minute. world have followed in our footsteps by we represent back at home in our re- Mr. PASCRELL. The Constitution promoting the principles found in our spective States, whether we had the belongs to neither political party, nei- U.S. Constitution, and although it’s al- constitutional authority to say to ther party, nor is it a document to be ready been pointed out the U.S. Con- those States, no, we’re prescribing, no, possessed solely by the President’s at- stitution is a relatively short docu- we’re placing limits on your ability to torneys. The most egregious apologists ment, the Founders really get too little have freedom and prosperity for this of the constitutional interpretation are credit for their clear and clever direc- generation and future generations, as those down at the other end of Penn- tion in it. They intended to set up a well, by the limits Congress is placing sylvania Avenue who thought it was Republic of essentially sovereign, self- on them. the throne they were defending. governing States, with a very small As the founder and chairman of the The Constitution truly completed and central but limited government, Constitution Caucus, I urge my fellow our separation from Great Britain, operating under clearly defined, and as Members here in Congress today going thank God. We are no longer their pos- they say, limited powers. forward then to renew our dedication session, nor are we the possession of It was James Madison who wrote in to faithfully fulfilling our responsi- the executive branch of government. the Federalist Papers at No. 45 that: bility to the U.S. Constitution. Like- We will be known by the power of our ‘‘The powers delegated by the proposed wise, I encourage all Americans to take example, and not the example of our Constitution to the Federal Govern- the time today and throughout the rest power. ment are few and defined. Those which of the year to reflect upon this impor- I thank the gentlewoman for yield- are to remain in the State govern- tant doctrine, to reflect upon the U.S. ing. ments are numerous and indefinite.’’ Constitution, to ensure that freedoms Ms. FOXX. Mr. Speaker, I yield as Every time any Member of Congress set forth in it, the rights that are set much time as he may consume to my comes to the floor and they take out forth in it, are preserved today and for distinguished colleague from the State their card, about to vote on a par- our posterity. of New Jersey and the author of this ticular piece of legislation, they should Ms. MCCOLLUM of Minnesota. Mr. resolution, Mr. GARRETT. do what we’re doing right now, and Speaker, I reserve the balance of my Mr. GARRETT of New Jersey. I that is to reflect upon the U.S. Con- time. thank the gentlelady for her shep- stitution. And they should be asking Ms. FOXX. Mr. Speaker, I very much herding this through. She should get a themselves is what they’re about to appreciate the comments by both of gold star for all of her work on the vote on constitutional. our colleagues from New Jersey, and I floor today. I also thank the Chair and The gentleman from New Jersey—I’m am very grateful for the leadership the ranking members for helping facili- pleased to see him on the floor with me that Congressman GARRETT has given tate this bill going through committee tonight—raised some of those very to us in the Constitution Caucus. and now coming to the floor today. same questions. And in light of his I want to say that, as I’ve said before, As was already indicated, today, Sep- comments, I guess we should all have I often speak to school groups, and tember 17, marks a very important an- raised those questions last night, as when I do, I always make sure that I niversary, the signing of our Constitu- well, as we dealt with the energy pack- use the Constitution as my beginning tion 221 years ago. Our Founding Fa- age in legislation that came through point. And one of the things that I talk thers in this country came together in this House, because, as I indicated a about is the fact that the article I, an attempt to form something, form a moment before and as, actually, the which enumerates the power of the more perfect union, to establish justice gentleman from New Jersey already in- Congress, is not an accident. The and secure the blessings of liberty to dicated, we were breaking away from Framers of the Constitution, the ourselves and to our posterity. Britain at that time to provide the lib- Founders of this country, wanted the I’m honored to be the sponsor of this erties and the freedoms here for the re- majority of the power to remain within resolution, which recognizes those 39 spective States in this country through the elected bodies, and particularly in extremely brave men who gave all they the War of Independence and then es- the House of Representatives, which is

VerDate Aug 31 2005 03:46 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.071 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8335 elected every 2 years, and we’re known We had a great opportunity to pass a ica and honoring the efforts of the 42 dele- as the people’s House. bill yesterday that would have created gates who attended the majority of the Con- I want to say that I agree with my more American energy, but my col- stitutional Convention meetings and the 39 colleague from New Jersey (Mr. GAR- leagues on the other side don’t seem to signers, introduced by my distinguished col- RETT) that one of the major problems be in favor of more American energy. league Representative GARRETT. This legisla- that exists in this Congress now is the They seem to be anti-American energy, tion acknowledges the significance of the fact that we seem to have ignored just as many other things that they ideals established by the Constitution, includ- amendment 10 of the Constitution, support seem to be anti-American ing the principle of a limited Federal Govern- which says, ‘‘The powers not delegated power and anti-American control. ment with a system of checks and balances, to the United States by the Constitu- We can completely eliminate our de- and recognizes the Constitution as the source tion, nor prohibited by it to the States, pendence on foreign sources of oil, and responsible for our Nation’s ability to withstand are reserved to the States respectively, we should be doing that, but we aren’t calamity and preserve stability. or to the people.’’ doing that. I urge the American people QUOTE I think that one of the reasons some to pay attention to who is in charge of ‘‘Don’t interfere with anything in the Con- of our colleagues believe that we’ve ab- the Congress right now and say to your stitution. That must be maintained, for it is the rogated our responsibilities of over- Members on the other side, we want only safeguard of our liberties.’’—Abraham sight to the executive branch, which you to bring real bills, not sham bills, Lincoln. the Framers never expected to be very not illusory bills, but real bills to the BACKGROUND powerful, is that we have become en- floor to be voted on. The members of the Constitutional Conven- gaged in way too many things in this b 1530 tion signed the United States Constitution on Congress and we can’t stick to our September 17, 1787, in Philadelphia, Pennsyl- knitting. We don’t look after the I reserve the balance of my time. vania. The Constitutional Convention con- things that we should be looking after PARLIAMENTARY INQUIRY vened in response to dissatisfaction with the because we’re doing the things that the Ms. MCCOLLUM of Minnesota. Mr. Articles of Confederation and the need for a States should be doing and that the Speaker, I would like to ask if you strong centralized government. After 4 months people should be doing, and if we would heard that the gentlewoman said that of secret debate and many compromises, the adhere to the Constitution, we could do the Democrats on this side of the aisle proposed Constitution was submitted to the a much better job of what we came were anti-American. States for approval. Although the vote was here to do or at least what many of us The SPEAKER pro tempore. Is the close in some States, the Constitution was came here to do. gentlewoman from Minnesota stating a eventually ratified and the new Federal Gov- So I would say that the problem is parliamentary inquiry? ernment came into existence in 1789. The within the Congress itself because we Ms. MCCOLLUM of Minnesota. Yes. Constitution established the U.S. Government don’t leave enough time to do the The SPEAKER pro tempore. The gen- as it exists today. things that we should be doing and tlewoman will state her parliamentary The Constitution represents the founding of that are given to us by the Constitu- inquiry. our Government as we know it today. For 221 tion, and we get involved in doing Ms. MCCOLLUM of Minnesota. The years, the United States has fought to main- things that the States should be doing last speaker just referred to the Demo- tain a democracy that equally represents ev- and the people themselves should be crats, including myself, as anti-Amer- eryone that resides within the boundaries of doing. ican. Is that a custom and usage of this our Nation. Without this sacred document, the And certainly, the bill last night that House to refer to one another in such a rules that govern our Nation would be obso- was passed on this floor is an excellent manner? lete. The concrete separation that ensures the example of that, and I thank my col- The SPEAKER pro tempore. The stability of our Government and thus, our Na- league for bringing it up as an excel- Chair doesn’t give advisory opinions, tion is due to the Constitutional Convention lent example. but the Chair would ask that all Mem- that we recognize today. I reserve the balance of our time. bers address their remarks to the Chair Ms. MCCOLLUM of Minnesota. Mr. and maintain proper decorum. TEXAS Speaker, I continue to reserve the bal- Ms. MCCOLLUM of Minnesota. Texas became a member of this great Na- ance of my time. Thank you, Mr. Speaker. tion in 1845. Since that moment, Texas has Ms. FOXX. Mr. Speaker, I do want to With that, I reserve the balance of been proud to be a member of such a great talk a little bit more about this issue my time. nation like the United States, and as a Rep- of the Constitution and the problem Ms. FOXX. Mr. Speaker, I thought I resentative for the 18th District of Texas I am that we’re having again right now with had been addressing my comments to proud to represent my constituents within the our not adhering to our responsibilities the Speaker. legislative branch of this Government. It takes in this Congress. I want to say, again, that I thank the the help of every branch of governments at a Article I, again, is what gives power gentlemen from New Jersey for bring- number of different levels to accomplish all the to the Congress. There’s nowhere in the ing this resolution, H. Res. 1356, to the things our government is capable of, and Constitution where the President has Congress today to vote on. I urge my today, I am proud to be a Representative of the power to do what we should be colleagues to vote ‘‘yes.’’ Texas and the United States. It is a privilege doing right now, which is opening up I yield back the balance of my time. to represent the people of my State and my the supply of oil and gas for the people Ms. MCCOLLUM of Minnesota. Mr. district in Washington, DC. of this country. Speaker, I want to thank both of the CONCLUSION We have that power. Day after day, gentlemen from New Jersey for dis- I believe we must pass this resolution to night after night, members of the other cussing the Constitution today. demonstrate how proud we are to celebrate party come to the floor and blame our Today, we, as Members of Congress, the success of our Founding Fathers and to sitting President for every ill in this have seen the streets around the Cap- acknowledge those who put our system of country. Unfortunately, we simply can- itol and the Halls of Congress filled government on paper allowing the United not pass off our responsibilities for the with young school students, the very States to become such a renowned nation. things we should be doing and blame future of our country. They’re here to This resolution encourages us to remember them all on the sitting President. My learn about our Government and to those intelligent men who put their hearts and guess is he’s going to be blamed over better understand our Constitution. So souls into developing a system to give equality and over and over for probably a long let us, we, who have the honor to rep- and representation to all people, and as we period of time for those things. resent the people, join together in uni- stand together now, after 221 years, we must But the American people are smarter son for support for House Resolution recognize their important part in developing than that. They know that the Con- 1356. the Constitution that governs our great Nation gress itself has the responsibility for Ms. JACKSON-LEE of Texas. Mr. Speaker, today. doing many of the things that we do I rise in strong support of H.R. 1356, Cele- Ms. McCOLLUM of Minnesota. Mr. not do, and again, the bill yesterday is brating the 221st anniversary of the signing of Speaker, I yield back the balance of an example of that. the Constitution of the United States of Amer- my time.

VerDate Aug 31 2005 03:46 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.073 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8336 CONGRESSIONAL RECORD — HOUSE September 17, 2008 The SPEAKER pro tempore. The essary to mitigate aircraft noise in instruc- tion Act of 2007, on September 20, 2007. question is on the motion offered by tional classrooms to an interior noise level The Senate has not acted on the FAA the gentlewoman from Minnesota (Ms. meeting current standards of the Federal reauthorization. Aviation Administration; and MCCOLLUM) that the House suspend the Mr. Speaker, I support S. 996, and I ‘‘(v) the project otherwise meets the re- rules and agree to the resolution, H. quirements of this section for authorization urge my colleagues both on and off the Res. 1356. of a passenger facility fee. Aviation Subcommittee—and on both The question was taken. ‘‘(B) ELIGIBLE PROJECT COSTS.—In subpara- sides of the aisle to stay germane to The SPEAKER pro tempore. In the graph (A)(iv), the term ‘eligible project the topic—to support this good legisla- opinion of the Chair, two-thirds being costs’ means the difference between the cost tion. Students and teachers deserve in the affirmative, the ayes have it. of standard school construction and the cost quiet classrooms in order to maximize Ms. FOXX. Mr. Speaker, I object to of construction necessary to mitigate class- learning. the vote on the ground that a quorum room noise to the standards of the Federal Mr. Speaker, I reserve the balance of Aviation Administration.’’. is not present and make the point of my time. order that a quorum is not present. The SPEAKER pro tempore. Pursu- Mr. GRAVES. Mr. Speaker, I yield The SPEAKER pro tempore. Pursu- ant to the rule, the gentlewoman from myself such time as I may consume. California (Ms. RICHARDSON) and the ant to clause 8 of rule XX and the Mr. Speaker, I rise in support of S. gentleman from Missouri (Mr. GRAVES) Chair’s prior announcement, further 996. This bill is going to help alleviate each will control 20 minutes. proceedings on this motion will be the impact of airport noise in Los An- The Chair recognizes the gentle- geles, California, by permitting pas- postponed. woman from California. The point of no quorum is considered senger facility charges collected by the GENERAL LEAVE withdrawn. Los Angeles International Airport to Ms. RICHARDSON. Mr. Speaker, I be used for noise mitigation during the f ask unanimous consent that all Mem- construction of a new school. ALLOWING USE OF PASSENGER bers may have 5 legislative days within Furthermore, this bill defines the FACILITY FEES FOR NOISE RE- which to revise and extend their re- projects that are eligible to ensure that DUCTION AT CALIFORNIA marks and to include extraneous mate- money intended for noise mitigation is SCHOOLS rial on S. 996. used for exactly that and nothing else. The SPEAKER pro tempore. Is there This bill is yet another provision to be Ms. RICHARDSON. Mr. Speaker, I objection to the request of the gentle- pulled from H.R. 2881, the Federal move to suspend the rules and pass the woman from California? Senate bill (S. 996) to amend title 49, There was no objection. Aviation Administration Reauthoriza- United States Code, to expand pas- Ms. RICHARDSON. Mr. Speaker, I tion Act of 2007, and moved as a stand- senger facility fee eligibility for cer- yield myself such time as I may con- alone bill. tain noise compatibility projects. sume. Unfortunately, our counterparts in The Clerk read the title of the Senate Mr. Speaker, today we are consid- the Senate have not been able to reach bill. ering S. 996, legislation to amend title an agreement among themselves and The text of the Senate bill is as fol- 49 of the United States Code to expand pass a comprehensive 4-year bill, and lows: passenger facility fee eligibility for time is running out to get just such a bill done this year. S. 996 certain noise compatibility projects. Under the direction of Congressman Mr. Speaker, I would urge the Senate Be it enacted by the Senate and House of Rep- to settle their differences and allow the resentatives of the United States of America in COSTELLO, chairman of the Aviation Congress assembled, Subcommittee, Americans in Cali- Congress to send much-needed relief to an agency in turmoil as well as the fly- SECTION 1. EXPANDED PASSENGER FACILITY fornia living and attending schools in FEE ELIGIBILITY FOR NOISE COM- the vicinity of airports will now get re- ing public. PATIBILITY PROJECTS. lief. Mr. Speaker, I reserve the balance of Section 40117(b) of title 49, United States The FAA predicts that 1 billion pas- my time. Code, is amended by adding at the end the sengers will fly in the United States by Ms. RICHARDSON. Mr. Speaker, I following: 2016. One of the elements that will yield as much time as she might con- ‘‘(7) NOISE MITIGATION FOR CERTAIN limit this national airspace capacity sume to Congresswoman JANE HARMAN, SCHOOLS.— the gentlelady from the great State of ‘‘(A) IN GENERAL.—In addition to the uses growth is noise. S. 996 will allow a 2005 specified in paragraphs (1), (4), and (6), the agreement between the Los Angeles California. Secretary may authorize a passenger facility World Airports and the Lennox and Ms. HARMAN. I thank the gentle- fee imposed under paragraph (1) or (4) at a Inglewood school districts to go for- woman for yielding to me. She is one of large hub airport that is the subject of an ward providing over $200 million to- the newest Members of Congress, but amended judgment and final order in con- wards noise mitigation in these school she is a very active Member of the demnation filed on January 7, 1980, by the districts over 10 years. Transportation and Infrastructure Superior Court of the State of California for This legislation was introduced by Committee, succeeding our late col- the county of Los Angeles, to be used for a league, Juanita Millender-McDonald, project to carry out noise mitigation for a Representative JANE HARMAN in the building, or for the replacement of a House and Senators DIANNE FEINSTEIN in that position. I want to commend relocatable building with a permanent build- and who passed it in her for her interest in this issue and for ing, in the noise impacted area surrounding the Senate by unanimous consent on all she does for the Ports of L.A. and the airport at which such building is used February 28, 2008, which represents an Long Beach and for Los Angeles Inter- primarily for educational purposes, notwith- appropriate compromise to noise prob- national Airport, LAX, which is near standing the air easement granted or any lems for schools surrounding the Los her district, surrounded by my district terms to the contrary in such judgment and Angeles Airport. and represented by Ms. WATERS who is final order, if— S. 996 will enable new construction in a coauthor of this legislation. ‘‘(i) the Secretary determines that the I rise in strong support of this bill, building is adversely affected by airport some instances because sound insula- noise; tion and other retrofitting of existing one that I introduced in the past two ‘‘(ii) the building is owned or chartered by buildings do not always provide mean- Congresses and which, as you heard, the school district that was the plaintiff in ingful noise relief. Furthermore, this has already passed the Senate. case number 986,442 or 986,446, which was re- legislation defines eligible project cost Imagine, Mr. Speaker, sitting at a solved by such judgment and final order; for any new construction as limited to desk trying to memorize a verse or ‘‘(iii) the project is for a school identified the difference in cost between con- tackle a math problem as jet planes in 1 of the settlement agreements effective structing, ordinary building code roar overhead every 3 minutes. Let me February 16, 2005, between the airport and repeat that. I have been there to see it. each of the school districts; standards for schools, and the cost of ‘‘(iv) in the case of a project to replace a incorporating noise mitigation fea- Every 3 minutes, a jet plane roars relocatable building with a permanent build- tures in construction. above the little school buildings in ing, the eligible project costs are limited to The House passed this language as Lennox, California, immediately east the actual structural construction costs nec- part of H.R. 2881, the FAA Reauthoriza- of LAX.

VerDate Aug 31 2005 03:46 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.077 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8337 The children of Lennox, a mostly national Airport and just how impor- ent on the United States and to Ameri- working-class community, manage tant that part of the transportation canize United States resources. We amazingly well. I’m enormously proud system is to this country and how don’t have to harm our environment in of the fact that they win educational much we are going to lose in this coun- any way. We can work with our envi- awards despite studying in classrooms try if pieces of legislation like the un- ronment. And we continue to use those that resemble bunkers. And yet Mr. American energy bill that was passed resources that are un-American. Speaker, for the past 3 years, despite last night are enacted into law. So it’s unfortunate, again, that we the fact that they reached agreement It’s unfortunate because so many passed such an un-American bill in this with LAWA, the Los Angeles World things in this country travel. Every Chamber last night. Many of us did not Airport Authority, to receive noise single product, every single person in support that bill simply because it mitigation funds, they’ve been unable this country travels one way or an- makes us more dependent on those for- to get those funds because of a tech- other, either by train or by plane or by eign sources of oil and it locks away nical glitch in the law. ship or by barge or by pipeline or by the biggest percentage of that oil that That means, Mr. Speaker, that truck. Everything in this country trav- we have and those resources that we school construction has been stalled in els, and we are a country that is very, have right here in the United States. It Lennox and in adjacent Inglewood. So very dependent on foreign sources of didn’t even address the refining issue we have tried these 3 years to fix that oil, unfortunately, for those products that we have in the United States and glitch, and that is exactly what this that we need for gasoline, for diesel the capacity problems that we have in bill will do. fuel. the United States. And that’s as much I want to point out—I don’t think the We would like to see, and I would a part of this as anything else. bill’s manager said this—that this bill like to see, that dependence reduced. So all of these modes of transpor- does not require the expenditure of new That dependence needs to be reduced, tation, we’re going to be doing a few funds. All it does is authorize LAWA to and we have the resources right here in things here for a little while, talking release funds it already has. All it does the United States. Unfortunately, the about different areas of transportation. is provide emergency relief to a lot of bill that was passed last night locked It’s unfortunate because all of those kids in a working-class part of Los An- away the biggest chunk of those re- modes of transportation carry those geles who have endured the most oner- sources permanently. That bill perma- goods and those people from one place ous conditions while trying to learn. nently put away any opportunity to go to another. And when the price of that I want to thank a lot of people for after those resources off the Outer Con- energy goes up, it costs consumers making possible what I hope will be a tinental Shelf between zero and 50 money. It costs everyone out there victory today: First of all, the leader- miles where the biggest chunk of those more money when it comes to pur- ship of the T&I Committee, Chairman resources are and where it would be the chasing those products or just trans- porting themselves from one place to OBERSTAR and Ranking Member MICA; easiest to go after those resources. another. Ms. RICHARDSON; my co-author Ms. WA- It’s unfortunate because there are no So again, a very un-American energy TERS; and Senators BOXER and FEIN- alternatives in certain areas of trans- bill was passed out of this Chamber STEIN, all of whom helped get this bi- portation, for instance, aviation, which last night. And we hope that we will be partisan bill on the consent calendar we’re talking about today. There are able to have an American energy bill, today. no alternatives but aviation fuel. It I also want to thank former FAA Ad- one that is dependent on American comes from petroleum. No alternatives sources, sometime soon before this ministrator Marion Blakley who, while are out there. Congress breaks in October. This Con- a part of this administration, came to It will be nice one of these days in gress continues to break time and time see Lennox, understood what the prob- this country when we do have alter- again without addressing this issue, lems were, and lent her staff to us to natives to address some of our issues without coming up with a bill that will help draft this in a way that it would when it comes to being a country so de- solve those problems and will go to the get support from the administration. It pendent on petroleum, on gasoline, and President’s desk. And it’s unfortunate, has the support of the FAA, it has the diesel fuel. Mr. Speaker. support of OMB, it has the support of b 1545 I reserve the balance of my time. the Republican side of the aisle; and Ms. RICHARDSON. Mr. Speaker, I We already have a few great hybrids it’s a model, in my view, of the way would gladly like to get back to the in this country, whether it’s electricity legislation should be developed and topic at hand, which is really dis- or ethanol or biofuels. We have some passed in this House. cussing the bill of S. 996. So, Mr. great alternatives. But if you’re talk- Finally, I want to thank Congress- Speaker, I yield as much time as the man DAVID DREIER who made sure that ing about real power to pull a train or great lady might consume, Congress- to drive a ship or to push a barge or to we could get the bill to the floor today. woman MAXINE WATERS from the great He is not here because just a few days pull farm machinery or to pull a truck State of California. ago his mother unexpectedly passed or to fly an airplane, we have to have Ms. WATERS. Mr. Speaker and Mem- away. I want to send my sympathy to fuel. And it’s unfortunate that we con- bers, I would like first to thank Con- him and his family at a tough time and tinue to see pieces of legislation gresswoman LAURA RICHARDSON for al- note that this bill helps kids just like brought forth in this Chamber that do lotting me time to speak on this bill kids in his Southern California dis- absolutely nothing to address our real that I have coauthored with Congress- trict. This bill does good things for need in this country. And we’re talking woman JANE HARMAN. I thank her for education, and this bill does good about all of those things that are im- her interest. things for the reputation of this House. portant to us for energy—nuclear I had an opportunity to talk with I ask for an ‘‘aye’’ vote. power, clean-burning coal technology, Congresswoman LAURA RICHARDSON on Mr. GRAVES. Mr. Speaker, how coal to gas, more drilling in places like our way to the floor, where she told me much time do I have? ANWR and the Outer Continental about similar problems that she has The SPEAKER pro tempore. The gen- Shelf, and all of those areas through- encountered in the Long Beach area tleman from Missouri has 19 minutes out the United States that have oil. dealing with the Long Beach Airport. remaining. And we can do it in such an environ- So I know of her concern, and I thank Mr. GRAVES. I was going to pretty mentally friendly way. And that’s one her for the interest that she is showing much just talk about the specific mer- of the most frustrating parts of this en- in this bill. its of S. 996, but since my colleague tire argument. We can do it in such an Of course I rise in strong support of pointed out that we should stay on environmentally friendly way because S. 996, the Senate companion bill to topic, I think I would just expand just of the technologies today that allow us H.R. 1708, a bill, again, that was intro- a little bit because this is an aviation to do so many different things under- duced by Congresswoman JANE HARMAN bill, this is talking about—and it was ground when it comes to those wells and myself. This bill permits funding mentioned—the number of planes fly- and comes to those rigs. We don’t have for noise mitigation in local schools in ing in and out of Los Angeles Inter- to hurt our environment to be depend- the cities of Inglewood and Lennox.

VerDate Aug 31 2005 03:46 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.079 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8338 CONGRESSIONAL RECORD — HOUSE September 17, 2008 The city of Inglewood is located in it’s a good bill. I think it makes sense, RECOGNIZING NORTH PLATTE, my district. Mr. Speaker and Members, obviously. And in light of time, I will NEBRASKA, AS ‘‘RAIL TOWN USA’’ this is a proud little city of 17,750 stu- urge support. Ms. CORRINE BROWN of Florida. dents. We have 13 elementary schools, Mr. Speaker, I yield back the balance Mr. Speaker, I move to suspend the six secondary schools, one preschool, of my time. rules and agree to the concurrent reso- and one community adult school in the Ms. RICHARDSON. Mr. Speaker, I lution (H. Con. Res. 408) recognizing Inglewood Unified School District. join my colleague on the other side of North Platte, Nebraska, as ‘‘Rail Town These schools are very, very important the aisle in great support of this bill, S. USA’’. to this community. The Clerk read the title of the con- In 2005, the City of Los Angeles set- 996. As has been stated by the original current resolution. tled a lawsuit with the Inglewood and The text of the concurrent resolution author, Ms. HARMAN, and the coauthor, Lennox School Districts. Under the is as follows: settlement, the Los Angeles World Air- Ms. WATERS, this is about children hav- H. CON. RES. 408 ports, known as LAWA, agreed to pro- ing the ability to hear in the classroom vide the two cities funding for noise and to learn, which I think is what all Whereas the community of North Platte, Americans are looking for. Nebraska, in western Nebraska is located at mitigation in local schools; however, the convergence of the North and South Federal Aviation Administration rules We urge all of our colleagues to sup- Platte Rivers and possesses a rich and vi- have prevented the funds from being port S. 996. brant history; paid. S. 996 will allow the 2005 agree- Mr. OBERSTAR. Mr. Speaker, I rise in Whereas the railroad has played a signifi- ment to go forward. strong support of S. 996, which authorizes the cant role in the history of the community; Specifically, S. 996 allows Los Ange- Whereas, on January 2, 1867, main line op- Secretary of Transportation to permit pas- erations officially commenced in North les World Airports to use airport pas- senger facility fees to be used for school senger facility fees for noise mitigation Platte, Nebraska; sound mitigation in certain school districts in projects at Lennox and Inglewood Whereas trains were vital during our coun- flight paths to the Los Angeles International try’s war efforts, transporting troops, equip- schools. The bill permits funding of Airport. ment, and supplies across the country; $111 million for the Lennox District This bill was included as section 113 of H.R. Whereas during World War II hundreds of and $118.5 million for the Inglewood citizens from North Platte, Nebraska, assem- School District over 10 years. 2881, the ‘‘FAA Reauthorization Act of 2007,’’ bled at the local depot to greet troops pass- As you know, Los Angeles Inter- which passed the House on September 20, ing through town by train and provide sol- national Airport is in my district. And 2007. Regrettably, the other body has been diers with food, coffee, and gifts; I represent not only Inglewood, but unable to complete action on the Federal Whereas for 54 months between 1941 and several other communities in this dis- Aviation Administration (‘‘FAA’’) reauthorization 1946, millions of troops found a small bit of trict and this very important economic bill. Given the Senate inaction on the reauthor- comfort when their trains stopped in North engine, the Los Angeles International ization bill, the gentlewoman from California Platte, Nebraska; Whereas at the war’s peak 3,000 to 5,000 (Ms. HARMAN) has asked the Committee on Airport. And there are many issues personnel were greeted daily, with North that we are confronted with. Transportation and Infrastructure to consider Platte, Nebraska, sometimes hosting up to 20 I belong to a strong coalition in the S. 996 to allow this time-sensitive legislation to trains a day; district working to make sure that we, be enacted in advance of the reauthorization Whereas Bailey Yard in North Platte, Ne- of course, maintain and support this bill. braska, is the largest railroad classification economic engine, but at the same time, S. 996 will allow the Los Angeles World Air- yard in the world; make sure that we attend to the needs ports and the Lennox and Inglewood school Whereas Bailey Yard covers 2,850 acres, of the people and deal with the noise reaching a total length of 8 miles, and con- districts in southern California to execute a tains 315 miles of track; and disruption that is caused by the 2005 agreement between the airport and the Los Angeles International Airport. Whereas every 24 hours, Bailey Yard han- school districts to allow more than $200 million dles 10,000 railroad cars; and It is sometimes a challenge, and we of passenger facility fees to be used for noise Whereas Mid-Plains Community College in cannot always take the side of our mitigation in schools in the affected school dis- North Platte, Nebraska, offers railroad-spe- international airport. We have to be tricts. In some schools, sound insulation and cific courses in order to enhance student concerned about the quality of life for retrofitting of existing buildings may not pro- preparation for possible employment in the all of the people in that area, and par- vide meaningful noise relief, so a new building railroad discipline: Now, therefore, be it ticularly our school children. Airplanes Resolved by the House of Representatives (the must be constructed. Pursuant to this legisla- Senate concurring), That Congress recognizes arriving at and departing from Los An- tion, eligible project costs for any new con- geles International Airport cause ex- North Platte, Nebraska, as ‘‘Rail Town struction are limited to the difference in cost USA’’. cessive noise in my district. Deafening between constructing to ordinary building code noise and rattling windows frequently The SPEAKER pro tempore. Pursu- standards for schools and the cost of incor- ant to the rule, the gentlewoman from interfere with the education of school porating noise mitigation features in the con- children. Noise causes disruptions in Florida (Ms. CORRINE BROWN) and the struction. lessons, making it very difficult for gentleman from Missouri (Mr. GRAVES) students to learn and diminishing the Mitigating noise is an important element to each will control 20 minutes. opportunity to study in a stable and expanding capacity in our national air space. The Chair recognizes the gentle- calm environment. Noise mitigation This legislation does just that by helping to woman from Florida. funding is essential to allow the school create an environment where students can GENERAL LEAVE districts to construct permanent learn free from the distraction of jet noise. Ms. CORRINE BROWN of Florida. sound-proof facilities and help sound- I urge my colleagues to join me in sup- Mr. Speaker, I ask unanimous consent proof existing schools. porting S. 996. that all Members have 5 legislative This bill was drafted with the assist- Ms. RICHARDSON. Mr. Speaker, I days within which to revise and extend ance of the Federal Aviation Adminis- yield back the balance of my time. their remarks and include additional tration and has the support of the The SPEAKER pro tempore (Mr. materials on House Concurrent Resolu- Inglewood and Lennox School Dis- tion 408. BLUMENAUER). The question is on the The SPEAKER pro tempore. Is there tricts, the Los Angeles World Airports motion offered by the gentlewoman (LAWA), and the mayor of the City of objection to the request of the gentle- from California (Ms. RICHARDSON) that woman from Florida? Los Angeles. the House suspend the rules and pass Again, I would like to thank Con- There was no objection. the Senate bill, S. 996. gresswoman HARMAN for initiating this Ms. CORRINE BROWN of Florida. much-needed solution to the problems The question was taken; and (two- Mr. Speaker, I yield myself as much of noise and disruption that interferes thirds being in the affirmative) the time as I may consume. with our children’s ability to learn in a rules were suspended and the Senate Mr. Speaker, we are seeing a rebirth noise-free school environment. bill was passed. of the passenger and freight rail indus- Mr. GRAVES. Mr. Speaker, I urge my A motion to reconsider was laid on try in this country, and it couldn’t colleagues to support S. 996. I do think the table. come soon enough. This week, Congress

VerDate Aug 31 2005 03:46 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.081 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8339 is working on legislation that will help from groceries to building supplies, and daughters, the Nebraskans gath- provide solutions to the energy crisis from coal to new automobiles. The ered would not let these brave young this Nation is facing. One sure way to yard is home to over 2,600 hardworking men travel on without knowing they do this is to increase the use of pas- railroad employees. And Bailey Yard were supported and honored. They were senger and freight rail. covers 2,850,000 acres containing 315 offered food, coffee and gifts, just as if The only current mode of transpor- miles of track. they were Nebraska’s own. tation that is greener than rail is your The Union Pacific Railroad, Madam Rae Wilson, in fact, a sister to one of sneakers. Freight rail has made major Speaker, has invested heavily in Bailey the troops from Nebraska, took it upon gains in fuel efficiency through train- Yard, over $100 million in the modern herself to write a letter to the local ing and improved locomotive tech- area. This kind of investment in rail paper suggesting that citizens gather nology. A single intermodal train can infrastructure is exactly what this for all trains of troops passing through take up to 280 trucks off of the high- country needs to keep our economy North Platte. On December 22, 1941, a ways. Today, one gallon of diesel fuel strong. canteen committee was organized, and can move a ton of freight an average of Railroads are a very important com- Rae was chosen as chairwoman. Just 3 414 miles, a 76 percent improvement ponent of our Nation’s transportation days later, the canteen officially since 1980. infrastructure and we should continue opened its doors from 5 a.m. to mid- Passenger rail ability to reduce con- to support the rail industry. night, all volunteers. During its busiest gestion is well known, with ridership In that spirit, I urge passage of H. period, the canteen would be open 24 numbers increasing steadily each year. Con. Res. 408, honoring North Platte’s hours a day, again, all volunteers hon- One full passenger train can take up to contribution to our country’s economic oring the troops. 250–350 cars off of the road. vitality. Before Union Pacific switched to die- Passenger rail also consumes less en- Madam Speaker, I reserve the bal- sel-electric power, North Platte was a ergy than both automobiles and com- ance of my time. designated servicing point. While the trains were being serviced, soldiers vis- mercial airlines. Every industrialized b 1600 country in the world is already using ited the canteen. At the war’s peak, high-speed rail to effectively move citi- Ms. CORRINE BROWN of Florida. 3,000 to 5,000 personnel were greeted zens in an environmentally friendly Madam Speaker, I reserve the balance daily with North Platte sometimes way. Sadly, the United States used to of my time. hosting up to 20 trains a day. In fact, be the leader in rail; now we’re the ca- Mr. GRAVES. Madam Speaker, I these volunteers from 125 communities boose, and they don’t even use cabooses would like to recognize Mr. ADRIAN in and around the State contributed anymore. Fortunately, we will be SMITH who is the original cosponsor, with donations of time, money, sup- changing that with the upcoming pas- the primary sponsor of this legislation. plies, food and smiles. More than 6 mil- sage of the Amtrak Reauthorization I yield him as much time as he may lion service men and women who trav- bill. consume. eled through Nebraska during World Today, we celebrate the contribu- Mr. SMITH of Nebraska. Thank you, War II were greeted by the North tions of our Nation’s rail once again by I appreciate that. Platte Canteen. A total of $137,000, and recognizing North Platte, Nebraska, as First I would like to thank Chairman more than that in cash, was contrib- ‘‘Rail Town, USA.’’ OBERSTAR, Chairwoman BROWN, Rank- uted to the canteen over its operation. North Platte has a long and storied ing Member MICA and Ranking Member Today the effort of the North Platte history as a railroad town. During SHUSTER for their support of this reso- Canteen during World War II is still a World War II, North Platte hosted up lution. As you’ve heard, this resolution source of pride within the community to 20 trains full of soldiers each day, would recognize North Platte, Ne- and throughout Nebraska. And the and today is home to the Bailey Yard, braska, as Rail Town USA. North town’s relationship with the railroad which is considered the largest rail Platte is a thriving community of over continues to be recognized as an impor- classification yard in the world, han- 25,000 people possessing a rich history tant part of North Platte’s history. dling 10,000 railroad cars each day. dating back to before it was organized I would like to elaborate, Madam From 1941–1946, more than six million as a city in 1874. Speaker, that today, as we look at the service men and women were greeted Today North Platte is home to Bai- canteen issues and the railroad in gen- by North Platte volunteers who pro- ley Yard, owned and operated by the eral, we know that North Platte, the vided food, needed supplies and hospi- Union Pacific Railroad. Bailey Yard is railroad and the Bailey Yard contrib- tality to the World War II veterans and the largest rail classification yard in uted significantly to our energy sup- provided care baskets to wounded sol- the world. Every 24 hours, Bailey Yard ply, with coal trains coming through diers returning home. handles 10,000 railroad cars and an av- from the coal fields of Wyoming. They I want to commend Congressman erage of 135 trains bound for cities as come through Nebraska and many SMITH for this legislation and thank distant as the east, west, and gulf other places, but this rail yard specifi- the town of North Platte, Nebraska, for coasts of America, as well as the Cana- cally, and there are thousands of work- the contributions to our brave soldiers dian and Mexican borders. ers, specifically many workers associ- during World War II. In addition to the current impor- ated with the United Transportation I urge Members to support this reso- tance of the railroad to North Platte, Union, who are employed with good lution. the community and railroad also share jobs contributing to the energy supply Mr. Speaker, I reserve the balance of a storied past of goodwill during World of our Nation. my time. War II. For 54 months between 1941 and I only hope that we can come up with Mr. GRAVES. Mr. Speaker, I yield 1946, millions of troops found a small a policy that is more friendly to clean myself such time as I may consume. bit of comfort when their trains coal. And this can help all of us. This Mr. Speaker, I support this resolu- stopped in North Platte. One December provides jobs for those in middle Amer- tion recognizing North Platte, Ne- day, word spread that Company D of ica. But more than that, it provides a braska, as ‘‘Rail Town USA.’’ Nebraska’s National Guard was going stimulus package, if you will, that is North Platte is home to Bailey Yard, to travel through North Platte later through more affordable energy. recognized by the Guinness Book of that morning. As it does in close-knit Ms. CORRINE BROWN of Florida. World Records as the world’s largest communities, word traveled rapidly. Once again I want to add that for bet- railroad classification yard. Though the train was scheduled to ar- ter than 4 years, day in and day out, At Bailey Yard, as was pointed out rive mid-morning, no train had arrived over 50,000 people contributed food, by the gentlelady, an astounding 10,000 by 4:30 p.m. Shortly thereafter, the money and efforts to one of the proud- rail cars a day are sorted and put to- nearly 500 people who had gathered to est moments in our history during gether in trains that move freight all show support for their fellow Nebras- World War II. Day in and day out, from across this country. These trains are kans were instead surprised to find the early in the morning until the last loaded with commodities that keep our train loaded with troops from Kansas. train would leave at night, between economy going, ranging everywhere Though not their expected native sons 2,000 and 5,000 soldiers and sailors

VerDate Aug 31 2005 03:46 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.084 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8340 CONGRESSIONAL RECORD — HOUSE September 17, 2008 would be fed nearly 200 loaves of bread, In this time where Americans are stand the solution to the problem is 100 pounds of meat, 50 pounds of coffee suffering, they should expect no less not by drilling and drilling alone. and over 100 quarts of milk. More than from their servants in Congress than to I reserve the balance of my time. 300 organizations made sandwiches, do this. Because to do anything else is Mr. GRAVES. Madam Speaker, be- boiled eggs, fried chicken and baked to diminish not only ourselves as your fore I close, I want to thank the cakes and pies. The war wounded were servants, if that were possible in this gentlelady from Florida for pointing provided with razors, canes, tooth- Democratic Congress, but it diminishes out that passing Amtrak or Amtrak brushes and care baskets to make their the institution itself as a beacon of rail service is very important. It is ex- return home a welcome one. One of the representative democracy for all the tremely important to be able to move most famous residents of North Platte world. people around in a much more efficient was Colonel William F. Cody, best Critically, I think we can change way. And I might remind the known as Buffalo Bill. Buffalo Bill this. I think there is still time that we gentlelady that Amtrak depends on one made North Platte his home for more could learn from the people of North thing, and that is diesel fuel. And you than 30 years. Platte, Nebraska, and their worthy his- can’t have diesel fuel if you don’t have Today North Platte is the home of tory, that we still have time to come drilling. As long as we are dependent Bailey Yard and operated by Union Pa- together. And if we do not come to- on nations such as Saudi Arabia and cific Railroad. It is considered the larg- gether before this Congress adjourns, a such as Venezuela, we’re going to be continually at their mercy when it est rail classification yard in the relatively short period of time, I sug- comes to getting those resources. But world. Every 24 hours, Bailey Yard han- gest we make a commitment to each we have to have drilling to have diesel dles over 10,000 railroad cars. Bailey other, like the people of North Platte, fuels to have trains on the track. It is Yard handles daily an average of 135 Nebraska. Let us tell the American all interconnected, and it’s all very im- people that until this energy crisis of trains bound for cities as far distant as portant. the east, west and gulf coasts of Amer- our time is solved, until their servants The gentlelady is exactly right. Rail ica, as well as the Canadian and Mexi- in the United States Congress come to- service in this country can do a whole can borders. gether on a truly bipartisan bill that lot toward taking vehicles off the road. I really want to be one of the ones to can be signed into law and relieve your And bringing our rail service back in offer congratulations and our thanks pain at the pump and guarantee Amer- this country I think is a very worthy as a grateful people to North Platte. ican energy and security, we will stay goal for the United States. Moving as I reserve the balance of my time. here. We will serve the full time that much goods and people by rail, I think, Mr. GRAVES. Madam Speaker, I you elected us to work in this Chamber just makes it more efficient. would yield such time as he may con- on your behalf. Because to leave here I mentioned before that every single sume to the gentleman from Michigan and go play politics while the Amer- thing in this country moves. It’s either (Mr. MCCOTTER). ican people suffer is not worthy of this by train or by plane or by ship or by Mr. MCCOTTER. The joys of a segue. institution, and it is certainly not wor- barge or by pipeline or by truck or by It’s right in this time to concede that thy of the example set forward by the car. But every single thing in this despite Republicans over the course of people of North Platte, Nebraska, Rail country moves. And every person in August talking about the Democratic Town USA. this country moves. And when we get majority taking a 5-week paid vaca- Ms. CORRINE BROWN of Florida. more efficient and put them on a train, tion, that we do recognize when this in- Madam Speaker, how much time re- we need diesel fuel. And the only way stitution has acted with due alacrity. mains on both sides, please? we are going to get diesel fuel is to Today we have before us the oppor- The SPEAKER pro tempore (Ms. have more oil production in the United tunity to name North Platte, Ne- BALDWIN). The gentlewoman from Flor- States and be able to refine it. braska, Rail Town USA. We could not ida controls 15 remaining minutes, and I appreciate what the gentlelady has have done so at a better time, because the gentleman from Missouri controls done today, particularly with North jumping into the competition for the 101⁄2 remaining minutes. Platte. North Platte is one big rail fa- coveted title of Rail Town USA is Ms. CORRINE BROWN of Florida. cility, a big rail facility out in Ne- Washington, D.C. Madam Speaker, I don’t want the peo- braska. Obviously ADRIAN is doing a This week we have seen a bill drafted ple at home to get confused. Today we fantastic job for his area. I want to in the dead of night, sent to this floor are honoring the people of North thank the gentlelady. She has a lot of and rubber-stamped by the Democratic Platte, USA, for their major contribu- heart, and she is one of my favorite majority and proclaimed to solve tion as far as rail is concerned. But I people in Congress. America’s energy crisis. This is as un- think that there is no stronger bill I yield back the balance of my time. fortunate as it is injurious. America more that we can do in this Congress b 1615 has an energy crisis. It also has rep- than to pass the Amtrak bill. I want to Ms. CORRINE BROWN of Florida. In resentative institutions who seek to be clear. I mention that Congress is closing, once again let’s thank the peo- deal with this problem, so the proc- working on legislation that would pro- ple of North Platte for what they have esses put forward, so that the voices of vide solutions to the energy crisis. And done during World War II. Also, as we our constituents could be heard, so the solution, in my opinion, is not just move forward in discussing energy, we that true compromise could be found. drilling. That is one of the comprehen- need comprehensive energy. One thing And yet in Rail Town Washington, sive proposals. that was missing was coal. We have what have we seen as a result? A sham But the major solution to our prob- enough coal in this country for 600 energy bill sent to a Democratic Sen- lem in this country as far as energy is years. I know that burning coal some- ate by a Democratic House, and a pro- concerned is not just to provide drill- times pollutes the air, but any country nunciation from a Democratic Senator ing off the Florida coast. It is also to that can go to the moon, we can come herself was that the bill was dead on provide rail service. We, in this coun- up with a way to burn coal and not be arrival. What we do today is important try, as I say over and over and over dependent. to recognize Rail Town USA. But as again, are the caboose. The caboose. So we need a comprehensive ap- the gentlelady pointed out, what Amer- And we don’t use cabooses in trains proach to energy. The answer is not icans can do and the challenges they anymore. I went from downtown Paris just drilling. We need comprehensive can transcend acting together is what to downtown Brussels, over 200 miles, 1 approaches to dealing with our moving truly makes North Platte, Nebraska, hour and 15 minutes, downtown Bar- people, goods and services so we can be Rail Town USA, because it shows what, celona to downtown Madrid, 300 miles, competitive with our competition. in a time of crisis, people coming to- in 21⁄2 hours. That is the future of our Mr. OBERSTAR. Madam Speaker, I rise in gether for the common good, sincerely country. We have to move people, support of H. Con. Res. 408, recognizing and earnestly, putting forth the effort goods and services, if we are going to North Platte, Nebraska, as ‘‘Rail Town USA.’’ can accomplish. We could well learn be competitive with the rest of the North Platte has a rich tradition of rail- and emulate their efforts. And yet we world. Our competition is moving. We roading. The Union Pacific Railroad flrst en- do not. need to move America and to under- tered North Platte on December 3, 1866, as

VerDate Aug 31 2005 03:51 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4634 Sfmt 9920 E:\CR\FM\K17SE7.085 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8341 railroads were building into the West and just JOHN F. KENNEDY CENTER Capital Planning Commission or the Commission one month later, on January 2, 1867, main REAUTHORIZATION ACT OF 2008 of Fine Arts. line operations began through the city of North The SPEAKER pro tempore. Pursu- Ms. EDDIE BERNICE JOHNSON of ant to the rule, the gentlewoman from Platte. Texas. Madam Speaker, I move to sus- During World War II, the city was best Texas (Ms. EDDIE BERNICE JOHNSON) pend the rules and concur in the Sen- and the gentleman from Missouri (Mr. known for the North Platte Canteen, which ate amendment to the bill (H.R. 3986) GRAVES) each will control 20 minutes. served as a major rest point for soldiers head- to amend the John F. Kennedy Center ing across the country by rail to fight in the The Chair recognizes the gentle- Act to authorize appropriations for the woman from Texas. war. The people of North Platte famously John F. Kennedy Center for the Per- GENERAL LEAVE brought food, water, and other necessities to forming Arts, and for other purposes. more than 6 million members of the armed The Clerk read the title of the bill. Ms. EDDIE BERNICE JOHNSON of forces passing through the city. The text of the Senate amendment is Texas. Madam Speaker, I ask unani- Today, North Platte is served only by freight as follows: mous consent that all Members may trains, but it is home to one of the most impor- have 5 legislative days within which to tant rail yards in the world. The Bailey Yard, Senate amendment: In the Senate of the United States, June revise and extend their remarks and to named after former Union Pacific President Ed 26, 2008. include extraneous material on H.R. Bailey, is now recognized by the Guinness Resolved, That the bill from the House of 3986. Book of Records as the world’s largest classi- Representatives (H.R. 3986) entitled ‘‘An Act The SPEAKER pro tempore. Is there fication yard. It sits on 2,850 acres of land in to amend the John F. Kennedy Center Act to objection to the request of the gentle- North Platte, is 8 miles long, and is home to authorize appropriations for the John F. woman from Texas? 315 miles of track. Kennedy Center for the Performing Arts, and There was no objection. Bailey Yard prepares approximately 135 for other purposes.’’, do pass with the fol- Ms. EDDIE BERNICE JOHNSON of trains, or 10,000 individual rail cars, each day, lowing amendment: Texas. Madam Speaker, I yield myself shipping home products, food, coal, lumber, Strike out all after the enacting clause and insert: such time as I may consume. and many other necessary goods destined for Madam Speaker, I rise in strong sup- SECTION 1. SHORT TITLE. every corner of the country. port of the Senate amendment to H.R. North Platte’s contribution to the rail industry This Act may be cited as the ‘‘John F. Ken- nedy Center Reauthorization Act of 2008’’. 3986. The bill will authorize the John F. increased in the 1990s when Bailey Yard Kennedy Center for the Performing added east- and west-bound locomotive fuel- SEC. 2. TECHNICAL AMENDMENT. Section 2(a)(2)(J)(ii) of the John F. Kennedy Arts for 5 years, from fiscal year 2008 ing and servicing centers that now handle Center Act (20 U.S.C. 76h(a)(2)(J)(ii)) is amend- through fiscal year 2012. The House more than 8,500 locomotives per month. ed by striking ‘‘Public Works and Transpor- passed this bill on December 7, 2007, Railroads are often considered a barometer tation’’ and inserting ‘‘Transportation and In- and the Senate amended the bill to ex- of the American economy. When trains are frastructure’’. tend the authorization period from 3 moving—America is moving. To watch cars SEC. 3. PHOTOVOLTAIC SYSTEM. years to 5 years. I support the amend- pass through Bailey Yard is to see America The John F. Kennedy Center Act is amended ment. moving forward, and the people of North by inserting after section 6 (20 U.S.C. 76l) the The building’s 1.5 million square feet Platte are at the center of Bailey Yard’s suc- following: on 17 acres have been upgraded, refig- cess: more than 2,600 residents of North ‘‘SEC. 7. PHOTOVOLTAIC SYSTEM. ured and transformed to more easily Platte work at Bailey Yard, which makes up ‘‘(a) IN GENERAL.—The Board may study, and graciously accommodate the cen- more than 10 percent of North Platte’s popu- plan, design, engineer, and construct a photo- voltaic system for the main roof of the John F. ter’s 2 million annual visitors and pa- lation of 23,878. trons. The center is to be commended This weekend, North Platte is celebrating its Kennedy Center for the Performing Arts. ‘‘(b) REPORT.—Not later than 60 days before for giving a commitment not only to railroading heritage at Rail Fest, where beginning construction of the photovoltaic sys- the center’s programmatic side, but attendees will get the chance to see historic tem pursuant to subsection (a), the Board shall also the more mundane bricks and rail cars and locomotives, tour Bailey Yard, submit to the Committee on Transportation and mortar side that makes up the presi- learn about each job in the rail yard through Infrastructure of the House of Representatives dential memorial. The fact is that, actual hands-on training, learn about railroad and the Committee on Environment and Public first and foremost, this building is a Works of the Senate a report on the feasibility safety, and learn more about the history of memorial to President John F. Ken- railroading in North Platte. and design of the project.’’. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. nedy. Madam Speaker, I congratulate Notth Platte I am pleased to support the amended for their successes and urge my colleagues to Section 13 of the John F. Kennedy Center Act (20 U.S.C. 76r) is amended— bill, and urge the passage of H.R. 3986 join me in agreeing to H. Con. Res. 480, rec- with the Senate amendment. ognizing North Platte, Nebraska, as ‘‘Rail (1) by striking subsections (a) and (b) and in- serting the following: Madam Speaker, I reserve the bal- Town USA’’. ‘‘(a) MAINTENANCE, REPAIR, AND SECURITY.— ance of my time. Ms. CORRINE BROWN of Florida. There are authorized to be appropriated to the Mr. GRAVES. Madam Speaker, I Madam Speaker, I yield back the bal- Board to carry out section 4(a)(1)(H)— yield myself such time as I may con- ance of my time. ‘‘(1) $20,200,000 for fiscal year 2008; sume. The SPEAKER pro tempore. The ‘‘(2) $21,800,000 for fiscal year 2009; question is on the motion offered by ‘‘(3) $22,500,000 for fiscal year 2010; Madam Speaker, H.R. 3986, the John the gentlewoman from Florida (Ms. ‘‘(4) $23,500,000 for fiscal year 2011; and F. Kennedy Center Reauthorization Act, will authorize much-needed funds CORRINE BROWN) that the House sus- ‘‘(5) $24,500,000 for fiscal year 2012. pend the rules and agree to the concur- ‘‘(b) CAPITAL PROJECTS.—There are author- for the continued operation of the John ized to be appropriated to the Board to carry F. Kennedy Center, which was estab- rent resolution, H. Con. Res. 408. out subparagraphs (F) and (G) of section The question was taken. lished to celebrate the arts and honor 4(a)(1)— of the memory of President John F. The SPEAKER pro tempore. In the ‘‘(1) $23,150,000 for fiscal year 2008; opinion of the Chair, two-thirds being ‘‘(2) $16,000,000 for fiscal year 2009; Kennedy. in the affirmative, the ayes have it. ‘‘(3) $17,000,000 for fiscal year 2010; H.R. 3986, as amended by the Senate, Mr. GRAVES. Madam Speaker, I ob- ‘‘(4) $17,000,000 for fiscal year 2011; and authorizes the Kennedy Center for a 5- ject to the vote on the ground that a ‘‘(5) $18,500,000 for fiscal year 2012.’’; year period consistent with the cen- quorum is not present and make the (2) by redesignating subsection (d) as sub- ter’s facilities management plan. The point of order that a quorum is not section (e); and 5-year authorization will allow the present. (3) by inserting after subsection (c) the fol- Kennedy Center to manage the center lowing: The SPEAKER pro tempore. Pursu- in a responsible manner. ‘‘(d) PHOTOVOLTAIC SYSTEM.—There are au- ant to clause 8 of rule XX and the thorized to be appropriated to the Board such The House passed the version of this Chair’s prior announcement, further sums as are necessary to carry out section 7, to legislation in December of last year proceedings on this motion will be remain available until expended.’’. that included a 3-year authorization postponed. SEC. 5. EXISTING AUTHORITIES. for the Kennedy Center. The Senate The point of no quorum is considered Nothing in this Act limits or otherwise affects amendment provides a 5-year author- withdrawn. the authority or responsibility of the National ization to allow for a longer-term plan

VerDate Aug 31 2005 03:51 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.071 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8342 CONGRESSIONAL RECORD — HOUSE September 17, 2008 for the management of that center. ater, one of the most prominent thea- Shelf, and not being allowed to drill be- With this longer authorization, the ters, named after President Eisen- tween 50 and 0 miles of the coast. Kennedy Center can upgrade and main- hower, was closed for several years and That is unfortunate, because it is tain the facility, using a renovation underwent a complete renovation, and going to take all of the above. It is schedule that is both realistic and re- now is open. going to take solar power and wind sponsible. But I had the opportunity to attend power. It is going to take turning coal While the center has had financial the little ceremony and dinner com- into fuel. It is going to take burning management problems in the past, the memorating the reopening, and the coal in a very clean way. It is going to management of projects shows great Rogers family and others who have take drilling for oil in the United success in facilities management pol- helped lead that effort are also to be States. It is going to take conserva- icy. The master plan for the facility commended in this commentary this tion, which is obviously a very big part provides an aggressive plan for care afternoon. of this. It is going to take all of those and repair of the facilities. I believe Most folks don’t know this now, and things. that the long-term master plan pre- I really wasn’t aware of it until this What we need in this country is a sented by the board of directors lays dinner, but the Kennedy Center was ac- real energy plan that does just that out a responsible vision for the center. tually the idea and one of the primary and that uses all of the above; not just Many of the projects in the center’s projects of Dwight David Eisenhower. a little bit of the above, but all of the budget will repair and renovate capital President Eisenhower actually was the above. assets and keep the center in good con- author of creating a national cultural So I applaud the Kennedy Center and dition. Planned upgrades will make the center, and it was during his adminis- their plan, and I am looking forward to facility safer and more welcoming to tration and it was a bipartisan effort in seeing how photovoltaic moves forward those who visit. Other projects will 1958 that they authorized a national in this. I am very tickled to support help maintain the Kennedy Center’s cultural center to be located in our Na- this bill, H.R. 3986, and urge my col- unique structure. tion’s Capital here, and it did open in leagues to do the same. The legislation also authorizes the 1971. I yield back the balance of my time. Kennedy Center Board of Directors to Now, it was interesting also to see Ms. EDDIE BERNICE JOHNSON of study the usefulness of a solar panel the plans and vision that President Ei- Texas. Madam Speaker, I yield myself system for the main roof of the memo- senhower had for a national cultural such time as I may consume. I just want to comment a bit on his rial. Before the center can begin con- center back then. Of course, it was closing statement. The Comprehensive struction of a system, the board would named for our slain and lost most dis- American Energy Security and Con- be required to report to Congress infor- tinguished President, John F. Kennedy, sumer Protection Act underscores real mation about the system. but the Eisenhower Theater within differences between really the Demo- I am very encouraged by the steps that complex still bears the visionary’s crats and Republicans when it comes to that the board of directors has taken name for this center. energy. to make the Kennedy Center more fis- So as you undertake this act today, The comprehensive Democratic plan cally responsible. This authorization and I commend again the committee is America’s own 21st century energy will give the center the resources nec- members and staff who have worked on policy that the country has been wait- essary to carry out a well thought-out this and all those who do make the ing for. It lowers prices for consumers plan for the arts center that honors Kennedy Center one of the richest na- and protects taxpayers, it expands do- and remembers President Kennedy. tional cultural centers and facilities, mestic drilling offshore and on land, it I support the legislation, and encour- not only in the United States, but the expands renewable sources of energy, age my colleagues to do the same. world, I just wanted to add that com- increases our security by freeing Amer- I reserve the balance of my time. mentary for the record. Ms. EDDIE BERNICE JOHNSON of Mr. GRAVES. Madam Speaker, I ica from the grip of foreign oil, re- Texas. Madam Speaker, I reserve my yield myself such time as I may con- quires big oil to pay what it owes to time. sume. the taxpayers, ends the subsidies for Mr. GRAVES. Madam Speaker, I As was pointed out, they are embark- the big oil companies and creates good- yield such time as he may consume to ing down at the Kennedy Center on a paying jobs here in America. The Republican bill presented was the gentleman from Florida (Mr. MICA), renovation plan, and one of the things nothing more than the same Bush-Che- the ranking member of the overall they are looking at and one of the ney energy policy, written by and for Committee on Transportation and In- things we talked about in committee the energy companies. Big oil gets frastructure, which has oversight over on various occasions is the photo- more land, more oil, more taxpayer the Kennedy Center. voltaic plan that is going to be imple- dollars and all the record profits, while Mr. MICA. Madam Speaker, first of mented on a lot of buildings around American families suffer because of the all, I want to thank the gentleman for Washington, D.C., government build- big prices. yielding me time, and also recognize ings. It is fascinating technology. In Members of Congress made a clear the efforts of our Subcommittee on fact, it has come light-years from choice last night. Some Republicans Public Buildings of the Transportation where it was just a couple of decades joined with the Democrats in siding and Infrastructure Committee. Also we ago, and I am very confident we are with the American taxpayers and con- have Ms. JOHNSON here and Mr. GRAVES going to see some very interesting sumers struggling with these energy for this reauthorization bill on the things come out of this as we move for- costs. I am puzzled how any Republican Kennedy Center. ward. Obviously, that is a big part of can oppose a policy that will create I just wanted to add my congratula- it. good-paying American jobs and in- tions for the incredible work that this Alternative energy sources is a very crease the Nation’s security, while it national cultural center does provide, big part of what needs to be done in lowers the price for gas for our con- not only to the District of Columbia this country, whether it is wind power, sumers. and the northeast United States, but photovoltaic, hydropower, obviously the entire country. very, very important, as well as every- b 1630 Mr. OBERSTAR, our chairman, and thing else out there that we need to do, Madam Speaker, I would urge the myself as ranking member, get to serve which is clean burning coal technology, passage of the John F. Kennedy Center as honorary trustees on the Kennedy which is more drilling in the United reauthorization bill. Center Board, and I had the honor and States to utilize those resources we Mr. OBERSTAR. Madam Speaker, I rise in privilege of attending the reopening of have right here in the United States, strong support of H.R. 3986, as amended, the the Eisenhower Theater. instead of doing what happened last ‘‘John F. Kennedy Center Reauthorization Act Now, folks don’t realize that the Ken- night, which is locking away the vast of 2008’’. nedy Center was opened in 1971, and, of majority of those resources in this The Kennedy Center is one of the world’s course, some of the facility does need country, at least when it comes to preeminent cultural centers. More than a phys- rehabilitation. The Eisenhower The- drilling off the Outer Continental ical memorial, the Kennedy Center acts as a

VerDate Aug 31 2005 03:51 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00064 Fmt 4634 Sfmt 9920 E:\CR\FM\K17SE7.090 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8343 living memorial for performance arts program- GREAT LAKES LEGACY eral sponsor is to receive credit under subclause ming and education. The Kennedy Center is REAUTHORIZATION ACT OF 2008 (II) for the cost of work carried out by the non- the Nation’s busiest arts facility, presenting Federal sponsor and such work has not been Ms. EDDIE BERNICE JOHNSON of carried out by the non-Federal sponsor as of the more than 3,000 performances in 2006 and Texas. Madam Speaker, I move to sus- date of enactment of this subclause, the Admin- hosting millions of theater goers, visitors, and pend the rules and pass the bill (H.R. istrator and the non-Federal sponsor shall enter tourists. The Kennedy Center also provides 6460) to amend the Federal Water Pol- into an agreement under which the non-Federal educational programs for teachers and stu- lution Control Act to provide for the sponsor shall carry out such work, and only dents from pre-kindergarten through college remediation of sediment contamina- work carried out following the execution of the across the United States. tion in areas of concern, and for other agreement shall be eligible for credit. ‘‘(IV) LIMITATION.—Credit authorized under H.R. 3986, as amended, authorizes the purposes, as amended. this clause for a project carried out under this Kennedy Center’s capital and maintenance The Clerk read the title of the bill. paragraph— program for the next 5 years. The bill author- The text of the bill is as follows: ‘‘(aa) shall not exceed the non-Federal share izes a total of $112.5 million for fiscal years H.R. 6460 of the cost of the project; and 2008 through 2012 for maintenance, repair, Be it enacted by the Senate and House of Rep- ‘‘(bb) shall not exceed the actual and reason- and security projects for the Kennedy Center. resentatives of the United States of America in able costs of the materials and services provided The bill also authorizes a total of $91.7 million Congress assembled, by the non-Federal sponsor, as determined by the Administrator. SECTION 1. SHORT TITLE. for capital projects for the Kennedy Center ‘‘(V) INCLUSION OF CERTAIN CONTRIBUTIONS.— This Act may be cited as the ‘‘Great Lakes during this period. These authorization levels In this subparagraph, the term ‘in-kind con- Legacy Reauthorization Act of 2008’’. are derived from the Kennedy Center’s 2006/ tribution’ may include the costs of planning (in- 2007 Comprehensive Building Plan. SEC. 2. DEFINITIONS. cluding data collection), design, construction, Section 118(a)(3) of the Federal Water Pollu- and materials that are provided by the non-Fed- Over the past 10 years, the priorities for tion Control Act (33 U.S.C. 1268(a)(3)) is amend- Kennedy Center capital improvements were eral sponsor for implementation of a project ed— under this paragraph.’’. life safety and accessibility projects. With the (1) in subparagraph (I) by striking ‘‘and’’ at (d) NON-FEDERAL SHARE.—Section pending completion of these projects, the cur- the end; 118(c)(12)(E) of such Act (33 U.S.C. rent Comprehensive Building Plan emphasizes (2) in subparagraph (J) by striking the period 1268(c)(12)(E)) is amended— facility infrastructure. In some past projects, and inserting a semicolon; and (1) by redesignating clauses (iii) and (iv) as (3) by adding at the end the following: clauses (iv) and (v), respectively; such as theater renovations, the mechanical ‘‘(K) ‘site characterization’ means a process and electrical infrastructure scope has been (2) by inserting after clause (ii) the following: for monitoring and evaluating the nature and ‘‘(iii) TREATMENT OF CREDIT BETWEEN limited to replacement of renovated space. extent of sediment contamination in accordance PROJECTS.—Any credit provided under this sub- The primary building mechanical and electrical with the Environmental Protection Agency’s paragraph towards the non-Federal share of the systems consist of original equipment and guidance for the assessment of contaminated cost of a project carried out under this para- those elements not previously replaced are sediment in an area of concern located wholly graph may be applied towards the non-Federal reaching the end of normative service life, are or partially within the United States; and share of the cost of any other project carried out ‘‘(L) ‘potentially responsible party’ means an under this paragraph by the same non-Federal showing signs of failure or impending break- individual or entity that may be liable under down, or are deteriorating. The bill authorizes sponsor for a site within the same area of con- any Federal or State authority that is being cern.’’; and systematic rehabilitation of these primary me- used or may be used to facilitate the cleanup (3) in clause (iv) (as redesignated by para- chanical and electrical systems. and protection of the Great Lakes.’’. graph (1) of this subsection) by striking ‘‘serv- In addition, the bill authorizes the Kennedy SEC. 3. REMEDIATION OF SEDIMENT CONTAMINA- ice’’ each place it appears and inserting ‘‘con- Center to study, plan, design, and construct a TION IN AREAS OF CONCERN. tribution’’. photovoltaic system on the 4-acre (140,000 (a) ELIGIBLE PROJECTS.—Section (e) SITE CHARACTERIZATION.—Section 118(c)(12)(B)(ii) of the Federal Water Pollution square foot) main roof of the Kennedy Center. 118(c)(12)(F) of such Act (33 U.S.C. Control Act (33 U.S.C. 1268(c)(12)(B)(ii)) is 1268(c)(12)(F)) is amended to read as follows: According to a preliminary estimate by the amended by striking ‘‘sediment’’ and inserting ‘‘(F) SITE CHARACTERIZATION.— Kennedy Center, a photovoltaic system would ‘‘sediment, including activities to restore aquatic ‘‘(i) IN GENERAL.—The Administrator, in con- cost approximately $6 million to construct and habitat that are carried out in conjunction with sultation with any affected State or unit of local would yield savings of approximately $10.2 a project for the remediation of contaminated government, shall carry out at Federal expense million over the next 25 years. sediment’’. the site characterization of a project under this (b) LIMITATIONS.—Section 118(c)(12)(D) of paragraph for the remediation of contaminated I strongly urge my colleagues to join me in such Act (33 U.S.C. 1268(c)(12)(D)) is amended— sediment. supporting H.R. 3986, as amended, the ‘‘John (1) in the subparagraph heading by striking ‘‘(ii) LIMITATION.—For purposes of clause (i), F. Kennedy Center Reauthorization Act of ‘‘LIMITATION’’ and inserting ‘‘LIMITATIONS’’; the Administrator may carry out one site assess- 2008’’. (2) in clause (i) by striking ‘‘or’’ at the end; ment per discrete site within a project at Federal Ms. EDDIE BERNICE JOHNSON of (3) in clause (ii) by striking the period and in- expense.’’. serting a semicolon; and Texas. I yield back the balance of my (f) AUTHORIZATION OF APPROPRIATIONS.—Sec- (4) by adding at the end the following: tion 118(c)(12)(H) of such Act (33 U.S.C. time. ‘‘(iii) unless each non-Federal sponsor for the 1268(c)(12)(H)) is amended— The SPEAKER pro tempore. The project has entered into a written project agree- (1) by striking clause (i) and inserting the fol- question is on the motion offered by ment with the Administrator under which the lowing: the gentlewoman from Texas (Ms. party agrees to carry out its responsibilities and ‘‘(i) IN GENERAL.—In addition to other requirements for the project; or EDDIE BERNICE JOHNSON) that the amounts authorized under this section, there is ‘‘(iv) unless the Administrator provides assur- House suspend the rules and concur in authorized to be appropriated to carry out this ance that the Agency has conducted a reason- paragraph— the Senate amendment to the bill, H.R. able inquiry to identify potentially responsible ‘‘(I) $50,000,000 for each of fiscal years 2004 3986. parties connected with the site.’’. through 2008; and The question was taken. (c) IN-KIND CONTRIBUTIONS.—Section ‘‘(II) $150,000,000 for each of fiscal years 2009 118(c)(12)(E)(ii) of such Act (33 U.S.C. through 2013.’’; and The SPEAKER pro tempore. In the 1268(c)(12)(E)(ii)) is amended to read as follows: (2) by adding at the end the following: opinion of the Chair, two-thirds being ‘‘(ii) IN-KIND CONTRIBUTIONS.— ‘‘(iii) ALLOCATION OF FUNDS.—Not more than in the affirmative, the ayes have it. ‘‘(I) IN GENERAL.—The non-Federal share of 20 percent of the funds appropriated pursuant Mr. GRAVES. Madam Speaker, I ob- the cost of a project carried out under this para- to clause (i)(II) for a fiscal year may be used to ject to the vote on the ground that a graph may include the value of an in-kind con- carry out subparagraph (F).’’. quorum is not present and make the tribution provided by a non-Federal sponsor. (g) PUBLIC INFORMATION PROGRAM.—Section ‘‘(II) CREDIT.—A project agreement described 118(c)(13)(B) of such Act (33 U.S.C. point of order that a quorum is not in subparagraph (D)(iii) may provide, with re- 1268(c)(13)(B)) is amended by striking ‘‘2008’’ present. spect to a project, that the Administrator shall and inserting ‘‘2013’’. The SPEAKER pro tempore. Pursu- credit toward the non-Federal share of the cost SEC. 4. RESEARCH AND DEVELOPMENT PRO- ant to clause 8 of rule XX and the of the project the value of an in-kind contribu- GRAM. Chair’s prior announcement, further tion made by the non-Federal sponsor, if the Section 106(b)(1) of the Great Lakes Legacy proceedings on this motion will be Administrator determines that the material or Act of 2002 (33 U.S.C. 1271a(b)(1)) is amended to postponed. service provided as the in-kind contribution is read as follows: integral to the project. ‘‘(1) IN GENERAL.—In addition to amounts au- The point of no quorum is considered ‘‘(III) WORK PERFORMED BEFORE PROJECT thorized under other laws, there is authorized to withdrawn. AGREEMENT.—In any case in which a non-Fed- be appropriated to carry out this section—

VerDate Aug 31 2005 03:51 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00065 Fmt 4634 Sfmt 6333 E:\CR\FM\A17SE7.067 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8344 CONGRESSIONAL RECORD — HOUSE September 17, 2008 ‘‘(A) $3,000,000 for each of fiscal years 2004 lessons learned as implementation of tional time, it should neither present through 2008; and the Legacy Act program has matured. an opportunity to excessively delay ‘‘(B) $5,000,000 for each of fiscal years 2009 First, H.R. 6460 significantly in- clean-up projects, nor to divert addi- through 2013.’’. creases the authorization of appropria- tional sites to other Federal and State The SPEAKER pro tempore. Pursu- tions for sediment remediation clean-up authorities. In addition, EPA ant to the rule, the gentlewoman from projects in the areas of concern, from is encouraged to coordinate this effort Texas (Ms. EDDIE BERNICE JOHNSON) $50 million to $150 million annually with State authorities and, where ap- and the gentleman from Arkansas (Mr. through 2013. The committee strongly propriate, utilize existing State efforts BOOZMAN) each will control 20 minutes. believes that the increase in overall to identify responsible parties as a The Chair recognizes the gentle- authorization and appropriations for basis for its responsibilities under this woman from Texas. this program will accelerate the pace Act. GENERAL LEAVE of clean-up of the areas of concern. Again, let me congratulate Congress- Ms. EDDIE BERNICE JOHNSON of With full appropriation of the author- man EHLERS and Congressman OBER- Texas. Madam Speaker, I ask unani- ized amounts, it is our hope to com- STAR for moving this important legisla- mous consent that all Members may plete the clean-up of all U.S. areas of tion forward. It is my hope that this have 5 legislative days within which to concern within the next decade. legislation will mark another turning revise and extend their remarks and Second, in order to facilitate better point in our joint efforts to remediate add any extraneous materials on H.R. understanding of the types, nature and the Great Lakes areas of concern, and 6460. volume of toxic sediment at contami- that by the time this legislation is The SPEAKER pro tempore. Is there nated sites, H.R. 6460 authorizes the ad- again ripe for reauthorization, we will objection to the request of the gentle- ministrator to carry out a site assess- be within reach of completing the task woman from Texas? ment of eligible projects at Federal ex- of remediating the toxic legacy of the There was no objection. pense. Great Lakes’ past. Ms. EDDIE BERNICE JOHNSON of This authority should overcome two Madam Speaker, I reserve the bal- Texas. Madam Speaker, I yield myself difficulties identified in the implemen- ance of my time. such time as I may consume. tation of the Legacy Act, the lack of Mr. BOOZMAN. Madam Speaker, I H.R. 6460 reauthorizes appropriations, sufficient information on the extent of want to first commend our colleague at increased levels, for sediment reme- the contamination and the identifica- from Michigan, Dr. VERN EHLERS, for diation purposes in the Great Lakes’ tion of potential non-Federal cost- his years of work with stakeholders areas of concern. share partners for subsequent phases of from the Great Lakes to advance the The presence of these contaminated remediation projects. Great Lakes Legacy Act. sediments, a toxic legacy of the indus- The language in H.R. 6460 attempts The Great Lakes are a vital source trialized past for the Great Lakes to replicate the successful model of the for both the United States and Canada. basin, have plagued its waters for dec- Corps of Engineers reconnaissance The Great Lakes system provides a wa- ades. These sediments have contributed studies for Great Lakes sediment reme- terway to move goods; water supply for to over 90 percent of the near-shore wa- diation projects. Again, this important drinking, industrial and agricultural ters of the lakes being unsafe for fish- change should accelerate the process of purposes; a source of hydroelectric ing, swimming and wildlife habitat. identifying the scope of contamination power; and swimming and other rec- In 2002, the Committee on Transpor- projects and quickly move projects reational activities. tation and Infrastructure, under the from the conceptual stage to planning, But the industrialization and devel- leadership of our current chairman, design and construction phases. opment of the Great Lakes Basin over Congressman OBERSTAR, and Congress- Third, H.R. 6460 authorizes Legacy the past 200 years has had an adverse man VERN EHLERS, took action to Act funding to be utilized for the res- impact on the Great Lakes. Although begin the healing process for the Great toration of aquatic habitat, provided safe for drinking and swimming, in Lakes community. that this restoration activity is carried many places fish caught from the In that year, the Great Lakes Legacy out in conjunction with a sediment Great Lakes are not safe to eat. Act was signed into law. The 2002 Leg- clean-up project. Lake sediments, contaminated from acy Act was enacted to encourage Oftentimes, contaminated sediment the history of industrialization and de- greater cooperation and expedited has caused harm to neighboring aquat- velopment in the region, are one of the clean-up of the areas of concern. To ac- ic habitat, and it is the presence of primary causes of this problem. By complish this goal, the Legacy Act tar- both contaminated sediment and the treaty, the United States and Canada geted Federal resources toward the re- degraded aquatic habitat that results are developing clean-up plans for the mediation of contaminated sediment in sites being deemed as impaired. By Great Lakes and for specific areas of within the 31 areas of concern located allowing the simultaneous remediation concern. The Great Lakes Legacy Act, within the United States or shared of sediment, along with corresponding passed in 2002, has helped citizens re- with Canada. aquatic habitat, the Legacy Act should store the water quality of the Great In many ways, the Legacy Act has accelerate the process of delisting Lakes by taking action to manage con- been successful in laying the ground- sites. taminated sediments and to prevent work for addressing the areas of con- Finally, H.R. 6460 includes language further contamination. cern, but progress toward addressing requiring the administrator to provide The Great Lakes Legacy Act author- and delisting these areas of concern assurance that the Environmental Pro- ized the Environmental Protection has been very slow. Of the approxi- tection Agency has conducted a reason- Agency to carry out qualified sediment mately 70 individual sites within the able inquiry to identify parties that remediation projects and conduct re- U.S. areas of concern, only four have are potentially liable for sediment con- search and development of innovative been completely addressed. This is sim- tamination before a site can proceed approaches, technologies and tech- ply too slow, and the citizens of the under the Legacy Act. The committee niques for the remediation of contami- Great Lakes basin demand that we believes that this provision is con- nated sediment in the Great Lakes. take action to accelerate this process. sistent with the intent of the original Legacy Act funding must be matched It is my hope that this legislation Legacy Act, as well as the ‘‘polluter with at least a 35 percent non-Federal will set that in motion. Over the past pays’’ principle. In addition, this provi- share, encouraging local investment. year, my subcommittee has inves- sion should help maximize the By encouraging cooperative efforts tigated why progress has slowed and leveraging potential of contributions through public-private partnerships, has received several recommendations from non-Federal sources through the the Great Lakes Legacy Act provided a for targeted changes to the Legacy Act identification and encouraged partici- better way to address the problem of from stakeholders closely related with pation of responsible parties in remedi- contaminated sediments. At some clean-up projects. H.R. 6460 encap- ation activities. sites, removing sediments will be the sulates many of these recommenda- While some have expressed concern best way to address short and long- tions, and it is intended to address the that this provision will require addi- term risks. At other sites, the last

VerDate Aug 31 2005 03:51 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.028 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8345 thing we want to do is go in and stir up more than 70 pounds of mercury from the 107th Congress. With bipartisan contaminated sediments by dredging, the bay and the wetland on Tannery support, the Congress passed and the causing more harm to the environ- Point. President signed this bill in 2002. ment. Success stories such as these dem- The Great Lakes Legacy Act author- Obviously, how to address contami- onstrate the need for continued sup- izes the EPA to clean up contaminated nated sediments at each Great Lakes port for the Great Lakes Legacy Act. sediments in designated areas of con- area of concern will be very much a The Environmental Protection Agency cern in the Great Lakes. These areas of site-specific decision. has estimated that more than 850,000 concern are designated by the EPA and The Great Lakes Legacy Act does not cubic yards of contaminated sediment are defined as any ecologically de- try to presume any particular clean-up has been removed since 2004. However, graded geographic area that requires option. It simply encourages stake- an estimated 75 million cubic yards of remediation. Currently, there are 43 holders to take action and to make contaminated sediment remain in the areas of concern throughout the Great sure that the action they take will Great Lakes. Lakes and 31 of those are either wholly make a real improvement to human This legislation would reauthorize or partially located within U.S. waters. health and the environment. the Great Lakes Legacy Act for an ad- The Great Lakes Legacy Act has This legislation is strongly supported ditional 5 years and triple the author- made tremendous progress in cleaning by both environmental groups and ized funding levels for remediation in up contaminated areas. Of the 31 areas business groups in the Great Lakes re- the Great Lakes up to $150 million per of concern in U.S. waters, four remedi- gion. The Great Lakes Legacy Act re- year. ation projects have been completed, flects a consensus approach to address- I strongly support H.R. 6460 and look one project is underway, and six more ing sediment contamination in the forward to the continued success of are currently being monitored and Great Lakes. this program. evaluated. Since 2004, the EPA esti- While the authorization for the Great b 1645 mates that almost 1 million cubic Lakes Legacy Act expires this year, I yards of contaminated sediments have remain concerned over tripling the au- Mr. BOOZMAN. Madam Speaker, I been removed from our Great Lakes thorized level of spending. The Act has yield 4 minutes to the gentleman from tributaries. These sediments are satu- been funded at a level between $22 mil- Michigan (Mr. EHLERS). rated with toxic substances such as lion and $35 million per year, far short Mr. EHLERS. Madam Speaker, I mercury, arsenic, chromium, cadmium, of the current $50 million annual au- thank the gentleman for yielding. I polychlorinates, better known as PCBs, thorization. In addition, the bill au- also want to thank my colleague from and lead. thorizes that habitat restoration be in- Michigan for his kind words. He and I However, more cleanup work re- cluded as one of the authorized pur- have worked on a number of Great mains. The U.S. Policy Committee for poses. Unfortunately, this may mean Lakes issues together, and it has been the Great Lakes has identified 75 re- less clean-up of contaminated sedi- a pleasure to work across the aisle on maining contaminated sites. The Great ments in the Great Lakes. something that really benefits the peo- Lakes Legacy Act expires in just a few By expanding this program to cover ple of this country. days. In order to ensure this vital other purposes, there will be less I am very pleased today that we are cleanup continues, Congressman JIM money for the primary purpose of get- taking up this bill. It is another great OBERSTAR and I introduced this bill. ting pollution out of the water. Again, day for the Great Lakes. Today we The bill has 45 bipartisan cosponsors by all measures, the Great Lakes Leg- renew and expand upon one of the most and passed the Transportation Infra- acy Act has been a successful program. effective Federal environmental clean- structure Committee by voice vote. There is some concern that we might up programs ever, the Great Lakes In order to speed up efforts, this bill delay ultimate clean-up by spending Legacy Act. triples the authorized funding level some of the Federal funds on activities All of us have heard about Superfund from $50 million to $150 million per other than sediment remediation. and all of the tremendous cost over- year. If fully appropriated, this has the Again, I want to congratulate Dr. runs of that program. When we wrote potential to delist all of the U.S. areas EHLERS so much for his hard work in this original Legacy Act some years of concern within the next decade. this area. He has been a true champion ago, we made sure to keep the issues These funds will continue to be lever- in this and for his persistence in bring- out of the courts, and make it a very aged with a 35 percent non-Federal cost ing it to the floor today. efficient program, and that is exactly share with locals, businesses, environ- Madam Speaker, I reserve the bal- what has happened. mental groups, and so forth. ance of my time. The Great Lakes, we all know, com- The bill also makes a limited number Ms. EDDIE BERNICE JOHNSON of prise the largest source of fresh water of changes to the original Legacy Act Texas. Madam Speaker, I recognize Mr. in the world—20 percent of the earth’s that were jointly recommended by in- STUPAK from Michigan for 2 minutes. total and 95 percent of the surface fresh volved parties, and will vastly improve Mr. STUPAK. I thank the chair- water in the United States. The Great the bill. woman for yielding me time. Lakes also provide drinking water, The SPEAKER pro tempore. The gen- Madam Speaker, I rise in support of transportation, and recreation to mil- tleman’s time has expired. H.R. 6460, the Great Lakes Legacy Re- lions of people. Approximately 30 mil- Mr. BOOZMAN. Madam Speaker, I authorization Act of 2008. lion people drink the water of the yield an additional 30 seconds to the Since coming to Congress, I have Great Lakes in the United States and gentleman. made it my mission to protect and pro- Canada. Mr. EHLERS. The toxic pollutants mote one of the Nation’s most precious However, the Great Lakes are endan- from our industrial past have plagued resources, the Great Lakes. I am a co- gered by contaminants from years of the Great Lakes region for far too long. sponsor of the Great Lakes Legacy Act industrial pollution that have settled By voting for the Great Lakes Legacy and can speak personally on the posi- into the sediments of the tributaries, Reauthorization Act, we can ensure tive impact it has had on my district. the rivers and streams, that flow into that critical cleanup efforts in the Tannery Bay, located in Sault Ste. the lakes. These pollutants degrade the Great Lakes continue. Marie, Michigan, suffered from pollu- health of both humans and wildlife, In closing, I want to thank Chairman tion from byproducts left behind by the and they disrupt the beneficial uses of OBERSTAR, Chairwoman JOHNSON, Northwestern Leather Company, which the lakes. The longer we take to clean Ranking Member MICA and Ranking operated in the area from 1900 to 1958. up these areas, the greater the likeli- Member BOOZMAN for all of their great On September, 2007, the Environmental hood that the sediment will be trans- work on this bill and their dedication Protection Agency, through the Great ported into the open waters of the to preserving our greatest fresh water Lakes Legacy Act program, completed Great Lakes, where cleanup is vir- resource. remediation of the Tannery Bay indus- tually impossible. I also want to thank staff members trial site. In total, the clean-up re- To address this problem, I introduced Ryan Seiger, Ben Webster, John Ander- moved 880,000 pounds of chromium and the original Great Lakes Legacy Act in son and Jon Pawlow, and also Ben

VerDate Aug 31 2005 03:51 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.095 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8346 CONGRESSIONAL RECORD — HOUSE September 17, 2008 Gielow on my staff. It has taken a lot the lead to do its duty to remove this can deal with 93 percent of the prob- of hard work, but it is a great bill and threat to human health. Some locals lems affecting our lakes, our fresh I am proud to present it. I ask all of don’t want the cleanup of our harbor, water. my colleagues to join me in supporting but they will not be able to prevent This is the type of investment that the bill. this needed environmental remedi- will make sure that not only the re- Ms. EDDIE BERNICE JOHNSON of ation. And when complete, it will in- gions and the States that border these Texas. Madam Speaker, I yield 2 min- crease Lake County property values by lakes, but the entire United States, utes to the gentleman from Ohio (Mr. over $800 million. will preserve and invest in one of the KUCINICH). We still have a few more days left to most important natural resources in Mr. KUCINICH. Madam Speaker, I fund this program under the Great the coming days and years ahead, thank the gentlelady. Lakes Legacy Act. I hope we do be- which is clean water. I am proud of this As a cosponsor, I rise in support of cause then the cleanup will be even accomplishment and hope it builds mo- H.R. 6460, the Great Lakes Legacy Re- faster. mentum going forward for a Clean authorization Act. This bill will reau- Ms. EDDIE BERNICE JOHNSON of Water Act, act II, that invests like the thorize and expand a highly successful Texas. Madam Speaker, I would like to last one of 30 years and takes us to the program designed to help address the yield 2 minutes to the gentleman from next generation of what we need to do issue of contamination in the Great Illinois (Mr. EMANUEL). to deal with the invasive species and Lakes. The lakes hold 20 percent of the Mr. EMANUEL. Madam Speaker, deal with the urban runoff and deal world’s fresh water and are an irre- when I was growing up near Lake with the industrial deposits left from placeable economic engine and drink- Michigan in Chicago, we used to have industrial times. If we do those three ing water source for our region. dead fish on top of the water for the things, we will have made a dramatic As a Member of Congress rep- first 30 feet. You had to run through difference in Lake Erie, Lake Michi- resenting Ohio and particularly the the sand, past all of the dead fish, jump gan, Lake Superior, Lake Huron and Cleveland area, we pride ourselves on in the water, hold your breath, and go Lake Ontario. I am proud to be associ- our access to that fresh water and we about 30 feet past the dead fish. Then ated with this great bipartisan legisla- know it is not only important for Congress at that time passed the Clean tion. today, but it is also part of our future Water Act. After 30-plus years, there is Mr. BOOZMAN. Madam Speaker, I as well. So the program created by the no doubt when you look at all of the yield 4 minutes to the gentleman from Great Lakes Legacy Act is focused on Great Lakes, like Lake Michigan in Michigan (Mr. ROGERS). cleaning up areas of concern, sites that Chicago, the Clean Water Act has been Mr. ROGERS of Michigan. Madam are known to be contaminated with a tremendous success in the Great Speaker, I too want to congratulate toxic chemicals. These chemicals can Lakes region. Kids today swim all Dr. Vern Ehlers of Michigan who has cause damage to the entire ecosystem across the different lakes because of spent a great portion of his career in as well as damage to human health. what this Congress and a President had the United States Congress cham- For example, in the past research has done in the past. pioning our Great Lakes. They are linked consumption of Great Lakes fish This act is important. It has been truly our Nation’s jewel that we in the by pregnant women to irreversible stated here on the floor, over 30 million north don’t think we get enough credit health problems in the child. So it be- Americans get their daily drinking for helping protect. I know the Speaker comes obvious that this program which water from Lake Michigan, Lake Erie, understands exactly what I am talking will help to clean up contamination Lake Ontario, Lake Superior, and Lake about, being a part of that Great Lakes that remains in the Great Lakes will Huron. It is the largest body of fresh basin. have an appreciable impact on improv- water in North America and represents b 1700 ing human health and will also give a quarter of the world’s fresh water. people confidence in the fish that they The water here for the future of Amer- And now I think if you watch the consume from the Great Lakes. ica will be like the energy debates we speeches on the floor today, that the We can do better to protect our pre- are having today, and the Great Lakes rest of America will see why we become cious Great Lakes. This bill is an im- and all of the States that border them so feisty about water diversion and portant step, and I urge my colleagues are the equivalent of our Yellowstone invasive species and contaminants to support the Great Lakes Legacy Re- Park, our Grand Canyon. This is our going into our Great Lakes, and why, authorization Act. national treasure and we have treated in a bipartisan way, we stand on this Mr. BOOZMAN. Madam Speaker, I it over the years sometimes like a pond floor today to celebrate what has been yield 2 minutes to the gentleman from that can just be dumped in. done, what this bill will do, and the fu- Illinois (Mr. KIRK). This act is a small step, but the right ture health of the Great Lakes for fu- Mr. KIRK. Madam Speaker, the Out- step. It is a bipartisan step to protect ture Americans. board Marine Corporation dumped tons for a little over 30 million Americans I too grew up in the Great Lakes re- of PCBs directly into Waukegan Har- their daily drinking water, to give the gion and remember the warnings of no bor, polluting it. OMC’s owner, George States and cities that border this area fishing and no wall eye fishing in Lake Soros, then looted the company and water and a sense of investment in St. Claire when I was growing up, and left. their future. how devastated we were to think that I joined with Congressman EHLERS Brookings Institute last year did a you couldn’t even go out and put your and Congressman EMANUEL to address study. They showed that for every dol- line in the water and take that fish that issue. To date we have been suc- lar we invest, we get $2 back of eco- home without some horrible thing hap- cessful in cleaning five of 31 areas of nomic activity here in the Great pening to you. concerns. One more is underway, and Lakes. Well, we’ve come a long way since seven additional harbors are under This is the right thing to do. But we then, and I think we’ve all gotten a lot evaluation. Under this very program, need to do the next step, the biggest smarter on how we protect these lakes. more than a million pounds of polluted step, build on the Clean Water Act of And it goes just beyond what is good sediment have been removed. 30-plus years ago with a great Amer- for the Great Lakes Basin. Currently it This bill before the House increases ican waterway. provides water to 42 million people in environmental remediation funds, and The SPEAKER pro tempore. The gen- America. Nearly 30 percent of the Na- it speeds up the cleanup. It will help us tleman’s time has expired. tion’s gross domestic product is pro- to protect the Great Lakes, the source Ms. EDDIE BERNICE JOHNSON of duced in the Great Lakes region. of drinking water for over 30 million Texas. I yield the gentleman an addi- The Great Lakes States have 3.7 mil- Americans. I am particularly looking tional minute. lion registered recreational boats, a forward to Waukegan’s cleanup. Short- Mr. EMANUEL. If we invest in our third of the Nation’s total. The com- ly, we will announce the full Superfund lakes and deal with the basic pollut- mercial sport and fishing industry is cleanup of that harbor. Under Federal ants, that is invasive species, urban collectively valued at more than $4 bil- law, the Federal Government will take runoff and those types of pollution, we lion annually. Unfortunately, years of

VerDate Aug 31 2005 03:51 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.108 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8347 industrial pollution have spread toxic I thank you for the opportunity to be and we passed a resolution on this sediments throughout the Great Lakes, a part of this bipartisan legislation. House stopping that from happening. and this bill directly confronts and Mr. BOOZMAN. Madam Speaker, I We are proud to say that that did not cleans up those polluted and degraded yield 2 minutes to the gentleman from happen. And that means we’re going to areas. Michigan (Mr. UPTON). actually save money because we’re not This act has had an enormous impact Mr. UPTON. Madam Speaker, I do going to have to clean it up. on the citizens of Michigan and their hail from the great State of Michigan, But this is a bill that needs to hap- communities. In Michigan alone, hun- and I’m glad to say that my district pen. It has strong bipartisan support. dreds of thousands of pounds of dan- borders one of the five Great Lakes, I’m proud to say that we’ve had great gerous contaminants have already been and I know the gentlelady from Wis- progress over the last couple of years, removed and safely disposed of. Of the consin is equally as proud of our five but we’re not done yet. This bill needs 31 areas of concern in U.S. waters, four Great Lakes as well. to happen. I commend the leadership projects have already been completed, Madam Speaker, one of my favorite on both sides of the aisle to make sure one project is underway, and six are guys here in the House is certainly that it happens. And now we have to currently being monitored and evalu- former chairman of the Energy and make sure that we work on the appro- ated. This program is extremely work- Commerce Committee, JOE BARTON. priators to make sure that the money able and has been named one of the And he has a statement that he says, continues to be there, to make sure, most effective Federal clean-up pro- ‘‘Don’t mess with Texas.’’ that, in fact, this remains a national grams we have. Well, in the Midwest we have a state- treasure, because it is. Since 2004, the EPA estimates that ment as well: ‘‘Don’t mess with the Mr. BOOZMAN. Madam Speaker, I almost 1 million cubic yards of con- Great Lakes.’’ It doesn’t matter if want to thank our chairwoman, EDDIE taminated sediments have been re- you’re a Republican or a Democrat, a BERNICE JOHNSON from Texas, for her moved from our Great Lakes tribu- Member from Wisconsin, Michigan, In- leadership in this matter, for pushing taries. These sediments are filled with diana, Illinois, Ohio, Pennsylvania, this forward. Also, our chairman, Mr. toxic substances such as mercury, ar- New York, it doesn’t matter. You do OBERSTAR, who also has been very, very senic, chromium, cadmium, poly- not mess with the Great Lakes. active on behalf of the Great Lakes, chlorinates (PCBs), and lead. We have seen, over the years, some Ranking Member MICA, and again, as This really stands as our legacy to great improvement in terms of the Mr. EHLERS mentioned earlier, which the next generation of Americans who quality of the water in Lake Michigan we probably don’t mention enough, for will enjoy the Great Lakes, and it is an and all of the Great Lakes. It is not by our staffs that do a very, very good job investment in the health of those accident. It is because of the actions of of working hard and getting these very Great Lakes for a prosperous, clean fu- this Congress, Republicans and Demo- difficult things together so that we can ture of the Great Lakes basin. We have crats working together, to make sure bring them to the floor. to pass this Great Lakes Legacy Act that we have adequate resources not I also want to congratulate Dr. and continue the investment in the only to have identified the problem, EHLERS for his hard work. This has Great Lakes so that future generations but then to come back with the clean- been something that he’s worked so will experience the lakes as we know up. hard on for so many years, for such a them today. Sadly, the Great Lakes Legacy Act, long time. It really is great that we’re Ms. EDDIE BERNICE JOHNSON of and I want to give great credit to my able to bring it to the floor and vote on Texas. Madam Speaker, I continue to colleague, Dr. EHLERS from Grand Rap- it. reserve. ids, for pushing this along, it expires I look forward to coming back 5 Mr. BOOZMAN. Madam Speaker, I this year. So the work that we have years from now when we reauthorize yield 2 minutes to the gentleman from done over the last number of years again and hearing about, on both sides Michigan (Mr. MCCOTTER). would have been for naught had it not of the aisle, in a very bipartisan way, Mr. MCCOTTER. Madam Speaker, been for the committee moving to- the people that live along the lake tell- woven throughout the fabric of our gether, important legislation that oth- ing the story, telling the difference lives in the Wolverine State, we in erwise would see this expire, literally that this reauthorization has made and Michigan, the Midwest, and all of within just a couple of weeks. the tremendous improvement that America must never take our Great My colleagues have talked about the we’re going to make over the next 5 Lakes for granted. Today, in a bipar- tens of millions of Americans that live years. tisan moment that reflects what is and rely on the Great Lakes for so I yield back the balance of my time. both the best in us and is expected of many different needs. This bill author- Ms. EDDIE BERNICE JOHNSON of us, we come together to ensure that we izes the appropriation of $150 million Texas. Madam Speaker, I rise in full do not take them for granted. each and every year to make sure that, support of the Great Lakes Legacy Act I come to this as someone whose par- in fact, we can continue to clean up the and express my appreciation to Mr. ents took him on vacation with my identified contaminated areas. OBERSTAR, Dr. EHLERS, and to Mr. brother up to Lake Superior to see its Now let me just relate an area that BOOZMAN, who provided leadership on pristine natural beauty, to watch the we had big time on this House floor this bill. glow of a Michigan sunset over Lake last year. We were going to see the ex- Mr. DINGELL. Madam Speaker, I rise today Michigan, to fish in Lake Erie and, in pansion of a refinery in Indiana, and we as a strong supporter and cosponsor of H.R. a moment of rare weakness on the part made sure, as a delegation—— 6460, the Great Lakes Legacy Reauthorization of my wife, I proposed to her on the The SPEAKER pro tempore. The Act. I want to thank my friend and colleague shores of Lake Huron. I won’t bring up time of the gentleman has expired. from Michigan, VERN EHLERS, for sponsoring whether she regrets it or not. Mr. BOOZMAN. Can I inquire how this bill as well as Chairman OBERSTAR for his I say this because, as we raise our much time we have left? leadership on the bill. own children and they share the same The SPEAKER pro tempore. The gen- The Great Lakes Legacy Act has been an experiences with the natural beauty of tleman from Arkansas controls 31⁄2 re- incredibly successful program. In fact, the first the Great Lakes, we are honoring a maining minutes. success story from the Legacy Act is in Tren- commitment to future generations to Mr. BOOZMAN. I yield the gentleman ton, Michigan. Black Lagoon, as it had been ensure that, for the time to come, our 1 additional minute. named in the 1980s because of the oil and Great Lakes remain not only the boon Mr. UPTON. Madam Speaker, we saw grease that had accumulated between the of our quality of life and to the vi- last year a major refinery that was 1940s and the 1970s, was renamed Ellias brancy of our economy, but they re- going to be expanded in the Great Cove just 1 year ago after the area was reme- main the most visible way we in Michi- Lakes, and it was going to add to the diated. Without the Great Lakes Legacy Act, gan and in the Midwest in America can discharge into Lake Michigan. And the $9.3 million cleanup would not have been teach our children that we honored our every single member of the Great possible. duty to defend those Great Lakes and Lakes Caucus, Republican and Demo- Madam Speaker, the Great Lakes are a na- pass them on for future generations. crat, all around that circle, stepped in, tional treasure. However, to date, they have

VerDate Aug 31 2005 03:51 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00069 Fmt 4634 Sfmt 9920 E:\CR\FM\K17SE7.100 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8348 CONGRESSIONAL RECORD — HOUSE September 17, 2008 not been treated as such. The Lakes have The history of the Great Lakes’ region has tion. Furthermore, I agree to support your seen deterioration of water quality, the intro- largely been defined by the industrial suc- request for appointment of conferees from duction of aquatic invasive species, and the cesses of its past. For more than 2 centuries, the Committee on Science and Technology if a conference is held on this matter. contamination of toxic sediment, among other the Lakes have provided residents of the re- This exchange of letters will be placed in things. While the Great Lakes region has gion with sources of power and abundant nat- the Committee Report on H.R. 6460 and in- worked diligently over the past several dec- ural resources, as well as transportation for serted in the Congressional Record as part of ades to help clean up the Lakes, it is clear the residents and manufactured goods of the the consideration of this legislation in the more must be done on the Federal level to im- basin. The Lakes have served as a catalyst House. Thank you for the cooperative spirit plement the streamlined strategy already in that brought about growth and economic pros- in which you have worked regarding this place. perity to not only the region, but also to the matter and others between our respective committees. All of us representing Great Lakes’ States country as a whole. were hopeful when in 2004 President Bush I look forward to working with you as we The growth and expansion of the region’s prepare to pass this important legislation. signed an executive order creating the Great commerce and economy, however, did not Sincerely, Lakes Interagency Task Force. The task force come about without negative consequences. JAMES L. OBERSTAR, spawned a coalition of Great Lakes’ stake- Along with it came unrestrained pollution of Chairman. holders, including local, State, and Federal the Great Lakes watershed. Sadly, for the Government groups, to implement a strategy most part, this contamination remains today HOUSE OF REPRESENTATIVES, COM- over 5 years to protect and restore the Lakes. MITTEE ON SCIENCE AND TECH- and continues to affect the region’s residents. NOLOGY, The Great Lakes Regional Collaboration, as In 2002, Congress enacted the Great Lakes the group is known, which consists of over Washington, D.C., September 4, 2008. Legacy Act to remediate contaminated sedi- Hon. JAMES L. OBERSTAR, 1500 stakeholders, called for $20 billion in ments in the Great Lakes’ areas of concern. Chairman, Committee on Transportation and funding to implement its recommendations. This Act brought attention and awareness to Infrastructure, Washington, DC. Unfortunately, the administration’s Interagency the areas of concern, and also provided much DEAR CHAIRMAN OBERSTAR: Thank you for Task Force, in its annual report, rec- needed funding for remediation sites. your letter regarding H.R. 6460, the Great ommended that the strategy be funded from This Congress has been tasked with reau- Lakes Legacy Reauthorization Act of 2008 This legislation was initially referred to existing programs. Madam Speaker, such a thorizing the Act, but has also been afforded recommendation demonstrates how out of both the Committee on Transportation and the opportunity to address the shortfalls of the Infrastructure and the Committee on touch the Bush administration is when it initial legislation. For instance, during a hear- Science and Technology. comes to the resources and major efforts ing before the Subcommittee on Water Re- H.R. 6460 was marked up by the Committee needed to restore the Great Lakes. sources and Environment, many Members on Transportation and Infrastructure on So far, the Bush administration has paid from the Great Lakes region expressed con- July 31, 2008. I recognize and appreciate your quite a bit of lip service to restoring and pro- desire to bring this legislation before the cern with the pace of cleanup of areas of con- tecting the Great Lakes, but that is where its House in an expeditious manner, and, accord- cern. commitment to the Lakes has ended. I am re- ingly, I will waive further consideration of In our view, the delay is the result of an in- this bill in Committee. However, agreeing to minded of that commercial from the 1980s— complete knowledge of the contamination ‘‘Where’s the beef?’’ We all know what it is waive consideration of this bill should not be present at sites within the areas of concern, construed as the Committee on Science and going to restore and protect the Lakes— as well as a lack of funding to address the 70 Technology waiving its jurisdiction over money. Unfortunately, the President has not different contaminated sediment sites with the H.R. 6460. put his money where his mouth is and made U.S. areas of concern. Further, I request your support for the ap- the Great Lakes a real priority. The Great Madam Speaker, for far too long, residents pointment of Science and Technology Com- mittee conferees during any House-Senate Lakes continue to be plagued by toxic pollut- of the Great Lakes region have been waiting ants that contaminate the sediment which can conference convened on this legislation. I for cleanup of these toxics sites. also ask that a copy of this letter and your cause health problems for both wildlife and H.R. 6460, the Great Lakes Legacy Reau- humans. That is why the House must act to response be placed in the legislative report thorization Act of 2008, will accelerate remedi- on H.R. 6460 and the Congressional Record reauthorize the Great Lakes Legacy Act by ation of the areas of concern. It is my hope during consideration of this bill. passing H.R. 6460. This legislation triples au- that this legislation will advance the pace of I look forward to working with you as we thorized funding from $50 million to $150 mil- cleanup of contaminated sites in the Great prepare to pass this important legislation. lion per year for the next 5 years for cleanup Sincerely, Lakes and also ensure that parties responsible of the nearly 40 degraded sites within the BART GORDON, for the contamination are held liable. Chairman. Great Lakes basin identified as Areas of Con- Madam Speaker, I applaud the efforts of my cern. In addition, this bill reauthorizes a non- Ms. MOORE of Wisconsin. Mr. Speaker, I Committee colleague, the gentleman from Federal 35 percent match of Federal dollars am pleased to join my colleagues from both Michigan (Mr. EHLERS), for his unremitting invested into restoration efforts as well as $5 sides of the aisle today in expressing my sup- work during the 107th Congress on the pas- billion over 5 years for development of more port for H.R. 6460, the Great Lakes Legacy sage of the initial Great Lakes Legacy Act, as effective clean up technologies, saving money Reauthorization Act of 2008. well as for his work on this important legisla- in the long-run. Although progress has been reported in re- The past 8 years brought the Great Lakes tion that the House considers today. ducing the discharge of toxic and persistent I urge my colleagues to join me in sup- little but empty promises from the Bush admin- chemicals into the Great Lakes, high con- istration. Not only must we pass H.R. 6460 porting H.R. 6460, the ‘‘Great Lakes Legacy centrations of contaminants still remain at the today, but we must also implement more of Reauthorization Act of 2008’’. bottom of a number of rivers and harbors in I insert in the RECORD an exchange of let- the recommendations of the Regional Strat- the region and continue to pose a risk to ters between the Committee on Transportation egy. I look forward to working with a new aquatic life, wildlife, and humans. President—hopefully one from the Great and Infrastructure and the Committee on Although many of these chemicals have Lakes region—who understands the impor- Science and Technology. been banned for a number of years, after dec- HOUSE OF REPRESENTATIVES, COM- tance of the Lakes and will do more than pay ades of industrial and municipal discharges MITTEE ON TRANSPORTATION AND and urban agricultural runoff, they continue to them just lip service. INFRASTRUCTURE, Again, I ask my colleagues to join me in Washington, DC, September 4, 2008. plague our region’s water and without contin- passing H.R. 6460. HON. BART GORDON, ued and strong federal support, I am con- Mr. OBERSTAR. Madam Speaker, I rise in Chairman, Committee on Science and Tech- cerned they may remain long after many of us strong support of H.R. 6460, the Great Lakes nology, Washington, DC. and our grandchildren are no longer. Legacy Reauthorization Act of 2008. DEAR CHAIRMAN GORDON: I write to you re- The areas targeted by the Legacy Act fund- This legislation is designed to address the garding H.R. 6460, the Great Lakes Legacy ing are plagued by chemicals that are known toxic legacy of the Great Lakes’ industrial past Reauthorization Act of 2008. to cause adverse health effects in animals and that is currently putting residents of the Great I appreciate your willingness to waive humans, which do not break down easily, and rights to further consideration of H.R. 6460, Lakes region in harms way. Residents of the notwithstanding the jurisdictional interest which tend to persist in the environment and region have long been waiting for the remedi- of the Committee on Science and Tech- to accumulate in aquatic life, animals and ation of these contaminated sites and it is the nology. Of course, this waiver does not preju- human tissues. responsibility of this Congress to ensure that dice any further jurisdictional claims by It is not a problem with an easy solution. they do not wait any longer. your Committee over this or similar legisla- But we know that the Great Lakes Legacy Act

VerDate Aug 31 2005 05:37 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00070 Fmt 4634 Sfmt 9920 E:\CR\FM\A17SE7.074 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8349 is part of the solution. Not only has it helped ment and help mitigate the risk to the Great mous consent that all Members may states in the region deal with this insidious Lakes posed by toxic pollutants. have 5 legislative days in which to re- threat but it also recognizes and affirms that This program has and continues to enjoy vise and extend their remarks and add the continuing protection of the Great Lakes is strong support from elected officials in the any extraneous materials to S.J. Res. and must remain a national priority. Great Lakes states, the business community, 35. Although it has never been funded at its au- environmental groups, and local communities The SPEAKER pro tempore. Is there thorized level of $50 billion a year, the Legacy affected by the legacy of contamination. objection to the request of the gentle- Act has contributed to a number of projects to As a cosponsor of this bill and a strong sup- woman from Texas? remove polluted sentiments from these waters porter of efforts to protect the Great Lakes, I There was no objection. and protect the water quality of the Great urge my colleagues to vote yes on this impor- Ms. EDDIE BERNICE JOHNSON of Lakes as well as the millions of Americans tant bill. Texas. Madam Speaker, I yield myself who reside near, recreate in, or depend on the Mrs. EDDIE BERNICE JOHNSON of such time as I may consume. Lakes for their drinking water. Texas. I have no additional speakers, I rise in support of S.J. Res. 35, which One of the areas of concerns targeted by and I yield back the balance of my amends Public Law 108–331. This public the Legacy Act is the Milwaukee Estuary in time. law provided for the construction and my district which includes the lower portions of The SPEAKER pro tempore. The location and related activities in sup- several rivers (the Milwaukee River, question is on the motion offered by port of the VERITAS project in Ari- Menomonee River, and Kinnickinnic Rivers) the gentlewoman from Texas (Ms. zona. and the inner and outer areas of the Mil- EDDIE BERNICE JOHNSON) that the Madam Speaker, this Senate resolu- waukee harbor and nearshore waters of Lake House suspend the rules and pass the tion amends this law by identifying an- Michigan. bill, H.R. 6460, as amended. other location for the VERITAS The rivers that flow through the area were The question was taken. project. S.J. Res. 35 authorizes the for decades filled with toxic contaminants such The SPEAKER pro tempore. In the Smithsonian to relocate the telescope as PCBs (polychlorinated biphenylshydro- opinion of the Chair, two-thirds being to Fred Lawrence Whipple Observatory carbons), PAHs (polychlorinated biphenyls and in the affirmative, the ayes have it. Base Camp on Mount Hopkins, Arizona, polyaromatic hydrocarbons), and industrial Mr. BOOZMAN. Madam Speaker, I from the original site at Kitt Peak, Ar- heavy metals. object to the vote on the ground that a izona. This is a simple but necessary Recently, the EPA and the Wisconsin De- quorum is not present and make the change, and I urge my colleagues to partment of Natural Resources announced point of order that a quorum is not support this resolution. that they will soon begin a $22 million cleanup present. I reserve the balance of my time. project to remove contaminated sediment from The SPEAKER pro tempore. Pursu- Mr. GRAVES. Madam Speaker, I the Kinnickinnic River using Great Lakes Act ant to clause 8 of rule XX and the yield myself such time as I may con- funding ($14 million). Chair’s prior announcement, further sume. The project would remove about 170,000 proceedings on this motion will be Madam Speaker, I rise in support of cubic yards of sediment contaminated with postponed. Senate Joint Resolution 35 that would PCBs and PAHs and is expected to be com- The point of no quorum is considered amend Public Law 108–331 to provide pleted in Late 2009. withdrawn. for the Smithsonian Institution’s con- The project’s successful completion will f struction of certain facilities in sup- mean the removal of about 1,200 pounds of port of the Very Energetic Radiation harmful PCBs and 13,000 pounds of PAHs VERITAS TELESCOPE RELOCATION Imaging Telescope Array System, or and lead to the reduction of contaminated Ms. EDDIE BERNICE JOHNSON of VERITAS. sediment being transported downstream to Texas. Madam Speaker, I move to sus- The VERITAS project is a collabora- Lake Michigan. It will also improve the habitat pend the rules and pass the Senate tion with the National Science Founda- for fish and wildlife that live in or near the joint resolution (S.J. Res. 35) to amend tion and the Department of Energy as river, while increasing recreational and com- Public Law 108–331 to provide for the the lead agencies. Universities in the mercial boating use of the river by the public, construction and related activities in United States, the United Kingdom, uses that have been strictly discouraged if not support of the Very Energetic Radi- Canada and Ireland are participants in prohibited for a number of years. ation Imaging Telescope Array System this work. Even as this project moves forward in my (VERITAS) project in Arizona. The goal of the VERITAS project is district, I know that many more are needed The Clerk read the title of the Senate to increase our ability to view gamma- and remain on the drawing board for possible joint resolution. ray radiation in space. action and funding. The text of the Senate joint resolu- According to one estimate, seven projects tion is as follows: b 1715 being reviewed for possible funding under the Legacy Act would have a projected cost of S.J. RES. 35 Studying gamma ray radiation from about $85 million. The Legacy Act received Resolved by the Senate and House of Rep- objects like exploding stars and black $35 million in FY 2008 and this grant program resentatives of the United States of America in holes will help increase our scientific Congress assembled, is currently authorized at $50 million. understanding of the universe. In 1968, SECTION 1. LOCATION OF VERITAS PROJECT. It is clear that the funding needs far out- the first telescope was created to ob- Public Law 108–331 (118 Stat. 1281) is serve this gamma ray radiation. weigh the funding available. Given the high amended— costs of these important projects, it is impor- (1) in the long title, by striking ‘‘on Kitt VERITAS significantly enhances this tant that the federal government step up to the Peak near Tucson, Arizona’’ and inserting technology. plate. This legislation before us does just that ‘‘in Arizona’’; and In 2004, Congress authorized the as it would triple the authorized levels of fund- (2) in section 1, by striking ‘‘on Kitt Peak Smithsonian to construct a control ing for Great Lakes Legacy Act programs. near Tucson, Arizona’’ and inserting ‘‘at the building to support the VERITAS Great Lakes communities have long taken Fred Lawrence Whipple Observatory Base project. The control building would in- pride in protecting our region’s greatest natural Camp on Mount Hopkins, Arizona, or other clude space for computers, technical similar location’’. resources. That pride has been matched by fi- equipment, and other facilities for re- nancial commitment. A study earlier this year The SPEAKER pro tempore. Pursu- searchers to carry out their work with by the Great Lakes and Saint Lawrence Cities ant to the rule, the gentlewoman from the new telescopes. initiatives estimated that local governments in Texas (Ms. EDDIE BERNICE JOHNSON) The original legislation authorized the U.S. and Canada invest over $15 billion and the gentleman from Missouri (Mr. the control building to be built in Kitt annually to protect the Great Lakes and St. GRAVES) each will control 20 minutes. Peak, Arizona, where the VERITAS Lawrence River basin ecosystem. The Chair recognizes the gentle- project was expected to be located. Site It is important that the federal government woman from Texas. and construction preparation began in continue to show its commitment to this region GENERAL LEAVE Kitt Peak in 2004 on land leased to the as well. The strong reauthorizing legislation Ms. EDDIE BERNICE JOHNSON of U.S. Government by a local Indian before us today would help keep that commit- Texas. Madam Speaker, I ask unani- tribe. Unfortunately, in 2005, the

VerDate Aug 31 2005 05:37 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.065 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8350 CONGRESSIONAL RECORD — HOUSE September 17, 2008 project was halted when a lawsuit was I urge my colleagues to join me in sup- and the gentleman from Missouri (Mr. brought and the National Science porting S.J. Res. 35. GRAVES) each will control 20 minutes Foundation issued a stop work order. Ms. EDDIE BERNICE JOHNSON of The Chair recognizes the gentle- As a result, the NSF and the DOE Texas. Madam Speaker, I just urge sup- woman from Texas. began to undertake new environmental port and yield back the balance of my GENERAL LEAVE assessments of the Kitt Peak site and, time. Ms. EDDIE BERNICE JOHNSON of in 2005, started initial work on the The SPEAKER pro tempore. The Texas. Madam Speaker, I ask unani- VERITAS telescopes 35 miles away at question is on the motion offered by mous consent that all Members may the Fred Lawrence Base Camp in the gentlewoman from Texas (Ms. have 5 legislative days within which to Mount Hopkins, Arizona. The plan was EDDIE BERNICE JOHNSON) that the revise and extend their remarks and to move the telescopes to Kitt Peak House suspend the rules and agree to add any extraneous material on H.R. following completion of the necessary the Senate joint resolution, S.J. Res. 6627. assessments. 35. The SPEAKER pro tempore. Is there However, the assessment process con- The question was taken. objection to the request of the gentle- tinued into 2007 and there were con- The SPEAKER pro tempore. In the woman from Texas? cerns about missing windows of oppor- opinion of the Chair, two-thirds being There was no objection. Ms. EDDIE BERNICE JOHNSON of tunities for joint work planned with in the affirmative, the ayes have it. Texas. Madam Speaker, I yield myself NASA’s gamma ray telescope satellite. Mr. GRAVES. Madam Speaker, I ob- In light of this, the VERITAS team such time as I may consume. ject to the vote on the ground that a I rise in strong support of H.R. 6627, sought and received approval from the quorum is not present and make the the Smithsonian Facilities Authoriza- United States Forest Service to test point of order that a quorum is not tion Act of 2008. This bill has bipar- the telescopes at the Whipple Base present. tisan support, including support from Camp. The testing revealed that the The SPEAKER pro tempore. Pursu- Congresswoman MATSUI, Congressman Whipple location produced results com- ant to clause 8 of rule XX and the BECERRA, and Congressman JOHNSON, parable with those they expected at Chair’s prior announcement, further who are Smithsonian regents. Majority Kitt Peak. As a result, the collabo- proceedings on this motion will be Leader HOYER and Ranking Member rative partners agreed that the postponed. MICA are also in support of authorizing VERITAS project should remain at the The point of no quorum is considered construction funding of these two re- Whipple Base Camp. withdrawn. nowned and vital Smithsonian facili- The legislation enacted in 2004 au- f ties. thorized the construction of a control The Mathias Research Center located building by the Smithsonian for the SMITHSONIAN INSTITUTION FA- in Edgewater, Maryland, is a global project; however, it specified Kitt CILITIES AUTHORIZATION ACT leader in the study of ecosystems in Peak, Arizona, as the project location. OF 2008 coastal zones. It was established in the The Senate resolution today would Ms. EDDIE BERNICE JOHNSON of 1930s on a dairy farm in Edgewater, amend that law to authorize the con- Texas. Madam Speaker, I move to sus- Maryland. Nearly one-half of SERC’s struction of the control building at the pend the rules and pass the bill (H.R. 146 employees and fellows conduct the Whipple Base Camp in Mount Hopkins, 6627) to authorize the Board of Regents majority of their work in trailers. A Arizona, where the VERITAS project is of the Smithsonian Institution to carry major part of SERC’s mission is re- now located. out certain construction projects, and search and professional training of the This resolution does not authorize for other purposes. next generation of environmental sci- any additional funds for the project. The Clerk read the title of the bill. entists. The Board of Regents of the Smithso- The resolution simply authorizes the The text of the bill is as follows: change in the location of the project at nian Institution requested authority to H.R. 6627 no additional cost. design and construct laboratory space I urge my colleagues to support the Be it enacted by the Senate and House of Rep- to accommodate the Mathias Labora- bill. resentatives of the United States of America in tory at SERC. Congress assembled, If the gentlelady does not have any The Board requested authority to up- further speakers, Madam Speaker, I SECTION 1. SHORT TITLE. grade and replace the facility to elimi- This Act may be cited as the ‘‘Smithsonian would go ahead then and yield back the nate unsafe trailers and address sub- Institution Facilities Authorization Act of standard, inefficient labs. The facility balance of my time. 2008’’. and its support spaces need to be re- Mr. OBERSTAR. Madam Speaker, I rise in SEC. 2. LABORATORY AND SUPPORT SPACE, strong support of S.J. Res. 35, which amends EDGEWATER, MARYLAND. placed. The Smithsonian Tropical Research Public Law 108–331 to provide for the con- (a) AUTHORITY TO DESIGN AND CON- struction and related activities in support of the STRUCT.—The Board of Regents of the Smith- Institute, located in Mathias Research Very Energetic Radiation Imaging Telescope sonian Institution is authorized to design Center, Panama, is the principal Array System, ‘‘VERITAS’’, project in Arizona. and construct laboratory and support space United States organization devoted to research in tropical biology which will Public Law 108–331 was passed in October to accommodate the Mathias Laboratory at the Smithsonian Environmental Research advance scientific study and improve 2004 during the 108th Congress. Center in Edgewater, Maryland. human welfare. Ecological catas- This joint resolution authorizes the Smithso- (b) AUTHORIZATION OF APPROPRIATIONS.— trophes such as drought, starvation, nian Institution to permanently locate the tele- There is authorized to be appropriated to and flooding caused by deforestation scope at the Fred Lawrence Whipple Observ- carry out this section a total of $41,000,000 and overpopulation of tropical regions atory Base Camp on Mount Hopkins, Arizona, for fiscal years 2009 through 2011. Such sums shall remain available until expended. are studied for causes and remedies. which is approximately 35 miles from the origi- This facility is a world-renowned re- SEC. 3. LABORATORY SPACE, GAMBOA, PANAMA. nal site, Kitt Peak’s Horseshoe Canyon. The search and education center dedicated Smithsonian Institution has set up the tele- (a) AUTHORITY TO CONSTRUCT.—The Board of Regents of the Smithsonian Institution is to research and analysis of tropical scope at this site on an interim basis and the ecosystems. The Board of Regents re- VERITAS Science Consortium and Smithso- authorized to construct laboratory space to accommodate the terrestrial research pro- quested authority to replace current nian Astrophysical Observatory request that gram of the Smithsonian tropical research science building structure that is heav- the VERITAS telescope remain at the Whipple institute in Gamboa, Panama. ily infested with termites. Observatory for the rest of its scientific life. As (b) AUTHORIZATION OF APPROPRIATIONS.— I support these projects and the a result, the Board of Regents of the Smithso- There is authorized to be appropriated to Board of Regents’ request for construc- nian Institution requests an amendment to carry out this section a total of $14,000,000 tion authorization. Public Law 108331 to authorize the Board to for fiscal years 2009 and 2010. Such sums shall I urge passage. locate the VERITAS telescope at Fred Law- remain available until expended. I reserve the balance of my time. rence Whipple Observatory Base Camp on The SPEAKER pro tempore. Pursu- Mr. GRAVES. Madam Speaker, I Mount Hopkins, Arizona, or other similar loca- ant to the rule, the gentlewoman from yield myself as much time as I may tion. Texas (Ms. EDDIE BERNICE JOHNSON) consume.

VerDate Aug 31 2005 04:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.104 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8351 Madam Speaker, H.R. 6627 authorizes ing, and a variety of lab support spaces. Near- rules were suspended and the bill was construction of permanent structures ly one-half of SERC’s 146 employees and fel- passed. to serve as Smithsonian research fa- lows conduct the majority of their work in trail- A motion to reconsider was laid on cilities in Edgewater, Maryland, and ers. A major part of SERC’s mission is to con- the table. Gamboa, Panama. The new buildings duct research and professional training of the f will replace aging leased and tem- next generation of environmental scientists. porary structure, and provide needed The Board of Regents of the Smithsonian ANNOUNCEMENT BY THE SPEAKER research space for the Smithsonian’s Institution requested authority to design and PRO TEMPORE research mission. construct laboratory space to accommodate The SPEAKER pro tempore. Pursu- As part of a comprehensive facilities the Mathias Laboratory at SERC. The Board ant to clause 8 of rule XX, proceedings management plan, the Smithsonian requested authority to upgrade and replace will resume on motions to suspend the has identified these two research cen- the facility to eliminate unsafe trailers and ad- rules previously postponed. ters as facilities in need of permanent, dress substandard, inefficient labs. The facility Votes will be taken in the following modern research buildings. The con- and its support spaces need to be replaced. order: struction of the laboratories author- The bill authorizes a total of $41 million for fis- H. Res. 1335, de novo; ized by this bill will enable the Smith- cal years 2009 through 2011 to design and S. 2339, de novo; sonian to reduce its leased space inven- construct the Mathias Laboratory. H.R. 1594, de novo. tory and consolidate its research oper- The Smithsonian Tropical Research Institute The first electronic vote will be con- ations. This will also allow the Smith- is located in Gamboa, Panama. STRI is the ducted as a 15-minute vote. Remaining sonian to close 80-year-old buildings principal United States organization devoted to electronic votes will be conducted as 5- that are costly to operate and not suit- research in tropical biology. Both scientific ad- minute votes. able for renovation. vancement and human welfare depend on a Construction of new facilities in continuing commitment to research in tropical f Gamboa will allow the Smithsonian to biology for such things as finding untapped CELEBRATING THE 120-YEAR move out of general office space recon- tropical resources to add to the important sup- PARTNERSHIP BETWEEN THE figured for research and consolidate op- ply of food, pharmaceuticals, and fiber that we GOVERNMENT AND STATE VET- erations into a government-owned already get from the tropics, and to give us a ERANS HOMES structure more appropriate and less better understanding of how to avoid further The SPEAKER pro tempore. The un- costly for a modern research facility. ecological catastrophes such as drought, star- finished business is the question on The Edgewater, Maryland, research vation, and flooding caused by deforestation suspending the rules and agreeing to facility will finally have permanent and overpopulation of tropical regions. the resolution, H. Res. 1335. structures after working for many The STRI facility is a world-renowned re- The Clerk read the title of the resolu- years out of temporary trailers. These search and education center dedicated to re- tion. trailers are expensive to maintain, and search and analysis of tropical ecosystems. The SPEAKER pro tempore. The have a short, useful life. The Board of Regents requested authority to question is on the motion offered by Because the new buildings will be replace current science building structure that the gentleman from California (Mr. government-owned and cost less to op- is heavily infested with termites. The bill au- FILNER) that the House suspend the erate and maintain, this legislation is thorizes a total of $14 million for fiscal years rules and agree to the resolution, H. expected to save money in the long 2009 and 2010 to construct the laboratory. term. The new facilities will be de- Madam Speaker, over the past two years, Res. 1335. signed to meet the specific needs of the the Board of Regents of the Smithsonian Insti- The question was taken. research centers. tution has worked to address numerous man- The SPEAKER pro tempore. In the Government ownership of the struc- agement shortfalls. I look forward to working opinion of the Chair, two-thirds being tures will save taxpayer dollars by in- with the Board of Regents and the new Sec- in the affirmative, the ayes have it. vesting in assets that will continue to retary of the Smithsonian, Secretary G. Wayne Mrs. CAPITO. Madam Speaker, on serve the Smithsonian Institution over Clough, as we continue to work together to that I demand the yeas and nays. time. The dilapidated buildings and improve the Smithsonian’s management prac- The yeas and nays were ordered. trailers currently used consume build- tices and carry out James Smithson’s man- The vote was taken by electronic de- ing maintenance resources and are a li- date of 1826: ‘‘for the increase and diffusion of vice, and there were—yeas 411, nays 0, ability to the government rather than knowledge among men.’’ not voting 22, as follows: an asset. Replacement of the old build- I thank Committee on Transportation and In- [Roll No. 602] ings will allow us to shift dollars from frastructure Ranking Member MICA, Sub- YEAS—411 maintaining aging structures to cre- committee Chairwoman NORTON, Committee Abercrombie Bonner Carter ating modern, useful facilities. on House Administration Chairman BRADY and Ackerman Bono Mack Castle I am encouraged by the Aderholt Boozman Castor Ranking Member EHLERS, the Smithsonian Akin Boren Cazayoux Smithsonian’s responsible property Congressional Regents, Mr. BECERRA, Ms. Alexander Boswell Chabot management decisions in these two MATSUI, and Mr. JOHNSON of Texas, and Ma- Allen Boucher Chandler cases, and I ask my colleagues to jority Leader HOYER for their support in author- Altmire Boustany Childers Andrews Boyd (FL) Clarke please join me in supporting H.R. 6627. izing construction funding of these two vital Arcuri Boyda (KS) Clay Mr. OBERSTAR. Madam Speaker, I rise in Smithsonian facilities. Bachmann Brady (PA) Cleaver strong support of H.R. 6627, the ‘‘Smithsonian I strongly urge my colleagues to join me in Bachus Braley (IA) Clyburn Facilities Authorization Act of 2008’’. Baird Broun (GA) Coble supporting H.R. 6627, the ‘‘Smithsonian Insti- Baldwin Brown (SC) Cohen H.R. 6627 authorizes the Board of Regents tution Facilities Authorization Act of 2008’’. Barrett (SC) Brown, Corrine Cole (OK) of the Smithsonian Institution to design and Mr. GRAVES. Madam Speaker, I Barrow Brown-Waite, Conaway construct laboratory space to accommodate yield back the balance of my time. Bartlett (MD) Ginny Cooper Barton (TX) Buchanan Costa the Mathias Laboratory at the Smithsonian En- Ms. EDDIE BERNICE JOHNSON of Bean Burgess Costello vironmental Research Center (‘‘SERC’’) in Texas. Madam Speaker, I rise in sup- Becerra Burton (IN) Courtney Edgewater, Maryland. The bill also authorizes port of the act to replace these two fa- Berkley Butterfield Cramer the Board of Regents to construct laboratory cilities, and I yield back the balance of Berman Buyer Crenshaw Berry Calvert Crowley space to accommodate the terrestrial research my time. Biggert Camp (MI) Cuellar program of the Smithsonian Tropical Research The SPEAKER pro tempore. The Bilbray Campbell (CA) Culberson Institute (‘‘STRI’’) in Gamboa, Panama. question is on the motion offered by Bilirakis Cantor Cummings The SERC is a global leader in the study of the gentlewoman from Texas (Ms. Bishop (GA) Capito Davis (AL) Bishop (NY) Capps Davis (CA) ecosystems in coastal zones. Founded on the EDDIE BERNICE JOHNSON) that the Bishop (UT) Capuano Davis (IL) site of an abandoned 1930s dairy farm in House suspend the rules and pass the Blackburn Cardoza Davis (KY) Edgewater, Maryland, the SERC facilities in- bill, H.R. 6627. Blumenauer Carnahan Davis, David Blunt Carney Davis, Lincoln clude farm buildings, the Mathias Laboratory, The question was taken; and (two- Boehner Carson Davis, Tom 10 temporary trailers, an administrative build- thirds being in the affirmative) the

VerDate Aug 31 2005 05:37 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.106 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8352 CONGRESSIONAL RECORD — HOUSE September 17, 2008 Deal (GA) Kildee Pickering Wamp Weldon (FL) Wittman (VA) Brown-Waite, Gilchrest McCollum (MN) DeFazio Kilpatrick Platts Wasserman Weller Wolf Ginny Gillibrand McCotter DeGette Kind Pomeroy Schultz Westmoreland Woolsey Buchanan Gingrey McDermott Delahunt King (IA) Porter Waters Wexler Wu Burgess Gohmert McGovern DeLauro King (NY) Price (GA) Watson Whitfield (KY) Yarmuth Burton (IN) Gonzalez McHenry Dent Kingston Price (NC) Watt Wilson (NM) Young (AK) Butterfield Goode McHugh Diaz-Balart, L. Kirk Pryce (OH) Weiner Wilson (OH) Young (FL) Buyer Goodlatte McIntyre Diaz-Balart, M. Klein (FL) Putnam Welch (VT) Wilson (SC) Calvert Gordon McKeon Dicks Kline (MN) Radanovich Camp (MI) Granger McMorris Dingell Knollenberg Rahall NOT VOTING—22 Campbell (CA) Graves Rodgers Doggett Kucinich Ramstad Baca Hoekstra Moran (VA) Cannon Green, Al McNerney Donnelly Kuhl (NY) Rangel Brady (TX) Hulshof Pitts Cantor Green, Gene McNulty Doolittle LaHood Regula Cannon Hunter Poe Capito Gutierrez Meek (FL) Doyle Lamborn Rehberg Conyers Jackson-Lee Reynolds Capps Hall (NY) Meeks (NY) Drake Langevin Reichert Cubin (TX) Stark Capuano Hall (TX) Melancon Duncan Larsen (WA) Renzi Dreier Lampson Udall (CO) Cardoza Hare Mica Edwards (MD) Larson (CT) Reyes Grijalva McCarthy (NY) Waxman Carnahan Harman Michaud Edwards (TX) Latham Richardson Hastings (FL) McCrery Carney Hastings (WA) Miller (FL) Ehlers LaTourette Rodriguez Carson Hayes Miller (MI) Ellison Latta Rogers (AL) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Carter Heller Miller (NC) Ellsworth Lee Rogers (KY) The SPEAKER pro tempore (during Castle Hensarling Miller, Gary Emanuel Levin Rogers (MI) the vote). There are 2 minutes remain- Castor Herger Miller, George Emerson Lewis (CA) Rohrabacher ing in this vote. Cazayoux Herseth Sandlin Mitchell Engel Lewis (GA) Ros-Lehtinen Chabot Higgins Mollohan English (PA) Lewis (KY) Roskam Chandler Hill Moore (KS) Eshoo Linder Ross b 1754 Childers Hinchey Moore (WI) Etheridge Lipinski Rothman Mr. BAIRD changed his vote from Clarke Hinojosa Moran (KS) Everett LoBiondo Roybal-Allard Clay Hirono Moran (VA) Fallin Loebsack Royce ‘‘nay’’ to ‘‘yea.’’ Cleaver Hobson Murphy (CT) Farr Lofgren, Zoe Ruppersberger So (two-thirds being in the affirma- Clyburn Hodes Murphy, Patrick Fattah Lowey Rush tive) the rules were suspended and the Coble Holden Murphy, Tim Feeney Lucas Ryan (OH) Cohen Holt Murtha Ferguson Lungren, Daniel Ryan (WI) resolution was agreed to. Cole (OK) Honda Musgrave Filner E. Salazar The result of the vote was announced Conaway Hooley Myrick Flake Lynch Sali as above recorded. Conyers Hoyer Nadler Forbes Mack Sa´ nchez, Linda A motion to reconsider was laid on Cooper Hunter Napolitano Fortenberry Mahoney (FL) T. Costa Inglis (SC) Neal (MA) Fossella Maloney (NY) Sanchez, Loretta the table. Costello Inslee Neugebauer Foster Manzullo Sarbanes Stated for: Courtney Israel Nunes Foxx Marchant Saxton Mr. CONYERS. Madam Speaker, I was in- Cramer Issa Oberstar Frank (MA) Markey Scalise advertently detained today and regret missing Crenshaw Jackson (IL) Obey Franks (AZ) Marshall Schakowsky Crowley Jefferson Olver Frelinghuysen Matheson Schiff the vote on House Resolution 1335. Had I Cuellar Johnson (GA) Ortiz Gallegly Matsui Schmidt been able to vote, I would have voted ‘‘yea’’. Culberson Johnson (IL) Pallone Garrett (NJ) McCarthy (CA) Schwartz Cummings Johnson, E. B. Pascrell Gerlach McCaul (TX) Scott (GA) f Davis (AL) Johnson, Sam Pastor Giffords McCollum (MN) Scott (VA) Davis (CA) Jones (NC) Paul Gilchrest McCotter Sensenbrenner LIEUTENANT COLONEL CLEMENT Davis (IL) Jordan Payne Gillibrand McDermott Serrano C. VAN WAGONER DEPARTMENT Davis (KY) Kagen Pearce Gingrey McGovern Sessions Davis, David Kanjorski Pence Gohmert McHenry Sestak OF VETERANS AFFAIRS CLINIC Davis, Lincoln Kaptur Perlmutter Gonzalez McHugh Shadegg The SPEAKER pro tempore. The un- Davis, Tom Keller Peterson (MN) Goode McIntyre Shays Deal (GA) Kennedy Peterson (PA) Goodlatte McKeon Shea-Porter finished business is the question on DeFazio Kildee Petri Gordon McMorris Sherman suspending the rules and passing the DeGette Kilpatrick Pickering Granger Rodgers Shimkus Senate bill, S. 2339. Delahunt Kind Platts Graves McNerney Shuler DeLauro King (IA) Pomeroy Green, Al McNulty Shuster The Clerk read the title of the Senate Dent King (NY) Porter Green, Gene Meek (FL) Simpson bill. Diaz-Balart, L. Kingston Price (GA) Gutierrez Meeks (NY) Sires The SPEAKER pro tempore. The Diaz-Balart, M. Kirk Price (NC) Hall (NY) Melancon Skelton question is on the motion offered by Dicks Klein (FL) Pryce (OH) Hall (TX) Mica Slaughter Dingell Kline (MN) Putnam Hare Michaud Smith (NE) the gentleman from California (Mr. Doggett Knollenberg Radanovich Harman Miller (FL) Smith (NJ) FILNER) that the House suspend the Donnelly Kucinich Rahall Hastings (WA) Miller (MI) Smith (TX) rules and pass the Senate bill, S. 2339. Doolittle Kuhl (NY) Ramstad Hayes Miller (NC) Smith (WA) Doyle LaHood Rangel Heller Miller, Gary Snyder The question was taken. Drake Lamborn Regula Hensarling Miller, George Solis The SPEAKER pro tempore. In the Duncan Langevin Rehberg Herger Mitchell Souder opinion of the Chair, two-thirds being Edwards (MD) Larsen (WA) Reichert Herseth Sandlin Mollohan Space in the affirmative, the ayes have it. Edwards (TX) Larson (CT) Renzi Higgins Moore (KS) Speier Ehlers Latham Reyes Hill Moore (WI) Spratt Mr. WALBERG. Madam Speaker, on Ellison LaTourette Richardson Hinchey Moran (KS) Stearns that I demand the yeas and nays. Ellsworth Latta Rodriguez Hinojosa Murphy (CT) Stupak The yeas and nays were ordered. Emanuel Lee Rogers (AL) Hirono Murphy, Patrick Sullivan Emerson Levin Rogers (KY) Hobson Murphy, Tim Sutton The SPEAKER pro tempore. This is a Engel Lewis (CA) Rogers (MI) Hodes Murtha Tancredo 5-minute vote. English (PA) Lewis (GA) Rohrabacher Holden Musgrave Tanner The vote was taken by electronic de- Eshoo Lewis (KY) Ros-Lehtinen Holt Myrick Tauscher vice, and there were—yeas 412, nays 0, Etheridge Linder Roskam Honda Nadler Taylor Everett Lipinski Ross Hooley Napolitano Terry not voting 21, as follows: Fallin LoBiondo Rothman Hoyer Neal (MA) Thompson (CA) [Roll No. 603] Farr Loebsack Roybal-Allard Inglis (SC) Neugebauer Thompson (MS) Fattah Lofgren, Zoe Royce Inslee Nunes Thornberry YEAS—412 Feeney Lowey Ruppersberger Israel Oberstar Tiahrt Abercrombie Bartlett (MD) Boehner Ferguson Lucas Rush Issa Obey Tiberi Ackerman Barton (TX) Bonner Filner Lungren, Daniel Ryan (OH) Jackson (IL) Olver Tierney Aderholt Bean Bono Mack Flake E. Ryan (WI) Jefferson Ortiz Towns Akin Becerra Boozman Forbes Lynch Salazar Johnson (GA) Pallone Tsongas Alexander Berkley Boren Fortenberry Mack Sali Johnson (IL) Pascrell Turner Allen Berman Boswell Fossella Mahoney (FL) Sa´ nchez, Linda Johnson, E. B. Pastor Udall (NM) Altmire Berry Boucher Foster Maloney (NY) T. Johnson, Sam Paul Upton Andrews Biggert Boustany Foxx Manzullo Sanchez, Loretta Jones (NC) Payne Van Hollen Arcuri Bilbray Boyd (FL) Frank (MA) Marchant Sarbanes Jordan Pearce Vela´ zquez Bachmann Bilirakis Boyda (KS) Franks (AZ) Markey Saxton Kagen Pence Visclosky Bachus Bishop (GA) Brady (PA) Frelinghuysen Marshall Scalise Kanjorski Perlmutter Walberg Baird Bishop (NY) Braley (IA) Gallegly Matheson Schakowsky Kaptur Peterson (MN) Walden (OR) Baldwin Blackburn Broun (GA) Garrett (NJ) Matsui Schiff Keller Peterson (PA) Walsh (NY) Barrett (SC) Blumenauer Brown (SC) Gerlach McCarthy (CA) Schmidt Kennedy Petri Walz (MN) Barrow Blunt Brown, Corrine Giffords McCaul (TX) Schwartz

VerDate Aug 31 2005 04:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.076 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8353 Scott (GA) Spratt Walsh (NY) Biggert English (PA) Lewis (KY) Ross Simpson Van Hollen Scott (VA) Stearns Walz (MN) Bilbray Eshoo Lipinski Rothman Sires Vela´ zquez Sensenbrenner Stupak Wamp Bilirakis Etheridge LoBiondo Roybal-Allard Skelton Visclosky Serrano Sullivan Wasserman Bishop (GA) Everett Loebsack Royce Slaughter Walberg Sessions Sutton Schultz Bishop (NY) Fallin Lofgren, Zoe Ruppersberger Smith (NE) Walden (OR) Sestak Tancredo Watson Bishop (UT) Farr Lowey Rush Smith (NJ) Walsh (NY) Shadegg Tanner Watt Blackburn Fattah Lucas Ryan (OH) Smith (TX) Walz (MN) Shays Tauscher Waxman Blumenauer Feeney Lungren, Daniel Ryan (WI) Smith (WA) Wamp Shea-Porter Taylor Weiner Salazar Snyder Blunt Ferguson E. Wasserman Sherman Terry Welch (VT) Sali Solis Boehner Filner Lynch Schultz Shimkus Thompson (CA) Weldon (FL) Bonner Flake Mack Sa´ nchez, Linda Souder Waters Shuler Thompson (MS) Weller Bono Mack Forbes Mahoney (FL) T. Space Watson Shuster Thornberry Westmoreland Boozman Fortenberry Maloney (NY) Sanchez, Loretta Speier Watt Simpson Tiahrt Wexler Boren Fossella Manzullo Sarbanes Spratt Waxman Sires Tiberi Whitfield (KY) Boswell Foster Marchant Saxton Stearns Skelton Tierney Wilson (NM) Boucher Foxx Markey Scalise Stupak Weiner Slaughter Towns Wilson (OH) Boustany Frank (MA) Marshall Schakowsky Sullivan Welch (VT) Smith (NE) Turner Wilson (SC) Boyd (FL) Franks (AZ) Matsui Schiff Sutton Weldon (FL) Smith (NJ) Udall (NM) Wittman (VA) Boyda (KS) Frelinghuysen McCarthy (CA) Schmidt Tancredo Weller Smith (WA) Upton Wolf Brady (PA) Gallegly McCaul (TX) Schwartz Tanner Westmoreland Snyder Van Hollen Woolsey Braley (IA) Garrett (NJ) McCollum (MN) Scott (GA) Tauscher Wexler Solis Vela´ zquez Wu Broun (GA) Gerlach McCotter Scott (VA) Taylor Whitfield (KY) Souder Visclosky Yarmuth Brown (SC) Giffords McDermott Sensenbrenner Terry Wilson (NM) Space Walberg Young (AK) Brown, Corrine Gilchrest McGovern Serrano Thompson (CA) Wilson (OH) Speier Walden (OR) Young (FL) Brown-Waite, Gillibrand McHenry Sessions Thompson (MS) Wilson (SC) Ginny Gingrey McHugh Sestak Thornberry Wittman (VA) NOT VOTING—21 Shadegg Burgess Gohmert McIntyre Tiahrt Wolf Shays Tiberi Baca Hulshof Reynolds Burton (IN) Gonzalez McKeon Woolsey Shea-Porter Tierney Bishop (UT) Jackson-Lee Smith (TX) Butterfield Goode McMorris Wu Brady (TX) (TX) Sherman Towns Stark Buyer Goodlatte Rodgers Yarmuth Cubin Lampson Tsongas Calvert Gordon McNerney Shimkus Turner Shuler Udall (NM) Young (AK) Dreier McCarthy (NY) Udall (CO) Camp (MI) Graves McNulty Shuster Upton Young (FL) Grijalva McCrery Waters Campbell (CA) Green, Al Meek (FL) Hastings (FL) Pitts Cannon Green, Gene Meeks (NY) NOT VOTING—23 Hoekstra Poe Cantor Gutierrez Melancon Abercrombie Hastings (FL) McCarthy (NY) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Capito Hall (NY) Mica Capps Hall (TX) Michaud Baca Hoekstra McCrery The SPEAKER pro tempore (during Capuano Hare Miller (FL) Brady (TX) Hulshof Pitts the vote). Two minutes remain in the Cardoza Harman Miller (MI) Buchanan Jackson-Lee Poe Cubin (TX) Reynolds vote. Carnahan Hastings (WA) Miller (NC) Carney Hayes Miller, Gary Dreier Lampson Stark Granger Linder Tsongas Carson Heller Miller, George b 1802 Grijalva Matheson Udall (CO) Carter Hensarling Mitchell So (two-thirds being in the affirma- Castle Herger Mollohan ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tive) the rules were suspended and the Castor Herseth Sandlin Moore (KS) Cazayoux Higgins Moore (WI) The SPEAKER pro tempore (during bill was passed. Chabot Hill Moran (KS) the vote). Two minutes remain in the The result of the vote was announced Chandler Hinchey Moran (VA) vote. as above recorded. Childers Hinojosa Murphy (CT) A motion to reconsider was laid on Clarke Hirono Murphy, Patrick b 1810 Clay Hobson Murphy, Tim the table. Cleaver Hodes Murtha So (two-thirds being in the affirma- Clyburn Holden Musgrave tive) the rules were suspended and the f Coble Holt Myrick bill was passed. Cohen Honda Nadler The result of the vote was announced MICHAEL A. MARZANO DEPART- Cole (OK) Hooley Napolitano MENT OF VETERANS AFFAIRS Conaway Hoyer Neal (MA) as above recorded. OUTPATIENT CLINIC Conyers Hunter Neugebauer A motion to reconsider was laid on Cooper Inglis (SC) Nunes the table. The SPEAKER pro tempore. The un- Costa Inslee Oberstar finished business is the question on Costello Israel Obey f Courtney Issa Olver suspending the rules and passing the Cramer Jackson (IL) Ortiz REPORT ON RESOLUTION PRO- bill, H.R. 1594. Crenshaw Jefferson Pallone VIDING FOR CONSIDERATION OF The Clerk read the title of the bill. Crowley Johnson (GA) Pascrell H.R. 6604, COMMODITY MARKETS Cuellar Johnson (IL) Pastor The SPEAKER pro tempore. The Culberson Johnson, E. B. Paul TRANSPARENCY AND ACCOUNT- question is on the motion offered by Cummings Johnson, Sam Payne ABILITY ACT OF 2008 the gentleman from California (Mr. Davis (AL) Jones (NC) Pearce Ms. SLAUGHTER, from the Com- FILNER) that the House suspend the Davis (CA) Jordan Pence Davis (IL) Kagen Perlmutter mittee on Rules, submitted a privi- rules and pass the bill, H.R. 1594. Davis (KY) Kanjorski Peterson (MN) leged report (Rept. No. 110–859) on the The question was taken. Davis, David Kaptur Peterson (PA) resolution (H. Res. 1449) providing for The SPEAKER pro tempore. In the Davis, Lincoln Keller Petri Davis, Tom Kennedy Pickering consideration of the bill (H.R. 6604) to opinion of the Chair, two-thirds being Deal (GA) Kildee Platts amend the Commodity Exchange Act in the affirmative, the ayes have it. DeFazio Kilpatrick Pomeroy to bring greater transparency and ac- RECORDED VOTE DeGette Kind Porter Delahunt King (IA) Price (GA) countability to commodity markets, Mr. DONNELLY. Madam Speaker, I DeLauro King (NY) Price (NC) and for other purposes, which was re- demand a recorded vote. Dent Kingston Pryce (OH) ferred to the House Calendar and or- A recorded vote was ordered. Diaz-Balart, L. Kirk Putnam dered to be printed. Diaz-Balart, M. Klein (FL) Radanovich The SPEAKER pro tempore. This is a Dicks Kline (MN) Rahall f 5-minute vote. Dingell Knollenberg Ramstad The vote was taken by electronic de- Doggett Kucinich Rangel AUTHORIZING AND DIRECTING vice, and there were—ayes 410, noes 0, Donnelly Kuhl (NY) Regula THE COMMITTEE ON THE JUDICI- Doolittle LaHood Rehberg not voting 23, as follows: ARY TO INQUIRE WHETHER THE Doyle Lamborn Reichert HOUSE SHOULD IMPEACH G. [Roll No. 604] Drake Langevin Renzi Duncan Larsen (WA) Reyes THOMAS PORTEOUS, A JUDGE OF AYES—410 Edwards (MD) Larson (CT) Richardson THE UNITED STATES DISTRICT Ackerman Arcuri Bartlett (MD) Edwards (TX) Latham Rodriguez COURT FOR THE EASTERN DIS- Aderholt Bachmann Barton (TX) Ehlers LaTourette Rogers (AL) Akin Bachus Bean Ellison Latta Rogers (KY) TRICT OF LOUISIANA Alexander Baird Becerra Ellsworth Lee Rogers (MI) Ms. SLAUGHTER. Mr. Speaker, I ask Allen Baldwin Berkley Emanuel Levin Rohrabacher Altmire Barrett (SC) Berman Emerson Lewis (CA) Ros-Lehtinen unanimous consent that the Com- Andrews Barrow Berry Engel Lewis (GA) Roskam mittee on Rules be discharged from

VerDate Aug 31 2005 04:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.078 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8354 CONGRESSIONAL RECORD — HOUSE September 17, 2008 further consideration of House Resolu- will postpone further proceedings ‘‘(ii) carrying out all other functions of the tion 1448 and ask for its immediate today on motions to suspend the rules Secretary under section 106(g) of the Housing consideration in the House. on which a recorded vote or the yeas and Urban Development Act of 1968, includ- The Clerk read the title of the resolu- and nays are ordered, or on which the ing the establishment, operation, and publi- cation of the availability of the toll-free tion. vote is objected to under clause 6 of telephone number under paragraph (2) of The SPEAKER pro tempore (Mr. rule XX. such section; JOHNSON of Georgia). Is there objection Record votes on postponed questions ‘‘(iii) carrying out section 5 of the Real Es- to the request of the gentlewoman will be taken tomorrow. tate Settlement Procedures Act of 1974 (12 from New York? f U.S.C. 2604) for home buying information There was no objection. booklets prepared pursuant to such section; The text of the resolution is as fol- EXPAND AND PRESERVE HOME ‘‘(iv) carrying out the certification pro- lows: OWNERSHIP THROUGH COUN- gram under section 106(e) of the Housing and H. RES. 1448 SELING ACT Urban Development Act of 1968 (12 U.S.C. 1701x(e)); Resolved, That the Committee on the Judi- Mr. SCOTT of Georgia. Mr. Speaker, ‘‘(v) carrying out the assistance program ciary shall inquire whether the House should I move to suspend the rules and pass under section 106(a)(4) of the Housing and impeach G. Thomas Porteous, a judge of the the bill (H.R. 3019) to establish an Of- Urban Development Act of 1968, including United States District Court for the Eastern fice of Housing Counseling to carry out criteria for selection of applications to re- District of Louisiana. and coordinate the responsibilities of ceive assistance; SEC. 2. The Committee on the Judiciary or any subcommittee or task force designated the Department of Housing and Urban ‘‘(vi) carrying out any functions regarding by the Committee may, in connection with Development regarding counseling on abusive, deceptive, or unscrupulous lending the inquiry under this resolution, take affi- homeownership and rental housing practices relating to residential mortgage davits and depositions by a member, counsel, issues, to make grants to entities for loans that the Secretary considers appro- or consultant of the Committee, pursuant to providing such counseling, to launch a priate, which shall include conducting the notice or subpoena. national housing counseling adver- study under section 6 of the Expand and Pre- SEC. 3. There shall be paid out of the appli- serve Home Ownership Through Counseling tising campaign, and for other pur- Act; cable accounts of the House such sums as poses, as amended. may be necessary to assist the Committee on ‘‘(vii) providing for operation of the advi- The Clerk read the title of the bill. sory committee established under paragraph the Judiciary in conducting the inquiry The text of the bill is as follows: under this resolution, any of which may be (4) of this subsection; used for the procurement of staff or consult- H.R. 3019 ‘‘(viii) collaborating with community- ant services. Be it enacted by the Senate and House of Rep- based organizations with expertise in the SEC. 4. (a) For the purpose of the inquiry resentatives of the United States of America in field of housing counseling; and under this resolution, the Committee on the Congress assembled, ‘‘(ix) providing for the building of capacity Judiciary is authorized to require by sub- SECTION 1. SHORT TITLE. to provide housing counseling services in poena or otherwise— This Act may be cited as the ‘‘Expand and areas that lack sufficient services. (1) the attendance and testimony of any Preserve Home Ownership Through Coun- ‘‘(4) ADVISORY COMMITTEE.— person (including at a taking of a deposition seling Act’’. ‘‘(A) IN GENERAL.—The Secretary shall ap- by counsel or consultant of the Committee); SEC. 2. ESTABLISHMENT OF OFFICE OF HOUSING point an advisory committee to provide ad- and COUNSELING. vice regarding the carrying out of the func- (2) the production of such things; Section 4 of the Department of Housing tions of the Director. as it deems necessary to such inquiry. and Urban Development Act (42 U.S.C. 3533) ‘‘(B) MEMBERS.—Such advisory committee (b) The Chairman of the Committee on the is amended by adding at the end the fol- shall consist of not more than 12 individuals, Judiciary, after consultation with the Rank- lowing new subsection: and the membership of the committee shall ing Member, may exercise the authority of ‘‘(g) OFFICE OF HOUSING COUNSELING.— equally represent all aspects of the mortgage the Committee under subsection (a). ‘‘(1) ESTABLISHMENT.—There is established, and real estate industry, including con- (c) The Committee on the Judiciary may in the Office of the Secretary, the Office of sumers. adopt a rule regulating the taking of deposi- Housing Counseling. ‘‘(C) TERMS.—Except as provided in sub- tions by a member, counsel, or consultant of ‘‘(2) DIRECTOR.—There is established the paragraph (D), each member of the advisory the Committee, including pursuant to sub- position of Director of Housing Counseling. committee shall be appointed for a term of 3 poena. The Director shall be the head of the Office years. Members may be reappointed at the The resolution was agreed to. of Housing Counseling and shall be appointed discretion of the Secretary. A motion to reconsider was laid on by the Secretary. Such position shall be a ‘‘(D) TERMS OF INITIAL APPOINTEES.—As the table. career-reserved position in the Senior Execu- designated by the Secretary at the time of tive Service. appointment, of the members first appointed f ‘‘(3) FUNCTIONS.— to the advisory committee, 4 shall be ap- GENERAL LEAVE ‘‘(A) IN GENERAL.—The Director shall have pointed for a term of 1 year and 4 shall be ap- ultimate responsibility within the Depart- pointed for a term of 2 years. Ms. SLAUGHTER. Mr. Speaker, I ask ment, except for the Secretary, for all activi- ‘‘(E) PROHIBITION OF PAY; TRAVEL EX- unanimous consent that all Members ties and matters relating to homeownership PENSES.—Members of the advisory com- have 5 legislative days to revise and ex- counseling and rental housing counseling, in- mittee shall serve without pay, but shall re- tend their remarks on the subject of cluding— ceive travel expenses, including per diem in the resolution just adopted. ‘‘(i) research, grant administration, public lieu of subsistence, in accordance with appli- The SPEAKER pro tempore. Is there outreach, and policy development relating to cable provisions under subchapter I of chap- objection to the request of the gentle- such counseling; and ter 57 of title 5, United States Code. woman from New York? ‘‘(ii) establishment, coordination, and ad- ‘‘(F) ADVISORY ROLE ONLY.—The advisory There was no objection. ministration of all regulations, require- committee shall have no role in reviewing or ments, standards, and performance measures awarding housing counseling grants. f under programs and laws administered by ‘‘(5) SCOPE OF HOMEOWNERSHIP COUN- REMOVAL OF NAME OF MEMBER the Department that relate to housing coun- SELING.—In carrying out the responsibilities AS COSPONSOR OF H.R. 2169 seling, homeownership counseling (including of the Director, the Director shall ensure maintenance of homes), mortgage-related that homeownership counseling provided by, Mr. PALLONE. Mr. Speaker, I ask counseling (including home equity conver- in connection with, or pursuant to any func- unanimous consent to remove Con- sion mortgages and credit protection options tion, activity, or program of the Department gressman RICK LARSEN from H.R. 2169, to avoid foreclosure), and rental housing addresses the entire process of homeowner- the Clean Water Protection Act. counseling, including the requirements, ship, including the decision to purchase a The SPEAKER pro tempore. Is there standards, and performance measures relat- home, the selection and purchase of a home, objection to the request of the gen- ing to housing counseling. issues arising during or affecting the period tleman from New Jersey? ‘‘(B) SPECIFIC FUNCTIONS.—The Director of ownership of a home (including refi- There was no objection. shall carry out the functions assigned to the nancing, default and foreclosure, and other Director and the Office under this section financial decisions), and the sale or other f and any other provisions of law. Such func- disposition of a home.’’. ANNOUNCEMENT BY THE SPEAKER tions shall include establishing rules nec- SEC. 3. COUNSELING PROCEDURES. PRO TEMPORE essary for— (a) IN GENERAL.—Section 106 of the Hous- ‘‘(i) the counseling procedures under sec- ing and Urban Development Act of 1968 (12 The SPEAKER pro tempore. Pursu- tion 106(g)(1) of the Housing and Urban De- U.S.C. 1701x) is amended by adding at the end ant to clause 8 of rule XX, the Chair velopment Act of 1968 (12 U.S.C. 1701x(h)(1)); the following new subsection:

VerDate Aug 31 2005 04:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.114 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8355

‘‘(g) PROCEDURES AND ACTIVITIES.— ‘‘(i) section 105(a)(20) of the Housing and including public libraries, senior-citizen cen- ‘‘(1) COUNSELING PROCEDURES.— Community Development Act of 1974 (42 ters, public housing sites, offices of public ‘‘(A) IN GENERAL.—The Secretary shall es- U.S.C. 5305(a)(20)); housing agencies that administer rental tablish, coordinate, and monitor the admin- ‘‘(ii) in the United States Housing Act of housing assistance vouchers, and housing istration by the Department of Housing and 1937— counseling centers. Urban Development of the counseling proce- ‘‘(I) section 9(e) (42 U.S.C. 1437g(e)); ‘‘(4) NATIONAL PUBLIC SERVICE MULTIMEDIA dures for homeownership counseling and ‘‘(II) section 18(a)(4)(D) (42 U.S.C. CAMPAIGNS TO PROMOTE HOUSING COUN- rental housing counseling provided in con- 1437p(a)(4)(D)); SELING.— nection with any program of the Depart- ‘‘(III) section 23(c)(4) (42 U.S.C. 1437u(c)(4)); ‘‘(A) IN GENERAL.—The Director of Housing ment, including all requirements, standards, ‘‘(IV) section 32(e)(4) (42 U.S.C. 1437z– Counseling shall develop, implement, and and performance measures that relate to 4(e)(4)); conduct national public service multimedia homeownership and rental housing coun- ‘‘(V) section 33(d)(2)(B) (42 U.S.C. 1437z– campaigns designed to make persons facing seling. 5(d)(2)(B)); and mortgage foreclosure, persons considering a ‘‘(B) HOMEOWNERSHIP COUNSELING.—For ‘‘(VI) section 302(b)(6) (42 U.S.C. 1437aaa– subprime mortgage loan to purchase a home, purposes of this subsection and as used in 1(b)(6)); elderly persons, persons who face language the provisions referred to in this subpara- ‘‘(iii) section 233(b)(2) of the Cranston-Gon- barriers, low-income persons, and other po- graph, the term ‘homeownership counseling’ zalez National Affordable Housing Act (42 tentially vulnerable consumers aware that it means counseling related to homeownership U.S.C. 12773(b)(2)); is advisable, before seeking or maintaining a residential mortgage loan, to obtain home- and residential mortgage loans. Such term ‘‘(iv) section 106 of the Housing and Urban ownership counseling from an unbiased and includes counseling related to homeowner- Development Act of 1968 (12 U.S.C. 1701x); reliable sources and that such homeowner- ship and residential mortgage loans that is ‘‘(v) section 422(b)(6) of the Cranston-Gon- ship counseling is available, including provided pursuant to— zalez National Affordable Housing Act (42 through programs sponsored by the Sec- ‘‘(i) section 105(a)(20) of the Housing and U.S.C. 12872(b)(6)); retary of Housing and Urban Development. Community Development Act of 1974 (42 ‘‘(vi) section 491(b)(1)(F)(iii) of the McKin- ‘‘(B) CONTACT INFORMATION.—Each segment U.S.C. 5305(a)(20)); ney-Vento Homeless Assistance Act (42 of the multimedia campaign under subpara- ‘‘(ii) in the United States Housing Act of U.S.C. 11408(b)(1)(F)(iii)); graph (A) shall publicize the toll-free tele- 1937— ‘‘(vii) sections 202(3) and 810(b)(2)(A) of the phone number and web site of the Depart- ‘‘(I) section 9(e) (42 U.S.C. 1437g(e)); Native American Housing and Self-Deter- ment of Housing and Urban Development ‘‘(II) section 8(y)(1)(D) (42 U.S.C. mination Act of 1996 (25 U.S.C. 4132(3), through which persons seeking housing 1437f(y)(1)(D)); 4229(b)(2)(A)); and counseling can locate a housing counseling ‘‘(III) section 18(a)(4)(D) (42 U.S.C. ‘‘(viii) the rental assistance program under agency in their State that is certified by the 1437p(a)(4)(D)); section 8 of the United States Housing Act of Secretary of Housing and Urban Develop- ‘‘(IV) section 23(c)(4) (42 U.S.C. 1437u(c)(4)); 1937 (42 U.S.C. 1437f). ment and can provide advice on buying a ‘‘(V) section 32(e)(4) (42 U.S.C. 1437z–4(e)(4)); ‘‘(2) STANDARDS FOR MATERIALS.—The Sec- home, renting, defaults, foreclosures, credit ‘‘(VI) section 33(d)(2)(B) (42 U.S.C. 1437z– retary, in conjunction with the advisory issues, and reverse mortgages. 5(d)(2)(B)); committee established under section 4(g)(4) ‘‘(C) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(VII) sections 302(b)(6) and 303(b)(7) (42 of the Department of Housing and Urban De- There are authorized to be appropriated to U.S.C. 1437aaa–1(b)(6), 1437aaa–2(b)(7)); and velopment Act (42 U.S.C. 3533(g)(4), shall es- the Secretary, not to exceed $3,000,000 for fis- ‘‘(VIII) section 304(c)(4) (42 U.S.C. 1437aaa– tablish standards for materials and forms to cal years 2008, 2009, and 2010, for the develop, 3(c)(4)); be used, as appropriate, by organizations implement, and conduct of national public ‘‘(iii) section 302(a)(4) of the American providing homeownership counseling serv- service multimedia campaigns under this Homeownership and Economic Opportunity ices, including any recipients of assistance paragraph. Act of 2000 (42 U.S.C. 1437f note); pursuant to subsection (a)(4). ‘‘(5) EDUCATION PROGRAMS.—The Secretary ‘‘(iv) sections 233(b)(2) and 258(b) of the ‘‘(3) MORTGAGE SOFTWARE SYSTEMS.— shall provide advice and technical assistance Cranston-Gonzalez National Affordable ‘‘(A) CERTIFICATION.—The Secretary shall to States, units of general local government, Housing Act (42 U.S.C. 12773(b)(2), 12808(b)); provide for the certification of various com- and nonprofit organizations regarding the es- ‘‘(v) this section and section 101(e) of the puter software programs for consumers to tablishment and operation of, including as- Housing and Urban Development Act of 1968 use in evaluating different residential mort- sistance with the development of content (12 U.S.C. 1701x, 1701w(e)); gage loan proposals. The Secretary shall re- and materials for, educational programs to ‘‘(vi) section 220(d)(2)(G) of the Low-Income quire, for such certification, that the mort- inform and educate consumers, particularly Housing Preservation and Resident Home- gage software systems take into account— those most vulnerable with respect to resi- ownership Act of 1990 (12 U.S.C. 4110(d)(2)(G)); ‘‘(i) the consumer’s financial situation and dential mortgage loans (such as elderly per- ‘‘(vii) sections 422(b)(6), 423(b)(7), 424(c)(4), the cost of maintaining a home, including in- sons, persons facing language barriers, low- 442(b)(6), and 443(b)(6) of the Cranston-Gon- surance, taxes, and utilities; income persons, and other potentially vul- zalez National Affordable Housing Act (42 ‘‘(ii) the amount of time the consumer ex- nerable consumers), regarding home mort- U.S.C. 12872(b)(6), 12873(b)(7), 12874(c)(4), pects to remain in the home or expected gages, mortgage refinancing, home equity 12892(b)(6), and 12893(b)(6)); time to maturity of the loan; loans, and home repair loans.’’. ‘‘(viii) section 491(b)(1)(F)(iii) of the ‘‘(iii) such other factors as the Secretary considers appropriate to assist the consumer (b) CONFORMING AMENDMENTS TO GRANT McKinney-Vento Homeless Assistance Act PROGRAM FOR HOMEOWNERSHIP COUNSELING (42 U.S.C. 11408(b)(1)(F)(iii)); in evaluating whether to pay points, to lock in an interest rate, to select an adjustable or ORGANIZATIONS.—Section 106(c)(5)(A)(ii) of ‘‘(ix) sections 202(3) and 810(b)(2)(A) of the the Housing and Urban Development Act of fixed rate loan, to select a conventional or Native American Housing and Self-Deter- 1968 (12 U.S.C. 1701x(c)(5)(A)(ii)) is amended— government-insured or guaranteed loan and mination Act of 1996 (25 U.S.C. 4132(3), (1) in subclause (III), by striking ‘‘and’’ at to make other choices during the loan appli- 4229(b)(2)(A)); the end; cation process. ‘‘(x) in the National Housing Act— (2) in subclause (IV) by striking the period ‘‘(I) in section 203 (12 U.S.C. 1709), the pe- If the Secretary determines that available at the end and inserting ‘‘; and’’; and nultimate undesignated paragraph of para- existing software is inadequate to assist con- (3) by inserting after subclause (IV) the fol- graph (2) of subsection (b), subsection sumers during the residential mortgage loan lowing new subclause: (c)(2)(A), and subsection (r)(4); application process, the Secretary shall ar- ‘‘(V) notify the housing or mortgage appli- ‘‘(II) subsections (a) and (c)(3) of section 237 range for the development by private sector cant of the availability of mortgage software (12 U.S.C. 1715z–2); and software companies of new mortgage soft- systems provided pursuant to subsection ‘‘(III) subsections (d)(2)(B) and (m)(1) of ware systems that meet the Secretary’s (g)(3).’’. section 255 (12 U.S.C. 1715z–20); specifications. SEC. 4. GRANTS FOR HOUSING COUNSELING AS- ‘‘(xi) section 502(h)(4)(B) of the Housing Act ‘‘(B) USE AND INITIAL AVAILABILITY.—Such SISTANCE. of 1949 (42 U.S.C. 1472(h)(4)(B)); and certified computer software programs shall Section 106(a) of the Housing and Urban ‘‘(xii) section 508 of the Housing and Urban be used to supplement, not replace, housing Development Act of 1968 (12 U.S.C. Development Act of 1970 (12 U.S.C. 1701z–7). counseling. The Secretary shall provide that 1701x(a)(3)) is amended by adding at the end ‘‘(C) RENTAL HOUSING COUNSELING.—For such programs are initially used only in con- the following new paragraph: purposes of this subsection, the term ‘rental nection with the assistance of housing coun- ‘‘(4) HOMEOWNERSHIP AND RENTAL COUN- housing counseling’ means counseling re- selors certified pursuant to subsection (e). SELING ASSISTANCE.— lated to rental of residential property, which ‘‘(C) AVAILABILITY.—After a period of ini- ‘‘(A) IN GENERAL.—The Secretary shall may include counseling regarding future tial availability under subparagraph (B) as make financial assistance available under homeownership opportunities and providing the Secretary considers appropriate, the Sec- this paragraph to States, units of general referrals for renters and prospective renters retary shall take reasonable steps to make local governments, and nonprofit organiza- to entities providing counseling and shall in- mortgage software systems certified pursu- tions providing homeownership or rental clude counseling related to such topics that ant to this paragraph widely available counseling (as such terms are defined in sub- is provided pursuant to— through the Internet and at public locations, section (g)(1)).

VerDate Aug 31 2005 04:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.082 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8356 CONGRESSIONAL RECORD — HOUSE September 17, 2008

‘‘(B) QUALIFIED ENTITIES.—The Secretary actment, the Secretary shall submit a final ‘‘(3) A list and explanation of lending prac- shall establish standards and guidelines for report regarding the results of the study, tices, including those prohibited by the eligibility of organizations (including gov- which shall include any recommended legis- Truth in Lending Act or other applicable ernmental and nonprofit organizations) to lation relating to the study, and rec- Federal law, and of other unfair practices receive assistance under this paragraph. ommendations for best practices and for a and unreasonable or unnecessary charges to ‘‘(C) DISTRIBUTION.—Assistance made avail- process to identify populations that need be avoided by the prospective buyer with re- able under this paragraph shall be distrib- counseling the most. spect to a real estate settlement. uted in a manner that encourages efficient SEC. 7. DEFINITIONS FOR COUNSELING-RELATED ‘‘(4) A list and explanation of questions a and successful counseling programs. PROGRAMS. consumer obtaining a federally related mort- ‘‘(D) AUTHORIZATION OF APPROPRIATIONS.— Section 106 of the Housing and Urban De- gage loan should ask regarding the loan, in- There are authorized to be appropriated velopment Act of 1968 (12 U.S.C. 1701x), as cluding whether the consumer will have the $45,000,000 for each of fiscal years 2008 amended by the preceding provisions of this ability to repay the loan, whether the con- through 2011 for— Act, is further amended by adding at the end sumer sufficiently shopped for the loan, ‘‘(i) the operations of the Office of Housing the following new subsection: whether the loan terms include prepayment Counseling of the Department of Housing ‘‘(h) DEFINITIONS.—For purposes of this sec- penalties or balloon payments, and whether and Urban Development; tion: the loan will benefit the borrower. ‘‘(ii) the responsibilities of the Secretary ‘‘(1) NONPROFIT ORGANIZATION.—The term ‘‘(5) An explanation of the right of rescis- under paragraphs (2) through (5) of sub- ‘nonprofit organization’ has the meaning sion as to certain transactions provided by section (g); and given such term in section 104(5) of the Cran- sections 125 and 129 of the Truth in Lending ‘‘(iii) assistance pursuant to this paragraph ston-Gonzalez National Affordable Housing Act. for entities providing homeownership and Act (42 U.S.C. 12704(5)), except that subpara- ‘‘(6) A brief explanation of the nature of a rental counseling.’’. graph (D) of such section shall not apply for variable rate mortgage and a reference to SEC. 5. REQUIREMENTS TO USE HUD-CERTIFIED purposes of this section. the booklet entitled ‘Consumer Handbook on COUNSELORS UNDER HUD PRO- ‘‘(2) STATE.—The term ‘State’ means each Adjustable Rate Mortgages’, published by GRAMS. of the several States, the Commonwealth of the Board of Governors of the Federal Re- Section 106(e) of the Housing and Urban Puerto Rico, the District of Columbia, the serve System pursuant to section 226.19(b)(1) Development Act of 1968 (12 U.S.C. 1701x(e)) Commonwealth of the Northern Mariana Is- of title 12, Code of Federal Regulations, or to is amended— lands, Guam, the Virgin Islands, American any suitable substitute of such booklet that (1) by striking paragraph (1) and inserting Samoa, the Trust Territories of the Pacific, such Board of Governors may subsequently the following new paragraph: or any other possession of the United States. adopt pursuant to such section. ‘‘(1) REQUIREMENT FOR ASSISTANCE.—An or- ‘‘(3) UNIT OF GENERAL LOCAL GOVERNMENT.— ‘‘(7) A brief explanation of the nature of a ganization may not receive assistance for The term ‘unit of general local government’ home equity line of credit and a reference to counseling activities under subsection means any city, county, parish, town, town- the pamphlet required to be provided under (a)(1)(iii), (a)(2), (a)(4), (c), or (d) of this sec- ship, borough, village, or other general pur- section 127A of the Truth in Lending Act. tion, or under section 101(e), unless the orga- pose political subdivision of a State.’’. ‘‘(8) Information about homeownership nization, or the individuals through which SEC. 8. UPDATING AND SIMPLIFICATION OF counseling services made available pursuant the organization provides such counseling, MORTGAGE INFORMATION BOOK- to section 106(a)(4) of the Housing and Urban LET. has been certified by the Secretary under Development Act of 1968 (12 U.S.C. Section 5 of the Real Estate Settlement this subsection as competent to provide such 1701x(a)(4)), a recommendation that the con- Procedures Act of 1974 (12 U.S.C. 2604) is counseling.’’; sumer use such services, and notification amended— (2) in paragraph (2)— that a list of certified providers of home- (1) in the section heading, by striking (A) by inserting ‘‘and for certifying organi- ownership counseling in the area, and their ‘‘SPECIAL’’ and inserting ‘‘HOME BUYING’’ ; zations’’ before the period at the end of the contact information, is available. (2) by striking subsections (a) and (b) and first sentence; and ‘‘(9) An explanation of the nature and pur- inserting the following new subsections: (B) in the second sentence by striking ‘‘for pose of escrow accounts when used in con- certification’’ and inserting ‘‘, for certifi- ‘‘(a) PREPARATION AND DISTRIBUTION.—The Secretary shall prepare, at least once every nection with loans secured by residential cation of an organization, that each indi- real estate and the requirements under sec- vidual through which the organization pro- 5 years, a booklet to help consumers apply- ing for federally related mortgage loans to tion 10 of this Act regarding such accounts. vides counseling shall demonstrate, and, for ‘‘(10) An explanation of the choices avail- certification of an individual,’’; understand the nature and costs of real es- tate settlement services. The Secretary shall able to buyers of residential real estate in se- (3) in paragraph (3), by inserting ‘‘organiza- lecting persons to provide necessary services tions and’’ before ‘‘individuals’’; prepare the booklet in various languages and cultural styles, as the Secretary determines incidental to a real estate settlement. (4) by redesignating paragraph (3) as para- ‘‘(11) An explanation of a consumer’s re- graph (5); and to be appropriate, so that the booklet is un- derstandable and accessible to homebuyers sponsibilities, liabilities, and obligations in (5) by inserting after paragraph (2) the fol- a mortgage transaction. lowing new paragraphs: of different ethnic and cultural backgrounds. The Secretary shall distribute such booklets ‘‘(12) An explanation of the nature and pur- ‘‘(3) REQUIREMENT UNDER HUD PROGRAMS.— pose of real estate appraisals, including the Any homeownership counseling or rental to all lenders that make federally related mortgage loans. The Secretary shall also dis- difference between an appraisal and a home housing counseling (as such terms are de- inspection. fined in subsection (g)(1)) required under, or tribute to such lenders lists, organized by lo- cation, of homeownership counselors cer- ‘‘(13) Notice that the Office of Housing of provided in connection with, any program the Department of Housing and Urban Devel- administered by the Department of Housing tified under section 106(e) of the Housing and Urban Development Act of 1968 (12 U.S.C. opment has made publicly available a bro- and Urban Development shall be provided chure regarding loan fraud and a World Wide only by organizations or counselors certified 1701x(e)) for use in complying with the re- quirement under subsection (c) of this sec- Web address and toll-free telephone number by the Secretary under this subsection as for obtaining the brochure. competent to provide such counseling. tion. ‘‘(4) OUTREACH.—The Secretary shall take ‘‘(b) CONTENTS.—Each booklet shall be in The booklet prepared pursuant to this sec- such actions as the Secretary considers ap- such form and detail as the Secretary shall tion shall take into consideration differences propriate to ensure that individuals and or- prescribe and, in addition to such other in- in real estate settlement procedures that ganizations providing homeownership or formation as the Secretary may provide, may exist among the several States and ter- rental housing counseling are aware of the shall include in plain and understandable ritories of the United States and among sep- certification requirements and standards of language the following information: arate political subdivisions within the same this subsection and of the training and cer- ‘‘(1) A description and explanation of the State and territory.’’; tification programs under subsection (f).’’. nature and purpose of the costs incident to a (3) in subsection (c), by inserting at the real estate settlement or a federally related end the following new sentence: ‘‘Each lend- SEC. 6. STUDY OF DEFAULTS AND FORE- CLOSURES. mortgage loan. The description and expla- er shall also include with the booklet a rea- The Secretary of Housing and Urban Devel- nation shall provide general information sonably complete or updated list of home- opment shall conduct an extensive study of about the mortgage process as well as spe- ownership counselors who are certified pur- the root causes of default and foreclosure of cific information concerning, at a min- suant to section 106(e) of the Housing and home loans, using as much empirical data as imum— Urban Development Act of 1968 (12 U.S.C. are available. The study shall also examine ‘‘(A) balloon payments; 1701x(e)) and located in the area of the lend- the role of escrow accounts in helping prime ‘‘(B) prepayment penalties; and er.’’; and and nonprime borrowers to avoid defaults ‘‘(C) the trade-off between closing costs (4) in subsection (d), by inserting after the and foreclosures. Not later than 12 months and the interest rate over the life of the period at the end of the first sentence the after the date of the enactment of this Act, loan. following: ‘‘The lender shall provide the the Secretary shall submit to the Congress a ‘‘(2) An explanation and sample of the uni- HUD-issued booklet in the version that is preliminary report regarding the study. Not form settlement statement required by sec- most appropriate for the person receiving later than 24 months after such date of en- tion 4. it.’’.

VerDate Aug 31 2005 04:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.082 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8357 The SPEAKER pro tempore. Pursu- Department with respect to counseling individuals, the homeless and the sen- ant to the rule, the gentleman from on homeownership and rental housing iors, just to name a few. Georgia (Mr. SCOTT) and the gentle- issues; it will require and facilitate the More specifically, the bill authorizes woman from Illinois (Mrs. BIGGERT) coordination of HUD’s homeownership $180 million over the next 4 years for each will control 20 minutes. and rental housing counseling pro- HUD to operate this office, offer grants The Chair recognizes the gentleman grams, including programs targeted at to State and local counseling agencies Georgia. low and moderate income individuals, and launch a national outreach cam- GENERAL LEAVE the homeless and senior citizens; it will paign. The bill also calls for the office Mr. SCOTT of Georgia. Mr. Speaker, require the launch of a national public to provide a report to Congress on the I ask unanimous consent that all Mem- service multi-media campaign to pro- root causes of defaults and fore- bers may have 5 legislative days within mote housing counseling, including the closures, including recommendations which to revise and extend their re- establishment of a Web site and toll- for policy reforms and best practices, marks on this legislation and to insert free hotline; and it will authorize the as well as identification of populations extraneous materials thereon. assurance of homeownership and rental most in need of counseling. The SPEAKER pro tempore. Is there housing counseling grants to HUD-cer- Mr. Speaker, counseling can help objection to the request of the gen- tified State, local and nonprofit orga- guide homeowners into a loan that best tleman from Georgia? nizations. meets their budgets and needs, steering There was no objection. This is an important and critical them way from possible foreclosure Mr. SCOTT of Georgia. Mr. Speaker, piece of legislation, and much needed, down the road. Housing counseling, one I yield myself as much time as I may for all we know that the need for hous- form of financial literacy, is often the consume. ing counseling far outstrips its current first line of defense that first-time Today, I rise in support of H.R. 3019, availability. The enactment of H.R. home buyers have against predatory the Expand and Preserve Home Owner- 3019 is a major step in addressing this lending practices. In addition, counselors can save the ship through Counseling Act. This im- need in a very comprehensive, thor- homes of borrowers currently facing portant legislation establishes an of- ough, efficient and effective manner, foreclosure. So many troubled mort- fice of housing counseling at the De- and I urge this full House to support gage holders genuinely want to pay for partment of Housing and Urban Devel- this very important bipartisan home their home and had solid payment his- opment to carry out and to coordinate counseling legislation. tories before their rates were reset. the responsibilities of the Department Mr. Speaker, I reserve the balance of These are people that if given the right with respect to counseling on home- my time. Mrs. BIGGERT. Mr. Speaker, I yield refinancing options, can and would be ownership and rental housing issues. able to make their monthly payments. The House of Representatives has al- myself such time as I may consume. But they need someone to help them ready approved this bipartisan bill in Mr. Speaker, as the author of H.R. 3019, the Expand and Preserve Home evaluate their options, guide them three separate measures that have through the process and facilitate dis- passed during this Congress. They in- Ownership Through Counseling Act, I urge my colleagues to support this leg- cussions with their current lenders. clude H.R. 3915, the Mortgage Reform One thing that we have learned dur- islation. First let me thank Congress- and Anti-Predatory Lending Act of ing this downturn in the housing mar- man Ruben Hinojosa for being the lead 2007; H.R. 5830, the FHA Housing Sta- ket is that many Americans need to bilization and Home Ownership Reten- Democrat on this bill. In 2005, we founded the House Finan- better understand the terms of finan- tion Act of 2008; and the initial House cial products, including and especially version of H.R. 3221, the Housing and cial and Economic Literacy Caucus, which is now over 75 members strong, mortgages. Education is one of the Economic Recovery Act of 2008. most important tools in our arsenal to and we have been working together on keep our economy and American fami- b 1815 this issue for a very long time. This lies on sound financial footing. It is my Given that the Senate has yet to act bill is just one more example of how fi- hope that by providing greater access upon this important housing coun- nancial literacy can promote economic to home counseling services, we can seling measure, it is important that security and empower Americans to help to prevent a repeat performance of the House pass this legislation as a make more informed decisions. the recent housing bubble. Second, I would like to thank Chair- stand-alone bill. Mr. Speaker, I would like to conclude HUD’s current Housing Counseling RANK man F and Ranking Member today by thanking the folks at the Program authorizes HUD to provide or BACHUS for their support for this legis- DuPage Homeownership Center of contract with organizations to provide lation. Both the chairman and ranking Northern Will County in Illinois. They counseling and advice to tenants, member have included the language of have helped so many residents of the homeowners and low and moderate in- this bill in various mortgage and hous- 13th Congressional District of Illinois come families on a range of housing ing packages, two of which, as Mr. to secure sound mortgages or avoid issues. However, the current program SCOTT said, have previously passed the foreclosure. And I would like to thank lacks the stature, organization and House but not the other Chamber. The all the counselors and organizations prominence in the Department to help first time was in November of 2007, and across the country that are now in- ensure that its counseling activities the second time was in H.R. 3221, and volved in the HOPE NOW initiative, are high quality, widely available and that bill passed the House on May 8 of which reported last month it had well-coordinated within other Depart- this year. Unfortunately, the Senate helped over 2 million homeowners to ment activities. has not yet acted on this important avoid foreclosure. In the midst of this foreclosure crisis, legislation. It is my hope that the Sen- With that, I would urge my col- this extraordinary crisis we are going ate will consider the bill as a stand- leagues to support the bill. through at this very moment in our fi- alone measure and send it to the Presi- Mr. Speaker, I reserve the balance of nancial markets, there can be no doubt dent’s desk before we adjourn this my time. that housing counseling, whether it is year. Mr. SCOTT of Georgia. Mr. Speaker, pre-purchase or post-purchase, is a What does the bill do? Well, it ele- I yield myself such time as I may con- vital component of the homeownership vates housing counseling within the sume. process, and I urge this House to sup- Department of Housing and Urban De- Mr. Speaker, as we conclude this, let port this bill, which will create an Of- velopment by establishing an Office of me state the appreciation this entire fice of Housing Counseling at HUD to Housing Counseling and a director of Congress has for the distinguished better focus the Department’s re- that office who reports directly to the leadership of Mrs. BIGGERT on this sources in this area. Secretary of HUD. The office will be issue. She has been a pioneer in finan- Now, specifically this bill will do the tasked with carrying out and coordi- cial literacy. She has committed a tre- following: It establishes an Office of nating HUD’s Home Ownership and mendous amount of her time and en- Housing Counseling to carry out and Housing Rental Counseling Program, ergy to this bill and to other bills. I coordinate the responsibilities of the targeted at low and moderate income want to commend her for that.

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.117 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8358 CONGRESSIONAL RECORD — HOUSE September 17, 2008 Another bill which she has provided Requiring the Office of the Secretary to pro- The SPEAKER pro tempore. The leadership on has been a financial lit- vide certification for various computer software question is on the motion offered by eracy bill of utmost importance as we programs for consumers to use in evaluating the gentleman from Georgia (Mr. see now, and that is K through 12th different residential mortgage loan proposals. SCOTT) that the House suspend the grade literacy programs, to get them Encouraging the Director of Housing Coun- rules and pass the bill, H.R. 3019, as into our schools. I think it is very im- seling to develop, implement, and conduct na- amended. portant for all of us here to know, and tional public service multimedia campaigns de- The question was taken; and (two- the Nation to know, that Mrs. BIGGERT signed to make potential homeowners aware thirds being in the affirmative) the has provided sterling leadership on this that counseling is available from unbiased and rules were suspended and the bill, as entire issue of financial literacy. I cer- reliable sources. amended, was passed. tainly want to say how appreciative we Requiring the Secretary to provide technical A motion to reconsider was laid on all are for that leadership, Mrs. and financial assistance to State governments, the table. BIGGERT. local governments, and non-profit organiza- f It points out, Mr. Speaker, as we tions. look at where we are today with the Directing the Secretary to study and report FRANK MELVILLE SUPPORTIVE downturn of the financial markets, the to Congress the root cause of default and HOUSING INVESTMENT ACT OF 2008 meltdown of our mortgage industry, at foreclosure on homes. Mr. MURPHY of Connecticut. Mr. the core of it as we peel back the rea- Amending the Real Estate Settlement Pro- Speaker, I move to suspend the rules sons and the causes we will all find and cedures Act of 1974 to revise requirements for and pass the bill (H.R. 5772) to amend come to the conclusion that we have a HUD booklets designed to help consumers ap- section 811 of the Cranston-Gonzalez tremendous need for financial literacy plying for federally related mortgage loans to National Affordable Housing Act to im- and financial education, because the understand the nature of real estate settle- prove the program under such section core of our problem is that there are so ment services. for supportive housing for persons with many complicated and complex enti- MINORITIES disabilities, as amended. ties involved in financing, that we as a Problematic, unaffordable subprime loans The Clerk read the title of the bill. nation are coming up short on finan- are more often issued to African-American and The text of the bill is as follows: Latino homebuyers. Nationally, African-Amer- cial literacy. H.R. 5772 To you, Mrs. BIGGERT, I thank you ican home purchasers were 2.7 times more likely to be issued a high cost loan than white Be it enacted by the Senate and House of Rep- for your leadership on this. It has in- resentatives of the United States of America in deed been a pleasure working with you borrowers. Latinos were 2.3 times more likely Congress assembled, on this subject, and this bill is a testi- to be issued a high cost home purchase loan SECTION 1. SHORT TITLE; REFERENCES. monial to your leadership. than white borrowers. Similarly, for refinance (a) SHORT TITLE.—This Act may be cited as Mr. Speaker, I have no further re- loans, African-Americans were 1.8 times more the ‘‘Frank Melville Supportive Housing Invest- quests for time, and I yield back the likely to be issued a high cost loan than ment Act of 2008’’. balance of my time. whites. Latinos were 1.4 times more likely to (b) REFERENCES.—Except as otherwise ex- Mrs. BIGGERT. Mr. Speaker, I yield be burdened with a high refinance cost loan pressly provided, wherever in this Act an myself such time as I may consume. than white homeowners. amendment or repeal is expressed in terms of an Mr. Speaker, I thank the gentleman These racial disparities persist even among amendment to, or repeal of, section 811 or any from Georgia (Mr. SCOTT) for his very homeowners of the same income level. In other provision of section 811, the reference kind words. I really appreciate it. He is shall be considered to be made to section 811 of comparative terms, upper-income African- the Cranston-Gonzalez National Affordable a wonderful member of the Financial Americans were 3.3 times more likely than Housing Act (42 U.S.C. 8013). Services Committee and is always upper-income whites to be issued a high cost SEC. 2. TENANT-BASED RENTAL ASSISTANCE there and always knows what is going loan when purchasing a home. Upper-income THROUGH CERTIFICATE FUND. on and always participates and does a Latinos were 3 times more likely than upper- (a) TERMINATION OF MAINSTREAM TENANT- good job. I thank you for all your income whites to be issued a high cost loan BASED RENTAL ASSISTANCE PROGRAM.—Section work. when purchasing a home. 811 is amended— With that, I urge my colleagues to America’s lower-income and minority com- (1) in subsection (b)— support this bill. munities receive a disproportionate number of (A) by striking the first subsection designation Ms. JACKSON-LEE of Texas. Mr. Speaker, subprime loans and are therefore most ex- and all that follows through the end of subpara- I rise today in strong support of of H.R. 3019, graph (B) of paragraph (2) and inserting the posed to experience default and foreclosure. following: to expand and preserve home ownership Based on public data for 2006 available under ‘‘(b) AUTHORITY TO PROVIDE ASSISTANCE.— through counseling, introduced by my col- the Home Mortgage Disclosure Act (HMDA), The Secretary is authorized to provide assist- league from Illinois, Representative BIGGERT. this report examines the extent of high-cost ance to private nonprofit organizations to ex- This important legislation will amend the De- lending for 172 metropolitan areas, determines pand the supply of supportive housing for per- partment of Housing and Urban Development the disparities between borrowers of various sons with disabilities, which shall be provided Act to establish an Office of Housing Coun- races and income levels and identifies metro- as— seling which will conduct activities relating to politan areas that are at highest risk of facing ‘‘(1) capital advances in accordance with sub- homeownership and rental housing coun- section (d)(1), and concentrated foreclosures ‘‘(2) contracts for project rental assistance in seling. CONCLUSION accordance with subsection (d)(2).’’; and GENERAL I firmly believe that we must pass this legis- (B) by striking ‘‘assistance under this para- When the crisis in the mortgage industry lation in order to create equal terms and equal graph’’ and inserting ‘‘Assistance under this began, it primarily hit subprime borrowers. As information for every homeowner or potential subsection’’; the foreclosure crisis endured, home values homeowner in America. This legislation will (2) in subsection (d), by striking paragraph started declining and eventually affected ensure that information is equally available to (4); and (3) in subsection (l), by striking paragraph (1). homeowners who are considered to be prime all homebuyers and enable every person to (b) RENEWAL THROUGH SECTION 8.—Section borrowers. This amendment to the Housing have a fair chance to obtain the information 811 is amended by adding at the end the fol- and Urban Development Act of 1968 will re- necessary to make informed financial deci- lowing new subsection: quire a number of different stipulations that will sions. There is a disparity of information in our ‘‘(p) AUTHORIZATION OF APPROPRIATIONS FOR encourage the expansion of home ownership current mortgage system and H.R. 3019 will SECTION 8 ASSISTANCE.— with adequate information to make an in- enable the Government to alleviate this dis- ‘‘(1) IN GENERAL.—There is authorized to be formed decision. These stipulations include: parity by improving the flow of information appropriated for tenant-based rental assistance Directing the Office of the Secretary to es- through house owner counseling. under section 8(o) of the United States Housing tablish, coordinate, and monitor Housing and I urge my colleagues to support H.R. 3019 Act of 1937 (42 U.S.C. 1437f(o)) for persons with disabilities in fiscal year 2009 the amount nec- Urban Development (HUD) administration of as well, as together we search for solutions essary to provide a number of incremental homeownership and rental housing counseling that will help constituents throughout the vouchers under such section that is equal to the procedures provided in connection with any United States. number of vouchers provided in fiscal year 2008 HUB program, including all related require- Mr. Speaker, I yield back the balance under the tenant-based rental assistance pro- ments, standards, and performance measures. of my time. gram under subsection (d)(4) of this section (as

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00080 Fmt 4634 Sfmt 6333 E:\CR\FM\K17SE7.119 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8359 in effect before the date of the enactment of the efit of very low-income persons with disabilities rents and development costs and to execute a Frank Melville Supportive Housing Investment and, pursuant to such request the Secretary de- capital advance within 60 days of receipt of the Act of 2008). termines that a project is no longer needed for commitment from the State or local agency. The ‘‘(2) REQUIREMENTS UPON TURNOVER.—The use as supportive housing for persons with dis- Secretary shall provide to such agency and the Secretary shall develop and issue, to public abilities, the Secretary may approve the request project sponsor, in writing, the reasons for any housing agencies that receive voucher assistance and authorize the owner to convert the project reduction in capital advance amounts or project made available under this subsection and to to such use.’’; and rental assistance and such reductions shall be public housing agencies that received voucher (C) by adding at the end the following new subject to appeal.’’. assistance under section 8(o) of the United paragraphs: (d) LEVERAGING OTHER RESOURCES.—Para- States Housing Act of 1937 (42 U.S.C. 1437f(o)) ‘‘(3) LIMITATION ON USE OF FUNDS.—No assist- graph (1) of section 811(g) (as so designated by for non-elderly disabled families pursuant to ap- ance received under this section (or any State or subsection (c)(1) of this section) is amended by propriation Acts for fiscal years 1997 through local government funds used to supplement such inserting after subparagraph (E) (as so redesig- 2002 or any other subsequent appropriations for assistance) may be used to replace other State or nated by subsection (c)(2) of this section) the incremental vouchers for non-elderly disabled local funds previously used, or designated for following new subparagraph: families, guidance to ensure that, to the max- use, to assist persons with disabilities. ‘‘(F) the extent to which the per-unit cost of imum extent possible, such vouchers continue to ‘‘(4) MULTIFAMILY PROJECTS.— units to be assisted under this section will be be provided upon turnover to qualified persons ‘‘(A) LIMITATION.—Except as provided in sub- supplemented with resources from other public with disabilities or to qualified non-elderly dis- paragraph (B), of the total number of dwelling and private sources;’’. abled families, respectively.’’. units in any multifamily housing project (in- (e) TENANT PROTECTIONS AND ELIGIBILITY FOR cluding any condominium or cooperative hous- SEC. 3. MODERNIZED CAPITAL ADVANCE PRO- OCCUPANCY.—Section 811 is amended by striking GRAM. ing project) containing any unit for which as- subsection (i) and inserting the following new (a) PROJECT RENTAL ASSISTANCE CON- sistance is provided from a capital grant under subsection: TRACTS.—Section 811 is amended— subsection (d)(1) made after the date of the en- ‘‘(i) ADMISSION AND OCCUPANCY.— (1) in subsection (d)(2)— actment of the Frank Melville Supportive Hous- ‘‘(1) TENANT SELECTION.— (A) by inserting ‘‘(A) INITIAL PROJECT RENTAL ing Investment Act of 2008, the aggregate num- ‘‘(A) PROCEDURES.—An owner shall adopt ASSISTANCE CONTRACT.—’’ after ‘‘PROJECT RENT- ber that are used for persons with disabilities, written tenant selection procedures that are sat- AL ASSISTANCE.—’’ including supportive housing for persons with isfactory to the Secretary as (i) consistent with (B) in the first sentence, by inserting after disabilities, or to which any occupancy pref- the purpose of improving housing opportunities ‘‘shall’’ the following: ‘‘comply with subsection erence for persons with disabilities applies, may for very low-income persons with disabilities; (e)(2) and shall’’; not exceed 25 percent of such total. and (ii) reasonably related to program eligibility (C) by striking ‘‘annual contract amount’’ ‘‘(B) EXCEPTION.—Subparagraph (A) shall not and an applicant’s ability to perform the obliga- each place such term appears and inserting apply in the case of any project that is a group tions of the lease. Owners shall promptly notify ‘‘amount provided under the contract for each home or independent living facility.’’; and in writing any rejected applicant of the grounds year covered by the contract’’; and (2) in subsection (l), by striking paragraph (4). for any rejection. (c) DELEGATED PROCESSING.—Subsection (g) of (D) by adding at the end the following new ‘‘(B) REQUIREMENT FOR OCCUPANCY.—Occu- section 811 (42 U.S.C. 8013(g)) is amended— subparagraph: pancy in dwelling units provided assistance (1) by striking ‘‘SELECTION CRITERIA.—’’ and ‘‘(B) RENEWAL OF AND INCREASES IN CONTRACT under this section shall be available only to per- inserting ‘‘SELECTION CRITERIA AND PROC- AMOUNTS.— sons with disabilities and households that in- ESSING.—(1) SELECTION CRITERIA.—’’; ‘‘(i) EXPIRATION OF CONTRACT TERM.—Upon (2) by redesignating paragraphs (1), (2), (3), clude at least one person with a disability. the expiration of each contract term, subject to (4), (5), (6), and (7) as subparagraphs (A), (B), ‘‘(C) AVAILABILITY.—Except only as provided the availability of amounts made available in (C), (D), (E), (G), and (H), respectively; in subparagraph (D), occupancy in dwelling appropriation Acts, the Secretary shall adjust (3) by adding at the end the following new units in housing provided with assistance under the annual contract amount to provide for rea- paragraph: this section shall be available to all persons with sonable project costs, and any increases, includ- ‘‘(2) DELEGATED PROCESSING.— disabilities eligible for such occupancy without ing adequate reserves and service coordinators, ‘‘(A) In issuing a capital advance under sub- regard to the particular disability involved. except that any contract amounts not used by a section (d)(1) for any multifamily project (but ‘‘(D) LIMITATION ON OCCUPANCY.—Notwith- project during a contract term shall not be not including any project that is a group home standing any other provision of law, the owner available for such adjustments upon renewal. or independent living facility) for which financ- of housing developed under this section may, ‘‘(ii) EMERGENCY SITUATIONS.—In the event of ing for the purposes described in the last sen- with the approval of the Secretary, limit occu- emergency situations that are outside the con- tence of subsection (b) is provided by a combina- pancy within the housing to persons with dis- trol of the owner, the Secretary shall increase tion of the capital advance and sources other abilities who can benefit from the supportive the annual contract amount, subject to reason- than this section, within 30 days of award of services offered in connection with the housing. able review and limitations as the Secretary the capital advance, the Secretary shall delegate ‘‘(2) TENANT PROTECTIONS.— shall provide.’’. review and processing of such projects to a State ‘‘(A) LEASE.—The lease between a tenant and (2) in subsection (e)(2)— or local housing agency that— an owner of housing assisted under this section (A) in the first sentence, by inserting before ‘‘(i) is in geographic proximity to the property; shall be for not less than one year, and shall the period at the end the following: ‘‘, except ‘‘(ii) has demonstrated experience in and ca- contain such terms and conditions as the Sec- that, in the case of the sponsor of a project as- pacity for underwriting multifamily housing retary shall determine to be appropriate. sisted with any low-income housing tax credit loans that provide housing and supportive serv- ‘‘(B) TERMINATION OF TENANCY.—An owner pursuant to section 42 of the Internal Revenue ices; may not terminate the tenancy or refuse to Code of 1986 or with any tax-exempt housing ‘‘(iii) may or may not be providing low-income renew the lease of a tenant of a rental dwelling bonds, the contract shall have an initial term of housing tax credits in combination with the cap- unit assisted under this section except— not be less than 360 months and shall provide ital advance under this section; and ‘‘(i) for serious or repeated violation of the funding for a term of 60 months’’; and ‘‘(iv) agrees to issue a firm commitment within terms and conditions of the lease, for violation (B) by striking ‘‘extend any expiring con- 12 months of delegation. of applicable Federal, State, or local law, or for tract’’ and insert ‘‘upon expiration of a contract ‘‘(B) The Secretary shall retain the authority other good cause; and (or any renewed contract), renew such con- to process capital advances in cases in which no ‘‘(ii) by providing the tenant, not less than 30 tract’’. State or local housing agency has applied to days before such termination or refusal to (b) PROGRAM REQUIREMENTS.—Section 811 is provide delegated processing pursuant to this renew, with written notice specifying the amended— paragraph or no such agency has entered into grounds for such action. (1) in subsection (e)— an agreement with the Secretary to serve as a ‘‘(C) VOLUNTARY PARTICIPATION IN SERV- (A) by striking the subsection heading and in- delegated processing agency. ICES.—A supportive service plan for housing as- serting the following: ‘‘PROGRAM REQUIRE- ‘‘(C) An agency to which review and proc- sisted under this section shall permit each resi- MENTS’’; essing is delegated pursuant to subparagraph dent to take responsibility for choosing and ac- (B) by striking paragraph (1) and inserting (A) may assess a reasonable fee which shall be quiring their own services, to receive any sup- the following new paragraph: included in the capital advance amounts and portive services made available directly or indi- ‘‘(1) USE RESTRICTIONS.— may recommend project rental assistance rectly by the owner of such housing, or to not ‘‘(A) TERM.—Any project for which a capital amounts in excess of those initially awarded by receive any supportive services.’’. advance is provided under subsection (d)(1) the Secretary. The Secretary shall develop a (f) DEVELOPMENT COST LIMITATIONS.—Sub- shall be operated for not less than 40 years as schedule for reasonable fees under this subpara- section (h) of section 811 is amended— supportive housing for persons with disabilities, graph to be paid to delegated processing agen- (1) in paragraph (1)— in accordance with the application for the cies, which shall take into consideration any (A) by striking the paragraph heading and in- project approved by the Secretary and shall, other fees to be paid to the agency for other serting ‘‘GROUP HOMES’’; during such period, be made available for occu- funding provided to the project by the agency, (B) in the first sentence, by striking ‘‘various pancy only by very low-income persons with including bonds, tax credits, and other gap types and sizes’’ and inserting ‘‘group homes’’; disabilities. funding. (C) by striking subparagraph (E); and ‘‘(B) CONVERSION.—If the owner of a project ‘‘(D) Under such delegated system, the Sec- (D) by redesignating subparagraphs (F) and requests the use of the project for the direct ben- retary shall retain the authority to approve (G) as subparagraphs (E) and (F), respectively;

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00081 Fmt 4634 Sfmt 6333 E:\CR\FM\A17SE7.084 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8360 CONGRESSIONAL RECORD — HOUSE September 17, 2008 (2) in paragraph (3), by inserting ‘‘established will be used, and shall allow such agencies and onstration program under this subsection, ana- pursuant to paragraph (1)’’ after ‘‘cost limita- applicants to subsequently identify such eligible lyzing the effectiveness of the program, includ- tion’’; and projects pursuant to the making of commitments ing the effectiveness of the program compared to (3) by adding at the end the following new described in paragraph (3)(B). the program for capital advances in accordance paragraph: ‘‘(2) PROJECT RENTAL ASSISTANCE.— with subsection (d)(1) (as in effect pursuant to ‘‘(6) APPLICABILITY OF HOME PROGRAM COST ‘‘(A) CONTRACT TERMS.—Project rental assist- the amendments made by such Act), and making LIMITATIONS.— ance under the demonstration program under recommendations regarding future models for ‘‘(A) IN GENERAL.—The provisions of section this subsection shall be provided— assistance under this section based upon the ex- 212(e) of the Cranston-Gonzalez National Af- ‘‘(i) in accordance with subsection (d)(2); and periences under the program.’’. fordable Housing Act (42 U.S.C. 12742(e)) and ‘‘(ii) under a contract having an initial term SEC. 5. TECHNICAL CORRECTIONS. the cost limits established by the Secretary pur- of not less than 180 months that provides fund- Section 811 is amended— suant to such section with respect to the amount ing for a term 60 months, which funding shall be (1) in subsection (a)— of funds under subtitle A of title II of such Act renewed upon expiration, subject to the avail- (A) in paragraph (1), by striking ‘‘and’’ at the that may be invested on a per unit basis, shall ability of sufficient amounts in appropriation end; apply to supportive housing assisted with a cap- Acts. (B) in paragraph (2)— ital advance under subsection (d)(1) and the ‘‘(B) LIMITATION ON UNITS ASSISTED.—Of the (i) by striking ‘‘provides’’ and inserting amount of funds under such subsection that total number of dwelling units in any multi- ‘‘makes available’’; and may be invested on a per unit basis. family housing project containing any unit for (ii) by striking the period at the end and in- ‘‘(B) WAIVERS.—The Secretary shall provide which project rental assistance under the dem- serting ‘‘; and’’ ; and for waiver of the cost limits applicable pursuant onstration program under this subsection is pro- (C) by adding at the end the following new to subparagraph (A)— vided, the aggregate number that are provided paragraph: ‘‘(i) in the cases in which the cost limits estab- such project rental assistance, that are used for ‘‘(3) promotes and facilitates community inte- lished pursuant to section 212(e) of the Cran- supportive housing for persons with disabilities, gration for people with significant and long- ston-Gonzalez National Affordable Housing Act or to which any occupancy preference for per- term disabilities.’’; may be waived; and sons with disabilities applies, may not exceed 25 (2) in subsection (c)— (A) in paragraph (1), by striking ‘‘special’’ ‘‘(ii) to provide for— percent of such total. and inserting ‘‘housing and community-based ‘‘(I) the cost of special design features to make ‘‘(C) PROHIBITION OF CAPITAL ADVANCES.—The services’’; and the housing accessible to persons with disabil- Secretary may not provide a capital advance (B) in paragraph (2)— ities; under subsection (d)(1) for any project for (i) by striking subparagraph (A) and inserting ‘‘(II) the cost of special design features nec- which assistance is provided under the dem- the following: essary to make individual dwelling units meet onstration program. ‘‘(A) make available voluntary supportive the special needs of persons with disabilities; ‘‘(D) ELIGIBLE POPULATION.—Project rental services that address the individual needs of and assistance under the demonstration program persons with disabilities occupying such hous- ‘‘(III) the cost of providing the housing in a under this subsection may be provided only for ing;’’; and location that is accessible to public transpor- dwelling units for extremely low-income persons (ii) in subparagraph (B), by striking the tation and community organizations that pro- with disabilities and extremely low-income comma and inserting a semicolon; vide supportive services to persons with disabil- households that include at least one person with (3) in subsection (d)(1), by striking ‘‘provided ities.’’. a disability. under’’ and all that follows through ‘‘shall (g) REPEAL OF AUTHORITY TO WAIVE SIZE ‘‘(3) ELIGIBLE PROJECTS.—An eligible project bear’’ and inserting ‘‘provided pursuant to sub- LIMITATIONS.—Paragraph (1) of section 811(k) is under this paragraph is a new or existing multi- section (b)(1) shall bear’’; amended— family housing project for which— (4) in subsection (f)— (1) in paragraph (1), by striking the second ‘‘(A) the development costs are paid with re- (A) in paragraph (3)— sentence; and sources from other public or private sources; and (i) in subparagraph (B), by striking ‘‘receive’’ (2) in paragraph (4), by striking ‘‘(or such ‘‘(B) a commitment has been made— and inserting ‘‘be offered’’; higher number of persons’’ and all that follows ‘‘(i) by the applicable State agency responsible (ii) by striking subparagraph (C) and insert- through ‘‘subsection (h)(6))’’. for allocation of low-income housing tax credits ing the following: (h) MINIMUM ALLOCATION FOR MULTIFAMILY under section 42 of the Internal Revenue Code ‘‘(C) evidence of the applicant’s experience PROJECTS.—Subsection (l) of section 811, as of 1986, for an allocation of such credits; in— amended by the preceding provisions of this Act, ‘‘(ii) by the applicable participating jurisdic- ‘‘(i) providing such supportive services; or is further amended by inserting before para- tion that receives assistance under the HOME ‘‘(ii) creating and managing structured part- graph (2) the following new paragraph: Investment Partnership Act, for assistance from nerships with service providers for the delivery ‘‘(1) MINIMUM ALLOCATION FOR MULTIFAMILY such jurisdiction; or of appropriate community-based services;’’; PROJECTS.—The Secretary shall establish a min- ‘‘(iii) by any Federal agency or any State or (iii) in subparagraph (D), by striking ‘‘such imum percentage of the amount made available local government, for funding for the project persons’’ and all that follows through ‘‘provi- for each fiscal year for capital advances under from funds from any other sources. sion of such services’’ and inserting ‘‘tenants’’; subsection (d)(1) that shall be used for multi- ‘‘(4) STATE AGENCY INVOLVEMENT.—Assistance and family projects subject to subsection (e)(4).’’. under the demonstration may be provided only (iv) in subparagraph (E), by inserting ‘‘other Federal, and’’ before ‘‘State’’; and SEC. 4. PROJECT RENTAL ASSISTANCE COMPETI- for projects for which the applicable State agen- (B) in paragraph (4), by striking ‘‘special’’ TIVE DEMONSTRATION PROGRAM. cy responsible for health and human services and inserting ‘‘housing and community-based Section 811, as amended by the preceding pro- programs, and the applicable State agency des- services’’; visions of this Act, is further amended— ignated to administer or supervise the adminis- (5) in subsection (g), in paragraph (1) (as so (1) by redesignating subsections (k) through tration of the State plan for medical assistance redesignated by section 3(c)(1) of this Act)— (n) as subsections (l) through (o), respectively; under title XIX of the Social Security Act, have (A) in subparagraph (D) (as so redesignated and entered into such agreements as the Secretary by section 3(c)(2) of this Act), by striking ‘‘the (2) by inserting after subsection (j) the fol- considers appropriate— necessary supportive services will be provided’’ lowing new subsection: ‘‘(A) to identify the target populations to be and inserting ‘‘appropriate supportive services ‘‘(k) PROJECT RENTAL ASSISTANCE-ONLY COM- served by the project; will be made available’’; and PETITIVE DEMONSTRATION PROGRAM.— ‘‘(B) to set forth methods for outreach and re- (B) by striking subparagraph (E) (as so redes- ‘‘(1) AUTHORITY.—The Secretary shall carry ferral; and ignated by section 3(c)(2) of this Act) and insert- out a demonstration program under this sub- ‘‘(C) to make available appropriate services ing the following: section to expand the supply of supportive hous- for tenants of the project. ‘‘(E) the extent to which the location and de- ing for non-elderly adults with disabilities, ‘‘(5) USE REQUIREMENTS.—In the case of any sign of the proposed project will facilitate the under which the Secretary shall make funds project for which project rental assistance is provision of community-based supportive serv- available for project rental assistance pursuant provided under the demonstration program ices and address other basic needs of persons to paragraph (2) for eligible projects under para- under this subsection, the dwelling units as- with disabilities, including access to appropriate graph (3). The Secretary shall provide for State sisted pursuant to paragraph (2) shall be oper- and accessible transportation, access to commu- housing finance agencies and other appropriate ated for not less than 30 years as supportive nity services agencies, public facilities, and entities to apply to the Secretary for such housing for persons with disabilities, in accord- shopping;’’; project rental assistance funds, which shall be ance with the application for the project ap- (6) in subsection (j)— made available by such agencies and entities for proved by the Secretary, and such dwelling (A) by striking paragraph (4); and dwelling units in eligible projects based upon units shall, during such period, be made avail- (B) by redesignating paragraphs (5), (6), and criteria established by the Secretary for the dem- able for occupancy only by persons and house- (7) as paragraphs (4), (5), and (6), respectively; onstration program under this subsection. The holds described in paragraph (2)(D). (7) in subsection (l) (as so redesignated by sec- Secretary may not require any State housing fi- ‘‘(6) REPORT.—Upon the expiration of the 5- tion 4(1) of this Act)— nance agency or other entity applying for year period beginning on the date of the enact- (A) in paragraph (1), by inserting before the project rental assistance funds under the dem- ment of the Frank Melville Supportive Housing period at the end of the first sentence the fol- onstration program to identify in such applica- Investment Act of 2008, the Secretary shall sub- lowing: ‘‘, which provides a separate bedroom tion the eligible projects for which such funds mit to the Congress a report describing the dem- for each tenant of the residence’’;

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00082 Fmt 4634 Sfmt 6333 E:\CR\FM\A17SE7.084 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8361 (B) by striking paragraph (2) and inserting ‘‘(1) CAPITAL ADVANCE/PRAC PROGRAM.—For would just like to thank those that the following: providing assistance pursuant to subsection (b), have worked on this bill and this issue, ‘‘(2)(A) The term ‘person with disabilities’ such sums as may be necessary. including the chairman of the com- means a person who is 18 years of age or older ‘‘(2) DEMONSTRATION PROGRAM.—For carrying mittee, Chairman FRANK, the chair- and less than 62 years of age, who— out the demonstration program under subsection ‘‘(i) has a disability as defined in section 223 (k), such sums as may be necessary to provide woman of the Subcommittee on Hous- of the Social Security Act; 2,500 incremental dwelling units under such pro- ing, Representative WATERS, and espe- ‘‘(ii) is determined, pursuant to regulations gram in each of fiscal years 2008 and 2009 and cially the Republican cosponsor of this issued by the Secretary, to have a physical, 5,000 incremental dwelling units under such pro- legislation, along with myself, Rep- mental, or emotional impairment which— gram in each of fiscal years 2010, 2011, and resentative BIGGERT, who has been just ‘‘(I) is expected to be of long-continued and 2012.’’. a boundless champion for the issue of indefinite duration; SEC. 7. NEW REGULATIONS AND PROGRAM GUID- supportive housing, the issue of com- ANCE. ‘‘(II) substantially impedes his or her ability passionate care for those individuals to live independently; and Not later than the expiration of the 180-day ‘‘(III) is of such a nature that such ability period beginning on the date of the enactment with physical and mental disabilities, could be improved by more suitable housing con- of this Act, the Secretary of Housing and Urban and also to Mrs. CAPITO, who has led ditions; or Development shall issue new regulations and this committee and this issue so ably. ‘‘(iii) has a developmental disability as de- guidance for the program under section 811 of Mr. Speaker, the 811 program today fined in section 102 of the Developmental Dis- the Cranston-Gonzalez National Affordable is the Nation’s primary program for abilities Assistance and Bill of Rights Act of Housing Act for supportive housing for persons funding supportive housing. What is 2000. with disabilities to carry out such program in supportive housing? Supportive hous- accordance with the amendments made by this ‘‘(B) Such term shall not exclude persons who ing is housing for people with largely have the disease of acquired immunodeficiency Act. syndrome or any conditions arising from the SEC. 8. GAO STUDY. mental disability or physical dis- etiologic agent for acquired immunodeficiency The Comptroller General of the United States ability, that provides some basic sup- syndrome. Notwithstanding any other provision shall conduct a study of the supportive housing ports around those living arrangements of law, no individual shall be considered a per- for persons with disabilities program under sec- so that those individuals can live inde- son with disabilities, for purposes of eligibility tion 811 of the Cranston-Gonzalez National Af- pendently. Job skills, medication ad- for low-income housing under this title, solely fordable Housing Act (42 U.S.C. 8013) to deter- herence, social work, a small amount on the basis of any drug or alcohol dependence. mine the adequacy and effectiveness of such of support given to these individuals program in assisting households of persons with The Secretary shall consult with other appro- living with these disabilities can make priate Federal agencies to implement the pre- disabilities. Such study shall determine— ceding sentence. (1) the total number of households assisted sure that those individuals can live on ‘‘(C) The Secretary shall prescribe such regu- under such program; their own independently and live full lations as may be necessary to prevent abuses in (2) the extent to which households assisted and productive lives. It is a cost-effec- determining, under the definitions contained in under other programs of the Department of tive and compassionate program that, this paragraph, the eligibility of families and Housing and Urban Development that provide unfortunately, has not worked as well persons for admission to and occupancy of rental assistance or rental housing would be eli- as it should have in the past several housing assisted under this section. Notwith- gible to receive assistance under such section 811 program; and years. standing the preceding provisions of this para- The Department of Housing and graph, the term ‘person with disabilities’ in- (3) the extent to which households described cludes two or more persons with disabilities liv- in paragraph (2) who are eligible for, but not re- Urban Development estimates, Mr. ing together, one or more such persons living ceiving, assistance under such section 811 pro- Speaker, that 1.3 million individuals, with another person who is determined (under gram are receiving supportive services from, or non-elderly disabled across this coun- regulations prescribed by the Secretary) to be assisted by, the Department of Housing and try, are low income, living in sub- important to their care or well-being, and the Urban Development other than through the sec- standard housing; 1.3 million people, surviving member or members of any household tion 811 program (including under the Resident Opportunity and Self-Sufficiency program) or and our 811 program simply hasn’t described in subparagraph (A) who were living, reached enough of them. in a unit assisted under this section, with the from other sources. Upon the completion of the study required Last year, less than 1,000 new units deceased member of the household at the time of were built around this country with 811 his or her death.’’; under this section, the Comptroller General (C) by striking paragraph (3) and inserting shall submit a report to the Congress setting dollars, and, as we heard before the the following new paragraph: forth the findings and conclusions of the study. subcommittee, it has taken sometimes ‘‘(3) The term ‘supportive housing for persons The SPEAKER pro tempore. Pursu- 6 years for projects funded with 811 with disabilities’ means dwelling units that— ant to the rule, the gentleman from capital dollars to go from the develop- ‘‘(A) are designed to meet the permanent Connecticut (Mr. MURPHY) and the gen- ment stage to the completion stage. housing needs of very low-income persons with tlewoman from West Virginia (Mrs. disabilities; and b 1830 CAPITO) each will control 20 minutes. ‘‘(B) are located in housing that make avail- The Chair recognizes the gentleman That’s an unacceptably long amount able supportive services that address the indi- from Connecticut. of time for projects that sometimes vidual health, mental health, or other needs of only encompass four or six or eight such persons.’’; GENERAL LEAVE (D) in paragraph (5), by striking ‘‘a project Mr. MURPHY of Connecticut. Mr. units of housing. This bill sets a, I for’’; and Speaker, I ask unanimous consent that think, very aggressive but reasonable (E) in paragraph (6)— all Members have 5 legislative days goal, a tripling over time the number (i) by inserting after and below subparagraph within which to revise and extend their of units constructed in this country (D) the matter to be inserted by the amendment remarks and include extraneous mate- with 811 dollars. made by section 841 of the American Home- rial on this legislation. How does it do this? Primarily it ownership and Economic Opportunity Act of does this by taking the $87 million 2000 (Public Law 106–569; 114 Stat. 3022); and The SPEAKER pro tempore. Is there objection to the request of the gen- right now that are used as vouchers in (ii) in the matter inserted by the amendment the 811 program, and transferring those made by subparagraph (A) of this paragraph, by tleman from Connecticut? striking ‘‘wholly owned and’’; and There was no objection. vouchers over to the larger section 8 (8) in subsection (m) (as so redesignated by Mr. MURPHY of Connecticut. Mr. program. What we have learned is that section 4(1) of this Act)— Speaker, I yield myself such time as I these vouchers that are supposed to be (A) in paragraph (2), by striking ‘‘subsection may consume. dedicated to people with disabilities (c)(1)’’ and inserting ‘‘subsection (d)(1)’’; and Mr. Speaker, I would like to thank have not been traced sufficiently, and (B) in paragraph (3), by striking ‘‘subsection the Chamber for its indulgence in al- in fact, probably are going to people (c)(2)’’ and inserting ‘‘subsection (d)(2)’’. lowing us to bring before it today the without disabilities, in many cases. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Frank Melville Supportive Housing In- The section 8 program will do, I Subsection (n) of section 811 (as so redesig- vestment Act of 2008, which is a reau- think, a much better job, is much bet- nated by section 4(1) of this Act) is amended to ter equipped to track those vouchers read as follows: thorization and improvement upon the ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.— existing section 811 supportive housing going forward. We then take that There is authorized to be appropriated for each statute. money that has now been freed up of fiscal years 2008 through 2012 the following Before I go into very briefly the de- through the transition of those vouch- amounts: tails and importance of this act, I ers to the section 8 program and use

VerDate Aug 31 2005 05:37 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.084 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8362 CONGRESSIONAL RECORD — HOUSE September 17, 2008 much of it to fund a new demonstra- Mrs. CAPITO. I would like to thank I am pleased to report that for the tion program that will seek to leverage the sponsor of the bill, my colleague last 4 years, Congress has agreed to the capital dollars from coming from from Connecticut. fully fund this important program. the 811 program with low-income tax Mr. Speaker, I would like to yield This year, we are going beyond the ap- credits, private dollars and State part- time now to the cosponsor of the bill, a propriations. We are seeking to mod- nerships. champion for housing in all forms and ernize the program, which hasn’t been By doing that, we will be able to take fashion, but particularly supportive updated for over 15 years. existing, affordable housing projects housing, Mrs. BIGGERT from Illinois. H.R. 5772 is critical to the goal of in- that are in the planning stages and, Mrs. BIGGERT. I thank the creasing the number of affordable units with small amounts of rental subsidies, gentlelady for yielding. for people with disabilities. By better be able to reach out to those developers At this time I would like to submit aligning this section 811 program with and essentially make them a deal that for the RECORD a letter addressed to other Federal, State and local funding we will give them a small rental sub- Speaker PELOSI from the National Alli- resources, it allows nonprofit sponsors sidy if, in exchange, they carve out a ance on Mental Illness in support of to more easily leverage additional fi- small number of units to be supportive this legislation. nancing, thereby maximizing Federal housing. This has worked remarkably NATIONAL ALLIANCE ON MENTAL dollars. well in States that have endeavored ILLNESS, By requiring HUD to simplify its this program already. North Carolina Arlington, VA, September 16, 2008. more than 400 pages of guidelines, it Hon. NANCY PELOSI, comes to mind most immediately Speaker, House of Representatives, streamlines the program. In addition, where, over the last 7 years, 1,200 units Washington, DC. it delegates grant authority to State of supportive housing have been built, DEAR SPEAKER PELOSI: On behalf of the and local housing authorities, which in part, with this strategy put in place. 210,000 members and 1,200 affiliates of the Na- housing experts agree will make the There are a number of other impor- tional Alliance on Mental Illness (NAMI), I program more efficient. tant improvements to the 811 program am writing to offer our strong support for Finally, the bill calls for a new dem- in this act, allowing States and State the Frank Melville Supportive Housing In- onstration project that is estimated to housing agencies to do much of the bu- vestment Act of 2008 (H.R. 5772). As the Na- generate as many as 3,000 new units of tion’s largest organization representing peo- reaucratic paperwork involved in these ple with serious mental illness and their housing for nonelderly people with dis- applications, which we believe will families, NAMI is especially grateful to abilities. The bill we are considering greatly expedite the application proc- Chairman Barney Frank and the bill’s spon- today will make the program more ess, a study which will look into how sors, Representatives Chris Murphy and user friendly and attractive to non- we can better use dollars in existing , for their leadership in moving profits. housing projects, 202 housing projects, this legislation forward. Before I close, I would like to once and other affordable housing projects, As you know, Section 811 is a critical af- again thank my colleague from Con- fordable housing resource for non-elderly to get tenants that are living in other people with severe disabilities. While the necticut, Congressman MURPHY, for affordable housing sites, some basic program has been effective in developing per- working on this bill. In addition, I support services that will help them manent supportive housing, improvements would like to thank Chairman FRANK live independently. It is a vast im- are needed. H.R. 5772 will streamline and and Ranking Member BACHUS, Chair- provement over the current law, and simplify the existing process by which 811 woman WATERS and Ranking Member we hope, as I said, it will potentially sponsors compete for new projects. It will Capito, as well as their staffs, for help- triple the number of units built across also reform Section 811 and create an impor- ing us with this legislation. this country. tant demonstration program to allow for in- Of course, I cannot forget to thank This is important. These are some of vestment of new capital resources from pro- one of my constituents from Tinley grams such as the Low-Income Housing Tax the country’s most vulnerable citizens, Credit and HOME in supportive housing de- Park, Illinois, Tony Paulauski, the ex- who are playing by the rules, doing ev- velopments. Finally H.R. 5772 would resolve ecutive director of the Arc of Illinois, erything we ask, but simply need a the current threat to the program from the who testified before our committee small apartment of help to be able to Section 811 ‘‘mainstream’’ voucher program. about the need for these reforms. live independent, productive lives in NAMI applauds their commitment to im- On a similar note, I would also like their community. This is one of the proving supportive housing options for peo- to thank the wonderful people in Illi- most compassionate things that this ple with severe disabilities. Thank you for nois that work for Trinity Services and bringing this legislation to the full House. Congress can do is to try to extend out NAMI urges all members to support passage Cornerstone Services, as well as all of that basic building block of society, of H.R. 5772. those volunteers, parents and other good, affordable housing to individuals Sincerely, members of the community who have with mental disability, with mental ill- MICHAEL J. FITZPATRICK, reached out to express their support for ness and with physical disabilities. Executive Director. this legislation. One last note, this bill is entitled the Mr. Speaker, I am very proud to rise Mr. Speaker, this is a commonsense Frank Melville Supportive Housing In- today as the cosponsor of this legisla- bill that modernizes an important Fed- vestment Act, and it is titled after the tion, and I certainly urge my col- eral housing program that hasn’t been late Frank Melville, the founder, along leagues to support it. updated. I urge my colleagues to sup- with his wife, Ellen, of the Melville I would also like to thank my good port it. Charitable Trust. This charitable trust friend, Congressman MURPHY, who in- Mr. MURPHY of Connecticut. Mr. that they have built up through their troduced the bill, the Frank Melville Speaker, I would like to recognize the generosity, the Melville family’s gen- Supportive Housing Investment Act of gentleman from Massachusetts (Mr. erosity, has funded housing advocacy 2008, and thank him for his hard work LYNCH) for as much time as he may and specifically supportive housing ad- to modernize the Department of Hous- consume. vocacy across this country for a num- ing and Urban Development, HUD’s Mr. LYNCH. I thank the gentleman ber of years. We would not have the section 811 program. from Connecticut for yielding me this housing advocacy community that ex- For the past 4 years, this administra- time. ists today if it weren’t for the gen- tion has proposed deep cuts to the sec- Mr. Speaker, I rise in support of H.R. erosity of the Melvilles. tion 811 program. In response, for the 5772, the Frank Melville Supportive Unfortunately, this world lost Frank past 4 years we have sent letters to the Housing Investment Act of 2008. This is Melville, who also happened to be a Appropriations Committee leaders urg- the only HUD permanent supportive constituent of mine, recently, and this ing them to reject those cuts and fully housing program that is exclusively for act, I think, is a very appropriate tes- fund the program. people with disabilities. tament to the work that he has done. Why? Because section 811 is the only I am pleased to support this legisla- I thank, again, Mrs. BIGGERT for her Federal program that funds housing tion, which will reform and strengthen great work over the years on this issue. and vouchers for people with disabil- section 811 of the Cranston-Gonzalez Mr. Speaker, I reserve the balance of ities who seek to live as independent National Affordable Housing Act. This my time. members of the community. bill will actually increase efficiency

VerDate Aug 31 2005 05:37 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.122 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8363 and better serve eligible disabled per- coupled together because you have a A motion to reconsider was laid on sons and, importantly, I think, this bill serious or long-term disability, which the table. will streamline the bureaucracy. sometimes prevents you from working, f Those of us who have tried to assist and it puts you into that low or very NATIONAL ASSOCIATION OF REG- disabled persons with their housing un- low-income bracket. derstand the hoops that one must go We have talked about some of the re- ISTERED AGENTS AND BROKERS through. This bill, I think, through the visions, programatic issues and REFORM ACT OF 2008 great work of Congressman MURPHY changes that have been made, termi- Mr. SCOTT of Georgia. Mr. Speaker, and others, has solved much of that. nating 811’s Mainstream Tenant-Based I move to suspend the rules and pass But there is much to be said about the Rental Assistance Program and trans- the bill (H.R. 5611) to reform the Na- improvements to the current rental as- ferring those vouchers to section 8, tional Association of Registered sistance program and the system for modernizing the Capital Advance Pro- Agents and Brokers, and for other pur- disbursing capital advances, which ac- gram, establishing a project rental as- poses, as amended. tually create and maintain affordable sistance demonstration program and The Clerk read the title of the bill. units. revising the definitions of ‘‘group The text of the bill is as follows: Additionally, this bill will require home,’’ ‘‘people with disabilities,’’ H.R. 5611 HUD to carry out an important com- ‘‘supportive housing for persons with Be it enacted by the Senate and House of Rep- petitive demonstration program to ex- disabilities.’’ resentatives of the United States of America in pand the supply of truly supportive Also in this bill, we repeal the au- Congress assembled, housing. I am especially pleased that thority of the Secretary to waive size SECTION 1. SHORT TITLE. this bill also authorizes appropriations limitations on group homes and indi- This Act may be cited as the ‘‘National As- for that assistance under section 8 in sociation of Registered Agents and Brokers vidual living facilities. These improve- Reform Act of 2008’’. fiscal year 2009. ments to the program will help provide SEC. 2. REESTABLISHMENT OF THE NATIONAL Having grown up in public housing, I a better life for individuals with dis- ASSOCIATION OF REGISTERED am probably more aware than most of abilities and their families. AGENTS AND BROKERS. the important role that public housing The ability to live independently (a) IN GENERAL.—Subtitle C of title III of fills in terms of the needs of our dis- with the assistance of supportive serv- the Gramm-Leach-Bliley Act (15 U.S.C. 6751 abled community. This is especially ices is critical to improving the lives of et seq.) is amended to read as follows: true for our disabled citizens, who have the disabled and allowing them to be ‘‘Subtitle C—National Association of a greater need for housing and facili- active participants in their commu- Registered Agents and Brokers ties that meet their particular disabil- nities. ‘‘SEC. 321. NATIONAL ASSOCIATION OF REG- ISTERED AGENTS AND BROKERS. ities. I join in thanking Chairman FRANK ‘‘(a) ESTABLISHMENT.—There is established I encourage my colleagues to support and Ranking Member BACHUS. I would the National Association of Registered those most in need in our country by like to particularly thank Mr. MURPHY Agents and Brokers (hereafter in this sub- voting for this important bipartisan for his leadership on this issue and title referred to as the ‘Association’). measure. I must say Mr. MURPHY has Mrs. BIGGERT for her leadership as ‘‘(b) STATUS.—The Association shall— been very gracious in recognizing ev- well. ‘‘(1) be a nonprofit corporation; eryone who has been involved here, but Mr. Speaker, I yield back the balance ‘‘(2) have succession until dissolved by an I must, in turn, I think, recognize his Act of Congress; of my time. ‘‘(3) not be an agent or instrumentality of great involvement and great leadership Mr. MURPHY of Connecticut. I the United States Government; and here. thank Mrs. CAPITO and Mrs. BIGGERT ‘‘(4) except as otherwise provided in this On behalf of all the families out for their leadership on this issue. subtitle, be subject to, and have all the pow- there, like mine, who have disabled Just in closing, Mr. Speaker, al- ers conferred upon a nonprofit corporation persons, and we recognize the chal- though this bill will help scores of indi- by the District of Columbia Nonprofit Cor- lenges that they deal with every day on viduals with physical handicaps, I poration Act (D.C. Code, sec. 29–301.01 et a regular basis, I just want to extend think, to myself, of how much help this seq.). our thanks to CHRIS MURPHY, the Con- is going to provide the millions of indi- ‘‘SEC. 322. PURPOSE. gressman from Connecticut, for his ‘‘The purpose of the Association shall be to viduals across this country with men- provide a mechanism through which licens- great work on this bill. tal illness that are struggling to live ing, continuing education, and other non- Mrs. CAPITO. I would like to join in independently. resident insurance producer qualification re- the chorus of support. Years ago, when this country and quirements and conditions can be adopted Mr. Speaker, as we have heard, the States across this Nation made the de- and applied on a multi-state basis (without section 811 program provides housing cision, the right decision to close down affecting the laws, rules, and regulations assistance and supportive services for the institutions that housed many of pertaining to resident insurance producers or persons with disabilities. I have seen those individuals, we made a promise appointments or producing a net loss of pro- firsthand in my own district the good that we would find new housing, new ducer licensing revenues to States), while preserving the right of States to license, su- works that this program provides, and opportunities for those individuals to pervise, discipline, and establish licensing I am sure it is the same for members live on their own in the community. fees for insurance producers, and to prescribe across the Nation. We have not lived up to that promise. and enforce laws and regulations with regard The timing of the passage of this leg- In Connecticut, those of us that care to insurance-related consumer protection islation is especially significant, as the about this issue often wear a button and unfair trade practices. House just passed the Americans with around the halls of the State legisla- ‘‘SEC. 323. MEMBERSHIP. Disabilities Act amendments earlier ture entitled ‘‘Keep the Promise.’’ This ‘‘(a) ELIGIBILITY.— today. It is appropriate that we would legislation, I believe, is a step towards ‘‘(1) IN GENERAL.—Any insurance producer now consider legislation to improve doing just that. licensed in its home State shall be eligible to become a member in the Association. our housing programs for those with With that, I urge my colleagues to ‘‘(2) INELIGIBILITY FOR SUSPENSION OR REV- disabilities who choose to live inde- support the bill. OCATION OF LICENSE.—Notwithstanding para- pendently. I yield back the balance of my time. graph (1), a State-licensed insurance pro- We have heard a good review, I be- The SPEAKER pro tempore. The ducer shall not be eligible to become a mem- lieve, of the program. We know that it question is on the motion offered by ber if a State insurance regulator has sus- allows persons with disabilities to live the gentleman from Connecticut (Mr. pended or revoked such producer’s license in independently. I think that’s impor- MURPHY) that the House suspend the that State during the 3-year period preceding tant to emphasize the independent na- rules and pass the bill, H.R. 5772, as the date on which such producer applies for ture of the 811 program. It is also the amended. membership. ‘‘(3) RESUMPTION OF ELIGIBILITY.—Para- only Federal program that is solely The question was taken; and (two- graph (2) shall cease to apply to any insur- dedicated to very low-income folks thirds being in the affirmative) the ance producer if— with serious or long-term disabilities. rules were suspended and the bill, as ‘‘(A) the State insurance regulator renews Unfortunately, sometimes those are amended, was passed. the license of such producer in the State in

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.123 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8364 CONGRESSIONAL RECORD — HOUSE September 17, 2008

which the license was suspended or revoked; son acknowledging that the Association may ‘‘(1) CLASSES OF MEMBERSHIP.—The Asso- or request the search. ciation may establish separate classes of ‘‘(B) the suspension or revocation is subse- ‘‘(G) LIMITATION ON PERMISSIBLE USES OF membership, with separate criteria, if the quently overturned. INFORMATION.—Information obtained under Association reasonably determines that per- ‘‘(4) CRIMINAL BACKGROUND CHECK RE- this section may— formance of different duties requires dif- QUIRED.— ‘‘(i) be used only for regulatory or law en- ferent levels of education, training, experi- ‘‘(A) IN GENERAL.—A State-licensed insur- forcement purposes or for purposes of deter- ence, or other qualifications. ance producer shall not be eligible to become mining compliance with membership criteria ‘‘(2) CATEGORIES.— a member unless the producer has submitted established by the Association; ‘‘(A) SEPARATE CATEGORIES FOR PRODUCERS to a national criminal background record ‘‘(ii) be disclosed only to the Association, PERMITTED.—The Association may establish check. State insurance regulators, or Federal or separate categories of membership for pro- ‘‘(B) CRIMINAL BACKGROUND CHECK ORDERED State law enforcement agencies; and ducers and for other persons within each BY HOME STATE.—Any insurance producer li- ‘‘(iii) be disclosed only if the recipient class, based on the types of licensing cat- censed in a State that, as a condition for agrees to— egories that exist under State laws. such licensure, requires the submission of ‘‘(I) maintain the confidentiality of such ‘‘(B) SEPARATE TREATMENT FOR DEPOSITORY identification information to the Federal information; and INSTITUTIONS PROHIBITED.—No special cat- Bureau of Investigation for a national crimi- ‘‘(II) limit the use of such information to egories of membership, and no distinct mem- nal background record check shall be deemed the purposes described in clause (i). bership criteria, shall be established for ‘‘(H) PENALTY FOR IMPROPER USE.—Whoever members which are depository institutions to have submitted to a national criminal uses any information obtained under this or for employees, agents, or affiliates of de- background record check for purposes of sub- section knowingly and willfully for an unau- pository institutions. paragraph (A). thorized purpose shall be fined under title 18, ‘‘(d) MEMBERSHIP CRITERIA.— ‘‘(C) CRIMINAL HISTORY CHECK ORDERED BY United States Code, imprisoned for not more ‘‘(1) IN GENERAL.—The Association may es- ASSOCIATION.— than 2 years, or both. tablish criteria for membership which shall ‘‘(i) IN GENERAL.—The Association may ‘‘(I) RELIANCE ON INFORMATION.—Neither include standards for personal qualifications, submit identification information obtained the Association nor any of its directors, offi- education, training, and experience. from any State-licensed insurance producer cers, or employees who reasonably rely on ‘‘(2) QUALIFICATIONS.—In establishing cri- licensed in a State that has not submitted to information provided under this section shall teria under paragraph (1), the Association a national criminal background record be liable in any action for using information shall consider the NAIC Producer Licensing check, and a request for a national criminal as permitted under this section in good faith. Model Act and the highest levels of insur- background record check of such producer, ‘‘(J) CLARIFICATION OF SECTION 1033.— ance producer qualifications established to the Federal Bureau of Investigation. ‘‘(i) IN GENERAL.—With respect to any ac- under the licensing laws of the States. ‘‘(ii) BYLAWS OR RULES.—The board of di- tion brought under section 1033(e)(1)(B) of ‘‘(3) ASSISTANCE FROM STATES.— rectors of the Association shall prescribe by- title 18, United States Code, no person en- ‘‘(A) IN GENERAL.—The Association may re- laws or rules for obtaining and utilizing gaged in the business of conducting financial quest a State to provide assistance in inves- identification information and criminal activities shall be subject to any penalty re- tigating and evaluating a prospective mem- background record information, including sulting from such section if the individual ber’s eligibility for membership in the Asso- the establishment of fees required to perform whom the person permitted to engage in the ciation. a criminal background record check. business of insurance is a member of the As- ‘‘(B) RULE OF CONSTRUCTION.—Subpara- ‘‘(D) ATTORNEY GENERAL AUTHORIZATION.— sociation or is licensed, or approved (as part graph (A) shall not be construed as requiring Upon receiving a request from the Associa- of an application or otherwise), by a State or authorizing any State to adopt new or ad- tion, the Attorney General shall— insurance regulator that performs criminal ditional requirements concerning the licens- ‘‘(i) search the records of the Criminal Jus- background checks under this section, unless ing or evaluation of insurance producers. tice Information Services Division of the such person knows that the individual is in ‘‘(4) DENIAL OF MEMBERSHIP.—The Associa- Federal Bureau of Investigation, and any violation of section 1033(e)(1)(A) of such title. tion may deny membership to any State-li- other similar database over which the Attor- ‘‘(ii) FINANCIAL ACTIVITIES DEFINED.—For censed insurance producer for failure to ney General has authority and deems appro- purposes of this subparagraph, the term ‘fi- meet the membership criteria established by priate, for any criminal background records nancial activities’— the Association. (including wanted persons information) cor- ‘‘(I) means banking activities (including ‘‘(e) EFFECT OF MEMBERSHIP.— responding to the identification information the ownership of a bank), securities activi- ‘‘(1) AUTHORITY OF ASSOCIATION MEMBERS.— provided under subparagraph (F); and ties, insurance activities, or commodities ac- Membership in the Association shall— ‘‘(ii) provide any relevant information con- tivities; and ‘‘(A) authorize an insurance producer to tained in such records that pertain to the re- ‘‘(II) includes all activities that are finan- sell, solicit, negotiate, effect, procure, de- quest directly to the Association. cial in nature or are incidental to a financial liver, renew, continue, or bind insurance in ‘‘(E) RELEVANT INFORMATION DEFINED.—For activity (as defined under section 4(k) of the any State for which the member pays the li- purposes of subparagraph (D)(ii), the term Bank Holding Company Act of 1956). censing fee set by such State for any line or ‘relevant information’ means any of the fol- ‘‘(K) FEES.—The Attorney General may lines of insurance specified in such pro- lowing records: charge a reasonable fee for the provision of ducer’s home State license, and exercise all ‘‘(i) All felony convictions. information under this paragraph. such incidental powers, as shall be necessary ‘‘(ii) All misdemeanor convictions involv- ‘‘(L) RULE OF CONSTRUCTION.—No provision to carry out such activities, including claims ing— of this paragraph shall be construed as— adjustments and settlement, risk manage- ‘‘(I) violation of a law involving financial ‘‘(i) requiring a State insurance regulator ment, employee benefits advice, retirement activities; to perform criminal background checks planning, and any other insurance-related ‘‘(II) dishonesty or breach of trust, within under this section; or consulting activities; the meaning of section 1033 of title 18, United ‘‘(ii) superseding or otherwise limiting any ‘‘(B) be the equivalent of a nonresident in- States Code, including taking, withholding, other authority that allows access to crimi- surance producer license issued in any state misappropriating, or converting money or nal background records. where the member pays the licensing fee; property; ‘‘(M) REGULATIONS.—The Attorney General and ‘‘(III) failure to comply with child support may prescribe regulations to carry out this ‘‘(C) subject an insurance producer to all obligations; paragraph. laws, regulations, provisions or other action ‘‘(IV) failure to pay taxes; and ‘‘(N) INELIGIBILITY FOR MEMBERSHIP.—The of any State concerning revocation or sus- ‘‘(V) domestic violence, child abuse, bur- Association may deny membership to any pension of a member’s ability to engage in glary of a dwelling, or a criminal offense State-licensed insurance producer on the any activity within the scope of authority that has as an element the use or attempted basis of criminal history information ob- granted under this subsection and to all use of physical force, or threat of great bod- tained pursuant to subparagraph (D). state laws, regulations, provisions and ac- ily harm, or the use, attempted use, or ‘‘(b) AUTHORITY TO ESTABLISH MEMBERSHIP tions preserved under paragraph (4). threatened use of a deadly weapon, against CRITERIA.—The Association may establish ‘‘(2) DUPLICATIVE LICENSES.—No State, an individual, including committing or at- membership criteria that— other than the member’s home State, may tempting to commit murder, manslaughter, ‘‘(1) bear a reasonable relationship to the require an individual member to obtain a kidnapping, aggravated assault, forcible sex purposes for which the Association was es- business entity license or membership in offenses, robbery, arson, extortion, and ex- tablished; and order to engage in any activity within the tortionate extension of credit. ‘‘(2) do not unfairly limit the access of scope of authority granted in paragraph (1) ‘‘(F) FORM OF REQUEST.—A request under smaller agencies to the Association member- or in order for the member or any employer, subparagraph (C) shall include a copy of any ship, including imposing discriminatory employee, or affiliate of the member to re- necessary identification information re- membership fees on smaller insurance pro- ceive compensation for the member’s per- quired by the Attorney General concerning ducers. formance of any such activity. the person about whom the record is re- ‘‘(c) ESTABLISHMENT OF CLASSES AND CAT- ‘‘(3) AGENT FOR REMITTING FEES.—The Asso- quested and a statement signed by the per- EGORIES OF MEMBERSHIP.— ciation shall act as any member’s agent for

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.086 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8365

purposes of remitting licensing fees to any ‘‘(b) POWERS.— shall, with the advice and consent of the State pursuant to paragraph (1). ‘‘(1) IN GENERAL.—The Board shall have Senate, appoint 6 members to the Board who ‘‘(4) PRESERVATION OF STATE CONSUMER such powers and authority as may be speci- are current State insurance commissioners PROTECTION AND MARKET CONDUCT REGULA- fied in the bylaws of the Association. in accordance with the requirements of sub- TION.—No provision of this section shall be ‘‘(2) QUORUM REQUIRED.—All decisions of paragraphs (A) and (B) of paragraph (2) from construed as altering or affecting the con- the Board shall require an affirmative vote a list of candidates recommended to the tinuing effectiveness of any law, regulation, of a simple majority of Board members. President by the NAIC. provision, or other action of any State which ‘‘(c) COMPOSITION.— ‘‘(ii) PRESIDENTIAL APPOINTMENT WITHOUT A purports to regulate market conduct or un- ‘‘(1) IN GENERAL.—The Board shall be com- LIST.—If the NAIC fails to provide a list fair trade practices or establish consumer posed of 11 members, of whom— within 90 days after the date of the enact- protections to the extent that such law, reg- ‘‘(A) 6 shall be State insurance commis- ment of the National Association of Reg- ulation, provision, or other action is not in- sioners appointed in the manner provided in istered Agents and Brokers Reform Act of consistent with the provisions of this sub- paragraph (2), and 2008, or if any list that is provided does not title, and then only to the extent of such in- ‘‘(B) 5 shall be insurance industry rep- include at least 10 recommended candidates consistency. resentatives appointed in the manner pro- or comply with the requirements of para- vided in paragraph (3). ‘‘(f) BIENNIAL RENEWAL.—Membership in graph (2), the President shall, with the ad- ‘‘(2) MEMBERS APPOINTED BY THE NAIC.— the Association shall be renewed on a bien- vice and consent of the Senate, appoint 6 ‘‘(A) IN GENERAL.—The NAIC shall appoint nial basis. members to the Board without considering ‘‘(g) CONTINUING EDUCATION.— 1 member of the Board from among State in- the views of the NAIC, in accordance with re- ‘‘(1) IN GENERAL.—The Association shall es- surance commissioners in each of the fol- quirements of paragraph (2). tablish, as a condition of membership, con- lowing 3 categories of States: tinuing education requirements which shall ‘‘(i) The 18 States with the smallest total ‘‘(C) PROCEDURES FOR OBTAINING INSURANCE be comparable to the continuing education direct written premiums from all insurance TRADE ASSOCIATION GROUP APPOINTMENT REC- requirements under the licensing laws of a policies written in such States. OMMENDATIONS.— majority of the States. ‘‘(ii) The 18 States with the largest total ‘‘(i) PRESIDENTIAL APPOINTMENT FROM LIST.—If any group of nominating insurance ‘‘(2) STATE CONTINUING EDUCATION REQUIRE- direct written premiums from all insurance trade associations identified under subpara- MENTS.—A member may not be required to policies written in such States. satisfy continuing education requirements ‘‘(iii) The States that are not among the graph (A), (B), or (C) of paragraph (3) fails to imposed under the laws, regulations, provi- States described in clauses (i) and (ii). appoint members of the Board as provided sions, or actions of any State other than ‘‘(B) AT-LARGE MEMBERS.—The NAIC shall under such subparagraph within 60 days after such member’s home State. appoint 3 Board members pursuant to cri- the date of the enactment of the National Association of Registered Agents and Bro- ‘‘(3) RECIPROCITY.—The Association shall teria established by the NAIC’s membership. not require a member to satisfy continuing ‘‘(3) MEMBERS APPOINTED BY INSURANCE kers Reform Act of 2008, the President shall, education requirements that are equivalent TRADE ASSOCIATIONS.— with the advice and consent of the Senate, to any continuing education requirements of ‘‘(A) INSURANCE PRODUCER REPRESENTA- make the requisite appointments pursuant the member’s home State that have been TIVES.—3 of the 5 members who are insurance to each such subparagraph from a list of can- satisfied by the member during the applica- industry representatives shall be appointed didates recommended to the President by ble licensing period. as follows by the following trade associa- such group. ‘‘(ii) PRESIDENTIAL APPOINTMENT WITHOUT A ‘‘(4) LIMITATION ON ASSOCIATION.—The Asso- tions or their successor organizations: ciation shall not directly or indirectly offer ‘‘(i) 1 member appointed by the Council of LIST.—If the nominating group of insurance any continuing education courses for insur- Insurance Agents and Brokers from among trade associations identified under subpara- ance producers. representatives of such association. graph (A), (B), or (C) of paragraph (3) fails to ‘‘(h) PROBATION, SUSPENSION AND REVOCA- ‘‘(ii) 1 member appointed by the Inde- provide a list within 90 days after date of the TION.—The Association may place an insur- pendent Insurance Agents and Brokers of enactment of the National Association of ance producer that is a member of the Asso- America from among representatives of such Registered Agents and Brokers Reform Act ciation on probation or suspend or revoke association. of 2008, or if any list that is provided does such producer’s membership in the Associa- ‘‘(iii) 1 member appointed by the National not comply with the requirements of the tion, as the Association determines to be ap- Association of Insurance and Financial Advi- subparagraph, the President shall, with the propriate, if— sors from among representatives of such as- advice and consent of the Senate, make the ‘‘(1) the producer fails to meet the applica- sociation. requisite appointments without considering ble membership criteria of the Association; ‘‘(B) PROPERTY AND CASUALTY INSURER REP- the views of such group. or RESENTATIVE.—1 of the 5 members who are ‘‘(iii) LIST OF RECOMMENDATIONS.—Any list ‘‘(2) the producer has been subject to dis- insurance industry representatives shall be of recommended candidates provided to the ciplinary action pursuant to a final adjudica- appointed by the American Insurance Asso- President by a nominating group of insur- tory proceeding under the jurisdiction of a ciation, the National Association of Mutual ance trade associations identified under sub- State insurance regulator. Insurance Companies, and the Property and paragraph (A), (B), or (C) of paragraph (3) ‘‘(i) OFFICE OF CONSUMER COMPLAINTS.— Casualty Insurers Association of America shall include— ‘‘(1) IN GENERAL.—The Association shall es- from among representatives of each such as- ‘‘(I) at least 2 recommended candidates tablish an office of consumer complaints sociation, on a rotating basis. from each association identified under para- that shall— ‘‘(C) LIFE AND HEALTH INSURER REPRESENT- graph (3)(A); ‘‘(A) receive and, when appropriate, inves- ATIVE.—1 of the 5 members who are insurance ‘‘(II) at least 2 recommended candidates, in tigate complaints from both consumers and industry representatives shall be appointed the case of associations identified under State insurance regulators related to mem- by the American Council of Life Insurers and paragraph (3)(B); and bers of the Association; the Association of Health Insurance Plans ‘‘(III) at least 2 recommended candidates, ‘‘(B) maintain records of all complaints re- from among representatives of each such as- in the case of associations identified under ceived in accordance with subparagraph (A) sociation, on a rotating basis. paragraph (3)(C). and make such records available to the Na- ‘‘(4) ALTERNATE APPOINTMENT.— ‘‘(D) ALTERNATE APPOINTMENT OF STATE IN- tional Association of Insurance Commis- ‘‘(A) IN GENERAL.—If the NAIC or a nomi- SURANCE COMMISSIONERS.—If fewer than 6 sioners (hereinafter in this subtitle referred nating group of insurance trade associations State insurance commissioners accept ap- to as the ‘NAIC’) and to each State insurance fails to make appointments to the Board as pointment to the Board pursuant to subpara- regulator for the State of residence of the required under paragraph (2) or (3), the Presi- graph (B), the President, with the advice and consumer who filed the complaint; and dent shall appoint such members of the Asso- consent of the Senate, may appoint the re- ‘‘(C) refer, when appropriate, any such ciation’s Board from lists of candidates pro- maining State insurance commissioner complaint to any appropriate State insur- vided by the NAIC, in the case of a member members of the Board from among individ- ance regulator. described in paragraph (2) or the nominating uals who are current or former State insur- ‘‘(2) TELEPHONE AND OTHER ACCESS.—The group of insurance trade associations pursu- ance commissioners, to the extent that— office of consumer complaints shall maintain ant to the relevant subparagraph of para- ‘‘(i) any former insurance commissioner a toll-free telephone number for the purpose graph (3), in the case of a member described appointed by the President shall not be em- of this subsection and, as practicable, other in any such subparagraph. ployed by or have a present direct or indirect alternative means of communication with ‘‘(B) PROCEDURES FOR OBTAINING NAIC AP- financial interest in any insurer or other en- consumers, such as an Internet web page. POINTMENT RECOMMENDATIONS.— tity in the insurance industry other than di- ‘‘SEC. 324. BOARD OF DIRECTORS. ‘‘(i) PRESIDENTIAL APPOINTMENT FROM rect or indirect ownership of, or beneficial ‘‘(a) ESTABLISHMENT.—There is established LIST.—If the NAIC fails to appoint members interest in, any insurance policy or annuity the board of directors of the Association of the Board as provided under subparagraph contract written or sold by an insurer; and (hereafter in this subtitle referred to as the (A) or (B) of paragraph (2) within 60 days ‘‘(ii) not more than 3 members appointed ‘Board’) for the purpose of governing and su- after the date of the enactment of the Na- to membership on the Board under this sub- pervising the activities of the Association tional Association of Registered Agents and paragraph belong to the same political party and the members of the Association. Brokers Reform Act of 2008, the President as the President.

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.086 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8366 CONGRESSIONAL RECORD — HOUSE September 17, 2008

‘‘(5) STATE INSURANCE COMMISSIONER DE- ‘‘(A) any act or practice in which such Leader that the Association is acting in a FINED.—For purposes of this subsection, the member has been found to have been en- manner contrary to the purposes of this sub- term ‘State insurance commissioner’ means gaged; title or has failed to perform its duties under a person who serves in the position in State ‘‘(B) the specific provision of this subtitle, this subtitle, the President may remove the government, or on the board, commission, or the rules or regulations under this subtitle, entire existing Board for the remainder of other body that is the principal insurance or the rules of the Association which any the term to which the members of the Board regulatory authority for the State. such act or practice is deemed to violate; and were appointed and appoint, in accordance ‘‘(d) TERMS.— ‘‘(C) the sanction imposed and the reason with section 324(c)(4) with the advice and ‘‘(1) IN GENERAL.—The term of each Board for such sanction. consent of the Senate, new members to fill member shall, after the initial appointment ‘‘SEC. 327. POWERS. the vacancies on the Board for the remainder of the members of the Board, be for 2 years, ‘‘In addition to all the powers conferred of such terms. with 1⁄2 of the members to be appointed each upon a nonprofit corporation by the District ‘‘(b) SUSPENSION OF RULES OR ACTIONS.— year and divided as evenly as possible be- of Columbia Nonprofit Corporation Act, the The President, or a person designated by the tween members appointed under paragraphs Association shall have the following powers: President for such purpose, may suspend the (2) and (3) of subsection (c). ‘‘(1) To establish and collect such member- effectiveness of any rule, or prohibit any ac- ‘‘(2) LIMITATION ON SUCCESSIVE TERMS.— ship fees as the Association finds necessary tion, of the Association which the President Only Board members appointed under sub- to impose to cover the costs of its oper- or the designee determines and certifies to sections (c)(2) and (c)(3)(A) may be re-ap- ations. the Speaker of the House, the House minor- pointed for an additional term. ‘‘(2) To adopt, amend, and repeal bylaws ity leader, the Senate majority leader, and ‘‘(e) BOARD VACANCIES.— and rules governing the conduct of Associa- the Senate minority leader is contrary to ‘‘(1) IN GENERAL.—Any vacancy on the tion business and performance of its duties. the purposes of this subtitle. board of directors shall be filled as provided ‘‘(3) To establish procedures for providing ‘‘SEC. 331. RELATIONSHIP TO STATE LAW. under subparagraph (A) or (B) of paragraph notice and opportunity for comment pursu- ‘‘(a) PREEMPTION OF STATE LAWS.—State (2), and any member appointed to fill a va- ant to section 326(a). laws, regulations, provisions, or other ac- cancy occurring before the expiration of the ‘‘(4) To enter into and perform such agree- tions purporting to regulate insurance pro- term for which the member’s predecessor ments as necessary to carry out its duties. ducers shall be preempted to the extent pro- was appointed shall be appointed only for the ‘‘(5) To hire employees, professionals or vided in subsection (b). remainder of that term. specialists, and elect or appoint officers, and ‘‘(b) PROHIBITED ACTIONS.— ‘‘(2) ALTERNATE APPOINTMENT.—If the NAIC to fix their compensation, define their duties ‘‘(1) IN GENERAL.—No State shall— or a nominating group of trade associations and give them appropriate authority to ‘‘(A) impede the activities of, take any ac- fails to appoint a member to the Board to fill carry out the purposes of this subtitle, and tion against, or apply any provision of law or a vacancy within 60 days from the date that determine their qualification; and to estab- regulation to, any insurance producer be- such vacancy occurs, the President shall, lish the Association’s personnel policies and cause that insurance producer or any affil- with the advice and consent of the Senate, programs relating to, among other things, iate plans to become, has applied to become, make the requisite appointment pursuant to conflicts of interest, rates of compensation. or is a member of the Association; the procedures established under the applica- and qualifications of personnel. ‘‘(B) impose any requirement upon a mem- ble subparagraph of subsection (c)(4). ‘‘(6) To borrow money. ber of the Association that it pay fees dif- ‘‘(f) MEETINGS.—The Board shall meet at ‘‘(7) To assess board member organizations ferent from those required to be paid to that the call of the chairperson, or as otherwise and associations fees for such amounts that State were it not a member of the Associa- provided by the bylaws of the Association. the Association determines to be necessary tion; and appropriate to organize and begin oper- ‘‘(C) impose any continuing education re- ‘‘SEC. 325. OFFICERS. ations of the Association, which shall be quirements on nonresident insurance pro- ‘‘(a) POSITIONS.—The officers of the Asso- treated as loans to be repaid by the Associa- ducers; or ciation shall consist of a chairperson and a tion with interest at market rate. ‘‘(D) impose any licensing, registration, or vice chairperson of the Board, an executive ‘‘SEC. 328. REPORT BY ASSOCIATION. appointment requirements upon any non- director, secretary, and treasurer of the As- ‘‘(a) IN GENERAL.—As soon as practicable resident insurance producer that sells, solic- sociation, and such other officers and assist- after the close of each fiscal year, the Asso- its, negotiates, effects, procures, delivers, re- ant officers as may be deemed necessary. ciation shall submit to the President, the news, continues, or binds insurance for com- ‘‘(b) MANNER OF SELECTION.—Each officer Congress, and the NAIC a written report re- mercial property and casualty risks to an in- of the Board and the Association shall be garding the conduct of its business, and the sured with risks located in more than 1 elected or appointed at such time, in such exercise of the other rights and powers State, provided that such nonresident insur- manner, and for such terms as may be pre- granted by this subtitle, during such fiscal ance producer is otherwise licensed as an in- scribed in the bylaws of the Association. year. surance producer in the State where the in- ‘‘SEC. 326. BYLAWS, RULES, AND DISCIPLINARY ‘‘(b) FINANCIAL STATEMENTS.—Each report sured maintains its principal place of busi- ACTION. submitted under subsection (a) with respect ness and the contract of insurance insures ‘‘(a) ADOPTION AND AMENDMENT OF BY- to any fiscal year shall include financial risks located in that State. LAWS.— statements setting forth the financial posi- ‘‘(2) STATES OTHER THAN A HOME STATE.—No ‘‘(1) COPY REQUIRED TO BE FILED.—The tion of the Association at the end of such fis- State, other than a member’s home State, board of directors of the Association shall cal year and the results of its operations (in- shall— submit to the President, the Congress, and cluding the source and application of its ‘‘(A) impose any licensing, integrity, per- the NAIC any proposed bylaw or rules of the funds) for such fiscal year. sonal or corporate qualifications, education, Association or any proposed amendment to ‘‘SEC. 329. LIABILITY OF THE ASSOCIATION AND training, experience, residency, continuing the bylaws or rules, accompanied by a con- THE DIRECTORS, OFFICERS, AND education, or bonding requirement upon a cise general statement of the basis and pur- EMPLOYEES OF THE ASSOCIATION. member of the Association that is different pose of such proposal. ‘‘(a) IN GENERAL.—The Association shall from the criteria for membership in the As- ‘‘(2) EFFECTIVE DATE.—Any proposed bylaw not be deemed to be an insurer or insurance sociation or renewal of such membership; or rule or proposed amendment to the bylaws producer within the meaning of any State ‘‘(B) impose any requirement upon a mem- or rules shall take effect, after notice pub- law, rule, regulation, or order regulating or ber of the Association that it be licensed, lished in an insurance trade journal and op- taxing insurers, insurance producers, or registered, or otherwise qualified to do busi- portunity for comment, upon such date as other entities engaged in the business of in- ness or remain in good standing in such the Association may designate. surance, including provisions imposing pre- State, including any requirement that such ‘‘(b) DISCIPLINARY ACTION BY THE ASSOCIA- mium taxes, regulating insurer solvency or insurance producer register as a foreign com- TION.— financial condition, establishing guaranty pany with the secretary of state or equiva- ‘‘(1) SPECIFICATION OF CHARGES.—In any funds and levying assessments, or requiring lent State official; or proceeding to determine whether member- claims settlement practices. ‘‘(C) require that a member of the Associa- ship shall be denied, suspended, revoked, or ‘‘(b) LIABILITY OF THE ASSOCIATION, ITS DI- tion submit to a criminal history record not renewed (hereafter in this section re- RECTORS, OFFICERS, AND EMPLOYEES.—Nei- check as a condition of doing business in ferred to as a ‘disciplinary action’) or to de- ther the Association nor any of its directors, such State. termine whether a member of the Associa- officers, or employees shall have any liabil- ‘‘SEC. 332. COORDINATION WITH OTHER REGU- tion should be placed on probation, the Asso- ity to any person for any action taken or LATORS. ciation shall bring specific charges, notify omitted in good faith under or in connection ‘‘(a) COORDINATION WITH STATE INSURANCE such member of such charges, give the mem- with any matter subject to this subtitle. REGULATORS.—The Association may— ber an opportunity to defend against the ‘‘SEC. 330. PRESIDENTIAL REVIEW. ‘‘(1) establish a central clearinghouse, or charges, and keep a record. ‘‘(a) REMOVAL.—If the President deter- utilize the NAIC or any other entity as a ‘‘(2) SUPPORTING STATEMENT.—A deter- mines and certifies to the Speaker of the central clearinghouse, through which mem- mination to take disciplinary action shall be House, the House Minority Leader, the Sen- bers of the Association may pursuant to sec- supported by a statement setting forth— ate Majority Leader and the Senate Minority tion 323(e) disclose their intent to operate in

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.086 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8367 1 or more States and pay the licensing fees ‘‘Sec. 323. Membership. This legislation is straightforward. to the appropriate States; and ‘‘Sec. 324. Board of directors. Insurance agents and brokers who are ‘‘(2) establish a national database for the ‘‘Sec. 325. Officers. licensed in good standing in their home collection of regulatory information con- ‘‘Sec. 326. Bylaws, rules, and disciplinary ac- tion. States can apply for membership in the cerning the activities of insurance producers National Association for Registered or contract with the NAIC or any other enti- ‘‘Sec. 327. Powers. ‘‘Sec. 328. Report by association. ty to utilize such a database. Agents and Brokers, NARAB, which ‘‘Sec. 329. Liability of the association and ‘‘(b) COORDINATION WITH THE FINANCIAL IN- will allow them to operate in multiple the directors, officers, and em- DUSTRY REGULATORY AUTHORITY.—The Asso- States. This is very much needed. ployees of the association. ciation shall coordinate with the Financial Membership will be voluntary and not ‘‘Sec. 330. Presidential review. Industry Regulatory Authority in order to ‘‘Sec. 331. Relationship to state law. affecting the rights of a nonmember ease any administrative burdens that fall on ‘‘Sec. 332. Coordination with other regu- producer under any State license, re- persons that are members of both associa- lators. specting the sanctity of the State. This tions, consistent with the purposes of this ‘‘Sec. 333. Judicial review and enforcement. legislation will benefit policyholders subtitle and the Federal securities laws. ‘‘Sec. 334. Definitions.’’. by increasing marketplace competition ‘‘SEC. 333. JUDICIAL REVIEW AND ENFORCE- MENT. b 1845 and consumer choice by enabling insur- ‘‘(a) JURISDICTION.—The appropriate United The SPEAKER pro tempore. Pursu- ance producers to more quickly and re- States district court shall have exclusive ju- ant to the rule, the gentleman from sponsibly serve the needs of the con- sumer. risdiction over litigation to which the Asso- Georgia (Mr. SCOTT) and the gentleman ciation is a party or any matter arising A private, nonprofit NARAB entity from Kentucky (Mr. DAVIS) each will under this subtitle, including disputes be- consisting of State insurance regu- control 20 minutes. tween the Association and its members that lators and marketplace representatives arise under this subtitle, subject to chapter The Chair recognizes the gentleman from Georgia. will serve as a portal for agents and 7 of title 5, United States Code. brokers to obtain nonresident licenses GENERAL LEAVE ‘‘(b) EXHAUSTION OF REMEDIES.—An ag- in additional States. This is provided grieved person shall be required to exhaust Mr. SCOTT of Georgia. Mr. Speaker, that they pay the required State non- all available administrative remedies before I ask unanimous consent that all Mem- the Association before it may seek judicial licensing fees and meet the NARAB bers may have 5 legislative days within standards for membership. review of an Association decision. which to revise and extend their re- ‘‘(c) EQUAL WEIGHT AND DEFERENCE.—In This bill would also establish mem- any other proceeding involving this subtitle, marks on this legislation and to insert bership criteria which would include the court shall give at least equal weight and extraneous material thereon. standards for personal qualifications, deference to the interpretations of the Asso- The SPEAKER pro tempore. Is there education, training and experience; and ciation as would be given to any State or objection to the request of the gen- further, member applicants must be re- Federal agency with respect to any law, reg- tleman from Georgia? quired to undergo a national criminal ulation, interpretation, or order addressing There was no objection. background check. And, to be very the same issues. Mr. SCOTT of Georgia. Mr. Speaker, clear, NARAB would not, I repeat, ‘‘SEC. 334. DEFINITIONS. I yield myself such time as I may con- ‘‘For purposes of this subtitle, the fol- would not be part of nor report to any sume. Federal agency and would not have any lowing definitions shall apply: First, I want to thank Chairman ‘‘(1) HOME STATE.—The term ‘home State’ Federal regulatory power. This is being KANJORSKI of the Capital Markets Sub- means the State in which the insurance pro- done to streamline and bring greater committee, as well as Chairman ducer maintains its principal place of resi- efficiency and greater choice to con- FRANK, for working with us and allow- dence or business and is licensed to act as an sumers. insurance producer. ing H.R. 5611, the National Association Federal legislation is needed to en- ‘‘(2) INSURANCE.—The term ‘insurance’ of Registered Agents and Brokers Re- sure a reciprocal licensing process for means any product, other than title insur- form Act, to be considered today. This insurance agents and brokers, and Con- ance, defined or regulated as insurance by is, indeed, an important piece of legis- the appropriate State insurance regulatory gress already endorsed this concept lation. when we passed the Gramm-Leach-Bli- authority. I was pleased to introduce this bill, ‘‘(3) INSURANCE PRODUCER.—The term ‘in- ley Act in 1999. The Gramm-Leach-Bli- surance producer’ means any insurance along with my good friend, the gen- ley Act would have created NARAB if a agent or broker, excess or surplus lines tleman from Kentucky (Mr. DAVIS), as number of States had not reached a broker or agent, insurance consultant, lim- insurance regulatory reform is an issue certain number of licensing reci- ited insurance representative, and any other many involved agree requires action. procity, and although enough reci- individual or entity that solicits, negotiates, It, indeed, has been a pleasure to work procity was provided to avoid the cre- effects, procures, delivers, renews, continues with Representative DAVIS on this, who or binds policies of insurance or offers ad- ation of NARAB, it has been brought to is one of my distinguished colleagues my attention and to Mr. DAVIS’ atten- vice, counsel, opinions or services related to on the Committee on Financial Serv- insurance. tion by agents across this country that ices. We both believe that this bill is a ‘‘(4) STATE.—The term ‘State’ includes any there is a frustration over incomplete State, the District of Columbia, any terri- good starting point for leveling the insurance licensing reciprocity, and tory of the United States, and Puerto Rico, playing field for insurance agents and this legislation addresses that impor- Guam, American Samoa, the Trust Territory brokers. tant fact. It is abundantly clear that of the Pacific Islands, the Virgin Islands, and Never before, Mr. Speaker, have we the bar was not set high enough in the Northern Mariana Islands. really seen the significance and impor- Gramm-Leach-Bliley, thus the reason ‘‘(5) STATE LAW.— tance of the financial services industry behind this important legislation that ‘‘(A) IN GENERAL.—The term ‘State law’ in- as we are seeing it today. There are so we are considering today. We, my col- cludes all laws, decisions, rules, regulations, many, many, many pieces that need to or other State action having the effect of league, Mr. DAVIS and I, are simply law, of any State. be reformed and looked at and im- working to ensure an updated version ‘‘(B) LAWS APPLICABLE IN THE DISTRICT OF proved upon, and this legislation hap- of NARAB. COLUMBIA.—A law of the United States appli- pens to be one of those pieces. I believe the increased competition cable only to or within the District of Co- H.R. 5611 will simply establish the among agents and brokers this bill lumbia shall be treated as a State law rather National Association of Registered would create will be beneficial to all, than a law of the United States.’’. Agents and Brokers, which we refer to and on all accounts, be more fair; and, (b) CLERICAL AMENDMENT.—The table of as NARAB, to provide for nonresident in addition, lead to greater consumer contents for the Gramm-Leach-Bliley Act is insurance agent and broker licensing amended by striking the items relating to choice. Mr. Speaker, this is what is im- subtitle C of title III and inserting the fol- while preserving the rights of States to portant. The bottom line, it is the ben- lowing new items: supervise and discipline insurance efit to the consumer. ‘‘Subtitle C—National Association of agents and brokers. The legislation As more and more agents operate Registered Agents and Brokers will further benefit consumers through across State lines, this problem of reci- ‘‘Sec. 321. National association of registered increased competition among agents procity has become worse, and it has agents and brokers. and brokers, leading to greater con- become apparent to us that true non- ‘‘Sec. 322. Purpose. sumer choice. resident licensing reform for insurance

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.086 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8368 CONGRESSIONAL RECORD — HOUSE September 17, 2008 agents could only really be achieved ployees in several different States, and dustry groups in helping us to come to through legislation at the Federal suddenly found when I reached out to a compromise on H.R. 5611. In particular, level. That is why this Congress is act- good friend of mine who was an agent the NAIC has been an invaluable source ing today. himself that he had to deal with sev- of knowledge, and I appreciate their The NARAB Reform Act that we are eral different agents. It suddenly be- substantive suggestions for ways we looking at today has garnered support came very complicated and very costly can improve the bill. from both sides of the aisle, both from a time standpoint. It was ineffi- We made sure that the State insur- Democrats and Republicans, with 48 bi- cient and not cost effective at all for ance commissioners had a voice in the partisan cosponsors, and 27 of these co- any of us to get these different plans to shaping of this legislation to ensure sponsors are Members serving on the fit the needs and in compliance with that State rights were protected, and Financial Services Committee. each State. at the same time we were able to ad- Again, I was very much pleased to After I came to Congress, with that dress a direct issue that was affecting work with the gentleman from Ken- experience in the back of my mind, I these brokers and small business cus- tucky (Mr. DAVIS) on this legislation also heard from many, many agents in tomers. which again narrowly targets only the the insurance industry, and many H.R. 5611 takes a significant step to- area where there is a problem. We have small business owners who encountered ward improving the way our insurance gone in with a laser beam and simply situations like I had sitting astride the markets operate within the existing targeted where there is a problem to nexus of three States. State-based system. I would like to fix, and we have done that. Insurance reform has been the sub- thank in particular Chairman FRANK, ject of discussion for many years now. Our manager’s amendment was re- Ranking Member BACHUS, Chairman There are many different perspectives cently endorsed by the NAIC, showing KANJORSKI, and Ranking Member on it. What DAVID and I have tried to that the State insurance regulators be- PRYCE for their leadership on the im- lieve that this type of legislation is do through this bill, and our staffs, is portant issue of insurance reform and badly needed reform. Other groups that to simply solve a process problem that for their support of this bill that Mr. allows people to work together more support this bill include the Inde- SCOTT and I introduced. effectively. To me, this is the height of pendent Insurance Agents and Brokers Lastly, I want to thank my good bipartisanism at its best. We are work- of America, the IIABA; the National friend, DAVID SCOTT, for his work and ing to common cause, to fix a process Association of Insurance and Financial also his staff, Michael Andel and that helps our citizens across the coun- Advisers, the NAIFA; the National As- Tammy McAthey, and my legislative sociation of Mutual Insurance Compa- try. I am very pleased to see this mean- director, Lauren O’Brien, who have nies, the NAMIC; the Property Cas- ingful and targeted reform measure worked long and hard to bring this to ualty Insurers Association of America, make it to the floor today after over a pass. This has been a great piece of leg- PCI; and the Council of Insurance year of work. NARAB II goes straight islation. I urge support for the bill. Agents and Brokers, the CIAB; as well to the heart of the difficulties that in- Mr. Speaker, I yield back the balance as a number of individual insurance surance agents and brokers, and small of my time. companies. business owners who are their cus- 1900 As talks continue on this issue, we b tomers, face on a daily basis as they are very hopeful for the expansion of Mr. SCOTT of Georgia. Mr. Speaker, try to navigate this web of State li- our regulatory board to include PIA, in conclusion, I just want to again echo censing requirements. my sentiments, and appreciate the fine the National Association of Profes- The Gramm-Leach-Bliley Act would work that Mr. DAVIS has done on this. sional Insurance Agents. This has been have created the original NARAB sys- It’s been a pleasure working with him a very inclusive process, Mr. Speaker, tem in the event that the States did and the full committee and all of our working in a very much needed area to not satisfy the producer licensing re- staffs combined and working with the bring a greater degree of consumer form objectives outlined in the under- insurance industry itself and especially choice and benefits to the American lying bill. Ultimately, the States were our agents to make their work smooth- consumer of insurance products. perceived to have achieved a specified I am proud to have the opportunity level of licensing reciprocity, and er and to pass a bill that is very for- again to work along with my col- NARAB was never created. Thus, the ward-looking to improve consumer leagues on the Financial Services Com- problem remained. benefits on their end. mittee and Mr. DAVIS on this impor- Nearly 10 years since the passage of Mr. Speaker, I have no further re- tant legislation. And to close, I would Gramm-Leach-Bliley, we are still in quests for time, and I yield back the just simply urge all of my fellow Mem- need of progress on this issue. H.R. 5611 balance of my time. bers to support H.R. 5611. mandates the creation of NARAB. The The SPEAKER pro tempore. The Mr. Speaker, I reserve the balance of board’s purposes and function will be question is on the motion offered by my time. generally the same as the provisions of the gentleman from Georgia (Mr. Mr. DAVIS of Kentucky. Mr. Speak- Gramm-Leach-Bliley. In short, agents SCOTT) that the House suspend the er, I yield myself such time as I may and brokers licensed in good standing rules and pass the bill, H.R. 5611, as consume. in their home State and meeting amended. Mr. Speaker, I rise today in support NARAB-member criteria will be able to The question was taken; and (two- of H.R. 5611, the National Association join NARAB. Members will pay the ap- thirds being in the affirmative) the of Registered Agents and Brokers Re- propriate fees required by each State in rules were suspended and the bill, as form Act, or NARAB II. which they are licensed, and so this amended, was passed. First, I would like to commend my will not eliminate any revenue States A motion to reconsider was laid on friend, DAVID SCOTT. We come from two currently generate from licensing. the table. different parties, but a common back- NARAB would not have any Federal f ground in the business community, in regulatory authority, an important PERMISSION TO CONSIDER AS the small business community, under- point that my friend from Georgia standing the issues that business peo- ADOPTED MOTIONS TO SUSPEND highlighted during his remarks as well. THE RULES ple deal with on a daily basis, and This is not an expansion of the Federal crossing multiple regulatory frame- bureaucracy, it is a correction to allow Mrs. DAVIS of California. Mr. Speak- works dealing with multiple States. the private sector to continue to grow er, I ask unanimous consent that the My experience has led to my support business and create jobs. motions to suspend the rules relating and working to develop this bill and to I would like to think of NARAB as a to the following measures be consid- get it passed tonight and hopefully stamp of approval for an insurance ered as adopted in the form considered signed into law before the end of year. agent acknowledged and accepted na- by the House on Monday, September 15, It was based on my experience as a tionwide. 2008: small business owner, not as an agent, I appreciate the hard work, expertise House Resolution 1255, House Resolu- but as a business owner who had em- and advice from all of the insurance in- tion 1372, House Resolution 1425, House

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.126 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8369 Concurrent Resolution 410, H.R. 2352, (6) The Library of Congress and the Smith- ties described in subsection (a)(1), the Li- H.R. 2535, H.R. 3437, H.R. 5293, H.R. 5350, sonian Institution are appropriate reposi- brarian and the Secretary may— H.R. 5736, H.R. 6064, H.R. 6503, and H.R. tories to collect, preserve, and make avail- (1) procure temporary and intermittent 6855. able to the public a collection of these oral services under section 3109 of title 5, United histories. The Library and Smithsonian have States Code; The SPEAKER pro tempore. Is there expertise in the management of documenta- (2) accept and utilize the services of volun- objection to the request of the gentle- tion projects, and experience in the develop- teers and other uncompensated personnel woman from California? ment of cultural and educational programs and reimburse them for travel expenses, in- There was no objection. for the public. cluding per diem, as authorized under sec- The SPEAKER pro tempore. Without (b) PURPOSE.—It is the purpose of this Act tion 5703 of title 5, United States Code; and objection, respective motions to recon- to create a new federally sponsored, author- (3) make advances of money and payments sider are laid on the table and titles ized, and funded project that will coordinate in advance in accordance with section 3324 of are amended as applicable. at a national level the collection of video title 31, United States Code. and audio recordings of personal histories (d) TIMING.—As soon as practicable after There was no objection. and testimonials of individuals who partici- the enactment of this Act, the Librarian and f pated in the American Civil Rights move- the Secretary shall begin collecting video ment that will build upon and complement and audio recordings and other materials CIVIL RIGHTS HISTORY PROJECT previous and ongoing documentary work on under subsection (a)(1), and shall attempt to ACT OF 2008 this subject, and to assist and encourage collect the first such recordings from the oldest individuals involved. Mrs. DAVIS of California. Mr. Speak- local efforts to preserve the memories of such individuals so that Americans of all (e) DEFINITION.—In this Act, the term er, I move to suspend the rules and current and future generations may hear ‘‘Civil Rights movement’’ means the move- pass the bill (H.R. 998) to direct the Li- from them directly and better appreciate the ment to secure racial equality in the United brarian of Congress and the Secretary sacrifices they made. States for that, focusing of the Smithsonian Institution to carry SEC. 3. ESTABLISHMENT OF JOINT PROJECT AT on the period 1954 through 1968, challenged out a joint project at the Library of LIBRARY OF CONGRESS AND NA- the practice of racial segregation in the Na- Congress and the National Museum of TIONAL MUSEUM OF AFRICAN AMER- tion and achieved equal rights legislation for ICAN HISTORY AND CULTURE TO all American citizens. African American History and Culture COLLECT VIDEO AND AUDIO RE- SEC. 4. PRIVATE SUPPORT FOR CIVIL RIGHTS CORDINGS OF HISTORIES OF PAR- to collect video and audio recordings of HISTORY PROJECT. personal histories and testimonials of TICIPANTS IN AMERICAN CIVIL RIGHTS MOVEMENT. (a) ENCOURAGING SOLICITATION AND ACCEPT- individuals who participated in the ANCE OF DONATIONS.—The Librarian of Con- (a) ESTABLISHMENT OF PROJECT.— Civil Rights movement, and for other gress and the Secretary are encouraged to (1) IN GENERAL.—Within the limits of avail- purposes, as amended. able funds, the Librarian of Congress (here- solicit and accept donations of funds and in- The Clerk read the title of the bill. after referred to as the ‘‘Librarian’’) and the kind contributions to support activities The text of the bill is as follows: Secretary of the Smithsonian Institution under section 3. (b) DEDICATION OF FUNDS PROVIDED TO LI- H.R. 998 (hereafter referred to as the ‘‘Secretary’’), acting jointly, shall establish an oral history BRARY OF CONGRESS.—Notwithstanding any Be it enacted by the Senate and House of Rep- project— other provision of law— resentatives of the United States of America in (A) to survey, during the initial phase of (1) any funds donated to the Librarian of Congress assembled, the project, collections of audio and video re- Congress to support the activities of the Li- SECTION 1. SHORT TITLE. cordings of the reminiscences of participants brarian under section 3 shall be deposited en- This Act may be cited as the ‘‘Civil Rights in the Civil Rights movement that are tirely into an account established for such History Project Act of ø2007¿ 2008’’. housed in archives, libraries, museums, and purpose; SEC. 2. FINDINGS; PURPOSE. other educational institutions, as well as on- (2) the funds contained in such account shall be used solely to support such activi- (a) FINDINGS.—Congress finds as follows: going documentary work, in order to aug- (1) A fundamental principle of American ment and complement these endeavors and ties; and democracy is that individuals should stand avoid duplication of effort; (3) the Librarian of Congress may not de- up for their rights and beliefs and fight for (B) to solicit, reproduce, and collect— posit into such account any funds donated to justice. (i) video and audio recordings of personal the Librarian which are not donated for the (2) The actions of those who participated in histories and testimonials of individuals who exclusive purpose of supporting such activi- the Civil Rights movement from the 1950’s participated in the Civil Rights movement, ties. through the 1960’s are a shining example of and SEC. 5. AUTHORIZATION OF APPROPRIATIONS. this principle in action, demonstrated in (ii) visual and written materials (such as There are authorized to be appropriated to events as varied as the Montgomery Bus letters, diaries, photographs, and ephemera) carry out this Act— Boycott, the sit-ins, the Freedom Rides, the relevant to the personal histories of individ- (1) $500,000 for fiscal year ø2008¿ 2009; and March on Washington, the drive for voting uals; (2) such sums as may be necessary for each rights in Mississippi, and the March to (C) to create a collection of the recordings of the fiscal years ø2009 through 2012¿ 2010 Selma. and other materials obtained, and to catalog through 2013. (3) While the Civil Rights movement had and index the collection in a manner the Li- The SPEAKER pro tempore. Pursu- many visible leaders, including Thurgood brarian and the Secretary consider appro- ant to the rule, the gentlewoman from Marshall, Dr. Martin Luther King, Jr., and priate; and California (Mrs. DAVIS) and the gen- Rosa Parks, there were many others whose (D) to make the collection available for tleman from California (Mr. MCCAR- impact and experience were just as impor- public use through the Library of Congress tant to the cause but who are not as well and the National Museum of African Amer- THY) each will control 20 minutes. known. ican History and Culture, as well as through The Chair recognizes the gentle- (4) The participants in the Civil Rights such other methods as the Librarian and the woman from California. movement possess an invaluable resource in Secretary consider appropriate. GENERAL LEAVE their first-hand memories of the movement, (2) ROLE OF DIRECTOR OF MUSEUM.—The Mrs. DAVIS of California. Mr. Speak- and the recording of the retelling of their Secretary shall carry out the Secretary’s du- er, I ask that all Members have 5 legis- stories and memories will provide a rich, de- ties under this Act through the Director of lative days in which to revise and ex- tailed history of our Nation during an impor- the National Museum of African American tend their remarks in the RECORD on tant and tumultuous period. History and Culture. (5) It is in the Nation’s interest to under- (b) USE OF AND CONSULTATION WITH OTHER this bill. take a project to collect oral histories of in- ENTITIES.—The Librarian and the Secretary The SPEAKER pro tempore. Is there dividuals from the Civil Rights movement so may carry out the activities described in objection to the request of the gentle- future generations will be able to learn of subsection (a)(1) through agreements and woman from California? their struggle and sacrifice through primary- partnerships entered into with other govern- There was no objection. source, eyewitness material. A coordinated ment and private entities, and may other- Mrs. DAVIS of California. I yield my- Federal project would also focus attention wise consult with interested persons (within self such time as I may consume. on the efforts undertaken by various public the limits of available resources) and develop Mr. Speaker, I rise today in support and private entities to collect and interpret appropriate guidelines and arrangements for of H.R. 998, which would create the articles in all formats relating to the Civil soliciting, acquiring, and making available Rights movement, and serve as a model for recordings under the project under this Act. Civil Rights History Project. The bill future projects undertaken in museums, li- (c) SERVICES OF EXPERTS AND CONSULT- directs the Library of Congress and the braries, and universities throughout the Na- ANTS; ACCEPTANCE OF VOLUNTEER SERVICES; Smithsonian Institution, through the tion. ADVANCE PAYMENTS.—In carrying out activi- National Museum of African American

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.129 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8370 CONGRESSIONAL RECORD — HOUSE September 17, 2008 History and Culture, to collaborate and spiration to all Americans as they re- While we know so much about the establish an oral history project. This flect upon this pivotal time in our Na- lives of the leaders of the civil rights joint venture will result in the collec- tion’s history. movement, such as Dr. Martin Luther tion and preservation of audio and I yield back the balance of my time. King; our colleague, Congressman JOHN video recordings by individuals who Mrs. DAVIS of California. Mr. Speak- LEWIS; and Thurgood Marshall, it’s im- participated in the Civil Rights Move- er, I am pleased to yield such time as portant that we learn about the every- ment. she may consume to Representative day people of all races who took a A fundamental precept of our Amer- MCCARTHY of New York. stand during a pivotal time in our Na- ican democracy is that individuals Mrs. MCCARTHY of New York. I tion’s history. stand up for their rights and beliefs thank my colleague from California. There were so many people who were Mr. Speaker, I rise today in support and pursue justice through civil means. crucial to the civil rights movement of H.R. 998, the Civil Rights Oral His- Many who participated in the Civil but have not had as much recorded tory Project. I want to thank Chair- Rights Movement did so at great per- about their experiences for the public man BRADY and Ranking Member sonal sacrifice. Their actions were record. These were the people, in many often heroic and tireless, and chal- EHLERS and the Committee on House Administration for moving to the floor cases, that were part of some of the lenged the practice of racial segrega- most significant battles in the fight for tion in the Nation, which resulted in on this bill. I also want to thank my lead cospon- equality. The workers in Memphis that equal rights legislation for all Amer- sor of the bill, Congressman JOHN went on strike and marched in protest ican citizens. LEWIS of Georgia, himself a civil rights with Dr. King, the students that held As these pioneers continue to age, it hero, for all of his help in developing sit-ins at lunch counters in the South, is important that their memories and and generating support for this bill. the thousands of people that marched stories of events are documented so Mr. LEWIS was at the forefront of the on Washington and witnessed the ‘‘I that future generations can witness battle to end segregation, and his con- Have a Dream Speech,’’ and the mil- their testimony regarding the lives and tribution to ensuring equality in our lions of Americans that stood up and times of that era. country cannot be overstated. I know I worked in their own ways to make our Mr. Speaker, I reserve the balance of speak for all of my colleagues when I country a better place for all people. my time. say that we are honored to serve with These people are heroes of the civil Mr. MCCARTHY of California. Mr. him, and grateful for all he has done rights movement, and we need to make Speaker, I rise today in support of H.R. and continues to do for all Americans sure that their stories are woven into 998, which would direct the Library of as a steward of justice and equal the fabric of the American story. Congress and the Smithsonian Institu- rights. That’s why I have introduced the tion to collect and preserve audio and We are fortunate to serve in Congress Civil Rights Oral History bill. The pur- video recordings from individuals who with several other influential civil pose of the Civil Rights Oral History were involved in the civil rights move- rights leaders, and I would like to ex- bill is to catalogue and preserve the ment. tend a heartfelt thank you for their stories and experiences of the people In 1954 the Supreme Court landmark sacrifices and commitment to the who were involved in the civil rights decision, Brown v. Board of Education, cause of freedom. movement. served as a beacon of hope to those who The fight for civil rights was one of This legislation stresses the impor- had longed for racial equality in this the most significant social and cultural Nation, and is largely credited with be- tance of capturing the memories and movements in our Nation’s history. the deeds of the civil rights generation ginning the period commonly referred The will of a generation to right cen- to as the civil rights movement. Rath- and will give us a unique insight into turies of injustice changed the world the experiences of the people that we er than viewing the case which pro- we live in forever. vided for the desegregation of public rely on in the front lines of the civil The leaders of the civil rights move- rights movement. schools in the United States as the end ment displayed tremendous courage This bill will create a joint effort be- of a journey, supporters of the civil and persistence to ensure that all tween the future National Museum of rights movement recognized the Americans were treated equally, with Court’s decision as the beginning of a dignity, regardless of their ethnic African American History and Culture long and difficult road ahead. background, race or origins. Many and the Library of Congress to collect The years that followed brought leaders from all walks of life put their oral histories of the people that were many hard battles, from the Mont- lives on the line to make it possible for involved in the civil rights movement gomery Bus Boycott that was a result all people to live freely and have the and preserve their stories for future of Rosa Parks’ brave refusal to give up same fundamental rights. generations. I urge my colleagues to her seat to a white passenger, to the We can never overstate the contribu- support this bill and to take the time march in Selma, Alabama, during tions of our Nation’s civil rights lead- to acknowledge the contributions of which our own colleague, Congressman ers. Without their efforts, many of the these great Americans who fought to LEWIS, suffered severe physical trauma things we take for granted every day make our Nation a more fair and just in defense of voting rights. Congress- would not have come to pass. It is vital place. man LEWIS’ recollections of this time that future generations know and un- Mr. Speaker, we have been going for have often brought those who have derstand the struggles and the chal- a number of years working with our heard him speak to tears. It is exactly lenges of those that paved the way for veterans across this Nation to get the those types of oral histories that are in us to live in this Nation free. history from them, an oral history, danger of being lost in the absence of a These brave Americans’ stories must that has been going to the Library of concerted effort to preserve them. We continue to be told to not only inspire Congress. That’s where this idea came cannot afford to lose those accounts of future generations, but to remind peo- from. extraordinary courage in the face of ple what is possible in America and When you think that we are really a profound injustice. how far we have come. Unfortunately, very young country, and hopefully, With the passage of time, generations with each passing year, our Nation we’re going to be around for centuries of Americans have now been born with loses more and more of the people that to come, and I think it’s important freedoms that would not have been pos- played major roles in the struggles to that future generations actually know sible without the struggle and sacrifice secure equal rights for all Americans. how we became a great country, but of those who participated in the civil In recent years we have lost great lead- also the struggles that many Ameri- rights movement. The audio and video ers like Mrs. Coretta Scott King and cans went through. This bill will help recordings preserved as a result of this Mrs. Rosa Parks. Thankfully, their sto- preserve that. bill’s passage will be an invaluable re- ries have been well documented in the I hope my colleagues will support source from which those young people historical record, but there are many this bill. This is for the future of Amer- who may learn about the struggle for others who have already passed or ica; it’s for the future of the genera- racial equality and will serve as an in- whose memories are fading. tions to see the history.

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.130 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8371 Mrs. DAVIS of California. Mr. Speak- future generations to learn from our cause of civil rights and civil liberties, and in er, I am pleased to yield to Mr. HIN- notable American heroes. the cause of voting rights. CHEY of New York as much time as he Mrs. DAVIS of California. Mr. Speak- These stories will be collected and pre- may consume. er, It is now my pleasure to yield 2 served by the National Museum of African Mr. HINCHEY. Mr. Speaker, I am minutes to Mr. COHEN of Tennessee. American History and Culture and the Library very proud to stand here this evening Mr. COHEN. Mr. Speaker, I want to of Congress. Future generations will be able with my friends and colleagues and thank Congressman DAVIS and particu- to hear the voices of people who were there particularly with my friend and col- larly Congresswoman MCCARTHY for during the civil rights movement, and hear league, Congresswoman CAROLYN bringing H.R. 998. them tell their stories in their own words. MCCARTHY, to voice my support for I do represent Memphis, Tennessee, We have lost too many of those voices in H.R. 998, a bill which she has produced and much of the civil rights history of the last few years—Mrs. Coretta Scott King and which will enrich the lives of fu- Memphis, for better and for worse pur- and Mrs. Rosa Parks, and we will continue to ture generations. This bill will collect poses, have occurred in my district. It lose more courageous Civil Rights pioneers. oral history records from those whose is important that the history of that We must begin this wonderful Oral History struggles made them among America’s struggle be maintained to teach people Project today, before we lose parts of the most notable heroes, the leaders of the about the courageous struggle, the story. I strongly support this bill and I urge my civil rights generation. leadership that many, many people had colleagues to do the same. The civil rights movement has to embark on to achieve their rights Mr. DAVIS of California. I yield back strengthened our social fabric by ex- that should have been part of 18th cen- the balance of my time. tending basic rights to all of America’s tury America, but the 18th century The SPEAKER pro tempore. The people through the right to employ- America was not complete, and all men question is on the motion offered by ment, the right to buy or rent a home, were not created equal. Certainly the gentlewoman from California (Mrs. the right to education, rights that are women weren’t created equal either, DAVIS) that the House suspend the the most basic and fundamental in our and people had to fight and risk their rules and pass the bill, H.R. 998, as country. lives to attain rights for people who amended. It is imperative that we collect oral today are beneficiaries thereof. The question was taken; and (two- history in order to preserve the rich In my community, many of these he- thirds being in the affirmative) the cultural heritage of our Nation. Pre- roes of the civil rights movement have rules were suspended and the bill, as serving oral history gives those in the been dying lately. They’re getting old. amended, was passed. future a firsthand account of the strug- This bill I wish would have come ear- A motion to reconsider was laid on gle that Americans went through to lier, but I really thank Representative the table. change the laws and the lives of our MCCARTHY for bringing it. It’s a start. f people and our government. These And there are people like the great great Americans stood up to violence, Reverend Benjamin Hooks, who’s get- EXPRESSING SENSE OF CONGRESS they stood up to death threats, they ting up in his years but who’s got many THAT THE DEPARTMENT OF DE- stood up to local, State and govern- stories to tell, and Russell Sugarman. FENSE AND FEDERAL VOTING ment oppression and opposition, and We lost Mr. Ernest Withers, a great ASSISTANCE PROGRAM SHOULD they risked their own economic well- photographer of the civil rights move- ENSURE THAT MEMBERS OF THE being so that our great Nation could ment, this past year. ARMED FORCES AND THEIR DE- fulfill its promise to all of its people. Time goes by for all of us, and the op- PENDENTS ARE PROVIDED WITH We must preserve that history that ex- portunities to collect history become INFORMATION ON VOTING IN plains the hardship and sacrifice that more difficult as each day passes. THE 2008 GENERAL ELECTIONS many African Americans and others So I’m proud to speak on behalf of this, but mostly as a Congressperson Mrs. DAVIS of California. Mr. Speak- went through to get equal treatment er, I move to suspend the rules and under the law. from the Ninth District in Tennessee, I want to express my appreciation to agree to the concurrent resolution (H. This history can be most richly deliv- Con. Res. 388) expressing the sense of Representative MCCARTHY for having ered by the people who led the move- Congress that the Department of De- ment themselves, those who fought so the leadership to bring this and for ini- tiating this process. fense and the Federal Voting Assist- valiantly, and who can give their ac- ance Program should take certain addi- count firsthand. This bill will preserve Mrs. DAVIS of California. Mr. Speak- er, I’m very pleased that Congress- tional and timely measures to ensure an important part of our heritage that members of the Armed Forces and through the process of collecting this woman MCCARTHY has brought this leg- islation forward. As someone who’s had their dependents are provided with rea- oral history and making it available. sonable information on how to register Firsthand accounts, which include the an opportunity to travel on the pil- grimages of the civil rights movement to vote and vote in the 2008 general honesty, emotion and accuracy are elections, as amended. with our own , Congress- needed as an important part of our his- The Clerk read the title of the con- torical record. man JOHN LEWIS, I know how impor- tant it is for us to act now and to cap- current resolution. b 1915 ture the words and the actions and the The text of the concurrent resolution Collecting these first person accounts memories of those who played such an is as follows: from the civil rights movement will important and historical role in this H. CON. RES. 388 also give generations, those in the fu- country. Whereas members of the Armed Forces and ture, inspiration and motivation to up- I urge all Members to support this their dependents deserve every reasonable hold and strengthen America’s promise bill. opportunity to participate in the electoral for equal opportunity and to be sure Mr. LEWIS of Georgia. Mr. Speaker, I rise process given their daily sacrifices to protect our liberty and freedom; that that promise is fulfilled. today in strong support of the Civil Rights Oral Whereas Congress enacted the Uniformed It is my hope that our future genera- History Project. I want to thank Congress- and Overseas Citizens Absentee Voting Act tions will always be able to access oral woman MCCARTHY for her leadership on this in part to ensure that members of the Armed histories and will blaze new trails that issue and for bringing this bill to the floor Forces and their dependents and citizens liv- promote equality and richness in diver- today. ing overseas are provided with sufficient in- sity. Oral history is such an important way to formation, opportunities, and balloting ma- Again, I’d like to thank all of my capture and share our nation’s story. terials to foster their participation in Fed- friends who were involved with this These are stories that need to be told, and eral elections; bill, especially my colleague and Whereas the Election Assistance Commis- preserved. These are the stories of the civil sion found that less than 17 percent of the 6 friend, CAROLYN MCCARTHY, for includ- rights movement; eye witness accounts of the million citizens eligible under the Uniformed ing me to celebrate the culture that struggle for civil rights. and Overseas Citizens Absentee Voting Act makes America the great Nation that These are recollections of real people who chose to participate in the 2006 general elec- it is by taking further steps to allow marched, and even spilled a little blood in the tion;

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.132 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8372 CONGRESSIONAL RECORD — HOUSE September 17, 2008 Whereas the Election Assistance Commis- (3) State and local election officials should copies of the Federal Post Card Appli- sion further found that of the 48,600 Uni- work with the Federal Voting Assistance cation are provided. formed and Overseas Citizens Absentee Vot- Program to develop methods, consistent According to a 2006 U.S. Election As- ing Act ballots that were not counted by with privacy and security, for obtaining up- sistance Commission Report, 70 percent States and local jurisdictions in the Novem- dated addresses and contact information, if ber 2006 elections, 70 percent were not count- possible, for any member of the Armed of uncounted military and overseas ed due to incorrect or undeliverable address- Forces or dependent and any citizen living ballots were due to incorrect or un- es; overseas who has been identified by the deliverable addresses. House Concur- Whereas the Election Assistance Commis- State or local election official as having an rent Resolution 388 would also direct sion further found that more than 10 percent undeliverable ballot address; election offices to work with the Fed- of all uncounted military and overseas ab- (4) the Under Secretary of Defense for Per- eral Voting Assistance Program to up- sentee ballots were rejected because they sonnel and Readiness should report to the date contact information as well as ex- were received past the required deadline; Committee on House Administration of the pand outreach efforts to military and Whereas the Election Assistance Commis- House of Representatives, the Committee on sion further found that more effort needs to Rules and Administration of the Senate, and overseas voters. be made by the States and the Department the Committees on Armed Services of the I applaud Mr. HOYER and Mr. BLUNT of Defense to ensure that members of the House of Representatives and Senate not for their leadership in drafting this bi- Armed Forces and their dependents and citi- later than October 15, 2008, on the efforts partisan resolution. House Concurrent zens living overseas are made fully aware of made by the Department of Defense to— Resolution 388 reinforces the govern- their voting rights; (A) educate members of the Armed Forces ment’s commitment to assisting our Whereas the Under Secretary of Defense and citizens living overseas on the process of military and overseas voters. I urge all for Personnel and Readiness and the Federal voter registration and absentee voting in the Voting Assistance Program are required to Members to support this legislation. 2008 general election, I reserve the balance of my time. create and utilize a Federal Post Card Appli- (B) provide all eligible members of the Mr. MCCARTHY of California. Mr. cation that allows members of the Armed Armed Forces and their dependents and citi- Forces and their dependents and citizens liv- zens living overseas with the Federal Post Speaker, I rise today in support of H. ing overseas to use a single application to Card Application to register to vote and cast Con. Res. 388, which would express the register to vote and request an absentee bal- absentee ballots in such election, and sense of Congress that the Department lot; (C) cooperate effectively with State and of Defense and the Federal Voting As- Whereas a survey conducted recently by local election officials in their efforts to reg- sistance Program should take addi- the Inspector General for the Department of ister these individuals and distribute and tional measures to ensure that mem- Defense analyzed the effectiveness of the collect their absentee ballots; Federal Voting Assistance Program during bers of the Armed Forces and their de- (5) States must redouble their efforts to pendents are provided with reasonable the 2006 general election, and found that make sure that local jurisdictions collect only 40 percent of members of the Armed the mandated information for individuals information on voting in the 2008 gen- Forces received voting information from the who are eligible under the Uniformed and eral elections. This bill will also extend military and only 33 percent were aware of Overseas Citizens Absentee Voting Act, and information to civilians living abroad the Federal Post Card Application; should work in partnership with the Federal for the same purpose. Whereas in April 2008 testimony before the Government to develop best practices (in- Committee on House Administration re- Mr. Speaker, recent data compiled by cluding the use of electronic means) for en- vealed that the Department of Defense had the Election Assistance Commission couraging voting participation among mem- not provided all members of the Armed found that less than 17 percent of the 6 bers of the Armed Forces and their depend- Forces and their dependents with post card million citizens eligible under the Uni- ents and citizens living overseas; and applications by the January 15, 2008, deadline (6) the Department of Defense, the Federal formed and Overseas Citizens Absentee as required by Department policy, and that Voting Act chose to participate in the the Department has yet to comply with this Voting Assistance Program, the Election As- sistance Commission, and State governments 2006 general election. Of the 48,600 Uni- requirement; and formed and Overseas Citizens Absentee Whereas many of Department of Defense’s should examine recommendations made by outreach efforts, including its Armed Forces the Election Assistance Commission in its Voting Act ballots that were not Voter Week, are scheduled to occur 60 days September 2007 survey findings regarding the counted by States and local jurisdic- before the November 2008 election, which Uniformed and Overseas Citizens Absentee tions in the November 2006 elections, 70 may not provide members of the Armed Voting Act. percent were not counted due to incor- Forces and their dependents or citizens liv- The SPEAKER pro tempore. Pursu- rect or undeliverable addresses. It is ing overseas with sufficient time to complete ant to the rule, the gentlewoman from simply unacceptable that thousands of and return the Federal Post Card Applica- California (Mrs. DAVIS) and the gen- the brave men and women who fight for tions: Now, therefore, be it tleman from California (Mr. MCCAR- Resolved by the House of Representatives (the our freedom each day were denied a THY) each will control 20 minutes. voice in the electoral process due to in- Senate concurring), That it is the sense of The Chair recognizes the gentle- Congress that— correctly filling out a ballot. (1) it is in the interests of the United woman from California. In September 2007, the EAC also States to ensure that the Secretary of De- GENERAL LEAVE found that ‘‘the third largest reason for fense and the Federal Voting Assistance Pro- Mrs. DAVIS of California. Mr. Speak- rejected ballots was that they were re- gram provide members of the Armed Forces er, I ask unanimous consent that all ceived by election offices after the and their dependents and citizens living Members have 5 legislative days to re- deadline stipulated by State law.’’ overseas who are eligible under the Uni- vise and extend their remarks in the formed and Overseas Citizens Absentee Vot- I have introduced H.R. 5673, the MVP ing Act with sufficient information regard- RECORD. Act, to ensure that military personnel ing opportunities to register to vote and to The SPEAKER pro tempore. Is there are not left out of the elections process request an absentee ballot for elections oc- objection to the request of the gentle- while serving their country overseas. curring in 2008, including the November 2008 woman from California? Although my bill has been endorsed by general election; There was no objection. the Vets for Freedom, and the Veterans (2) the Secretary of Defense and the Fed- Mrs. DAVIS of California. I yield my- of Foreign Wars called it ‘‘an impor- eral Voting Assistance Program must, on a self such time as I may consume. tant piece of legislation ensuring that monthly basis starting September 22, 2008, I stand with the House leadership in and continuing on the first of each month the men and women who wear our Na- through the November 2008 general election, full support of House Concurrent Reso- tion’s uniform are not left out of the provide all eligible members of the Armed lution 388. This resolution insists that election process while serving in Forces and their dependents with an elec- the government strengthen its promise harm’s way,’’ the MVP Act has not yet tronic reminder of the voter registration and under the Uniformed and Overseas Citi- been brought before the House for con- absentee ballot process available under the zens Absentee Voting Act to assist our sideration. However, I am hopeful that Uniformed and Overseas Citizens Absentee military and overseas citizens to vote. this resolution will create awareness of Voting Act, and, as required by Department House Concurrent Resolution 388 this issue and lead to more comprehen- policy, provide all members of the Armed would direct the Federal Voting Assist- Forces and their dependents with an elec- sive reform that will provide a solution tronic or paper copy of the Federal Post Card ance Program to provide military per- to this problem. Application, along with sufficient instruc- sonnel and their dependents with elec- In addition to meeting ballot dead- tion on completing and returning the appli- tronic reminders about the election lines and correctly completing absen- cation to the appropriate election official; process and ensure paper and electronic tee ballots, there is also an issue with

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.089 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8373 military personnel receiving informa- SEC. 2. FINDINGS. facilities of the Department of Veterans Af- tion from the Federal Voting Assist- Congress makes the following findings: fairs to State and local election officials for ance Program. A survey conducted re- (1) Veterans serving in foreign wars have the purpose of providing nonpartisan voter cently by the Inspector General for the performed a great service to, and risked the registration services to individuals. (c) COORDINATION TO MINIMIZE DISRUPTION Department of Defense analyzed the ef- greatest sacrifice in the name of, our coun- try, and should be supported by the people OF REGULAR ACTIVITIES.—Any election offi- fectiveness of the Federal Voting As- and the Government of the United States. cial providing nonpartisan voting informa- sistance Program during the 2006 gen- (2) Veterans are especially qualified to un- tion or nonpartisan voter registration serv- eral election and found that only 40 derstand issues of war, foreign policy, and ices under this section at a facility of the percent of members of the Armed government support for veterans, and they Department of Veterans Affairs shall coordi- Forces received voting information should have the opportunity to voice that nate the provision of the information or from the military and only 33 percent understanding through voting. services with the Secretary to ensure that were aware of the Federal Post Card (3) The Department of Veterans Affairs the information or services are provided in a should assist veterans in meeting their med- manner which minimizes the disruption of Application. the regular activities of the facility. We must ensure that the Federal ical, social, and civic needs, including the SEC. 7. ANNUAL REPORT ON COMPLIANCE. Voting Assistance Program improves full participation of veterans in our democ- racy. The Secretary of Veterans Affairs shall their communication efforts and pro- (4) The Department of Veterans Affairs submit to Congress an annual report on how motes the Federal Post Card Applica- should make every effort to assist veterans the Secretary has complied with the require- tion and the Federal Write-in Absentee to register to vote and to vote. ments of this Act. Ballot so that our service men and SEC. 3. USE OF DEPARTMENT OF VETERANS AF- The SPEAKER pro tempore. Pursu- women are aware of the resources FAIRS FACILITIES AS VOTER REG- ant to the rule, the gentlewoman from available to them during an election. ISTRATION AGENCIES. California (Mrs. DAVIS) and the gen- This year, perhaps more than any The Secretary of Veterans Affairs shall tleman from California (Mr. MCCAR- permit a State to designate facilities of the other year in recent memory, our Na- THY) each will control 20 minutes. tion’s electorate is excited to cast their Department of Veterans Affairs located in The Chair recognizes the gentle- ballots for the candidates of their such State as voter registration agencies under section 7 of the National Voter Reg- woman from California. choosing. For those serving their coun- istration Act of 1993 (42 U.S.C. 1973gg–5) sole- GENERAL LEAVE try overseas, and for civilians living ly for the purposes of providing voter reg- Mrs. DAVIS of California. Mr. Speak- abroad, we must do everything in our istration services under such section to indi- er I ask unanimous consent that all power to ensure that they have the in- viduals receiving services or assistance from Members may have 5 legislative days formation necessary to do so. the facility (or applying to receive services to revise and extend their remarks in Mr. Speaker, I yield back the balance or assistance from the facility). the RECORD. of my time. SEC. 4. ASSISTANCE WITH ABSENTEE BALLOTS. The SPEAKER pro tempore. Is there Mrs. DAVIS of California. Mr. Speak- In addition to the services required to be objection to the request of the gentle- er, I have no further speakers, and I provided under section 7 of the National woman from California? yield back the balance of my time. Voter Registration Act of 1993 (42 U.S.C. There was no objection. The SPEAKER pro tempore. The 1973gg–5), any facility of the Department of Mrs. DAVIS of California. Mr. Speak- Veterans Affairs which is designated as a question is on the motion offered by er, I yield myself as much time as I the gentlewoman from California (Mrs. voter registration agency under section 3 shall, with respect to the individuals for may consume. DAVIS) that the House suspend the whom the facility is required to provide such H.R. 6625 will make certain that the rules and agree to the concurrent reso- services— Secretary of Veterans Affairs provides lution, H. Con. Res. 388, as amended. (1) provide information relating to the op- the voting assistance and opportunities The question was taken; and (two- portunity to request an absentee ballot; that our veterans deserve. thirds being in the affirmative) the (2) make available absentee ballot applica- H.R. 6625 responds to a Department of rules were suspended and the concur- tions and, upon request, assistance in com- Veterans Affairs voting assistance pol- rent resolution, as amended, was pleting such applications and absentee bal- icy established in May, which was mis- agreed to. lots, except that nothing in this paragraph guided and unacceptable. The VA direc- The title was amended so as to read: may be construed to waive any requirement tive permitted voting assistance only if under State or local law regarding an indi- ‘‘Concurrent resolution expressing the requested. It prohibited election offi- sense of Congress that the Department vidual’s eligibility to receive an absentee ballot or vote by absentee ballot in any elec- cials and nonpartisan organizations of Defense and the Federal Voting As- tion; and from providing assistance to our vet- sistance Program should take certain (3) work with local election officials to en- erans at VA facilities. Despite the pol- additional and timely measures to en- sure the proper delivery of absentee ballot icy changes made by the Secretary of sure that members of the Armed applications and absentee ballots. Veterans Affairs last week, the policy Forces and their dependents and citi- SEC. 5. INFORMATION PROVIDED BY NON- still doesn’t offer the meaningful voter zens living overseas are provided with PARTISAN ORGANIZATIONS. registration and voting assistance our reasonable information on how to reg- The Secretary of Veterans Affairs shall veterans deserve. ister to vote and vote in the 2008 gen- permit a meaningful opportunity, including H.R. 6625 will require the VA to assist reasonable time, place, and manner restric- eral elections.’’. our veterans by permitting States to A motion to reconsider was laid on tions, for nonpartisan organizations to pro- vide voter registration information and as- designate VA facilities as voter reg- the table. sistance at facilities of the Department of istration agencies under section 7 of f Veterans Affairs. the National Voter Registration Act. VETERAN VOTING SUPPORT ACT SEC. 6. ASSISTANCE PROVIDED BY ELECTION OF- In addition, the bill would prohibit the FICIALS AT DEPARTMENT OF VET- VA from banning State and local elec- Mrs. DAVIS of California. Mr. Speak- ERANS AFFAIRS FACILITIES. tion officials and nonpartisan groups er, I move to suspend the rules and (a) DISTRIBUTION OF INFORMATION.— from distributing nonpartisan informa- pass the bill (H.R. 6625) to require the (1) IN GENERAL.—The Secretary of Veterans tion about voting and providing voter Secretary of Veterans Affairs to permit Affairs shall not prohibit any election ad- assistance at VA facilities. facilities of the Department of Vet- ministration official, whether State or local, party-affiliated or non-party affiliated, or Voter registration drives conducted erans Affairs to be designated as voter by these election experts have ener- registration agencies, and for other elected or appointed, from providing voting information to veterans at any facility of gized millions of voters who histori- purposes, as amended. the Department of Veterans Affairs. cally have not participated in elec- The Clerk read the title of the bill. (2) VOTING INFORMATION.—In this sub- The text of the bill is as follows: tions. H.R. 6625 requires that non- section, the term ‘‘voting information’’ partisan groups with the expertise and H.R. 6625 means nonpartisan information intended for experience be allowed to assist vet- Be it enacted by the Senate and House of Rep- the public about voting, including informa- resentatives of the United States of America in tion about voter registration, voting sys- erans with the voting process with Congress assembled, tems, absentee balloting, polling locations, minimal disruption to facility oper- SECTION 1. SHORT TITLE. and other important resources for voters. ations. This Act may be cited as the ‘‘Veteran (b) VOTER REGISTRATION SERVICES.—The My district in San Diego is home to Voting Support Act’’. Secretary shall provide reasonable access to a large concentration of veterans. I

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.135 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8374 CONGRESSIONAL RECORD — HOUSE September 17, 2008 know that the future of our country I reserve the balance of my time. I reserve the balance of my time. matters so much to them, and they Mr. MCCARTHY of California. Mr. Mrs. DAVIS of California. Mr. Speak- want to be involved. Certainly, the vet- Speaker, I rise today in support of H.R. er, I am pleased to yield 4 minutes to erans who have fought and suffered to 6625 which would permit facilities of Representative WATSON of California. protect our democracy should be given the Department of Veterans Affairs to Ms. WATSON. Mr. Speaker, I rise every opportunity to vote. be designated as voter registration today in support of H.R. 6625, the Vet- Much has been said about the impor- agencies. eran Voting Support Act. tance of this bill for voter registration, As I have stated in the past, it is im- In May of 2008, the Department of but I’d like to draw your attention to portant that we ensure that every vote Veterans Affairs passed Directive 2008– section 4 because it may be the most is counted and that every citizen is 25 that prohibited third party non- important part. able to cast a ballot. As a part of that partisan voting rights groups from Section 4 provides veterans with as- effort, I’m pleased to join in support of holding voter registration drives on VA sistance in voting by absentee ballot, this bill which would designate veteran grounds. Outraged by this stance that also called voting by mail. It requires facilities as voter registration agen- the VA had taken, I, along with 54 of that absentee request forms be avail- cies. Doing so will allow those who my colleagues, including Chairman able in VA facilities and ensures that have risked their lives for our freedom BRADY and Chairman FILNER, sent two veterans can get help completing their an opportunity to register to vote and letters to VA Secretary James Peake absentee materials and returning them make their voices heard. requesting he overturn the policy. to the elections office. I am also pleased that Chairman As we returned from the August re- Why is this so important? Not only BRADY addressed our chief concern cess, on September 9, 2008, the VA does voting by mail save voters what with the original version of the bill, passed a new policy directive, 2008–53. can be a difficult trip to the polls, but that the desire to facilitate the voting The new directive now allows State it allows them more time to study process for patients does not supersede and local election officials and non- their choices. For veterans, having patient care due to intrusion by third partisan groups to give veterans access time to vote without the pressure of a party groups in VA facilities. This to their fundamental right to vote. We line of people behind them is especially bill’s original language stated that applaud the VA for overturning its pre- helpful because many are voting in new nonpartisan groups would have ‘‘rea- vious directive, and I believe it is a jurisdictions where candidates and sonable access’’ to veterans in order to step in the right direction. But the new issues may not be familiar to them. encourage voter registration. The word policy still falls short of providing vet- Further, some of their illnesses or inju- ‘‘reasonable’’ means different things to erans complete access to voting in VA ries mean they need additional time to different people, and we would hate to facilities. So H.R. 6625 will fix that mark their choices. see a veteran who wishes to convalesce problem. Unfortunately, voting absentee is not in a private setting be intruded upon The Veteran Voting Support Act as straightforward a process as it by activists from a voter registration would designate VA facilities as voter should be in many places. State rules group, however well intended they may registration agencies under section 7 of vary widely about who can vote absen- be. Also, some patients may choose not the National Voter Registration Act of tee and how. Some States have forms to cast a ballot, and they should not 1993 which requires public assistance with plenty of fine print, others require feel pressured to do so. organizations provide voter registra- a formal letter just to request an ab- Language was added to this bill that tion opportunities by offering informa- sentee ballot, and some States even in- stipulates that third party groups must tion related to requesting an absentee sist on doctors’ notes or notary signa- work with the administrator of each ballot, making absentee ballot applica- tures. And of course, different States VA facility to ensure their efforts will tions available, and require the VA to have a range of deadlines that must be not infringe upon a patient’s right to work with elected officials to ensure met. the delivery of absentee applications To make sure that votes count, some privacy and that their practices would and absentee ballots. veterans could really use assistance not in any way disturb patients’ recov- Currently, our Nation is fighting navigating this overly complex process. ery. Implementing this provision will re- wars in Iraq and Afghanistan, and as a I am pleased that our committee quire a commitment of time and per- consequence, our veterans are return- passed my legislation to lift some of sonnel from the Veterans Administra- ing home with catastrophic injuries the restrictions on voting by mail, and tion. It is my sincere hope that in act- that require them to reside in a VA fa- it is my sincere hope that we will make ing as a liaison between their patients cility for extended periods of time to voting absentee more doable for every- and outside groups, the VA will not si- receive treatment for their wounds. one. In the meantime, the least we can do phon off precious time and resources This is why it is absolutely imperative for our brave veterans is to give them intended to improve patient care. that we give the selfless stewards of Also, while the intention of this pro- a little help with their absentee bal- the Constitution complete access to gram is to ensure that our Nation’s lots. voting in our elections. It is because of I want to thank Mr. EHLERS for veterans are more easily able to cast a the sacrifice of men and women in the working with the committee to draft vote, the passage of the bill should not Armed Forces why we are free. language that guarantees our veterans be taken as an invitation to disregard Mr. Speaker, I would like to thank will always receive the voter assistance the absentee voting programs imple- Chairman BRADY and Chairman FILNER they need. I would also like to thank mented at the State level in favor of for working with me on the legislation, the 54 colleagues who have joined Mr. turning Federal, State, or NVRA des- and I urge my colleagues to support H.R. 6625. BRADY and me to introduce this legis- ignated agencies into voting locations. lation and especially applaud the dedi- Veterans also require months of care Ms. ZOE LOFGREN. Mr. Speaker. I rise in cation and work that Representatives as a result of their injuries and have support of H.R. 6625 and commend Chairman limited mobility during that time. RADY FILNER and WATSON have shown on this B for introducing this important piece of issue. This bill was crafted with their unique legislation, the Veterans Voting Support Act of circumstances in mind, and it is not in- which I am an original cosponsor. b 1930 tended to be a gateway to similar pro- This legislation is significant to me because Our veterans have dedicated their grams at other agencies. When it the issue of registering veterans to vote was lives to protecting our democracy and comes to establishing voting locations born out of concern by one of my constituents, our government and we should be dedi- outside of each State’s established pro- Steve Preminger. Steve went to the Depart- cated to ensuring veterans that they tocols, this bill should be considered ment of Veterans Affairs (VA) nursing home in are given every opportunity to vote the exception, not the rule. Menlo Park, CA to register veterans. Almost and participate in the very democracy Again, I would like to thank Chair- immediately, VA officials threw him out. The they defend. man BRADY for his leadership on this VA has since explained that its decision to I urge all Members to support this issue and his commitment to improv- evict Preminger was part of a policy that bars legislation. ing this bill in a bipartisan fashion. outside groups from registering voters who live

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00096 Fmt 4634 Sfmt 9920 E:\CR\FM\K17SE7.137 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8375 in VA nursing homes, hospitals, and transi- of their service to our country, we should The question was taken; and (two- tional housing for homeless veterans. For the make every possible accommodation to pro- thirds being in the affirmative) the past four years Mr. Preminger has litigated to vide them with the assistance they need to rules were suspended and the bill, as ensure that all veterans living on VA property take a part in the political process and have amended, was passed. have access to voter registration their voices heard. It would be ironic for those A motion to reconsider was laid on I applaud the VA for its recent change in fighting for our freedom and ability to partici- the table. policy allowing state and local election officials pate in our democracy to themselves be de- f and non-partisan groups to access VA facili- nied the ability to participate. SENSE OF CONGRESS REGARDING I commend Rep. BRADY, the gentleman from ties to assist officials in registering veteran LOWERING FLAG OVER CAPITOL Pennsylvania, for his hard work on this bill and voters who are receiving care. But issuing a TO HONOR MILITARY DEATHS new policy is not enough and I question the urge my colleagues to support it. agencies commitment to it. Last Friday, Sep- Mr. MURPHY of Connecticut. Mr. Speaker, Mrs. DAVIS of California. Mr. Speak- tember 12, 2008, the San Francisco VA pro- I would like to thank my friend Chairman er, I move to suspend the rules and hibited Veterans for Peace (‘‘VFP’’), a BRADY for bringing this legislation to the floor agree to the concurrent resolution (H. 501(c)(3), from registering voters, even though today, and for his work to ensure that our vet- Con. Res. 61) expressing the sense of the ‘‘directive’’ instructs local officials to ‘‘facili- erans are full and able participants in our de- the Congress that the United States tate’’ nonpartisan groups who wish to register mocracy. flag flown over the United States Cap- voters. As you know, Mr. Speaker, last week, the itol should be lowered to half-mast one As Paul Sullivan of Veterans for Common VA revised its wrongheaded directive barring day each month in honor of the brave Sense stated in his testimony yesterday be- nonpartisan voter registration drives at VA fa- men and women from the United fore the Senate Committee on Rules, ‘‘The VA cilities. Clearly, the VA felt the overwhelming States who have lost their lives in has changed their policy on veteran voting bipartisan pressure from local, state and fed- military conflicts. rights three times in the past five months. VA eral members who supported this legislation, The Clerk read the title of the con- can easily reverse course again and issue yet as well as the Secretaries of State and count- current resolution. The text of the concurrent resolution another policy banning voting assistance for less veterans throughout the country who is as follows: veterans living in VA facilities.’’ rightfully decried it. We have asked enormous I support this legislation, but am concerned sacrifices of our men and women in uniform, H. CON. RES. 61 that the protection for ‘‘nonpartisan’’ activities and it is simply unconscionable to deny them Whereas more than 1,000,000 brave men and may create the inference that a government the right to participate in a government for women from the United States have died in which they have so valiantly served and military conflicts from the time of the Revo- agency can regulate private ‘‘partisan’’ con- lutionary War through Operation Iraqi Free- versations just because they are on federal fought for. However, our presence here today attests to dom; property, even though there is no apparent the fact that this fight is not yet over—while Whereas the people of the United States government sponsorship. the VA has acted wisely in withdrawing their mourn the loss of the brave men and women Over 5.3 million veterans (23.2 percent of all who have given their lives for this country; veterans) were not registered to vote in 2006. directive, they still retain the ability to reinstate it at some future date. The VA’s recent policy Whereas the United States has not forgot- Veterans have dedicated their lives to pro- ten the sacrifices that brave men and women shifts on voting registration have been sudden tecting our country and deserve every commit- have made to protect our Nation and our and unpredictable, and there is precious little ment from the government to offer them the freedom; and assurance that they will not undergo another opportunity to participate in the political proc- Whereas paying tribute to the brave men change of heart. ess. With November rapidly approaching it is and women from the United States who gave That is why I am a strong supporter of H.R. their lives for this Nation demonstrates the imperative that we act both swiftly and vigi- 6625. I have been to Connecticut’s VA Hos- spirit of patriotism that is the foundation of lantly in passing H.R. 6625. pitals and clinics, and I have seen and spoken our great country: Now, therefore, be it Mr. SCOTT of Virginia. Mr. Speaker. I rise with the generations of proud veterans those Resolved by the House of Representatives (the in support of H.R. 6625, the Veterans Voting Senate concurring), That it is the sense of the facilities care for and serve. They want to be Congress that the United States flag flown Support Act, which contains several provisions able to enjoy the freedoms they worked to de- to help Veterans as they participate in the po- over the United States Capitol should be fend, and they deserve to be able to do so at lowered to half-mast one day each month in litical process. First, it will require the Sec- VA facilities. Connecticut’s Governor, Sec- retary of Veterans Affairs to allow States to honor of the brave men and women from the retary of State, and Attorney General have United States who have lost their lives in designate V.A. facilities as voter registration joined this fight and support the legislation be- military conflicts. agencies. The bill will also require V.A. facili- fore us because they know our veterans’ The SPEAKER pro tempore. Pursu- ties to provide information and assist election rights should not just be protected today, but ant to the rule, the gentlewoman from officials to ensure proper delivery of voting for generations to come as well. California (Mrs. DAVIS) and the gen- material. Additional, the bill prohibits the Sec- Not only will H.R. 6625 guarantee the right tleman from California (Mr. MCCAR- retary of Veterans Affairs from restricting non- of veterans to register to vote at VA facilities, THY) each will control 20 minutes. partisan organizations and state election orga- but the bill will also limit restrictions and ex- The Chair recognizes the gentle- nizations from providing information at V.A. fa- pand access for nonpartisan voter drives and woman from California. cilities. This bill will help to prevent Depart- ensure that veterans get the assistance they GENERAL LEAVE ment of Veterans Affairs policies from with- need to complete the voter registration proc- Mrs. DAVIS of California. Mr. Speak- holding information from Veterans on voter ess. In an election year such as this, it’s im- er, I ask that all Members have 5 legis- registration and voting. portant that veterans, with their unique experi- lative days to revise and extend their The Department of Veterans Affairs pre- ence in serving their country, have their voices remarks in the RECORD on this resolu- viously adopted a policy that prohibits voter heard. tion. registration drives on V.A. grounds. The De- I urge my colleagues to support this bill and The SPEAKER pro tempore. Is there partment of Veterans Affairs recently changed stand up for our veterans. objection to the request of the gentle- that policy and now allows state and local Mr. MCCARTHY of California. Mr. woman from California? election officials as well as non-partisan orga- Speaker, I have no further speakers, There was no objection. nizations to provide veterans help. However, and I yield back the balance of my Mrs. DAVIS of California. Mr. Speak- the language of the policy still allows individual time. er, I yield myself such time as I may V.A. facilities to restrict access to these Mrs. DAVIS of California. Mr. Speak- consume. groups. This legislation will guarantee that in- er, I urge passage of the legislation, This resolution recognizes our serv- dividuals and organizations with the appro- and I yield back the balance of my icemen and -women who have fought priate knowledge are given the right to assist time. and died for our country and the sac- our veterans in the voting registration process. The SPEAKER pro tempore. The rifice made by their families. The reso- Our veterans have dedicated their lives to question is on the motion offered by lution provides for the flag over the our country’s safety and deserve the oppor- the gentlewoman from California (Mrs. Capitol to be raised at half-staff once a tunity to be assisted in the political process. DAVIS) that the House suspend the month in honor of all the U.S. men and Given that many of our veterans are disabled rules and pass the bill, H.R. 6625, as women that have made the ultimate or ill with special assistance needs as a result amended. sacrifice in the service of our Nation.

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.096 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8376 CONGRESSIONAL RECORD — HOUSE September 17, 2008 While we in Congress and the major- in Afghanistan and Iraq, and the third brothers and sisters of the one who ity of the American people go about one in the area of the Balkans. gave his life, and to the one who gave our day-to-day lives, this small gesture But as they serve, some give the ulti- his life, that America still cherishes, should serve as a constant reminder of mate sacrifice. And for all of those who respects, loves and remembers the sac- those brave men and women who have serve and who have served, and for rifice that you gave to this Nation. given their lives in defense of the free- those who have given the ultimate sac- So for me, it is my hope that this bill doms that we, the American people, rifice, we can never really do enough as passes unanimously, and that we honor enjoy. We owe all of our fallen service- a Nation to thank them for their serv- those who have given their life for this men and -women a debt that can never ice and, ultimately, leaving their fami- great Nation of ours. be repaid. lies with the loss of their lives. Mr. MCCARTHY of California. Mr. I am pleased to support this resolu- In 1775, a shot heard around the world Speaker, I yield back the balance of tion, and I urge all of my colleagues to brought American men and women into my time. support it as well. battle at the Siege of Boston that Mrs. DAVIS of California. Mr. Speak- I reserve the balance of my time. lasted through the spring of 1776, which er, I appreciate the gentleman bringing Mr. MCCARTHY of California. Mr. eventually brought us into war for our this legislation forward. Speaker, I rise today in support of H. independence. After several years and Ms. JACKSON-LEE of Texas. Mr. Speaker, Con. Resolution 61, which expresses the the loss of many lives, we obtained our I stand today in support of H. Con. Res. 61, sense of the Congress that the United independence. Since that time, our ‘‘Expressing the sense of the Congress that States flag flown over the United young men and women have been will- the United States flag flown over the United States Capitol should be lowered to ing to volunteer to go into the battle- States Capitol should be lowered to half-mast half-mast 1 day each month in honor of fields to preserve the freedom that our one day each month in honor of the brave the brave men and women from the first military men and women fought men and women from the United States who United States who have lost their lives to give us, and we’ve been willing to have lost their lives in military conflicts.’’ The in military conflicts. preserve that and we should continue brave men and women who have sacrificed For all of those who work in or visit as a Nation. their lives to protect not only the lives of Amer- the Capitol each day, the flag that flies But I think when we look at those icans but democracy around the world, war- atop this building is an emblem of the who give the ultimate sacrifice, some- rant a day each month in which the Nation democratic principles that guide this times we give the medals and we show honors their service and sacrifice. body. This powerful symbol of freedom sympathy and appreciation to the fam- More than 1 million brave men and women is even more striking when it’s lowered ilies, and then after a while, we forget from the United States have died in military to half-mast, signaling that our Nation that. I know in every courthouse and conflicts since the birth of our great Nation. It is in mourning. every city hall there are monuments is the right of the American people to mourn The men and women of our military that have the names of those who have the loss of the brave men and women who who defend our Nation in the time of given their lives for this country and have given their lives for this country. All war may be called upon to make the ul- paid the ultimate sacrifice. Americans must remember that our freedom timate sacrifice for our country. Low- On Memorial Day we visit and Vet- has not come without sacrifice. The heroic ering the flag atop the Capitol once a erans Day we visit, perhaps some spe- men and women who have given the ultimate month in their honor is a small yet cial days like 9/11 we again remember sacrifice, to protect our Nation and our free- meaningful way to communicate how and we visit those who have their dom must be honored and recognized. As deeply their loss is felt by all Ameri- names engraved on the markings and Gertrude Stein put it so eloquently, ‘‘Silent cans. on the monuments in our courthouses gratitude isn’t very much use to anyone.’’ In addition to being a moving tribute and city halls throughout this country. to the members of our military who we Paying tribute to the fearlessness and cou- 1945 have lost, it is also a reminder to all b rageousness that the men and women from Members of Congress that the actions But I believe that just those two or the United States have displayed throughout we take—or do not take—have pro- three special occasions are not enough. history, demonstrates the spirit of patriotism found consequences on the men and And, Mr. Speaker, I didn’t realize that is the foundation of our great country. women of our military. When we talk how little we were showing apprecia- H. Con. Res. 61 must be supported by the about funding our armored vehicles or tion for those who gave the ultimate Members of Congress in order for us and all express our views on intelligence gath- sacrifice until my very first visit in Americans to pay homage and show our re- ering in the war on terror, it is impera- early 2004 to Iraq. We had just traveled spect for those extraordinary soldiers who are tive that we do not forget the real from one part of Iraq, flying back into no longer with us, but whose legacies should ramifications that our decisions will Baghdad in a C–130. And before we live on. In honoring those who have fought for have on our servicemen and -women boarded the plane, there was an escort our country from the time of its conception who must live with the consequences of detail. And we noticed that there was a would be a grand opportunity to show the men our actions. casket, a flag-draped casket. A very and women wearing the uniform today that I urge my colleagues to join with me solemn occasion as you looked at the their service is not in vain. It is an opportunity in supporting this moving tribute to lines of the young men and women who for America to demonstrate the magnitude of our Nation’s Armed Forces. were saying farewell to the one who appreciation that we hold in our hearts for the With that, Mr. Speaker, I reserve the had given his life. And they placed that service and bravery of all our veterans. A sim- balance of my time. in that cargo bay off the C–130. Those ple gesture can demonstrate the immeas- Mrs. DAVIS of California. Mr. Speak- of us who were Members of Congress urable amount of gratitude which emanates er, I am pleased to yield as much time sat more to the front—those who have through us all. as he may consume to the sponsor of traveled obviously know that we ride The State of Texas alone is home to ap- this bill, Representative LINCOLN DAVIS the jump seats as we go in and out into proximately 1,707,365 veterans. H. Con. Res. of Tennessee. Iraq or Afghanistan. 61 commemorates not only the valuable con- Mr. LINCOLN DAVIS of Tennessee. I And for some reason, when I looked tribution of heroes past but to our present thank the gentlelady from California. in the faces of those young men who champions of freedom and democracy. I am All of us, I’m sure, have had an op- were the escorts, the solemn faces, the reminded of something once said by author portunity—at least most—to visit the faces who weren’t looking to anyone, I Melodie Beattie, ‘‘Gratitude unlocks the full- war zones in Iraq and Afghanistan. And don’t think, for sympathy, but just un- ness of life. It turns what we have into being there, we have observed the derstanding, for me, on that occasion, I enough, and more. It turns denial into accept- greatness of the volunteers who volun- said, I don’t think we do enough. And ance, chaos into order, confusion into clarity teer their service for this great country in 2004, I introduced this bill, the same . . . it turns problems into gifts, failures into and to help preserve, defend, and to one that’s here today, to where we can success, the unexpected into perfect timing, bring about liberty and freedom to oth- at least once a month—12 times a year, and mistakes into important events. Gratitude ers in different parts of the world plus the other occasions—say thank makes sense of our past, brings peace for today, mainly in those two war zones you to the mothers and fathers, to the today and creates a vision for tomorrow.’’

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00098 Fmt 4634 Sfmt 9920 E:\CR\FM\K17SE7.141 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8377 Mrs. DAVIS of California. Mr. Speak- and maintain State-based regulatory sys- gentleman from Michigan (Mr. STU- er, I yield back the balance of my time tems for alcohol distribution made up of pro- PAK), which has 98 bipartisan cospon- and I urge passage of the legislation. ducers and importers, wholesale distributors, sors, and S. Res. 551, introduced by the The SPEAKER pro tempore. The and retailers; senior Senator from Montana, Senator Whereas development of a transparent and question is on the motion offered by accountable system of distribution and sales, BAUCUS, which has 14 cosponsors, also the gentlewoman from California (Mrs. an orderly market, temperance in consump- in a bipartisan manner. DAVIS) that the House suspend the tion and safe practices, the efficient collec- Seventy-five years ago—nearly to the rules and pass the concurrent resolu- tion of taxes, and other essential policies day—on December 5, 1933, the 21st tion, H. Con. Res. 61. have been successfully guided by the collec- amendment to the Constitution of this The question was taken; and (two- tive experience and cooperation of govern- country was passed. It repealed prohi- thirds being in the affirmative) the ment agencies and licensed industry mem- bition, a great mistake in the social rules were suspended and the concur- bers throughout our geographically and cul- era in this country, and the 21st rent resolution was agreed to. turally diverse Nation; amendment was ratified by the people A motion to reconsider was laid on Whereas regulated commerce in alcoholic in constitutional form. It brought an beverages contributes billions of dollars in the table. Federal and State tax revenues and addi- end to a misguided experiment and f tional billions to the economy annually; ushered in a new system of legal regu- lation of alcohol beverages. Previously, CELEBRATING 75 YEARS OF EF- Whereas 2,500 breweries, distilleries, wineries, and import companies, 2,700 whole- we had an illegal system that encour- FECTIVE STATE-BASED ALCOHOL sale distributor facilities, over 530,000 retail aged organized crime and worked REGULATION outlets, and numerous agricultural, pack- against the public’s wishes. Mr. COHEN. Mr. Speaker, I move to aging, and transportation businesses support Section 2 of that amendment states suspend the rules and agree to the con- the employment of millions of Americans; that ‘‘the transportation or importa- current resolution (H. Con. Res 415). Whereas the American system of State- tion into any State, Territory, or pos- The Clerk read the title of the con- based alcohol regulation has resulted in a session of the United States for deliv- marketplace with unprecedented choice, va- current resolution. riety, and selection for consumers; ery or use therein of intoxicating liq- The text of the concurrent resolution Whereas members of the licensed alcoholic uors in violations of the laws thereof is is as follows: beverage industry have been constant part- hereby prohibited.’’ The effect of sec- H. CON. RES. 415 ners with Federal and State Governments in tion 2 was to entrust regulation of al- Whereas throughout American history, al- balancing the conduct of competitive busi- coholic beverages to the States. cohol has been consumed by its citizens and nesses with the need to control alcohol in Under the 21st amendment, and the regulated by the Government; order to provide American consumers with a terms of the Webb-Kenyon Act which Whereas prior to the 18th Amendment to safe and regulated supply of alcoholic bev- implemented it, States have done an the Constitution, which established Prohibi- erages; and outstanding job exercising their pri- tion in the United States, abuses and insuffi- Whereas members of the licensed alcoholic beverage industry have created and sup- mary authority to regulate this indus- cient regulation resulted in irresponsible try composed of producers, importers, overconsumption of alcohol; ported a wide range of national, State, and Whereas passage of the 18th Amendment, community programs to address problems wholesale distributors and retailers, which prohibited ‘‘the manufacture, sale, or associated with alcohol abuse, including often dubbed the ‘‘three tier system’’ transportation of intoxicating liquors’’ in drunk driving and underage drinking: Now, by such knowledgeable and legendary the United States, resulted in a dramatic in- therefore, be it individuals as Tom Hensley. crease in illegal activity, including unsafe Resolved by the House of Representatives (the This has been a successful approach, black market alcohol production, organized Senate concurring), That Congress— and we have not had occasion to recon- crime, and noncompliance with alcohol laws; (1) celebrates 75 years of effective State- sider it. It is a system that provides based alcohol regulation since the passage of Whereas the platforms of the 2 major polit- transparency and accountability. It is ical parties in the 1932 presidential cam- the 21st Amendment; (2) recognizes State lawmakers, regulators, one that prizes public safety in which paigns advocated ending national Prohibi- the industry works with State law- tion by repealing the 18th Amendment; law enforcement officers, the public health Whereas on February 20, 1933, the 2nd Ses- community and industry members for cre- makers—of which I was one for 24 years sion of the 72nd Congress submitted to con- ating a workable, legal, and successful sys- and served on the State and local gov- ventions of the States the question of repeal- tem of alcoholic beverage regulation, dis- ernment committee in Tennessee that ing the 18th Amendment and adding new lan- tribution, and sale; and had the responsibility of ensuring that guage to the Constitution that the transpor- (3) continues to support policies that allow the three-tier system worked and the tation or importation of alcoholic beverages States to effectively regulate alcohol. public was protected. for delivery or use in any State would have The SPEAKER pro tempore. Pursu- Public health officials and law en- to be carried out in compliance with the laws ant to the rule, the gentleman from forcement people also worked on this of the State; Tennessee (Mr. COHEN) and the gen- to provide quality products to con- Whereas on December 3, 1933, Utah became tleman from Texas (Mr. SMITH) each sumers and ensure the responsible use the 36th State to approve what became the will control 20 minutes. of alcoholic beverages. Through this 21st Amendment to the Constitution, the The Chair recognizes the gentleman quickest-ratified amendment and the only partnership with the Federal Govern- ever decided by State conventions, pursuant from Tennessee. ment, we have pursued efforts to elimi- to article V of the Constitution; GENERAL LEAVE nate alcohol abuse, underage drinking, Whereas alcohol is the only product in Mr. COHEN. Mr. Speaker, I ask unan- drunk driving, and other problems as- commerce that has been the subject of 2 con- imous consent for all Members to have sociated with the abuse of alcoholic stitutional amendments; 5 legislative days to revise and extend beverages. Whereas Congress’s reenactment of the their remarks and include extraneous I commend Mr. STUPAK of Michigan Webb-Kenyon Act, passage of the Federal Al- material on the resolution under con- and Mr. COBLE of North Carolina for cohol Administration Act, the 21st Amend- ment Enforcement Act, annual appropria- sideration. their leadership on this resolution, tions to support State enforcement of under- The SPEAKER pro tempore. Is there which commemorates the end of a age drinking laws, and the STOP Underage objection to the request of the gen- failed experiment, prohibition, and the Drinking Act demonstrated the longstanding tleman from Tennessee? establishment of a system that served and continuing intent of Congress that There was no objection. the citizens of this Nation well for over States exercise their primary authority to Mr. COHEN. Mr. Speaker, I yield my- three-quarters of a century. achieve temperance, the creation and main- self such time as I may consume. I urge my colleagues to support this tenance of orderly and stable markets, and Mr. Speaker, I rise today in support important legislation. the facilitation of the efficient collection of of H. Con. Res 415, which celebrates 75 Mr. Speaker, I reserve the balance of taxes; years of successful State-based alcohol Whereas legislatures and alcoholic bev- my time. erage control agencies in the 50 States have regulation. Mr. SMITH of Texas. Mr. Speaker, I worked diligently to implement the powers I want to commend the gentleman yield myself such time as I may con- granted by the 21st Amendment for 75 years; from North Carolina (Mr. COBLE) for in- sume. Whereas legislatures and alcoholic bev- troducing this measure. It’s the same Mr. Speaker, this resolution is more erage control agencies in all States created as H. Con. Res 341, introduced by the symbolic than substantive. It will not

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.143 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8378 CONGRESSIONAL RECORD — HOUSE September 17, 2008 change the way the alcohol industry brates the 75th anniversary of the end million in communities across the distributes their products, and it will of Prohibition. Furthermore, it recog- country to fight and oppose drunk driv- not change the way States regulate al- nizes our effective regulation of alco- ing, underage drinking, and promote cohol distribution. But regrettably, it hol by State and local governments responsible consumption of alcohol does celebrate the ‘‘successful system and the dedication of our State law- through public safety, prevention and of alcoholic beverage regulation, dis- makers, regulators, law enforcement education campaigns. tribution and sale.’’ officers, the public health community, Additionally, the National Beer My opposition is not a reflection on and industry members for creating a Wholesalers Association was instru- those who support this resolution; it is workable, legal and successful system mental in working with Congress to just that I am uneasy about Congress of alcohol regulation, distribution and pass the STOP Underage Drinking bill, considering a resolution with this pur- sale. which was signed by President Bush in pose. Prohibition, Mr. Speaker, began in December of 2006. Certainly, the alcoholic beverage in- 1919, when the 18th amendment was b 2000 dustry is a legitimate one. I have hard- ratified. This led to a dramatic in- Mr. Speaker, there are many alcohol working business owners in my district crease in illegal activity, including un- vendors in my district in North Caro- who create jobs and pay taxes. Most safe black market alcohol production, lina who devote enormous amounts of brewers, distributors and retailers try a growth in organized crime, and in- time and money to improve the lives of to ensure that alcohol is made, trans- creasing noncompliance with alcohol ported and sold in a safe and legal man- people in our communities. They have laws. As a result, only 14 years later, openly supported community efforts ner. However, the abuse of alcohol on December 5, 1933, the 21st amend- causes incalculable pain and suffering. for organizations such as United Cere- ment was ratified, which repealed Pro- bral Palsy, the Special Olympics, law It has cost thousands of lives, dev- hibition and granted to the States con- astated families, and ruined the mental enforcement, the Greensboro Children’s trol of alcohol. Museum, the Greensboro Economic De- and physical health of many Ameri- The 21st amendment wisely estab- velopment Partnership, the Rockwell cans. For the same reason, I would lished a State-based regulatory system Project for alcohol awareness at voice concerns about a resolution cele- for alcohol. This has permitted each Greensboro area high schools, the Hos- brating the ‘‘successful distribution’’ of State to adopt laws that reflect the cigarettes and tobacco products. pice of Greensboro, and others. views of its citizens. The result has Many of these vendors have also According to Mothers Against Drunk been one of most comprehensive and Driving, alcohol ranks as a leading unanimously supported countless other community-sensitive alcohol regu- efforts throughout the Sixth District of cause of death among young people age latory programs in the world. Further- 10 to 24 due to motor vehicle crashes, North Carolina. I’m sure many of you more, it has created a safe and reliable can duplicate that in your respective unintentional injuries, homicide and marketplace for alcohol. Our con- suicide. Vehicle accidents have become districts. sumers are free now from the threat of the number one cause of death for The benefits vary from community to the harmful chemicals that were un- teens in the U.S., over one-third are al- community. While there are sound rea- knowingly consumed during the Prohi- cohol related. sons that alcohol should be regulated, And although States have passed bition Era. it is clear to me that we should recog- For 75 years, local regulation has laws to prevent individuals from driv- nize and celebrate the 75th anniversary worked well. And while alcohol laws ing while under the influence of alco- of the end of Prohibition. are continually tweaked and improved, hol, a huge number of alcohol-related I encourage my colleagues to support adjusted and amended, our beer, liquor deaths occur on roads across the Na- H. Con. Res. 415. and wine providers have worked dili- tion. The National Highway Traffic Again, I thank the gentleman from Safety Administration found that last gently together with regulators to en- Texas for having yielded to me. year drunk driving killed almost 13,000 sure that public health and safety are Mr. COHEN. I appreciate Mr. COBLE’s people. first and foremost. and Mr. SMITH’s comments. I do appreciate efforts of the alco- Many beer distributors who strongly Mr. SMITH, of course, comes from a holic beverage industry, small busi- support this resolution and recently city in Texas that my predecessor, the nesses and distributors to keep alcohol concluded their national meeting in Congressman from West Tennessee in out of the hands of minors. However, San Francisco play a vital role in their the 1800s—Davy Crockett—went to. Un- reports tell us that 33 percent of 12th respective communities by sponsoring fortunately, it was the last city that graders still drink beer on at least a a vast array of programs that promote Congressman Davy Crockett went to. I monthly basis and over 70 percent say responsible consumption. The pro- was noticing, in going through the that beer is easy to get. grams range from providing free taxi Halls here, that Sam Houston, who left When Congress can attest that alco- rides home for restaurant patrons who my State, went to be Governor of your hol is no longer easily accessible to do not have a designated driver, to State. So Texas and Tennessee have a teens, that alcohol no longer contrib- sponsoring alcohol-free after prom lot in common. If it weren’t for Ten- utes to 13,000 accident deaths each events and producing educational ma- nessee, we probably wouldn’t have a year, and that alcohol no longer dev- terials to assist parents in talking to Texas, so it’s wonderful to work with astates families and individuals, then a their children about underage drink- you today on this particular resolu- resolution celebrating the ‘‘successful ing. tion. distribution’’ of alcohol might be in Distributors also promote alcohol As I look around the Chamber here, order. Until then, I continue to have education initiatives that bring guest there are great lawmakers, including concerns with this resolution. speakers into local schools and com- Moses and Moses Maimonides. In Ten- Mr. Speaker, I reserve the balance of munity centers. Some of these speak- nessee, we have a Bob Moses who had a my time. ers who have made mistakes about al- lot to do with this three-tiered system, Mr. COHEN. Mr. Speaker, I reserve cohol, just as the distinguished gen- and he did a lot of work on it. the balance of my time. tleman from Texas mentioned earlier, We don’t have any further speakers. Mr. SMITH of Texas. Mr. Speaker, I became reckless and abandoned discre- I’d like to inquire as to how many yield such time as he might consume tion and responsible drinking, but they more speakers the gentleman from to my good friend and colleague from have overcome those mistakes and Texas might have. North Carolina (Mr. COBLE). have lived to retell their stories, and Mr. SMITH of Texas. Mr. Speaker, Mr. COBLE. Mr. Speaker, first of all, therefore, encourage others not to before yielding back the balance of my I want to thank the distinguished gen- make the same mistakes. time, I do want to thank my friend and tleman from Texas who serves very The beer industry, Mr. Speaker, I’m colleague on the Judiciary Committee, ably as our ranking Republican on the sure in probably every district rep- Mr. COHEN, the gentleman from Ten- House Judiciary Committee. resented on this floor, creates innumer- nessee, for those nice comments. He is Mr. Speaker, I rise tonight in support able job opportunities. The beer indus- right to point out the connections be- of H. Con. Res 415. This resolution cele- try, furthermore, has spent nearly $700 tween Texas and Tennessee. Frankly, I

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.144 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8379 think they’re a source of great interest competition with low-priced alcohol sales at tleman from Indiana (Mr. BURTON) is and pride to residents of both States. I legal liquor stores. The post-Prohibition period recognized for 5 minutes. certainly appreciate his friendship. I saw the introduction of the American lager Mr. BURTON of Indiana. Mr. Speak- appreciate the way he has conducted style of beer, which dominates today, such as er, you know, there’s an old saying this debate tonight as well. Anheuser-Busch’s Budweiser and Coors that sometimes people whistle past the I yield back the balance of my time. Brewing Company. Alcohol has been and still graveyard. I think, last night, that’s Mr. COHEN. Mr. Speaker, on a per- is a part of the American tradition. In my great what this Congress did. The majority sonal matter, I will note that some- State of Texas there are 75 breweries and on the other side rammed through a times people see these bodies, and they eight of them are located in the city of Hous- bill that’s not going to do anything to think of our being acrimonious or not ton. move us toward energy independence, bipartisan. There is nobody I’ve en- Let us celebrate the Cullen-Harrison Act and that means we’re going to continue joyed working with more than these which Franklin D. Roosevelt signed into law in to send $700 billion a year overseas to two gentlemen on the Judiciary Com- 1933, which once again, legalized the sale of Saudi Arabia, to Nigeria, to Venezuela, mittee, these Members on the other 3.2 percent beer, signaling the beginning of and to other countries, many of whom side of the aisle. We do work together the end of the 13-year ‘‘failed experiment’’ don’t like us at all and who are using a lot of times, and there is friendship, known as Prohibition. our own money against us. $700 billion and there is work camaraderie and re- Mr. COHEN. I yield back the balance a year. spect that people can probably recog- of my time. While we didn’t do anything about nize from some of the debate. The SPEAKER pro tempore. The that, that which would create hundreds With that having been said, I would question is on the motion offered by of thousands of jobs in the United ask that we pass this resolution unani- the gentleman from Tennessee (Mr. States, we have found that Freddie mously as introduced. COHEN) that the House suspend the Mac and Fannie Mae we have bailed Ms. JACKSON-LEE of Texas. Mr. Speaker, rules and agree to the concurrent reso- out for God only knows how much I rise today in support of H. Con. Res. 415, lution, H. Con. Res. 415. money. It’s in the hundreds and hun- ‘‘Celebrating 75 years of effective State-based The question was taken; and (two- dreds of billions. It’s probably going to alcohol regulation and recognizing State law- thirds being in the affirmative) the be more than the S&L tragedy we had makers, regulators, law enforcement officers, rules were suspended and the concur- years ago. Bear Stearns we bailed out. the public health community and industry rent resolution was agreed to. AIG, $85 billion last night. There’s $25 members for creating a workable, legal, and A motion to reconsider was laid on billion to $30 billion we’re going to give successful system of alcoholic beverage regu- the table. to the auto industry. We’re going to be lation, distribution, and sale.’’ f giving money, no doubt, to the avia- H. Con. Res. 415 celebrates a remarkable SPECIAL ORDERS tion industry because it’s in trouble be- time in American history. It is worthy to re- cause of the energy crisis. The stim- The SPEAKER pro tempore. Under member how far the United States Govern- ulus package we’re talking about is the Speaker’s announced policy of Jan- ment has come since its inception. With the going to cost probably about $50 billion uary 18, 2007, and under a previous ratification of the 21st Amendment, primary in the next week because the Democrat order of the House, the following Mem- authority was delegated to the individual majority is going to send that to the bers will be recognized for 5 minutes States, establishing the State-based regulatory floor, and we don’t have the money. each. system for alcohol distribution we still use We’re talking about $800 billion to $900 today. The regulatory system has allowed f billion that the taxpayers are going to each State to adopt individual laws that fit the The SPEAKER pro tempore. Under a have to cough up that we do not have. beliefs of its citizens and still remains effective previous order of the House, the gentle- Now, what does that mean for the and in place today. woman from California (Ms. WOOLSEY) economy of the United States? This State-based system created the safest is recognized for 5 minutes. It means simply that the dollar and and most responsible alcohol marketplace in (Ms. WOOLSEY addressed the House. the economy are going the wrong way. the world. It not only protects consumers from Her remarks will appear hereafter in Today, get this: Gold went up over $70 tainted or counterfeit alcohol, but also provides the Extensions of Remarks.) an ounce. If you look back over the transparency, accountability, and tremendous f past several years, gold was running choice and value for American consumers for The SPEAKER pro tempore. Under a between $250 an ounce. Today, it went 75 years. previous order of the House, the gen- up by 25 percent over what the average In 1919, following the passage of the 18th tleman from Texas (Mr. POE) is recog- was for the price of gold. Do you know amendment, which prohibited ‘‘the manufac- nized for 5 minutes. why? ture, sale or transportation of intoxicating liq- (Mr. POE addressed the House. His It’s because there is no confidence in uors,’’ the United States experienced a dra- remarks will appear hereafter in the the dollar right now, and we’re not matic increase in illegal activity including un- Extensions of Remarks.) doing a darned thing in this body or in safe black market alcohol production, a growth f the other body to deal with the prob- in organized crime and increasing noncompli- The SPEAKER pro tempore. Under a lem. Nothing. We had a chance last ance with alcohol laws. By the end of the dec- previous order of the House, the gen- night to move toward energy independ- ade, Gangster Al Capone controlled all 10,000 tleman from North Carolina (Mr. ence and to save $700 billion a year speakeasies in Chicago and ruled the boot- JONES) is recognized for 5 minutes. that we’re sending overseas. That legging business from Canada to Florida. Nu- (Mr. JONES of North Carolina ad- would have made a dent in the problem merous other crimes, including theft and mur- dressed the House. His remarks will ap- we’re dealing with right now, and it der, were directly linked to criminal activities in pear hereafter in the Extensions of Re- would have provided a mechanism for Chicago and elsewhere in violation of prohibi- marks.) hundreds of thousands of jobs, and it tion. f would have cut the price of gasoline Many social problems have been attributed The SPEAKER pro tempore. Under a and of heating oil and of everything to the Prohibition era. A profitable and typically previous order of the House, the gen- else that we have to deal with. It would violent, black market for alcohol flourished dur- tleman from California (Mr. HONDA) is have moved us radically toward energy ing the Prohibition Era. Stronger liquor surged recognized for 5 minutes. independence. It would have helped sta- in popularity because its potency made it more (Mr. HONDA addressed the House. bilize the economy of the United profitable to smuggle. The cost of enforcing His remarks will appear hereafter in States. We didn’t do a darned thing, Prohibition was high, and the lack of tax reve- the Extensions of Remarks.) and everybody knows it. Everybody nues on alcohol (some $500 million annually f knows what we did last night was a nationwide) affected government coffers. sham. The 21st amendment is significant because AMERICAN ENERGY It’s not going to result in any drill- when repeal of Prohibition occurred in 1933, INDEPENDENCE ing. It’s not going to result in any organized crime lost nearly all of its black mar- The SPEAKER pro tempore. Under a more oil here in the United States. It’s ket alcohol profits in most States because of previous order of the House, the gen- not going to result in anything toward

VerDate Aug 31 2005 05:37 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.146 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8380 CONGRESSIONAL RECORD — HOUSE September 17, 2008 nuclear or toward alternative sources ment oversight in the markets have IOU. Foreclosures are going up in Ohio. of energy. It’s not going to do a darned come begging to the U.S. Government, And while Wall Street is made whole, thing. Yet we went to the American mama, to bail them out of their bad de- the folks back on Main Street are los- people last night, my Democrat major- cisions. They want mama to make it ing their homes and getting the bill. ity with that bill, and said, ‘‘Hey, we’re all better. So while the banks get to run home going to solve your energy problem,’’ Well, mama, the Federal Reserve and to Mama and they are crying, we really and it was a big lie, a facade. the Treasury, now run by Wall Street’s have to ask ourselves, what has Mama We had an alternative bill. We had an best friends, have happily been shelling given us here? What does it say about alternative bill sponsored by Demo- out from our taxpayers more than $300 our values when we pump hundreds of crats and Republicans—Mr. ABER- billion already and counting for those billions of dollars into preserving Wall CROMBIE and Mr. PETERSON, Democrats irresponsible Wall Street giants. Mean- Street’s bad boys while ignoring the and Republicans—that would have while, homeowners in my district are plight of the American people? moved us toward energy independence suffering as a result of these high fly- Across Main Streets, from coast to that was really a compromise. It didn’t ing bankers’ self-aggrandizing deci- coast, people are losing their homes. allow drilling in the ANWR, which I sions. But are Mr. Paulson or Mr. Bernanke preferred, but it did allow other things I’ve not seen Secretary Paulson or giving them any bet on the upside? like coal shale converted to oil and Chairman Bernanke running around They are not even helping them on the drilling off the Outer Continental Ohio over the weekend, expressing con- downside. All they are giving them is a Shelf. It would have resulted in rev- cern about working people’s houses and bill for Wall Street’s excesses. When enue sharing with the States that about helping them work out troubled Roosevelt talked about malefactors of would allow us to drill. loans. No. All they’re doing is sending wealth, boy, was he right. The bill that we passed did not do those folks the bills. I feel sorry for our country, I feel any of that. The bottom line is this The first check that mama wrote was sorry for this Congress, that we can’t economy is in real trouble, and it’s not in March. The Fed’s main role in the do a better job of standing up for the just because of this Congress, but it’s Bear Stearns buyout by JPMorgan people today who are losing their in real trouble because of loans that we Chase was a $29 billion loan to a cor- homes in Ohio. Thirty-eight thousand gave to people who didn’t deserve home poration it created to buy $30 billion more perched at the edge. Our State loans, and it was because of the pack- worth of assets from Bear Stearns. If needs $20 billion just to do workouts in aging of those loans and selling them the assets gained value, the Fed would our State. Where is the Federal Re- up the line. profit. If the assets lost value, the first serve? Where is the Treasury Depart- The fact of the matter is we could $1 billion would be lost by JPMorgan ment? Why do they only help the rich have done something last night to help Chase, but the rest of the losses would people? What about the rest of the peo- stem the tide by passing an energy bill be borne by—guess who?—the Amer- ple who have to work for a living? that would have led us not only to en- ican taxpayer. I can’t think when I have been as ergy independence but to saving about Then mama wrote a blank check, a upset as I am tonight about what is $700 billion a year that we’re sending big one, to Fannie Mae and Freddie happening by the big shots, and the overseas to people who are not our Mac. Now, that bill is already $200 bil- people who are paying the bill are get- friends. lion, and it could rise to $2.4 trillion, a ting shoved off the edge. It’s a real tragedy. This Congress is blank check. Last year, the head of Wake up, America. Wake up, Amer- sitting on its hands, and it’s not doing Freddie Mac earned compensation of ica. Pay attention to what is hap- anything at a time when this country $18.3 million, and Fannie Mae’s chief, pening here. Contact your Member of is crying out for some action, not just David Schmidt, received $11.6 million Congress. Every citizen of this country for energy, not just for lower gas prices directly, not counting all of their other that is a taxpayer and every citizen but for some kind of a movement to- bonuses and stock options and who who owns that home mortgage has a ward solving the economic problems knows what else. right to a decent life, not just the big that face this country. Now mama has written a third check shots up at the end of Wall Street up in I’m going to end by telling you this: for the crisis on Wall Street, and has New York City. If gold goes up $70 in one day, that’s an effectively nationalized American f indication that the value of the dollar International Group today with an $85 ASHE COUNTY ARMED SERVICES is going down the tubes. In addition to billion loan. that, everybody’s 401(k)s and IRAs are TRIBUTE A PATRIOTIC SUCCESS b 2015 going down with it. The SPEAKER pro tempore (Mr. WIL- This is a very, very difficult time for I wonder why we don’t just change SON of Ohio). Under a previous order of America, and Congress needs to re- the name of the U.S. Treasury to the the House, the gentlewoman from spond, and we’re not doing a darned Sovereign Wealth Fund, because we are North Carolina (Ms. FOXX) is recog- thing. I hope my colleagues on both borrowing money from other countries nized for 5 minutes. sides of the aisle are listening. The in order to bail out these institutions. Ms. FOXX. Mr. Speaker, I rise today Democrat majority needs to do some- By the way, from 1999 to 2004, the to praise the people of Ashe County, thing about this, especially about the CEO of AIG, Maurice ‘‘Hank’’ Green- North Carolina, for their strong sup- energy crisis right now and not just sit berg, was named to Forbes Magazine as port for our men and women in uni- on your hands and pass bills to help get among the ‘‘world’s richest people,’’ form. people reelected, which is what you did with a net worth in 2004 of $3.6 billion. Any time there is an opportunity to last night. What a cozy group they have up there honor our active military and our vet- f on Wall Street. erans, such as Memorial Day or Vet- The CEO named earlier this year, erans Day, the folks in Ashe County AMERICAN ECONOMY Robin Willumstad, had been the presi- show their support in the strongest The SPEAKER pro tempore. Under a dent of Citigroup since 2002, and his way possible. But on August 23rd of previous order of the House, the gentle- base salary was $1 million, plus up to $4 this year, Ashe County hosted its woman from Ohio (Ms. KAPTUR) is rec- million to $8 million in targeted an- Armed Forces Tribute and showed ognized for 5 minutes. nual bonuses, plus $13 million targeted what a remarkable place Ashe County Ms. KAPTUR. Mr. Speaker, Wall annual incentive pay and a one-time is and how remarkable the people there Street’s big banking boys, those self- $24.5 million restricted stock award to are. proclaimed geniuses of high finance, vest over 4 years. This event was a fitting way to honor are bankrupting America. These plun- Were our homeowners to get a deal our country’s brave veterans and those derers of our economy who have fought like that. The American people are who are serving around the world to tooth and nail against financial regula- truly getting bilked. They didn’t get a keep our Nation safe. True to the orga- tion now are running home to mama. fair share of the upside, and they are nizers’ goal for the event, it was a time They who virulently oppose govern- getting all of the downside and a huge to reflect on the sacrifices of those who

VerDate Aug 31 2005 04:20 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.152 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8381 willingly put their lives on the line for tleman from New Jersey (Mr. HOLT) is civic life in this election year. Obvi- the cause of freedom. It made me proud recognized for 5 minutes. ously first and foremost among them is once again to be an American and (Mr. HOLT addressed the House. His we are going to be asked to vote. But proud to represent the fine people of remarks will appear hereafter in the one of the things that all citizens in Ashe County who made this special Extensions of Remarks.) New York can do—and for those of you time possible. f who have access to the Internet, you The Armed Forces Tribute was can go to nysun.com and take a look at TRIBUTE TO THE NEW YORK SUN broadcast worldwide to military per- the newspaper online—one of the sonnel by the military’s Pentagon The SPEAKER pro tempore. Under a things we all can do is engage in our Channel and aired across the State of previous order of the House, the gen- civic debate well-armed with some North Carolina on public television’s tleman from New York (Mr. WEINER) is facts about the issues of the day. UNC-TV. The use of technology that recognized for 5 minutes. There is no better place to get it day in this small county in western Mr. WEINER. Mr. Speaker, we have than The New York Sun. You know, North Carolina was phenomenal. It was had a great deal of discussion about perhaps it is ‘‘old media,’’ but it is a proud day in Ashe County for those New York institutions, great institu- good, old-fashioned, substantive civic who serve our Nation. tions that have been around for a very engagement with a balanced coverage The tribute was filled with memo- long time, frankly, succumbing to eco- and smart coverage. You are going to rable moments of honoring those who nomic pressures, bad regulation, mis- find things in The Sun that, frankly, serve and have served in our military. fortune. But we are in a perilously the other newspapers gloss over, the Lieutenant General Thomas F. Metz close position in New York to losing other papers pay no attention to. gave a stirring speech that will not another great New York institution, I recently got a lot of attention, and soon be forgotten. North Carolina’s and that is the newspaper The New perhaps snickering, by referring to how own 82nd Airborne parachuted from the York Sun, which has been operating for ‘‘tabloidy’’ a lot of the broadsheet skies over Ashe County, not once but the better part of 7 years now. newspapers have become in New York twice during the celebration. It isn’t often that someone in our City, and I singled out The New York And participants were even con- line of work rises to pay tribute to a Times for that treatment. Well, frank- nected via satellite to our troops serv- periodical, particularly one that is fre- ly, if all newspapers had the level of ing in Iraq and Afghanistan. Indeed, quently quite critical of those of us in thoroughness and the level of sophis- family members came from all over the public life, but The Sun is a unique tication and the level of respect that it United States to be able to talk elec- New York institution. It is arguably shows to readers that The Sun does, I tronically with their member serving the only newspaper, frankly the only think that, frankly, the debate in New in the military overseas. And once outlet in New York City right now, York City and around the country again we heard the extremely articu- that is truly covering civic affairs in would be a lot better off. late men and women serving in the New York, and doing a very good job of This is volume 124, number 101. I military describe their experiences and covering civic affairs here in Wash- don’t know exactly what those num- their positive outlook on what is hap- ington and around the world. bers mean. But hopefully for years to pening in Iraq in particular, and all of For the purpose of making these re- come, New Yorkers, American citizens us were extremely pleased to hear that. marks, I just grabbed at random a copy of all stripes, will be able to pick up Were it not for the generous spirit of of The Sun recently and pulled out this this newspaper, and I think they will patriotism and volunteerism of the copy from September 8th. And I defy be better for it. people of the High Country, this event any of my colleagues to find a publica- Now, while I have the microphone, I would not have been possible. I would tion in their part of the world, and should say to any of their editorial like to thank everyone who gave their even the ones that are best known— page who are listening, you are wrong time and their money to ensure the , The Boston about 90 percent of the time, and hope- success of the Armed Forces Tribute. Globe, any of them—that has coverage fully you will get better over the But there is someone who deserves comparable to The New York Sun. course of the next 7 years. But, by all special thanks and recognition for the Right here is coverage of how Rus- means, I am not going to stop reading, passion and dedication she brings to sian war games have begun in the Car- and I would encourage all of my neigh- make this tribute happen. Vicky ibbean, with a long description of how bors to do the same. Moody, president of the Jefferson, the Monroe Doctrine is entangled; cov- f North Carolina, Rotary Club, once erage by E.B. Solomont on health care, again brought the people of Ashe Coun- talking about the challenges facing ANNOUNCEMENT BY THE SPEAKER ty together to pull off a spectacular sa- children’s health care in New York and PRO TEMPORE lute to our troops and led her fellow around the country; conversation The SPEAKER pro tempore. Mem- Rotarians, who served as volunteers for about arts and fashion. The Arts Sec- bers are reminded to address their re- this event, in the cause. tion of The Sun provides arts coverage marks to the Chair. Thank you, Vicky, for your work and second to no one. They even found f your love of country and our military some time to put on the front page cov- men and women. Thank you, Jefferson The SPEAKER pro tempore. Under a erage of sports, Brett Favre’s begin- previous order of the House, the gen- Rotarians, for all of the work, effort ning of his career with the New York and money that you put into making tleman from Kansas (Mr. MORAN) is Jets. recognized for 5 minutes. this a wonderful event. Now, you might be thinking this (Mr. MORAN of Kansas addressed the It is always fitting to honor those must be a newspaper that has been par- House. His remarks will appear here- who put their lives on the line for our ticularly kind to my point of view, after in the Extensions of Remarks.) Nation and make tremendous sacrifices maybe the editorial page has been par- for our freedom, and today is no excep- ticularly kind to the values that I f tion. Thank you to our veterans, their share. Very often, if not most of the The SPEAKER pro tempore. Under a families, and to the patriotic Ameri- time, I disagree with their editorial previous order of the House, the gen- cans like Vicky Moody and Ashe Coun- page. But it is always erudite and thor- tleman from Mississippi (Mr. TAYLOR) ty who stand behind our active duty ough and gives us a great deal to think is recognized for 5 minutes. military as they defend the front lines about. (Mr. TAYLOR addressed the House. of the fight for liberty. May God con- Not long ago, many readers were His remarks will appear hereafter in tinue to bless you, and may God con- shocked to find out what, frankly, we the Extensions of Remarks.) tinue to bless the United States of are learning about in a lot of news- f America. papers around the country, it has fall- The SPEAKER pro tempore. Under a f en onto hard times financially. Well, previous order of the House, the gen- The SPEAKER pro tempore. Under a there are many ways that we are going tleman from Texas (Mr. CONAWAY) is previous order of the House, the gen- to be called upon to participate in our recognized for 5 minutes.

VerDate Aug 31 2005 04:39 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00103 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.153 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8382 CONGRESSIONAL RECORD — HOUSE September 17, 2008 (Mr. CONAWAY addressed the House. I was very proud that when this dis- gress has appropriated through the His remarks will appear hereafter in aster struck, my staff did a fantastic Federal agencies to the people in need the Extensions of Remarks.) job of responding to the needs of every in Iowa. The time to break that back- f community wherever we could. This log is now. photograph shows me with my chain We need to start freeing up the Com- REMEMBERING RECENT NATURAL saw in front of one of the homes that munity Development Block Grant DISASTERS IN IOWA was completely destroyed shortly after money so that it can have an impact in The SPEAKER pro tempore. Under a the tornado struck. these communities that I have been previous order of the House, the gen- This is the basement of the home showing you here tonight. We need to tleman from Iowa (Mr. BRALEY) is rec- that I was working on and a family free up other small business loans and ognized for 5 minutes. whose entire home contents were com- other funding that should be getting to Mr. BRALEY of Iowa. Mr. Speaker, I pletely destroyed by the tornado. I the people in need in Iowa, including rise tonight to remember that, in a kept holding up things that I found in the people of Cedar Rapids, who were time of widespread national disasters, their basement and asking them if they devastated with the highest flood that it is important to remember those dis- wanted to save it, and they said, well, they have ever seen and has 400 square asters that have already occurred this that’s not ours. This is common. blocks of downtown Cedar Rapids year and not forget the impact that There were things that were found, where homes and businesses were de- they have had on people back in the that were taken out of Parkersburg stroyed and need to be rebuilt. great State of Iowa, which I am proud during this tornado, in Prairie du That’s why the crisis is now. The to represent in this body. Chien, Wisconsin, over 100 miles away. time to act is now. We need to take ad- For most of us, May 25th was the day On the front edge of the tornado, the vantage of the widespread attention on before Memorial Day. It was the day of town of Lamont had 8 inches of rain in people in need in this country and ad- my son’s high school open house from a 24-hour period that flooded the com- dress their concerns. his graduation, and our biggest concern munity and caused widespread destruc- f that day was how much rain we were tion to their infrastructure, including going to get. But shortly after all of this bridge, all within the week of Me- 30-SOMETHING WORKING GROUP our guests left, I started following a morial Day. The SPEAKER pro tempore. Under news story that would have profound Then, as if that weren’t enough, the the Speaker’s announced policy of Jan- implications for me and the people I week after Memorial Day, the town of uary 18, 2007, the gentleman from represent back in Iowa’s First District. New Hartford, which had been hit by Pennsylvania (Mr. ALTMIRE) is recog- This wall cloud that is visible on the this EF–5 tornado, was completely nized for 60 minutes as the designee of easel to my right was a wall cloud that overwhelmed by flooding from Beaver the majority leader. brought a devastating EF–5 tornado to Creek. The tragedy of these storms is Mr. ALTMIRE. Mr Speaker, we are the citizens of Parkersburg, New Hart- here tonight as part of the 30-Some- ford, Dunkerton and Hazleton, killing that, as you can see in the background thing Working Group. We will be joined eight people, causing widespread de- of downtown New Hartford, the hard- tonight by several members of the struction in those communities and se- ware store has left town. The only con- working group, including Congressman rious flooding in other parts of my dis- venience store, the Kwik Star, has left TIM RYAN from Ohio. I believe Con- trict. And that was what transformed town and is no longer in business. The gressman MEEK from Florida is going the summer of 2008 for many Iowans. places where people went to get their basic necessities are being driven out to be making an appearance, and any- b 2030 by the implications of these storms. one else who wants to join in that may This wall cloud contained this power- The town of Elkader, Iowa, up in be viewing us, certainly from their of- ful tornado and went right by one of Clayton County, which is one of the fices, is welcome to come down and my constituents’ farms, that was Sen- most scenic parts of my district, had a join the discussion on a couple of issues ator CHARLES GRASSLEY, who lives near flood predicted at 20 feet for a 12-foot that are facing this country and some New Hartford, Iowa. The effects of this flood stage. The river crested at 31 feet things that are in the news this week powerful tornado can be seen in this and overwhelmed the community, de- and that we have dealt with in Con- photograph, this overhead shot of Par- stroyed the grocery store, flooded busi- gress this week. kersburg, Iowa, where nearly one-third nesses and caused widespread destruc- Number one, I am going to start with of homes and businesses in the south tion to homes in Elkader. the economy. I don’t think anyone can side of Parkersburg were destroyed. Waverly, Iowa, in Bremer County, pick up a newspaper, watch a TV or do You can see here where the high also suffered widespread damage due to any reading of any kind without seeing school was destroyed. The folks in Par- the flooding. The same types of de- that our economy is in crisis right kersburg are very proud of the fact struction can be seen in their down- now. The stock market on this day that four of the graduates of their high town streets, which has enormous im- went down 450 points after going down school, Aplington-Parkersburg, cur- plications for infrastructure. Cedar more than 500 points the day before rently are starters in the National Falls’ utilities, completely over- yesterday. Football League, an extraordinary ac- whelmed by the flooding, and a rail- We are in the position right now, as complishment for a town of less than road bridge in downtown Waterloo, a Congress, and as a Nation, where we 2,000 people. The widespread devasta- where I live, will need to be replaced have some very difficult decisions to tion as this EF–5 tornado went through and has an enormous impact on the make. The administration came in and Parkersburg will be felt for many years commerce at John Deere’s Waterloo did their third major bailout of a major to come and illustrate the need for works. corporate institution this week with Federal emergency disaster assistance The disaster response that this Con- the AIG Insurance Company, and we in times when people are at their most gress made was immediate and swift, are going to talk more about that. We vulnerable. $2.65 billion, but much more is needed are going to talk about the reasons To give you a better view of how in- to address the needs in the First Dis- why we got to where we are today. dividuals were impacted, this photo- trict and the Second District and other There is an instructive part of this graph shows the widespread destruc- parts of Iowa. It’s time for Congress to whole thing to take a walk down mem- tion that leveled, literally, every act and pass a supplemental disaster ory lane and to see what the economy home, office, business and building in assistance bill for all of the midwestern was like 8 years ago and what the econ- the swath of the tornado pass through. flooding and tornado victims and also omy is like today, and to discuss how You can see that the trees are com- addresses serious problems from Hurri- we got from where we are, where we pletely denuded of any vegetation. cane Ike and Gustav in our gulf coast. were then, to where we are today. Here you see people that are working The response initially to this disaster We also have to talk about what’s hard to clean up an area where one of from our Federal disaster agencies was happening today, what is the crisis, the homes was destroyed near where very encouraging, but there has been a what, exactly, is next. In some ways we two people were killed. backlog in getting the funds that Con- don’t know, but there are things that

VerDate Aug 31 2005 04:39 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.158 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8383 we can do immediately to take imme- we conducted in the 1990s, we had a 226 budget surpluses. Those surpluses were diate action to prevent this crisis from percent increase over 8 years. Pretty forecast as far as the eye can see. getting worse. good. The Congressional Budget Office, We are going to have a discussion What’s happened over the past 8 which is an entity which scores over a about how we got here. We are going to years, because we have had a dramatic period of years what the expected sur- have a discussion about what we do shift in our economic policies over the plus is going to be, predicted that over now. That might be the most impor- past 8 years. We are going to talk the next 10 years, beginning in 2001 tant part. There is urgency to this. about what some of those policies were. through 2010, we would have a surplus Then we are going to talk about the That’s part of the subject matter that of more than $5.5 trillion. future. What are the long-term safe- is at hand with the Presidential race, I would ask the participants that are guards that we can put in place to the fact that we have two candidates here tonight, and anyone who might be make sure that this never happens with very different views on the econ- paying attention to this debate to- again? omy. night, to think about what the discus- That’s, for many onlookers, the One of them, Senator MCCAIN, has sion was in the presidential election of worst part of this whole process, the been a part of Congress for 26 years, 2000. We are a little less than 7 weeks fact that we had safeguards in the mar- was involved in the economic policies away from a major election here in this ket that were supposed to work, that of the past and wants to continue the country, presidential election, and you were supposed to prevent this from policies of the past 8 years into the fu- see what the debate is about. happening, and those safeguards didn’t ture. Let’s talk about what were the In the 2,000 debate between then Gov- work. Then, as it applies to the securi- policies of the past 8 years, and what ernor Bush and then Vice President ties industry and some of the was the impact? We are talking about Gore, the discussion was what are we leveraging that was taking place in the the stock market. going to do with this enormous sur- market, we have the fact that it was a Well, the stock market today is al- plus? We are awash in cash. We have a completely unregulated market. most exactly where it was 8 years ago. $5.5 trillion projected surplus over It was a free-for-all, and it wasn’t It’s flat lined. It’s gone up less than 1 what were then the next 10 years. And that there was deregulation that took percent. Now that’s not 1 percent a we’ve just had 4 consecutive years of place, in many cases these were mar- year over 8 years, Mr. Speaker, that’s budget surplus. So the discussion was, kets that were never regulated to begin less than 1 percent total over the are we going to pay down the debt? Are with. It was a laissez-faire attitude course of the entire 8 years. we going to shore up Social Security? that this administration had, and the The previous 8 years the stock mar- What are we going to do with this free-for-all that took place that led us ket went up 226 percent. The next 8 money? Imagine what we could have to where we are today and how are we years, the current administration’s done. We have had a debate on energy going to fix that, moving forward into time in office, it’s gone up less than 1 over the past several months, culmi- the future. percent total over that entire period of nating with a vote last night in this So with regard to the economy, those time. House. What could we have done in the are the three things we are going to do, It does not look like things are going past 8 years with $5 trillion if we had talk about the mistakes that were very well moving towards the future. chosen to dedicate that money to find- made in the past that led us to where Hopefully that will correct itself, and ing an alternative source of energy, we are today, talk about what this we will see some gain in the stock mar- getting us off of our dependence on for- Congress is going to do, hopefully in a ket moving forward. eign oil? bipartisan way, working with the ad- The point is, the decisions that are ministration, because there is nothing made by this Congress, and the deci- b 2045 more important than getting this crisis sions that are made by whatever ad- There are any number of things that solved. What are we going to do in the ministration is in power, do have a we could have used that surplus for. We near term to solve the problem and very real impact on our economy. They could have nearly paid down the entire move forward? Then, what are we going make a difference. national debt. One of the largest line to do to ever prevent this from hap- When you look at the fact that we items in the Federal budget today is pening again. have had 8 straight months of job interest on the national debt, $240 bil- To begin that discussion, I would ask losses, this administration, over the 8 lion for 1 year. What could we do with the participants in the debate to take a years, is going to have the worst record $240 billion if we had paid down the na- walk down memory lane with me while of job creation of any presidential ad- tional debt and didn’t have that line we talk about where the stock market ministration since Herbert Hoover. item in the budget? was 8 years ago. I think that now, now That’s not a good record, 8 straight Well, that was 8 years ago. We are that we are in the crisis we are in, it’s months of job losses. It does not look not having that discussion anymore be- fair to compare periods of time. Let’s encouraging for the next several cause instead of those four straight compare the past 8 years to the pre- months. But it is the worst record of budget surpluses we had at the end of vious 8 years. job creation over an 8-year period for the Clinton administration, we have In the 8 years of the Clinton adminis- any administration since Herbert Hoo- had eight consecutive budget deficits. tration, the stock market in this coun- ver’s administration, and we all know And the parting gift that President try went up 226 percent, 226 percent in- what happened there. That’s not good. Bush is going to leave to this country crease in 8 years. Now, what is that by Our financial industry is in crisis. as he leaves office is the largest single- the historical average? You say, I don’t It’s in melt-down mode. Now we can year budget deficit in this Nation’s his- know, is that a lot, is that a little? turn that around. We can take steps, tory, more than $480 billion for 1 year. What is 226 percent? working as a Congress and working So we didn’t have the $5.5 trillion Well, the historical average is an in- with the administration to turn it surplus. No, we had a $4 trillion debt crease every year of 11 percent in the around, and we are going to make the over the course of 8 years and count- stock market, and that’s the historical difficult decisions that need to be made ing, unfortunately, because now, in- trend. It doesn’t matter if you have a to put our house in order and get mov- stead of surpluses with no end in sight, Republican president and a Democratic ing in the right direction. we have deficits and debt with no end Congress, a Democratic president and a But when you look at what the mis- in sight because of the economic poli- Republican Congress, both chambers takes were to get us to where we are cies that have been conducted over the represented by the same party, regard- today, let’s take a look at the national past 8 years. less of that, over time, no matter who debt, same deal. We will compare the Part of the problem, among many is in control of the White House and previous 8 years to the current 8-year’s problems that have developed with the Congress, the average annual in- administration, and I think that’s a these policies, is the turmoil you are crease in the stock market is approxi- fair comparison. seeing in the market right now, is the mately 11 percent. In the 8 years in the When President Clinton left office, stock market, the low U.S. dollar, 1990s, and the economic policies that we had just had 4 consecutive years of which one of our previous speakers was

VerDate Aug 31 2005 04:39 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.161 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8384 CONGRESSIONAL RECORD — HOUSE September 17, 2008 talking about. We are going to get to families in this country that are going House, and look at what has happened. that. to get that bill in the mail while we are Look at what has transpired in the I have talked about this before, and bailing out the big corporate execu- past 8 years with President Bush. my colleagues in the 30-Somethings tives. The only sign of any movement in have heard me mention this before. If We are going to continue that discus- another direction is when the Demo- you had said to an economist as Presi- sion, but rather than give a monologue, crats took over the Congress a year dent Bush was taking the oath of of- the gentleman from Ohio (Mr. RYAN) is and a half ago, with issues getting ve- fice, ‘‘We are expecting a $5.5 trillion here, and I would like to welcome him toed by President Bush. But look at surplus, but what would we need to do to the discussion and yield to him. what has happened over those years. to have a $9 trillion swing from posi- Mr. RYAN of Ohio. I thank the gen- My point is, before I yield to the gen- tive to negative in the debt? What tleman, and I appreciate you coming tleman from Pennsylvania, is that we would have to happen?’’ That is going down here and anchoring the 30-Some- don’t have to think about what Amer- from $5 trillion in the positive to $4 thing hour. ica would look like with a trillion in the negative, a $9 trillion I think it is important as we are neoconservative Republican agenda. swing. If you asked what would we talking about the financial issues just We know. It has been implemented. have to do from an economic perspec- over the last couple of days, and I And for all of our friends on the other tive if we were trying to have a $9 tril- think you laid it out pretty well, a 500- side of the aisle to somehow erase his- lion swing, what type of policies, well, point drop and then a 100 or so in- tory like you can erase your computer any economist that you asked would crease, and then a 450-point drop today, memory and think that the American have said that is impossible. You these are markets that are so desta- people don’t remember that they were couldn’t possibly mismanage the econ- bilized that we are losing companies in charge for all of these years and im- omy to such an extent you are going to that were established since before the plemented their health-care policy, have a $9 trillion swing. Well, unfortu- Great Depression. The only financial their energy policy, their education policy, their foreign policy, and where nately, we have. house that seems to be left is the De- Now, I know there are those who will partment of the Treasury. And this has we are today on all of those issues, you say, well, it wasn’t the administration been because of the lack of regulation don’t have to believe me, you don’t in the 1990s that were responsible for on the markets, period, dot. have to believe NANCY PELOSI, Mr. the enormous surpluses, it was the Re- It may be convenient, Mr. Speaker, Speaker, you don’t have to believe publican Congress. And people who to say we need to deregulate. You need , these are two diamet- look at history might say it was Presi- law and order in order to build a cap- rically opposed philosophies on how to govern. dent Bush the First who put into place italistic system. The capitalistic sys- As you stated, in the 1990s with the pay-as-you-go budget scoring. And pay- tem doesn’t come first. The magic with Democrats in charge of the Congress capitalism was that we had courts in as-you-go budget scoring is one of the and the Presidency, it passed a budget place and regulatory bodies in place to factors that led to the record surpluses that led to the greatest economic ex- make sure that contracts could be en- we had in the 1990s in contrast to the pansion in the history of the country, forced, to make sure that investments record deficits we had in the 1980s. 20 million new jobs. And you look at Unfortunately, one of the things that were sound, not necessarily the deci- what President Bush did with the Re- one of the previous Congresses did sion that each person in the country publican Congress: Took us right off right after President Bush took office would make would be sound decisions, the cliff. was to do away with pay-as-you-go. not that every loan that they would We were talking about in the Clinton What is pay-as-you-go? Pay-as-you-go take out would be sound, but there years what we were going to do with budget scoring is what we do in our were precautions in place to make sure the surplus. One of the debates that home checkbooks, what every Amer- that this whole operation was sta- President Clinton pushed forward was ican does in their bank accounts, and bilized and regulated. save Social Security first. So he was what every business in America does And you look at what happened to going to take this money and put it with their balance sheet. It is very sim- the savings and loan industry in the into the Social Security fund so we ple. You have to have money on one 1980s, and you look at what is hap- didn’t have all of these IOUs for all of side of the ledger if you want to spend pening now; it is because there wasn’t these years. it on the other. the proper watchdog in place. Now the question in Washington and Unfortunately, we did away with that I think putting the Republicans—as in Youngstown, Ohio, and in Georgia in this country after the 2001 turn of you stated earlier, there may be a dif- and in western Pennsylvania, here is the administration, and that has led to ference between some of our friends on the question: What if the Republican decisions being made where nothing the other side of the aisle a few years Party had their way when they wanted had to be paid for, just charge it to the back and the ones today—it is like put- to privatize Social Security? Imagine, credit card. Whatever spending you ting a drunk in charge of the liquor with everything that is going on in the want to do, don’t worry, we don’t have cabinet, putting the Republicans in market today, if President Bush and to have an offset anymore because we charge of Wall Street. I mean, let’s be Senator MCCAIN and all of the House don’t have pay-as-you-go. So if you honest. Total deregulation. Republicans who were down here on want to increase spending, put it on The whole answer was, well, we will the floor fighting for a Republican pri- the credit card; somebody will take deregulate everything, and we will vatization scheme for Social Security, care of it. have competition. In Ohio, it was de- imagine if that last base security sys- The problem is that eventually the regulate energy, and it led to an in- tem that you have in place here, the bill comes due. This leads me to where crease in prices. That’s what has hap- American people have in place, was all we are today; the bill has come due. pened. in the stock market today? Just think Anyone who has seen what happened So we have this destabilized market about what a radical idea that is. with Wall Street over the past several here in the United States now, not Mr. ALTMIRE. The gentleman sets months and certainly over the past few knowing what is going to happen from me up perfectly because that is exactly days can see that the bill has come one day to the next, losing businesses the point I was going to try to make. due. And, unfortunately, it is the that were around since before the When the gentleman from Ohio was American taxpayer that is now going Great Depression. A long history of talking about the policies of the past to have to pick up the bill. stability has been destabilized by the Congress and this administration and And because of the decisions that Republican agenda. things like the energy bill of 2005, we have been made to bail out the cor- Now, look at all of the different have empirical evidence, what is the porate executives and the big Wall things that have happened. I think this result when this Congress took action, Street financiers instead of middle- is the issue, the point. In 2000 the Re- passed, sent to the President and was class Americans, it is middle-class fam- publicans controlled the House, the Re- signed into law? Well, gas prices sky- ilies in this country that are going to publicans controlled the Senate, the rocketed, dramatically increased our have to pay the bill. It is middle-class Republicans controlled the White dependence on foreign oil.

VerDate Aug 31 2005 05:37 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.163 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8385 So what is the impact on our econ- happens, like a major insurance com- We have a regime in place, in the per- omy by the economic policies that pany or a major investment company sonalities of George Bush and DICK were carried out under this administra- or a major bank, it’s like Washington, CHENEY, that can’t be described in any tion? You could not have more of a D.C. will step all over each other as to other way than radical because we’ve stark contrast in evidence, the way who’s going to help them first, who’s got to go back to some basic principles that the economy boomed in the 1990s going to bail them out, who’s going to of our country, some basic values, the and what we are seeing here in the last give them something to make every- basic values that we were founded on, 8 years. thing all right. And I don’t want this to of thrift and sacrifice, of investment, of As I mentioned earlier, the economy sound like we don’t understand the rip- opportunity for all. over the past 8 years is driven by the ple effect of what could happen if some But instead, what we’ve seen in the stock market, and the stock market is of these entities aren’t helped. We un- last 8 years that this administration up less than 1 percent over 8 years, al- derstand that. has pushed and promoted was a greed most exactly today where it was 8 But when it was the average person and gamble, immediate gratification, years ago. who made a mistake with their housing the theory that I want it now, and I’m The point I was going to make is we loan, hey, you’re on your own. Pull not paying for it; my kids or your kids can lament, as the gentleman and I yourself up by your bootstraps. or somebody else is going to pay for it have done many times, the policies of Well, Lehman Brothers, you pull later. the past and look for ways that we can yourself up by your bootstraps. Merrill To have these tax cuts and prosecute solve the problem moving forward. But Lynch, you pull yourself up by your a war immediately turned this coun- let’s not forget a crisis that was avert- bootstraps. try’s budget upside down. So you start ed by the American people, a policy I’m not saying you don’t need to take with that failure. And we’ve been run- that was thankfully not carried out. responsibility for your actions because ning behind ever since. This President, in the previous 6 you certainly do. But when we needed Then you forget about the lessons of years in Congress before the new ses- to help 10 million kids get health care the past. Now these guys wanted to re- sion came in, tried desperately to pri- through the State Children’s Health In- verse everything that’s happened for vatize Social Security. President Bush, surance Program, President Bush says the last 70 years, since the thirties. We you’ll remember, around 2004, 2005, and we don’t have the money. $35 billion came through the roaring twenties. We Vice President CHENEY traveled all over 5 years. We spend $10 billion a had our Calvin Coolidges, we had our around the country with their dog-and- month in Iraq, but the President and a Herbert Hoovers, and we paid dearly pony show and charts and graphs talk- small group of radical Republicans in during the thirties because we under- ing about Social Security, privatizing the House said we don’t have the stood at that point that we’re going to Social Security, putting some of the money for this. It’s too much. It would give up a little bit of the upside so that money that is supposed to go, as it has be 31⁄2 months in Iraq. we don’t have the misery of the down- always gone, into the pockets of senior But if something like this happens side. But those lessons were lost on our citizens and instead putting that in the where we have all this, a big major fi- friends in the White House. private market. nancial company, something happens, They said, no. Let’s not have any We already have ways to invest in well, here we are, all of a sudden we’ve kind of regulatory, any kind of con- the private market, and we certainly got more money. straint on the system. encourage people to do that. And one of Think about what the Republican Mr. RYAN of Ohio. Can I add one the things that we are going to do mov- Congress and Republican President did point? ing forward is figure out a way to fur- to our financial situation, not just how Mr. PERLMUTTER. Yes. ther incentivize private savings they destabilized the markets. I don’t Mr. RYAN of Ohio. DICK CHENEY said through 401(k)s and IRAs and all the know if you got into this, Mr. ALTMIRE, debt doesn’t matter when he first got rest. The point is that is not what So- before I got here or not. But think into office; debt doesn’t matter. cial Security is for. about what they did. They raised the Mr. PERLMUTTER. Debt does mat- If there was ever any doubt that was debt limit five times. Maybe six. I may ter. And my friend from Pennsylvania a good idea, and the American people be missing one. Five times. They bor- was talking about how each of us has certainly cast judgment upon that, rowed $3 trillion from China, Japan and to live with the debt that we develop, imagine, I would ask my colleagues OPEC countries. or our borrowing affects us. It affects when they go back home and talk to Now you want to talk about putting this Nation. This Nation has been on a their constituents, imagine if you had the next generation behind the eight- drunken stumble through Wall Street to retire and you reached the age at ball, go borrow $3 trillion from our big- down Main Street. which you were going to start to claim gest competitor in China and watch Instead of doing the sacrifice and the Social Security at some point in the them wipe out manufacturing in Penn- thrift, we’ve been borrowing and spend- past 8 years. sylvania, in Ohio and all over the in- ing. And I say we. George Bush, DICK If you were retiring in 2000 and that dustrial Midwest. CHENEY and the Republican Congress stock market had just gone up 226 per- Don’t regulate the markets. Don’t in- established this kind of an approach, cent over the past 8 years, boy, that vest in education. Make tuition costs and it has set our country back so that was a great deal. That was quite an in- go up 8, 9, 10 percent a year all over the we are a Third World Nation, bor- vestment. It would have worked out country. The Pell Grant was almost rowing from China, borrowing from the just fine for you. But if you are one of meaningless. Student loans were 6.8 Middle East, borrowing from our the millions of Americans who would percent last year. friends in Europe. And we really are be- have qualified for retirement age in the All of these issues add up to saying hind the eight-ball because when they past 8 years, maybe that wasn’t such a they weren’t paying attention. Their don’t loan we have trouble, a la, we’ve good idea after all. You wouldn’t have philosophy of government just doesn’t had AIG which we’ve had to bail out; even got a cost-of-living adjustment. work. That’s what this whole thing Fannie Mae, Freddie Mac, and on down You would have flat-lined. says. the line. Bear Stearns. We’re joined by the gentleman from We’ve had a radical regime. We can’t b 2100 Colorado, the host of the Democratic have this radical kind of an approach And that’s certainly unacceptable National Convention. I yield to Mr. anymore. But JOHN MCCAIN wants to with our Social Security. PERLMUTTER. subscribe to what George Bush and I would yield to the gentleman from Mr. PERLMUTTER. I thank my DICK CHENEY have been pushing on this Ohio. friend for yielding. It’s a pleasure to be country for the last 8 years. This coun- Mr. RYAN of Ohio. The point I want here with the 30-somethings, even try can’t handle that anymore. to add to what you’re talking about is, though I don’t fit into that category We have to have a change. And we what if this would have happened? and haven’t for some time. But this have to have a future that really looks It seems like we always have people subject is so important, what you two at new ways to develop our economy in Washington, if something major are talking about tonight. and understand that there have to be

VerDate Aug 31 2005 05:37 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.164 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8386 CONGRESSIONAL RECORD — HOUSE September 17, 2008 some constraints. The free market way here if we don’t act. Again we were ject, compare the economic policies isn’t perfect. It works well, but it isn’t told, well, we’re not interested in in- that have led us to where we are today perfect because we all have some ten- cluding that in the stimulus. through President Bush and what Sen- dencies that go against those basic And guess what happened? ator MCCAIN is proposing to those principles of sacrifice and thrift and in- Now there’s a multibillion-dollar three presidents I mentioned. vestment and opportunity for all. bailout of Fannie Mae and Freddie Mac And I would just say, before I trans- So what I look forward to, and that’s taken place. The government ac- fer to Mr. MURPHY from Connecticut, intends to develop, is a tually had to come in and take over or Mr. RYAN, if you wanted to com- new energy economy. That will put a those two GSEs. ment, but I get asked a lot recently, lot of people back to work, and it’ll Mr. RYAN of Ohio. I just love how about bailouts of these three big com- help us so we aren’t hooked on one our friends say, oh, this is going to be panies, Fannie Mae and Freddie Mac product and subject to ransom when we socialism. You try to provide health and then AIG and Bear Stearns before; go to the gas pumps. care for 10 million kids. It’s going to be and what’s the reason that we picked We’ve got a lot of work to do ahead socialism. We can’t do that. those while we let Lehman Brothers go of us because these guys, in 8 years, Or if you try to provide any kind of under, and who’s minding the store have turned this country upside down. preventative health care for women, here, and why are these decisions being We can’t allow it anymore. it’s going to be socialism. Don’t you made, and who’s next. What’s the next We need a change and we need a new dare do it. shoe to drop is what you hear. direction, and we need it right now. But then we’re taking over major in- This is a systemic problem. This is Luckily, we’ve got an election coming vestment groups, financial groups, just not a problem with individual fin- in 40 days or 48 days. And this country taking them over. Here’s billions of anciers. This is not a problem that can renew itself, can rejuvenate itself. taxpayer dollars. We’re now investors Bear Stearns had all on their own or That’s the promise of America, thank in all these things. AIG had all on their own or Fannie But we want to invest in the 10 mil- God. That’s the promise for America. Mae and Freddie Mac. This is a system- lion kids, Mr. ALTMIRE, and we don’t Mr. RYAN of Ohio. A lot of us were wide problem that needs to be dealt have the money to do that. with, and we can’t continue to take a saying in the 2004 elections that if you Mr. PERLMUTTER. Would my friend piecemeal approach and decide on a re-elect President Bush, you will not yield for a second? recognize this country in 4 years. And Mr. RYAN of Ohio. I would be happy day-by-day basis who survives and who sad to say, here we stand, here we sit in to yield. doesn’t. America thinking, you know, the stock Mr. PERLMUTTER. But that goes to Well, Lehman Brothers, you can go market is under 10,000, unemployment another basic value that they have under. We’re sorry. But today we’re is up again. We borrowed $3 trillion. that just is wrong. They want to focus going to bail out AIG, the next day. We can’t continue down that road. President Bush and the Republican on the wealthiest 1 percent. They don’t We have to address the systemic root Congress have borrowed more than any care about the 99 percent of hard- of the problem to prevent this from previous administration in Congress, working Americans who are affected by happening. The first thing is to sta- combined. Still $10 billion a month in this. It’s hardworking America that bilize. Iraq, and no end in sight with what’s are going to have to pick up the pieces I’ll go to Mr. PERLMUTTER, and then going on. It’s getting to the point after this administration. And really we’ll go to Mr. MURPHY from Con- where we can’t recognize what we’re it’s going to take all of us, in concert, doing, and it’s critical what’s hap- necticut. together, pulling together, like only Mr. PERLMUTTER. I’d just like to pening to this country. It’s sad what Americans can do, to deal with the make two points. And it is the admin- they have done. shambles that we have, whether it’s istration that is choosing who lives and Mr. ALTMIRE. It’s worth men- the way people were treated with tioning, both of the gentlemen, I’m who dies. I mean, this really is about Katrina, the fact that we have bridges winners and losers, and this adminis- sure, remember, early in this session of falling down in Minneapolis, I mean, Congress, in the beginning of 2007, we tration is choosing Bear Stearns, does this is a time when we all have to pull not choose Lehman Brothers, chooses wanted to work with President Bush on together, and we have to look forward. a way to stabilize and shore up Fannie Fannie Mae, doesn’t choose Merrill We can’t go with the same old poli- Lynch, chooses AIG. Mae and Freddie Mac. We, as a Con- cies, the same old approaches of the gress, went to the administration and Grand Old Party. It just doesn’t work. b 2115 said, look, there’s going to be trouble We’re in a new century, and it is time It is not a congressional action. down the road if we don’t take action. for some new ideas because we’ve got These are happening within the admin- Will you work with us on that? And to move forward. istration. They’re making these President Bush said, no, I’m not inter- Mr. ALTMIRE. The gentleman re- choices. Now, maybe we would agree, ested in that and I won’t support that. minds me of a point, which I meant to but we’re not given that chance. So away we went. bring up, that I’m amused when I hear They’re doing these things overnight. And then we came to the beginning the discussion about, is JOHN MCCAIN’s Now, there’s a Latin saying, ‘‘Res of 2008, the economy starting to take a economic policy identical to George ipsa loquitur.’’ Now, many might say, dramatic turn for the worse, so work- Bush’s economic policy? Is he a third what the heck does that mean? It ing together in fairness, in a bipartisan term of George Bush? means, the thing speaks for itself. way, the House and Senate, with the The fact is, readers of history will What’s happened in this Nation with administration, Republican and Demo- know, actually, if you go back and look these two guys, these two oilmen in crat alike, and we put together very at the economic policies of Warren the White House leading the charge, quickly a stimulus package to put Harding and Calvin Coolidge and Her- this country has turned upside down. money immediately in the hands of bert Hoover, you’ll find a lot of simi- And they may want to spread the people who needed it, who were going larities in what happened over the pre- blame to whoever. You know, Harry to put it into the economy, get the vious 8 years, the mistakes that were Truman had the old saying, ‘‘The buck economy jump-started, and it worked. made with the lack of regulation. stops here.’’ Those guys would like to If you look at the second quarter, we I talked earlier that it wasn’t, for the spread the blame. They’re the leaders, had an up tick in the economy because most part, deregulation. It was non- and they’ve led us down this path. of the work that this Congress did. regulation. We didn’t take regulation JOHN MCCAIN wants to follow that Well, part of the stimulus that was away that existed. There was just Bush path. He’s trying to run away not included, we, again, went to the ad- never any regulation at all; very simi- from it now, but his votes were with ministration and said, you know what? lar to what took place in the 1920s, the Bush administration over 90 per- Can we revisit that issue that we asked leading up to the calamity of the Great cent of the time. We have to have a you about a year ago? Can we revisit Depression. change. the Fannie Mae and Freddie Mac issue, So I would ask readers of history and Mr. RYAN of Ohio. And how many because we really see trouble on the people who are interested in this sub- times do you hear our friends on the

VerDate Aug 31 2005 04:39 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.165 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8387 other side say, ‘‘Government shouldn’t level, a representation of American regulation or lack of regulation, what- pick winners and losers,’’ ‘‘Government economic power throughout the globe, ever the case may be, and then ignore shouldn’t pick favorites,’’ you know, economic power that has been so great- the warning signs, as Mr. ALTMIRE ‘‘Government has no business picking ly compromised by this administration stated, with Freddie and Fannie, ignore out this kid should succeed and this as we have sold this country to foreign the warning signs about the mortgage kid’s not going to have the same oppor- banks and foreign governments, that crisis that’s coming, and to then also tunity,’’ ‘‘Government has no role part of the reason, I think, that we to have as a part of your philosophy, there’’? Unless it’s Wall Street. have decided to choose AIG is because deregulation, ignore the warnings, let’s Now, who do we need to help to keep we are in such a precarious situation put Social Security in the stock mar- things rolling? And as we’ve said, I’m with regard to all of the foreign lenders ket too. That is the Republican agenda. not saying that this is necessarily and foreign governments that hold our We, with the 30–Something Working right or wrong. What I am saying is currency, that hold American money Group, started to fight President this is a pretty complicated mess that through the $9 trillion, $10 trillion that Bush’s Social Security privatization we are in. And we’re not saying that we have given out in notes through the scam. The first time I walked on this you shouldn’t get the buckets and go Federal debt, that we are now in a cri- floor to speak was 4 years ago or 5 down to the river and fill them up with sis position, that when an American years ago when President Bush wanted water and throw water on the house firm that is a representation of our to start the Social Security privatiza- that’s burning. That’s not what we’re power across this globe comes under tion, and then-Minority Leader PELOSI saying. What we’re saying is you’re threat, we have to prop them up. Be- asked KENDRICK MEEK and I to come supposed to have a fire code, and you’re cause if we are seen as economically here and to combat it. supposed to have fire trucks, and weak around this globe, those coun- Now, can you imagine if they had you’re supposed to have, you know, gas tries are going to start calling their won that battle down here, that monu- in the fire truck and equipment for the notes, those countries are going to mental battle? Your parents’ and firemen. start asking for their money back. grandparents’ Social Security would Mr. PERLMUTTER. And the best And that’s when the real economic now be sitting in Wall Street in a de- firefighters you can have. ruin happens, when the $9 trillion that regulated market that looks like the Mr. RYAN of Ohio. And the best fire- we have out to lenders across this Wild West with a Starbucks, is what it fighters you can have. globe, the record amounts that foreign looks like. Mr. ALTMIRE. And when I go back Mr. MURPHY of Connecticut. The governments hold, when they start to to western Pennsylvania and they hear Wall Street fire department is well- call in that money that the Bush ad- the word ‘‘regulation,’’ small busi- equipped. The Main Street fire depart- ministration and the Republican Con- nesses and families, they get a little ment, it’s gone underfunded and under- gress sent out to them in record defi- nervous, rightly, because in a lot of manned and unequipped for the last 12 cits and record debts, then we’re in real ways we are over-regulated in this years, particularly for the last 6 years. trouble. We were very quick to go and help country. And so part of the reason I think And I want to just, before we close out our friends on Wall Street, but ev- we’re standing here and trying to an- erybody sat here with their hands, you here, I want to make sure everybody swer the question as to why AIG is at understands what we’re talking about. know, on their seats, tied behind their the top of the headlines is because we backs, when all these families needed a We’re not talking about the small busi- are trying now to make up for the ter- nesses. We’re not talking about the little help, when a kid who couldn’t get rible economic policies of the Bush ad- small corner bank. We’re talking about an education in an inner city needed to ministration that JOHN MCCAIN seeks the huge Wall Street financier, the access the apparatus to opportunity to perpetuate. conglomerates, these people who are that all the rest of us had, when that Mr. PERLMUTTER. What I was getting the $30 billion golden para- small business that was about to go going to say is we are in a predica- chutes when the CEO gets canned. under because it couldn’t find the ment, and there is a crisis of con- The small businesses in this country, health-care insurance to keep its em- fidence, both domestically as well as the reason you’re having trouble in the ployees on staff needed a little assist- around the world, because of so many credit market right now, the reason ance. The little guys, when they needed steps that this administration has you may not be able to get loans for the fire trucks, they weren’t there. But taken, whether it’s to go into Iraq, capital development and whatever else when the big guys needed them, they whether it’s, you know, how we dealt it is that you’re working on is because got there. with Katrina, all of this mismanage- the intra-bank lending, the staple of And so I think you’re exactly right, ment and unregulation or nonregula- our economy, bank-to-bank lending, is it’s just a matter of consistency. Lis- tion or anti-regulation of the financial frozen. The credit market is in crisis ten, government certainly can be an markets. and it’s frozen, and that’s affecting agent of help to people who need some The good news, the good news about small businesses. assistance. But it shouldn’t just be the our country, the good news about Mr. MURPHY of Connecticut. I just big Wall Street firms. It should be reg- America and Americans is that, with wanted to throw something on top of ular, average, everyday families out good leadership, we can do anything. that, just to give you an example. there. Times of crisis are also times of oppor- You’re giving one kind of example. Let And to Mr. PERLMUTTER, just a word tunity. With good leadership, we can me throw another one on, as to what it of warning. I know you’re sort of new have this new energy economy, we can means when you regulate the small to the 30–Somethings here, but we innovate, and we can be ingenious, and banks but you don’t regulate the in- don’t use Latin. It’s just a rule, and I we can imagine things that will really vestment banks, you don’t regulate the hope you will take that under advise- transform this country and this world. Fannies and the Freddies of the world. ment if you join us from here on out. That’s the kind of vision that is nec- Local banks are still in business, Listen, I thank my friends for letting essary, and we’re not going to see that largely, because they have government me join a little late here. I just wanted with the other side. Those are old poli- regulation—sensible regulation, some to maybe add one thought to this, and cies. Those are old answers. That’s the of it; some of it a little bit too much— maybe you have covered it already. old way. that requires them to be appropriately But I think people are searching today Mr. RYAN of Ohio. They had the op- leveraged. They have 4:1, 5:1, 6:1 lever- for the reasons, as Mr. ALTMIRE said, as portunity to do it. They were in charge age rates. Fannie and Freddie had 60:1 to why last night AIG got the brass of everything. leverage ratios, just unsustainable. The ring. Now, why did they get help and Mr. PERLMUTTER. And they investment banks that went under, Lehman Brothers didn’t and IndyMac couldn’t do it. In fact, they did just the Bear Stearns, 35:1 leverage ratios, didn’t? Exactly why did they get help? opposite. money they didn’t have. So that’s what Well, part of it I think is that this is Mr. RYAN of Ohio. Just to highlight we’re talking about here. a company that does tremendous inter- how radical of an agenda our friends on We need to do something about the national business. This is, at some the other side have, the one thing—de- regulatory burden that is crippling a

VerDate Aug 31 2005 04:39 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.167 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8388 CONGRESSIONAL RECORD — HOUSE September 17, 2008 lot of those small businesses. But we us, and I’m sure he’s going to have the new majority won that majority by need to understand that it’s really the something to say. He sat patiently saying such things as this that the peo- big guys that need to be part of the through the entire hour and listened to ple believed that they would actually conversation that the small businesses, us speak, and I know he comes from a carry on. the small banks have been a part of for different point of view. And I would en- I will tell you that this is not a rule. a long time. courage those interested in this topic They did not make this a rule. This Mr. ALTMIRE. That’s exactly what I to listen to what he has to say as well. was one of those empty promises. want to clarify, and I thank the gen- We’ve had many conversations about Let’s look at something else. Speaker tleman. this and the energy issue and other PELOSI in 2006 before they gained the We’re talking about asking the big things. So we look forward to hearing majority: ‘‘Bills should generally come Wall Street firms to comply with the him. to the floor under a procedure that al- same rules and regulations that the f lows open, full, and fair debate con- small business, that the corner banks sisting of a full amendment process have to comply with. Now, it’s not ex- ENERGY that grants the minority the right to actly the same, and we understand The SPEAKER pro tempore. Under offer its alternatives, including a sub- that. But I understand the fear that it the Speaker’s announced policy of Jan- stitute.’’ strikes in the heart of ordinary Ameri- uary 18, 2007, the gentleman from Geor- Since the new majority has been in cans when we start talking about the gia (Mr. WESTMORELAND) is recognized in 2007 and 2008, they have had over 60 word ‘‘regulation.’’ We are not talking for 60 minutes as the designee of the closed rules, which means that there about everyday Americans. We’re talk- minority leader. are no amendments, you can’t bring ing about what happens at the absolute Mr. WESTMORELAND. Mr. Speaker, your ideas here and have them openly top of the food chain. I don’t know how many people have debated. The last energy bill that was These large banks and institutions been watching the last hour, and I here was one of those rules. I might that you see right now that are tee- don’t know that I can straighten it out add in the 109th Congress when Repub- tering on the brink, the Lehman Broth- in the next hour. But I do want to start licans were in control, we had just ers of the world that are no longer part out with something that is kind of ele- about half of that amount in closed of the process now, and the ones that mentary, I guess, to most people, but I rules. we have to come in and bail out with want to explain the makeup of Con- Now here is the thing that I think an $85 billion bailout at taxpayer ex- gress. And excuse my penmanship. that most people will get a grasp on, Mr. Speaker. This was by Representa- pense, these are things we want to b 2130 avoid. So that’s what we’re talking tive PAUL KANJORSKI when he was in about. We are not talking about the The House consists of 435 Members. his hometown after becoming the ma- small businesses and the corner banks. The Democrats have 235, and that’s be- jority. He was in his hometown, and he Mr. PERLMUTTER. I just think one cause of the loss of the late Stephanie was asked about the Democrats’ prom- last comment I’d like to make is that Tubbs Jones. ise to bring back the troops from Iraq. there has been a transfer of wealth the The Republicans have 199 Members. And as he was talking—but this kind of likes of which we’ve never seen in this You can see that the Democrat num- relates to everything that has been country. Whether it’s to the big oil ber is larger than our number. said by them to gain the majority—be- companies or to some of the Wall To get anything passed in this body, fore he said this, he said, ‘‘In our desire Street firms and to other nations, that it takes 218 votes. You can see that the to win back the majority, we sort of has come out of the pockets of middle Democrats have more than 218 votes. stretched the truth and people ate it America. In the Senate, 100 Members; Democrats up.’’ And it is time that we come up with have 51, Republicans have 49. Well, you know, that’s something. new ways to power this Nation. It is The Democrats have had the major- But then we got to the point where time that we, this country, instead of ity in Congress since January of 2007. we’re at today with the energy crisis. living on a borrow-and-spend philos- And so what that says to me is that all In 2007 when the Democrats took over, ophy, which is what has been the Bush of the stuff that I have heard in the gas was about $2.10 a gallon. Unem- administration’s approach and is what last hour, Mr. Speaker, if they’ve got ployment was 4.5 percent. Today, gas is MCCAIN wants to pursue, that we start all the answers, why haven’t they been over $4 a gallon and employment is 6.1 remembering the values that made us brought to the floor? percent, but yet they want to blame so strong, of thrift and sacrifice and in- Now I’m sure that’s a question that the Republicans. Now they’re con- vestment, and opportunity for all, not many of us are asking because if they stantly blaming President Bush. I just a select few at the very top. are in control and they’ve got all of the don’t know, Mr. Speaker, but I have The focus has been on the top 1 per- brilliant ideas that’s going to save the never seen President Bush in this body cent. It needs to be on the rest of world, then why haven’t they brought casting a vote. America. And when it’s there, that’s them to the floor and put 218 votes up In fact, if you’ve studied your gov- when we’re strong. That’s when we are to pass it out of the House? That’s got ernment, you know that there’s an ex- that shining light at the top of the hill, to be a question on a lot of people’s ecutive branch, there’s a legislative the beacon at the top of the hill. minds. branch, and there’s a judicial branch. We are a great Nation, and we have Now in order to gain the majority, The legislative branch is responsible stumbled because of bad leadership there were some things said and some for making laws. over the last 8 years. But come Novem- things promised during the campaign Now if you go back to the first chart, ber 4th, things are going to change, and cycle that led up to the new majority. you can remember that they have more we will have a new direction. Here is one of their promises: ‘‘Mem- than enough to pass anything that Mr. ALTMIRE. I thank the gen- bers should have at least 24 hours to they want to in this body, and they tleman from Colorado. examine bill and conference report text control the Senate. Mr. Speaker, I thank the gentleman prior to floor consideration. Rules gov- So what is the problem? We don’t from Ohio (Mr. RYAN), I thank Mr. erning floor debate must be reported know. We want to understand why we MURPHY from Connecticut, and I thank before 10 p.m. for a bill to be considered are constantly being blamed. They the Speaker for allowing us this time the following day.’’ talked about the economic problems. to discuss the economic crisis in this This was Speaker PELOSI in a New They’ve been in control since January country. I think it’s safe to say that Direction for America, 2006. of 2007. They passed a housing bill that this is not the last time the 30–Some- Let me say that the sham of an en- gave Secretary Paulson the ability to thing Working Group will address this ergy bill that was brought to this floor do what he’s doing with some of these issue on the floor. yesterday was presented the night be- bailouts. The majority of Republicans And I would also say that I do look fore to the Rules Committee at 10:45. voted against that bill. So when are we forward to my good friend Mr. WEST- This is just a little example of what going to take some responsibility and MORELAND, who is going to come after we’ve been faced with and the fact that stop all of the blame shifting?

VerDate Aug 31 2005 04:39 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.168 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8389 We’ve got some Members here to- lon. Let me tell you that is $2.50 above going after energy supplies in our night that might want to explain some sustainability based on market condi- country. of that to you because it’s a problem tions and our economy. And something We need the alternatives, we need the when the people in control want to has to give. And the American people investment; but what are we going to blame somebody else for their prob- are on our side. And what happened do in the meantime while we’re bring- lems. I heard them mention the SCHIP. here last night was extremism and ing those to the marketplace? I’m not Why didn’t they proceed with it, con- radicalism trumped mainstream values talking about months; I’m talking tinue on with that leadership if they and positions for the American people. about years before we have those alter- thought that was the right thing to do Then I was asked today on National natives ready for the market. And rather than caving? No idea. I have no Public Radio why then would the ma- what do we do as a transition, a bridge idea. jority party tomorrow bring up this to get there? Increase capacity. Prices Why have they not done some of the issue of speculation in the marketplace will come down as we increase the ca- other things that they talk about that again on energy when we’ve already pacity. The energy that we have at our would help with the economic crisis voted on that earlier in the year. And disposal—and we need all of it, all that we find ourselves in today? Hope- the reason is they are reeling over across the Outer Continental Shelf, not fully we will give you some of those an- what happened last night where, as 50 miles offshore. It limits it to just a swers. Members are going to tell you and even little bitty amount, and then the law- Now I would like to recognize my call people by name, dozens of Demo- suits just will be filed. Four hundred good friend from the State of Ten- crats that cosponsored a reasonable and eighty-seven Outer Continental nessee (Mr. WAMP). compromise bill that we offered last Shelf permits are under litigation, im- Mr. WAMP. I thank the gentleman night in the only option we had to offer mediately sued by these radical groups. for yielding. an alternative, cosponsored this main- So to the average American, under- I want to start by saying I have been stream, compromise, middle-ground stand: extremism on policies like this, here in the House for 14 years, and I do bill and then voted against it so that locking up our energy resources, have not believe that either party has an ex- they could protect the liberal, Cali- brought us to our knees and we actu- clusive on integrity or ideas. I think fornia-driven, no-energy bill, which is ally have to have some kind of explo- that both parties have plenty to im- the equivalent of drinking out of a sion here on the floor of the House for prove on, but I wanted to come tonight straw when our country needs a fire the majority to let us unleash this and to say that not a single issue in many hose right now. Right now. send a bill to this President who will months, if not years, has so divided the And these hurricanes prove again any sign it. And they knew that last night two parties down the lines of what is refinery capacity lost, any natural dis- if they would have allowed their own best for America and what’s best for aster, any disruption can cripple our Members who cosponsored this bill to the special interests in this issue of en- country overnight. vote for it, we would have something ergy, because I really believe that ex- We need to diversify our supply, in- working through the Senate, the Presi- tremism is what is causing the major- crease our supply, have a robust, man- dent would sign it, and we would begin ity party to be in retreat from serving ufactured-driven economy where we production. And as soon as we go after the needs and meeting the needs of the are solving our own energy problems this new energy, the prices will come American people. and providing these solutions to the down. I’m talking about environmental ex- world. We can do it. I have got to tell tremists, and I say this with great re- you we have candidates at the Presi- b 2145 spect because I think conservation and dential level, here in the Congress, that Now, that’s where we’re at. preservation and environmental re- are willing to do this. But last night we And I hate to just be that critical of sponsibility are very important. And I were stymied by a majority that’s in the other side, and I rarely am, but to- have an excellent record of supporting the back pocket of the extremists. And night, this is the moment. And we’ve all of the alternatives on energy as the that’s the truth. got to keep this issue out there because cochairman of the Renewable Energy Now I am about as nonpartisan as they’re looking for ways to cover it up and Energy Efficiency Caucus here in anybody can be in this body and be in and go home. And tomorrow, it’s the House for 8 years. I have helped one party or the other, but that is now change the subject. It’s about specula- lead the tax incentives for renewable happening, and it’s very frustrating be- tion, or then it’s going to be about and energy efficiency programs, helped cause people are calling me from all price gouging, or all of these diver- put it in the Energy Policy Act of 2005, across my district saying, ‘‘Why are sionary tactics to keep the American one of the most significant develop- you not doing something about it?’’ people thinking that it’s something ments in the history of our country for And we are trying. other than production. these alternatives, and I believe in Last night was a closed rule. No op- And right now it is production. We these programs. tions, no alternatives except the one need to go after it. The American peo- But I have to tell you, when it comes alternative, which was a bill sponsored ple get it, but we need to let them time now at this critical moment in by Members of both parties, written by know exactly what happened here this American history for new energy ca- Members of both parties. And the very week in the House of Representatives. pacity and new production at a time people that sponsored it in the major- Mr. WESTMORELAND. I thank the where the prices for consumers are ity party voted against it so that they gentleman from Tennessee. unsustainable, environmental extre- could protect themselves. And I wonder if the $9 billion bailout mism, which is a special interest— And then tomorrow they’re going to of IndyMac, the $29 billion bailout of when you look at the Environmental then change the subject to try to get Bear Stearns, the $85 billion bailout of Defense Fund and Sierra Club and all the message back on Wall Street in a AIG, the $200 billion bailout of Fannie of these entities that are filing suit to week where Wall Street, obviously, is Mae and Freddie Mac, which, under keep our country from going after new suffering more and more losses, and I that bill, is some of the ability that supplies, which does directly bring will guarantee you the conservatives in they gave Secretary Paulson to do prices down for regular people who are this body, people like me and the peo- some of these bailouts. Also, the $300 hurting badly, then extremism and spe- ple on the floor tonight, are not sup- billion exposure that they gave the cial interests are trumping the will of porting bailouts and not supporting American taxpayers to expand the FHA the American people. propping up corporations that lent to refinance problem mortgages, and And that’s where, frankly, a very lib- more credit than they should have. now they’re talking about a $25 billion eral mindset from places like Cali- We’re not for bailing out anybody, and bailout for the automakers. So the gen- fornia should not dictate national pol- they’re going to try tomorrow to con- tleman from Tennessee has some great icy that impacts consumers in Ten- vince the American people that this is points. nessee. And that is happening today. still all about Wall Street investors But let me speak to the energy thing Monday, the price of gasoline in running up the price of oil instead of that he mentioned. In the bipartisan Knoxville, Tennessee, was $4.99 a gal- the radical groups keeping us from bill, there were 25 of the 35 Democrats

VerDate Aug 31 2005 04:39 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.169 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8390 CONGRESSIONAL RECORD — HOUSE September 17, 2008 that sponsored this bill that voted As the gentleman from Tennessee free republic, we live in a democracy against it; they were actually cospon- talked about, we want a bridge. We for a reason; that the will of one person sors. But let me tell you where a little want a responsible transition from will not be imposed upon any sovereign of this makeup comes right quick. where we are today to where America citizen of the United States, certainly Energy crisis: ‘‘There is no energy becomes energy-independent and se- not by the subservient Members of crisis on our side of the aisle.’’ And cure. We believe we need maximum Congress because we work for these that was from a Democratic House aide American energy production, common- people. These people are our bosses, that was written in the on Au- sense conservation, and free-market, and they want their voices heard on gust 5, 2008. Also, according to Speaker green innovations to provide that re- the floor of this House. And on an issue PELOSI, ‘‘If Democrats relented on sponsible transition that does not as critical as American energy and how drilling, then we might as well pack it allow for the callous infliction of eco- we transition to a secure future not up and go home.’’ That was from July nomic pain upon the American people. only for ourselves, but more impor- 11, 2008. Then we’ve got, ‘‘This is a po- And when you think about what we tantly, for our children, they expect to litical month. There’s all kinds of hear in phrases like, ‘‘I’m trying to have their voices heard through their things we try to do that will just go save the planet, I’m trying to save the elected representatives. away after we leave.’’ And that’s Rep- planet,’’ what we’re really hearing is And as the gentleman from Georgia resentative . that the party that was elected to pointed out, we heard several promises And if I could, Mr. Speaker, I would lower our gas prices, the Democratic about what an open process this was recall you to the quote that Mr. KAN- Party, has made a subtle shift in what going to be, how every vote was going JORSKI said: ‘‘We kind of stretched the they’re trying to accomplish. They’re to count, how every voice was going to truth, and the people ate it up.’’ So now trying to break us off our addic- be heard and we would come together this makes me believe that what we’ve tion—not to foreign oil simply; they in a bipartisan fashion to serve the done here, just the sham that’s gone are now trying to break our addiction American people. And yet, what did we on, might be just to fool people until to oil. see? We saw a bill drafted in the dead after we leave. So, in short, their solution to the of night by a Speaker, handed to her ‘‘This is all about politics, not nec- problem of high gas prices is to make Rules Committee, no amendments al- essarily about policy.’’ And this comes sure that no one has access to any gas lowed, and voted, rubber-stamped by from Karen Whalen, who is with the at all. And that’s why another quote, her Democratic Congress, with no de- Natural Resources Defense Council, which I’m sure you’ll put up, is that bate on this floor, no dissent about that she spoke of in September. they have described, in their own amendments, no chance to offer alter- Democratic Senator MARY LANDRIEU, Democratic staff’s words, ‘‘Drive small- on the Democrats’ latest energy plan, natives, no committee process. Silence, er cars and wait for the wind.’’ This is said, ‘‘It is dead on arrival in the Sen- silence, in terms of input on this bill. not a responsible solution. And then we saw something that I ate.’’ So when they passed this sham of Like many people, when I was grow- thought I would never see. We saw 24 a bill last night so they can go home ing up—I’m 43—I remember something people who had co-sponsored a bipar- and say that they passed an energy called the ABC Wide World of Sports. I bill, even their own party in the Senate tisan bill, who had sang its praises to remember ‘‘The Agony of Defeat.’’ And recognizes that this thing is dead on their public and to the rest of the I used to like Evel Knievel. Now, there arrival. And some of the other com- American people, and they voted was one time when Evel Knievel, in- ments, it was just politics, it is elec- against it—and I didn’t really hear a stead of just jumping over cars and tion-year stuff. good reason put forward—so they could Now, this is the last quote I’m going busses—you know, he worked for a liv- pass a sham drill bill. to show you tonight from Speaker ing, it’s tough work; if you can get it, Now, we’ve heard a lot about why the it pays well—he was going to jump PELOSI, but her quote is, ‘‘I’m trying to Republicans didn’t do certain things save the planet. I’m just trying to save something called the Snake River Can- over the course of their majority. And the planet.’’ Well, we wish that her and yon. And I remember watching this on we paid a heavy price—and a rightful the Democratic majority would try to a little, tiny TV screen with my dad. price, as many of us have admitted. We do something to relieve everyday And my dad looked at it, just looked at were put into minority, from majority Americans of the pain at the pump Evel and his little suped-up motor- to minority status by the American that we’re facing, the loss of jobs that cycle, he looked at this enormous people, and we are learning a painful their economic policies that they’ve Snake River Canyon, and my dad said, lesson. But let us not forget the people passed since they’ve been here have ‘‘That boy ain’t gonna get there from who obstructed a sound, sane, produc- created, the fact that gas has been here.’’ tive American energy policy for the en- from a little over $2 to over $4, the fact And when I think of the Democrats’ tire time they were in the minority. that 17 of the refineries were closed energy strategy, whereby we have no They act as if they had no hand in it. down with Hurricane Ike and the 3,200 domestic production of our own nat- When we were in the majority, we drilling platforms because they are in ural resources from the Outer Conti- tried, we tried mightily. Many times the direct path of hurricanes, when we nental Shelf, from ANWR, from any- the House would pass legislation and it could be expanding our energy re- body else, anywhere else, and they tell would get to the Senate, yet the Demo- sources to the east coast, to the west us, we’re going to fix this with green cratic minority did everything they coast, to Alaska, where these hurri- technological innovations, it’s going to could to prevent the expansion of canes don’t normally hit. be magic, I think of poor Evel Knievel. American domestic energy production So keep in mind, Mr. Speaker, that The only difference is that, in trying to to the level sufficient that it would Speaker PELOSI is trying to save the jump immediately, cold turkey, from serve the American people and lower planet and not help the everyday our current petroleum-based economy the gas prices. The only difference now American that is feeling the pain at into some distant green future where that they’re in the majority is they the pump. we do not need our own domestic en- have to pretend that they’re trying to Now I want to recognize our distin- ergy resources, is we are not simply lower them. guished policy chairman of the Repub- taking the American people over the And that’s why, when you pass a bill lican Conference, the gentleman from Snake River Canyon, the Democratic out of this House called a compromise Michigan. majority is pushing them over an eco- bill when you have not talked to any- Mr. MCCOTTER. I thank the gen- nomic cliff. And they are already be- one on this side of the aisle about what tleman from Georgia. ginning to see where the abyss lays goes in the bill, it means it’s a com- And I think you’ve hit upon, with the every time they drive by and buy gas promise amongst yourselves. That is a quote from Speaker PELOSI about try- at the pump. unilateral compromise. So let’s be ing to save the planet, one of the fun- Now, as we heard about the process clear about who compromised with damental problems that we’ve run into last night, people think, why does proc- who. trying to come up with a sound energy ess matter? I don’t know. It seems to And then when it comes to the floor, policy for the United States. me that as a sovereign citizen of our it’s called ‘‘landmark legislation,’’ it’s

VerDate Aug 31 2005 04:39 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.171 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8391 going to create jobs. And if you vote tion, subcommittee action. The bill is clear energy? The very chairman of against this, you are a captive of Big reported, considered on the House their new global warming committee, Oil because you don’t want to lock up floor. Vote the bill. Refer to the Sen- the gentleman from Massachusetts, is 88 percent of America’s reserves? ate. the most anti-nuclear activist who I As our friend from Now, Mr. Speaker, this is if we were know of in the country, let alone in the Louisiana said, the Democratic ‘‘sham going through the proper process that House. They’re standing against nu- drill bill’’ might as well have been our Founding Fathers and people who clear and against a host of other alter- written by OPEC; it’s going to make had the idea—this is the process that natives, not just oil and gas. them a lot of money when America was set up, and this is what we teach It’s the idea of, if you don’t use coal doesn’t produce its own oil and gas. our young people that come to the Cap- and you don’t use nuclear and you And the best part is their unilateral itol. don’t use oil, the alternatives will compromise the Speaker cut with Now, I will show you the chart that somehow surface, but I’ve got to tell whomever, they didn’t bother to talk is being used right now by the major- you, when you limit your supplies, the to the Senate. As Senator LANDRIEU ity. You have the beginning of the bill, lights go out, and the gas prices go up, from Louisiana mentioned, that bill is propose a bill. And then you kind of go and the availability of energy goes dead on arrival in the Senate. How do through the introduction, the com- down. Consumers are hurting, and the statements we’ve heard yesterday, mittee action, the subcommittee ac- that’s why we have got to get over this. the justifications, the compromise, tion, and the bill is reported. It basi- These, again, are special interests landmark legislation, when your own cally just kind of comes to the floor of that have taken control through these Democratic Senators think it’s dead on the House. people being elevated to power, and arrival? So what we’re teaching our kids is they just punt the process. We are not Where is the hope for the economi- not exactly right. And so I think while moving appropriations bills. The global cally struggling families across Amer- the majority is in control of Congress, warming committee now is kind of in ica? Where is your sense of responsi- they may want to shift this a little bit the driver’s seat. Let’s just shut it all bility, not only to the people of this and give the children a more accurate down, and we will reduce the carbon country, but to their House right here, depiction of what’s going on in the footprint, but at what cost—American to this institution? Where is the hope Congress. competitiveness? American prices? Our for the American people who are suf- And I will yield to the gentleman ability to even survive? What about fering under energy prices, sky- from Tennessee. bankruptcies? What about the people? rocketing since you took power in this Mr. WAMP. Again, I am not critical What about the common man who now place? There isn’t. Because it’s a sham. most of the time of either party here in doesn’t even have a voice in this place And it is the Democratic Senate that the House, but this is an inconvenient because they’re shutting down the will prove it. It is not Republican truth that I need to share as well. Be- process? Now I’ve got to tell you that I Luddites that don’t want to go forward cause it’s easy to forget now in Sep- haven’t complained in 14 years, but it’s towards a more ‘‘green’’ future. What tember, but I’ve been on the Appropria- time to complain. It’s actually time to it is is the Democratic Senate telling tions Committee for 12 years. Every be righteously indignant about this the Democratic House we can’t stom- year, by June, the Appropriations bills ach your bill. and force them to stay here until we are moving through the House. get something done, something real for Now, the thing that I think that ev- Mr. WESTMORELAND. How many do erybody should remember is there is a the consumer. we have now? I yield back. solution to this. If and when this hap- Mr. WAMP. The end of the fiscal year Mr. WESTMORELAND. I’d like to pens, if the Democratic Senate refuses is 13 days from now, and one bill has ask the gentleman from Tennessee a to pass the Democratic House ‘‘leth- been off this House floor. question. argy bill,’’ this Democratic majority But here’s what happened, beginning You’re on the Appropriations Com- here in the House, the Democratic ma- in June, is we started debating at the mittee. On the bill that we passed here jority in the Senate, this Democratic committee this issue of energy—be- yesterday, I believe there were some Congress can say we will not leave here cause virtually every bill has a compo- appropriations in there or earmarks in until a real piece of energy legislation nent of energy, whether it’s the defense there. I think there was $1.2 billion for helping the American people is signed bill, where there is a huge energy con- Mr. RANGEL for the New York City lib- into law, until we have done the job we sumption piece of all of our defense ac- erty bonds. Was that not in the energy have been elected to do on behalf of the tivities. And when we started debating package that we had? American people. I do not think that is energy at these bills, they stopped the Mr. WAMP. Actually, our leadership too much to ask. I do not think that is process. raised that, and they just tabled it. something that the American people b 2200 They just quash it and go on. These are should be denied. air-dropped. Again, this didn’t go I yield back to the gentleman. And we don’t have the appropriations through the committee process. Mr. WESTMORELAND. I want to bills at all, and the fiscal year ends in Listen, if the Congress is going to thank the Policy Committee chairman. 13 days. exert its constitutional right to direct And you’re exactly right, we owe it to Now, here is the problem with it be- funding, there’s a provision that you the American people to stay here until cause it gets really ugly. Even under a have to go through—the subcommittee, we can put our partisanship aside, do a stopgap funding bill, like a continuing the full committee. It has to be vetted. bipartisan bill that the American peo- resolution which we’re now expecting It has to be filed. It has to be before ple—and we thought we had that last to carry us several months into the fis- the House, and people have to have the night with the motion to recommit, cal year, you won’t believe the waste right to offer amendments to strike it. with all the Democratic cosponsors associated with the budgets of all of Did that happen yesterday? No, not at that were on it—to have a bill that we these agencies because they don’t know all. could pass, send to the Senate, and what they’re going to get. They may be Once again, these are the things that hopefully get some agreement on. laying people off now. We’re already the American people are so angry But you mentioned the process, that hearing about this because they don’t about, and I’ve got to tell you that it’s the process is important because, you have certainty in their budgets because time for reform, but if anybody thinks know, when the process is broken, the the people running the House stopped reform is going to come from this new product is flawed. the trains, stopped the process, stopped majority, they’d better think twice. Mr. Speaker, I don’t want to get too the bills over this issue of energy. Mr. WESTMORELAND. Thank you. elementary, but this is a book that we They’re in retreat on this issue of en- Now it’s my privilege to recognize give to children that come to this ergy. the gentlelady—and I say gentlelady— body, and it says, ‘‘How Our Laws Are A lot of people criticize our party as from North Carolina (Ms. FOXX). Made.’’ The beginning of a bill: Propose the party of ‘‘all about drilling.’’ It’s Ms. FOXX. Well, I thank my col- a bill, introduce a bill, committee ac- not just the drilling. What about nu- leagues tonight for being here on the

VerDate Aug 31 2005 04:39 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.172 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8392 CONGRESSIONAL RECORD — HOUSE September 17, 2008 floor, and especially, I thank my col- Will the gentlelady please tell the What’s even worse is that 24 of the league from Georgia for leading this Democratic Congress who controls the Democrats who had signed onto this bi- Special Order. power of the purse to appropriate those partisan bill, introduced by Represent- We’ve talked a little bit about the billions of dollars to Iraq? ative JOHN PETERSON, who is a Repub- Constitution; we’ve touched on it. Our Ms. FOXX. As, I think, most people lican from Pennsylvania, and Rep- colleague from Tennessee is bringing in this country know, it is the House of resentative NEIL ABERCROMBIE, who is wonderful energy to this issue of en- Representatives. The founders specifi- a Democrat from Hawaii—the bill is ergy tonight, and I am so grateful for cally gave the power to the House of called the Peterson-Abercrombie bill. his being here because, as he said, he Representatives to start revenue bills. We offered that as an alternative. It’s generally is not a very partisan person. It is, of course, the House and the Sen- not a perfect bill. There are a lot of He doesn’t come here and talk very vo- ate which must vote on all bills, but it problems with it, but we thought sure- ciferously about issues that are before is the House of Representatives that ly the 39 Democrats who were cospon- the House. He’s doing it now, and you must begin revenue bills. sors of that bill would have voted for can tell he is really is passionate about Mr. MCCOTTER. Will the gentlelady it. No. Only 15 of them voted for that this because this is a passionate issue please yield for one more impertinent bill, and 24 of them voted against it, for many of us. question? but they tell their constituents that Today is Constitution Day, and I Ms. FOXX. I’d be happy to. they are working hard to bring an al- think it’s very important that we high- Mr. MCCOTTER. If the Democratic ternative to the situation. I just want light some issues related to the Con- House and the Democratic Senate to quote a couple of them on what they stitution as they relate to what hap- chose not to appropriate money to Iraq said. pened on this floor last night and as to to the tune of $10 billion a month, Representative NANCY BOYDA, Demo- what has been pointed out tonight. could that money be spent there? crat of Kansas, a freshman here, was a We have not followed the Constitu- Ms. FOXX. No, it could not. cosponsor of the Peterson-Abercrombie tion in the way that we should have Mr. MCCOTTER. I thank the bill, but she voted against it when followed it. We haven’t followed the gentlelady. given the opportunity last night. She way the House has operated in the Ms. FOXX. The President does not said in a press release, though, on the past. We haven’t even followed the have the power to wage war without 4th of September: promises that were made by the Speak- the consent of the Congress, and he ‘‘I’ve been working with a large bi- er in 2006 when she said this would be could not fund any effort. He couldn’t partisan group of representatives to de- the most open Congress, that this fund any department in the Federal velop a comprehensive, commonsense would be the most fair Congress. Bills Government without the consent of the energy bill. Our Peterson-Abercrombie should go to committee. They should Congress. bill will provide sorely needed relief for come to the floor and be amendable, So, again, the founders set it up that Kansas families. It will help create en- but none of that has happened. way. They wanted the Congress to be One of the things that bothers me the ergy independence for America and the most powerful branch of the gov- millions of jobs to help stabilize our most about our not dealing with issues ernment, and the Congress is the most as they relate to the Constitution is struggling economy,’’ press release, powerful branch. Representative NANCY BOYDA, Demo- how the Congress is trying to blame What has happened in the last 20 our President for everything bad that crat of Kansas. months since the Democrats have been Now, what our Democratic colleagues has happened in the last 2 years. in charge of the Congress? Let’s look at When I go out and talk to school- think they can do is to tell their con- the unemployment rate. It has gone up. children especially, I point out to them stituents one thing and do another on It was very, very low in January of ’07. that the first article in the Constitu- the floor of the House. We are not It has gone up over a percentage point, tion, article I, is about the Congress. going to let that happen. We are going in fact, about a percentage point and a That is not an accident. The founders to tell the American people what is half since the Democrats have been in wanted the Congress to be the strong- going on here. Speaker PELOSI has said control. Look at the price of gasoline est part of our government. We have it will be okay if these people cam- three branches of government—the leg- and how it has gone up since they have paign against her and blame her for not islative, the executive and the judicial been in charge. having energy legislation. They can go What were they doing as these gas branches. They intended the Congress out and promise it, but they don’t have to be the most important. We’re the prices were going up? Voting on bills to do anything. ones who pass the laws. We’re the ones like declaring National Passport We have Representative BARON HILL, who can make things happen in this Month, National Train Day, Great Cats Democrat of Indiana. This is in a press country and who can make things hap- and Rare Canids Act where we appro- release from his office on the 14th of pen in a hurry, but what the Demo- priated either $20 million or $50 million August 2008 while we were in the midst crats, who are in charge of the Con- to other countries to help them iden- of being up here every day, telling the gress and have been for the past 20 tify rare cats in their countries. Then American people what the Democrats months, want to keep doing is saying, the favorite of most people is the Mon- were doing. This is what his press re- ‘‘It’s not our fault that these things are key Safety Act, which also appro- lease said: happening. It’s not our fault.’’ priated, I think, about $50 million to ‘‘ ‘I hope this bipartisan Peterson- Ladies and gentlemen, it is their teach people how to handle monkeys Abercrombie bill will, indeed, be fault, and the blame has to be laid sole- safely in this country. brought to the floor for a vote when we ly at their feet. Not only are they not The Congress, the Democrat-con- return to Washington in September,’ taking on the responsibility to create trolled Congress, has abrogated its re- Hill said. ‘It would provide immediate more American-made energy, which sponsibility for taking care of this sit- relief while also bolstering the develop- will help every American in this coun- uation. It has turned its back on the ment of new energy sources in order to try, but they seem to be almost anti average American, and that is a shame. move this country closer to energy American energy. We have been pro- Last night, what happened was that a independence,’ ’’ Representative BARON posing that we be pro American en- sham bill passed in this House with HILL. ergy. They are not. very little support from our side and You know, folks, they were right Mr. MCCOTTER. Will the gentlelady with many Democrats voting against about the Peterson-Abercrombie bill. It yield for a question? it. That was nothing but cover for would have helped, but that’s not what Ms. FOXX. I will yield for a question Democrats. Even the media here in they voted for last night. They voted from my colleague from Michigan. Washington, D.C., the liberal media, for a bill that creates an illusion of Mr. MCCOTTER. You’ve brought up has said that. It is only so that Demo- doing something and does absolutely the Constitution. Previously, we had crats can go home and say, ‘‘I voted for nothing. heard throughout the energy debate more drilling.’’ That’s what the Repub- The last one I’m going to quote is a that there is about $10 billion a month licans have been asking for, and I voted newspaper article that talks about being spent in Iraq. for more drilling. Representative STEVE KAGEN, also a

VerDate Aug 31 2005 04:39 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.173 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8393 freshman, who is a Democrat from Wis- When we look at this unemployment, portant challenges we face. So this is consin. This is a newspaper article we wonder is it because of record en- not process. This is not just a debate from the Herald Times in Wisconsin on ergy prices? Is it because of increased on the floor. This is our future, and 9/13/08: labor costs because of the minimum this is whether or not our way of life is ‘‘Kagen, who signed onto the bill wage increase? Is it the assault on extended to the next generation. That Tuesday, said the Abercrombie-Peter- companies that are making too much is how important energy is tonight. We son bill ‘really is a comprehensive en- profit? Is it the trade agreements that have got to stay and we have to fight ergy policy and a roadmap forward. have been ignored? Is it the new gov- for the American people here, because, That bill has the balance in investing ernment mandates on everything from frankly, they are being stymied on the in renewable sources. It raises royalty cars to light bulbs that could be caus- floor of the House of Representatives. fees from those who are drilling, and it ing this unemployment rate to go up? Mr. WESTMORELAND. Just to fol- doesn’t limit drilling to four or five We need to talk about that for just a low up on that, we have shale, we have States.’ ’’ The title of that article was minute, and I recognize the gentleman natural gas and we have the need for ‘‘Congress Sitting on Energy Hot from Tennessee. refineries. Not a new refinery has been Seat.’’ Mr. WAMP. One final point. I was built in this country. And those are Ladies and gentlemen, we have to here in the late nineties when we bal- good paying, mostly union jobs that hold people accountable for doing what anced the Federal budget, and about 5 are here. Those are good paying jobs they promise to do in this country. years ago I gave a speech at the Na- that we are causing people to go to b 2215 tional Press Club talking about how Nicaragua, Venezuela, Nigeria, Saudi the budget got balanced. Because while Republicans were held accountable in Arabia, other parts of the world to a lot of people would like to believe even have employment. 2006, not just for not doing what they that we somehow cut spending to bal- had promised. What we were held re- I recognize the gentleman from ance the budget, that didn’t happen. Michigan. sponsible for was being part of a party We slowed the growth of spending that has a philosophy that we stand for Mr. MCCOTTER. I thank the gen- below inflation for the first time in a tleman. Earlier the gentleman from some things. We need to hold these generation. But why the budget got people responsible. Tennessee had mentioned that we are balanced was because revenues sur- going to be looking at the prospect of The other thing that I think needs to passed expenses with a robust U.S. be pointed out, and this was pointed a speculators bill on the floor again. economy, driven principally by the in- My question is, regardless of the merits out during the month of August several formation sector, the likes of Bill times, but not in exactly this way; but of the speculators bill, it is a simple Gates and Microsoft and us leading the proposition to anyone watching. the Democrats, while letting average world. So the speech I gave was we working Americans, all Americans, ac- We have heard much debate about en- could do the same thing again with en- ergy policy. I remember hearing much tually, suffer from the high price of ergy technology, with new energy solu- gasoline, but particularly our working of this back in a very unpleasant pe- tions. riod of our Nation’s history called the friends who are paying high prices and I have got to tell you now, before we struggling, struggling every day to 1970s. What is old is new again. So leave there is going to be another push when we hear about the speculators make ends meet and make it in this by the new majority for a second stim- country, obey the law and do what is bill, the Democratic Congress, the ulus bill, and their idea of an economic Democratic majority, had come in with right, the Democrats came to the Con- stimulus is to extend unemployment gress saying we are going to work a reputation for being against the pro- benefits and to give some assistance for duction of American domestic energy. every day. We think the Republicans low income energy, which is going to haven’t done all they should do. We are Again, it was not limited to the tech- be needed because this winter home nique of drilling. Clean coal, nuclear going to work every day. But from the heating fuel is going to be through the energy, all sorts of alternatives they first of August until the end of Decem- roof, even worse than it was last year. were opposed to. ber they plan to work 14 days. Four- But I will tell you, the most impor- Now, if you were investing your teen days, ladies and gentlemen. tant thing we could do for the econ- money in the energy market and you While you are suffering, wondering omy, again, is throw the ball deep, pass saw the anti-American energy party how you are going to pay your bills, the American Energy Act, go after all take power in Washington, and you un- they are going to go home the end of the energy sources we can, create derstood the concept of supply and de- next week after having worked this many manufacturing jobs, lead the mand, that as demand goes up, if sup- week, 4 days last week, maybe only 4 world with our innovation with our days this week. It may end up being manufacturing, with our technology ply stays stagnant, prices skyrocket, it only 13 days. It may end up being only deployment, throw it deep, and we doesn’t take a rocket scientist to know 12 days. They are going to go home and could balance the budget again with a that when the Democratic majority leave you wondering how are you going robust U.S. economy. came into Washington, it was against to pay the bills, pay for the gasoline But as it sputters, the worst thing we the domestic production of America’s and deal with the challenges that face can do is lock our energy resources and own energy resources, that something you and your family. kind of cower down and say how can we was going to give and the prices were That is unacceptable to us as Repub- borrow our way into prosperity? How going to shoot through the roof and licans. That should be unacceptable to can we bail out into prosperity? How you were going to make a lot of money. every American. We must hold them can we just give people money? So, again what you see is the total accountable, and we must make them No, we need to invest in these energy denial of responsibility for their poli- stay here until we have an energy pol- resources we have and the new tech- cies, many of which have failed to be icy that will bring relief to the Amer- nologies and all the new ideas. And nu- implemented, having an impact on ican people. clear, we ought to lead the world in nu- markets. Just as we will hear later on, Now I want to yield back to my col- clear production and not be caught in a or throughout the rest of the year, the league from Georgia, Mr. WESTMORE- Three Mile Island time warp of 30 years 12 days or so that they even show up LAND. ago. Gracious, what do we have to be for the work they are paid to do, is Mr. WESTMORELAND. I want to afraid of, our own energy and our own when you promise the largest tax in- thank the gentlewoman from North country? This is asinine. And we need crease in American history in your Carolina. to do that for the economy right now. budgets, when your chairman of the As she showed on this chart here Governor Sarah Palin is saying it to- Ways and Means Committee talks with the unemployment rate going night. We ought to be saying it and about the ‘‘mother of all tax in- from a little less than 4.5 percent up to doing it. We have got it in Alaska. We creases,’’ this is going to have affect on over 6.1 percent, the correlation, if you have it off the coast. We have got nu- markets. will notice, is with the gas prices. All clear. We have the capability. This is going to have an effect on the this has happened since the new Demo- Energy, national security and the en- rational, hard-working Americans, who cratic majority took over. vironment are together the most im- every day know that as much as they

VerDate Aug 31 2005 05:37 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00115 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.174 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8394 CONGRESSIONAL RECORD — HOUSE September 17, 2008 scrimp and save, here comes big broth- early November 2008. And tell you me if pump, you are worried about how you er government to take that money you have changed your mind, if you no are going to pay your high home heat- right out of your pocket. So con- longer think this Democratic Congress ing oil bill, you are worried about your sequences of ideas, or even bad ideas deserves to be the most hated in Amer- job as the unemployment rate is sky- especially, can be detrimental to the ican history. Because they have a rocketing with the price of gas. You average, hard-working American. chance to work with us. We are putting are living under the failed systems we Now, you and I, through the Chair politics aside. We will compromise in a have had in this body. And remember, the gentleman from Georgia, we know real bipartisan fashion to help the peo- they have 235 Members. It only takes one thing: The best economic stimulus ple whole elected us. 218 to pass something out of this for the United States of America is an But if you refuse, there is nothing we House. all-of-the-above energy strategy that can do, because, as the gentleman Quit whining. Get out of the fetal po- gets that trend line on energy prices started out earlier, the math doesn’t sition and do something for the Amer- stabilized and going down so that the add up in our favor. ican people. unemployment numbers can stabilize Mr. WESTMORELAND. I want to f and start going down; so speculators thank the gentleman for that. I have start losing money because the supply just a few minutes to close. I appre- LEAVE OF ABSENCE of oil will be coming online and they ciate all the kind folks that came here By unanimous consent, leave of ab- know it; so big oil doesn’t make the tonight to help me with this. sence was granted to: money as the supply floods the market But I want to bring up one other Mrs. CHRISTENSEN (at the request of to meet the demand and the prices sta- thing that will characterize what the Mr. HOYER) for today on account of a bilize and go down; so hard-working Democratic majority has said. I have funeral in her district. Americans know they are not going to already quoted Mr. KANJORSKI on ‘‘we Mr. DREIER (at the request of Mr. have to choose between freezing and sort of stretched the truth and the peo- BOEHNER) for today on account of the eating, they are not going to have to ple ate it up.’’ I read you quotes from death of his mother. worry about whether they can drive to then Minority Leader PELOSI, now Mr. POE (at the request of Mr. see their doctor in rural areas; so they Speaker PELOSI, and the things that BOEHNER) for today after 5 p.m. and the can make sure they still work in manu- the American people were told, Mr. balance of the week on account of con- facturing because the fixed cost of en- Speaker, to be able to gain the major- tinuing recovery efforts after Hurri- ergy hasn’t driven their job offshore or ity. cane Ike. killed it altogether. But I want to tell you something f that is a little more fascinating, and We know this, which is why we are so SPECIAL ORDERS GRANTED passionate about helping the people we will have to talk about this again. who have entrusted us with the oppor- This Congress passed a card check bill. By unanimous consent, permission to tunity to serve them in this, their We all like to be in the privacy of the address the House, following the legis- House. voting booth. Even if somebody asks lative program and any special orders I will wrap it up with this, the gen- you how you are going to vote, you heretofore entered, was granted to: tleman from Georgia. There are many say, hey, that is a personal matter. Be- (The following Members (at the re- people who say, Republicans, you cause a lot of times the polls will say quest of Mr. COHEN) to revise and ex- weren’t great. You told us you stood one thing, the election results are tend their remarks and include extra- for things. You told us you believed our something else, because people get in neous material:) liberty was from God, not the govern- that voting booth and they decide to do Ms. WOOLSEY, for 5 minutes, today. ment; our prosperity was from the pri- something else; or it may not have Mr. BRALEY of Iowa, for 5 minutes, vate sector, not the public sector. been the popular thing to talk about today. Yes, we did, and we did not do a good with the people they were with. Mr. HONDA, for 5 minutes, today. enough job keeping with our principles. We passed a card check bill that said Mr. WEINER, for 5 minutes, today. There is a difference between us and if you wanted to become unionized it Mr. HOLT, for 5 minutes, today. this Democratic majority. I want to would have to be an open vote; not Mr. TAYLOR, for 5 minutes, today. (The following Members (at the re- know what the succinct enunciation of anymore a secret ballot, but an open quest of Mr. COBLE) to revise and ex- the principles upon which you base pol- vote. They passed this in this Congress. tend their remarks and include extra- icy are. Because what I see in the en- The bill was introduced by Mr. GEORGE neous material:) ergy debate, or lack thereof, and the MILLER. Democrat sham energy bill is a quite But I want to read you a letter he Mr. POE, for 5 minutes, September 23 simple proposition. They support the sent to the Mexican Government in and 24. Mr. JONES, for 5 minutes, September government rationing of American en- 2001. ‘‘We understand that the secret 23 and 24. ergy. You will get 12 percent when you ballot is allowed but not required by Mr. MORAN of Kansas, for 5 minutes, are suffering. We will lock up 88 per- Mexican labor law. However, we feel today. cent forever. That is the gist of their that the secret ballot is absolutely nec- Mr. DAVIS of Kentucky, for 5 min- argument. essary in order to ensure that workers utes, September 24. Why does this matter now? Because are not intimidated into voting for a Mr. CONAWAY, for 5 minutes, today. you hear more of the same promises union they might not otherwise Ms. FOXX, for 5 minutes, today. that the gentleman from Georgia listed choose. We respect Mexico as an impor- (The following Member (at her re- and had proven broken. And when you tant neighbor and trading partner, and quest) to revise and extend her re- start to do your thinking this year, as we feel that the increased use of the se- marks and include extraneous mate- the American people are want to do, I cret ballot in union recognition elec- rial:) will be more than happy if the Amer- tions will help bring real democracy to Ms. KAPTUR, for 5 minutes, today. ican voters judge this Democratic Con- the Mexican workplace.’’ gress not by the fact that it took They want to bring democracy to the f America in a new direction to a 9 per- Mexican workplace, but they want our SENATE CONCURRENT cent approval rating, which technically guys not to have that same democracy RESOLUTION REFERRED makes the Democratic Congress the that they want the Mexican workers to A Concurrent Resolution of the Sen- most hated in American history; I have. This is right in line with every- ate of the following title was taken want Americans to look at two num- thing that we have heard tonight. from the Speaker’s table and, under bers. This Congress is being controlled by the rule, referred as follows: I want Americans to look at the price big labor, by environmentalists and by S. Con. Res. 87. Concurrent resolution con- of gas when the Democratic Party took trial lawyers. If you fit into one of gratulating the Republic of Latvia on the power in January of 2007, promising to those groups, then you should be doing 90th anniversary of its declaration of inde- lower them; and I want them to look at very well. If not, you are like all the pendence; to the Committee on Foreign Af- the price of gas, oh, maybe around rest of us; you are suffering at the fairs.

VerDate Aug 31 2005 05:37 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00116 Fmt 4634 Sfmt 0634 E:\CR\FM\K17SE7.176 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8395 ENROLLED BILL SIGNED 8447. A letter from the Secretary of the transmitting the Department’s final rule — Commission, Department of the Treasury, North Dakota Regulatory Program [SATS Ms. Lorraine C. Miller, Clerk of the transmitting the Department’s final rule — No: ND-050-FOR; Docket ID No. OSM-2008- House, reported and found truly en- Identity Theft Red Flags and Address Dis- 0004] received September 9, 2008, pursuant to rolled a bill of the House of the fol- crepancies Under the Fair and Accurate 5 U.S.C. 801(a)(1)(A); to the Committee on lowing title, which was thereupon Credit Transactions Act of 2003 [Docket ID Natural Resources. signed by the Speaker: OCC-2007-0017] (RIN: 1557-AC87) received Au- 8457. A letter from the Acting Director, Of- fice of Sustainable Fisheries, NMFS, Na- H.R. 5938. An act to amend title 18, United gust 19, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Financial tional Oceanic and Atmospheric Administra- States Code, to provide secret service protec- tion, transmitting the Administration’s final tion to former Vice Presidents, and for other Services. 8448. A letter from the Director, Office of rule — Fisheries Off West Coast States; purposes. Legislative Affairs, Federal Deposit Insur- Modifications of the West Coast Commercial f ance Corporation, transmitting the Corpora- Salmon Fishery; Inseason Action #3 and #4 [Docket No. 070430095 7095 01] (RIN: 0648- BILLS PRESENTED TO THE tion’s final rule — Fair Housing and Non- discrimination on the Basis of Disability XH91) received August 4, 2008, pursuant to 5 PRESIDENT (RIN: 3064-AD31) received September 8, 2008, U.S.C. 801(a)(1)(A); to the Committee on Nat- Lorraine C. Miller, Clerk of the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ural Resources. mittee on Financial Services. 8458. A letter from the Acting Director Of- House reports that on September 11, fice of Sustainable Fisheries, NMFS, Na- 2008 she presented to the President of 8449. A letter from the Assistant to the Board, Federal Reserve System, transmit- tional Oceanic and Atmospheric Administra- the United States, for his approval, the ting the System’s final rule — Truth in tion, transmitting the Administration’s final following bills. Lending [Regulation Z; Docket No. R-1320] rule — Fisheries of the Caribbean; Gulf of H.R. 5683. To make certain reforms with received August 8, 2008, pursuant to 5 U.S.C. Mexico, and South Atlantic; Snapper-group- respect to the Government Accountability 801(a)(1)(A); to the Committee on Financial er Fishery of the South Atlantic; Closure of Office, and for other purposes. Services. the 2008 Commercial Fishery for the Golden H.R. 6456. To provide for extensions of cer- 8450. A letter from the Assistant to the Tilefish in the South Atlantic [Docket No. tain authorities of the Department of State, Board, Federal Reserve System, transmit- 040205043-4043-01] (RIN: 0648-XI45) received and for other purposes. ting the System’s final rule — Truth in September 8, 2008, pursuant to 5 U.S.C. H.R. 6532. To amend the Internal Revenue Lending [Regulation Z; Docket No. R-1305] 801(a)(1)(A); to the Committee on Natural Code of 1986 to restore the Highway Trust received August 15, 2008, pursuant to 5 U.S.C. Resources. Fund balance. 801(a)(1)(A); to the Committee on Financial 8459. A letter from the Chief, Publications Services. and Regulations Branch, Internal Revenue f 8451. A letter from the Chief of Staff, Media Service, transmitting the Service’s final rule ADJOURNMENT Bureau, Federal Communications Commis- — Tier 1 Issue: IRC Section 118 Abuse Direc- sion, transmitting the Commission’s final tive #4 [LMSB Control No. LMSB-4-0608-034] Mr. WESTMORELAND. Mr. Speaker, rule — In the Matter of Amendment of Sec- received August 14, 2008, pursuant to 5 U.S.C. I move that the House do now adjourn. tion 73.202(b), Table of Allotments, FM 801(a)(1)(A); to the Committee on Ways and The motion was agreed to; accord- Broadcast Stations. (Dilley and Cotulla, Means. 8460. A letter from the Chief, Publications ingly (at 10 o’clock and 30 minutes Texas) [MB Docket No. 07-183 RM-11394] re- and Regulations, Internal Revenue Service, ceived September 8, 2008, pursuant to 5 p.m.), the House adjourned until to- transmitting the Service’s final rule — Sec. U.S.C. 801(a)(1)(A); to the Committee on En- morrow, Thursday, September 18, 2008, 475 Valuation Safe Harbor [Notice 2008-71] re- at 10 a.m. ergy and Commerce. 8452. A letter from the Division Chief, Fed- ceived August 14, 2008, pursuant to 5 U.S.C. f eral Communications Commission, transmit- 801(a)(1)(A); to the Committee on Ways and ting the Commission’s final rule — In the Means. 8461. A letter from the Chief, Publications EXECUTIVE COMMUNICATIONS, Matter of The Commercial Mobile Alert Sys- and Regulations Branch, Internal Revenue ETC. tem [PS Docket No. 07-287] received Sep- Service, transmitting the Service’s final rule tember 8, 2008, pursuant to 5 U.S.C. Under clause 8 of rule XII, executive — Tier 1 Issue: IRC Section 118 Abuse Direc- 801(a)(1)(A); to the Committee on Energy and communications were taken from the tive #4 [LMSB Control No. LMSB-4-0608-034] Speaker’s table and referred as follows: Commerce. 8453. A letter from the Chief of Staff, Media received August 5, 2008, pursuant to 5 U.S.C. 8443. A letter from the Administrator, De- Bureau, Federal Communications Commis- 801(a)(1)(A); to the Committee on Ways and partment of Agriculture, transmitting the sion, transmitting the Commission’s final Means. 8462. A letter from the Chief, Publications Department’s final rule — Mandatory Coun- rule — In the Matter of Amendment of Sec- and Regulations Branch, Internal Revenue try of Origin Labeling of Beef, Pork, Lamb, tion 73.202(b) Table of Allotments, FM Broad- Service, transmitting the Service’s final rule Chicken, Goat Meat, Perishable Agricultural cast Stations. (Arlington and Boardman, Or- — 26 CFR 601.202: Closing agreements. (Rev. Commodities, Peanuts, Pecans, Ginseng, and egon; Boise, Caldwell, Grangeville, Hazelton, Proc. 2008-50) received August 19, 2008, pursu- Macadamia Nuts [Docket No. AMS-LS-07- Iona, Jerome, McCall, Melba, Salmon, and ant to 5 U.S.C. 801(a)(1)(A); to the Committee 0081] (RIN: 0581-AC26) received August 5, 2008, Sun Valley, Idaho; Elko and Owyhee, Ne- on Ways and Means. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- vada; Finley, Pasco, and Walla Walla, Wash- mittee on Agriculture. 8463. A letter from the Chief, Publications ington; and West Yellowstone, Montana [MB and Regulations, Internal Revenue Service, 8444. A letter from the Congressional Re- Docket No. 06-72 RM-11245 RM-11340] received view Coordinator, Department of Agri- transmitting the Service’s final rule — 26 September 8, 2008, pursuant to 5 U.S.C. CFR 601.105: Examination of returns and culture, transmitting the Department’s final 801(a)(1)(A); to the Committee on Energy and rule — Citrus Canker; Movement of Fruit claims for refund, credit, or abatement; de- Commerce. termination of tax liability (Rev. Proc. 2008- From a Quarantined Area; Bag Markings 8454. A letter from the General Counsel, 53) received August 20, 2008, pursuant to 5 [Docket No. APHIS-2008-0080] (RIN: 0579- Federal Energy Regulatory Commission, U.S.C. 801(a)(1)(A); to the Committee on AC81) received August 5, 2008, pursuant to 5 transmitting the Commission’s final rule — U.S.C. 801(a)(1)(A); to the Committee on Ag- Ways and Means. Modification of Interchange and Trans- 8464. A letter from the Chief, Publications riculture. mission Loading Relief Reliability Stand- and Regulations Branch, Internal Revenue 8445. A letter from the Administrator, De- ards; and Electric Reliability Organization Service, transmitting the Service’s final rule partment of Agriculture, transmitting the Interpretation of Specific Requirements of — 26 CFR 601.204: Changes in accounting pe- Department’s final rule — Milk in the North- Four Reliability Standards [Docket No. riods and in methods of accounting. (Also east and Other Marketing Areas; Delay of Ef- RM08-7-000; Order No. 713] received August Part I, 56, 61, 1.61-4, 77, 162, 1.162-12, 166, 167, fective Date [Docket No. AMS-DA-07-0026; 11, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to 168, 171, 174, 179B, 181, 194, 197, 263, 263A, 267, AO-14-A77] received September 8, 2008, pursu- the Committee on Energy and Commerce. 280F, 404, 446, 447, 448, 451, 454, 455, 460, 461, ant to 5 U.S.C. 801(a)(1)(A); to the Committee 8455. A letter from the Chief, Branch of 467, 471, 472, 475, 481, 585, 832, 846, 861, 985, 1012, on Agriculture. Listing, Department of the Interior, trans- 1272, 1273, 1278, 1281, 1363, 1400I (Rev. Proc. 8446. A letter from the Administrator, De- mitting the Department’s final rule — En- 2008-52) received August 20, 2008, pursuant to partment of Agriculture, transmitting the dangered and Threatened Wildlife and 5 U.S.C. 801(a)(1)(A); to the Committee on Department’s final rule — Specialty Crop Plants; Designation of Critical Habitat for Ways and Means. Block Grant Program-Farm Bill; Notice of the Devils River Minnow [[FWS-R2-ES-2008- Request for Approval of a New Information 0018] [92210-1117-0000-B4]] (RIN: 1018-AV25) re- f Collection [Docket No. AMS-FV-08-0057; FV- ceived August 6, 2008, pursuant to 5 U.S.C. REPORTS OF COMMITTEES ON 08-379 IFR] (RIN: 0581-AC88) received Sep- 801(a)(1)(A); to the Committee on Natural PUBLIC BILLS AND RESOLUTIONS tember 8, 2008, pursuant to 5 U.S.C. Resources. 801(a)(1)(A); to the Committee on Agri- 8456. A letter from the Director, Office of Under clause 2 of rule XIII, reports of culture. Surface Mining, Department of the Interior, committees were delivered to the Clerk

VerDate Aug 31 2005 04:39 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00117 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.098 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8396 CONGRESSIONAL RECORD — HOUSE September 17, 2008 for printing and reference to the proper By Mrs. MALONEY of New York: By Mr. CONYERS (for himself and Mr. calendar, as follows: H.R. 6927. A bill to protect the civil rights SMITH of Texas): of victims of gender-motivated violence and H. Res. 1448. A resolution authorizing and Ms. SUTTON: Committee on Rules. House to promote public safety, health, and regu- directing the Committee on the Judiciary to Resolution 1449. Resolution providing for inquire whether the House should impeach consideration of the bill (H.R. 6604) to amend late activities affecting interstate commerce the Commodity Exchange Act to bring great- by creating employer liability for negligent G. Thomas Porteous, a judge of the United er transparency and accountability to com- conduct that results in an individual’s com- States District Court for the Eastern Dis- modity markets, and for other purposes mitting a gender-motivated crime of vio- trict of Louisiana; to the Committee on (Rept. 110–859). Referred to the House Cal- lence against another individual on premises Rules. considered and agreed to. endar. controlled by the employer, and for other By Mr. CONAWAY (for himself, Mrs. purposes; to the Committee on Education CUBIN, Mr. SULLIVAN, Mrs. f and Labor, and in addition to the Committee BACHMANN, Mr. MCHENRY, Mr. PUBLIC BILLS AND RESOLUTIONS on the Judiciary, for a period to be subse- MARCHANT, Mr. NEUGEBAUER, Mr. quently determined by the Speaker, in each GINGREY, Mr. KINGSTON, Mr. BROUN of Under clause 2 of rule XII, public case for consideration of such provisions as Georgia, Mr. LAMBORN, Mr. FRANKS of bills and resolutions of the following fall within the jurisdiction of the committee Arizona, Mr. BARTLETT of Maryland, titles were introduced and severally re- concerned. and Mr. BISHOP of Utah): ferred, as follows: By Ms. MCCOLLUM of Minnesota (for H. Res. 1450. A resolution amending the By Mr. BOUSTANY: herself and Mrs. LOWEY): Rules of the House of Representatives to re- H.R. 6918. A bill to amend the Internal Rev- H.R. 6928. A bill to award grants to im- quire officers and employees of the House to enue Code of 1986 to allow individuals a cred- prove after-school interdisciplinary edu- read the Constitution of the United States it against income tax for expenses paid or in- cation programs, and for other purposes; to each year; to the Committee on Rules. curred by reason of a mandatory evacuation; the Committee on Education and Labor. By Mr. MCGOVERN (for himself, Mr. to the Committee on Ways and Means. By Mr. MILLER of North Carolina: WOLF, Mr. BERMAN, and Ms. ROS- By Mr. YOUNG of Alaska: H.R. 6929. A bill to amend title 28 of the LEHTINEN): H.R. 6919. A bill to provide for the convey- United States Code to require reporting on H. Res. 1451. A resolution establishing the ance of certain property from the United certain authoritative legal interpretations Tom Lantos Human Rights Commission in States to the Maniilaq Association located issued by the Department of Justice, includ- the House of Representatives; to the Com- in Kotzebue, Alaska; to the Committee on ing the Office of Legal Counsel, and for other mittee on Foreign Affairs. Natural Resources, and in addition to the purposes; to the Committee on the Judici- By Mr. GARRETT of New Jersey (for Committee on Energy and Commerce, for a ary. himself and Ms. KAPTUR): period to be subsequently determined by the By Mr. MORAN of Virginia (for him- H. Res. 1452. A resolution establishing the Speaker, in each case for consideration of self, Mr. MILLER of Florida, Mr. BILI- Select Committee on Financial Bailouts; to such provisions as fall within the jurisdic- RAKIS, Ms. BORDALLO, Mrs. MALONEY the Committee on Rules. tion of the committee concerned. of New York, Mr. BURTON of Indiana, By Mr. DAVIS of Illinois (for himself, By Mr. KANJORSKI: Mr. KING of New York, Mr. MCGOV- Mr. SHIMKUS, and Mrs. CHRISTENSEN): H.R. 6920. A bill to authorize the Secretary ERN, Mr. ISRAEL, Mr. ROTHMAN, Mr. H. Res. 1453. A resolution supporting the of the Treasury, on an emergency basis, to BRADY of Pennsylvania, and Ms. goals and ideals of Sickle Cell Disease guarantee loans made by depository institu- WOOLSEY): Awareness Month; to the Committee on tions during the 2008-2009 heating season to H.R. 6930. A bill to amend title 10, United Oversight and Government Reform. eligible consumers, under certain conditions, States Code, to authorize extended benefits By Mr. GERLACH (for himself, Mr. for home heating purchases and repairs, and for certain autistic dependents of certain re- BARTLETT of Maryland, Mr. for other purposes; to the Committee on Fi- tirees; to the Committee on Armed Services. MCCOTTER, Mr. PLATTS, Mr. TIBERI, nancial Services. By Mr. MORAN of Virginia (for himself Mrs. BIGGERT, Mr. SHUSTER, and Mr. By Mr. MORAN of Kansas: and Mr. TOM DAVIS of Virginia): HINCHEY): H.R. 6921. A bill to provide additional over- H.R. 6931. A bill to amend title XIX of the H. Res. 1454. A resolution expressing the sight and transparency to the commodity fu- Social Security Act to provide an option of strong support of the House of Representa- tures markets by authorizing greater re- States to cover a children’s program of all- tives for the North Atlantic Treaty Organi- sources and authority for the Commodity inclusive coordinated care (ChiPACC) under zation to enter into a Membership Action Futures Trading Commission, and for other the Medicaid Program; to the Committee on Plan with Ukraine; to the Committee on purposes; to the Committee on Agriculture. Energy and Commerce. Foreign Affairs. By Mr. BAIRD (for himself, Mr. By Mr. NADLER (for himself, Mr. By Mr. LAHOOD (for himself, Mr. RA- DEFAZIO, Mr. DICKS, Mr. SALAZAR, SMITH of Texas, Mr. WEXLER, and Mr. HALL, Mr. DREIER, Mr. BOUSTANY, and and Ms. HERSETH SANDLIN): FRANKS of Arizona): Mr. ISSA): H.R. 6922. A bill to amend the Small Busi- H.R. 6932. A bill to amend the Fair Housing H. Res. 1455. A resolution commemorating ness Act to provide low-interest loans to Act to prevent discrimination relating to the the 25th anniversary of the terrorist bomb- small business concerns providing transpor- display of religious symbols, and for other ing of the United States Marine Corps bar- tation services to assist them in dealing with purposes; to the Committee on the Judici- racks in Beirut, Lebanon; to the Committee high motor fuel prices; to the Committee on ary. on Armed Services. Small Business. By Mr. PLATTS (for himself, Ms. CAS- By Mr. LANGEVIN (for himself, Mr. By Mr. BARRETT of South Carolina: TOR, Mr. DENT, Mr. COBLE, Mr. MCCAUL of Texas, Mr. WU, Mr. H.R. 6923. A bill to require the Secretary of LATHAM, and Mr. BUCHANAN): GINGREY, Mr. THOMPSON of Mis- Homeland Security to complete at least 700 H.R. 6933. A bill to extend the expiration sissippi, and Mr. KING of New York): miles of reinforced fencing along the South- date of coupons issued under the digital tele- H. Res. 1456. A resolution supporting the west border by December 31, 2010, and for vision converter box program; to the Com- goals and ideals of National Cyber Security other purposes; to the Committee on Home- mittee on Energy and Commerce. Awareness Month and raising awareness and land Security. By Ms. SOLIS: enhancing the state of computer security in By Mr. HERGER (for himself and Mr. H.R. 6934. A bill to amend and improve the the United States; to the Committee on BRADY of Texas): Juvenile Justice and Delinquency Preven- Science and Technology. H.R. 6924. A bill to provide for the modi- tion Act of 1974, and for other purposes; to By Mr. LATTA: fication of duties on environmental goods; to the Committee on Education and Labor. H. Res. 1457. A resolution expressing the the Committee on Ways and Means. By Mr. UDALL of Colorado (for himself sense of the House of Representatives that in By Ms. HERSETH SANDLIN: and Mr. FEENEY): order to continue aggressive growth in our H.R. 6925. A bill to amend title 10, United H.R. 6935. A bill to provide technical cor- Nation’s telecommunications and tech- States Code, to require that each member of rections to the Technology Administration nology industries, the United States Govern- the Armed Forces receive employment as- Act of 1998, and for other purposes; to the ment should ‘‘Get Out of the Way and Stay sistance, job training assistance, and other Committee on Science and Technology. Out of the Way’’; to the Committee on En- transitional services provided by the Sec- By Ms. EDDIE BERNICE JOHNSON of ergy and Commerce, and in addition to the retary of Labor before that member sepa- Texas: Committee on the Judiciary, for a period to rates from active duty service; to the Com- H. Con. Res. 418. Concurrent resolution be subsequently determined by the Speaker, mittee on Armed Services. honoring the 40th Anniversary of the Project in each case for consideration of such provi- By Mr. KILDEE (for himself and Mr. SEED Program; to the Committee on sions as fall within the jurisdiction of the EMANUEL): Science and Technology. committee concerned. H.R. 6926. A bill to authorize the Secretary By Ms. LEE: By Ms. WATSON (for herself, Mr. MAN- of Education to make grants to support H. Con. Res. 419. Concurrent resolution ZULLO, Mr. FALEOMAVAEGA, Ms. early college high schools and other dual en- supporting the goals and ideals of Multiple BERKLEY, Mr. JACKSON of Illinois, Mr. rollment programs; to the Committee on Sclerosis Awareness Week; to the Committee MCNULTY, Mrs. LOWEY, Mr. PALLONE, Education and Labor. on Energy and Commerce. Ms. KILPATRICK, Ms. EDDIE BERNICE

VerDate Aug 31 2005 04:39 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00118 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.100 H17SEPT1 rfrederick on PROD1PC67 with HOUSE September 17, 2008 CONGRESSIONAL RECORD — HOUSE H8397

JOHNSON of Texas, Mr. RANGEL, Ms. H.R. 5672: Mr. SESTAK. Mr. OBERSTAR, Mr. MCHUGH, Mr. WALBERG, MOORE of Wisconsin, Mrs. CAPPS, Mr. H.R. 5714: Mr. SMITH of Texas, Mr. CARNEY, and Mr. WOLF. CARSON, Mr. COHEN, Ms. SOLIS, Ms. Mr. LEWIS of Kentucky, Mr. MCNULTY, Ms. H.R. 6884: Mr. WOLF, Mr. MCHUGH, Mr. MATSUI, Mr. BERRY, Mr. HINCHEY, Mr. JACKSON-LEE of Texas, Mr. MORAN of Kansas, NADLER, and Mr. GENE GREEN of Texas. HONDA, Ms. LORETTA SANCHEZ of Cali- Mr. THOMPSON of California, Mr. CONAWAY, H.R. 6898: Ms. BERKLEY. fornia, Ms. LINDA T. SA´ NCHEZ of Cali- Mr. FEENEY, and Mr. ENGLISH of Pennsyl- H.R. 6904: Mr. DEFAZIO, Mr. BLUMENAUER, fornia, Ms. CASTOR, and Mrs. vania. and Mr. WALDEN of Oregon. NAPOLITANO): H.R. 5734: Mrs. LOWEY, Mr. CARNAHAN, Mr. H. Con. Res. 81: Mr. GENE GREEN of Texas. H. Res. 1458. A resolution recognizing and LAHOOD, and Mr. COHEN. H. Con. Res. 284: Mr. CARTER, Mr. SOUDER, honoring Johnny Grant for his work as the H.R. 5742: Ms. WATSON. and Mr. ADERHOLT. Honorary Mayor of Hollywood, California for H.R. 5793: Mr. GRAVES, Mr. LUCAS, Mr. H. Con. Res. 333: Mr. ROYCE. H. Con. Res. 360: Mr. SESTAK and Mr. NAD- more than a quarter of a century; to the CUELLAR, Mr. MOLLOHAN, Mrs. CAPITO, Mr. LER. Committee on Foreign Affairs. POE, Mr. WELLER, Mr. ISRAEL, Mr. ROSKAM, H. Con. Res. 383: Mr. BISHOP of Georgia, By Mr. YOUNG of Alaska: Mr. HALL of Texas, Mr. SOUDER, Mr. COSTA, Mrs. MUSGRAVE, and Mr. YOUNG of Alaska. H. Res. 1459. A resolution congratulating Mr. ALEXANDER, Mr. COLE of Oklahoma, Mr. H. Con. Res. 388: Mr. HERGER. Carlos Boozer, Corey Cogdell, and Matt BROWN of South Carolina, and Ms. EDDIE H. Con. Res. 393: Mr. GONZALEZ, Ms. NOR- Emmons for their outstanding achievements BERNICE JOHNSON of Texas. TON, and Mr. KILDEE. H.R. 5823: Mr. COURTNEY and Mr. in the 2008 Beijing Summer Olympic Games; H. Con. Res. 405: Ms. BORDALLO, Mr. WIL- CARNAHAN. to the Committee on Oversight and Govern- SON of South Carolina, and Mrs. CAPPS. H.R. 5842: Mr. MORAN of Virginia. ment Reform. H. Con. Res. 407: Ms. JACKSON-LEE of H.R. 5854: Mr. BISHOP of Georgia and Mr. f Texas. ICKS D . H. Con. Res. 409: Mr. BILBRAY, Mr. CHABOT, H.R. 5868: Mr. SMITH of New Jersey. ADDITIONAL SPONSORS Mr. WILSON of South Carolina, Mr. HERGER, H.R. 5965: Mr. SESTAK. Under clause 7 of rule XII, sponsors Mr. WAMP, Mr. GARRETT of New Jersey, Mrs. H.R. 6013: Mr. CAZAYOUX. BACHMANN, Ms. FALLIN, Mr. BROWN of South were added to public bills and resolu- H.R. 6029: Mr. SERRANO and Mr. HINCHEY. Carolina, Mr. SCALISE, Mr. MARCHANT, Mrs. tions as follows: H.R. 6126: Mr. CARSON. SCHMIDT, Mr. DAVIS of Kentucky, Mr. BAR- H.R. 211: Mr. TANNER. H.R. 6209: Mr. HONDA. RETT of South Carolina, Mr. KLINE of Min- H.R. 618: Mr. LATTA. H.R. 6220: Mr. SCALISE. nesota, and Mr. LAMBORN. H.R. 861: Mr. SCALISE. H.R. 6427: Mr. LYNCH and Mr. SKELTON. H. Con. Res. 411: Mr. SCOTT of Virginia, Mr. H.R. 1029: Mr. MORAN of Virginia, Ms. RICH- H.R. 6453: Mr. WITTMAN of Virginia. KING of New York, Mr. GOHMERT, and Mr. ARDSON, MRS. EMERSON, Mr. WU, and Ms. H.R. 6462: Mrs. LOWEY. STUPAK. H.R. 6477: Ms. LINDA T. SA´ NCHEZ of Cali- WASSERMAN SCHULTZ. H. Con. Res. 416: Mr. BARROW, Mr. WEINER, fornia and Mr. BRADY of Pennsylvania. H.R. 1073: Mrs. BIGGERT. Ms. BALDWIN, Mr. BUTTERFIELD, Mr. H.R. 6570: Mr. BISHOP of Georgia. H.R. 1322: Mr. ISRAEL. FOSSELLA, Mr. TOWNS, and Ms. MATSUI. H.R. 6581: Mr. KLEIN of Florida. H.R. 1363: Mr. SHULER. H. Con. Res. 417: Mr. HENSARLING, Mr. H.R. 6584: Mr. DEFAZIO, Mr. BLUMENAUER, H.R. 1398: Mr. RODRIGUEZ. FRANKS of Arizona, Mr. SAXTON, Mr. BARTON Mr. WALDEN of Oregon, and Mr. WU. H.R. 1428: Mr. SHULER. of Texas, Mr. MARCHANT, Mr. WITTMAN of H.R. 6585: Mr. DEFAZIO, Mr. BLUMENAUER, H.R. 1456: Ms. LORETTA SANCHEZ of Cali- Virginia, Mr. SHIMKUS, Mr. SHADEGG, Mrs. Mr. WALDEN of Oregon, and Mr. WU. fornia. BONO MACK, Mr. STEARNS, Mr. BOUSTANY, Mr. H.R. 6586: Mr. DEFAZIO, Mr. BLUMENAUER, H.R. 1524: Mr. MAHONEY of Florida. BARRETT of South Carolina, and Mr. AZAYOUX Mr. WALDEN of Oregon, and Mr. WU. H.R. 1650: Mr. C . NEUGEBAUER. H.R. 6587: Mr. HULSHOF. H.R. 1655: Mr. LEWIS of Georgia and Mr. H. Res. 671: Mr. WAMP, Mr. SERRANO, and H.R. 6594: Mr. KLEIN of Florida, Mr. GON- LINCOLN DIAZ-BALART of Florida. Mr. GENE GREEN of Texas. ZALEZ, and Mr. HODES. H.R. 1738: Mr. LATHAM. H. Res. 757: Ms. BALDWIN. H.R. 1767: Mr. MCCRERY. H.R. 6666: Mr. RADANOVICH, Mr. POE, Mr. H. Res. 888: Mr. CARTER. H.R. 1801: Mr. DAVIS of Illinois and Mr. CAMPBELL of California, Mr. BARRETT of H. Res. 988: Mr. BERRY. WOLF. South Carolina, Mr. DAVIS of Kentucky, Mrs. H. Res. 1042: Ms. CORRINE BROWN of Flor- H.R. 1820: Ms. CORRINE BROWN of Florida, SCHMIDT, Mr. GOODE, Mr. BROWN of South ida, Mr. COLE of Oklahoma, Mr. HARE, Mr. Mr. MURPHY of Connecticut, Mrs. LOWEY, Carolina, Mr. MCCOTTER, and Mr. MARCHANT. PASCRELL, Mr. BUTTERFIELD, Mr. GONZALEZ, Mrs. TAUSCHER, Ms. EDDIE BERNICE JOHNSON H.R. 6680: Ms. MATSUI and Mr. FILNER. and Mrs. BACHMANN. of Texas, Ms. ROS-LEHTINEN, and Mr. BACA. H.R. 6696: Mr. SHAYS. H. Res. 1179: Mr. FRANKS of Arizona. H.R. 1843: Mr. BOREN. H.R. 6735: Mr. CALVERT and Mr. SIMPSON. H. Res. 1333: Mr. GENE GREEN of Texas, Mr. H.R. 1903: Mr. SCHIFF. H.R. 6737: Mr. LAMBORN. MILLER of North Carolina, Mr. MARIO DIAZ- H.R. 2015: Mr. CLYBURN, Ms. CORRINE H.R. 6742: Mr. SESTAK. BALART of Florida, Mr. MCDERMOTT, and Mr. BROWN of Florida, Mr. CONYERS, and Mr. FOS- H.R. 6747: Mr. SESTAK. SCOTT of Virginia. TER. H.R. 6792: Mr. SESTAK. H. Res. 1338: Ms. SCHAKOWSKY. H.R. 2216: Ms. NORTON. H.R. 6797: Ms. WOOLSEY, Mr. HASTINGS of H. Res. 1352: Mr. SHAYS, Mr. MCCAUL of H.R. 2221: Ms. EDDIE BERNICE JOHNSON of Florida, and Mr. BOSWELL. Texas, Mrs. MILLER of Michigan, Mr. Texas, Ms. CORRINE BROWN of Florida, Mr. H.R. 6800: Ms. BALDWIN. REICHERT, Mrs. MALONEY of New York, Mr. BACA, Mr. MILLER of North Carolina, Ms. H.R. 6831: Mr. SCOTT of Georgia and Mr. ENGEL, Mr. HIGGINS, Mr. SERRANO, Mr. BACH- CASTOR, and Mr. UDALL of Colorado. PASTOR. US, Mr. MCNULTY, Ms. GINNY BROWN-WAITE of H.R. 2279: Mr. WITTMAN of Virginia. H.R. 6836: Mr. EHLERS, Mrs. MILLER of Florida, Mr. BILIRAKIS, Mr. BURGESS, Mr. H.R. 2332: Mr. DANIEL E. LUNGREN of Cali- Michigan, and Mr. ROGERS of Michigan. ROGERS of Alabama, Mr. JONES of North fornia and Mr. BISHOP of Georgia. H.R. 6848: Mr. KLINE of Minnesota and Mrs. Carolina, Mr. ARCURI, and Mr. ROHRABACHER. H.R. 2373: Mr. EMANUEL. BACHMANN. H. Res. 1356: Mr. GOHMERT. H.R. 2652: Mrs. BONO MACK. H.R. 6849: Mr. SKELTON, Mr. LOEBSACK, Mr. H. Res. 1369: Mrs. MCCARTHY of New York. H.R. 2724: Ms. ZOE LOFGREN of California. GOODLATTE, Mr. SHIMKUS, Mr. PETERSON of H. Res. 1375: Mr. MCCOTTER, Ms. EDDIE H.R. 3080: Ms. TSONGAS. Minnesota, Mr. LATTA, Mr. WHITFIELD of BERNICE JOHNSON of Texas, Mr. MCHUGH, Mr. H.R. 3326: Mr. HODES, Mr. CONYERS, Mrs. Kentucky, Mr. LINCOLN DAVIS of Tennessee, FOSTER, Mr. LAHOOD, Mr. BOSWELL, and Mr. BIGGERT, and Mr. FOSTER. Mr. SPACE, Mr. PRICE of North Carolina, Mr. JACKSON of Illinois. H.R. 3333: Mr. BARROW. MCHENRY, Mr. ROGERS of Alabama, Mr. H. Res. 1379: Mr. ABERCROMBIE. H.R. 3442: Mr. GRAVES. ELLSWORTH, Mr. TERRY, Mr. LUCAS, Mrs. H. Res. 1381: Mr. PASTOR, Mrs. NAPOLITANO, H.R. 3663: Ms. HIRONO. MILLER of Michigan, Mr. LAHOOD, and Mrs. Mr. BACA, Mr. CHANDLER, Ms. WOOLSEY, Mr. H.R. 4141: Mr. PAYNE. MYRICK. HINOJOSA, Mr. JEFFERSON, Mr. CROWLEY, Mr. H.R. 4851: Mr. HARE and Ms. LINDA T. H.R. 6853: Mr. KLEIN of Florida. GUTIERREZ, Mr. JACKSON of Illinois, Mr. SA´ NCHEZ of California. H.R. 6860: Mr. POE, Mrs. BACHMANN, Mrs. SIRES, Mr. GENE GREEN of Texas, Mr. H.R. 5131: Mrs. MILLER of Michigan. MUSGRAVE, Ms. FALLIN, Mr. BROWN of South LOEBSACK, Mr. PASCRELL, Mr. THOMPSON of H.R. 5174: Mr. GERLACH. Carolina, Mr. PRICE of Georgia, Mr. GOODE, Mississippi, Mr. FATTAH, Mr. DOYLE, Ms. H.R. 5268: Mr. COSTA, Mr. MURPHY of Con- Mrs. SCHMIDT, Mr. MCCOTTER, Mr. BROUN of LEE, Mr. PAYNE, Mr. ROSS, Mr. KANJORSKI, necticut, Ms. HOOLEY, and Mr. BERRY. Georgia, Mr. LAMBORN, Mr. GINGREY, Mr. Mr. BERMAN, Mrs. MCCARTHY of New York, H.R. 5469: Mr. SESTAK. DOOLITTLE, Mr. HERGER, and Mr. MARCHANT. Mr. ENGEL, Mr. HASTINGS of Florida, Mr. ED- H.R. 5603: Mr. SPACE. H.R. 6864: Mr. MCHUGH, Mr. RYAN of Wis- WARDS of Texas, Mr. DELAHUNT, Mr. HILL, H.R. 5629: Mr. DONNELLY. consin, and Mr. TIM MURPHY of Pennsyl- Mr. HOLT, Mr. SCHIFF, Mr. REYES, Mr. POM- H.R. 5635: Mr. MCDERMOTT. vania. EROY, Mr. KENNEDY, Ms. ZOE LOFGREN of H.R. 5652: Ms. JACKSON-LEE of Texas. H.R. 6871: Mr. SHERMAN. California, Mr. SCOTT of Virginia, Mr. H.R. 5656: Mr. HELLER, Mr. DOOLITTLE, and H.R. 6873: Mr. GONZALEZ, Ms. GINNY BROWN- RODRIGUEZ, Mr. BECERRA, Mr. HONDA, Mr. Mr. GOODE. WAITE of Florida, Mr. SMITH of New Jersey, GONZALEZ, Ms. VELA´ ZQUEZ, and Mr. DOGGETT.

VerDate Aug 31 2005 04:39 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00119 Fmt 4634 Sfmt 0634 E:\CR\FM\L17SE7.100 H17SEPT1 rfrederick on PROD1PC67 with HOUSE H8398 CONGRESSIONAL RECORD — HOUSE September 17, 2008 H. Res. 1386: Mr. CALVERT, Mr. RADANOVICH CONGRESSIONAL EARMARKS, LIM- benefits as defined in clause 9(d), 9(e), or 9(f) and Mr. REICHERT. ITED TAX BENEFITS, OR LIM- of Rule XXI. H. Res. 1405: Mr. MCCOTTER and Mr. WOLF. ITED TARIFF BENEFITS H. Res. 1414: Ms. BALDWIN. H. Res. 1427: Mr. WOLF, Mrs. MILLER of Under clause 9 of rule XXI, lists or f Michigan, Mr. FORTENBERRY, Mr. statements on congressional earmarks, HENSARLING, and Mr. YOUNG of Florida. limited tax benefits, or limited tariff DELETIONS OF SPONSORS FROM H. Res. 1438: Mr. LINCOLN DIAZ-BALART of benefits were submitted as follows: PUBLIC BILLS AND RESOLUTIONS Florida. OFFERED BY MR. COLLIN C. PETERSON OF H. Res. 1440: Mr. ALLEN. Under clause 7 of rule XII, sponsors H. Res. 1445: Mrs. MYRICK, Mr. MOORE of MINNESOTA Kansas, and Mr. HIGGINS. H.R. 6604, the ‘‘Commodity Markets Trans- were deleted from public bills and reso- H. Res. 1446: Ms. JACKSON-LEE of Texas, Mr. parency and Accountability Act of 2008,’’ lutions as follows: GRIJALVA, Mrs. NAPOLITANO, and Mr. HIN- does not contain any congressional ear- H.R. 2169: Mr. LARSEN of Washington. CHEY. marks, limited tax benefits, or limited tariff

VerDate Aug 31 2005 04:39 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00120 Fmt 4634 Sfmt 0634 E:\CR\FM\A17SE7.108 H17SEPT1 rfrederick on PROD1PC67 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, WEDNESDAY, SEPTEMBER 17, 2008 No. 148 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, that. Any of the 99 Senators can object called to order by the Honorable BEN- PRESIDENT PRO TEMPORE, to having a vehicle to do that. We, of JAMIN L. CARDIN, a Senator from the Washington, DC, September 17, 2008. course, procedurally, could move to State of Maryland. To the Senate: something, but it could take a couple Under the provisions of rule I, section 3, of the Standing Rules of the Senate, I hereby extra days. Of course, everyone should PRAYER appoint the Honorable BENJAMIN L. CARDIN, understand that we may have to be The Chaplain, Dr. Barry C. Black, of- a Senator from the State of Maryland, to working the next week or so with no fered the following prayer: perform the duties of the Chair. time off. If we have people who are try- Let us pray. ROBERT C. BYRD, ing to slow things up, stall things, then ‘‘O God, our help in ages past, our President pro tempore. we are going to have to use the time hope for years to come. Our shelter Mr. CARDIN thereupon assumed the that we have to use, procedurally, to from the stormy blast, and our eternal chair as Acting President pro tempore. get to an instrument. Once we get to home. Before the years in order stood, f that, Senator MCCONNELL and I have or Earth received her frame, from ever- an agreement that we are going to try RECOGNITION OF THE MAJORITY to effectuate where we would vote on lasting, You are God, to endless years LEADER the same.’’ Isaac Watts, 1719. paying for all the tax extenders as it Lord, today we praise You for Your The ACTING PRESIDENT pro tem- relates to renewables. Then we would justice and the impartiality of Your pore. The majority leader is recog- have a vote on whether we are going to love and mercy. nized. pay for AMT, and then a vote on the Shower our lawmakers with Your f package and send that to the House. Of course, after that, there are other matchless favor as You enfold and sus- SCHEDULE tain them with Your gracious love. things we need to do. We have an eco- Lord, quicken their minds to seek Your Mr. REID. Mr. President, the sched- nomic recovery package. The House wisdom and infuse them with the de- uled termination date of this Congress will be sending us that. We have a CR sire to do Your will. Give them decisive is a week this coming Friday—a week that we have to complete to fund the guidance in the relationships and re- after the day after tomorrow. We have Government. There is one thing I sponsibilities ahead of us. Speak so a lot to do. We are going to finish, didn’t mention by oversight. clearly to them that their utterances sometime today, the Defense author- When we finish the tax extenders, we will reflect the tenor and tone of Your ization bill. I am in conference with have to do the rest of our energy legis- truth. Senator LEVIN to see if there is some- lation. That is the bill the House We pray in Your great Name. Amen. thing we can work out. If not, this passed last night. We can use that for a matter will be completed, no matter vehicle. Everybody is expecting—right- f what anyone does, at 9:30 tonight. The fully so—that there would be a vote on vote tonight is on passage of the bill. It Senator BINGAMAN’s alternative, there PLEDGE OF ALLEGIANCE is not 60 votes. We just have to get a would be a vote on the Republican al- The Honorable BENJAMIN L. CARDIN simple majority. ternative, and there would be a vote— led the Pledge of Allegiance, as follows: I will file cloture on the Coburn if, in fact, they decide to move forward I pledge allegiance to the Flag of the package, which has scores of bills in it on it—on the Gang of 10’s so-called bi- United States of America, and to the Repub- that have been held up. I had a very partisan legislation. So there is the lic for which it stands, one nation under God, good conversation with him yesterday. House-passed bill, the Bingaman bill, indivisible, with liberty and justice for all. I will meet with him later today to see the Republican alternative, and the bi- if we can work something out and partisan bill. All of them include drill- f move forward on that without a clo- ing. So people can vote their hearts out ture vote. I hope that can be done. Sen- on drilling. Someone could actually APPOINTMENT OF ACTING ator COBURN said he thought it could vote for all four of those. PRESIDENT PRO TEMPORE be. I hope that is, in fact, the case. I As I indicated, we have the CR. There The PRESIDING OFFICER. The will be as reasonable as I can be, and I are a lot of other things the CR may clerk will please read a communication am hopeful and confident that he will take care of that we have not finished, to the Senate from the President pro be. including MilCon, VA, and Homeland tempore (Mr. BYRD). After that—whatever is determined Security appropriations; and there are The legislative clerk read the fol- on that—we are going to move to the people out there who are concerned lowing letter: tax extenders. We need a vehicle to do about things we should do before we

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

S8897

.

VerDate Aug 31 2005 02:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.000 S17SEPT1 smartinez on PROD1PC64 with SENATE S8898 CONGRESSIONAL RECORD — SENATE September 17, 2008 leave here, such as LIHEAP. Hopefully, tree had fallen across the road. That vation of liberty. Amended many times that could be included in either the was replicated across Louisville, KY. but never abandoned, our Constitution stimulus package or the CR. Oil prices The power in my own house is still is the oldest still in use today. are not as high as they have been, but out—to personalize it—as it is in a We celebrate, every year, the bril- fuel oil in the Northeast is expected to huge number of houses in Louisville liant document our Founders gave us be high this winter. We hope to work and northern Kentucky, which is by marking September 17 as Constitu- something out on mental health par- across from Cincinnati. This had a se- tion Day. Senator BYRD was the one ity, the Ledbetter issue. We could have vere impact on a lot of people. The who suggested that we do that. It is a another vote on that, if I decide that. good news is that the hospitals and day for all Americans, but especially We have a lot to do. major facilities do have power. schoolchildren, to learn more about the This morning, we are going to have a As many as 170,000 homes are still Constitution, to understand how it period for morning business for up to 1 without power. And schools in several works, and to appreciate how it has hour, as soon as I complete my state- counties remain closed today as the guided our Nation through growth and ment. The majority will control the cleanup continues. change. first 30 minutes. My understanding is State and local officials are working I want to thank the senior Senator that Senator DORGAN is here and avail- as hard as they can to survey the de- from West Virginia for sponsoring the able, and he will speak for about 15 struction and get help to anyone who legislation 4 years ago to mark this minutes. The Republicans will control needs it. day and to celebrate this seminal docu- the last 30 minutes. I expect the State will soon ask the ment. We all know the love Senator Following that, we will resume con- Federal Government for disaster assist- BYRD has for American history, and the sideration of S. 3001, the Defense au- ance, which I will strongly support. history of the Senate. thorization. Yesterday, cloture was in- f He knows that you cannot truly un- voked on the Defense bill, and I an- derstand how liberty is preserved in THE ECONOMY nounced at that time I was appre- our country without understanding the ciative of the help we got from the Re- Mr. MCCONNELL. Mr. President, Constitution. Thank you, Senator publicans. All postcloture debate time families all across America are con- BYRD for your efforts. will expire about 9:30 tonight. cerned about their financial security. Constitution Day serves to promote As Congress, the administration and f civic awareness. In Kentucky, we take Federal Reserve consider the appro- this charge seriously, and through im- RESERVATION OF LEADER TIME priate measures to strengthen our cap- portant efforts like the Civic Literacy The ACTING PRESIDENT pro tem- ital markets, I believe it is imperative Initiative of Kentucky and other pore. Under the previous order, leader- that we do so in a bipartisan manner. projects, we are working to increase ship time is reserved. Now more than ever is the time to civic awareness across the Bluegrass rise above politics and work together. State. f Our constituents do not want campaign So on this day, we recognize the stu- MORNING BUSINESS speeches and hyperpartisan accusa- dents, teachers, and community lead- tions—they want security for their The ACTING PRESIDENT pro tem- ers in Kentucky and across the Nation home and savings. They want energy pore. Under the previous order, there who promote and protect the ideals of security and lower costs for gas and will now be a period for the transaction our glorious Constitution. oil. And they want protection from fu- of morning business for up to 1 hour, And we say a special thanks for our ture tax hikes on their income. with Senators permitted to speak men and women in uniform, who defend Government should be focused on bi- therein for up to 10 minutes each, with it. partisan efforts to address the funda- the time equally divided and controlled More than two centuries ago, the 39 mental problems in the credit markets between the two leaders or their des- signers of our Constitution gave us a and must be cautious in putting tax- ignees, with the majority controlling more perfect Union through a docu- payer dollars at risk. And we should the first half and the Republicans con- ment that endures and guides us here work together to help all Americans. trolling the second half. today. They understood, as we all f must, that above all, Government f CONSTITUTION DAY serves to secure the blessings of liberty RECOGNITION OF THE for the people of our great Nation. Mr. MCCONNELL. Mr. President, in REPUBLICAN LEADER Mr. President, I yield the floor. giving these remarks, I am saluting The ACTING PRESIDENT pro tem- Mr. REID. Mr. President, I applaud Senator BYRD. my colleague for the statement he pore. The Republican leader is recog- Just a few short blocks from this nized. made. The Constitution is our guiding Capitol at the National Archives lies document in this great country. There f an old and yellowing document, en- isn’t too much emphasis we can place cased under heavy glass. HURRICANE IKE on it. I respect the words of my col- It is the Constitution of the United league. I am confident that he speaks Mr. MCCONNELL. Mr. President, the States, signed on this day in 1787 by 39 for all Senators. impact of Hurricane Ike, as we all brave Americans. They and their coun- The ACTING PRESIDENT pro tem- know, devastated part of the United trymen had just fought a war for lib- pore. The Senator from North Dakota. States, including my State of Ken- erty. And they understood that the tucky. This past Sunday, 70-mile-per- highest goal of a government is to pre- f hour winds blew through the State, serve and protect that liberty. leaving thousands of people with dam- The oldest delegate, Benjamin THE ECONOMY aged or destroyed property. Franklin, was already revered by his Mr. DORGAN. Mr. President, it is I could give my own personal obser- colleagues as one of America’s greatest now Wednesday of a week that began vation about it. My wife and I were out statesmen. They wanted to hear his with a 504-point collapse in the stock at lunch Sunday when the storm came opinion on their work. Franklin told market on Monday. The American through. There were very high winds, his compatriots in Philadelphia, ‘‘I economy, I think most people would as I indicated—70-mile-an-hour winds— consent, sir, to this Constitution, be- understand, is in serious trouble. These which we are certainly not accustomed cause I expect no better, and because I are not ordinary times for our country. to in Louisville, KY. We drove home am not sure that it is not the best.’’ We have been the economic engine of and saw that one way into our house Over two centuries later, we can say the world. We have built an economic was blocked because a tree in our own proudly that the system of Govern- engine that is unparalleled. It has been yard had fallen across the road. We ment those great men devised is the an unbelievable economy, and created took another route around to try to get best—simple in form, elegant in func- great jobs. Yet we now run into some into the back of the house, and another tion, and firmly devoted to the preser- very significant problems.

VerDate Aug 31 2005 23:34 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.003 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8899 The financial wreckage that has oc- traditional banking from the more document your income, that is no prob- curred in recent months in this coun- risky enterprises. That existed for lem. We will give you a no-doc loan. try is almost staggering. Very large in- many decades until about 9 years ago You don’t have to document your loan. vestment banks that have been around when the Financial Modernization Act, We will give you low-doc loan so you do for a long while are gone. Bear Stearns, as it was inappropriately named and minimum documentation of your in- Lehman Brothers, Merrill Lynch, ven- led by Senator Gramm from Texas, was come. By the way, you don’t have to erable old investment firms. Bear passed by the Congress. I was one of make any payments the first 12 Stearns, a 158-year firm, survived the eight Senators to vote against it be- months, or you can make payments the Civil War, the Great Depression, but it cause it repealed the elements of the first 12 months and pay no principal or could not survive today. Glass-Steagall Act and created the op- you can pay no principal and only par- What has happened? What is causing portunities for large financial holding tial interest. Unbelievable. All of these all this? We understand in the months companies to once again fuse and companies, shame on them. Unbeliev- of this year up to $1 trillion of tax- merge together banking with inher- able, unfettered greed making money payers’ money has been offered in sup- ently risky enterprises of securities, by the barrel, leaving the rest of us port—loan guarantees and various real estate, and others. with the financial wreckage that oc- things—to try to contain the growing I know they said: No, no, we are curred. financial difficulty in this country. building firewalls. The firewalls, it Here is what happened. They put out I am not going to second-guess those turns out, are not very thick. We all these bad mortgages, called who are working day and night trying learned a lesson and forgot it. subprime mortgages. They mixed them to figure out how we stem the damage. Let me describe what happened. Once with good mortgages and securitized I don’t know the figures. I am not in all of this happened, at the root in this them because these days they the engine room to know all of the country that deals with greed, we had securitize everything. They discovered dials, gauges, and knobs that they are investment banks, mortgage brokers, these new exotic financial instruments working on to try to figure out how we hedge funds, and mortgage banks, all of and put them all together like sawdust stem the damage. So I am not going to them up to their neck in cash, barrels and sausage, as they used to do, and be critical today of guarantees and full of cash they were making. Let me put bad loans in with good loans. With takeovers and so on. describe how they were doing it, and all these loans, they put in prepayment I am going to say to the American most people will understand this penalties saying: We are going to stick people that they should not worry wreckage is not a surprise at all. you with a reset with a much higher about their bank account in an insured Here is what they were doing in this interest rate despite the fact we did a bank. I don’t think anybody should be country: As the housing bubble was teaser rate at the front end. And when concerned or run down and try to take building, caused in part by easy money the higher interest rate happens 3 their deposits out of their local banks advertised to people who had bad cred- months from now, you may not be able where their deposits are insured by the it, we saw bad loans put out there in to pay it, but it doesn’t matter. You FDIC. Those are sound, and those de- what was called then—the new lexi- can flip your property because you will posits are not in jeopardy. con—subprime lending. Here is what make money. Home prices are going Even in the middle of a financial Countrywide, the largest mortgage up. storm of the type we are experiencing, banker said: So they put in prepayment penalties, I think it is reasonable for the Amer- Do you have less than perfect credit? Do and the prepayment penalties made ican people, when midnight meetings you have late mortgage payments? Have you these little securities seem like this are proposing tens of billions, $30 bil- been denied by other lenders? Call us . . . was a sure thing and big money. The lion or $85 billion of taxpayers’ money Isn’t that unbelievable? Countrywide broker got the mortgage, got a big to try to shore up institutions and deal doesn’t exist anymore because it was bonus, went to the mortgage compa- with this spreading problem, to ask the bought by another firm before it went nies—Countrywide and others. They question: How on Earth did this hap- belly up. securitized them and set them up in a pen, and why did it happen? It wasn’t just Countrywide. Here is hedge fund and moved them around the There are two reasons, and it is im- an ad I pulled off the Internet. It was world. portant to talk about them even in the running on television and radio. Mil- Now they sit with these pieces of se- middle of the storm. One is greed, un- lennia Mortgage: curity, and they don’t have the fog- believable greed; and the second is, in 12 months, no mortgage payment. That’s giest idea what is in them. All of a sud- my judgment, deliberate neglect. I will right. We will give you the money to make den, they go belly up. Mr. President, $1 talk about each. your first 12 months’ payments if you call in billion, $10 billion, $100 billion, $1 tril- The reason I want to talk about them the next 7 days. We pay it for you. Our loan lion, and the carnage spreads across is because we have to make sure we un- program may reduce your current monthly this country’s economy. derstand what has caused this problem payments by 50 percent and allow you no Greed, unbelievable greed. This is all payments for the first 12 months. in order to fix it and to make sure it about making big money in a manner doesn’t happen again. It is not as if Isn’t that unbelievable? That is noth- that defies good business sense, and this country hasn’t seen banks col- ing compared to these kinds of adver- even more, deliberate neglect by regu- lapse. We saw banks collapse in the tisements, and most of us have heard lators in this town. This is no time for 1930s in the Great Depression. Franklin them. politics, but let me say this. At the Delano Roosevelt put together the New Zoom Credit, here is what it said: start of this administration, regulators Deal and put together very specific, Credit approval is just seconds away. Get came to this town and served notice: very stringent provisions dealing with on the fast track at Zoom Credit. At the It’s a business-friendly place. Don’t speed of light, Zoom Credit will preapprove banking and the safety and soundness you for a car loan, a home loan, or a credit worry, be happy. We don’t intend to of banks. Not just the safety and card. Even if your credit’s in the tank. Zoom regulate. One regulator in one agency soundness in numbers but the safety Credit’s like money in the bank. Zoom Cred- said: It’s a new day here, a new sheriff and soundness with respect to percep- it specializes in credit repair and debt con- in town. This is a business-friendly tion of that safety and soundness. solidation, too. Bankruptcy, slow credit, no place. They said we learned a lesson in the credit—who cares? When the regulators decide they are 1920s, and that lesson is we ought not Is this business? No, this is insanity. not going to regulate, it is like taking merge and fuse together inherently This is not business. Zoom Credit: Your the cop off the beat. Regulators rep- risky items such as securities, real es- credit is in the tank, there is money in resent the referee or the cop. I have tate, insurance, and other things with the bank for you. used the referee analogy—a striped banking, whose entire existence de- On top of that, in addition to putting shirt and whistle, and they call the pends on the perception of safety and mortgages out to people who had bad fouls. There have been no fouls here. soundness. credit, here is what they advertised: When you have a mortgage company Glass-Steagall and other legislative You want to get a loan with no docu- that says: You have bad credit, you provisions were created that separated mentation so you don’t even have to have been bankrupt. You can’t pay

VerDate Aug 31 2005 23:34 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.006 S17SEPT1 smartinez on PROD1PC64 with SENATE S8900 CONGRESSIONAL RECORD — SENATE September 17, 2008 your bills? Come to us. The regulator that we have some $40 trillion in no- ergy policy with short-term and long- should say: What are you doing? They tional derivative values of credit de- term solutions—critically important. say: We want to give you a mortgage fault swaps? Most people who have America deserves no less, and Ameri- that has an unbelievably low rate, 11⁄4 them don’t even know what they are. cans deserve no less. It is a matter of percent and resets at 10 percent and Most people didn’t understand what national and economic security. you don’t have to document your loan. kind of infection existed deep in these Securing our energy future will free We will make the first 12 payments for securitized issues that were being sold America from being held hostage by you. Unbelievable, in my judgment. back and forth and everybody making foreign producers, and quite honestly, Regulators sat by and watched, and money. They had no idea what was in most of them don’t like us much— it has cost this country $1 trillion as a them that was going to blow up at countries such as Russia, Venezuela, result of the unfettered greed that some point. And it has blown up with a and Saudi Arabia. Renewable energy moved across this country. significant force at this point that, so projects will generate good new jobs The fact is, Senator MCCAIN recently far, has cost the American people, by here in America while creating a sus- said the economy is fundamentally my calculation, up to $1 trillion. tainable energy supply at affordable sound. It is not. What has happened This ought to be an indelible lesson prices for American consumers. here is the erosion of economic learned for this institution and for the I have spoken many times on this strength as a result of unbelievable American people. Greed must be con- floor about the need to drill for oil in greed with the subprime mortgage that strained. places that make sense in this country. has spread all over the country. The market system is a wonderful One of them in particular is a forma- By the way, I mentioned that what system, but you must have a traffic tion called the Bakken formation in took away Financial Modernization cop on the beat. You must have regu- eastern Montana. I have called on my Act Glass-Steagall and the protections lators who regulate. When you begin to colleagues to work together to crack we put in place was Financial Mod- take apart things that were protecting down on oil speculators who artifi- ernization Act, also known as the this country, such as the Glass- cially drive up the price of oil, and, of Gramm-Leach-Bliley Act. That is Sen- Steagall Act, and promising all kinds course, I have spoken about the need to ator Phil Gramm who led the fight of nirvana for tomorrow, when it comes conserve—the low-hanging fruit, con- here to do that. I didn’t vote with him. apart, you need to go back and do it serve, conserve, conserve—and to in- He is out still advising Senator MCCAIN over again and do it right. vest in alternative and renewable en- on the economy. Mr. President, as I said, these are dif- ergy for the future to make this coun- Again, this is not about politics, but ficult days, and I want to end as I try energy independent. it is about what happened, how it hap- started. I don’t want people who listen That is why I rise today. In Montana, pened, why it happened, and what we to this discussion to believe they several alternative energy projects ought to do to make sure it doesn’t should run to the bank and take their have been held up by the Federal Gov- happen again. We need effective regu- deposits out. Insured deposits in Amer- ernment. Why? Because of too much lators who decide they are going to do, ican banks are sound, and the Amer- redtape. And this administration has in the interest of the American tax- ican people should understand and not cut staff and resources just when we payers, what they should do. We ought worry about that. That is very impor- need them the most in the area of re- to go back and plug the loophole that tant. What we should worry about are newable energy. That is why I am in- was opened by Senator Gramm and the political calculations that led us to troducing legislation, along with Sen- others who said: You know what. Let’s take apart the protections, such as ator FEINSTEIN, that will help get re- forget the lessons of the past. Let’s let Glass-Steagall and others, and second, newable energy projects approved fast- big holding companies gather up big fi- the unfettered greed that was going on er. The measure will cut through the nancial enterprises and put them into under the noses of regulators who came redtape that slows down too many of one big sack, and they will run just to this town in 2001 and who decided these innovative and important fine. they didn’t have any interest in regu- projects. My bill will make it easier for They are not running just fine. They lating anything. Those are lessons we folks who are figuring out how to use are undermining this country’s eco- need to learn and learn well. new technology to solve the energy cri- nomic strength. Mr. President, I yield the floor. sis while also cutting down on the Mr. President, how much time have I The ACTING PRESIDENT pro tem- emissions of greenhouse gases. It would consumed? pore. The Senator from Montana. also create as many as six renewable The ACTING PRESIDENT pro tem- f energy pilot project offices across the pore. The Senator has used 13 minutes. country to coordinate Federal permits Mr. DORGAN. Mr. President, I will ENERGY for renewable energy projects and say again, as I said when I started, this Mr. TESTER. Mr. President, I first transmission lines with State govern- is no ordinary time. Our economy is in wish to thank the Senator from North ments. peril. We will recover. I hope the kinds Dakota for his comments. I think it is This legislation is only a part of the of things that are being done by good particularly important, as we get the puzzle, but it is a very important piece. people who are working 24 hours a day news day after day about what is going In the 2005 Energy bill, we created an to try to deal with this wreckage will on in the financial markets of this oil and gas pilot project to speed up on- help our economy recover. We are a country, that we don’t panic. The fact shore gas and oil exploration drilling, very strong country, and we have had is, I think the investments we have in and it is working. If we had put the some people who have undermined this our banks are secure. There is no doubt same focus on renewable energy that country’s economic strength, but I be- about that. But the truth is, we have we have on oil and gas, we would be in lieve we will overcome it. But we won’t gotten here by an administration that, a different spot today. And we won’t overcome it unless we understand what quite honestly, has not done its job run out of renewables as we will with happened, how it happened, and why it with commonsense oversight, and oil. happened. greed has stepped in. The bottom line I very much appreciate the work I say again, as I said yesterday on the is that it is costing the Government a many of my colleagues have been doing floor of the Senate, this is not some lot of money—$85 billion yesterday—to to develop a bipartisan energy pro- mysterious illness for which we don’t basically nationalize AIG. So I thank posal, and I support their work. I call have a cure. It is pretty obvious what the Senator from North Dakota. I on the Senate to work together to pass happened, and it is pretty obvious what think his comments are on point. commonsense solutions to this energy we have to do to fix it. Today, I want to talk about some- crisis. We can’t put all our eggs in one I have been on the floor of the Senate thing that has been on our minds for basket energy-wise. Energy security talking for some years about this issue, some time and will be on our minds for will take a mix of solutions, and it is about the unbelievable amount of le- some time; that is, the cost of energy. not going to happen overnight. But verage and the exotic financial instru- It is an incredibly pressing issue, and it every day we delay is another day we ments. Does anybody out there know is long past due for a commonsense en- continue to rely on foreign energy.

VerDate Aug 31 2005 23:34 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.007 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8901 Mr. President, I yield the floor. when I asked him: What can we do now sion of the 1920s—it took a new Presi- The ACTING PRESIDENT pro tem- to avoid further collapses of giant com- dent and a new way of thinking to turn pore. The assistant majority leader is panies and institutions? He said: We America around and to get the econ- recognized. have to step back and look at the omy back on its feet. That President, f whole system of regulation. Franklin Roosevelt, came in and estab- I think that was a very candid anal- lished Federal agencies that would de- THE ECONOMY ysis because we know what has hap- mand accountability, and in return he Mr. DURBIN. Mr. President, yester- pened. The traditional basis for our fi- said that we will stand behind the day evening, in room 219 just off the nancial dealings in America has been banks of America. It is a promise we Senate Chamber, there was a historic banks and other credit institutions, have kept now for over 75 years. meeting where Mr. Bernanke, Chair- which are regulated by the Govern- Of course, there is regulation of fi- man of the Federal Reserve Board, and ment. But in recent times, an addi- nancial institutions and there is also a Mr. Paulson, Secretary of the Treas- tional credit world has emerged. It is a guarantee that your deposits at your ury, gathered at a large conference dark and shadowy world without the bank are going to be protected by the table with the leaders of both the disclosure of these traditional institu- Government—the Federal Deposit In- House and the Senate, of both political tions and with little or no regulation. surance Corporation. That is a good parties. The information he gave us It is that world which is coming down. tradeoff. We will provide rescue if we was serious, and we listened carefully It turns out that if these institutions can regulate. But currently we are as Mr. Bernanke explained that the are not carefully monitored, if there is coming to the rescue of unregulated Federal Reserve was about to loan $85 not appropriate oversight and account- entities for activities that the Govern- billion to the largest insurance com- ability, greed overtakes common sense, ment has had nothing to do with, and pany in America—AIG. and that is what has happened. So that has to change. We have to have Mr. Bernanke spelled out what would many of these institutions are failing, accountability across the board in our happen if AIG failed, which he believed and with their failure comes added re- economy. That is a critical element was imminent, absent intervention by sponsibilities for taxpayers. when it comes to the future. This Con- the Government; that this insurance It is curious to me that when we gress is not going to do it. The Presi- company had 180 subsidiaries, a $1 tril- reach these disastrous situations, it is dent is ending his term with only a few lion operation, and the impact of its the taxpayers—the average family in months left. He is not in a position to demise would be felt across America America—who need to ride to the res- suggest major reform legislation in and around the world. He explained it cue. It is their tax dollars that are these closing months, and Congress is is more than just an insurance com- going to keep these institutions afloat not in a position to pass it. But we pany, it is a company that has insured for some period of time. They didn’t have a responsibility in the new Con- many contracts, and if that insurance reap the profits of these institutions in gress to accept that challenge and to failed, it would call into question con- their glory days, but now their tax dol- put in appropriate regulation. tractual obligations involving financial lars are sustaining the skeletons that The era of Phil Gramm deregulation institutions and individuals across are left so that there will at least be is an era that has not only declined but America. some continuity. fell over the last several weeks. That It was very clear by the end of his ex- I think we need to step back and take may have inspired JOHN MCCAIN years planation that we had few alternatives, an honest look at this and realize we ago, but that cannot lead our country few options other than to step in. Al- have gone too far when it comes to this in the future. We have to have a much though I understand this to be unprece- notion that we have to ‘‘get Govern- more honest appraisal that if the tax- dented, it appears to be one of the few ment off our back.’’ It turns out there payer dollars are going to be on the things we can do to stop AIG from col- are moments in history and there are line to rescue these corporations, the lapsing and bringing down a large part situations where individuals, families, Federal Government should have some of the American economy with it. and even businesses alone cannot man- oversight and demand accountability This, of course, comes on the heels of age this economy. We need to have the in the operation of these institutions announcements earlier in the week American family—we need to have our before it reaches that point. that Lehman Brothers was going to Government that we have elected and There is one other element that I fold. I understand a substantial portion chosen in a position of oversight to think is important which we brought of it may be taken over by Barclays, stop the excesses. We need to make up in the meeting last night. Despite and I think that is a good thing, par- sure we have agencies with the appro- all this conversation about all the tur- ticularly for the 10,000 employees priate statutory authority to ask the moil on Wall Street and all of the tur- whose jobs may be preserved. We also right questions, to disclose the right moil in our economy, there seems to be heard that Merrill Lynch, one of the information, and to stop wrongdoing. a hands-off attitude when it comes to traditional giants on Wall Street, had That has not happened, and that fail- the Americans facing mortgage fore- to close down business and accept pur- ure has led to the situation we see at closure. What started this economic chase by the Bank of America. That this moment. tumble was the subprime mortgage was a week after Fannie Mae and Senator MCCAIN and his inspiration, mess, where financial institutions were Freddie Mac, the two giants of the former Senator Phil Gramm of Texas, derelict in their responsibility, entic- housing industry in America, reached a are part of the deregulation school— ing people into mortgage debt way be- point where the Federal Government get Government out of the business of yond their means, giving them these had to take over the responsibility for regulation. In fact, Senator MCCAIN exotic financing packages which ex- their future so that the housing mar- prides himself on being a leader when ploded when the ARMs reset, and now ket could be stabilized. And it was just it comes to deregulation. Well, it is many of them are facing foreclosure. a few weeks after that same adminis- that concept of deregulation that has This last August, we hit another tration stepped in to take over Bear brought us to this moment. We have to record high in foreclosures—304,000 Stearns. have appropriate regulation. I don’t homes in some stage of default and This sequence of events has caused want the Government to go too far, but 91,000 families losing their homes, ac- concern across America and around the clearly, when the Government steps cording to RealtyTrac, an online mar- world. I believe the response by the ad- aside and says: Let 10,000 flowers keter of foreclosed properties. I think ministration, at least through the Fed- bloom, let this economy emerge, let’s this is the rot at the base of the econ- eral Reserve, is the best of the bad al- see the miracle of capitalism, sadly, omy, and when I have appealed to my ternatives that were available to it. those miracles turn into tragedies, as colleagues in the Senate on the Repub- But it raises some extraordinary ques- they did over the last several weeks. lican side, the Secretary of the Treas- tions we have to face, and Congress has We need to make sure we have agencies ury, and even the Chairman of the Fed- to accept the challenge these events of Government doing the right thing. eral Reserve, that we need to look at present to us. The challenge was ex- In the darkest economic moment in these mortgage foreclosures in a spe- pressed by Mr. Bernanke last night American history—the Great Depres- cific way to see how many of these

VerDate Aug 31 2005 23:34 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.008 S17SEPT1 smartinez on PROD1PC64 with SENATE S8902 CONGRESSIONAL RECORD — SENATE September 17, 2008 families, if given a reasonable oppor- States and the Secretary of Health and In the worst of disasters, usually you tunity, could stay in their homes, they Human Services, Secretary Mike find the greatest examples of the have said: No, we don’t want to put our Levitt, along with David Paulson, the human spirit, neighbors helping neigh- hands on that; we have to let the mar- Administrator of the Federal Emer- bors. Faith-based organizations, for no ket work its will. Well, we didn’t let gency Management Agency. It had other cause than serving their very the market work its will with Bear been 2 days before that, on Sunday, basic mission, are out there making Stearns. We came to their rescue. We that I had done the same thing in sure people are fed, making sure they didn’t let the market work its will southeast Texas, in the Beaumont are sheltered, doing everything they with Fannie Mae and Freddie Mac. We area, talking to the mayors and county can to help people rebuild their lives. rescued them. We certainly didn’t let judges in that afflicted part of the We were fortunate in one sense that the market work its will with AIG. We State, as well as having been to Gal- the storm was not as bad as originally decided that for the good of our econ- veston. Those two places, particularly predicted. At one point, there was an omy we had to step in. I believe those Orange County and Galveston County, estimate that 125,000 homes would be were reasonable efforts to stabilize our in the southeast part of our State, took lost; that the surge would reach up to economy, but helping the families fac- the brunt of Hurricane Ike. 25 feet; that is, the water being pushed ing foreclosure is also reasonable. Now There are a lot of people hurting now ahead of the storm would actually that our Government is taking over in Texas. We have roughly 2 million come all the way up the Houston Ship Fannie Mae and Freddie Mac, I think it people without power. Many people Channel and cause massive destruction have left their homes under evacuation ought to step in with a new policy and flooding and possibly loss of orders and do not know what the condi- when it comes to renegotiating the human life. While too many people did, tion of their home is and certainly are mortgages of people who are facing in fact, lose their lives, fortunately it dying to get back so they can assess foreclosure. was not as bad as it could have been. where they are—whether they have I have had a proposal before the Sen- Texans remember and history reminds been wiped out or whether there is ate, which was rejected on a largely us it was just 1900 when Galveston was something they will be able to rebuild, partisan basis, which basically said hit by another hurricane where any- whether this is something from which that if you go into bankruptcy in fore- where between 6,000 and 8,000 people they can recover. died. Fortunately, the numbers were in closure, the court will have a chance to At the same time, we know there are rewrite the terms of your mortgage to the single digits in Texas. That is be- people who are in evacuation shelters cause of not only the preparation but keep you in your home. It is done now set up by the Red Cross with FEMA’s for investment property, vacation because of modern building codes help, and others, where they are get- which created stronger houses for peo- property, farms and ranches. But it ting the necessities of life—food, water, does not apply to your primary resi- ple who did decide to hunker down, and and shelter. But these are the very also because of the search-and-rescue dence, and that makes no sense what- same people who are eager to get back soever. I think the court ought to step operation conducted by the State and to their homes to see whether their Federal authorities working together back and say this family can make the houses are still standing, to see wheth- payments they have made for the last to try to get people out who had been er they can rebuild, as I say, or wheth- trapped, literally, without electricity, 5 years and ought to be allowed to stay er they are going to have to start from in their home as a result of it rather without power, without gasoline. We scratch. were able to get many people out to than foreclose the property. If the The emergency response by the State safety in the shelters. property is foreclosed, there are losers of Texas, primarily the Governor and in every direction. First, the families I think it is important for the people his team, as well as the leaders at the of this country to know that no matter are on the street; second, the financial local level—county judges and the institution; and then the neighbor- who you are or where you live, we do mayors—was about as good as I can have the systems in place both at the hoods and the community around them imagine it could have been. Unfortu- will see their property values go down local and State level but also the Fed- nately, because of Hurricane Gustav, eral level to be of assistance to you if because of the foreclosure. when it did not turn out to be as severe you need help. Of course, as I men- If we want to staunch the bleeding as many thought, and millions, lit- tioned, many people are trapped, real- going on at the base of our economy, it erally, had evacuated, I don’t think ly, where they are. Maybe they went to should start with those who are facing many people believed Ike was going to a hotel. Maybe they went to a friend or foreclosure. If we are coming to the turn out to be as bad as it turned out rescue of major institutions, why do we relative’s house. to be. So many people hunkered down Yesterday, the President announced turn our backs on the families facing in place and did not take the advice of the Federal Emergency Management foreclosure? the local and State leadership to evac- Agency, the Federal Emergency Re- One of our colleagues in the meeting uate. Unfortunately, now they find sponse Agency, had authorized people yesterday said we have to let the mar- themselves—roughly 2 million people— to basically stay in the hotel or motel, ket find the bottom when it comes to without power. foreclosure. We didn’t let that happen Yesterday, Mayor Thomas, in Gal- if that is where they are located, for up with respect to giants. We shouldn’t let veston, pointed out that the toilets to 30 days while the power gets re- it happen to families who deserve a sec- have not flushed since last Friday in stored and while cleanup is ongoing ond chance. Galveston. That not only presents an and maybe downed power lines are re- I yield the floor. inconvenience and hardship, but it is moved. That ought to give people some Mr. CORNYN. Mr. President, I ask also a public health hazard. We have relief, that they are not going to have unanimous consent that 20 minutes out many people who, yesterday, decided to to look for money they do not have of the allotted 30 minutes on this side give people a chance to look and leave. just to be able to pay the bill to stay in be allotted to me and the remaining 10 In other words, if they were worried place if they are in a hotel or motel for minutes allotted to the Senator from about their home, give them a chance the next 30 days, if they come from the Louisiana, Mr. VITTER. to come back on Galveston Island, affected counties. The ACTING PRESIDENT pro tem- check it out, and then leave because Because of the major disaster dec- pore. Without objection, it is so or- the air-conditioning, the refrigeration, laration that occurred, both public as- dered. the basic services provided by power sistance in terms of helping to rebuild f were not available. the affected areas in the State and also Unfortunately, if you saw, as I did, personal assistance is available DISASTER RELIEF the entry and exit into Galveston Is- through FEMA. We tried to announce Mr. CORNYN. Mr. President, yester- land, it was jammed with people want- the first step to the public yesterday. day I had the chance, once again, to ing to come back under that look-and- But, obviously, people do not have tour the devastated area in my State of leave policy. But the mayor decided, Internet access when their power is Texas caused by Hurricane Ike, this and I think wisely so, to suspend that down. They do not have televisions to time with the President of the United because of the logjam. watch the announcements or maybe

VerDate Aug 31 2005 23:34 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.009 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8903 even radios to be able to know what to remember that we cannot put all of the which I have offered that will protect do. But it is important for the public to Nation’s energy—or at least 25 percent military voting rights has been appar- know, and I think not just in the af- of it—in one place. It is literally like ently accepted as a part of the man- fected regions, that they need to reg- putting all of our eggs in one basket. agers’ package on the Defense author- ister with FEMA, the Federal Emer- As the saying goes, if you put all your ization bill. gency Management Agency, for per- eggs in one basket, you better take This is a provision which I offered sonal assistance. That is the first step care of that basket. last week and we had been unsuccessful to getting back to their houses, mak- The fact is, as we look forward to getting a vote on that. But I am ing sure any damages are appropriately hopefully removing the moratorium on pleased that through negotiations in a assessed, and making sure the affected Outer Continental Shelf drilling and bipartisan effort between the bill man- people get the help they are entitled to exploration and production of oil and agers, Senator LEVIN, chairman of the under the law. building of refineries at home so we Armed Services Committee, and Sen- I would add, in addition to the Fed- have to depend less on imported energy ator WARNER, the former chairman, eral Emergency Management Agency’s from the Middle East, that we will re- who is the minority bill manager, that Web site and their 1–800 number, if my member the lessons of Hurricane Ike has been accepted as part of the man- constituents will call any one of my of- and Hurricane Gustav and Hurricane agers’ package. fices, either here in Washington, DC, Katrina and Hurricane Rita. The fact is, according to statistics which we kept open 24–7 during the Frankly, I think putting so much of compiled by the U.S. Election Assist- storm, and also any of my regional of- our Nation’s energy capacity in an area ance Commission, only 992,000 of the 6 fices in Tyler, Dallas, Houston, San that is from time to time going to be million eligible military and overseas Antonio, Harlingen, Lubbock, or Aus- affected by these natural disasters is voters were able to request an absentee tin, we will reach them and get them something we ought to take note of ballot for the 2006 election, and only the help they need and to which they and do something about. By producing 330,000 of those ballots were filled out are entitled. the ability, or at least allowing the and actually reached election officials. I have heard some rumors from the ability, for more exploration and devel- That means, in other words, that other side of the Capitol that Speaker opment and building of pipelines, only 5.5 percent of eligible military and overseas voters were able to fill out a PELOSI was talking about moving a building of refineries in other parts of ballot and mail it in and have it count- stimulus package, a huge additional the country and, producing more at ed. To me that is a scandalous sta- spending package of roughly $50 bil- home, we, as we use less by conserva- tistic, one I am glad that this body, in lion, and there were going to be some tion measures, can produce more a bipartisan fashion, is going to re- provisions in it for disaster recovery American energy so we are less reliant and wild fires and other things. spond to and say ‘‘no more.’’ on imported oil from the Middle East. We are going to deal with this issue I would welcome that with this cau- There have been a lot of interesting tion: that we not allow politics and the in a way that makes sure that the bal- proposals being made. I want to cau- lot of those who are fighting, deployed opportunity to use this as a sort of tion my colleagues against some of the Christmas tree for a bunch of bloated in very dangerous places, is going to proposals that claim to do more about count as much as our ballots here in spending that is not necessary to re- drilling but which in fact create fur- the continental United States. store people to their homes and to re- ther obstacles to further American oil pair the damaged infrastructure; that exploration and drilling. As a matter of f this not be used as an occasion for poli- fact, one of the initial proposals we CONSTITUTION DAY 2008 tics. To me, the most cynical thing saw—I know this was in good faith. I Mr. CORNYN. I have some remarks, possibly that could happen in Congress am not questioning the good faith of this being Constitution Day, that I is we look past the people in imme- the proponents. But the effect of it want to make in closing. It was 221 diate need, and we look for political would actually be to raise taxes and di- years ago today when the delegates of opportunities to perhaps spend the tax- minish domestic oil production and ac- the Constitutional Convention in payers’ money on programs that would tually limit energy exploration. Philadelphia completed their work; 39 not otherwise pass because they are It is true, we would go from 85 to of them signed it and gave us the very somehow bundled up with emergency roughly 70 percent of the Outer Conti- Government we have come to know, we spending for storm relief. nental Shelf that would be available have come to love, and, sometimes, There is one other thing I learned in for drilling under this proposal, but there are those who say they have this disaster that I think is very im- what we would in effect be doing is put- come to loathe it. portant as we look at dealing with our ting a 60-vote barrier on going into But today, we celebrate the very fact energy crisis generally, with the high that other 70 percent in the future. I do that we live in a country where people price of gasoline, and high price of oil, not know why, if we are willing to ac- have the freedom of speech, that we which, perhaps, is the No. 1 economic knowledge the fact that modern drill- have our political rights to petition concern of the American people today. ing technology will allow for the explo- Government, where Government’s The gulf coast is indeed a laboratory of ration and production of oil in one power is acknowledged to come from energy that supplies the daily needs of place, such as the Outer Continental the governed, ‘‘we the People’’ as Lin- our country. When a big hurricane Shelf, why we would restrict it in other coln said, ‘‘Government of the people, comes in, like this one did, of the 25 re- places on the Outer Continental Shelf, by the people and for the people.’’ It is fineries—these are the places that ac- or developing the oil shale out West or not the decision of a small group of tually make gasoline out of oil—rep- perhaps even in the Arctic National people here in Washington, DC that resenting more than one-quarter of the Wildlife Refuge—in a 2,000-acre piece of somehow has to be fed to us like castor Nation’s refining capacity, 17 of the 25 frozen tundra in the middle of a 19 mil- oil and we have to take it. This lit- had to be taken offline because of the lion-acre wildlife refuge—something erally is a government of the people storm. In addition, nine different oil that can be developed, I believe, in an representing all 300 million of us who pipelines—these are the major oil pipe- environmentally responsible way. live in this country that was created lines that transmit oil from the gulf to Mr. President, how much time do I that day by that Constitution. various parts of the country—also had have remaining? Mr. President, it was on this day, to be shut down because of Hurricane The ACTING PRESIDENT pro tem- September 17, 1787, that the delegates Ike. That is going to have an impact on pore. The Senator has 6 minutes re- to the Constitutional Convention in America’s oil and gas supply. maining. Philadelphia completed their work. Hopefully, the first indications are f Thirty-nine of them signed the U.S. going to prove to be true, and there Constitution, setting up the govern- were no major environmental spills or DEFENSE AUTHORIZATION ment system that we have come to problems associated with this hurri- Mr. CORNYN. I thank the Chair. know, love, and sometimes loathe. cane. To me, it was just another re- I want to move to another topic and As Senators, we have sworn an oath minder of how much Congress needs to say I am pleased that an amendment to protect and defend the Constitution

VerDate Aug 31 2005 23:34 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.010 S17SEPT1 smartinez on PROD1PC64 with SENATE S8904 CONGRESSIONAL RECORD — SENATE September 17, 2008 of the United States. This is a duty and are thus sown in the nature of man; Under such a regulation, it may well a responsibility that does not discrimi- and we see them everywhere brought happen that the public voice, pro- nate based on our party ideology. Still, into different degrees of activity, ac- nounced by the representatives of the it is our mutual love for and defense of cording to the different circumstances people, will be more consonant to the the Constitution that often provokes of civil society. . . .’’ public good than if pronounced by the our most vigorous debates in this ‘‘So strong is this propensity of man- people themselves, convened for the chamber. This spirited debate is vital kind to fall into mutual animosities, purpose. On the other hand, the effect to liberty and the continued survival of that where no substantial occasion pre- may be inverted. Men of factious tem- our Nation. sents itself, the most frivolous and fan- pers, of local prejudices, or of sinister If you read Madison’s notes from the ciful distinctions have been sufficient designs, may, by intrigue, by corrup- Constitutional Convention, you will to kindle their unfriendly passions and tion, or by other means, first obtain see that the delegates themselves en- excite their most violent conflicts. But the suffrages, and then betray the in- gaged in a lively debate about how to the most common and durable source terests, of the people’’. best implement the principles of lib- of factions has been the various and Madison was skeptical that elected erty, equality, and justice established unequal distribution of property. Those representatives would always act in in the Declaration of Independence. who hold and those who are without the public interest. ‘‘Enlightened Years later, during the jubilee celebra- property have ever formed distinct in- statesmen will not always be at the tion of the Constitution, John Quincy terests in society. Those who are credi- helm,’’ he wrote in Federalist 10. Adams said, ‘‘The Declaration of Inde- tors, and those who are debtors, fall Today, we have only to see the pa- pendence and the Constitution of the under a like discrimination. A landed rade of huge spending bills that find United States are parts of one con- interest, a manufacturing interest, a their way to the floor to know that it sistent whole, founded upon one and mercantile interest, a moneyed inter- is a herculean task to whet, much less the same theory of government.’’ est, with many lesser interests, grow control the appetites of the hundreds of With population growth, increasing up of necessity in civilized nations, and organized interest groups who want diversity, agricultural and economic divide them into different classes, ac- their piece of the federal pie made with development and massive technological tuated by different sentiments and tax dollars collected from hard work- advancement, our Nation has changed views. The regulation of these various ing American families. tremendously in the 221 years since the and interfering interests forms the The entitlement mentality of many Constitution was signed. Yet, despite principal task of modern legislation, of these organized groups, many of these changes, there remains a funda- and involves the spirit of party and fac- which cannot lay claim to a substan- mental consistency in human nature. tion in the necessary and ordinary op- tial number of members, has pressured James Madison expressed it best in erations of the government.’’ an all too receptive Congress to grow the Federalist Papers, Number 51: ‘‘If In a pure democracy, Madison argues, the size of government, increase spend- men were angels, no government would ‘‘A common passion or interest will, in ing to new heights, while we ignore in- be necessary. If angels were to govern almost every case, be felt by a major- solvency of large entitlement programs men, neither external nor internal con- ity of the whole; a communication and like Medicare and Social Security, and trols on government would be nec- concert result from the form of govern- hope that our children and grand- essary. In framing a government which ment itself; and there is nothing to children will bail us out for our bad de- is to be administered by men over men, check the inducements to sacrifice the cisions. the great difficulty lies in this: you weaker party or an obnoxious indi- In their wisdom, the Founding Fa- must first enable the government to vidual. . . . Such democracies have thers wrote a Constitution that estab- control the governed; and in the next ever been spectacles of turbulence and lishes a system of separate institutions place oblige it to control itself. A de- contention; have ever been found in- that share policymaking and political pendence on the people is, no doubt, compatible with personal security or power. This was a clear effort to con- the primary control on the govern- the rights of property; and have in gen- trol the effects of factions and to guard ment; but experience has taught man- eral been as short in their lives as they against despotic rulers. kind the necessity of auxiliary pre- have been violent in their deaths. The public elections established by cautions.’’ Theoretic politicians, who have patron- the Constitution encourage the elec- You see, we are indebted to the ized this species of government, have torate to select their representatives Founding Fathers for their wisdom and erroneously supposed that by reducing wisely. foresight. They understood that human mankind to a perfect equality in their For those of us privileged to be elect- nature would be unlikely to change, political rights, they would, at the ed by the people, we have a sworn obli- and that 18th century and contem- same time, be perfectly equalized and gation to protect and defend the Con- porary American policymakers would assimilated in their possessions, their stitution and to show ourselves worthy be pressured to promote policy solu- opinions, and their passions.’’ of this great trust. tions that may not serve the public in- Since it is impossible to force every- On any given day, not just anniver- terest. one to share the same opinion and in- sary dates like today, it is something According to Madison, ‘‘Complaints tensity of opinion, Madison seeks to we ought to think more about. are everywhere heard from our most control the effects of factions by cre- I see my colleague from Louisiana considerate and virtuous citizens, ating a republican form of government. here. I am going to yield the rest of our equally the friends of public and pri- ‘‘The two great points of difference time that we have in morning business vate faith, and of public and personal between a democracy and a republic to him. liberty, that our governments are too are,’’ he writes, ‘‘First, the delegation The PRESIDING OFFICER (Mr. NEL- unstable, that the public good is dis- of the government, in the latter, to a SON of Nebraska.) The Senator from regarded in the conflicts of rival par- small number of citizens elected by the Louisiana is recognized. ties, and that measures are too often rest; secondly, the greater number of decided, not according to the rules of citizens, and greater sphere of country, f justice and the rights of the minor over which the latter may be ex- party, but by the superior force of an tended’’. ENERGY interested and overbearing majority. ‘‘The effect of the first difference is, Mr. VITTER. Mr. President, I stand . . . These must be chiefly, if not whol- on the one hand, to refine and enlarge to join with all other Senators, in fact, ly, effects of the unsteadiness and in- the public views, by passing them to join with all the American people, in justice with which a factious spirit has through the medium of a chosen body offering our strong support for all of tainted our public administrations.’’ of citizens, whose wisdom may best dis- the hurricane victims Senator CORNYN Madison was concerned about the ef- cern the true interest of their country, talked about. fect of special interest groups on the and whose patriotism and love of jus- In fact, there is enormous devasta- policy process. In Federalist 10 he tice will be least likely to sacrifice it tion, enormous loss and continuing suf- wrote, ‘‘The latent causes of faction to temporary or partial considerations. fering in those parts of the country,

VerDate Aug 31 2005 02:28 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.013 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8905 particularly in southeast Texas, hit need to act, not just talk, not just de- should expand that policy as we allow hard by Ike, following right on the bate, certainly not fight or finger- and encourage offshore production in heels of Hurricane Gustav. Our hearts point, but act on energy. Even in that all parts of the country: the western go out to all of those folks. Our best limited time period, I believe we can do gulf, the east coast, the west coast, and wishes, our prayers are with them and all of those things in a substantial elsewhere. our intent and focus here in Congress way. Finally, let me end with a fourth key to meet their basic needs, their key With regard to developing an aggres- point. My fourth key priority is some- needs, is here as well. sive national energy plan, I have four thing that is very important. It is not Representing Louisiana, of course, I key priorities, and all of those prior- something we should do, it is some- have spent most of the last 3 weeks ities, I believe, are absolutely achiev- thing we should not do. If we are seri- touring Louisiana and looking at hur- able, even in that very tight time- ous about domestic energy production, ricane damage there. Of course we were frame. if we are serious about energy inde- first hit by Hurricane Gustav, which No. 1, we must lift the current mora- pendence, getting away from our reli- had enormous winds, caused major torium on offshore oil and gas produc- ance on foreign sources, we should not power outages, significant wind dam- tion. The American people have spoken raise taxes on domestic energy produc- age in many parts of the State. And in a clear and resounding way. They tion. then right on the heels of that came think that current moratorium is The first rule of economics is that if Hurricane Ike. While Hurricane Ike crazy. They think we are nuts to take you want more of something, you do slammed into southeast Texas, it 85 percent or more of our domestic en- not tax it. Because when you tax some- pushed floodwaters in the Gulf all ergy resources off the table, not allow thing, you get less of it, not more. I through coastal Louisiana, from the energy companies and producers to ac- urge my colleagues, Democrats and Re- western edge at the Texas border all cess or touch them. publicans, not to increase taxes in a the way to the eastern edge, The way you change that is lifting significant way on domestic energy Plaquemines Parish, where Louisiana the current moratorium under Federal production. We want more domestic en- meets Mississippi. law. Now, as we all know, that does not ergy production, we do not want less. We are still struggling with those take action by Congress, it simply So it is simple economics that we do challenges. But again, I want to ac- takes inaction by Congress. We need to not tax what we want more of in a knowledge the even greater suffering, make sure that that moratorium, more onerous way because that will the even greater devastation that oth- which expires on its own October 1, is produce less of it. ers face from Hurricane Ike, particu- not renewed. This is not an economics theory, this larly folks in Galveston and southeast I urge all of my colleagues, Demo- is history and practice. This is our ex- Texas. Our hearts and prayers go out to cratic and Republican, to listen to the perience. President Jimmy Carter them and our commitment to help in clear, crystal clear, clarion call of the passed a windfall profits tax during his every reasonable way possible goes out American people: Do not extend that tenure as President. What did that to them as well. I trust Congress will moratorium. We cannot put that mora- produce? It produced exactly what one act on that key priority as those folks torium in any continuing law such as a might expect, less domestic produc- face a true moment of crisis and ex- continuing resolution. We must lift tion, less energy. treme need. that moratorium and allow the Amer- The proposals that are being floated As we act in that regard in the next ican people to access their own energy now with regard to section 199 and couple of weeks, I also hope we notice resources right here at home. other energy tax provisions are a wind- something Senator CORNYN mentioned, No. 2, I think we should match ag- fall profits tax by another name. They that part of our country, the gulf gressive action in that regard with ag- will have precisely the same effect. coast, the Gulf of Mexico, particularly gressive action with regard to new They will drive down domestic energy the western gulf, is enormously vital in forms of energy, including renewables. production when we want to drive it terms of meeting our nation’s energy And the most significant, quickest up. They will discourage activity at needs. We are proud to offer that serv- thing we can do with regard to that is home in the energy sector when we ice to the Nation. We have a long, sto- pass the major tax incentives that vir- want to encourage and expand it. It ried tradition in terms of that. We are tually all of us support with regard to simply does not make any sense. very proud of that tradition. We want new technology, new forms of energy, So I urge us not just to talk, not just it to continue. But, quite frankly, we renewables. to debate, certainly not to argue and do not want to continue to be the only As we all know, that robust package finger-point and play partisan politics. part of the country that meets our Na- of tax incentives is a major component I urge us to act. I urge us to come to- tion’s energy needs right here at home. of the so-called tax extenders bill. We gether in a bipartisan, responsible way We need to expand that activity. We need to come together around a bipar- and act as the American people want need to bring that same activity to tisan version of that tax package, in- us to act. other parts of the country, diversify, if cluding those important incentives for They support hurricane victims in you will, have more activity and more new technology and renewable energy East Texas and elsewhere who are dev- places so we are not so singularly vul- and pass that into law. astated by these storms, and we should nerable to gulf hurricanes and storms Again, even in this very tight time- support those victims too through con- as we are now, as we have lived frame in which we operate, we can do crete, responsible action. The Amer- through with the experiences of that. We must do that. We must act for ican people support energy independ- Katrina and then Rita, and now Gustav the American people. ence. They support doing more for our- and now Ike. Third, I believe we should pass rev- selves right here in this country with So as this Congress responds to the enue sharing for offshore production to regard to energy. We should reflect immediate needs of hurricane victims create an incentive for more States to their wisdom and act in that regard as in southeast Texas in the gulf coast, get into that business. As we lift the well. including Louisiana, I hope we also moratorium, as we open up all of our Specifically with regard to the four continue to focus and start acting on offshore to potential energy produc- points I mentioned, No. 1, we must en- energy, and what remains a top pri- tion, we should give participating sure that the current moratorium on ority for all of America. States an incentive. And that powerful offshore production is lifted, that it is I know there is a great rush to get incentive would be royalty sharing, not renewed. All we have to do there is out of here for the elections. I know revenue sharing, so they get 37.5 per- let the moratorium expire and not the leadership is pushing to adjourn for cent of the royalties produced from off- renew it. the elections as early as the end of shore production. No. 2, we need to encourage new tech- next week. But before we do that, we We set that policy, we set that prece- nology, renewables, through a robust need to address the Nation’s business. dent 2 years ago, with regard to new set of tax incentives in the tax bill. We We need to pass immediate relief for production in the Gulf of Mexico. We need to pass that and do it now. We suffering hurricane victims, and we should expand that precedent. We need to act.

VerDate Aug 31 2005 23:34 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.014 S17SEPT1 smartinez on PROD1PC64 with SENATE S8906 CONGRESSIONAL RECORD — SENATE September 17, 2008 No. 3, we must create an incentive all the revenues from the leasing of son, everyone who could possibly be for more States to get into the busi- Federal lands for oil and gas produc- helpful in this wanted to improve the ness of offshore oil and gas production tion goes to each State on the gulf. emergency preparedness in advance of through revenue sharing. We must ex- That would include Texas, Louisiana, the next storm. pand that policy which we started 2 Mississippi, and Alabama. In other So in the days leading up to Hurri- years ago in new production in the words, the revenue does not go to the cane Ike, Texas was prepared. Over 1 gulf. State of Florida, even though it is off million Texans successfully evacuated No. 4, the last thing we should do if the coast of Florida. Forty percent of from their homes. However, when the we want to increase domestic energy that State revenue due to the State skies cleared on Saturday afternoon, it production is tax it at higher and high- would go to the other States instead of was clear that Hurricane Ike had er rates. Let us not pass a new windfall Florida. caused an appalling amount of prop- profits tax by another name. Let us not That is simply not fair. When I ex- erty damage. From the early esti- discourage the domestic energy sector plain that to Senators, they are sur- mates, the cost of Hurricane Ike could and discourage domestic energy pro- prised, and in some cases aghast, be- reach almost $30 billion. Forty-nine duction, when we all profess that we cause common sense would tell you it people are now confirmed dead. That want to do the opposite. is not fair. That is another reason this number will surely rise. Thousands are I will be fighting for these four key Senator has put his foot down that we homeless. Many communities remain priorities. We can accomplish all of are not going to let Florida, nor the under water and are completely inac- them in the next 10 days. Let us show Department of Defense, be the sacrifi- cessible due to the significant amount the American people we do get it, that cial lamb for some kind of proposal so of debris. Yesterday, 2.2 million Texans we are responsible, that we can come people can say we are drilling out still lacked electricity. Emergency together and work together, and that there. workers are struggling to distribute we can act in positive ways for their I want to drill. I want to drill off- food, water, and ice. Offshore oil plat- benefit. shore. But I want to drill where it forms are damaged and many refineries I yield the floor and suggest the ab- makes sense. The formula that has are without electricity. So it is likely sence of a quorum. been concocted certainly does not that before the region’s oil and gas in- The PRESIDING OFFICER. The make sense. dustry return to capacity, we will see clerk will call the roll. Mr. President, I yield the floor and some shortages in gasoline and, there- The assistant legislative clerk pro- suggest the absence of a quorum. fore, some higher prices. ceeded to call the roll. The PRESIDING OFFICER. The Gulf refineries and ports are the Mr. NELSON of Florida. Mr. Presi- clerk will call the roll. source of 50 percent of the fuel and dent, I ask unanimous consent that the The assistant legislative clerk pro- crude used in the eastern half of the order for the quorum call be rescinded. ceeded to call the roll. United States. Disruption of that infra- The PRESIDING OFFICER. Without Mrs. HUTCHISON. Mr. President, I structure underscores the urgent need objection, it is so ordered. ask unanimous consent that the order for us to expand refinery capacity. In- Mr. NELSON of Florida. Mr. Presi- for the quorum call be rescinded. deed, we need to expand our entire en- dent, I ask unanimous consent to speak The PRESIDING OFFICER. Without ergy supply so that America’s economy in morning business. objection, it is so ordered. is never undermined by acts of nature The PRESIDING OFFICER. Without Mrs. HUTCHISON. Mr. President, I or foreign adversaries. objection, it is so ordered. ask unanimous consent to speak as in On Sunday, I joined with Senator Mr. NELSON of Florida. Mr. Presi- morning business. JOHN CORNYN, my colleague, and the dent, I want to bring to the attention The PRESIDING OFFICER. Without Secretary of Homeland Security, Mi- of the Senate a little known fact, as objection, it is so ordered. chael Chertoff, and many members of the clock continues to tick for us to f our congressional delegation to survey take up drilling legislation off the the hardest-hit regions. We came to lis- Outer Continental Shelf, in particular, HURRICANE IKE ten to the concerns raised by the may- the proposal that has been cast by the Mrs. HUTCHISON. Mr. President, I ors and the county judges, after we had so-called Gang of 10 as a compromise, rise today to speak about the devasta- been on the telephone with them for which is looking at a comprehensive tion inflicted by Hurricane Ike. It is the 4 days before, trying to determine approach, which I applaud, that in- the worst hurricane to hit Texas in al- that people were as prepared as they cludes revenues. But it also includes most 50 years and probably the fourth could be in an instance such as this tax incentives for alternative fuels and costliest hurricane of all time. and, of course, we wanted to try to cor- so forth. Last week, when Hurricane Ike en- rect any concerns that had been raised. The part the two Senators from Flor- tered the Gulf of Mexico and started Some were raised. I will say that the ida extremely object to is the fact of moving toward Texas, State, local, and mayors of our cities and the county intruding in the military mission, the Federal officials came together and judges have done a terrific job of rep- only testing and training area that is moved into action. We had reason to resenting their constituents at the the largest for our U.S. Department of fear the worst. In the year 1900, the is- local level. I met with Mayor Bill Defense, and all other agencies, includ- land of Galveston was destroyed by a White of Houston, Mayor Lyda Ann ing for classified and black programs hurricane that claimed over 6,000 lives, Thomas from Galveston, Harris County that go on for testing and evaluation in the deadliest natural disaster in U.S. Judge Ed Emmett, I talked on the this training range. history. I was born on Galveston Is- phone with the mayor of Port Arthur, But what is particularly egregious is land. I was raised in Galveston County. Beaumont, the county judge of Orange that in opening up all of that area that When I was growing up, I heard stories County, trying to help in every way we is now closed pursuant to the statute about 1900. There have been books writ- could from the Federal level. we passed 2 years ago, the 2006 stat- ten about that hurricane of 1900. And Yesterday, I joined with the members ute—that we closed all of that area to we also faced on a yearly basis hurri- of the Texas delegation who were here. drilling because of the military—in the cane warnings. Of course, some of them Many were still in Houston touring opening of that area, and in the so- hit. with the President to see the damage called giving of revenue to the adjacent While preparing for this storm, the and determine what more could be State—in this case Florida—well, lo people of Texas had fresh memories done. I talked to Senator LANDRIEU and and behold, all the revenue allocated to from Hurricane Rita, another violent Senator VITTER yesterday about their the State does not go to the State of hurricane that came ashore around concerns about Hurricane Ike which Florida, even though it is the waters of Sabine Pass in 2005. While Hurricane hit them very hard. We all know Lou- the Gulf of Mexico off of the State of Rita only caused seven direct fatali- isiana has suffered so much in the last Florida. ties, the evacuation and recovery ef- few years with Hurricanes Katrina and What happens in the complicated for- forts along the gulf coast were not Rita. Texas joined them in suffering mula that is there is that 10 percent of without difficulties, and for that rea- from the evacuees in Katrina and then

VerDate Aug 31 2005 23:34 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.020 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8907 Rita, and now we have Ike. We jointly exact assessments yet, but we know it I just completed a press conference must have the support of all of our col- is going to be big. We know we have with a number of other Senators, and leagues in Congress to help our con- given for Katrina. We have given to the press was asking question after stituents. We are working together— other disasters. What we ask is to be question: What is the Senate going to our Texas delegation, our Louisiana treated in the same way so we can re- do? The answer is very clear: This is a delegation—to have a supplemental ap- cover and get our economies going multitrillion dollar problem which has propriation so that FEMA will be fully again, get our jobs going again, get our been ongoing for a long time. We are funded to address the concerns. schools open, which are not yet done in going to have to get some committee The Corps of Engineers will have re- many parts of our State, so that we can hearings underway, which is why we pairs to make throughout the gulf recover, clean up, and begin contrib- are not going to adjourn. We will be in coast. There are shelters that are going uting again to the economy as we have pro forma session so committees can to be needed for families who have done so much in the past. still meet, though we won’t have any nothing to go back to. As I passed over I thank my colleagues for listening. activities here on the floor as relates Bolivar Peninsula and I saw what used My heart goes out to my constituents to these markets. to be a wonderful group of homes on who are suffering right now in Texas. I Secretary Paulson has said this will stilts, today they are stilts. The homes am going to stay in constant contact have to take place in the next adminis- are completely gone—completely with them. I wish to say particularly tration because there is so much to be gone—as if there was never anything how much I appreciate our Secretary of determined in the direction we need to there but sticks. It was amazing to me Homeland Security who has so many go. They gave every impression, these because I have been there so many responsibilities, who has already been two good men, that they are attempt- times and seen these communities. So to Texas and Louisiana once, who is ing to do the best they can to under- we are going to come together and we going back today as we speak, and will stand America’s financial institutions are going to help the people who have be there to try to solve any problems and the problems with them. But the been afflicted. that have arisen. As well prepared as good intentions of these two decent I wish to speak for a moment about we were, there were things that had men cannot escape the reality that the the people of Texas. We are known, I not been done. Some lack of coordina- Bush administration’s willful neglect guess, around the country for being a tion has occurred. He is going down of oversight and an overzealous em- hearty bunch and usually a happy there personally to try to fix that. We brace of big business are directly re- bunch and always resilient. We have a appreciate that very much and we want sponsible for the crisis we now face. great spirit in Texas. I never have seen to work with him hand in hand to as- The most important job of our coun- it any more so than right now. Col- sure that our communities get up and try is to safeguard the American people leagues in Galveston and Bolivar Pe- going and that my beloved Galveston from physical and financial harm. This ninsula, Port Arthur, Beaumont, Or- Island will once again be able to bring was the role of the great Franklin Roo- ange, Harris County, Houston, many in tourists because of its beauty and its sevelt. That is the role of any Presi- are down because they have not been historic value, its ports and its beau- dent. But it seems this President has able to get back in to see their homes. tiful beaches. I am going to work tire- focused only on protecting us from On Galveston Island the health condi- lessly to make sure that happens, physical harm. The financial harm tions are so bad that they are not let- along with all of the other areas of our needs to be part of the duties of the ting people come back on the island, so coast that have been damaged. President. When it comes to the finan- people have not even seen their homes. Thank you, Mr. President, and I yield cial sector, this means ensuring that They are very frustrated. the floor. I suggest the absence of a institutions do not impose systematic But the generous spirit of Texans is quorum. risks on the entire system because of surrounding those who are afflicted. The PRESIDING OFFICER (Mr. the ripple effect that can have on our CASEY). The clerk will call the roll. The spirit, the pride, the resilience is economy. The bill clerk proceeded to call the there. I have seen our citizens do ev- Democrats and Republicans who have roll. erything they can on a personal level. served before our current President Mr. REID. Mr. President, I ask unan- One of my regional directors of Harris imous consent that the order for the have all understood that providing County, Jason Fuller, has 12 Texans quorum call be rescinded. oversight—oversight of everything but living with him right now, including The PRESIDING OFFICER. Without also of our financial sector—is not three new dogs and a cat. He is doing objection, it is so ordered. somehow anticapitalistic. Just the op- his part on a personal level. He is also posite—it helps capitalism flourish. f going out to the shelters and rep- But that all changed with George Bush resenting our constituents and trying THE ECONOMY and DICK CHENEY. When they came to to make sure that the points of dis- Mr. REID. Mr. President, last night, power, there was no more oversight. tribution are open, things he can do. just a short ways off the Senate Cham- They are such devout followers of the Some communities that don’t have ber, I met with Chairman Bernanke, top-down, big-business-first, Herbert power organized block parties and they Secretary Paulson, and others. The Hoover approach to the economy that are having barbeques and cookouts be- meeting came at the request of the ad- they see any oversight as a threat to cause they have no electricity in their ministration. These two men expressed their greed. They put cronies and homes. Local churches, the Baptist their views on the deepening economic ideologues in charge of the most crit- Men, the Second Baptist Church in turmoil and laid out a plan that has ical agencies, including the Justice De- Houston has an incredible outpouring. now been reported in the media this partment. Alberto Gonzales is the post- The local churches are providing staff morning. er child of that, hiring people who only support. Volunteers are distributing AIG, arguably the largest insurance graduated from certain select religious the water and ice and food to sur- company in the world, was in the proc- universities. I repeat, they put cronies rounding communities. There are so ess of going bankrupt. The deadline and ideologues in charge of our most many good things happening. Neigh- was 8 o’clock last night. The board of critical regulatory agencies, who en- bors are coming together to help neigh- directors met to see if they would ac- sured that special interests would al- bors. cept the offer made by the Federal ways come before the common good. I wish to ask my colleagues to help Government to attempt to save parts They refused to exercise their regu- us. Because we do have an emergency of the company. Obviously, the meet- latory authority over the mortgage in- disaster bill coming through for many ing ended with the board of directors dustry, allowing massive fraud and areas of the Midwest that have suffered approving the bailout. The Secretary widespread predatory lending. from previous disasters, I am going to and the Chairman promised to provide Now, what is predatory lending? ask, along with my colleague JOHN more details of their plans in the near Look it up in the dictionary. I did. It is CORNYN and my colleagues MARY future, which I believe must address the practice of preying on borrowers LANDRIEU and DAVID VITTER that we be the broader underlying structural with deceptive, dishonest loan offers. included in this. We don’t have the issues in the financial markets. This paved the way for the largest

VerDate Aug 31 2005 23:34 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.022 S17SEPT1 smartinez on PROD1PC64 with SENATE S8908 CONGRESSIONAL RECORD — SENATE September 17, 2008 mortgage crisis in American history—a In 2000, Senator Paul Sarbanes of filibustering the housing bill—not bigger crisis than during the Great De- Maryland, a senior Democrat on the once, not twice, not three times, not pression. And the reason for that is the Banking Committee and one of Amer- four times, not five times, not six great work done by President Roo- ica’s all-time great Senators, intro- times—seven times. Every day the Re- sevelt and the New Deal and the work duced the Predatory Lending Consumer publicans blocked us from finally pass- done by President Johnson with the Protection Act to restrict abusive lend- ing housing legislation at least 9,000 great things he did so people could buy ing practices. The same year, Senator Americans went into foreclosure. Peo- homes. So of course more people own SCHUMER introduced the Predatory ple in Pennsylvania, people in Mary- homes now than then. Republicans, Lending Consumer Protection Act. In land, all over this great country, went though, continued to ignore the prob- 2002, Senator Sarbanes reintroduced his into foreclosure. During the Repub- lem long after the extent of the plun- bill. licans’ seven-time filibusters more dering and pillaging of the mortgage When we came with the rewrite of than 160,000 homes went into fore- market became widely known. the bankruptcy law, Senator DURBIN closure. I have a friend, Mr. President. I have offered an amendment to say, if you When Republicans had a chance to known him a long time. We did work have predatory lending practices you help, they wanted the status quo. One together. His name is Joe Alioto, Jr. cannot recover that matter in Bank- thing has happened here the last few His father was a famous lawyer and ruptcy Court. That was defeated by the weeks. Republicans can no longer have mayor of San Francisco. In my esti- Republicans by one vote. the status quo. That is gone. They mation, Joe Alioto, Jr., is one of the In 2004, Senator Sarbanes and the tried for almost 8 years to maintain most legal scholars and the finest anti- current chairman of the Banking Com- the status quo, and it is not going to be trust lawyer in the country—doing mittee, Senator DODD, called on the the status quo anymore. After 8 years plaintiffs work, not defense work. He Federal Reserve to take action on al- of a failed approach, President Bush is has done some great things to help our ternative mortgages. Senator DODD ready to leave office and have the fi- society. He is so concerned about what called them a ‘‘nightmare’’ for low-in- nancial nightmare given to the next has happened these past 8 years. The come Americans—4 years ago. President. President Bush’s preferred Justice Department has not touched In 2005, the House of Representatives candidate is a disciple of the Bush-Che- these economic conspiracies going on. passed bipartisan legislation to reform ney school of economics. If there is any They have ignored it. It has to change. the regulation of government-spon- doubt about it, just look to the man Mr. President, talking about regula- sored enterprises such as Fannie Mae JOHN MCCAIN hired to tell him what to tion, remember last Christmas? It and Freddie Mac. After passing the say on this economy, former Senator started around this time, a couple House 331 to 90, the Democratic minor- Phil Gramm. weeks from now. What were people con- ity in the Senate tried to pass it but This is the same Phil Gramm who cerned about? Kids getting sick and were blocked by the White House and pushed through legislation that al- dying from toys. Why? Because 80 per- Senate Republicans. This was one of lowed firms such as Enron to avoid reg- cent of our toys are manufactured in the many Republicans have put out. ulation and destroy the life savings of other places, most of them in China. Representative Mike Oxley, one-time its employees and now allows Wall We discovered, during that period of chairman of the House Banking Com- Street traders today to bid up the price time, that the Bush administration, in mittee and a devout Republican, of oil without oversight, leaving us the their zealousness to do away with regu- brought this legislation to the White bill to pay—and some bill it is to pay. An eminent economist at the Univer- lation—they hate oversight so much House. As he put it, these are his sity of Texas, James Galbraith, said that the Consumer Product Safety words, the administration gave the leg- Gramm was ‘‘the most aggressive advo- Commission had literally one man in a islation the ‘‘one-finger salute.’’ cate of every predatory and rapacious cubbyhole, a windowless cubbyhole, in In February 2008 Senate Democrats element the financial sector has. . . . charge of testing every toy in America introduced the Foreclosure Prevention He’s a sorcerer’s apprentice of insta- for the safety of our children. Our chil- Act, which was blocked by Senate Re- bility and disaster in the financial sys- dren were not protected by a team of publicans after a veto threat from the tem.’’ engineers or by consumer experts but White House. This is one of the Repub- Warren Buffett, one of the richest by a single employee who could do lit- licans’ 94 filibusters in the last 20 men in the world, called the result of tle more than to drop a toy from his months. Gramm’s legislation ‘‘weapons of mass In June 2008 the White House threat- desk on the floor to see if it would destruction.’’ break. And that is the truth. ened to veto the Federal Housing Fi- I don’t know about you, but after all The financial turmoil we are now see- nance Regulatory Reform Act, which that has gone on in the financial sec- ing is a direct outcome of the irrespon- would have improved oversight of tor, the last person I want whispering sible Bush-Cheney approach to gov- Fannie and Freddie. The reason for the in the ear of the next President of the erning—which, by the way, JOHN veto threat is here. This is what they United States is the chief architect and MCCAIN has supported every step of the said—they didn’t want to help commu- No. 1 cheerleader for the elimination of way. As he said day before yesterday: nities struggling with foreclosed prop- responsible oversight. The fundamentals of this economy are erties. That is what I said, not what My office received a call: I don’t strong. they said, but that is what it boiled know if you should say anything about There is a cartoon today running in down to. They wanted the market to Senator Gramm because there was the Las Vegas Sun newspaper. The car- take care of it. something called the Gramm-Leach- toon is by syndicated columnist Mike If the President had signed that bill Bliley Act that said one holding com- Smith. You see all his cartoons in all this past June, we perhaps could have pany could own more than one finan- the newspapers and magazines in the saved billions—I won’t say ‘‘perhaps.’’ cial services company. They said you country. It shows a ship in the ocean. We would have saved billions we will better look how you voted. Three-quarters of it is underwater, but now have to spend to bail out Fannie I voted against that bill. I remember the caption is: The hull is fundamen- and Freddie. In every one of these in- very clearly. I was the person handling tally strong. stances, Democrats saw the storm this floor during that period of time for This administration’s fervor to favor clouds gathering and attempted to pass Senator Daschle. I voted against that big business has crippled the very big legislation that could have steered our bill. We took that matter to con- companies they sought to strengthen, course away from the crisis we now ference, and we improved the bill in and now the American consumer is the face. But every time the White House conference. The main issue at that one hurt the most. When the history and Senate Republicans chose to con- time, for we Democrats, was they were books are written, they will show that tinue along their irresponsible path. red-lining people. The banks would just while Bush and CHENEY were giving Think about how irresponsible this is. red-line places. They wouldn’t make away the keys to the castle to big busi- Even this year, with the housing loans outside of a certain area. ness, Democrats in Congress were try- market fully in turmoil and crisis, Re- It happened in Pennsylvania. The ing to restore fiscal sanity. publicans broke all Senate records by Presiding Officer is aware of that. We

VerDate Aug 31 2005 23:34 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.024 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8909 spent a lot of time trying to change ple are going to lose their jobs with Foreclosure rates are now at histori- that. Did we get everything we wanted? AIG. cally high levels. In August of this No, we didn’t. But it came back from I would like for once this administra- year, there were over 300,000 fore- conference, and it passed by an over- tion to come to me with a problem that closures in America. In my own State whelming vote. I voted against the bill. they would like to help us work on to of Maryland, we have had over 3,000 But the main point of that legislation help the middle class. They come to us foreclosures each and every month. is that it still allowed regulation. It all the time to bail out that big com- Maryland is normally a quiet State. didn’t say the regulators could no pany or that big company or that big Homeowners are wondering whether longer regulate. The problem is regu- company or this big conglomerate. But they are going to be able to hold on to lators, during that period of time, had where are they for emergency meetings their homes. Homeowners have suffered been asleep at the switch. They have to help people who can’t afford gas or from a significant reduction in prop- not enforced what is on the books, and health insurance or can’t afford to erty values. All homeowners have suf- that should be the focus: that MCCAIN’s keep their kids in college? fered through this. When there is a philosophy and Bush’s philosophy are We are paying record prices for gas, foreclosure in a neighborhood, it af- the same. groceries, health care. That didn’t hap- fects every house in that community. I am going to continue talking about pen yesterday. Millions of families are The real estate industry is suffering the fact this man, JOHN MCCAIN, is tak- losing their homes to foreclosure or through declining home sales. We know ing a lot of advice from a person who seeing their home equity disappear. the numbers are dramatically lower. eminent economists and business peo- That didn’t happen yesterday. We know what that means as far as the ple say has been a disaster for our Monday’s MCCAIN said our economy economy is concerned. Housing starts economy. is strong. Tuesday’s MCCAIN said our are at their 17-year low. After 8 years of this failed approach, economy is broken. Wednesday’s We know the impact these economic we have what we have. On Monday, MCCAIN said it is because of lack of conditions are having on middle-in- with one major investment bank head- regulation. Try to figure that out. This come families. Their wages have been ed for bankruptcy, another sold at a is the straight talk express which is stagnant—in fact, in real terms, have bargain price to avoid the same fate, broken and in bad shape, and he can’t fallen—and yet their needs have in- tens of thousands of people losing their find passengers anymore. creased; the high cost of energy, the Perhaps today’s MCCAIN will explain jobs, and one of the largest insurance high cost of health care, the cost of how a candidate who spent 30 years in companies teetering, JOHN MCCAIN de- trying to afford a college education for Washington siding with Wall Street clared that the fundamentals of the their children, even affording their over Main Street, who changed his economy are strong. food budget. So we know middle-in- view on the economy 180 degrees in 24 The straight talk express is really in come families are hurting. We know hours—I think he is running into him- bad shape. This vehicle has fenders Main Street is hurting. self—is prepared to lead us on the road ripped off of it. There are very few But now we see that these problems to economic recovery? I don’t think he seats left inside it. It hit another big have gone to Wall Street. We learned a is. few months ago about Bear Stearns wall on Monday, hit another big wall The extraordinary economic chal- and that the Government had to come on Tuesday, and today it hit another lenges we now face demand leadership to the rescue of Bear Stearns in order big wall. The wall today is that JOHN and a new approach. The Senate will MCCAIN said today—this just came out continue to listen intently to any pro- to make sure the jitters on Wall Street in the Associated Press—he said today posal the administration offers, but we would be contained. That was followed the reason for all this stuff is lack of know the real change we need will by the Government coming in and good regulation. come only when we have a President standing behind Freddie Mac and How in the world could the straight who will act as a guardian for the Fannie Mae, putting tens of billions of talk express say that? I think that is American people—not only their phys- dollars of U.S. Government potential one reason I am not sure the straight ical protection but their fiscal protec- expenditures at risk. This past week, talk express is even running after the tion—rather than as a guarantor for we saw that Lehman Brothers, an enti- last three collisions. It is in very bad the titans of Wall Street. ty that had survived the stock market shape. But yesterday even JOHN The PRESIDING OFFICER. The Sen- crash of 1929, went bankrupt. Merrill MCCAIN finally acknowledged what ev- ator from Maryland. Lynch was sold at a bargain-basement eryone else already knew. I guess he no Mr. CARDIN. Mr. President, I thank price. AIG now has Government in- longer thought the fundamentals of the the majority leader for his comments. I volvement. This past Monday, the economy were great, as he said a day agree completely with him that the stock market fell by over 500 points— or so before that. What he said is the circumstances have reached a point the Dow Jones average—which is the economy is broken. That is some that we need to change direction, and largest single drop since the terrorist switch, isn’t it—from being sound fun- we need leadership that will move us attacks of September 2001. The tax- damentally to broken? But who does from the policies of the past to deal payers are being asked to stand behind MCCAIN think broke it? Was it George with the economic problems that we these financial institutions. Individ- Bush, DICK CHENEY, Phil Gramm, currently confront. uals who depended upon their invest- MCCAIN’s own Republican Congress? Mr. President, I ask unanimous con- ments for retirement or for savings The economy is not going to turn sent I can proceed as in morning busi- have seen a large part of that evapo- around overnight. We can’t snap our ness. rate. fingers or pass a bill and expect the The PRESIDING OFFICER. Without The administration says the econ- problems to be solved instantly. We objection, it is so ordered. omy is basically sound. JOHN MCCAIN were told that last night by Chairman Mr. CARDIN. Mr. President, the says the fundamentals of our economy Bernanke and Secretary Paulson. This problems we have been talking about are strong. Well, it is the economic whole situation is not going to be easy. on Main Street America have reached policies of this administration that It is going to take bipartisan coopera- Wall Street. I have taken the oppor- have made it much more vulnerable. It tion. I know for certain we are not tunity to speak on the floor on several was the former Secretary of HUD, going to fix our economy with a can- occasions about the fact that the prob- Alphonso Jackson, who said, ‘‘Let’s didate who only yesterday woke up and lems homeowners were facing in losing take a hands-off approach.’’ The lack of realized there is a problem. their homes in foreclosure were not Federal regulation and the lack of this Last month, 606,000 jobs were lost. I just the problems of those particular administration’s oversight of the finan- don’t know how many will be lost this homeowners, that it affects each and cial institutions in our country have month. I know Hewlett-Packard gave every one of us, that it was a housing certainly led to where we are today. it a good start by laying off 25,000 peo- crisis in America that would affect our Our economy is much more vulner- ple yesterday. I don’t know how many entire economy. I talked about the fact able because of the economic policies people lost their jobs with Lehman that we have an obligation to try to do of this administration. Let me give you Brothers. I don’t know how many peo- something to help. a few examples.

VerDate Aug 31 2005 23:34 Sep 17, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.026 S17SEPT1 smartinez on PROD1PC64 with SENATE S8910 CONGRESSIONAL RECORD — SENATE September 17, 2008 We have seen that during the past 8 with their workforce, if it is a level who pay our bills are also paying more years this administration has taken an playing field. But we need an adminis- for pharmaceuticals than we should. economy with large budget surpluses tration that is going to fight for envi- In short, we have to get back to ba- to an economy with large budget defi- ronmental and labor standards so that sics. We have to get back to basics. We cits. This administration took a na- we have that level playing field and need to change the economic policies of tional debt that was a little over $5 that will eliminate the tax breaks we this administration, get back to fiscal trillion and we are now approaching $10 give in our own code for companies responsibility, get back to energy inde- trillion. They took a surplus of a cou- that take their jobs overseas. That pendence, and get back to health care ple of hundred billion dollars a year makes no sense at all. We need to fight reform. and turned it into a deficit of over $400 for those changes. Let’s do the things that will make billion a year. They have grown the We need an energy policy that will this Nation competitive. And if we do, trade deficit to over $700 billion a year, make this country truly independent. our economy will not be as vulnerable costing us jobs here in America. They We need to do that not just for our as it is today. That is why what started have had a policy that yielded to the economy—and we know the cost of en- as a mortgage problem grew into a oil companies this oil dependency ergy and what has happened because of housing crisis, grew into an economic where we are not energy independent, countries halfway around the world problem for working families, and now so gasoline prices approach $4 a gallon. changing their production, and it af- it is affecting Wall Street. It does not The health care system has seen 6 mil- fects the price here in America. It af- make any difference whether you are lion more Americans lose their health fects our economy. But we have to do an employee or employer, company or insurance and become uninsured as a it for our own security so we do not worker, you are being hurt badly by result of the administration’s policies. have to go to war because we are in the economic policies of this adminis- And the unemployment rate that was a danger of losing oil. We have to do it tration. It is time for us to work together, little over 4 percent has grown to over for our environment because global cli- Democrats and Republicans. This is 6 percent. mate change is real. We can accom- Now, Congress has taken some steps plish all three of those goals by energy not a partisan issue. It should not be a in order to try to deal with this. Quite independence and help our economy. partisan issue. Energy independence should not be a partisan issue. Health frankly, we could have taken those But we are not going to achieve it care reform should not be a partisan steps a little faster if it were not for through drilling. I know there are a lot issue. Balancing the budget should not the Republican filibusters. But we need of people here who want to drill. We be a partisan issue. So let’s work to- to do a lot more. We have taken steps have 3 percent of the world’s reserves; gether, Democrats and Republicans. to try to help families save their we use 25 percent of the world’s oil. Let’s help those who are looking to homes. Yes, I think we should be doing You are not going to get energy inde- their Government in this time of need more. I was listening to the assistant pendence through drilling. Yes, we sup- to be there to help them. Let’s do the majority leader talking about ways we port drilling where it can be done in a right thing for the people who need our could do that through changes in the sensible way because we need the oil, help. But then let’s rebuild our econ- certainly in the short term, but we bankruptcy laws. I think we need to do omy so we are never as vulnerable as need to develop alternative and renew- that. There are things we can do to we are today, so that we have the eco- able energy sources. That makes the help homeowners save their homes. nomic basis to be able to deal with the We can certainly do more to help most sense for this country. That is normal cycles in the economy without families deal with the consequences of what we have to do. We have to use less so many families losing their homes this economy, whether it is the high energy. and so many families being wiped out cost of energy and air-conditioning We can become energy independent if on their savings. We can do this if we we set our minds to do it. I hope we their homes or, in the winter, heating work together. I urge my colleagues to will take this as the last wake-up call their homes or whether there are other do this. areas we can help those who are suf- and at least enact policies that will fering through this economy. truly make us energy independent. We f I hope our colleagues will not fili- are going to have a chance to do that EXTENSION OF MORNING buster those opportunities so we can later this week—at least move in that BUSINESS help those who have lost their jobs. I direction—and I hope my colleagues Mr. CARDIN. On behalf of the major- think we have a responsibility. That is will join me in supporting that legisla- ity leader, I ask unanimous consent what Government should be doing. The tive effort. that the period for morning business be economy is not producing the jobs they We have to take on the health care extended to 2:15 p.m. today, with Sen- need. They cannot find jobs through no system. It is too costly in America. We ators permitted to speak for up to 10 fault of their own; it is the economic spend too much money on health care. minutes each. problems. That is where Government We do not have the results to indicate The PRESIDING OFFICER (Mr. can help. that. It is a national disgrace that we MENENDEZ). Without objection, it is so We could certainly have the right have 47 million without health insur- ordered. regulatory and oversight system to ance in America. And each of us is pay- f deal with what is happening with our ing for it. We are paying for it through financial institutions. higher taxes and through higher pre- THE ECONOMY But we need to get back to basics. We mium costs. It is time that every Mr. DEMINT. Mr. President, my col- need to get back to fiscal responsi- American has access to affordable, league has made a case for more Gov- bility. You cannot cut taxes, go to war, quality health care, and that means we ernment intervention into the prob- and not pay for the war or pay for the have to deal with the 47 million who lems on Wall Street and in our econ- tax cuts and get these huge deficits and are uninsured. They need to have in- omy, basically blaming the free mar- expect our economy to be strong. Fis- surance. kets for our failures. cal responsibility starts with balancing We need to deal with preventative I would like to make it clear what I the budget, by recognizing that tax health care. It saves a lot of money to think most Americans already know, cuts have to be paid for and this war make sure people are able to get the which is that many of the problems we spending has to be paid for. Quite test and lab work necessary to have are having today, particularly the frankly, I believe the right course is to early intervention into diseases. problems with AIG, the failures on get our troops out of Iraq and save It makes sense for us to take on the Wall Street, the mortgage industry, ac- those dollars. pharmaceutical manufacturers. Why tually go back not to greed in the pri- We have to help deal with a trade are we paying three times what the vate market but political greed—the policy, a trade policy that will give consumers of the industrialized world problems that were created when this American workers a level playing field are paying for the same medicines that Congress and this Government set up so they can compete. They can com- are manufactured here? Our taxpayers Fannie Mae and Freddie Mac as gov- pete with any country in the world, are paying for that. And those of us ernment-sponsored enterprises with

VerDate Aug 31 2005 02:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.027 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8911 the implied and now very explicit have scrutiny; that the administration, CONSTITUTION DAY backing of the American people. It pro- if it sees wasteful projects, does not Mr. BYRD. Mr. President, I think vided so much cheap credit to the mar- feel obligated to spend the money, that September 17 should be honored ket, securities that were bought and which is a good thing. equally with the Fourth of July. Both sold by many companies. AIG is in In this Defense authorization bill, dates mark bedrock, fundamentally trouble because of these bad mortgages some Senators, my Democratic col- important events in the life of our that basically originated with Fannie leagues, have decided they want to go country. Most Americans know that Mae and Freddie Mac. around the Executive order. They want July 4, 1776, marks the signing of the My point is that the problems we are all of these earmarks to have the force Declaration of Independence, but far having are caused by the wrong kind of of law, which means whether they are fewer could say what is so important Government intervention. This is not a meritorious or not the administration about September 17. failure of free enterprise; this is a fail- has to honor them. The way they have I am sure that you are not scratching ure of Government solutions and the done this, which sets us back years as your head over this date, but perhaps lack of Government oversight into en- far as earmark reform in the Senate, is some who are listening are doing just terprises such as Fannie Mae and they have put a little section in this that. September 17—does it mark the Freddie Mac that were started. bill that references all of these ear- end of the American Revolution? Was Now, in a situation where we already marks and in effect makes them law. it the date of George Washington’s in- have debt as a nation, we are bor- What I have offered is an amendment. auguration? Did Christopher Columbus rowing excessively and our economy is I asked to have one amendment on this spot land or the passengers of the slowing down. We are in a situation bill. There is a tradition in the Senate Mayflower disembark on this date? The where we have to continue to spend that Senators are allowed to offer an answer to all of the above is no. Those money to bail out these companies be- amendment. I have been waiting a are important historical events, to be cause of bad Government decisions dec- week to offer the amendment. It sure, but none of those dates reaches ades ago. A lot of money is being spent strikes that section that tries to se- out to touch the daily lives in as many and a lot is being wasted by this Con- cretly attach all of the earmarks to the ways as September 17. gress. On September 17, 1787, the U.S. Con- actual law. It is a simple amendment of We have had a debate over the last 2 stitution was signed. Our great na- three words: ‘‘Strike section 1002.’’ It years about wasteful spending and ear- tional experiment in representative de- does not eliminate all of the earmarks, marks. There has been a lot of talk mocracy began nearly 2 years later but it gives the administration the about creating more transparency and with the approval and entry into force stopping this wasteful spending. We right they should have not to spend of the Constitution on March 4, 1789, had an ethics bill that passed with a money on projects in this green book after New Hampshire became the ninth lot of fanfare where we talked about that are not needed by the military or State to ratify it. September 17, 1787, making these earmarks more trans- to defend this country and that the however, marks the ‘‘miracle in Phila- parent, putting them in the bills them- military considers wasteful. We should delphia’’ when the Constitutional Con- selves so that the American people not allow Members of the Senate to vention gave birth to its masterpiece. could see what we are spending, and pretend to have reformed the earmark We all know that the Declaration of that if we were going to have a ‘‘bridge process, to pretend to have a more eth- Independence describes in soaring ora- to nowhere,’’ at least the American ical process, when, in fact, what they tory the grand goals for the new Re- people knew we were spending that have done is the most unethical thing public, chief among them the ‘‘life, lib- money. we have ever done with earmarks: to erty and the pursuit of happiness’’ that We have talked about this for the try to make something secret actually most people recognize. It is also full of past 2 years, and even the President have the force of law with a little sec- more specific examples of things the has recognized that so much of this tion written here. Founders could no longer tolerate, earmarking has resulted in wasteful My amendment would change that such as taxation without representa- spending in transportation, and espe- and put it back to the way it has been tion, having British troops quartered cially in the military, that he has for years. I ask my colleagues not to go in private homes, and lack of access to issued an Executive order that has backwards as far as earmark reform, fair trials. In the Constitution, the made it clear that when we produce a not to defy what the American people Founders created the structures of gov- bill, such as the Defense authorization have told us increasingly about waste- ernment to implement both the grand bill, and then, as an aside, we produce ful spending at a time of an economic visions of a free republic and to prevent what we call report language, with of- downturn, a time of war, a time of the abuses of government they had suf- tentimes thousands of earmarks, po- heavy debt, when we have 5 billion dol- fered under British rule and outlined in litically directed spending all over the lars’ worth of earmarks in this little the Declaration. As a result, the Con- country—few that the military asked green book that Americans won’t see, stitution generally makes for less com- for, most they did not. and we can’t bring it up, as we talked pelling reading material than the Dec- A lot of these are meritorious about in the ethics reform bill, in a laration of Independence. It is not full projects. The fact is, if we want to look searchable format where people can of stirring prose, but rather, it is like up the bill itself, the text, and search find all this wasteful spending. It is an assembly and repair manual, for different types of spending, it is not hidden, and it is not right. straightforward and commonsense. Yet available because it is not in the bill I encourage my colleagues to appeal it supports the framework for freedom itself. For many years in the Senate to the majority leader to give me this and justice. Its words, and those of its and the Congress as a whole we have amendment so that we can at least amendments, are as critically impor- produced spending and authorization have a vote. I encourage all colleagues tant to every American as instructions bills and then did the report language to vote for it. on how to operate a lifeboat are to the on the side with hidden earmarks that passengers of a storm-tossed ship. people didn’t know were there. The I yield the floor and suggest the ab- The Constitutional Convention that President said in his Executive order sence of a quorum. met in Philadelphia managed to build that when we send a bill over with re- The PRESIDING OFFICER. The an entire government in just seven ar- port language on the side, he is going clerk will call the roll. ticles and a preamble. One article for to direct his agencies not to honor The assistant legislative clerk pro- the legislative branch, one for the ex- these earmarks unless they are meri- ceeded to call the roll. ecutive branch, one for the judicial torious, unless they agree with the branch, one for the States, one for the mission of the agency and the purpose Mr. BYRD. Mr. President, I ask unan- amendment process, one to define Fed- of the legislation. It doesn’t mean imous consent that the order for the eral power, and one to set forth the re- these are all taken out and lost, which quorum call be rescinded. quirements for ratification—the Con- is what has been presented on the Sen- The PRESIDING OFFICER. Without stitution is shorter than many instruc- ate floor today. What it means is they objection, it is so ordered. tion manuals for new cars, even if you

VerDate Aug 31 2005 00:43 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.028 S17SEPT1 smartinez on PROD1PC64 with SENATE S8912 CONGRESSIONAL RECORD — SENATE September 17, 2008 add the 27 amendments. Yet, for over The Bush administration had no interest elected. Had anyone explained to the presi- 200 years, the Constitution and the in changing the law, according to U.S. Dis- dent what was at stake? Government it created have overcome trict Judge Royce C. Lamberth, chief of the Whelan pulled out his BlackBerry. He fired off a message to White House staff secretary the challenges of insurrection, war, de- federal government’s special surveillance court when the warrantless eavesdropping Brett Kavanaugh, a friend whose position pression, growth, and technologies that began. gave him direct access to Bush. could never have been anticipated by ‘‘We could have gone to Congress, hat in ‘‘I knew zilch about what the matter was, the Founding Fathers. hand, the judicial branch and the executive but I did know that lots of senior DOJ folks This fall and winter, Americans will together, and gotten any statutory change were on the verge of resigning,’’ Whelan said again witness their Constitution in ac- we wanted in those days, I felt like,’’ he said in an e-mail, declining to discuss the subject tion. We will elect a new President and in an interview. ‘‘But they wanted to dem- further. ‘‘I thought it important to make many new Members of the House and onstrate that the president’s power was su- sure that the president was aware of that sit- Senate as well. Through the processes preme.’’ uation so that he could factor it in as he saw fit.’’ outlined in the Constitution and honed * * * * * Kavanaugh had no more idea than Whelan, Late that Wednesday afternoon, Bush re- through years of practice, the Nation but he passed word to Card. will peacefully transition to a new gov- turned from Cleveland. In early evening, the The timing was opportune. Just about ernment. It seems routine to us, but phone rang at the makeshift FBI command then, around 11 p.m., Comey responded to an center at George Washington University angry summons from the president’s chief of the peaceful transition of government Medical Center, where Ashcroft remained in is a precious thing. Our system of staff. Whatever Card was planning to say, he intensive care. According to two officials had calmed down suddenly. checks and balances is a precious who saw the FBI logs, the president was on What was all this he heard, Card asked, thing. the line. Bush told the ailing Cabinet chief about quitting? On September 17, I hope that all to expect a visit from Gonzales and White ‘‘I don’t think people should try to get Americans who love our country and House Chief of Staff Andrew H. Card Jr. their way by threatening resignations,’’ cherish our flag will take just a few A Senate hearing in 2007 described some of Comey replied. ‘‘If they find themselves in a minutes to read and think about our what happened next. But much of the story position where they’re not comfortable con- remained untold. tinuing, then they should resign.’’ remarkable Constitution. Keep it close Alerted by Ashcroft’s chief of staff, Comey, to your heart, as I do. ‘‘He obviously got the gist of what I was Goldsmith and FBI Director Robert S. saying,’’ Comey recalled. Mr. President, I ask unanimous con- Mueller III raced toward the hospital, aban- It was close to midnight when Comey got sent to have printed in the RECORD a doning double-parked vehicles and running home, long past the president’s bedtime. Washington Post article entitled ‘‘Che- up a stairwell as fast as their legs could Bush had yet to learn that his government ney Shielded Bush From Crisis.’’ pump. was coming apart. Comey reached Ashcroft’s bedside first. There being no objection, the mate- * * * * * rial was ordered to be printed in the Goldsmith and his colleague Patrick F. Philbin were close behind. Now came Card Trouble was spreading. The FBI’s general RECORD, as follows: and Gonzales, holding an envelope. If Comey counsel, Valerie E. Caproni, and her CIA [From Sept. 15, 2008] would not sign the papers, maybe Ashcroft counterpart, Scott W. Mueller, told col- CHENEY SHIELDED BUSH FROM CRISIS would. leagues they would leave if the president re- (By Barton Gellman) The showdown with the vice president the authorized the program over Justice Depart- Vice President Cheney convened a meeting day before had been excruciating, the pres- ment objections. Assistant Attorney General Christopher A. in the Situation Room at 3 p.m. on Wednes- sure ‘‘so great it could crush you like a Wray, who ran Justice’s criminal division, day, March 10, 2004, with just one day left be- grape,’’ Comey said. This was worse. Was Comey going to sit there and watch a stopped Comey in a hallway. fore the warrantless domestic surveillance ‘‘Look, I don’t know what’s going on, but program was set to expire. Around him were barely conscious man make his mark? On an before you guys all pull the rip cords, please National Security Agency Director Michael order that he believed, and knew Ashcroft give me a heads-up so I can jump with you,’’ V. Hayden, White House counsel Alberto R. believed, to be unlawful? he said. Gonzales and the Gang of Eight—the four Unexpectedly, Ashcroft roused himself. Previous accounts have said he backed his James A. Baker, the counselor for intel- ranking members of the House and the Sen- ligence, thought hard about jumping, too. ate, and the chairmen and vice chairmen of deputy. He did far more than that. Ashcroft told the president’s men he never should Early on, he got wind of the warrantless the intelligence committees. eavesdropping and forced the White House to Even now, three months into a legal rebel- have certified the program in the first place. disclose it to Lamberth. Later, Baker told lion at the Justice Department, President ‘‘You drew the circle so tight I couldn’t get Lamberth’s successor that he could not Bush was nowhere in the picture. He was the advice that I needed,’’ Ashcroft said, ac- stumping in the battleground state of Ohio, cording to Comey. He knew things now, the vouch that the Bush administration was hon- talking up the economy. attorney general said, that he should have oring its promise to keep the chief surveil- With a nod from Cheney, Hayden walked been told before. Spent, he sank back in his lance judge fully informed. through the program’s vital mission. bed. ‘‘I was determined to stay there and fight Gonzales said top lawyers at the NSA and Mueller arrived just after Card and for what I thought was right,’’ Baker said in Justice had green-lighted the program from Gonzales departed. He shared a private mo- an interview, declining to say what the fight the beginning. Now Attorney General John ment with Ashcroft, bending over to hear the was about, on or off the record. He had obli- D. Ashcroft was in the hospital, and James man’s voice. gations, he said, to the lawyers who worked B. Comey, Ashcroft’s deputy, refused to cer- ‘‘Bob, I’m struggling,’’ Ashcroft said. for him in the Office of Intelligence Policy tify that the surveillance was legal. ‘‘In every man’s life there comes a time and Review. ‘‘If it had come to this, if people That was misleading at best. Cheney and when the good Lord tests him,’’ Mueller re- were willing to go to the mat and tolerate Gonzales knew that Comey spoke for plied. ‘‘You have passed your test tonight.’’ the attorney general and deputy attorney Ashcroft as well. They also knew, but chose * * * * * general resigning, that’s pretty serious. God not to mention, that Jack L. Goldsmith, Goldsmith was out the door. He telephoned knows what else they would have come up chief of the Office of Legal Counsel at Jus- Ed Whelan, his deputy, who was at home with.’’ tice, had been warning of major legal prob- bathing his children. * * * * * lems for months. ‘‘You’ve got to get into the office now,’’ At the White House on Thursday morning, More than three years later, Gonzales Goldsmith said. ‘‘Please draft a resignation the president moved in a bubble so tight that would testify that there was ‘‘consensus in letter for me. I can’t tell you why.’’ hardly any air was getting in. It was March the room’’ from the lawmakers, ‘‘who said, All hell was breaking loose at Justice. 11, decision day. If Bush reauthorized the ‘Despite the recommendation of the deputy Lawyers streamed back from the suburbs, program, he would have no signature from attorney general, go forward with these very converging on the fourth-floor conference the attorney general. By now that was no- important intelligence activities.’ ’’ By this room. Most of them were not cleared to hear where near the president’s biggest problem. account—disputed by participants from both the details, but a decision began to coalesce: Many of the people Bush trusted most were parties—four Democrats and four Repub- If Comey quit, none of them were staying. out of the picture. Karl Rove was not cleared licans counseled Cheney to press on with a At the FBI, they called Mueller ‘‘Bobby for the program. Neither was Dan Bartlett or program that Justice called illegal. Three Sticks,’’ playfully tweaking the Karen Hughes. In fact, Cheney asked the lawmakers a Roman numerals in his fancy Philadelphia National security adviser Condoleezza Rice question that came close to answering itself. name. Late that evening, word began to had the clearance, but Cheney did not invite Could the House and Senate amend surveil- spread. It wasn’t only Comey. Bobby Three her to the meetings that mattered. lance laws without raising suspicions that a Sticks was getting ready to turn in his Bush gave a speech to evangelicals that new program had been launched? The obvi- badge. morning and left the White House for an ous reply became a new rationale for keeping Justice had filled its top ranks with polit- after-lunch fundraiser in New York. In what- Congress out. ical loyalists. They hoped to see Bush re- ever time he took to weigh his options, the

VerDate Aug 31 2005 02:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.031 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8913 president had only Cheney, Card and Bush signed the directive before leaving ‘‘Mr. President, I would love to be able to Gonzales to advise him. for New York around lunchtime on Thurs- do that.’’ The vice president knew exactly where he day, March 11, 2004. Bush’s tone grew crisp. stood, unswerving in his commitment to Comey got word a couple of hours later. He ‘‘I decide what the law is for the executive keep the program just as it was. Gonzales sat down and typed a letter. branch,’’ he said. later told two confidants that he had broken ‘‘Over the last two weeks . . . I and the De- ‘‘That’s absolutely true, sir, you do. But I with David S. Addington, Cheney’s lawyer, partment of Justice have been asked to be decide what the Department of Justice can urging Bush to find common ground with part of something that is fundamentally certify to and can’t certify to, and despite Justice. Card, too, told colleagues that he wrong,’’ he wrote. ‘‘As we have struggled my absolute best efforts, I simply cannot in had urged restraint. over these last days to do the right thing, I the circumstances.’’ ‘‘My job was to communicate with the have never been prouder of the Department Comey had majored in religion, William president about the peripheral vision, not of Justice or of the Attorney General. Sadly, and Mary Class of 1982. He might have made just the tunnel vision of the moment,’’ he although I believe this has been one of the a connection with Bush if he had quoted a said, deflecting questions about the details. institution’s finest hours, we have been un- verse from Scripture. The line that came to Did peripheral vision mean a broader view able to right that wrong. . . . Therefore, with him belonged to a 16th-century theologian of the consequences? a heavy heart and undiminished love of my who defied an emperor. ‘‘Yes,’’ Card replied. ‘‘It was like—I don’t country and my Department, I resign as Dep- ‘‘As Martin Luther said, ‘Here I stand; I want to limit it to this particular matter, uty Attorney General of the United States, can do no other,’ ’’ Comey said. ‘‘I’ve got to but that’s part of a chief of staff’s job. A lot effective immediately.’’ tell you, Mr. President, that’s where I am.’’ of people who work in the White House have David Ayres, Ashcroft’s chief of staff, Now Bush said something that floored tunnel vision, and not an awful lot of people pleaded with Comey to wait a few days. He Comey. have peripheral vision. And I think the chief was certain that Ashcroft would want to quit ‘‘I just wish that you weren’t raising this of staff is one of the people who should have alongside him. Comey agreed to hold his let- at the last minute.’’ peripheral vision.’’ ter through the weekend. The last minute! He didn’t know. Card didn’t really need the corner of his Bush was not a man to second-guess him- The president kept talking. Not the way eye to see a disaster at hand. Even so, Bush self. By Friday morning, he would need new it’s supposed to work, popping up with news didn’t know what his subordinates knew that facts to save him. Somebody, finally, would like this. The day before a deadline? Thursday morning. have to tell him something. Wednesday. He didn’t know until Wednes- Cheney, Addington, Card and Gonzales had It was Rice, largely in the dark herself, day. No wonder he sent Card and Gonzales to plenty of data. Card had heard the news di- who threw the president a lifeline. She had a the hospital. rectly from Comey the night before. On few minutes alone with him, shortly before ‘‘Oh, Mr. President, if you’ve been told Thursday, the FBI director delivered much 7:30 a.m., on the day after he renewed the that, you have been very poorly served by the same warning. surveillance order. She told Bush about your advisers,’’ Comey said. ‘‘We have been For Cheney, it didn’t matter much whether telling them for months we have a huge one official or 10 or 20 took a walk. Maybe Comey’s agitated approach, the day before, to Frances Fragos Townsend, the deputy na- problem here.’’ they were bluffing, maybe not. The principle ‘‘Give me six weeks,’’ Bush asked. One was the same: Do what has to be done. tional security adviser for combating ter- rorism. This was no way to keep a secret. more renewal. ‘‘The president of the United States is the ‘‘I can’t do that,’’ Comey said. ‘‘You do say chief law enforcement officer—that was the ‘‘It was a compartmented issue,’’ Rice re- called in an interview. ‘‘Obviously, there was what the law is in the executive branch, I be- Cheney view,’’ said Bartlett, Bush’s coun- lieve that. And people’s job, if they’re going selor, who was later briefed into the program a security issue here and not just a legal one, because you didn’t want this sort of bumping to stay in the executive branch, is to follow and the events of the day. ‘‘You can’t let res- that. But I can’t agree, and I’m just sorry.’’ ignations deter you if you’re doing what’s around.’’ Rice made a suggestion. If they’re going to stay. right.’’ Comey was edging toward a breach of his Cheney and Addington ‘‘were ready to go Comey is ‘‘a reasonable guy,’’ she told the president. ‘‘You really need to make sure rule against resignation threats. to the mat,’’ he said, and the vice president’s This man just needs to know what’s about position boiled down to this: ‘‘ ‘That’s why that you are hearing these folks out.’’ An hour later, Comey and Robert Mueller to happen. we’re leaders, that’s why we’re here. Take arrived at the White House for the regular ‘‘I think you should know that Director the political hit. You’ve got to do it.’ ’’ 8:30 terrorism briefing. They had a lot to Mueller is going to resign today,’’ Comey * * * * * cover: Bombs aboard commuter trains in Ma- said. Addington opened the code-word-classified drid had killed 191 people. Bush raised his eyebrows. He shifted in his file on his computer. He had a presidential Both men told aides that this would be chair. He could not hide it, or did not try. He directive to rewrite. their last day in government. There would be was gobsmacked. It has been widely reported that Bush exe- no door-slamming, but the president had ‘‘Thank you very much for telling me cuted the March 11 order with a blank space made his choice and they had made theirs. that,’’ he said. over the attorney general’s signature line. Bush stood as the meeting ended, crossing Comey hurried down to Mueller, who sat in That is not correct. For reasons both sym- behind Cheney’s chair. Comey moved in the the foyer outside the Situation Room. A Se- bolic and practical, the vice president’s law- opposite direction, on his way out. He had cret Service agent followed close behind. The yer could not tolerate an empty spot where nearly reached the grandfather clock at the president would like to see you, the agent a mutinous subordinate should have signed. door, two witnesses said, when the president told Mueller. Addington typed a substitute signature line: said, ‘‘Jim, can I talk to you for a minute?’’ Comey pulled out his BlackBerry and sent ‘‘Alberto R. Gonzales.’’ Bush nodded toward the private dining a note to six colleagues at 9:27 a.m. What Addington wrote for Bush that day room a few steps from his desk, the one he ‘‘The president just took me into his pri- was more transcendent than that. He drew shared with Cheney once a week. This time vate office for a 15 minute one on one talk,’’ up new language in which the president re- the vice president was not invited. he wrote. ‘‘Told him he was being misled and lied on his own authority to certify the pro- ‘‘I’ll wait for you downstairs,’’ Mueller told poorly served. We had a very full and frank gram as lawful. Bush expressly overrode the Comey. exchange. Don’t know that either of us can Justice Department and any act of Congress see a way out. . . . Told him Mueller was or judicial decision that purported to con- * * * * * about to resign. He just pulled Bob into his By now, around 9:15 Friday morning, Bush strain his power as commander in chief. Only office.’’ knew enough to be nervous about what the Richard M. Nixon, in an interview after leav- The FBI director was no more tractable acting attorney general might do. That did ing the White House in disgrace, claimed au- than Comey. This was a rule-of-law question, not mean he planned to reverse himself. One thority so nearly unlimited. he told the president, and the answer was in high-ranking adviser said there was still an The specter of future prosecutions hung the Justice Department. The FBI could not ‘‘optimism that maybe you can finesse your over the program, now that Justice had participate in operations that Justice held to ruled it illegal. way through this.’’ Afterward, in conversations with aides, the be in breach of criminal law. If those were ‘‘Pardon was in the air,’’ said one of the his orders, he would respectfully take his lawyers involved. two men described the meeting in similar terms. leave. It was possible to construct a case, he said, And there it was, unfinessable. Bush was in which those who planned and carried out ‘‘You don’t look well,’’ Bush began. Oldest trick in the book. Establish domi- out of running room, all the way out. He had the program were engaged in a criminal con- only just figured out that the brink was spiracy. That would be tendentious, this law- nance, put the other guy off his game. ‘‘Well, I feel okay.’’ near, and now he stood upon it. yer believed, but with a change of govern- ‘‘I’m worried about you. You look bur- Not 24 hours earlier, the president had ment it could not be ruled out. dened.’’ signed his name to an in-your-face rejection ‘‘I’m sure when we leave office we’re all ‘‘I am, Mr. President. I feel like there’s a of the attorney general’s ruling on the law. going to be hauled up before congressional tremendous burden on me.’’ Now he had two bad choices. March on, with committees and grand juries,’’ Addington ‘‘Let me lift that burden from your shoul- all the consequences. Or retreat. told one colleague in disgust. ders,’’ Bush said. ‘‘Let me be the one who The president stepped back from the preci- * * * * * makes the decision here.’’ pice. He gave Mueller a message for Comey.

VerDate Aug 31 2005 02:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.004 S17SEPT1 smartinez on PROD1PC64 with SENATE S8914 CONGRESSIONAL RECORD — SENATE September 17, 2008 ‘‘Tell Jim to do what Justice thinks needs thinks from a policy standpoint, and I think out by our Constitution—the execu- to be done,’’ he said. he does this out of pure intentions. He thinks tive, the legislative, and the judicial Seven days later, Bush amended his March of the national security interest or the pre- branches—we have moved toward one 11 directive. The legal certification belonged rogatives of the executive. The president has dominant branch, that of the executive again to the attorney general. The surveil- other considerations he has to take into ac- lance program stopped doing some things, count. The political fallout of certain reac- ruling under the theory of the unitary and it did other things differently. Much of tions—he’s just going to calculate different executive. the operation remained in place. Not all of than Cheney does.’’ Mr. BYRD. King. it. ‘‘He grew accustomed to that,’’ Bartlett Mr. SANDERS. In my view, that is * * * * * said. not what the Constitution of our great Because Bush did not walk off the cliff, and Mr. BYRD. Mr. President, I yield the country is about, nor is it what the because so much of the story was suppressed, floor. Framers wanted it to be. The theory of an extraordinary moment in presidential his- I thank all Senators. unitary executive states that since the tory passed unrecognized. I suggest the absence of a quorum. Constitution inherently gives the ‘‘I mean, it would be damn near unprece- The PRESIDING OFFICER. The President the power to do all kinds of dented for the top echelon of your Justice clerk will call the roll. things—especially within the military Department to resign over a position you’ve The bill clerk proceeded to call the and defense context beyond what is de- taken,’’ Bartlett said. There might be one precedent, he allowed. roll. tailed in article II, then the President He did not want to spell it out. Mr. SANDERS. Mr. President, I ask essentially can make up whatever he ‘‘Not a good one,’’ he said. unanimous consent that the order for wants to justify for this or that action. During the Watergate scandal, the attor- the quorum call be rescinded. In other words, he can say: We are ney general and deputy attorney general re- The PRESIDING OFFICER. Without threatened by international terrorism signed, refusing to carry out Richard Nixon’s objection, it is so ordered. and I, as the President of the United order to fire the special prosecutor. Nixon Mr. SANDERS. Mr. President, I wish States, can do anything I want to fight lost his top two Justice officials, and that to say a few words in thanking Senator international terrorism. I don’t have to was called the Saturday Night Massacre. BYRD, not only for his years of illus- Bush had come within minutes of losing worry about separation of powers. I his FBI director and at least the top five lay- trious service to the American people don’t have to worry about the laws of ers at Justice. What would they call that? but for reminding us about the impor- the land. I don’t have to worry about Suicide, maybe? tance of the Constitution. It is incred- the Constitution. I am the President. ‘‘You don’t have to be the smartest guy to ible that year after year he has come In my judgment, I can do what I want. figure out that [mass resignations] would be up here—and perhaps more than any I think the Senator from West Virginia pretty much the most devastating thing that other Member of the Congress—to in- would agree with me, that that is not could happen to your administration,’’ said struct the American people about that Mark Corallo, Ashcroft’s communications di- what the Constitution of this country rector and, during Bush’s first race for the great document and to urge people— is about. White House, chief spokesman for the Repub- children, old people, people from all Mr. BYRD. That is right. lican National Committee. ‘‘The rush to over this country—to once again study Mr. SANDERS. And that, unfortu- hearings on the Hill, both in the House and what the Constitution is about. nately, we have a President who does Senate, would be unbelievable. The media I would hope, as a result of Senator not understand that. frenzy that would have ensued would have BYRD’s efforts, classrooms all over this In the last 8 years, sadly, we have been unlike anything we’ve ever seen. That’s country—our young people—will under- seen a steady erosion of the funda- when you’re getting into Watergate terri- stand the importance of the Constitu- mental rights and balance of power laid tory.’’ tion. Long after departing as chief of staff, Card out in the Constitution and in our Bill held fast to the proposition that whatever So I say to Senator BYRD, thank you of Rights. We have seen the President, happened was nobody’s business, and no big so much for your service in that re- the Vice President, and the administra- deal anyway. gard. tion carry out an unprecedented num- ‘‘I think you’re writing about something Mr. BYRD. I thank the Senator. ber of programs that insult our con- that’s irrelevant,’’ Card said. ‘‘Voyeurism.’’ Mr. SANDERS. Mr. President, as we stitutional system and erode our stand- Because? observe Constitution Day today, we do ing around the world—— ‘‘Nobody resigned over this,’’ he said. It all not have to look very far to be re- Mr. BYRD. Yes. boiled down to trash talk: ‘‘ ‘Oh, I was gonna minded why it is important for us to swing at the pitch but it was too high.’ ’’ Mr. SANDERS. Because our Nation That seems unlikely to stand as history’s reflect on the 221st birthday of the was founded as a nation of laws, not of verdict. In the fourth year of his presidency, Constitution, which was signed by the individuals. a man who claimed the final word was forced Framers in Philadelphia on this date in Mr. BYRD. Right. by subordinates to comply with their ruling 1787. I think the reason why it is so im- Mr. SANDERS. Let me list a few of on the law. Ashcroft, Comey, Goldsmith, portant to take a hard look at the Con- the programs. I will not go on for too Philbin—believers, one and all, in the ‘‘uni- stitution today is because of what has long, but I want the American people tary executive branch’’—obliged the com- happened over the last 8 years, because to get a glimpse of what has, in fact, mander in chief to stand down. For the first in many respects we have had a Presi- gone on in the last 8 years under a time, a president claimed in writing that he alone could say what the law was. A rebel- dent who did not do as Senator BYRD President who neither understands the lion, in direct response, became so potent a urged us to do: Study the Constitution. Constitution nor respects the Constitu- threat that Bush reversed himself in a day. We all know that international ter- tion. Let me enumerate some of those ‘‘This is the first time when the president rorism is a very serious issue. We take provisions: of the United States really wanted some- it terribly seriously, and all of us are Passage of the original thing in wartime, and tried to overrule the pledged to do everything we can to pro- and the PATRIOT Act Reauthoriza- Department of Justice, and the law held,’’ tect the American people from inter- tion. said Goldsmith, after studying similar con- national terrorism. However, many of Illegal and expanded use of national flicts under Abraham Lincoln and Franklin D. Roosevelt. us believe we can do it within the con- security letters by the FBI. In the aftermath, the White House senior text of the United States Constitution The NSA’s warrantless wiretap pro- staff asked questions. Was the president get- and the separation of powers—— gram. ting timely information and advice? Had he Mr. BYRD. Yes. Using Presidential signing state- relinquished too much control to Cheney? Mr. SANDERS. Brought forth in that ments to ignore the intent of Bush, aides said, learned something he Constitution. Congress’s laws. would not forget. Cheney was the nearest Unfortunately, over the last 8 years Mr. BYRD. Yes. thing to an anti-politician in elected office. under the Bush administration, we Mr. SANDERS. We have a President Bush could not afford to be like that. In his have seen a tragic effort on the part of who says: Well, it is an interesting law. second term, his second chance, the presi- dent would take greater care to consult his the executive branch to impose on the I will pick and choose which of the pro- own instincts. people of this country a vision of gov- visions I want to implement. That is ‘‘Cheney was not afraid of giving pure, ernment where, instead of three co- not what the Constitution says. If you kind of principled advice,’’ Bartlett said. ‘‘He equal branches of government as laid don’t like the law, veto it.

VerDate Aug 31 2005 02:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.006 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8915 Mr. BYRD. Yes. persuasion—and I do want to say there Barton Gellman and published on Sep- Mr. SANDERS. But you cannot pick are a number of conservatives all over tember 14 and 15 of this year be printed and choose. That is clearly not what this country—and every honest con- in the RECORD at the conclusion of my the Constitution had in mind. servative should be appalled by the remarks. Furthermore, we have seen profiling constitutional abuse that has taken The PRESIDING OFFICER. Without of citizens engaged in constitutionally place by President Bush. No matter objection, it is so ordered. protected free speech and peaceful as- what your point of view is, you should (See exhibit 1.) sembly. My view is, if you are an be concerned, but especially for those Mr. SANDERS. Mr. President, I am American, you have a right to protest, citizens in our country who consider not the only person with these con- you have a right to engage in the polit- themselves conservatives and wish to cerns about the balance of power be- ical process without worrying that limit the role of government. tween the branches of Government. An somebody is spying on you. I ask the Senator from West Vir- August poll conducted by the Associ- Mr. BYRD. Yes. ginia: How often have we heard con- ated Press and the National Constitu- Mr. SANDERS. We have seen in re- servatives talk about a limited role in tion Center found that: cent years data mining of personal government and then go out and say: Two-thirds of Americans oppose altering records. Oh, the government can do anything the balance of power among the three We have seen, of course, the Abu they want; forget the Constitution. branches of government to strengthen the Ghraib prison scandal. Mr. BYRD. Yes, how often? presidency, even when they thought that We have seen a broad interpretation Mr. SANDERS. I think that is abso- doing so would improve the economy or na- of congressional resolutions regarding lutely hypocritical. tional security. use of military force as justification Mr. BYRD. Yes. Mr. BYRD. Amen. for unauthorized surveillance and other Mr. SANDERS. Even more amaz- Mr. SANDERS. This is not a partisan actions. ingly, when a few members of the De- issue, no matter what administration, Mr. BYRD. Yes. partment of Justice—the top law en- no matter what party. I am quite con- Mr. SANDERS. We have seen ex- forcement agency of our Government— fident that whether it is a Democratic traordinary renditions of detainees to including then-Attorney General John President or a Republican President, countries that allow torture. Ashcroft, FBI Director Robert Mueller, Senator BYRD will be there raising ex- We have seen getting rid of the right and Acting Attorney General James actly the same issues. of detainees to file habeas corpus peti- Comey, who learned of the program Mr. BYRD. Yes. tions. and refused to renew the program un- Mr. SANDERS. Because he under- We have seen the condoning of the less it was redrafted to fall within the stands—and I hope all of us under- use of torture. confines of U.S. surveillance law, the stand—that the Constitution is far We have seen political firings of U.S. President and his aides attempted to deeper than partisan politics or who Attorneys. completely bypass these critics and de- happens to sit in the White House in We have seen destruction of CIA cide that the President, and the Presi- this or that year. tapes. dent alone, could decide what is lawful Mr. BYRD. Yes. The list goes on and on and on. Those or unlawful. Mr. SANDERS. The secret creation are just some of the insults to the Con- Mr. BYRD. Oh, my, my. of the warrantless wiretapping pro- stitution that we have seen over the Mr. SANDERS. During a debate gram outside the confines of law is last 8 years. about who had the final word on the only one example of a number of the Mr. BYRD. Yes. warrantless wiretapping program, the ways the Constitution has been abused Mr. SANDERS. Mr. President, I also Washington Post quotes President over the last 8 years. wish to take a few moments to high- Bush as saying: ‘‘I decide what the law I conclude by again congratulating light one of the more egregious exam- is for the executive branch.’’ Senator BYRD. Because the work he is ples of this abuse which was recently Mr. BYRD. Oh, my God. doing here of trying to make sure that chronicled by the Washington Post. Mr. SANDERS. I concur. people from Maine to California study Mr. BYRD. Yes. Please do. The President does not decide the our Constitution—something that is Mr. SANDERS. This article describes law. It is the people of this country not happening enough in our schools— the unprecedented use of executive au- through the Congress who decide the Mr. BYRD. Right. thority which trampled on the rule of law, and the President, as every other Mr. SANDERS. People should under- law and, in the process, Americans’ American citizen, obeys the law. stand the Constitution and understand basic civil liberties. Specifically, the Mr. BYRD. Right. that the Constitution has laid out an article focuses on how a small group of Mr. SANDERS. When we lose that extraordinary framework from the first people in the White House—the Presi- understanding, we lose what our Con- day of this country. It is an extraor- dent, the Vice President, the Vice stitution is about, we lose the essence dinary document, perhaps the greatest President’s Chief of Staff, and a few of what the United States of America document ever written in the Western others—decided through their own is about. Thankfully, thankfully—let’s World. twisted interpretation of the Constitu- give credit where credit is due—by Mr. BYRD. Yes, it is. tion that with the President’s say-so threatening their mass resignation, the Mr. SANDERS. We should be enor- alone, they had the power to perform top leaders of the Justice Department mously proud. What we have to do re- warrantless surveillance on innocent forced the President to revise his and gardless of our political views is we Americans known as the NSA the Vice President’s legal justification have to stand and defend and fight for warrantless wiretapping program. They for this wiretap program, making it the integrity of that Constitution. created a program almost completely only a bit less objectionable. So I thank Senator BYRD so much for outside of the authority of our laws While I am opposed to the wire- what he has done in that regard to pro- based on the principle that because the tapping program in its current form tect our constitutional rights. President of the United States is the due to the fact that it does not have an With that, Mr. President, I yield the Commander in Chief, and it is his job adequate check on the power to mon- floor. to protect the country, anything they itor the conversations of innocent Mr. BYRD. And I thank Senator think of that protects this country— Americans, I do respect—and I hope we SANDERS. anything that fights terrorism—is jus- all respect—those individuals at the EXHIBIT 1 tified under the Constitution. That, in Department of Justice who, during this [From the Washington Post, Sept. 14, 2008] my view, is dead wrong. time in 2003 and 2004, stood up for the CONFLICT OVER SPYING LED WHITE HOUSE TO Mr. BYRD. Shame. basic aspects of our legal system. BRINK Mr. SANDERS. This view of the Con- Mr. BYRD. Yes. (By Barton Gellman) stitution and the balance of power in Mr. SANDERS. Mr. President, I ask A burst of ferocity stunned the room into our Government should make all unanimous consent that a copy of the silence. No other word for it: The vice presi- Americans, no matter what political Washington Post articles written by dent’s attorney was shouting.

VerDate Aug 31 2005 00:43 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.033 S17SEPT1 smartinez on PROD1PC64 with SENATE S8916 CONGRESSIONAL RECORD — SENATE September 17, 2008 ‘‘The president doesn’t want this! You are these new surveillance tools. Bush had made was rumpled and self-conscious, easy to un- not going to see the opinions. You are out a decision. Debate could only blow the se- derestimate. On first impression, he gave off . . . of . . . your . . . lane!’’ cret, slow down vital work, or call the presi- a misleading aura of softness. Goldsmith had Five government lawyers had gathered dent’s constitutional prerogatives into ques- lettered in football, baseball and soccer at around a small conference table in the Jus- tion. the Pine Crest School in Fort Lauderdale, tice Department command center. Four were The NSA lawyers returned to their car Fla., spending his formative years with a expected. David S. Addington, counsel to empty-handed. mob-connected Teamster who married his Vice President Cheney, got wind of the meet- * * * * * mother. He was not a bare-knuckled brawler ing and invited himself. The command center of ‘‘the president’s in Addington’s mold, but Goldsmith arrived If Addington smelled revolt, he was not far at Justice with no less confidence and wrong. Unwelcome questions about program,’’ as Addington usually called it, was not in the White House. Its controlling strength of will. warrantless domestic surveillance had begun Addington’s behavior with the NSA audi- documents, which gave strategic direction to to find their voice. tors was ‘‘a wake-up call for me,’’ Goldsmith the nation’s largest spy agency, lived in a Cheney and his counsel would struggle for said. Cheney and Addington, he came to be- vault across an alley from the West Wing—in months to quash the legal insurgency. By lieve, were gaming the system, using secrecy the Eisenhower Executive Office Building, on the time President Bush became aware of it, and intimidation to prevent potential dis- the east side of the second floor, where the his No. 2 had stoked dissent into flat-out re- senters from conducting an independent re- bellion. The president would face a dilemma, vice president headquartered his staff. The vault was in EEOB 268, Addington’s of- view. and the presidency itself a historic test. Che- ‘‘They were geniuses at this,’’ Goldsmith fice. Cheney’s lawyer held the documents, ney would come close to leading them off a said. ‘‘They could divide up all these prob- physical and electronic, because he was the cliff, man and office both. lems in the bureaucracy, ask different people one who wrote them. New forms of domestic On this second Monday in December 2003, to decide things in their lanes, control the espionage were created and developed over Addington’s targets were a pair of would-be facts they gave them, and then put the an- time in presidential authorizations that auditors from the National Security Agency. swers together to get the result they want.’’ Addington typed on a Tempest-shielded com- He had displeasure to spare for their Justice Dec. 9, 2003, the day of the visit from Bren- puter across from his desk. Department hosts. ner and Potenza, was the beginning of the It is unlikely that the history of U.S. intel- Perfect example, right here. A couple of end of that strategy. The years of easy vic- ligence includes another operation conceived NSA bureaucrats breeze in and ask for the tory were winding down for Cheney and his and supervised by the office of the vice presi- most sensitive documents in the building. staff. And Justice wants to tell them, Help your- dent. White House Chief of Staff Andrew H. selves? This was going to be a very short Card Jr. had ‘‘no idea,’’ he said, that the * * * * * meeting. presidential orders were held in a vice presi- Goldsmith began a top-to-bottom review of Joel Brenner and Vito Potenza, the two dential safe. An authoritative source said the domestic surveillance program, taking men wilting under Addington’s wrath, had the staff secretariat, which kept a com- up the work begun by a lawyer named Pat- driven 26 miles from Fort Meade, the NSA’s prehensive inventory of presidential papers, rick F. Philbin after John Yoo left the de- eavesdropping headquarters in Maryland. classified and unclassified, possessed no partment. Like Yoo and Goldsmith, Philbin They were conducting a review of their agen- record of these. had walked the stations of the conservative cy’s two-year-old special surveillance oper- In an interview, Card said the Executive legal establishment: Federalist Society, a ation. They already knew the really secret Office of the President, a formal term that clerkship with U.S. Circuit Judge Laurence stuff: The NSA and other services had been encompassed Bush’s staff but not Cheney’s, H. Silberman, another with Supreme Court unleashed to turn their machinery inward, followed strict procedures for handling and Justice Clarence Thomas. collecting signals intelligence inside the securing presidential papers. The more questions they asked, the less United States. What the two men didn’t ‘‘If there were exceptions to that, I’m not Goldsmith and Philbin liked the answers. know was why the Bush administration be- aware of them,’’ he said. ‘‘If these documents Parts of the program fell easily within the lieved the program was legal. weren’t stored the right way or put in the constitutional powers of the commander in It was an awkward question. Potenza, the right places or maintained by the right peo- chief. Others looked dicier. NSA’s acting general counsel, and Brenner, ple, I’m not aware of it.’’ The two lawyers worked at the intersec- its inspector general, were supposed to be Asked why Addington would write presi- tion of three complex systems: telecommuni- the ones who kept their agency on the dential directives, Card said, ‘‘David cations, spy technology, and the statutory straight and narrow. That’s what Cheney and Addington is a very competent lawyer.’’ regimes that governed surveillance. After a their boss, Lt. Gen. Michael V. Hayden, told After a moment he added, ‘‘I would consider few weeks, Goldsmith said, he decided the doubters among the very few people who him a drafter, not the drafter. I’m sure there program ‘‘was the biggest legal mess I’d seen knew what was going on. Cheney, who were a lot of smart people who were involved in my life.’’ chaired briefings for select members of Con- in helping to look at the language and the He asked for permission to read in Attor- gress, said repeatedly that the NSA’s top law law.’’ ney General John D. Ashcroft’s new deputy, and ethics officers—career public servants— Not many, it turned out. Though the presi- James B. Comey. As always, he found approved and supervised the surveillance dent had the formal say over who was ‘‘read Addington waiting with Gonzales in the program. in’’ to the domestic surveillance program, White House counsel’s corner office, one That was not exactly true, not without one Addington controlled the list in practice, ac- floor up from the chief of staff. They sat in of those silent asterisks that secretly flip a cording to three officials with personal parallel wing chairs, much as Bush and Che- sentence on its tail. Every 45 days, after Jus- knowledge. White House counsel Alberto R. ney did in the Oval Office. tice Department review, Bush renewed his Gonzales was aware of the program, but was ‘‘The attorney general and I think the dep- military order for warrantless eaves- not a careful student of the complex legal uty attorney general should be read in,’’ dropping. Brenner and Potenza told Hayden questions it raised. In its first 18 months, the Goldsmith said. that the agency was entitled to rely on those only other lawyer who reviewed the program Addington replied first. orders. The United States was at war with was John Yoo. ‘‘Forget it,’’ he said. al-Qaeda, intelligence-gathering is inherent By the time the NSA auditors came call- ‘‘The president insists on strict limitations in war, and the Constitution appoints the ing, a new man, Jack L. Goldsmith, was on access to the program,’’ Gonzales agreed. president commander in chief. chief of the Justice Department’s Office of Weeks passed. Goldsmith kept asking. But they had not been asked to give their Legal Counsel. Soon after he arrived on Oct. Addington kept saying no. own written assessments of the legality of 6, 2003, the vice president’s lawyer invited ‘‘He always invoked the president, not the domestic espionage. They based their answer him to EEOB 268. Addington pulled out a vice president,’’ Goldsmith said. in part on the attorney general’s certifi- folder with classification markings that Comey was not exactly Mr. Popular at 1600 cation of the ‘‘form and legality’’ of the Goldsmith had never seen. Pennsylvania Ave. He had arrived at Justice president’s orders. Yet neither man had been ‘‘David Addington was doing all the legal as a 6–foot–8 golden boy, smooth and pol- allowed to see the program’s codeword-clas- work. All the important documents were ished, with top chops as a federal terrorism sified legal analyses, which were prepared by kept in his safe,’’ Goldsmith recalled. ‘‘He prosecutor in Northern Virginia and New John C. Yoo, Addington’s close ally in the was the one who first briefed me.’’ York City. Then came Dec. 30, 2003. Comey Justice Department’s Office of Legal Coun- Goldsmith’s new assignment gave him did something unforgivable: He appointed an sel. Now they wanted to read Yoo’s opinions final word in the executive branch on what independent counsel to investigate the leak for themselves. was legal and what was not. Addington had of Valerie Plame’s identity as a clandestine ‘‘This is none of your business!’’ Addington cleared him for the post—‘‘the biggest pres- CIA officer, a move that would bring no end exploded. ence in the room,’’ Goldsmith said, during a of grief for Cheney. He was massive in his swivel chair, taut job interview ostensibly run by Gonzales. In late January, Goldsmith and Addington and still, potential energy amping up the Goldsmith did not have the looks of a guy cut a deal. Comey would get his read-in. menace. Addington’s pugnacity was not an who posed a threat to the Bush administra- Goldsmith would get off the fence about the act. Nothing mattered more, as the vice tion’s alpha lawyer. A mild-mannered law program, giving his definitive answer by the president and his lawyer saw the world, than professor from the University of Chicago, he March 11 deadline.

VerDate Aug 31 2005 02:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.007 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8917 ‘‘You’re the head of the Office of Legal officials said in interviews that Ashcroft Comey held his ground. The program had Counsel, and if you say we cannot do this gave his full backing. He was not going to to operate within the law. The Justice De- thing legally, we’ll shut it off,’’ Addington sign the next presidential order—due in one partment knew a lot more now than it had told him. week, March 11—unless the White House before, and Ashcroft and Comey had reached Feel free to tell the president that his agreed to a list of required changes. this decision together. ‘‘I will accept for purposes of discussion most important intelligence operation has to * * * * * stop. that it is as valuable as you say it is,’’ A few hours later, Ashcroft was reviewing Your call, Jack. Comey said. ‘‘That only makes this more notes for a news conference in Alexandria Goldsmith wanted to fix the thing, not painful. It doesn’t change the analysis. If I when his color changed and he sat down stop it. He and Philbin traveled again and can’t find a lawful basis for something, your heavily. An aide, Mark Corallo, ducked out again to Fort Meade, each time delving deep- telling me you really, really need to do it and returned to find the attorney general er. They were in and out of Gonzales’s office, doesn’t help me.’’ laid out on his back. By nightfall, Ashcroft looking for adjustments in the program that ‘‘Others see it differently,’’ Cheney said. was taken to George Washington University would bring it into compliance with the law. There was only one of those, really. John Medical Center in severe pain, suffering The issues were complex and remain classi- Yoo had been out of the picture for nearly a acute gallstone pancreatitis. Comey became fied. Addington bent on nothing, swatting year. It was all Addington. acting attorney general on Friday. back every idea. Gonzales listened placidly, ‘‘The analysis is flawed, in fact facially The next day—Saturday, March 6, five sipping Diet Cokes from his little refrig- flawed,’’ Comey said. ‘‘No lawyer reading days before the March 11 deadline—Gold- erator, encouraging the antagonists to keep that could reasonably rely on it.’’ smith brought the Justice Department ver- things civil. Gonzales said nothing. Addington stood by dict to the White House. He told Gonzales There would be no easy out, no middle the window, over Cheney’s shoulder. He had and Addington for the first time that Justice ground. Addington made clear that he did heard a bellyful. would not certify the program. not believe for a moment that Justice would ‘‘Well, I’m a lawyer and I did,’’ Addington A long silence fell. It lasted three full days. pull the plug. said, glaring at Comey. Gonzales phoned Goldsmith at home before ‘‘No good lawyer,’’ Comey said. * * * * * sunrise on Tuesday, March 9, with two days In for a dime, in for a dollar. Mike Hayden and Vito Potenza drove down left before the program expired. Obviously Addington started disputing the particu- from NSA headquarters after lunch on Feb. there was bad chemistry with Addington. lars. Now he was on Jack Goldsmith’s turf. 19, 2004, to give Jim Comey his first briefing Why not come in and talk, he asked, just the From across the room the head of the Office on the program. In the Justice Department’s two of us? of Legal Counsel jumped in. And right there vault-like SCIF, a sensitive compartmented Goldsmith arrived at the White House in in front of the big guys, the two of them information facility, Hayden got Comey’s at- morning twilight. Alone in his office, bickered in the snarly tones of a couple who tention fast. Gonzales begged the OLC chief to reconsider. knew all of each other’s lines. ‘‘I’m so glad you’re getting read in, be- Gonzales tried to dispute Goldsmith’s anal- * * * * * cause now I won’t be alone at the table when ysis, but he was in over his head. At least let As the sun went down on Tuesday, March John Kerry is elected president,’’ the NSA us have more time, he said. Goldsmith said 9, the president of the United States had yet director said. he couldn’t do that. to learn that his Justice Department was The witness table, Hayden meant. Congres- The time had come for the vice president heading off the rails. A train wreck was com- sional hearing, investigation of some kind. to step in. Proxies were not getting the job ing, but Cheney wanted to handle it. Neither Nothing good. Kerry had the Democratic done. Cheney was going to have to take hold Card nor Gonzales was in the habit of telling nomination just about locked up and was of this thing himself. him no. leading Bush in national polls. Hardly any- Even now, after months of debate, Cheney ‘‘I don’t think it would be appropriate for one in the intelligence field believed the next did not enlist the president. Bush was across the president to be engaged in the to-and-fro administration would climb as far out on a the river in Arlington, commending the win- until it is, you know, penultimate,’’ Card legal limb as this one had. ners of the Malcolm Baldrige awards for said in a recent interview. ‘‘I guess the defi- ‘‘Hayden was all dog-and-pony, and this is quality improvement in private industry. nition of ‘penultimate’ could vary from four probably what happened to those poor folks Campaign season had come already, and the steps to three steps to two steps to one step. in Congress, too,’’ Comey told his chief of president was doing a lot of that kind of That’s why you have White House counsel staff after the briefing. ‘‘You think for a sec- thing. That week he had a fundraiser in Dal- and people who do the legal work.’’ ond, ‘Wow, that’s great,’ and then if you try las, a ‘‘Bush-Cheney 2004 event’’ in Santa Participants in the afternoon meeting, in- actually to explain it back to yourself, you Clara, Calif., and a meet-and-greet at a rodeo cluding some of Cheney’s recruits, left the don’t get it. You scratch your head afterward in Houston. room shaken. Mueller worked for the attor- and you think, ‘What the hell did that guy Soon after hearing what had happened be- ney general, and the FBI’s central mission just tell me?’ ’’ tween Goldsmith and Gonzales, the vice was to ‘‘uphold and enforce the criminal laws The NSA chief insisted on limiting surveil- president asked Andy Card to set up a meet- of the United States.’’ Hayden’s neck, and lance to e-mails, phone calls and faxes in ing at noon with Mike Hayden, FBI Director his agency, were on the line. The NSA direc- which one party was overseas, deflecting ar- Robert S. Mueller III, and John McLaughlin tor believed in the program, believed he was guments from Cheney and Addington that he from the CIA (substituting for his boss, doing the right thing. But keep on going could just as well collect communications George J. Tenet). Cheney spoke to them in when the Justice Department said no? inside the United States. Card’s office, the door closed. Early the next morning—Wednesday, That was one reason Hayden hated when Four hours later, at 4 p.m., the same cast March 10, with 24 hours to deadline—Hayden reporters referred to ‘‘domestic surveil- reconvened. This time the Justice contin- was back in the White House. One colleague lance.’’ He made his point with a folksy anal- gent was invited. Comey, Goldsmith and saw him conferring in worried whispers with ogy: He had taken ‘‘literally hundreds of do- Philbin found the titans of the intelligence Homeland Security adviser John A. Gordon, mestic flights,’’ he said, and never ‘‘landed in establishment lined up, a bunch of grave- a mentor and fellow Air Force general, much Waziristan.’’ That sounded good. But the sur- faced analysts behind them for added mass. the senior of the two. They huddled in the veillance statutes said a warrant was re- The spy chiefs brought no lawyers. The law West Wing lobby, Hayden on a love seat and quired if either end of the conversation was was not the point. This meeting, described Gordon in a chair. in U.S. territory. The American side of the by officials with access to two sets of con- Jim Comey was in the White House that program—the domestic surveillance—was its temporaneous notes, was about telling Jus- morning, too, arriving early for the presi- distinguishing feature. tice to set its qualms aside. dent’s regular 8:30 terrorism brief. He had By the end of February, Goldsmith and The staging had been arranged for max- heard nothing since the discouraging meet- Philbin had reached their conclusion: Parts imum impact. Cheney sat at the head of ing the day before. of the surveillance operation had no support Card’s rectangular table, pivoting left to Comey found Frances Fragos Townsend, an in law. Comey was so disturbed that he drove face the acting attorney general. The two old friend, waiting just outside the Oval Of- to Langley one evening to compare notes men were close enough to touch. Card sat fice, standing by the appointment sec- with Scott W. Muller, the general counsel at grimly at Cheney’s right, directly across retary’s desk. She was Bush’s deputy na- the CIA. Muller ‘‘got it immediately,’’ agree- from Comey. There was plenty of eye contact tional security adviser for combating ter- ing with the Goldsmith-Philbin analysis, all around. rorism. Comey had known her since their Comey said. This program, Cheney said, was vital. days as New York mob prosecutors in the ‘‘At the end of the day, I concluded some- Turning it off would leave us blind. Hayden, 1980s. Since then, Townsend had run the Jus- thing I didn’t ever think I would conclude, the NSA chief, pitched in: Even if the pro- tice Department’s intelligence office. She and that is that Pat Philbin and Jack Gold- gram had yet to produce blockbuster results, lived and breathed surveillance law. smith understood this activity much better it was the only real hope of discovering Comey took a chance. He pulled her back than Michael Hayden did,’’ he said. sleeper agents before they could act. out to the hallway between the Roosevelt On Thursday, March 4, Comey brought the ‘‘How can you possibly be reversing course Room and the Cabinet Room. findings to Ashcroft, conferring for an hour on something of this importance after all ‘‘If I say a word, would you tell me whether one-on-one. Three senior Justice Department this time?’’ Cheney asked. you recognize it?’’ he asked quietly.

VerDate Aug 31 2005 00:43 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.010 S17SEPT1 smartinez on PROD1PC64 with SENATE S8918 CONGRESSIONAL RECORD — SENATE September 17, 2008 He did. She didn’t. The program’s classified Roger Williams, whose statue stands It should encourage the type of civic- code name left her blank. Comey tried to just outside this Chamber, founded mindedness displayed by the actions of talk around the subject. what would become the State of Rhode community-based organizations and ‘‘I think this is something I am not a part of,’’ Townsend said. ‘‘I can’t have this con- Island in 1636 after he was exiled from private citizens who rushed to aid vic- versation.’’ Like John Gordon and deputy the Massachusetts Bay Colony. A theo- tims of Hurricane Katrina and the Sep- national security adviser Steven J. Hadley logian, he founded Providence Planta- tember 11 terrorist attacks. The long- and Homeland Security Secretary Tom tion on the principles of separation of term health of our democracy and Ridge, she was out of the loop. church and state and religious freedom. America’s standing in the world depend Oh, God, Comey remembers thinking. One hundred fifty-one years later, on our own understanding of our past. They’ve held this so tight. Even Fran Town- the Framers enshrined these same In the reauthorization of the No send. The president’s counterterrorism ad- viser is not read in? Comey towered over his principles in the Bill of Rights. Wil- Child Left Behind Act next year, we diminutive friend. He chose his words care- liams and the Framers recognized that can strengthen our commitment to his- fully. religious freedom is a natural right tory and civics education, and encour- ‘‘I need to know,’’ he said, ‘‘whether your that had to be afforded to all people. age them to be integrated into all sub- boss recognizes that word, and whether she’s Indeed, this freedom is one of the defin- ject areas, extracurricular activities, read in on a particular program. Because we ing freedoms of our democracy. and service-based learning. had a meeting here yesterday on that topic I would again like to thank Senator that I would have expected her to be at.’’ Our Nation’s Founders understood He meant national security adviser BYRD for his dedication to honoring that education was critical to the Condoleezza Rice. Comey was hoping for an our Constitution and the achievements strength of our democracy. As James ally, or maybe rescue. of our Founding Fathers. His devotion Madison said to Thomas Jefferson after ‘‘I felt very alone, with some justifica- to this document enriches our under- the Constitution was written, ‘‘Edu- tion,’’ Comey recalled. ‘‘The attorney gen- standing of its importance and reminds cate and inform the whole mass of the eral is in intensive care. There’s a train com- us of its essential role in our democ- ing down the tracks that’s about to run me people . . . They are the only sure reli- and my career and the Department of Jus- racy. He has taken up the call to pro- ance for the preservation of our lib- tice over. I was exploring every way to get tect and defend the Constitution by en- erty.’’ off the tracks I could.’’ suring that its central place in Amer- As we commemorate the anniversary Townsend had a pretty good guess about ican history is not forgotten. I join him of the ratification of the Constitution, what was on Comey’s mind. Cheney had kept in asking all Americans to honor our those words are especially timely, be- her out of the loop, but it was hard to hide great national charter today and every cause they remind us that their work a warrantless domestic surveillance program day. completely from the president’s chief ter- alone cannot sustain American democ- (At the request of Mr. REID, the fol- rorism adviser. racy. Our democracy depends heavily ‘‘I’m not the right person to talk to,’’ she lowing statement was ordered to be on enlightened and engaged citizens, told her friend, her voice close to a whisper. printed in the RECORD.) and high-quality civic education is the Comey ought to go see Rice. ∑ Mr. KENNEDY. Mr. President, today best way to ensure that its funda- ‘‘I’m going to tell her you’ve got con- we celebrate Constitution Day, the mental principles will continue to cerns,’’ Townsend said. 221st birthday of the founding docu- guide America for the next 221 years, Comey’s concerns no longer interested ment of our country. Now, more than Cheney. The vice president had tried to back as we and future generations do our him down. That didn’t work. ever, it is time to reaffirm our commit- best ‘‘to form a more perfect Union, es- Only one day remained before the surveil- ment to defending the liberties guaran- tablish Justice, insure domestic Tran- lance program expired. Time for Cheney to teed by the Constitution, and to recog- quility, provide for the common take the fight somewhere else. nize that strengthening civic education defence, promote the general Welfare, Mr. REED. Mr. President, today we is an important part of this commit- and secure the Blessings of Liberty to celebrate the 221st anniversary of the ment. ‘‘Democracy must be reborn in ourselves and our Posterity.’’ May it signing of the Constitution of the every generation, and education is its always be so.∑ United States, the longest-living writ- midwife,’’ wrote John Dewey. In fact, Mr. SANDERS. I suggest the absence ten constitution in history and the civic education was the original mis- of a quorum. very foundation of our democracy. I sion of American public education. The PRESIDING OFFICER. The thank Senator BYRD for his tireless Sadly, students today know too little clerk will call the roll. commitment to the Constitution and about the civil liberties established in The legislative clerk proceeded to to ensuring its recognition every year the Constitution that define our Amer- call the roll. on Constitution Day, which he estab- ican way of life. On the most recent na- Mr. LEVIN. I ask unanimous consent lished in 2004. tional civics assessment in 2006, only 20 that the order for the quorum call be Our Constitution serves as a testa- percent of eighth grade students scored rescinded. ment to the brilliance of the Founding at or above the proficient level. Less The PRESIDING OFFICER (Mrs. Fathers, who sought to create a docu- than one-third could identify the pur- MCCASKILL). Without objection, it is so ment that would ensure that political pose of the Constitution. Less than a ordered. power was derived from the people and fifth of high school seniors could ex- f that their rights would never be in- plain how citizen participation fringed upon. The Framers worked dili- strengthens democracy. Gaps in under- CONTINUATION OF MORNING gently over the summer of 1787 to forge standing like these translate later in BUSINESS a document that has persisted for more life to reduced voter turnout, decreased Mr. LEVIN. Madam President, I ask than two centuries. The Framers right- civic engagement and community serv- unanimous consent that the Senate ly understood that it would take hard ice, and a weaker sense of national continue in a period of morning busi- work and compromise to establish a identity. ness with Members permitted to speak solid foundation for a new government As a result of legislation enacted in for up to 10 minutes each. that aspired to protect the liberty of 2005, more students across the country The PRESIDING OFFICER. Without all its people. A remarkably brief docu- are receiving instruction on the Con- objection, it is so ordered. ment, containing only seven articles, stitution, civics, and American history Mr. LEVIN. I suggest the absence of the Constitution limits the power of in their schools today. To become re- a quorum. the government, maximizes the free- sponsible citizens, students need to The PRESIDING OFFICER. The dom of the people, and provides for the know that the Constitution is not clerk will call the roll. common good. about the 39 men who signed it. It is a The assistant legislative clerk pro- Although my home State of Rhode vital document that shapes events ceeded to call the roll. Island did not send delegates to the today and in the future. Instilling an Mr. SESSIONS. Madam President, I Constitutional Convention in 1787, the understanding of the American ideals ask unanimous consent that the order effects of this small State on the for- of liberty, justice, equality, and civic for the quorum call be rescinded. mation of the Constitution are still felt responsibility should be a central task The PRESIDING OFFICER. Without today. in every school, every day. objection, it is so ordered.

VerDate Aug 31 2005 02:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.014 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8919 MISSILE DEFENSE public to base missile defense assets on sile defense sites. I am proud that our Mr. SESSIONS. Madam President, it their territory to protect our NATO al- committee did that. It was the right is easy for us to fall into the trap and lies and the United States against thing. It is important now that the ap- the habit of believing the United long-range ballistic missile threats is propriators recognize the critical im- States and our friends around the very important. The United States has portance of following through with world are immune from the aggressive been negotiating with the Czech Re- adequate funding for these sites. actions of hostile nations. Since the public and Poland since early 2007 to Events of the past month reinforce the has ended, I think we have base a missile-tracking radar and 10 decision by the Armed Services Com- come to think that conflicts between long-range interceptors—just 10, but mittee to recommend full funding. Not industrialized nations are an historic importantly 10—in those countries. I only does Iran persist in defying inter- relic. I believe one writer who has since am pleased to note that those agree- national calls to end its nuclear pro- admitted he was in error wrote a book ments were signed between the United gram, Iran continues to test space called ‘‘The End of History.’’ But we States and the Government of the launch vehicles and ballistic missiles are not beyond history. We are not im- Czech Republic on July 8 of this year of increasing range, while also con- mune from the threats that have ap- and with the Government of Poland on ducting military exercises in the gulf parently always been out there in the August 20 of this year. Ratification of with operational ballistic missiles. world. And I wish it were not so, but I these agreements by the allied par- We should not take lightly the coura- am afraid it is. I believe the world liaments in those counties is expected geous action taken by the Govern- clearly remains a dangerous and unpre- this fall. These deployments are in- ments of the Czech Republic and Po- dictable place. Significant and serious tended to provide protection for the land to agree to establish a missile de- threats exist. North Korea and Iran, for United States and most of Europe fense site on their territory, for by sup- example, seek nuclear capabilities de- against long-range ballistic missiles porting the defense of NATO in this spite all kinds of efforts by the rest of such as those that might be launched manner, and the defense of the United the world to convince them to the con- by Iran. States, these countries have earned the trary. They continue to invest heavily The strategic objective of extending ire of their big neighbor on the east, in the development of long-range mis- missile defense protection to our allies Russia. In an effort to exert pressure on our siles that could cause us great harm. is to enhance the ability of the alliance allies to not do this, in February of Russia’s recent actions in Georgia re- to more effectively deter aggression 2008 Prime Minister Putin of Russia mind us that country, which we once and counter the growing threat posed stated that: hoped was on a path to greater integra- by Iran. These deployments would send tion into the global world community, a strong message to our allies and ad- If it is deployed, we will have to react ap- propriately. In that case, we will probably be might again be seeking to restore old versaries alike that the NATO alliance will not be intimidated or blackmailed forced to target some of our missiles at the Soviet ideas of dominance throughout objects threatening us. their neighbors and in Eastern Europe, by any missile threat. You have leaders of Europe, NATO, Let’s take a moment to analyze that all of which should serve as a motiva- language. What threat is it to Russia, tion to move ahead with the necessary and the United States, and if some country threatens that they will let me ask, that an independent, sov- capabilities to defend ourselves and our ereign nation would agree to have a de- allies from missile attack, in par- launch a missile, and we have only 1 or 2—OK, maybe 10—but if we have the fensive missile system deployed on ticular. If a government, by way of the their territory—not a hostile missile skills, knowledge, and technical ability to knock those down, that al- ters the strategic threat capability sig- system, not a nuclear weapon missile achievements of its citizens, has the system, a missile system designed to ability to protect itself from a known nificantly and allows the President of the United States or any European na- protect their own country and other threat, does it not have a moral obliga- countries from a potential threat? tion to do so? tion to say: We are prepared to defeat your missile attack. We will not be What possible threat is that to Russia? I remember once former Secretary of Zero. Of course, we know Russia has State Henry Kissinger saying: blackmailed. We will not alter our poli- cies that we believe are in our national hundreds and hundreds of nuclear- I never heard of a nation whose policy it is interests as a result of such threats. armed missiles. The 10 silos and mis- to keep itself vulnerable to attack. So the planned deployments in Po- siles we would propose to place in Po- Why would we want to allow our- land and the Czech Republic are sup- land would have no ability whatsoever selves to remain vulnerable to a poten- ported by the NATO alliance. Some of to resist a massive Russian attack, God tial missile attack from North Korea our Members have wanted that. They forbid they would ever launch. or Iran? Well, we do not. We have been have said that they would feel better So I would suggest something more is working for some time now to develop about going forward if the alliance at stake here, and I think it is some- a defense system to block any such itself spoke on this, and so we have ob- thing that the Poles and the Czechs missile attack. Although it is highly tained that now. The system to be de- and the Georgians and the Ukrainians technical and complex, we have made ployed will be fully integrated into and the Estonians and the Latvians tremendous progress, and we now know NATO’s ongoing plans to provide de- and the Lithuanians understand full we have a system that fundamentally fense against shorter range ballistic well, and that is that Putin desires to works and we are continuing to ad- missile threats. reestablish hegemony over the former vance it every year. The April 3, 2008, NATO Bucharest Soviet satellites. They think they have We cannot do this alone, however. We Summit Declaration notes: a right to tell Poland whether to un- have our friends in Europe. We asked Ballistic missile proliferation poses an in- dertake a military partnership with them for assistance in developing a creasing threat to allies’ forces, territories the United States. They have no right third site there. In fact, perhaps one of and populations. whatsoever to do so. Poland is glad to the threats we face would be from a They went on to say: be rid of them. They are glad to be out missile launch from Iran. The Iranians We therefore recognize the substantial con- from under the Soviet boot. They have are continually working on advanced tribution to the protection of allies from no intention whatsoever of allowing missiles. I believe they are also openly long-range ballistic missile to be provided by themselves to fall back under their moving forward to develop nuclear ca- the planned deployment of European-based dominance. They have values that are pabilities. If they were to launch such U.S. missile defense assets. close to our values. They want to be an attack against the United States, it In May, the Senate Armed Services part of our heritage and the Western would pass over Europe. So Europe Committee, of which I am a member heritage. would be an important site for us in and its bill is on the floor today, re- Just days after the Czech Republic protecting the United States. ported out of the committee, I am signed the radar basing agreement with Indeed, the importance of recent de- proud to say, a bill which authorizes the United States, Russia reduced its cisions, therefore, taken by the Gov- fully the administration’s $712 million oil shipments to the Czech Republic ernments of Poland and the Czech Re- request for the Polish and Czech mis- without providing any explanation.

VerDate Aug 31 2005 00:43 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.045 S17SEPT1 smartinez on PROD1PC64 with SENATE S8920 CONGRESSIONAL RECORD — SENATE September 17, 2008

Boom. The oil shipments have since would have liked to have had time to and 21⁄2 million have been forced from been restored, but threats continue. add. Senator SESSIONS talked about the their homes at the hands of violent mi- Despite increasingly bellicose threats successes we have had in the Czech Re- litias called the jingaweit who have by Russia to cut off energy supplies public and in Poland. It is absolutely been encouraged and supported by the and to target Poland and the Czech Re- necessary. This is a life-threatening Khartoum Government, President public with military means, these al- situation. I believe we are in pretty Bashir. One of the things that is inter- lied Governments have maintained good shape there. I had several pro- esting about this is, we recall the trag- their freedom, their independence, grams that are going to be included in ic genocide that took place in the mid- their sovereignty, and their courage, this bill expanding the training and dle 1990s in Rwanda. People are now and have stood fast with the United equipment. Sections 1206, 1207, and 1208 aware of that and wondering why we Sates and NATO. So the very least this are significant. Those are things we couldn’t have done something about it Senate could do would be to recognize can do in the field in these countries earlier to prevent it. They have now the importance of these decisions, to where we are in a position to train and killed about a third the number of peo- express our full and strong support for equip these people, which is certainly ple of the genocide that took place in what these nations have done on behalf to our advantage. Expanding what used Rwanda, and President Kagame is of themselves and the Atlantic alliance to be called the CERP, the Com- doing such a great job there. But where and affirm that with the support of leg- manders Emergency Response Pro- were we when we could have helped islation that would move forward with gram—they changed the name. I can President Kagame and prevented the the third site. never keep up with these things. But genocide from taking place? In closing, I would share with my col- instead of having it only apply to Iraq It is now up to a third that many in leagues the words of Mirek Topolanek, and Afghanistan, it now applies to Darfur. So we can do something and do the Czech Prime Minister. The Czech other areas also. It gives the com- something now to avoid it. Last week Republic and Poland are such wonder- manders in the field a chance to re- we received news that Sudan’s central ful countries. They are so proud to be spond immediately rather than go government is launching land and air free and independent. They are some of through all the bureaucratic redtape of attacks in Darfur, with many dead and our best allies in the world. correcting problems back in Wash- injured. Last month, in August, the Su- The Prime Minister placed this issue ington. danese military and police opened fire in the proper context, when he stated: With the IMET program, which is a on Darfur refugee camps, killing 31 The moral challenge is clear and simple. If program whereby we bring in officers people and injuring a lot of others. The we are not willing to accept, in the interest and train them in our facilities in the United Nations/African Union hybrid of the defense of the Euro-Atlantic area, United States, it used to be that until peacekeeping force assessed the inci- such a trifle as the elements of a missile de- they signed an article, we would not dent and concluded that Sudan used an fense system, then how shall we be able to allow them to be trained in the United excessive, disproportionate use of le- face more difficult challenges that may States. The assumption was that some- thal force. For the United Nations to come? how we were doing them a favor by come up with that, it has to be bad. Isn’t that a great statement? That is training them. The reverse is true. They also concluded that the refugees the right context. They want to come to the United were only carrying sticks and knives I hope this part of the bill will re- States to train because they know we and spears while the Sudanese forces main intact. I am confident it will. I have the best training. If we refuse to were armed with guns. Khartoum in- hope our appropriators will find the do it, countries such as China will wel- sisted that they were searching the money necessary to move forward rap- come them with open arms. One of the camp for drugs and weapons. idly to complete the development of interesting things is, once officers are In July, The Hague, the Inter- these systems. Indeed, our NATO allies trained in this country, they develop national Criminal Court, began the and the United States are certain to an allegiance that stays. process of indicting President Bashir face more difficult challenges in the A lot of these things are in the bill on 10 charges, including three counts of days ahead, as Iran and other nations that are good. I am delighted, because genocide, five crimes against human- continue to develop weapons of mass I understand we will be voting on it ity, two of murder, and masterminding destruction and the ballistic missile very soon. the campaign to annihilate the tribes capability to deliver them. As the cri- f in Darfur. A senior U.S. official said re- sis in the Caucasus suggests, there may cently that he expects the ICC, the be even greater challenges ahead. By AFRICA International Criminal Court, to issue supporting the European missile de- Mr. INHOFE. Madam President, the an arrest warrant in the next month— fense initiative, we extend missile de- main reason I wanted to come to the long overdue, I might add. Bashir, who fense capabilities to our allies while floor today is another resolution we no doubt is beginning to feel the polit- bolstering the defense of the United hope we will be able to get passed be- ical ground shifting beneath him, con- States homeland. In so doing, we fore we leave having to do with Darfur. tinues to resort to more intimidation strengthen our partnership and our col- I have had the habit of bringing atten- and violence. One major factor in the lective security. We send a strong mes- tion to situations and conflicts in ongoing violence in Darfur can be sage to potential adversaries that this places around the world that get little traced to the continued violations of alliance will take such actions as nec- attention. However, in the case of the U.N. arms embargo on Sudan. essary to ensure its security against Darfur, it has had all the attention. China is Khartoum’s major source of threats that may occur. When people ask, what are the prob- weapons used in Darfur. China has em- I yield the floor. lems with Africa, they always talk barked on a new form of colonialism in The PRESIDING OFFICER. The Sen- about Darfur. So while they have re- Africa, grabbing as many natural re- ator from Oklahoma. ceived all of the attention, there hasn’t sources as it possibly can while dis- Mr. INHOFE. Madam President, I ask been any kind of action that has fol- regarding the effect on the people. I unanimous consent to speak in morn- lowed. It is distressing that the situa- wish more Members were familiar with ing business for whatever time I may tion in Darfur has received so much Africa and the history of Africa. There consume. press and generated so much attention, are so many books written about that, The PRESIDING OFFICER. Without with documentaries and advocacy cam- one of them addressing the Belgium objection, it is so ordered. paigns and waves of public support, but situation there in the early years. Mr. INHOFE. Madam President, it has not spurred the international They came in, raped the country, took allow me to echo strong agreement community to more action. all the natural resources, and left the with my colleague from Alabama. We We have been saddened and horrified people there to die. We should be aware both serve on the Armed Services Com- at the pictures we have seen and the that that is exactly what China is mittee. It is our hope and belief that stories we have heard about the geno- doing right now. we will be able to get a bill tonight. cide in Darfur that has unfolded since Beijing has declared 2006 the year of There are a lot of amendments that we 2003. At least 300,000 people have died, Africa. It shows no signs of slowing

VerDate Aug 31 2005 00:43 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.045 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8921 down in spreading its influence to cause their currency has no value. So to this day killing and mutilating lit- claim resources. Currently, China’s na- the only ones eating in Zimbabwe, the tle kids. tional petroleum company is pumping area that used to be the breadbasket of I guess I am a little sensitive to that. roughly 500,000 barrels a day from wells all of Africa, are the ones who are sub- We had a great experience in my fam- in southern Sudan. Keep in mind, sistence farmers, able to grow what ily. We found a little girl in Ethiopia China is our biggest competitor for oil they and their families can eat. when she was 3 days old, and her health and gas around the world. Obviously, In 2005, I gave a series of speeches de- was not very good. As we might expect we are dependent upon foreign coun- tailing why I believe China to be a in Addis Ababa, in Ethiopia, there is a tries, many of them not too friendly to threat to our national security. From great need for nurseries and health us, for our ability to even fight a war. what we have talked about today, we care for kids, but the health care just That is another issue and one we will know China is also a threat to other isn’t there. address. But China is right in the mid- countries’ national security. I chal- I remember looking at this little girl. dle of this one, making it more dif- lenge my African friends to be wary of As the weeks went by and she started ficult for us. In order to assure contin- current and future Chinese involve- developing—escaping death time and ued access to the oil, China has pro- ment in their countries. It seems that time again—she finally grew up and vided weapons to Khartoum and taken much of the power-sharing agreement she became a very attractive little girl. a very passive stance toward the gov- in Zimbabwe has been reached with I have said on this Senate floor several ernment’s brutal treatment of the peo- Mugabe remaining as President and op- times that my wife and I have been ple of Darfur. position leader Tsvangirai taking over married 49 years, and we have 20 kids Last year Amnesty International re- the day-to-day running of the Govern- and grandkids. Well, this little girl ported that both China and Russia had ment as Prime Minister. I hope it shown in this picture is one of them broken the arms embargo by supplying works out, but I am not optimistic now because my daughter Molly, who Sudan with attack helicopters, bomb- that it will. had nothing but boys, wanted to have a ers, and weapons. On July 12, the Brit- We have a problem there. We have a girl, so she adopted this little girl, ish Broadcasting Corporation reported country that had been the breadbasket Zegita Marie, and she has turned out to they had evidence that the Chinese of sub-Saharan Africa and is now un- be an outstanding little girl. Government provided training and able to provide anything. So there are these problems. One of equipment to Bashir’s government. In As to other threats in Africa, I have the problems with adopting in Africa is February, the report said that China been quite distressed for some time that culturally some countries do not was training pilots to fly Chinese Fan- that as we get the squeeze in the Mid- approve of adopting. They think the tan aircraft jets on missions from the dle East and al-Qaida and the various village should be able to take care of airfield in southern Darfur. This is a terrorist elements down through the the children who become orphans. The direct violation of the U.N. arms em- Horn of Africa, but we have finally problem with that is, with such things bargo which covers training, not just made a good decision in this country to that are taking place right now in the supply of weapons, equipment, and assist Africa in building five African Darfur, with such things that have military vehicles. The BBC also inves- brigades, located north, south, east, taken place in Rwanda, the villages tigated weapons that China sold to west, and central. This is going to be cannot absorb the killing and muti- Sudan in 2005 and found postembargoed necessary for them to take care of the lating of a million people in a short pe- trucks that carried antiaircraft guns. problems. As to other problems in Afri- riod of time. That is what has hap- This news, although not a surprise, ca, it has been 30 years now since west- pened in Rwanda. comes at a time when Khartoum is ern Sahara was kicked out of their So I am glad several Members of this using force against refugees with the homeland, and they have been out in body, including MARY LANDRIEU from very planes and weapons that China is the desolate areas now for more than 30 Louisiana, have been interested in supplying. years. It is shocking to me that we helping with the adoption of some of China is not the only problem there. don’t do anything to help them get re- these kids so that other children like Russia is actually a problem also. Rus- patriated and sent back to their proper my little granddaughter are not left sia is to blame for violating the arms areas. there to die in a country in sub-Sahara embargo. During the last couple of In northern Uganda, on several of my Africa but can find a loving family. weeks of attacks, Darfur rebels stated trips there, I have become familiar Anyway, right now, the subject is that the government used four heli- with what President Museveni has been Darfur. The subject is Darfur because copter gunships and two Russian-made trying to do for a long period. Frankly, what is going on there right now is Antonov airplanes. Russia’s continued President Museveni has been doing a kind of in the early stages of what we disregard for crimes perpetrated by the great job. He was a warrior before he witnessed taking place in Rwanda. Khartoum Government in Darfur and became President of Uganda. But the That genocide can be stopped, and it the selling of arms to carry out such problem in Uganda is every bit as bad can only be stopped by us along with violence against the people of Darfur is as it is in Darfur, and it is a problem anyone else in the international com- inexcusable and needs to be stopped everybody knows about, though it is munity who cares enough to save lives immediately. totally different. We have a guy up in sub-Sahara Africa. Certainly, the I hasten to say there are many other there named Joseph Kony, who heads southern part of Darfur is a crisis right problems I have come to the floor and the Lord’s Resistance Army. You have now that needs to be dealt with. talked about over the last 12 years in heard about the Children’s Army and So I would ask my colleagues to join Africa. Darfur is one that has cap- how he goes and trains these little Senator BILL NELSON of Florida and me tivated everyone’s attention. But I as- kids, these little boys who are 12 to 13 in asking for the adoption of a resolu- sure my colleagues, there are problems and 14 years old, how to use automatic tion that should take place today. It is in other areas. Right now, as we all weapons. They have to go back to their one that is going to establish a specific know, China is currently Zimbabwe’s villages and murder both their parents position for the United States of Amer- largest investor and President Mugabe and all of their family. If they do not ica. The resolution is S. Res. 660, which has destroyed the economy in do it, they mutilate them. They cut we have submitted this week. It con- Zimbabwe. We can all remember when their ears off. demns the ongoing sales of arms to bel- they were considered to be the bread- I have been up in the northen part of ligerents in Sudan and calls for both an basket of all of Africa. It is amazing Uganda and have been able to see it. end to such sales and an expansion of that Zimbabwe is able to buy military What have we been able to do about the U.N. embargo on arms sales to articles such as their recent purchase that? Very little. He is still loose. Just Sudan. from China that included $240 million recently they put him on the list of As Russia and China provide Khar- in fighter jets, in light of their dying global terrorists for the United States, toum with more weapons and mate- economy. When I say ‘‘dying econ- but that did not really resolve any- rials, they continue to fuel the conflict omy,’’ they don’t even talk anymore thing major. So we have that problem. and violence and drive a peaceful solu- about the value of their currency be- And we have Joseph Kony, who is still tion further away from reality.

VerDate Aug 31 2005 04:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.047 S17SEPT1 smartinez on PROD1PC64 with SENATE S8922 CONGRESSIONAL RECORD — SENATE September 17, 2008 Countries that want to do business in vided opportunity over the last century before our committee and said: We be- Africa, or anywhere for that matter, that has been almost unparalleled. Yet lieve high energy prices are the result must be held accountable for their be- we now face some very difficult times, of supply and demand, not excessive havior. One of the things I have ob- and it requires all of us to think to- speculation. served in Africa, no matter what coun- gether and work together to put to- Last evening, an e-mail was sent try you go into—if it is an oil-rich gether some plans to deal with this from J.P. Morgan by their global chief country—anything that is new and issue and this challenge. However, you investment officer and it says what we shiny, whether it is a bridge, whether cannot fix a problem you have not di- have been saying: There was an enor- it is a colosseum, a sports arena, it is agnosed. mous amount of speculation pent up in always built by China. So they have I wish to talk a little about what got energy markets. the inside track, and it is going to be us here and a bit about what I think we I am trying to understand—and this up to us to join together to stop that ought to do about it. Two things: a is not to focus just on this company— type of mutilation of the population in subprime mortgage scandal decimated J.P. Morgan. They testified they were countries such as northern Uganda and part of the foundation of this country’s an investment bank. We have had the Sudan. economy. I wish to talk about what it meetings with a lot of interest about So I urge the adoption of this resolu- means. It sounds like a foreign lan- this subject of excess speculation. I am tion today and hope it will become a guage: Subprime loan scandal. Then, at trying to understand whether we are reality so we have a new position for the same time this economy was weak- getting the straight story from people. the United States of America to save ening because of an unbelievable What was the straight story here, the subprime loan scandal, the price of oil little girls like this one in countries man they sent to testify or one of the was going up like a Roman candle, up that are involved in genocide. top folks in J.P. Morgan who sent an e- to $147 a barrel. It has come down some With that, I yield the floor and sug- mail to clients last evening? They di- now; back up I think $4 or $5 a barrel gest the absence of a quorum. rectly contradict each other. today. But that had a huge impact on The PRESIDING OFFICER (Mr. We have a whole lot of folks who are this economy as well. In some ways, TESTER). The clerk will call the roll. making a living these days saying: these problems have the same roots: The bill clerk proceeded to call the Well, the price of oil went to $147 a bar- Unbridled speculation, regulators who roll. rel because of supply and demand, and didn’t regulate, those who were sup- The PRESIDING OFFICER. The Sen- I say to them: It doubled in a year. posed to regulate were willing to be From July to July, the price of oil dou- ator from North Dakota is recognized. willfully blind. Mr. DORGAN. Mr. President, I ask Let me talk about these things for a bled. I defy anyone to tell me what unanimous consent that the order for moment. Let me talk first about the happened to supply and demand in that the quorum call be rescinded. situation with the price of oil. I held a year that justified the doubling of the The PRESIDING OFFICER. Without hearing yesterday for almost 3 hours price of oil. There isn’t anyone in this objection, it is so ordered. on the subject of speculation that I be- Chamber and there is no one who has Mr. DORGAN. I ask unanimous con- lieve drove the price of oil to $147 a testified before my committees who sent to speak as in morning business barrel. At a time when our economy can make that case. Why? Because the for 20 minutes. was reeling from the subprime scandal, case is not valid. It isn’t valid. The PRESIDING OFFICER. Without running oil up to $147 a barrel was a I have sent a letter to Mr. Jamie objection, it is so ordered. huge burden and had a huge impact in Dimon, the chief executive officer of f weakening this economy. I am some- J.P. Morgan, asking him to reconcile this. The company was willing to tes- THE ECONOMY body who believes it was speculation that drove this up, right under the nose tify and they were one of the witnesses Mr. DORGAN. Mr. President, today of regulators who didn’t care about yesterday. I invited witnesses who had the stock market is down over 400 regulating. made the case that speculation was a points. Yesterday it was pretty mixed. Let me tell my colleagues what hap- significant part of this problem, of the The day before it was down over 500 pened yesterday. We have had all kinds runup of oil; others had invited those points. It is pretty clear that, judging of testimony about this. One of the who believed that speculation was not. by what is happening on Wall Street witnesses who was at the Energy Com- This testimony from J.P. Morgan was and judging what is happening to the mittee yesterday was from J.P. Mor- part of testimony invited by those who economy—the news this morning on gan, a venerable investment bank in believe there is not a speculative com- the front page of the paper: Loan guar- this country, and Lawrence Eagles de- ponent. But we have a right as a com- antee offered to one of the largest in- livered testimony yesterday from J.P. mittee, it seems to me, to understand surance companies of America; the Morgan. He is the head of commodity how does this happen. The company bankruptcy of an institution, Lehman research, and here is what Mr. Eagles sends a representative to tell us there Brothers, which has been around since said: is no speculation and then sends an e- the late 1800s; it survived the Civil War We believe that high energy prices are fun- mail to clients the same day and says and the Great Depression—all these to- damentally the result of supply and demand. speculation is a significant part. gether demonstrate a very serious We fundamentally believe that high energy The reason I mention this is oil is a problem for this country’s economy. prices are a result of supply and demand, not part of what is happening in this coun- This economy is in some peril, and I excessive speculation. try today with our economy. The runup think we should not underestimate the This from a man from the J.P. Mor- in the price of oil significantly weak- difficulties that face it. gan company, the global head of com- ened this economy. I am expecting a Our Treasury Secretary and the head modity research. But an e-mail we ob- response from J.P. Morgan to try to of the Federal Reserve Board are tak- tained today that was sent late last tell me why the contradiction. Who is ing midnight action, working 24 hours evening to the clients of J.P. Morgan talking straight here? When do we get a day, apparently, convening meetings by a Michael Zimbalist, who is the straight answers? If we are going to fix here and there, but they share some- global chief investment officer for J.P. what is wrong, we have to know what thing in common with us. None of us Morgan—the same company—said happened and what caused it. have ever been here before. No one this—what we have been saying: Now, I mentioned the subprime loan quite understands where we are and There was an enormous amount of specula- scandal. The subprime loan scandal. I what we do to deal with this very seri- tion pent up in energy markets; example, an described what I thought was going to eight-fold increase in bank OTC oil deriva- ous economic challenge to our country. tives exposure in the last three years and it happen 9 years ago on the floor of the This is a great country. It is the only wasn’t just the supply-demand equation. Oil Senate. We had a bill that came to us country like it on this planet. It has a will rise again and we need solutions to en- from Senator Gramm called Gramm- very strong economy and has had for a ergy supplies, but $140 in July 2008 was ridic- Leach-Bliley. Senator Gramm spent a long while. It has lifted a lot of people ulous. career here trying to get rid of all reg- out of poverty and dramatically ex- Let me say that again. An executive ulation: Deregulate. Deregulate, he panded the middle class. It has pro- with J.P. Morgan testified yesterday claimed. Financial modernization, he

VerDate Aug 31 2005 02:59 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.048 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8923 called it. The Financial Modernization your securities, buy your insurance, across the country by the shysters try- Act. That was a fancy way of saying: buy your real estate, and then make a ing to place bad mortgages out there Let’s take apart the protections that deposit, if you will, and maybe get a that people could not make payments existed after the banks failed in the check book if you want to still write on, and then they run the paper up 1930s and the Great Depression, let’s some checks if you don’t want to do it through securities, hedge funds, and in- take apart the protections we put in electronically; just one-stop shopping vestment banks, run them all over the place to make sure it didn’t happen at all of your financial institutions and world. Then it goes sour and people again. We put in place the Glass- there will be no problem. cannot make payments, and you have Steagall Act that said you have to Guess what happened. In 2001, we had all these bad loans out there and things keep separate banks and real estate regulators come to town, hired by a collapse. It is called the subprime loan and securities. Why? Because real es- new President, who said: You know scandal, and here is the origin: compa- tate and securities can be very specula- what. It is a new day. Regulation is a nies that said: If you have bad credit or tive, and banks need to stay away from four-letter word and we think four-let- you cannot make your payments, come speculation. It needs to not only be ter words are dirty and we don’t intend to us, we will give you a loan. safe and sound, it needs people to think to regulate. Yes, we are going to get So you start with the first baby step they are safe and sound. paid. We are going to run these regu- of bad business practices—because ev- So what was put in place in the latory agencies, but we don’t intend to erybody was making money. The folks 1930s—the Glass-Steagall Act and other do anything. We intend to take an 8- who were selling the loans, cold-calling provisions to separate inherently risky year sleep, and they did. They dozed off people, were making big bonuses; and enterprises from banking—worked for a immediately and they have not yet the mortgage banks, such as Zoom and long time. Then to the floor of the Sen- awakened. Countrywide—the biggest—were mak- ate comes the Financial Modernization We had a regulator at one of the very ing lots of money slicing these mort- Act in 1999. I voted against it. Let me important agencies say: In fact, there gages, the subprime mortgages, up into read what I said on the floor on May 6, is a new sheriff in town and this is a securities, securitizing them all. 1999, on the floor of the Senate: new business-friendly environment. We By the way, they also said this: If now see what that means. Willful This bill will also, in my judgment, raise you have bad credit and cannot make the likelihood of future massive taxpayer blindness by people we paid to regu- your payments and have been bank- bailouts. It will fuel the consolidation and late, who came to town hostile to the rupt, you know something, we also mergers in the banking and financial indus- basic notion of regulation. have no-doc loans. That means you try at the expense of customers, farm busi- Now, they saw what I saw. I have a don’t ever have to document your in- nesses, family farmers, and others. In tiny little television set, and so in the come. They said: We will give you a some instances I think it inappropri- morning when I shave and brush my loan, and you don’t have to make the ately limits the ability of the banking teeth, I have that television set on and first 12 months of payments—we will and thrift regulators from monitoring I hear the advertisements on tele- make them for you—and you don’t activities between such institutions vision. Countrywide, the biggest mort- have to document your income. You and their insurance or securities sub- gage bank in America, here is what could do that if you have been bank- sidiaries, raising significant safety and they said: rupt and have been unable to pay your soundness consumer protection con- Do you have less than perfect credit? Do bills. Isn’t that unbelievable? Guess cerns. you have late mortgage payments? Have you what. They were all over the country been denied by other lenders? Call us. Let me say that again: This bill will like hogs in a corn crib snorting and also, in my judgment, raise the likeli- What they were saying, essentially, making money, hauling it to the bank, hood of future massive taxpayer bail- is: Hey, are you a bad risk? Give us a saying: We are making big money by outs. call if you want a mortgage. Do you putting out bad paper. No, I am not a soothsayer. I didn’t need a loan? This is the biggest mort- Then what happens? All of a sudden, have a crystal ball. But I knew if you gage bank in the country saying: If you these mortgages, which in most cases don’t have good regulation and you are can’t pay your bills, for gosh sakes, had a 3-year reset of interest rates and going to create the homogenization of call us. We want to give you a loan. were offered with teaser rates—some- It wasn’t just Countrywide. Here is a big financial industries and put bank- times 1 percent or 1.25 percent—these company called Millennium Mortgage ing and everything together, even if mortgages, 3 years later, had the inter- and here is what they said. This was se- you claim you are going to build fire- est rates reset, and they were now pay- ductive. They said: Twelve months, no walls, I knew exactly what was going ing 10 percent. And then deep in the mortgage payment. That is right. We to happen. mortgage was the provision of a pre- will give you the money to make your On November 4, 1999, on the con- payment penalty so that you could not first 12 payments if you call in 7 days. ference report—I was one of eight Sen- prepay the mortgage even though you We pay it for you. Our loan program ators to vote against it—I said: were now stuck at 10 percent and could may reduce your current monthly pay- not pay the bill. These companies and Fusing together the idea of banking— ment by as much as 50 percent and which requires not just the safety and sound- the brokers said that it didn’t matter; ness to be successful but the perception of allow you no payments for the first 12 just line this up, and between now and safety and soundness—with other inherently months. That is a pretty good deal. We 3 years, you can flip the property; the risky speculative activities is, in my judg- will make your first 12 months pay- housing bubble is going up and you are ment, unwise. ments. Of course, they will put that on going to make money anyway. And Then I said: the back of the loan and it will incur then the whole thing collapses. We will, in 10 years’ time, look back and interest and you will end up paying a So hedge funds are making money say we should not have done that because we lot more. hand over fist, and investment banks forgot the lessons of the past. This is Zoom Credit. You all saw are buying securities that are loaded, Those are my statements from 1999. these advertisements: like sausage packed with sawdust, with It is now 9 years later, not 10. What we Credit approval is just seconds away. Get good mortgages and bad mortgages, see are massive bailouts, massive tax- on the fast track at Zoom Credit. At the and things go sour, and all of a sudden, speed of light, Zoom Credit will preapprove payer bailouts, and the lessons we ap- you for a car loan, a home loan, or a credit in these big, homogenized financial in- parently forgot. I voted against all of card. stitutions, you have massive that. The fact is they sold it. They sold It says: timebombs exploding inside their bal- it like medicine from the back of a If your credit is in the tank, Zoom Credit ance sheets. Then, guess what. We wagon in the old West, snake oil, solve is like money in the bank. wake up and discover that Bear everything. Allow all these big institu- Zoom Credit specializes in credit repair Stearns cannot make it and Lehman tions to get married; fall in love, get and debt consolidation, too. Bankruptcy, Brothers is going belly-up. They bail married and become bigger and do a slow credit, no credit—who cares. out Bear Stearns by allowing somebody little of everything. That way you get These were the advertisements being else to buy them with $30 billion from one-stop shopping. Go ahead and buy run on television and on the radio the Federal Reserve Board, securitized

VerDate Aug 31 2005 04:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.049 S17SEPT1 smartinez on PROD1PC64 with SENATE S8924 CONGRESSIONAL RECORD — SENATE September 17, 2008 by, in many cases, bad securities. This that all Americans are hoping all of us have permeated our entire economy and dev- morning, the papers said $85 billion. It pull together to find ways to put this astated family budgets. is pretty unbelievable what is going on. country back on track, insist that reg- It is critical that we have honest and accu- It all starts here. ulators finally begin to regulate on be- rate information as we debate solutions to Now, did somebody see this? Did this energy crisis. As Chairman of the Sub- half of the interests of the American committee that held the hearing yesterday, I somebody watch television in the people—insist that Congress do what it am requesting that you send me all docu- morning or read the newspaper or lis- needs to do, and there are a number of ments in the possession, custody or control ten to the radio and hear the advertise- things we need to do to set this right. of JPMorgan Chase during the last 12 ments about the seductive new mort- It is not with joy that I come to the months relating or referring to the role of gages you could get and how the bro- floor of the Senate describing the con- speculation on oil prices. Given that the kers and bankers and all these folks ditions that, in my judgment, have Congress is currently debating and will be are making all this money? If the caused the most significant economic voting on these matters imminently, please American people didn’t see it, should provide these documents to us on a rolling collapse we have seen in a long time. basis beginning as soon as possible with all the regulators have seen it? Weren’t But we must face the truth, and the such documents provided by one week from there people in this town whom we paid truth is that we have been through a today. Also, due to the limited amount of to regulate? How about Alan Green- very difficult period and we need our time available to us before voting will occur, span, who is now treating us with a Government to behave in a way that please ensure that the most relevant docu- book and appearances on the Sunday stands up to protect the interests of all ments are provided first. shows and giving us a current diag- Americans, not just a few. I am going I appreciate your willingness to do this nosis? Where was Mr. Greenspan when to have more to say tomorrow about promptly to ensure that the public and Con- this was happening? What happened at gress receive full, accurate, honest and com- this subject. plete information from those who testify be- the Fed that persuaded them not to in- I ask unanimous consent to have fore it. terrupt essentially bad business that printed in the RECORD a letter that I I appreciate your timely response. If you would injure the foundation of this had referred to that I have written to have any questions, please contact Dennis country’s economy, or the many other the head of J.P. Morgan, as well as an Kelleher, my Chief Counsel, or Ben Klein, my regulatory agencies where people at attachment with that letter. Legislative Director. the head of them decided to be will- There being no objection, the mate- Sincerely, fully blind and do nothing? rial was ordered to be printed in the BYRON L. DORGAN, U.S. Senator. If ever there were a time for the peo- RECORD, as follows: ple of this country to question whether U.S. SENATE, E-mail sent last night by the Global Chief the term ‘‘regulation’’ is a four-letter Washington, DC, September 17, 2008. investment Officer for all of J.P. Morgan (see word, it is now. I believe the free mar- Mr. JAMIE DIMON, bold section below). Chief Executive Officer, Chairman of the Board, ket is a wonderful thing. I used to EYE ON THE MARKET, SEPTEMBER 16, 2008, JPMorgan Chase & Co., Inc., New York, teach economics. I believe the free 11-SOMETHING P.M. market is one of the best allocators of NY. DEAR MR. DIMON: I am the Chairman of the Update: The U.S. government took another goods and services known to mankind. Energy Subcommittee of the Senate Com- unprecedented step in this odd year and pro- I also know it needs effective regula- mittee on Energy and Natural Resources. I vided a bridge loan to AIG in exchange for tion—a regulator—because occasion- convened a hearing of the Subcommittee 80% ownership in the company. ally it becomes perverted. Occasion- yesterday, which focused on speculative in- ‘‘SWF: Sovereign Wealth Fed’’. Say this ally, it is broken by certain interests. vestments in the energy futures markets. I for the U.S. Federal Reserve: they’re rein- As I said earlier, I wish I had been am troubled that the testimony delivered by forcing their historical independence from Lawrence Eagles, Global Head of Commodity the legislative branch. On a day during wrong when I said, on the floor of the which Senators McCain, Obama, Dodd and Senate on May 16, 1999, in opposing the Research for your company, appears to be contradicted by an internal JPMorgan email Shelby all came out publicly against a bail- Financial Modernization Act, which that my staff has obtained, dated the same out of AIG, the Fed did it anyway. That’s not took apart the basic protections we day. entirely unprecedented; President Clinton had and that we had learned were need- At the hearing, Mr. Eagles said, ‘‘we be- tried to pass the 1994 Mexican Stabilization ed from the bank failures of the 1930s: lieve that high energy prices are fundamen- Act through Congress, couldn’t, and then fig- This bill will also, in my judgment, raise tally the result of supply and demand.’’ Ad- ured out a way to get the Exchange Sta- the likelihood of future massive taxpayer ditionally, the written testimony which was bilization Fund done without legislative ap- bailouts. It will fuel the consolidation and submitted on behalf of JPMorgan by Blythe proval. But what is unprecedented, at least mergers in the banking and financial serv- Masters said, ‘‘we fundamentally believe for the Fed, is equity ownership. The United ices industry at the expense of customers, that high energy prices are a result of supply States now has its own Sovereign Wealth farm businesses, family farmers, and others. and demand, not excessive speculation.’’ Fund, with Fannie Mae, Freddie Mac and ... But, an email we obtained that was sent AIG as its inaugural investments. Is this a Fusing together the idea of banking . . . late last night by Michael Cembalest, identi- backdoor alternative to privatizing social se- with other inherently risky speculative ac- fied as JPMorgan’s Global Chief Investment curity? tivity is, in my judgment, unwise. Officer, directly contradicts the testimony First, a brief bit of background, AIG is an insurance company with roughly $100 billion That is what I said 9 years ago. I wish by Mr. Eagles and Ms. Masters. In his email (a copy of which is attached), Mr. Cembalest in capital and $1 trillion in assets. They have I had been wrong, but I was not. stated, in part: ‘‘what we’ve been saying: an insurance operation that’s been around We come now to this intersection there was an enormous amount of specula- for almost 100 years, and which has deep ex- with the American economy in peril. I tion pent up in energy markets (e.g., an 8- perience in life, property & casualty, per- know we have people at the Fed and at fold increase in bank OTC oil derivative ex- sonal, specialty and D&O insurance (indem- the Treasury Department working full posure in the last 3 years), and it wasn’t just nifications related to mistakes by directors time to try to put this back together. the supply-demand equation. Oil will rise and officers). AIG set up a capital markets Again, I say you cannot fix something again, and we need solutions to energy sup- subsidiary, AIGFP, which effectively pro- if you don’t know what went wrong. It plies, but $140 in July 2008 was ridiculous.’’ vides re-insurance on $440 billion in securi- ties and other derivatives when you cut is why I describe two things today— It appears that JPMorgan is telling Con- gress and the public that the run up in oil through all the industry jargon. AIG allowed one, the unbelievable bubble of specu- prices is solely due to supply and demand, this subsidiary to grow to be half the com- lation that moved oil to $147 a barrel, while at the very same time it is telling its pany’s assets, a decision which in hindsight which put an enormous burden on this clients that an ‘‘enormous amount of specu- borders on the bizarre. Within this business country’s economy at exactly the time lation’’ is running the prices up. unit, there are concentrated problems with a when we could not afford it, as the Please explain why JPMorgan testified be- specific $80 billion portfolio of multi-sector economy was already suffering the un- fore Congress that the high oil prices are CDOs linked to residential mortgages. believable effects of the subprime loan only due to supply and demand when your They’ve taken $25 billion in losses so far on experts clearly acknowledge privately that this exposure, with more expected by scandal. Now we have seen an almost it was speculation, not market fundamen- Moody’s in Q3. While vintage years and perfect economic storm. tals, that sent oil prices skyrocketing. As terms/conditions differ, AIG’s CDO exposure One doesn’t have to be an economist you know, this is a matter of enormous pub- relative to shareholder equity was much to understand what is happening now lic interest and concern. Americans across larger than other big CDO holders such as in this economy. But it seems to me our country are hurting as run-away prices UBS and Citigroup.

VerDate Aug 31 2005 04:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.051 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8925 AIG’s problem is that rating agency down- Notes: structures and delays in distributing impor- grades of AIGFP force collateral to be post- (a) AIG released a report on August 7 with tant tax information. Typically such invest- ed. Such a clause essentially transforms their CDO stress-testing. The assumptions ment ideas can only be offered to suitable in- their exposure from an insurance policy that look conservative to me: 80%–90% of vestors through a confidential offering only requires payout when losses are real- subprime loans expected to default, with memorandum which fully describes all ized, to a policy which requires payout de- 20%–30% recoveries upon foreclosure. As- terms, conditions, and risks. pending on how markets price similar expo- sumptions on prime loans were not much IRS Circular 230 Disclosure: JPMorgan sures. And right now, mortgage-backed de- better: 60% expected to default, with recov- Chase & Co. and its affiliates do not provide rivatives are the leprosy of the financial eries of 65% upon foreclosure. AIG computed tax advice. Accordingly, any discussion of markets, with prices arguably below fair its fair value stress-testing loss on the CDO U.S. tax matters contained herein (including value (a). However, for valuation and cap- portfolio at around $10 billion, compared to any attachments) is not intended or written italization purposes, insurance regulators, the $25 billion in losses they’ve taken so far. to be used, and cannot be used, in connection accountants and rating agencies (no irony This suggests that one of 3 things are true: with the promotion, marketing or rec- intended) are not interested in anyone’s esti- (i) the non-transparent process through ommendation by anyone unaffiliated with mate of fair value right now. Instead, they’re which AIG applied the stress-testing assump- JPMorgan Chase & Co. of any of the matters relying on the last marginal price that any- tions were too generous and underestimate addressed herein or for the purpose of avoid- one happens to sell at, with the most des- the loss, (ii) secondary market prices driving ing U.S. tax-related penalties. perate seller setting the price. If only prop- the actual marks are too low, or (iii) the The PRESIDING OFFICER (Ms. erty taxes worked that way; everyone would markets are right and the assumptions above CANTWELL). The Senator from Iowa is get tax certiorari relief based on the neigh- are still not catastrophic enough. These out- borhood’s worst foreclosure sales. comes are not mutually exclusive, but you recognized. I will leave it to others to describe the ca- could drive a truck through the difference f lamitous (or not) outcomes that the Fed de- between the stress-testing case and losses re- cided to avoid. It would be speculation, al- alized so far. Call me crazy but I think it’s AMERICA’S SENIOR CITIZENS AND though today’s news of the oldest money mostly (ii). TAXES market fund in the country (with $60 billion (b) That’s what happens when a money Mr. GRASSLEY. Madam President, I at its peak) ‘‘breaking the buck’’ was pos- market fund does not provide a dollar back sibly a small example (b). What the Fed gets for each dollar invested. A very rare occur- come to the Senate today to talk about in return for saving AIG: a 2-year loan at rence which only happened once, in 1994. an important segment of our Nation’s Libor plus 8.5%, plus an 80% ownership inter- (c) As far as we can tell, the Fed’s invest- population, America’s senior citizens. est in the company. I know a lot of private ment does not constitute an ‘‘event of de- Our senior population has seen a very equity and mezzanine funds that would love fault’’ the way the GSE conservatorship did. rapid growth in the 20th century. As of to have gotten a deal like that, but they (d) For monetary policy geeks only: the the year 2000, there were about 35 mil- didn’t have enough capital. And that was the AIG deal reduces the amount of problem: AIG is so big that the numbers in- lion people who were 65 years of age or unencumbered Treasury bonds held by the older. Compare this with 3.5 million volved were too large for banks and other Fed under $200 billion. From the March 12, private sector entities to contemplate, par- 2008 Eye on the Market: ‘‘Something is nag- people at the beginning of the 20th cen- ticularly within 48 hours. AIG’s former ging at me. Over the long run, I hope the Fed tury. Today, about 37 million people chairman stated that equity investors did hasn’t misjudged something. It’s not that are 65 years or older. This amounts to not have to be wiped out, but there was only the Primary Dealer Credit Facility, is infla- about 12, 13 percent of our total popu- one entity left that was big and adroit tionary. For every dealer that comes to the lation. enough to offer the terms and capital needed Fed, the Fed sells assets to raise cash to In 2011, the first baby boomers turn to forestall a possible bankruptcy (c), and it lend, so their monetary targets are un- was the U.S. government. While I think the 65. This will mark the beginning of an changed. But Fed assets are not unlimited: explosion in our senior population. By U.S. government made a good investment for existing facilities already reduce some of the taxpayers, the Pandora’s box is going to be Fed’s $700 billion in assets. In the highly un- 2030, the senior population will be quite a challenge. likely event that the Fed’s assets were ex- twice as large, growing from 35 million We’re not going to rush out and buy equi- hausted, they’d have to start the printing to 70 million. ties on the view that the world’s problems press. We need to hope they haven’t pre- You may ask why I am citing these are over, or that the Fed will bail anything maturely pledged assets to dealers that are else out. The economic news, drowned out by numbers. My Senate colleagues may normally reserved to stabilize banks during corporate events over the last two weeks, is think I am setting the stage for a still pretty bad. This week’s charts from our a potentially painful economic downturn.’’ lengthy discussion about our entitle- investment meeting (state tax receipts, CDO = Collateralized Debt Obligation. ment programs—Social Security and GSE = Government Sponsored Enterprise. small business optimism, the U.S. manpower Medicare. While the impending entitle- employment survey, the Baltic Freight MICHAEL CEMBALEST, Global Chief Investment Officer, ment crisis does require my attention, index, retail sales, Eurozone industrial pro- along with the attention of every Mem- duction, hotel occupancy rates and just J.P. Morgan. about everything related to growth or con- The above summary/prices/quotes/statis- ber of Congress—and very soon—I wish struction in China) all look the same: plum- tics have been obtained from sources deemed to discuss another issue that is at the meting. There’s also the minor issue that the to be reliable, but we do not guarantee their center of this year’s political debate, Fed is running out of money for these bail- accuracy or completeness. Past performance and that is that mean word ‘‘taxes’’— out/investment exercises (d). But with the is not a guarantee of future results. Securi- yes, taxes on our senior citizens. I wish decline in commodity prices, inflation fore- ties are offered through J.P. Morgan Securi- to explain to my Senate colleagues and casts are tumbling, rendering stagflation ties Inc. (JPMSI), Member NYSE, FINRA my friends in the media how seniors and SIPC. Securities products purchased or risks much lower. While we’re at it, the Peak are taxed under current law. I also Oil crowd promoting crude oil call options sold through JPMSI are not insured by the struck at $200 should concede what we’ve Federal Deposit Insurance Corporation would like to talk about how the Re- been saying: there was an enormous amount (‘‘FDIC’’): are not deposits or other obliga- publican and the Democratic Presi- of speculation pent up in energy markets tions of its bank or thrift affiliates and are dential candidates’ tax plans will affect (e.g., an 8-fold increase in bank OTC oil de- not guaranteed by its bank or thrift affili- our senior citizens. rivative exposure in the last 3 years), and it ates; and are subject to investment risks, in- With a significant increase in our wasn’t just the supply-demand equation. Oil cluding possible loss of the principal in- older population looming, those who will rise again, and we need solutions to en- vested. Not all investment ideas referenced are currently 65 and older—and those are suitable for all investors. These rec- ergy supplies, but $140 in July 2008 was ridic- who will be turning 65 over the next 2 ulous. ommendations may not be suitable for all- We are making some regional shifts in investors. Speak with your JPMorgan rep- decades—should pay close attention to portfolios (from Europe to the U.S.) given a resentative concerning your personal situa- the tax changes that will be faced slower global economy, the prevalence of tion. under a Republican administration and much higher levels of government and cor- This material is not intended as an offer or Senator MCCAIN or a Democratic ad- porate debt in Europe, and more rapidly solicitation for the purchase or sale of any ministration and Senator OBAMA as slowing European earnings estimates. We are financial instrument. Private Investments President. People should not only be also holding onto our cash balances, and are often engage in leveraging and other specu- wary of campaign promises, they must investing newly funded accounts slowly. But lative investment practices that may in- we are not, as we reiterated last week, posi- crease the risk of investment loss, can be also understand the flaws in the var- tioning for Armageddon, which the Fed highly illiquid, are not required to provide ious tax proposals being offered the might have just averted with its actions this periodic pricing or valuation information to voters this election season. Change week. investors and may involve complex tax may result in higher taxes.

VerDate Aug 31 2005 02:59 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.031 S17SEPT1 smartinez on PROD1PC64 with SENATE S8926 CONGRESSIONAL RECORD — SENATE September 17, 2008 I wish to start by picking up from a These rules remain in place today, benefit our senior citizens who have speech I gave back in July. That speech but under the 1993 tax increase that contributed so much to this country? featured Rip Van Winkle. I have a pic- President Clinton signed, senior citi- Census Bureau statistics show that ture of Rip Van Winkle up here on a zens with incomes over $34,000 and mar- about 23 percent of the taxpayers chart. In that speech, I explained how a ried seniors with incomes over $44,000 claiming dividend income are senior charismatic, likable, articulate, young were required to pay income tax on not citizens; in other words, 65 or over. A Governor from Arkansas barnstormed 50 percent of their Social Security ben- nonpartisan research group, the Tax across America in 1992 as the Demo- efits but 85 percent of their Social Se- Foundation, shows that nearly 26 per- cratic Presidential candidate. That curity benefits. So this so-called tier 2 cent of all taxpayers claiming capital candidate—now former President Bill Social Security tax is still part of our gains are seniors 65 or over. So a con- Clinton—had a battle cry: ‘‘putting tax laws. The revenue generated from siderable number of seniors rely on in- people first’’ and ‘‘middle-class tax- the tier 2 tax is directed to the Medi- vestment income as a cornerstone of payer fairness.’’ It sounds familiar, care trust fund. their overall income. doesn’t it? Let me pause for a moment to show The Democratic leadership may file Another familiar tune is what can- how many seniors actually pay tier 1, on to this floor and tell you that the didate Clinton was saying in that same that is 50 percent, and tier 2, the addi- majority of seniors’ income is locked year, 1992. He said, if elected, ‘‘the only tional 35 percent. We can see on this away in retirement plans and IRAs and people who will pay more income taxes chart a number for 1994 and a number because of this, they don’t need the fa- are those living in households making for 2005. In 1994, when the tier 2 tax be- vorable tax relief of capital gains and more than $200,000 per year.’’ came effective, almost 6 million sen- dividend income. I have news for any- If elected, the junior Senator from Il- iors paid income tax on their Social body. First, as I pointed out, a large linois, the Democratic candidate, says Security benefits. This includes singles number of seniors rely on a stable flow that he will only raise taxes on fami- and married seniors. of income that dividends provide. Add lies earning $250,000 or more. Compare this with 2005, the most re- seniors’ reliance on capital gains and But once candidate Clinton was cent year we have accurate data from you see that any reduction in invest- sworn in as President Clinton, that the IRS. Around 12 million seniors paid ment income through higher taxes will campaign promise was quickly dis- the tier 1 and the tier 2 Social Security hurt our hard-working senior citizens. carded. In 1993, President tax. So you can bet your bottom dollar Let me show my Democratic col- and a Democratic Congress enacted the that seniors with incomes of less than leagues and friends in the media the largest tax increase in history. Those $200,000 were surprised when they woke tax savings that seniors currently are not my words. I will quote the up to the fact that the tax increase of enjoy due to lower tax rates. As we can great chairman of the Finance Com- 1993 hit them. see on the chart, seniors with incomes mittee at that time, New York Senator Why were they surprised? Candidate under $50,000 earning dividend income Patrick Moynihan, who termed it ‘‘the Clinton assured them their taxes would see the biggest tax savings. Their tax largest tax increase in the history of not go up. Not only did their taxes go liability is 17 percent less than it would public finance in the United States or up, they had to give back a significant be if the favorable tax relief expired. anywhere else in the world.’’ And much portion of their Social Security bene- This portion of the chart also illus- to the voters’ surprise, the tax increase fits to the Government, benefits that trates how much more seniors rely on of 1993 was on people who earned more they worked a lifetime to receive. this favorable tax treatment than tax- than $20,000, not just those earning Will America’s seniors and the mid- payers of all ages. For all other tax- more than $200,000, as candidate Clin- dle class, for that matter, wake up to payers, their tax liability is 7.6 percent ton had said in that campaign. higher taxes after the 2008 election? So the moral of this story is that less, as we can see from the chart, the candidate Clinton, who promised mid- That is the key for my being here, to first bar. Let’s look at seniors claiming capital dle-class tax relief, raised taxes on the look at the tax debate going on in this gains. Same chart, as we can see. Sen- hard-working middle-class taxpayers election season for the Presidency. Will once he became President Clinton. This American seniors and the middle class, iors with incomes under $50,000 pay was obviously change that you could for that matter, have to wake up to about 13 percent less in taxes than they not believe in. higher taxes after the 2008 election? would without the favorable tax relief The reason I told that story was to Much like Rip van Winkle woke up to in the 2003 capital gains law. That is a tell this story back then. Not only did a different, changed world, will Senator significant chunk of change for our President Clinton raise taxes on the OBAMA’s change be something seniors hard-working seniors or, if they are re- middle class, he raised taxes on sen- can believe in? Could history repeat tired, for having worked hard through- iors. itself? out their life. That is why I am speaking to my col- I wish now to explain how the 2001 So we can see my Democratic friends leagues about the impact of tax pro- and 2003 bipartisan tax relief benefits don’t have a leg to stand on. They posals on senior citizens that are an American seniors. The reason I call come out here—we have seen them and issue in this election. That is right, them the bipartisan tax relief bills is heard them—like the big bad wolf and taxes were raised on seniors. because it had bipartisan support, un- huff and puff about how seniors do not What was this tax increase on seniors like the rhetoric of the campaign benefit from the 15-percent capital back in 1993? It was an added tax on So- which is always referring to the Bush gains and dividend income tax rate. cial Security benefits. Let me take a tax cuts. But the facts, as I presented them, are moment to explain how this tax cur- If these were the Bush tax cuts, they clear, and we get this information from rently works. would have been a heck of a lot bigger foundations and study groups. Seniors Prior to the 1993 tax increase, mar- tax cuts than the bipartisan tax relief rely on capital gains and dividend in- ried seniors with incomes less than that is now the law of the land. come to maintain their standard of liv- $32,000 did not pay taxes on their Social I wish to specifically focus on the ing and pay their medical expenses. Security benefits. For single seniors, reason for the 2003 tax relief because in Seniors benefit significantly from the those with less than $25,000 paid no 2003, Congress reduced the top tax rate favorable tax treatment on capital taxes on their Social Security benefits. on capital gains from 20 percent down gains and dividend income, especially However, single seniors with incomes to 15 percent. Congress also tied divi- low-income seniors. over $25,000 and married seniors with dend income to the capital gains tax The moral of this story is that lower incomes over $32,000 paid income tax on rate instead of the taxpayers’ marginal tax rates on investment income means only 50 percent, or maybe for the peo- tax rate. That is, of course, the same 15 these seniors can keep more of their ple paying it, it was on the whole 50 percent as for capital gains. earnings to pay for life’s necessities. percent of their Social Security bene- For low-income taxpayers, the tax Taking these tax benefits away from fits. The revenue raised from this tax is rate on capital gains and dividends is seniors by raising capital gains and directed into the Social Security trust currently zero. How does a lower cap- dividends, these are people who will be fund. ital gains and dividend income tax rate hurt because they most typically live

VerDate Aug 31 2005 02:59 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.052 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8927 off of a fixed income and their standard The PRESIDING OFFICER. The Sen- would erode over time, becoming less of living would be severely impacted. ator has used 10 minutes. We are under and less valuable to seniors. My Democratic colleagues in Con- a time agreement. Second, the $50,000 threshold is a gress actually want to take away the Mr. GRASSLEY. I ask permission to cliff. That means a senior earning $1 2003 tax relief for seniors. For example, continue. I was told I would have until over $50,000 won’t qualify for the ex- in March of this year, this body took a 10 after 6, and I will be done before 10 emption and that senior might stop very important vote. I, along with my after 6. working to make sure they do not go Senate colleagues, voted on an amend- Ms. LANDRIEU. Madam President, over that cliff. ment to the budget that would have al- may I inquire of the Senator, another 5 Third, the $50,000 exemption amount lowed the 15-percent capital gains and or 10 minutes? applies to both single and married tax- dividend income tax rates to be ex- Mr. GRASSLEY. Let’s say 7 minutes, payers. This produces a marriage pen- tended beyond their sunset period of and if I am not done in 7 minutes, I will alty that is unfair to married seniors. 2010. Every Democrat voted no. If the quit. Finally, this proposal exempting sen- Democrats get their way, this favor- Ms. LANDRIEU. I thank the Senator. iors making less than $50,000 from pay- able tax treatment will go away for The PRESIDING OFFICER. Without ing income taxes would add to the So- seniors, raise taxes on seniors, and objection, it is so ordered. cial Security and Medicare deficits. lower the standard of living of seniors. Mr. GRASSLEY. Madam President, This may not be such a big deal for I voted to extend the 15-percent capital seniors under the tax plan proposed by seniors, but it is a big deal for those of gains and dividend income tax rate. the senior Senator from Arizona would us here in Congress who have to find The senior Senator from Arizona continue to benefit from lower tax solutions to the shortcomings of Medi- voted yes. Interestingly, the junior rates. This would allow seniors to care and Social Security. Senator from Illinois voted no. My maintain their current standard of liv- Let me tell my colleagues, and of friend’s vote is interesting because the ing. These taxpayers will be able to age course the media, how this proposal junior Senator from Illinois is now with dignity. would add to the Social Security and barnstorming across America cam- The Democratic Presidential can- Medicare deficits. As I discussed ear- paigning to be President, much as didate’s tax plan for seniors is much lier, our current tax laws require sen- President Clinton did. On the stump, more complicated. But first let’s keep iors with incomes over $250,000 and the Democratic candidate has stated he it simple. Although the junior Senator $32,000 to pay income taxes on their So- does not want the 15-percent capital from Illinois voted to allow the 15-per- cial Security benefits. According to gains and dividend income tax rates to cent capital gains and dividend income preliminary data released by the IRS, go away, at least for families earning tax rates to expire, he is now saying he close to 14 million seniors paid income less than $250,000 a year. Let me repeat, wants to keep this favorable tax treat- tax on their Social Security benefits in the junior Senator from Illinois, whose ment for families earning less than 2006. This is because many seniors con- word is his bond, voted with this budg- $250,000. tinue to work. Or they retire, but earn et vote last spring to allow the 15-per- It seems the Senator from Illinois interest income, capital gains divi- cent capital gains and dividend income thinks the bipartisan tax relief is good dends, or rental income. Even half of tax rates to expire, but now he is say- and should continue for most tax- their Social Security benefits are ing he wants this tax relief to stick payers. However, his Democratic col- taken into account for purposes of de- around. leagues in the House and Senate don’t termining whether a taxpayer must To a degree, I am glad for that seem to think so. After all, they voted pay income taxes on their Social Secu- change of heart, but the more I think to allow the 15-percent capital gains rity benefits. about it, the more I wonder whether and dividend income tax rate to expire Now, there are many seniors who are the junior Senator from Illinois will in that vote we had this spring. earning less than $50,000 but more than stick to this campaign promise if elect- I ask, if Senator OBAMA is elected on $25,000 and $32,000. Currently, the in- ed because he might find himself in a November 4, will he be able to convince come taxes these seniors pay on their position like Candidate Clinton who his Democratic colleagues to continue Social Security benefits go directly to failed to stick to his campaign promise this favorable tax treatment? Presi- Social Security and Medicare. This when he became President not to tax dent Clinton was unable to stop a means if these seniors are exempt from the middle class. So maybe my Demo- Democratic Congress from increasing taxes, less tax revenue flows into the cratic friend will be the big bad wolf taxes in 1993. And I wouldn’t want his- Social Security and Medicare. The after all. Huff and puff and let the 15- tory to repeat itself. trustees of these funds are already pro- percent capital gains and dividend in- I also want to spend some time dis- jecting that the Medicare trust fund come tax rate expire. I am not sure if cussing a proposal my friend from Illi- will run out of money in 2019 and that a President OBAMA will be living in nois has discussed on the campaign the Social Security trust fund will fol- such a brick house. His house may be trail. Senator OBAMA has proposed to low in 2041. made of straw and his campaign prom- exempt seniors with incomes less than The Senator from Illinois may say he ise of extending the 15-percent capital $50,000 from income taxes. This sounds will make up for this revenue loss by gains and dividend income tax rate for pretty good. I mean, for 2007, the me- raising payroll taxes on families earn- families earning less than $250,000 may dian income for people 65 and over was ing more than $250,000 a year, but his be blown down. close to $28,000. But if you take a closer campaign has recently stated that any Former President Clinton’s promise look, there are a number of flaws. increase in the payroll taxes on these was blown down, and we saw the big- These are not my words. The Tax workers would be phased in over 10 gest tax increase in history. That is Policy Center, a nonpartisan think years. This means the revenue Senator what Senator Moynihan, chairman of tank that has received notoriety for OBAMA was relying on to make up the the committee at that time, said. I analyzing the tax plans of Senator revenue loss that would result from the don’t want history to repeat itself. MCCAIN and Senator OBAMA, states seniors’ tax exemption won’t be there. Let’s focus on how seniors would be that ‘‘the proposal is poorly designed.’’ I am not sure about you, but making a affected under a Republican or a Demo- They also say the proposal ‘‘creates in- campaign promise that will balloon the cratic administration. Let me start equities between older and younger Social Security and Medicare deficits with a Republican administration be- workers with the same income.’’ The is not good judgment, especially when cause Senator MCCAIN’s tax plan is AARP, the powerful senior lobby, baby boomers are on the verge of turn- straightforward. That is, the Senator hasn’t even highlighted the proposal in ing 65. from Arizona would continue the cur- communications with its membership. Now, I have saved the best for last, rent 15-percent capital gains and divi- But I wish to highlight this proposal and I want to say it loud and clear so dend income tax rates beyond its and expose its flaws because I don’t my friends in the media and our Na- sunsetting. He would also continue the want our seniors to believe in a cam- tion’s seniors can hear it: Seniors will tax rate of zero percent for low-income paign promise that can’t be delivered. see their taxes go down under Senator taxpayers. Yes, it is a very simple tax First, the $50,000 exemption amount MCCAIN’s plan, especially married sen- plan. would not be indexed. This means it iors. Low- and middle-income seniors

VerDate Aug 31 2005 02:59 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.053 S17SEPT1 smartinez on PROD1PC64 with SENATE S8928 CONGRESSIONAL RECORD — SENATE September 17, 2008 who are married will be taxed less than sylvania, Florida, Ohio, Missouri, and tav hit us on September 1, and Tropical under the Democratic tax plan. Senior my home State of Iowa to read this and Storm Fay, while it entered in Florida, citizens will also enjoy tax relief under study it. Don’t buy a pig in a poke. Be or hit our country in Florida, actually the McCain tax plan. wary of a unified government. We need did a tremendous amount of damage to The Senator from Arizona is doing to make sure that we install in the other parts of the United States, not the right thing in reducing the cor- Presidency people who are going to only the States along the gulf coast. porate tax rates. After all, our Nation keep tax rates low on seniors. There was some terrible interior flood- has the second highest corporate tax I yield the floor. ing in Arkansas and even up here in rate in the world. That causes compa- The PRESIDING OFFICER. The Sen- this region. As a result, we have home- nies to move their operations overseas. ator from Louisiana. owners like this. Both Senator OBAMA and Senator Ms. LANDRIEU. Madam President, I These photos were sent to us by MCCAIN have alluded to the competi- understand we have up to 10 minutes. American Press, from the Lake Charles tive problem our corporations face be- The PRESIDING OFFICER. The Sen- American Press, and I thank them. cause of high tax rates. There is an ator is correct. This is the parish of Calcasieu, which is added benefit to reducing corporate f right outside the Texas border. So you rates. The answer is: a tax cut for mid- have the counties, of course, of Hous- STORM DISASTERS dle-class seniors. Well, the incidence of ton and Galveston and Beaumont, but the reduction of corporate tax rates Ms. LANDRIEU. Madam President, right on the other side of that border falls on capital. The Congressional before I begin speaking about the dis- are Calcasieu Parish and Cameron Par- Budget Office tells me that the burden aster occurring in Louisiana and in ish. of the corporate tax falls on capital, parts of Texas, and refer briefly to Let’s see some of the extension of the and so does the Tax Policy Center. some of the other disasters that have damage in these other pictures. This is So because seniors hold investments struck, I wish to respond briefly to in a city. This is not in a low-lying in corporations—as evidenced by the some of the remarks the Senator from area. This is not on a beach. There is fact that almost a quarter of all Ameri- Iowa made. not a beach anywhere around here. We cans claiming dividends are seniors— We don’t have time for a debate, and have had tidal surges from Ike much they will see the benefits of lowering I respect my friend on the other side a higher than I think many people real- corporate tax rates. This means they great deal, but had the Democrats fol- ize. This is a picture of the eastern part will see their taxes go down if the cor- lowed the Republican leadership in try- of Louisiana. You all have seen this porate tax rate is reduced. Married sen- ing to privatize Social Security, many seniors would be in a very difficult sit- picture before, and I know you are iors in particular will see their taxes going to accuse me of actually bringing go down more than under the tax plan uation right now, as you know. The Re- publican Party has for years tried to out an old picture from an old storm. I of the Senator from Illinois, and in feel as though I am in Groundhog Day some cases the senior taxes would go privatize Social Security. What a ter- rible situation we would be in had we here. But this is actually taken from up under the Democratic tax plan. last week. This is America’s energy The Tax Policy Center has indicated allowed that to happen. But we and port. This is Port Fourchon, where 30 that low-income seniors, those earning some others, a few on their side, stopped it from happening. I can hardly percent of the offshore oil and gas from up to $32,000, would see their taxes go the gulf comes. Port Fourchon. You up by close to $150 under OBAMA’s tax tell you what the situation would be for our seniors, whether they are on can’t see Port Fourchon, because it is plan. Contrast this with Senator completely underwater. the poor end of our economic scale, the MCCAIN’s plan, where these same low- I feel I am going through the repeat middle end, or the higher end, with income seniors would see tax cuts of of a movie. We had Katrina, we had over $150. Bear Stearns and Lehman Brothers and Rita, and now we have Fay, we have The Senator from Illinois may not others that are now collapsing. Gustav, and we have Ike. And while Ike So I know we will have a great deal believe me. After all, he has promised did hit directly into Galveston—and no new taxes for families earning less of debate about which economic policy please let me begin by saying that my than $250,000, and that these taxpayers is the best, and I know the Senator rat- heart goes out to the people of Gal- would receive a tax cut. But here on tled off quite a few numbers regarding veston and Beaumont and the millions this chart, it is in black and white. Ac- Social Security, but I couldn’t help of people right now who still in Texas cording to the Tax Policy Center, sen- myself as I was standing here thinking: do not have electricity. We in Lou- iors with a total income up to approxi- Thank goodness we didn’t privatize So- isiana most certainly understand the mately $24,500 and $32,000 would see a cial Security. Because whatever situa- difficulties from a storm of that na- tax cut of $186 and $154 respectively. tion he has outlined, it would be a ture. But I would be remiss if I didn’t That is under the McCain plan. Under thousand percent worse for our seniors come to the floor this afternoon and the Obama plan, these same seniors today. So I thank the junior Senator say that this storm hit more than the would see their taxes go up by $157 and from Illinois from stopping that from Texas coast. It walloped us as well. $131 respectively. That is a tax in- happening, along with myself and This is another part, from southeast crease. And if your income is around many others. Louisiana, I believe. This is Port $83,000, you will see a tax increase of I came to the floor today, however, Fourchon. This is right on the coast. $364 under OBAMA. Compare that to a to speak about the disasters unfolding We can understand this happens when $431 tax cut under the McCain plan. in Louisiana and Texas and other parts storms occur. This is not in the middle Let’s look at single seniors. If you of our country. I know as this Congress of a city. This is not inland. This is are a single senior with a total income gets ready to adjourn, we have done right on the coast. But as I have come around $21,000, you will see your taxes some significant work over the last down to say so many times, when is go up $118 under Senator OBAMA’s tax couple of months, and we have more America going to wake up and realize plan and they will go down $140 under work to do, we do need to get on an en- that these are where our pipelines are? Senator MCCAIN. ergy debate for this Nation, and I am These are where our refineries are. By So I ask the Senator from Illinois hoping something can be worked out the nature of pipelines and refineries whether he would like to revise and ex- there. We also, of course, have a con- and ports, they have to be near a coast. tend his remarks. He says no new taxes tinuing resolution to discuss. But this They cannot be inland. We need to do a and tax cuts for people making less is only one of several pictures I am much better job of protecting these than $250,000. But as we can see here, going to show of the results of a ter- communities. that is not true. And the tax increase is rible storm that crashed into the This is in the Houma-Terrebonne on one of the most vulnerable segments southern part of the United States last area, which is much farther inland. We of our society: our seniors. week. had some of the worst flooding in I would like factcheck.org to post the Hurricane Ike hit the gulf coast with Terrebonne Parish, which is really in Tax Policy Center’s numbers on their a ferocious force of winds and tidal the southeastern part of the State. Re- Web site, and I want seniors in Penn- surges on September 13. Hurricane Gus- member, the hurricane really hit

VerDate Aug 31 2005 02:59 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.057 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8929 Texas, but the hurricane was so big; it object, but before doing so, finally, I Mr. WARNER. Madam President, I was over 600 miles wide. While it was would like to say to my colleague and join in making that request. There is not a category 4 or 5, it was a massive Senators on both sides of the aisle, no objection on this side. storm that really flooded parts of Mis- under the leadership of yourself, Mr. The PRESIDING OFFICER. Without sissippi, almost all of south Louisiana, Chairman, and to some extent my par- objection, it is so ordered. and Texas. ticipation as the acting ranking mem- Mr. LEVIN. I will again thank my I see my colleague, the chairman of ber and certainly the members of our friend for all of his efforts on this bill. the committee, coming to the floor. I committee and staff—we have all He has been, as always, a highly con- will at this point yield for just a few worked very diligently to achieve a structive force. We could not even be moments, as I think they have come to bill. The particular request my distin- this far without his great support. I am some agreement. guished colleague has put to the Sen- indebted to him and the Senate is in- The PRESIDING OFFICER. The Sen- ate, to which I shall object, really re- debted to him, I hope, and the Nation ator from Michigan is recognized. fers to those items we were unable to again is indebted to Senator WARNER. f reconcile procedurally in the course of Again, I thank our good friend from some several days of deliberation be- Louisiana. We have interrupted her for UNANIMOUS CONSENT REQUEST— ginning, perhaps, as early as last a little longer than I promised. S. 3001 Thursday. We were here Friday. We Mr. WARNER. Madam President, if I Mr. LEVIN. Madam President, let me were here Monday and Tuesday. We might just add, I thank my distin- first thank our dear friend from Lou- were unable to achieve the reconcili- guished colleague and friend for the 30 isiana for allowing this interruption. It ation. There were objections, I say ab- years we have been together. I am cer- is a very important presentation. solutely candidly and frankly and fac- tain this institution will carry on just In a moment, I am going to propound tually, on both sides. So it is not as if as well without me—and perhaps even a unanimous consent request. Before one side has weighed down the other, in a little bit better. But I have enjoyed doing that, there has been a lot of in- my judgment. It has been the inability our working together these many quiry as to whether a managers’ pack- to reconcile differences between the years. I stop to think, you and I having age is included in this. It is not. It has Senators. I have been here 30 years. I been here the same number of years, been unable to be cleared on the other have seen it happen before. It will hap- we have served with 273 different Sen- side, so it is not included in this unani- pen many years after I leave. ators in that period of time. I have en- mous consent request, so that every- At this time, I point out that the joyed it. I don’t know of any relation- body understands it. cloud seems dark, but the silver lining ship, either professional or even simply I now ask unanimous consent that at is that a group of us, 61 in number, friendship, that I have enjoyed and 6:30 p.m., morning business be closed; voted for cloture. That enabled us to be profited from more than working with that after the bill is reported, all here at this moment, and there will be you, Senator. I wish you well as you postcloture time be yielded back, the a bill at some point in time. There will carry on with this committee. first and second-degree amendment be be an armed services bill by the Sen- Madam President, I do want to thank withdrawn, the bill then be read a third ate. I hope it will be favorably acted the staff of the Senate Armed Services time, and the Senate proceed to vote upon by a majority. Committee. I have here with me Mi- on passage of the bill; that upon pas- At this time, I object. chael Kostiw, William Caniano, David The PRESIDING OFFICER. Objec- sage, it then be in order for the Senate Morriss, David Collins, Sandy Luff of tion is heard. to consider, en bloc, the following cal- my personal staff, Marie Dickinson, endar items: Nos. 733, 734, and 735; that Mr. LEVIN. Madam President, let me first thank my dear friend from Vir- Paul Hutton, Gergory Kiley, Lucian all after the enacting clause of each ginia. He is accurate in his statements Niemeyer, Christopher Paul, Lynn bill be stricken and the following divi- about differences not being able to be Rusten, Robert Soofer, Diana Tabler, sions of S. 3001, as passed by the Sen- resolved in terms of a number of and Richard Walsh. ate, be inserted as follows: Division A, amendments which we had hoped to get I know my staff would want me to S. 3002; Division B, S. 3003; Division C, to votes. My statement referred only to say—and I say it—we have enjoyed S. 3004; that these bills be read a third a managers’ package on which we had working with the majority staff. time, passed, and the motions to recon- cleared about 100 amendments. That is The PRESIDING OFFICER. The Sen- sider be laid on the table, en bloc; fur- the one I made reference to before. ator from Louisiana is recognized. ther, that the considering of these f items appear separately in the RECORD. f Further—and this is what I am going UNANIMOUS CONSENT STORM DISASTERS to call the second half of this unani- AGREEMENT—S. 3001 Ms. LANDRIEU. I see several other mous consent request—the Senate then Mr. LEVIN. Given that objection to colleagues are here on the floor to proceed to the consideration of Cal- our going to conference, I now ask speak, maybe on this subject or an- endar No. 758, H.R. 5658, the House unanimous consent that at 6:30 p.m., other, so I will say I will reserve for companion, that all after the enacting morning business be closed; that after myself another 5 minutes and be fin- clause be stricken and the text of S. the bill is reported, all postcloture ished with my remarks. 3001, as amended and passed by the time be yielded back, the first- and sec- I was speaking about the hurricane Senate, be inserted in lieu thereof; the ond-degree amendment be withdrawn, damage throughout really the southern bill be read a third time, passed, and the bill be then read a third time, and part of the United States. I do not have the motion to reconsider be laid upon the Senate proceed to vote on passage the figures from Florida or from Mis- the table; that the title amendment of the bill; that upon passage, it then sissippi or Alabama, but we are turning which is at the desk be considered and be in order for the Senate to consider in our figures from Louisiana. Again, I agreed to; that upon passage of H.R. en bloc the following calendar items: remind my colleagues and the Nation, 5658, as amended, the Senate insist on Nos. 733, 734, and 735; that all after the Fay hit the gulf coast; it hit Florida its amendments, request a conference enacting clause of each bill be stricken but devastated parts of the gulf coast with the House on the disagreeing and the following divisions of S. 3001 as and many interior parts of the south- votes of the two Houses, the Chair be passed by the Senate be inserted as fol- eastern part of the United States, with authorized to appoint conferees with- lows: Division A, S. 3002; Division B, S. heavy rains and flooding on August 18. out further intervening action or de- 3003; and Division C, S. 3004; that these Then we had Hurricane Gustav on Sep- bate, and that no points of order be bills be read a third time, passed, and tember 1, which slammed into Lou- considered waived by virtue of this the motions to reconsider be laid upon isiana and did a tremendous amount of agreement. the table en bloc; further, that the con- wind damage to parishes such as Point The PRESIDING OFFICER. Is there sideration of these items appear sepa- Coupee and Rapides and Avoyelles Par- objection? rately in the RECORD. ish—parishes about which you don’t Mr. WARNER. Madam President, re- The PRESIDING OFFICER. Is there hear very much because they are not serving the right to object, and I shall objection? coastal parishes, but the wind damage

VerDate Aug 31 2005 02:59 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.059 S17SEPT1 smartinez on PROD1PC64 with SENATE S8930 CONGRESSIONAL RECORD — SENATE September 17, 2008 was very substantial, all the way up to ergy production, an estimated 25 percent of timates exceed $125 million. While funding to the northern parts of Louisiana. Much North America’s seafood is produced off of address these damages is authorized under like Katrina, it affected the northern Louisiana’s coasts. These industries along current law, the backlog associated with parts of Mississippi, although it was a with other essential Louisiana economic these needs may prevent the restoration or drivers were critically impaired due to the threaten the integrity of this critical infra- great flooding event down South. These destruction caused by Hurricane Gustav. structure. A Presidential waiver of the $100 storms are getting very big and very On September 1, 2008, Hurricane Gustav million limit on FHWA Emergency Relief powerful. Then, of course, Hurricane made landfall on Louisiana’s coast with funding is requested along with a special ap- Ike hitting again the Texas coast, right strong 110 mph winds following a northwest propriation from the General Fund to the into Galveston, right up the Houston path into central Louisiana, causing wide- FHWA Emergency Relief program for Lou- Ship Channel, doing terrible devasta- spread physical damage, power outages, and/ isiana and other states facing disaster-re- or flooding across the vast majority of par- lated damages. Further, Congress should pro- tion to our friends in Texas. But again ishes in Louisiana. The storm caused a power the flooding was substantial along the vide emergency funds to the Corps of Engi- outage that left two-thirds of the state’s neers for dredging the critical navigation coastal States. commercial and residential facilities with- channels that were impacted by the hurri- Let me just put up this chart you out electricity. Estimates suggest Hurricane cane. The Mississippi River, Atchafalaya have seen before. These are the pipe- Gustav’s economic losses total $7–15 billion River, Calcasieu Ship Channel and other lines that support America’s energy including $4.5–10 billion in total property critical waterways are vital to the country’s coast. This is Louisiana’s coast. This is damage and $2.5–5.0 billion in lost economic energy supply and maritime commerce af- Mississippi’s coast. This is the Mobile activity. Thousands of employees were dis- fecting nearly every state. placed and roughly 97,000 employers in Lou- While the majority of public infrastructure Bay and, of course, the panhandle of isiana (80 percent of total employers in the Florida. This is the Texas coast. These repairs will be covered by FEMA programs, state) suffered business interruption eco- it is known from experience with the 2005 two storms, Gustav and Ike, hit right nomic losses. Many of these are small busi- storms that there will be certain costs of re- here in this region, in the center part nesses still struggling to recover from Hurri- pair deemed ineligible for FEMA funding. of America’s energy coast, and wreaked canes Katrina and Rita. Louisiana, still re- The state requests $100 million in Commu- havoc in terms of flooding and wind covering from the 2005 hurricanes and facing nity Development Block Grants to develop a damage. Again, that has gone up further damages from Hurricane Ike, re- fund to cover the full repair of key infra- through Louisiana and to other parts quests assistance in upcoming stimulus leg- structure and public facilities. islation or other legislative vehicles in Con- 3. AGRICULTURE AND FISHERIES DISASTER of the coastal States. gress. This is just another example from ASSISTANCE 1. DESIGNATE 100% FEDERAL COST SHARE ON ALL Louisiana is one of the top domestic pro- Lake Charles of the water damage in FEMA CATEGORIES OF ASSISTANCE communities tucked well in from the ducers of sugarcane within the United The state has requested a 100% federal cost States, and second in both rice production coast. This is wind damage in that share on Individual Assistance to include same area that can show you some of and international rice exports. Hurricane Other Needs Assistance (ONA) and all other Gustav crippled all segments of agriculture the wind damage our people are experi- individual assistance programs, and Public throughout Louisiana. Many Louisiana pro- encing. Assistance categories A through G, to in- ducers sustained uninsured losses and will Because my time is short, I ask clude Direct Federal Assistance. As you may not be eligible for Supplemental Revenue As- unanimous consent to have printed in recall, Congress provided for this assistance sistance Payments as currently structured. for Hurricanes Katrina and Rita. Many com- the RECORD a letter from the Governor The hurricane has also caused catastrophic munities impacted by these storms are still of Louisiana outlining some of our pri- flooding and widespread wind damage for the recovering and do not have a restored tax state’s cattle industry, which is still recov- orities. base, and thus need this relief. In addition, There being no objection, the mate- ering from losing over 20,000 cattle from the we would like to work with you to evaluate 2005 storms. In addition, Louisiana’s seafood rial was ordered to be printed in the FEMA regulatory policies that improve industry accounts for more than 25 percent RECORD, as follows: evacuation and reentry assistance. The of the catch in the nation. Funds are needed STATE OF LOUISIANA, threat of Gustav forced the evacuation of to help offset the loss of this product, in- OFFICE OF THE GOVERNOR, nearly two million Louisiana residents. The creased production costs and damage to stor- Baton Rouge, September 13, 2008. State was forced to evacuate 30,000 critical age and fishing facilities. transportation-need residents, including Hon. NANCY PELOSI, 4. ECONOMIC RECOVERY Speaker of the House, U.S. Capitol 10,400 medical evacuations, which is the larg- Hurricane Gustav severely impacted our Washington, DC. est medical evacuation in U.S. history. The state’s overall economy and many small Hon. JOHN BOEHNER, state was also left with 1.5 million cubic businesses through widespread physical dam- House Minority Leader, U.S. Capitol, yards of debris from Hurricane Gustav along age, power outages, and/or short-term popu- Washington, DC. federal and state highways. lation displacement across the vast majority Hon. HARRY REID, 2. INFRASTRUCTURE REPAIR AND COASTAL of the state. Based on preliminary estimates, Senate Majority Leader, U.S. Capitol, RESTORATION Hurricane Gustav’s economic impact totals Washington, DC. Coastal Louisiana is home to 1.2 million $7–15 billion. Moreover, many small busi- Hon. MITCH MCCONNELL people and helps provide nearly 30 percent of nesses wounded by Hurricane Gustav had not Senate Minority Leader, U.S. Capitol, the energy consumed in the United States. yet recovered from damage previously in- Washington, DC. Hurricane Gustav interrupted access to these flicted by Hurricanes Katrina and Rita in DEAR SPEAKER PELOSI, LEADER REID, LEAD- energy resources and infrastructure. Addi- 2005. ER BOEHNER, AND LEADER MCCONNELL: For tionally, these storms caused significant The state proposes implementing a com- nearly two weeks, hundreds of thousands of damage to the communities in this coastal prehensive business recovery plan that ad- Louisiana residents have been without region and miles of coastal lands and wet- dresses immediate and near-term working power, clean water, and other necessities. lands. The state is requesting funding to re- capital needs and accelerates economic de- Millions of Louisianians were forced to evac- pair and improve protection to the 100-year velopment during the recovery period and uate their homes before Hurricane Gustav standard in south Louisiana. This would in- beyond. Suggested recovery options include: struck, and many have still been unable to clude the resources necessary to complete business recovery bridge loans, an extension return. The stress placed on communities, federally-authorized work in the Greater of existing GO Zone bonus depreciation dead- from a lack of electricity hampering people’s New Orleans area, Lafourche, Terrebonne, lines, an additional allocation of Gulf Oppor- ability to work and provide for their family, and to expedite delayed protection improve- tunity Zone bonds targeted at parishes im- to being split up from loved ones, to a vari- ments in St. Mary parish and studies for pacted by Gustav, and technical assistance ety of other difficulties, has been enormous. southwest Louisiana. In addition, we request for impacted small businesses. Similar as- The economic impact has also been signifi- funds for the construction of federally-au- sistance was provided after Hurricanes cant. With various bills to increase our do- thorized coastal restoration projects de- Katrina and Rita to help small businesses mestic energy production under consider- signed to restore coastal lands lost as a re- and their employees et back on their feet. ation, we strongly urge you to consider addi- sult of hurricanes. It is critical that we pro- tional measures to ensure the resiliency of vide comprehensive flood and hurricane pro- 5. EMERGENCY PREPAREDNESS AND READINESS the nation’s top producer of safe, secure do- tection, including both coastal restoration Every critical disaster demonstrates gaps mestic energy. Louisiana produces 22.2 per- and levee protection, for Louisiana’s entire in the existing system of preparedness, and cent of domestic crude oil and 10.5 percent of coast. identifies areas of critical needs to improve natural gas in the United States. As evi- Preliminary cost estimates for the repair the response to future storms. Local govern- denced in recent spikes in fuel prices, our na- of FHWA-eligible roads and bridges sus- ments have prioritized (1) prisoner transpor- tion is vulnerable to disruption to Louisi- tained as a result of Hurricane Gustav total tation and evacuation planning, (2) ana’s energy production. In addition to en- $160 million. Federal-aid highway damage es- watercraft accessibility, (3) enhanced fixed

VerDate Aug 31 2005 02:59 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.060 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8931 and mobile generator support, and (4) com- Barataria to pick up pieces. Mr. WARNER. Reserving the right to munications as critical elements to enhanc- St. John, St. Charles dig out, clean up. object, and I will object, I wish to ad- ing disaster preparedness. In addition, the 16,000 people at Blackham Coliseum— vise the Senator that the vote to take state is requesting $100 million for law en- waiting for help and assistance. place right now is on final passage. It forcement equipment and infrastructure re- Gustav, Ike set record for power outages in pairs that will support both preparedness Louisiana. has been agreed to by unanimous con- sent. Prior thereto, the distinguished and recovery functions. Similar assistance Finally, as my time draws near: was provided after Hurricanes Katrina and chairman raised the question of the Rita. Storm update: Gustav’s damage to Lou- package to which you refer. isiana crops estimated at hundreds of mil- 6. HEALTHCARE AND SOCIAL SERVICES DISASTER I, personally, approved of putting in lions of dollars. ASSISTANCE the amendment. It had been my hope, I The Louisiana Hospital Association esti- I wish to say on behalf of my friend say it is now no longer my hope, my mates that the total financial and oper- from Texas, we have some headlines we disappointment, that that could not be ational impact of Hurricane Gustav on Lou- received in Louisiana about Galveston achieved along with about 100 other isiana’s hospitals is as much as $302 million. and about the billions in storm damage The hospitals, many of which were still amendments from both sides of the to our neighbors in Texas, because we aisle. struggling with post-Katrina and Rita losses, have a situation that I hope our Con- have sustained reported losses of net rev- So at this time I have to object and enue, and have incurred costs for incre- gress will respond to before we leave ask the Chair for regular order for the mental salary and labor, sheltering and evac- here, some agricultural damage and vote. uation, facility damage and debris removal, storm damage for the Gulf Coast The PRESIDING OFFICER. Objec- and other non-ordinary costs attributable to States, and also to reach back and pick tion is heard. the storm. An adjustment of the Medicare up some of that damage we did not ad- Wage Index to address the higher cost of pro- dress in the Midwest floods. f viding services after 2005 and 2008 hurricanes I thank my colleagues for their un- CONCLUSION OF MORNING would provide significant relief and allow these institutions to continue administering derstanding. I yield the floor. BUSINESS critical medical services. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Morning Additionally, the hospitals are requesting ator from Connecticut. business is closed. funding for hazard mitigation and remedi- f ation for hardening of facilities and upgrad- f DEFENSE AUTHORIZATION ing of generator capabilities. It became ap- NATIONAL DEFENSE AUTHORIZA- parent during the event that many hospitals Mr. DODD. Madam President, I know TION ACT FOR FISCAL YEAR 2009 could not maintain optimally safe environ- the Senator from Michigan is maybe ments with the current capacity of their The PRESIDING OFFICER. Under generator systems. We are also deeply con- doing so, but as I understand it, there was objection raised to the consider- the previous order, the Senate will re- cerned about the lack of generator capacity sume consideration of S. 3001, which in our state’s nursing homes. Finally, the ation of a managers’ amendment re- the clerk will report. State of Louisiana is requesting $50 million garding, I guess, 100 amendments. One in SSBG funding to provide for mental of those amendments is a proposal of The assistant legislative clerk read as follows: health treatment, primary care medical Senator SHELBY and I, along with a services, and repair of damaged foster homes. A bill (S. 3001) to authorize appropriations These priorities are among the many chal- unanimous vote of our Banking Com- mittee, after lengthy discussion. It was for fiscal year 2009 for military activities of lenges still facing our state as we recover the Department of Defense, for military con- from Hurricane Gustav and do not represent the Iran sanctions proposal, which struction, and for defense activities of the an exhaustive list of recovery needs, espe- took a lot of work and effort to put to- Department of Energy, to prescribe military cially as we still assess damages caused by gether. personnel strengths for such fiscal year, and Hurricane Ike. It is with great hope for the This was a comprehensive package, for other purposes. future of the people of Louisiana that we re- widely endorsed across the country by quest this assistance and also request that it Pending: be included in the upcoming stimulus legis- organizations to give us the kind of le- Reid amendment No. 5290, to change the lation or any other legislative spending vehi- verage necessary for us to bring Iran to enactment date. cle. Lieutenant Governor Mitch Landrieu the negotiating table diplomatically to Reid amendment No. 5291 (to amendment and Commissioner of Agriculture Mike reduce the threat that their potential No. 5290), of a perfecting nature. Strain will be in Washington to discuss these nuclear arsenal poses to us, our allies, Mr. CARDIN. Madam President, I important recovery needs with you and your the State of Israel and others. rise today in support of the fiscal year staff. I appreciate the fact that the man- 2009 Defense Authorization Act, a crit- Sincerely, agers of this bill had included this ical piece of legislation that honors the GOVERNOR BOBBY JINDAL, State of Louisiana. amendment in their managers’ pack- men and women who are so honorably LT. GOVERNOR MITCH age. It would be a great travesty, in my serving in the Armed Forces and that LANDRIEU, view, for us to leave here having the provides our military with the tools it State of Louisiana. other body having adopted similar lan- needs to keep our country safe. COMMISSIONER OF guage. This is the one opportunity for I am most proud of the investments AGRICULTURE MIKE this body to embrace an economic this legislation makes in our military’s STRAIN, sanctions proposal which would give us most important resource—the men and State of Louisiana. tremendous leverage in our efforts to women who serve in uniform. Recog- Ms. LANDRIEU. I have a number of bring Iran to that table. nizing the strain multiple deployments the press accounts, and I will just read To lose that opportunity would be a and difficult economic times has placed for the RECORD the headlines that are serious loss of opportunity for this on our troops and their families, this pouring into my office each day from country. So, again, my dear friend bill increases military pay by 3.9 per- newspapers around the State. This one: from Virginia was here. Therefore, on cent. Ike badly damages Rita-ruined region. behalf of those of us on the committee, This bill goes further to make sure Hurricane Ike’s receding storm waters on Monday revealed a footprint of damage unanimously, the Dodd-Shelby Iran that we keep our military strong at a across coastal southwest Louisiana too simi- sanctions divestment nonproliferation time when two wars have overstretched lar and too soon after Hurricane Rita of 2005. amendment to the DOD authorization and overstressed our troops. The bill Storm report: Vermilion Parish sees tough bill, I ask unanimous consent that not- allows us to grow our military. By in- road ahead. withstanding any agreement with re- creasing the end strength of the Army, Again, a Parish hard hit just 3 years spect to S. 3001, it be in order for the Marine Corps, Air National Guard, and ago. Senate to consider amendment No. 5572 Army Reserve, we can reduce the stress Cameron Parish: ‘‘Still too much water.’’ and that the amendment be considered on our troops caused by multiple and These headlines are streaming into and agreed to and the motion to recon- extended deployments. And we can be my office. sider be laid upon the table. sure we have the troops we need to St. Mary Parish: Cypremort Point resi- The PRESIDING OFFICER. Is there meet future challenges in an ever more dents digging out of mud. objection? uncertain world.

VerDate Aug 31 2005 02:59 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.029 S17SEPT1 smartinez on PROD1PC64 with SENATE S8932 CONGRESSIONAL RECORD — SENATE September 17, 2008 This bill continues bonuses and in- prospect for reaching adequate rep- vote to support it. I also want to take centives that reward our military men resentation of minorities or women in a moment to congratulate Senator and women and encourage them to con- the higher military ranks in the next WARNER for his work on countless tinue their service. It provides new in- decade. I am proud that increasing the other critical pieces of legislation in centives to military psychologists and racial/ethnic and gender diversity of years past. I will miss his wise counsel nursing students to address the ongo- our military leadership has become a on issues of national and regional im- ing shortages in these critical areas. strategic priority for the Department portance, I will miss his good humor, The legislation prohibits the Adminis- of Defense. The Department commis- and I will miss his grace. I wish him tration’s proposed increase in sioned the Rand Corporation to make only the best in retirement. TRICARE fees for retirees and reserv- recommendations for how it could im- Mrs. HUTCHISON. Madam President, ists. prove. I rise today to speak about the 2009 De- While medical treatment for wound- Issued in 2008, the Rand Corporation’s fense authorization bill. I will vote in ed soldiers has improved dramatically report, titled Planning for Diversity, favor of this legislation primarily be- over the course of the wars in Iraq and found that the Department of Defense cause I support pay raises for our Afghanistan, too often that care is just remains ill prepared to retain and pro- troops, but I have some very serious too hard to access. I believe that man- mote minorities and women to leader- concerns about how this bill came to aging paperwork and scheduling ap- ship positions. Specifically, the De- the floor. pointments in a timely and efficient partment is still without a uniform This $612.5 billion measure will au- manner is just as much a part of qual- definition of diversity as well as a de- thorize spending for national security ity medical care as the treatment pro- partment-wide plan to guide, support, programs in the Defense and Energy vided by medics and surgeons. and streamline diversity efforts. On the departments. That includes $70 billion Last year this Congress acted aggres- heels of the 60th anniversary of inte- to fight the war on terror in Iraq and sively to address the red tape that kept gration of the Armed Forces, we can Afghanistan, and a 3.9 percent pay our wounded warriors from their doc- and must do better. raise for military personnel. I proudly tors and counselors. The Wounded War- I filed an amendment to the fiscal support those appropriations. rior Act allowed the Department of De- year 2009 Defense Authorization Act In the last year and a half, we have fense to address the substandard living that would jump start the creation of a made incredible progress in our war conditions, poor outpatient care and strategic plan for achieving this de- against the terrorists, and in building a bureaucratic roadblocks faced by in- partmental priority: ensuring diversity sustainable democracy in the heart of jured soldiers at Walter Reed and at all levels of the military. My amend- the Arab world. Since General Petraeus became the U.S. Senior Commander in around the country. ment would create a high-level task One month ago, I visited a soldier force to study the current state of di- Iraq. al-Qaida has been swept from its former strongholds in Anbar province transition unit at Ft. Meade, MD. I saw versity at all levels of the Armed and Baghdad. Roadside bomb attacks firsthand how hard our wounded war- Forces and make recommendations for and fatalities in Iraq have fallen by riors are working to recover from their improvement. The task force would nearly 90 percent. The Iraqis—through often devastating injuries. I saw a De- consist of senior members of the Armed organizations such as ‘‘The Sons of partment of Defense that has recom- Forces as well as individuals with ex- Iraq’’—are taking more responsibility mitted itself to making sure our pertise in cultivating and managing di- for their security. wounded warriors and their families versity in private or non-profit organi- General Petraeus recently left his po- get the care and support they need and zations. The task force would develop sition as Commanding General in Iraq deserve. This bill requires that the Sec- the first department-wide definition of to become the Commander of U.S. Cen- retaries of Defense and Veterans Af- diversity, evaluate existing policies for tral Command. The task of leading fairs continue the Senior Oversight encouraging diversity in and outside U.S. forces in Iraq now rests in the ca- Committee that oversees implementa- the military, and make recommenda- pable hands of GEN Ray Odierno. I tion of wounded warrior initiatives. tions for future action for increasing commend General Odierno on his pro- This high level leadership is critical if diversity at all levels and in all areas motion, and on behalf of all America, I we are going to continue to improve of the military departments. wish him success in completing the the quality of care we provide our The amendment builds on a provision ‘‘surge strategy.’’ troops. included in the House Defense Author- We must resist calls for premature Investments in growing the force as ization bill and incorporates comments withdrawal from Iraq and maintain our well as in providing fair pay and good by the Department of Defense. The De- presence there until victory is secure. benefits are smart investments in our partment stated in formal comments Today’s appropriations bill gives us the military’s most valuable resource. Our that it ‘‘welcome[s] the assistance that resources to continue that mission. military is only as strong as the skilled would come from the work proposed by However, the U.S. Senate has a long and dedicated men and women who the legislation.’’ history of allowing members of both serve. I am grateful to my colleagues in the the majority and the minority to offer Even with all the important provi- Congressional Black Caucus, especially amendments, debate changes, and en- sions in this bill, I think it can be even Congressman ELIJAH E. CUMMINGS, sure that the concerns and ideas of better. It’s been 60 years since Presi- Congresswoman DIANE E. WATSON, Con- every Senator are addressed. Tradition- dent Harry S. Truman ended racial seg- gressman HANK JOHNSON, and Congress- ally a majority of Senators will decide regation in the military. In the inter- man KENDRICK B. MEEK who have an issue after bipartisan deliberation. vening years, military leaders have worked so hard on this issue and on But in this case, the Senate majority come to believe that maintaining a this provision. I am very disappointed leader decided the issue with no input highly qualified, diverse military— today that the amendment could nei- from the minority. from the enlisted ranks to the four-star ther receive a vote nor be included in The 110th Congress has experienced a generals and admirals—is essential to the bill by unanimous agreement. I record number of cloture votes—due in the military’s ability to provide for our hope that as the managers of this bill no small part to the tactics employed national security. A military that work to finalize the fiscal year 2009 De- by the majority. The methods by which clearly reflects equal opportunity for fense Authorization Act, they will con- this bill came to the floor are not in everyone is critical, not only for mo- sider the language I have proposed to the best long-term interests of the Sen- rale, but also for readiness. Just look increase diversity at all levels of the ate. They are not in the best interests at the increasingly diverse enemies we Armed Forces. of the American people. The citizens of confront and the divergent environ- Mr. President, in closing, I commend our country deserve better. ments into which we send our troops. my colleagues Chairman LEVIN, Sen- I am glad that our brave service But despite future projections of mi- ator WARNER, and all the other mem- members will have the armaments and nority growth in the United States, a bers of the Armed Services Committee equipment they need, and that our vet- recent senior-level Department of De- for their hard work to craft and pass erans will have the health care and fense projection found virtually no this bill. I look forward to casting my other benefits they deserve.

VerDate Aug 31 2005 02:59 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.055 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8933 Once again, I will vote for this legis- place today against the U.S. embassy (The bill will be printed in a future lation because the risk to our soldiers in Yemen. edition of the RECORD.) and veterans is too great. Time simply I support our troops and I will not let Mr. NELSON of Florida. I move to re- ran out. But we should all be concerned them to lack for anything needed to do consider the vote and to lay that mo- by the manner in which this bill was their job or to keep them safe. But I tion on the table. presented. cannot countenance leaving them in The motion to lay on the table was Mr. BYRD. Madam President, I re- Iraq forever, with no limits placed on agreed to. gret that again this year I must vote their mission and no assurances by our f against the National Defense Author- commander in Iraq that this war is ization Act. I support many of the pro- making the United States any safer. DEPARTMENT OF DEFENSE AU- visions in this bill, which authorizes The PRESIDING OFFICER. Under THORIZATION ACT FOR FISCAL the activities of the Department of De- the previous order, all postcloture time YEAR 2009 is yielded back, the pending amend- fense, including important research, The bill (S. 3002) to authorize appro- ments are withdrawn, and the clerk development and procurement funding priations for fiscal year 2009 for the De- will read the title of the bill for the to improve our Armed Forces and the partment of Defense, to prescribe mili- operations and maintenance funding third time. The question is on the engrossment tary personnel strengths for such fiscal necessary to ensure the smooth run- year, and for other purposes, was con- ning of the military services over the and third reading of the bill. The bill was ordered to be engrossed sidered, ordered to be engrossed for a coming year. I support these activities, third reading, read the third time, and which not only benefit those service- for a third reading and was read the third time. passed, as amended, as follows: members currently serving overseas in Mr. LEVIN. Madam President, I ask (The bill will be printed in a future Afghanistan and Iraq, but also help for the yeas and nays. edition of the RECORD.) build a strong and effective military The PRESIDING OFFICER. Is there a f for the future. I applaud the fine work sufficient second? of Senator LEVIN and Senator WARNER There appears to be a significant sec- MILITARY CONSTRUCTION AU- and the staff of the Committee on ond. THORIZATION ACT FOR FISCAL Armed Services for their efforts in put- The yeas and nays are ordered. YEAR 2009 ting together a bill that is, in most The clerk will call the roll. The bill (S. 3003) to authorize appro- The legislative clerk called the roll. ways, a good piece of legislation. priations for fiscal year 2009 for mili- However, S. 3001 also provides au- Mr. DURBIN. I announce that the tary construction, and for other pur- thorization for the funding of contin- Senator from Delaware (Mr. BIDEN), poses, was considered, ordered to be en- ued operations in Iraq at levels re- the Senator from Massachusetts (Mr. grossed for a third reading, read the quested by the Bush administration KENNEDY), and the Senator from Illi- third time, and passed, as amended, as and without any provision to either nois (Mr. OBAMA) are necessarily ab- follows: transition the military mission in Iraq sent. (The bill will be printed in a future or to bring our troops home. In my My KYL. The following Senator is edition of the RECORD.) view, providing this funding without necessarily absent: the Senator from conditions, without strings attached, is Arizona (Mr. MCCAIN). f The PRESIDING OFFICER. Are there unacceptable. DEPARTMENT OF ENERGY NA- In my view, the Congress should not any other Senators in the Chamber de- TIONAL SECURITY ACT FOR FIS- continue to write blank checks for the siring to vote? CAL YEAR 2009 prosecution of this apparently endless The result was announced—yeas 88, war in Iraq. In effect, this bill also pro- nays 8, as follows: The bill (S. 3004) to authorize appro- vides a congressional authorization to [Rollcall Vote No. 201 Leg.] priations for fiscal year 2009 for defense fund the continuation of President YEAS—88 activities of the Department of Energy, Bush’s policy in Iraq into 2009, without Akaka Dorgan Mikulski and for other purposes, was considered, any strings attached. Amendments Alexander Durbin Murkowski ordered to be engrossed for a third filed that would have limited the mis- Barrasso Ensign Murray reading, read the third time, and Baucus Enzi Nelson (FL) passed, as amended, as follows: sion of U.S. forces in Iraq were not Bayh Feinstein Nelson (NE) even considered during debate on the Bennett Grassley Pryor (The bill will be printed in a future bill. That is truly unfortunate. Bingaman Gregg Reed edition of the RECORD.) Bond Hagel Reid Mr. NELSON of Florida. I suggest the Continuing to prosecute this war at Boxer Harkin Roberts the current rate is straining our mili- Brown Hatch absence of a quorum. Rockefeller Brownback Hutchison The PRESIDING OFFICER. The tary to the breaking point. Many units Salazar and individuals are enduring their Bunning Inhofe clerk will call the roll. Burr Inouye Schumer third and fourth rotations to Iraq, and Cantwell Isakson Sessions The legislative clerk proceeded to because no limits have been placed on Cardin Johnson Shelby call the roll. the mission or force levels, there is no Carper Kerry Smith Mr. LEVIN. I ask unanimous consent Casey Klobuchar Snowe that the order for the quorum call be end in sight, despite efforts to declare Chambliss Kohl Specter the surge a success in bringing sta- Clinton Kyl Stabenow rescinded. bility to Iraq. More and more military Cochran Landrieu Stevens The PRESIDING OFFICER (Mr. analysts are warning that the U.S. Coleman Lautenberg Sununu SALAZAR). Without objection, it is so Collins Leahy Tester ordered. Armed Forces are at risk for becoming Conrad Levin Thune a ‘‘hollow force,’’ as happened after the Corker Lieberman Voinovich Mr. LEVIN. Mr. President, this bill is Vietnam conflict, putting our entire Cornyn Lincoln Warner the 47th consecutive national defense Craig Lugar Webb authorization bill that has come out of Nation at greater risk. Crapo Martinez Whitehouse Our military commanders in Afghan- Dodd McCaskill the committee and been brought to the Wicker Dole McConnell istan are urgently requesting addi- Wyden Senate floor for debate and passage. tional and substantial numbers of Domenici Menendez Every year since 1961, the Senate has troops to counter the rising violence NAYS—8 met the challenge, overcome obstacles, there, but there are few troops to spare Allard DeMint Sanders and negotiated ourselves to the point for them. As a result, we risk losing Byrd Feingold Vitter of final passage. Because of the vital whatever gains have been made there, Coburn Graham importance of this bill to the men and in the actual central front of the war NOT VOTING—4 women of our Armed Forces and to the on terror and the hunt for Osama bin Biden McCain Nation, this was a bill that was worth Laden and the al-Qaida organization. Kennedy Obama fighting for for passage. It is part of We must win that fight, there, or face The bill (S. 3001), as amended, was the rich tradition of the Senate. We all more attacks like the one that took passed, as follows: can be proud of that tradition.

VerDate Aug 31 2005 02:59 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.027 S17SEPT1 smartinez on PROD1PC64 with SENATE S8934 CONGRESSIONAL RECORD — SENATE September 17, 2008 It is also part of our custom to thank next few days. So thank you to our Harry Reid, Max Baucus, Sherrod Brown, our staffs and Members. For some this staff. They deserve tremendous rec- Thomas R. Carper, Robert Menendez, sounds routine, but it never should be. ognition for their professionalism. As Sheldon Whitehouse, Richard Durbin, My thanks go to the ranking mem- an expression of the gratitude of the Ron Wyden, Jon Tester, Patrick J. Leahy, Charles E. Schumer, Dianne ber, Senator MCCAIN. His leadership members of our committee, I ask unan- Feinstein, Claire McCaskill, Ken helped forge this bill through the com- imous consent that the names of the Salazar, Benjamin L. Cardin, Daniel K. mittee. members of our staff be printed in the Inouye, Christopher J. Dodd. I next acknowledge our former chair- RECORD. Mr. REID. Mr. President, I now with- man particularly, Senator WARNER, be- There being no objection, the mate- draw that motion. cause of everything he did to make this rial was ordered to be printed in the The PRESIDING OFFICER. The mo- bill possible and to get to the point RECORD, as follows: tion is withdrawn. where we are today. Working within STAFF OF THE COMMITTEE ON ARMED SERVICES f arm’s reach of JOHN WARNER for the Richard D. DeBobes, Staff Director; Mi- past 29 years has truly been one of the chael V. Kostiw, Republican Staff Director; RENEWABLE ENERGY AND JOB highlights, if not the highlight, of my June M. Borawski, Printing and Documents CREATION ACT OF 2008—MOTION Senate career. He is truly a good Clerk; Leah C. Brewer, Nominations and TO PROCEED friend, not just to me and my wife Bar- Hearings Clerk; Joseph M. Bryan, Profes- bara but also to this institution and to sional Staff Member; William M. Caniano, CLOTURE MOTION the Nation. He has stood watch over Professional Staff Member; Jonathan D. Mr. REID. Mr. President, I move to Clark, Counsel; Ilona R. Cohen, Counsel; national defense for almost three dec- proceed to Calendar No. 767, H.R. 6049, David G. Collins, Research Assistant; Chris- and I believe there is a cloture motion ades, with unwavering dedication. Be- tine E. Cowart, Chief Clerk; Madelyn R. fore that, he stood watch because of his Creedon, Counsel; Kevin A. Cronin, Staff As- at the desk that the clerk will report. being Secretary of the Navy. Because sistant; Marie F. Dickinson, Administrative The PRESIDING OFFICER. The clo- of his being in the Navy, the Marines, Assistant for the Minority; Gabriella Eisen, ture motion having been presented he is truly a profile in courage. Next Counsel; Richard W. Fieldhouse, Professional under rule XXII, the Chair directs the year, we promise we will pick up his Staff Member; Creighton Greene, Profes- clerk to read the motion. banner. We will carry on in his honor, sional Staff Member; Gary J. Howard, Sys- The assistant legislative clerk read tems Administrator; Paul C. Hutton IV, Pro- as follows: just as he has always done for the Na- fessional Staff Member; Mark R. Jacobson, tion. Professional Staff Member; Gregory T. Kiley, CLOTURE MOTION I thank our majority leader, Senator Professional Staff Member; Jessica L. King- We, the undersigned Senators, in accord- REID, and his floor staff and give them ston, Staff Assistant; Michael J. Kuiken, ance with the provisions of rule XXII of the a special word of thanks for giving us Professional Staff Member; Mary J. Kyle, Standing Rules of the Senate, hereby move the time to get this bill to the Senate Legislative Clerk. to bring to a close debate on the motion to and through the Senate. Christine G. Lang, Receptionist; Gerald J. proceed to Calendar No. 767, H.R. 6049, the Renewable Energy and Job Creation Act of To our committee members, thanks Leeling, Counsel; Peter K. Levine, General Counsel; Thomas K. McConnell, Professional 2008. for your great work on a bipartisan Staff Member; Michael J. McCord, Profes- Harry Reid, Max Baucus, Sherrod Brown, basis the entire year. This bill could sional Staff Member; William G. P. Thomas R. Carper, Robert Menendez, not have gotten to this point, with all Monahan, Counsel; David M. Morriss, Minor- Sheldon Whitehouse, Richard Durbin, of our problems, all the bumps in the ity Counsel; Lucian L. Niemeyer, Profes- Ron Wyden, Jon Tester, Robert P. road—and there are many that lie sional Staff Member; Michael J. Noblet, Pro- Casey, Jr., Patrick J. Leahy, Charles E. ahead—but we could not have gotten to fessional Staff Member; Ali Z. Pasha, Staff Schumer, Dianne Feinstein, Claire this point without the bipartisan sup- Assistant; Christopher J. Paul, Professional McCaskill, Ken Salazar, Benjamin L. Cardin, Daniel K. Inouye, Christopher port of the Armed Services Committee Staff Member; Cindy Pearson, Assistant Chief Clerk and Security Manager; John H. J. Dodd. and our staff. Quirk V, Security Clerk; Lynn F. Rusten, f We have one-quarter of the Senate on Professional Staff Member; Brian F. Sebold, our committee. We have worked to- Staff Assistant; Arun A. Seraphin, Profes- MORNING BUSINESS gether in committee, and our dif- sional Staff Member; Travis E. Smith, Spe- ferences on this bill did not divide us, cial Assistant; Robert M. Soofer, Profes- Mr. REID. Mr. President, I now ask as we reported the bill by unanimous sional Staff Member; William K. Sutey, Pro- unanimous consent that the Senate vote. fessional Staff Member; Diana G. Tabler, proceed to a period of morning busi- To Charlie Armstrong in the Office of Professional Staff Member; Mary Louise ness, with Senators allowed to speak the Senate Legislative Counsel, thank Wagner, Professional Staff Member; Richard therein for up to 10 minutes each. F. Walsh, Minority Counsel; Breon N. Wells, The PRESIDING OFFICER. Without you for drafting about 300 amendments. Staff Assistant. We wish more of them could have been objection, it is so ordered. Mr. LEVIN. Mr. President, I yield the adopted, but, nonetheless, they had to Mr. REID. I suggest the absence of a floor. be drafted, and we had to do what we quorum. The PRESIDING OFFICER. The ma- do, which is to do everything we can to The PRESIDING OFFICER. The jority leader is recognized. get Members’ amendments passed. clerk will call the roll. To our committee staff members, f The assistant legislative clerk pro- thank you. That is about all we can ADVANCING AMERICA’S PRIOR- ceeded to call the roll. say. You have earned our thanks and ITIES ACT—MOTION TO PROCEED Mr. BROWN. Mr. President, I ask the recognition of the Senate for the unanimous consent that the order for CLOTURE MOTION time and dedication you have shown on the quorum call be rescinded. Mr. REID. Mr. President, I move to this legislation. Rick DeBobes, who is The PRESIDING OFFICER. Without proceed to Calendar No. 894, S. 3297, our staff director, and Mike Kostiw, objection, it is so ordered. and I send a cloture motion to the who is our Republican staff director, desk. f and their talented staffs worked amaz- The PRESIDING OFFICER. The clo- THE ECONOMY ingly hard. ture motion having been presented We have a lot of work ahead of us to Mr. BROWN. Mr. President, since I under rule XXII, the Chair directs the get to the point where we can pass a took office last year, I have held more clerk to read the motion. bill in the next couple of weeks. We The legislative clerk read as follows: than 115 roundtables in nearly all of have a huge amount of work. I hate to Ohio’s 88 counties—from Ashtabula to CLOTURE MOTION tell them that, but they know it. They Cincinnati, from Bryan the Gallipolis— also know, I hope, how appreciated We, the undersigned Senators, in accord- as I bring together 15 or 20 people from ance with the provisions of rule XXII of the they are. They work 24/7, and they Standing Rules of the Senate, hereby move a community and listen to them talk work magic, and they always seem to to bring to a close debate on the motion to about their hopes and their dreams and believe that sleep is overrated. It is proceed to Calendar No. 894, S. 3297, the Ad- what we can do together to make Ohio not. I hope they can get some in the vancing America’s Priorities Act. a better place and to move this country

VerDate Aug 31 2005 02:59 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.064 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8935 forward. But more than anything else, sands in my State of Ohio. In fact, you ture in Lima and in Portsmouth and in as I listen to people in communities have to go back more than 15 years, to Chillicothe. Perhaps most troubling of such as Bucyrus and Mansfield and December 1992, to find a time when all, Republicans are still, unbelievably Wauseon, I hear about widespread eco- more Americans were forced to rely on enough, pushing for the privatization nomic anxiety and a betrayed middle the Government for their income. of Social Security. Can my colleagues class. In my State of Ohio, middle class imagine—Senator SANDERS and I were Ohioans have understood that for workers are facing even more bad news. talking about this a moment ago—if 3 years, especially in the first 6 years of DHL, the cargo express carrier, has an- years ago, when George Bush, DICK the Bush administration, this govern- nounced that more than 8,000 workers CHENEY, and JOHN MCCAIN were fight- ment allowed the drug companies to at Wilmington Air Park, the largest ing to privatize Social Security, and write the Medicare laws, allowed the privately owned airport in the United people in this institution, including oil industry to dictate energy policy, States, will lose their jobs. Norwalk Leader REID and Senator SANDERS, had allowed Wall Street to push Furniture halted operations earlier when he was in the House of Represent- through job-killing trade agreements this month, sending 500 employees atives, and many of us fought against through the House and the Senate. home. General Motors is closing its that privatization of Social Security— They feel the middle class was be- plant in Moraine, a decision that will can my colleagues imagine if that had trayed by our Government. I hear from cost 1,200 Ohioans their livelihoods. passed in early 2005? If the President Ohioans worried about record high gas Do you know what. The worst part is and Senator MCCAIN had had their way prices, worried about food prices, wor- this: The administration is proud of on the privatization of Social Security, ried about good-paying jobs continuing this record. They are proud of the free can my colleagues imagine what this to move overseas, worried about health trade agreements that have protected week would look like? Can my col- insurance that costs more and covers corporate interests, that have elimi- leagues imagine, if 50 million retired less. nated good-paying manufacturing jobs, Americans had had their entire life Some of these worries can be blamed that have brought unsafe food, drugs, savings locked up in the stock mar- in part on our current recession, but and toys into American homes. They ket—can my colleagues imagine 50 mil- that misses the larger point. For the are proud of these free trade agree- lion Americans opening their Social last 7 years, the labor force workers ments, and they want more of them. Security records, their mailing they have worked harder and harder, leading They are proud of the tax cuts that get from Social Security and looking to huge gains in productivity. The pro- went overwhelmingly to the wealthy at what happened to their private ac- ductivity of workers in our economy and ignored the plight of the middle counts; money they had put in the has gone up like this. Yet CEOs’ sala- class. We know what that has meant. It stock market because George Bush and ries and bonuses went through the roof has meant budget deficits as far as the JOHN MCCAIN insisted on this risky while middle class Americans’ wages eye can see. It has meant more money scheme to privatize Social Security? stagnated and more families slipped for the wealthiest people in this soci- Can my colleagues imagine what that below the poverty line. Again, produc- ety, paid for by the middle class, and would do to seniors in our society? Can tivity has gone up like this, meaning paid for by our children and our grand- my colleagues imagine what that workers are creating more wealth for children of the future. Yet they are would do to their future—if you are 65 their employers, but wages have been proud of these tax cuts that go over- and already on Social Security, if you stagnant for 80 or 90 percent of the whelmingly to the rich. The adminis- are 50 and your mother is on Social Se- workforce. tration is proud of the financial de- curity, if you are about to join the In other words, as workers have pro- regulation that allowed greed on Wall ranks of Social Security? Can my col- duced more, as workers have been more Street to run amok. leagues imagine what one would think productive, as workers have made more These days, Republicans respond to with food prices going up, with gas money for their bosses, if you will, critics by saying: Things aren’t so bad. prices going up and all of a sudden, be- they simply have not shared in the JOHN MCCAIN, our colleague from Ari- cause you have these John McCain- wealth they created. They are not get- zona, said: The foundations of the econ- George Bush privatized Social Security ting raises. They are paying more for omy are strong. Former Senator Phil accounts, can my colleagues imagine health insurance, they are seeing their Gramm, the mentor of Senator what would be happening to their lives pensions begin to disintegrate, as they MCCAIN, the chief economic adviser to this week and the weeks ahead? are making more and more money for Senator MCCAIN, said: The recession is Despite 7 years of this tired thinking their employer. in our heads. It is a mental recession, At the same time, while China ma- he said. and of the wrong-headed economic poli- nipulated its currency and ignored I guess if you think things are going cies that betray our middle class, labor and environmental standards, well, you advocate for more of the American workers are standing strong corporations took the bait and aban- same, which is why Republicans con- and continuing to fight for a better fu- doned American communities. While tinue to push for more tax cuts for cor- ture. hedge fund managers irresponsibly le- porations that outsource jobs overseas, At my roundtables—as I mentioned, I veraged real estate holdings, millions pushing more energy policies that en- have done some 1,500 roundtables in of Americans lost their homes to fore- rich oil companies and reinforce our most of Ohio’s 88 counties, in Cam- closures. In other words, while Wall dependence on foreign oil, pushing for bridge and in Steubenville and in Defi- Street enjoyed an inflated stock mar- more subsidies for private HMOs par- ance and in Miami County, all over—I ket and a so-called economic expan- ticipating in Medicare, pushing more still hear the hope and determination sion, most Americans actually became antiunion policies that undercut work- that defines this great Nation. I hear worse off. ers’ power to bargain collectively and from community leaders. I hear from In the last few weeks, we know join the middle class, pushing for more entrepreneurs with exciting plans for things have gotten worse. The Govern- hypocrisy that says we can afford to the future. What is happening with the ment has been forced to seize Fannie spend $10 billion a month in Iraq; we incubator in Youngstown? What is hap- Mae and Freddie Mac. Lehman Broth- just cannot find the money to help un- pening with small business in Dela- ers, an institution on Wall Street for insured children in Columbus or Zanes- ware? I hear about what people in 150 years, filed for bankruptcy on Mon- ville or Dayton or Chillicothe or Mansfield, my hometown, are doing to day. It is also reported that for the 8th Springfield or Xenia. fight back. I hear from small business straight month, our Nation has lost In fact, since we had our last vote, owners who are continuing to do the jobs. The national unemployment rate about an hour ago, we have spent some right thing. I hear from their loyal is now 6.1 percent—a 5-year high. We $19 million on the war in Iraq. In the workers who take pride in their work know what happened to AIG today. last hour, we have spent about $19 mil- and are valued by their employers. Mr. President, 9.4 million Americans lion on the war in Iraq. Think what They tell us we need a government are officially unemployed, 2.2 million that could do for health care, for edu- that similarly values loyalty and work more than a year ago—tens of thou- cation, for rebuilding our infrastruc- ethic.

VerDate Aug 31 2005 02:59 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.066 S17SEPT1 smartinez on PROD1PC64 with SENATE S8936 CONGRESSIONAL RECORD — SENATE September 17, 2008 For too long, those in power have and harder to get a mortgage or a there are many economists who believe simply turned their back on American home equity line of credit. They are the volatility and the high price of oil workers. They have ignored their needs seeing the equity in their homes going today is not supply and demand pri- and their dreams—the dreams of the down, and they are seeing the values of marily, but it is because of speculation middle class. They have instead ca- their savings, including their 401(k) on the part of financial institutions tered to the wealthiest Americans. We savings, plummeting. What anxiety is and hedge funds. know that a strong middle class builds existing all over this country. People Now, as bad as things were yesterday, a prosperous society and is the engine have put money into their 401(k), the last night they got even worse. Last that makes this country go. But it stock market is going down rapidly, night, the Bush administration nation- doesn’t have to be the way we have and people are wondering what is going alized the world’s largest insurance seen in the last few years where this to take place for their economic future. company: AIG. The Bush administra- Government in Washington—that al- In terms of the energy crisis, the tion claimed it had to put $85 billion of lowed the drug companies to write the American people have been forced to taxpayer money at risk because AIG’s Medicare law; that allowed the oil in- pay tens of billions of dollars more in collapse would have brought down per- dustry to write energy policy; that al- inflated energy prices because of the haps our entire economy—the entire lows Wall Street to push through job- outrageous price levels caused by spec- economy of this country—and had a killing trade agreements—all of this ulation occurring in unregulated en- major impact on the entire world’s betrayal of the middle class from ergy markets. We have heard testi- economy. Let me ask the same ques- George Bush to DICK CHENEY to JOHN mony from energy economists who are tion about AIG today that I asked yes- MCCAIN, to far too many of my col- telling us that between 25 percent to 50 terday about the energy and financial leagues in this body and down the hall percent of the cost of a barrel of oil crises this country is facing, and that in the House of Representatives—peo- today has nothing to do with supply is: Is this bad luck? Why is this hap- ple have had enough of this betrayal of and demand, it has nothing to do with pening? We need to understand that, the middle class. It doesn’t have to be marketplace fundamentals; it has to do because the risks are enormous and the that way. The sooner we change direc- with speculation on the part of finan- amount of money we are dealing with— tion, the sooner our economic woes will cial institutions that are driving oil trillions and trillions and trillions of be behind us. prices higher, and now, by the way, dollars—is literally beyond comprehen- I yield the floor. with that money coming out of oil fu- sion. I think very few people can under- The PRESIDING OFFICER. The Sen- tures, driving prices down, creating a stand the scope and the magnitude of ator from Vermont is recognized. lot of volatility. what we are dealing with. Mr. SANDERS. Mr. President, I ask I laid out yesterday the connection Well, it turns out the AIG situation unanimous consent to address the Sen- between those two crises. Both of these is closely tied to the same rightwing ate. crises are tied to the same extreme economic ideology that has been push- The PRESIDING OFFICER. Without economic ideology—an ideology which ing us toward economic disaster, and objection, it is so ordered. says the Government should play no the responsibility for AIG’s near col- Mr. SANDERS. Mr. President, let me role—or a minimum role—in protecting lapse lies, again, with that same phi- begin by concurring with Senator consumers; that we should put all of losophy which has been led by former BROWN. He raised a very important our trust in the honesty and the integ- Senator Phil Gramm. issue, and that is: In the midst of a rity of the heads of large multinational As a very recent online article from major economic crisis, when people corporations. Time magazine explains, AIG’s tradi- today—especially senior citizens on I should mention that both of these tional insurance business seems to be fixed incomes—are wondering about crises are also tied to the work of one doing well in what they have been how they are going to heat their former Member of the U.S. Senate, and doing for many years. They are, in homes, how they are going to purchase that is the former chairman of the Sen- fact, making money. But what AIG got the food they need—I wonder about 3 ate Banking Committee, Phil Gramm involved in was more than the tradi- years ago, had we listened to President of Texas. To a significant degree, a lot tional insurance business. They got in- Bush, if we had listened to JOHN of what we are experiencing today is volved in risky derivative schemes that MCCAIN, if we had listened to the Re- related to the disastrous changes to about three people in the world under- publican leadership and we had Federal law that deregulated both the stand called credit default swaps, or privatized Social Security—can one energy industry and the financial in- CDS’s that allow big companies to begin to imagine the anxiety that dustry, and that effort was led by guarantee each other’s risky lending would be existing all over this country former Senator Gramm. practices. This is extremely com- in terms of senior citizens wondering To recap, as chairman of the Senate plicated stuff—a long way away from what kind of retirement they would Banking Committee in 1999, then-Sen- where we were 10 or 15 years ago. have, what kind of funding would be ator Phil Gramm, spearheaded legisla- Now in order to give the American there for their remaining years? So tion that bears his name, and that is people a full understanding of the risks thank goodness we did not follow the the so-called Gramm-Leach-Bliley bill posed by these unregulated credit de- advice of President Bush and JOHN that broke down critical regulatory fault swaps—unregulated credit default MCCAIN and the Republican leadership; safeguards that the Government put in swaps—I wish to read a short Sep- thank goodness we kept Social Secu- place after the Great Depression to pre- tember 15 article by Professor Peter rity strong. vent exactly what we are experiencing Cohen, a graduate of the Wharton Yesterday I came to the floor to dis- today. Having laid the groundwork for School, that deals with the full scope cuss the interconnection of the two our crisis in the financial sector, the of the problem we face and the role great crises that are currently facing very next year, amazingly enough, Sen- that Senator Gramm had in its cre- our country. The first, of course, is the ator Gramm is credited with slipping ation. I apologize to anybody who is financial crisis—the collapse of major legislation into a largely unrelated bill listening. What is following is tech- Wall Street firms—and secondly is the that deregulated the electronic energy nical, it is a bit boring, but when we very serious problem of high and vola- market. Shockingly, when he slipped are dealing with trillions of dollars, I tile energy prices, whether it is $3.70 this measure into the law, a measure think it is important that we try to un- for a gallon of gas to put in your car, we now know as the Enron loophole, derstand this. This is what Professor or whether it is very high oil prices Senator Gramm’s wife, Wendy Gramm, Cohen writes: this coming winter to heat your home. had recently been on the board of di- Both of these problems clearly are hav- rectors of—you guessed it—the Enron Lurking in the background of this week- end’s collapse of two of Wall Street’s biggest ing a major impact on middle-income Corporation. names is a $62 trillion segment of the $450 families from one end of this country This deregulation of the energy mar- trillion market for derivatives that grew to the other. kets has allowed speculators to drive huge thanks to John McCain’s chief eco- In terms of the financial crisis, the up the price of a barrel of oil to as high nomic advisor, Phil ‘‘Americans are Whin- American people are finding it harder as $147 and, as I mentioned earlier, ers’’ Gramm.

VerDate Aug 31 2005 04:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.067 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8937 Let me just go through these num- ‘‘The Commodity Futures Modernization economy, if it is too big to fail, then it bers again, because these numbers are Act freed them of Federal oversight . . . ’’ is too big to exist. If it is too big to so huge. When the Presiding Officer And it was due to these CDSs that Wall fail, it is too big to exist. We need, as and I represent our State, we fight for Street held an emergency session yesterday a Congress, to assess which companies to try to minimize the damage of Lehman’s a few million dollars here and a few CDSs and other derivatives. Unfortunately, fall in this category. Bank of America million dollars there, and that makes a the session did not produce much, thanks to is certainly one of them. Those compa- lot of difference to the people of Colo- the built-in lack of knowledge of the risks in nies need to be broken apart. We can- rado or the people of Vermont. What these transactions that Gramm’s legislation not have companies so huge that if we are dealing with is so incomprehen- ensured. You are going to be reading more they go under they take the world sible: It is a $62 trillion segment of the and more about CDSs over the months economy with them. $450 trillion market for derivatives. ahead. Then once we break them up, if a Who can even understand what that Professor Cohen continues: company wants to act in a risky man- means? A $450 trillion market, what It will become as familiar as the phrase ner, if they want to take risks in order does that mean? subprime mortgage— to make some quick bucks, that is OK. Now, all of this occurred, all of this Which, unfortunately, many of us If they want to take the risk and they deregulated activity, of which the Gov- now are familiar with— want to lose money, that is OK. The ernment plays no role, took place be- was in the year 2007. Unfortunately— American people should not have to, cause in December of 2000, Senator Get this, this is quite amazing— and would not be under those cir- Gramm snuck in—snuck in—a 262-page there were ‘‘only’’ $1.3 trillion worth of cumstances, be left to pick up the amendment. That is what goes on subprime mortgages and the CDS market is pieces. around here. We can sneak in 262-page 48 times bigger than that. Finally, in terms of dealing with this amendments to a government reau- Forty-eight times bigger than the unfolding disaster, we need to make thorization bill that created what is subprime market— sure working Americans, the middle now the $62 trillion market for credit and more than four times bigger than the class, do not foot the bill. If the eco- default swaps, or CDS’s. U.S. GDP. And since nobody has ever had to nomic calamity requires a Federal Continuing to quote: deal with this volume of CDS unwindings, it bailout, it should be paid for by those I realize it is painful to read about yet an- is impossible to calculate how much they people who actually benefited from the will cost. other Wall Street acronym, but this is im- reckless behavior of people empowered portant because it will help us understand In other words, what has happened as by the extreme economic views of Sen- why the global financial markets are col- a result of Senator Gramm’s legisla- lapsing. CDSs are like insurance policies for ator Gramm, President Bush, Senator tion is, unbelievable amounts of money MCCAIN, and many others. bondholders. In exchange for a premium, the have been traded, accumulated without bondholders get insurance in case the bond- In other words, the point I am mak- holder can’t pay. . . . In the case of the 1.4 anybody really knowing what is going ing is that in the last 10 years, many of trillion dollars’ worth of Fannie Mae on. Now we are left trying to pick up these people have made billions and and Freddie Mac bonds, the Govern- the remains of those problems. billions of dollars. It is unfair to sim- Professor Cohen’s article is compel- ment’s nationalization last Sunday ply ask the middle-class working fami- ling because it tells us how huge this triggered the CDSs on those bonds. The lies who are trying to figure out how crisis is and why we have every reason people who received the CDS premiums they are going to pay their fuel bills, to fear that AIG may well be just the are now obligated to deliver those how they are going to send their kids first of many companies involved in bonds to the ones who paid the pre- to college, to bail out these large insti- risky investments that the American miums. tutions from which many people made Professor Cohen continues: people will have to bail out. The time for hand wringing is over. huge amounts of profits. Gramm’s 262-page amendment, dubbed We don’t talk about this too often, ‘‘The Commodity Futures Modernization This Congress needs to put an end to the radical deregulation that was but today the wealthiest one-tenth of 1 Act’’— percent earns more income than the We have heard that term— pushed by Senator Phil Gramm and many other Republicans, and there bottom 50 percent. The top 1 percent ‘‘The Commodity Futures Modernization owns more wealth than the bottom 90 Act,’’ according to the Texas Observer, freed were Democrats who went along with that as well. We need to put the safety percent. And the wealthiest 400 Ameri- financial institutions from oversight of their cans in this country have not only seen CDS transactions. walls back up in the financial services their incomes double, their net worth That is the important thing, they be- sector. We need to regulate the elec- tronic energy markets. We need to end has increased by $640 billion since came deregulated. The Government no George W. Bush has been in office. longer was able to see what was going the use of unregulated credit default swaps. In other words, what we need to Can you believe that? Four hundred on. families, four hundred people, less than ‘‘Prior to its passage, they say, banks do once again is have the U.S. Govern- ment play an important role in pro- the Congress, have seen a $640 billion underwrote mortgages and were responsible increase in their wealth since Presi- for the risks involved.’’ tecting the people of this country against the greed of large corporate in- dent Bush has been in office. And, You went to a bank, you got a mort- amazingly, these 400 families are now gage, the bank took responsibility, terests. Unfortunately, the response from the worth over $1.5 trillion—400 families. they lost money, they made money, On average, they earn over $214 million that was the transaction. administration and Wall Street is not to do that but to push for further con- a year. ‘‘Now, through the use of CDSs—which in As a result of President Bush’s poli- theory insure the banks against bad debts— solidation in the financial services sec- those risks are passed along to insurance tor. Here is just an amazing thing. The cies, amazingly enough, their tax rates companies and other investors,’’ wrote the argument we are hearing over and over have been cut almost in half to only 18 Texas Observer. again is that AIG was too big to fail, percent on average. Amazingly, the Still, in Professor Cohen’s article: and what we are now creating are insti- wealthiest 400 Americans pay a lower How does this relate to Lehman’s bank- tutions that are even larger than AIG. tax rate than most police officers, ruptcy? ‘‘CDSs were a key factor in encour- And 10 years from now, when these in- teachers, firefighters, and nurses. So if aging lenders to feel they could make loans stitutions are threatened with collapse, you are one of the very wealthiest peo- without knowing the risks or whether the there will be people coming up saying: ple in this country, if you are earning loan would be paid back.’’ Oh my goodness, we can’t allow those $214 million a year on average, you pay When you and I were younger, Mr. to fail; we have to bail those out as a lower tax rate than somebody who is President, banks knew the people to well. a police officer, a teacher, a firefighter, whom they made loans. They didn’t This country can no longer afford or a nurse. give a loan to somebody they knew companies that are too big to fail. If a That may make sense to somebody; would not be able to pay it back. But company is so large that its failure it does not make sense to me. What that is no longer the case. would cause systemic harm to our does it say about us as a nation when

VerDate Aug 31 2005 04:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.068 S17SEPT1 smartinez on PROD1PC64 with SENATE S8938 CONGRESSIONAL RECORD — SENATE September 17, 2008 the middle class pays a greater per- But when it is AIG, when it is Bear There are few of us in the Senate who centage of their income in taxes than Stearns, my goodness, how quickly have not had contact with Philip and the wealthiest 400 Americans? they respond. If you are a CEO of a seen the effectiveness of his advocacy It is this very small segment of our large insurance company, they are on environmental and energy issues. population that has made out like ban- there for you. But if you are a working He formerly served on Tim Wirth’s dits—frankly, some of them are ban- mother whose kid does not have any staff when Tim served as a colleague of dits—during the Bush administration. health insurance: I am sorry, we can’t ours in the House of Representatives. We have to recognize that when we afford to take care of you. Under his guidance, the National En- talk about who is going to pay for the I can go on and on about the prior- vironmental Trust was one of the bailouts. ities established by this administra- major nongovernmental organizations In my view, we need an emergency tion. The American people should know that contributed to international sum- surtax on those at the very top in order this President wanted to cut emer- mits and agreements on climate to pay for any losses the Federal Gov- gency food assistance for nearly a half change-related issues. ernment suffers as a result of efforts to million seniors, mothers, and children. I wish to express my condolences to shore up the economy. It should not be He wanted to cut job training for his family and to his many colleagues hard-working people who are trying to 161,000 people and cut childcare assist- here and abroad who will greatly miss figure out how they are going to keep ance for 200,000 children. There is not him and his leadership on these issues. their families economically above enough money to take care of those f water, people who are working longer people. I guess they don’t make a hours for lower wages, people who have whole lot of campaign contributions. LEGAL DRINKING AGE lost their health care, people who can- The President wanted to raise fees on Mr. BARRASSO. Mr. President, the not afford to pay their fuel bills this veterans getting health care, which we, debate over the legal drinking age has winter. Those are not the people who of course, stopped. He fought giving 3 continued for decades. should be asked to pay for this bailout. million children access to health care. As a physician and surgeon, I have If there is a bailout that has to be paid He wanted to cut $1 billion from rural repeatedly dealt firsthand with the for, it should be the people, the seg- housing when we have a major housing traumatic results of underage drink- ment of society that has benefited from crisis in rural America. ing. Bush’s economic and tax policies over No money for children who don’t Recently, a number of college presi- the last 8 years. have any health insurance, no money dents from across the country signed a Before I complete my remarks, I for people living in dilapidated hous- public statement petitioning that the would like to step back for a minute ing, no money available for veterans current legal drinking age be lowered and examine this current crisis in the health care. We can’t do that. But if to age 18. context of whom our Government rep- you are AIG, if you are a large corpora- I believe changing this law would resents. tion, this Government is there for you. pose a danger to our youth and commu- What does it say about an adminis- These people, working families, sen- nities. tration that is prepared to put $85 bil- iors, veterans, the unemployed—their Wyoming’s First Lady, Nancy lion at risk to bail out AIG but fights problems do not warrant, apparently, Freudenthal, wrote an important edi- tooth and nail against dealing with the an urgent response from the President. torial addressing drinking on college But big insurance companies, big in- economic crises facing working fami- campuses. It was printed in the Wyo- vestment houses, companies that get lies in this country? Mr. President, $85 ming Tribune Eagle and the Casper engaged in risky subprime lending and billion at risk for AIG, some $30 billion Star Tribune. I believe Mrs. credit swaps, my, my, how quickly we for Bear Stearns, perhaps trillions for Freudenthal presents a compelling ar- respond to them. gument for keeping the minimum Fannie Mae and Freddie Mac. For The American people deserve better. drinking age at 21. those folks there seems to be an end- We need to reject the failed economic I ask unanimous consent to have the less supply of money. Don’t the Amer- policies and priorities of George W. ican people deserve a Government that editorial to which I referred printed in Bush and JOHN MCCAIN. Americans the RECORD. There being no objection, views their economic needs as being as need a Government that is not going to the material was ordered to be printed important as the health of large cor- let the rich and large corporations loop porations and Wall Street executives? our economy. Americans need a Gov- in the RECORD, as follows: Since President Bush has been in of- ernment that will put regulatory fire- LOWERING THE DRINKING AGE IS NOT A GOOD fice, nearly 6 million Americans have walls back up in the financial sector IDEA slipped out of the middle class and into and end the use of unregulated credit (By Nancy Freudenthal) poverty. What was the administra- swaps. Americans need a Government When the leaders of our nation’s institu- tion’s response? Was there a bailout for that is going to prevent speculators tions of higher learning have something to those people who lost good-paying jobs from robbing them at the gas pump. say, we naturally assume that it will be well- and are now working for significantly reasoned, responsible and grounded in fac- Americans need a government that tual evidence. That is why it was dis- lower wages? Did President Bush come breaks up companies that are too big and say we have to protect those kids appointing to see more than 100 college to fail. Americans need a government presidents and chancellors have signed on to in a society which has the highest rate that is going to view their problems as what is now being called the Amethyst Ini- of childhood poverty of any major seriously as they view the problems of tiative, which seeks to lower the legal drink- country? Are we going to bail out those corporate America. Our job is to give ing age from 21 to 18 because, as its pro- families? I didn’t hear that from the the American people that kind of gov- ponents claim, ‘‘Twenty-one is not work- White House. ing.’’ ernment. I am very pleased the University of Wyo- Over 7 million Americans have lost Mr. President, I yield the floor. their health insurance. More than 4 ming has not signed on to this initiative, and f million Americans have lost their pen- in fact is addressing drinking on campus on PHILIP CLAPP many fronts, including ‘‘education, training, sions. Over 3 million manufacturing enforcement and changing the environment jobs have been lost. Total consumer Mr. BINGAMAN. Mr. President, I around alcohol use,’’ according to Dean of debt has more than doubled since wish to speak very briefly to express Students Dave Cozzens. President Bush has been in office. Me- my sadness on the death of Philip By viewing this issue through the narrow dian income for working-age Ameri- Clapp, who was the president and chief lens of alcohol-related problems on campus, cans has gone down by over $2,000 after executive officer of the National Envi- these college presidents are ignoring the inflation. Where has the Bush adminis- ronmental Trust, from its founding in broader societal implications of throwing in tration been in bailing out those fami- 1994 until it merged with the Pew Char- the towel on the health and well-being of our young people. lies? Where has the Bush administra- itable Trusts this year, and who served The Amethyst Initiative’s solution for re- tion been in saying we are going to pro- as the deputy managing director of the ducing binge drinking and preventing under- vide health care to all Americans? I Environmental Group of the Pew Char- age drinking is to make alcohol more readily didn’t hear them come forward. itable Trusts. available to young people, which will only

VerDate Aug 31 2005 02:59 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.069 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8939 exacerbate the public health concern of un- The increased energy costs have had a pro- to use so freely and they begin to conserve it derage drinking. found effect on my ability to meet the needs in order to save money. However, a good We believe that such an approach is irre- of myself and my family. My oldest son short term idea would be to set up incentives sponsible and would lead to more of the trag- broke his leg in June 2007. It was a life- and to invest in alternative fuels. Ulti- ic consequences associated with underage al- threatening break, he is not healing properly mately, we will run out of oil and I only hope cohol use documented in the U.S. Surgeon and will continue to be unable to work for that when that time comes we are prepared General’s 2007 Call to Action to Prevent and another six months at a minimum. The fam- for it, and prepared to switch entirely to re- Reduce Underage Drinking. ily was evicted from their home and are newable energy sources. Teen deaths and injuries, traffic accidents, struggling to survive. They receive food Thank you for your time. physical assaults and other violent acts, stamps and medical assistance, but nothing Sincerely, risky sexual behavior, and school failure, else. Fortunately I have a trailer house, SAMANTHA, Boise. among other potentially lifelong con- which they were able to move in to. I cur- sequences, would increase as a result. rently pay their electricity and transpor- I am married, with three young kids, ages Lowering the drinking age also runs tation to and from medical appointments, 9, 7, and 5. I am a detective for the Ada Coun- counter to scientific research that shows un- getting groceries, etc. not to mention extra- ty Sheriff’s Office, and I make just over derage drinking can affect brain develop- curricular activities for the children, as well $60,000 a year. My wife works part-time out ment, which we now know continues into the as my own utilities and gasoline. I have paid of our house as a Pampered Chef consultant, mid-to late twenties. Scientific evidence fur- nearly $500 per month during the winter and probably makes about $10–15,000 per ther shows that underage drinking is related months for our electricity and am still pay- year, after taxes and deductions. We have a strict cash budget, and have no to future alcohol dependence and other sub- ing over $300 each month. My job requires me debt except for our house. We own a 7-year- stance abuse. to travel daily, and I average 500 miles per old Dodge Durango, and a 14-year-old Chevy Approximately 96 percent of alcohol-de- week in mileage. With the excessive costs of Camaro, both gas guzzlers. We are actually pendent adults started drinking before the gasoline and electricity, I am currently in a pretty good financial position, and are age of 21. working 45–50 hours each week and still fall- For the past 20 plus years, so many have blessed. ing behind on my bills. I do not have credit We currently budget $100 every two weeks worked tirelessly and diligently to keep our card debt, but have a student loan I cannot for fuel. This increased from about $60 re- youth and our communities safe and healthy pay and one other small loan. My only other cently. Part of the increase was because we by reducing the prevalence of alcohol use debts consist of a house payment, car pay- sold our Toyota Corolla (good gas mileage), among those under 21, with the current legal ment, and property taxes. I am at risk of los- and got our Camaro (not so good). However, drinking age limit a large part of our suc- ing my house in a year because I cannot pay I would blame most of the increase on the cess. the taxes. My ex-husband is threatening to rising gas prices. (We sold the Corolla be- Although we are under no illusion that take the property away because I cannot af- cause it was our last debt that we wanted to problems persist, we must continue to con- ford to pay him $100 per month to finish buy- pay off, and start over debt free.) front them head on, vigilantly and respon- ing him out. I will be 51 this month and am We are able to survive on this $100 because sibly, and resist easy efforts to turn back the not in the best of health—but I do what I we have reduced our driving dramatically. clock and undo years of steady progress. have to in order to provide for myself and We put a lot more thought into our daily er- Seventy-eight percent of Americans oppose my family. I take medication but am not rands, etc. We have been riding our bicycles lowering the drinking age from 21 to 18, so able to get my prescription filled because I as much as possible, but only for short dis- the public gets the message. owe the doctor $44 and he will not call in a tances because of our young kids. We recognize that colleges have a tremen- new script until he is paid. That payment to Unfortunately, all of this ‘‘thinking’’ dous problem with binge drinking. the doctor is one tank of gas—that is all— about our driving limits our freedom. I have Young people are drinking more aggres- and I could die, or worse have a stroke, with- not felt this limited by fuel costs since I was sively than ever before. The solution is real- out my medication. Something needs to in high school, and barely had a couple bucks ly about changing the culture of alcohol con- change, and soon. to put in my gas tank. This past weekend I sumption. In many respects, we have BARBARA, South Central Idaho. took my boys camping. I wanted to go to a achieved this change in culture for youth to- favorite place I went to as a kid, but it is bacco use. We must now change the culture I received your email asking for Idahoans’ four hours away. Because of gas prices, I was as it relates to underage drinking. stories related to the increase in gas prices, not able to do that, and settled on CJ Strike The bottom line is children who are con- and I appreciate that these prices are affect- Reservoir, which must be similar to ANWR, nected to family, community and society are ing everyone and that you are working to a mosquito paradise, so we left a day early less prone to drink alcohol. fight them. Further, I support that you after my son got bit 31 times. It’s just a shame that some college admin- fought the Warner-Lieberman bill, though We regular citizens are frustrated at the istrators didn’t do their homework, and our probably not for the reasons that you did. lack of action by our Congress. I am not an children are the ones who would pay the However, I am writing to ask that you do, in economist, but I believe the very statement price. fact, seriously consider Representative Ed by our government that we are going to When children drink, America loses. Markey’s new bill, ‘‘Investing in Climate Ac- begin using our own natural resources for en- f tion Policy Act.’’ While I admit that I am ergy, would potentially reduce gas prices. I unsure of the impact that this bill will have realize that the liberals in Congress are the IDAHOANS SPEAK OUT ON HIGH problem. In Idaho, we are blessed by some ENERGY PRICES on gas prices, I seriously believe that we must begin to enact bills that combat cli- pretty good representatives. Mr. CRAPO. Mr. President, in mid- I appreciate all you can do for our families. mate change. Being from Idaho, I am sure Take care, and God Bless. June, I asked Idahoans to share with that we both appreciate the outdoors and MATT, Meridian. me how high energy prices are affect- how beautiful places like the Sawtooths and ing their lives, and they responded by the Frank Church Wilderness are. However, I You have got to be kidding!! Only $50 more the hundreds. The stories, numbering feel that the beauty that we are currently per month? My fuel bills have doubled in the over 1,000, are heartbreaking and able to find here is threatened by global last year and you only think they have gone warming, and I entreat you to do something touching. To respect their efforts, I am up $50? What world are you living in? The about it. Representative Markey’s bill is a fact of the matter is, for a farmer in Idaho, submitting every e-mail sent to me good start. our fuel bills have nearly doubled. My fuel through the e-mail address set up for You asked about the priorities that Con- bill to deliver my fish has gone from $800 per this purpose to the CONGRESSIONAL gress should set in resolving the oil crisis, week to over $1500 per week. RECORD. This is not an issue that will with ‘‘increasing domestic oil production’’ at To answer your question, I believe the CEO be easily resolved, but it is one that de- the top of your list. However, I do not be- from Shell when he said to the Senate, the serves immediate and serious atten- lieve that this is a reasonable option. The real cost of oil should be between $35 and $60 U.S. hit peak oil years ago, there simply is tion, and Idahoans deserve to be heard. per barrel—all costs over and above that not that much more to get out of here. Also, amount are because of government. Their stories not only detail their when you think of domestic oil, please think You do not listen, you do not know, and struggles to meet everyday expenses, of ANWR. Imagine if, instead of in ANWR, you pretend to care. (There are many issues but also have suggestions and rec- oil was found in the Sawtooths. Could you that have come before Congress that have ommendations as to what Congress can really, in good faith, support taking oil out not taken the public’s best interests to do now to tackle this problem and find of the Sawtooths? heart, and have caused us more expense and solutions that last beyond today. I ask Instead, I believe that one of the options trouble. Among those issues are the Public you suggested is by far the best. There unanimous consent to have today’s let- Employees investment funds, domestic oil should be incentives for conservation of oil. drilling, Chinese allowed to drill right off ters printed in the RECORD. Ultimately, the incentive will be more our own coast when we cannot, NAFTA, nu- There being no objection, the mate- money in your pocket, because quite hon- clear power support, devaluation of the dol- rial was ordered to be printed in the estly, I believe the oil prices will keep going lar, terrorists given rights by the Supreme RECORD, as follows: up until it becomes too expensive for people Court.)

VerDate Aug 31 2005 02:59 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.001 S17SEPT1 smartinez on PROD1PC64 with SENATE S8940 CONGRESSIONAL RECORD — SENATE September 17, 2008 (Given my frustration with Congress, you a fortune off the American People that can hear it on the streets, how [angry] people are can imagine how I feel about your last state- hardly afford to feed their families now due getting at [the inaction. The environmental- ment, ‘‘together we can spur some real ac- to the increase in cost. Also from what I can ists seem to hold undue influence over deci- tion?’’ The only thing that seems to happen see, the prices are going to continue to rise sions and legislation from Congress. I do not is the Congress spends more money and ex- and run our economy into the ground due to believe that global warming is a threat. Both pends a lot of hot air.) the greed of the Big Oil. political parties have not been able to ad- It ought to be interesting when fuel gets to Put a windfall profit tax on them and they dress the public’s concerns about energy, and $6. will rethink what they are doing. We cannot the federal government just keeps spending I doubt anyone on your staff will read this; afford to keep paying higher prices for gas, more and more taxpayer dollars.] you certainly will not, but have a nice day which is increasing the cost of everything Drill here, drill now. anyway. that is delivered by truck. Our economy is in Secure the border. DON, Buhl. a downward spiral and, if Congress does not DWAYNE. stop it, then there will be no economy left in I, being a retired person on a fixed income, a couple of years. My husband and I are seniors; we are in our [find] it is very hard to get by. The prices are ARNOLD, West Richland, Washington. 70s. We are not suffering as much from the up for most everything because of delivery high gas prices as our grandchildren are. Our costs. I will be 70 years old this summer and As a United States citizen and fellow Ida- youngest grandson is 17, and we have grand- I have no choice but to go cut, split and hoan, I feel the need to share my financial children who are 26. Boise wages are not the stack firewood so I can afford to heat my pain with you about what it is like to pay for greatest, so it is really putting a dent in home next winter. The government should high fuel (gasoline, diesel) prices. Like any- their budgets when gas prices are so high. I have been doing something about it two one with an automobile, I pay more at the have wanted a decent transit (bus) system in years ago and not waited until folks are pump to the tune of around $50-$100 more per Boise and Ada County forever. We have lived ready to revolt countrywide. month. I think this pales in comparison to in Boise since June 1970. I came from Port- OPEC sells oil for $136.00 a barrel. how much more I am paying for any com- land, Oregon. That is a city that can be very OPEC nations buy U.S. grain at $7.00 a modity sold through any retail outlet. Near- proud of their transit system. The buses run bushel. ly everything in the good old U.S.A. travels day and night, seven days a week. Solution: Sell grain for $136.00 a bushel. down our highways, and the extra costs of I do not know why Boise has to be so slow Cannot afford it, tough! Eat your oil! these goods is eating away at any disposable with progress. A good bus system would be Ought to go well with a nice thick grilled income I might have had for, let us say, din- invaluable now. There has to be a transfer filet of camel (steak). ner out one night, a night at the movies, etc. system so you can get where you need to go. Unsigned. My income did not see this exponential rise I wish some of the ‘‘powers that be in Boise’’ to help combat the higher cost of living. would go to Portland and study their bus Since you asked for our energy stories I Therefore I spend less on other things, which (transit) system. will submit this one. My wife and I own in turn, does not help my local economy. I have a sister who lives in Salem, Oregon, three vehicles, a 2000 Buick, a 1992 Ford Multiply my woes by the hundreds of thou- the state capital, and they have a wonderful Bronco and a 2006 Suzuki motorcycle (an on- sands like me, or worse off than myself, and bus system also. Boise is a state capital and off road type). I ride my bike everywhere I we will continue to see our economy in de- our bus system is tragic. Look at the gas can and my wife takes the car. I scrape the cline. that could be saved if people could ride buses frost off my bike seat some mornings be- As for a fix, I will give my opinion on this and could depend on buses. A street car sys- cause, for every trip I take the Bronco to as well. Why is an energy source like crude tem downtown is not going to help very work, I can take the bike three times. We oil any different from electricity and natural many people! I do drive, and I drive a large have to drive and it takes 30 gallons to fill gas? Am I going out on a limb by saying, al- car. I never go downtown, but if there was a the Bronco. At $3.94 a gallon, it really adds though my heating and cooling bills have good bus system that I could use, I would bus up. I rode my bike into December last year gone up, they haven’t quadrupled in the last downtown a lot. I live out by 5 Mile and Vic- and broke it out in March this year. If the eight years. Why? Well as you know the gov- tory and where I live there are no buses. roads were bare and there was not a threat of ernment does not allow the companies that Sincerely, snow, I rode it. I remember the 1980s when sell us power or natural gas to just raise SALLY. the speed limit was lowered to 55 mph to prices whenever they feel like it. Should not conserve fuel so that is what I do now again. we treat big oil companies the same way? This probably does not fit your agenda, but If it helped then, I hope it will help now. What is the difference between the need for actually, gasoline prices have been a lot This is not a noble plan to conserve energy; one source of power and another? worse. I paid a much higher percentage of it is a trial to spend so much on fuel and I The U.S. economy is so incredibly depend- my income when I was stationed overseas. can cut costs this way. ent on petroleum products, I think it is irre- The Energy Information Administration Maybe you can explain why our ‘‘friends’’ sponsible of our government officials to not says we were reaching much deeper into our who supply us the oil need to gouge us so step in and provide some long term relief for pockets to pay for gasoline in 1980 than last badly. Maybe $120.00 for a barrel of wheat the U.S. consumer/citizen. Step it up and year. The real difference is that today’s would make the point in all export sales take control of this situation before we all money buys less value. So, the best way the going to oil producing nations. And speaking are made to suffer through a multi-year re- government can keep gasoline affordable is of the high price of gas, do we export wheat cession. to stop creating inflation. The next thing and other food grains cheaper than we can Thank you for your time. you could do is require automobile makers buy it here at home? Are our shortages TOM, Lewiston. to deliver cars that get better mileage. USA caused by or aided by sales to export mar- cars need to be more competitive. kets? If so, that is wrong! We need to take Thank you for your e-letter of this date. In JIM care of American needs first. I really do not the Big Lost River Valley, mass transit will . mind sharing what I have with my neighbors not be efficient, but neighbors can be in- f but I’ll feed my kids first. creasingly efficient. We and our neighbors ADDITIONAL STATEMENTS Thanks for listening, are beginning a neighborhood plan whereby MARK. we coordinate medical, pharmacy, dental, shopping and other errands, mostly to Idaho BROOKLYN-GUERNSEY-MALCOLM I do appreciate your concern about gas Falls, nearly 90 miles distant, to reduce indi- prices for those in Idaho. I lived in Idaho last vidual gasoline purchases. By previewing COMMUNITY EDUCATION year when I signed up for your newsletters, I times and schedules, we can accomplish nu- ∑ Mr. HARKIN. Mr. President, in Iowa now live in Washington, Tri Cities, where we merous tasks in the destination city with and across the United States, a new pay approximately 25 cents more per gallon fewer vehicles/travel. My neighbors and I school year has begun. As you know, than most do in Idaho. I am writing because agree substantially with the points made in Iowa public schools have an excellent my daughter lives in Sandpoint where gas your e-letter: aggressively promote in- prices are about the same as here. She has a creased domestic production and refining of reputation nationwide, and Iowa stu- disabled daughter that requires my daughter gas and oil products, nuclear power/elec- dents’ test scores are among the high- to take her to Spokane, Washington, about tricity production and electric and hydrogen est in the Nation. 70 miles one way. Due to the increase in gas power for automobiles. The unintended con- I would like to take just a few min- prices, she has had to miss some of her doc- sequences of the ethanol program will lead utes today to salute the dedicated tor’s appointments. us to proper caution about alternative fuels. teachers, administrators, and school I believe that we have enough domestic oil Thank you for your good works. board members in the Brooklyn-Guern- to keep this country going for at least Most respectfully, sey-Malcolm Community School Dis- enough years to allow us to develop an alter- DAVID, Darlington. native energy source. So I do not understand trict, and to report on their participa- why that we are paying such high prices, ex- I think the current U.S. government may tion in a unique Federal partnership to cept that the Big Oil Companies are making be on the way to causing civil war!!! You repair and modernize school facilities.

VerDate Aug 31 2005 02:59 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.018 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8941 This fall marks the 10th year of the them a very successful new school percent of public schools need to be up- Iowa Demonstration Construction year.∑ graded or repaired. The harsh reality is Grant Program. That is its formal f that the average age of school build- name, but it is better known among ings in the United States is nearly 50 CENTRAL CLINTON COMMUNITY educators in Iowa as the program of years. EDUCATION Harkin grants for Iowa public schools. Too often, our children visit ultra- Since 1998, I have been fortunate to se- ∑ Mr. HARKIN. Mr. President, in Iowa modern shopping malls and gleaming cure a total of $121 million for the and across the United States, a new sports arenas on weekends, but during State government in Iowa, which se- school year has begun. As you know, the week go to school in rundown or lects worthy school districts to receive Iowa public schools have an excellent antiquated facilities. This sends ex- these grants for a range of renovation reputation nationwide, and Iowa stu- actly the wrong message to our young and repair efforts—everything from up- dents’ test scores are among the high- people about our priorities. We have to dating fire safety systems to building est in the Nation. do better. new schools or renovating existing fa- I would like to take just a few min- That is why I am deeply grateful to cilities. In many cases, this Federal utes, today, to salute the dedicated the professionals and parents in the funding is used to leverage public and/ teachers, administrators, and school Central Clinton Community School or private local funding, so it often has board members in the Central Clinton District. There is no question that a a tremendous multiplier effect in a Community School District, and to re- quality public education for every local school district. port on their participation in a unique child is a top priority in that commu- The Brooklyn-Guernsey-Malcolm Federal partnership to repair and mod- nity. I salute them, and wish them a Community School District received a ernize school facilities. very successful new school year.∑ Harkin Grant totaling $435,824 which This fall marks the 10th year of the f was used to help renovate the high Iowa Demonstration Construction CLARKSVILLE COMMUNITY school. The district also received three Grant Program. That is its formal EDUCATION fire safety grants totaling $95,800 to up- name, but it is better known among grade the fire alarm system and make educators in Iowa as the program of ∑ Mr. HARKIN. Mr. President, in Iowa other improvements. The Federal Harkin grants for Iowa public schools. and across the United States, a new grants have made it possible for the Since 1998, I have been fortunate to se- school year has begun. As you know, district to provide quality and safe cure a total of $121 million for the Iowa public schools have an excellent schools for their students. State government in Iowa, which se- reputation nationwide, and Iowa stu- Excellent schools do not just pop up lects worthy school districts to receive dents’ test scores are among the high- like mushrooms after a rain. They are these grants for a range of renovation est in the Nation. the product of vision, leadership, per- and repair efforts—everything from up- I would like to take just a few min- sistence, and a tremendous amount of dating fire safety systems to building utes, today, to salute the dedicated collaboration among local officials and new schools or renovating existing fa- teachers, administrators, and school concerned citizens. I salute the entire cilities. In many cases, this Federal board members in the Clarksville Com- staff, administration, and governance funding is used to leverage public and/ munity School District, and to report in the Brooklyn-Guernsey-Malcolm or private local funding, so it often has on their participation in a unique Fed- Community School District. In par- a tremendous multiplier effect in a eral partnership to repair and mod- ticular, I would like to recognize the local school district. ernize school facilities. leadership of the board of education— The Central Clinton Community This fall marks the 10th year of the president Beverly Rens, Bob Parker, School District received a 2000 Harkin Iowa Demonstration Construction Travis Solem, Arlene Ford, Kyle Mont- grant totaling $259,750 which it used to Grant Program. That is its formal gomery, Ed Kline, Larry Pendarvis and help build an addition for pre-kinder- name, but it is better known among former board members Gaynell Conner garten and kindergarten programs at educators in Iowa as the program of and LaVerne Kriegel. I would also like Ekstrand Elementary. This school is a Harkin grants for Iowa public schools. to recognize superintendent Brad modern, state-of-the-art facility that Since 1998, I have been fortunate to se- Hohensee, former superintendent Terry befits the educational ambitions and cure a total of $121 million for the McLeod and high school principal Rick excellence of this school district. In- State government in Iowa, which se- Radcliffe. deed, it is the kind of school facility lects worthy school districts to receive As we mark the 10th anniversary of that every child in America deserves. these grants for a range of renovation the Harkin school grant program in Excellent new schools do not just pop and repair efforts—everything from up- Iowa, I am obliged to point out that up like mushrooms after a rain. They dating fire safety systems to building many thousands of school buildings are the product of vision, leadership, new schools or renovating existing fa- and facilities across the United States persistence, and a tremendous amount cilities. In many cases, this Federal are in dire need of renovation or re- of collaboration among local officials funding is used to leverage public and/ placement. In my State of Iowa alone, and concerned citizens. I salute the en- or private local funding, so it often has according to a recent study, some 79 tire staff, administration, and govern- a tremendous multiplier effect in a percent of public schools need to be up- ance in the Central Clinton Commu- local school district. graded or repaired. The harsh reality is nity School District. In particular, I The Clarksville Community School that the average age of school build- would like to recognize the leadership District received a 2002 Harkin grant ings in the United States is nearly 50 of the board of education—Dr. Kurt totaling $139,500 which it used to help years. Rickard, Dennis Campbell, Jim Irwin, renovate classrooms in the elementary Too often, our children visit ultra- Bill Turnis and Christy Kunz and school. The district also received two modern shopping malls and gleaming former board members Jim Hand, Lois fire safety grants totaling $50,000 to in- sports arenas on weekends, but during Black, Donna Bark, and Theresa Kelly. stall smoke and heat detectors, emer- the week go to school in rundown or I would also like to recognize super- gency lighting, electromagnetic de- antiquated facilities. This sends ex- intendent Dan Peterson, former super- vices and to make other improvements actly the wrong message to our young intendent Dr. Dan Roe and Mary Reu- throughout the district. The Federal people about our priorities. We have to ter, editor of the Dewitt Observer. grants have made it possible for the do better. As we mark the 10th anniversary of district to provide quality and safe That is why I am deeply grateful to the Harkin school grant program in schools for their students. the professionals and parents in the Iowa, I am obliged to point out that Excellent schools do not just pop up Brooklyn-Guernsey-Malcolm Commu- many thousands of school buildings like mushrooms after a rain. They are nity School District. There is no ques- and facilities across the United States the product of vision, leadership, per- tion that a quality public education for are in dire need of renovation or re- sistence, and a tremendous amount of every child is a top priority in that placement. In my State of Iowa alone, collaboration among local officials and community. I salute them, and wish according to a recent study, some 79 concerned citizens. I salute the entire

VerDate Aug 31 2005 02:59 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.040 S17SEPT1 smartinez on PROD1PC64 with SENATE S8942 CONGRESSIONAL RECORD — SENATE September 17, 2008 staff, administration, and governance dating fire safety systems to building school year has begun. As you know, in the Clarksville Community School new schools or renovating existing fa- Iowa public schools have an excellent District. In particular, I would like to cilities. In many cases, this Federal reputation nationwide, and Iowa stu- recognize the leadership of the board of funding is used to leverage public and/ dents’ test scores are among the high- education—Kurt Wedeking, Sharon or private local funding, so it often has est in the Nation. Markussen, Chris Fenneman, Joyce a tremendous multiplier effect in a I would like to take just a few min- Freese and Chris Backer and former local school district. utes, today, to salute the dedicated board members Paul Leerhoff, Dave The Clinton Community School Dis- teachers, administrators, and school Bolin, Pat Mennenga, Kim Bergman, trict received a 2002 Harkin grant to- board members in the Dubuque Com- Joe Wedeking and Dale Harris. I would taling $1 million which it used to help munity School District, and to report also like to recognize superintendent build a new elementary school. This on their participation in a unique Fed- Bob Longmuir, former superintendent school is a modern, state-of-the-art fa- eral partnership to repair and mod- Randall Nichols, former junior/high cility that befits the educational ambi- ernize school facilities. school principal Bob Satthoff, elemen- tions and excellence of this school dis- This fall marks the 10th year of the tary principal Linda Johnson, board trict. Indeed, it is the kind of school fa- Iowa Demonstration Construction secretary Shellee Bartlett and former cility that every child in America de- Grant Program. That is its formal board secretary Diane Renning, serves. The district also received a name, but it is better known among StruXture Architecture and Prairie $100,000 fire safety grant for repairs at educators in Iowa as the program of Construction. Washington Middle School. Harkin grants for Iowa public schools. As we mark the 10th anniversary of Excellent new schools like Jefferson Since 1998, I have been fortunate to se- the Harkin school grant program in do not just pop up like mushrooms cure a total of $121 million for the Iowa, I am obliged to point out that after a rain. They are the product of vi- State government in Iowa, which se- many thousands of school buildings sion, leadership, persistence, and a tre- lects worthy school districts to receive and facilities across the United States mendous amount of collaboration these grants for a range of renovation are in dire need of renovation or re- among local officials and concerned and repair efforts—everything from up- placement. In my State of Iowa alone, citizens. I salute the entire staff, ad- dating fire-safety systems to building according to a recent study, some 79 ministration, and governance in the new schools or renovating existing fa- percent of public schools need to be up- Clinton Community School District. In cilities. In many cases, this Federal graded or repaired. The harsh reality is particular, I would like to recognize funding is used to leverage public and/ that the average age of school build- the leadership of the board of edu- or private local funding, so it often has cation—James Tuisl, Dave Frett, Thea ings in the United States is nearly 50 a tremendous multiplier effect in a Engelson, Joani Kittoe, Wendy years. local school district. Too often, our children visit ultra- Krajnovich, Stephen Teney and Mercia The Dubuque Community School Dis- modern shopping malls and gleaming Wolfe and former board members Bruce trict received a 2002 Harkin grant to- sports arenas on weekends, but during Ingram, James Bruhn, Dr. Donald taling $260,000 which it used to help in- Flory, Debra Olsen, Les Shields, Alma the week go to school in rundown or stall elevators at Fulton Elementary Mariano, Brian Angwin and Jennifer antiquated facilities. This sends ex- and Bryant Elementary. The district Graf. I would also like to recognize su- actly the wrong message to our young also received three fire safety grants perintendent Dr. Richard Basden, people about our priorities. We have do totaling $654,089 to make fire alarm im- former superintendent Dr. Randall better. provements at Dubuque Senior High Clegg, business manager Gayle Isaac, That is why I am deeply grateful to School, Hempstead High School and plant services director Gregg the professionals and parents in the Jefferson Junior High School and to Cornilsen, Jefferson principal Bonnie Clarksville Community School Dis- make safety improvements at Wash- Freitag and former Jefferson principal trict. There is no question that a qual- ington Junior High School. The Fed- Michelle Pearson. eral grants have made it possible for ity public education for every child is a As we mark the 10th anniversary of top priority in that community. I sa- the district to provide quality and safe the Harkin school grant program in schools for their students. lute them, and wish them a very suc- Iowa, I am obliged to point out that cessful new school year.∑ Excellent schools do not just pop up many thousands of school buildings like mushrooms after a rain. They are f and facilities across the United States the product of vision, leadership, per- CLINTON COMMUNITY EDUCATION are in dire need of renovation or re- sistence, and a tremendous amount of placement. In my State of Iowa alone, ∑ Mr. HARKIN. Mr. President, in Iowa collaboration among local officials and according to a recent study, some 79 and across the United States, a new concerned citizens. I salute the entire percent of public schools need to be up- school year has begun. As you know, staff, administration, and governance graded or repaired. The harsh reality is Iowa public schools have an excellent in the Dubuque Community School that the average age of school build- reputation nationwide, and Iowa stu- District. In particular, I would like to ings in the United States is nearly 50 dents’ test scores are among the high- recognize the leadership of the board of years. education president—Larry Loeppke, est in the Nation. Too often, our children visit ultra- vice president Donna Bauerly, Mike I would like to take just a few min- modern shopping malls and gleaming Brannon, George Davis, Otto Krueger, utes today to salute the dedicated sports arenas on weekends, but during Adam Menning and David Patton, and teachers, administrators, and school the week go to school in rundown or board members in the Clinton Commu- antiquated facilities. This sends ex- former board members Parker Bauer, nity School District, and to report on actly the wrong message to our young Michelle Covey, Eldon Herrig, Steve their participation in a unique Federal people about our priorities. We have to Hodge, Jay Schiesl, Ed Zaccaro, Karen partnership to repair and modernize do better. Behr, Doug Horstmann, Tonya Thul- school facilities. That is why I am deeply grateful to Theis, Tom Barton, Cammie Dean and This fall marks the 10th year of the the professionals and parents in the Ted Strieber. I would also like to rec- Iowa Demonstration Construction Clinton Community School District. ognize superintendent John Burgart, Grant Program. That is its formal There is no question that a quality former superintendent Dr. Jane name, but it is better known among public education for every child is a Petrek, former executive director of educators in Iowa as the program of top priority in that community. I sa- business services Joseph Link, former Harkin grants for Iowa public schools. lute them, and wish them a very suc- manager of building and grounds Rob- Since 1998, I have been fortunate to se- cessful new school year.∑ ert S. White, Sr., former Jefferson cure a total of $121 million for the Principal Duane Frick, former Wash- f State government in Iowa, which se- ington principal Art Roling, former lects worthy school districts to receive DUBUQUE COMMUNITY EDUCATION senior high principal Larry Mitchell, these grants for a range of renovation ∑ Mr. HARKIN. Mr. President, in Iowa former Hempstead principal David and repair efforts—everything from up- and across the United States, a new Olson, former Bryant principal Lesley

VerDate Aug 31 2005 02:59 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.016 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8943 Stephens and former Fulton principal eral grants have made it possible for cure a total of $121 million for the Roy Hansen. the district to provide quality and safe State government in Iowa, which se- As we mark the tenth anniversary of schools for their students. lects worthy school districts to receive the Harkin school grant program in Excellent schools do not just pop up these grants for a range of renovation Iowa, I am obliged to point out that like mushrooms after a rain. They are and repair efforts—everything from up- many thousands of school buildings the product of vision, leadership, per- dating fire safety systems to building and facilities across the United States sistence, and a tremendous amount of new schools or renovating existing fa- are in dire need of renovation or re- collaboration among local officials and cilities. In many cases, this Federal placement. In my State of Iowa alone, concerned citizens. I salute the entire funding is used to leverage public and/ according to a recent study, some 79 staff, administration, and governance or private local funding, so it often has percent of public schools need to be up- in the Emmetsburg Community School a tremendous multiplier effect in a graded or repaired. The harsh reality is District. In particular, I would like to local school district. that the average age of school build- recognize the leadership of the board of The Maple Valley Community School ings in the United States is nearly 50 education Karla Anderson, Dave Van District received 2002 and 2003 Harkin years. Oosbree, Kent Egland, Don Hagen, grants totaling $690,000 which it used to Too often, our children visit ultra- Steve Pelzer, Linda Tienter and Laurie help renovate the high school into a modern shopping malls and gleaming Oppenheimer and former board mem- new elementary school. This school is a sports arenas on weekends, but during bers Gary Kauffman, Dean Gunderson, modern, state-of-the-art facility that the week go to school in rundown or Mary Cooper, Mike Brown, David befits the educational ambitions and antiquated facilities. This sends ex- Kassel, Kris Ausborn and Steve Nelson. excellence of this school district. In- actly the wrong message to our young I would also like to recognize super- deed, it is the kind of school facility people about our priorities. We have to intendent John Joynt and former su- that every child in America deserves. do better. perintendent Paul Tedesco. The district also received six fire safe- That is why I am deeply grateful to As we mark the 10th anniversary of ty grants totaling $148,300 to install the professionals and parents in the the Harkin school grant program in fire safety doors and update wiring and Dubuque Community School District. Iowa, I am obliged to point out that fire detection systems across the dis- There is no question that a quality many thousands of school buildings trict. public education for every child is a and facilities across the United States top priority in that community. I sa- are in dire need of renovation or re- Excellent schools do not just pop up lute them, and wish them a very suc- placement. In my State of Iowa alone, like mushrooms after a rain. They are cessful new school year.∑ according to a recent study, some 79 the product of vision, leadership, per- sistence, and a tremendous amount of f percent of public schools need to be up- graded or repaired. The harsh reality is collaboration among local officials and EMMETSBURG COMMUNITY that the average age of school build- concerned citizens. I salute the entire EDUCATION ings in the United States is nearly 50 staff, administration, and governance ∑ Mr. HARKIN. Mr. President, in Iowa years. in the Maple Valley Community School and across the United States, a new Too often, our children visit ultra- District. In particular, I would like to school year has begun. As you know, modern shopping malls and gleaming recognize the leadership of the board of Iowa public schools have an excellent sports arenas on weekends, but during education—Kathy Dirksen, Ed Maier, reputation nationwide, and Iowa stu- the week go to school in rundown or Joanne Maynard, Dale Wimmer, and dents’ test scores are among the high- antiquated facilities. This sends ex- Tammy Flanigan, as well as former est in the Nation. actly the wrong message to our young board member Tracy Hesse. I would I would like to take just a few min- people about our priorities. We have to also like to recognize superintendent utes today to salute the dedicated do better. Steve Oberg, fire marshall Amy teachers, administrators, and school That is why I am deeply grateful to Fratzke, grant writer Linda Steele, board members in the Emmetsburg the professionals and parents in the Heath Opfer of Radec Construction, Community School District, and to re- Emmetsburg Community School Dis- and site architect Mike Berg of DLR port on their participation in a unique trict. There is no question that a qual- Group. Federal partnership to repair and mod- ity public education for every child is a As we mark the 10th anniversary of ernize school facilities. top priority in that community. I sa- the Harkin school grant program in This fall marks the 10th year of the lute them, and wish them a very suc- Iowa, I am obliged to point out that Iowa Demonstration Construction cessful new school year.∑ many thousands of school buildings Grant Program. That is its formal f and facilities across the United States name, but it is better known among are in dire need of renovation or re- educators in Iowa as the program of MAPLE VALLEY COMMUNITY EDUCATION placement. In my State of Iowa alone, Harkin grants for Iowa public schools. according to a recent study, some 79 Since 1998, I have been fortunate to se- ∑ Mr. HARKIN. Mr. President, in Iowa percent of public schools need to be up- cure a total of $121 million for the and across the United States, a new graded or repaired. The harsh reality is State government in Iowa, which se- school year has begun. As you know, that the average age of school build- lects worthy school districts to receive Iowa public schools have an excellent ings in the United States is nearly 50 these grants for a range of renovation reputation nationwide, and Iowa stu- years. and repair efforts—everything from up- dents’ test scores are among the high- dating fire safety systems to building est in the Nation. Too often, our children visit ultra- new schools or renovating existing fa- I would like to take just a few min- modern shopping malls and gleaming cilities. In many cases, this Federal utes today to salute the dedicated sports arenas on weekends, but during funding is used to leverage public and/ teachers, administrators, and school the week go to school in rundown or or private local funding, so it often has board members in the Maple Valley antiquated facilities. This sends ex- a tremendous multiplier effect in a Community School District, and to re- actly the wrong message to our young local school district. port on their participation in a unique people about our priorities. We have do The Emmetsburg Community School Federal partnership to repair and mod- better. District received a 2001 Harkin grant ernize school facilities. That is why I am deeply grateful to totaling $133,333 which was used to help This fall marks the 10th year of the the professionals and parents in the build an addition on an elementary Iowa Demonstration Construction Maple Valley Community School Dis- school. The district has also received Grant Program. That is its formal trict. There is no question that a qual- $110,085 since 2000 in fire safety grants name, but it is better known among ity public education for every child is a which have been used to improve the educators in Iowa as the program of top priority in that community. I sa- fire safety doors, alarms and smoke de- Harkin grants for Iowa public schools. lute them, and wish them a very suc- tectors in all their buildings. The fed- Since 1998, I have been fortunate to se- cessful new school year.∑

VerDate Aug 31 2005 02:59 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.017 S17SEPT1 smartinez on PROD1PC64 with SENATE S8944 CONGRESSIONAL RECORD — SENATE September 17, 2008 SHELDON COMMUNITY EDUCATION graded or repaired. The harsh reality is in the Spencer Community School Dis- ∑ Mr. HARKIN. Mr. President, in Iowa that the average age of school build- trict. In particular, I would like to rec- and across the United States, a new ings in the United States is nearly 50 ognize the leadership of the board of school year has begun. As you know, years. education—Edward Ver Steeg, Barb Iowa public schools have an excellent Too often, our children visit ultra Van Wyk, Dean Mechler, Dave reputation nationwide, and Iowa stu- modern shopping malls and gleaming Schlichtemeier and Les Zobrist and dents’ test scores are among the high- sports arenas on weekends, but during former board members Ross Brockshus, est in the Nation. the week go to school in rundown or Randy Van Dyke, Sue Harman and I would like to take just a few min- antiquated facilities. This sends ex- Scott De Geest. I would also like to utes, today, to salute the dedicated actly the wrong message to our young recognize superintendent Greg Ebeling, teachers, administrators, and school people about our priorities. We have do former superintendent Glen Lohman, board members in the Sheldon Commu- better. assistant superintendent Kathy Elliott, nity School District, and to report on That is why I am deeply grateful to former high school principal Mike their participation in a unique Federal the professionals and parents in the Healy and grant writer Mary Maly. partnership to repair and modernize Sheldon Community School District. As we mark the 10th anniversary of school facilities. There is no question that a quality the Harkin school grant program in This fall marks the 10th year of the public education for every child is a Iowa, I am obliged to point out that Iowa Demonstration Construction top priority in that community. I sa- many thousands of school buildings Grant Program. That is its formal lute them, and wish them a very suc- and facilities across the United States name, but it is better known among cessful new school year.∑ are in dire need of renovation or re- educators in Iowa as the program of f placement. In my State of Iowa alone, Harkin grants for Iowa public schools. according to a recent study, some 79 SPENCER COMMUNITY EDUCATION Since 1998, I have been fortunate to se- percent of public schools need to be up- cure a total of $121 million for the ∑ Mr. HARKIN. Mr. President, in Iowa graded or repaired. The harsh reality is State government in Iowa, which se- and across the United States, a new that the average age of school build- lects worthy school districts to receive school year has begun. As you know, ings in the United States is nearly 50 these grants for a range of renovation Iowa public schools have an excellent years. and repair efforts—everything from up- reputation nationwide, and Iowa stu- Too often, our children visit ultra- dating fire safety systems to building dents’ test scores are among the high- modern shopping malls and gleaming new schools or renovating existing fa- est in the Nation. sports arenas on weekends, but during cilities. In many cases, this Federal I would like to take just a few min- the week go to school in rundown or funding is used to leverage public and/ utes today to salute the dedicated antiquated facilities. This sends ex- or private local funding, so it often has teachers, administrators, and school actly the wrong message to our young a tremendous multiplier effect in a board members in the Spencer Commu- people about our priorities. We have to local school district. nity School District, and to report on do better. The Sheldon Community School Dis- their participation in a unique Federal That is why I am deeply grateful to trict received a 2001 Harkin grant to- partnership to repair and modernize the professionals and parents in the taling $500,000 which was used to help school facilities. Spencer Community School District. build a new middle school. This school This fall marks the 10th year of the There is no question that a quality is a modern, state-of-the-art facility Iowa Demonstration Construction public education for every child is a that befits the educational ambitions Grant Program. That is its formal top priority in that community. I sa- and excellence of this school district. name, but it is better known among lute them, and wish them a very suc- Indeed, it is the kind of school facility educators in Iowa as the program of cessful new school year.∑ that every child in America deserves. Harkin grants for Iowa public schools. f The district also received two fire safty Since 1998, I have been fortunate to se- grants totaling $75,000 to improve their cure a total of $121 million for the VINTON-SHELLSBURG COMMUNITY alarms, smoke detectors and fire safety State government in Iowa, which se- EDUCATION doors. The Federal grants have made it lects worthy school districts to receive ∑ Mr. HARKIN. Mr. President, in Iowa possible for the district to provide these grants for a range of renovation and across the United States, a new quality and safe schools for their stu- and repair efforts—everything from up- school year has begun. As you know, dents. dating fire safety systems to building Iowa public schools have an excellent Excellent schools do not just pop up new schools or renovating existing fa- reputation nationwide, and Iowa stu- like mushrooms after a rain. They are cilities. In many cases, this Federal dents’ test scores are among the high- the product of vision, leadership, per- funding is used to leverage public and/ est in the Nation. sistence, and a tremendous amount of or private local funding, so it often has I would like to take just a few min- collaboration among local officials and a tremendous multiplier effect in a utes, today, to salute the dedicated concerned citizens. I salute the entire local school district. teachers, administrators, and school staff, administration, and governance The Spencer Community School Dis- board members in the Vinton- in the Sheldon Community School Dis- trict received a 2003 Harkin grant to- Shellsburg Community School Dis- trict. In particular, I would like to rec- taling $500,000 which it used to help trict, and to report on their participa- ognize the leadership of the board of build a science classroom addition to tion in a unique Federal partnership to education Dan Van Gorp, Gary Ihnen, the high school and remodel family and repair and modernize school facilities. Kecia Hickman, Glen Goedken and consumer science classrooms. The dis- This fall marks the 10th year of the Harlan Bousema and former board trict also received two fire safety Iowa Demonstration Construction members Linda Porter, John Boender grants totaling $200,000 for a new fire Grant Program. That is its formal and Tom Whorley. I would also like to alarm system at the high school and name, but it is better known among recognize superintendent Robin Spears, other improvements in schools educators in Iowa as the program of middle school principal Cindy Barwick throughout the district. The Federal Harkin grants for Iowa public schools. and Gene Den Hartog. grants have made it possible for the Since 1998, I have been fortunate to se- As we mark the 10th anniversary of district to provide quality and safe cure a total of $121 million for the the Harkin school grant program in schools for their students. State government in Iowa, which se- Iowa, I am obliged to point out that Excellent schools do not just pop up lects worthy school districts to receive many thousands of school buildings like mushrooms after a rain. They are these grants for a range of renovation and facilities across the United States the product of vision, leadership, per- and repair efforts—everything from up- are in dire need of renovation or re- sistence, and a tremendous amount of dating fire safety systems to building placement. In my State of Iowa alone, collaboration among local officials and new schools or renovating existing fa- according to a recent study, some 79 concerned citizens. I salute the entire cilities. In many cases, this Federal percent of public schools need to be up- staff, administration, and governance funding is used to leverage public and/

VerDate Aug 31 2005 02:59 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.018 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8945 or private local funding, so it often has TRIBUTE TO SKIP CARAY the business has transformed itself a tremendous multiplier effect in a ∑ Mr. ISAKSON. Mr. President, today I from a small wholesale doughnut oper- local school district. mourn the passing and pay tribute to a ation to a three-meal-a-day restaurant The Vinton-Shellsburg Community great Georgian. Broadcaster Skip and bakery. Under present managers School District received a 2005 Harkin Caray passed away in his suburban At- Gary Leech, son of Eleanor Congdon, grant totaling $400,000 to renovate two lanta home on August 3, 2008, leaving a and his wife Diane Leech, Congdon’s schools. The grant enabled the school tremendous void in the hearts of At- also added a convenient drive-thru in district to build a new commons area lanta Braves fans nationwide. 2002 for those on the go. The firm has and to add an elevator at the building After years of calling basketball and been so successful that this past March, the Best Independent Res- in Shellsburg. The district also made hockey games in St. Louis and At- taurants Association awarded renovations, installed air-conditioning lanta, Skip Caray began broadcasting Congdon’s Doughnuts its highest level and built additional classrooms and for the Braves in 1976. Baseball was in of recognition, the prestigious Best restrooms at Tilford Elementary his blood, and while their styles were Family Restaurant Platinum Plate School. different, Skip brought the same warmth and humor to his calls as his Award. This project was part of a com- famous father, Harry, delivered to the While known for providing plentiful prehensive multimillion dollar plan to Chicago Cubs for years. Skip Caray options for breakfast, lunch, and din- provide the modern, state-of-the-art fa- passed his love for the game on to his ner, the centerpiece of the Congdon en- cilities that befit the educational am- sons, Chip and Josh, both of whom terprise remains its timeless and high- bitions and excellence of this school found careers in the same profession as ly acclaimed doughnuts. With dozens of district. The United 4 Kids campaign their father. tempting and delicious varieties of the committee worked tirelessly to pass a As a broadcaster for TBS, Skip traditional breakfast morsels, from $15.1 million bond issue to build a new Caray’s voice was not only familiar to cinnamon and coconut to chocolate high school and make improvements baseball fans in the South, but millions honey and apple fritter, Congdon’s has throughout the district. around the country. Whether it was the something to satisfy any doughnut Excellent new schools do not just pop many years that the Braves spent in eater and has garnered acclaim both lo- up like mushrooms after a rain. They the depths of their division or the 14 cally and nationally. Indeed, Portland are the product of vision, leadership, consecutive seasons at the top, Caray Magazine, a regional publication, has persistence, and a tremendous amount provided the voice of a friend who placed Congdon’s doughnuts on its list of collaboration among local officials shared the same passion for ‘‘America’s of ‘‘101 of Maine’s Guiltiest Guilty and concerned citizens. I salute the en- Team’’ that the fans did. No Braves fan Pleasures,’’ and in 2007 Congdon’s was tire staff, administration, and govern- will ever forget Skip urging Sid Bream included on the Doughnut Honor Roll ance in the Vinton-Shellsburg Commu- around third base and into the World of seriouseats.com, the Web site of nity School District. In particular, I Series in 1992 or his elation as the famed food critic Ed Levin. would like to recognize John Anderson Braves won it all in 1995. While Congdon’s has long been in- for his involvement with the United 4 In 2004, Caray was elected to the At- volved in local charitable and commu- Kids committee and generously donat- lanta Braves Hall of Fame. At his in- nity efforts, for the last 2 years it has ing 35 acres for the new high school. I duction, his mentor, Ernie Johnson, institutionalized the commitment to its neighbors by joining other local would also like to recognize the leader- Sr., said that Caray ‘‘had a bigger businesses to host weekly benefit ship of the board of education—Brad heart than anyone can imagine.’’ Skip barbeques. Every Wednesday in July Allyn, Patrick Lyons, Kathy Tranel, Caray will be sorely missed and will re- and August, community members come Gerald Horst, Jo Sainbury, Todd Wiley main in Atlanta Braves fans’ hearts together for fun-filled tropical-themed and Tim Bird as well as superintendent forever.∑ parties. Ticket sales for these popular Randy Braden, high school principal f events have raised money for local and Jay Pedersen, Shellsburg principal national charities and organizations Shelly Petersen and Tilford principal HONORING CONGDON’S including the American Heart Associa- Jim Murray. DOUGHNUTS ∑ tion, Southern Maine Parent Aware- As we mark the 10th anniversary of Ms. SNOWE. Mr. President, as our ness, and Trolley for Togus, which pro- the Harkin school grant program in Nation and our world become increas- vides transportation for York County Iowa, I am obliged to point out that ingly complex and fast paced, it may veterans to Maine’s VA hospital. Addi- many thousands of school buildings seem easy to lose track of the simple tionally, last December Congdon’s of- and facilities across the United States but essential ties that bind us to those fered its guests holiday cards to sign are in dire need of renovation or re- in our communities. It is with pleasure for our Nation’s soldiers, and then sent placement. In my State of Iowa alone, that I recognize a small family busi- over 500 of them to men and women according to a recent study, some 79 ness from my home State of Maine serving in Iraq. percent of public schools need to be up- that has succeeded in ushering a time- Congdon’s Doughnuts exemplifies the graded or repaired. The harsh reality is less classic into the modern world. best qualities of being both a pros- that the average age of school build- Congdon’s Doughnuts in Wells has been perous business and a caring neighbor. ings in the United States is nearly 50 a York County institution for well over It is with great pride that I congratu- years. 50 years, providing tasty treats and late Condgon’s on its decades of suc- community support for generations of cesses and I wish them the best of luck Too often, our children visit ultra- locals and tourists. modern shopping malls and gleaming for the future as they continue to For the early riser among us, few in- reach new heights as a purveyor of de- sports arenas on weekends, but during dulgences are more appealing than a the week go to school in rundown or lectable treats and old-fashioned Amer- sticky sweet doughnut and a fresh- ican cuisine.∑ antiquated facilities. This sends ex- brewed cup of coffee. Congdon’s Dough- actly the wrong message to our young nuts has provided just that to thou- f people about our priorities. We have do sands of customers as it has churned better. out up to 10,000 homemade doughnuts a MESSAGES FROM THE HOUSE That is why I am deeply grateful to day for three generations. Founded in the professionals and parents in the 1945, and located at its current site Vinton-Shellsburg Community School since 1955, the company has undergone ENROLLED BILL SIGNED District. There is no question that a many of the trials and tribulations At 11:24 a.m., a message from the quality public education for every that often challenge America’s small House of Representatives, delivered by child is a top priority in that commu- businesses. Yet through the hard work Ms. Niland, one of its reading clerks, nity. I salute them, and wish them a and unwavering dedication of the announced that the Speaker signed the very successful new school year.∑ Congdon family and their employees, following enrolled bill:

VerDate Aug 31 2005 03:14 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G17SE6.015 S17SEPT1 smartinez on PROD1PC64 with SENATE S8946 CONGRESSIONAL RECORD — SENATE September 17, 2008 H.R. 5938. An act to amend title 18, United tion, Department of Transportation, trans- the report of a rule entitled ‘‘North Dakota States Code, to provide secret service protec- mitting, pursuant to law, the report of a rule Regulatory Program’’ (ND-050-FOR) received tion to former Vice Presidents, and for other entitled ‘‘Area Navigation (RNAV) and Mis- on September 8, 2008; to the Committee on purposes. cellaneous Amendments’’ ((RIN2120- Energy and Natural Resources. The enrolled bill was subsequently AH77)(Docket No. FAA-2002-14002)) received EC–7593. A communication from the Com- signed by the President pro tempore on August 25, 2008; to the Committee on missioner of the Social Security Administra- Commerce, Science, and Transportation. tion, transmitting the report of a proposed (Mr. BYRD). EC–7583. A communication from the Pro- bill to make amendments to the Old-Age, gram Analyst, Federal Aviation Administra- Survivors, and Disability Insurance program At 2:23 p.m., a message from the tion, Department of Transportation, trans- and the Supplemental Security Income pro- House of Representatives, delivered by mitting, pursuant to law, the report of a rule gram; to the Committee on Finance. Mrs. Cole, one of its reading clerks, an- entitled ‘‘Revision of Legal Descriptions of EC–7594. A communication from the Com- nounced that the House has passed the Multiple Federal Airways in the Vicinity of missioner of the Social Security Administra- following bills, in which it requests the Farmington, NM’’ ((RIN2120-AA66)(Docket tion, transmitting the report of a proposed concurrence of the Senate: No. 08-ANM-2)) received on August 25, 2008; bill to make program and administrative im- provements to the Old-Age, Survivors, and H.R. 1485. An act for the relief of Esther to the Committee on Commerce, Science, Disability program, the Supplemental Secu- Karinge. and Transportation. EC–7584. A communication from the Pro- rity Income program, and the Special Bene- H.R. 2760. An act for the relief of Shigeru gram Analyst, Federal Aviation Administra- fits for Certain World War II Veterans pro- Yamada. gram; to the Committee on Finance. H.R. 5030. An act for the relief of Corina de tion, Department of Transportation, trans- EC–7595. A communication from the Chief Chalup Turcinovic. mitting, pursuant to law, the report of a rule of the Publications and Regulations Branch, H. R. 5243. An act for the relief of Kumi entitled ‘‘Implementing the Maintenance Internal Revenue Service, Department of the Iizuka-Barcena. Provisions of Bilateral Agreements’’ ((RIN2120-AI19)(Docket No. FAA-2004-17483)) Treasury, transmitting, pursuant to law, the At 6:13 p.m., a message from the received on August 25, 2008; to the Com- report of a rule entitled ‘‘Economic Stimulus Act of 2008 Business Incentives’’ (Rev. Proc. House of Representatives, delivered by mittee on Commerce, Science, and Transpor- tation. 2008-54) received on September 8, 2008; to the Mrs. Cole, one of its reading clerks, an- EC–7585. A communication from the Pro- Committee on Finance. nounced that the House has passed the gram Analyst, Federal Aviation Administra- EC–7596. A communication from the Direc- following bills, without amendment: tion, Department of Transportation, trans- tor, Regulatory Management Division, Envi- S. 996. An act to amend title 49, United mitting, pursuant to law, the report of a rule ronmental Protection Agency, transmitting, States Code, to expand passenger facility fee entitled ‘‘Recording of Major Repairs and pursuant to law, the report of a rule entitled eligibility for certain noise compatibility Major Alterations’’ (RIN2120-AJ11) received ‘‘Forchlorfenuron; Permanent and Time- projects. on August 25, 2008; to the Committee on Limited Pesticide Tolerances’’ (FRL-8375-4) S 3406. An act to restore the intent and Commerce, Science, and Transportation. received on August 18, 2008; to the Com- protections of the Americans with Disabil- EC–7586. A communication from the Pro- mittee on Agriculture, Nutrition, and For- ities Act of 1990. gram Analyst, Federal Aviation Administra- estry. EC–7597. A communication from the Con- The message also announced that the tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule gressional Review Coordinator, Animal and House agrees to the amendments of the entitled ‘‘Implementing the Maintenance Plant Health Inspection Service, Department Senate to the bill (H.R. 2608) to amend Provisions of Bilateral Agreements’’ of Agriculture, transmitting, pursuant to section 402 of the Personal Responsi- ((RIN2120-AI19)(Docket no. FAA-2004-17483)) law, the report of a rule entitled ‘‘Karnal bility and Work Opportunity Reconcili- received on August 25, 2008; to the Com- Bunt; Removal of Regulated Areas in Texas’’ ation Act of 1996 to provide, in fiscal mittee on Commerce, Science, and Transpor- (Docket No. APHIS-2007-0157) received on years 2008 through 2010, extensions of tation. September 8, 2008; to the Committee on Agri- supplemental security income for refu- EC–7587. A communication from the Pro- culture, Nutrition, and Forestry. gram Analyst, Federal Aviation Administra- EC–7598. A communication from the Con- gees, asylees, and certain other human- tion, Department of Transportation, trans- gressional Review Coordinator, Animal and itarian immigrants, and to amend the mitting, pursuant to law, the report of a rule Plant Health Inspection Service, Department Internal Revenue Code to collect un- entitled ‘‘Fees for Certification Services and of Agriculture, transmitting, pursuant to employment compensation debts re- Approvals Performed Outside the United law, the report of a rule entitled ‘‘Viral Hem- sulting from fraud. States’’ ((RIN2120-AI77)(Docket No. FAA- orrhagic Septicemia; Interstate Movement 2007-27043)) received on August 25, 2008; to the and Import Restrictions on Certain Live At 6:35 p.m., a message from the Committee on Commerce, Science, and Fish’’ ((RIN0579-AC74)(Docket No. APHIS- House of Representatives, delivered by Transportation. 2007-0038)) received on September 8, 2008; to Mr. Zapata, one of its reading clerks, EC–7588. A communication from the Pro- the Committee on Agriculture, Nutrition, and Forestry. announced that the House has passed gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–7599. A communication from the Ad- the following bill, without amendment: mitting, pursuant to law, the report of a rule ministrator, Agricultural Marketing Serv- S. 2339. An act to designate the Depart- entitled ‘‘Modification of Class E Airspace; ice, Department of Agriculture, transmit- ment of Veterans Affairs clinic in Alpena, Phillipsburg, KS’’ ((RIN2120-AA66)(Docket ting, pursuant to law, the report of a rule en- Michigan, as the ‘‘Lieutenant Colonel Clem- No. 06-ACE-13)) received on August 25, 2008; titled ‘‘Specialty Crop Block Grant Pro- ent C. Van Wagoner Department of Veterans to the Committee on Commerce, Science, gram—Farm Bill; Notice of Request for Ap- Affairs Clinic’’. and Transportation. proval of a New Information Collection’’ EC–7589. A communication from the Direc- ((RIN0581-AC88)(Docket No. AMS-FV-08- At 7:17 p.m., a message from the tor, Minerals Management Service, Depart- 0057)) received on September 8, 2008; to the House of Representatives, delivered by ment of the Interior, transmitting, pursuant Committee on Agriculture, Nutrition, and Ms. Niland, one of its reading clerks, to law, a report entitled ‘‘Report to Con- Forestry. announcing that the House has passed gress: Minerals Management Service Roy- EC–7600. A communication from the Ad- alty In Kind Operation Program’’ for Fiscal ministrator, Agricultural Marketing Serv- the following bill, in which it requests ice, Department of Agriculture, transmit- the concurrence of the Senate: Year 2007; to the Committee on Energy and Natural Resources. ting, pursuant to law, the report of a rule en- H.R. 6064. An act to encourage, enhance, EC–7590. A communication from the Chair- titled ‘‘Amendment of General Regulations and integrate Silver Alert plans throughout man, Federal Regulatory Commission, trans- for Fruit, Vegetable, and Nut Marketing the United States, to authorize grants for mitting, pursuant to law, the Commission’s Agreements and Marketing Orders; Addition the assistance of organizations to find miss- annual report, covering the fiscal year from of Supplemental Rules of Practice for ing adults, and for other purposes. October 1, 2006, through September 30, 2007; Amendatory Formal Rulemaking Pro- f to the Committee on Energy and Natural Re- ceedings’’ (Docket No. AMS-FV-08-0061) re- sources. ceived on September 8, 2008; to the Com- EXECUTIVE AND OTHER EC–7591. A communication from the Sec- mittee on Agriculture, Nutrition, and For- COMMUNICATIONS retary of Energy, transmitting, pursuant to estry. The following communications were law, a report entitled ‘‘Update to Congress EC–7601. A communication from the Ad- laid before the Senate, together with On the Russian Surplus Fissile Materials ministrator, Agricultural Marketing Serv- Disposition Program’’; to the Committee on ice, Department of Agriculture, transmit- accompanying papers, reports, and doc- Energy and Natural Resources. ting, pursuant to law, the report of a rule en- uments, and were referred as indicated: EC–7592. A communication from the Direc- titled ‘‘Domestic Dates Produced or Packed EC–7582. A communication from the Pro- tor, Office of Surface Mining, Department of in Riverside County, California; Decreased gram Analyst, Federal Aviation Administra- the Interior, transmitting, pursuant to law, Assessment Rate’’ (Docket No. AMS-FV-08-

VerDate Aug 31 2005 04:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.038 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8947 0056) received on September 8, 2008; to the received on September 2, 2008; to the Com- 8706-4) received on August 18, 2008; to the Committee on Agriculture, Nutrition, and mittee on Agriculture, Nutrition, and For- Committee on Environment and Public Forestry. estry. Works. EC–7602. A communication from the Ad- EC–7612. A communication from the Direc- EC–7622. A communication from the Direc- ministrator, Agricultural Marketing Serv- tor, Regulatory Management Division, Envi- tor, Regulatory Management Division, Envi- ice, Department of Agriculture, transmit- ronmental Protection Agency, transmitting, ronmental Protection Agency, transmitting, ting, pursuant to law, the report of a rule en- pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled titled ‘‘Dried Prunes Produced in California; ‘‘Hexythiazox; Pesticide Tolerances’’ (FRL ‘‘Residues of Quaternary Ammonium Com- Decreased Assessment Rate’’ (Docket No. No. 8378-8) received on September 2, 2008; to pounds, N-Alkyl (C12-18) dimethyl benzyl AMS-FV-08-0060) received on September 8, the Committee on Agriculture, Nutrition, ammonium chloride on Food Contact Sur- 2008; to the Committee on Agriculture, Nu- and Forestry. faces; Exemption from the Requirement of a trition, and Forestry. EC–7613. A communication from the Direc- Tolerance’’ (FRL No. 8376-9) received on Au- EC–7603. A communication from the Ad- tor, Regulatory Management Division, Envi- gust 18, 2008; to the Committee on Environ- ministrator, Agricultural Marketing Serv- ronmental Protection Agency, transmitting, ment and Public Works. ice, Department of Agriculture, transmit- pursuant to law, the report of a rule entitled EC–7623. A communication from the Direc- ting, pursuant to law, the report of a rule en- ‘‘Linuron; Pesticide Tolerance for Emer- tor, Regulatory Management Division, Envi- titled ‘‘Amendment of General Regulations gency Exemptions’’ (FRL No. 8379-6) received ronmental Protection Agency, transmitting, for Federal Milk Marketing Agreements and on September 2, 2008; to the Committee on pursuant to law, the report of a rule entitled Marketing Orders; Addition of Supplemental Agriculture, Nutrition, and Forestry. ‘‘Withdrawal of the Federal Water Quality Rules of Practice for Amendatory Formal EC–7614. A communication from the Acting Standards Use Designations for Soda Creek Rulemaking Proceedings’’ (Docket No. DA- Administrator, General Services Administra- and Portions of Canyon Creek, South Fork 08-04) received on September 8, 2008; to the tion, transmitting, a report of an additional Coeur d’Alene River, and Blackfoot River in Committee on Agriculture, Nutrition, and prospectus relative to the General Services Idaho’’ (FRL No. 8706-7) received on August Forestry. Administration’s Fiscal Year 2009 Capital In- 18, 2008; to the Committee on Environment EC–7604. A communication from the Ad- vestment and Leasing Program; to the Com- and Public Works. ministrator, Agricultural Marketing Serv- mittee on Environment and Public Works. EC–7624. A communication from the Chief, ice, Department of Agriculture, transmit- EC–7615. A communication from the Acting Listing of Endangered Species Branch, Fish ting, pursuant to law, the report of a rule en- Assistant Secretary for Water and Science, and Wildlife Service, transmitting, pursuant titled ‘‘National Fluid Milk Processor Pro- Department of the Interior, transmitting the to law, the report of a rule entitled ‘‘Endan- motion Program’’ (Docket No. DA-07-05) re- report of a draft bill entitled ‘‘Expand, Pro- gered and Threatened Wildlife and Plants; ceived on September 8, 2008; to the Com- tect, and Conserve our Nation’s Water Re- Designation of Critical Habitat for the mittee on Agriculture, Nutrition, and For- sources Act’’; to the Committee on Environ- Acanthomintha ilicifolia (San Diego estry. ment and Public Works. thornmint)’’ (RIN1018-AU86) received on Sep- EC–7605. A communication from the Ad- EC–7616. A communication from the Direc- tember 16, 2008; to the Committee on Envi- ministrator, Agricultural Marketing Serv- tor, Regulatory Management Division, Envi- ronment and Public Works. ice, Department of Agriculture, transmit- ronmental Protection Agency, transmitting, ting, pursuant to law, the report of a rule en- pursuant to law, the report of a rule entitled f titled ‘‘Milk in the Northeast and Other Mar- ‘‘Small Entity Compliance Guide to Ren- REPORTS OF COMMITTEES keting Areas; Delay of Effective Date’’ ovate Right: EPA’s Lead-Based Paint Ren- (Docket No. AMS-DA-07-0026) received on ovation, Repair, and Painting Program; No- The following reports of committees September 8, 2008; to the Committee on Agri- tice of Availability’’ received on September were submitted: culture, Nutrition, and Forestry. 9, 2008; to the Committee on Environment By Mr. LIEBERMAN, from the Committee EC–7606. A communication from the Ad- and Public Works. on Homeland Security and Governmental Af- ministrator, Rural Housing Service, Depart- EC–7617. A communication from the Direc- fairs, without amendment: ment of Agriculture, transmitting, pursuant tor, Regulatory Management Division, Envi- S. 3341. A bill to reauthorize and improve to law, the report of a rule entitled ‘‘Direct ronmental Protection Agency, transmitting, the Federal Financial Assistance Manage- Single Family Housing Loans and Grants (7 pursuant to law, the report of a rule entitled ment Improvement Act of 1999 (Rept. No. CFR Part 3550)’’ (RIN0575-AC69) received on ‘‘National Priorities List, Final Rule’’ (FRL 110–468). September 8, 2008; to the Committee on Agri- No. 8710-8) received on September 2, 2008; to By Mr. INOUYE, from the Committee on culture, Nutrition, and Forestry. the Committee on Environment and Public Commerce, Science, and Transportation, EC–7607. A communication from the Direc- Works. with an amendment in the nature of a sub- EC–7618. A communication from the Chief, tor, Regulatory Management Division, Envi- stitute: Listing of Endangered Species Branch, Fish ronmental Protection Agency, transmitting, S. 2907. A bill to establish uniform admin- and Wildlife Service, transmitting, pursuant pursuant to law, the report of a rule entitled istrative and enforcement procedures and to law, the report of a rule entitled ‘‘Endan- ‘‘Pyraflufen-ethyl; Time-Limited Pesticide penalties for the enforcement of the High gered and Threatened Wildlife and Plants; Tolerances’’ (FRL No. 8377-6) received on Seas Driftnet Fishing Moratorium Protec- Designation of Critical Habitat for the Bay September 2, 2008; to the Committee on Agri- tion Act and similar statutes, and for other Checkerspot Butterfly (Euphydryas editha culture, Nutrition, and Forestry. purposes (Rept. No. 110–469). EC–7608. A communication from the Direc- bayensis)’’ (RIN1018-AV24) received on Sep- tor, Regulatory Management Division, Envi- tember 8, 2008; to the Committee on Environ- f ronmental Protection Agency, transmitting, ment and Public Works. INTRODUCTION OF BILLS AND pursuant to law, the report of a rule entitled EC–7619. A communication from the Direc- ‘‘Tebuconazole; Pesticide Tolerances’’ (FRL tor, Regulatory Management Division, Envi- JOINT RESOLUTIONS No. 8376-7) received on September 2, 2008; to ronmental Protection Agency, transmitting, The following bills and joint resolu- the Committee on Agriculture, Nutrition, pursuant to law, the report of a rule entitled tions were introduced, read the first and Forestry. ‘‘Approval and Promulagation of Air Quality and second times by unanimous con- EC–7609. A communication from the Direc- Implementation Plans; Tennessee; Approval tor, Regulatory Management Division, Envi- of Revisions to the Nashville/Davidson Coun- sent, and referred as indicated: ronmental Protection Agency, transmitting, ty Portion’’ (FRL No. 8705-3) received on Au- By Mr. DORGAN: pursuant to law, the report of a rule entitled gust 18, 2008; to the Committee on Environ- S. 3503. A bill to amend the Public Health ‘‘Uniconazole-P; Pesticide Tolerances’’ (FRL ment and Public Works. Service Act to authorize increased Federal No. 8376-6) received on September 2, 2008; to EC–7620. A communication from the Direc- funding for the Organ Procurement and the Committee on Agriculture, Nutrition, tor, Regulatory Management Division, Envi- Transplantation Network; to the Committee and Forestry. ronmental Protection Agency, transmitting, on Health, Education, Labor, and Pensions. EC–7610. A communication from the Direc- pursuant to law, the report of a rule entitled By Mr. SALAZAR: tor, Regulatory Management Division, Envi- ‘‘Approval and Promulgation of Air Quality S. 3504. A bill to provide technical correc- ronmental Protection Agency, transmitting, Implementation Plans; Texas; Revisions to tions to the Technology Administration Act pursuant to law, the report of a rule entitled Chapter 117 and Emission Inventories for the of 1998, and for other purposes; to the Com- ‘‘Fludioxonil; Pesticide Tolerances’’ (FRL Dallas/Fort Worth 8-Hour Ozone Nonattain- mittee on Commerce, Science, and Transpor- No. 8379-9) received on September 2, 2008; to ment Area’’ (FRL No. 8704-8) received on Au- tation. the Committee on Agriculture, Nutrition, gust 18, 2008; to the Committee on Environ- By Mrs. LINCOLN (for herself, Ms. and Forestry. ment and Public Works. SNOWE, and Mr. ISAKSON): EC–7611. A communication from the Direc- EC–7621. A communication from the Direc- S. 3505. A bill to amend title XVIII of the tor, Regulatory Management Division, Envi- tor, Regulatory Management Division, Envi- Social Security Act to provide for the cov- ronmental Protection Agency, transmitting, ronmental Protection Agency, transmitting, erage of home infusion therapy under the pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled Medicare Program; to the Committee on Fi- ‘‘Chlorantraniliprole; Pesticide Tolerances ‘‘Approval and Promulgation of Plans; North nance. for Emergency Exemptions’’ (FRL No. 8378-2) Carolina: Miscellaneous Revisions’’ (FRL No. By Mr. REID (for Mr. OBAMA):

VerDate Aug 31 2005 03:14 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.040 S17SEPT1 smartinez on PROD1PC64 with SENATE S8948 CONGRESSIONAL RECORD — SENATE September 17, 2008 S. 3506. A bill to amend the Internal Rev- the sense of the Senate that the United sultation with the Secretary of Edu- enue Code of 1986 to increase the credit for States should join other developed nations cation, to develop a voluntary policy purchase of vehicles fueled by natural gas or and ban the exportation of toxic electronic for managing the risk of food allergy liquefied natural gas and to amend the Safe, waste to developing nations; to the Com- and anaphylaxis in schools, to estab- Accountable, Flexible, Efficient Transpor- mittee on Environment and Public Works. tation Equity Act: A Legacy for Users to re- By Mrs. DOLE: lish school-based food allergy manage- authorize the Clean School Bus Program of S. Res. 664. A resolution celebrating the ment grants, and for other purposes. the Environmental Protection Agency; to centennial of Union Station in Washington, S. 1335 the Committee on Finance. District of Colombia; to the Committee on At the request of Mr. INHOFE, the By Mr. REED (for himself, Mr. KEN- Environment and Public Works. name of the Senator from South Caro- NEDY, Mr. BAUCUS, Ms. STABENOW, f lina (Mr. DEMINT) was added as a co- Mrs. BOXER, Mr. OBAMA, Mr. SCHU- sponsor of S. 1335, a bill to amend title MER, Mr. WHITEHOUSE, Mr. BROWN, ADDITIONAL COSPONSORS Mr. DURBIN, Mr. LEVIN, Mr. ROCKE- 4, United States Code, to declare FELLER, Mr. KERRY, Mr. BIDEN, Mr. S. 215 English as the official language of the LAUTENBERG, Mrs. FEINSTEIN, Mr. At the request of Mr. DORGAN, the Government of the United States, and HARKIN, and Mr. DODD): name of the Senator from Illinois (Mr. for other purposes. S. 3507. A bill to provide for additional DURBIN) was added as a cosponsor of S. S. 1738 emergency unemployment compensation; to 215, a bill to amend the Communica- At the request of Mr. REID, the the Committee on Health, Education, Labor, tions Act of 1934 to ensure net neu- and Pensions. names of the Senator from Florida (Mr. By Mr. KOHL: trality. MARTINEZ), the Senator from Indiana S. 3508. A bill to authorize the Secretary of S. 505 (Mr. LUGAR), the Senator from Cali- Education to make grants to support early At the request of Ms. COLLINS, the fornia (Mrs. FEINSTEIN), the Senator college high schools and other dual enroll- name of the Senator from Connecticut from Connecticut (Mr. DODD) and the ment programs; to the Committee on Health, (Mr. LIEBERMAN) was added as a co- Senator from Michigan (Mr. LEVIN) Education, Labor, and Pensions. sponsor of S. 505, a bill to amend the were added as cosponsors of S. 1738, a By Mr. CASEY (for himself and Mr. CARDIN): Internal Revenue Code of 1986 to in- bill to establish a Special Counsel for S. 3509. A bill to address the ongoing hu- crease the above-the-line deduction for Child Exploitation Prevention and manitarian crisis in Iraq and potential secu- teacher classroom supplies and to ex- Interdiction within the Office of the rity breakdown resulting from the mass dis- pand such deduction to include quali- Deputy Attorney General, to improve placement of Iraqis inside Iraq and as refu- fied professional development expenses. the Internet Crimes Against Children gees into neighboring countries; to the Com- S. 625 Task Force, to increase resources for mittee on Foreign Relations. At the request of Mr. CORNYN, the regional computer forensic labs, and to By Mr. BUNNING: make other improvements to increase S. 3510. A bill to prohibit the Board of Gov- name of the Senator from Mississippi ernors of the Federal Reserve System from (Mr. WICKER) was added as a cosponsor the ability of law enforcement agencies making funds available at a discount rate to of S. 625, a bill to protect the public to investigate and prosecute predators. private individuals, partnerships, and cor- health by providing the Food and Drug S. 1981 porations; to the Committee on Banking, Administration with certain authority At the request of Mr. REED, the name Housing, and Urban Affairs. to regulate tobacco products. of the Senator from New York (Mrs. By Mrs. CLINTON (for herself, Mrs. S. 826 CLINTON) was added as a cosponsor of S. FEINSTEIN, Mr. BENNETT, Mr. DODD, Mr. HAGEL, Mr. SCHUMER, and Mr. At the request of Mr. MENENDEZ, the 1981, a bill to amend the Elementary ALEXANDER): names of the Senator from California and Secondary Education Act of 1965 S. 3511. A bill to direct the Librarian of (Mrs. BOXER), the Senator from Michi- regarding environmental education, Congress and the Secretary of the Smithso- gan (Mr. LEVIN) and the Senator from and for other purposes. nian Institution to carry out a joint project Alaska (Ms. MURKOWSKI) were added as S. 2209 at the Library of Congress and the National cosponsors of S. 826, a bill to post- At the request of Mr. HATCH, the Museum of African American History and Culture to collect video and audio recordings humously award a Congressional gold name of the Senator from Connecticut of personal histories and testimonials of in- medal to Alice Paul, in recognition of (Mr. LIEBERMAN) was added as a co- dividuals who participated in the Civil her role in the women’s suffrage move- sponsor of S. 2209, a bill to amend the Rights movement, and for other purposes; to ment and in advancing equal rights for Internal Revenue Code of 1986 to pro- the Committee on Rules and Administration. women. vide incentives to improve America’s By Mr. DURBIN (for himself, Mr. S. 961 research competitiveness, and for other BINGAMAN, and Mr. KOHL): purposes. S. 3512. A bill to require the Secretary of At the request of Mr. NELSON of Ne- Health and Human Services to remove social braska, the name of the Senator from S. 2320 security account numbers from Medicare Iowa (Mr. HARKIN) was added as a co- At the request of Mr. DURBIN, the identification cards and communications sponsor of S. 961, a bill to amend title name of the Senator from New Jersey provided to Medicare beneficiaries in order 46, United States Code, to provide bene- (Mr. MENENDEZ) was added as a cospon- to protect Medicare beneficiaries from iden- fits to certain individuals who served sor of S. 2320, a bill to amend title tity theft; to the Committee on Finance. in the United States Merchant Marine XVIII of the Social Security Act to By Mrs. CLINTON (for herself and Mrs. (including the Army Transport Service provide continued entitlement to cov- BOXER): S. 3513. A bill to direct the Administrator and the Naval Transport Service) dur- erage for immunosuppressive drugs fur- of the Environmental Protection Agency to ing World War II, and for other pur- nished to beneficiaries under the Medi- revise regulations relating to lead-based poses. care Program that have received a kid- paint hazards, lead-contaminated dust, and S. 1107 ney transplant and whose entitlement lead-contaminated soil, and for other pur- At the request of Mr. SMITH, the to coverage would otherwise expire, poses; to the Committee on Environment and name of the Senator from Iowa (Mr. and for other purposes. Public Works. HARKIN) was added as a cosponsor of S. S. 2619 f 1107, a bill to amend title XVIII of the At the request of Mr. COBURN, the SUBMISSION OF CONCURRENT AND Social Security Act to reduce cost- name of the Senator from North Caro- SENATE RESOLUTIONS sharing under part D of such title for lina (Mr. BURR) was added as a cospon- certain non-institutionalized full-ben- sor of S. 2619, a bill to protect innocent The following concurrent resolutions efit dual eligible individuals. Americans from violent crime in na- and Senate resolutions were read, and tional parks. referred (or acted upon), as indicated: S. 1232 At the request of Mr. DODD, the name S. 2641 By Mr. BROWN: S. Res. 663. A resolution expressing con- of the Senator from Minnesota (Ms. At the request of Mr. GRASSLEY, the cern over the current Federal policy that al- KLOBUCHAR) was added as a cosponsor name of the Senator from Pennsyl- lows the exportation of toxic electronic of S. 1232, a bill to direct the Secretary vania (Mr. SPECTER) was added as a co- waste to developing nations, and expressing of Health and Human Services, in con- sponsor of S. 2641, a bill to amend title

VerDate Aug 31 2005 03:14 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.043 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8949 XVIII and XIX of the Social Security against child exploitation and child shire (Mr. SUNUNU) was added as a co- Act to improve the transparency of in- pornography through improved Inter- sponsor of S. 3471, a bill to prohibit formation on skilled nursing facilities net Crimes Against Children task government-sponsored enterprises from and nursing facilities and to clarify forces and enhanced tools to block ille- making lobbying expenditures, polit- and improve the targeting of the en- gal images, and to eliminate the un- ical contributions, or other certain forcement of requirements with respect warranted release of convicted sex of- contributions. to such facilities. fenders. S. 3483 S. 2668 S. 3356 At the request of Mr. ENSIGN, the At the request of Mr. ENSIGN, the At the request of Mr. CHAMBLISS, the name of the Senator from Wisconsin name of the Senator from Georgia (Mr. names of the Senator from New York (Mr. FEINGOLD) was added as a cospon- ISAKSON) was added as a cosponsor of S. (Mrs. CLINTON), the Senator from Dela- sor of S. 3483, a bill to improve con- 2668, a bill to amend the Internal Rev- ware (Mr. CARPER), the Senator from sumer access to passenger vehicle loss enue Code of 1986 to remove cell phones Virginia (Mr. WEBB), the Senator from data held by insurers. from listed property under section West Virginia (Mr. ROCKEFELLER), the S. 3484 280F. Senator from Connecticut (Mr. At the request of Mr. SPECTER, the LIEBERMAN), the Senator from Arkan- S. 2760 names of the Senator from California sas (Mr. PRYOR) and the Senator from At the request of Mr. LEAHY, the (Mrs. BOXER), the Senator from Mon- Nebraska (Mr. HAGEL) were added as name of the Senator from Delaware tana (Mr. TESTER), the Senator from cosponsors of S. 3356, a bill to require (Mr. BIDEN) was added as a cosponsor of Rhode Island (Mr. WHITEHOUSE) and the the Secretary of the Treasury to mint S. 2760, a bill to amend title 10, United Senator from Alaska (Mr. STEVENS) coins in commemoration of the legacy States Code, to enhance the national were added as cosponsors of S. 3484, a of the United States Army Infantry defense through empowerment of the bill to provide for a delay in the phase and the establishment of the National National Guard, enhancement of the out of the hospice budget neutrality Infantry Museum and Soldier Center. functions of the National Guard Bu- adjustment factor under title XVIII of At the request of Mr. ISAKSON, the the Social Security Act. reau, and improvement of Federal- names of the Senator from Tennessee S. 3489 State military coordination in domes- (Mr. ALEXANDER), the Senator from At the request of Mrs. CLINTON, the tic emergency response, and for other Missouri (Mr. BOND), the Senator from name of the Senator from Oklahoma purposes. Kansas (Mr. BROWNBACK), the Senator (Mr. INHOFE) was added as a cosponsor S. 2776 from Maryland (Mr. CARDIN), the Sen- of S. 3489, a bill to require the Adminis- At the request of Ms. CANTWELL, the ator from Pennsylvania (Mr. CASEY), trator of the Environmental Protection name of the Senator from Alaska (Ms. the Senator from Minnesota (Mr. COLE- Agency to conduct a study on black MURKOWSKI) was added as a cosponsor MAN), the Senator from North Dakota carbon emissions. of S. 2776, a bill to provide duty-free (Mr. CONRAD), the Senator from Idaho S. 3498 treatment for certain goods from des- (Mr. CRAPO), the Senator from Nevada ignated Reconstruction Opportunity (Mr. ENSIGN), the Senator from South At the request of Mr. VOINOVICH, the Zones in Afghanistan and Pakistan, Carolina (Mr. GRAHAM), the Senator name of the Senator from Tennessee and for other purposes. from Iowa (Mr. GRASSLEY), the Senator (Mr. ALEXANDER) was added as a co- sponsor of S. 3498, a bill to amend title S. 2919 from Florida (Mr. MARTINEZ), the Sen- 46, United States Code, to extend the At the request of Mr. STEVENS, the ator from Alabama (Mr. SESSIONS), the exemption from the fire-retardant ma- name of the Senator from Arkansas Senator from Louisiana (Mr. VITTER), terials construction requirement for (Mrs. LINCOLN) was added as a cospon- the Senator from Delaware (Mr. vessels operating within the Boundary sor of S. 2919, a bill to promote the ac- BIDEN), the Senator from Ohio (Mr. Line. curate transmission of network traffic BROWN), the Senator from Vermont identification information. (Mr. LEAHY), the Senator from Michi- S. RES. 616 gan (Mr. LEVIN) and the Senator from At the request of Mrs. LINCOLN, the S. 3200 California (Mrs. BOXER) were added as names of the Senator from Illinois (Mr. At the request of Mr. SPECTER, the cosponsors of S. 3356, supra. DURBIN) and the Senator from North name of the Senator from Maine (Ms. S. 3367 Carolina (Mrs. DOLE) were added as co- SNOWE) was added as a cosponsor of S. At the request of Mr. SMITH, the sponsors of S. Res. 616, a resolution re- 3200, a bill to develop capacity and in- name of the Senator from Iowa (Mr. ducing maternal mortality both at frastructure for mentoring programs. HARKIN) was added as a cosponsor of S. home and abroad. S. 3246 3367, a bill to amend title XVIII of the S. RES. 660 At the request of Mr. CARDIN, the Social Security Act to revise the time- At the request of Mr. NELSON of Flor- name of the Senator from New Hamp- frame for recognition of certain des- ida, the names of the Senator from shire (Mr. SUNUNU) was added as a co- ignations in certifying rural health Iowa (Mr. HARKIN) and the Senator sponsor of S. 3246, a bill to amend the clinics under the Medicare program. from Rhode Island (Mr. WHITEHOUSE) Internal Revenue Code of 1986 to allow S. 3421 were added as cosponsors of S. Res. 660, the Secretary of the Treasury to set At the request of Mr. CORNYN, his a resolution condemning ongoing sales the standard mileage rate for use of a name was added as a cosponsor of S. of arms to belligerents in Sudan, in- passenger automobile for purposes of 3421, a bill to amend the Internal Rev- cluding the Government of Sudan, and the charitable contributions deduction. enue Code of 1986 to increase the stand- calling for both a cessation of such S. 3331 ard mileage rate for charitable pur- sales and an expansion of the United At the request of Mr. CRAPO, the poses to the standard mileage rate es- Nations embargo on arms sales to name of the Senator from Kansas (Mr. tablished by the Secretary of the Sudan. ROBERTS) was added as a cosponsor of Treasury for business purposes. S. RES. 661 S. 3331, a bill to amend the Internal S. 3429 At the request of Mr. DODD, the name Revenue Code of 1986 to require that At the request of Mr. SCHUMER, the of the Senator from Ohio (Mr. BROWN) the payment of the manufacturers’ ex- names of the Senator from California was added as a cosponsor of S. Res. 661, cise tax on recreational equipment be (Mrs. BOXER) and the Senator from a resolution supporting the goals and paid quarterly. Tennessee (Mr. ALEXANDER) were added ideals of National Spina Bifida Aware- S. 3344 as cosponsors of S. 3429, a bill to amend ness Month. At the request of Mr. COBURN, the the Internal Revenue Code to provide S. RES. 662 names of the Senator from Kentucky for an increased mileage rate for chari- At the request of Mr. LIEBERMAN, his (Mr. BUNNING), the Senator from Flor- table deductions. name was added as a cosponsor of S. ida (Mr. MARTINEZ) and the Senator S. 3471 Res. 662, a resolution raising the from Wyoming (Mr. ENZI) were added At the request of Mr. DEMINT, the awareness of the need for crime preven- as cosponsors of S. 3344, a bill to defend name of the Senator from New Hamp- tion in communities across the country

VerDate Aug 31 2005 03:14 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.045 S17SEPT1 smartinez on PROD1PC64 with SENATE S8950 CONGRESSIONAL RECORD — SENATE September 17, 2008 and designating the week of October 2, for defense activities of the Depart- be proposed to S. 3001, an original bill 2008, through October 4, 2008, as ‘‘Cele- ment of Energy, to prescribe military to authorize appropriations for fiscal brate Safe Communities’’ week. personnel strengths for such fiscal year 2009 for military activities of the AMENDMENT NO. 5269 year, and for other purposes. Department of Defense, for military At the request of Mr. CORKER, the AMENDMENT NO. 5374 construction, and for defense activities name of the Senator from Missouri At the request of Mr. DURBIN, his of the Department of Energy, to pre- (Mrs. MCCASKILL) was added as a co- name was added as a cosponsor of scribe military personnel strengths for sponsor of amendment No. 5269 in- amendment No. 5374 intended to be pro- such fiscal year, and for other pur- tended to be proposed to S. 3001, an posed to S. 3001, an original bill to au- poses. original bill to authorize appropria- thorize appropriations for fiscal year AMENDMENT NO. 5538 tions for fiscal year 2009 for military 2009 for military activities of the De- At the request of Mr. CORKER, the activities of the Department of De- partment of Defense, for military con- name of the Senator from Missouri fense, for military construction, and struction, and for defense activities of (Mrs. MCCASKILL) was added as a co- for defense activities of the Depart- the Department of Energy, to prescribe sponsor of amendment No. 5538 in- ment of Energy, to prescribe military military personnel strengths for such tended to be proposed to S. 3001, an personnel strengths for such fiscal fiscal year, and for other purposes. original bill to authorize appropria- year, and for other purposes. AMENDMENT NO. 5406 tions for fiscal year 2009 for military AMENDMENT NO. 5302 At the request of Mr. LEAHY, the activities of the Department of De- At the request of Mr. NELSON of Flor- names of the Senator from California fense, for military construction, and ida, the name of the Senator from West (Mrs. FEINSTEIN) and the Senator from for defense activities of the Depart- Virginia (Mr. BYRD) was added as a co- Delaware (Mr. BIDEN) were added as co- ment of Energy, to prescribe military sponsor of amendment No. 5302 in- sponsors of amendment No. 5406 in- personnel strengths for such fiscal tended to be proposed to S. 3001, an tended to be proposed to S. 3001, an year, and for other purposes. original bill to authorize appropria- original bill to authorize appropria- AMENDMENT NO. 5542 tions for fiscal year 2009 for military tions for fiscal year 2009 for military At the request of Mrs. CLINTON, the activities of the Department of De- activities of the Department of De- name of the Senator from Florida (Mr. fense, for military construction, and fense, for military construction, and NELSON) was added as a cosponsor of for defense activities of the Depart- for defense activities of the Depart- amendment No. 5542 intended to be pro- ment of Energy, to prescribe military ment of Energy, to prescribe military posed to S. 3001, an original bill to au- personnel strengths for such fiscal personnel strengths for such fiscal thorize appropriations for fiscal year year, and for other purposes. year, and for other purposes. 2009 for military activities of the De- AMENDMENT NO. 5330 AMENDMENT NO. 5509 partment of Defense, for military con- At the request of Mr. CORNYN, the At the request of Mr. BAYH, the name struction, and for defense activities of names of the Senator from Iowa (Mr. of the Senator from Maine (Ms. COL- the Department of Energy, to prescribe GRASSLEY), the Senator from Ten- LINS) was added as a cosponsor of military personnel strengths for such nessee (Mr. ALEXANDER), the Senator amendment No. 5509 intended to be pro- fiscal year, and for other purposes. from Oklahoma (Mr. INHOFE), the Sen- posed to S. 3001, an original bill to au- AMENDMENT NO. 5567 ator from Idaho (Mr. CRAIG), the Sen- thorize appropriations for fiscal year At the request of Mr. REID, the ator from Mississippi (Mr. COCHRAN), 2009 for military activities of the De- names of the Senator from Kentucky the Senator from Kansas (Mr. ROB- partment of Defense, for military con- (Mr. BUNNING) and the Senator from ERTS), the Senator from South Dakota struction, and for defense activities of Washington (Ms. CANTWELL) were (Mr. THUNE) and the Senator from Wy- the Department of Energy, to prescribe added as cosponsors of amendment No. oming (Mr. ENZI) were added as cospon- military personnel strengths for such 5567 intended to be proposed to S. 3001, sors of amendment No. 5330 intended to fiscal year, and for other purposes. an original bill to authorize appropria- be proposed to S. 3001, an original bill AMENDMENT NO. 5517 tions for fiscal year 2009 for military to authorize appropriations for fiscal At the request of Mr. BAYH, the activities of the Department of De- year 2009 for military activities of the names of the Senator from Illinois (Mr. fense, for military construction, and Department of Defense, for military OBAMA) and the Senator from New for defense activities of the Depart- construction, and for defense activities York (Mrs. CLINTON) were added as co- ment of Energy, to prescribe military of the Department of Energy, to pre- sponsors of amendment No. 5517 in- personnel strengths for such fiscal scribe military personnel strengths for tended to be proposed to S. 3001, an year, and for other purposes. such fiscal year, and for other pur- original bill to authorize appropria- AMENDMENT NO. 5572 poses. tions for fiscal year 2009 for military At the request of Mr. DODD, the AMENDMENT NO. 5339 activities of the Department of De- names of the Senator from Illinois (Mr. At the request of Mr. ALEXANDER, the fense, for military construction, and DURBIN) and the Senator from Ken- name of the Senator from Washington for defense activities of the Depart- tucky (Mr. BUNNING) were added as co- (Ms. CANTWELL) was added as a cospon- ment of Energy, to prescribe military sponsors of amendment No. 5572 in- sor of amendment No. 5339 intended to personnel strengths for such fiscal tended to be proposed to S. 3001, an be proposed to S. 3001, an original bill year, and for other purposes. original bill to authorize appropria- to authorize appropriations for fiscal AMENDMENT NO. 5519 tions for fiscal year 2009 for military year 2009 for military activities of the At the request of Mr. JOHNSON, the activities of the Department of De- Department of Defense, for military name of the Senator from Michigan fense, for military construction, and construction, and for defense activities (Mr. LEVIN) was added as a cosponsor of for defense activities of the Depart- of the Department of Energy, to pre- amendment No. 5519 intended to be pro- ment of Energy, to prescribe military scribe military personnel strengths for posed to S. 3001, an original bill to au- personnel strengths for such fiscal such fiscal year, and for other pur- thorize appropriations for fiscal year year, and for other purposes. poses. 2009 for military activities of the De- AMENDMENT NO. 5592 AMENDMENT NO. 5363 partment of Defense, for military con- At the request of Ms. SNOWE, the At the request of Mr. LEAHY, the struction, and for defense activities of name of the Senator from Alaska (Mr. name of the Senator from West Vir- the Department of Energy, to prescribe STEVENS) was added as a cosponsor of ginia (Mr. BYRD) was added as a co- military personnel strengths for such amendment No. 5592 intended to be pro- sponsor of amendment No. 5363 in- fiscal year, and for other purposes. posed to S. 3001, an original bill to au- tended to be proposed to S. 3001, an AMENDMENT NO. 5520 thorize appropriations for fiscal year original bill to authorize appropria- At the request of Mr. KERRY, the 2009 for military activities of the De- tions for fiscal year 2009 for military name of the Senator from Minnesota partment of Defense, for military con- activities of the Department of De- (Mr. COLEMAN) was added as a cospon- struction, and for defense activities of fense, for military construction, and sor of amendment No. 5520 intended to the Department of Energy, to prescribe

VerDate Aug 31 2005 03:14 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.046 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8951 military personnel strengths for such Home Infusion Coverage Act, which STABENOW, Mrs. BOXER, Mr. fiscal year, and for other purposes. will help us improve care and reduce OBAMA, Mr. SCHUMER, Mr. AMENDMENT NO. 5596 costs. Today we know that the average WHITEHOUSE, Mr. BROWN, Mr. At the request of Ms. LANDRIEU, the Medicare beneficiary must shoulder DURBIN, Mr. LEVIN, Mr. ROCKE- name of the Senator from Louisiana nearly half their health care costs. At FELLER, Mr. KERRY, Mr. BIDEN, (Mr. VITTER) was added as a cosponsor the same time Medicare faces serious Mr. LAUTENBERG, Mrs. FEIN- of amendment No. 5596 intended to be fiscal challenges. Currently, the Part STEIN, Mr. HARKIN, and Mr. proposed to S. 3001, an original bill to A, hospital, Trust Fund faces insol- DODD): authorize appropriations for fiscal year vency in 2019, when expenditures will S. 3507. A bill to provide for addi- 2009 for military activities of the De- exceed projected contributions and re- tional emergency unemployment com- partment of Defense, for military con- quire additional taxpayer support to pensation; to the Committee on struction, and for defense activities of maintain the care our seniors and so Health, Education, Labor, and Pen- the Department of Energy, to prescribe many disabled Americans require. sions. military personnel strengths for such There is another way, and that is to Mr. REED. Mr. President, I ask unan- fiscal year, and for other purposes. reform care delivery to emphasize high imous consent that the text of the bill quality, lower cost care. Today the be printed in the RECORD. AMENDMENT NO. 5601 many serious conditions—including At the request of Mr. REID, the name There being no objection, the text of some cancers and drug-resistant infec- the bill was ordered to be printed in of the Senator from Illinois (Mr. tions—require the use of infusion ther- the RECORD, as follows: OBAMA) was added as a cosponsor of apy. Such treatment involves the ad- amendment No. 5601 intended to be pro- ministration of medication directly S. 3507 posed to S. 3001, an original bill to au- into the bloodstream via a needle or Be it enacted by the Senate and House of Rep- thorize appropriations for fiscal year catheter. Specialized equipment, sup- resentatives of the United States of America in 2009 for military activities of the De- plies, and professional services (such as Congress assembled, partment of Defense, for military con- sterile drug compounding, care coordi- SECTION 1. SHORT TITLE. struction, and for defense activities of nation, and patient education and mon- This Act may be cited as the ‘‘Unemploy- the Department of Energy, to prescribe itoring) are part of such therapy. The ment Compensation Extension Act of 2008’’. military personnel strengths for such course of infusion treatment often SEC. 2. ADDITIONAL FIRST-TIER BENEFITS. fiscal year, and for other purposes. lasts for several hours per day over a Section 4002(b)(1) of the Supplemental Ap- AMENDMENT NO. 5602 six-to-eight week period. propriations Act, 2008 (26 U.S.C. 3304 note) is amended— At the request of Mr. REID, the name The unfortunate fact is that Medi- (1) in subparagraph (A), by striking ‘‘50’’ of the Senator from Illinois (Mr. care patients requiring infusion ther- and inserting ‘‘80’’; and OBAMA) was added as a cosponsor of apy must either bear that cost them- (2) in subparagraph (B), by striking ‘‘13’’ amendment No. 5602 intended to be pro- selves, or endure hospitalization in and inserting ‘‘20’’. posed to S. 3001, an original bill to au- order to receive coverage. Though SEC. 3. SECOND-TIER BENEFITS. thorize appropriations for fiscal year Medicare pays for infusion drugs, it Section 4002 of the Supplemental Appro- 2009 for military activities of the De- does not pay for the services, equip- priations Act, 2008 (26 U.S.C. 3304 note) is partment of Defense, for military con- ment, and supplies necessary to safely amended by adding at the end the following: struction, and for defense activities of provide infusion therapy in the home. ‘‘(c) SPECIAL RULE.— the Department of Energy, to prescribe Not surprisingly, even though home in- ‘‘(1) IN GENERAL.—If, at the time that the military personnel strengths for such fusion therapy may cost as little as amount established in an individual’s ac- fiscal year, and for other purposes. $100 a day, too few seniors can bear count under subsection (b)(1) is exhausted or at any time thereafter, such individual’s AMENDMENT NO. 5608 that cost. The result is that patients are hos- State is in an extended benefit period (as de- At the request of Mr. CORNYN, the termined under paragraph (2)), such account pitalized needlessly, driving costs of names of the Senator from Iowa (Mr. shall be augmented by an amount equal to treatment as much as 10–20 times high- GRASSLEY), the Senator from Ten- the lesser of— er than treatment in the home. That is nessee (Mr. ALEXANDER), the Senator ‘‘(A) 50 percent of the total amount of reg- wasteful to Medicare and may even ular compensation (including dependents’ al- from Oklahoma (Mr. INHOFE), the Sen- place the patient at risk. That is be- lowances) payable to the individual during ator from Idaho (Mr. CRAIG), the Sen- cause unnecessary hospitalization the individual’s benefit year under the State ator from Mississippi (Mr. COCHRAN), places individuals at risk of acquiring law, or the Senator from Kansas (Mr. ROB- a health care-acquired infection—one ‘‘(B) 13 times the individual’s average ERTS), the Senator from South Dakota which is frequently drug resistant and weekly benefit amount (as determined under (Mr. THUNE) and the Senator from Wy- subsection (b)(2)) for the benefit year. can be life-threatening. oming (Mr. ENZI) were added as cospon- ‘‘(2) EXTENDED BENEFIT PERIOD.—For pur- Private health plans have long under- poses of paragraph (1), a State shall be con- sors of amendment No. 5608 intended to stood that home infusion therapy is be proposed to S. 3001, an original bill sidered to be in an extended benefit period, not only less costly, but safer as well. as of any given time, if— to authorize appropriations for fiscal Thus private coverage for home infu- ‘‘(A) such a period is then in effect for such year 2009 for military activities of the sion therapy is common. Private plans State under the Federal-State Extended Un- Department of Defense, for military also recognize that patients benefit employment Compensation Act of 1970; construction, and for defense activities from avoiding hospitalization. At home ‘‘(B) such a period would then be in effect of the Department of Energy, to pre- they have familiar, comfortable sur- for such State under such Act if section scribe military personnel strengths for roundings, and family conveniently at 203(d) of such Act— ‘‘(i) were applied by substituting ‘4’ for ‘5’ such fiscal year, and for other pur- hand—no small concerns when fighting poses. each place it appears; and a serious illness. ‘‘(ii) did not include the requirement under f It is clear we must change the status paragraph (1)(A) thereof; or STATEMENTS ON INTRODUCED quo, and achieve safer, most cost-effec- ‘‘(C) such a period would then be in effect BILLS AND JOINT RESOLUTIONS tive treatment. By extending coverage for such State under such Act if— of infusion therapy to the home, we ‘‘(i) section 203(f) of such Act were applied By Mrs. LINCOLN (for herself, will correct this unintended and unnec- to such State (regardless of whether the Ms. SNOWE, and Mr. ISAKSON): essary gap in Medicare coverage. State by law had provided for such applica- S. 3505. A bill to amend title XVIII of I hope my colleagues will join us in tion); and the Social Security Act to provide for ‘‘(ii) such section 203(f)— support of this legislation so we may ‘‘(I) were applied by substituting ‘6.0’ for the coverage of home infusion therapy further the goals of improving patient under the Medicare Program; to the ‘6.5’ in paragraph (1)(A)(i) thereof; and safety and reducing our escalating ‘‘(II) did not include the requirement under Committee on Finance. health care costs. paragraph (1)(A)(ii) thereof. Ms. SNOWE. Mr. President, today I ‘‘(3) LIMITATION.—The account of an indi- join my colleague, Senator LINCOLN of By Mr. REED (for himself, Mr. vidual may be augmented not more than Arkansas, to introduce the Medicare KENNEDY, Mr. BAUCUS, Ms. once under this subsection.’’.

VerDate Aug 31 2005 03:14 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.047 S17SEPT1 smartinez on PROD1PC64 with SENATE S8952 CONGRESSIONAL RECORD — SENATE September 17, 2008 SEC. 4. PHASEOUT PROVISIONS. drop out of high school are at increased of students who complete a recognized post- Section 4007(b) of the Supplemental Appro- risk for unemployment and incarcer- secondary credential by the age of 26, includ- priations Act, 2008 (26 U.S.C. 3304 note) is ation, and they are more likely to de- ing among low-income students and students amended— pend on public assistance for from other populations underrepresented in (1) in paragraph (1), by striking ‘‘paragraph higher education. (2),’’ and inserting ‘‘paragraphs (2) and (3),’’; healthcare, housing and other basic needs. Conversely, adults with a bach- SEC. 3. DEFINITIONS. and For purposes of this Act: (2) by striking paragraph (2) and inserting elor’s degree will earn two thirds more (1) DUAL ENROLLMENT PROGRAM.—The term the following: than a high school graduate over the ‘‘dual enrollment program’’ means an aca- ‘‘(2) NO AUGMENTATION AFTER MARCH 31, course of their working lives and are demic program through which a high school 2009.—If the amount established in an indi- much less likely to experience unem- student is able simultaneously to earn credit vidual’s account under subsection (b)(1) is ployment or rely on social programs. toward a high school diploma and a postsec- exhausted after March 31, 2009, then section For these reasons, I ask my col- ondary degree or certificate. 4002(c) shall not apply and such account shall leagues to support this bill, which pro- (2) EARLY COLLEGE HIGH SCHOOL.—The term not be augmented under such section, re- vides competitive grant funding for ‘‘early college high school’’ means a high gardless of whether such individual’s State is dual enrollment programs that allow school that provides a course of study that in an extended benefit period (as determined enables a student to earn a high school di- under paragraph (2) of such section). low-income students to earn college ploma and either an associate’s degree or one ‘‘(3) TERMINATION.—No compensation under credit and a high school diploma at the to two years of college credit toward a post- this title shall be payable for any week be- same time. The Gates Foundation has secondary degree or credential. ginning after November 27, 2009.’’. been funding and evaluating such pro- (3) EDUCATIONAL SERVICE AGENCY.—The SEC. 5. TEMPORARY FEDERAL MATCHING FOR grams for several years now, and they term ‘‘educational service agency’’ means an THE FIRST WEEK OF EXTENDED have found that these programs work. educational service agency as defined by sec- BENEFITS FOR STATES WITH NO Students can be motivated by a chal- tion 9101 of the Elementary and Secondary WAITING WEEK. Education Act of 1965 (20 U.S.C. 7801). With respect to weeks of unemployment lenging curriculum and the tangible re- (4) ELIGIBLE ENTITY.—The term ‘‘eligible beginning after the date of enactment of this wards of achievement, including free entity’’ means a local educational agency, Act and ending on or before December 8, 2009, college credit and exposure to career which may be an educational service agency, subparagraph (B) of section 204(a)(2) of the opportunities. These programs have in a collaborative partnership with an insti- Federal-State Extended Unemployment shown incredible promise as a tool for tution of higher education. Such partnership Compensation Act of 1970 (26 U.S.C. 3304 increasing attendance, graduation, and also may include other entities, such as a note) shall not apply. college enrollment rates, particularly nonprofit organization with experience in SEC. 6. EFFECTIVE DATE. among low-income high school stu- youth development. The amendments made by sections 2, 3, and dents. Dual enrollment puts students (5) INSTITUTION OF HIGHER EDUCATION.—The 4 shall apply as if included in the enactment term ‘‘institution of higher education’’ of the Supplemental Appropriations Act, on the fast track to college and in- means an institution of higher education as 2008. creases the odds that they will not defined by section 102 of the Higher Edu- only graduate, but go on to continue cation Act of 1965 (20 U.S.C. 1002). By Mr. KOHL: their education and secure higher-pay- (6) LOCAL EDUCATIONAL AGENCY.—The term S. 3508. A bill to authorize the Sec- ing jobs. ‘‘local educational agency’’ means a local retary of Education to make grants to Specifically, this bill authorizes educational agency as defined by section 9101 support early college high schools and $100,000,000 for competitive 6-year of the Elementary and Secondary Education other dual enrollment programs; to the grants to schools, with priority given Act of 1965 (20 U.S.C. 7801). Committee on Health, Education, to schools that serve low-income stu- (7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education. Labor, and Pensions. dents. The funding will help defray the SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Mr. KOHL. Mr. President, today I am costs of tuition, textbooks, transpor- (a) EARLY COLLEGE HIGH SCHOOLS.—To sup- doing my part to end the growing crisis tation, and other associated costs for port early college high schools under this of high school dropouts. I am intro- students in early college high school Act, there are authorized to be appropriated ducing the Fast Track to College Act, and other dual enrollment programs. $50,000,000 for fiscal year 2009 and such sums a bill to increase high school gradua- The bill also includes an evaluation as may be necessary for each of fiscal years tion rates and improve access to col- component so we can measure the pro- 2010 through 2014. lege through the expansion of dual en- gram’s effectiveness. (b) OTHER DUAL ENROLLMENT PROGRAMS.— rollment programs and early college I believe this investment in our To support other dual enrollment programs schools will help solve the dropout cri- under this Act, there are authorized to be ap- high schools. Such programs allow propriated $50,000,000 for fiscal year 2009 and young people to earn up to 2 years of sis and secure America’s future by en- such sums as may be necessary for each of college credit, including an associate’s suring that all young people can com- fiscal years 2010 through 2014. degree, while also earning their high pete in today’s global economy. Fur- (c) FUNDS RESERVED.—The Secretary shall school diploma. ther, I believe that all children, regard- reserve 3 percent of funds appropriated pur- As we work to reauthorize the No less of income or other factors, deserve suant to subsection (b) for grants to States Child Left Behind Act, we must find so- equal opportunities to fulfill their po- under section 9. lutions to the growing dropout crisis tential, and it is both morally and fis- SEC. 5. AUTHORIZED PROGRAM. facing our Nation’s high schools and cally responsible for this Congress to (a) IN GENERAL.—The Secretary is author- ized to award six-year grants to eligible enti- provide opportunities for young people invest in high-quality educational pro- ties seeking to establish a new or support an to pursue higher education. Recent re- grams that help them reach that po- existing early college high school or other ports have illustrated the enormous tential. dual enrollment program. challenge: the national graduation rate I urge my colleagues to support this (b) GRANT AMOUNT.—A grant under this is only 70 percent and is significantly important legislation. Act shall not exceed $2,000,000. lower in many large urban school dis- Mr. President, I ask unanimous con- (c) MATCHING REQUIREMENT.— tricts. For example, my home State of sent that the text of the bill be printed (1) IN GENERAL.—An eligible entity shall Wisconsin has a relatively high gradua- in the RECORD. contribute matching funds toward the costs of the early college high school or other dual tion rate of 86 percent, but that rate There being no objection, the text of the bill was ordered to be printed in enrollment program to be supported under drops to only 46 percent in the urban this Act, of which not less than half shall be schools in Milwaukee. Such an achieve- the RECORD, as follows: from non-Federal sources, which funds shall ment gap cannot continue. S. 3508 represent not less than the following: For America to remain a leader in to- Be it enacted by the Senate and House of Rep- (A) 20 percent of the grant amount received day’s increasingly global economy, we resentatives of the United States of America in in each of the first and second years of the must ensure that all young people ob- Congress assembled, grant. tain not only a high school diploma, SECTION 1. SHORT TITLE. (B) 30 percent in each of the third and This Act may be cited as the ‘‘Fast Track fourth years. but a postsecondary education as well. to College Act of 2008’’. (C) 40 percent in the fifth year. High dropout rates and low college at- SEC. 2. PURPOSE. (D) 50 percent in the sixth year. tendance rates hurt individuals, fami- The purpose of this Act is to increase high (2) DETERMINATION OF AMOUNT CONTRIB- lies, and society. Young people who school graduation rates and the percentage UTED.—The Secretary shall allow an eligible

VerDate Aug 31 2005 03:14 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.037 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8953 entity to satisfy the requirement of this sub- such manner, and including such informa- (13) how the eligible entity will help stu- section through in-kind contributions. tion as the Secretary determines to be ap- dents meet eligibility criteria for postsec- (d) SUPPLEMENT, NOT SUPPLANT.—An eligi- propriate. ondary courses; and ble entity shall use a grant received under (b) CONTENTS OF APPLICATION.—At a min- (14) how the eligible entity will sustain the this Act only to supplement funds that imum, the application described in sub- early college high school or other dual en- would, in the absence of such grant, be made section (a) shall include a description of— rollment program after the grant expires. available from non-Federal funds for support (1) the early college high school’s or other (c) ASSURANCES.—An eligible entity’s ap- of the activities described in the eligible en- dual enrollment program’s budget; plication under subsection (a) shall include tity’s application under section 7, and not to (2) each partner in the eligible entity and assurances that— supplant such funds. its experience with early college high (1) in the case of an early college high (e) PRIORITY.—In awarding grants under schools or other dual enrollment programs, school, the majority of courses offered, in- this Act, the Secretary shall give priority to key personnel from each partner and their cluding of postsecondary courses, will be of- applicants— responsibilities for the early college high fered at facilities of the institution of higher (1) that propose to establish or support an school or dual enrollment program, and how education; early college high school or other dual en- the eligible entity will work with secondary (2) students will not be required to pay tui- rollment program that will serve a student and postsecondary teachers, other public and tion or fees for postsecondary courses; population of which 40 percent or more are private entities, community-based organiza- (3) postsecondary credits earned will be students counted under section 1113(a)(5) of tions, businesses, and labor organizations to transcribed upon completion of the requisite the Elementary and Secondary Education ensure that students will be prepared to suc- coursework; and Act of 1965 (20 U.S.C. 6313(a)(5)); and ceed in postsecondary education and employ- (4) faculty teaching postsecondary courses (2) from States that provide assistance to ment, which may include the development of meet the normal standards for faculty estab- early college high schools or other dual en- an advisory board; lished by the institution of higher education. rollment programs, such as assistance to de- (3) how the eligible entity will target and (d) WAIVER.—The Secretary may waive the fray the costs of higher education, such as recruit at-risk youth, including those at risk requirement of subsection (c)(1) upon a show- tuition, fees, and textbooks. of dropping out of school, first generation ing that it is impractical to apply due to ge- (f) GEOGRAPHIC DISTRIBUTION.—The Sec- college students, and students from popu- ographic considerations. retary shall, to the maximum extent prac- lations described in section SEC. 8. PEER REVIEW. ticable, ensure that grantees are from a rep- 1111(b)(2)(C)(v)(II) of the Elementary and (a) PEER REVIEW OF APPLICATIONS.—The resentative cross-section of urban, suburban, Secondary Education Act of 1965 (20 U.S.C. Secretary shall establish peer review panels and rural areas. 6311(b)(2)(C)(v)(II)); to review applications submitted pursuant to SEC. 6. USES OF FUNDS. (4) a system of student supports for stu- section 7 and to advise the Secretary regard- (a) MANDATORY ACTIVITIES.—An eligible en- dents in the early college high school or ing such applications. tity shall use grant funds received under sec- other dual enrollment program, including (b) COMPOSITION OF PEER REVIEW PANELS.— tion 5 to support the activities described in small group activities, tutoring, literacy and The Secretary shall ensure that each peer re- its application, including for the following: numeracy skill development in all academic view panel is not comprised wholly of full- (1) PLANNING YEAR.—In the case of a new disciplines, parental outreach, extended time officers or employees of the Federal early college high school or dual enrollment learning time, and college readiness activi- Government and includes, at a minimum— program, during the first year of the grant— ties, such as early college academic seminars (1) experts in the establishment and admin- (A) hiring a principal and staff, as appro- and counseling; istration of early college high schools or priate; (5) in the case of an early college high other dual enrollment programs from the (B) designing the curriculum and sequence school, how a graduation and career plan high school and college perspective; of courses in collaboration with at a min- will be developed, consistent with State (2) faculty at institutions of higher edu- imum, teachers from the local educational graduation requirements, for each student cation and secondary school teachers with agency and faculty from the partner institu- and reviewed each semester; expertise in dual enrollment; and tion of higher education; (6) how parents or guardians of dually en- (3) experts in the education of at-risk stu- (C) educating parents and the community rolled students will be informed of the stu- dents. about the school; dents’ academic performance and progress SEC. 9. GRANTS TO STATES. (D) recruiting students; and, subject to paragraph (5), involved in the (a) IN GENERAL.—The Secretary is author- (E) liaison activities among partners in the development of the students’ career and ized to award six-year grants to State agen- eligible entity; and graduation plan; cies responsible for secondary or postsec- (F) coordinating secondary and postsec- (7) coordination activities between the in- ondary education for efforts to support or es- ondary support services, academic calendars, stitution of higher education and the local tablish statewide dual enrollment programs. and transportation. educational agency, including regarding aca- (b) APPLICATION.—To receive a grant under (2) IMPLEMENTATION PERIOD.—During the demic calendars, provision of student serv- this section, a State agency shall submit to remainder of the grant period— ices, curriculum development, and profes- the Secretary an application at such time, in (A) academic and social support services, sional development; such manner, and including such informa- including counseling; (8) how the eligible entity will ensure that tion as the Secretary determines to be ap- (B) student recruitment and community teachers in the early college high school or propriate. education and engagement; other dual enrollment program receive ap- (c) CONTENTS OF APPLICATION.—At a min- (C) professional development, including propriate professional development and imum, the application described in sub- joint professional development for secondary other supports, including to enable the section (b) shall include— school and faculty from the institution of teachers to help English-language learners, (1) how the State will create outreach pro- higher education; and students with disabilities, and students from grams to ensure that middle and high school (D) school design and planning team activi- diverse cultural backgrounds to succeed; students and their families are aware of dual ties, including curriculum development. (9) learning opportunities for students that enrollment programs in the State; (b) ALLOWABLE ACTIVITIES.—An eligible en- complement classroom experiences, such as (2) how the State will provide technical as- tity may also use grant funds received under internships, career-based capstone projects, sistance to local dual enrollment programs this Act to otherwise support the activities and opportunities provided under chapters 1 as appropriate; described in its application, including— and 2 of subpart 2 of part A of title IV of the (3) how the State will ensure the quality of (1) purchasing textbooks and equipment Higher Education Act of 1965 (20 U.S.C. 1070a– State and local dual enrollment programs; that support academic programs; 11 et seq., 1070a–21 et seq.); and (2) learning opportunities for students that (10) a plan to ensure that postsecondary (4) such other information as the Secretary complement classroom experiences, such as credits earned will be transferable to, at a determines to be appropriate. internships, career-based capstone projects, minimum, public institutions of higher edu- (d) STATE ACTIVITIES.—A State receiving a and opportunities provided under chapters 1 cation within the State, consistent with ex- grant under this section shall use such funds and 2 of subpart 2 of part A of title IV of the isting statewide articulation agreement; for— Higher Education Act of 1965 (20 U.S.C. 1070a– (11) student assessments and other meas- (1) planning and implementing a statewide 11 et seq., 1070a–21 et seq.); urements of student achievement that will strategy for expanding access to dual enroll- (3) transportation; be used, including benchmarks for student ment programs for students who are under- (4) planning time for high school and col- achievement; represented in higher education; and lege educators to collaborate; and (12) outreach programs to provide elemen- (2) providing technical assistance to local (5) data collection, sharing, reporting, and tary and secondary school students, espe- dual enrollment programs. evaluation. cially those in middle grades, and their par- SEC. 10. REPORTING AND OVERSIGHT. SEC. 7. APPLICATION. ents, teachers, school counselors, and prin- (a) REPORTING BY GRANTEES.— (a) IN GENERAL.—To receive a grant under cipals information about and academic prep- (1) IN GENERAL.—The Secretary shall estab- section 5, an eligible entity shall submit to aration for the early college high school or lish uniform guidelines for all grantees the Secretary an application at such time, in other dual enrollment program; under section 5, and uniform guidelines for

VerDate Aug 31 2005 03:14 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.034 S17SEPT1 smartinez on PROD1PC64 with SENATE S8954 CONGRESSIONAL RECORD — SENATE September 17, 2008 all grantees under section 9, concerning in- S. 3510. A bill to prohibit the Board of The same Social Security number formation such grantees annually shall re- Governors of the Federal Reserve Sys- that the Social Security Administra- port to the Secretary to demonstrate a tem from making funds available at a tion believes is so sensitive that it grantee’s progress toward achieving the discount rate to private individuals, should not be carried in your wallet is goals of this Act. partnerships, and corporations; to the found on the Medicare cards that 44 (2) CONTENTS OF REPORT.—At a minimum, the report described in paragraph (1) shall in- Committee on Banking, Housing, and million beneficiaries carry with them clude, for eligible entities receiving funds Urban Affairs. at all times to access health care serv- under section 5, for each category of stu- Mr. BUNNING. Mr. President, I ask ices. CMS expressly instructs Medicare dents described in section 1111(h)(1)(C)(i) of unanimous consent that the text of the beneficiaries to carry their Medicare the Elementary and Secondary Education bill be printed in the RECORD. card in their wallet or purse as proof of Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i)): There being no objection, the text of insurance, making their Social Secu- (A) The number of students. the bill was ordered to be printed in rity numbers readily available to any (B) The percentage of students scoring ad- the RECORD, as follows: thief. vanced, proficient, basic, and below basic on S. 3510 In 2005, I offered an amendment to the assessments described in section Be it enacted by the Senate and House of Rep- 1111(b)(3) of the Elementary and Secondary the fiscal year 2006 Labor-HHS-Edu- resentatives of the United States of America in cation appropriations bill to require Education Act of 1965 (20 U.S.C. 6311(b)(3)). Congress assembled, (C) The performance of students on other CMS to report to Congress on what SECTION 1. REPEAL OF DISCOUNT AUTHORITY steps would be necessary for them to assessments or measurements of achieve- FOR PRIVATE FIRMS. ment. Section 13 of the Federal Reserve Act (12 remove Social Security numbers from (D) The number of secondary school credits U.S.C. 343) is amended by striking the third Medicare cards. earned. undesignated paragraph (relating to dis- CMS issued the report in 2006, but it (E) The number of postsecondary credits counts for individuals, partnerships, and cor- has not yet begun to remove Social Se- earned. porations). curity numbers from Medicare cards. (F) Attendance rate. Earlier this year, the Inspector Gen- (G) Graduation rate. By Mr. DURBIN (for himself, Mr. eral of the Social Security Administra- (H) Placement in postsecondary education BINGAMAN, and Mr. KOHL): or advanced training, in military service, tion took CMS to task for its inaction. S. 3512. A bill to require the Sec- The Inspector General’s report con- and in employment. retary of Health and Human Services (b) REPORTING BY THE SECRETARY.—The firmed that displaying Social Security Secretary annually shall compile and ana- to remove social security account num- numbers on Medicare cards places mil- lyze the information described in subsection bers from Medicare identification cards lions of people at risk for identity theft (a) and report it to the Committee on and communications provided to Medi- and concluded that ‘‘immediate action Health, Education, Labor, and Pensions of care beneficiaries in order to protect is needed to address this significant the Senate and the Committee on Education Medicare beneficiaries from identity and Labor of the House of Representatives, vulnerability.’’ theft; to the Committee on Finance. The bill that I am introducing today, which report shall include identification of Mr. DURBIN. Mr. President, today I the Social Security Number Protection best practices for achieving the goals of this am introducing legislation with Sen- Act. Act of 2008, establishes a reasonable ator BINGAMAN and Senator KOHL to re- (c) MONITORING VISITS.—The Secretary’s timetable for CMS to begin removing move Social Security numbers from designee shall visit each grantee at least Social Security numbers from Medi- once for the purpose of helping the grantee Medicare identification cards. Government agencies and private care cards and a date certain by which achieve the goals of this Act and to monitor CMS would be required to complete the the grantee’s progress toward achieving such businesses have begun to recognize the goals. danger of displaying Social Security process. Not later than three years after en- (d) NATIONAL EVALUATION.—Within six numbers. A person’s Social Security months of the appropriation of funds for this number can unlock a treasure trove of actment, CMS would be prohibited Act, the Secretary shall enter into a con- personal and financial information. from displaying Social Security num- tract with an independent organization to If your Social Security number falls bers on newly issued Medicare cards. perform an evaluation of the grants awarded CMS would be prohibited from dis- under this Act. Such evaluation shall apply into the wrong hands, you are at risk of becoming a victim of identify theft playing the number on existing cards rigorous procedures to obtain valid and reli- no later than five years after enact- able data concerning participants’ outcomes and fraud. In 2006, the Federal Trade by social and academic characteristics and Commission reported that more than 8 ment. monitor the progress of students from high million Americans were victims of In addition to Medicare cards, the school to and through postsecondary edu- identity theft in the prior year. bill would prohibit CMS from dis- cation. Thirty-one states have enacted laws playing Social Security numbers on all (e) TECHNICAL ASSISTANCE.—The Secretary that limit how public and private enti- written and electronic communications shall provide technical assistance to eligible ties use and display Social Security to Medicare beneficiaries, beginning no entities concerning best practices in early numbers. Social Security numbers are later than three years of enactment, college high schools and dual enrollment except in cases where their display is programs and shall disseminate such best being removed from driver’s licenses, practices among eligible entities and State and most private health insurance essential for the operation of the Medi- and local educational agencies. cards no longer display your Social Se- care program. SEC. 11. RULES OF CONSTRUCTION. curity number. Removing Social Security numbers (a) EMPLOYEES.—Nothing in this Act shall Federal agencies are taking steps to from Medicare cards and communica- be construed to alter or otherwise affect the reduce the threat of identify theft. tions to Medicare beneficiaries is long rights, remedies, and procedures afforded to Last year, the Office of Management overdue. Medicare beneficiaries should the employees of local educational agencies and Budget called on federal agencies not be placed at greater risk of iden- (including schools) or institutions of higher to establish plans to eliminate unnec- tity theft than people with private education under Federal, State, or local laws essary collection and use of Social Se- health insurance. If other federal agen- (including applicable regulations or court or- cies can remove Social Security num- ders) or under the terms of collective bar- curity numbers and to explore alter- gaining agreements, memoranda of under- natives to Social Security numbers. bers, so can CMS. standing, or other agreements between such The Department of Veterans Affairs I am pleased that Consumers Union, employees and their employers. no longer displays Social Security the Medicare Rights Center, and the (b) GRADUATION RATE.—A student who numbers on new veteran identification Center for Medicare Advocacy have en- graduates from an early college high school cards. And the Office of Personnel Man- dorsed this bill. supported under this Act in the standard agement has directed health insurers This is an issue we should all be able number of years for graduation described in participating in the Federal Employees to unite behind. I urge my colleagues the eligible entity’s application shall be con- Health Benefit Program to eliminate to cosponsor this important legislation sidered to have graduated on time for pur- and work with me to enact it next poses of section 1111(b)(2)(C)(vi) of the Ele- Social Security numbers from insur- mentary and Secondary Education Act of ance cards. year. Medicare beneficiaries deserve to 1965 (20 U.S.C. 6311(b)(2)(C)(vi)). Unfortunately, the Centers for Medi- be protected from criminals who seek care and Medicaid Services is lagging to steal their identities in order to de- By Mr. BUNNING: behind other agencies. fraud them.

VerDate Aug 31 2005 03:14 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.034 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8955 Mr. President, I ask unanimous con- SUBMITTED RESOLUTIONS Whereas 32 nations, including the member sent that the text of the bill be printed States of the European Union, have banned in the RECORD. the export of toxic electronic waste to devel- SENATE RESOLUTION 663—EX- oping countries; There being no objection, the text of PRESSING CONCERN OVER THE Whereas several major information tech- the bill was ordered to be printed in CURRENT FEDERAL POLICY nology and consumer electronics manufac- the RECORD, as follows: THAT ALLOWS THE EXPOR- turers have corporate policies that prohibit S. 3512 the export of toxic electronic waste to devel- TATION OF TOXIC ELECTRONIC oping nations; Be it enacted by the Senate and House of Rep- WASTE TO DEVELOPING NA- Whereas the Resource Conservation and resentatives of the United States of America in TIONS, AND EXPRESSING THE Recovery Act of 1976, as amended, prohibits Congress assembled, SENSE OF THE SENATE THAT the export of hazardous waste from the SECTION 1. SHORT TITLE. THE UNITED STATES SHOULD United States to other nations unless the This Act may be cited as the ‘‘Social Secu- JOIN OTHER DEVELOPED NA- EPA obtains prior written permission from rity Number Protection Act of 2008’’. TIONS AND BAN THE EXPOR- the other nation’s competent authority; and TATION OF TOXIC ELECTRONIC Whereas the EPA has determined that SEC. 2. REQUIRING THE SECRETARY OF HEALTH WASTE TO DEVELOPING NA- much electronic waste is excluded or ex- AND HUMAN SERVICES TO PROHIBIT empted from the definitions of ‘‘waste’’ and THE DISPLAY OF SOCIAL SECURITY TIONS ‘‘hazardous waste’’ under the Resource Con- ACCOUNT NUMBERS ON MEDICARE IDENTIFICATION CARDS AND COM- Mr. BROWN submitted the following servation and Recovery Act of 1976, leading MUNICATIONS PROVIDED TO MEDI- resolution; which was referred to the to the largely unrestricted export of toxic CARE BENEFICIARIES. Committee on Environment and Public electronic waste to developing nations: Now, (a) IN GENERAL.—Not later than 3 years Works: therefore, be it Resolved, That the Senate— after the date of the enactment of this Act, S. RES. 663 the Secretary of Health and Human Services (1) expresses its concern over the current Whereas toxic electronic waste is gen- Federal policy that allows the exportation of shall establish and begin to implement pro- erated from discarded televisions and com- cedures to eliminate the unnecessary collec- toxic electronic waste to developing nations; puter monitors, computers and peripherals, and tion, use, and display of social security ac- audio and video equipment, wireless devices, count numbers of Medicare beneficiaries. (2) supports joining other developed na- fax and copy machines, video game consoles, tions and banning the export of toxic elec- (b) MEDICARE CARDS AND COMMUNICATIONS and other electronic appliances and prod- tronic waste to developing nations. PROVIDED TO BENEFICIARIES.— ucts; (1) CARDS.— Whereas televisions with cathode ray tubes f (A) NEW CARDS.—Not later than 3 years (CRTs) contain between 4 and 15 pounds of SENATE RESOLUTION 664—CELE- after the date of the enactment of this Act, lead, a toxic substance known to cause brain BRATING THE CENTENNIAL OF the Secretary of Health and Human Services damage in children; UNION STATION IN WASHINGTON, shall ensure that each newly issued Medicare Whereas many laptops, flat panel mon- identification card meets the requirements itors, and televisions contain fluorescent DISTRICT OF COLUMBIA described in subparagraph (C). lamps that contain mercury, a dangerous Mrs. DOLE submitted the following (B) REPLACEMENT OF EXISTING CARDS.—Not neurotoxin; resolution; which was referred to the later than 5 years after the date of the enact- Whereas many electronic products contain Committee on Environment and Public ment of this Act, the Secretary of Health toxic chemicals such as lead, mercury, beryl- Works: and Human Services shall ensure that all lium, cadmium, chromium, and brominated S. RES. 664 Medicare beneficiaries have been issued a flame retardants; Medicare identification card that meets the Whereas approximately 2,630,000 tons of Whereas, on February 28, 1903, President requirements of subparagraph (C). used or unwanted electronics were discarded Theodore Roosevelt signed into law the act (C) REQUIREMENTS.—The requirements de- in the United States in 2005, according to the entitled ‘‘An Act to provide a union railroad scribed in this subparagraph are, with re- Environmental Protection Agency (EPA); station in the District of Columbia, and for spect to a Medicare identification card, that Whereas approximately 330,000 tons of elec- other purposes’’, and Daniel Burnham, a the card does not display or electronically tronic waste were collected and diverted noted architect from Chicago, Illinois, was store (in an unencrypted format) a Medicare from landfills for reuse or recycling in 2005, chosen to design the building; beneficiary’s social security account num- according to the EPA; Whereas, on October 27, 1907, Union Station ber. Whereas an estimated 50 percent to 80 per- officially opened at 6:50 a.m. when the Balti- (2) COMMUNICATIONS PROVIDED TO BENE- cent of electronic waste collected for reuse more and Ohio Pittsburgh Express pulled in FICIARIES.—Not later than 3 years after the or recycling is exported to countries such as to the station; date of the enactment of this Act, the Sec- China, India, Ghana, Nigeria, Pakistan, and Whereas the building was ultimately com- retary of Health and Human Services shall Thailand, according to the Department of pleted in 1908; prohibit the display of a Medicare bene- Commerce; Whereas, in 1924, 5,000 cheering fans met ficiary’s social security account number on Whereas approximately 131,500 tons of lead- the victorious Washington Nationals at written or electronic communication pro- containing CRTs were exported in 2005, rep- Union Station after they defeated the Boston vided to the beneficiary unless the Secretary resenting 75 percent of the CRTs supposedly Red Sox to capture the American League determines that inclusion of social security collected for recycling, according to the pennant; account numbers on such communications is EPA; Whereas, in 1951, President Harry Truman essential for the operation of the Medicare Whereas Congress has required the Na- dedicated the Presidential Suite at Union program. tion’s broadcasters to convert from analog to Station as a ‘‘home away from home’’ for digital broadcasting on February 17, 2009, a members of the Armed Services; (c) MEDICARE BENEFICIARY DEFINED.—In this section, the term ‘‘Medicare bene- move which will render millions of analog Whereas, in 1968, in preparation for the bi- ficiary’’ means an individual who is entitled CRT televisions obsolete for broadcasting centennial of the United States, the decision to, or enrolled for, benefits under part A of and likely to be discarded; was made to transform the building into a title XVIII of the Social Security Act or en- Whereas exported electronic waste is often National Visitor Center; rolled under part B of such title. crudely scrapped and dismantled under con- Whereas Congress then passed the Union ditions that are dangerous for human health Station Redevelopment Act of 1981 (Public (d) CONFORMING REFERENCE IN THE SOCIAL and the environment in developing coun- Law 97–125; 95 Stat. 1667) to return Union SECURITY ACT.—Section 205(c)(2)(C) of the tries, according to eyewitness reports by the Station to its original use as a transpor- Social Security Act (42 U.S.C. 405(c)(2)(C)) is Basel Action Network and several media out- tation center; amended by adding at the end the following lets including National Geographic Maga- Whereas, in 1983, the Union Station Rede- new clause: zine; velopment Corporation was created to over- ‘‘(x) For provisions relating to requiring Whereas toxic lead from exported elec- see the development of the station into an the Secretary of Health and Human Services tronic waste has returned to the United operating railroad station, to restore the ar- to prohibit the display of social security ac- States as a public health threat in children’s chitectural and historical elements of the count numbers on Medicare identification jewelry made in China, according to a study structure, to explore collaboration with the cards and communications provided to Medi- by Ashland University, reported by the Wall private sector in the commercial develop- care beneficiaries, see section 2 of the Social Street Journal; ment of the station, and to withdraw the Security Number Protection Act of 2008.’’. Whereas the Consumer Product Safety Federal Government from active manage- (e) AUTHORIZATION OF APPROPRIATIONS.— Commission (CPSC) has issued multiple re- ment of the station; There are authorized to be appropriated such call notices for jewelry and toys for children Whereas the renovation and restoration of sums as may be necessary to carry out this made in China that contained dangerous lev- Union Station began on August 13, 1986, with section. els of lead; the ringing of an old train bell;

VerDate Aug 31 2005 03:14 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.051 S17SEPT1 smartinez on PROD1PC64 with SENATE S8956 CONGRESSIONAL RECORD — SENATE September 17, 2008

Whereas the restoration of Union Station THUNE, and Ms. STABENOW) and intended to (1) any center established for the purposes was the largest public-private restoration be proposed to the bill S. 3001, supra; which specified in subsection (b) should be located project accomplished in the United States; was ordered to lie on the table. in a geographic area in which military fami- Whereas the restoration took 2 years and SA 5629. Mrs. CLINTON (for herself and Mr. lies from all the Armed Forces could conven- the grand reopening was held on September ENSIGN) submitted an amendment intended iently access the services available through 29, 1988; to be proposed by her to the bill S. 3001, such centers; Whereas, in 2008, Union Station includes supra; which was ordered to lie on the table. (2) in discharging its purposes under sub- SA 5630. Mr. SANDERS (for Mr. FEINGOLD) more than 210,000 square feet of retail space, section (b), each center should utilize in the proposed an amendment to the resolution S. including 50,000 square feet of restaurant Res. 643, calling for greater dialogue between diagnosis and treatment of children of mili- space; the Dalai Lama and the Government of tary families with autism medical, edu- Whereas Union Station is the corporate China regarding rights for the people of cational, and developmental therapies that headquarters for Amtrak and contains Tibet, and for other purposes. have been successfully used to treat autistic 200,000 square feet of Amtrak passenger and children; and f baggage facilities; (3) for purposes of assisting in the training Whereas 32,000,000 people visit Union Sta- TEXT OF AMENDMENTS of therapists under this section, the Sec- tion annually; and SA 5618. Mrs. DOLE submitted an retary of Defense should, in consultation Whereas Union Station is the most visited amendment intended to be proposed by with the Secretary of Labor, consider the tourist destination in Washington, District her to the bill S. 3001, to authorize ap- feasability and advisability of establishing a of Columbia: Now, therefore, be it propriations for fiscal year 2009 for tuition assistance program to facilitate the Resolved, That the Senate— participation of military spouses in such (1) celebrates the centennial of Union Sta- military activities of the Department training. tion in Washington, District of Columbia; of Defense, for military construction, (2) applauds the efforts of the people who and for defense activities of the De- worked to preserve this national treasure; partment of Energy, to prescribe mili- SA 5619. Mr. LIEBERMAN (for him- and tary personnel strengths for such fiscal self, Mr. GRAHAM, and Mr. LUGAR) sub- (3) encourages the people of the United year, and for other purposes; which was mitted an amendment intended to be States to continue to visit and learn about ordered to lie on the table; as follows: proposed by him to the bill S. 3001, to Union Station and its storied history. At the end of subtitle C of title VII, add authorize appropriations for fiscal year f the following: 2009 for military activities of the De- AMENDMENTS SUBMITTED AND SEC. 722. REPORT ON MILITARY FAMILY AUTISM partment of Defense, for military con- PROPOSED SUPPORT CENTERS. struction, and for defense activities of (a) REPORT REQUIRED.—Not later than Feb- SA 5618. Mrs. DOLE submitted an amend- ruary 1, 2009, the Secretary of Defense shall, the Department of Energy, to prescribe ment intended to be proposed by her to the in consultation with the Secretaries of the military personnel strengths for such bill S. 3001, to authorize appropriations for military departments and the Chairman of fiscal year, and for other purposes; fiscal year 2009 for military activities of the the Joint Chiefs of Staff, submit to the Com- which was ordered to lie on the table; Department of Defense, for military con- mittees on Armed Services of the Senate and as follows: struction, and for defense activities of the the House of Representatives a report on the Department of Energy, to prescribe military feasability and advisability of establishing On page 360, after line 20, add the fol- personnel strengths for such fiscal year, and one or more military family autism support lowing: for other purposes; which was ordered to lie centers beginning in fiscal year 2010. SEC. 1233. REPORT ON THE SECURITY SITUATION on the table. (b) PURPOSES.—For purposes of the report SA 5619. Mr. LIEBERMAN (for himself, Mr. required by subsection (a), the proposed pur- IN THE CAUCASUS. GRAHAM, and Mr. LUGAR) submitted an poses of the centers described in that sub- (a) REPORT REQUIRED.—Not later than 60 amendment intended to be proposed by him section are as follows: days after the date of the enactment of this to the bill S. 3001, supra; which was ordered (1) To provide diagnostic services and ther- Act, the Secretary of Defense, with the con- to lie on the table. apy to children of military families diag- currence of the Secretary of State, shall sub- SA 5620. Mr. WARNER submitted an nosed with autism spectrum disorder and re- mit to the chairs and ranking minority amendment intended to be proposed by him lated disorders. members of the Committee on Foreign Rela- to the bill S. 3001, supra; which was ordered (2) To provide support services to the fami- tions and the Committee on Armed Services to lie on the table. lies of military dependent children diagnosed of the Senate and the Committee on Foreign SA 5621. Mr. REID (for Mr. KENNEDY) sub- with autism. Affairs and the Committee on Armed Serv- mitted an amendment intended to be pro- (3) To train therapists to provide treat- ices of the House of Representatives a report posed by Mr. Reid to the bill S. 3001, supra; ment to autistic children, with special em- in classified and unclassified form on the de- which was ordered to lie on the table. phasis placed on training the spouses of fense requirements of the Republic of Geor- SA 5622. Mr. WYDEN (for himself, Mr. members of the Armed Forces to provide gia. COLEMAN, Mr. GRASSLEY, Mr. HARKIN, Ms. such treatment. (b) CONTENT.—The report required under KLOBUCHAR, Mr. MENENDEZ, and Mr. ROB- (c) ELEMENTS.—The report required by sub- subsection (a) shall include— ERTS) submitted an amendment intended to section (a) shall include the following: (1) a description of the security situation be proposed by him to the bill S. 3001, supra; (1) An assessment of the feasability of des- in the Caucasus following the recent conflict which was ordered to lie on the table. ignating the Marine Corps or other Military SA 5623. Mr. INHOFE (for himself and Mr. between the Russian Federation and the Re- Department as the lead agent in the estab- KYL) submitted an amendment intended to public of Georgia, including a description of lishment and operation of centers described be proposed to amendment SA 5583 sub- any Russian forces that continue to occupy in subsection (a). mitted by Mr. TESTER (for himself and Mr. internationally recognized Georgian terri- (2) An assessment of the feasability of es- KYL) and intended to be proposed to the bill tory; tablishing one of the centers on the East S. 3001, supra; which was ordered to lie on (2) an assessment of— Coast of the United States and one on the the table. (A) the damage sustained by the armed West Coast of the United States. SA 5624. Mr. FEINGOLD submitted an forces of Georgia in the recent conflict with (3) A description of the proposed capabili- amendment intended to be proposed by him the Russian Federation; and ties of the centers, including the following: to the bill S. 3001, supra; which was ordered (B) the state of civilian-military relations (A) The number of therapists that could be to lie on the table. in the Republic of Georgia; trained at such centers each year. SA 5625. Mr. NELSON of Florida submitted (3) an analysis of the defense requirements (B) The number of children who could re- an amendment intended to be proposed by of the Republic of Georgia following the con- ceive diagnosis and therapy at such centers him to the bill S. 3001, supra; which was or- flict with the Russian Federation; each year. dered to lie on the table. (4) detailed recommendations on how the (C) The average number of hours per week SA 5626. Mr. NELSON of Florida submitted Republic of Georgia may improve its capa- that therapy could be provided at such cen- an amendment intended to be proposed to bility for self-defense and more effectively ters. amendment SA 5498 submitted by Mr. NEL- control its territorial waters and air space; (D) The nature of therapy that could be SON of Florida and intended to be proposed to and provided at such centers. the bill S. 3001, supra; which was ordered to (5) an assessment of the areas where the (E) The anticipated contribution of such lie on the table. Republic of Georgia would require the assist- SA 5627. Mr. LEVIN (for himself and Mr. centers to military readiness and retention. ance of the United States and other coun- WARNER) submitted an amendment intended (F) The efficacy of such centers in meeting tries to improve its defense capabilities. to be proposed by him to the bill S. 3001, the needs of military families with children supra; which was ordered to lie on the table. with a diagnosis of autism. (c) SENSE OF CONGRESS.—It is the sense of SA 5628. Mr. JOHNSON (for himself and (4) A description of the resources required Congress that— Mr. THUNE) submitted an amendment in- for such centers. (1) Congress— tended to be proposed to amendment SA 5519 (d) SENSE OF CONGRESS.—It is the sense of (A) reaffirms its previous expressions of submitted by Mr. JOHNSON (for himself, Mr. Congress that— support for continued enlargement of the

VerDate Aug 31 2005 05:00 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.053 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8957 North Atlantic Treaty Organization (NATO) (a)’’ and inserting ‘‘the period beginning on (2) The results of reviews by the Joint Re- to include qualified candidates; October 17, 2006, and ending on September 30, quirements Oversight Council for an Acquisi- (B) supports the commitment to further 2008,’’. tion Category I program that supports the enlargement of NATO to include democratic (c) REPEAL OF PILOT PROGRAM.—Such sec- need for the modified acquisition strategy. governments that are able and willing to tion is further amended by striking sub- (3) A verification by an independent review meet the responsibilities of membership; and section (c). panel convened by the Secretary of Defense (C) urges NATO member states not to im- (d) REPEAL OF REQUIREMENTS RELATING TO that, in evaluating the modification of the pose national caveats restricting the use of REPORTS.—Such section is further amended shipbuilding program concerned, the Sec- forces they commit to NATO operations. by striking subsection (f). retary of the Navy considered each of the fol- (2) the expansion of NATO contributes to (e) REPEAL OF AUTHORITY TO ACQUIRE lowing: the continued effectiveness and relevance of HOUSING.—Subsection (a)(1) of such section is (A) Modeling and simulation, including the organization; further amended— wargaming conclusions regarding combat ef- (3) Georgia and Ukraine have made impor- (1) by striking ‘‘for the real property—’’ fectiveness. tant progress in the areas of defense and and all that follows through ‘‘to carry out’’ (B) Assessments of platform operational democratic and human rights reform; in subparagraph (A) and inserting ‘‘for the availability. (4) a stronger, deeper relationship among real property to carry out’’; (C) Cost savings or penalties from changed the Government of Georgia, the Government (2) by striking ‘‘operations; or’’ and insert- vessel manning levels to accomplish mis- of Ukraine, and NATO will be mutually bene- ing ‘‘operations.’’; and sions. ficial to those countries and to NATO mem- (3) by striking subparagraph (B). (4) An intelligence analysis reflecting the ber states; (f) LIMITATION ON USE AT MILITARY INSTAL- coordinated assessment of the Defense Intel- (5) the United States should take the lead LATIONS CLOSED UNDER BASE CLOSURE LAW.— ligence Agency supporting changes to the and encourage other member states of NATO Such section is further amended by inserting mix of platforms in the shipbuilding program to support the awarding of a Membership Ac- after subsection (b) the following new sub- concerned compared with the 2009 ship- tion Plan to Georgia and Ukraine; section: building program for the vessels concerned (6) the United States Government should ‘‘(c) LIMITATION ON USE AT MILITARY IN- in order to address future threats. provide assistance to help rebuild infrastruc- STALLATIONS CLOSED UNDER BASE CLOSURE (5) The differences in cost and schedule ture in Georgia and continue to develop its LAW.—The authority under subsection arising from the need to accommodate new security partnership with the Government of (a)(2)(A) to convey real property located at a sensors and weapons to counter the future the Republic of Georgia by providing secu- closed or realigned military installation may threats referred to in paragraph (4) in com- rity assistance to the armed forces of Geor- only be used to the extent a conveyance is parison with the cost and schedule arising gia, as appropriate; consistent with an approved redevelopment from the need to accommodate sensors and (7) the United States should work with fel- plan for such installation.’’. weapons as contemplated by the 2009 ship- low NATO member states to address the se- (g) SUNSET.—Such section is further building program for the vessels concerned. curity concerns of newly joined members; amended by inserting after subsection (e) the (6) A verification by the commanders of (8) the United States should expand efforts following new subsection: the combatant commands that the modified to promote the development of democratic ‘‘(f) SUNSET.—The authority to enter into shipbuilding program for the vessels con- institutions, the rule of law, and political agreements under this section shall expire cerned would be preferable to the current parties in the independent states of the on September 30, 2013.’’. shipbuilding program for the vessels con- former Soviet Union; and (h) ADDITIONAL CONFORMING AND CLERICAL cerned in meeting their future mission re- (9) the United States should work with its AMENDMENTS.— quirements. allies to ensure secure, reliable energy tran- (1) HEADING AMENDMENT.—The heading of (7) A joint review by the Navy and the Mis- sit routes in Central Asia, the Caucasus, and such section is amended to read as follows: sile Defense Agency setting forth additional Eastern Europe. ‘‘§ 2869. Conveyance of property at military requirements for investment in Aegis bal- installations to support military housing or listic missile defense (BMD) systems if the SA 5620. Mr. WARNER submitted an limit encroachment’’. budget of the President for fiscal year 2010 amendment intended to be proposed by (2) CLERICAL AMENDMENT.—The table of (as submitted to Congress pursuant to sec- him to the bill S. 3001, to authorize ap- sections at the beginning of subchapter III of tion 1105 of title 31, United States Code), re- propriations for fiscal year 2009 for chapter 169 of such title is amended by strik- quests funding for such investment in military activities of the Department ing the item relating to section 2869 and in- amounts above the amounts specified in the of Defense, for military construction, serting the following new item: future-years defense program submitted to Congress in 2008 in the budget of the Presi- and for defense activities of the De- ‘‘2869. Conveyance of property at military in- dent for fiscal year 2009 (as so submitted). stallations to support military partment of Energy, to prescribe mili- (b) TECHNOLOGY ROADMAP FOR NEXT GEN- tary personnel strengths for such fiscal housing or limit encroach- ERATION CRUISER AND FLEET MODERNIZA- year, and for other purposes; which was ment.’’. TION.— ordered to lie on the table; as follows: (1) IN GENERAL.—Not later than 180 days At the end of subsection A of title XXVIII, SA 5621. Mr. REID (for Mr. KENNEDY) after the date of the enactment of this Act, add the following: submitted an amendment intended to the Secretary of the Navy shall develop a SEC. 2814. MODIFICATION OF AUTHORITY TO be proposed by Mr. REID to the bill S. plan to incorporate into the Next Generation CONVEY PROPERTY AT MILITARY IN- 3001, to authorize appropriations for Cruiser (CG(X)) program and the Fleet Mod- STALLATIONS TO LIMIT ENCROACH- fiscal year 2009 for military activities ernization program the following: MENT. of the Department of Defense, for mili- (A) Applicable technologies developed for (a) REPEAL OF APPLICABILITY OF AUTHORITY combat systems for each of the following: TO EXCHANGES FOR MILITARY CONSTRUCTION tary construction, and for defense ac- (i) The DDG–1000 Zumwalt class destroyer. PROJECTS, MILITARY FAMILY HOUSING, AND tivities of the Department of Energy, (ii) Aegis destroyers and cruisers. MILITARY UNACCOMPANIED HOUSING.—Section to prescribe military personnel (iii) Aegis ballistic missile defense. 2869 of title 10, United States Code, is amend- strengths for such fiscal year, and for (iv) Ship self-defense systems. ed— other purposes; which was ordered to (B) Integrated electric propulsion tech- (1) in subsection (a)(1)(A), by striking lie on the table; as follows: nologies. ‘‘military construction project or’’; (2) SCOPE OF PLAN.—The plan required by At the end of subtitle C of title II, the fol- (2) in subsection (b), by striking ‘‘military paragraph (1) shall include sufficient detail lowing: construction,’’ each place it appears and in- for systems and subsystems to ensure that serting ‘‘land,’’; and SEC. 133. PROCUREMENT PROGRAMS FOR CRUIS- the plan— ERS AND DESTROYERS. (3) in subsection (d)(2)(A)— (A) avoids redundant development for com- (a) CONTINGENT REQUIREMENT FOR REPORT (A) by striking ‘‘military construction mon functions; and ON MODIFICATION OF SHIPBUILDING PRO- project,’’ both places it appears in clauses (B) reflects implementation of Navy plans GRAMS.—If as part of the future-years de- (ii) and (iii); and for achieving an open architecture for all fense program submitted to Congress in 2009 (B) by striking ‘‘military family housing, surface combat systems. or military unaccompanied housing’’ both under section 221 of title 10, United States places it appears in clauses (ii) and (iii). Code, the Secretary of the Navy modifies the SA 5622. Mr. WYDEN (for himself, (b) REPEAL OF LIMITATION ON APPLICA- shipbuilding program for cruisers or the Mr. COLEMAN, Mr. GRASSLEY, Mr. HAR- BILITY OF AUTHORITY TO EXCESS NON-BRAC shipbuilding program for destroyers for the KIN, Ms. KLOBUCHAR, Mr. MENENDEZ, PROPERTY.—Such section is further amend- Navy, the Secretary shall submit to Con- ed— gress with such future-years defense program and Mr. ROBERTS) submitted an amend- (1) in subsection (a), by striking paragraph the following: ment intended to be proposed by him (3); and (1) An acquisition strategy for cruisers and to the bill S. 3001, to authorize appro- (2) in subsection (e)(2), by striking ‘‘the pe- destroyers that has been approved by the De- priations for fiscal year 2009 for mili- riod specified in paragraph (3) of subsection partment of Defense. tary activities of the Department of

VerDate Aug 31 2005 04:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.056 S17SEPT1 smartinez on PROD1PC64 with SENATE S8958 CONGRESSIONAL RECORD — SENATE September 17, 2008 Defense, for military construction, and (2) CONSTRUCTION.—Expiration under this (4) the Wounded Warrior Center should pro- for defense activities of the Depart- subsection of the authority to provide bene- vide legal assistance referral information ment of Energy, to prescribe military fits under this section shall not affect the where appropriate, as required elsewhere in personnel strengths for such fiscal utilization of any day of administrative ab- this Act, especially to those members of the sence provided a member of the Armed Armed Forces for whom a medical evalua- year, and for other purposes; which was Forces under subsection (b)(2), or the pay- tion board or a physical evaluation board has ordered to lie on the table; as follows: ment of any payment authorized a member been initiated and their family members. At the end of subtitle G of title V, add the or former member of the Armed Forces (b) QUALIFIED VETERANS SERVICE ORGANI- following: under subsection (b), before the expiration of ZATIONS DEFINED.—In this section, the term SEC. 587. BENEFITS UNDER POST-DEPLOYMENT/ the authority in this section. ‘‘qualified veterans service organization’’ MOBILIZATION RESPITE ABSENCE means an organization that is recognized by PROGRAM FOR CERTAIN PERIODS SA 5623. Mr. INHOFE (for himself the Secretary of Veterans Affairs for the rep- BEFORE IMPLEMENTATION OF PRO- and Mr. KYL) submitted an amendment resentation of veterans under section 5902 of GRAM. title 38, United States Code. (a) IN GENERAL.—Under regulations pre- intended to be proposed to amendment SA 5583 submitted by Mr. TESTER (for scribed by the Secretary of Defense, the Sec- SA 5625. Mr. NELSON of Florida sub- himself and Mr. KYL) and intended to retary concerned may provide any member mitted an amendment intended to be or former member of the Armed Forces with be proposed to the bill S. 3001, to au- proposed by him to the bill S. 3001, to the benefits specified in subsection (b) if the thorize appropriations for fiscal year authorize appropriations for fiscal year member or former member would, on any 2009 for military activities of the De- 2009 for military activities of the De- day during the period beginning on January partment of Defense, for military con- partment of Defense, for military con- 19, 2007, and ending on the date of the imple- struction, and for defense activities of mentation of the Post-Deployment/Mobiliza- struction, and for defense activities of the Department of Energy, to prescribe tion Respite Absence (PDMRA) program by the Department of Energy, to prescribe military personnel strengths for such the Secretary concerned, have qualified for a military personnel strengths for such fiscal year, and for other purposes; day of administrative absence under the fiscal year, and for other purposes; Post-Deployment/Mobilization Respite Ab- which was ordered to lie on the table; which was ordered to lie on the table; sence program had the program been in ef- as follows: as follows: fect during such period. In lieu of the matter proposed to be in- At the appropriate place, insert the fol- (b) BENEFITS.—The benefits specified in serted, insert the following: this subsection are the following: lowing: (1) In the case of an individual who is a SEC. 237. AIR-LAUNCHED BALLISTIC MISSILE DE- FENSE CONCEPTS. SEC. ll. PROTECTION OF NATIONAL SECURITY former member of the Armed Forces at the INTERESTS FROM OIL AND GAS Of the amount authorized to be appro- time of the provision of benefits under this LEASING IN CERTAIN AREAS. priated by section 210(4) for Research, Devel- section, payment of an amount not to exceed (a) AREAS.—This section applies to— opment, Test, and Evaluation, Defense-wide $200 for each day the individual would have (1) any area in the Gulf of Mexico that is activities and available for Ballistic Missile qualified for a day of administrative absence east of the Military Mission Line (as defined Defense (PE 0603175C), $15,000,000 may be as described in subsection (a) during the pe- in section 102 of the Gulf of Mexico Energy available for Air-Launched Ballistic Missile riod specified in that subsection. Security Act of 2006 (43 U.S.C. 1331 note; Pub- Defense Concepts, including the Net-Centric (2) In the case of an individual who is a lic Law 109–432)); Airborne Defense Element (NCADE) and the member of the Armed Forces at the time of (2) the area that is also known as the Air-Launched Hit-to-Kill (ALHTK) tech- the provision of benefits under this section, ‘‘Joint Gulf Range Complex’’ or the ‘‘Gulf of nology programs currently underway. either one day of administrative absence or Mexico Range’’; and (3) any military or national security agen- payment of an amount not to exceed $200, as Mr. FEINGOLD submitted selected by the Secretary concerned, for SA 5624. cy operations, training, or testing area that each day the individual would have qualified an amendment intended to be proposed is used by a military or national security for a day of administrative absence as de- by him to the bill S. 3001, to authorize agency of the United States. scribed in subsection (a) during the period appropriations for fiscal year 2009 for (b) PREREQUISITE.—Notwithstanding any specified in that subsection. military activities of the Department other provision of law, the Secretary of the (c) EXCLUSION OF CERTAIN FORMER MEM- of Defense, for military construction, Interior shall not issue any permit for oil BERS.—A former member of the Armed and for defense activities of the De- and gas leasing or extraction in an area de- Forces is not eligible under this section for partment of Energy, to prescribe mili- scribed in subsection (a) unless and until the the benefits specified in subsection (b)(1) if President certifies (after receiving advice the former member was discharged or re- tary personnel strengths for such fiscal from the Secretary of Defense, the Secretary leased from the Armed Forces under other year, and for other purposes; which was of the Navy, the Secretary of the Air Force, than honorable conditions. ordered to lie on the table; as follows: and the head of each appropriate national se- (d) MAXIMUM NUMBER OF DAYS OF BENEFITS At the end of subtitle F of title X, add the curity agency of the United States) that in PROVIDABLE.—The number of days of benefits following: balancing the national security interests of providable to a member or former member of SEC. 1067. SENSE OF SENATE ON ACCESS OF VET- the United States— the Armed Forces under this section may ERANS SERVICE ORGANIZATIONS TO (1) the advantages of oil or gas extraction not exceed 40 days of benefits. MILITARY FACILITIES FOR COUN- in the area; outweigh (e) FORM OF PAYMENT.—The paid benefits SELING AND SERVICES FOR MEM- (2) the military and national security mis- providable under subsection (b) may be paid BERS OF THE ARMED FORCES. sions being conducted in the area. in a lump sum or installments, at the elec- (a) SENSE OF SENATE.—It is the sense of the tion of the Secretary concerned. Senate that— SA 5626. Mr. NELSON of Florida sub- (f) CONSTRUCTION WITH OTHER PAY AND (1) each commander of a military installa- mitted an amendment intended to be LEAVE.—The benefits provided a member or tion should ensure the use of available space proposed to amendment SA 5498 sub- former member of the Armed Forces under and equipment at military installations, as mitted by Mr. NELSON of Florida and this section are in addition to any other pay, required by section 2670(c) of title 10, United absence, or leave provided by law. States Code, by representatives of qualified intended to be proposed to the bill S. (g) DEFINITIONS.—In this section: veterans service organizations, including 3001, to authorize appropriations for (1) The term ‘‘Post-Deployment/Mobiliza- those authorized to function on military in- fiscal year 2009 for military activities tion Respite Absence program’’ means the stallations under that section; of the Department of Defense, for mili- program of a military department to provide (2) the commander of each facility or loca- tary construction, and for defense ac- days of administrative absence not charge- tion at which access is provided under sec- tivities of the Department of Energy, able against available leave to certain de- tion 2670(c) of such title should endeavor to to prescribe military personnel provide private space in which a member of ployed or mobilized members of the Armed strengths for such fiscal year, and for Forces in order to assist such members in re- the Armed Forces may receive counseling integrating into civilian life after deploy- and services as available from veterans serv- other purposes; which was ordered to ment or mobilization. ice organizations; lie on the table; as follows: (2) The term ‘‘Secretary concerned’’ has (3) the Secretary of Defense should widely In lieu of the matter proposed to be in- the meaning given that term in section 101(5) disseminate information regarding the exist- serted, insert the following: of title 37, United States Code. ence and availability of the Wounded War- SEC. ll. PROTECTION OF NATIONAL SECURITY (h) TERMINATION.— rior Resource Center as required by section INTERESTS FROM OIL AND GAS (1) IN GENERAL.—The authority to provide 1616 of the Wounded Warrior Act (title XVI LEASING IN CERTAIN AREAS. benefits under this section shall expire on of Public Law 110–181; 122 Stat. 447; 10 U.S.C. (a) AREAS.—This section applies to— the date that is one year after the date of the 1071 note) to members of the Armed Forces (1) any area in the Gulf of Mexico that is enactment of this Act. and their dependents; and east of the Military Mission Line (as defined

VerDate Aug 31 2005 03:14 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.057 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8959 in section 102 of the Gulf of Mexico Energy posed to the bill S. 3001, to authorize (E) contributing to sustainable security by Security Act of 2006 (43 U.S.C. 1331 note; Pub- appropriations for fiscal year 2009 for providing individuals monetary-resource al- lic Law 109–432)); military activities of the Department ternatives to cooperating with militias, ex- (2) the area that is also known as the of Defense, for military construction, tremists, and other extra-legal entities; ‘‘Joint Gulf Range Complex’’ or the ‘‘Gulf of and for defense activities of the De- (F) providing additional income directly to Mexico Range’’; and individual citizens, thereby stimulating en- (3) any military or national security agen- partment of Energy, to prescribe mili- trepreneurship and reducing the reliance on cy operations, training, or testing area that tary personnel strengths for such fiscal the ability of the central and provincial gov- is used by a military or national security year, and for other purposes; which was ernments to deliver basic services and exe- agency of the United States. ordered to lie on the table; as follows: cute their budgets; and (b) PREREQUISITE.—Notwithstanding any On page 3, line 20, strike ‘‘subsection.’’.’’ (G) serving as a model for revenue distribu- other provision of law, the Secretary of the and insert ‘‘subsection. tion to other resource-rich countries in the Interior shall not issue any permit for oil ‘‘(4) MAXIMUM AMOUNT FOR CONSOLIDATED Middle East; and and gas leasing or extraction in an area de- SCHOOL DISTRICTS.—Notwithstanding any (4) the United States should provide assist- scribed in subsection (a) unless and until the other provision of this section, a local edu- ance to Iraq for implementation of an oil President certifies (after receiving advice cational agency that is formed at any time trust. from the Secretary of Defense, the Secretary after September 30, 2003, by the consolida- (c) CERTIFICATION.—Not later than 90 days of the Navy, the Secretary of the Air Force, tion of 2 or more former school districts, of after the date of the enactment of this Act, and the head of each appropriate national se- which at least 1 former district was eligible the Secretary of State shall certify to the curity agency of the United States) that in for assistance under this section for the fis- appropriate congressional committees that balancing the national security interests of cal year preceding the year of the consolida- representatives of the United States Govern- the United States— tion, shall not be eligible under this section ment have presented to Government of Iraq (1) the advantages of oil or gas extraction for an amount that is more than the total of representatives an oil trust plan that in- in the area; outweigh the maximum amount calculated under cludes— (2) the military and national security mis- paragraphs (2) and (3) of subsection (b) for (1) background on oil trusts, including sions being conducted in the area. each former eligible district of the local edu- those currently used by sovereign nations or cational agency for such fiscal year.’’. territories and states within nations; SA 5627. Mr. LEVIN (for himself and (2) options for different types of oil trusts Mr. WARNER) submitted an amendment SA 5629. Mrs. CLINTON (for herself that could be implemented in Iraq; and intended to be proposed by him to the and Mr. ENSIGN) submitted an amend- (3) a discussion on the steps necessary to bill S. 3001, to authorize appropriations ment intended to be proposed by her to implement an oil trust. for fiscal year 2009 for military activi- the bill S. 3001, to authorize appropria- (d) APPROPRIATE CONGRESSIONAL COMMIT- ties of the Department of Defense, for tions for fiscal year 2009 for military TEES DEFINED.—In this section, the term military construction, and for defense activities of the Department of De- ‘‘appropriate congressional committees’’ means— activities of the Department of Energy, fense, for military construction, and (1) the Committee on Armed Services, the to prescribe military personnel for defense activities of the Depart- Committee on Foreign Relations, and the strengths for such fiscal year, and for ment of Energy, to prescribe military Committee on Appropriations of the Senate; other purposes; which was ordered to personnel strengths for such fiscal and lie on the table; as follows: year, and for other purposes; which was (2) the Committee on Armed Services, the At the end of subtitle D of title XII, add ordered to lie on the table; as follows: Committee on Foreign Affairs, and the Com- the following: On page 342, between lines 10 and 11, insert mittee on Appropriations of the House of SEC. 1233. ADDITIONAL ELEMENTS ON COUNTER- the following: Representatives. NARCOTICS ACTIVITIES IN BI-AN- SEC. 1208. SUPPORT FOR AN IRAQ OIL TRUST. NUAL REPORTS ON PROGRESS TO- (a) STATEMENT OF POLICY.—It is the policy SA 5630. Mr. SANDERS (for Mr. FEIN- WARD SECURITY AND STABILITY IN of the United States that— GOLD) proposed an amendment to the AFGHANISTAN. (1) the people of Iraq should benefit di- resolution S. Res. 643, calling for great- (a) RECURRING ELEMENTS.—Section rectly from a share of the revenues gen- 1230(c)(4) of the National Defense Authoriza- er dialogue between the Dalai Lama erated by the hydrocarbon resources of their tion Act for Fiscal Year 2008 (Public Law and the Government of China regarding country; and 110–181; 122 Stat. 387) is amended— rights for the people of Tibet, and for (2) the United States Government should (1) by redesignating subparagraph (D) as other purposes; as follows: present a plan and provide capacity and eco- subparagraph (E); and nomic assistance for the implementation of Strike the fifteenth and sixteenth whereas (2) by inserting after subparagraph (C) the an Iraq oil trust. clauses of the preamble. following new subparagraph (D): (b) SENSE OF CONGRESS.—It is the sense of ‘‘(D) An assessment of the coordination be- Congress that— f tween United States and NATO ISAF mili- (1) the future of Iraq’s oil reserves remains tary forces on the one hand and the Govern- at the heart of political reconciliation in ment of Afghanistan on the other hand to AUTHORITY FOR COMMITTEES TO Iraq; MEET better coordinate and de-conflict operations (2) ensuring that individual Iraqis benefit relating to or in support of the counter-nar- directly from hydrocarbon revenues is crit- COMMITTEE ON COMMERCE, SCIENCE, AND cotics activities of the national and provin- ical to promoting reconciliation and facili- TRANSPORTATION cial governments of Afghanistan and of other tating sustainable stability in Iraq; Mr. CARDIN. Mr. President, I ask departments and agencies of the United (3) the development and implementation of States and other member countries of NATO unanimous consent that the Com- an oil trust could provide significant bene- mittee on Commerce, Science, and ISAF.’’. fits to Iraq and its citizens, including by— (b) ADDITIONAL ELEMENT IN FIRST REPORT (A) helping to demonstrate the values at Transportation be authorized to meet AFTER ENACTMENT.—The first report under the heart of democratic governance by giv- during the session of the Senate on section 1230 of the National Defense Author- ing Iraqi citizens a direct stake in the re- Wednesday, September 17, 2008, at 10:30 ization Act for Fiscal Year 2008, as amended sponsible and transparent management of a.m., in room 253 of the Russell Senate by subsection (a), that is submitted after the the hydrocarbon resources of Iraq and the date of the enactment of this Act shall, in Office Building. use and distribution of hydrocarbon reve- addition to any other matters required by The PRESIDING OFFICER. Without nues; such section (as so amended), also identify objection, it is so ordered. (B) helping to diffuse the degree and con- which offices in the military headquarters of centration of control of the revenues gen- COMMITTEE ON ENVIRONMENT AND PUBLIC United States and the North Atlantic Treaty erated from hydrocarbon resources, thereby WORKS Organization International Security Assist- reducing the opportunity for and magnitude Mr. CARDIN. Mr. President, I ask ance Force in Afghanistan are responsible of corruption; unanimous consent that the Com- for coordinating counter-narcotics oper- (C) facilitating ‘‘bottom-up’’ private sector ations in Afghanistan. mittee on Environment and Public development, which will be critical to Iraq’s Works be authorized to meet during SA 5628. Mr. JOHNSON (for himself future prosperity and economic diversity, by the session of the Senate on Wednes- putting revenues from the oil resources of and Mr. THUNE) submitted an amend- day, September 17, 2008 at 10 a.m. in Iraq directly in the hands of its citizens; ment intended to be proposed to (D) helping to alleviate the incentive for room 406 of the Dirksen Senate Office amendment SA 5519 submitted by Mr. smuggling or sabotage by providing indi- Building. JOHNSON (for himself, Mr. THUNE, and vidual citizens a direct stake in the amount The PRESIDING OFFICER. Without Ms. STABENOW) and intended to be pro- of Iraqi oil that is legally produced and sold; objection, it is so ordered.

VerDate Aug 31 2005 03:14 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.059 S17SEPT1 smartinez on PROD1PC64 with SENATE S8960 CONGRESSIONAL RECORD — SENATE September 17, 2008 COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. The areas of China, and was sabotaging the Mr. CARDIN. Mr. President, I ask clerk will report the bill by title. Olympic Games; unanimous consent that the Com- The legislative clerk read as follows: Whereas Hu Jintao, General Secretary of the Communist Party of China, released a mittee on Foreign Relations be author- A bill (H.R. 6889) to extend the authority of statement after this meeting saying that his ized to meet during the session of the the Secretary of Education to purchase guar- Government of China was committed to a anteed student loans for an additional year, Senate on Wednesday, September 17, ‘‘serious’’ dialogue with the Dalai Lama; and for other purposes. 2008, at 10 a.m. Whereas, at the United States-European The PRESIDING OFFICER. Without There being no objection, the Senate Union (EU) Summit on June 10, 2008, the objection, it is so ordered. proceeded to consider the bill. United States and the European Union COMMITTEE ON HEALTH, EDUCATION, LABOR, Mr. SANDERS. Mr. President, I ask issued a joint statement welcoming the deci- AND PENSIONS unanimous consent that the bill be sion by the Government of China to hold Mr. CARDIN. Mr. President, I ask read three times and passed, the mo- talks with representatives of the Dalai unanimous consent that the Com- tion to reconsider be laid upon the Lama, and urged ‘‘both parties to move for- mittee on Health, Education, Labor, table, with no intervening action or de- ward with a substantive, constructive and bate, and any statements related to the results-oriented dialogue at an early date’’; and Pensions be authorized to meet, Whereas the Envoys of His Holiness the during the session of the Senate, to bill be printed in the RECORD. Dalai Lama’s Kelsang Gyaltsen and Lodi conduct a hearing entitled ‘‘401(k) Fee The PRESIDING OFFICER. Without Gyari visited Beijing from June 30 to July 3, Disclosure: Helping Workers Save for objection, it is so ordered. 2008, to conduct the seventh round of the Ti- Retirement’’ on Wednesday, September The bill (H.R. 6889) was ordered to a betan-Chinese dialogue; 17, 2008. The hearing will commence at third reading, was read the third time, Whereas, during these talks, the Govern- 10 a.m. in room 430 of the Dirksen Sen- and passed. ment of China issued a new set of demands, including that the Dalai Lama prove that he ate Office Building. f The PRESIDING OFFICER. Without does not support Tibetan independence or objection, it is so ordered. CALLING FOR GREATER DIALOGUE disruption of the Olympic Games in Beijing; Whereas the Dalai Lama has stated mul- COMMITTEE ON HOMELAND SECURITY AND BETWEEN THE DALAI LAMA AND CHINA tiple times he does not favor the independ- GOVERNMENTAL AFFAIRS ence of Tibet and is instead seeking negotia- Mr. CARDIN. Mr. President, I ask Mr. SANDERS. Mr. President, I ask tions to address the legitimate grievances of, unanimous consent that the Com- unanimous consent that the Com- and provide genuine autonomy for, the Ti- mittee on Homeland Security and Gov- mittee on Foreign Relations be dis- betan people within the People’s Republic of ernmental Affairs be authorized to charged from further consideration of China, and is committed to non-violence; meet during the session of the Senate S. Res. 643 and that the Senate proceed Whereas the Dalai Lama has repeatedly on Wednesday, September 17, 2008, at 10 to its immediate consideration. and publicly declared his support for the a.m. The PRESIDING OFFICER. Without Olympic Games in China, as well as his in- The PRESIDING OFFICER. Without tention to attend the opening ceremony, if objection, it is so ordered. The clerk invited; objection, it is so ordered. will report the resolution by title. Whereas, at the conclusion of the July COMMITTEE ON THE JUDICIARY The legislative clerk read as follows: round of talks, officials of the Government of Mr. CARDIN. Mr. President, I ask A resolution (S. Res. 643) calling for great- China did not accept a proposal by the rep- unanimous consent that the Senate er dialogue between the Dalai Lama and the resentatives of the Dalai Lama to agree to a Committee on the Judiciary be author- government of China regarding rights for the joint statement supporting a continuation of ized to meet during the session of the people of Tibet, and other purposes. the dialogue process; Senate, to conduct a hearing entitled There being no objection, the Senate Whereas Special Envoy Lodi Gyari said on ‘‘Oversight of the Federal Bureau of In- proceeded to consider the resolution. July 5, 2008, that the talks with the Govern- Mr. SANDERS. Mr. President, I fur- ment of China, called for by the inter- vestigation’’ on Wednesday, September national community, were ‘‘disappointing 17, 2008, at 9:30 a.m., in room SH–216 of ther ask unanimous consent that the and difficult’’; the Hart Senate Office Building. resolution be agreed to, the amend- Whereas, in contrast to the opinion of Spe- The PRESIDING OFFICER. Without ment which is at the desk be agreed to, cial Envoy Lodi Gyari, President George W. objection, it is so ordered. the preamble, as amended, be agreed Bush said on July 6, 2008, that ‘‘it looks like COMMITTEE ON VETERANS’ AFFAIRS to, the motion to reconsider be laid there’s some progress, at least in the talks Mr. CARDIN. Mr. President, I ask upon the table, with no intervening ac- with the Dalai Lama’’; unanimous consent that the Com- tion or debate, and any statements re- Whereas officials of the Government of lating to the resolution be printed in China subsequently stated that the talks mittee on Veterans’ Affairs be author- with the Dalai Lama’s envoys are only about ized to meet during the session of the the RECORD. The PRESIDING OFFICER. Without the Dalai Lama’s personal future, rather Senate on Wednesday, September 17, than about the future of Tibet; objection, it is so ordered. 2008. The Committee will meet in 418 Whereas the Office of the Dalai Lama on Russell Senate Office Building, begin- The resolution (S. Res. 643) was July 17, 2008, restated its position that the ning at 10 a.m. agreed to. talks are about ‘‘the future of 6,000,000 Tibet- The PRESIDING OFFICER. Without The amendment (No. 5630) was agreed ans in Tibet and not His Holiness the Dalai objection, it is so ordered. to, as follows: Lama’’; Whereas, on July 11, 2008, the European SPECIAL COMMITTEE ON AGING (Purpose: To amend the preamble) Parliament adopted a resolution that ‘‘wel- Mr. CARDIN. Mr. President, I ask Strike the fifteenth and sixteenth where- as clauses of the preamble. comes the resumption of contacts, after the unanimous consent that the Special events of March 2008 in Lhasa, between the Committee on Aging be authorized to The preamble, as amended, was representatives of the Dalai Lama and the meet during the session of the Senate agreed to. Chinese authorities’’ and ‘‘encourages the on Wednesday, September 17, 2008 from The resolution, with its preamble, as two parties to intensify these contacts so as 10:30 a.m.–12:30 p.m. in Dirksen 562 for amended, reads as follows: to establish the bases for mutual trust, with- the purpose of conducting a hearing. S. RES. 643 out which it will be impossible to arrive at a mutually acceptable political solution’’; The PRESIDING OFFICER. Without Whereas, on April 25, 2008, China’s official Whereas China’s People’s Armed Police objection, it is so ordered. news agency Xinhua expressed the willing- troops have been sent to monasteries in Ti- ness of the Government of China to meet f betan areas to give monks ‘‘relevant infor- with envoys of the Dalai Lama; mation’’ about the Olympics, and Chinese EXTENDING AUTHORITY OF Whereas, on May 4, 2008, Special Envoy of authorities have stepped up ‘‘patriotic edu- SECRETARY OF EDUCATION His Holiness the Dalai Lama Lodi Gyari and cation’’ campaigns designed to conform the Envoy Kelsang Gyaltsen met with Chinese Mr. SANDERS. Mr. President, I ask religious practices of Tibetan Buddhists to Executive Vice Minister Zhu Weiqun and Ex- unanimous consent that the Senate ecutive Vice Minister Sithar for one day of Communist Party rules, including forcing proceed to the immediate consider- talks, in which the Government of China al- monks and nuns to denounce the Dalai ation of H.R. 6889, which was received leged that the Dalai Lama instigated the Lama: Now, therefore, be it from the House. March 2008 unrest in autonomous Tibetan Resolved, That the Senate—

VerDate Aug 31 2005 04:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.063 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — SENATE S8961 (1) urges the Dalai Lama or his representa- (A) to respect freedom of speech and free- their use later in the day, and the Sen- tives and the Government of the People’s Re- dom of association, as required by inter- ate proceed to a period of morning public of China to begin earnest negotia- national law and as enshrined in the Con- business, with Senators permitted to tions, without preconditions, to provide for a stitution of China and to release those who speak for up to 10 minutes each; fur- mutually agreeable solution that addresses have committed no crime other than peace- the legitimate grievances of, and provides ful protest; and ther, that the mandatory quorum genuine autonomy for, the Tibetan people; (B) to end the ‘‘patriotic education’’ cam- under rule XXII be waived with respect (2) urges that the talks in October 2008 be- paign against lay and clerical Tibetans and to the motions to proceed to S. 3297 tween the Government of China and the allow Tibetans to practice their religion and H.R. 6049. Dalai Lama should focus on the welfare, cul- freely. The PRESIDING OFFICER. Without tural, political, and religious autonomy of objection, it is so ordered. the Tibetan people, and not on the person of f f the Dalai Lama; ORDERS FOR THURSDAY, (3) affirms that the human rights of Tibet- ans and their right to practice religion free SEPTEMBER 18, 2008 RECESS UNTIL 10 A.M. TOMORROW of government regulation is not an internal Mr. SANDERS. Mr. President, I ask Mr. SANDERS. Mr. President, if matter of any one country; unanimous consent that when the Sen- there is no further business to come be- (4) urges the President to take a more per- ate completes its business today, it fore the Senate, I ask unanimous con- sonal and engaged interest in the successful stand in recess until 10 a.m. tomorrow, sent that it stand in recess under the conclusion of these negotiations, both uni- laterally and in coordination with United Thursday, September 18; that following previous order. States allies; and the prayer and pledge, the Journal of There being no objection, the Senate, (5) calls on the United States Government proceedings be approved to date, the at 7:46 p.m, recessed until Thursday, to press the Government of China— time for the two leaders be reserved for September 18, 2008, at 10 a.m.

VerDate Aug 31 2005 03:14 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A17SE6.022 S17SEPT1 smartinez on PROD1PC64 with SENATE September 17, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1813 EXTENSIONS OF REMARKS

HONORING PHILLIP TORRES en’s role in the church. For the next 40 years markable individuals that proudly served in the the Holiness Movement was reduced to scat- U.S. Army. They were awarded the Congres- HON. SAM GRAVES tered denominations, divided by their location sional Medal of Honor for their courage and OF MISSOURI and ideologies. heroic actions; Roy for his service in the Viet- The year between October, 1907 and Octo- nam War and Marcario for his service in Ger- IN THE HOUSE OF REPRESENTATIVES ber, 1908 marked a significant turning point for many during World War II. While these are Wednesday, September 17, 2008 the Holiness Movement. Three of the move- two notable examples, there are many other Mr. GRAVES. Madam Speaker, I proudly ment’s regional denominations made a com- Hispanic American soldiers that deserve our pause to recognize Phillip Torres of Kansas mitment to put aside past differences and em- gratitude. These are the men and women who City, Missouri. Phillip is a very special young brace in unity the mutually held convictions of leave their loved ones to serve the greater man who has exemplified the finest qualities their faith. The culmination of their efforts good. They are the ones who put on the uni- of citizenship and leadership by taking an ac- came to fruition on October 8, 1908 in Pilot form everyday knowing that their sacrifices tive part in the Boy Scouts of America, Troop Point, Texas, where the denominations met to- today guarantee us our freedom and safety to- 1707, and earning the most prestigious award gether to form the Church of the Nazarene. morrow. of Eagle Scout. Under the leadership of individuals such as Madam Speaker, I ask my esteemed col- Phillip has been very active with his troop, Phineas Bresee and Hiram Reynolds, the leagues to join me in expressing heartfelt grat- participating in many scout activities. Over the church again united as one body and began to itude to these soldiers. many years Phillip has been involved with spread the gospel throughout the world. f scouting, he has not only earned numerous Looking back over the past 100 years, the merit badges, but also the respect of his fam- Church of the Nazarene has experienced sig- TRIBUTE TO MARINE CAPTAIN ily, peers, and community. nificant change. Yet, through these years, their JESSE MELTON, III Madam Speaker, I proudly ask you to join mission has remained fundamentally the me in commending Phillip Torres for his ac- same. The Church itself has declared that, HON. C.A. DUTCH RUPPERSBERGER complishments with the Boy Scouts of Amer- their ‘‘primary objective . . . is to advance OF MARYLAND ica and for his efforts put forth in achieving the God’s Kingdom by the preservation and prop- IN THE HOUSE OF REPRESENTATIVES agation of Christian holiness as set forth in the highest distinction of Eagle Scout. Wednesday, September 17, 2008 f Scriptures.’’ The Church of the Nazarene has always taken seriously the call to take the Mr. RUPPERSBERGER. Madam Speaker, I HONORING THE 100TH ANNIVER- Good News to all nations and to fellowship rise before you today to honor Marine Captain SARY OF THE CHURCH OF THE with one another in love. The church con- Jesse Melton, III, who died serving his country NAZARENE tinues to serve as a beacon for holiness and on September 9th, 2008. Captain Jesse Christian community throughout the world. Melton, 29, of Randallstown, Maryland, died HON. KENNY MARCHANT Madam Speaker, please join me in applaud- as a result of multiple traumatic injuries sus- OF TEXAS ing the Church of the Nazarene as it cele- tained while conducting combat operations in IN THE HOUSE OF REPRESENTATIVES brates 100 years of dedicated fellowship. Cler- Afghanistan. Captain Melton was assigned to gy and members of the past and present are Headquarters Battery, 12th Marines, 3rd Ma- Wednesday, September 17, 2008 to be commended for their service to the rine Division, Kaneohe Bay, Hawaii. Mr. MARCHANT. Madam Speaker, I rise church and greater community. It is my hope Jesse graduated from Randallstown High today to recognize the Church of the Naza- that the Church of the Nazarene continues to School in Baltimore County, Maryland, where rene on its 100th Anniversary for providing a stand as symbol of resolve, inspiration, and he played lacrosse and baseball. He then at- place to worship, learn, and assist those in worship for many years to come. tended Messiah College in Grantham, Penn- need. f sylvania, where he studied communications. In honor of this special anniversary, the After his freshman year, however, Jesse de- Church of the Nazarene has declared October IN RECOGNITION OF HISPANIC cided to join the Marine Corps Reserve and 5, 2008, as The Centennial Sunday. On that AMERICAN SOLDIERS AND IN attended Boot Camp in South Carolina, an ex- day, churches of this denomination will gather CELEBRATION OF HISPANIC HER- perience his family says changed his life. across the globe as one body united around a ITAGE MONTH Upon completion of his basic training, Jesse’s common worship, a common message, and a drill sergeant recommended him for Officer common scripture. The Centennial Sunday is HON. PETE SESSIONS Candidate School, training Jesse completed an organized effort by the church to remember OF TEXAS while earning his degree in communications their heritage and those that have gone before IN THE HOUSE OF REPRESENTATIVES from Messiah College. them, as well as look to the future, as they Jesse was commissioned as a second lieu- continue, through the power of the Holy Spirit, Wednesday, September 17, 2008 tenant in June of 2000 and served two tours to spread the gospel further throughout the Mr. SESSIONS. Madam Speaker, I rise in Japan. He was promoted to the rank of cap- world. today to recognize the Hispanic servicemen tain and deployed for a tour in Iraq. In March, This occasion serves to highlight the Church and women that have chosen honorable paths Captain Melton was deployed again, this time of the Nazarene’s history and their continued of public service and devoted themselves to to Afghanistan. He was supporting combat op- commitment to the cause of Christ. The sus- the cause of defending this great Nation. erations in the Parwan province at the time of tained growth of this church and their pledge Since 1968, the United States has set aside his death. to holiness stands as a lasting testament to a designated period of time to recognize the The Randallstown High and Messiah Col- the determination of a small group who over- contributions of Hispanic Americans and to lege alumnus is survived by his mother, Mrs. came prejudices and divisions as they devoted celebrate Hispanic heritage and culture. Our Janice Chance, his younger sister Jenine themselves to God and unity with their fellow soldiers put themselves in harm’s way and Melton and brother Joshua Melton, and step- man. make sacrifices to protect the freedoms we father Charlton Chance, all of Owings Mills, During and shortly after this country’s enjoy. The uniform they wear knows no gen- Maryland, as well as his stepsisters Christine bloody Civil War, our nation found itself bitterly der, no social status, and no political affiliation. and Laura Chance, and his grandmother Ethel divided. At that same time, the Wesleyan-Holi- It knows that these brave souls share only one Matthews of Baltimore. ness Movement likewise splintered into nu- thing—a deep love for America. Madam Speaker, I ask that you join with me merous divisions over race, region and several Master Sargeant Roy Perez Benavidez and today in honoring the life of a man truly dedi- theological issues such as baptism and wom- Staff Sargeant Marcario Garcia were two re- cated to serving his country.

∑ 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 06:02 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K17SE8.005 E17SEPT1 jbell on PROD1PC69 with REMARKS E1814 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 2008 SUPPORTING TAIWAN’S FULL A TRIBUTE TO JOHN AMIOTT’S HONOR TERESA MCCABE, CARLA MEMBERSHIP IN THE U.N. ‘‘YESTERDAY A VETERAN DIED’’ HUNTER, AND BETH PETERS CURTIN HON. THOMAS G. TANCREDO HON. KEITH ELLISON HON. SHELLEY MOORE CAPITO OF COLORADO OF WEST VIRGINIA OF MINNESOTA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Wednesday, September 17, 2008 Wednesday, September 17, 2008 Mr. TANCREDO. Madam Speaker, I rise Wednesday, September 17, 2008 Mrs. CAPITO. Madam Speaker, I rise today today in support of Taiwan’s full membership to honor Teresa McCabe, Carla Hunter and Mr. ELLISON. Madam Speaker, I submit the in the United Nations. Beth Peters Curtin, who are being recognized following: Taiwan is an independent, peace loving, as 2008 Women of Distinction by the Girl and democratic nation that enjoys formal dip- YESTERDAY A VETERAN DIED Scouts of Shawnee Council in West Virginia. lomatic relations with more than twenty other These three ladies were chosen for their nations. In addition, the island nation main- John Amiott, USAF 1967–1970 leadership and contribution to the community, tains informal bilateral relations with more than Yesterday a veteran died but the world their profession, and how they serve as role one hundred other countries, precisely be- hardly noticed. Age or race or gender, it models for young women. The Girl Scouts of cause those other countries know that the made no difference; soldier or sailor, airman Shawnee Council honor three women annually government in Beijing does not—as it often or marine, it made no difference. from the Eastern Panhandle that exemplify asserts—speak for democratic Taiwan. Yesterday a veteran died. He was one of these qualities. The first honoree, Teresa McCabe, was Beijing often argues that Taiwan’s 23 million the millions, who, over the centuries, inter- nominated by The United Way of the Eastern people are represented by the unelected gov- rupted his life to serve when his country Panhandle for the significant impact she has ernment of the People’s Republic of China in called. had in her community. McCabe is the vice international bodies like the United Nations as Yesterday a veteran died. He wore his uni- president of marketing and development for well. But the Beijing authorities routinely form with pride and sense of purpose. He West Virginia University Hospitals—East. She threaten to attack Taiwan, and have deployed went where he was asked to go and per- was involved with both the United Way and more than 1,000 missiles on its southeastern formed the duties for which he had been the City Hospital before their mergers and is coast aimed directly at the island. So while it trained. He committed to fight their fights and to safeguard their secrets with a solemn also involved with the Rotary, American Can- might be politically expedient for China to oath that remained unbroken. cer Society and both Jefferson and Berkeley argue that it represents Taiwan, no fair-mind- Counties Chambers of Commerce. Born and ed person or government could honestly be Yesterday a veteran died. He was changed forever by his experiences but his society raised in Charles Town, WV, McCabe has expected to believe such a preposterous also changed. The lines of social conscious- been able to give back to the community in claim. And of course, most countries realize ness were redrawn, the old morality was al- which she was raised. this. tered and by the time of his return he found Carla Hunter, the department chair and As I mentioned earlier, while Taiwan’s gov- different standards applied. school counselor at Washington High School, ernment enjoys formal diplomatic ties with Yesterday a veteran died. Like the hun- works tirelessly to make her school the best some two dozen nations, Taipei maintains dreds of generations before him and the end- school in the area. She was nominated for more than 100 quasi-embassies or ‘‘trade of- less roster of those who will follow, he tried Women of Distinction by Asbury United Meth- fices’’ in nearly every country in the world. And to make sense of the chaos and confusion odist Church in Shepherdstown. Education is most of these countries—including the United created by the metamorphous of a citizen a passion of hers, and she gives much of her States—maintain a reciprocal mission in Tai- turned warrior and then returned to the life free time to ensure young children have a of a civilian. wan’s capital, Taipei. Why? The reason is ob- bright future. As a former Girl Scout, Carla vious: because we all realize that the totali- Yesterday a veteran died. And, as with far knows how much of an impact Girl Scouts can tarian government of China doesn’t really too many of his peers, the real conflict began have on a young woman’s life. speak for the people of democratic Taiwan. when the tour of duty ended. His personal The final recipient of the 2008 Women of The United Nations is no different. battle would become a private hell; a hell born from the memories of the reality of life Distinction award is Beth Peters Curtin. In ad- Madam Speaker, Taiwan’s new government in a shadow world. A place where a chosen dition to being the executive director of the has attempted to strike a more conciliatory few practiced their craft; a world few out- Berkeley Springs-Morgan County Chamber of tone this year, asking only for Taiwan’s partici- siders knew existed and even fewer under- Commerce, Beth is also a member of the Eco- pation in U.N. affiliated agencies rather than stood. His was that shadow world, the one he nomic Development Authority, founding mem- for full membership. This modest proposal is a could never completely leave; the one from ber of the Museum of Berkeley Springs and good start, and I hope the Bush Administration which there was no escape. director of Apple Butter Festival. She spends will direct our U.N. representative to support it. Yesterday a veteran died. Now his soul what little spare time she has serving her Should Taiwan be successful in its quest for would find the elusive peace of mind and community. Beth has learned from her moth- meaningful participation in the United Nations spirit for which he had been searching. No er’s generation what great role models women this year, I sincerely hope that they will build longer will he awake, sweating and scream- can be and wants to pass that on to the next on that success by applying for full U.N. mem- ing in the night, plagued by the nightmares generation as well. bership next year. After all, Taiwan maintains of his past. No longer will the ghosts of war It is an honor to represent these three out- its own military, elects its own leaders, con- haunt him, no longer will the cries of con- standing women who serve as strong leaders flict echo in his ears. ducts its own foreign affairs, controls its own and excellent role models for young women in territory, has a larger population than Aus- Yesterday a veteran died. When he is laid their communities. Congratulations to Teresa tralia, and boasts one of the most dynamic to rest an honor guard will fire a rifle volley McCabe, Carla Hunter and Beth Peters Curtin to mark his passing. And for him the mourn- economies in the world. as the 2008 Women of Distinction. ful wail of a bugle will sound one final time. Simply put, Taiwan is more than qualified f for membership, and eager to make a mean- Yesterday a veteran died. He will face his God knowing he served his country and did RECOGNIZING MR. STEVEN SHA- ingful contribution. his best. The family and friends he loved will PIRO FOR HIS NATIONAL LEAD- As a democratic friend and ally of Taiwan, weep and mourn their loss. And the world ERSHIP IN BUILDING SAFETY the United States should be among those will hardly notice that we have all been di- AND FIRE PROTECTION speaking up for Taiwan. We should make it minished. clear to the other member states that we be- Yesterday a veteran died. But with the HON. THELMA D. DRAKE lieve it is unfair to exclude Taiwan and its 23 grace of God and the wisdom of nations, per- OF VIRGINIA million citizens from the world community— haps we are closer to the time when we will IN THE HOUSE OF REPRESENTATIVES and that Taiwan’s membership poses no no longer need to say, ‘‘Yesterday a veteran threat to China, or the achievement of a died.’’ Wednesday, September 17, 2008 peaceful and equitable solution to Cross-Strait And then, perhaps, finally, the world will Mrs. DRAKE. Madam Speaker, I rise today differences. notice. to recognize Mr. Steven Shapiro, a resident of

VerDate Aug 31 2005 06:02 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K17SE8.004 E17SEPT1 jbell on PROD1PC69 with REMARKS September 17, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1815 Hampton, Virginia, and someone I am espe- Darnall, Gerald George, Greg Johnson, Ste- IN RECOGNITION OF THE RETIRE- cially proud to have as a constituent. In addi- phen Jones, Barbara Koffron, John LaTorra, MENT OF COLONEL RAY tion to his full-time public service as the Build- Ronald Lynn, Doug Murdock, Ronald Piester, HELTON, UNITED STATES ARMY ing Official for Hampton, this year Steve has James Ryan and Jeff Whitney; International also served as President of the Board of the Accreditation Services Board Chair Majed HON. JEFF MILLER International Code Council. It is the on-going Dabdoub, Vice Chair Ravi Shah and Board OF FLORIDA work of the Code Council that provides the na- Members John Barrios, Guy Tomberlin, Mi- IN THE HOUSE OF REPRESENTATIVES tion with an extensive body of model building chael Bouse, and Isam Hasenin and IAS and fire safety regulations. His role as the President Chuck Ramani; ICC Government Wednesday, September 17, 2008 President of the Code Council is the culmina- Relations Advisory Committee Chair Rebecca Mr. MILLER of Florida. Madam Speaker, I tion of 30 years of experience, leadership and Baker, and Committee Members Jim Martin, rise today to honor Colonel Ray Helton, United tireless work in ensuring that we are well pro- Lynn Underwood and George Wiggins; ICC States Army, who is retiring after 33 years of tected in the buildings where we live and Chapter Leaders Tina Rakes, Robert Boyer, dedicated service to this Nation. Colonel work. Gary Schenk and John Glover; Matthew Helton currently serves as the Director of Leg- I would also like to recognize the Code Wheeler of the California Building Officials; islative Affairs for the United States Special Council’s work on Capitol Hill this year in ad- and members of ICC’s professional staff in- Operations Command, MacDill Air Force vocating for legislation to build a program to cluding its CEO Richard Weiland, COO Base, Florida, with duty in Washington, DC. bolster local governmental capacity to ensure Dominic Sims, David deCourcy, Sara Yerkes, He is the principal advisor to the commander compliance with its building and fire codes. A Jim Tidwell, Mark Dinneen, Richard Kuchnicki, and senior USSOCOM officials on congres- high point of their effort occurred in May when Laura Scott, Matthew Lightfoot, Gretchen sional affairs. In this capacity, I have had the the Code Council’s leadership assembled here Hesbacher, and Jennifer Gibson. pleasure and honor to come to know Ray well in Washington, D.C. during Building Safety as we have travelled together on various con- Week 2008. With focused attention, Mr. Sha- f gressional delegations. piro’s delegation worked with over 120 Con- Colonel Helton enlisted in the Army in Feb- gressional offices like mine on enactment of HONORING ANDREW O’NEIL ruary 1975, completed Special Forces training, the Community Building Code Administration and served with the 10th Special Forces Grant Act. I am proud to be a cosponsor of Group. After his enlistment ended, he at- H.R. 4461, the House version of the Act, and HON. SAM GRAVES tended the University of Illinois where he grad- to have worked with my Colleague DENNIS OF MISSOURI uated as a distinguished military graduate. He MOORE, the sponsor, and the Code Council IN THE HOUSE OF REPRESENTATIVES returned to active duty in January 1981 as an and its broad coalition in achieving House infantry officer. His Infantry assignments in- passage this July. Wednesday, September 17, 2008 cluded leading two platoons in the 3d Infantry Leading a membership association of over Division and commanding two companies in Mr. GRAVES. Madam Speaker, I proudly nearly 50,000 building safety and fire preven- the 101st Airborne Division. He served as a pause to recognize Andrew O’Neil of Kansas tion professionals is, of course, a substantial company commander, battalion executive offi- City, Missouri. Andrew is a very special young preoccupation, and the City of Hampton, its cer and battalion commander in the 3d Special man who has exemplified the finest qualities Mayor Ross Kearney and City Manager Jesse Forces Group. He has conducted training and of citizenship and leadership by taking an ac- Wallace are also to be thanked for supporting operations with soldiers on five continents. tive part in the Boy Scouts of America, Troop Steve’s volunteer work in leadership of the Colonel Helton also served as the chief of as- 1374, and earning the most prestigious award Code Council. I am proud that local leadership signments of the Combat Arms Division in of Eagle Scout. from my District is at work in leading the de- United States Personnel Command, as a stra- velopment and maintenance of the building Andrew has been very active with his troop, tegic planner and writer on the Joint Staff and and fire codes that protect us all across the participating in many scout activities. Over the as the Garrison Commander of Fort Drum, country. These safety codes, independently many years Andrew has been involved with New York. modified for adoption by the Commonwealth of scouting, he has not only earned numerous Colonel Helton’s military education includes Virginia and all across the country, govern merit badges, but also the respect of his fam- the infantry officer basic course, airborne construction and maintenance of our residen- ily, peers, and community. school, combat divers course, air assault tial and commercial buildings, including the Madam Speaker, I proudly ask you to join school, ranger school, Special Forces quali- homes and the business, schools, and places me in commending Andrew O’Neil for his ac- fication school, and the joint psychological op- of worship we use and visit regularly. complishments with the Boy Scouts of Amer- erations course, just to name a few. He also So I applaud Steve’s three decades as a re- ica and for his efforts put forth in achieving the received a master of arts degree in national lentless advocate for building safety; a mission highest distinction of Eagle Scout. strategy and policy from the Naval War Col- that he is sure to carry on for quite some time. lege and a master of science degree in na- In working on that mission he serves not only f tional resource strategy from the Industrial Hampton and the Commonwealth, but, in his College of the Armed Forces. role as President of the Board of the Code PERSONAL EXPLANATION Madam Speaker, few can match the dedica- Council, has served the rest of the nation as tion and professionalism of Ray Helton. He is well. In his non-volunteer job as Director of a man of honor and a man of principle. On be- Codes Compliance for the City of Hampton, HON. J. GRESHAM BARRETT half of the United States Congress, I wish to he continues to ensure the safety of construc- OF SOUTH CAROLINA thank Ray for his years of dedicated service. tion our very historic city of nearly 150,000 IN THE HOUSE OF REPRESENTATIVES Vicki and I wish him, his wife Jane, and their residents; a town proud of the title as the first children and grandchildren the best wishes for continuous English-speaking settlement in Wednesday, September 17, 2008 continued success. America. Steve is an honored and distin- f guished citizen of my District, and as a leader Mr. BARRETT of South Carolina. Madam of the ICC has shared with the nation his val- Speaker, due to my attendance at events in PERSONAL EXPLANATION ues as an outstanding public safety profes- my district and state discussing legislation that sional and a truly dedicated public servant. will help move our country toward energy HON. TIMOTHY V. JOHNSON independence, I unfortunately missed re- I would also like to take this opportunity to OF ILLINOIS corded votes on the House floor on Monday, recognize the rest of the ICC delegation who IN THE HOUSE OF REPRESENTATIVES visited Capitol Hill during Building Safety September 15, 2008. Week 2008, and thank them for their efforts to Had I been present, I would have voted Wednesday, September 17, 2008 promote and defend a safe and sound built- ‘‘yes’’ on rollcall vote No. 589, Motion to sus- Mr. JOHNSON of Illinois. Madam Speaker, environment. Those individuals include: Board pend the rules and agree to H. Res. 1200, unfortunately on September 16, 2008, I was Vice President Adolf Zubia, Board Secretary/ ‘‘yes’’ on rollcall vote No. 590, Motion to sus- unable to cast my votes on the Motion to Ad- Treasurer Ron Lynn, Immediate Past Presi- pend the rules and agree to H. Con. Res. 390, journ. Had I been present for rollcall No. 592, dent of the Board Wally Bailey; Board mem- and ‘‘yes’’ on rollcall vote No. 591, Motion to on the Motion to Adjourn, I would have voted bers Gregori Anderson, James Brothers, John suspend the rules and agree to H.R. 6889. ‘‘nay.’’

VerDate Aug 31 2005 06:02 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K17SE8.017 E17SEPT1 jbell on PROD1PC69 with REMARKS E1816 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 2008 PERSONAL EXPLANATION Madam Speaker, I proudly ask you to join all of my colleagues to join me in making sure me in commending Michael Krekeler for his that we allocate sufficient resources to help HON. MICHAEL T. McCAUL accomplishments with the Boy Scouts of FEMA, the Army Corps of Engineers, and OF TEXAS America and for his efforts put forth in achiev- States and communities across the country re- IN THE HOUSE OF REPRESENTATIVES ing the highest distinction of Eagle Scout. build in a coming spending package. Wednesday, September 17, 2008 f f Mr. MCCAUL of Texas. Madam Speaker on FLOODING IN ILLINOIS rollcall No. 598 I was unable to cast my vote. PERSONAL EXPLANATION Had I been present, I would have voted HON. JANICE D. SCHAKOWSKY ‘‘aye.’’ OF ILLINOIS f IN THE HOUSE OF REPRESENTATIVES HON. TIM MAHONEY HONORING MITCHELL APPLEMAN Wednesday, September 17, 2008 OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Ms. SCHAKOWSKY. Madam Speaker, I rise HON. today to recognize the heroic efforts of all Wednesday, September 17, 2008 OF FLORIDA those in my district who have responded to IN THE HOUSE OF REPRESENTATIVES the destruction that Hurricane Ike left in its Mr. MAHONEY of Florida. Madam Speaker, on September 16, 2008, I was unavoidably Wednesday, September 17, 2008 path. After ravaging Texas and Louisiana, Hurricane Ike’s rains made their way through detained and unable to vote on rollcall votes Ms. WASSERMAN SCHULTZ. Madam the Midwest, devastating the area with record- 592 and 594. Speaker, I rise today in memory of Mitchell level rainfall and causing massive flooding in Had I been able to vote, I would have voted Appleman, a south Florida veteran of World northeastern Illinois, including parts of my dis- ‘‘nay’’ on rollcall votes 592 and 594. War II and President-Emeritus of the Hallan- trict. Throughout the Chicagoland area, the dale Jewish Center. Mr. Appleman was a well- amounts of rain broke records—almost 7 f known member of our community, involved inches of rain fell in my district on just 1 day, with numerous causes and organizations. He the most in history. More than 90 billion gal- TRIBUTE TO STANTON THOMPSON was born in Brooklyn, New York and attended lons of rain were dumped on the area. Princeton University before enlisting and fight- Governor Blagojevich declared seven coun- ing in General Patton’s army in Europe during HON. IKE SKELTON ties in Illinois disaster areas. This will set in World War II. Upon his discharge from the motion a process that will allow the Federal OF MISSOURI U.S. Army, Mr. Appleman made a living in ar- Government to make a major disaster declara- IN THE HOUSE OF REPRESENTATIVES chitectural woodworking, lending his skills to tion so that Illinois can be eligible for Federal schools, hospitals, courtrooms, and religious Wednesday, September 17, 2008 assistance to help individuals, families, and institutions. After retiring to south Florida in businesses and help local governments; and 1976, he began his second career of service Mr. SKELTON. Madam Speaker, it has hazard mitigation assistance so affected areas in his new community. Mr. Appleman became come to my attention that a long and excep- can implement projects to reduce future flood active at the Hallandale Jewish Center, serv- tionally distinguished career will soon come to damage. In the meantime, I have encouraged ing as its longest acting president for many an end. RADM Stanton Thompson of my constituents to avoid flooded areas, to re- years and most recently as Chairman of the Higginsville, Missouri, will retire from his posi- port instances of price gouging, and to be pre- Board and its President-Emeritus. He was also tion as the county executive director for the pared with a solid inventory of the items they Treasurer of the South Florida Chapter of Farm Service Agency on November 14, 2008. have lost when they contact their insurance Friends for Life. Through his work at the Hal- Rear Admiral Thompson grew up in Saline companies to report damage. landale Jewish Center, Mr. Appleman went on County, where he graduated from Slater High Every single community in my district was to support Jewish day schools in the south School. Following that, Mr. Thompson re- affected, particularly the towns of Des Plaines Florida community, American Friends of Bar- ceived two degrees from the University of Mis- and Park Ridge. I would like to thank and Ilan University, the Anti-Defamation League, souri—Columbia. commend the Illinois Emergency Management and the Jewish Federation. In addition to his In 1977, Rear Admiral Thompson began his Agency, local first-responders, the American wife of 12 years, Riki, Mr. Appleman is sur- career with the Farm Service Agency as the Red Cross, and local elected officials like my vived by his two children, Nanci Vassil and Caldwell County executive director. With the friend Des Plaines Mayor Arredia—who has Mark Appleman, and their spouses Nick and support of his family and friends, he was able been a leader in the effort to prevent flooding Billie; his grandchildren, Aslan, Michael, Layla to carry on a successful career spanning 30 in the region—for quickly mobilizing the re- and Jason; his great-grandson, Brighton; and years as the county executive director of both sponse and providing relief for the flood vic- a very close cousin, Howard Appleman. Mitch- Lafayette and Caldwell counties. In 2002, tims. I also want to recognize the neighbors ell Appleman was a kind, wonderful man Rear Admiral Thompson’s office was nation- who helped their neighbors, and all of the peo- whose presence will be greatly missed. ally recognized when it received the FSA Ad- ple who came together in the face of hardship. ministrator’s Award for efforts to educate f Their response to Hurricane Ike was a great women landowners. Thompson has directed a example of the heart of the people of my dis- HONORING MICHAEL KREKELER comprehensive overhaul of the state’s man- trict. agement training program, utilizing his experi- Yesterday, I joined Governor Blagojevich HON. SAM GRAVES ence of training over 100 county operations and other State, county, and local elected offi- OF MISSOURI trainees. As director of the Farm Service cials at the Prairie Lake Community Center in IN THE HOUSE OF REPRESENTATIVES Agency, Rear Admiral Thompson helped issue Des Plaines, which is serving as a relief and millions of dollars in Federal agricultural pro- Wednesday, September 17, 2008 relocation shelter, to visit with people dis- gram benefits to over 3,000 customers. Mr. GRAVES. Madam Speaker, I proudly placed from their homes with nowhere to go pause to recognize Michael Krekeler of Blue and thank the Red Cross volunteers who are In addition to his accomplished business ca- Springs, Missouri. Michael is a very special doing such great work. I promised those peo- reer, Rear Admiral Thompson is a retired two- young man who has exemplified the finest ple taking shelter that I won’t stop working star Admiral in the U.S. Navy Reserve, pro- qualities of citizenship and leadership by tak- with the Army Corps of Engineers to complete viding our Nation with over 35 years of serv- ing an active part in the Boy Scouts of Amer- the Des Plaines River Project. Those parts of ice. He is it veteran of the Vietnam war, First ica, Troop 1362, and earning the most pres- the project that have already been completed Gulf war, and the global war on terrorism. tigious award of Eagle Scout. made a difference and saved homes from Madam Speaker, I know the Members of Michael has been very active with his troop, being flooded. I will also keep working to en- the House will join me in paying tribute to participating in many scout activities. Over the sure that local municipal projects that address RADM (Ret.) Stanton Thompson for his out- many years Michael has been involved with flood prevention get the funds they need. standing career and dedication to his country scouting, he has not only earned numerous Congress needs to appropriate funds to re- and in wishing him all the best as he enters merit badges, but also the respect of his fam- spond to the devastation that Hurricane Ike the next stage of his life with his wife, Sandy, ily, peers, and community. and Hurricane Gustav left in their wake. I urge and with his loving children and grandchildren.

VerDate Aug 31 2005 06:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A17SE8.004 E17SEPT1 jbell on PROD1PC69 with REMARKS September 17, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1817 TRIBUTE TO MAJOR GENERAL of service and sacrifice, a lifetime of duty be- He will be dearly missed by his wife, Chris- WALTER WOJDAKOWSKI fore self. Maj. Gen. Wojdakowski has worn his tine, his children John III and his wife Kath- nation’s uniform with honor, dignity and pride leen, Frank and his wife Josephine, Stephen HON. LYNN A. WESTMORELAND since the day he graduated from West Point. and his wife Debra, and Christine Egan and OF GEORGIA On behalf of the U.S. House of Representa- her husband Christopher, his 10 grandchildren IN THE HOUSE OF REPRESENTATIVES tives, I want to thank the general and his wife and one great-grandson, and his sister Cath- Candy for everything they have given us. I erine Miller and her husband Charles. Wednesday, September 17, 2008 congratulate them on their many accomplish- Although John passed away, his spirit will Mr. WESTMORELAND. Madam Speaker, I ments and wish them years of happiness as always be with us. John will forever be re- rise today to pay tribute to a great American they retire to beautiful Harris County in Geor- membered for the love he shared with his soldier who has dedicated his life to our coun- gia’s 3rd Congressional District. family and friends, and for the music that is try. Maj. Gen. Walter Wojdakowski will retire f made with the grand instruments that John from the U.S. Army Jan. 1 after more than spent his life constructing and maintaining. three decades of service, capping his career POSTHUMOUS TRIBUTE TO JOHN The job of a United States Congressman in- as the commanding general at Fort Benning in S. PERAGALLO volves much that is rewarding, yet nothing Columbus, Ga. compares to learning about and recognizing A native of Colorado, Wojdakowski found a HON. BILL PASCRELL, JR. individuals like John S. Peragallo. welcoming home in Georgia. In this way he is OF NEW JERSEY Madam Speaker, I ask that you join our col- leagues, John’s family and friends, all those no different than thousands of soldiers who’ve IN THE HOUSE OF REPRESENTATIVES come before him. The people of west Georgia who have been touched by the sacred music Wednesday, September 17, 2008 are deeply proud of Fort Benning; they hold that he helped to create, and me in recog- the soldiers in high esteem and treat them like Mr. PASCRELL. Madam Speaker, I would nizing the contributions of John S. Peragallo. part of the family. like to call to your attention the life of an out- f Wojdakowski felt that family feeling strongly standing individual, John S. Peragallo, who HONORING CHRISTOPHER MORROW in 1976 when he was first stationed at Fort passed away on September 12, 2008 at the Benning. On one fateful July night that year, a age of 76. He will be remembered for his life young Columbus woman named Candy Coo- long dedication to his family, friends, and his HON. SAM GRAVES OF MISSOURI per caught his eye at the officers’ club. It family business. IN THE HOUSE OF REPRESENTATIVES wasn’t long before they were off on their first It is only fitting that he be honored in this, date at a local Shoney’s Big Boy and a year the permanent record of the greatest democ- Wednesday, September 17, 2008 later Candy Cooper would become Candy racy ever known, for he brought joy and Mr. GRAVES. Madam Speaker, I proudly Wojdakowski. The soldier’s lifelong love would peace, through his craft, to many others pause to recognize Christopher Morrow of become his lifelong partner in service to their throughout his lifetime. Blue Springs, Missouri. Christopher is a very nation and to fellow military families. John was born in New York, but was a life- special young man who has exemplified the As a military family, the Wojdakowskis have long resident of Paterson, NJ. He graduated finest qualities of citizenship and leadership by moved their family to points across the nation from Eastside High School in 1949 and went taking an active part in the Boy Scouts of and across the globe—from Georgia to Alaska on to take several classes at Newark College America, Troop 1138, and earning the most to Germany and Kuwait. The Wojdakowskis’ of Engineering. He served our country in the prestigious award of Eagle Scout. road, however, often pointed back toward United States Army during the Korean Conflict Christopher has been very active with his Georgia. In 1993, then a colonel, Wojdakowski and was a chaplain’s assistant and a member troop, participating in many scout activities. assumed command of the 11th Regiment at of the honor guard. Over the many years Christopher has been in- Fort Benning. He returned in 1996 as a briga- Since John’s childhood, he helped his father volved with scouting, he has not only earned dier general. in the family business of building and servicing numerous merit badges, but also the respect Wojdakowski’s final tour of duty at Benning pipe organs. The Peragallo Pipe Organ Com- of his family, peers, and community. began in 2005 when the major general took pany was founded by his father, John Madam Speaker, I proudly ask you to join charge of the entire base. Wojdakowski’s Peragallo, Sr., in 1918, after learning the craft me in commending Christopher Morrow for his crowning achievement in the military would as an apprentice with the famous E.M. Skin- accomplishments with the Boy Scouts of come at the same base where his own family ner Organ Company. John Jr. joined the com- America and for his efforts put forth in achiev- began, Fort Benning, GA. There, at the pany in 1949 and made the business stronger ing the highest distinction of Eagle Scout. world’s largest infantry training center, with a close father-son relationship. John f Wojdakowski kept the focus on training our Peragallo, Jr. was President of the company. IN SUPPORT OF THE 37TH RYDER nation’s warriors and supporting the War on He was responsible for the construction and CUP AT VALHALLA Terror. At the same time, his leadership pre- care of many of the pipe organs throughout pared Benning for a massive expansion that New Jersey, and for the complete renovation will greatly transform the base. of the organs at St. Patrick’s Cathedral in New HON. JOHN A. YARMUTH OF KENTUCKY While it was the general alone who wore the York City. John Jr.’s sons, John III and Frank, IN THE HOUSE OF REPRESENTATIVES uniform that got a little heavier every year with have been actively involved in the business military hardware, Wojdakowski’s career was since the 1980’s and now a fourth generation Wednesday, September 17, 2008 anything but a solo mission. It was a family af- of Peragallos, Janine, Anthony, and John IV, Mr. YARMUTH. Madam Speaker, today my fair. Candy volunteered at every port of call. work alongside them. The company has in- hometown of Louisville continues to recover For example, she ran a family support group stalled almost 700 new organs and currently from windstorms that battered our region, at Fort Hood during the first Gulf War. At Fort maintains about 400 along the east coast, in- leaving hundreds of thousands without power. Benning, she worked as a master trainer for cluding those at St. Patrick’s Cathedral. Still, the resilient residents of our community Army Family Team Building and she began a John was a member of the American Guild will rise to host the 37th Ryder Cup at Valhalla leadership seminar. Their son Steven followed of Organists, Northern NJ Chapter, St. John Golf Course, and in turn, the Ryder Cup will in his father’s footsteps. After graduating from Vianney/St. Elizabeth of Hungary Fraternity generate tens of millions of dollars for our Columbus High School in 1998, Steven en- and was active with the Boy Scouts of Amer- local economy over the next five days. tered West Point—where his 6 foot 4 inch fa- ica when his sons were younger. This is the culmination of Dwight Gahm’s vi- ther played on the basketball team under John and his wife Christine met at the St. sion when he commissioned Jack Nicklaus to coach Bobby Knight 30 years before. Steven, Anthony’s Church Carnival in Paterson in design a Louisville golf course. The course now a captain, is currently serving in Iraq as 1955, and he took her to the Plaza Theatre in has twice held the PGA championship and a Troop Commander to the 3rd Armored Cav- Paterson on their first date. Christine was in- today ascends to new heights with the 80- alry Regiment. Their daughter Ami may have doctrinated into the family business on their year-old, biennial summit of sports. Here, Eu- started a family tradition when she got married second date, which was to a church so John rope’s best golfers will compete against Amer- earlier this year in the same Fort Benning could check the organ. They married eleven ica’s greatest, not for personal wealth but for chapel where her parents tied the knot. months after meeting and had a dynamic, the spirit of competition. More than three mil- The American people owe the spontaneous, loving marriage of fifty-two lion dollars will be donated to charity on behalf Wojdakowskis a debt of gratitude for a lifetime years. of the Ryder Cup.

VerDate Aug 31 2005 06:02 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A17SE8.009 E17SEPT1 jbell on PROD1PC69 with REMARKS E1818 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 2008 Among the 12 American players, I proudly Had I been present, I would have voted PERSONAL EXPLANATION welcome home two Kentuckians, Kenny Perry ‘‘yea.’’ and JB Holmes. I know they, along with their HON. AL GREEN other American teammates, will represent our f OF TEXAS country well. SUPPORTING THE SECOND AMEND- IN THE HOUSE OF REPRESENTATIVES I ask my colleagues to join me in honoring MENT RIGHTS OF DISTRICT OF Wednesday, September 17, 2008 the Ryder Cup and the people of Louisville COLUMBIA RESIDENTS who overcome adversity this week to host one Mr. AL GREEN of Texas. Madam Speaker, of the world’s greatest sports traditions. I was unavoidably detained and missed rollcall vote 598 on September 16, 2008. Had I been f HON. DARRELL E. ISSA OF CALIFORNIA present, I would have voted ‘‘nay.’’ TRIBUTE TO LONGTIME WIRE- IN THE HOUSE OF REPRESENTATIVES f GRASS BROADCASTER, HOWARD PARRISH, JR. Wednesday, September 17, 2008 INTRODUCTION OF MANIILAQ Mr. ISSA. Madam Speaker, I am pleased ASSOCIATION ACT HON. that the House of Representatives has voted HON. DON YOUNG OF ALABAMA to hold the District of Columbia accountable OF ALASKA IN THE HOUSE OF REPRESENTATIVES for violating the civil rights of D.C. residents for decades. Making the District adhere to the IN THE HOUSE OF REPRESENTATIVES Wednesday, September 17, 2008 Constitution now is better than waiting 180 Wednesday, September 17, 2008 Mr. EVERETT. Madam Speaker, I rise to days. Once the District comes into compliance Mr. YOUNG of Alaska. Madam Speaker, I pay tribute to longtime Wiregrass broadcaster with the Supreme Court decision, D.C. resi- am pleased to introduce legislation today and servant of his community, Mr. Howard dents will finally be able to defend themselves which will transfer property from the Depart- Parrish, Jr., of Ozark, Alabama, who passed against armed criminals. The District’s anti- ment of Health and Human Services to the away July 28 at the age of 82. gun law created a bastion for crime. Our ac- Maniilaq Association in Kotzebue, Alaska. This At the same time that local radio established tion here today puts D.C. residents first and transfer would occur through the Indian Health itself as a vital link between rural America and criminals second. Service, the current owners of the properties. the world, Parrish became a familiar and trust- Since 1995, Maniilaq Association, a Native ed voice for Ozark, Alabama listeners. f non-profit entity in Kotzebue, Alaska has car- A veteran of the U.S. Army Air Corps, a PERSONAL EXPLANATION ried out a comprehensive health care delivery graduate of Georgia Southern and a native of program to residents in Kotzebue, Alaska and Atlanta, he moved to southeast Alabama in the Northwest Arctic Borough. They have car- 1955, leaving the growing Atlanta radio scene HON. THOMAS H. ALLEN ried out these responsibilities under the Alaska and that city’s first commercial FM station to OF MAINE Tribal Health Compact and Funding Agree- help run the relatively new broadcast station in IN THE HOUSE OF REPRESENTATIVES ment negotiated annually with the Indian Ozark, WOZK, 900 AM. Wednesday, September 17, 2008 Health Service. These agreements give To his many Dale County listeners, Howard Mr. ALLEN. Madam Speaker, on September Maniilaq Association the right to acquire title to was the voice of WOZK. But he was much all federal property that they have utilized to more than a friendly announcer. He was gen- 15, 2008, I was unavoidably absent from the House. provide these health care services. eral manager, sales manager and chief engi- Currently, the Indian Health Service owns If I had been present, I would have voted neer for WOZK and its FM counterpart, the properties that Maniilaq Association uses ‘‘yes’’ on rollcall vote No. 591, a motion by Mr. WOAB, for the better part of 45 years. to carry out its health care delivery services. SCOTT of Virginia to suspend the rules and Parrish likely delivered over 16,000 news- While there is an administrative process in pass H.R. 6889, a bill to extend the authority casts over the Ozark airwaves during his ten- place for them to acquire these properties, the of the Secretary of Education to purchase ure at WOZK and WOAB-FM. Despite his con- process is cumbersome and sometimes may guaranteed student loans for an additional tinual Ozark broadcast duties, he also found take years to accomplish the goal of acquiring year, and for other purposes. time to construct radio station WELB in neigh- these properties. Thus, Maniilaq Association is I ask unanimous consent that this statement boring Elba in 1959 and he served as general asking for legislation to acquire the properties be inserted in the appropriate place in the manager of WDHN-TV 18 in Dothan, Alabama listed in my legislation. RECORD. in the early 1970s, returning the struggling TV Madam Speaker, we are not setting a station to financial stability. He retired from f precedent with this legislation. Congress, in WOZK/WOAB and all local broadcasting in the past, has enacted legislation which trans- 2002. HONORING JESSE ANDERSON fers excess government properties to non- Parrish leaves a long legacy of community profits such as Maniilaq Association. service, both on the air and through vol- My legislation would authorize the Secretary unteerism. Parrish was an active member of HON. SAM GRAVES OF MISSOURI of the Health and Human Services, through the Ozark Rotary and Kiwanis clubs and was the Indian Health Service, to transfer to the IN THE HOUSE OF REPRESENTATIVES a charter member of the local Civitan Club. Maniilaq Association by a warranty deed to a Parrish was one of the Wiregrass’s longest Wednesday, September 17, 2008 number of parcels of land legally described in serving broadcasters and he shared a great Mr. GRAVES. Madam Speaker, I proudly my legislation. love for communications. He was also well pause to recognize Jesse Anderson of Grain I am pleased to introduce this legislation on known in local amateur radio circles for his de- Valley, Missouri. Jesse is a very special young behalf of Maniilaq Association to allow them to votion to the hobby. He was a licensed radio man who has exemplified the finest qualities continue with their health care delivery pro- amateur, W4IEO, for over 65 years. of citizenship and leadership by taking an ac- grams and to provide better services to their I wish to extend my condolences to his wife, tive part in the Boy Scouts of America, Troop patients and residents of the Northwest Arctic Jane, and his children and grandchildren for 1246, and earning the most prestigious award Borough. their loss. Ozark’s long-time ‘‘voice’’ may now of Eagle Scout. f be silent, but he will be long remembered. Jesse has been very active with his troop, PERSONAL EXPLANATION f participating in many scout activities. Over the PERSONAL EXPLANATION many years Jesse has been involved with scouting, he has not only earned numerous HON. JERROLD NADLER OF NEW YORK merit badges, but also the respect of his fam- HON. CANDICE S. MILLER IN THE HOUSE OF REPRESENTATIVES ily, peers, and community. OF MICHIGAN Wednesday, September 17, 2008 IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I proudly ask you to join me in commending Jesse Anderson for his ac- Mr. NADLER. Madam Speaker, due to offi- Wednesday, September 17, 2008 complishments with the Boy Scouts of Amer- cial business in New York related to the anni- Mrs. MILLER of Mighigan. Madam Speaker, ica and for his efforts put forth in achieving the versary of the September 11, 2001 terrorist at- on rollcall No. 598, I was unavoidably delayed. highest distinction of Eagle Scout. tacks, I was unable to travel to Washington,

VerDate Aug 31 2005 06:02 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A17SE8.011 E17SEPT1 jbell on PROD1PC69 with REMARKS September 17, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1819 DC. As a result, I missed votes on September It is my privilege to join this day with my col- contributing so much to the nation’s strength 11, 2008. I ask that the RECORD reflect that leagues in honoring the 2008 National Observ- in civil, commercial, and military aerospace. had I been able to, I would have voted ‘‘aye’’ ance of POW/MIA Recognition Day. Let us As chairman of the Space and Aeronautics on rollcall vote No. 585 approving the Journal; never forget these great Americans and all Subcommittee, I have seen firsthand the grow- ‘‘aye’’ on rollcall vote No. 586 commemorating that they have done for us. ing impact that the commercial space sector is the anniversary of the September 11, 2001 f having, both in enhancing the Nation’s eco- terrorist attacks; ‘‘aye’’ on rollcall vote No. 587 nomic strength and improving the quality of life restoring the Highway Trust Fund balance; HONORING CONNOR BLOSS of all our citizens. Whether it is advancing and ‘‘aye’’ on rollcall vote No. 588 motion to U.S. geospatial applications, maximizing the adjourn. HON. SAM GRAVES benefits to be gained from U.S. space-based f OF MISSOURI positioning, navigation, and timing capabilities, IN THE HOUSE OF REPRESENTATIVES or numerous other endeavors, America’s HONORING NEBRASKA’S WORLD space commerce sector is leading the way, Wednesday, September 17, 2008 WAR II VETERANS and I want to do all I can to see that that con- Mr. GRAVES. Madam Speaker, I proudly tinues to be the case. HON. ADRIAN SMITH pause to recognize Connor Bloss of Blue That is why I believe it is important to fully OF NEBRASKA Springs, Missouri. Connor is a very special examine how the Federal Government can IN THE HOUSE OF REPRESENTATIVES young man who has exemplified the finest best provide additional useful tools to help ex- Wednesday, September 17, 2008 qualities of citizenship and leadership by tak- pand and develop the space commerce sec- ing an active part in the Boy Scouts of Amer- tor. We in Congress should do all we can to Mr. SMITH of Nebraska. Madam Speaker, I ica, Troop 1332, and earning the most pres- address space commerce policy issues and rise today in honor of the men and women tigious award of Eagle Scout. help encourage the growth of the U.S. com- who served our country during World War II, Connor has been very active with his troop, mercial space sector. I look forward to hearing and the national non-profit organization dedi- participating in many scout activities. Over the from all interested stakeholders as we move cated to helping World War II veterans visit many years Connor has been involved with forward to fully examine this proposal. the World War II Memorial here in Washington scouting, he has not only earned numerous f D.C. merit badges, but also the respect of his fam- I have had the honor of meeting with these ily, peers, and community. HONORING THE CONTRIBUTIONS veterans—in Nebraska and at the memorial Madam Speaker, I proudly ask you to join OF THE DEDICATED VOLUN- built to thank them for their strength, bravery, me in commending Connor Bloss for his ac- TEERS OF THE BOY SCOUTS OF and sacrifices. complishments with the Boy Scouts of Amer- WESTERN NORTH CAROLINA It has been over 60 years since World War ica and for his efforts put forth in achieving the II ended with the surrender of the Japanese, highest distinction of Eagle Scout. bringing to the close a war in which 16 million HON. HEATH SHULER American men and women served. f OF NORTH CAROLINA Less than five million are still with us. INTRODUCTION OF THE SPACE IN THE HOUSE OF REPRESENTATIVES This week, nearly 250 Nebraska World War COMMERCE ACT OF 2008 Wednesday, September 17, 2008 II vets visited D.C. They came from Omaha, Mr. SHULER. Madam Speaker, I rise today Scottsbluff, and towns in between. They came to honor the 2,000 committed and dedicated from small towns like Thedford and Nebras- HON. MARK UDALL OF COLORADO volunteers who advise, educate and inspire ka’s capital city, Lincoln. over 4,000 Boy Scouts in Western North Caro- I know their visit to Washington was a trip IN THE HOUSE OF REPRESENTATIVES lina. of a lifetime for each and every one of them, Wednesday, September 17, 2008 The Boy Scouts of America was incor- and I know I speak for all of us when I thank Mr. UDALL of Colorado. Madam Speaker, I porated on February 8, 1910, chartered by them for their service to our country. rise today to introduce the ‘‘Space Commerce Congress in 1916, and organized in Western I also want to thank the Heartland Honor Act of 2008.’’ This legislation would modify the North Carolina as the Daniel Boone Council Flight for their efforts to make this trip a re- Technology Administration Act of 1998 and since 1920. The Boy Scouts of America ality. During the past four years, honor flights provide for the establishment of an Office of strives to develop good traits of character in have transported more than 5,000 veterans to Space Commerce in the Department of Com- young people and to instill in them values of our nation’s capital. merce. As chairman of the Space and Aero- good citizenship. The Boy Scouts program is I’m proud to live in a country which honors nautics Subcommittee with jurisdiction over available to all youth regardless of race, reli- our heroes. commercial space activities, I am introducing gion, or socioeconomic level. f this bill as a courtesy to the Department, The Daniel Boone Council of Western North 2008 POW/MIA RECOGNITION DAY which requested it. Carolina serves 4,088 youth in 14 counties While I think the legislation that I am intro- through 173 Cub Scout Packs, Boy Scout HON. ducing today requires review and potentially Troops, Venturing Crews, Sea Scout Ships, modification before it is ready to come back to OF ILLINOIS and Explorer Posts. this floor for further consideration, I believe The youth are supported by 2,000 dedicated IN THE HOUSE OF REPRESENTATIVES that introducing the Department’s proposed volunteer leaders who recruit, raise funds, Wednesday, September 17, 2008 legislation will help us move forward in seek- serve on the executive board and committees, Mr. SHIMKUS. Madam Speaker, I rise today ing the best ways to encourage the vitality of and educate and inspire the youth of the pro- to honor the 2008 National Observance of this growing industry. This bill will help stimu- gram. The Scouting volunteers report that their POW/MIA Recognition Day. late discussion on what is the best approach involvement with the Boy Scouts has raised In each conflict since the Revolution, brave to enhancing the development and competitive their environmental awareness, aided them in Americans have found themselves prisoners posture of America’s commercial space sector. ethical and moral decision-making, and helped of the enemy. Far from home and country, cut That discussion will help Congress craft the them become better parents and citizens. The off from news of loved ones for months or best path forward in addressing this important benefits to the volunteers, however, are slight even years, sometimes subjected to physical topic. in comparison to the life altering experiences and mental abuse, these Americans held out I feel quite passionate about the important that their work provides to the Scouts. the hope that they would one day see home role that the commercial space sector plays— The Boy Scouts of America has designated again. Through the horrors of Andersonville and will continue to play in the coming years— 2008 as the ‘‘Year of the Volunteer’’ to honor and the Bataan Death March, American pris- in ensuring the sustained vitality of the U.S. the volunteers who serve across the Nation. In oners of war have endured the cruelest of hu- economy and its competitiveness in world Western North Carolina, the Daniel Boone manity. Some did not survive to have their markets. My home State of Colorado is home Council has set apart September 13 as their much awaited reunion with loved ones. All to some of the Nation’s leading commercial special day to honor their volunteers through have earned our Nation’s abiding respect and space companies and is serving as an incu- a Volunteer Recognition Banquet. It is my admiration for the sacrifices they made for our bator for more every year. I am proud of that hope, however, that we continue to honor the Nation. fact, and I am proud of the companies that are tremendous contributions of the Daniel Boone

VerDate Aug 31 2005 06:02 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A17SE8.018 E17SEPT1 jbell on PROD1PC69 with REMARKS E1820 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 2008 Council’s 2000 volunteers throughout 2008 ica, Troop 1332, and earning the most pres- policy decision, but instead a drafting error and for years and decades to come. tigious award of Eagle Scout. that has meant that some tribes have been left It is with great respect and gratitude that I Joseph has been very active with his troop, without the Federal resources they need to commend these dedicated and committed vol- participating in many scout activities. Over the support services for these priceless children. unteers. I am honored to be able to stand with many years Joseph has been involved with My bill would provide parity to Native Amer- the Daniel Boone Council in recognizing their scouting, he has not only earned numerous ican children living on tribal land by allowing hard work and service. merit badges, but also the respect of his fam- Indian tribes to have the same direct access f ily, peers, and community. to Federal funding for foster care and adoption Madam Speaker, I proudly ask you to join services that States currently receive via Title CONGRATULATING CARLOS BOOZ- me in commending Joseph Moore for his ac- IV–E. This legislation improves the Native ER, COREY COGDELL, AND MATT complishments with the Boy Scouts of Amer- American child welfare system by requiring EMMONS ON THEIR OUT- ica and for his efforts put forth in achieving the tribal adoption and foster care programs to STANDING ACHIEVEMENTS IN highest distinction of Eagle Scout. meet the same requirements that are required THE 2008 SUMMER OLYMPIC f of States to ensure the safety of children GAMES placed in tribal foster care programs, while en- WELCOMING THE 37TH RYDER CUP trusting the establishment and maintenance of HON. DON YOUNG TO KENTUCKY these programs to tribes. OF ALASKA The critical importance of this legislation IN THE HOUSE OF REPRESENTATIVES HON. RON LEWIS was driven home to me when I met recently with the Mitzel family from West Fargo, ND. Wednesday, September 17, 2008 OF KENTUCKY IN THE HOUSE OF REPRESENTATIVES They have served as foster parents for 13 Mr. YOUNG of Alaska. Madam Speaker, I children throughout the years and are now rise today to honor Carlos Boozer, Corey Wednesday, September 17, 2008 adopted parents for a sibling group of five pre- Cogdell, and Matt Emmons, three Alaskans Mr. LEWIS of Kentucky. Madam Speaker, I cious Native American children who were who recently returned from competing in the rise today to welcome athletes, fans, and scattered from one another in the foster care 2008 Summer Olympic Games in Beijing. sponsors of the PGA Tour to the City of Louis- system. For their persistent efforts to reunite These three Alaskans, joined by their fellow ville for the 37th Ryder Cup. The competition this sibling group, I nominated the Mitzels this athletes from across the country, traveled to will take place at the Valhalla Golf Club Sep- year for the Congressional Coalition on Adop- Beijing, and represented the United States in tember 16–21, 2008. tion’s Angels in Adoption Award. an extraordinary manner. The U.S. Olympic The Ryder Cup matches the 12 best Amer- I am deeply grateful for the commitment of team distinguished the United States from ican golf professionals against the best 12 tribal leaders to make certain that these chil- other nations by winning 110 medals, the most from Europe. The competition will be seen by dren were united and raised as a family even of any country. Carlos Boozer, Corey Cogdell, hundreds of millions of golf enthusiasts though in this particular case it means that and Matt Emmons each won medals, and throughout the world. these children will be raised off of the reserva- boldly represented the United States in their In the spirit of Olympians, athlete participa- tion. Meeting these children powerfully drove specific competitions. tion is grounded in the prestige of representing home to me just how important it is that all of I truly believe that the importance of the their country rather than prize money. I would our children, including American Indian chil- contributions of these three talented Alaskan like to make special note of two fellow Ken- dren receiving services from a tribe, have the athletes to our country cannot be overstated, tuckians, Kenny Perry and J.B. Holmes, join- same level of support. which is why it is important that we honor their ing the American team. Their competitive spirit This compromise bill with the Senate puts great accomplishments. For this reason I am and good sportsmanship will make our state tribal adoption and foster care one step closer introducing the following resolution to honor and country proud. to being on equal footing with States and these three athletes for their accomplishments I applaud the PGA of America, the PGA gives tribes the ability to provide their children and representation of our country. Tour, and First Tee for the charitable contribu- with the culturally appropriate care they de- f tions they will generate through this event. serve. I am hopeful that this bipartisan legisla- The Ryder Cup will directly raise over tion will quickly pass the Senate and be PERSONAL EXPLANATION $780,000 in funds for charity. An additional signed into law. $2.6 million will be donated on behalf of the I urge my colleagues to support the Fos- HON. TED POE U.S. Ryder Cup captain and team. tering Connections to Success and Increasing Adoptions Act to ensure that all children in OF TEXAS It is my great privilege to recognize the ath- foster care get the services, education and IN THE HOUSE OF REPRESENTATIVES letes, sponsors, and hosts of the 37th Ryder Cup for their collective contributions to charity healthcare that they need. Wednesday, September 17, 2008 and international goodwill through this special f Mr. POE. Madam Speaker, due to prepara- event. RECOGNIZING THE YORK COUNTY tions for and recovery from Hurricane Ike, f ECONOMIC DEVELOPMENT COR- which impacted my district, I unfortunately FOSTERING CONNECTIONS TO SUC- PORATION FOR 50 YEARS OF missed the following votes on the House floor COMMUNITY SERVICE on Thursday, September 11th and Monday, CESS AND INCREASING ADOP- TIONS ACT September 15th. HON. I ask that the RECORD reflect that had I OF PENNSYLVANIA been able to vote that day, I would have voted HON. EARL POMEROY IN THE HOUSE OF REPRESENTATIVES ‘‘yes’’ on rollcall Nos. 586, 587, 589, 590, and OF NORTH DAKOTA Wednesday, September 17, 2008 591. IN THE HOUSE OF REPRESENTATIVES f Wednesday, September 17, 2008 Mr. PLATTS. Madam Speaker, I rise to commend the York County Economic Devel- HONORING JOSEPH MOORE Mr. POMEROY. Madam Speaker, I rise opment Corporation, YCEDC, for providing today in support of the Fostering Connections economic development leadership to the York HON. SAM GRAVES to Success and Increasing Adoptions Act, im- community for 50 years. OF MISSOURI portant legislation that improves and strength- YCEDC was established in 1958 to attract IN THE HOUSE OF REPRESENTATIVES ens the Federal programs that assist foster new industry, promote industrial development, care and adoption assistance programs. and create new jobs. Since its inception, Wednesday, September 17, 2008 Under current law, States are reimbursed by YCEDC has facilitated funding in excess of Mr. GRAVES. Madam Speaker, I proudly the Federal Government for eligible foster care $73 million toward an estimated 150 economic pause to recognize Joseph Moore of Blue or adoption assistance programs through Title development projects, creating and retaining Springs, Missouri. Connor is a very special IV–E of the Social Security Act. Unfortunately, more than 10,200 jobs throughout York Coun- young man who has exemplified the finest these very same services are not directly re- ty. qualities of citizenship and leadership by tak- imbursed when provided by an American In- YCEDC has facilitated effective community ing an active part in the Boy Scouts of Amer- dian tribe. This was not a deliberate adoption and business partnerships and has evolved its

VerDate Aug 31 2005 06:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A17SE8.022 E17SEPT1 jbell on PROD1PC69 with REMARKS September 17, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1821 leadership role in economic development to Sinto Senior Activity Center on its 50th anni- Course, Command and General Staff College, advance a positive vision for York County’s versary. and the Industrial College of the Armed economic future. York County will continue to f Forces. He received a bachelor’s degree in experience the positive effects of the organiza- History from the University of Illinois, a Master tion’s commitment for years to come. TRIBUTE TO COLONEL EMORY of Arts degree in National Strategy and Policy Madam Speaker, the observance of the ‘‘RAY’’ HELTON from the Naval War College and a Master of 50th anniversary of YCEDC provides a special Science degree in National Resource Strategy time to express our appreciation and gratitude HON. ROBIN HAYES from the Industrial College of the Armed to its employees, board members, and mem- OF NORTH CAROLINA Forces. bers for their work and dedication to York IN THE HOUSE OF REPRESENTATIVES On behalf of Congress and the United County’s continued economic well-being and Wednesday, September 17, 2008 States of America, I express our appreciation quality of life. Therefore, it is with heartfelt of Colonel Helton for his tireless service and wishes that I congratulate YCEDC for their Mr. HAYES. Madam Speaker, I rise today to support of the warfighter. His professionalism, continued success. recognize and pay tribute to Colonel Ray expertise, and efforts showcase his patriotism, Helton, United States Army, on the occasion f and his dedication to his Special Operators in of his retirement from active duty. Colonel the field. Though the following phrase is often HONORING ALEXANDER WILLIAMS Helton has served our great Nation for more used, I can say without reservation that it is than 30 years as a truly exceptional officer rarely as appropriate as it is in this case: Colo- HON. SAM GRAVES and I am extremely proud to call him my nel Ray Helton is truly a great American. friend. OF MISSOURI I want to personally thank Colonel Ray Over the past several years, as Co-Chair of IN THE HOUSE OF REPRESENTATIVES Helton, his wife Colonel Jane Helton, USA, the House Special Operations Forces Caucus, Wednesday, September 17, 2008 and his entire family for their commitment, I have had the honor of working with Colonel sacrifice, and the contributions they have all Mr. GRAVES. Madam Speaker, I proudly Helton during his tenure as the Director of made throughout his honorable and distin- pause to recognize Alexander Williams of Legislative Affairs for United States Special guished military service. I congratulate Ray on Kansas City, Missouri. Alexander is a very Operations Command (USSOCOM). Soldier, completing an exceptional and extremely suc- special young man who has exemplified the leader, scholar, statesman, gentleman——Ray cessful military career and am humbled by his finest qualities of citizenship and leadership by truly personifies what a warrior should be and dedicated service to our nation. I wish Colonel taking an active part in the Boy Scouts of he has been an outstanding ambassador for Helton and his family many blessings and America, Troop 1314, and earning the most Special Operations. much success as he begins his future endeav- prestigious award of Eagle Scout. Colonel Helton’s dedication to his work on ors and embarks on new adventures. behalf of the warfighter has been unwavering. Alexander has been very active with his f troop, participating in many scout activities. There is no doubt that Ray has been instru- Over the many years Alexander has been in- mental in educating the House Armed Serv- PERSONAL EXPLANATION volved with scouting, he has not only earned ices Committee, other defense-related Com- numerous merit badges, but also the respect mittees, and Members of Congress on a vari- HON. J. GRESHAM BARRETT ety of issues critical to our Special Operators of his family, peers, and community. OF SOUTH CAROLINA and their missions. His tireless efforts working Madam Speaker, I proudly ask you to join IN THE HOUSE OF REPRESENTATIVES me in commending Alexander Williams for his with Members of Congress and the military accomplishments with the Boy Scouts of perspective he brings to the table have un- Wednesday, September 17, 2008 America and for his efforts put forth in achiev- doubtedly resulted in a better understanding of Mr. BARRETT of South Carolina. Madam ing the highest distinction of Eagle Scout. the Special Operations community and its Speaker, due to my attendance at events in f unique missions, requirements, and needs. He my district and state discussing legislation that has been a tireless advocate for all of his fel- will help move our country toward energy 50TH ANNIVERSARY OF THE SINTO low Special Operators. Though much of it has independence, I unfortunately missed some SENIOR ACTIVITY CENTER been behind the scenes, there is no doubt that recorded votes on the House floor on Tues- his work has furthered our nation’s goals in day, September 16, 2008. HON. CATHY McMORRIS RODGERS the continued Global War on Terror and saved Had I been present, I would have voted OF WASHINGTON lives in the field. ‘‘no’’ on rollcall vote No. 592 (Motion to ad- IN THE HOUSE OF REPRESENTATIVES Colonel Helton graduated as a Distin- journ), ‘‘no’’ on rollcall vote No. 593 (question guished Military Graduate from the University Wednesday, September 17, 2008 of consideration on H. Res. 1433), and ‘‘no’’ of Illinois Army ROTC and began serving as on rollcall vote No. 594 (Motion to adjourn). Mrs. MCMORRIS RODGERS. Madam an Infantry Officer in January 1981. His Infan- f Speaker, I rise today to recognize and honor try assignments include leading two platoons the 50th anniversary of the Sinto Senior Activ- in the 3d Infantry Division and commanding HONORING THE LIFE OF JOHN F. ity Center in Spokane, Washington. Early in two companies in the 101st Airborne Division. SEIBERLING the 1950’s a group of enthusiastic senior citi- He was transferred to the Special Forces zens and community leaders began building a Branch in 1988 and served as a Detachment HON. DENNIS J. KUCINICH dream, a dream that has grown into an inte- Commander, Battalion Personnel Officer and OF OHIO gral part of the Spokane community serving Battalion Operations Officer in the 10th Spe- IN THE HOUSE OF REPRESENTATIVES over 600 members. cial Forces Group. He served as a Company The Sinto Senior Activity Center offers a va- Commander, Battalion Executive Officer and Wednesday, September 17, 2008 riety of activities for members which include Battalion Commander in the 3rd Special Mr. KUCINICH. Madam Speaker, I wish to ballroom dancing, pool, crafts, educational op- Forces Group. He has conducted training and honor the life and legacy of Congressman Sei- portunities, lunches, social clubs, entertain- operations with Soldiers on five continents. berling, an eight-term Congressman from ment, square dancing, music, speakers, holi- Colonel Helton also served as the Chief of As- Akron, Ohio. John Seiberling won Ohio’s 14th day events, pinochle, cribbage, exercise and signments of the Combat Arms Division in Congressional District in 1970. He ran for aerobic classes, round dancing, clogging, United States Personnel Command, as a Stra- Congress because of his strong opposition to community service projects, short trips and tegic Planner and Writer on the Joint Staff and the Vietnam War and a belief that the system tours, and many, many more. as the Garrison Commander of Fort Drum, could be made to work in favor of a more liv- Madam Speaker, the Sinto Senior Activity New York. Colonel Helton’s military education able world, a peaceful world. His desire for Center has been a staple of the Spokane includes the Infantry Officer Basic Course, Air- peace was his primary reason for running. community for over 50 years and through its borne School, Combat Divers Course, Air As- In a speech at the University of Akron on leadership and steadfast commitment has pro- sault School, Ranger School, Special Forces May 6, 1970, just two days after the tragic vided senior citizens of the Spokane area a Qualification School, Infantry Officer Advanced shootings at Kent State University John Sei- safe and comfortable place to engage in social Course, Survival Escape Resistance and Eva- berling said that ‘‘the system can be made to activities. It is an honor and privilege to invite sion Course, Combined Arms Services Staff work . . . 25 years ago I never thought that my colleagues to join me in congratulating the School, Joint Psychological Operations a peace candidate would win a congressional

VerDate Aug 31 2005 06:02 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A17SE8.027 E17SEPT1 jbell on PROD1PC69 with REMARKS E1822 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 2008 election in this district, even a primary elec- I been present, I would have voted as indi- SUPPORTING TAIWANESE MEM- tion, in which the principal issue is the cause cated for each rollcall listed. BERSHIP IN UNITED NATIONS of peace.’’ He went on to speak about the im- Rollcall vote 589: ‘‘yea’’; rollcall vote 590: SPECIALIZED AGENCIES portance of Gandhi’s accomplishments in ‘‘yea’’; rollcall vote 591: ‘‘yea’’; rollcall vote India; how Gandhi used non-cooperation to 592: ‘‘nay’’; rollcall vote 593: ‘‘nay’’; rollcall bring his cause to the attention of the world HON. ELIOT L. ENGEL vote 594: ‘‘nay’’; rollcall vote 595: ‘‘nay’’; roll- and non-violence to win the hearts of his en- OF NEW YORK call vote 596: ‘‘nay’’; rollcall vote 597: ‘‘nay’’; emies. IN THE HOUSE OF REPRESENTATIVES rollcall vote 598: ‘‘yea’’; rollcall vote 599: During his time in Congress he had many Wednesday, September 17, 2008 major accomplishments. Among them was the ‘‘nay’’; rollcall vote 600: ‘‘yea’’; and rollcall vote creation of Ohio’s first national park, the Cuya- 601: ‘‘yea.’’ Mr. ENGEL. Madam Speaker, On August hoga Valley National Park and his coauthor- 14, 2008, seventeen of the Republic of Chi- ship of the War Powers Act. He was elected f na’s diplomatic allies once again submitted a to and served as Chairman of the Members of proposal to the United Nations General As- IN RECOGNITION OF THE RETIRE- Congress for Peace Through Law Caucus. It sembly supporting Taiwan’s request ‘‘ to ex- MENT OF COLONEL MICHAEL is reported that he opened his office to Viet- amine the fundamental rights of the 23 million SHUPP, UNITED STATES MARINE nam veterans protesting against the war by al- people of the Republic of China (Taiwan) to CORPS lowing them to sleep there. participate meaningfully in the activities of the He was committed to a world that resolved United Nations specialized agencies.’’ The conflict through peaceful means. And as such, 63rd session of the U.N. General Assembly throughout his 16 years in the House he HON. JEFF MILLER opened yesterday, September 16, and, there- prioritized disarmament. When he announced OF FLORIDA fore, my comments today are especially rel- his retirement in 1986 he reportedly told the evant. IN THE HOUSE OF REPRESENTATIVES Plain Dealer newspaper that it was the job of I strongly support Taiwan’s request because Congress to ‘‘maintain a livable world, free of Wednesday, September 17, 2008 I believe there is a compelling need for the nuclear disaster, a world that we have not pol- country to add its expertise, wealth, and dyna- luted to the point where we can’t breathe and Mr. MILLER of Florida. Madam Speaker, I mism to the U.N. specialized agencies. For where we preserve some natural beauty so rise to honor the service of Colonel Michael example, Taiwan has been campaigning for that we can have the solace and the experi- Shupp, United States Marine Corps, who is re- participation in the World Health Organization ence of being out in God’s world.’’ Following tiring after 27 years of dedicated service to (WHO) for years, but has been unable to ac- his retirement he dedicated himself to teaching this Nation. I came to know Colonel Shupp cess or communicate with WHO regarding law at the University of Akron and for a num- well as we travelled together on various Con- global disease prevention. Membership in the ber of years was the head of the university’s gressional delegations. As a consummate pro- WHO should not be a political matter. Disease Center for Peace Studies. fessional, he did an outstanding job rep- and illness know no boundaries, and we must Since his passing on August 2, 2008 he has resenting the United States Marine Corps. not let political disputes stand in the way of utilizing all tools available to improve basic been sorely missed and will be missed well Colonel Shupp graduated from the Virginia health care and fight pestilence. This effort to into the future. Military Institute in 1981. In 1985, he reported fight disease takes global solidarity, not isola- f to the U.S. Naval Academy and was recog- tion campaigns. HONORING JACOB FUENFHAUSEN nized by President Bush and others for his outstanding performance. Fortunately, Taiwan is ready, willing, and able to contribute to the international commu- HON. SAM GRAVES In 1990, as a company commander, he de- nity. Moreover, Taiwan’s international partici- OF MISSOURI ployed to Saudi Arabia for Operations Desert pation might encourage the cross-strait dia- IN THE HOUSE OF REPRESENTATIVES Shield and Desert Storm where his unit served logue and contribute to the easing of tensions with distinction. He also deployed twice to Wednesday, September 17, 2008 between Taiwan and the PRC. Bosnia-Herzegovina in the late–1990s. Since I hope that the PRC will show good will and Mr. GRAVES. Madam Speaker, I proudly 2001, I have had the pleasure and honor to allow Taiwan to participate meaningfully in the pause to recognize Jacob Fuenfhausen of Lib- come to know Michael well during his assign- U.N. specialized agencies. I believe this will erty, Missouri. Jacob is a very special young ment as the Marine Corps’ Liaison to the U.S. be a step toward peace and cooperation in the man who has exemplified the finest qualities House of Representatives. Asia-Pacific region and greater vitality in pro- of citizenship and leadership by taking an ac- Colonel Shupp assumed command of Regi- moting the missions of the UN specialized tive part in the Boy Scouts of America, Troop agencies. 1320, and earning the most prestigious award mental Combat Team—1 (RCT–1) on 15 Sep- tember 2004 at Camp Fallujah, Iraq while de- of Eagle Scout. f Jacob has been very active with his troop, ployed on Operation Iraqi Freedom II. There participating in many scout activities. Over the he led the Regiment through counter-insur- PERSONAL EXPLANATION many years Jacob has been involved with gency operations, the Battle of Fallujah (Oper- scouting, he has not only earned numerous ation Al Fajr), humanitarian assistance efforts merit badges, but also the respect of his fam- and the reconstruction of Fallujah, and the first HON. TIMOTHY WALBERG ily, peers, and community. free Iraqi national election in January 2005. In OF MICHIGAN Madam Speaker, I proudly ask you to join early 2008, he became Legislative Assistant IN THE HOUSE OF REPRESENTATIVES for the Chairman of the Joint Chiefs of Staff. me in commending Jacob Fuenfhausen for his Wednesday, September 17, 2008 accomplishments with the Boy Scouts of His personal decorations are numerous and America and for his efforts put forth in achiev- include the Legion of Merit with Combat Mr. WALBERG. Madam Speaker, on the fol- ing the highest distinction of Eagle Scout. ‘‘Valor’’ Distinguishing Device and gold star in lowing rollcall votes I am not recorded due to f lieu of second award, the Bronze Star with a death in the family. Had I been present I Combat ‘‘Valor’’ Distinguishing Device, and the would have voted the following way: rollcall PERSONAL EXPLANATION No. 589, I would have voted ‘‘aye;’’ rollcall No. Combat Action Ribbon with gold star in lieu of 590, I would have voted ‘‘aye;’’ rollcall No. second award. HON. RANDY NEUGEBAUER 591, I would have voted ‘‘aye;’’ rollcall No. OF TEXAS Madam Speaker, few can match the dedica- 592, I would have voted ‘‘nay;’’ rollcall No. tion and professionalism of Colonel Michael IN THE HOUSE OF REPRESENTATIVES 593, I would have voted ‘‘nay;’’ rollcall No. Shupp. He epitomizes the values and tradi- 594, I would have voted ‘‘nay;’’ rollcall No. Wednesday, September 17, 2008 tions of the United States Marine Corps. On 595, I would have voted ‘‘nay;’’ rollcall No. Mr. NEUGEBAUER. Madam Speaker, due behalf of the U.S. Congress, I would thank 596, I would have voted ‘‘nay;’’ rollcall No. to a family emergency I was absent for the fol- him for his years of dedicated service. Vicki 597, I would have voted ‘‘nay;’’ rollcall No. lowing rollcall votes held on September 15, and I wish him and his family best wishes for 598, I would have voted ‘‘aye;’’ rollcall No. September 16 and September 17, 2008. Had continued success. 599, I would have voted ‘‘nay.’’

VerDate Aug 31 2005 06:17 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A17SE8.031 E17SEPT1 jbell on PROD1PC69 with REMARKS September 17, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1823 REGARDING PASSAGE OF H.R. 6842 REINTRODUCTION OF THE ‘‘SAKS’’ Crawford from Pontiac, Michigan. Laval was BILL ambushed at his home and one of the men HON. KENNY C. HULSHOF charged allegedly was in possession of a con- OF MISSOURI HON. CAROLYN B. MALONEY cealed weapon, an AK–47 rifle to be exact. The killing was the 19th homicide this year IN THE HOUSE OF REPRESENTATIVES OF NEW YORK IN THE HOUSE OF REPRESENTATIVES in Pontiac, which has experienced a rash of Wednesday, September 17, 2008 recent violent incidents, including shootings in Wednesday, September 17, 2008 Mr. HULSHOF. Madam Speaker, today the recent weeks, according to news reports. I United States House of Representatives took Mrs. MALONEY of New York. Madam look forward to a day when the news is filled a large and much anticipated step towards Speaker, the U.S. Justice Department esti- with good news; news that peace has in- protecting every American’s 2nd Amendment mates that 8 percent of all rapes occur on the creased on our streets—not another death. right by passing H.R. 6842, The National Cap- job. Yet, many of these victims are told their Americans of conscious must come together ital Security and Safety Act. The amendment only remedy is workers’ compensation. When to stop the senseless death of ‘‘The Daily 45.’’ to this legislation, authored by Representative rape occurs on the job, employers should not When will Americans say ‘enough is enough, Childers, is a much needed improvement to be able to hide behind a system designed to stop the killing!’ the underlying bill and will help the District of compensate for job-related accidents. The bill f Columbia to fully comply with the United that I am introducing today sends a clear mes- sage: Rape is not all in a days work. IN HEARTFELT AND GRATEFUL States Supreme Court’s decision in D.C. vs. MEMORY OF DR. ELLEN WOLFE Heller. Workers’ compensation systems were cre- Today is truly a great day for every Amer- ated by States to provide a means of redress ican as Congress has mandated that the strin- for work-related personal injuries which occur HON. JACKIE SPEIER gent restrictions placed on citizens of the Dis- during the course of employment. Workers’ OF CALIFORNIA trict of Columbia and their ability to possess compensation is an exclusive remedy. In the IN THE HOUSE OF REPRESENTATIVES firearms has been replaced with a law that is event that an injury is covered by workers’ Wednesday, September 17, 2008 in line with what our founding fathers originally compensation, no other legal action may be Ms. SPEIER. Madam Speaker, if the world intended. It is my hope that other cities and taken by the injured employee. This bill gives has seemed a bit grayer in recent weeks, it is municipalities with similar, restrictive gun own- victims of workplace violence across the Na- no doubt due to the passing of one of its ership laws will now change those laws to tion a remedy outside the workers’ compensa- brightest lights. Ellen L Wolfe, the highly re- come in line with our Constitution. tion system. It does this by creating a Federal civil rights cause of action, under certain con- spected and much-loved registered nurse and f ditions, for employees who have been the vic- Doctor of Public Health, left us on August 4. tims of gender-motivated violence at work. As director of Children’s Medical Services HONORING THE GARDEN CITY for the City and County of San Francisco and SCHOOL BLUE RIBBON AWARD We need to create an American workplace safe from violent crime. This bill will encour- throughout her career, Ellen dedicated her life age employers to create a job environment to the care and well being of underserved chil- HON. CAROLYN McCARTHY free of violent sexual assault and rape. dren and their families. Dr. Wolfe was a pio- OF NEW YORK neer in the field of children’s health and a pas- f IN THE HOUSE OF REPRESENTATIVES sionate advocate for abused children. She HONORING JONATHAN MCCOLE served as director of the Early Parenting Wednesday, September 17, 2008 Project, San Francisco General Hospital’s Mrs. MCCARTHY of New York. Madam HON. SAM GRAVES landmark abuse prevention program, and was Speaker, I rise today to recognize Garden City instrumental in creating the Child Protection OF MISSOURI Middle School for having received the pres- Center at SFGH, serving as the program’s As- IN THE HOUSE OF REPRESENTATIVES tigious Blue Ribbon School Award. The Blue sociate Director for Health Care Services from Ribbon Schools Program recognizes schools Wednesday, September 17, 2008 1989 through 2005. that make significant progress in closing the Mr. GRAVES. Madam Speaker, I proudly Madam Speaker, a measure of anyone’s life achievement gap or whose students achieve pause to recognize Jonathan McCole of Kan- is how fondly they are remembered after their at very high levels. sas City, Missouri. Jonathan is a very special passing. By this yardstick, Ellen surpasses all Garden City Middle School succeeds in pro- young man who has exemplified the finest measurements. Thousands of San Francis- viding an atmosphere where students foster a qualities of citizenship and leadership by tak- cans owe their health, mental well-being and, desire for life long learning and are motivated ing an active part in the Boy Scouts of Amer- in many cases, very lives, to the intellect, in- to reach their highest potential academically, ica, Troop 1419, and earning the most pres- stinct and intervention of this intrepid public creatively, socially, physically and emotionally. tigious award of Eagle Scout. servant. Last year Garden City Middle School ranked Jonathan has been very active with his Ellen came to us by way of Denver, Colo- first in Nassau County in the percentage of troop, participating in many scout activities. rado. She attended the University of Northern students passing the New York State Grade 8 Over the many years Jonathan has been in- Colorado, Greeley on a music scholarship and Math Assessment and second on the New volved with scouting, he has not only earned her love of the violin and classical music only York State Grade 8 English Assessment. Ad- numerous merit badges, but also the respect grew stronger after graduation. Ellen received ditionally, Garden City Middle School students of his family, peers, and community. a Master of Science in Nursing from the Uni- ranked first on the New York State Grade 8 Madam Speaker, I proudly ask you to join versity of California, San Francisco and a English Assessment of students scoring at the me in commending Jonathan McCole for his Master and Doctor of Public Health from UC mastery level. A supplemental aspect of their accomplishments with the Boy Scouts of Berkeley. curriculum is to teach the students social re- America and for his efforts put forth in achiev- Her accomplishments in San Francisco are sponsibility. Last year Garden City Middle ing the highest distinction of Eagle Scout. many and notable, including the development School raised more money for St. Jude’s Chil- f of a Health Passport system for children in dren’s Hospital than any other school in the foster care, creation of a widely-used child nation while also participating in Toys for Tots THE DAILY 45: LAVAL CRAWFORD abuse manual for doctors and nurses, and drives, collecting food for food banks, and col- educating foster parents, health professionals lection campaigns to support the troops in HON. BOBBY L. RUSH and students about child abuse reporting and Iraq. OF ILLINOIS health issues. A tireless advocate, Ellen The future of this country depends on the IN THE HOUSE OF REPRESENTATIVES served on the California Subcommittee on hopes and dreams of its children, and our Medically Fragile Children in Foster Care, the community, and our nation, are enhanced by Wednesday, September 17, 2008 Personnel Advisory Committee for Early Inter- the contributions of high achieving students Mr. RUSH. Madam Speaker, everyday, 45 vention Services, and the San Francisco Child like those at Garden City Middle School. people, on average, are fatally shot in the Abuse Prevention Center. Madam Speaker, it is with pride and admira- United States. Dr. Wolfe authored numerous professional tion I offer my thanks and recognition to Gar- Three men were charged, today, in the Sep- publications addressing foster care and pre- den City Middle School. tember 13 fatal shooting of 17-year-old Laval natal drug and alcohol use and served as an

VerDate Aug 31 2005 06:02 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A17SE8.036 E17SEPT1 jbell on PROD1PC69 with REMARKS E1824 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 2008 assistant clinical professor in the Department COMMEMORATING WARREN AND week later, we will celebrate Veterans Day, of Family Health Care Nursing at the UCSF BARBARA WINIARSKI FOR SIG- the day upon which we honor those who al- School of Nursing. NIFICANT CONTRIBUTIONS TO ways risk and who all too often give their very Outside of work, Ellen is remembered as a THE NAPA VALLEY COMMUNITY lives to preserve and protect our ability to en- passionate woman who embraced life to its gage in that fundamental right. Arguably, we fullest. She is missed dearly by her mother HON. MIKE THOMPSON should celebrate Veterans Day first, and Elec- Marian, sisters Christine and Charlotte, broth- OF CALIFORNIA tion Day thereafter, because without the sac- ers Fred and Sam, and a great many close IN THE HOUSE OF REPRESENTATIVES rifice of the former we could not continue to be friends and colleagues. They remember fondly endowed with the latter. Wednesday, September 17, 2008 That is why I offer my heartfelt support for her love of classical music, fine food and the Mr. THOMPSON of California. Madam the Veteran Voting Support Act, which re- great outdoors, which were eclipsed only by Speaker, I rise today to honor Warren and sponds to a flawed policy of the Secretary of her commitment to children’s health. Barbara Winiarski. The Winiarskis are being Veterans Affairs that would have prohibited Madam Speaker, when those of us from honored by Napa County as the 2008 Grand- voter registration at VA facilities. The measure San Francisco are asked what makes our city parents of the Year. permits states to designate facilities of the De- so special, we often say, ‘‘the people.’’ With Mr. and Mrs. Winiarski met at St. John’s partment of Veterans Affairs as voter registra- the passing of Ellen Wolfe, our beautiful College in Annapolis, Maryland. The tion agencies, requires the VA to provide as- hometown has lost a favorite sister, but her Winiarskis along with their three children, sistance with absentee ballots, and requires legacy of good works and sound public policy Kasia, Julia and Stephen, moved to Napa that nonpartisan organizations and election of- will outlive all of us. County in 1964. They settled into the Stags ficials be given opportunities to assist veterans Leap region, purchasing 44 acres in which with registration and to provide voting informa- f they planted Cabernet Sauvignon and Merlot. tion. Above all others, our service men and They named the vineyard Stag’s Leap, now women should be provided with every conven- RECOGNIZING SERGEANT CHAUN- known as S.L.V. ience and resource to facilitate their ability to CEY K. LOVELL AND AIRMAN The Winiarskis started their vineyard with vote. This balanced measure does that, while FIRST CLASS ALTHEA LOVELL— modest means, but were soon propelled into protecting their privacy and preserving the SCOTTSDALE HEALTHCARE’S the spotlight when their wine essentially high standard of their care. Our veterans’ have ‘‘SALUTE TO MILITARY’’ HON- changed the way California wines were per- fought for our right to vote, and we must now OREES ceived. In 1976 at the famous blind tasting in fight for theirs. I urge my colleagues to honor Paris, the second vintage produced by Stag’s their sacrifice by supporting this measure. Leap Vineyard beat world renowned Chateau f HON. HARRY E. MITCHELL Mouton-Rothschild and Chateau Haut-Brion., CHIPACC BILL: CHILDREN’S PRO- OF ARIZONA They were visionaries in supporting the 1968 decision by the Napa County Board of GRAM OF ALL-INCLUSIVE, CO- IN THE HOUSE OF REPRESENTATIVES Supervisors to approve Agricultural Preserve ORDINATED CARE Zoning. The decision prohibits the splitting of Wednesday, September 17, 2008 lots on the valley floor that are less than 20 HON. JAMES P. MORAN Mr. MITCHELL. Madam Speaker, I rise acres in size. The Winiarskis also championed OF VIRGINIA today in recognition of two members of the Measure J in the 1990s, which prevents the IN THE HOUSE OF REPRESENTATIVES Armed Forces from my home state of Arizona. development of agricultural lands without voter Wednesday, September 17, 2008 Every month Scottsdale Healthcare honors approval. Stag’s Leap Vineyard was also the Mr. MORAN of Virginia. Madam Speaker, I service members that perform diligent service first vineyard placed under a conservation rise today to talk about an issue of concern to to this country. This month, they have recog- easement, leading the way in environmental all families, and everyone who has ever nized two siblings: Sergeant Chauncey K. protection. known a sick child. Lovell and Airman 1st Class Althea Lovell. Throughout their time in the Napa Valley, the Winiarskis have contributed greatly to the The Children’s Program of All-inclusive, Co- I commend Scottsdale Healthcare for paying community. They always keep the futures of ordinated Care, ChiPACC, serves the needs tribute to such outstanding service members their five grandchildren in mind, whether pre- of Medicaid-eligible children who suffer from for their bravery and service to our country. serving the land or creating fine wine. potentially terminal illnesses or conditions. The Sergeant Chauncey Lovell has been in the Madam Speaker and colleagues, the legislation I am introducing will make Marine Corps for six and a half years, which Winiarskis have earned the respect of their ChiPACC a state option under Medicaid. he has included three deployments to Iraq in colleagues and community. Through visionary Medicaid-eligible children—like all children 2004, 2006, and 2008. He is currently de- leadership they created pathways for others in who suffer from potentially terminal illnesses ployed and will be transferred in November to the community to follow. For these reasons or conditions—need comprehensive, coordi- his home station, Marine Corps Base and for the lasting impact that Stag’s Leap nated care. Currently, nearly 30 percent of the Kaneohe, on the island of Oahu, Hawaii. His Vineyard has had, it is fitting at this time that children in the United States who have life- record includes the National Defense Service we honor the Winiarskis. threatening conditions qualify for Medicaid. Medal, Navy and Marine Corps Achievement f These children are forced into a system that Medal, Iraq Campaign Medal, a Meritorious will only treat them on an emergency basis, Mast and a Certificate of Commendation VETERAN VOTING SUPPORT ACT sending them home to wait until their next among others. health emergency. HON. RUSH D. HOLT Based on the highly effective, collaborative Airman First Class Althea Lovell is also on model of care developed by Children’s Hos- active duty as a Dental Hygienist at the OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES pice International, CHI, the Children’s Program Ramstein Air Force Base in Germany. Having of All-inclusive, Coordinated Care provides joined the Air Force three years ago, this is Wednesday, September 17, 2008 each enrolled child an individualized treatment her first deployment. She is accompanied by Mr. HOLT. Madam Speaker, I rise today to plan that includes and manages services from her husband, Gil, who is a Tech Sergeant express my support for the Veteran Voting providers across the health care spectrum. working in the operating room on the same Support Act, and to commend the gentleman ChiPACC’s services will improve upon the base, and their six-month-old daughter, Chloe. from Pennsylvania (Mr. BRADY) for his leader- often inconsistent care that is currently avail- Airman First Class Lovell and her family ex- ship in offering it. I was honored to join him as able to seriously ill children under Medicaid, pect to be reassigned to Hickham Air Force an original sponsor of it, and I urge all of my doing so at a savings to taxpayers. Base in Hawaii. colleagues to support it. With appropriate comprehensive and coordi- Madam Speaker, please join me in recog- In a few short weeks, we will participate in nated services under ChiPACC, many emer- nizing the inspiring combined efforts of this two celebrations of our democracy: Election gency episodes can be avoided or anticipated brother and sister who are serving our country Day, the day upon which we will exercise our and managed, such that children receive ap- and protecting the lives of their fellow service- most fundamental right—the right by which we propriate care in their homes instead of in men in combat. secure all others—the right to vote. And one hospitals, and so that even when they require

VerDate Aug 31 2005 06:02 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K17SE8.019 E17SEPT1 jbell on PROD1PC69 with REMARKS September 17, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1825 critical care they can enter the hospital the Court have an important responsibility to Of greatest concern to me is that the pro- through the front door instead of the emer- maintain order in government. They were cho- posed amendment to this bill would allow D.C. gency room, significantly reducing health care sen to provide clarity when questions arose on residents to cross State lines to purchase costs. the rights that were promised to us by the weapons, thereby weakening Federal anti-gun Under the traditional Medicaid model, indi- Founding Fathers. trafficking laws and encouraging the mass pur- viduals can receive only ‘‘hospice’’ services This bill does something fundamental for the chase of firearms outside of D.C. for resale to and only after their doctors give them a prog- American way of life, it protects it. The legacy criminals or terrorists in D.C. We in New Jer- nosis of 6-months to live. Children, however, of all those who came before us depends on sey have lived very comfortably under our ex- are much more likely than adults to go in and making sure that those who come after can do isting State gun safety laws—hunters, lobby- out of terminal phases multiple times. No fam- the job duty requires. Nothing is more fun- ists, police, private citizens—but legislative ily should be forced to give up curative care damentally American than protecting those interventions like the one proposed today un- for their, child in order to receive services that who protect our rights. It is in this function, dermine New Jersey’s ability to keep its citi- are predicated on accepting that their child that we know when it is our turn to serve; we zens safe. I can assure you that we in New has no more than 6 months to live. ChiPACC can do so without undue fear. Jersey do not want guns illegally purchased in addresses this problem by combining medical Without the venerable work of the members D.C. being used in our State, which is why I and support services currently available in of the Court and the myriad of landmark cases did not support the amended version of this Medicaid with counseling, respite, and other that they decided, the country would have a bill approved by the House. care that have previously only been available markedly different look, far from what we see f as hospice services. today. HONORING THE WORK OF RALPH f Police officers could walk around searching anyone they choose; personal privacy would GROSSI AUTHORIZING THE UNITED be a dream and not a reality. Miranda v Ari- STATES SUPREME COURT PO- zona would have never given us the right to HON. LYNN C. WOOLSEY LICE TO PROTECT OFFICIALS remain silent, or the right to talk to a lawyer. OF CALIFORNIA But for the case of Brown v. the Board of IN THE HOUSE OF REPRESENTATIVES SPEECH OF Education, many Americans would not be able Wednesday, September 17, 2008 HON. SHEILA JACKSON-LEE to take part in integrated schools and would OF TEXAS face lower quality of education. Ms. WOOLSEY. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES But for the Court, many African American today to honor my friend Ralph Grossi of Marin County, California, who has recently re- Monday, September 15, 2008 voters would not be able to take part in a his- toric vote this November. tired as President of American Farmland Trust Ms. JACKSON-LEE of Texas. Mr. Speaker, To be sure, our Nation would look very dif- (AFT), an organization he co-founded. During I rise today in support of H. R. 6855, a bill to ferent if it was not for the Court. Since its cre- his 23 years at the helm, AFT became the extend the authority for the United States Su- ation in the Constitution, they have been a leading organization in the country focused on preme Court Police to protect Court officials vital partner in the fight for civil rights, wom- conserving farmland and local food systems off the Supreme Court grounds. This important en’s rights and the rights of all people across while promoting environmental stewardship. bill is sponsored by my colleague on the Judi- the country. Ralph has made AFT a major force in pro- ciary Committee, Mr. SMITH. In order to get tecting farmland against development, espe- f unbiased, thoughtful rulings on important cially around the urban edge—a growing crisis cases, it is necessary the officials who preside NATIONAL CAPITAL SECURITY that can effect food availability. About 86 per- over these cases can walk the streets unbur- AND SAFETY ACT cent of U.S. fruits and vegetables and 65 per- dened with the fear that their interpretations cent of dairy products are produced in urban- and decisions will lead to them facing harm on SPEECH OF influenced areas. Under Ralph’s leadership, their way home. It is time to protect our court HON. RUSH D. HOLT the American Farmland Trust has steadfastly officials so they can carry out their important fought against destroying our agricultural lands OF NEW JERSEY work. for roads, malls and housing developments. IN THE HOUSE OF REPRESENTATIVES This bill will protect the Members of the AFT has taken a comprehensive approach Court. Currently, Justices do not receive any Tuesday, September 16, 2008 to further farmland preservation, providing pol- protection when they are off the Court The House in Committee of the Whole icy assistance on the state and local level, and grounds. Unlike cabinet secretaries and gov- House on the State of the Union had under nationally lobbying for reform of agricultural ernors who receive protection from the Mar- consideration the bill (H.R. 6842) to require subsidies programs and increased funding for shall Service, Justices are forced to remain the District of Columbia to revise its laws conservation programs. Recognizing how the unprotected. They are open up to being at- regarding the use and possession of firearms challenge of climate change intersects with tacked and injured or worse. We must protect as necessary to comply with the require- farm preservation, AFT promotes ‘‘buy local’’ them as they are just as important to our de- ments of the decision of the Supreme Court programs and has joined in the call for energy in the case of District of Columbia v. Heller, mocracy as our President and Members of in a manner that protects the security inter- efficiency and the increased use of renew- Congress. ests of the Federal government and the peo- ables. Four years ago, Supreme Court Justice ple who work in, reside in, or visit the Dis- Policy models developed and/or promoted David Souter, while jogging near his home in trict of Columbia and does not undermine by AFT are now used across the nation, in- Southwest Washington DC, was assaulted by the efforts of law enforcement, homeland se- cluding a ‘‘Right to Farm’’ and ‘‘no net loss of two young men. He was taken to the hospital curity, and military officials to protect the farmland’’ ordinances, Agricultural District pro- with minor injuries and thankfully was released Nation’s capital from crime and terrorism: grams, special tax credits, mitigation for farm- a few hours later. While this attack was Mr. HOLT. Mr. Chairman, I regret that the land loss, and, perhaps most widely, con- deemed by the police as only a random as- Congress is even debating this matter. As this servation easements, now commonly used by sault, and that robbery was not the motive, summer’s Supreme Court decision in District local land trusts. this should serve as a wake up call for us all. of Columbia v. Heller made clear, govern- I can proudly say that Ralph pioneered the The Supreme Court, like the Office of the ments have the right to enact gun safety laws AFT amazing farm preservation tool box in President, is more important than the person consistent with the Court’s decision Heller. Un- Marin County, in my district. As a member of serving in the position. Protecting these peo- regulated firearms in the capital would pre- four generations in a family dairy and beef ple, is not just about protecting the person, it clude the ability of the Metropolitan Police De- business, Ralph was a co-founder and chair- is about protecting the sanctity of the Court partment to track guns through registration man of Marin Agricultural Land Trust, the first and the decisions they render. This legislation and otherwise to help ensure that guns do not such agency in the nation to preserve agricul- will assure the choices that the Justices make endanger Federal officials and employees, vis- tural land by acquiring easements that enable comes from a place of righteousness and not iting dignitaries, tourists, and local residents. local ranchers to maintain their land for farm intimidation. Unfortunately, some see this bill as an oppor- uses. His years with MALT and the Marin The noted philosopher and English Parlia- tunity to try to undo the Supreme Court’s deci- County Farm Bureau, as well as his time mentarian, Edmund Burke, said, ‘‘Good order sion, the effect of which would be to create a working on the family ranch, shaped his dedi- is the foundation of all things.’’ Members of ‘‘Criminal’s Firearm Bill of Rights.’’ cation to protecting this vanishing resource.

VerDate Aug 31 2005 06:02 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A17SE8.041 E17SEPT1 jbell on PROD1PC69 with REMARKS E1826 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 2008 MALT’s success demonstrated that environ- domestic and alternative sources of energy to Her work has not gone unnoticed in the mentalists and ranchers working together can increase our nation‘s national security. Addi- community. She has been the recipient of accomplish their mutual goals. ‘‘We tried to tionally, it extends and expands tax incentives awards from various city organizations, and develop a different system for protecting land,’’ for renewable energy and reduces transit fares was named a Women of Distinction by the Au- he said. ‘‘You could be going along just great for commuter rail and buses. Provisions in the rora YMCA. This summer, her community se- for a few years, and then the political nature bill would responsibly open up the Outer Con- lected her as the Grand Marshal of the Aurora of the county changes. We wanted to move tinental Shelf for drilling with significant envi- Independence Day Parade to honor her work away from the political area . . . and be fair ronmental protections while demanding that oil and achievements. to land owners.’’ Protecting this land ensures companies use the leases they have already I join the community in thanking her for her our nation’s food supply (‘‘No farms, no food’’ been issued. continued work for those who face adversity, is the AFT catchphrase), while preserving our This bill allows for safe responsible drilling and I look forward to seeing some of the great soil, water, wildlife, and rural beauty. while investing in domestic alternative tech- things that Ms. Lillian will continue to do for Phyllis Faber, who developed the idea for nologies and green jobs. In return for opening the great people of my congressional district. MALT with rancher Ellen Straus, emphasized up more areas for drilling, the bill requires oil f Ralph’s key role in making the concept work. companies to pay American taxpayers royal- CONGRATULATING RALPH ‘‘TOM’’ ‘‘He was so respected by the ranchers,’’ she ties owed to them and ends subsidies to oil BROWNING, TRIS S. CASTLE, says. ‘‘By becoming the first Chair, he secured companies for drilling. This bill provides long- ROBERT F. DELKER, WILLIAM H. their interest and support. Ralph was the term solutions to help us achieve real energy WALLACE—INDUCTEES TO THE spark.’’ independence, strengthen our national secu- ARIZONA VETERANS HALL OF Ralph’s grandparents emigrated from Swit- rity, and reduce global warming. FAME zerland and began ranching in 1896. His fa- Under the agreement reached between Flor- ther James, one of eleven children, continued ida Democrats and House Leadership, the the family tradition, as did many of his sib- Comprehensive American Energy Security and HON. HARRY E. MITCHELL lings, establishing the family ranch in 1917. Taxpayer Protection Act includes provisions OF ARIZONA IN THE HOUSE OF REPRESENTATIVES James and his wife Rose, also from a Swiss maintaining a 2006 compromise protecting the family, had four children, who learned the Eastern Gulf of Mexico from offshore oil drill- Wednesday, September 17, 2008 business at a young age. Ralph described fol- ing. These limitations protect the military areas Mr. MITCHELL. Madam Speaker, I rise lowing his dad around from the age of four or off the coast of Florida, as well as Florida’s today to congratulate Ralph ‘‘Tom’’ Browning, five, then ‘‘when we were about seven or eight tourism and fishing industries. Tris S. Castle, Robert F. Delker, and William years old, we got our first chores to do, feed- I am pleased that this bill protects Florida’s H. Wallace, the Class of 2008 inductees to the ing some calves or taking care of some small coast from expanded offshore oil drilling, much Arizona Veterans Hall of Fame. As veterans, livestock.’’ to the dismay of the oil men in the White these citizens have bravely served our country Ralph later graduated from Cal Poly, San House and corrupt Interior Department officials and their selfless efforts deserve considerable Luis Obispo, with a degree in agriculture. He who were accepting gifts from the oil compa- recognition. continued working on the family ranch and de- nies they regulate. Drilling off Florida’s coast The Arizona Veterans Hall of Fame Society veloped the first methane digester West of the only further subjects our beaches to oil spills is committed to promoting camaraderie among Mississippi, becoming an early innovator in that become exacerbated by hurricane dam- those who have served and continue to serve converting cow manure into power. Along the age and contributes to global climate change. the state of Arizona and our country. Its mes- way he married college sweetheart Judy Although the struggle to maintain the existing sage of perpetuating service and patriotism Lamb, and the couple has three daughters protections for Florida’s coast is far from over, through recognition is inspirational to the en- Amy (married to Brian Carr), Erin, and Katie. I promise to be the last man standing in the tire community. These individuals have been Madam Speaker, although Ralph Grossi will fight to prevent expanded offshore oil drilling selected for this prestigious honor by the Of- be returning with Judy to the hills and mead- in Florida. fice of Governor Janet Napolitano as well as ows of Marin County to focus on the family’s f the Arizona Department of Veterans’ Services. Marindale Ranch, he will continue to champion These Arizona residents were selected to the cause of farmland preservation. Ralph led HONORING MS. LILLIAN PERRY be part of the Arizona Veterans Hall of Fame the way for so many of us and has been a not just because they honorably served our partner to me in these efforts. I know we will HON. country, but because they have continued continue to work together to ensure that we OF ILLINOIS their commitment to the idea of selfless serv- protect the lands that are the backbone of this IN THE HOUSE OF REPRESENTATIVES ice throughout their lives. I commend the Arizona Veterans Hall of country. I wish Ralph and Judy and their fam- Wednesday, September 17, 2008 ily the very best. Fame Society for awarding such deserving citizens. These four people truly exemplify the f Mr. FOSTER. Madam Speaker, today I rise to honor Ms. Lillian Perry, a dedicated public courage and patriotism that we as Americans COMPREHENSIVE AMERICAN EN- servant in my home district. value so highly. As members of Hall of Fame ERGY SECURITY AND CONSUMER Ms. Lillian has been a resident of the area Society, I am sure these veterans will continue PROTECTION ACT since the 1950s, when she made a move from to serve and inspire future generations. the state of Georgia to establish roots in Au- Madam Speaker, please join me in recog- SPEECH OF rora, Illinois. She has spent her life taking up nizing Ralph Browning, Tris Castle, Robert the causes of civil rights, integration, and Delker, and William Wallace’s continued serv- HON. ALCEE L. HASTINGS ice to the community. OF FLORIDA equality. f IN THE HOUSE OF REPRESENTATIVES As an active member of the community, she has volunteered for various organizations, in- Tuesday, September 16, 2008 RECOGNIZING DR. ALBERT L. cluding Blacks in Politics, the Aurora Youth LORENZO Mr. HASTINGS of Florida. Mr. Speaker, I Job Program, and the Citizens for Neighbor- rise today in strong support of the Com- hood Improvement Program. prehensive American Energy Security and This work above is not the extent of her in- HON. SANDER M. LEVIN OF MICHIGAN Taxpayer Protection Act. This comprehensive volvement in the community. Ms. Lillian was IN THE HOUSE OF REPRESENTATIVES energy bill provides a marked change to Re- part of an effort to establish the Kane County publicans’ solitary drumbeat of their flawed en- Health Department, and she also speaks out Wednesday, September 17, 2008 ergy policy which only maintains the oil-con- on a regular basis against violence in her Mr. LEVIN. Madam Speaker, I rise today to suming status quo. Instead of trying to score community. recognize Dr. Albert L. Lorenzo, as he retires cheap political points, Democrats in Congress Currently, Ms. Lillian serves as a liaison to from the presidency of Macomb Community are paving the way forward with real sound area communities in the Office of State Rep- College after nearly 30 years of devoted and solutions to the pain at the pump the Amer- resentative Linda Chapa LaVia. In this position talented service. It has been a distinct honor ican people are feeling. she works with Representative Chapa LaVia’s working with Al Lorenzo throughout the years. The Comprehensive American Energy Se- constituents on a daily basis, and is a strong I have come to know him as an active and curity and Taxpayer Protection Act expands advocate for their needs. passionate advocate for the education system,

VerDate Aug 31 2005 06:02 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A17SE8.044 E17SEPT1 jbell on PROD1PC69 with REMARKS September 17, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1827 economic development, Macomb County and HONORING THE CITY OF It is on this Remembrance Day of the State of Michigan. FAMAGUSTA, REPUBLIC OF CY- Famagusta that I tell my fellow members of PRUS Al Lorenzo became Macomb County Com- the House that it is high time for Turkey to end its senseless and cruel occupation, and allow munity College president in July 1979. HON. JOHN P. SARBANES the people of this fine city to return to their Macomb Community College provides edu- homes so that they may rebuild and restore cational services to more than 59,000 students OF MARYLAND IN THE HOUSE OF REPRESENTATIVES her faded glory for the benefit of all Cypriots. annually and is the largest grantor of associ- f ate’s degrees in Michigan. MCC is also a Wednesday, September 17, 2008 leader in workforce training, school-to-work Mr. SARBANES. Madam Speaker, I rise CONGRATULATING NEA CHAIRMAN programs and continuing education programs today to honor the memory of a city that once DANA GIOIA that support the needs of the community. Al represented all that is good about Democracy Lorenzo helped to create the University Center and free enterprise, of a city that was a vibrant HON. BETTY McCOLLUM on Macomb Community College’s Center cultural and economic center and of a city that OF MINNESOTA Campus, which facilitates partnerships with in- has been rendered a ghost town by an unlaw- IN THE HOUSE OF REPRESENTATIVES ful military occupation. stitutions of higher education in offering bach- The city of Famagusta is located in the Wednesday, September 17, 2008 elor level course work. He wrote about that outer rim of Europe on the island Republic of Ms. MCCOLLUM of Minnesota. Madam experience, ‘‘The University Center: A Col- Cyprus. Before Turkey’s 1974 illegal invasion Speaker, I rise today to congratulate Dana laborative Approach to Baccalaureate De- and occupation of the Republic of Cyprus, Gioia on his accomplished tenure as the grees’’ in The Community College Bacca- Famagusta showcased the successes of the Chairman of the National Endowment for the laureate; Emerging Trends and Policy Issues. newly independent Republic. Arts. The NEA has been significantly strength- I have had the pleasure of working with Al Famagusta led the development of the nas- ened under his leadership, which he has re- Lorenzo on key projects to try and advance cent Republic’s economy and was known to cently announced will end in January when he the world as a great entertainment and tourist steps down to focus on his writing. educational opportunities for Macomb County destination. The city housed 50 percent of Cy- When Mr. Gioia took the reins of the NEA residents. In 2006, Al Lorenzo served as a prus’s touristic accommodations and also in 2003, federal support for the arts had been member of Governor Jennifer Granholm’s served as Cyprus’s principal port, handling badly damaged by decades of partisan feuds. Commission on Higher Education and Eco- over 80 percent of the country’s general The NEA budget had been cut in half, and nomic Growth in Macomb County. The Com- cargo, and nearly 50 percent of the total pas- many were questioning the long-term viability mission held a series of public hearings senger traffic to and from the island. of the organization. Today, NEA funding has across the county to better understand the In 1974, 60,000 Cypriots called Famagusta nearly doubled from its 1990s lows and the area’s higher education needs. Its rec- home, and another 15,000 made their living agency is expanding its efforts. For this, Mr. ommendations include stepped-up involve- working in the city. During the summer months Gioia deserves much of the credit. ment of Oakland and Wayne State Univer- European holidaymakers swelled the popu- Mr. Gioia’s impressive leadership skills sities in meeting the county’s immediate need lation to more than 100,000. helped build bipartisan support for the NEA. for better access to degree programs and sup- The vitality and good fortune of Famagusta He understands the importance of listening to ended when the Turkish military subjected it to port services and authority for Macomb Com- different groups, from artists to politicians to intense aerial bombardment. In the face of the average citizens, and has the savvy to ad- munity College to award bachelor’s degrees in Turkish air force and invading army, the dress their needs in creative ways. specific technical fields. In its report, the Com- Greek-speaking Cypriot population evacuated One of his first initiatives was Shakespeare mission stressed that these and other steps the city. in American Communities, a program that should be consistent with the goal of creating The Turkish military sealed off the Varosha brings professional theater companies into a 4-year university in Macomb County. section of the city and has forbidden the entry schools across the nation. This program has Since that Commission report, Al Lorenzo of human life there for 34 years. Varosha lays employed nearly 2,000 actors and introduced has worked to increase the involvement of frozen in time with the shelves of its depart- more than 1 million students to theater. The Oakland University and Wayne State Univer- ment stores stocked with the wares of the NEA also launched Operation Homecoming 1970s, the hotel’s breakfast tables are set for sity. In 2007, Al Lorenzo led the effort, under his leadership, which sends writers to the tourist who never arrived and the roads military bases to work with Iraq and Afghani- partnering with Federal, State and county offi- and buildings are overrun by brush and stan veterans. cials, to bring a branch of Michigan State Uni- vermin. Mr. Gioia ensured that every congressional versity’s Osteopathic College to Macomb’s The decline of this once proud and vibrant district had an opportunity to earn an NEA campus, the first of its kind in the Metro De- city has been catalogued by its inclusion on grant—a move that brought the arts to many troit area. the World Monuments Fund’s 2008 Watch List new communities and demonstrated to Con- In addition to his longtime commitment to of the 100 Most Endangered Sites in the gress how the NEA’s work touches every cor- Macomb Community College, Al Lorenzo has world. ner of the country. been an integral member of the community. The Turkish military’s continued occupation As a member of the Congressional Arts Active on several corporate boards throughout of the city and exclusion of its lawful inhab- Caucus and the National Council on the Arts, itants has been condemned by United Nations his career, he currently serves on the boards I am grateful for Mr. Gioia’s leadership. When Security Council Resolution 550/1984 that his tenure at the NEA ends early next year, he of the Michigan Education Trust and Citizens calls for the transfer of the occupied, but will leave behind an organization that is much State Bank, and chairs the board of Henry uninhabited city of Famagusta to the United stronger than it was when he arrived in 2003. Ford Macomb Hospitals. He has been ap- Nations for the orderly resettlement of the city I urge my colleagues to join me in congratu- pointed by three Michigan Governors to state by its rightful inhabitants. lating Mr. Gioia on his leadership and his tre- policy commissions and asked to serve on nu- Following Turkey’s illegal invasion and occu- mendous contributions to the arts. merous national advisory committees. His pation of Cyprus, Congress enacted 22 f work has been recognized through 12 major U.S.C.A. § 2373(a)(5), which sets forth the re- leadership awards and 2 Honorary Doctoral quirement that United States foreign policy TRIBUTE TO AUCLAIR’S MARKET degrees. support the United Nations Secretary Gen- IN SOMERSET, MASSACHUSETTS eral’s efforts to resettle the occupied, but Madam Speaker, I ask my colleagues to join uninhabited city of Famagusta by its rightful in- me in recognizing the achievements of Al HON. JAMES P. McGOVERN habitants. OF MASSACHUSETTS Lorenzo, thanking him for his devoted service Once again this June 2, 2008, the Report of IN THE HOUSE OF REPRESENTATIVES and wishing him the best in his retirement. I the Secretary General on the United Nations am confident he will continue to play a role in Operation in Cyprus holds the Government of Wednesday, September 17, 2008 the area of education, in addition to enjoying Turkey responsible for the failure to hand over Mr. MCGOVERN. Madam Speaker, I rise a bit of retirement with his wife Katherine and Famagusta for resettlement by its rightful in- today to pay tribute to Auclair’s Market in large family. habitants. Somerset, MA, which is celebrating its 90th

VerDate Aug 31 2005 06:02 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A17SE8.047 E17SEPT1 jbell on PROD1PC69 with REMARKS E1828 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 2008 anniversary this week. The celebration also in- can use additional help and guidance to make my cousins attended the same college. If it clude a well-deserved ‘‘Happy 90th Birthday’’ their planning as effective as possible. I speak were not for the University of Arkansas at Pine to Fernand C.E. Auclair, whose father Francis to students from North Carolina who are con- Bluff, I strongly believe that my family mem- started the business in 1918. cerned about violence in their schools, about bers and I would not have been able to attend For all those years, Auclair’s Market has gang activity, or about bullying. Secure Our college. Many African American members of combined the highest-quality food with excel- Schools gives schools and law enforcement Congress and many of our nation’s leaders lent customer service. In an era when giant agencies the flexibility to address their com- have attended HBCUs—Jesse Jackson, Jr., chain stores dominate the marketplace, munity’s unique needs. Jesse Jackson, Sr., Alcee Hastings, Dr. Martin Auclair’s has remained steadfast in its dedica- Although schools are central institutions to Luther King, W.E.B. Du Bois, and Thurgood tion to the Greater Fall River area. our communities, they are often overlooked in Marshall, just to name a few. Things have certainly changed since the security and emergency planning. The partner- The continued support and funding of store first opened on Brightman Street in Fall ships between schools and law enforcement HBCUs is essential to create more opportuni- River. At that time, meats were presented on facilitated by Secure Our Schools have far- ties for people of color to thrive in education cold marble slabs and the market’s doors reaching benefits to school safety and the and become leaders of tomorrow. To this end, were left open in the winter to help preserve health of our communities. I advocated actively on their behalf during the the food. Today, the store provides its cus- H.R. 2352 gives these partnerships new recent reauthorization of the Higher Education tomers with all the modem conveniences and tools to keep our children safe by allowing the Act. Today more than ever, professional suc- several of its own specialties. Let me assure use of funds for surveillance equipment and cess is linked with a higher education degree. you, Madame Speaker, you haven’t truly lived capital improvement. In recognition of the in- I am pleased that the 110th Congress has until you’ve grilled a steak with Auclair’s credible need for these funds, it expands the demonstrated a commitment to strengthening Steakhouse marinade. authorization for Secure Our Schools grants to HBCUs and other minority-serving institutions. What hasn’t changed is the Auclair family’s $50 million. It is a solid step to improve our HBCUs serve large populations of students commitment to the community. As Denis schools and recognize the hard work of teams with great financial and academic needs and Auclair, third-generation owner recently told of teachers, administrators, health care work- deserve continued Federal support to grad- the Fall River Herald-News, ‘‘We can say it’s ers, security staff, and law enforcement per- uate men and women of color. In honor of the our business, but it’s our customers’’ store. sonnel in keeping our children safe. 2008 HBCU week, I recognize HBCUs for Without them, we’re nothing.’’ Mr. Speaker, I urge my colleagues to join their rich heritage, history, and culture and for Madam Speaker, I ask all of my colleagues me in voting yes for H.R. 2352. the opportunities they provide to students to in the House to join me in congratulating f learn, grow, and succeed, regardless of race, Auclair s Market on their 90th Anniversary and ethnicity, or income. wishing Fernand C.E. Auclair a very happy HONORING HISTORICALLY BLACK 90th birthday. COLLEGES AND UNIVERSITIES f WEEK f INTRODUCTION OF NATIONAL SCHOOL SAFETY ENHANCEMENTS HON. DANNY K. DAVIS CYBERSECURITY AWARENESS MONTH RESOLUTION ACT OF 2008 OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES SPEECH OF HON. JAMES R. LANGEVIN Wednesday, September 17, 2008 HON. BOB ETHERIDGE OF RHODE ISLAND OF NORTH CAROLINA Mr. DAVIS of Illinois. Madam Speaker, I IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES would like to take this opportunity to acknowl- edge and celebrate National Historically Black Wednesday, September 17, 2008 Monday, September 15, 2008 Colleges and Universities week, designated as Mr. LANGEVIN. Madam Speaker, I am Mr. ETHERIDGE. Mr. Speaker, I rise in sup- September 7–13, 2008. It is a pleasure to rec- pleased to introduce this resolution supporting port of the School Safety Enhancements Act ognize Historically Black Colleges and Univer- the goals and ideals of National Cybersecurity of 2007. This legislation reauthorizes and sities—or HBCUs—and their successes in Awareness Month. strengthens the Secure Our Schools program, educating many of the nation’s African Amer- Each year, the National Cyber Security Divi- which provides critical support to our Nation’s ican undergraduate and graduate students. sion (NCSD) of the Department of Homeland schools for equipment to keep our children There are over 100 HBCUs, and they pro- Security (DHS) joins with the National Cyber safe during their educational time. Over the vide a key pathway for African Americans and Security Alliance (NCSA), the Multi-State Infor- past 6 years, $65 million in Federal grant other minorities to take part in higher edu- mation Sharing and Analysis Center (MS– funds have been put to work in a partnership cation. Although HBCUs represent only about ISAC) and other partners to support National between law enforcement agencies and local 2.4 percent of higher education institutions, Cyber Security Awareness Month. The goal of schools to invest in security and school safety they enroll almost 12 percent of African Amer- National Cyber Security Awareness Month is at more than 2,400 schools nationwide. ican students who attend college. These insti- to show everyday Internet users that by taking As the former superintendent of North Caro- tutions offer degrees at various levels across simple steps, they can safeguard themselves lina’s public schools, I know that a student many subject areas. They play a critical role in from the latest online threats and respond to needs fertile soil for learning to take seed. I educating black students in the fields of potential cyber-crime incidents. have rare firsthand knowledge of the impor- science and engineering. Indeed, 2004 data It would be dangerous to believe, however, tance of quality school buildings to the edu- demonstrate that, of degrees earned by Afri- that simple steps by end users will sufficiently cational goals we hold for our schools, and the can American students, HBCUs conferred 20 combat the larger threats associated with a challenges those schools face in inadequate percent degrees in engineering, 39 percent in growing networked society. As Chairman of facilities. There really is no substitute for the physical sciences, 26 percent in computer the Homeland Security Subcommittee on bricks and mortar when it comes to quality science, 37 percent in mathematics, 36 per- Emerging Threats, Cybersecurity and Science schools. While good teachers and administra- cent in the biological sciences, 47 percent in and Technology, I have held eight hearings in tors are central to education, we also need a agricultural sciences, 16 percent in social the 110th Congress on our nation’s good environment for students. Children can- sciences, and 21 percent in psychology. This cybersecurity posture and the various not learn in facilities that are substandard or success is especially impressive given the his- vulnerabilities in our critical information infra- overcrowded or where they do not feel safe. torical financial discrimination these institutions structure. Cybersecurity vulnerabilities can sig- That is why I have made it a priority in Con- endured from Federal and State governments. nificantly impact our national and economic gress to support funds for school construction, It was an HBCU that started me on my path security. This issue has been largely ignored for school safety, and for school emergency to become the person that I am today. Grow- and misunderstood for too long. The oversight preparedness needs. ing up in rural Arkansas, my parents were low- that the Homeland Security Committee is un- This bill is a step to address the pressing income sharecroppers, who raised ten chil- dertaking will help change that, but much work needs that schools have for safety. Even as dren. Seven of us attended the University of remains to be done. teachers, administrators, and students are Arkansas at Pine Bluff, which was then called I thank my colleagues for cosponsoring this working together with law enforcement to Arkansas AM&N College. Subsequently, three resolution, and look forward to working with make schools a safe place for learning, they of my nephews, a niece, as well as several of them on these critical issues in the future.

VerDate Aug 31 2005 06:02 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A17SE8.050 E17SEPT1 jbell on PROD1PC69 with REMARKS September 17, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1829 SUPPORTING PROPOSED REGULA- 2001 statutes), the very right to a death or dis- introducing this resolution. I rise today to show TIONS TO THE PUBLIC SAFETY ability benefit, which the Supreme Court cor- support for House Resolution 1425, honoring OFFICERS’ BENEFIT PROGRAM rectly has recognized as a legal ‘‘gratuity’’ the life and music of the late Isaac Hayes. (and thus not ‘‘remedial’’ in nature), is not Mr. Hayes’s absence will be felt by millions HON. DONALD A. MANZULLO freestanding, but contingent, rather, upon a around the world. A prolific hall of fame song- OF ILLINOIS determination by the Department. writer, a fighter for civil rights and an enter- IN THE HOUSE OF REPRESENTATIVES When Public Law 94–430 was enacted in tainer to millions throughout his life, I ask that 1976, only the Circuit Courts or the old Court Wednesday, September 17, 2008 Congress now honor his life and his achieve- of Claims (of similar rank) heard appeals from ments. Mr. MANZULLO. Madam Speaker, I rise to final rulings of the Department of Justice Isaac Hayes’s life should serve as an exam- recognize the Department of Justice for re- thereunder, which meant that only one level of ple to us all. Being orphaned shortly after his cently proposed regulations relating to the judicial review ordinarily was available to birth, Mr. Hayes started a lifelong trend of Public Safety Officers’ Benefit Program. The claimants and the Department, alike. In 1982 overcoming adversity. His grandfather, who program provides death benefits for the sur- (when the appellate functions of the Court of was taking care of him, died when Isaac was vivors of public safety officers who die in the Claims generally were merged into the newly- only 11 years old. Wanting to contribute to his line of duty; and disability benefits to those of- created Court of Appeals for the Federal Cir- family, he took odd jobs around town to help ficers who have been permanently and totally cuit), jurisdiction over these appeals—appar- his grandmother out. disabled by a catastrophic personal injury sus- ently as a result of an oversight—was not His love of music started when he was only tained in the line of duty, and thereby pre- transferred to the Federal Circuit, and thus 5 years old. Turned on to music by singing at vented from performing any gainful work; and (unlike the case with other administrative ap- his church, he taught himself to play multiple also educational assistance benefits for sur- peals, see, e.g., 28 U.S.C. 1295, 1296), by instruments. Soon, he was singing backup to viving family members. Among other things, default, lay in what is now the Court of Fed- bands and it wasn’t long before he would be these proposed regulations will help to shore eral Claims, established under Article I of the out on his own singing and producing other up the program against fraud and abuse by Constitution, rather than Article III, with an ad- young aspiring artists. clarifying the requirements for certifications ditional level of appeals available in the Fed- His civil rights credentials weren’t too shab- and their effect. I strongly support the mission eral Circuit. Although there are notable and by either. In 1972, he helped stage a concert of the Public Safety Officers’ Benefit Program, distinguished exceptions, over the past dec- in Los Angeles that focused on social and and I commend the Department of Justice for ade or so, many of the Federal Claims Court’s economic issues. Never forgetting his roots, keeping the regulations up to date and for tak- rulings on these appeals applied the law incor- this concert also brought attention to his ing action to ensure that the funds available rectly, sometimes disregarding the express hometown Memphis sound. go to those public safety officers (and their terms of the relevant statute or implementing Isaac Hayes was the best among us. His survivors) that deserve them. I would like to regulations, or binding and applicable Federal strength and character are a beacon of light take a moment to comment on the statutory Circuit/Court of Claims precedent, and even for us all. This legislation will honor the life of predicate for some of these regulations. Supreme Court precedent. To order the ad- one of the great ones of our time. As the Ninth Circuit Court of Appeals recog- ministering agency to pay on a claim when f nized, Public Law 94–430 creates a ‘‘limited payment is not clearly warranted by the pro- program,’’ whose principal purpose is to help grammatic statutes and their implementing RECOGNIZING JOSEPH STALNAKER ensure that the families of ‘‘public’’ officers be regulations and administrative interpretive su- AND THE PAWS WITH A CAUSE protected from financial calamity that is likely perstructure is as much an affront to the law ORGANIZATION to result from the death or permanent and as for the agency not to pay when payment is total disability, in the line of duty, of the pri- clearly required by those statutes and regula- HON. HARRY E. MITCHELL tions. mary money-maker. The statute (including the OF ARIZONA Overall, the 16 opinions issued to date by two parallel 2001 benefits statutes, which do IN THE HOUSE OF REPRESENTATIVES not, strictly speaking, amend the Public Law or the Federal Circuit (and its predecessor) under directly affect the precise program it creates) the statute indicate a proper understanding of Wednesday, September 17, 2008 enshrines various and competing policy con- the law and the application of the Chevron Mr. MITCHELL. Madam Speaker, I rise siderations and purposes that it proposes to doctrine to the Department’s determinations. today to recognize Joseph Stalnaker and the achieve by particular means that have been (All but two of these opinions were Paws with a Cause organization. On the worked out, over the last 30 years and more, affirmances of the administering agency; in morning of Wednesday, September 13, 2008, in the legislative process. Because no law pur- Demutiis, the agency was affirmed on all Mr. Stalnaker suffered a seizure as a result of sues its ends at all costs, the limitations ex- points but a very minor one (relating to appli- an injury he received while serving in the U.S. pressly or implicitly contained in its text and cation of a (now-repealed) regulation), and the military. While Mr. Stalnaker was unable to structure are no less an articulation of its pur- 1980 holding in Harold, which reversed the help himself, his trained service dog, Buddy, poses (and the intent, goals, and policies that Department’s determination, itself soon there- managed to place the 911 call that saved his inform it), than its substantive grants of author- after was rendered moot, as a practical mat- life. He had adopted Buddy from Paws with a ity are. Benefits under these statutes— ter, by a statutory amendment consonant with Cause a year earlier. charges on the public fisc—are to be granted the Department’s position.) For these reasons, The Paws with a Cause organization trains fairly, but not speculatively, or beyond what the corrective proviso in the consolidated ap- seeing eye and service dogs to be placed for the statutory language unequivocally requires propriations legislation, entrusting judicial ap- adoption by people with disabilities. They are and unequivocally expresses, or beyond the peals under Public Law 94–430 (and the two the nation’s largest non-profit group providing letter of the difficult judgments reached in the 2001 statutes) exclusively to the Federal Cir- service dogs trained especially to handle peo- legislative process and clearly reflected in the cuit (and returning to a single level of judicial ple with seizure-related disorders. Their goal is statutory text. It is precisely to enable the De- review, as originally intended) should further to not only assist people with serious disabil- partment to balance and harmonize these var- the purposes of the program, reduce litigation ities, but to encourage them to be able to live ious considerations into a single workable and costs for claimants and the taxpayers, and independently. Paws with a Cause purveys a coherent program that the law confers extraor- serve the interests of justice. message of awareness through education, dinary administrative and interpretive authority f and provides service dogs to its clients free of on the Department. For example, at least HONORING THE LIFE AND MUSIC charge. seven distinct statutory provisions—42 U.S.C. OF THE LATE ISAAC HAYES Through these advocacy programs, people 3796c(a) (twice), 3796(a) & (b), 3796d–3(a) & with disabilities like Joseph Stalnaker, who (b), 3782(a)—expressly authorize the Depart- SPEECH OF bravely served our country, are able to live ment to issue program regulations and policies independently. The Paws with a Cause pro- here, and the law expressly provides that HON. SHEILA JACKSON-LEE gram tirelessly serves the community, pro- OF TEXAS those regulations and policies are determina- viding both aid to those with disabilities, and IN THE HOUSE OF REPRESENTATIVES tive of conflict of law issues relating to the pro- providing homes to many dogs that would not gram, and that responsibility for making final Monday, September 15, 2008 otherwise have these opportunities. determinations shall rest with the Department. Ms. JACKSON-LEE of Texas. Mr. Speaker. Madam Speaker, please join me in recog- Under the Public Law (as under the parallel I thank the gentlewoman from Tennessee for nizing the Paws with a Cause organization

VerDate Aug 31 2005 06:02 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A17SE8.054 E17SEPT1 jbell on PROD1PC69 with REMARKS E1830 CONGRESSIONAL RECORD — Extensions of Remarks September 17, 2008 and one of its fortunate beneficiaries, Joseph might have brought to humanity are now lost someone new who heard it tonight will finally Stalnaker. forever. Yet even in the glare of such tragedy, embrace the truth that abortion really does kill f this generation still clings to a blind, invincible little babies; that it hurts mothers in ways that ignorance while history repeats itself and our we can never express; and that 13,022 days SUNSET MEMORIAL own silent genocide mercilessly annihilates the spent killing nearly 50 million unborn children most helpless of all victims, those yet unborn. in America is enough; and that it is time that HON. TRENT FRANKS Madam Speaker, perhaps it’s time for those we stood up together again, and remembered of us in this Chamber to remind ourselves of OF ARIZONA that we are the same America that rejected why we are really all here. Thomas Jefferson IN THE HOUSE OF REPRESENTATIVES human slavery and marched into Europe to ar- said, ‘‘The care of human life and its happi- rest the Nazi Holocaust; and we are still cou- Wednesday, September 17, 2008 ness and not its destruction is the chief and rageous and compassionate enough to find a only object of good government.’’ The phrase Mr. FRANKS of Arizona. Madam Speaker, I better way for mothers and their unborn ba- in the 14th Amendment capsulizes our entire stand once again before this House with yet bies than abortion on demand. another Sunset Memorial. Constitution. It says, ‘‘No State shall deprive It is September 17, 2008 in the land of the any person of life, liberty or property without Madam Speaker, as we consider the plight free and the home of the brave, and before due process of law.’’ Madam Speaker, pro- of unborn America tonight, may we each re- the sun set today in America, almost 4,000 tecting the lives of our innocent citizens and mind ourselves that our own days in this sun- their constitutional rights is why we are all defenseless unborn children were killed by shine of life are also numbered and that all too here. abortion on demand. That’s just today, Madam soon each one of us will walk from these The bedrock foundation of this Republic is Speaker. That’s more than the number of in- Chambers for the very last time. the clarion declaration of the self-evident truth nocent lives lost on September 11 in this that all human beings are created equal and And if it should be that this Congress is al- country, only it happens every day. endowed by their Creator with the unalienable lowed to convene on yet another day to come, It has now been exactly 13,022 days since rights of life, liberty and the pursuit of happi- may that be the day when we finally hear the the tragedy called Roe v. Wade was first ness. Every conflict and battle our Nation has cries of innocent unborn children. May that be handed down. Since then, the very foundation ever faced can be traced to our commitment the day when we find the humanity, the cour- of this Nation has been stained by the blood to this core, self-evident truth. age, and the will to embrace together our of almost 50 million of its own children. Some It has made us the beacon of hope for the human and our constitutional duty to protect of them Madam Speaker, cried and screamed entire world. Madam Speaker, it is who we these, the least of our tiny, little American as they died, but because it was amniotic fluid are. brothers and sisters from this murderous passing over the vocal cords instead of air, we And yet today another day has passed, and scourge upon our Nation called abortion on couldn’t hear them. we in this body have failed again to honor that demand. All of them had at least four things in com- foundational commitment. We have failed our It is September 17, 2008, 13,022 days since mon. First, they were each just little babies sworn oath and our God-given responsibility Roe versus Wade first stained the foundation who had done nothing wrong to anyone, and as we broke faith with nearly 4,000 more inno- of this Nation with the blood of its own chil- each one of them died a nameless and lonely cent American babies who died today without dren; this in the land of the free and the home death. And each one of their mothers, whether the protection we should have given them. she realizes it or not, will never be quite the So Madam Speaker, let me conclude this of the brave. same. And all the gifts that these children Sunset Memorial in the hope that perhaps

VerDate Aug 31 2005 06:02 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\K17SE8.021 E17SEPT1 jbell on PROD1PC69 with REMARKS September 17, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1831 SENATE COMMITTEE MEETINGS Judiciary Commerce, Science, and Transportation To hold hearings to examine equal pay Interstate Commerce, Trade, and Tourism Title IV of Senate Resolution 4, for equal work. Subcommittee agreed to by the Senate on February 4, SH–216 To hold hearings to examine the imbal- 1977, calls for establishment of a sys- Appropriations ance in United States-Korea auto- tem for a computerized schedule of all Labor, Health and Human Services, Edu- mobile trade. meetings and hearings of Senate com- cation, and Related Agencies Sub- SR–253 committee Joint Economic Committee mittees, subcommittees, joint commit- Financial Services and General Govern- To hold hearings to examine the current tees, and committees of conference. ment Subcommittee This title requires all such committees To hold joint hearings to examine food economic outlook. to notify the Office of the Senate Daily marketing to children. SD–106 Digest—designated by the Rules Com- SD–192 10:30 a.m. mittee—of the time, place, and purpose 10:30 a.m. Aging To hold hearings to examine ways to re- of the meetings, when scheduled, and Homeland Security and Governmental Af- spect Americans’ choices at the end of any cancellations or changes in the fairs Federal Financial Management, Govern- life. meetings as they occur. ment Information, Federal Services, SD–562 As an additional procedure along and International Security Sub- 10:45 a.m. with the computerization of this infor- committee Judiciary mation, the Office of the Senate Daily To hold hearings to examine reducing Human Rights and the Law Subcommittee Digest will prepare this information for the undercount in the 2010 census. To hold hearings to examine extracting printing in the Extensions of Remarks SD–342 natural resources, focusing on cor- 2:15 p.m. porate responsibility and the rule of section of the CONGRESSIONAL RECORD Foreign Relations on Monday and Wednesday of each law. Business meeting to consider pending SH–216 week. calendar business. 2:30 p.m. S–116, Capitol Meetings scheduled for Thursday, Homeland Security and Governmental Af- 2:30 p.m. September 18, 2008 may be found in the fairs Commerce, Science, and Transportation Daily Digest of today’s RECORD. To hold oversight hearings to examine State, Local, and Private Sector Prepared- the transition to digital television, fo- ness and Integration Subcommittee cusing on the February 2009 deadline. To hold hearings to examine the Federal MEETINGS SCHEDULED SR–253 Emergency Management Agency’s (FEMA) future preparedness planning. SEPTEMBER 23 Homeland Security and Governmental Af- fairs SD–342 9:30 a.m. Oversight of Government Management, the Environment and Public Works Armed Services Federal Workforce, and the District of To hold hearings to examine the Bush To hold hearings to examine the situa- Columbia Subcommittee Administration’s environmental record tion in Iraq and Afghanistan; with the To hold hearings to examine the ele- at the Department of the Interior and possibility of a closed session in SVC– ments of the federal government re- the Environmental Protection Agency 217 following the open session. sponsible for coordinating our public (EPA). SD–106 diplomacy, including their respective SD–406 Health, Education, Labor, and Pensions missions, organizational structures, Judiciary Employment and Workplace Safety Sub- workforce, and management. Terrorism, Technology and Homeland Se- committee SD–342 curity Subcommittee To hold hearings to examine investing in Intelligence To hold hearings to examine the Visa a skilled workforce, focusing on mak- To hold hearings to examine the new At- Waiver Program, focusing on miti- ing the best use of tax-payer dollars to torney General guidelines for domestic gating risks to ensure the safety of all maximize results. intelligence collection. Americans. SD–430 SD–G50 10 a.m. SH–216 Homeland Security and Governmental Af- SEPTEMBER 24 SEPTEMBER 25 fairs 9:30 a.m. Disaster Recovery Subcommittee Veterans’ Affairs 9:30 a.m. To hold hearings to examine after action To hold oversight hearings to examine Armed Services reviews of federal, state, and local ac- cooperation and collaboration by the To hold hearings to examine the author- tivities to respond and recover from Departments of Veterans Affairs and ization of Survival Evasion Resistance Hurricanes Gustav and Ike. Defense on information technology ef- and Escape techniques for interroga- SD–G50 forts. tions in Iraq, focusing on the Commit- Banking, Housing, and Urban Affairs SR–418 tee’s inquiry into the treatment of de- To hold hearings to examine turmoil in 10 a.m. tainees in United States custody. United States credit markets, focusing Agriculture, Nutrition, and Forestry SD–106 on recent actions regarding investment Homeland Security and Governmental Af- Homeland Security and Governmental Af- banks and other financial institutions. fairs fairs SD–538 Disaster Recovery Subcommittee To hold hearings to examine ways to pre- Energy and Natural Resources To hold joint hearings to examine the ef- vent nuclear terrorism, focusing on To hold hearings to examine reasons that fectiveness of agricultural disaster as- hard lessons learned from troubled in- diesel fuel prices have been so high and sistance programs in the wake of the vestments. what can be done to address this situa- 2008 Midwest floods, Hurricane Gustav, SD–342 tion. and Hurricane Ike. 10 a.m. SD–366 SR–328A Commerce, Science, and Transportation Environment and Public Works Finance To hold hearings to examine regulation To hold hearings to examine infrastruc- To hold hearings to examine broadband of greenhouse gases under the Clean ture needs and the consequences of in- providers and consumer privacy. Air Act (Public Law 101–549). action. SR–253 SD–406 SD–215 2:30 p.m. Finance Homeland Security and Governmental Af- Intelligence To hold hearings to examine covering the fairs To hold hearings to examine the nomina- uninsured, focusing on making health To hold hearings to examine domestic tion of J. Patrick Rowan, of Maryland, insurance markets work. partner benefits for federal employees. to be an Assistant Attorney General. SD–215 SD–342 SD–G50

VerDate Aug 31 2005 06:02 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\M17SE8.000 E17SEPT1 jbell on PROD1PC69 with REMARKS Wednesday, September 17, 2008 Daily Digest

HIGHLIGHTS Senate passed S. 3001, National Defense Authorization Act. Senate Military Construction Authorization Act: Senate Chamber Action passed S. 3003, to authorize appropriations for fiscal Routine Proceedings, pages S8897–S8961 year 2009 for military construction, after striking all Measures Introduced: Eleven bills and two resolu- after the enacting clause and inserting in lieu thereof tions were introduced, as follows: S. 3503–3513, and Division B of S. 3001, National Defense Authoriza- S. Res. 663–664. Pages S8947–48 tion, as amended. Page S8933 Measures Reported: Department of Energy National Security Act: S. 3341, to reauthorize and improve the Federal Senate passed S. 3004, to authorize appropriations Financial Assistance Management Improvement Act for fiscal year 2009 for defense activities of the De- of 1999. (S. Rept. No. 110–468) partment of Energy, after striking all after the enact- S. 2907, to establish uniform administrative and ing clause and inserting in lieu thereof Division C enforcement procedures and penalties for the enforce- of S. 3001, National Defense Authorization, as ment of the High Seas Driftnet Fishing Moratorium amended. Pages S8933–34 Protection Act and similar statutes, with an amend- Guaranteed Student Loans: Senate passed H.R. ment in the nature of a substitute. (S. Rept. No. 6889, to extend the authority of the Secretary of 110–469) Page S8947 Education to purchase guaranteed student loans for Measures Passed: an additional year, clearing the measure for the President. Page S8960 National Defense Authorization Act: By 88 yeas to 8 nays (Vote No. 201), Senate passed S. 3001, to Dalai Lama and the Government of China: authorize appropriations for fiscal year 2009 for mili- Committee on Foreign Relations was discharged tary activities of the Department of Defense, for from further consideration of S. Res. 643, calling for military construction, and for defense activities of greater dialogue between the Dalai Lama and the the Department of Energy, to prescribe military per- Government of China regarding rights for the people sonnel strengths for such fiscal year, after taking ac- of Tibet, and the resolution was then agreed to, after tion on the following amendments proposed thereto: agreeing to the following amendment proposed Pages S8931–33 thereto: Pages S8960–61 Withdrawn: Sanders (for Feingold) Amendment No. 5630, to Reid Amendment No. 5290, to change the enact- amend the preamble. Pages S896061 ment date. Page S8933 Measures Considered: Reid Amendment No. 5291 (to Amendment No. Advancing America’s Priorities Act—Cloture: 5290), of a perfecting nature. Page S8933 Senate began consideration of the motion to proceed Department of Defense Authorization Act: Sen- to consideration of S. 3297, to advance America’s ate passed S. 3002, to authorize appropriations for priorities. Page S8934 fiscal year 2009 for military activities of the Depart- A motion was entered to close further debate on ment of Defense, to prescribe military personnel the motion to proceed to consideration of the bill, strengths for such fiscal year, after striking all after and, in accordance with the provisions of rule XXII the enacting clause and inserting in lieu thereof Di- of the Standing Rules of the Senate, a vote on clo- vision A of S. 3001, National Defense Authorization, ture will occur on Friday, September 19, 2008. as amended. Page S8933 Page S8934 D1106

VerDate Aug 31 2005 05:58 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D17SE8.REC D17SEPT1 jbell on PROD1PC69 with DIGEST September 17, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D1107 Subsequently, the motion to proceed was with- An original bill to designate a portion of the Rap- drawn. Page S8934 pahannock River in the Commonwealth of Virginia Renewable Energy and Job Creation Act—Clo- as the ‘‘John W. Warner Rapids’’; ture: Senate began consideration of the motion to H.R. 3999, to amend title 23, United States proceed to consideration of H.R. 6049, to amend the Code, to improve the safety of Federal-aid highway Internal Revenue Code of 1986 to provide incentives bridges, to strengthen bridge inspection standards for energy production and conservation, to extend and processes, to increase investment in the recon- certain expiring provisions, to provide individual in- struction of structurally deficient bridges on the Na- come tax relief. Page S8934 tional Highway System; A motion was entered to close further debate on An original bill to amend the Public works and the motion to proceed to consideration of the bill, Economic Development Act of 1965 to reauthorize and, in accordance with the provisions of rule XXII that Act; of the Standing Rules of the Senate, a vote on clo- S. 2080, to amend the Federal Water Pollution ture will occur on Friday, September 19, 2008. Control Act to ensure that sewage treatment plants Page S8934 monitor for and report discharges of raw sewage, Messages from the House: Pages S8945–46 with an amendment in the nature of a substitute; S. 1387, to amend the Emergency Planning and Executive Communications: Pages S8946–47 Community Right-to-Know Act of 1986 to provide Additional Cosponsors: Pages S8948–51 for greenhouse gases, with an amendment in the na- Statements on Introduced Bills/Resolutions: ture of a substitute; Pages S8951–56 S. 2970, to enhance the ability of drinking water Additional Statements: Pages S8940–45 utilities in the United States to develop and imple- ment climate change adaptation programs and poli- Amendments Submitted: Pages S8956–59 cies; Authorities for Committees To Meet: An original bill to address the health and eco- Pages S8959–60 nomic development impacts of nonattainment of fed- Record Votes: One record vote was taken today. erally mandated air quality standards in the San Joa- (Total—201) Page S8933 quin Valley, California, by designating air quality Recess: Senate convened at 9:30 a.m. and recessed empowerment zones; at 7:46 p.m., until 10 a.m. on Thursday, September An original bill to protect pregnant women and 18, 2008. (For Senate’s program, see the remarks of children from dangerous lead exposures; the Acting Majority Leader in today’s Record on H.R. 1464, to assist in the conservation of rare page S8961.) felids and rare canids by supporting and providing financial resources for the conservation programs of nations within the range of rare felid and rare canid Committee Meetings populations and projects of persons with dem- onstrated expertise in the conservation of rare felid (Committees not listed did not meet) and rare canid populations, with an amendment in the nature of a substitute; NOMINATIONS H.R. 1771, to assist in the conservation of cranes Committee on Commerce, Science, and Transportation: by supporting and providing, through projects of Committee concluded a hearing to examine the persons and organizations with expertise in crane nominations of Cheryl Feldman Halpern, of New conservation, financial resources for the conservation Jersey, David H. Pryor, of Arkansas, and Elizabeth programs of countries the activities of which directly Sembler, of Florida, who were both introduced by or indirectly affect cranes and the ecosystems of Senator Nelson (FL), Bruce M. Ramer, of California, cranes; and Loretta Cheryl Sutliff, of Nevada, each to be a H.R. 3224, to amend the National Dam Safety Member of the Board of Directors of the Corporation Program Act to establish a program to provide grant for Public Broadcasting, after the nominees testified assistance to States for the rehabilitation and repair and answered questions in their own behalf. of deficient dams; H.R. 5001, to authorize the Administrator of BUSINESS MEETING General Services to provide for the redevelopment of Committee on Environment and Public Works: Com- the Old Post Office Building located in the District mittee ordered favorably reported the following: of Columbia;

VerDate Aug 31 2005 05:58 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D17SE8.REC D17SEPT1 jbell on PROD1PC69 with DIGEST D1108 CONGRESSIONAL RECORD — DAILY DIGEST September 17, 2008

S. 3489, to require the Administrator of the Envi- FBI ronmental Protection Agency to conduct a study on Committee on the Judiciary: Committee concluded an black carbon emissions; oversight hearing to examine the Federal Bureau of An original bill to restore the value of every Investigation (FBI), after receiving testimony from American in environmental decisions; Robert S. Mueller, III, Director, Federal Bureau of S. 1828, to require the Administrator of the Envi- Investigation, Department of Justice. ronmental Protection Agency to conduct a study of the feasibility of increasing the consumption in the NOMINATION United States of certain ethanol-blended gasoline, with an amendment; and Committee on Veterans’ Affairs: Committee concluded a An original bill to amend the Federal Water Pol- hearing to examine the nomination of Patrick W. lution Control Act and the Safe Drinking Water Act Dunne, of New York, to be Under Secretary for to improve water and wastewater infrastructure in Benefits of the Department of Veterans Affairs, after the United States. the nominee testified and answered questions in his GEORGIA own behalf. Committee on Foreign Relations: Committee concluded ADVERTISING OF MEDICAL DEVICES a hearing to examine Russia’s aggression against Georgia, focusing on the consequences and responses Special Committee on Aging: Committee concluded a relative to the relationship between the United hearing to examine direct-to-consumer medical de- States and Russia, after receiving testimony from vice advertising, focusing on marketing and medi- William J. Burns, Under Secretary of State for Polit- cine, after receiving testimony from Daniel Schulz, ical Affairs. Director, Center for Devices and Radiological Health, Food and Drug Administration, Department 401(K) AND SAVING FOR RETIRMENT of Health and Human Services; Kevin J. Bozic, Uni- Committee on Health, Education, Labor, and Pensions: versity of California, San Francisco Department of Committee concluded a hearing to examine 401(k) Orthopaedic Surgery, on behalf of the American As- plan fee disclosure, focusing on helping workers save sociation of Orthopaedic Surgeons and American As- for retirement, after receiving testimony from Brad- sociation of Hip and Knee Surgeons; William E. ford P. Campbell, Assistant Secretary of Labor for Boden, University at Buffalo Schools of Medicine the Employee Benefits Security Administration; and Public Health, Buffalo, New York; George A. Olena Berg Lacy, Pension Rights Center, Wash- Diamond, Cedars Sinai Medical Center, Los Angeles, ington, D.C.; Paul Hunt, Millennium Advisory Serv- California; Ruth S. Day, Duke University Medical ices, Inc., Glen Allen, Virginia, on behalf of the Cognition Laboratory, Durham, North Carolina; and United States Chamber of Commerce; and R. Theo- Ami Gadhia, Consumers Union, and Stephen J. Ubl, dore Benna, 401(k) Association, Jersey Shore, Penn- Advanced Medical Technology Association sylvania. (AdvaMed), both of Washington, D.C. h House of Representatives Act to bring greater transparency and accountability Chamber Action to commodity markets (H. Rept. 110–859). Public Bills and Resolutions Introduced: 18 pub- Pages H8495–96 lic bills, H.R. 6918–6935; and 14 resolutions, H. Chaplain: The prayer was offered by the guest Con. Res. 418–419; and H. Res. 1448–1459 were Chaplain, Rev. Danny Davis, Mount Hermon Bap- introduced. Pages H8396–97 tist Church, Danville, Virginia. Page H8279 Additional Cosponsors: Pages H8397–98 National Capital Security and Safety Act: The Report Filed: A report was filed today as follows: House passed H.R. 6842, to require the District of H. Res. 1449, providing for consideration of the Columbia to revise its laws regarding the use and bill (H.R. 6604) to amend the Commodity Exchange possession of firearms as necessary to comply with the requirements of the decision of the Supreme Court in the case of District of Columbia v. Heller,

VerDate Aug 31 2005 05:58 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D17SE8.REC D17SEPT1 jbell on PROD1PC69 with DIGEST September 17, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D1109 in a manner that protects the security interests of fee eligibility for certain noise compatibility the Federal government and the people who work in, projects—clearing the measure for the President; reside in, or visit the District of Columbia and does Pages H8336–38 not undermine the efforts of law enforcement, home- Smithsonian Institution Facilities Authorization land security, and military officials to protect the Act of 2008: H.R. 6627, to authorize the Board of Nation’s capital from crime and terrorism, by a re- Regents of the Smithsonian Institution to carry out corded vote of 266 yeas to 152 nays with 1 voting certain construction projects; Pages H8350–51 ‘‘present’’, Roll No. 601. Consideration of the meas- Expand and Preserve Home Ownership Through ure began on Tuesday, September 16th. Counseling Act: H.R. 3019, amended, to establish Pages H8282–86 an Office of Housing Counseling to carry out and Agreed to amend the title so as to read: ‘‘To re- coordinate the responsibilities of the Department of store Second Amendment rights in the District of Housing and Urban Development regarding coun- Columbia.’’. Page H8286 seling on homeownership and rental housing issues, Accepted: to make grants to entities for providing such coun- Childers amendment in the nature of a substitute seling, and to launch a national housing counseling (printed in H. Rept. 110–852) that was debated on advertising campaign; Pages H8354–58 Tuesday, September 16th that strikes all after the Frank Melville Supportive Housing Investment enacting clause and inserts a complete new text enti- Act of 2008: H.R. 5772, amended, to amend section tled ‘‘Second Amendment Enforcement Act’’ (by a 811 of the Cranston-Gonzalez National Affordable recorded vote of 260 ayes to 160 noes with 1 voting Housing Act to improve the program under such ‘‘present’’, Roll No. 600). Pages H8283–84 section for supportive housing for persons with dis- H. Res. 1434, the rule providing for consideration abilities; Pages H8358–63 of the bill, was agreed to on Tuesday, September National Association of Registered Agents and 16th. Brokers Reform Act of 2008: H.R. 5611, amended, Suspensions: The House agreed to suspend the rules to reform the National Association of Registered and pass the following measures: Agents and Brokers; Pages H8363–68 ADA Amendments Act of 2008: S. 3406, to re- Civil Rights History Project Act of 2008: H.R. store the intent and protections of the Americans 998, amended, to direct the Librarian of Congress with Disabilities Act of 1990—clearing the measure and the Secretary of the Smithsonian Institution to for the President; Pages H8286–98 carry out a joint project at the Library of Congress SSI Extension for Elderly and Disabled Refu- and the National Museum of African American His- gees Act: Agreed to the Senate amendments to H.R. tory and Culture to collect video and audio record- ings of personal histories and testimonials of individ- 2608, to amend section 402 of the Personal Respon- uals who participated in the Civil Rights movement; sibility and Work Opportunity Reconciliation Act of Pages H8369–71 1996 to provide, in fiscal years 2009 through 2011, extensions of supplemental security income for refu- Expressing the sense of Congress that the De- gees, asylees, and certain other humanitarian immi- partment of Defense and the Federal Voting As- grants, and to amend the Internal Revenue Code of sistance Program should take certain additional 1986 to collect unemployment compensation debts and timely measures to ensure that members of the resulting from fraud—clearing the measure for the Armed Forces and their dependents are provided with reasonable information on how to register to President; Pages H8298–H8304 vote and vote in the 2008 general elections: H. Fostering Connections to Success and Increasing Con. Res. 388, amended, to express the sense of Adoptions Act of 2008: H.R. 6893, to amend parts Congress that the Department of Defense and the B and E of title IV of the Social Security Act to con- Federal Voting Assistance Program should take cer- nect and support relative caregivers, improve out- tain additional and timely measures to ensure that comes for children in foster care, provide for tribal members of the Armed Forces and their dependents foster care and adoption access, improve incentives are provided with reasonable information on how to for adoption; Pages H8304–19 register to vote and vote in the 2008 general elec- Amending title 49, United States Code, to ex- tions; Pages H8371–73 pand passenger facility fee eligibility for certain Agreed to amend the title so as to read: ‘‘To ex- noise compatibility projects: S. 996, to amend title press the sense of Congress that the Department of 49, United States Code, to expand passenger facility Defense and the Federal Voting Assistance Program should take certain additional and timely measures

VerDate Aug 31 2005 05:58 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D17SE8.REC D17SEPT1 jbell on PROD1PC69 with DIGEST D1110 CONGRESSIONAL RECORD — DAILY DIGEST September 17, 2008 to ensure that members of the Armed Forces and Michael A. Marzano Department of Veterans their dependents and citizens living overseas are pro- Affairs Outpatient Clinic Designation Act: H.R. vided with reasonable information on how to register 1594, to designate the Department of Veterans Af- to vote and vote in the 2008 general elections.’’. fairs Outpatient Clinic in Hermitage, Pennsylvania, Page H8373 as the Michael A. Marzano Department of Veterans Veteran Voting Support Act: H.R. 6625, amend- Affairs Outpatient Clinic, by a 2/3 yea-and-nay vote ed, to require the Secretary of Veterans Affairs to of 410 yeas with none voting ‘‘nay,’’ Roll No. 604. permit facilities of the Department of Veterans Af- Page H8353 fairs to be designated as voter registration agencies; Authorizing and directing the Committee on the Pages H8373–75 Judiciary to inquire whether the House should Expressing the sense of the Congress that the impeach G. Thomas Porteous, a judge of the United States flag flown over the United States United States District Court for the Eastern Dis- Capitol should be lowered to half-mast one day trict of Louisiana: The House agreed to discharge each month in honor of the brave men and women from committee and agree to H. Res. 1448, to au- from the United States who have lost their lives in thorize and direct the Committee on the Judiciary to military conflicts: H. Con. Res. 61, to express the inquire whether the House should impeach G. sense of the Congress that the United States flag Thomas Porteous, a judge of the United States Dis- flown over the United States Capitol should be low- trict Court for the Eastern District of Louisiana. ered to half-mast one day each month in honor of Pages H8353–54 the brave men and women from the United States Suspensions—Proceedings Postponed: The House who have lost their lives in military conflicts; and debated the following measures under suspension of Pages H8375–77 the rules. Further proceedings were postponed: Celebrating 75 years of effective State-based al- Supporting the goals and ideals of National cohol regulation and recognizing State lawmakers, Adoption Day and National Adoption Month: H. regulators, law enforcement officers, the public Res. 1432, to support the goals and ideals of Na- health community and industry members for cre- tional Adoption Day and National Adoption Month ating a workable, legal, and successful system of by promoting national awareness of adoption and the alcoholic beverage regulation, distribution, and children in foster care awaiting families, to celebrate sale: H. Con. Res. 415, to celebrate 75 years of ef- children and families involved in adoption, to recog- fective State-based alcohol regulation and to recog- nize current programs and efforts designed to pro- nize State lawmakers, regulators, law enforcement of- mote adoption, and to encourage people in the ficers, the public health community and industry United States to seek improved safety, permanency, members for creating a workable, legal, and success- and well-being for all children; Pages H8319–24 ful system of alcoholic beverage regulation, distribu- tion, and sale. Pages H8377–79 Jacob M. Lowell Post Office Building Designa- tion Act: H.R. 6681, to designate the facility of the Suspensions—Proceedings Resumed: The House United States Postal Service located at 300 Vine agreed to suspend the rules and pass the following Street in New Lenox, Illinois, as the ‘‘Jacob M. Low- measures which were debated on Monday, September ell Post Office Building’’; Pages H8324–25 15th: Mayor William ‘‘Bill’’ Sandberg Post Office Celebrating the 120-year partnership between Building Designation Act: H.R. 6229, to designate the Government and State veterans homes: H. Res. 1335, to celebrate the 120-year partnership between the facility of the United States Postal Service lo- the Government and State veterans homes, by a cated at 2523 7th Avenue East in North Saint Paul, 2/3 yea-and-nay vote of 411 yeas with none voting Minnesota, as the ‘‘Mayor William ‘Bill’ Sandberg Post Office Building’’; Pages H8325–28 ‘‘nay,’’ Roll No. 602; Pages H8351–52 Lieutenant Colonel Clement C. Van Wagoner Army SPC Daniel Agami Post Office Building Department of Veterans Affairs Clinic Designa- Designation Act: H.R. 6338, to designate the facil- tion Act: S. 2339, to designate the Department of ity of the United States Postal Service located at Veterans Affairs clinic in Alpena, Michigan, as the 4233 West Hillsboro Boulevard in Coconut Creek, ‘‘Lieutenant Colonel Clement C. Van Wagoner De- Florida, as the ‘‘Army SPC Daniel Agami Post Office partment of Veterans Affairs Clinic,’’ by a 2/3 yea- Building’’; Pages H8328–29 and-nay vote of 412 yeas with none voting ‘‘nay,’’ Mickey Mantle Post Office Building Designa- Roll No. 603; and Pages H8352–53 tion Act: S. 171, to designate the facility of the

VerDate Aug 31 2005 05:58 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D17SE8.REC D17SEPT1 jbell on PROD1PC69 with DIGEST September 17, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D1111 United States Postal Service located at 301 Com- University to build a vibrant and dynamic commu- merce Street in Commerce, Oklahoma, as the ‘‘Mick- nity; Page H8368 ey Mantle Post Office Building’’; Pages H8329–31 Honoring the life and music of the late Isaac CeeCee Ross Lyles Post Office Building Designa- Hayes, a passionate humanitarian, whose music tion Act: H.R. 6772, to designate the facility of the laid the foundation for many musical styles, in- United States Postal Service located at 1717 Orange cluding R&B, disco, and rap: H. Res. 1425, to Avenue in Fort Pierce, Florida, as the ‘‘CeeCee Ross honor the life and music of the late Isaac Hayes, a Lyles Post Office Building’’; Pages H8331–32 passionate humanitarian, whose music laid the foun- Celebrating the 221st anniversary of the signing dation for many musical styles, including R&B, of the Constitution of the United States of Amer- disco, and rap; Page H8368 ica: H. Res. 1356, to celebrate the 221st anniversary Recognizing the FBI on their 100th anniver- of the signing of the Constitution of the United sary: H. Con. Res. 410, to recognize the FBI on States of America; Pages H8332–36 their 100th anniversary; Page H8369 Recognizing North Platte, Nebraska, as ‘‘Rail School Safety Enhancements Act of 2008: H.R. Town USA’’: H. Con. Res. 408, to recognize North 2352, amended, to enhance the safety of elementary Platte, Nebraska, as ‘‘Rail Town USA’’; schools, secondary schools, and institutions of higher Pages H8338–41 education; Page H8369 John F. Kennedy Center Reauthorization Act of Tule River Tribe Water Development Act: H.R. 2008: Agree to the Senate amendment to H.R. 2535, to direct the Secretary of the Interior to con- 3986, to amend the John F. Kennedy Center Act to duct a study on the feasibility and suitability of con- authorize appropriations for the John F. Kennedy structing a storage reservoir, outlet works, and a de- Center for the Performing Arts; Pages H8341–43 livery system for the Tule River Indian Tribe of Great Lakes Legacy Reauthorization Act of California to provide a water supply for domestic, 2008: H.R. 6460, amended, to amend the Federal municipal, industrial, and agricultural purposes; Water Pollution Control Act to provide for the re- Page H8369 mediation of sediment contamination in areas of con- Jackson Gulch Rehabilitation Act of 2008: H.R. cern; and Pages H8343–49 3437, amended, to authorize the Secretary of the In- Amending Public Law 108–331 to provide for terior to carry out the Jackson Gulch rehabilitation the construction and related activities in support of project in the State of Colorado; Page H8369 the Very Energetic Radiation Imaging Telescope Shoshone-Paiute Tribes of the Duck Valley Res- Array System (VERITAS) project in Arizona: S.J. ervation Water Rights Settlement Act: H.R. 5293, Res. 35, to amend Public Law 108–331 to provide amended, to approve the settlement of the water for the construction and related activities in support rights claims of the Shoshone-Paiute Tribes of the of the Very Energetic Radiation Imaging Telescope Duck Valley Reservation in Nevada and to require Array System (VERITAS) project in Arizona. the Secretary of the Interior to carry out the settle- Pages H8349–50 ment; Page H8369 Order of Procedure: The House agreed by unani- Authorizing the Secretary of Commerce to sell or mous consent that the motions to suspend the rules exchange certain National Oceanic and Atmos- relating to the following measures be considered as pheric Administration property located in Norfolk, adopted in the form considered by the House on Virginia: H.R. 5350, amended, to authorize the Monday, September 15th: Secretary of Commerce to sell or exchange certain Honoring Toby Keith’s commitment to members National Oceanic and Atmospheric Administration of the Armed Forces: H. Res. 1255, to honor Toby property located in Norfolk, Virginia; Page H8369 Keith’s commitment to members of the Armed Colonel Ola Lee Mize Veterans Clinic Designa- Forces; Page H8368 tion Act: H.R. 5736, to designate the Department Celebrating the 100th anniversary of the Uni- of Veterans Affairs outpatient clinic in Gadsden, versity of Nebraska at Omaha and recognizing the Alabama, as the Colonel Ola Lee Mize Veterans partnership between the City of Omaha, its citi- Clinic; Page H8369 zens, and the University to build a vibrant and National Silver Alert Act: H.R. 6064, amended, dynamic community: H. Res. 1372, amended, to to encourage, enhance, and integrate Silver Alert celebrate the 100th anniversary of the University of plans throughout the United States; Page H8369 Nebraska at Omaha and to recognize the partnership Agreed to amend the title so as to read: ‘‘To en- between the City of Omaha, its citizens, and the courage, enhance, and integrate Silver Alert plans

VerDate Aug 31 2005 05:58 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D17SE8.REC D17SEPT1 jbell on PROD1PC69 with DIGEST D1112 CONGRESSIONAL RECORD — DAILY DIGEST September 17, 2008 throughout the United States, to authorize grants for MISCELLANEOUS MEASURES the assistance of organizations to find missing adults, Committee on Energy and Commerce. Ordered reported and for other purposes.’’. Page H8369 the following bills: H. 6469, amended, Organ Missing Alzheimer’s Disease Patient Alert Pro- Transplant Authorization; S. 1760 Healthy Start Re- gram Reauthorization of 2008: H.R. 6503, to authorization Act of 2007; H.R. 1532, Comprehen- amend the Violent Crime Control and Law Enforce- sive Tuberculosis Elimination Act of 2007; H.R. ment Act of 1994 to reauthorize the Missing Alz- 2994, amended. National Pain Care Policy Act of heimer’s Disease Patient Alert Program; and 2007; H.R. 5265, amended, Paul D. Wellstone Page H8369 Muscular Dystrophy Community Assistance, Re- Extending the authority for the United States search, and Education Amendments of 2008; H.R. Supreme Court Police to protect court officials off 6901, Meth Free Families and Communities Act; the Supreme Court grounds: H.R. 6855, to extend 1014, amended, Heart Disease Education, Analysis the authority for the United States Supreme Court Research, and Treatment for Women Act; H.R. Police to protect court officials off the Supreme 6353, amended, To amend, title VII of the Public Health Service Act to establish a loan program for Court grounds. Page H8369 eligible hospitals to establish residency training pro- Senate Message: Message received from the Senate grams hospitals to establish residency training pro- today appears on page H8331. grams; H.R. 1076, HIPPA Recreational Injury Senate Referrals: S. 3023 was held at the desk and Technical Correction Act; and H.R. 758, amended, S. Con. Res. 87 was referred to the Committee on Breast Cancer Patient Protection Act. Foreign Affairs. Page H8394 MISCELLANEOUS MEASURES Quorum Calls—Votes: Two yea-and-nay votes and Committee on Financial Services: Began consideration of three recorded votes developed during the pro- the following bills: H.R. 6694, FHA Seller-Financed ceedings of today and appear on pages H8284, Downpayment Reform and Risk-Based Pricing Au- H8285–86, H8351–52, H8352–53, and H8353. thorization Act of 2008; H.R. 6890, Payments Sys- There were no quorum calls. tem Protection Act of 2008; H.R. 3019, Expand and Adjournment: The House met at 10:00 a.m. and Preserve Home Ownership Through Counseling Act; adjourned at 10:30 p.m. H.R. 6642, National Consumer Cooperative Bank Act Amendments of 2008; and H.R. 6871, Expe- dited Funds Availability Dollar Limits Adjustment Committee Meetings Act of 2008. FOOD SAFETY FORECLOSURE MITIGATION EFFORTS Committee on Appropriations: Subcommittee on Agri- Committee on Financial Services: Held a hearing enti- culture, Rural Development, Food and Drug Admin- tled ‘‘Implementation of the Hope for Homeowners istration, and Related Agencies held a hearing on Program and A Review of Foreclosure Mitigation Ef- Food Safety—FDA. Testimony was heard from forts. ‘‘Testimony was heard from Sheila Bair, Chair- David Acheson, Associate Commissioner, FDA, De- man, FDIC; Elizabeth S. Duke, Governor, Federal partment of Health and Human Services; and public Reserve Board of Governors; Phillip L. Swagel, As- witnesses. sistant Secretary, Economic Policy, Department of ACCESS TO CABLE TV the Treasury; Brian D. Montgomery Assistant Sec- retary, Housing Commission, Department of Hous- Committee on Appropriations: Subcommittee on Finan- ing and Urban Development; Thomas J Curry, Di- cial Services and General Government, on Public, rector, FDIC; and public witnesses. Educational, and Governmental (PEG) Access to Cable Television. Testimony was heard from Monica STABILITY AND DEMOCRACY FOR Shah Desai, Media Bureau, FCC; and public wit- GEORGIA ACT 2006 nesses. Committee on Foreign Affairs: Approved a motion that WORKPLACE HEALTH STANDARDS the Chairman request that H.R. 6911, amended, Stability and Democracy for Georgia Act of 2008, be Committee on Education and Labor: Subcommittee on placed on the suspension Calendar. Workforce Protections held a hearing on the Secret Rule of the Department of Labor’s Worker Health EXPORTING TOXIC TRASH Risk Assessment Proposal. Testimony was heard Committee on Foreign Affairs: Subcommittee on Asia, from Leon R. Sequeira, Assistant Secretary, Policy, the Pacific and The Global Environment held a hear- Department of Labor; and public witnesses. ing on Exporting Toxic Trash: Are We Dumping

VerDate Aug 31 2005 05:58 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D17SE8.REC D17SEPT1 jbell on PROD1PC69 with DIGEST September 17, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D1113 Our Electronic Waste on Poorer Countries? Testi- ing a Disaster.’’ Testimony was heard from public mony was heard from John B. Stephenson, Director, witnesses. Natural Resources and Environment, GAO. TRANSPORTATION WORKERS ID FAA AIRCRAFT CERTIFICATION Committee on Homeland Security: Subcommittee on Committee on Transportation and Infrastructure: Sub- Border Maritime and Global Counterterrorism held committee on Aviation held a hearing on FAA Air- a hearing entitled ‘‘Transportation Worker Identi- craft Certification: Alleged Regulatory Lapses in the fication Credential: A Status Update.’’ Testimony Certification and Manufacture of the Eclipse was heard from the following officials of the Depart- EA–500. Testimony was heard from the following ment of Homeland Security: RADM James Watson, officials of the Department of Transportation: Calvin USCG, Director, Prevention Policy, Marine and Sur- L. Scovel III, Inspector General; Dennis Wallace, face Credentialing Safety Security and Stewardship, Software Engineer, Rotorcraft Directorate, Aircraft U.S. Coast Guard; and Masurine Fanguy, Acting Di- Certification Service; Ford Lauer, Manager, San An- rector Maritime and Surface Credential Transpor- tonio Manufacturing Inspector, District Office; tation; Stephen Lord, Acting Director Homeland Se- Maryetta Broyles, Technical Program Management curity ab Justice and Jusice Issues; and public wit- Specialist, Manufacturing Inspection Office; Nicholas nesses. A. Sabatini, Associate Administrator, Aviation Safe- HOMELAND SECURITY FAILED ty; John J. Hickey, Director, Aircraft Certification CONTRACTS Service; Ronald Wojnar, Senior Advisor, Aircraft Maintenance Division, Aircraft Certification Service; Committee on Homeland Security: Subcommittee on all with the FAA; and Tom Haueter, Director, Of- Management, Investigations and Oversight, hearing fice of Aviation Safety, National Transportation Safe- entitled ‘‘Waste, Abuse and Mismanagement: Calcu- ty Board and a public witness. lating the Cost of DHS Failed Contracts.’’ Testimony was heard from Richardson K. Gunderson, Deputy FILIPINO VETERANS EQUITY ACT Chief Procurement Office; and James L. Taylor, Dep- uty Inspector General, both with the Department of Committee on Veterans’ Affairs: Ordered reported, as Homeland Secretary; John P. Hutton, Director, Ac- amended, H.R. 6897, Filipino Veterans Equity Act quisition and Sourcing Management, GAO; and of 2008. public witnesses. THE ‘‘COMMODITY MARKETS AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT TO WELL-BEING OF TRANSPARENCY AND ACCOUNTABILITY SOLDIERS AND THEIR FAMILIES ACT OF 2008’’ Committee on the Judiciary: Ordered reported, as Committee on Rules: Granted, by a non-record vote, a amended, H.R. 6020, To amend the Immigration closed rule providing for consideration of H.R. 6604, and Nationality Act to protect the well-being of sol- the ‘‘Commodity Markets Transparency and Ac- ders and their families, and for other purposes. countability Act of 2008.’’ The rule provides one Adopted a resolution establishing a task force to hour of general debate equally divided and con- conduct an inquiry into whether U.S. District Judge trolled by the chairman and ranking minority mem- G. Thomas Porteous should be impeached. ber of the Committee on Agriculture. The resolution waives all points of order against GOVERNMENT INFORMATION SERVICES consideration of the bill except those arising under OFFICE clause 9 or 10 of rule XXI. The resolution provides Committee on Oversight and Government Reform: Sub- that the amendment in the nature of a substitute committee on Information Policy, Census and Na- printed in the Rules Committee report shall be con- tional Archives, hearing on Implementation of the sidered as adopted and that the bill, as amended, Office of Government Information Services. Testi- shall be considered as read. The resolution waives all mony was heard from Allen Weinstein, Archivist, points of order against the bill, as amended. National Archives and Records Administration; and The resolution provides one motion to recommit public witnesses. the bill. The resolution permits the Chair, during BUSINESS DISASTER SAVINGS ACCOUNTS consideration of the bill, to postpone further consid- Committee on Small Business: Subcommittee on Fi- eration of it to a time designated by the Speaker. nance, and Tax held a hearing entitled ‘‘Disaster Sav- Testimony was heard from Chairman Peterson of ings Accounts: Protections for Small Businesses Dur- Minnesota.

VerDate Aug 31 2005 05:58 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D17SE8.REC D17SEPT1 jbell on PROD1PC69 with DIGEST D1114 CONGRESSIONAL RECORD — DAILY DIGEST September 17, 2008

framework, H.R. 6073, to provide that Federal employees Joint Meetings receiving their pay by electronic funds transfer shall be ROLE OF OSCE INSTITUTIONS given the option of receiving their pay stubs electroni- cally, to amend title 5, United States Code, to provide Commission on Security and Cooperation in Europe: Com- for 8 weeks of paid leave for Federal employees giving mission concluded a hearing to examine the role of birth, S. 3350, to provide that claims of the United Organization for Security and Cooperation in Europe States to certain documents relating to Franklin Delano (OSCE) institutions in advancing human rights and Roosevelt shall be treated as waived and relinquished in democracy, focusing on the roles of each institution, certain circumstances, S. 3477, to amend title 44, United their contributions to strengthening human rights, States Code, to authorize grants for Presidential Centers and the challenges faced as countries seek to curtail of Historical Excellence, H.R. 5975 and S. 3317, bills to the Organization’s work, after receiving testimony designate the facility of the United States Postal Service from Janez Lenarcic, Office for the Democratic Insti- located at 101 West Main Street in Waterville, New tutions and Human Rights, Warsaw, Poland, and R. York, as the ‘‘Cpl. John P. Sigsbee Post Office’’, H.R. Spencer Oliver, Secretary General of the Parliamen- 6092, to designate the facility of the United States Postal tary Assembly, Copenhagen, Denmark, both of the Service located at 101 Tallapoosa Street in Bremen, Geor- gia, as the ‘‘Sergeant Paul Saylor Post Office Building’’, Organization for Security and Cooperation in Europe S. 3309, to designate the facility of the United States (OSCE). Postal Service located at 2523 7th Avenue East in North f Saint Paul, Minnesota, as the Mayor William ‘‘Bill’’ Sandberg Post Office Building, H.R. 6437, to designate COMMITTEE MEETINGS FOR THURSDAY, the facility of the United States Postal Service located at SEPTEMBER 18, 2008 200 North Texas Avenue in Odessa, Texas, as the ‘‘Cor- (Committee meetings are open unless otherwise indicated) poral Alfred Mac Wilson Post Office’’, and the nomina- tions of Ruth Y. Goldway, of California, to be a Commis- Senate sioner of the Postal Regulatory Commission, and Carol Committee on Banking, Housing, and Urban Affairs: to Waller Pope, of the District of Columbia, and Thomas hold hearings to examine transparency in accounting, pro- M. Beck, of Virginia, both to be a Member of the Federal posed changes to accounting for off-balance sheet entities, Labor Relations Authority, Time to be announced, Room 2:30 p.m., SD–538. to be announced. Committee on Commerce, Science, and Transportation: Sub- Subcommittee on Oversight of Government Manage- committee on Surface Transportation and Merchant Ma- ment, the Federal Workforce, and the District of Colum- rine Infrastructure, Safety and Security, to hold an over- bia, to hold hearings to examine the homeland security sight hearing to examine bus safety, 2:30 p.m., SR–253. risks associated with the upcoming presidential transition, Committee on Environment and Public Works: to hold over- the Department of Homeland Security’s (DHS) planning sight hearings to examine clean-up efforts at federal facili- for the transition, and what remains to be done to pre- ties, 10 a.m., SD–406. pare for the transition, 2 p.m., SD–342. Committee on Foreign Relations: to hold hearings to exam- Committee on Indian Affairs: to hold oversight hearings ine the Agreement for Peaceful Nuclear Cooperation with to examine federal declinations to prosecute crimes in In- India, 2:30 p.m., SD–419. dian country, 9:30 a.m., SD–628. Committee on Homeland Security and Governmental Affairs: Committee on the Judiciary: business meeting to consider business meeting to consider S. 3474, to amend title 44, S. 3259, to amend title 11, United States Code, with re- United States Code, to enhance information security of spect to the priority of certain high cost credit debts, the Federal Government, S. 3384, to amend section H.R. 3971, to encourage States to report to the Attorney 11317 of title 40, United States Code, to require greater General certain information regarding the deaths of indi- accountability for cost overruns on Federal IT investment viduals in the custody of law enforcement agencies, S. projects, H.R. 2631, to strengthen efforts in the Depart- Res. 540, recognizing the historical significance of the ment of Homeland Security to develop nuclear forensics sloop-of-war USS Constellation as a reminder of the par- capabilities to permit attribution of the source of nuclear ticipation of the United States in the transatlantic slave material, H.R. 6098, to amend the Homeland Security trade and of the efforts of the United States to end the Act of 2002 to improve the financial assistance provided slave trade, the nominations of Clark Waddoups, to be to State, local, and tribal governments for information United States District Judge for the District of Utah, Mi- sharing activities, H.R. 3815, to amend the Homeland chael M. Anello, to be United States District Judge for Security Act of 2002 to require the Secretary of Home- the Southern District of California, Mary Stenson Scriven, land Security to make full and efficient use of open source to be United States District Judge for the Middle District information to develop and disseminate open source of Florida, Christine M. Arguello, to be United States homeland security information products, S. 3176, to District Judge for the District of Colorado, Philip A. amend the Robert T. Stafford Disaster Relief and Emer- Brimmer, to be United States District Judge for the Dis- gency Assistance Act to authorize the President to pro- trict of Colorado, and Gregory G. Garre, of Maryland, to vide mental health and substance abuse services, an origi- be Solicitor General of the United States, George W. nal bill to establish a controlled unclassified information Venables, to be United States Marshal for the Southern

VerDate Aug 31 2005 05:58 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D17SE8.REC D17SEPT1 jbell on PROD1PC69 with DIGEST September 17, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D1115

District of California, and A. Brian Albritton, to be Committee on Natural Resources, oversight hearing on Re- United States Attorney for the Middle District of Florida, cent Interior Department Inspector General Investigations all of the Department of Justice, and the authorization for on Federal Oil and Gas Royalty Collections, 10 a.m., subpoenas relating to the Department of Justice Office of 1324 Longworth. Legal Counsel, 10 a.m., SH–216. Subcommittee on Insular Affairs, oversight hearing on Select Committee on Intelligence: to hold closed hearings to the Federal Court Options for American Samoa, 2 p.m., examine certain intelligence matters, 2:30 p.m., SH–219. 1324 Longworth. Committee on Oversight and Government Reform, Sub- House Committees committee on Domestic Policy, hearing on Gaming the Tax Code: Public Subsidies, Private Profits, and Big Committee on Armed Services, Subcommittee on Ter- League Sports in New York, 10 a.m., 2154 Rayburn. rorism, Unconventional Threats and Capabilities, hearing Committee on Science and Technology, Subcommittee on on Lessons for Countering al Qa’ida and the Way Ahead, Research and Science Education, hearing on the Role of 10 a.m., 2118 Rayburn. Social Sciences in Public Health, 10 a.m., 2318 Rayburn. Committee on Energy and Commerce, Subcommittee on Committee on Small Business, hearing entitled ‘‘Making Health, hearing entitled ‘‘America’s Need for Health Re- Health Care Reform Work for Small Business,’’ 10:30 form,’’ 9:30 a.m., 2123 Rayburn. a.m., 1539 Longworth. Subcommittee on Oversight and Investigations, hearing Committee on Transportation and Infrastructure, Sub- entitled ‘‘Science Under Siege: Scientific Integrity at the committee on Highways and Transit, hearing on Trans- Environmental Protection Agency’’ 10 a.m., 2322 Ray- portation Planning, 10 a.m., 2167 Rayburn. burn. Subcommittee on Water Resources and Environment, Committee on Financial Services, hearing entitled ‘‘Auc- hearing on Emerging Contaminants in U.S. Waters, 2 tion Rate Securities Market: A Review of Problems and p.m., 2167 Rayburn. Potential Resolutions,’’ 10 a.m., 2128 Rayburn. Committee on Veterans’ Affairs, Subcommittee on Dis- Committee on Foreign Affairs, Subcommittee on Inter- ability Assistance and Memorial Affairs, hearing on Ex- national Organizations, Human Rights, and Oversight, amining the Effectiveness of the Veterans Benefits Ad- hearing on Families Torn Apart: Human Rights and U.S. ministration’s Training, Performance Management and Restrictions on Cuban-American Travel, 10 a.m., 2172 Accountability, 10 a.m., 340 Cannon. Rayburn. Committee on Ways and Means, to continue hearings on Committee on Homeland Security, to continue hearings en- Policy Options to Prevent Climate Change, 10:30 a.m., titled ‘‘Management, Missteps, and Missed Benchmarks: 1100 Longworth. Why the Virtual Fence Has Not Become a Realty,’’ 10 Permanent Select Committee on Intelligence, executive, hear- a.m., 311 Cannon. ing on Cyber Security, 9 a.m., H–405 Capitol. Committee on the Judiciary, Subcommittee on Commer- Subcommittee on Oversight and Investigations, execu- cial and Administrative Law, hearing on H.R. 5793, Cell tive, to meet on ongoing matters/reports, 1 p.m., H–405 Tax Fairness Act of 2008, 1 p.m., 2141 Rayburn. Capitol. Subcommittee on the Constitution, Civil Rights and Subcommittee on Terrorism, Human Intelligence, Civil Liberties, to markup H.R. 5607, State Secret Pro- Analysis and Counterintelligence, executive, on Russia, tection Act of 2008, 10 a.m., 2141 Rayburn. 2:30 p.m., H–405 Capitol. Subcommittee on Crime, Terrorism, and Homeland Se- Select Committee on Emerging Independence and Global curity, hearing on the Department of Justice, Office of Warming, hearing entitled ‘‘The Green Road to Economic Justice Programs Oversight, 11:30 a.m., 2237 Rayburn. Recovery,’’ 1:30 p.m., 175 Rayburn.

VerDate Aug 31 2005 05:58 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0627 Sfmt 0627 E:\CR\FM\D17SE8.REC D17SEPT1 jbell on PROD1PC69 with DIGEST D1116 CONGRESSIONAL RECORD — DAILY DIGEST September 17, 2008

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, September 18 10 a.m., Thursday, September 18

Senate Chamber House Chamber Program for Thursday: Senate will be in a period of Program for Thursday: To be announced. morning business.

Extensions of Remarks, as inserted in this issue

HOUSE Johnson, Timothy V., Ill., E1815 Poe, Ted, Tex., E1820 Kucinich, Dennis J., Ohio, E1821 Pomeroy, Earl, N.D., E1820 Allen, Thomas H., Me., E1818 Langevin, James R., R.I., E1828 Ruppersberger, C.A. Dutch, Md., E1813 Barrett, J. Gresham, S.C., E1815, E1821 Levin, Sander M., Mich., E1826 Rush, Bobby L., Ill., E1823 Capito, Shelley Moore, W.Va., E1814 Lewis, Ron, Ky., E1820 Sarbanes, John P., Md., E1827 Davis, Danny K., Ill., E1828 McCarthy, Carolyn, N.Y., E1823 Schakowsky, Janice D., Ill., E1816 Drake, Thelma D., Va., E1814 McCaul, Michael T., Tex., E1816 Sessions, Pete, Tex., E1813 Ellison, Kieth, Minn., E1814 McCollum, Betty, Minn., E1827 Shimkus, John, Ill., E1819 Engel, Eliot L., N.Y., E1822 McGovern, James P., Mass., E1827 Shuler, Heath, N.C., E1819 Etheridge, Bob, N.C., E1828 McMorris Rodgers, Cathy, Wash., E1821 Skelton, Ike, Mo., E1816 Everett, Terry, Ala., E1818 Mahoney, Tim, Fla., E1816 Smith, Adrian, Nebr., E1819 Foster, Bill, Ill., E1826 Maloney, Carolyn B., N.Y., E1823 Franks, Trent, Ariz., E1830 Manzullo, Donald A., Ill., E1829 Speier, Jackie, Calif.,E1823 Graves, Sam, Mo., E1813, E1815, E1816, E1817, E1818, Marchant, Kenny, Tex., E1813 Tancredo, Thomas G., Colo., E1814 E1819, E1820, E1821, E1822, E1823 Miller, Candice S., Mich., E1818 Thompson, Mike, Calif., E1824 Green, Al, Tex., E1818 Miller, Jeff, Fla., E1815, E1822 Udall, Mark, Colo., E1819 Hastings, Alcee L., Fla., E1826 Mitchell, Harry E., Ariz., E1824, E1826, E1829 Walberg, Timothy, Mich., E1822 Hayes, Robin, N.C., E1821 Moran, James P., Va., E1824 Wasserman Schultz, Debbie, Fla., E1816 Holt, Rush D., N.J., E1824, E1825 Nadler, Jerrold, N.Y., E1818 Westmoreland, Lynn A., Mac, Ga., E1817 Hulshof, Kenny C., Mo., E1823 Neugebauer, Randy, Tex., E1822 Woolsey, Lynn C., Calif., E1825 Issa, Darrell E., Calif., E1818 Pascrell, Bill, Jr., N.J., E1817 Yarmuth, John A., Ky., E1817 Jackson-Lee, Sheila, Tex., E1825, E1829 Platts, Todd Russell, Pa., E1820 Young, Don, Alaska, E1818, E1820

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 05:58 Sep 18, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0664 Sfmt 0664 E:\CR\FM\D17SE8.REC D17SEPT1 jbell on PROD1PC69 with DIGEST