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, MONDAY, JULY 14, 2008 No. 115 House of Representatives The House met at 12:30 p.m. and was to take up its work of policy and legis- nication from the Clerk of the House of called to order by the Speaker pro tem- lation for the United States of Amer- Representatives: pore (Mr. JACKSON of Illinois). ica. OFFICE OF THE CLERK, f The problems facing the Nation, the HOUSE OF REPRESENTATIVES, concerns of its citizens, as well as life Washington, DC, July 14, 2008. DESIGNATION OF SPEAKER PRO itself, will not be settled with sim- Hon. NANCY PELOSI, TEMPORE plistic solutions. Since the light of The Speaker, House of Representatives, The SPEAKER pro tempore laid be- truth is sought in every corner of eco- Washington, DC. fore the House the following commu- nomic darkness, and energy is needed DEAR MADAM SPEAKER: Pursuant to the nication from the Speaker: to sustain every aspect of contem- permission granted in Clause 2(h) of Rule II porary life, we stand humbly before of the Rules of the U.S. House of Representa- WASHINGTON, DC, tives, the Clerk received the following mes- July 14, 2008. You admitting our limitations. Lord, give the Members of the House sage from the Secretary of the Senate on I hereby appoint the Honorable JESSE L. July 14, 2008, at 12:42 p.m.: JACKSON, Jr., to act as Speaker pro tempore of Representatives the ability to listen intently to differing opinions and re- That the Senate passed without amend- on this day. ment H.R. 4289. NANCY PELOSI, spond creatively. May their faith in Speaker of the House of Representatives. You be strong enough to stretch every That the Senate passed S. 1046. That the Senate passed with an amend- f self-interest to the broader vision of the common good, expecting Your ment H. Con. Res. 236. MORNING-HOUR DEBATE intervention in ordered routine or Your With best wishes, I am The SPEAKER pro tempore. Pursu- radical twist to basic intent. Sincerely, Thus may all seek Your wisdom to LORRAINE C. MILLER, ant to the order of the House of Janu- Clerk of the House. ary 4, 2007, the Chair will now recog- guide this government and this Nation (By Deborah M. Spriggs, Deputy Clerk). nize Members from lists submitted by now and forever. Amen. the majority and minority leaders for f morning-hour debate. f f THE JOURNAL CONGRATULATIONS TO DR. RECESS The SPEAKER pro tempore. The HARRIS PASTIDES Chair has examined the Journal of the The SPEAKER pro tempore. Pursu- (Mr. WILSON of South Carolina last day’s proceedings and announces ant to clause 12(a) of rule I, the Chair asked and was given permission to ad- to the House his approval thereof. declares the House in recess until 2 Pursuant to clause 1, rule I, the Jour- dress the House for 1 minute and to re- p.m. today. nal stands approved. vise and extend his remarks.) Accordingly (at 12 o’clock and 31 f Mr. WILSON of South Carolina. Mr. minutes p.m.), the House stood in re- Speaker, on Friday, the Board of cess until 2 p.m. PLEDGE OF ALLEGIANCE Trustees of the University of South f The SPEAKER pro tempore. Will the Carolina unanimously selected Dr. Har- gentleman from Texas (Mr. POE) come b 1400 ris Pastides as the 28th president of the forward and lead the House in the university since 1801. Prior to his being AFTER RECESS Pledge of Allegiance. selected as president of USC, Dr. The recess having expired, the House Mr. POE led the Pledge of Allegiance Pastides had been Vice President for was called to order by the Speaker pro as follows: Research and Health Sciences. His ap- I pledge allegiance to the Flag of the tempore (Mr. JACKSON of Illinois) at 2 pointment completes a long and thor- United States of America, and to the Repub- p.m. ough selection process chaired by lic for which it stands, one nation under God, Trustee Miles Loadholt of Barnwell, f indivisible, with liberty and justice for all. and I commend the university on their PRAYER f extraordinary work in choosing a The Chaplain, the Reverend Daniel P. COMMUNICATION FROM THE strong and capable individual to lead Coughlin, offered the following prayer: CLERK OF THE HOUSE the university. On this Monday in July, Lord, Con- The SPEAKER pro tempore laid be- As an alumnus of USC law school, I gress seeks Your blessing as it gathers fore the House the following commu- cherish the relationship the university

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

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VerDate Aug 31 2005 05:53 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A14JY7.000 H14JYPT1 erowe on PROD1PC71 with HOUSE H6412 CONGRESSIONAL RECORD — HOUSE July 14, 2008 continues to form with the South Caro- (H.R. 5618) to reauthorize and amend institutes that identifies regional priorities lina community, and its national lead- the National Sea Grant College Pro- to implement the National Ocean Research ership in areas of research and dis- gram Act, and for other purposes, as Priorities Plan and Implementation Strat- covery; most notably, the university’s amended. egy. ‘‘(18) The term ‘National Ocean Research research in biomedical technology, as The Clerk read the title of the bill. Priorities Plan and Implementation Strat- well as fuel cell and hydrogen tech- The text of the bill is as follows: egy’ means such plan and strategy issued by nology. I welcome Dr. Pastides’ and his H.R. 5618 the National Science and Technology Coun- wife Patricia’s dedication to these Be it enacted by the Senate and House of Rep- cil’s Joint Subcommittee on Ocean Science goals. resentatives of the United States of America in and Technology on January 26, 2007.’’. I wish to thank Dr. Andrew Sorensen Congress assembled, (b) REPEAL.—Section 307 of the Act enti- tled ‘‘An Act to provide for the designation and his wife, Donna, for their remark- SECTION 1. SHORT TITLE. of the Flower Garden Banks National Marine able leadership of the university for This Act may be cited as the ‘‘National Sanctuary’’ (Public Law 102–251; 106 Stat. 66) Sea Grant College Program Amendments Act the past 6 years. is repealed. In conclusion, God bless our troops, of 2008’’. SEC. 5. NATIONAL SEA GRANT COLLEGE PRO- SEC. 2. REFERENCES. and we will never forget September the GRAM, GENERALLY. Except as otherwise expressly provided 11th. (a) PROGRAM ELEMENTS.—Section 204(b) (33 therein, whenever in this Act an amendment f U.S.C. 1123(b)) is amended— or repeal is expressed in terms of an amend- (1) by amending in paragraph (1) to read as POST OFFICE CONGRESS ment to, or repeal of, a section or other pro- follows: vision, the reference shall be considered to (Mr. POE asked and was given per- ‘‘(1) sea grant programs that comprise a be made to a section or other provision of national sea grant college program network, mission to address the House for 1 the National Sea Grant College Program Act minute.) including international projects conducted (33 U.S.C. 1121 et seq.). within such programs and regional and na- Mr. POE. Mr. Speaker, almost every SEC. 3. FINDINGS AND PURPOSE. tional projects conducted among such pro- morning I talk to my parents who are (a) FINDINGS.—Section 202(a) (33 U.S.C. grams;’’; both in their 80s and are very inquisi- 1121(a)) is amended— (2) by amending paragraph (2) to read as tive about what goes on in Congress. (1) by amending paragraph (1)(D) to read as follows: Today, like most Mondays, I tell follows: ‘‘(2) administration of the national sea them we are working on postal legisla- ‘‘(D) encourage the development of prepa- grant college program and this title by the tion. I don’t really go further and tell ration, forecast, analysis, mitigation, re- national sea grant office and the Administra- sponse, and recovery systems for coastal haz- them the legislation actually is just tion;’’; and ards;’’; (3) by amending paragraph (4) to read as naming post office buildings through- (2) in paragraph (2) by striking ‘‘program follows: out the vast plains and prairies of of research, education,’’ and inserting ‘‘pro- ‘‘(4) any regional or national strategic in- America. After all, we have named 72 gram of integrated research, education, ex- vestments in fields relating to ocean, coast- Federal buildings in Congress. tension,’’; and al, and Great Lakes resources developed in According to the Wall Street Jour- (3) by striking paragraph (6) and inserting consultation with the board and with the ap- nal, almost 30 percent of our legisla- the following: proval of the sea grant colleges and the sea tion passed this Congress has been ‘‘(6) The National Ocean Research Prior- grant institutes.’’. ities Plan and Implementation Strategy naming Federal buildings. Today I see (b) TECHNICAL CORRECTION.—Section issued by the National Science and Tech- 204(c)(2) (33 U.S.C. 1123(c)(2)) is amended by we will be naming two more post of- nology Council’s Joint Subcommittee on striking ‘‘Within 6 months of the date of en- fices. Ocean Science and Technology on January actment of the National Sea Grant College Today Mom said she can’t even afford 26, 2007, identifies research priorities for Program Reauthorization Act of 1998, the’’ gas to get to the post office. Mr. Speak- compelling areas of interaction between so- and inserting ‘‘The’’. er, maybe this ‘‘Drill Nothing Con- ciety and the ocean, and calls for the engage- (c) FUNCTIONS OF DIRECTOR OF NATIONAL gress’’ should find more energy for ment of a broad array of ocean science sec- SEA GRANT COLLEGE PROGRAM.—Section Americans. Open up the Outer Conti- tors (government, academia, industry, and 204(d) (33 U.S.C. 1123(d)) is amended— non-government entities) to address the nental Shelf to crude oil. Congress (1) in paragraph (2)(A), by striking ‘‘long- areas of greatest research need and oppor- range’’; needs to get to work and solve the gas- tunity. (2) in paragraph (3)(A)— oline issue. We can name post office ‘‘(7) The National Oceanic and Atmos- (A) by striking ‘‘(A)(i) evaluate’’ and in- buildings at some other time. pheric Administration, through the national serting ‘‘(A) evaluate and assess’’; There has been enough talk about en- sea grant college program, offers the most (B) by striking ‘‘activities; and’’ and in- ergy. Now action is demanded. How- suitable locus and means for such commit- serting ‘‘activities;’’; and ever, it seems when all is said and ment and engagement through the pro- (C) by striking clause (ii); and done, more is said than done about the motion of activities that will result in great- (3) in paragraph (3)(B)— er such understanding, assessment, develop- energy problem. Maybe we should re- (A) by redesignating clauses (ii) through ment, utilization, and conservation. The (iv) as clauses (iv) through (vi), respectively, name our Congress the Post Office Con- most cost-effective way to promote such ac- and by inserting after clause (i) the fol- gress. tivities is through continued and increased lowing: And that’s just the way it is. Federal support of the establishment, devel- ‘‘(ii) encourage collaborations among sea f opment, and operation of programs and grant colleges and sea grant institutes to ad- projects by sea grant colleges, sea grant in- dress regional and national priorities estab- ANNOUNCEMENT BY THE SPEAKER stitutes, and other institutions, including lished under subsection (c)(1); PRO TEMPORE strong collaborations between Administra- ‘‘(iii) encourage cooperation with Minority The SPEAKER pro tempore. Pursu- tion scientists and research and outreach Serving Institutions— ant to clause 8 of rule XX, the Chair personnel at academic institutions.’’. ‘‘(I) to enhance collaborative research op- (b) PURPOSE.—Section 202(c) (33 U.S.C. will postpone further proceedings portunities for faculty and students in the 1121(c)) is amended by striking ‘‘to promote areas of atmospheric, oceanic, and environ- today on motions to suspend the rules research, education, training, and advisory mental sciences, and remote sensing; on which a recorded vote or the yeas service activities’’ and inserting ‘‘to promote ‘‘(II) to improve opportunities for, and re- and nays are ordered, or on which the integrated research, education, training, and tention of, students and faculty from Minor- vote is objected to under clause 6 of extension activities’’. ity Serving Institutions in the NOAA related rule XX. SEC. 4. DEFINITIONS. sciences; and Record votes on postponed questions (a) AMENDMENTS.—Section 203 (33 U.S.C. ‘‘(III) to increase the number of such stu- will be taken after 6:30 p.m. today. 1122) is amended— dents graduating in NOAA science areas;’’; (1) in paragraph (11) by striking ‘‘advisory and f services’’ and inserting ‘‘extension services’’; (B) in clause (iv) (as so redesignated) by NATIONAL SEA GRANT COLLEGE (2) in each of paragraphs (12) and (13) by striking ‘‘encourage’’ and inserting ‘‘ensur- PROGRAM AMENDMENTS ACT OF striking ‘‘(33 U.S.C. 1126)’’; and ing’’. 2008 (3) by adding at the end the following: SEC. 6. PROGRAM OR PROJECT GRANTS AND ‘‘(17) The term ‘regional research and in- CONTRACTS. Ms. BORDALLO. Mr. Speaker, I move formation plan’ means a plan developed by (a) EXEMPTION FROM LIMITATION ON COST to suspend the rules and pass the bill one or more sea grant colleges or sea grant SHARE.—Section 205(a) (33 U.S.C. 1124(a)) is

VerDate Aug 31 2005 01:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.004 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6413 amended in the matter following paragraph ‘‘(1) IN GENERAL.—The Board shall advise science research, education, training (2), by inserting ‘‘or that are appropriated the Secretary and the Director concerning— and technical assistance programs pro- under section 208(b)’’ before the period at the ‘‘(A) strategies for utilizing the sea grant moting the understanding, the assess- end. college program to address the Nation’s ment, the development, the utilization (b) SPECIAL GRANTS; MAXIMUM AMOUNT.— highest priorities regarding the under- Section 205(b) (33 U.S.C. 1124(b)) is amended standing, assessment, development, utiliza- and the conservation of ocean, coastal by striking the matter following paragraph tion, and conservation of ocean, coastal, and and Great Lakes resources. The reau- (3) and inserting the following: Great Lakes resources; thorization bill affords the National ‘‘The total amount that may be provided for ‘‘(B) the designation of sea grant colleges Oceanic and Atmospheric Administra- grants under this subsection during any fis- and sea grant institutes; and tion the ability and the flexibility to cal year shall not exceed an amount equal to ‘‘(C) such other matters as the Secretary strengthen the current network of Sea 5 percent of the total funds appropriated for refers to the Board for review and advice. Grant Colleges and their collaborating such year under section 212.’’. ‘‘(2) BIENNIAL REPORT.—The Board shall re- institutions through fiscal year 2014. It SEC. 7. EXTENSION SERVICES BY SEA GRANT port to the Congress every two years on the COLLEGES AND SEA GRANT INSTI- state of the national sea grant college pro- does so based on the sensible rec- TUTES. gram. The Board shall indicate in each such ommendation of the Sea Grant Asso- Section 207(a) (33 U.S.C. 1126(a)) is amended report the progress made toward meeting the ciation, the Sea Grant Review Panel, in each of paragraphs (2)(B) and (3)(B) by priorities identified in the strategic plan in the National Sea Grant Program Of- striking ‘‘advisory services’’ and inserting effect under section 204(c). The Secretary fice, and other stakeholders. ‘‘extension services’’. shall make available to the Board such infor- By reauthorizing this program, the SEC. 8. FELLOWSHIPS. mation, personnel, and administrative serv- opportunity for enlisting more (a) RESTRICTION ON USE OF FUNDS AVAIL- ices and assistance as it may reasonably re- partnering institutions and increasing ABLE FOR FELLOWSHIPS.—Section 208 (33 quire to carry out its duties under this U.S.C. 1127) is amended by adding at the end title.’’. the overall number of designated Sea the following: (c) EXTENSION OF TERM.—Section 209(c)(2) Grant Colleges remains. Capacity ‘‘(c) RESTRICTION ON USE OF FUNDS.— (33 U.S.C. 1128(c)(2)) is amended by striking building for eventual Sea Grant Col- Amounts available for fellowships under this the second sentence and inserting the fol- lege designation is ongoing at several section, including amounts accepted under lowing: ‘‘The Director may extend the term institutions. And I note that in reau- section 204(c)(4)(F) or appropriated under of office of a voting member of the Board thorizing the program, H.R. 5618 keeps section 212 to implement this section, shall once by up to 1 year.’’. intact in current law the authority for be used only for award of such fellowships (d) ESTABLISHMENT OF SUBCOMMITTEES.— and administrative costs of implementing Section 204(c) (33 U.S.C. 1123(c)) is amended NOAA to provide administrative, tech- this section.’’. by adding at the end the following: nical and financial assistance to insti- (b) TECHNICAL CORRECTION.—Section 208(a) ‘‘(8) The Board may establish such sub- tutions preparing and aiming for even- (33 U.S.C. 1127(a)) is amended by striking committees as are reasonably necessary to tual Sea Grant College designation. ‘‘Not later than 1 year after the date of the carry out its duties under subsection (b). The current eligibility criteria have enactment of the National Sea Grant College Such subcommittees may include individuals ensured ultimate success with the en- Program Act Amendments of 2002, and every who are not Board members.’’. tire program. 2 years thereafter,’’ and inserting ‘‘Every 2 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. years,’’. The University of Guam, in my dis- (a) AUTHORIZATION.—Section 212(a) (33 trict, Mr. Speaker, continues to plan SEC. 9. NATIONAL SEA GRANT ADVISORY BOARD. U.S.C. 1131(a)) is amended to read as follows: (a) REDESIGNATION OF SEA GRANT REVIEW ‘‘(a) AUTHORIZATION.—There are authorized for eventual designation. I support PANEL AS BOARD.— to be appropriated to the Secretary to carry NOAA’s efforts to assist with capacity (1) REDESIGNATION.—The sea grant review out this title— building at the University of Guam and panel established by section 209 of the Na- ‘‘(1) $66,000,000 for fiscal year 2009; at other institutions in the Western tional Sea Grant College Program Act (33 ‘‘(2) $72,800,000 for fiscal year 2010; Pacific region and across the United U.S.C. 1128), as in effect before the date of ‘‘(3) $79,600,000 for fiscal year 2011; States that are working to develop the the enactment of this Act, is redesignated as ‘‘(4) $86,400,000 for fiscal year 2012; expertise and resources necessary to be the National Sea Grant Advisory Board. ‘‘(5) $93,200,000 for fiscal year 2013; and designated a Sea Grant Institution. (2) MEMBERSHIP NOT AFFECTED.—An indi- ‘‘(6) $100,000,000 for fiscal year 2014.’’. vidual serving as a member of the sea grant (b) REPEAL OF DISTRIBUTION REQUIRE- Finally, Mr. Speaker, I note that in review panel immediately before the enact- MENT.—Section 212 (33 U.S.C. 1131) is amend- reauthorizing the overall program, we ment of this Act may continue to serve as a ed by striking subsection (c), and by redesig- also renewed the authority for the con- member of the National Sea Grant Advisory nating subsections (d) and (e) as subsections tinuation of the highly successful Dean Board until the expiration of such member’s (c) and (d), respectively. John A. Knauss Marine Policy Fellow- term under section 209(c) of such Act (33 The SPEAKER pro tempore. Pursu- ship program. Several of us here serv- U.S.C. 1128(c). ant to the rule, the gentlewoman from ing in Congress have had the extraor- (3) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other Guam (Ms. BORDALLO) and the gen- dinary opportunity to host a legisla- record of the United States to such sea grant tleman from South Carolina (Mr. WIL- tive Sea Grant Fellow in our office. review panel is deemed to be a reference to SON) each will control 20 minutes. The skill and the competency of the the National Sea Grant Advisory Board. The Chair recognizes the gentle- Sea Grant fellows are a testament to (4) CONFORMING AMENDMENTS.— woman from Guam. the strength and the depth of the Sea (A) IN GENERAL.—Section 209 (33 U.S.C. GENERAL LEAVE Grant College program. The contribu- 1128) is amended by striking so much as pre- Ms. BORDALLO. Mr. Speaker, I ask tions of Sea Grant fellows in both the cedes subsection (b) and inserting the fol- executive and the legislative branches lowing: unanimous consent that all Members have helped ensure policy is both craft- ‘‘SEC. 209. NATIONAL SEA GRANT ADVISORY may have 5 legislative days to revise BOARD. and extend their remarks and include ed and implemented with an invaluable ‘‘(a) ESTABLISHMENT.—There shall be an extraneous material on the bill under science perspective. independent committee to be known as the consideration. In reauthorizing the National Sea National Sea Grant Advisory Board.’’. The SPEAKER pro tempore. Is there Grant College Program, Congress reaf- (B) DEFINITION.—Section 203(9) (33 U.S.C. objection to the request of the gentle- firms its national value to protecting 1122(9)) is amended to read as follows: our human and our environmental ‘‘(9) The term ‘Board’ means the National woman from Guam? Sea Grant Advisory Board established under There was no objection. health to the design and the utilization section 209.’’; Ms. BORDALLO. Mr. Speaker, H.R. of sustainable development practices, (C) OTHER PROVISIONS.—The following pro- 5618, the National Sea Grant College and to the overall advancement of im- visions are each amended by striking Program Amendments Act of 2008, is portant research and extensive activi- ‘‘panel’’ each place it appears and inserting legislation that I introduced this past ties in the Marine Sciences. ‘‘Board’’: March. The bill reauthorizes the Na- With our support, the network of Sea (i) Section 204 (33 U.S.C. 1123). tional Sea Grant College Program Act Grant Colleges is positioned to con- (ii) Section 207 (33 U.S.C. 1126). (iii) Section 209 (33 U.S.C. 1128). to improve marine resource conserva- tinue collaborative ground-breaking (b) DUTIES.—Section 209(b) (33 U.S.C. tion, management and utilization. research and engagement in the Marine 1128(b)) is amended to read as follows: Sea Grant Colleges sponsor a wide Sciences with stakeholders in commu- ‘‘(b) DUTIES.— range of applied and basic marine nities all across the United States.

VerDate Aug 31 2005 01:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A14JY7.004 H14JYPT1 erowe on PROD1PC71 with HOUSE H6414 CONGRESSIONAL RECORD — HOUSE July 14, 2008 Mr. Speaker, I therefore ask Mem- continued to provide so little for marine policy The SPEAKER pro tempore. The bers on both sides to support passage of research. Through H.R. 5618, I am hopeful question is on the motion offered by this noncontroversial bill. that we are able to increase this necessary the gentlewoman from Guam (Ms. I reserve the balance of my time. funding to monitor the drastic changes that are BORDALLO) that the House suspend the Mr. WILSON of South Carolina. Mr. greatly affecting our coastlines. rules and pass the bill, H.R. 5618, as Speaker, the majority, capably led by I am grateful for the work that Sea Grant amended. Congresswoman MADELEINE BORDALLO has been able to provide through research The question was taken; and (two- of the Republic of Guam, has superbly and projects to my Congressional district. thirds being in the affirmative) the explained the bill. The National Sea Through the University of Hawaii, Sea Grant rules were suspended and the bill, as Grant College Program has been an im- has a strong presence at the American Samoa amended, was passed. portant component in addressing local Community College and has continued to edu- A motion to reconsider was laid on and regional research for needs for cate students of the necessity in protecting our the table. ocean and Great Lakes issues. The pro- reefs and marine environments. They have f gram, such as the one at Buford, South also continued to provide the tools for marine COASTAL BARRIER RESOURCES Carolina, has been extremely effective research that is urgently needed by the U.S. SYSTEM BOUNDARY ADJUSTMENT in disseminating science-based infor- territories. mation to citizens through education For these reasons, I urge my colleagues to Ms. BORDALLO. Mr. Speaker, I move and outreach programs. pass H.R. 5618. Again, I thank my colleagues to suspend the rules and pass the bill H.R. 5618 reauthorizes this important for their support of this legislation. (H.R. 1714) to clarify the boundaries of marine science program, and I support Mr. FARR. Mr. Speaker, I rise in support of Coastal Barrier Resources System its passage with particular apprecia- H.R. 5618 the National Sea Grant College Clam Pass Unit FL–64P. tion for the Buford Laboratory. Program Amendments Act of 2008 authored The Clerk read the title of the bill. I yield back the balance of my time. by my friend and chairwoman of the Natural The text of the bill is as follows: Ms. BORDALLO. Mr. Speaker, I have Resources Subcommittee on Fisheries, Wild- H.R. 1714 no further speakers on this particular life and Oceans, Representative Madeleine Be it enacted by the Senate and House of Rep- piece of legislation. I want to thank Bordallo. resentatives of the United States of America in my colleague, Mr. WILSON of South The National Sea Grant College Program Congress assembled, Carolina, for his supportive remarks. has, since 1966, provided research grants, SECTION 1. REPLACEMENT OF CERTAIN COAST- Mr. FALEOMAVAEGA. Mr. Speaker, I rise traineeships and fellowships which help grad- AL BARRIER RESOURCES SYSTEM MAPS. today in strong support of H.R. 5618, amend- uate students and researchers study areas of (a) IN GENERAL.—The map subtitled ‘‘FL– ing the National Sea Grant College Program the ocean which have strong effects on peo- 64P’’, relating to the Coastal Barrier Re- Act and reauthorizing the program that is ple. This is mostly done through the State Sea sources System unit designated as Coastal scheduled to expire fiscal year 2008. Grant programs which operate in most coastal Barrier Resources System Clam Pass Unit First and foremost, I want to commend Con- States in conjunction with major universities. FL–64P, that is included in the set of maps gresswoman BORDALLO of Guam, Chairwoman The Sea Grant programs provide valuable re- entitled ‘‘Coastal Barrier Resources System’’ of the Subcommittee on Fisheries, Wildlife, search and education into the economics, and referred to in section 4(a) of the Coastal and Oceans of the Committee on Natural Re- public health, and environmental impacts Barrier Resources Act (16 U.S.C. 3503(a)), is sources, for taking the initiative to introduce hereby replaced by another map relating to where people connect with the oceans. I have that unit entitled ‘‘Coastal Barrier Re- this important legislation. This bill is an exam- trouble thinking of a better return to the public sources System Clam Pass Unit, FL–64P’’ ple of the efforts by the Congress to support on our research investments. and dated July 21, 2005 our many Sea Grant College programs in im- The National Sea Grant program operates (b) AVAILABILITY.—The Secretary of the In- proving marine resource conservation and the Dean John A. Knauss National Marine terior shall keep the map referred to in sub- management. Policy Fellowship which provides graduate stu- section (a) on file and available for inspec- H.R. 5618 implements changes in the Sea dents in ocean science and environmental tion in accordance with section 4(b) of the Grant Program, which is administered by the studies the opportunity to bring their expertise Coastal Barrier Resources Act (16 U.S.C. National Oceanic and Atmospheric Administra- as a fellow in a Congressional office or in a 3503(b)). tion, NOAA, that were recommended by the Federal agency office to gain experience and The SPEAKER pro tempore. Pursu- National Research Council in their 2006 report impact ocean policy. In my tenure in Con- ant to the rule, the gentlewoman from that has strong support from the various agen- gress, I have had 11 Sea Grant Fellows in my Guam (Ms. BORDALLO) and the gen- cies and the Sea Grant Association. Such rec- office. They have provided invaluable knowl- tleman from South Carolina (Mr. WIL- ommendations include increasing the inter- edge and passion for the oceans that have im- SON) each will control 20 minutes. action between the National Sea Grant and proved my understanding and helped to bol- The Chair recognizes the gentle- the individual state programs. It will improve ster my fight for the oceans. woman from Guam. programmatic performance reviews that will In California, we are lucky to have two Sea GENERAL LEAVE strengthen oversight and accountability but at Grant Programs: the California Sea Grant pro- Ms. BORDALLO. Mr. Speaker, I ask the same time will ensure that Sea Grant pro- gram operated through the world class Univer- unanimous consent that all Members grams are consistent and supportive of the na- sity of California system and the Southern may have 5 legislative days in which to tional objectives. Importantly, the increase in California Sea Grant program operated revise and extend their remarks and in- funding levels will greatly assist in the needs through the University of Southern California. clude extraneous material on the bill of our coastal and Great Lake communities These programs are on the ground in Cali- under consideration. and will improve program activities and re- fornia connecting the research and policy The SPEAKER pro tempore. Is there search that have been at a standstill because community, providing research grants, and objection to the request of the gentle- of flat-funding for the past few years. educating the public, scientists, and policy woman from Guam? Like our national land grant programs, the makers on the importance of human inter- There was no objection. National Sea Grant College Program is a pow- actions with the ocean. Ms. BORDALLO. Mr. Speaker, H.R. erful resource in maintaining America’s status Mr. Speaker, the National Sea Grant pro- 1714 is noncontroversial legislation in the world for research and development of grams have done a lot with a little money and that would replace the Coastal Barrier our marine sciences. It is a program that we I am confident that they will continue this tradi- Resources System map designated as must continue to strengthen and support. tion. I cannot emphasize enough the need for Clam Pass Unit FL–64P to correct le- Mr. Speaker, this legislation will authorize this Congress to provide for ocean steward- gitimate inaccuracies. This legislation funding for the National Sea Grant Program ship now. The oceans and the Great Lakes is identical to noncontroversial legisla- until FY 2014. The inclusion of the many rec- belong to all the people of the United States tion reported by the Committee on Re- ommendations by the NRC in the language of and it is our duty to understand the implica- sources during the 109th Congress. the bill and the strong support of the Federal tions of our actions on them. I support the Na- The new map, dated July 21, 2005, agencies and the Sea Grant Association rein- tional Sea Grant College Program Amendment that would be adopted by passage of force the necessity to pass this legislation im- Act and I urge my colleagues to join me. this legislation, would remove approxi- mediately. Given that almost 54 percent of our Ms. BORDALLO. I yield back the bal- mately 48 acres of private land from population lives on the coast, the U.S. has ance of my time. the otherwise protected area, or the

VerDate Aug 31 2005 01:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.006 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6415 OPA, that was established in 1990 to in- A motion to reconsider was laid on ice to stock fish in the North Cascades clude the Clam Pass Conservation the table. National Park, the Ross Lake National Area. Private land owners indicated f Recreation Area, and Lake Chelan Na- that these lands were never held within tional Recreation Area. These lakes do FISH STOCKING IN NORTH CAS- the conservation area, and were erro- not naturally contain fish, but fish CADES NATIONAL PARK SERVICE neously included in the OPA. The U.S. stocking has been conducted in these COMPLEX LAKES Fish and Wildlife Service, after com- lakes periodically since the late 1800s. pleting an exhaustive investigation, Ms. BORDALLO. Mr. Speaker, I move The North Cascades National Park is agreed that these areas, in fact, were to suspend the rules and pass the bill currently working on the Mountain added in error. (H.R. 3227) to direct the Secretary of Lake Fisheries Management Plan En- the Interior to continue stocking fish vironmental Impact Statement that b 1415 in certain lakes in the North Cascades evaluates fish stocking in the park. The U.S. Fish and Wildlife Service National Park, Ross Lake National The Draft Environmental Impact fully supports this technical correction Recreation Area, and Lake Chelan Na- Statement found that fish stocking legislation which will also add approxi- tional Recreation Area, as amended. could only take place in these lakes if mately 68 acres of undeveloped land to The Clerk read the title of the bill. the National Park Service was granted the OPA that were previously omitted. The text of the bill is as follows: the authority to do so by Congress. In addition, Mr. Speaker, the new map H.R. 3227 During committee consideration of that would be adopted also has been Be it enacted by the Senate and House of Rep- H.R. 3227, changes were made to the certified as accurate by all local au- resentatives of the United States of America in bill to incorporate suggestions from thorities. Congress assembled, the Draft Environmental Impact State- Again, I ask my colleagues to sup- SECTION 1. PURPOSE. ment. port passage of this noncontroversial The purpose of this Act is to authorize the Na- Mr. Speaker, we have no objections tional Park Service to allow the stocking of fish bill. to H.R. 3227. I reserve the balance of my time. in certain lakes under certain conditions in the North Cascades National Park, Ross Lake Na- I reserve the balance of my time. Mr. WILSON of South Carolina. Mr. tional Recreation Area, and Lake Chelan Na- Mr. WILSON of South Carolina. Mr. Speaker, H.R. 1714, introduced by Con- tional Recreation Area. Speaker, I yield myself such time as I gressman CONNIE MACK of Florida, cor- SEC. 2. STOCKING OF CERTAIN LAKES IN NORTH may consume. rects an honest mapping mistake made CASCADES NATIONAL PARK, ROSS Mr. Speaker, Congressman DOC in the Coastal Barrier Improvement LAKE NATIONAL RECREATION AREA, HASTINGS of Washington State and the Act of 1990. Under current law, only AND LAKE CHELAN NATIONAL RECREATION AREA. cosponsors of this bill should be con- Congress can add or delete property (a) IN GENERAL.—The Secretary of the Inte- gratulated for their efforts to ensure from the Coastal Barrier Resources rior, acting through the Director of the National continuation of a long-standing and System. Park Service, may authorize the stocking of fish highly successful program that creates Under this bill, 48 acres of previously in lakes in the North Cascades National Park, fishing opportunities in the North Cas- held land would be removed from the Ross Lake National Recreation Area, and Lake cades region. system, which would allow the affected Chelan National Recreation Area. For over 100 years, 91 of the 245 lakes homeowners to qualify for Federal (b) CONDITIONS.—The following conditions shall apply to stocking of lakes under subsection in the North Cascades Complex have flood insurance. We would be making (a): been stocked with fish. This has cre- this change because this property is (1) The Secretary is authorized to allow stock- ated recreational opportunities that not contained within the designated ing in up to, but not to exceed, 42 lakes. The 42 are important to the quality of life and Clam Pass Conservation Area, these lakes which may be stocked are those lakes the region and help sustain the local are not inholdings, and these lands identified for potential stocking under Alter- economy. were never held for conservation or native B of the 2005 North Cascades National I urge support for the bill. recreation purposes. Park Service Complex Mountain Lakes Fishery I yield back the balance of my time. We would be providing this relief be- Management Plan Draft. (2) The Secretary shall only stock fish that Ms. BORDALLO. Mr. Speaker, I have cause this bill satisfies the threshold of are— no further speakers on this legislation. being a legitimate mapping mistake. (A) native to the slope of the Cascade Range Again, I want to thank the gentleman The Fish and Wildlife Service testified on which the lake to be stocked is located; and from South Carolina for his coopera- in support of this technical correction, (B) functionally sterile. tion in managing these three bills this and the new implementing map would (3) The Secretary is authorized to coordinate afternoon on the floor. add 65 acres of conservation land to the the stocking of fish with the State of Wash- Mr. HASTINGS of Washington. Mr. Speak- ington. Coastal Barrier Resources System that (c) REPORTS.—The Secretary shall continue a er, I urge my colleagues to support H.R. 3227, was overlooked when the unit was program of research and monitoring of the im- legislation to allow for the continued stocking originally created. As a result, the net pacts of fish stocking on park resources and of fish in certain alpine lakes in the North Cas- effect of H.R. 1714 is to actually in- shall report the results of such research and cades National Park Complex, including the crease the size of the system by 17 monitoring to the appropriate committees of North Cascades National Park, Ross Lake Na- acres. Congress every 5 years. tional Recreation Area, and Lake Chelan Na- I would urge an ‘‘aye’’ vote on H.R. The SPEAKER pro tempore. Pursu- tional Recreation Area. 1714. ant to the rule, the gentlewoman from Many of these lakes have been stocked I yield back the balance of my time. Guam (Ms. BORDALLO) and the gen- since the turn of the 20th century, long before Ms. BORDALLO. Mr. Speaker, I have tleman from South Carolina (Mr. WIL- they became part of the National Park com- no further speakers on this legislation. SON) each will control 20 minutes. plex. For decades, volunteer groups, working Again, I want to thank my colleague The Chair recognizes the gentle- with the State of Washington, have stocked from South Carolina (Mr. WILSON) for woman from Guam. trout in a number of lakes in this area under supporting this noncontroversial piece GENERAL LEAVE carefully constructed management plans writ- of legislation, and I urge Members to Ms. BORDALLO. Mr. Speaker, I ask ten by State and Park Service biologists. In support the bill. unanimous consent that all Members addition, congressional consideration of the I yield back the balance of my time. have 5 legislative days in which to re- creation of the North Cascades National Park The SPEAKER pro tempore. The vise and extend their remarks and in- points to allowing fish stocking. question is on the motion offered by clude extraneous material on the bill In order to protect this longstanding practice the gentlewoman from Guam (Ms. under consideration. in the North Cascades, I introduced H.R. 3227 BORDALLO) that the House suspend the The SPEAKER pro tempore. Is there to ensure that fish stocking can continue. rules and pass the bill, H.R. 1714. objection to the request of the gentle- While I believe the original text of this bill pro- The question was taken; and (two- woman from Guam? vided the clearest path to the protection and thirds being in the affirmative) the There was no objection. continuation of fish stocking, I am also con- rules were suspended and the bill was Ms. BORDALLO. Mr. Speaker, H.R. fident that this amended text also fully ensures passed. 3227 authorizes the National Park Serv- the stocking of fish in these lakes.

VerDate Aug 31 2005 01:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4634 Sfmt 9920 E:\CR\FM\K14JY7.008 H14JYPT1 erowe on PROD1PC71 with HOUSE H6416 CONGRESSIONAL RECORD — HOUSE July 14, 2008 I would like to briefly mention two of the rules were suspended and the bill, as may have 5 legislative days in which to changes to the legislation. First, the amended amended, was passed. revise and extend their remarks. version of H.R. 3227 reduces the number of The title was amended so as to read: The SPEAKER pro tempore. Is there lakes that can be studied from 91, which is the ‘‘A bill to authorize the Secretary of objection to the request of the gentle- number of lakes that have historically had fish the Interior to allow stocking fish in woman from Guam? stocking, to 42. I believe this reduction was certain lakes in the North Cascades There was no objection. unnecessary but am supporting it to ensure National Park, Ross Lake National Ms. BORDALLO. Mr. Speaker, I yield the advancement of this legislation. In my Recreation Area, and Lake Chelan Na- myself such time as I may consume. Mr. Speaker, I stand to join my col- view, it should be left up to scientists in the tional Recreation Area.’’. leagues in the consideration of H. Res. Park Service and the State of Washington to A motion to reconsider was laid on 984 which supports the designation of decide which lakes should be stocked. Con- the table. July 26, 2008, as National Day of the gress does not have the proper science to f Cowboy. study which lakes are best and, therefore, we H. Res. 984 was introduced by Rep- should not be arbitrarily limiting the number of NATIONAL DAY OF THE COWBOY resentative GABRIELLE GIFFORDS of Ar- lakes that can be studied. Ms. BORDALLO. Mr. Speaker, I move izona on February 13, 2008, and since The changes made in the Resources Com- to suspend the rules and agree to the then, the bill has garnered the support mittee also limited the type of fish that can be resolution (H. Res. 984) expressing sup- and cosponsorship of 52 Members of used to stock the lakes. After working with the port for the designation of July 26, 2008 Congress, both men and women, from National Park Service and the State of Wash- as ‘‘National Day of the Cowboy’’. both sides of the aisle. The measure ington, my original legislation was drafted to The Clerk read the title of the resolu- was considered and passed by voice allow fish that are either native to the water- tion. vote out of the Oversight Committee shed or functionally sterile to be used. The The text of the resolution is as fol- on June 12, 2008. version before us today states that the fish lows: Mr. Speaker, it is reasonable to as- have to be both native to the Cascade Range H. RES. 984 sert that our great country wouldn’t be and functionally sterile. The one word change Whereas pioneering men and women, what it is today without the signifi- from ‘‘or’’ to ‘‘and’’ puts a needless burden on known as cowboys, helped establish the cant influences of the cowboy. This is those who stock the lakes. Those involved American West; why each year a day is set aside for with fish stocking want to ensure that the Whereas the cowboy embodies honesty, in- Americans to celebrate the contribu- lakes and the surrounding area are kept in tegrity, courage, compassion, respect, a tions of the cowboy and cowgirl to our pristine condition. In addition, the National strong work ethic, and patriotism; Whereas the cowboy spirit exemplifies Nation’s culture and heritage. With the Park Service and the State of Washington are advocacy of the National Day of the the only entities with the authority to stock the strength of character, sound family values, and good common sense; Cowboy Organization for the past sev- lakes. Again, it is my view that these decisions Whereas the cowboy archetype transcends eral years, the National Day of the should be left up to science and the people ethnicity, gender, geographic boundaries, Cowboy has been celebrated by the working in the North Cascades to decide what and political affiliation; public through education, the arts, spe- fish are both safe for the environment and the Whereas the cowboy is an excellent stew- cial events, rodeos, and other commu- best for stocking. This change will only serve ard of the land and its creatures; nity activities. to increase the cost and the effort needed to Whereas the cowboy lives off the land and This year, July 26 has been selected stock the lakes of the North Cascades—but works to protect and enhance the environ- ment; as the day for honoring and preserving such a compromise moves this bill forward. the rich history of the cowboy settle- Despite my disagreement on the wisdom of Whereas cowboy traditions have been part of the American culture for generations; ment in the American West, an act changes made to this legislation, I am pleased Whereas the cowboy continues to be an im- that forever changed the landscape of that the House has the opportunity to pass portant part of the economy, through the our country. H.R. 3227 today. Although the version before work of approximately 727,000 ranchers in all Mr. Speaker, I thank the gentle- us is far from perfect, it does allow fish stock- 50 States, and contributes to the well-being woman from Arizona for introducing ing to rightfully continue in the North Cas- of nearly every county in the Nation; this thoughtful measure, and I urge all cades. Compromise is never easy, and at Whereas annual attendance at professional of my colleagues to join me in cele- and working ranch rodeo events exceeds times it produces a diminished product. That is brating the American cowboys and the case today. However, I can support it as 27,000,000 fans, and the rodeo is the 7th most watched sport in the Nation; cowgirls by agreeing to pass H. Res. a result of bipartisan negotiations and agree- Whereas membership and participation in 984. ment. But, more importantly, I can support it rodeo and other organizations that promote I reserve the balance of my time. because it provides firm protections to con- and encompass the livelihood of the cowboy Mr. WILSON of South Carolina. Mr. tinue fish stocking where it was always in- spans race, gender, and generations; Speaker, I yield myself such time as I tended to be allowed. Whereas the cowboy is a central figure in may consume. Finally, I would like to thank many of my literature, film, and music, and occupies a I rise today in support of the resolu- Washington state colleagues who cospon- central place in the public imagination; tion designating July 26, 2008, as the Whereas the cowboy is an American icon; sored H.R. 3227, including RICK LARSEN, National Day of the Cowboy. and NORM DICKS, and CATHY MCMORRIS RODGERS, For the last 3 years on the last Sat- Whereas the ongoing contributions made BRIAN BAIRD and ADAM SMITH. I especially by cowboys and cowgirls to their commu- urday of July, people across America would like to note the assistance provided by nities should be recognized and encouraged: gathered to honor one of the greatest NORM DICKS, whose involvement in this issue Now, therefore, be it icons of our Nation, the American cow- goes back to his time as a staff member in Resolved, That the House of Representa- boy. National Day of the Cowboy first Congress. I urge all my colleagues to support tives— emerged in July of 2005 in large part to this legislation to make sure that my constitu- (1) expresses support for the designation of the efforts of the late United States ents and many other residents of Washington a ‘‘National Day of the Cowboy’’; and Senator Craig Thomas of Wyoming. and our surrounding States can continue to (2) encourages the people of the United Cowboys are the original heroes of States to observe the day with appropriate American culture. From the earliest enjoy the recreation opportunities created by ceremonies and activities. fish stocking in the North Cascades. western settlers to present-day ranch- Ms. BORDALLO. I yield back the bal- The SPEAKER pro tempore. Pursu- ers and cattlemen, their tireless cour- ance of my time. ant to the rule, the gentlewoman from age, integrity, and adventurous spirit The SPEAKER pro tempore. The Guam (Ms. BORDALLO) and the gen- has made them a symbol of values that question is on the motion offered by tleman from South Carolina (Mr. WIL- built this great Nation. the gentlewoman from Guam (Ms. SON) each will control 20 minutes. Their trade nourishes our bodies as well as BORDALLO) that the House suspend the The Chair recognizes the gentle- our souls. The values inspire each of us. From rules and pass the bill, H.R. 3227, as woman from Guam. Maine to California, from twisted urban streets amended. GENERAL LEAVE to the vast, open plains, Americans envy and The question was taken; and (two- Ms. BORDALLO. Mr. Speaker, I ask respect those who each day, ride off into the thirds being in the affirmative) the unanimous consent that all Members sunset.

VerDate Aug 31 2005 01:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4634 Sfmt 9920 E:\CR\FM\A14JY7.030 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6417 I urge my colleagues to join me in support cated at 369 Martin Luther King Jr. nity of Jersey City in the early 1950s of this resolution and leave you with the words Drive in Jersey City, New Jersey, as when he took the helm of St. Michael’s of poet laureate Ron Wilson— the ‘‘Bishop Ralph E. Brower Post Of- Methodist Church. Over the years, he We give thanks for all that cowboys and cow- fice Building’’. has overseen the growth of the con- girls do, The Clerk read the title of the bill. gregation from six members to the To keep the Cowboy way alive and true. The text of the bill is as follows: thousands that now worship at St. Mi- So we honor this legacy for the value it will H.R. 5506 chael’s. employ, Be it enacted by the Senate and House of Rep- Largely responsible for helping the As we celebrate the National Day of the resentatives of the United States of America in church and its congregation blossom American Cowboy. Congress assembled, into a positive force for change in the SECTION 1. BISHOP RALPH E. BROWER POST OF- I yield back the balance of my time. community, Bishop Ralph E. Brower Ms. BORDALLO. Mr. Speaker, I have FICE BUILDING. (a) DESIGNATION.—The facility of the undoubtedly deserves the honor of hav- no further speakers, and I thank my United States Postal Service located at 369 ing a United States postal facility colleague from South Carolina for sup- Martin Luther King Jr. Drive in Jersey City, named after him. porting this resolution. New Jersey, shall be known and designated Therefore, Mr. Speaker, I ask that Ms. GIFFORDS. Mr. Speaker, I am proud as the ‘‘Bishop Ralph E. Brower Post Office my colleagues join me in support of that today the House is considering H. Res. Building’’. (b) REFERENCES.—Any reference in a law, this measure by voting in favor of H.R. 984, a resolution I sponsored that officially 5506. designates July 26, 2008, as the ‘‘National map, regulation, document, paper, or other record of the United States to the facility re- I reserve the balance of my time. Day of the Cowboy.’’ ferred to in subsection (a) shall be deemed to Mr. WILSON of South Carolina. Mr. Located in beautiful Willcox, Arizona, the be a reference to the ‘‘Bishop Ralph E. Speaker, I yield myself such time as I National Day of the Cowboy organization Brower Post Office Building’’. may consume. works to increase national support for the pro- The SPEAKER pro tempore. Pursu- I rise in support of H.R. 5506, a reso- claimed ‘‘Cowboy Day,’’ and to publicize news ant to the rule, the gentleman from Il- lution to designate the post office lo- and information about the resolution and cam- linois (Mr. DAVIS) and the gentleman cated at 369 Martin Luther King Jr. paign, so that active participation in celebra- from South Carolina (Mr. WILSON) each Drive in Jersey City, New Jersey, as tion of the National Day of the Cowboy con- will control 20 minutes. the ‘‘Bishop Ralph E. Brower Post Of- tinues to grow each year. The Chair recognizes the gentleman fice Building.’’ Many thanks to Bethany Braley, executive from Illinois. Bishop Ralph E. Brower, a Methodist director and publisher of the National Day of GENERAL LEAVE pastor and native of North Carolina, the Cowboy organization, for her tireless vi- Mr. DAVIS of Illinois. Mr. Speaker, I has been a vital presence in the reli- sion to remind future generations of the cow- ask unanimous consent that all Mem- gious and civic communities of north- boys’ contribution to America’s rich western bers may have 5 legislative days in ern New Jersey for over five decades. heritage. which to revise and extend their re- A community leader and accom- While the U.S. Senate has recognized the marks. plished intellectual, Bishop Brower is, National Day of the Cowboy in 2005, 2006, The SPEAKER pro tempore. Is there above all, a devoted family man. Mar- 2007 and 2008, H. Res. 984 represents the objection to the request of the gen- ried to his loving wife, Alberta, for first time that the U.S. House of Representa- tleman from Illinois? over 60 years, the bishop has been the tives has officially recognized the contribution There was no objection. guiding force in the lives of his three of the cowboy and cowgirl to America’s culture Mr. DAVIS of Illinois. Mr. Speaker, I wonderful children and 18 grand- and heritage. I am pleased to be a part of the yield myself such time as I may con- children and great-grandchildren. 4th Annual National Day of the Cowboy des- sume. His dedication to his denomination ignation. On June 20, 2008, the National Day As a Member of the House Committee and community is exemplary, and it is of the Cowboy resolution also passed in the on Oversight and Government Reform, fitting to name the post office in Jer- Arizona State Legislature, making Arizona the I am pleased to join my colleagues in sey City, New Jersey, in his honor. first State to pass the resolution. the consideration of H.R. 5506 which Generous and compassionate, Bishop Our legendary cowboy and cowgirl are em- names the postal facility in Jersey Brower’s passion for religious and civic duties braced and respected by people the world City, New Jersey, after Bishop Ralph is fueled by a personal commitment to intellec- over as symbols of rugged individualism. Each E. Brower. H.R. 5506, which was intro- tual development. After receiving his B.A. from represents a commitment to explore, work duced by Representative ALBIO SIRES of Kettle College, he went on to earn an M.A. hard and seek adventure while demonstrating New Jersey on February 27, 2008, was from Kings College, and finally a Ph.D from the personal determination to survive. He/she reported from the Oversight Com- Grambling State University. is loyal to an honorable code of ethics as well mittee on June 12, 2008, by voice vote. Academic accolades only scratch the sur- as persistent and tenacious in the face of any This measure has the support of the face of a man who has devoted so much of challenge. entire New Jersey delegation and pro- his life to improving the lives of the people In honor of cowboys and cowgirls world- vides this body a chance to recognize surrounding him. He served in numerous posi- wide, I encourage Americans to observe the the contributions and accomplishments tions including as the Commissioner for the National Day of the Cowboy on Saturday, July of a distinguished and highly respected Jersey City Redevelopment Agency and 4 26, 2008, with appropriate ceremonies and ac- gentleman from the Garden State of years as the Deputy Mayor of Jersey City. His tivities. New Jersey, the admirable Bishop service demonstrates that he truly is a man of I yield back the balance of my time. Ralph E. Brower. the people. This devotion has not gone unno- The SPEAKER pro tempore. The b 1430 question is on the motion offered by ticed. Over the years, the Bishop has received the gentlewoman from Guam (Ms. Unfortunately, Representative SIRES a number of accolades for his civic devotion is unable to join us on the floor today, by organizations such as the New Jersey BORDALLO) that the House suspend the rules and agree to the resolution, H. but nonetheless, he asked that his Urban League and NAACP. Mr. SIRES. Mr. Speaker, I rise in support of Res. 984. statement of support be submitted for The question was taken; and (two- the RECORD. H.R. 5506 which would designate the U.S. thirds being in the affirmative) the Born into humble beginnings in Postal Service building located at 369 Martin rules were suspended and the resolu- North Carolina as the eldest of six chil- Luther King Jr. Drive in Jersey City, New Jer- tion was agreed to. dren, Bishop Brower’s educational aspi- sey as the ‘‘Bishop Ralph E. Brower Post Of- A motion to reconsider was laid on rations led him to attend Laurinburg fice Building.’’ the table. Institute and Kettle College of North Bishop Ralph E. Brower has dedicated more f Carolina. He received his master’s de- than 50 years of his life in service to the com- gree from Kings College in Briarcliff munity of Jersey City, New Jersey. In 1954, BISHOP RALPH E. BROWER POST Manor, New York, his master’s in di- he was called to build the St. Michael Meth- OFFICE BUILDING vinity from Florida State University, odist Church. He started the church with only Mr. DAVIS of Illinois. Mr. Speaker, I and his Ph.D. from Grambling State six members, and served their parish as pas- move to suspend the rules and pass the University. tor for over 54 years. bill (H.R. 5506) to designate the facility Bishop Brower began to make his In addition to his role as pastor, Bishop of the United States Postal Service lo- mark on New Jersey and the commu- Brower served the Jersey City community in

VerDate Aug 31 2005 03:27 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4634 Sfmt 9920 E:\CR\FM\A14JY7.001 H14JYPT1 erowe on PROD1PC71 with HOUSE H6418 CONGRESSIONAL RECORD — HOUSE July 14, 2008 many ways. His professional and ministerial There was no objection. fice in Indianola, rerouted the mail, accomplishments also include being president Mr. DAVIS of Illinois. Mr. Speaker, I and continued paying Ms. Cox. of the Interdenominational Ministerial Alliance yield myself such time as I might con- It is important to remember deter- for 25 years; Hudson County Chaplain for 25 sume. mined and dedicated Americans such as years; commissioner for the Jersey City Rede- Mr. Speaker, on behalf of the House Minnie Cox and be ready to stand for velopment for 5 years; and deputy mayor for Committee on Oversight and Govern- what is right when people are treated 4 years. ment Reform, I am pleased to join my unjustly. With his lifetime of dedication to public serv- colleagues, particularly the gentleman Let us now commemorate this coura- ice and ministry, Bishop Ralph E. Brower con- from Mississippi, in the consideration geous woman by naming the post office sistently illustrates his caring and commitment of H.R. 4010 which names a postal facil- building in Indianola in honor of Min- to the Jersey City community. ity in Indianola, Mississippi, after the nie Cox. I am thrilled to celebrate this dedicated com- first black postmistress in the United Mr. THOMPSON of Mississippi. Mr. Speak- munity leader through this legislation. I cannot States of America, Ms. Minnie er, I rise today in support of H.R. 4010, legis- think of better way to honor Bishop Brower’s Geddings Cox. lation designating the United States Post Of- work then to designate a U.S. Postal Office in Introduced on October 30, 2007, by fice located at 100 W. Percy Street in his name. Congressman Bennie Thompson, the Indianola, Mississippi as the ‘‘Minnie Cox I urge my colleagues to support this legisla- Representative of Mississippi’s Second United States Post Office’’. tion. Congressional District, H.R. 4010 is co- Minnie M. Geddings Cox was one of two Mr. WILSON of South Carolina. Mr. sponsored by the State’s entire delega- daughters born to William and Mary Geddings Speaker, I yield the balance of my tion. Congressman THOMPSON’s meas- of Lexington, Mississippi. She graduated from time. ure, H.R. 4010, was reported from the Fisk University and first taught school at the Mr. DAVIS of Illinois. Mr. Speaker, I Oversight Committee on June 12, 2008, common schools in Lexington. Soon after, she yield back the balance of my time and by voice vote. married and assisted her husband, Wayne, urge passage. This afternoon’s postal naming bill when he was principal of the Indianola Col- The SPEAKER pro tempore. The honoring our country’s first black fe- ored Public School. question is on the motion offered by male postmaster is designed to pay Minnie M. Geddings Cox, was appointed the gentleman from Illinois (Mr. tribute to Minnie M. Cox, who served postmistress of Indianola, Mississippi in 1891, DAVIS) that the House suspend the as the postmaster of Indianola, Mis- by President Benjamin Harrison, and was re- rules and pass the bill, H.R. 5506. sissippi, during the administrations of appointed by President William McKinley; The question was taken; and (two- Presidents Benjamin Harrison, William thereby, becoming the first Black postmistress thirds being in the affirmative) the McKinley, and Theodore Roosevelt. of the United States. On January 25, 1900, rules were suspended and the bill was As we can see, Mississippi has a long, President McKinley raised the rank of the passed. glorious history, and Ms. Cox is indeed Indianola Post Office from fourth class to third A motion to reconsider was laid on a part of it. Ms. Cox’s legacy stands as class and appointed Mrs. Cox for a full 4-year the table. a beacon for all Americans to admire term. f and emulate, in tribute to all that she However, in the fall of 1902, under the pres- MINNIE COX POST OFFICE accomplished by breaking barriers and idency of Theodore Roosevelt, a controversy BUILDING providing quality service to her home- brought national attention to Mrs. Cox. James Mr. DAVIS of Illinois. Mr. Speaker, I town of Indianola, Mississippi. K. Vardaman, running for governor, in 1902 move to suspend the rules and pass the So, Mr. Speaker, let us pass H.R. 4010 used Minnie Cox as proof that African Ameri- bill (H.R. 4010) to designate the facility and designate the postal office building cans had too much power, and that President of the United States Postal Service lo- located at 100 West Percy Street in Theodore Roosevelt was a Negrophile. cated at 100 West Percy Street in Indianola, Mississippi, as the ‘‘Minnie Vardaman, who was indeed elected governor, Indianola, Mississippi, as the ‘‘Minnie Cox Post Office Building.’’ called Theodore Roosevelt that ‘‘coon-flavored Cox Post Office Building’’. I reserve the balance of my time. miscegenationist in the White House.’’ The Clerk read the title of the bill. Mr. WILSON of South Carolina. Mr. Jim Crow Laws overran Reconstruction in The text of the bill is as follows: Speaker, I yield myself such time as I America and whites wanted blacks eliminated H.R. 4010 may consume. from leadership positions. Mrs. Cox was Be it enacted by the Senate and House of Rep- I rise in support of H.R. 4010, legisla- threatened with violence by local whites, who resentatives of the United States of America in tion to designate the post office at held several mass or mob meetings to de- Congress assembled, Indianola, Mississippi, as the ‘‘Minnie mand her removal (her term expired in 1904). SECTION 1. MINNIE COX POST OFFICE BUILDING. Cox Post Office Building.’’ The mayor and sheriff declined to protect her, (a) DESIGNATION.—The facility of the Minnie M. Geddings Cox was born in and as a result of the increased tension and United States Postal Service located at 100 1869 in a Mississippi emerging from the threats of physical harm, she resigned as West Percy Street in Indianola, Mississippi, Civil War. After graduating from Fisk postmaster, effective January 1, 1903, and left shall be known and designated as the ‘‘Min- University, she returned to teach in town for a time. nie Cox Post Office Building’’. the common schools in her hometown President Roosevelt believed Mrs. Cox had (b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other of Lexington. been wronged, and that the authority of the record of the United States to the facility re- In 1891 at the age of 22, Ms. Cox was federal government was being compromised ferred to in subsection (a) shall be deemed to appointed postmistress of Indianola by and refused to accept her resignation. Instead, be a reference to the ‘‘Minnie Cox Post Office President Benjamin Harrison, becom- he closed Indianola’s post office on January 2, Building’’. ing the first black postmistress of the 1903, rerouted the mail to Greenville, MS, thir- The SPEAKER pro tempore. Pursu- United States. She was reappointed by ty miles away and Minnie Cox continued to re- ant to the rule, the gentleman from Il- President William McKinley and, ceive her salary. For four hours in January linois (Mr. DAVIS) and the gentleman again, by President Theodore Roo- 1903, the Indianola postal event was debated from South Carolina (Mr. WILSON) each sevelt. on the floor of the United States Senate, and will control 20 minutes. In 1902, however, some of the local appeared on the front pages of newspapers The Chair recognizes the gentleman whites of Indianola demanded Ms. across the country. One year later, at the expi- from Illinois. Cox’s resignation, determined to re- ration of Mrs. Cox’s term, in February 1904, GENERAL LEAVE move her from her leadership position the post office was reopened, but demoted in Mr. DAVIS of Illinois. Mr. Speaker, I solely because of her race. rank from third class to fourth class. ask unanimous consent that all Mem- Ms. Cox refused, but when threats Minnie Cox and her husband Wayne W. bers may have 5 legislative days in against her and her family persisted, Cox, who had been an employee in the rail- which to revise and extend their re- she submitted her resignation to be ef- way mail service, returned to Indianola and or- marks. fective in January 1903. Theodore Roo- ganized the ‘‘Delta Penny Savings Bank.’’ The SPEAKER pro tempore. Is there sevelt felt that Ms. Cox had been ag- They had been substantial property owners objection to the request of the gen- grieved and refused to accept her res- before 1903, and they bought more land and tleman from Illinois? ignation. Instead, he closed the post of- became successful bankers as well. Much of

VerDate Aug 31 2005 03:27 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4634 Sfmt 9920 E:\CR\FM\A14JY7.024 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6419 the success of African-Americans is attributed cessfully navigate a course across the top of at the time, the Nautilus was embark- to Wayne and Minnie Cox. Both descendants the world; ing on a historic mission that took it of parents who were former slaves, through Whereas the USS Nautilus, having claimed on a course north to the arctic ice cap. their ability to penetrate barriers, promote this historic milestone and returned home to At 11:15 p.m. on August 3, 1958, the boat Naval Submarine Base New London, contin- progress, and instill pride as educators, bank- ued to establish a series of naval records in became the first vessel to cross the ge- ers, entrepreneurs, real estate investors, and her distinguished 25-year career, including ographic North Pole when Commander political activists, exemplify remarkable cour- being the first submarine to journey ‘‘20,000 William Anderson, Nautilus’ com- age, wisdom and tenacity. leagues under the sea’’; manding officer, announced to his United in matrimony October 31, 1889, Whereas the USS Nautilus completed these crew: ‘‘For the world, our country, and Wayne and Minnie Cox had one daughter, significant and laudable achievements dur- the Navy—the North Pole.’’ Ethel Grant Cox. The Coxes acquired thou- ing a critical phase of the Cold War, pro- This historic crossing of 90 North sands of acres of land and ranked among the viding a source of inspiration for Americans took place at a critical time in our Na- wealthiest of the race in Mississippi. Their and raising the hopes of the Free World; tion’s history: the Cold War was heat- Whereas the USS Nautilus was the first spacious home sat on some five acres of land naval vessel in peacetime to receive the ing up; the Soviet Union had seemingly in the white section of town. As premier sup- Presidential Unit Citation for its meri- laid claim to space with the launch of porters of the business enterprises of blacks in torious efforts in crossing the North Pole; Sputnik; and many Americans and the state, they sold homes to hundreds of Afri- Whereas Commander William R. Anderson many around the world were looking can Americans on terms that would not have of the United States Navy was awarded the for something to rally around, a sign been possible if they were dealing with people Legion of Merit for his role in commanding that we were not ceding big ideas and who had no interest in them. the USS Nautilus during its historic voyage; notable achievements to others. Nau- Today, a street in Indianola named in their Whereas the USS Nautilus and its contribu- tilus’ sonar man, Al Charette, one of tion to world history was praised by a range honor, Cox Street, bears their name. Also, the my constituents, described their jour- city’s most popular park, Cox Park, located of American Presidents, including President Harry Truman, President Dwight D. Eisen- ney as an effort to out-Sputnik the within minutes of the business district at hower, President Lyndon B. Johnson, Presi- Russians and they did it. Faisonia Avenue and West Gresham Street in dent Jimmy Carter, and President Bill Clin- Few on board the Nautilus realized Indianola, is named in their honor. Minnie Cox ton; and the scope of their achievement. They died in 1933. Whereas President Eisenhower described were simply sailors doing their job and Mr. Speaker, I stand here today to in strong the voyage to the North Pole as a ‘‘magnifi- doing it well. However, on reaching the support of this resolution and urge Congress cent achievement’’ from which ‘‘the entire North Pole, the Nautilus clearly dem- free world would benefit’’: Now, therefore, be to pass this legislation renaming the Post Of- onstrated our undersea superiority and fice in Indianola, MS, after the first African- it Resolved, That the House of Representa- opened the region to decades of sci- American postmistress, Mrs. Minnie Cox. entific research and exploration. Mr. WILSON of South Carolina. Mr. tives— (1) recognizes the historic significance of The crossing of the North Pole was Speaker, I yield back the balance of the journey to the North Pole undertaken by praised by numerous world leaders at my time. the USS Nautilus; the time, being described by President Mr. DAVIS of Illinois. Mr. Speaker, I (2) commends the officers and crew of the Eisenhower as a magnificent achieve- would urge passage of this resolution USS Nautilus on the 50th anniversary of their ment from which the entire free world and yield back the balance of my time. magnificent achievement; would benefit. A ticker tape parade was The SPEAKER pro tempore. The (3) recognizes the importance of the USS held in honor of the crew in New York question is on the motion offered by Nautilus’ journey to the North Pole as not City. The Nautilus became the first the gentleman from Illinois (Mr. only a military and scientific accomplish- ment, but also in confirming America’s long- naval vessel in peacetime to receive DAVIS) that the House suspend the standing interest in this vital region of the the Presidential Unit Citation for its rules and pass the bill, H.R. 4010. world; meritorious efforts in crossing the The question was taken; and (two- (4) commends the role of the USS Nautilus thirds being in the affirmative) the North Pole, and Commander William and the United States Submarine Force in R. Anderson was awarded the Legion of rules were suspended and the bill was protecting the interests of the free world passed. during the Cold War; and Merit. A motion to reconsider was laid on (5) supports the continuing role of the In the 50 years since, the United the table. United States Submarine Force in defending States Navy and Coast Guard have re- our Nation in the 21st century. peatedly followed in the footsteps of f The SPEAKER pro tempore. Pursu- this historic voyage. Dozens of U.S. RECOGNIZING THE 50TH ANNIVER- ant to the rule, the gentleman from submarines, in addition to specially SARY OF THE CROSSING OF THE Connecticut (Mr. COURTNEY) and the fitted vessels and general aircraft of NORTH POLE BY THE USS ‘‘NAU- gentleman from Alabama (Mr. ROGERS) the United States Coast Guard, have TILUS’’ each will control 20 minutes. journeyed to the top of the world in Mr. COURTNEY. Mr. Speaker, I move The Chair recognizes the gentleman service to their country and to rein- to suspend the rules and agree to the from Connecticut. force our Arctic presence. These sub- resolution (H. Res. 1067) recognizing GENERAL LEAVE marines and their intrepid crews have the 50th anniversary of the crossing of Mr. COURTNEY. Mr. Speaker, I ask broken through the surface, charted the North Pole by the USS Nautilus unanimous consent that all Members new courses, and expanded our knowl- (SSN 571) and its significance in the have 5 legislative days within which to edge of the Arctic. history of both our Nation and the revise and extend their remarks on the I myself have had the unique oppor- world. resolution under consideration. tunity to see this work firsthand when The Clerk read the title of the resolu- The SPEAKER pro tempore. Is there I traveled aboard the USS Alexandria, a tion. objection to the request of the gen- Groton-based submarine, to observe The text of the resolution is as fol- tleman from Connecticut? the 2007 Ice Exercises in the Arctic Cir- lows: There was no objection. cle. While the technology and capabili- H. RES. 1067 Mr. COURTNEY. Mr. Speaker, I yield ties of our submarines has changed in Whereas the USS Nautilus (SSN 571), built myself such time as I may consume. the 50 years since the Nautilus’ journey, and launched at Electric Boat in Groton, Mr. Speaker, as the author of House the unmatched skill, the dedication Connecticut, on January 21, 1954, was the Resolution 1067, I rise today in strong and the talent of our submariners con- first vessel in the world to be powered by nu- support, which honors an important tinues to allow our Nation to retain an clear power; anniversary not only to my district but important presence in this critical part Whereas the USS Nautilus overcame ex- to our Navy and our country. of the world. treme difficulties of navigation and maneu- In June 1958, the USS Nautilus (SSN I just want to add, Mr. Speaker, hav- verability while submerged under the polar ice, and became the first vessel to cross the 571), the world’s first nuclear-powered ing the opportunity again to be on- geographic North Pole on August 3, 1958; submarine, departed Seattle, Oregon, board a submarine under the ice just Whereas the USS Nautilus continued on her as part of a top secret operation called reinforces to me anyway the incredible voyage and became the first vessel to suc- Operation Sunshine. Unknown to many accomplishment of the Nautilus. At

VerDate Aug 31 2005 05:53 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A14JY7.031 H14JYPT1 erowe on PROD1PC71 with HOUSE H6420 CONGRESSIONAL RECORD — HOUSE July 14, 2008 the time, scientific opinion believed their strong support. In particular, I marine headed to the North Pole but encoun- that it was physically impossible for a want to thank Captain Anderson’s tered heavy ice and shallow water on the submarine to pass under the North widow, who I met at the Farragut way. At one point, the 320-foot submarine Pole because of blockages by the ice Square anniversary service for the sub- had just a few feet of water over its sail and about 20 feet below the keel. and the shifting movements of the ice marine force earlier this year, who was The crew returned to Pearl Harbor and under the North Pole. This was a vessel just an incredibly gracious, wonderful waited a month for the ice to break up and which was completely and utterly person who has done everything that melt before making another attempt to go to alone at the time. If there was any ac- she can to make sure that the memory Portland, England, by way of the North Pole. cident, if there was any problem, basi- of this incredible achievement is Kenneth Carr, who was then a lieutenant cally they were completely on their brought forth to young people all and later retired as a vice admiral, said it was ‘‘pretty routine on board’’ as they own and had no means of any type of across the country and is a strong sup- neared 90 degrees North on Aug. 3, 1958. rescue or support. porter of our Navy. Carr said he asked the scientist on the Built and launched at Electric Boat And most especially, I want to recog- trip, ‘‘how will we know we crossed the in Groton, Connecticut, on January 21, nize the veterans of the Nautilus’ jour- pole?’’ Dr. Waldo K. Lyon pointed to a ma- 1954, the Nautilus was the first vessel in ney to 90 North that I am privileged to chine with a green dot going around in a cir- the world to be powered by nuclear represent here in Congress. We are all cle. power. After claiming their historic proud of them and the legacy they have ‘‘He said the dot would stop and go in the milestone at 90 North and returning established for our submarine force and other direction, and it did,’’ Carr said. ‘‘It wasn’t anything dramatic.’’ home to Naval Base New London, the our Nation. Once the Nautilus surfaced, Anderson sent Nautilus continued to establish a series H. Res. 1067 is a much-deserved rec- a message to the Navy—‘‘Nautilus 90 North.’’ of naval records in her distinguished ognition of the important role the sub- ‘‘I’m not sure we really appreciated the 25-year career, including being the first marine force plays in the security of depth of what had just happened, and I think submarine to journey 20,000 leagues our Nation, and I urge its passage. it was a long time before any of us realized it,’’ Charette said. ‘‘All we knew was when under the sea. [From the New London Day, June 30, 2008] The history and legacy of the Nau- we ended up in England, everyone and their 50 YEARS LATER, ‘‘NAUTILUS’’ CREW STILL brother wanted an autograph.’’ tilus is not the only meaningful story FEELS IT COULD REPEAT POLAR FEAT Those on board nicknamed themselves to my congressional district but to the (By Jennifer Grogan) PANOPOs, an acronym from the phrase from entire submarine force and to our Na- GROTON.—Former USS Nautilus crew mem- the Pacific to the Atlantic via the North tion. Today, the Nautilus proudly bers say it does not seem like 50 years have Pole. A ‘‘Welcome Home PANOPOs’’ banner serves as a museum where visitors passed since they made their historic cross- is one of the artifacts on display in the new from around the world come to learn ing of the North Pole under the ice cap, and exhibit. Sarah Martin, who works at the about both her history-making service that if the Navy would kindly give them an- Naval Submarine Base, was the graphic de- signer for the exhibit. to our country and the role of the sub- other nuclear power plant, they could man their ship and head back out to sea. Several events are planned at the museum marine force in securing our Nation. ‘‘When you first join the Navy and look leading up to the anniversary, including a The Nautilus truly helped set the tone forward to 20 years and retirement, you say, book signing and lecture by Alfred McLaren as the standard bearer for the sub- ‘That’s forever.’ I put 28 in and it seems like about the USS Queenfish on July 12 and by marine force, and achievements like it all happened just yesterday,’’ said Al Don Keith about the Nautilus on Aug. 2, and the crossing of 90 North both proved Charette, a sonarman on board for the North a ceremony on the Nautilus Aug. 3. the capabilities of our Nation at a crit- Pole trip. ‘‘Every time we have a reunion, The Nautilus Alumni Association is plan- the crew thinks we should go out and get ning a reunion Sept. 25–28 at the Groton Inn ical time in our history and raised the and Suites. bar for all who came after her. that ship underway. We’re ready. We’re still a crew.’’ Too often the critical achievements ‘‘We remember each little feature of rig- [From the New London Day, July 9, 2008] of our submarine force, our silent serv- ging it for dive. We feel very confident we WONDER OF ‘‘NAUTILUS’’ ice, go unnoticed. The resolution today could do that again,’’ said Jack Kurrus, an Even after 50 years, the feat of the men rightfully honors not only the officers engineman also on the trip. ‘‘Wouldn’t it be and their boat, USS Nautilus, is astounding. and crew of the Nautilus but all those nice to go to sea one more time?’’ Crossing the North Pole under the polar ice who played a part in her success, from Nautilus (SSN 571) left Pearl Harbor, Ha- cap in a nuclear-powered submarine con- the highest levels of our government, waii, on July 23, 1958, under top-secret orders stituted much more than the single event to the countless support ships and per- to conduct Operation Sunshine, the first itself. The voyage unlocked the tremendous crossing of the North Pole by a ship. About potential of submersibles powered in a way sonnel who helped her along the way, 10 months earlier, the Soviet Union had that they could travel indefinitely on a mis- and finally, the talented workforce at launched the first artificial satellite into sion. And imaginations soared. Electric Boat who gave us the first and space. There has followed one generation after finest submarine in our history. ‘‘We wanted to out-Sputnik the Russians,’’ another of nuclear submarines, each more I would like to enter two articles Charette said. capable than its predecessors, but the pio- from the New London Day into the The crew of 116 men reached the North neering brilliance of Nautilus remains a Pole at 11:15 p.m. on Aug. 3, 1958. They re- RECORD, one highlighting the opening marker for naval historians. So, too, does ceived the Presidential Unit Citation, the of the new exhibit at the Submarine the relentless pursuit of excellence that first ever issued in peacetime. characterized Adm. Hyman G. Rickover’s di- Force Museum in Groton and an edi- Charette, Kurrus and another former crew rection of the Navy’s nuclear power program. torial praising the achievements of the member, Joe Degnan, were at the U.S. Navy As reporter Jennifer Grogan’s feature Nautilus and her crew. Submarine Force Museum Friday for the un- story June 30 revealed, the voyage also cre- 1445 veiling of a new exhibit that commemorates ated an impenetrable bond among the crew b the 50th anniversary of their voyage. The ex- and officers of Nautilus. At the time of the I will also enter into the RECORD at a hibit, which includes artifacts and pre- trip, few in civilian life quite understood the later date a list of the crew who jour- viously unpublished color images, runs magnitude of the Nautilus’ accomplishment. neyed to 90 North so that their names through March 2009. But succeeding classes of submarines have will be tied to the historic achieve- The successful 1958 trip was not the Nau- made clear the almost limitless capabilities ments in today’s resolution. tilus’ first attempt to cross from the Pacific of these boats. to the Atlantic over the top of the world. The self-confidence and optimism dis- I want to thank the Commander of The crew was in the Arctic a year earlier played by the veterans in Ms. Grogan’s story the naval submarine base in New Lon- to see how the submarine would operate is a modem expression of the morale of the don, Captain Mark Ginda, who first under the ice. When the ship lost power to crew that ventured north in 1958. Those men planted the idea for this resolution in its gyrocompasses, Cmdr. William R. Ander- and the imagination that conceptualized my staff’s mind. And in addition, since son gave the order to turn back because their voyage are a credit to the Navy’s I introduced H. Res. 1067, my office has there was no way to fix the ship’s position. versatility and technical skills. received nearly 50 e-mails from individ- ‘‘We spent 72 hours trying to find our way That is why it is especially fitting that the out and that was really, really scary,’’ Nautilus, open to the public, resides here uals all across the country who served Kurrus said. next to the Submarine Base, an interesting or whose loved ones served aboard the Nautilus visited the Pacific in 1958, under naval laboratory for all to see. If you haven’t Nautilus’ journey to 90 North. I want to the cover of teaching those in the Pacific yet taken the time to pay a visit, we urge thank them for their comments and Fleet about nuclear submarines. The sub- you to do so.

VerDate Aug 31 2005 05:53 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.021 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6421 Mr. Speaker, I reserve the balance of niversary of this, again, incredible sci- Assault) for the extraordinary service, sac- my time. entific and historic achievement by the rifice, and patriotism of the soldiers of the Mr. ROGERS of Alabama. Mr. Speak- U.S. Navy. Again, I just want to salute Division and their families; and er, I yield myself such time as I may the efforts of all those people involved (3) acknowledges that the contributions of the 101st Airborne Division (Air Assault) to consume. and urge passage of the resolution. ensure the continued safety and security of Mr. Speaker, I rise today in strong Mr. Speaker, I yield back the balance this nation will not go unnoticed. support of House Resolution 1067, rec- of my time. The SPEAKER pro tempore. Pursu- ognizing the 50th anniversary of the The SPEAKER pro tempore. The ant to the rule, the gentleman from crossing of the North Pole by the USS question is on the motion offered by Connecticut (Mr. COURTNEY) and the Nautilus and its significance in the his- the gentleman from Connecticut (Mr. gentleman from Alabama (Mr. ROGERS) tory of both our Nation and the world. COURTNEY) that the House suspend the each will control 20 minutes. I want to commend my colleague on rules and agree to the resolution, H. The Chair recognizes the gentleman the House Armed Services Committee, Res. 1067. from Connecticut. Representative JOE COURTNEY of Con- The question was taken. necticut, for sponsoring this important The SPEAKER pro tempore. In the GENERAL LEAVE resolution, as well as the 20 other co- opinion of the Chair, two-thirds being Mr. COURTNEY. Mr. Speaker, I ask sponsors, including Representative in the affirmative, the ayes have it. unanimous consent that all Members ROSCOE BARTLETT, the ranking member Mr. COURTNEY. Mr. Speaker, on have 5 legislative days within which to of the Seapower and Expeditionary that I demand the yeas and nays. revise and extend their remarks on the Forces Subcommittee. The yeas and nays were ordered. resolution under consideration. Submarines have been a central com- The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Is there ponent of our Nation’s naval forces for ant to clause 8 of rule XX and the objection to the request of the gen- over a century. Congress authorized Chair’s prior announcement, further tleman from Connecticut? the construction of the Nautilus in July proceedings on this motion will be There was no objection. 1951. After merely 26 months of con- postponed. Mr. COURTNEY. Mr. Speaker, I yield myself such time as I might consume. struction, unheard of by today’s stand- f ards, the first nuclear-powered sub- Mr. Speaker, I rise today in support marine—indeed, the first nuclear-pow- HONORING THE SERVICE AND SAC- of House Resolution 1080, honoring the ered vessel in the world—was commis- RIFICE OF THE 101ST AIRBORNE extraordinary service and exceptional sioned into the United States Navy. DIVISION sacrifice of the 101st Airborne Division, Shortly thereafter, on the morning of Mr. COURTNEY. Mr. Speaker, I move more commonly known as the Scream- January 17, 1955, Nautilus’ first Com- to suspend the rules and agree to the ing Eagles. manding Officer, Commander Eugene resolution (H. Res. 1080) honoring the On August 16, 1942, the day the 101st P. Wilkinson, ordered the boat away extraordinary service and exceptional Airborne Division was activated, Major from the pier and signaled the historic sacrifice of the 101st Airborne Division General William C. Lee observed that message, ‘‘Underway on Nuclear (Air Assault), known as the Screaming ‘‘The 101st has no history, but it has a Power.’’ From that day forward, Nau- Eagles, as amended. rendezvous with destiny.’’ Since that tilus continued to break all submerged The Clerk read the title of the resolu- day over 60 years ago, the 101st Air- speed and distance records. This in- tion. borne Division has distinguished itself cluded the historic mission to the The text of the resolution is as fol- time and again. North Pole on August 3, 1958. lows: Currently headquartered at Fort In honoring the USS Nautilus, I note H. RES. 1080 Campbell, Kentucky, the 101st Air- that now, just as 50 years ago, both Whereas the 101st Airborne Division (Air borne Division has faithfully answered quality and quantity matter with re- Assault), or the Screaming Eagles, America’s call to service and has a dis- spect to our naval fleet. Although our headquartered in Fort Campbell, Kentucky, tinguished history as the only air as- current military conflicts have caused has faithfully answered America’s call for sault division in the world. The divi- us to rightly focus on the health of our service since its formation on August 15, sion cleared the way for the 1st and 4th ground forces, it is again time for the 1942; Infantry Divisions at Omaha and Utah Whereas the 101st Airborne Division (Air Nation to have a strategic outlook on Beach on D-day in Normandy. Assault) defense of Bastogue during World One of the most notable of the the future role of our naval forces. We War II is regarded as one of the great should do our level best to maintain achievements in United States military his- Screaming Eagles’ achievements was our maritime dominance and forward tory; the defense of Bastogne, Belgium dur- presence around the globe. Whereas the 101st Airborne Division (Air ing the Battle of the Bulge, where the I will conclude by noting that the Assault) is the only air assault division in division was surrounded by advancing USS Nautilus’ journey from the North the world; enemy forces who demanded their im- Pole is historically significant and a Whereas the 101st Airborne Division (Air mediate surrender. Brigadier General Assault) has since deployed tens of thou- magnificent scientific and military Anthony McAuliffe led the 101st sands of young men and women to Iraq and through the siege, which was broken on achievement. I am proud that the Afghanistan no less than three times in sup- United States Navy has set an inter- port of the Global War on Terrorism, per- December 26, 1944. national standard of excellence. forming counter-insurgency operations, se- The division again proved its laud- So, Mr. Speaker, I call upon all curing liberty for such nations to deny safe- able skill and courage fighting bitter Americans to pause and honor the serv- haven to terrorists, and helping build a bet- battles in Vietnam. The 101st estab- ice and sacrifice of not only those ter future for such nations; lished an extraordinary helicopter brave Americans who crossed the Whereas over 6,000 Screaming Eagles have force of troops trained and ready for North Pole 50 years ago, but all those made the ultimate sacrifice and countless combat in Vietnam. Dense jungle and others have been injured in multiple oper- uneven terrain made the use of heli- who have served and continue to serve ations since inception; and in the defense of our Nation and its Whereas the 101st Airborne Division (Air copters highly desirable for maneuver- values. Assault) has recognized its ‘‘rendezvous with ability and aided in the Tet Offensive. I urge my colleagues to support this destiny,’’ serving the Nation in five wars, The 101st Airborne Division (Air Mo- most worthy resolution. with 19 of its members having been awarded bile) was designated the 101st Airborne Mr. Speaker, I yield back the balance the Medal of Honor: Now, therefore, be it Division (Air Assault) in October 1974. of my time. Resolved, That the House of Representa- The Screaming Eagles continued their Mr. COURTNEY. Mr. Speaker, I want tives— rendezvous with destiny by faithfully to thank the gentleman for his strong (1) recognizes the 101st Airborne Division completing combat missions in the (Air Assault), also known as the Screaming support for this measure, and just for Eagles, as one of the great Divisions in Middle East, and humanitarian and the record indicate that on August 3 American military history; peacekeeping missions in Rwanda, So- the Nautilus Museum will be holding a (2) recognizes that America owes a tremen- malia, Haiti, and in Bosnia. During the formal event to celebrate the 50th an- dous debt to the 101st Airborne Division (Air 1990 invasion of Kuwait, the division

VerDate Aug 31 2005 03:26 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.024 H14JYPT1 erowe on PROD1PC71 with HOUSE H6422 CONGRESSIONAL RECORD — HOUSE July 14, 2008 conducted the largest air assault in sume to my friend and colleague from rifice of the Screaming Eagles of the 101st history. Kentucky, Mr. ED WHITFIELD. Airborne Division of the United States Army Today, the 101st continues their his- Mr. WHITFIELD of Kentucky. I cer- and their families. I am proud to represent in tory of exemplary combat service to tainly want to thank the gentleman this chamber a portion of Fort Campbell, our Nation in Iraq and Afghanistan. from Connecticut (Mr. COURTNEY) and where the Screaming Eagles are based. Thousands of men and women proudly the gentleman from Alabama (Mr. ROG- This resolution is especially timely as sol- wear the patch of the Screaming Eagle ERS) as well as Chairman SKELTON and diers from the 101st Airborne Division are cur- on their right shoulder as they deploy Ranking Member HUNTER for bringing rently deployed to Afghanistan and Iraq. In to defend the liberties that we enjoy this resolution to the floor today. April, Major General Jeffrey Schloesser, who here in the United States. Today, we As has been said, Fort Campbell, commands the Screaming Eagles, took over recognize the Screaming Eagles and Kentucky is the home of the 101st Air- as the senior U.S. commander in Afghanistan. the hundreds of thousands of their borne Division known as the Scream- Under General Schloesser, the 101st Airborne brethren in uniform who volunteer to ing Eagles, which is the only air as- Division took over command of Regional Com- defend our Nation each and every day. sault division in the world. It has been mand East, an area comprised of 14 prov- I urge my colleagues to join me in my distinct privilege and pleasure to inces in eastern Afghanistan. At the same support of this resolution. represent the First Congressional Dis- time, three Brigade Combat Teams from the Mr. Speaker, I reserve the balance of trict of Kentucky, which is the home of 101st Airborne Division are serving in Iraq. my time. this great unit. Many of the soldiers have been deployed mul- Mr. ROGERS of Alabama. Mr. Speak- I would also like to say that, while tiple times in Afghanistan and Iraq, some of er, I yield myself such time as I may this resolution focuses explicitly on those deployments under the command of consume. the 101st Airborne Division, Fort General David Petraeus, now the Commander Mr. Speaker, I rise today in strong Campbell is also the home of the 160th of U.S. Central Command. support of this resolution honoring the Special Aviation Regiment, the Fifth One need only look at the history of the extraordinary service and exceptional Special Forces Group, the 86th Combat Screaming Eagles to understand the legacy of sacrifice of all those who have served Support Hospital, and we have many the 101st Airborne Division. Originally acti- and are serving in the 101st Airborne young men and women also serving at vated during World War I, the Screaming Ea- Division known as the Screaming Ea- the Blanchfield Army Hospital as well gles would go on to serve in World War II, gles. as the Garrison Command at Fort Vietnam, and Desert Storm, along with their For more than 65 years, since its for- Campbell. most recent deployments to Afghanistan and mation in 1942, the division has estab- I was delighted that the gentleman Iraq. lished a record of bravery, commit- from Connecticut and the gentleman During World War II, the soldiers of the ment, military prowess and excellence from Alabama talked briefly about the 101st Airborne Division would have the dis- that marks it as one of the great mili- history of this great 101st Airborne Di- tinction of being the first Americans to land in tary units in American history. vision. I might say that, throughout its France as part of the D-Day invasion. Nearly When activated, the division’s first history, 19 individuals of that unit 60 years later, the Screaming Eagles became commander told his men that, while have received the highest declaration the first conventional unit to deploy in the the division had no history, it had a offered by the U.S. Government, which Global War on Terror; participated in Oper- ‘‘rendezvous with destiny.’’ And is the Medal of Honor. ation Anaconda, a tough early battle in Af- through five wars, the soldiers of that Since Operation Enduring Freedom ghanistan; and help lead the invasion into division have never failed that vision. and Operation Iraqi Freedom began, Iraq. In World War II, from Normandy to thousands of members of the 101st Air- Mr. Speaker, thank you for joining us today Holland to Bastogne, and Hitler’s Ea- borne Division have been deployed no to honor the 101st Airborne Division, the men gle’s Nest, the division fought with less than three times, performing dan- and women who have earned their place in great distinction. More than 2,000 of its gerous counter-insurgency operations history. They and their families will be in our members died defending freedom. De- and working to secure liberty in na- thoughts and prayers as they continue to ployed to Vietnam for 7 years, the divi- tions that once served as safe havens serve with distinction. sion never failed to accomplish any for terrorists. Mr. COURTNEY. Mr. Speaker, I yield mission. I might also say that we pay special back the balance of my time. The SPEAKER pro tempore. The Though few of its battles became tribute to the nearly 200 members of question is on the motion offered by household names, the division’s 4,000 the 101st Division who have lost their the gentleman from Connecticut (Mr. deaths and 17 Medals of Honor are evi- lives fighting the global war on ter- COURTNEY) that the House suspend the dence of the unhesitating courage and rorism, and throughout its proud his- rules and agree to the resolution, H. sacrifice the division has made in tory over 6,000 have lost their lives. Southeast Asia. Despite the dangers and difficulties Res. 1080, as amended. The question was taken. Today, tens of thousands of the 101st faced by these soldiers and their loved The SPEAKER pro tempore. In the soldiers have deployed to Iraq and Af- ones, I might say that 65 percent reen- opinion of the Chair, two-thirds being ghanistan, helping to secure liberty for list and request to stay with the 101st in the affirmative, the ayes have it. those nations, denying a safe haven to Airborne Division, which certainly Mr. ROGERS of Alabama. Mr. Speak- terrorists, and helping to protect demonstrates the loyalty to the proud er, on that I demand the yeas and nays. America’s interests. history and tradition of this unit. The yeas and nays were ordered. So, Mr. Speaker, it is entirely fitting I’d like to thank all of the cosponsors The SPEAKER pro tempore. Pursu- that we honor the 101st Airborne Divi- of this resolution. The brave soldiers of ant to clause 8 of rule XX and the sion as one of the great American mili- the 101st Airborne Division have never Chair’s prior announcement, further tary units. More importantly, we must hesitated to answer this Nation’s call proceedings on this motion will be recognize and honor the tremendous to duty, and it is my great privilege to postponed. debt that we owe to all who have honor them with this resolution. f served so well in this storied and his- Mr. COURTNEY. Mr. Speaker, I con- toric division. tinue to reserve the balance of my EXPRESSING APPRECIATION OF I want to thank my colleague, Mr. time. CONGRESS TO THE FAMILIES OF WHITFIELD, for introducing this resolu- Mr. ROGERS of Alabama. Mr. Speak- MEMBERS OF ARMED FORCES tion. er, I yield back the balance of my time. Mr. COURTNEY. Mr. Speaker, I move Mr. Speaker, I reserve the balance of Mr. COURTNEY. Mr. Speaker, again, to suspend the rules and agree to the my time. I just want to salute Mr. WHITFIELD’s concurrent resolution (H. Con. Res. 295) Mr. COURTNEY. Mr. Speaker, I con- and Mr. ROGERS’ fine comments. expressing the deepest appreciation of tinue to reserve the balance of my They’ve said it all. Congress to the families of members of time. Mr. TANNER. Mr. Speaker, I rise today in the United States Armed Forces. Mr. ROGERS of Alabama. Mr. Speak- strong support of H. Res. 1080, a resolution The Clerk read the title of the con- er, I yield such time as he may con- honoring the extraordinary service and sac- current resolution.

VerDate Aug 31 2005 03:26 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.026 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6423 The text of the concurrent resolution the high operational tempo, these fam- Today millions of Americans have is as follows: ilies have faced continued and sus- one or more family members serving in H. CON. RES. 295 tained separation from their service- the Armed Forces. These incredible Whereas more than 2,000,000 Americans are member, many of whom have been de- families attempt to lead normal lives demonstrating their devotion to the United ployed more than one time. while their loved ones stand in harm’s States and freedom by serving in the United Living without the support of a be- way, fulfilling our Nation’s oath to States Armed Forces; loved servicemember can be a daily serve and protect. The strength of the Whereas there are a multitude of family struggle, and especially so for young military family is astounding. Military members, including mothers, fathers, sib- children. Even so, our military families parents give their sons and daughters lings, spouses, and children, supporting each rise to the challenge with incredible member of the Armed Forces; to our Nation and pray relentlessly for Whereas, even in peacetime, the family of strength and perseverance. These fami- their safe return. They look forward to a member of the Armed Forces makes con- lies are proud to know that the sac- every letter and phone call, while fear- cessions given the inherent dangers of mili- rifices that they and their loved one ing the ringing of the phone and the tary service and the frequent relocations re- makes are to serve the country they doorbell at the same time. sulting in disruption of everyday routine; love. As we celebrate military families, let Whereas, during wartime, family members When a member returns home, it is us not forget the sacrifices of the chil- endure increased sacrifices, forgo time with our military families who are there for dren. Military children are special in their loved one, and face increased worry and warriors. They provide our first line of their strength and their maturity. uncertainty when their loved one serves ex- tended tours overseas or engages in enhanced defense to ensure that warriors who are They do not always have ‘‘home- training activities; wounded or need assistance receive the towns,’’ but they have a heightened Whereas an increasing number of family help that they have earned and de- sense of family both in the traditional members have taken on volunteer respon- serve. Families are often the first to sense and in the special characteristics sibilities in organizations associated with identify the needs of their loved one of the military community. the Armed Forces; and to help ensure that those needs are Military families have an uncanny Whereas the family of a member of the met. Many families have made tremen- resilience. They are some of the strong- Armed Forces wounded in action willingly dous sacrifices to support their wound- est citizens in this country, and I am accepts the additional role of caregiver, even when it requires postponement of personal ed warrior, often giving up their own privileged to recognize them not only goals; personal goals to ensure that our today but every day. Whereas the families of members of the wounded warriors are well cared for. I urge my colleagues to support this Armed Forces serve as a pillar of strength Military families are also unsur- very important resolution. Without the and encouragement for those serving the in- passed in their devotion to their mili- support of our military families, the terests of the United States at home and tary communities. We depend on mili- Armed Forces would not be the incred- abroad; and tary family members who volunteer to ible power they are today. Whereas the families of members of the support units and other families. As Mr. Speaker, I reserve the balance of Armed Forces play a critical role in pro- the demand has only increased over my time. viding emotional support and readjustment Mr. COURTNEY. Mr. Speaker, I yield assistance as members transition from mili- time with repeated deployments, the tary life to civilian life: Now, therefore, be it responsibilities that these family mem- such time as he may consume to my Resolved by the House of Representatives (the bers have undertaken has also in- friend and colleague and leader, the Senate concurring), That Congress expresses creased tenfold. These are Americans distinguished chairman of the Armed its deepest appreciation to the families, both who answer the call in their hearts to Services Committee, the gentleman immediate and extended, of members of the serve the men and women who protect from Missouri (Mr. SKELTON). United States Armed Forces for the unwav- our homeland. Their strength, compas- Mr. SKELTON. I thank the gen- ering support, both physical and emotional, tleman from Connecticut for his lead- that family members give their loved ones sion, and unselfish sacrifice truly epit- while they answer the call to serve their omize all that is good about the Amer- ership on this issue. country and keep the United States safe. ican spirit. Mr. Speaker, we recall that our Na- tion has been at war for over 6 years. It The SPEAKER pro tempore. Pursu- House Concurrent Resolution 295 is is often in times of conflict that our ant to the rule, the gentleman from our way in the Congress of expressing uniformed services are called upon, as Connecticut (Mr. COURTNEY) and the our sincerest appreciation to our mili- in wartime now, to extraordinary duty. gentleman from Alabama (Mr. ROGERS) tary families for the unwavering sup- It is their families that we seem from each will control 20 minutes. port that they give to the men and time to time to forget, but the support The Chair recognizes the gentleman women who serve to keep the United of their families is so very important. from Connecticut. States safe. I urge my colleagues to They are a very special group. Military GENERAL LEAVE join me in support of this very impor- families regularly face months of sepa- Mr. COURTNEY. Mr. Speaker, I ask tant resolution. ration, one, two, three, and in some unanimous consent that all Members Mr. Speaker, I reserve the balance of cases, four deployments. Children being have 5 legislative days within which to my time. Mr. ROGERS of Alabama. Mr. Speak- born—I recall, Mr. Speaker, not all revise and extend their remarks on the er, I yield myself such time as I may that long ago coming into port and resolution under consideration. then helicoptered out to the USS Harry The SPEAKER pro tempore. Is there consume. S. Truman and seeing a good number of objection to the request of the gen- I rise in support of House Concurrent sailors being allowed to leave the ship tleman from Connecticut? Resolution 295, which expresses the There was no objection. deepest appreciation of Congress to the first to meet their family and to meet Mr. COURTNEY. Mr. Speaker, I yield families of members of the United the newborn children of those families myself such time as I may consume. States Armed Forces. I would like to that they had never seen before. Sto- Mr. Speaker, I rise today in strong thank Mr. BILIRAKIS of Florida for in- ries of children being born, of precious support of House Current Resolution troducing this resolution. moments like graduations and birth- 295, which expresses the deep apprecia- Mr. Speaker, I am honored to pay days being separated. tion of Congress to the families of tribute today to the force behind the I think it is important that we in members of the United States Armed force: the military family. It has long Congress recognize the importance and Services. been known that the military services give moral support and comfort and recruit individuals but we retain fami- thanks to those military families who b 1500 lies. This has never been more true or bond together in times of crisis and Over 2 million American men and more critical than it is today. help each other. And I think it’s in- women are serving in the Armed The support our troops receive from cumbent upon every American not only Forces today. These military men and their loving families—mothers, fathers, to say thanks and show appreciation to women have parents, spouses, and chil- sisters, brothers, spouses, and chil- those we see in uniform but to do the dren who are being asked to sacrifice dren—is intangible but it is nothing same thing for the spouses and the their time with their loved one. Given less than a powerful force multiplier. children in those wonderful families.

VerDate Aug 31 2005 03:26 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.028 H14JYPT1 erowe on PROD1PC71 with HOUSE H6424 CONGRESSIONAL RECORD — HOUSE July 14, 2008 Mr. ROGERS of Alabama. Mr. Speak- rules and agree to the concurrent reso- The SPEAKER pro tempore. Is there er, I would like to yield such time as he lution, H. Con. Res. 295. objection to the request of the gen- may consume to the sponsor of this The question was taken. tleman from Connecticut? legislation, the gentleman from Flor- The SPEAKER pro tempore. In the There was no objection. ida (Mr. BILIRAKIS). opinion of the Chair, two-thirds being Mr. COURTNEY. Mr. Speaker, I yield Mr. BILIRAKIS. Mr. Speaker, I rise in the affirmative, the ayes have it. myself such time as I may consume. today in support of H. Con. Res. 295, Mr. ROGERS of Alabama. Mr. Speak- I rise in support of House Concurrent which I introduced. I would like to er, on that I demand the yeas and nays. Resolution 297, which recognizes the thank Chairman SKELTON and Ranking The yeas and nays were ordered. 60th anniversary of the beginning of Member HUNTER for allowing this reso- The SPEAKER pro tempore. Pursu- the integration of the Armed Forces. lution to come to the floor. I also want ant to clause 8 of rule XX and the Our military men and women are rep- resentative of the fabric of American to thank Mr. COURTNEY and, of course, Chair’s prior announcement, further society. They originate from every re- Mr. ROGERS. proceedings on this motion will be Among the many things that make postponed. gion of the world and represent the our Nation so great is our strong and f beautiful diversity of our planet. They bring forth with them a wide array of valiant military. The strength, cour- RECOGNIZING THE 60TH ANNIVER- age, and dedication of the men and diverse talents and skill sets that has SARY OF THE INTEGRATION OF long made the U.S. military the super- women in uniform keep us safe at home THE ARMED FORCES from threats abroad. While Congress power it is today. House Concurrent Resolution 297 rightfully has and continues to recog- Mr. COURTNEY. Mr. Speaker, I move celebrates the 60th anniversary of nize these men and women, so too to suspend the rules and agree to the President Harry Truman’s 1948 execu- should we honor their family members concurrent resolution (H. Con. Res. 297) tive order declaring that the equality who serve as constant pillars of recognizing the 60th anniversary of the of treatment and opportunity for all strength for them. integration of the United States Armed persons in the Armed Forces was the Behind each and every one of the Forces, as amended. policy of the President. We celebrate more than 2 million individuals serving The Clerk read the title of the con- this seminal event in our Nation’s his- in the United States Armed Forces is a current resolution. tory for installing the democratic multitude of family members, be it The text of the concurrent resolution ideals of equality in our military and mothers, fathers, sisters, brothers, is as follows: H. CON. RES. 297 our country. spouses, aunts, uncles, extended fam- During the Second World War, the ily, offering encouragement and pro- Whereas the United States has always had strong Armed Forces made up of courageous Tuskegee Airmen broke the color bar- viding the emotional and physical sup- rier within the Armed Forces to be- port our defenders need to successfully men and women serving the ideals of duty, honor, and country; come the first black pilots, navigators, protect our Nation. These family mem- Whereas the Armed Forces were unfortu- and bombardiers. It was the impen- bers make daily sacrifices as they forgo nately once a place of segregation of the etrable code created from the Navajo time with their loved ones and face in- races; language and utilized by the Navajo creased worry and uncertainty as mem- Whereas despite segregation, minority Code Talkers that helped save lives in bers of the Armed Forces serve ex- members of the Armed Forces, such as the the Pacific. Japanese American sol- tended tours abroad and engage in Tuskegee Airmen, who trained at historic Moton Field in Macon County, Alabama, diers volunteered to serve in uniform more frequent training missions. while their families were held in con- Even under the most difficult cir- demonstrated honor and bravery above and beyond the call of duty; centration camps in the United States. cumstances, when one of our soldiers is Whereas the bravery and sacrifice of all It was the ingenuity of refugee sci- wounded in action, these families will- members of the Armed Forces regardless of entists escaping anti-Semitism in their ingly take on the role of caregiver. race during World War II and prior conflicts homeland that led to the American ac- They selflessly postpone their personal is a matter of national honor; quisition of nuclear technology. Diver- goals and rearrange their lives to meet Whereas the integration of the Armed sity has made our Armed Forces and the physical and emotional needs of Forces beginning in 1948 was a seminal event our Nation safer and stronger. their loved ones as they transition in our Nation’s history and instilled the Unfortunately, our Armed Forces democratic ideal of equality in the military; back to civilian life. was once a place of discrimination and Our members of the Armed Forces and Whereas the continued bravery and dedica- segregation. Many Americans of Afri- are able to exhibit the level of strength tion of every member of the Armed Forces can, Asian, and Hispanic descent who and devotion that is their trademark, continues to be a source of pride to every served in the Armed Forces struggled in part because of the network of sup- American: Now, therefore, be it against frequent episodes of racism and port that they know they have at Resolved by the House of Representatives (the bigotry. Often these American home. That is why I have introduced H. Senate concurring), That it is the sense of servicemembers felt that they were Con. Res. 295, which recognizes the in- Congress to honorably and respectfully rec- fighting two wars, one against a for- tegral role the families of our service- ognize the historic significance and to cele- brate the 60th Anniversary of President Tru- eign enemy and the other against rac- members play in defense of our Nation. man’s Executive Order 9981 signed on July 26, ism from within their own ranks. Mr. Speaker, it is with great honor 1948 that declared it to be the policy of the Despite great adversity, Americans and privilege that I rise today to ex- President that there shall be equality of of minority descent proudly served press my deepest appreciation to the treatment and opportunity for all persons in with honor and bravery, above and be- immediate and extended families of the the armed services without regard to race, yond the call of duty. We in Congress members of the Armed Forces for their color, religion or national origin thereby be- recognize their contributions and unwavering support that they provide ginning the process of ending segregation in honor them for their sacrifices. The to our Nation’s heroes. I urge all my the United States Armed Forces. bravery and sacrifice of all members of colleagues to do the same by sup- The SPEAKER pro tempore. Pursu- the Armed Forces, regardless of race, porting this resolution. ant to the rule, the gentleman from color, or creed, will always be a matter Mr. ROGERS of Alabama. Mr. Speak- Connecticut (Mr. COURTNEY) and the of national honor. er, I have no further requests for time, gentleman from Alabama (Mr. ROGERS) Today the multi-racial makeup of and I yield back the balance of my each will control 20 minutes. our troops is a testament to the demo- time. The Chair recognizes the gentleman cratic ideals that all Americans hold Mr. COURTNEY. Mr. Speaker, I have from Connecticut. dear, that all men and women are cre- no further requests for time, and I GENERAL LEAVE ated equal. Our diverse forces serve as yield back the balance of my time. Mr. COURTNEY. Mr. Speaker, I ask a proud example for the rest of the The SPEAKER pro tempore. The unanimous consent that all Members world in these times of racial and reli- question is on the motion offered by have 5 legislative days within which to gious intolerance. the gentleman from Connecticut (Mr. revise and extend their remarks on the I urge my colleagues to join me in COURTNEY) that the House suspend the resolution under consideration. support of this important resolution.

VerDate Aug 31 2005 03:26 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.031 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6425 Mr. Speaker, I reserve the balance of With that, Mr. Speaker, I reserve the through many of the wars. I’m very my time. balance of my time. proud to have an uncle who just passed Mr. ROGERS of Alabama. Mr. Speak- Mr. COURTNEY. Mr. Speaker, I yield away 2 years ago, 3 years ago, who was er, I yield myself such time as I may such time as he may consume to my in the invasion of Normandy. I used to consume. friend and colleague, the distinguished recall as a young boy receiving the let- I rise in strong support of this resolu- chairman of the Armed Services Com- ters that he would send that were tion commemorating the 60th anniver- mittee, the gentleman from the State photocopied and made about the size of sary of the beginning of integration in of Missouri, the same State that your hand where anything they felt the United States Armed Forces. brought us President Harry Truman, was strategic was blacked out. And my b 1515 Mr. IKE SKELTON. Uncle John was a staff sergeant. As I Mr. SKELTON. I thank my friend mentioned, he was in the invasion of Throughout the course of our Na- from Connecticut for yielding and take Normandy. And his wife, Ruth Garrett, tion’s history, the men and women of this opportunity to mention the fact who is still alive, worked in Picatinny the armed services have defended our Arsenal in New Jersey for the war ef- liberties with bravery, honor and sac- that my fellow Missourian, President Harry S. Truman, on the 26th day of fort making weapons for our armed rifice. But because our Nation racially services. He was very proud when the segregated its military prior to 1948, July, 1948, signed Executive Order 9981 establishing the ‘‘policy of the Presi- World War II monument was opened, generations of African Americans self- and he proudly sat with his uniform lessly served our Nation with the dent that there shall be equality of treatment and opportunity for all per- and his cap and his medals and made us knowledge that they were fighting very, very proud of his service. Even abroad for many of the freedoms that sons in the armed services with regard to race, color, religion, or national ori- today, one of my employees, Richard they were frequently denied here at Turner, is serving in Iraq. home. Despite this injustice, not only gin.’’ That executive order also estab- lished the President’s Committee on But there have been African Ameri- did African Americans serve honorably cans who have served for so many to fight for all our freedoms, they did Equality of Treatment and Oppor- tunity in our armed services. years. It took Mrs. Eleanor Roosevelt so with dignity and bravery that to fly with the Tuskegee Airmen for earned many of them our Nation’s top On the 23rd of this month, our Con- gress will recognize the 60th anniver- them to finally allow the Tuskegee military honors. Airmen to fly in combat because there One of the most important events in sary of the beginning of the process of integration for our military. was resistance to that. And as we our Nation’s history that helped move know, the first person, as a matter of our country toward a more integrated African American men and women have served this Nation with honor, fact, to die in the Revolutionary War America occurred on July 26, 1948, was Crispus Attucks back in 1770 on when President Harry S. Truman courage, commitment, even as they were denied the basic constitutional March 5 when he and four other patri- signed Executive Order 9981. This im- ots were taken down by the British to portant order, which we acknowledge freedoms promised to all Americans. Their successful integration of forces start the Revolutionary War in the with this resolution today, ordered Battle of Bunker Hill where we had that there be equality of treatment paved the way for further integration of women, Asians, Hispanics, and other Crispus, and where we had Salem Poor with all persons in the armed services who fought at the battle of Bunker regardless of race, color, religion or na- ethnic minorities. The cosmopolitan make-up of our Hill. And we can go on and on. tional origin. A neighbor of mine, Needham Rob- armed services is a testament to the Even though it took years to accom- erts and Sergeant Henry Johnson, cap- American value that we hold dear, that plish the complete integration of the tured 30 German soldiers in World War all men are created equal. It is also a armed services, it was Executive Order I and kept them captive for over a reflection of our society that we should 9981 that began the process. month. And people wondered how two treat all individuals, regardless of their Of the many units that served with soldiers could have kept so many race, their color, or national origin distinction, I particularly would like to enemy soldiers at bay. And so I am so recognize the contributions of the with respect and with dignity. And proud to have this recognition and cer- Tuskegee Airmen, who trained at his- with these days of conflict, our forces, tainly pay tribute to Harry S. Truman. toric Moton Field in my congressional our military forces of our country, are He was a person who had said ‘‘the district in Alabama. an example of what can be achieved by buck stops here.’’ He was from Mis- As most of us know, over the course respecting one’s differences and work- souri. He said that he’ll take the heat, of World War II, the Tuskegee Airmen ing together to achieve a common goal. and he did. became one of the most highly deco- House Concurrent Resolution 297 rec- And so I would just like to once rated units in the Armed Forces. These ognizes the 60th anniversary. I applaud again commend so many of the men brave pilots destroyed more than 1,000 those who have sponsored it, and I ap- and women who continue even today to German aircraft while accumulating an plaud the fact that we are taking it up show their appreciation and strength unprecedented record of flying more today and recognizing the importance for our Nation as they serve valiantly than 200 bomber escort missions over of this anniversary. in the United States Armed Services. central and southern Europe. Mr. ROGERS of Alabama. Mr. Speak- Mr. CONYERS. Mr. Speaker, it is with deep These brave Americans served with- er, I have no further requests for time pride that I rise to commemorate the 60th an- out the loss of a single bomber to at this time so I will yield back the niversary of the integration of the Armed enemy aircraft and returned home with balance of my time. Forces. As I stand here today, our forces some of our Nation’s highest military Mr. COURTNEY. Mr. Speaker, I yield around the world are united in their efforts to honors. But they also returned home to 3 minutes to my friend and colleague, preserve our liberty; however, it was not long a racially segregated America. It’s that the gentleman from New Jersey who ago that the men and women of the Armed injustice, and the steps our Nation has serves on the Education and Labor Forces faced forced division, even while pro- taken to help right that wrong, that we Committee, Mr. PAYNE. tecting our unity. are helping recognize today. I’m also Mr. PAYNE. Thank you very much African Americans have been essential to delighted that this body will help fur- for yielding. the creation and preservation of our Nation. ther recognize the occasion with a Let me commend the sponsor of this These valiant men and women fought abroad ceremony in the Capitol Rotunda later great resolution and also let me just for freedom and security in segregated units, this month. commend Representative SKELTON for while their own families were subject to op- I would like to thank Speaker the outstanding work that he has done pression and inequality on the home front. De- PELOSI, Majority Leader HOYER, and for so many years in the Armed Serv- spite this, African-American troops still hon- Chairman SKELTON for allowing this ices Committee. ored the ideals of the United States and cou- resolution today. I’d also like to thank I stand in support of this resolution, rageously defended the country; many of them my good friend and colleague from H. Con. Res. 297, because as we all would go on to earn top military honors. Florida, Mr. KENDRICK MEEK, for his know, there were many, many African Fortunately the United States military would strong support of this resolution. Americans who have fought valiantly not remain so divided. On July 26, 1948,

VerDate Aug 31 2005 03:26 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 E:\CR\FM\K14JY7.033 H14JYPT1 erowe on PROD1PC71 with HOUSE H6426 CONGRESSIONAL RECORD — HOUSE July 14, 2008 President Harry Truman signed Executive GENERAL LEAVE smarter regulations. It did this by Order 9981, mandating the equal treatment of Mr. SCHIFF. Mr. Speaker, I ask working to improve the public’s under- all persons in the armed services without re- unanimous consent that all Members standing and participation in the rule- gard to race, color, religion or national origin. have 5 legislative days to revise and ex- making process, promoting judicial re- In addition to beginning the process of immi- tend their remarks and include extra- view of agency regulations, and reduc- gration, Executive Order 9981 also established neous material on the bill under con- ing regulatory burdens on the private the President’s Committee on Equality of sideration. sector. Treatment and Opportunity in the Armed Serv- The SPEAKER pro tempore. Is there Third, and perhaps most impor- ices. While it would take years for the integra- objection to the request of the gen- tantly, Congress needs the conference. tion of the armed services to be completed, it tleman from California? Experience with the Congressional Re- was Executive Order 9981 which began to There was no objection. view Act proves that there are limita- Mr. SCHIFF. I yield myself such time pave the path to unity. tions in Congress’ ability to provide ag- as I may consume. gressive oversight of the regulatory The Revolutionary War was spurred by a Mr. Speaker, the Federal regulation process. document, the Declaration of Independence, process is one of the most important Congressional recognition of the Con- which proclaimed, ‘‘All men are created ways by which our Nation implements ference’s significant contributions to equal’’. Many African Americans fought in the public policy. Each year, agencies issue the regulatory process is probably best Revolution, while experiencing unequal treat- thousands of regulations to promote evidenced by the fact that legislation ment. Another document, Executive Order safety in our lives, from the food we 9981, authored by President Truman, was eat, to the cars we drive, to the air we assigning responsibilities to it con- able to begin the integration of the armed breathe. tinues to be introduced in nearly every services, which ended this pervasive inequality Although regulations play a critical Congress, including the current one. and segregation. The signing of Executive role in protecting so many aspects of The Congressional Research Service Order 9981 was a pivotal moment in our his- our daily lives, there is no independent, advises that reactivation of the Con- tory and I wholeheartedly support its com- nonpartisan entity that Congress can ference now would come at ‘‘an oppor- memoration. rely upon to help us ensure that these tune time,’’ especially in light of ef- I commend my colleagues, Representatives regulations are working as intended. forts by the White House to augment MIKE ROGERS and KENDRICK MEEK, for bring- The Administrative Conference of the its involvement in the regulatory proc- ing this legislation to the floor. United States was just such an entity, ess. Mr. COURTNEY. Mr. Speaker, I yield a public-private think tank that pro- There are few entities that have en- back the balance of my time. vided invaluable guidance to Congress joyed more bipartisan support than the The SPEAKER pro tempore. The about how to improve the administra- Administrative Conference, and under- question is on the motion offered by tive and regulatory process. standably so. It is all about promoting the gentleman from Connecticut (Mr. First authorized by President John good government. COURTNEY) that the House suspend the F. Kennedy, the Conference made nu- I commend my colleague, the rank- rules and agree to the concurrent reso- merous recommendations over the ing member of the Subcommittee on lution, H. Con. Res. 297, as amended. course of its 27-year existence, many of Commercial and Administrative Law, The question was taken. which were enacted into law. The con- CHRIS CANNON of Utah, for his leader- The SPEAKER pro tempore. In the ference was last funded into in 1995. ship in continuing to pursue reauthor- opinion of the Chair, two-thirds being H.R. 3564, the Regulatory Improvement ization of the conference. in the affirmative, the ayes have it. Act of 2007, would reauthorize it for 3 Last October, the House passed this Mr. ROGERS of Alabama. Mr. Speak- years. bill on suspension by voice vote with- er, on that I demand the yeas and nays. Some might ask why we are reau- out amendment. The Senate late last The yeas and nays were ordered. thorizing an entity that has been out of month finally acted and passed the bill The SPEAKER pro tempore. Pursu- existence for so long. Let me mention with a small amendment which essen- ant to clause 8 of rule XX and the three important reasons. First, the tially reauthorizes the Conference at a Chair’s prior announcement, further Conference can save taxpayer dollars, level of funding in the amount of $3.2 proceedings on this motion will be in fact, millions of dollars. When it was million. postponed. in existence, it helped agencies imple- I urge my colleagues to concur in the ment many cost-saving procedures and f Senate amendment so we can send this make numerous recommendations to bill to the President. REGULATORY IMPROVEMENT ACT eliminate excessive litigation costs and I reserve the balance of my time. OF 2007 long delays. b 1530 Mr. SCHIFF. Mr. Speaker, I move to Just one agency alone, the Social Se- suspend the rules and concur in the curity Administration, estimated that Mr. GOHMERT. Mr. Speaker, I yield Senate amendment to the bill (H.R. the Conference’s recommendation to myself such time as I may consume. 3564) to amend title 5, United States change that agency’s appeal process I thank my friend from California for Code, to authorize appropriations for yielded approximately $85 million in his work on this bill, and thank the the Administrative Conference of the savings. Indeed, Justice Stephen chairman of the committee and also United States through fiscal year 2011, Breyer testified before the Sub- the ranking members of the sub- and for other purposes. committee on Commercial and Admin- committee and committee. The Clerk read the title of the bill. istrative Law about the ‘‘huge’’ savings I am delighted to see us conclude The text of the Senate amendment is to the public resulting from the Con- today our consideration of H.R. 3564 as follows: ference’s recommendations. Justice which would reauthorize the Adminis- Antonin Scalia likewise agreed that it trative Conference of the United Senate amendment: States. The bill we consider today was On page 2, lines 9 through 11, strike was an enormous bargain. ‘‘$1,000,000 for fiscal year 2008, $3,300,000 for Second, the Administrative Con- amended slightly by the Senate which fiscal year 2009, $3,400,000 for fiscal year 2010, ference promoted innovation among required this action by us today. But I and $3,500,000 for fiscal year 2011’’ and insert agencies. For example, it convinced 24 strongly urge the House to concur in ‘‘$3,200,000 for fiscal year 2009, $3,200,000 for fis- agencies to use alternative dispute res- the Senate’s amendment today. I also cal year 2010, and $3,200,000 for fiscal year olution for issues concerning the pri- urge the Appropriations Committee 2011’’. vate sector. The Conference also spear- and the House to appropriate funds The SPEAKER pro tempore. Pursu- headed implementation of the Nego- promptly to ACUS. We need this exem- ant to the rule, the gentleman from tiated Rulemaking Act, the Equal Ac- plary agency once again to become a California (Mr. SCHIFF) and the gen- cess to Justice Act, and the Magnuson- living, breathing entity and reality. tleman from Texas (Mr. GOHMERT) each Moss Warranty Act, governing con- So why is that? As the distinguished will control 20 minutes sumer product warranties. Member from Utah (Mr. CANNON) re- The Chair recognizes the gentleman The Conference played a major role marked when we originally voted out from California. in encouraging agencies to promulgate the bill, and quoting from prior adage,

VerDate Aug 31 2005 05:53 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A14JY7.032 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6427 ‘‘The government that governs best, Beltway,’’ ACUS was a unique entity. Com- by which agencies could negotiate proposed governs least. And when the govern- prised of between 75 and 101 individuals regulations, and it followed the recommenda- ment does govern, it should govern at drawn from agencies, academia, and the pri- tion with support and encouragement to agen- its best.’’ He is exactly right. That is vate sector, the Conference was classified as cies to experiment with this new technique. Ul- the role of ACUS, to ensure that when both an independent agency and a federal ad- timately, Congress adopted the Negotiated the government acts, it acts at its best. visory committee. Organizationally, it consisted Rulemaking Act in 1990, virtually copying the The small appropriations that we his- of a Chair, a Council, and an Assembly. The procedures contained in the Conference’s torically invested in ACUS yielded us Chair, appointed by the President and con- original recommendation. Similarly, in 1986 major overall savings in time and in firmed by the Senate for a five-year term, was the Conference issued the first of some fifteen money. ACUS consistently pinpointed responsible for the day-to-day activities and recommendations on using alternative means ways for the government to reduce the supervision of the 18 permanent staff. The of dispute resolution in agency adjudications. cost it incurs and that it imposes. As Council, which functioned like a board of di- In 1990 Congress again followed the Con- we confront the specter of exploding rectors, consisted of ten members appointed ference’s lead and enacted the Administrative Social Security and Medicare entitle- by the President for three-year terms, five of Dispute Resolution Act. Recognizing the Con- ment costs hijacking the Federal budg- whom were always current senior federal offi- ference’s leadership role in this area, that Act et, we need ACUS all the more. We cials. The Assembly was made up of the gave the Conference the principal role for co- must do everything we can to avoid Chair, the Council, and the other members of ordinating and promoting ADR in the federal waste in our spending and to lighten the Conference, a majority of whom had to government. the government burden on our econ- come from government service. All of the Another area in which the Conference had omy. By reauthorizing and refunding members (other than the Chair) served without a major influence involved its study of Presi- ACUS, we can take important steps in compensation. dential review of agency rulemaking under- that effort. I again thank the gen- The primary, although not exclusive, func- taken during the Reagan administration. This tleman from California for his work. tion of the Conference was to study adminis- was a subject that had the potential to be- I reserve the balance of my time. trative processes with an eye to recom- come highly partisan, but the Conference’s Mr. SCHIFF. Mr. Speaker, may I in- mending improvements to Congress and the reputation for neutrality and expertise enabled quire how many more speakers my col- agencies. It performed this function by com- it to review the practice, generally validate its league from Texas has remaining. missioning studies by law professors expert in exercise, and makes certain recommendations Mr. GOHMERT. I have no further the administrative process that then were re- to improve its openness and public accept- speakers, and I yield back the balance viewed by one of six standing committees: ad- ability. Because of the Conference’s track of my time. judication, administration, governmental proc- record of useful and expert studies of the ad- Mr. SCHIFF. Mr. Speaker, I thank esses, judicial review, regulation, and rule- ministrative process, all the regulatory reform the gentleman from Texas and I thank making. The recommendations developed by bills considered by the Senate in the last ses- the Speaker as well as the work of Mr. committees of the Conference would be con- sion included provisions for the Conference to CANNON of Utah. I urge passage of the sidered for adoption by the Assembly in ple- study the effects of the legislation. bill. nary sessions, which were typically held twice The Conference’s contribution to administra- As we have seen most recently in the a year. tive law and procedure was not limited just to actions and inactions by the FDA deal- The improvements occasioned by the Con- studies. Drawing on its expertise, ACUS ing with the salmonella incidents, or ferences recommendations are legion. Inas- issued numerous publications designed to as- whether it is the Consumer Product much as the Conference never had the power sist agencies in their administrative processes. Safety Commission and some of the to impose its recommendations on unwilling For example, in 1972 the Conference pub- issues involving manufactured prod- subjects, the fact that so many of its rec- lished the first edition of its Manual for Admin- ucts from other countries, the regu- ommendations bore fruit is a testimony to their istrative Law Judges (now in its 3d edition); in latory process is extraordinarily im- intrinsic sense. Some, like the Conference’s 1978 it published its Interpretive Guide to the portant in protecting the American recommendation in 1968, its first year of oper- Government in the Sunshine Act; in 1981 it people. Congress is doing its best to ation, to eliminate a jurisdictional amount in issued Model Rules for Agency Implementa- oversee these agencies, but we can use suits under the APA, were followed by Con- tion of the Equal Access to Justice Act. The the assistance of this important con- gress in passing new legislation. Another ex- latter two of these documents were responsive to Congress’ requirement for agencies to con- ference, and I join my colleague in urg- ample is its recommendation to provide ad- sult with the Conference in implementing ing passage of this bill. ministrative penalty authority to agencies to in- these statutes. In addition, the Conference has Ms. JACKSON-LEE of Texas. Mr. Speaker, crease the effectiveness of agency enforce- published sourcebooks on Federal Administra- I rise today in strong support of H.R. 3564, ment activities at lower cost, first proposed by tive Procedure, Negotiated Rulemaking, and Regulatory Improvement Act of 2007. The ad- the Conference in 1972 and since adopted by Alternative Dispute Resolution, as well as the ministrative conference was first created inside Congress in over 200 statutes. A third is its the Department of Justice by President Ken- Guide to Federal Agency Rulemaking. 1980 recommended solution to unseemly Finally, in recent years, following the col- nedy. Later, it was moved out of the Depart- races to the courthouse in rulemaking ap- lapse of the Soviet Union, Congress author- ment of Justice by President Johnson. The peals, adopted by Congress in 1988. ized the Conference to lend its expertise to mission was a private partnership to discuss Other recommendations, like the Con- newly emerging democracies in their creation administrative law and regulatory system and ference’s early recommendation to eliminate of administrative law and procedures. As a re- how to make it better. Supreme Court Justices the exemption from the APA’s notice-and-com- sult, the Conference sponsored seminars in Breyer and Scalia served on the Conference ment requirements for rules relating to public the Ukraine, Hungary, the People’s Republic before becoming Justices and both have testi- property, loans, grants, benefits, and con- of China, and South Africa. fied in the past for its re-authorization. This bill tracts, were sufficiently influential to lead The ABA has long been a strong supporter reauthorizes the Administrative Conference. I agencies to adopt the recommendations on of the Conference, and over the years the support this bill and I encourage my col- their own. Its recommendation in 1988 on Conference and the Section on Administrative leagues to do likewise. Presidential Transition Workers’ Code of Eth- Law and Regulatory Practice have enjoyed a The Administrative Conference of the United ical Conduct were used by President Bush as close and mutually supportive relationship. States (ACUS), an independent agency and the basis for his transition standards of con- This bill reauthorizes the administrative con- advisory committee created in 1968, studied duct, and the Clinton administration likewise ference. U.S. administrative processes with an eye to followed what had become standard proce- I support this Act and encourage my col- recommending improvements to Congress and dures. From 1968 to 1995, the Conference leagues to support it also. agencies. From 1968 to 1995, the ACUS issued approximately 200 recommendations, Mr. SCHIFF. I yield back the balance issued approximately 200 recommendations, most of which have been at least partially im- of my time. most of which have been at least partially im- plemented. The SPEAKER pro tempore. The plemented. Congressional funding for ACUS Probably the area in which the Conference question is on the motion offered by was terminated in 1995. had its greatest influence was in introducing the gentleman from California (Mr. ACUS’s recommendations were published and supporting the use of alternative dispute SCHIFF) that the House suspend the periodically in the Code of Federal Regula- resolution techniques in agency practice. Its rules and concur in the Senate amend- tions prior to 1995. Little known ‘‘outside the recommendation in 1982 provided procedures ment to the bill, H.R. 3564.

VerDate Aug 31 2005 03:26 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.038 H14JYPT1 erowe on PROD1PC71 with HOUSE H6428 CONGRESSIONAL RECORD — HOUSE July 14, 2008 The question was taken; and (two- tion of his long history of protecting the Later, as a judge on the U.S. Court of thirds being in the affirmative) the rights of women, children, prisoners, and the Appeals for the Second Circuit from rules were suspended and the Senate homeless; and 1961 to 1965, he would author 112 opin- amendment was concurred in. Whereas Thurgood Marshall died on Janu- ions, with not one of them being over- A motion to reconsider was laid on ary 24, 1993, at the age of 84: Now, therefore, be it turned. the table. Resolved by the House of Representatives (the Thurgood Marshall would continue f Senate concurring), That Congress— his service to this country in two very HONORING THURGOOD MARSHALL (1) honors the dedication and achievements distinguished capacities. He served as ON THE 100TH ANNIVERSARY OF of Thurgood Marshall; the first African American Solicitor (2) recognizes the contributions of HIS BIRTH General, from 1965 until 1967. That Thurgood Marshall to the struggle for equal year, he was appointed associate jus- Mr. SCHIFF. Mr. Speaker, I move to rights and justice in the United States; and tice on the U.S. Supreme Court, the (3) celebrates the lifetime achievements of suspend the rules and agree to the con- first African American Justice, where current resolution (H. Con. Res. 381) Thurgood Marshall on the 100th anniversary of his birth. he served until he retired in 1991. honoring and recognizing the dedica- While Justice Marshall is best known The SPEAKER pro tempore. Pursu- tion and achievements of Thurgood for his lead role in the cases culmi- Marshall on the 100th anniversary of ant to the rule, the gentleman from nating in the 1954 decision in Brown v. his birth. California (Mr. SCHIFF) and the gen- Board of Education, which laid the The Clerk read the title of the con- tleman from Texas (Mr. GOHMERT) each foundation for the dismantling of Jim current resolution. will control 20 minutes. Crow segregation, he fought racial seg- The text of the concurrent resolution The Chair recognizes the gentleman regation in every aspect of society, and is as follows: from California. H. CON. RES. 381 this pursuit for a fair and just America GENERAL LEAVE made him one of the Nation’s best ad- Whereas Thurgood Marshall was born in Mr. SCHIFF. Mr. Speaker, I ask vocates of civil rights. Baltimore, Maryland, on July 2, 1908, the unanimous consent that all Members grandson of a slave; In Chambers v. Florida, he chal- Whereas Thurgood Marshall developed an may have 5 legislative days to revise lenged a biased criminal justice sys- interest in the Constitution and the rule of and extend their remarks and to in- tem. In Shelley v. Kraemer, he chal- law in his youth; clude extraneous material on the reso- lenged discrimination in housing. And Whereas Thurgood Marshall graduated lution under consideration. in Smith v. Allwright, he challenged from Lincoln University in Pennsylvania The SPEAKER pro tempore. Is there inequitable voting practices. with honors in 1930, but was denied accept- objection to the request of the gen- Finally, in commemorating Justice ance at the all-white University of Maryland tleman from California? Law School because he was African-Amer- Marshall, we acknowledge not just a There was no objection. good lawyer and judge, but a good man ican; Mr. SCHIFF. Mr. Speaker, I yield Whereas Thurgood Marshall attended law who reminded us that ‘‘in recognizing school at Howard University, the country’s myself such time as I may consume. the humanity of our fellow beings, we most prominent black university, and grad- Mr. Speaker, this resolution com- pay ourselves the highest tribute.’’ uated first in his class in 1933; memorates the life and work of Thurgood Marshall should be remem- Whereas Thurgood Marshall served as the Thurgood Marshall on the 100th anni- bered as an individual who raised the legal director of the National Association for versary of his birth, which was July 2, morale, spirit and conscience of this the Advancement of Colored People (NAACP) 1908. country and who tirelessly fought so- from 1940 to 1961; I commend the gentleman from New Whereas Thurgood Marshall argued 32 cial injustice throughout his life. Jersey (Mr. PAYNE) for his leadership cases before the Supreme Court of the United I ask my colleagues to join me in States, beginning with the case of Chambers in allowing us to recognize an Amer- support of this resolution that calls v. Florida in 1940, and won 29 of them, earn- ican whose life work was marked by upon us to recognize the important leg- ing more victories in the Supreme Court the principles of justice, equality, and acy of Thurgood Marshall, a man who than any other individual; freedom, and I am pleased to cosponsor challenged and inspired Americans to Whereas, as Chief Counsel of the NAACP, this legislation. live up to the principles and ideals on Thurgood Marshall fought to abolish seg- It is hard to know where to begin in which this country was founded. regation in schools and challenged laws that reciting Justice Marshall’s accomplish- I reserve the balance of my time. discriminated against African-Americans; ments. While best known for breaking Whereas Thurgood Marshall argued Brown Mr. GOHMERT. Mr. Speaker, I yield v. Board of Education before the Supreme the color barrier on the Supreme myself such time as I may consume. Court in 1954, which resulted in the famous Court, Justice Marshall is honored be- Mr. Speaker, I again thank my friend decision declaring racial segregation in pub- cause he was an expert jurist who from California, I thank the chairman lic schools unconstitutional, overturning the worked on behalf of all Americans. of the committee, the ranking member 1896 decision in Plessy v. Ferguson; Born 100 years ago in Baltimore, Mary- of the committee, and those who have Whereas Thurgood Marshall was nomi- land, and with just one generation be- worked on this bill. nated to the United States Court of Appeals tween him and slavery, Thurgood Mar- I rise in support of House Concurrent for the Second Circuit by President John F. shall experienced its legacy of segrega- Kennedy in 1961, and was confirmed by the Resolution 381 honoring and recog- United States Senate in spite of heavy oppo- tion and racist hatred in his own time. nizing the dedication and achievements sition from many Southern Senators; Rather than allow that legacy to de- of Thurgood Marshall on the 100th an- Whereas Thurgood Marshall served on the feat him, however, he dedicated his life niversary of his birth. United States Court of Appeals for the Sec- to removing its stain from our society. Thurgood Marshall, born in Balti- ond Circuit from 1961 to 1965, during which His courageous determination pro- more, Maryland, on July 2, 1908, was time he wrote 112 opinions, none of which pelled him to success in the classroom, the grandson of a slave. But after grad- were overturned on appeal; in the courtroom, and on the bench. uating first in his class from Howard Whereas Thurgood Marshall was nomi- When he was denied admission on the Law School in 1933, he went on to serve nated as Solicitor General of the United States by President Lyndon Johnson, and basis of race to the University of Mary- as the legal director of the National served as the first African-American Solic- land’s School of Law, he attended How- Association for the Advancement of itor General from 1965 to 1967; ard University’s School of Law and Colored People and argued over 30 Whereas Thurgood Marshall was nomi- graduated first in his class in 1933. cases before the Supreme Court of the nated as an Associate Justice of the Supreme When he challenged the separate-but- United States. He won 29 of them, in- Court by President Johnson in 1967, and equal status quo in his capacity as cluding the landmark decision Brown served as the first African-American member legal director of the National Associa- v. Board of Education in 1954, which of the Supreme Court; tion for the Advancement of Colored held that racial segregation in public Whereas Thurgood Marshall sought to pro- tect the rights of all Americans during his 24 People, the NAACP, from 1940 through schools was unconstitutional. years as a justice on the Supreme Court; 1961, he won 29 out of 32 cases before Thurgood Marshall, as most people Whereas Thurgood Marshall was honored the Supreme Court, the most Supreme know, was later nominated to the with the Liberty Medal in 1992, in recogni- Court cases won by any attorney. United States Court of Appeals for the

VerDate Aug 31 2005 03:26 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.039 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6429 Second Circuit by President John F. tice Marshall’s judicial legacy. It was first President of the United States of Kennedy in 1961. He served there as the profound, it was far-reaching, and it America, but John Hanson was the first African American Solicitor Gen- changed the country for the good. That first president of the Continental Con- eral from 1965 to 1967. And in 1967, he rich legacy includes his support for the gress. You will see others, signers of was nominated by President Johnson right of religious organizations to the Declaration of Independence, but to be an associate justice of the Su- maintain their religious identity, for there will be that picture just outside preme Court, its first African Amer- government voucher programs that of my door of Thurgood Marshall, be- ican member. allow individuals to exercise free and cause of what he stood for and what his I recall the days before I took the independent choices, even when those life stands for today. oath as a district judge back in Texas. best choices or services are provided by Few lives were as consequential to I was told by a retired judge who was religious organizations. It is a real the cause of American equality, and dying of cancer that it was a good job honor for me to get to honor the legacy it’s fitting that we pause the work of and a noble job, but that it would be of Thurgood Marshall. legislating and remember that life. the loneliest job I had ever held. I can I reserve the balance of my time. Thurgood Marshall said that his life- only imagine that would have been Mr. SCHIFF. Mr. Speaker, at this long fascination with the Constitution true for any Supreme Court Justice, point I would like to yield 1 minute to began in grade school, when, as a pun- but particularly true for the first Afri- the majority leader of the House of ishment, interestingly, as a punish- can American Justice on the Supreme Representatives, the distinguished gen- ment, a teacher forced him to read it Court. It had to be a lonely job; yet he tleman from Maryland (Mr. HOYER). cover to cover. Even then he must have honored himself and he honored this Mr. HOYER. Mr. Speaker, I want to been struck by the gulf between that country with his brilliant work. thank my friend from California (Mr. document’s promise of equal protection Thurgood Marshall will be remem- SCHIFF), congratulate Mr. PAYNE for and the reality of a segregated Amer- bered for the many Supreme Court de- his leadership on this effort, and Mr. ica, a gulf that turned that promise cisions he had a hand in writing, in- GOHMERT for his joining in bringing into a lie for millions of our citizens. cluding the concurring opinion in this legislation to the floor. Thurgood Marshall spent his career Church of Jesus Christ of Latter-Day I come from the State of Maryland, working to restore that promise and Saints v. Amos. and Thurgood Marshall is one of the dismantling the structures of segrega- Justice Marshall made so much in great sons of our State. But I must tell tion piece by piece. Nearly two decades the way of contributions that are so you something that you will find, I before the famous case of Brown vs. far-reaching and still very timely think, ironic. If you go to the State Board of Education, he was at the fore- today. For example, we have had the capitol which is the oldest State cap- front of a legal movement that aimed to chip away at discrimination through remaining Presidential candidates of itol still in use as a State capitol in the courts. both political parties express support this country, and you look on the east His first victory was also in some for allowing faith-based organizations front of the capitol and you walk out to take part in Federal social service ways his sweetest. He convinced the the front, there is a statue on the east Maryland Court of Appeals to deseg- programs. So it is worth remembering front that overlooks the Annapolis har- that in the Amos case Justice Marshall regate the University of Maryland law bor, and that statue is of a justice of school 6 years after that very school joined with Justice Brennan in stating the Supreme Court of the United had barred him on account of his race. that section 702(a) of the Civil Rights States from the State of Maryland. His Over the years to come, he rarely lost Act of 1964 was constitutional. That name is Roger Brooke Taney, the au- a case. In fact, he won 29 out of 32 cases section of the Civil Rights Act has, thor of the Dred Scott decision. he argued before the Supreme Court. from its inception, exempted nonprofit, But if you walk out the door to the Another famous Marylander and his private religious organizations engaged west and look out on Rowe Boulevard, wife, whom I know, is Speaker JACK- in both religious and secular nonprofit there is another statue, another Jus- SON, himself a distinguished African activities from title VII’s prohibition tice, another son of Maryland; and that American leader of a distinguished Af- on discrimination in employment on Justice is Thurgood Marshall. rican American family. I know so well the basis of religion. If religious orga- b 1545 the Mitchell family, Clarence Mitchell, nizations are to be allowed to join Fed- Jr., the NAACP’s representative in I have always thought it somewhat eral social service efforts, they must be Washington, known as the 100th Sen- ironic that juxtaposed in the Maryland allowed to remain religious organiza- ator; and Juanita Jackson Mitchell, State Capitol are these two justices, tions, and they can only do so if they one of the first African Americans ad- both of whom were learned, both of are allowed to be free to compose mitted to the University of Maryland whom served their country, one of themselves of individuals who share law school. their religious world view. Justice Mar- whom, however, whose judgment was Some of the credit must go to shall recognized that, and so should we. skewed by the times in which he grew Thurgood Marshall and his legendary He even had something to say about up, whose brilliance was diminished by powers of persuasion. But credit, I vouchers for education. In Witters v. his failure to see the promise of Amer- think, also belongs to the powerful Washington Department of Services for ica, and another who—notwithstanding simplicity of his argument that sepa- the Blind, Justice Marshall upheld a the fact that he was discriminated rate can never be equal, that the Con- voucher program in which ‘‘vocational against and his people were discrimi- stitution belongs to Americans of all assistance is provided under a program nated against by a country that pro- colors. His career as an advocate cul- that is paid directly to the student, fessed a promise of equal opportunity minated with Brown, which overturned who transmits it to the educational in- for all. Nevertheless, the love for his ‘‘separate but equal,’’ and it over- stitution of his or her choice.’’ Justice country rose above that segregated en- turned it for good. Not only did it over- Marshall held that such programs are vironment to preach the principles and turn it finally, but also for the good of constitutional where the resources ‘‘ul- to seek their reality. our people. timately flow to religious institutions Today we recall the life and legacy of Thurgood Marshall later distin- as a result of the genuinely inde- one of America’s champions of civil guished himself as a Federal judge and pendent and private choices of aid re- rights, Thurgood Marshall. Justice a solicitor general before President cipients.’’ Marshall is, as I have said, one of Lyndon Johnson nominated him as It is also worth noting that he did Maryland’s greatest sons. America’s first African American Su- allow exception to the Civil Rights Act If you come to my office and visit the preme Court justice. President Johnson to allow religious institutions to hire majority leader’s office, you will see, called the appointment, and I quote, people who agreed with their religious just outside of my door, six portraits of ‘‘The right thing to do, the right time beliefs. very distinguished Marylanders. One, to do it, the right man, and the right I would urge all of my colleagues to the first President of the United place.’’ join me in supporting House Concur- States, John Hanson. Now, I know that Justice Marshall, of course, as we all rent Resolution 381 in recognizing Jus- George Washington was technically know, proved him absolutely correct.

VerDate Aug 31 2005 03:26 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.041 H14JYPT1 erowe on PROD1PC71 with HOUSE H6430 CONGRESSIONAL RECORD — HOUSE July 14, 2008 He served on the Court with distinction Constitution and rule of law applied and won the case about discrimination. for almost a quarter of a century as fairly to all citizens. So he did get justice in the end. one of its leading defenders of indi- I commend the distinguished gen- From 1940 to 1961, Thurgood Marshall vidual liberty and civil rights. Other tleman from New Jersey, Congressman served as legal director of the NAACP, civil rights leaders gave us inspiration, PAYNE, for ensuring that Thurgood which allowed him to travel through- uplift and prophetic challenge. Marshall’s legacy lives on. I urge my out the United States representing nu- Thurgood Marshall added something to colleagues to support this resolution. merous court cases. Most of the clients that contribution, dogged advocacy Mr. SCHIFF. Mr. Speaker, at this had disputes involving questions of ra- and the discipline of the law. time it is my great pleasure to yield 5 cial justice, which ranged from com- As a newspaper editorial put it at the minutes to the gentleman from New mon crimes to appellate advocacy, time of his death, ‘‘We make movies Jersey (Mr. PAYNE). raising the most intricate matters of about Malcolm X, we get a holiday to Mr. PAYNE. Let me begin by thank- constitutional law. honor Dr. Martin Luther King. But ing my fellow colleagues, Mr. SHERMAN I had the privilege to follow his work every day we live with the legacy of included, who joined me in the cospon- very closely, because I was then presi- Justice Thurgood Marshall.’’ Thurgood sorship of this commemorative resolu- dent in the middle 1950s of the NAACP Marshall would be the first to acknowl- tion, which honors Justice Thurgood youth councils in college chapters and edge just how far America remains Marshall’s legacy and his dedication to attended the NAACP convention in De- from the promise of equality, an equal- civil rights and public service. troit in 1957 when Dr. Martin Luther ity that exists in fact, every bit as in Thurgood Marshall was born the King received the Spingarn Award. law. grandson of a slave back in Baltimore, Of course, Thurgood Marshall was But he would be the last to be dis- Maryland, on July 2, 1908. Marshall’s still a person that we all admired. As couraged. He said that ‘‘A child born to mother, Norma Marshall, was one of we heard, out of the 32 cases, he won 29 a black mother in a State like Mis- the first black persons to graduate of them, earning more Supreme Court sissippi, by merely drawing its first from Columbia Teacher’s College in victories than any other individual be- breath in the democracy has exactly New York City. His father, William fore the Supreme Court and as chief the same right as a white baby born to Canfield Marshall, worked as a railroad counsel of the NAACP, the landmark the wealthiest person in the United porter and as head steward at an exclu- Brown v. Board of Education in 1954, States. It’s not true, but I challenge sive white club. Mr. Marshall was the which overturned Plessy v. Ferguson of anyone to say it’s not a goal worth first black person to serve on a grand 1897, saying that ‘‘separate but equal’’ working for.’’ jury in Baltimore in the 20th century. was constitutional. The great thing that we remember Thurgood Marshall grew up in Balti- In 1961, John F. Kennedy appointed about Thurgood Marshall, as I said at more and graduated from an all-black Thurgood Marshall to the United the beginning, is that confronted with high school at the age of 16. During his States Court of Appeals in the Second segregation, confronted with racism, childhood, his parents taught him to Circuit, despite heavy opposition from confronted with a negative reaction to argue by making him prove every many southern Senators. Thurgood his color, he, as so many civil rights statement he made and by challenging Marshall served on the United States leaders have done in the past, as Nel- every point he made. At school, as it Court of Appeals for the Second Circuit son Mandela did in South Africa, as so was mentioned earlier, when Thurgood from 1961 to 1965. As we heard, he wrote many other civil rights leaders Marshall got into trouble, the principal 112 opinions, none of which was over- throughout this world have done, he would make him sit in the basement turned on appeal. rose above the hate and the division to and read the U.S. Constitution. In 1965, President Johnson appointed bring clarity to our Constitution and Students couldn’t return to class Thurgood Marshall to the position of unity to our people. until a section of the Constitution was solicitor general, which he held from How appropriate it is to remember memorized. Evidently Thurgood Mar- 1965 to 1967. Then in 1967, President Thurgood Marshall on the eve of his shall had an opportunity, because he Johnson appointed Thurgood Marshall 100th year. memorized a great deal of the Con- as the first African American Justice Mr. GOHMERT. Mr. Speaker, at this stitution, but that moved him into the to serve on the Supreme Court. time I would yield to my friend, Mr. interest of being a lawyer rather than During his 24 years of service in the CHABOT from Ohio, such time as he a dentist, which his mother wanted Supreme Court, Thurgood Marshall may consume. him to be. promoted affirmative action and Mr. CHABOT. I thank the gentleman After graduating from high school, sought protection for the rights of all for yielding. Justice Marshall attended Lincoln Uni- Americans. Mr. Speaker, I rise in strong support versity, a historically black university of H. Con. Res. 381, a resolution recog- in Chester, Pennsylvania, a school that b 1600 nizing the dedication and achievements many outstanding blacks from the In 1992, he was honored with the Lib- of Thurgood Marshall on the 100th an- United States and abroad went to, in- erty Medal recognizing his long history niversary of his birth. cluding the first president of Ghana, of protecting individual rights of Justice Marshall’s life was full of dis- Kwame Nkrumah. women, children, prisoners, and home- tinction and firsts, including success- However, education was such a pri- less. fully arguing to overturn the separate ority for the Marshall family that Mrs. The SPEAKER pro tempore. The but equal doctrine before the U.S. Su- Marshall sold her engagement ring in time of the gentleman from New Jersey preme Court and the seminal case of order to send Thurgood Marshall to has expired. Brown v. Board of Education, serving school. After his graduation with hon- Mr. SCHIFF. I yield the gentleman 30 as the Nation’s first African American ors at Lincoln University, Justice Mar- additional seconds. solicitor general and later serving as shall applied to the University of Mr. PAYNE. Justice Marshall once the first African American U.S. Su- Maryland Law School. He was not ac- said, ‘‘Sometimes history takes things preme Court justice, a position that he cepted because he was black, and that into its own hands.’’ His commitment held for 24 years. set in motion the events of his future. to civil rights and public service reso- Still, at an early age with the That same year, Marshall was ac- nate still today. I ask you to listen to premise that all men are created equal, cepted at Howard Law School, and he the words of Justice Marshall and Justice Marshall dedicated his life to went on to graduate in the class of 1933. strongly support this resolution by rec- bringing meaning to the protections Upon graduating, Justice Marshall ognizing his contributions to human- enshrined in our Constitution. His started his own practice in Baltimore. ity, acknowledged July 2, 2008, the work transformed this Nation. First, at The next year he discovered the 100th anniversary of his birth. the NAACP and later in the public sec- NAACP and became an active member. Mr. GOHMERT. Mr. Speaker, I have tor, Justice Thurgood Marshall put As a matter of fact, Justice Marshall no additional speakers. But in the spir- civil rights at the forefront of this Na- then sued the University of Maryland’s it with which Thurgood Marshall con- tion’s conscience, ensuring that the law school, where he was not admitted, ducted himself, I can’t help but think,

VerDate Aug 31 2005 03:26 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.042 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6431 as the son of a teacher, that he would denied admission because he was Black. This power was vindicated when the Supreme be pleased if the name of the teacher event caused the direction of his professional Court issued its unanimous opinion in the that may have changed history by hav- life to focus on equal desegregated education. landmark case of Brown v. Board of Edu- ing him memorize part of the Constitu- As an African-American man who lived cation. That decision outlawed de jure seg- tion had her or his name entered, and if through segregation and oppression he once regation in public education, and fueled an no one on the floor knows who that is, said, ‘‘Today’s Constitution is a realistic docu- international civil rights revolution that con- Mr. Speaker, I would ask unanimous ment of freedom only because of several cor- tinues to this day. consent for 48 hours to revise and ex- rective amendments. Those amendments The victory in Brown v. Board was not tend my remarks so that we get the speak to a sense of decency and fairness that Thurgood Marshall’s first, nor would it be his name of that teacher that helped this I and other Blacks cherish.’’ As an attorney last triumph before the Court he would later student, Thurgood Marshall, change and during his tenure on the Supreme Court, grace for nearly a quarter century. Thurgood history be inserted into the CONGRES- Justice Marshall’s opinions did much to ad- Marshall was the principal architect of equality, SIONAL RECORD. vance the decency and fairness of our laws, working through the courts to eradicate the The SPEAKER pro tempore. Is there making America a much stronger nation. legacy of slavery and destroy the segregation objection to the request of the gen- Thurgood Marshall’s tireless work within the system of Jim Crow. tleman from Texas? justice system to eradicate the legacy of slav- There was Shelley v. Kramer, which held There was no objection. ery and destroy the racist segregation system that racial restrictive covenants in housing Mr. GOHMERT. With that, I reserve of Jim Crow clearly demonstrated his dedica- were unconstitutional. There was Smith v. the balance of my time. tion to the struggle for equal rights and justice Allwright, which outlawed the infamous ‘‘dual Mr. SCHIFF. Mr. Speaker, I would in the United States. As chief legal counsel to primaries,’’ excluding blacks from the voting in now be delighted to yield 3 minutes to the National Association for the Advancement the primary election from which the general the gentleman from Illinois, DANNY of Colored People, NAACP, he championed election winner always emerged. Before DAVIS. one of the most important cases for equal Thurgood Marshall ascended to the federal (Mr. DAVIS of Illinois asked and was rights, Brown v. Board of Education of To- bench as Circuit Judge and later Supreme given permission to revise and extend peka, the landmark case that demolished the Court Associate Justice Marshall, he would his remarks.) legal basis for segregation in America. He argue 32 cases before the Supreme Court, tal- Mr. DAVIS of Illinois. Mr. Speaker, I continued to push for equal rights as the first lying 29 victories, more than any other indi- want to commend the gentleman from African-American Supreme Court Justice, suc- vidual in history. New Jersey for introducing this resolu- ceeding in creating new protections under law Thurgood Marshall’s deep faith and commit- tion. I was thinking that in 1954, I was for women, children, prisoners, and the home- ment to the cause of equality was the key to a pre-adolescent, just beginning to less. By these accomplishments, Thurgood his success and to the legacy he leaves us. read, write and try and understand Marshall established a record for supporting The legal strategy he developed as the chief what was going on. And where I lived, the voiceless Americans and left a legacy that lawyer for the NAACP and the judicial philos- I remember the first school bus that I recognizes that discrimination includes factors ophy he refined as a member of the Supreme rode on was actually made from a flat- beyond just race and gender. He built a struc- Court reoriented the federal judiciary as cham- bed truck that Mr. Arthur Dooley had. ture of individual rights that has become the pion and protector of civil rights and individual And when the schools were consoli- cornerstone of protections for all Americans. I liberty. The Civil Rights Movement for which dated, he put a cabin on it and some commemorate the years he has served and the Brown ruling gave momentum greatly influ- wooden benches, and that was my first the improvements he has made to this great enced leaders who later fought for the rights ride on a school bus. Nation. of women, the disabled, the politically op- Then I remember the next year, we Mr. GOHMERT. Mr. Speaker, I yield pressed, and the environment. Even the inherited a school bus from the white back the balance of my time. media has Thurgood Marshall to thank for the school. Then, I remember that all of Ms. LEE. Mr. Speaker, I rise today in strong enhanced protection of its liberties. the books that I read, all of the while support of H. Con. Res. 381, a resolution hon- Mr. Speaker, all Americans are indebted to that I was growing up, had someone oring one of the greatest legal minds and civil the late Justice Thurgood Marshall. Through- else’s name in the books when we got rights pioneers of the 20th century, Thurgood out his life, he bravely worked to help our them, after they had been used by the Marshall. I thank Congressman PAYNE for in- country make real the promise of the Declara- other school system where I lived. troducing this resolution and for his leadership tion of Independence. and extend the bless- And so, when I think of Thurgood on so many important issues. ings and protections of our great Constitution Marshall, not only do I think of the When I think of 20th century trailblazers, to all Americans. His work honored America tremendous impact that he continues Thurgood Marshall ranks among America’s and so it is fitting that Congress pause to pay to have today, but I think of the im- greatest heroes. It is an honor and a privilege tribute to this great American by marking the pact that he had on the lives of individ- to pay tribute to this legal giant as the House 100th anniversary of his birth. uals like myself, who lived in an envi- commemorates the 100th anniversary of his Margaret Mead said, ‘‘Never doubt that a ronment that was obviously very sepa- birth. small group of thoughtful committed people rate and very unequal. As Thurgood Marshall stated so eloquently, can change the world; indeed, it is the only What he did will last as long as ‘‘A man can make what he wants of himself if thing that ever has.’’ America lasts because he clearly he truly believes that he must be ready for The remarkable life of Thurgood Marshall is showed that there could be an oppor- hard work and many heartbreaks.’’ His life’s irrefutable proof that one person can make a tunity for people to experience some of work truly embodied this quotation. Rising difference. what we call the goodness and the from the segregated streets of Baltimore, Happy Birthday, Justice Marshall. greatness of America. And for that rea- Maryland to the hallowed halls of the Supreme Ms. JACKSON-LEE of Texas. Mr. Speaker, son, I come to commemorate him Court of the United States, Thurgood Mar- I rise today in support of this legislation that today. shall’s story is one of triumph and courage. honors an individual of unprecedented stature Mr. Speaker, I wish to take a moment to More than the first African-American Supreme and achievement. This leader was a fighter support H. Con. Res. 381, which celebrates Court Justice, Thurgood Marshall was a true who stood boldly on the front lines of democ- the contributions and achievements of pioneer whose selfless acts advanced the racy to fight for liberty and equality for all. This Thurgood Marshall on the 100th anniversary cause of civil rights not only in the United legal giant is none other than the late of his birth. Born in Baltimore, Maryland, on States, but around the world. Thurgood Marshall. July 2, 1908, Thurgood Marshall was the It was more than 50 years ago when Dr. Martin Luther King, Jr., said that we all grandson of a slave and at an early age his Thurgood Marshall and his fellow Howard Uni- can be great because we all can serve. It is father, William Marshall, instilled in him an ap- versity School of Law colleagues and profes- my responsibility to pay tribute to the late preciation for the United States Constitution sors launched their campaign to topple the great Thurgood Marshall who served our Na- and the rule of law. He attended under- house Jim Crow built. They acted in the auda- tion by transforming it. graduate school at Lincoln University in Penn- cious belief that the citadel of ‘‘separate but The late Thurgood Marshall put in place sylvania. In 1930, he was accepted to Howard equal’’ built on the foundation of Plessey v. mechanisms to elevate the United States to its Law School; however, he also applied to the Ferguson could be brought down. Thurgood greatest potential. As a result, all Americans University of Maryland Law School, but was Marshall’s faith that justice will triumph over presently can reap the benefits of Thurgood

VerDate Aug 31 2005 03:26 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4634 Sfmt 9920 E:\CR\FM\K14JY7.044 H14JYPT1 erowe on PROD1PC71 with HOUSE H6432 CONGRESSIONAL RECORD — HOUSE July 14, 2008 Marshall’s arduous travail. One of his greatest Mr. Speaker, I encourage my colleagues to The SPEAKER pro tempore. Is there victories was his work in the landmark Su- join me in recognizing a true hero, Thurgood objection to the request of the gen- preme Court case of Brown v. Board of Edu- Marshall who died on January 24, 1993, at the tleman from California? cation in 1954. In Brown, the Supreme Court age of 84. Let us honor his dedication and There was no objection. ruled that ‘‘separate but equal’’ public edu- achievements as we recognize his contribu- Mr. SCHIFF. I yield myself such time cation was unconstitutional because it could tions to the struggle for equal rights and jus- as I may consume. never be truly equal. tice in the United States. Mr. Speaker, this resolution, intro- Marshall’s arguments before the Supreme Mr. SCHIFF. Mr. Speaker, I thank duced by BOB FILNER of California, Court were myriad and historic. In total, Mar- my colleagues for their eloquent words, chairman of the Veterans’ Affairs Com- shall won an unprecedented 29 out of the 32 and I join them in urging the passage mittee, is both appropriate and timely. cases he argued before the Supreme Court. of this resolution recognizing a genuine It expresses the sense of the House of In 1961, President John F. Kennedy ap- American giant. Representatives that American flags pointed Marshall to the United States Court of I yield back the balance of our time. flown on Federal Government buildings Appeals for the Second Circuit. On June 13, The SPEAKER pro tempore. The and on Federal property should be 1967, President Johnson appointed Marshall question is on the motion offered by made in the United States. to the Supreme Court following the retirement the gentleman from California (Mr. As with many basic products sold in of Justice Tom C. Clark. In appointing Mar- SCHIFF) that the House suspend the the U.S. today, it can be difficult to shall, President Johnson declared this was rules and agree to the concurrent reso- find a flag that is made in America. ‘‘the right thing to do, the right time to do it, lution, H. Con. Res. 381. But the American flag is not just any the right man and the right place.’’ He was the The question was taken; and (two- product. It is our national symbol, and 96th person to hold the position, and the first thirds being in the affirmative) the especially when it flies over Federal African-American. rules were suspended and the concur- Government property, it ought to be Today I stand before you, as many of my rent resolution was agreed to. made in America by Americans. colleagues do, as a proud product of A motion to reconsider was laid on I am proud that the Architect of the Thurgood Marshall’s vision for equal access to the table. Capitol flies only American-made flags. education. Because of Thurgood Marshall’s f When one of our constituents or a com- profound vision, one’s access to education is SENSE OF HOUSE REGARDING munity organization receives a flag no longer dependent upon the color of their FLAGS ON GOVERNMENT BUILD- flown over the Capitol, they can be skin or their income, but upon the demonstra- INGS sure it was made in the U.S.A. tion of their academic promise, and scholarly When we see the American flag, it Mr. SCHIFF. Mr. Speaker, I move to merit and capability. Notwithstanding Mar- should remind us of American workers suspend the rules and agree to the reso- shall’s legendary achievements in civil rights, whose jobs are sometimes now being lution (H. Res. 1182) expressing the America has much work to do. In thinking of shipped overseas to countries with sense of the House of Representatives our progress, I am reminded of the Bible in lower labor and worker safety protec- that American flags flown on Federal Jeremiah 8:20, ‘‘The harvest is past, the sum- tions. The American flag represents Government buildings and on Federal mer is ended, and we are not saved.’’ America the values of our Nation, values that property be made in the United States. has reaped the harvest of Marshall’s life, Mar- The Clerk read the title of the resolu- cannot be reconciled with the condi- shall’s life is now past, and America has much tion. tions in many overseas factories. work to do in civil rights. American people are The text of the resolution is as There is a lot we need to do to ensure not yet saved. The problem of this century, as follows: that America retains the jobs that drive our economy. But as one step, if it has been in past centuries, is still the prob- H. RES. 1182 lem of the color line. America has made great only a small symbolic step, let us as- Whereas, on June 14, 1777, the Stars and strides in this regard. Nonetheless, America Stripes was officially adopted as the na- sure the American people that we will still has work to do. tional flag of the United States; not fly imported American flags over Although there are still some barriers to Whereas Francis Scott Key was so inspired Federal property. The flags we fly will overcome, Thurgood Marshall removed the by the sight of the American flag still flying be made by American workers in Amer- road block that stymied America from being as over Baltimore’s Fort McHenry after a Brit- ican factories. They will never be made good as its promise. Thurgood Marshall also ish bombardment that he wrote the ‘‘Star- in foreign sweatshops or by children. impacted the international community. Mr. Spangled Banner’’ on September 14, 1814; I urge my colleagues to support this Marshall was asked by the United Nations and Whereas the American flag has 7 red and 6 resolution. And I want to commend the white horizontal stripes; gentleman from California for intro- the United Kingdom to help draft the constitu- Whereas these stripes represent the 13 tions of the emerging African nations of Ghana original States; ducing it. and what is now Tanzania. It was felt that the Whereas the flag still has its field of blue, I reserve the balance of my time. person who so successfully fought for the which represents the Union and contains 50 Mr. GOHMERT. Mr. Speaker, I yield rights of America’s oppressed minority would stars, one for each State; myself such time as I may consume, be the perfect person to ensure the rights of Whereas many brave men and women have and I thank the gentleman from Cali- all African citizens, both Black and White, in fought and died for the freedoms that this fornia, and I do rise in support of House these two former European colonies. flag represents; and Resolution 1182, a sense of Congress Being the right man or woman at the right Whereas the sight of this banner brings that U.S. flags flown over Federal feelings of joy, courage, pride, and unity for time is no easy task. There is no room for all Americans: Now, therefore, be it buildings should be made in the good passiveness or reluctance to action. Following Resolved, That it is the sense of the United old U.S.A. in the tradition of the late Thurgood Marshall, States House of Representatives that all The flag represents our unity and we, the representatives of the United States American flags flown over Federal buildings strength to the rest of the world, and it citizenry, are the right people at the right time. be entirely produced in the United States. is only fitting that U.S. flags flown Although our current battles differ slightly from The SPEAKER pro tempore (Mr. over Federal buildings be a product of those of Thurgood Marshall, we are faced with SERRANO). Pursuant to the rule, the our own country’s labor and resources. our own battles which include, the economy, gentleman from California (Mr. SCHIFF) Americans produce the best in the creating affordable housing, immigration, Iraq, and the gentleman from Texas (Mr. world when they put their minds to it, the pursuit of energy independence, and mak- GOHMERT) each will control 20 minutes. and it is entirely appropriate that the ing sure that our veterans are properly taken The Chair recognizes the gentleman flag staffs on our Federal buildings be care of. from California. reserved for the best in the world, The precedent that the late Thurgood Mar- GENERAL LEAVE made right here in America. shall set, in fighting to make the U.S. as great Mr. SCHIFF. Mr. Speaker, I ask Mr. FILNER. Mr. Speaker, I would like to as its promise, should be our motivation to unanimous consent that all Members thank the Speaker and Chairman CONYERS for pass good legislation to protect the rights of have 5 legislative days to revise and ex- bringing H. Res. 1182 to the floor today. This American people as we honor and recognize tend their remarks and include extra- important resolution expresses the sense of his dedication and achievements on this 100th neous material on the resolution under the Congress that all American flags flown anniversary of his birth. consideration. over Federal Government buildings and on

VerDate Aug 31 2005 03:26 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4634 Sfmt 9920 E:\CR\FM\A14JY7.046 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6433 Federal property should be made in the United stars in nine rows of stars staggered hori- Whereas since 1973, the men and women of States. zontally and eleven rows of stars staggered the DEA have served our Nation with cour- The U.S. Census bureau estimates that vertically which made official the design of the age, vision, and determination, protecting $5.3 million worth of American flags were im- flag that we know today. all Americans from the scourge of drug traf- ficking, drug abuse, and related violence; ported from other countries in 2006, mostly Therefore, we should not reserve the right Whereas the DEA has adjusted and refined from China. Even though U.S. law requires to make our Nation’s flag at home, where the tactics and methods by which it targets every flag be labeled with its ‘‘country of ori- blood was shed by brave men who had a vi- the most dangerous drug trafficking oper- gin,’’ the figure of foreign-made American flags sion for a free country rooted in democracy ations to bring to justice criminals such as has steadily grown over the past few years. and justice. Although we may outsource many New York City’s Nicky Barnes, key members This is an absolute shame! I am glad that the things, I support that we preserve the integrity of the infamous Colombian Medellin cartel, office of the Architect of the Capitol has reas- of the symbol that serves as the very essence Thai warlord Khun Sa, several members of sured me that flags that we fly everyday over of our national anthem. This anthem serves to the Mexican Arellano-Felix organization, Af- this very Capitol are proudly made in the remind us of the United States flag, also ghan terrorist Haji Baz Mohammad, and international arms dealer Viktor Bout; United States. known as the Star-Spangled Banner, which waves over the land of the free and the home Whereas throughout its 35 years, the DEA As we celebrated Independence Day last has continually adapted to the evolving week, we were reminded that the American of the brave. When we rise to pledge alle- trends of drug trafficking organizations by flag is much more than our national symbol. It giance to our country, we place our hand over aggressively targeting organizations in- embodies our courage, liberty, and justice. our beating heart; then we sing the delicate volved in the growing, manufacturing, and The flag reminds us each and every day of notes of the Star-Spangled Banner, but most distribution of such substances as mari- the blood that was shed so that we may enjoy of all we fix our gaze upon our Nation’s flag. juana, cocaine, heroin, methamphetamine, our freedoms. So as we proudly fly the Stars This time of reverence serves as a moment of Ecstasy, and controlled prescription drugs; and Stripes, we must ensure that they are introspection. Not until we fully come to grips Whereas in its 227 domestic offices in 21 homespun in the United States. I urge my col- with ourselves can we apply the wisdom that field divisions, the DEA continues to strengthen and enhance existing relation- leagues to vote for H. Res. 1182. is needed to gather solutions for international issues. ships with Federal, State, and local counter- Ms. JACKSON-LEE of Texas. Mr. Speaker, parts in every State in the Union to combat I rise today in support of H. Res. 1182 intro- Our Nation was founded upon the principles drug trafficking; duced by my distinguished colleague from of liberty, equality and justice, which are re- Whereas in this decade alone, DEA special California, Representative FILNER. This impor- flected by the symbol of our Nation’s flag. agents have seized over 5,500 kilograms of tant legislation seeks to express the sense of Therefore, I strongly support this powerful res- heroin; 650,000 kilograms of cocaine; 2,300,000 the House of Representatives that American olution that says that flags flown on Federal kilograms of marijuana; 13,000 kilograms of flags flown on Federal Government buildings Government buildings and on Federal property methamphetamine; almost 80,000,000 dosage units of hallucinogens; and made over 240,000 and on Federal property be made in the be made in the United States. I urge my col- leagues to join me in supporting this resolu- arrests; United States. Whereas in its 87 foreign offices in 63 coun- On June 14, 1777, the Stars and Stripes tion. Mr. GOHMERT. I hope all my col- tries, the DEA has the largest international were officially adopted as the national flag of presence of any Federal law enforcement leagues will join me in supporting this the United States. Francis Scott Key was so agency; inspired by the sight of the American flag still resolution. Whereas its personnel continue to collabo- With that, I yield back the balance of flying over Baltimore’s Fort McHenry after a rate closely with international partners my time. around the globe, including in such drug-pro- British bombardment that he wrote the ‘‘Star- Mr. SCHIFF. I join my colleague Spangled Banner’’ on September 14, 1814. ducing countries as Colombia, Mexico, Af- from Texas in urging support of this ghanistan, and Thailand; The American flag has 7 red and 6 white hori- measure, and yield back the balance of Whereas the results of this international zontal stripes; these stripes represent the 13 my time. collaboration in this decade alone have led original States. The SPEAKER pro tempore. The to the indictments of 63 leaders, members, The flag still has its field of blue, which rep- question is on the motion offered by and associates of the Revolutionary Armed resents the Union and contains 50 stars, one the gentleman from California (Mr. Forces of Colombia, a designated foreign ter- rorist organization, as well as 144 arrests and for each State. Many brave men and women SCHIFF) that the House suspend the detainments of narcotics traffickers for vio- have fought and died for the freedom that this rules and agree to the resolution, H. flag represents. The sight of this banner brings lations of Afghan and United States nar- Res. 1182. cotics laws and terrorist-related offenses; feelings of joy, courage, pride, and unity for all The question was taken; and (two- Whereas through the creation of the Diver- Americans. Therefore, it should be the sense thirds being in the affirmative) the sion Control Program in 1971, the DEA now of the United States House of Representatives rules were suspended and the resolu- registers and regulates over 1,200,000 reg- that all American flags flown over Federal tion was agreed to. istrants, while simultaneously combating buildings be entirely produced in the United A motion to reconsider was laid on the continually-evolving threat posed by the States. the table. diversion of controlled pharmaceuticals; Whereas the DEA continues to hit drug For more than 200 years, the American flag f has been the symbol of our Nation’s strength traffickers financially, where it hurts the and unity. It’s been a source of pride and in- HONORING THE DRUG ENFORCE- most, denying drug trafficking organizations $3,500,000,000 in fiscal year 2007 alone, exceed- spiration for millions of citizens. And the Amer- MENT ADMINISTRATION ON ITS 35TH ANNIVERSARY ing their 5-year goal of $3,000,000,000 annually ican Flag has been a prominent icon in our by fiscal year 2009; national history. On June 14, 1777, in order to Mr. SCHIFF. Mr. Speaker, I move to Whereas DEA special agents continue to establish an official flag for the new Nation, suspend the rules and agree to the con- work shoulder-to-shoulder with Federal, the Continental Congress passed the first Flag current resolution (H. Con. Res. 369) State, and local law enforcement officials Act, ‘‘resolved that the flag of the United honoring the men and women of the throughout the Nation in a cooperative ef- States be made of thirteen stripes, alternate Drug Enforcement Administration on fort to put drug traffickers behind bars; red and white; that the Union be thirteen stars, the occasion of its 35th anniversary. Whereas throughout its history, many The Clerk read the title of the con- DEA employees and members of the agency’s white in a blue field, representing a new Con- task forces have given their lives in the line stellation.’’ current resolution. The text of the concurrent resolution of duty, including: Charles Archie Wood, Between 1777 and 1960, Congress passed Stafford E. Beckett, Joseph W. Floyd, Bert several acts that changed the shape, design is as follows: S. Gregory, James T. Williams, Louis L. and arrangement of the flag and allowed for H. CON. RES. 369 Marks, James E. Brown, James R. Kerrigan, additional stars and stripes to be added to re- Whereas the Drug Enforcement Adminis- John W. Crozier, Spencer Stafford, Andrew flect the admission of each new state. Execu- tration (DEA) was created by an Executive P. Sanderson, Anker M. Bangs, Wilson M. tive Order of President Eisenhower dated Jan- order on July 6, 1973, and merged the pre- Shee, Mansel R. Burrell, Hector Jordan, viously separate law enforcement and intel- Gene A. Clifton, Frank Tummillo, Richard uary 3, 1959—provided for the arrangement of ligence agencies responsible for narcotics Heath, Jr., George F. White, Emir Benitez, the stars in seven rows of seven stars each, control; Gerald Sawyer, Leslie S. Grosso, Nickolas staggered horizontally and vertically. Executive Whereas the first administrator of the Fragos, Mary M. Keehan, Charles H. Mann, Order of President Eisenhower dated August DEA, John R. Bartels, Jr., was confirmed by Anna Y. Mounger, Anna J. Pope, Martha D. 21, 1959—provided for the arrangement of the the Senate on October 4, 1973; Skeels, Mary P. Sullivan, Larry D. Wallace,

VerDate Aug 31 2005 03:26 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A14JY7.051 H14JYPT1 erowe on PROD1PC71 with HOUSE H6434 CONGRESSIONAL RECORD — HOUSE July 14, 2008 Ralph N. Shaw, James T. Lunn, Octavio Gon- vision and determination, protecting the DEA agents are on the front lines zalez, Francis J. Miller, Robert C. Lightfoot, all Americans from the scourge of drug of our war on drugs. They are coura- Thomas J. Devine, Larry N. Carwell, trafficking, drug abuse and related vio- geous individuals, and they are to be Marcellus Ward, Enrique S. Camarena, honored and commended. James A. Avant, Charles M. Bassing, Kevin lence. It is fitting that we recognize L. Brosch, Susan M. Hoefler, William Ramos, their accomplishments and express our DEA special agents work to track Raymond J. Stastny, Arthur L. Cash, Terry gratitude for their service. and identify the individuals and orga- W. McNett, George M. Montoya, Paul S. Throughout its 35 years, the DEA has nized crime syndicates that grow, man- Seema, Everett E. Hatcher, Rickie C. Finley, combated the evolving trends of drug ufacture and traffic drugs into the U.S. Joseph T. Aversa, Wallie Howard, Jr., Eu- trafficking by aggressively targeting To accomplish that mission, the DEA gene T. McCarthy, Alan H. Winn, George D. both domestic and international orga- manages a national drug intelligence Althouse, Becky L. Dwojeski, Stephen J. nizations involved in the unlawful program by cooperating with Federal, Strehl, Juan C. Vars, Jay W. Seale, Meredith growing, manufacturing and distribu- State, local and foreign officials to col- Thompson, Frank S. Wallace, Jr., Frank lect, analyze and disseminate strategic Fernandez, Jr., Kenneth G. McCullough, tion of such substances as marijuana, Carrol June Fields, Rona L. Chafey, Shelly cocaine, heroin, methamphetamine, and operational drug intelligence infor- D. Bland, Carrie A. Lenz, Shaun E. Curl, Ecstasy and controlled prescription mation. The DEA and its multi-juris- Royce D. Tramel, Alice Faye Hall-Walton, drugs. These successes are unfortu- dictional partners form task forces Elton Armstead, Larry Steilen, Terry nately not without tragic costs. that use this intelligence to plan high- Loftus, Jay Balchunas, and Richard E. Fass; Over its history, more than 75 DEA ly successful operations. Whereas many other DEA employees and employees and task force members In May, a DEA-led task force com- task force officers have been wounded or in- pleted an investigation called ‘‘Oper- jured in the line of duty; and have given their lives in the line of duty, with many others wounded. Dur- ation Sudden Fall’’ in San Diego. This Whereas over 9,000 employees of the DEA, investigation resulted in the arrest of including special agents, intelligence ana- ing the time I served with the U.S. At- lysts, diversion investigators, program ana- torney’s Office in Los Angeles, I had 96 individuals, including 75 San Diego lysts, forensic chemists, attorneys, and ad- many, many occasions to work with State University students who were in- ministrative support, along with over 2,000 DEA officers. I saw the professionalism volved with the trafficking of cocaine, task force officers, and over 2,000 vetted for- of their work, their determination, marijuana and Ecstasy on the univer- eign officers, work tirelessly to hunt down their bravery and courage. sity’s campus. and bring to justice the drug trafficking car- For some time I worked on the inves- As the plague of drugs has become tels that seek to poison our citizens with more pervasive, the DEA has also in- dangerous narcotics: Now, therefore, be it tigation into the capture, murder and torture of Enrique Camarena and, creased its international efforts to Resolved by the House of Representatives (the combat drug trafficking abroad. The Senate concurring), That Congress— along with my colleagues, worked to DEA coordinates with the United Na- (1) congratulates the Drug Enforcement investigate and bring to justice some of tions, Interpol and foreign govern- Administration (DEA) on the occasion of its those that were responsible for the ments to develop programs designed to 35th anniversary; death of that courageous agent. So I reduce the availability of illicit drugs (2) honors the heroic sacrifice of the agen- have great personal regard for the cy’s employees who have given their lives or in the United States such as crop eradi- many employees of the DEA, their have been wounded or injured in service of cation, crop substitution and training proud history and the great work they our Nation; and of foreign officials. (3) gives heartfelt thanks to all the men do. and women of the DEA for their past and It is a commitment to duty almost b 1615 continued efforts to defend the American too great to ask of anyone, yet these These international efforts bring sig- people from the scourge of illegal drugs and dedicated men and women of the DEA nificant results. Recently, Colombia terrorism. and their families face the risks and extradited 14 members of a para- The SPEAKER pro tempore. Pursu- endure the hardships to make our Na- military and drug trafficking group to ant to the rule, the gentleman from tion safer for all of us. the United States to face charges of California (Mr. SCHIFF) and the gen- And so, Mr. Speaker, this resolution drug trafficking, support to a terrorist tleman from Texas (Mr. GOHMERT) each is a well-deserved tribute to the DEA organization, and money laundering. will control 20 minutes. on the occasion of its 35th anniversary. In June, the DEA worked with part- The Chair recognizes the gentleman I urge my colleagues to support it, ners in Afghanistan to conduct Oper- from California. and I reserve the balance of my time. ation Albatross. This effort resulted in GENERAL LEAVE Mr. GOHMERT. Mr. Speaker, I yield the seizure of 262 tons of hashish, the Mr. SCHIFF. Mr. Speaker, I ask myself such time as I may consume. largest of any known drug seizure in unanimous consent that all Members I rise in support of H. Con. Res. 369. history. have 5 legislative days to revise and ex- This concurrent resolution does honor As H. Con. Res. 369 notes, in this dec- tend their remarks and include extra- the men and women of the Drug En- ade alone, DEA agents have seized over neous material on the resolution. forcement Administration on the occa- 5,500 kilograms of heroin, 650,000 kilo- The SPEAKER pro tempore. Is there sion of its 35th anniversary. grams of cocaine, 2.3 million kilograms objection to the request of the gen- The Drug Enforcement Administra- of marijuana, 13,000 kilograms of meth- tleman from California? tion, or DEA, was created by President amphetamine, almost 80 million dosage There was no objection. Nixon in July 1973. The DEA was estab- Mr. SCHIFF. I yield myself such time units of hallucinogens, and made over lished to create a single unified com- as I may consume. 240,000 arrests. This is a tremendous Mr. Speaker, I ask my colleagues to mand to conduct ‘‘an all-out global war amount of poison that they have pre- join me in honoring the brave men and on the drug menace.’’ vented from entering our fellow citi- women of the Drug Enforcement Ad- The DEA has the core mission to en- zens. ministration on the occasion of its 35th force U.S. controlled substances laws In supporting this resolution, I join anniversary. The DEA’s employees in- that regulate drugs such as marijuana, my colleagues in, one, congratulating clude not only the special agents, but cocaine, heroin, methamphetamine, the DEA on the occasion of its 35th an- intelligence analysts, diversion inves- Ecstasy and controlled prescription niversary; two, honoring the heroic tigators, program analysts, forensic drugs. Initially, the DEA had 1,470 spe- sacrifice of the agency’s employees chemists, attorneys and administrative cial agents and a budget of less than who have given their lives or have been support staff, together with task force $75 million. Its foreign presence con- wounded or injured in service of our officers and vetted foreign officials. sisted of 43 foreign offices in 31 coun- Nation; and three, giving heartfelt These men and women work tirelessly tries. Since that time the DEA has thanks to all of the men and women of to hunt down and bring to justice the grown substantially and is now 5,235 the DEA for their past and continued drug trafficking cartels that profit by special agents, a budget of more than efforts to defend the American people poisoning our citizens with dangerous $2.3 billion, and 87 foreign offices in 63 from the scourge of illegal drugs and narcotics. countries. terrorism. The DEA and its dedicated officers I have personally seen them at work, With that, Mr. Speaker, I reserve the have served our Nation with courage, both here and abroad, and know that balance of my time.

VerDate Aug 31 2005 03:26 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A14JY7.022 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6435 Mr. SCHIFF. Mr. Speaker, it gives Mr. SCHIFF. I yield the gentleman Committee, the ranking member of Ju- me great pleasure to yield 3 minutes to an additional 30 seconds. diciary, as well as our chairman in the gentleman from New Jersey (Mr. Mr. PASCRELL. We must do more to Crime, BOBBY SCOTT, on the Debbie PASCRELL). honor the DEA and I pledge my full Smith reauthorization. I will not be Mr. PASCRELL. Thank you for support. here to be able to speak on that, but I yielding. Mr. Speaker, let me plead with you am so grateful we were able to keep Mr. Speaker, I rise to honor the men and my fellow Members on both sides that from being overly burdened with and women of the Drug Enforcement of the aisle that there is no greater things that would keep it from achiev- Administration on the occasion of threat to the United States of America ing its goal which, here again, helps ev- their 35th anniversary. We must take than the undermining of our will and erybody, including the DEA agents, every opportunity to honor our brave our morale with the issuing of drugs when we do that job properly. I’m so law enforcement officers, but we often through proliferation through our grateful that we’re going to be able to forget the critical importance of the streets. There is no greater danger, Mr. take that up and get that done today. DEA and the terrible dangers that Speaker. I cannot say it enough. The With that, I yield back the balance of their officers face in order to keep our DEA understands that. Hopefully the my time. streets safe from drugs. When you look Congress will come to understand it as Mr. SCHIFF. Mr. Speaker, just to at the list of those who have given well. conclude on the legislation recognizing their lives, Mr. Speaker, we know how Mr. GOHMERT. Mr. Speaker, at this the 35th anniversary of the DEA, I re- serious this is. And we have this issue time I have no other speakers. call very well the loss of two DEA occur on our streets every day. I reserve the remainder of my time. agents in the City of San Marino, very I want to congratulate the DEA act- Mr. SCHIFF. Mr. Speaker, at this close to my district, back when I was ing administrator, Michele M. time it gives me great pleasure to yield with the U.S. Attorney. They were in- Leonhart, for leading this commend- 2 minutes to the gentleman from Mary- volved in a buy-bust. It was a small able agency through its 35th year. I land (Mr. RUPPERSBERGER). amount of drugs, a small amount of want to give great thanks to Gerald Mr. RUPPERSBERGER. Mr. Speak- money, I think amounting to some McAleer, Special Agent in charge of er, I rise today in support and recogni- $35,000. These two agents, one was the DEA New Jersey division, for all of tion of House Resolution 369 honoring killed in a shoot-out with the drug the tremendous work he’s done to team the men and women of the Drug En- dealers, the other shot at point-blank with local law enforcement in order to forcement Administration on the occa- range execution style when these provide the most effective level of se- sion of its 35th anniversary. young drug dealers decided they would curity against drugs in our neighbor- For the last 35 years, the men and rather keep the $35,000 and kill two hoods. women of the DEA have served their people for it. Just 3 days ago, the DEA in New Jer- country with distinction and honor This is the kind of risk the DEA sey teamed with Passaic County Pros- while fighting one of the most dan- agents face every day. We’re extraor- ecutor James F. Avigliano to arrest six gerous problems this country faces dinarily grateful to have such coura- individuals affiliated with the Trey 9 today. Drug use and the violence asso- geous men and women working within set of the Bloods street gang who were ciated with drug trafficking touches the agency. I urge the passage of the peddling large quantities of drugs in every American’s life in some way or recognition bill. Newark, Parsippany, and in my town of another. The men and women of the Mr. SMITH of Nebraska. Mr. Speaker, I rise Paterson, New Jersey. These arrests DEA are working tirelessly every day today in support of H. Con. Res. 369, hon- were executed as part of New Jersey to prevent drugs from coming into the oring the men and women of the United Governor Jon Corzine’s Crime Initia- United States and to prevent or dis- States Drug Enforcement Administration on tive to target criminal gangs, drugs, mantle the manufacturing and dis- the occasion of its 35th Anniversary. and guns. tribution of drugs within our borders. Earlier this year, I had the opportunity to This particular 35-day investigation visit the DEA’s training facility in Quantico, Vir- was initiated by the prosecutor’s office This is no easy task. The DEA consistently adapts to ginia. of gang/narcotics task force, the Drug This training facility is designed to prepare Enforcement Administration, the changes in the drug trade. From dis- mantling illegal Internet pharmacies local law enforcement agents to deal with the United States Postal Office, and the specific hazards surrounding small, clandes- Clifton Police Department, proving to identifying new trends in manufac- turing and distribution, the DEA is and tine methamphetamine labs. More than 100 once again that our greatest level of law enforcement officers from my home state homeland security can only come from must be at the top of their game. Be- cause the DEA has the greatest pres- of Nebraska have taken part in the training. Federal, State, and local enforcement We also had the opportunity to speak briefly agencies working in this partnership. ence overseas of any Federal law en- forcement agency, diplomacy and col- with agent trainees at the DEA training facility. In regards to the DEA’s efforts in I truly appreciate these men and women laboration with the leadership of drug- this high-profile drug bust, I can pro- who are battling against the evil of illegal producing countries, like Colombia, is vide no greater testament to the ur- drugs in the heartland of Nebraska and essential for their efforts to be effec- gency of the work than by quoting throughout our country. Prosecutor James Avigliano who stat- tive. The men and women of the DEA These individuals—both the agents on the ed this: ‘‘Without the outstanding co- are up to the challenge. street and their instructors—deserve com- operation with the DEA Newark office, The over 9,000 employees of the DEA mendation for their dedication and sacrifice. we would have been unable to arrest are an asset to the country, and I’m Through public education, vigilance, and the six major gang leaders and confiscate a proud to honor them every day. They efforts of law enforcement, we can curb the substantial quantity of narcotics. The are in very dangerous places putting spread of dangerous drugs in our commu- assistance provided by the DEA is key their lives on the line every day. I want nities. to our continued success in taking high to thank them for their dedication and Mr. SCHIFF. I yield back the balance level dealers and large quantities of their commitment to the agency and of my time. drugs off the street.’’ our country. I urge my colleagues to The SPEAKER pro tempore. The It is due to the critical nature of support the resolution. question is on the motion offered by their work that I am very thankful Mr. GOHMERT. With that, Mr. the gentleman from California (Mr. that we saw fit to approve much-need- Speaker, we would urge our colleagues SCHIFF) that the House suspend the ed funding of the DEA in last year’s to join us in this resolution’s support. rules and agree to the concurrent reso- Consolidated Appropriations Act that My friend from Ohio will be man- lution, H. Con. Res. 369. put 200 more agents on the street after aging the next two bills, the Debbie The question was taken; and (two- having to endure a long hiring freeze in Smith Reauthorization Act, and the thirds being in the affirmative) the previous years. No justification for one to follow. Before I finish yielding rules were suspended and the concur- that whatsoever, Mr. Speaker. back my time, I would like to express rent resolution was agreed to. The SPEAKER pro tempore. The gen- my thanks to my friend from Cali- A motion to reconsider was laid on tleman’s time has expired. fornia, the chairman of the Judiciary the table.

VerDate Aug 31 2005 03:26 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.051 H14JYPT1 erowe on PROD1PC71 with HOUSE H6436 CONGRESSIONAL RECORD — HOUSE July 14, 2008 DEBBIE SMITH REAUTHORIZATION apply to grants made on or after January 1, carry out this section $10,000,000 for each of ACT OF 2008 2009. the fiscal years 2009 through 2015. SEC. 3. STUDY TO ASSESS THE DNA ANALYSIS SEC. 6. INCENTIVES FOR STATES TO COLLECT Mr. SCHIFF. Mr. Speaker, I move to BACKLOG. DNA SAMPLES FROM INDIVIDUALS suspend the rules and pass the bill (a) SENSE OF CONGRESS.—It is the sense of ARRESTED FOR OR CHARGED WITH (H.R. 5057) to reauthorize the Debbie Congress that— MURDER AND SEX CRIMES. Smith DNA Backlog Grant Program, as (1) despite the funding provided for more (a) IN GENERAL.—In the case of a State than 5 fiscal years by the Federal Govern- that receives funds for a fiscal year under amended. subpart 1 of part E of title I of the Omnibus The Clerk read the title of the bill. ment to assist in the reduction of the DNA analysis backlog, the backlog continues to Crime Control and Safe Streets Act of 1968 The text of the bill is as follows: exist in many crime laboratories around the and that has an implemented enhanced State H.R. 5057 country; DNA collection process for such year, the Be it enacted by the Senate and House of Rep- (2) as a consequence of the continuance of amount of funds that would otherwise be al- resentatives of the United States of America in the DNA analysis backlog, many violent located for that fiscal year to the State Congress assembled, crimes that could be solved remain unsolved, under such subpart shall be increased by 10 percent. SECTION 1. SHORT TITLE. and individuals who have been wrongfully (b) ENHANCED STATE DNA COLLECTION This Act may be cited as the ‘‘Debbie convicted who could be determined to be in- PROCESS DEFINED.—For purposes of this sec- Smith Reauthorization Act of 2008’’. nocent through DNA testing remain in pris- on; and tion, the term ‘‘enhanced State DNA collec- SEC. 2. REAUTHORIZATION OF THE DEBBIE (3) the causes of the DNA analysis backlog tion process’’ means, with respect to a State, SMITH DNA BACKLOG GRANT PRO- a process under which the State provides for GRAM. are complex and require a thorough and de- tailed study. the collection, for purposes of inclusion in (a) AMENDMENTS.—Section 2 of the DNA the Combined DNA Index System of the Fed- Analysis Backlog Elimination Act of 2000 (42 (b) STUDY REQUIRED.—The National Acad- emy of Sciences shall, in consultation with eral Bureau of Investigation, of DNA samples U.S.C. 14135) is amended— from the following individuals who are at (1) in subsection (a)— no fewer than 3 forensic science practitioners from States and units of local government, least 18 years of age: (A) by redesignating paragraphs (3) (1) Such individuals who are arrested for or through (5) as paragraphs (4) through (6), re- conduct a study to determine the resources and other requirements necessary to elimi- charged with a criminal offense under State spectively; law that consists of murder or voluntary (B) by inserting after paragraph (2) the fol- nate the DNA analysis backlog and to pre- vent such a backlog from reoccurring after it manslaughter or any attempt to commit lowing new paragraph: murder or voluntary manslaughter. ‘‘(3) To carry out, for inclusion in such has been eliminated. (c) REPORT.—Not later than one year after (2) Such individuals who are arrested for or Combined DNA Index System, DNA analyses the date of the enactment of this Act, the charged with a criminal offense under State of samples from missing or unidentified per- National Academy of Sciences shall submit law that has an element involving a sexual sons, including samples from the remains, to the Attorney General and to Congress a act or sexual contact with another and that personal effects, or biological relatives of report on the results of the study conducted is punishable by imprisonment for more than such persons.’’; under subsection (b). 1 year, or an attempt to commit such an of- (C) in paragraph (4) (as redesignated by (d) AUTHORIZATION OF APPROPRIATIONS.— fense. subparagraph (A)), by striking ‘‘paragraph There is authorized to be appropriated to (3) Such individuals who are arrested for or (1) or (2)’’ and inserting ‘‘paragraph (1), (2), carry out this section $2,000,000 for fiscal charged with a criminal offense under State or (3)’’; and year 2009. law that consists of a specified offense (D) in paragraph (5) (as so redesignated), by against a minor (as defined in section 111(7) striking ‘‘in paragraph (1)’’ and inserting ‘‘in SEC. 4. INCENTIVES FOR PERMANENT STATE- GENERATED DNA FUNDING of the Sex Offender Registration and Notifi- paragraphs (1) and (3)’’; STREAMS. cation Act (42 U.S.C. 16911(7))), or an attempt (2) in subsection (b)— (a) MATCHING FUNDS.—For each fiscal year to commit such an offense. (A) in paragraph (6), by striking ‘‘and’’ beginning after the date of the enactment of The expungement requirements under sec- after the semicolon; this Act, each eligible DNA funding State, tion 210304(d) of the DNA Identification Act (B) in paragraph (7), by striking the period with respect to a funding mechanism de- of 1994 (42 U.S.C. 14132(d)) shall apply to any and inserting ‘‘; and’’; and scribed in subsection (b) implemented by samples collected pursuant to this section (C) by adding at the end the following new such State, shall be eligible for Federal for purposes of inclusion in the Combined paragraph: matching funds to carry out such mechanism DNA Index System. ‘‘(8) provide assurances that the State or in an amount determined to be appropriate (c) EFFECTIVE DATE.—The provisions of unit of local government has implemented, by the Attorney General. this section shall apply to grants made on or or will implement not later than 2 years (b) ELIGIBLE DNA FUNDING STATES DE- after the date of the enactment of this Act. after the date of such application, a process SCRIBED.—For purposes of this section, the (d) AUTHORIZATION OF APPROPRIATIONS.— under which the State or unit, respectively, term ‘‘eligible DNA funding State’’ means a There is authorized to be appropriated, in ad- provides for the collection, for purposes of State that demonstrates to the satisfaction dition to funds made available under section inclusion in the Combined DNA Index Sys- of the Attorney General that the State has 508 of the Omnibus Crime Control and Safe tem of the Federal Bureau of Investigation, implemented (and applies) a permanent fund- Streets Act of 1968 (42 U.S.C. 3758), such sums of DNA samples from all felons who are im- ing mechanism that generates funds, wheth- as may be necessary to carry out this section prisoned in a prison of such State or unit, re- er by fees or penalties, that are allocated by for each of the fiscal years 2009 through 2013. spectively, (including all felons imprisoned the State only for purposes of the analysis of SEC. 7. ADDITIONAL STUDY AND REPORT ON IN- in such prison or unit, respectively, as of the DNA samples for law enforcement purposes. VESTIGATIONS AND PROSECUTIONS date of the enactment of the Debbie Smith (c) AUTHORIZATION OF APPROPRIATIONS.— RELATED TO CODIS ‘‘HITS’’. Reauthorization Act of 2008).’’; There is authorized to be appropriated to (a) STUDY.—The Inspector General of the (3) in subsection (c)(3)— carry out this section such sums as may be Department of Justice shall carry out a (A) by striking subparagraphs (A) through necessary for each of the fiscal years 2009 study on— (D); through 2013. (1) the number of instances in which DNA (B) by redesignating subparagraph (E) as SEC. 5. EVALUATION OF DNA INTEGRITY AND SE- samples that are matched with samples in- subparagraph (A); and CURITY. cluded in the Combined DNA Index System (C) by inserting after subparagraph (A) (as (a) EVALUATION.—Not later than one year database of the Federal Bureau of Investiga- so redesignated) the following new subpara- after the date of the enactment of this Act, tion that are followed up on by appropriate graph: and annually thereafter, the Attorney Gen- law enforcement entities; ‘‘(B) For each of the fiscal years 2010 eral shall evaluate the integrity and security (2) the number of such matches described through 2014, not less than 40 percent of the of DNA collection and storage practices and in paragraph (1) that are brought to the at- grant amounts shall be awarded for purposes procedures at a sample of crime laboratories tention of a prosecutor; under subsection (a)(2) of this section.’’; and in the United States to determine the extent (3) the number of the investigations de- (4) by amending subsection (j) to read as to which DNA samples are tampered with or scribed in paragraph (2) that result in a trial; follows: are otherwise contaminated in crime labora- and ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— tories. Such sample shall be a representative (4) in the case of matches described in There is authorized to be appropriated to the sample of crime laboratories in the United paragraph (1) that were not followed up on Attorney General for grants under sub- States. by appropriate law enforcement entities, section (a)— (b) REPORT.—The Attorney General shall were not brought to the attention of a pros- ‘‘(1) $151,000,000 for fiscal year 2009; and annually report to Congress the findings of ecutor, or did not result in a trial— ‘‘(2) $200,000,000 for each of the fiscal years the evaluation conducted under subsection (A) the reasons why such matches were not 2010 through 2014.’’. (a). pursued accordingly; and (b) EFFECTIVE DATE.—The amendments (c) AUTHORIZATION OF APPROPRIATIONS.— (B) the resulting impact on the criminal made by paragraph (2) of subsection (a) shall There is authorized to be appropriated to justice system, including whether other

VerDate Aug 31 2005 03:26 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.053 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6437 crimes were committed that could have been provide recommendations to the Director of tleman from Ohio (Mr. CHABOT) each prevented if such matches had been pursued the Federal Bureau of Investigation on the will control 20 minutes. accordingly. following: The Chair recognizes the gentleman (b) REPORT.—Not later than one year after (A) The feasibility and desirability of en- from California. the date of the enactment of this Act, the In- tering into agreements with private forensic spector General shall submit to Congress a laboratories to enable direct access to the GENERAL LEAVE report on the study under subsection (a). Combined DNA Index System of the Federal Mr. SCHIFF. Mr. Speaker, I ask SEC. 8. NATIONAL DNA INDEX SYSTEM ADVISORY Bureau of Investigation for the purpose of unanimous consent that all Members BOARD. uploading DNA analyses of samples obtained have 5 legislative days to revise and ex- (a) ESTABLISHMENT.—The Attorney General from persons convicted of crimes. tend their remarks and include extra- shall establish the National DNA Index Sys- (B) The feasibility and desirability of pro- neous material on the bill under con- tem Advisory Board (in this section referred viding for more limited technical review au- to as the ‘‘NDIS Advisory Board’’ to develop sideration. dits of DNA analyses of samples prior to The SPEAKER pro tempore. Is there and, if appropriate, periodically revise stand- uploading such data into the Combined DNA ards and requirements for the use of and ac- Index System. objection to the request of the gen- cess to the index described in section (C) The feasibility and desirability of per- tleman from California? 210304(a) of the DNA Identification Act of mitting greater participation in the tech- There was no objection. 1994 (42 U.S.C. 14132(a)). nical review of DNA analyses of samples by Mr. SCHIFF. Mr. Speaker, I yield (b) MEMBERSHIP.—Not later than 30 days contractor personnel. myself such time as I may consume. after the date of the enactment of this Act, (D) The feasibility and desirability of al- Mr. Speaker, H.R. 5057, the Debbie the Director of the Federal Bureau of Inves- lowing immediate upload of DNA profiles ob- Smith Reauthorization Act of 2008, au- tigation shall appoint members to the NDIS tained from crime scene samples and rape thorizes the Attorney General to pro- Advisory Board as follows: kits. (1) At least 4 directors of State or local fo- vide grants to States to assist them in (3) ISSUANCE OF POLICIES, PROCEDURES, AND reducing the enormous DNA evidence rensic laboratories. STANDARDS.—The Director of the Federal Bu- (2) One representative from the Federal reau of Investigation, with the approval of backlog in the Nation’s laboratories. Bureau of Investigation. the Attorney General, after taking into con- This important legislation will help to (3) One representative from the Scientific sideration the recommended policies, proce- solve more crimes. It will help to solve Working Group on DNA Analysis Methods. dures, and standards recommended by the more crimes more quickly, and perhaps (4) One representative from the Office of NDIS Advisory Board under this section most importantly, it will help to en- Legal Policy of the Department of Justice. shall issue (and revise from time to time) sure that other crimes are prevented (5) One representative from the National policies, procedures, and standards relating Institute of Justice. altogether. to the administration of the National DNA Across our Nation, law enforcement (6) One representative from the National Index System including, standards for qual- Academies of Science. ity assurance, testing the proficiency of fo- officers and prosecutors have come to (7) One State or local prosecutor. rensic laboratories, and forensic analysts, in recognize the role that DNA evidence (8) One criminal defense attorney. conducting analyses of DNA. can play in solving crimes. As a result, (9) One representative from the National (g) EXCLUSIVITY OF POLICIES, PROCEDURES, ever-increasing numbers of DNA sam- Institute of Standards and Technology. AND STANDARDS.—The policies, procedures, ples are being collected from crime (10) One member of the academic commu- and standards issued under subsection (f)(3) scenes and offenders. There is no better nity who specializes in DNA privacy issues. shall be the exclusive policies, procedures, (11) One crime victim or crime victim ad- example that demonstrates the effec- and standards issued with respect to State, tiveness of DNA technology in solving vocate. local, and private laboratories that partici- (12) One representative of a State police pate in the National DNA Index System. Po- crimes than that of Debbie Smith, the agency. lices, procedures, laboratory audit require- bill’s namesake. (13) One representative of a local police ments, standards, and any other manner of In 1989, Ms. Smith was kidnapped in agency. regulation or control (other than any condi- her Virginia home and viciously at- (c) APPLICATION OF FACA.—The Federal tion imposed pursuant to a grant awarded tacked by a stranger who threatened Advisory Committee Act (5 U.S.C. App.), through the Department of Justice) may not other than section 14 of such Act, shall apply her life should she report the attack. be inconsistent with, or expand upon provi- Nevertheless, with remarkable courage to the NDIS Advisory Board. sions contained in such approved policies, (d) NOTICE, COMMENT, AND PUBLICATION.— and determination, she reported the procedures, or standards. The Attorney General shall provide for pub- rape, and the crime lab preserved the lic notice and comment for each standard de- SEC. 9. DNA TECHNOLOGY ENHANCEMENT GRANTS. DNA evidence of her attacker. Eventu- veloped under this section and for publica- (a) IN GENERAL.—The Attorney General ally, when the perpetrator was required tion of each such standard. shall establish a grant program under which to provide a DNA sample for a separate (e) PAY AND REIMBURSEMENT.— the Attorney General may make grants to (1) NO COMPENSATION FOR MEMBERS OF NDIS violent crime he was convicted for, a States and units of local government to pur- ADVISORY BOARD.—Except as provided in match was made to the sample col- paragraph (2), a member of the NDIS Advi- chase forensic DNA technology or to improve lected from his attack on Ms. Smith, sory Board may not receive pay, allowances, such technology. identifying him as her attacker. (b) AUTHORIZATION OF APPROPRIATIONS.— or benefits by reason of their service on the There is authorized to be appropriated Mr. Speaker, Debbie Smith and her Board. $50,000,000 for each of the fiscal years 2009 husband, Rob, are here with us today, (2) TRAVEL EXPENSES.—Each member shall through 2013 to carry out subsection (a). and I would like to ask them to stand receive travel expenses, including per diem so we can not only acknowledge their in lieu of subsistence under subchapter I of SEC. 10. REAUTHORIZATIONS OF CERTAIN DNA- RELATED GRANT PROGRAMS. chapter 57 of title 5, United States Code. presence but thank them for their (a) DNA TRAINING AND EDUCATION FOR LAW (f) QUALITY ASSURANCE STANDARDS.— courage and determination and their ENFORCEMENT, CORRECTIONAL PERSONNEL, (1) IN GENERAL.—Not later than 180 days work which has served as the driving after the date of the enactment of this Act, AND COURT OFFICERS.—Section 303(b) of the force behind this legislation. the NDIS Advisory Board shall develop (and Justice For All Act of 2004 (42 U.S.C. 14136(b)) The remarkable law enforcement is amended by striking ‘‘2009’’ and inserting provide recommendations to the Director of value of DNA evidence has unfortu- the Federal Bureau of Investigation on) ‘‘2014’’. (b) SEXUAL ASSAULT FORENSIC EXAM PRO- nately been limited by the enormous standards governing the use of and access to GRAM GRANTS.—Section 304(c) of such Act (42 backlog of DNA samples still awaiting the index described in subsection (a). The U.S.C. 14136a(c)) is amended by striking NDIS Advisory Board shall periodically up- analysis. This means that crimes re- ‘‘2009’’ and inserting ‘‘2014’’. date such standards as appropriate. The main unsolved, violent offenders re- (c) DNA RESEARCH AND DEVELOPMENT.— standards shall provide for the expedited main at large, and innocent individuals Section 305(c) of such Act (42 U.S.C. uploading into such index by State and local may be wrongfully imprisoned. H.R. 14136b(c)) is amended by striking ‘‘2009’’ and forensic laboratories of DNA analyses of inserting ‘‘2014’’. 5057 would significantly increase the samples obtained from persons convicted of (d) DNA IDENTIFICATION OF MISSING PER- funding levels authorized for this im- crimes, including such analyses processed by SONS.—Section 308(c) of such Act (42 U.S.C. portant program and would also pro- private forensic laboratories. 14136d(c)) is amended by striking ‘‘2009’’ and vide for important studies to further ONSIDERATION OF ADDITIONAL PRO- (2) C inserting ‘‘2014’’. POSALS TO EXPEDITE PROCESSING AND improve the system. H.R. 5057 also in- UPLOADING OF DNA SAMPLES.—Not later than The SPEAKER pro tempore. Pursu- cludes a number of other important one year after the date of the enactment of ant to the rule, the gentleman from initiatives that were adopted during this Act, the NDIS Advisory Board shall also California (Mr. SCHIFF) and the gen- the committee process.

VerDate Aug 31 2005 03:26 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A14JY7.023 H14JYPT1 erowe on PROD1PC71 with HOUSE H6438 CONGRESSIONAL RECORD — HOUSE July 14, 2008 Beginning in the 1990s, the Nation’s collect or are preparing to collect sam- tion thereof upon every fine, penalty crime labs were largely unprepared for ples from all felony arrestees. and forfeiture levied on criminal of- the onslaught of requests for DNA serv- Virginia was the first State to ex- fenses, including traffic expenses, but ices. Samples continue to pour into our pand its database to include arrestees, excluding parking. Over $40 million has Nation’s crime labs at a pace faster and since then, the State has seen a been raised in California since its in- than they can be processed. In order to total of 398 hits to their arrestee data- ception, and this has taken some of the address backlog problems, many States base, 74 of which were associated with burden off the Federal Government and have begun outsourcing some of the sexual assault cases. For the first two the Debbie Smith grant funds available work to accredited private labora- months of this year alone, six hits to each year. tories. However, the FBI requires the arrestees were made, the first hit com- States should be encouraged to put crime labs perform in-house technical ing just after the upload of the first 80 such structures in place and for their reviews of 100 percent of database sam- samples into the database. ability to not rely as heavily on Fed- ples from contract labs. While this re- A 2005 Chicago study examined the eral resources. quirement is certainly important with criminal activities of only eight indi- Therefore, I authored a provision in regard to forensic casework samples, it viduals and found that 60 violent this bill that would authorize the At- is found to be an onerous requirement crimes could have been prevented, in- torney General to provide matching with regard to the rather simple swabs cluding 53 murders and rapes, if DNA funds to those States that have imple- that are taken from convicted offend- was required for felony arrests. mented permanent funding mecha- ers. In one example, Andre Crawford was nisms that generate funds, whether by charged with 11 murders and one at- fees or penalties, that are allocated by b 1630 tempted murder/aggravated sexual as- the State only for the purpose of ana- In fact, these requirements add sub- sault. If the State had required him to lyzing DNA samples for law enforce- stantial additional costs and further give a DNA sample during an earlier ment purposes. delay backlog reduction. Indeed, even felony arrest, the subsequent 10 mur- Finally, this legislation includes a Debbie Smith grant funds are expended ders and one rape would not have oc- separate grant authorization for up- on fulfilling these onerous require- curred. grading laboratory capability and in- ments. In another example, Mario Villa was frastructure. And it provides supple- The National Institute of Justice has charged with four rapes, linked by DNA mental grant incentives for States to confirmed that ‘‘the burden of these re- to two other rapes, and a main suspect fund their own DNA initiatives. quirements has increased the backlog in an additional rape and two at- We have a comprehensive bill that of convicted offender samples, cost mil- tempted rapes. If the State had re- will give lawmakers the best informa- lions of dollars, and forced crime lab- quired him to give a DNA sample dur- tion for formulating policy, as well as oratories to remove staff from ana- ing an earlier felony arrest, eight rapes provide law enforcement the most up- lyzing rape kits and other forensic or attempted rapes could have been to-date tools and technology for solv- samples.’’ prevented. ing crimes. In order to address this issue, I of- A recent Maryland study looked at I’d like to commend CAROLYN fered a bipartisan provision with my the criminal histories for three offend- MALONEY of New York for her leader- colleague Representative Dan Lungren ers and found that 20 crimes, including ship in authoring this bill. I also want that would create a new National DNA rapes, sexual assaults, and murder to thank Chairman CONYERS and Rank- Index System Advisory Board to ensure could have been prevented had their ing Member SMITH of Texas, as well as diverse representation of views, includ- DNA samples been required upon ar- Subcommittee Chairman BOBBY SCOTT ing State and local lab directors, offi- rest. and Ranking Member LOUIE GOHMERT cials from the FBI and DOJ, and other Mr. Speaker, States who have moved for their leadership in making this a relevant stakeholders. to collect arrestee samples, such as fully bipartisan effort. The board is directed to develop new Virginia and California, are greatly in- I urge my colleagues to support this standards governing the use of the Fed- creasing the power of the national DNA legislation. eral index that provide for the expe- network, while States with far nar- I reserve the balance of my time. dited uploading by State and local fo- rower collection regimes are making Mr. CHABOT. Mr. Speaker, I yield rensic labs of convicted offender pro- the Federal database, which Congress myself such time as I may consume. files generated by private labs. These has invested a substantial amount of I am pleased to join the gentleman new standards are to be issued within 6 money in, less sufficient. These States from California (Mr. SCHIFF) in support months. can still avail themselves of the Fed- of H.R. 5057, the Debbie Smith Reau- In addition, the board is directed to eral database and take full advantage thorization Act. look into the feasibility of other meas- of the expansive collection regimes of Congresswoman CAROLYN MALONEY ures that would greatly expedite anal- other States. introduced this legislation to reauthor- ysis and uploading, as well as backlog Therefore, a provision of this bill ize the Debbie Smith DNA Backlog reduction. These include the feasibility would provide incentives for States to Elimination Grant Program through and desirability of entering into agree- follow the lead of the 12 States that fiscal year 2014 at $151 million per year. ments with private forensic labs to en- currently collect samples from individ- DNA has become an invaluable tool able direct access to CODIS for the pur- uals arrested for or charged with mur- in identifying and convicting criminal pose of uploading DNA analyses of der and sex crimes. These States who suspects. At the same time, the in- samples obtained from persons con- would enact such an enhanced collec- creased use of DNA evidence in crimi- victed of crimes; the feasibility and de- tion process would be eligible for a 10 nal prosecutions has also increased sirability of providing for more limited percent increase in Federal formula DNA collection and processing re- technical review audits of DNA anal- law enforcement funds. quests. The result is a substantial yses of samples prior to uploading such Since State backlogs are so huge and backlog in processing DNA evidence data into CODIS; and the feasibility Federal funds remain limited, States across the country. and desirability permitting greater have had to share a significant portion The Debbie Smith program provides participation in the technical review of the burden to fund these activities. grants to State and local governments process of contractor personnel. However, State funding can fluctuate to reduce the DNA backlog of samples I also authored another provision in from year-to-year given the budget collected and entered into the national this legislation that aims to increase process and competing priorities. Some DNA database. The program, originally the crime-solving abilities of our DNA States, such as California, have pen- authorized in 2000, expires at the end of databases. alty fee structures in place that pro- fiscal year 2009. Today, 12 States collect samples from vide a more stable and consistent fund- Since 2000, DNA backlog grants have murder and sex crime arrestees, includ- ing stream. assisted State and local governments ing my home State of California. Four Proposition 69 in California provided with the collection of 2.5 million DNA of these States, including California, for a $1 penalty for every $10 or frac- samples from convicted offenders and

VerDate Aug 31 2005 03:26 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.054 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6439 arrestees for inclusion in the national tlewoman from Texas (Ms. JACKSON- who should be convicted and is still DNA database. The backlog grants LEE) for 4 minutes. walking the streets, can create more have also funded the testing of approxi- Ms. JACKSON-LEE of Texas. I thank danger, and those who have been tried mately 104,000 DNA cases between 2004 the distinguished member of the Judi- and incarcerated on contaminated DNA and 2007. ciary Committee and the manager of deserve a fair and just recommendation While the Debbie Smith Program has the minority side, as well as the chair- of their case. Contaminated DNA helps indeed been successful in reducing the man of the full committee, Mr. CON- no one and this amendment corrects backlog, there is still work to do. A YERS; the ranking member, Mr. SMITH; that problem. 2003 Department of Justice report indi- the subcommittee Chair, Mr. SCOTT; The sample should be a representa- cated a backlog of 48,000 DNA samples. and the ranking member, Mr. tive sample and should include at least The current backlog is expected to be GOHMERT. one lab from each State. My amend- just as high. As a member of the subcommittee on ment would require the Attorney Gen- Mr. Speaker, every 2.7 minutes a per- crime and a senior member of the eral to conduct this evaluation annu- son becomes a victim of sexual assault House Judiciary Committee, I rise with ally, and the Attorney General would in this country. That’s 22 Americans great enthusiasm to support H.R. 5057, be required to submit the evaluation to every hour, 528 every day, and over the Debbie Smith Reauthorization Act Congress. This amendment is nec- 3,600 every week who are the victims of of 2008. essary, and it authorizes some $10 mil- rape or sexual assault. Debbie Smith And I salute Mr. and Mrs. Smith. lion over a 5-year period to allow this was one of these victims, and it took 6 This is not a new bill to me. Congress- process to occur. years before her assailant was identi- woman MALONEY has worked very hard In Harris County, Texas, and other fied through DNA evidence. and has engaged the many women of places around the Nation, DNA evi- I also would like to commend Debbie the Congress to look at this issue in dence was contaminated and wrong- Smith and her family for their courage many, many different ways. We thank fully used to convict persons based and determination to help others who you, Debbie Smith for your courage, upon faulty evidence. An investigation may become victims and also to pre- and we thank you for your bravery. into the crime lab in Houston, for ex- vent others from becoming victims in This is an important initiative. ample, revealed that bad management, the future. It’s very commendable for There are many improvements that undertrained staff, false documenta- her and very brave of her and her fam- have made this bill even better, but tion, and inaccurate work cast doubt ily to step forward and go through had it not been for Debbie Smith and on thousands of DNA-based convic- what they have gone through. her courage, we would not be where we tions. Investigators raised serious There is another aspect of this bill are today. questions about the reliability of evi- that I would also like to highlight, and As my colleague has already said, dence in hundreds of cases they inves- that is the expansion of the grant pro- this bill was named for Debbie Smith tigated and asked for further inde- gram to locate and identify missing who was kidnapped in her Virginia pendent scrutiny and new testing to persons and human remains. There are home and raped by a stranger. The determine the extent to which individ- estimated to be more than 40,000 sets of Debbie Smith DNA backlog grant bill uals were wrongly convicted with unidentified human remains just, of- authorized grant money to States to faulty evidence. Two individuals, Mr. Rodriguez and tentimes, literally sitting on the collect samples from crime scenes and Mr. Joshua Sutton, were victimized by shelves in medical examiner offices or convicted persons. this faulty DNA process. Both served in law enforcement offices or in cor- This legislation also allows us to con- time in jail and were released when oner offices around the country. These duct DNA analysis and enter these re- their cases were properly reviewed. cases have been put at the bottom of sults into a comprehensive national the list far too often, while most recent database. Debbie Smith’s attacker re- b 1645 cases are investigated and solved using mained unidentified for over 6 years, This is evidence that my amendment DNA technology. Yet, many of the until a DNA sample collected from a helps an already good bill, which will 40,000 are also victims of heinous convicted person serving time in Vir- help victims like Mrs. Smith, but it crimes. ginia State prison revealed his involve- also provides the added integrity to For example in 1996, a woman who ment in her rape. Although eventually this system. became a very good friend of myself identified, the 6 years between crime The SPEAKER pro tempore. The and the staff people in my office, and identification allowed Ms. Smith’s time of the gentlewoman has expired. Debbie Culberson, her daughter Carrie attacker to engage in more criminal Mr. SCHIFF. I would be happy to died a gruesome death. While the mur- activity. yield an additional minute to the gen- derer was convicted and will serve the What is the purpose and value of this tlewoman from Texas. rest of his life in jail, Carrie has never legislation? It is to ensure that the per- Ms. JACKSON-LEE of Texas. My been found. Evidence has led investiga- petrator, the person who has acted in a amendment ensures that Congress will tors to the Ohio River, which divides violent and heinous way, is tried and exercise the appropriate oversight over the States of Ohio and Kentucky, but convicted in a direct and fair and just the DNA Data Collection Program. It we don’t know for sure. manner, and that this individual is will ensure the integrity and security Grants such as those made available taken off the streets in order not to of the DNA collection and storage pro- by H.R. 5057 will ensure that law en- harm anyone else. cedures. It is my hope that my amend- forcement nationwide have the re- I am very gratified that we have ex- ment will minimize wrongful convic- sources to make identifying these panded this legislation and that it is tions and will make the DNA storage human remains a priority as well. also an opportunity not only to ensure and collection process more reliable. Congress has a responsibility to as- that those who have committed the When such a sacrifice has been made sist States with investigating, pros- crime are ‘‘doing the time’’ but to by someone as brave as Mrs. Smith, ecuting, and severely punishing those make sure that DNA is accurate and along with the work that has been done who commit rapes and other sexual of- untainted for a fair and just results. by my colleague, Congresswoman fenses and provide justice for victims. I support this legislation, and there- MALONEY, and this Congress, it further The Debbie Smith Reauthorization Act fore, I offered a successful amendment enhances the Nation’s criminal justice protects victims by providing Federal that would require the Attorney Gen- system. We all agree, the criminal jus- funding to process the DNA evidence eral to evaluate the integrity and secu- tice system should convict those who needed to take violent criminals off rity of DNA collection and storage have done these dastardly acts, incar- the streets. practices and procedures at a sample of cerate them through a fair process of I urge my colleagues to join me in crime laboratories throughout the justice. And then, those who are inno- supporting this important legislation. country to determine the extent to cent, make sure that the criminal jus- I reserve the balance of my time. which DNA samples are tampered with tice system has the tools to insure Mr. SCHIFF. Mr. Speaker, it gives or are otherwise contaminated in such them not guilty through transparent me great pleasure to recognize the gen- laboratories. This is crucial. A person DNA evidence.

VerDate Aug 31 2005 03:26 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.056 H14JYPT1 erowe on PROD1PC71 with HOUSE H6440 CONGRESSIONAL RECORD — HOUSE July 14, 2008 This is the way the American’s jus- conditioned upon the State’s agreement to en- also provides us with an opportunity to tice system should be. We want this sure post-conviction DNA testing in appro- investigate some important related open fair system as much for Harris priate cases; and that Congress should work issues. County, Texas, as we want it for Los with the States to improve the quality of legal From my work on this issue, I’ve Angeles, Chicago, and other places representation in capital cases. Finally, the act learned that the Federal Government around the Nation. authorized an unspecified amount of appro- is unable to determine how many hits This bill is a bill of integrity and priations to the Attorney General to carry out the Federal Government informs fairness, and it upholds the fair justice the act. States about are actually followed up system of the United States of Amer- In 2004, DNA backlog elimination was incor- on by law enforcement. I think this ica. porated into the Justice for All Act of 2004’’, data is very important for policy- Mr. Speaker, this act authorizes funding to P.L. 108–405 and was renamed the Debbie makers to have. eliminate the large backlogs of DNA crime Smith DNA Backlog Grant Program, which be- A few years ago, USA Today engaged scene samples awaiting testing in State foren- came Title II of P.L. 108–405. While the act in a comprehensive examination of sic labs. I am in support of this bill. authorized $151 million for each fiscal year DNA cases. In one case, the DNA of a In recent years, law enforcement agencies 2005–2009, Congress did not appropriate any convicted child molester matched DNA have realized the critical value that DNA evi- money until FY 2008, at which time it appro- from an attempted sexual assault of a dence has in quickly solving cases. Often, a priated $147.4 million. 10-year-old girl. Police did not contact DNA sample result can scientifically link a per- The Debbie Smith DNA Backlog Grant Pro- the offender until after he had mo- petrator to a crime or prove a defendant’s in- gram expires at the end of FY 2009. H.R. lested another 10-year-old child 6 nocence with virtual certainty. Many of the Na- 5057, the ‘‘Debbie Smith Reauthorization Act,’’ months later. tion’s Federal and State criminal forensics lab- which has strong bipartisan support, would In another case, the DNA of a career oratories currently are overwhelmed with innu- renew the law and authorize $151 million for felon matched DNA left at a rape and merable samples awaiting DNA analysis. each fiscal year 2009–2014. H.R. 5057 speci- abduction from 2001. At the time the Named for Debbie Smith, who was kid- fies that not less than 40 percent of the total offender was serving a prison sentence napped in her Virginia home and raped by a amount awarded in grants must be used for for assault. The police did not contact stranger, the Debbie Smith DNA Backlog DNA analyses of samples from crime scenes, him until 8 months later, after he had Grant Program authorized grant money to rape kits and other sexual assault evidence, been released from prison and only States to collect samples from crime scenes and in cases that do not have an identified after being alerted by the rape victim, and convicted persons, conduct DNA anal- suspect. who encountered the offender by yses, and enter these results into a com- chance while walking in a local park. AMENDMENT These are two examples of situations prehensive national database. Debbie Smith’s While I support this legislation, I success- attacker remained unidentified for over six where there was a match made in the fully offered an amendment at subcommittee Federal database. States were informed years, until a DNA sample collected from a markup. My amendment would require the At- about it, but no action was taken, with convicted person serving time in a Virginia torney General to evaluate the integrity and tragic consequences. Therefore, I have State prison revealed his involvement in her security of DNA collection and storage prac- authored a provision in this bill that rape. Although eventually identified, the six tices and procedures at a sample of crime lab- would direct the Department of Justice years between crime and identification allowed oratories throughout the country to determine Inspector General to investigate and Ms. Smith’s attacker to engage in more crimi- the extent to which DNA samples are tam- report on how many CODIS database nal activity. pered with or are otherwise contaminated in hits are actually followed up on by law Reauthorization of the Debbie Smith DNA such laboratories. The sample should be a enforcement, how many of those hits Backlog Grant Program will help law enforce- representative sample and should include at are ultimately brought to the atten- ment throughout the Nation. It will facilitate the least one lab from each State. My amendment tion of a prosecutor and how many go development of a comprehensive national data would require the Attorney General to conduct to trial. base against which samples from current this evaluation annually and the Attorney Gen- Importantly, the report will also crime scenes can be compared. It will allow eral should be required to submit the evalua- shed additional light on the factors laboratories to reduce the currently unaccept- tion to Congress. This amendment is nec- that play in the event that matches able delays in processing DNA samples. Fi- essary. were not followed up on. In particular, nally, it will provide law enforcement and pros- In Harris County, Texas, DNA evidence was we asked the IG to determine the rea- ecutors strong tools to quickly identify and tainted and wrongfully used to convict persons son why matches were not pursued ac- prosecute criminals, minimizing the costs of in- based upon faulty evidence. An investigation cordingly, and to determine the result- vestigation and prosecution, the possibility of into the crime lab in Houston revealed that ing impact on the criminal justice sys- prosecuting the wrong person and the possi- bad management, under-trained staff, false tem, namely, whether other crimes bility of future heinous crimes. documentation, and inaccurate work cast were committed that could have been Recognizing that the backlog of biological doubt on thousands of DNA based convic- prevented if the matches were pursued evidence that had to be entered in State data- tions. Investigators raised serious questions accordingly. bases was preventing law enforcement offi- about the reliability of evidence in hundreds of Mr. HELLER of Nevada. Mr. Speaker, I rise cials from solving many of the Nation’s most cases they investigated and asked for further to urge my colleagues to vote for the Debbie heinous crimes, like the tragedy that befell independent scrutiny and new testing to deter- Smith Reauthorization Act (H.R. 5057), a bill Debbie Smith, Congress passed the DNA mine the extent to which individuals were that I cosponsored and strongly support. I ap- ‘‘Analysis Backlog Elimination Act of 2000’’ wrongly convicted with faulty evidence. preciate the efforts of my colleague from New (P.L. 106–546). The bill authorized the Attor- My amendment ensures that Congress will York, Mrs. MALONEY, in bringing this legislation ney General to make grants to eligible States exercise some oversight of the program. It will and previous bills regarding DNA evidence to to collect DNA samples from convicted individ- ensure the integrity and security of the DNA the House floor. uals and crime scenes for inclusion in the collection and storage and procedures. It is A tragic death that took place in my District Federal DNA database, Combined DNA Index my hope that my amendment will minimize early this year highlights the need for Con- System (CODIS), and to increase the capacity wrongful convictions and will make the DNA gress to support the Debbie Smith DNA Back- of State crime laboratories. The act required storage and collection process more reliable. log Grant Program at the U.S. Department of the Bureau of Prisons and the military to col- SCHIFF AMENDMENT Justice, DOJ. As many of my colleagues know lect DNA samples from convicted individuals I note that one of my colleagues on the from national news reports, nineteen-year-old and forward these samples for analysis, and Subcommittee offered an amendment, Mr. Brianna Denison was abducted, strangled to required the FBI to expand its CODIS data- SCHIFF. I do not agree with this amendment. death, and left in a vacant field in southeast base to include the analyses of these DNA The amendment would require that DNA be Reno. Based on DNA evidence, law enforce- samples. collected from all arrestees. This amendment ment determined that Brianna’s murder was The act also amended the criminal code to has serious civil liberties concerns. the work of a serial offender linked to several require all defendants on probation or super- Mr. CHABOT. Mr. Speaker, I yield other attacks in the Reno area. vised release to cooperate with the collection back the balance of my time. Like a majority of states, Nevada has expe- of a DNA sample. The act expressed the Mr. SCHIFF. Mr. Speaker, the reau- rienced a significant backlog in DNA proc- sense of Congress that State grants should be thorization of this important program essing. At the time of Brianna’s murder, more

VerDate Aug 31 2005 05:53 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4634 Sfmt 9920 E:\CR\FM\K14JY7.058 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6441 than 3,000 samples were waiting to be proc- DNA Backlog Grant Program authorized grant rape kits and other sexual assault evidence, essed in Nevada alone. Local law enforce- money to states to collect samples from crime and in cases that do not have an identified ment petitioned the Reno community for dona- scenes and convicted persons, conduct DNA suspect. tions that would enable them to expedite proc- analyses, and enter these results into a com- AMENDMENT essing of samples collected as part of prehensive national database. Debbie Smith’s While I support this legislation, I success- Brianna’s case and tackle the statewide back- attacker remained unidentified for over six fully offered an amendment at subcommittee log. Nevadans contributed nearly $300,000 to years, until a DNA sample collected from a markup. My amendment would require the At- eliminate the backlog of DNA samples in our convicted person serving time in a Virginia torney General to evaluate the integrity and State. State prison revealed his involvement in her security of DNA collection and storage prac- This significant outpouring of support dem- rape. Although eventually identified, the six tices and procedures at a sample of crime lab- onstrates the American people’s commitment years between crime and identification allowed oratories throughout the country to determine to fighting crime through DNA technology. Ms. Smith’s attacker to engage in more crimi- the extent to which DNA samples are tam- Congress should take this opportunity to mir- nal activity. pered with or are otherwise contaminated in ror the priorities of those we represent. In an Re-authorization of the Debbie Smith DNA such laboratories. The sample should be a age where DNA technology has the potential Backlog Grant Program will help law enforce- representative sample and should include at to solve previously unsolvable crimes and ment throughout the Nation. It will facilitate the least one lab from each State. My amendment quickly put violent offenders behind bars, there development of a comprehensive national data would require the Attorney General to conduct is no excuse for failing to equip law enforce- base against which samples from current this evaluation annually and the Attorney Gen- ment agencies with the tools and personnel crime scenes can be compared. It will allow eral should be required to submit the evalua- they need to quickly process DNA. laboratories to reduce the currently unaccept- tion to Congress. This amendment is nec- The Debbie Smith Reauthorization Act pro- able delays in processing DNA samples. Fi- essary. vides a vital means of reducing the DNA evi- nally, it will provide law enforcement and pros- A district attorney in Harris County, Texas dence backlog in labs across the country. I ecutors strong tools to quickly identify and used evidence to wrongfully convict persons joined 26 of my colleagues, including the au- prosecute criminals, minimizing the costs of in- based upon faulty evidence. An investigation thor of this legislation, in sending a letter to vestigation and prosecution, the possibility of into the Houston Police Department’s crime appropriators earlier this year urging appropri- prosecuting the wrong person and the possi- lab revealed that bad management, under- ators to provide full funding for the Debbie bility of future heinous crimes. trained staff, false documentation, and inac- Smith DNA Backlog Grant Program. Few in- Recognizing that the backlog of biological curate work cast doubt on thousands of DNA- vestments could be more important to effec- evidence that had to be entered in State data- based convictions. Investigators raised serious tive law enforcement in the 21st century. The bases was preventing law enforcement offi- questions about the reliability of evidence in national DNA database has made matches or cials from solving many of the Nation’s most hundreds of cases they investigated and otherwise aided in more than 51,000 cases heinous crimes, like the tragedy that befell asked for further independent scrutiny and since its inception. While the DNA of Brianna’s Debbie Smith, Congress passed the DNA new testing to determine the extent to which killer was unfortunately not detected as Ne- ‘‘Analysis Backlog Elimination Act of 2000’’ individuals were wrongly convicted with faulty vada’s samples were processed in recent (P.L. 106–546). The bill authorized the Attor- evidence. months, it is quite possible that the DNA of ney General to make grants to eligible States My amendment ensures that Congress will Brianna’s killer is backlogged in another state. to collect DNA samples from convicted individ- exercise some oversight of the program. It will Also worth noting is the fact that Nevada law uals and crime scenes for inclusion in the fed- ensure the integrity and security of the DNA enforcement was able to link 30 unsolved eral DNA database, Combined DNA Index collection and storage and procedures. It is cases to known offenders as a result of elimi- System (CODIS), and to increase the capacity my hope that my amendment will minimize nating our state’s DNA backlog. Assuming a of State crime laboratories. The Act required wrongful convictions and will make the DNA similar success rate nationwide, hundreds—if the Bureau of Prisons and the military to col- storage and collection process more reliable. not thousands—of criminals could be put be- lect DNA samples from convicted individuals SCHIFF AMENDMENT hind bars if law enforcement could process all and forward these samples for analysis, and I note that one of my colleagues on the DNA samples on hand. Thousands of victims required the FBI to expand its CODIS data- Subcommittee offered an amendment, Mr. and families whose cases are currently un- base to include the analyses of these DNA SCHIFF. I do not agree with this amendment. solved could find closure. samples. The amendment would require that DNA be Ensuring that all crime-related DNA samples The Act also amended the criminal code to collected from all arrestees. This amendment are entered in the nationwide database makes require all defendants on probation or super- has serious civil liberties concerns. every community in every district safer. Sup- vised release to cooperate with the collection Mr. SCHIFF. Mr. Speaker, in the ab- porting the Debbie Smith DNA Backlog Grant of a DNA sample. The Act expressed the sence of any further speakers, I yield Program tells law enforcement that Congress sense of Congress that State grants should be back the balance of my time. supports their crimefighting efforts with the conditioned upon the State’s agreement to en- The SPEAKER pro tempore. The best technology available, and shows the sure post-conviction DNA testing in appro- question is on the motion offered by American people our commitment to taking priate cases; and that Congress should work the gentleman from California (Mr. violent criminals off our streets. I strongly en- with the States to improve the quality of legal SCHIFF) that the House suspend the courage my colleagues to support the Debbie representation in capital cases. Finally, the Act rules and pass the bill, H.R. 5057, as Smith Reauthorization Act as well as efforts to authorized an unspecified amount of appro- amended. provide full funding for this vital program. priations to the Attorney General to carry out The question was taken; and (two- Ms. JACKSON-LEE of Texas. Mr. Speaker, the Act. thirds being in the affirmative) the I rise in support of H.R. 5057, the ‘‘Debbie In 2004, DNA backlog elimination was incor- rules were suspended and the bill, as Smith Reauthorization Act of 2008’’ (reauthor- porated into the Justice for All Act of 2004’’, amended, was passed. izing Title II of P.L. 108–405). This Act author- P.L. 108–405 and was renamed the Debbie The title was amended so as to read: izes funding to eliminate the large backlogs of Smith DNA Backlog Grant Program, which be- ‘‘A bill to reauthorize the Debbie DNA crime scene samples awaiting testing in came Title II of P.L. 108–405. While the Act Smith DNA Backlog Grant Program, State forensic labs. I am in support of this bill. authorized $151 million for each fiscal year and for other purposes.’’. In recent years, law enforcement agencies 2005–2009, Congress did not appropriate any A motion to reconsider was laid on have realized the critical value that DNA evi- money until FY 2008, at which time it appro- the table. dence has in quickly solving cases. Often, a priated $147.4 million. f DNA sample result can scientifically link a per- The Debbie Smith DNA Backlog Grant Pro- petrator to a crime or prove a defendant’s in- gram expires at the end of FY 2009. H.R. CRIMINAL HISTORY BACKGROUND nocence with virtual certainty. Many of the Na- 5057, the ‘‘Debbie Smith Reauthorization Act,’’ CHECKS PILOT EXTENSION ACT tion’s Federal and State criminal forensics lab- which has strong bipartisan support, would OF 2008 oratories currently are overwhelmed with innu- renew the law and authorize $151 million for Mr. SCHIFF. Mr. Speaker, I move to merable samples awaiting DNA analysis. each fiscal year 2009–2014. H.R. 5057 speci- suspend the rules and pass the Senate Named for Debbie Smith, who was kid- fies that not less than 40 percent of the total bill (S. 3218) to extend the pilot pro- napped in her Virginia home and raped in amount awarded in grants must be used for gram for volunteer groups to obtain nearby woods by a stranger, the Debbie Smith DNA analyses of samples from crime scenes, criminal history background checks.

VerDate Aug 31 2005 03:48 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A14JY7.053 H14JYPT1 erowe on PROD1PC71 with HOUSE H6442 CONGRESSIONAL RECORD — HOUSE July 14, 2008 The Clerk read the title of the Senate protect children from predators who may request criminal history back- bill. could gain access to children under the ground checks from the FBI on appli- The text of the Senate bill is as fol- guise of volunteering. Mentoring cants for volunteer or employee posi- lows: groups, large and small, want access to tions that entail working with chil- S. 3218 the information they need to protect dren. Be it enacted by the Senate and House of Rep- children, and the pilot has been ex- Currently, over 10,000 background resentatives of the United States of America in tremely successful in providing that checks have been administered through Congress assembled, access through a fee-supported system the Child Safety Pilot Program. Of SECTION 1. SHORT TITLE. at no cost to taxpayers. those checks, 7.5 percent of all workers This Act may be cited as the ‘‘Criminal The pilot demonstrated that there screened had an arrest or conviction on History Background Checks Pilot Extension was a clear need for this program to their record. Crimes uncovered in- Act of 2008’’. protect children. Six percent of checks cluded rape, child sexual abuse, mur- SEC. 2. EXTENSION OF PILOT PROGRAM. conducted came back with serious der, and domestic battery. Over 25 per- Section 108(a)(3)(A) of the PROTECT Act criminal records, in many cases records cent of applicants with a criminal (42 U.S.C. 5119a note) is amended by striking that would have not turned up through ‘‘a 60-month’’ and inserting ‘‘a 66-month’’. record committed crimes in States a search of a State database or through other than where they were applying to The SPEAKER pro tempore. Pursu- a name-based commercial search. We work. If it weren’t for the Child Safety ant to the rule, the gentleman from have cases from around the Nation in Pilot Program, employers may not California (Mr. SCHIFF) and the gen- which applicants for volunteering posi- have known that the applicants had tleman from Ohio (Mr. CHABOT) each tions with children were sex offenders, criminal records. will control 20 minutes. repeat felons, and child abusers. Volunteer organizations across the The Chair recognizes the gentleman The National Center for Missing and from California. country are working hard to provide Exploited Children reviewed files in safe learning and growing environ- GENERAL LEAVE which an applicant had a criminal ments for our children. That means Mr. SCHIFF. Mr. Speaker, I ask record in four States, including a con- hiring professional and responsible em- unanimous consent that all Members viction for murder, which they didn’t ployees. S. 3218 extends a program that have 5 legislative days to revise and ex- reveal to the organization. Losing ac- has successfully helped these groups do tend their remarks and include extra- cess to these checks would be disas- just that. neous material on the bill under con- trous for hundreds of small, commu- I urge my colleagues to join in sup- sideration. nity-based mentoring organizations. porting this important legislation. The SPEAKER pro tempore. Is there Due to the success of the program, objection to the request of the gen- Mr. Speaker, I yield back the balance we have extended the pilot twice be- of my time. tleman from California? fore. It is now set to expire July 31 un- Mr. SCHIFF. Mr. Speaker, I join with There was no objection. less we extend it again. This bill would my colleague in urging passage of this Mr. SCHIFF. Mr. Speaker, I yield provide a 6-month extension to give us legislation. myself such time as I may consume. all time to work on an appropriate per- Mr. Speaker, the Criminal History manent bill that protects our children, Ms. JACKSON-LEE of Texas. Mr. Speaker, Background Checks Pilots Extension while also protecting the privacy of po- I rise today in strong support of S. 3218, the Act of 2008 will allow a simple 6-month tential volunteers. ‘‘Criminal History Background Checks Pilot Ex- extension to the National Child Safety I am proud to sponsor, along with my tension Act of 2008’’. First, I would like to thank my distinguished colleague, ADAM Pilot Program passed as a part of the colleague, Mr. ROGERS of Michigan, the PROTECT Act of 2003. Child Protection Improvements Act, a SCHIFF of California, for introducing this much- I am proud to sponsor the House bill which would do just that. We will needed piece of legislation. This bill will version of this bill. The Senate has al- continue to work with stakeholders amend the ‘‘PROTECT Act of 2003’’ by ex- ready taken up the legislation by unan- and the Judiciary Committee to put in tending for six months the currently expiring imous consent, so if the House votes to place a permanent system of protec- Child Safety Pilot Program. This program will pass this bill, as I hope it will, it will tion. allow certain volunteer organizations to obtain go to the President to be signed into The pilot program has demonstrated national and state criminal history background law. that youth-serving organizations cor- checks on their volunteers. I strongly encour- We’re fortunate to have millions of rectly want to watch out for children age my colleagues to support this act. Americans who generously give their and want access to affordable, accurate The ‘‘Criminal History Background Checks time and energy to volunteer and men- and prompt background checks to help Pilot Extension Act of 2008’’ is critical because tor children. In 1986, as a then young them do so. We need to keep the pilot it will ensure that our Nation’s children remain lawyer, I volunteered as a Big Brother program in place while we develop the safe from predators and sex-offenders. By al- for a 7-year-old in the Greater Los An- permanent bill. lowing volunteer organizations working with geles area. That relationship has been I urge my colleagues to support this children the option of State and Federal back- one of the most rewarding and endur- important legislation. ground checks, we protect our children from ing that I’ve ever had. It also taught Mr. Speaker, I reserve the balance of our greatest fear: that the very organizations me firsthand the trust that we place in my time. that set out to help our children, inadvertently the adult in a mentoring situation. It’s Mr. CHABOT. Mr. Speaker, I yield harm them. important that we protect children by myself such time as I may consume. The ‘‘PROTECT Act of 2003’’ was aimed at taking reasonable and practical steps Mr. Speaker, I rise in support of S. defending children from the horrors of exploi- to help guard against the chance that a 3218, the Criminal History Background tation, abuse, and abduction. Yet, if we fail to convicted child abuser or sex offender Checks Pilot Extension Act of 2008, act now, the act’s 60–month ‘‘Child Safety might conceal his or her past and place which extends the Child Safety Pilot Pilot Program’’ will expire. We cannot afford to our children at risk. Program for volunteer organizations leave volunteer groups without this critical tool, Since 2003, and earlier, States have for an additional 6 months. and in the process leave countless children at been authorized to access national fin- Originally created in 2003 under the risk. gerprint-based background checks PROTECT Act, the Child Safety Pilot Upon enactment, the ‘‘Criminal History through the FBI on behalf of youth- Program has proven to be an effective Background Checks Pilot Extension Act of serving organizations. Unfortunately, resource for groups such as the Boys 2008’’ will extend by 6 months the ‘‘Child as of today, only one-third of States and Girls Clubs of America, the Na- Safety Pilot Program’’, and will allow certain have the infrastructure in place for a tional Mentoring Partnership, and the volunteer organizations to continue utilizing youth-serving organization to get a National Council of Youth Sports. the national and state criminal history back- background check from the FBI in an Through the pilot program, any non- ground checks. With passage of this act, we affordable and timely manner. profit organization that provides take one step forward to a day when all the In passing the PROTECT Act, Con- youth-focused care, as defined in the children of our Nation are safe from the harms gress acted in response to the need to National Child Protection Act of 1993, and horrors of abuse.

VerDate Aug 31 2005 03:48 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4634 Sfmt 9920 E:\CR\FM\K14JY7.060 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6443 Currently in the US, there are over 100,000 (1) to operate and expand the A Child Is grandmother suffering from Alz- cases of child abuse, abduction, or exploi- Missing Alert and Recovery Center to pro- heimer’s disease walks out of her home tation, each year. It is imperative that we do vide services to Federal, State, and local law in the middle of the night. When the enforcement agencies to promote the quick terrifying event of a missing person is not allow this number to escalate out of care- recovery of a missing child in response to a lessness. Why should we allow an extra request from such agencies for assistance by reported to the police, the responding Amber Alert to occur when it would be so utilizing rapid alert telephone calls, text police officer can call the center, which easy to prevent? messaging, and satellite mapping tech- operates 365 days a year, 24 hours a The Amber Alert Network which was first nology; day. Based on information from the implemented in the State of Texas is an im- (2) to maintain and expand technologies call, the center quickly prepares a re- portant element in attaining a truly secure en- and techniques to ensure the highest level of corded message that includes a descrip- vironment. This system is part of an additional performance of such services; tion of the missing person, along with (3) to establish and maintain regional cen- a location where the person was last level of protection. Yet, programs like Amber ters to provide both centralized and on-site Alert lose their significance when they are not training and to distribute information to seen. Within minutes, the center sends accompanied by meaningful precautions. The Federal, State, and local law enforcement this recording to thousands of phones background checks that the ‘‘Criminal History agency officials about how to best utilize the within a radius of the last known loca- Background Checks Pilot Extension Act of services provided by the A Child Is Missing tion. This activity can save not only 2008’’ makes possible, allow us to stop Amber Alert and Recovery Center; precious lives, but also critically need- Alerts before they happen. (4) to share appropriate information with ed enforcement resources that would I have always seen the safety of children as the National Center for Missing and Ex- otherwise be spent in extended ploited Children, the AMBER Alert Coordi- searches for missing persons. an issue of tremendous importance. Whether nator, and appropriate Federal, State, and it is through this bill, protecting children from local law enforcement agencies; and The bill before us today will make a sex-offenders, or in recent legislation such as (5) to assist the National Center for Miss- significant contribution to the protec- H.R. 3397, safeguarding children against lead- ing and Exploited Children, the AMBER tion of children and vulnerable adults poisoning, or in other acts improving school Alert Coordinator, and appropriate Federal, throughout the United States. I want safety, I believe that the well-being of our chil- State, and local law enforcement agencies to thank the sponsor of this bill, Ron dren must be one of our foremost concerns. with education programs. Klein of Florida, for his leadership on I urge my colleagues to support this act to SEC. 3. DEFINITION OF MISSING CHILD. this very important issue. I urge my protect the children of Texas’ 18th and the For purposes of this Act, the term ‘‘miss- colleagues to support the legislation. ing child’’ means an individual whose where- Mr. Speaker, I reserve the balance of children of our Nation. abouts are unknown to a Federal, State, or Mr. SCHIFF. Mr. Speaker, I yield local law enforcement agency. my time. back the balance of my time. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Mr. CHABOT. Mr. Speaker, I yield The SPEAKER pro tempore. The For grants under section 2, there are au- myself such time as I may consume. question is on the motion offered by thorized to be appropriated to the Attorney Mr. Speaker, I rise in strong support the gentleman from California (Mr. General $5,000,000 for each fiscal year from of H.R. 5464, a bill that would authorize SCHIFF) that the House suspend the fiscal year 2009 through fiscal year 2014. the A Child is Missing Program for the rules and pass the Senate bill, S. 3218. The SPEAKER pro tempore. Pursu- next 5 years. The question was taken; and (two- ant to the rule, the gentleman from I would like to thank the distin- thirds being in the affirmative) the California (Mr. SCHIFF) and the gen- guished gentleman from Florida (Mr. rules were suspended and the Senate tleman from Ohio (Mr. CHABOT) each KLEIN) for his work on this important bill was passed. will control 20 minutes. bill. A motion to reconsider was laid on The Chair recognizes the gentleman The A Child is Missing Program is an the table. from California. unsung tool that our law enforcement f GENERAL LEAVE and communities have been using since Mr. SCHIFF. Mr. Speaker, I ask 1997 to locate missing children and also A CHILD IS MISSING ALERT AND unanimous consent that all Members elderly that are missing due to Alz- RECOVERY CENTER ACT have an additional 5 legislative days to heimer’s or other difficulties. Mr. SCHIFF. Mr. Speaker, I move to revise and extend their remarks and in- I would also like to recognize the suspend the rules and pass the bill clude extraneous material on the bill founder of this program that was (H.R. 5464) to direct the Attorney Gen- under consideration. founded back in January 1997. I had the eral to make an annual grant to the A The SPEAKER pro tempore. Is there opportunity to meet with her in Cin- Child Is Missing Alert and Recovery objection to the request of the gen- cinnati, the Greater Cincinnati area, Center to assist law enforcement agen- tleman from California? Norwood, in particular, Sherry Fried- cies in the rapid recovery of missing There was no objection. lander, who is in the gallery today. children, and for other purposes. Mr. SCHIFF. Mr. Speaker, I yield And if she could stand, I would like to The Clerk read the title of the bill. myself such time as I may consume. acknowledge her. The text of the bill is as follows: Mr. Speaker, H.R. 5464, the ‘‘A Child Statistics released by the Center for H.R. 5464 is Missing Alert and Recovery Center Missing and Exploited Children reveal Act,’’ helps address the terrifying expe- Be it enacted by the Senate and House of Rep- that more than 2,000 children go miss- resentatives of the United States of America in rience of when a family member or ing each day in this country. Let me Congress assembled, friend goes missing. repeat that, 2,000 children go missing SECTION 1. SHORT TITLE. Under current law, there are pro- every day in this country. grams such as Amber Alert to help This Act may be cited as the ‘‘A Child Is b 1700 Missing Alert and Recovery Center Act’’. missing children who are abducted or SEC. 2. DIRECTING THE ATTORNEY GENERAL TO become victims of foul play. But these We know that the first couple of MAKE ANNUAL GRANTS TO A CHILD programs do not extend to situations hours a child is missing are critical to IS MISSING ALERT AND RECOVERY where a child or elderly person be- the successful recovery of that child. CENTER TO ASSIST LAW ENFORCE- While the AMBER Alert is a critical MENT AGENCIES IN RECOVERING comes missing in other more innocent MISSING CHILDREN. ways. H.R. 5464 fills this gap and au- tool, it takes hours to initiate. The A (a) IN GENERAL.—The Attorney General, thorizes money for annual grants to Child is Missing program fills that acting through the Administrator of the Of- the A Child is Missing Alert and Recov- void, alerting and mobilizing the com- fice of Juvenile Justice and Delinquency ery Center. This national nonprofit munity almost immediately. The A Prevention, shall annually make a grant to program provides assistance to local Child is Missing program has been the A Child Is Missing Alert and Recovery law enforcement throughout the coun- credited with over 300 safe-assisted re- Center. try in all situations of missing persons, coveries and is supported by law en- (b) SPECIFIED USE OF FUNDS FOR RECOVERY ACTIVITIES, REGIONAL CENTERS, EDUCATION, not only those involved in criminal ac- forcement organizations all over the AND INFORMATION SHARING.—A Child Is Miss- tivity. country. In my own district, the First ing Alert and Recovery Center shall use the The center helps when a small child District of Ohio, local law enforcement funds made available under this Act— fails to come home from school or a agencies have directly benefited from

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the program. In fact, just this past A Child is Missing also fills a critical CHABOT, Mr. NADLER, Mr. WEXLER, Mr. COHEN, May, we highlighted the program’s suc- gap in time in the most dangerous Mr. JOHNSON, Ms. SUTTON, and Ms. cess in the city of Norwood, as I men- cases. Although the AMBER Alert has WASSERMAN SCHULTZ. tioned before, Norwood, Ohio. been an extremely successful program, A child goes missing every 40 seconds. The H.R. 5464 will ensure that the pro- there is still a crucial void of 3 to 5 successful recovery of missing children often gram has the resources it needs over hours in many cases from when a child requires a quick response. In 1997, Sherry the next 5 years to continue serving is first reported missing and when an Friedlander, the founder of A Child is Missing communities like Norwood, Ohio, and AMBER Alert shows up on our high- (ACIM), saw the need for a rapid-response communities all over the country. I ways or is announced, which is only ac- program to persons who go missing, espe- urge my colleagues to support this tivated when cases of criminal abduc- cially in situations that do not involve abduc- critical program by passing H.R. 5464. tion have been issued. This critical pe- tions. In response to this need, she estab- Mr. Speaker, I reserve the balance of riod of time can be the difference be- lished ACIM, a national non-profit organization my time. tween whether a child lives or dies. Re- that offers free assistance to law enforcement ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE cently, a Washington State Attorney 365 days of the year, 24 hours per day. The The SPEAKER pro tempore. Mem- General’s office study showed that program is not limited to children, but extends bers are reminded to refrain from ref- among cases involving children ab- to elderly persons (suffering from senility or erences to occupants of the gallery. ducted and murdered, 74 percent were Alzheimer’s), mentally challenged or disabled Mr. SCHIFF. Mr. Speaker, it gives slain in the first 3 hours. This only individuals and college students. me great pleasure to yield 5 minutes to highlights the importance of this time When law enforcement receives a call re- the gentleman from Florida (Mr. element. Adding to this problem is the garding a missing person, the first-responder KLEIN). resource and manpower limitations can immediately call ACIM for help. The offi- Mr. KLEIN of Florida. Mr. Speaker, I facing many local law enforcement cer provides critical information to ACIM, such rise today as the lead sponsor of H.R. agencies. Roughly half of these officers as the person’s age and description and the 5464 to urge my colleagues to vote in in the United States have 25 or fewer last time/place seen. ACIM uses that informa- support of the A Child is Missing Alert officers, and an average 12-hour search tion to record a message that, within minutes, and Recovery Center Act. And before I for a missing child can cost up to is sent via phone to 1000s of locations within begin, I would like to thank the gen- $400,000. a radius of the last sighting of the person. tleman from California (Mr. SCHIFF) A Child is Missing helps to fill this Through their computer mapping system, and the gentleman from Ohio, as he critical gap in time as well as com- ACIM also can identify ‘‘hot spots,’’ such as supported the bill in committee as plement the AMBER Alert during the water or wooded areas. well; as well as Mr. CONYERS of Michi- ongoing search. We know this for a fact ACIM complements the Amber Alert pro- gan, the Chair of our Judiciary Com- because we have heard it from count- gram by providing different services. While mittee; and the Chair of the Crime less law enforcement officers from all Amber Alert focuses on children who are ab- Subcommittee, Mr. SCOTT of Virginia, over the United States. ducted, ACIM covers all ‘‘persons’’ who go for their extraordinary leadership and So the issue isn’t whether A Child is missing, including situations where criminal in- support in moving this bill out of their Missing works or not. The real issue is tent may not be at issue. Amber Alert uses tel- committees and on to the floor. And that not enough local communities evision and highway signs to broadcast infor- also I would like to acknowledge and have access to the program. The found- mation about the abducted child and the re- thank the ranking members, Mr. SMITH er and president of A Child is Missing, lated vehicle, while ACIM uses a rapid re- and Mr. GOHMERT. Mr. GOHMERT was es- Sherry Friedlander from my home sponse telephone alert system and covers pecially supportive during the hearing community of Ft. Lauderdale, has done cases where there is no vehicle involved. The on the legislation in the Crime Sub- an exceptional job in creating and ACIM notification system often can respond committee, and I would personally like spreading this program not only in our more quickly than the Amber Alert program. to thank him for his remarks and sup- community but throughout all 50 ACIM would use the requested money to port. States. But if we are going to bring the operate and expand the existing ACIM office Mr. Speaker, H.R. 5464 would expand program to every community in all in Florida, to develop Regional Centers for on- the widely praised A Child is Missing these States, then we will need to le- site training and communication with local law nonprofit organization into a national verage the resources of the Federal enforcement, to maintain and expand their program with regional centers under Government, and that’s exactly what computer and phone technologies, and to as- the Department of Justice. The author- this legislation does. sist the National Center for Missing and Ex- ized funds would allow for the purchase H.R. 5464 has broad bipartisan sup- ploited Children, the AMBER Alert Coordi- of future technologies and techniques, port in Congress. We have cosponsors nator, and appropriate law enforcement agen- centralized and on-site training, and from all across the country including cies with training. for the distribution of information to Ohio, Kentucky, Texas, Indiana, and H.R. 5464 authorizes $5 million annual Federal, State, and local law enforce- New York. In the Senate companion grants for 2009 through 2014 to A Child is ment agency officials on the best ways legislation was introduced by Senator Missing Alert and Recovery Center (ACIM) to to utilize the round-the-clock services MENENDEZ and is cosponsored by Sen- assist law enforcement in the rapid recovery of provided by the A Child is Missing ator HATCH, the distinguished former missing children and other individuals. Alert and Recovery Center. chairman of the Senate Judiciary Com- I look forward to hearing from our witnesses Currently, A Child is Missing is the mittee. We have such support because and look forward to their testimony. I hope that only program of its kind that assists in A Child is Missing provides a service we can ensure the health and safety of the all missing cases involving abduction, that transcends politics. Our children young and the elderly—two vulnerable popu- children who are lost, wander, or run are not Democrats or Republicans. lations—whose rights I have long championed. away; and adults with special needs They are our children, and they are all Mr. CHABOT. Mr. Speaker, I have no such as the elderly who suffer with Alz- of our responsibility, and their protec- further requests for time, and I yield heimer’s, which is a concern in my dis- tion requires us to work together to do back the balance of my time. trict in south Florida. what’s best for their continued safety. Mr. SCHIFF. Mr. Speaker, I have no When a person is reported missing to That’s why, Mr. Speaker, I urge my further requests for time, and I yield the police, A Child is Missing utilizes colleagues today to support H.R. 5464. back the balance of my time. the latest technology to place 1,000 Ms. JACKSON-LEE of Texas. Mr. Speaker, The SPEAKER pro tempore. The emergency telephone calls every 60 sec- for your leadership in bringing this very impor- question is on the motion offered by onds to residents and businesses in the tant bill to the floor. I support this bill and urge the gentleman from California (Mr. area where the person was last seen. It my colleagues to do the same. This bill is SCHIFF) that the House suspend the works in concert with the existing good and it is necessary. rules and pass the bill, H.R. 5464. AMBER Alert system and all other The bill is sponsored by Mr. KLEIN and has The question was taken; and (two- child safety programs and has the sup- bi-partisan support. It has 21 cosponsors, in- thirds being in the affirmative) the port of law enforcement agencies all cluding the following Judiciary members: rules were suspended and the bill was across our country. Chairman CONYERS, Chairman SCOTT, Mr. passed.

VerDate Aug 31 2005 03:48 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.065 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6445 A motion to reconsider was laid on grams, all of which provide proven and by increasing the number of officers on the the table. highly effective crime prevention. street; and gives local law enforcement offi- f In turn, these innovations dem- cers the tools they need to shut down the pro- onstrate that the best crime policy in- duction and distribution of illegal drugs. EDWARD BYRNE MEMORIAL JUS- corporates programs that help at-risk With the help of Byrne JAG funding, State TICE ASSISTANCE GRANT PRO- youth avoid criminal behavior and that and local law enforcement officers across the GRAM REAUTHORIZATION prepare prisoners for reentry into soci- country have made tremendous strides in Mr. SCHIFF. Mr. Speaker, I move to ety so they have meaningful and pro- combating illegal drugs. A recent study found suspend the rules and pass the Senate ductive alternatives to crime when that Byrne JAG funded programs have led to bill (S. 231) to authorize the Edward they return home. 220,000 arrests, the seizure of 54,000 weap- Byrne Memorial Justice Assistance S. 231 would simply reauthorize the ons; the destruction of 5.5 million grams of Grant Program at fiscal year 2006 lev- Byrne/JAG Program at its current methamphetamine, and the elimination of al- els through 2012. funding level, which is $1.095 billion, most 9,000 methamphetamine labs. The Clerk read the title of the Senate through 2012. The House passed sub- In Iowa, reported methamphetamine labs bill. stantially identical legislation by voice have dropped 90 percent since their peak in The text of the Senate bill is as fol- vote last month. Passing the Senate 2004. Meanwhile, meth treatment admissions lows: version will enable us to send this im- have increased and Iowa now has the third S. 231 portant bill to the President. highest rate of meth treatment in the country. Be it enacted by the Senate and House of Rep- I urge my colleagues to support this Child abuse due to meth labs is in decline, resentatives of the United States of America in measure. and three recent Iowa Youth Surveys have Congress assembled, Mr. Speaker, I reserve the balance of shown steady decline in substance use among SECTION 1. AUTHORIZATION OF GRANTS. my time. 6th, 8th, and 11th grade students. Section 508 of title I of the Omnibus Crime Mr. CHABOT. Mr. Speaker, I yield What these statistics make clear is that Control and Safe Streets Act of 1968 (42 myself such time as I may consume. Byrne JAG is proven, effective, and critical to U.S.C. 3758) is amended by striking ‘‘for fis- I rise in support of S. 231, a bill to re- public safety. This reauthorization lays the cal year 2006’’ through the period and insert- authorize the Edward Byrne Memorial groundwork for robust funding for Byrne JAG ing ‘‘for each of the fiscal years 2006 through Justice Assistance Grant Program through 2012, and I urge my colleagues to not 2012.’’. through fiscal year 2012. only support adoption of the bill but to also The SPEAKER pro tempore. Pursu- This bill continues to fund the De- support full funding for the program in this and ant to the rule, the gentleman from partment of Justice Byrne/JAG Grant coming years. California (Mr. SCHIFF) and the gen- Program at the fiscal year 2006 level. Ms. JACKSON-LEE of Texas. Mr. Speaker, tleman from Ohio (Mr. CHABOT) each The House passed companion legisla- I rise today in support of S. 231 to reauthorize will control 20 minutes. tion, H.R. 3546, just a few weeks ago. the Edward Byrne Memorial Justice Assist- The Chair recognizes the gentleman The Byrne/JAG Program provides as- ance Grant, Byrne–JAG, Program at fiscal from California. sistance to State and local law enforce- year 2006 levels through 2012. The Byrne– GENERAL LEAVE ment officials. These grants support a JAG monies are supposed to be used to make Mr. SCHIFF. Mr. Speaker, I ask wide range of law enforcement activi- America a safer place. I support the reauthor- unanimous consent that all Members ties to prevent and control crime and ization, and I would urge my colleagues to do have 5 legislative days to revise and ex- improve the criminal justice system. likewise. tend their remarks and include extra- Byrne/JAG grants may be used to help WHY BYRNE–JAG IS NECESSARY neous material on the bill under con- pay for personnel, overtime, or equip- Byrne–JAG allows States and local govern- sideration. ment. Funds are also used for state- ments to support a broad range of activities to The SPEAKER pro tempore. Is there wide initiatives, technical assistance, prevent and control crime and to improve the objection to the request of the gen- and training. criminal justice system, which States and local tleman from California? In June the FBI released its 2007 Uni- governments have come to rely on to ensure There was no objection. fied Crime Report detailing the statis- public safety. They support: law enforcement, Mr. SCHIFF. Mr. Speaker, I yield tics for violent crime nationwide. The prosecution and court programs, prevention myself such time as I may consume. rate for violent crimes, including rob- and education, corrections and community The Byrne Memorial Justice Assist- bery, sexual assault, and murder, de- programs, drug treatment, planning, evalua- ance Grant, or Byrne/JAG Program, is creased nationally. However, the report tion, technology improvement programs, and named after Edward Byrne, a New also showed that the rate of violent crime victim and witness programs, other than York City police officer killed by a vio- crime increased in some communities compensation. In short, they are an indispen- lent drug gang 20 years ago. across the country. sable resource that States use to combat The Byrne/JAG Program is the only Our Nation’s law enforcement offi- crime. source of Federal funding for multi-ju- cials are dedicated to preventing crime RECENT CUTS IN BYRNE JAG FUNDING risdictional efforts to prevent and fight and keeping our communities safe, and Unfortunately, in fiscal year 2008 the Byrne– crime. The funding is used by States their efforts should be applauded. Con- JAG program was cut by two-thirds. Although and local governments to support a gress plays an important role in sup- Congress authorized over $1 billion, only $520 broad range of activities to prevent and porting State and local law enforce- million were appropriated for fiscal year 2007. control crime and to improve the ment officials by continuing to reau- The appropriation was then drastically reduced criminal justice system. thorize programs like this at appro- to $170.4 million in fiscal year 2008, and the Specific uses include law enforce- priate levels. President has proposed further cuts for the fis- ment, prosecution, and court programs; I urge my colleagues to support this cal year 2009 budget. crime prevention and education pro- bill. PAST PROBLEMS WITH BYRNE JAG grams; community-based programs; Mr. LOEBSACK. Mr. Speaker, I rise today in The trend to reduce the grant funding may drug treatment, planning, and evalua- strong support of reauthorization of the Ed- result, in part, from instances where Byrne– tion efforts; and crime victim and wit- ward Byrne Memorial Justice Assistance Grant JAG funding has been abused. For example, ness programs. program. As a cosponsor of the House version in 1999 Byrne–JAG funding was used in the Simply put, this program enables of this bill, I am pleased that this legislation infamous Tulia outrage in which a rogue police States to employ all aspects of fighting will reauthorize a program that is vital not only narcotics officer in Texas set up dozens of crime, rather than simply using the so- to my District, but to Iowa, and States across people, most of them African-American, in called ‘‘get tough’’ approach limited to the country. false cocaine trafficking charges. In other in- making more arrests and making sen- Byrne JAG is one of our country’s most ef- stances, jurisdictions used the funding to fund tences longer. fective law enforcement tools. It is the only task forces focused solely on ineffective, low- Nationwide, the program has resulted source of federal funding for multi-jurisdictional level drug arrests, which has put the task in major innovations in crime control, efforts to prevent, fight, and prosecute drug-re- force concept-and the diminished standards of including drug courts, gang prevention lated and violent crime. The program funds drug enforcement that it has come to rep- strategies, and prisoner reentry pro- drug treatment; keeps our communities safe resent—in the national spotlight.

VerDate Aug 31 2005 05:53 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4634 Sfmt 9920 E:\CR\FM\K14JY7.068 H14JYPT1 erowe on PROD1PC71 with HOUSE H6446 CONGRESSIONAL RECORD — HOUSE July 14, 2008 The most well-known Byrne-funded scandal should be posted on the Bureau of Justice rules were suspended and the Senate occurred in Tulia, Texas where dozens of Afri- Statistics website and submitted to the Attor- bill was passed. can-American residents, representing 16 per- ney General. A motion to reconsider was laid on cent of the town’s black population, were ar- My amendment is good because arrests will the table. be transparent and the light of day and public rested, prosecuted and sentenced to decades f in prison, even though the only evidence airing of any problems will be the greatest dis- against them was the uncorroborated testi- infectant. My amendment is an attempt to RECESS mony of one white undercover officer with a make law enforcement more responsible, The SPEAKER pro tempore. Pursu- history of lying and racism. The undercover of- more accountable, and more just in their deal- ant to clause 12(a) of rule I, the Chair ficer worked alone, and had no audiotapes, ings with persons of all races and back- declares the House in recess until ap- video surveillance, or eyewitnesses to collabo- grounds. My amendment is but a small price proximately 6:30 p.m. today. rate his allegations. Suspicions eventually to pay to rid the Nation of scandals and disas- Accordingly (at 5 o’clock and 12 min- arose after two of the accused defendants ters that occurred in Tulia, Texas and else- utes p.m.), the House stood in recess were able to produce firm evidence showing where. until approximately 6:30 p.m. they were out-of-State or at work at the time My amendment, which I would have offered, f of the alleged drug buys. Texas Governor Rick would provide oversight and accountability. It Perry eventually pardoned the Tulia defend- is not burdensome. It will not prevent the b 1831 ants, after four years of imprisonment, but States from collecting and funding programs these kinds of scandals continue to plague the under the Byrne Grant program. My amend- AFTER RECESS Byrne grant program. ment does, however, shed light on any mala- The recess having expired, the House These scandals are not the result of a few dies that might exist in the system. Once we was called to order by the Speaker pro ‘‘bad apples’’ in law enforcement; they are the see the problems, we can fix them. My tempore (Mr. PATRICK J. MURPHY of result of a fundamentally flawed bureaucracy amendment is responsible and aims to make Pennsylvania) at 6 o’clock and 31 min- that is prone to corruption by its very structure. the Byrne-Grant program a better program by utes p.m. ensuring that the funding is used appropriately Byrne-funded regional anti-drug task forces f are Federally funded, State managed, and lo- and is used with oversight. cally staffed, which means they do not really NO MORE TULIAS REPORT ON RESOLUTION PRO- have to answer to anyone. In fact, their ability While I support the Byrne–JAG reauthoriza- VIDING FOR CONSIDERATION OF to perpetuate themselves through asset for- tion, I would also urge my colleagues to also H.R. 415, TAUNTON RIVER WILD feiture and Federal funding makes them unac- support my bill, H.R. 253, No More Tulias: AND SCENIC DESIGNATION Drug Law Enforcement Evidentiary Standards countable to local taxpayers and governing Mr. HASTINGS of Florida, from the Improvement Act of 2007. This bill also en- bodies. Committee on Rules, submitted a priv- hances accountability with respect to the use The scandals are more widespread than just ileged report (Rept. No. 110–758) on the a few instances. A 2002 report by the ACLU of Byrne–JAG monies. First, it prohibits a State from receiving for resolution (H. Res. 1339) providing for of Texas identified 17 scandals involving consideration of the bill (H.R. 415) to Byrne-funded anti-drug task forces in Texas, a fiscal year any drug control and system im- provement (Byrne) grant funds, or any other amend the Wild and Scenic Rivers Act including cases of falsifying government to designate segments of the Taunton records, witness tampering, fabricating evi- amount from any other law enforcement as- sistance program of the Department of Jus- River in the Commonwealth of Massa- dence, stealing drugs from evidence lockers, tice, unless the State does not fund any anti- chusetts as a component of the Na- selling drugs to children, large-scale racial drug task forces for that fiscal year or the tional Wild and Scenic Rivers System, profiling, sexual harassment, and other abuses State has in effect laws that ensure that: (1) which was referred to the House Cal- of official capacity. endar and ordered to be printed. Texas is not the only State that has suffered a person is not convicted of a drug offense from Byrne-funded law enforcement scandals. unless the facts that a drug offense was com- f Scandals in other States have included the mitted and that the person committed that of- fense are supported by evidence other than ANNOUNCEMENT BY THE SPEAKER misuse of millions of dollars in Federal grant PRO TEMPORE money in Kentucky and Massachusetts, false the eyewitness testimony of a law enforce- The SPEAKER pro tempore. Pursu- convictions based upon police perjury in Mis- ment officer or individuals acting on an offi- ant to clause 8 of rule XX, proceedings souri, and making deals with drug offenders to cer’s behalf; and (2) an officer does not par- will resume on motions to suspend the drop or lower their charges in exchange for ticipate in a antidrug task force unless that of- rules previously postponed. money or vehicles in Alabama, Arkansas, ficer’s honesty and integrity is evaluated and Votes will be taken in the following Massachusetts, New York, Ohio, and Wis- found to be at an appropriately high level. Second, H.R. 253, No More Tulias, requires order: consin. A 2001 study by the Government Ac- that states receiving Federal funds under the H. Res. 1067, by the yeas and nays; countability Office found that the Federal Gov- No More Tulias Act to collect data on the ra- H. Res. 1080, by the yeas and nays; ernment fails to adequately monitor the grant cial distribution of drug charges, the nature of H. Con. Res. 297, by the yeas and program and hold grantees accountable. the criminal law specified in the charges, and nays. AMENDMENT CONSIDERED BUT NOT OFFERED the jurisdictions in which such charges are The first electronic vote will be con- Because of these abuses, I would have of- made. I urge my colleagues to support my No ducted as a 15-minute vote. Remaining fered an amendment when this bill was con- More Tulias Act so that we can quickly bring electronic votes will be conducted as 5- sidered at the Full Judiciary Committee mark- the bill to markup. minute votes. up. My amendment would have addressed the I also urge my colleagues to support Byrne– responsible use of Byrne–JAG monies. Spe- JAG. f cifically, my amendment would have required Mr. CHABOT. Mr. Speaker, I have no RECOGNIZING THE 50TH ANNIVER- that a State that receives Byrne–JAG money further requests for time, and I yield SARY OF THE CROSSING OF THE should collect data for the most recent year for back the balance of my time. NORTH POLE BY THE USS ‘‘NAU- which such funds were allocated to such Mr. SCHIFF. Mr. Speaker, I join my TILUS’’ State, with respect to: colleague in urging passage of the leg- (1) The racial distribution of criminal charges islation. The SPEAKER pro tempore. The un- made during that year; Mr. Speaker, I have no further re- finished business is the vote on the mo- (2) the nature of the criminal law specified quests for time, and I yield back the tion to suspend the rules and agree to in the charges made; and balance of my time. the resolution, H. Res. 1067, on which (3) the city of law enforcement jurisdiction in The SPEAKER pro tempore. The the yeas and nays were ordered. which the charges were made. question is on the motion offered by The Clerk read the title of the resolu- My amendment would have required a con- the gentleman from California (Mr. tion. dition of receiving funds that the State should SCHIFF) that the House suspend the The SPEAKER pro tempore. The submit to the Attorney General the data col- rules and pass the Senate bill, S. 231. question is on the motion offered by lected by not later than one year after the date The question was taken; and (two- the gentleman from Connecticut (Mr. the State received funds. Lastly, the report thirds being in the affirmative) the COURTNEY) that the House suspend the

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A14JY7.077 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6447 rules and agree to the resolution, H. Peterson (MN) Sa´ nchez, Linda Sutton The vote was taken by electronic de- Res. 1067. Peterson (PA) T. Tanner vice, and there were—yeas 378, nays 0, Petri Sanchez, Loretta Tauscher The vote was taken by electronic de- Pickering Sarbanes Terry not voting 56, as follows: Scalise Thompson (CA) vice, and there were—yeas 375, nays 0, Pitts [Roll No. 487] not voting 59, as follows: Poe Schakowsky Thompson (MS) Pomeroy Schiff Thornberry YEAS—378 [Roll No. 486] Porter Schmidt Tiahrt Abercrombie Dent King (IA) Price (GA) Schwartz Tierney YEAS—375 Ackerman Diaz-Balart, L. King (NY) Price (NC) Scott (GA) Tsongas Abercrombie Delahunt Keller Aderholt Diaz-Balart, M. Kingston Putnam Sensenbrenner Turner Ackerman DeLauro Kennedy Serrano Upton Akin Dicks Kirk Aderholt Dent Kildee Rahall Alexander Dingell Klein (FL) Ramstad Sessions Van Hollen Akin Diaz-Balart, L. King (IA) ´ Allen Doggett Kline (MN) Rangel Sestak Velazquez Alexander Diaz-Balart, M. King (NY) Shadegg Visclosky Altmire Donnelly Knollenberg Allen Dicks Kingston Regula Arcuri Doyle Kucinich Rehberg Shea-Porter Walberg Altmire Dingell Kirk Sherman Walden (OR) Baca Drake Kuhl (NY) Reichert Arcuri Doggett Klein (FL) Shimkus Walsh (NY) Bachus Dreier LaHood Renzi Baca Donnelly Kline (MN) Shuler Walz (MN) Baird Duncan Lamborn Reyes Bachus Doyle Knollenberg Shuster Wamp Baldwin Edwards (MD) Lampson Reynolds Baird Drake Kucinich Simpson Waters Barrett (SC) Edwards (TX) Langevin Richardson Baldwin Dreier Kuhl (NY) Skelton Watson Bartlett (MD) Ehlers Larsen (WA) Barrett (SC) Duncan LaHood Rodriguez Slaughter Watt Barton (TX) Ellsworth Larson (CT) Bartlett (MD) Edwards (MD) Lamborn Rogers (AL) Smith (NE) Waxman Bean Emanuel Latham Barton (TX) Edwards (TX) Lampson Rogers (KY) Smith (NJ) Weiner Becerra Emerson Latta Bean Ehlers Langevin Rogers (MI) Smith (TX) Weldon (FL) Berkley Engel Lee Becerra Ellsworth Larsen (WA) Ros-Lehtinen Smith (WA) Westmoreland Berman English (PA) Levin Berkley Emanuel Larson (CT) Roskam Snyder Wexler Berry Eshoo Lewis (CA) Berman Emerson Latham Ross Solis Whitfield (KY) Biggert Etheridge Lewis (KY) Berry Engel Latta Rothman Souder Wilson (OH) Bilbray Everett Linder Biggert English (PA) Lee Roybal-Allard Space Wilson (SC) Bilirakis Fallin LoBiondo Bilbray Eshoo Levin Royce Speier Wittman (VA) Bishop (GA) Farr Loebsack Bilirakis Etheridge Lewis (CA) Ruppersberger Spratt Wolf Bishop (NY) Fattah Lofgren, Zoe Bishop (GA) Everett Lewis (KY) Ryan (OH) Stark Wu Bishop (UT) Feeney Lowey Bishop (NY) Fallin Linder Ryan (WI) Stearns Yarmuth Blackburn Ferguson Lucas Bishop (UT) Farr LoBiondo Salazar Stupak Young (AK) Blumenauer Filner Lungren, Daniel Blackburn Fattah Loebsack Sali Sullivan Young (FL) Blunt Flake E. Blumenauer Feeney Lofgren, Zoe Boehner Forbes Lynch Blunt Ferguson Lowey NOT VOTING—59 Bono Mack Fortenberry Mack Boehner Boozman Filner Lucas Andrews Green, Al Pryce (OH) Foster Mahoney (FL) Bono Mack Boren Flake Lungren, Daniel Bachmann Grijalva Radanovich Foxx Manzullo Boozman Boucher Forbes E. Barrow Gutierrez Rohrabacher Frank (MA) Marchant Boren Boustany Fortenberry Lynch Bonner Hulshof Rush Franks (AZ) Markey Boucher Boyd (FL) Foster Mack Boswell Jefferson Saxton Frelinghuysen Marshall Boustany Boyda (KS) Foxx Mahoney (FL) Braley (IA) Johnson (IL) Scott (VA) Gallegly Matheson Boyd (FL) Brady (PA) Frank (MA) Manzullo Broun (GA) Jones (OH) Shays Garrett (NJ) Matsui Boyda (KS) Brady (TX) Frelinghuysen Marchant Brown, Corrine Kilpatrick Sires Gerlach McCarthy (CA) Brady (PA) Brown (SC) Gallegly Markey Costa Kind Tancredo Giffords McCarthy (NY) Brady (TX) Brown-Waite, Garrett (NJ) Marshall Costello LaTourette Taylor Gilchrest McCaul (TX) Brown (SC) Ginny Gerlach Matheson Cramer Lewis (GA) Tiberi Gillibrand McCollum (MN) Brown-Waite, Buchanan Giffords Matsui Cubin Lipinski Towns Gingrey McCotter Ginny Burgess Gilchrest McCarthy (CA) Davis (CA) Maloney (NY) Udall (CO) Gohmert McCrery Buchanan Burton (IN) Gillibrand McCarthy (NY) Davis, Tom Miller, George Udall (NM) Gonzalez McDermott Burgess Butterfield Gingrey McCaul (TX) Doolittle Moore (KS) Wasserman Goode McGovern Burton (IN) Buyer Gohmert McCollum (MN) Ellison Moran (VA) Schultz Goodlatte McHenry Butterfield Calvert Gonzalez McCotter Fossella Murtha Welch (VT) Gordon McHugh Buyer Camp (MI) Goode McCrery Franks (AZ) Neal (MA) Weller Green, Gene McIntyre Calvert Campbell (CA) Goodlatte McDermott Granger Pearce Wilson (NM) Grijalva McKeon Camp (MI) Cannon Gordon McGovern Graves Platts Woolsey Hall (NY) McMorris Campbell (CA) Green, Gene McHenry Cantor Hall (TX) Rodgers Cannon Hall (NY) McHugh Capito Hare McNerney Cantor Hall (TX) McIntyre b 1859 Capps Harman McNulty Capito Hare McKeon Mr. GARRETT of New Jersey Capuano Hastings (FL) Meek (FL) Capps Harman McMorris Cardoza Hastings (WA) Meeks (NY) Capuano Hastings (FL) Rodgers changed his vote from ‘‘nay’’ to ‘‘yea.’’ Carnahan Hayes Melancon Cardoza Hastings (WA) McNerney So (two-thirds being in the affirma- Carney Heller Mica Carnahan Hayes McNulty tive) the rules were suspended and the Carson Hensarling Michaud Carney Heller Meek (FL) resolution was agreed to. Carter Herger Miller (FL) Carson Hensarling Meeks (NY) Castle Herseth Sandlin Miller (MI) Carter Herger Melancon The result of the vote was announced Castor Higgins Miller (NC) Castle Herseth Sandlin Mica as above recorded. Cazayoux Hill Miller, Gary Castor Higgins Michaud A motion to reconsider was laid on Chabot Hinchey Mitchell Cazayoux Hill Miller (FL) Chandler Hinojosa Mollohan Chabot Hinchey Miller (MI) the table. Childers Hobson Moore (KS) Chandler Hinojosa Miller (NC) Clarke Hodes Moore (WI) Childers Hirono Miller, Gary f Clay Hoekstra Moran (KS) Clarke Hobson Mitchell Cleaver Holden Murphy (CT) Clay Hodes Mollohan HONORING THE SERVICE AND SAC- Clyburn Holt Murphy, Patrick Cleaver Hoekstra Moore (WI) RIFICE OF THE 101ST AIRBORNE Coble Honda Murphy, Tim Clyburn Holden Moran (KS) DIVISION Cohen Hooley Musgrave Coble Holt Murphy (CT) Cole (OK) Hoyer Myrick Cohen Honda Murphy, Patrick The SPEAKER pro tempore. The un- Conaway Hunter Nadler Cole (OK) Hooley Murphy, Tim finished business is the vote on the mo- Conyers Inglis (SC) Napolitano Conaway Hoyer Musgrave Cooper Inslee Neugebauer Conyers Hunter Myrick tion to suspend the rules and agree to Courtney Israel Nunes Cooper Inglis (SC) Nadler the resolution, H. Res. 1080, as amend- Crenshaw Issa Oberstar Courtney Inslee Napolitano ed, on which the yeas and nays were or- Crowley Jackson (IL) Obey Crenshaw Israel Neugebauer dered. Cuellar Jackson-Lee Olver Crowley Issa Nunes Culberson (TX) Ortiz Cuellar Jackson (IL) Oberstar The Clerk read the title of the resolu- Cummings Johnson (GA) Pallone Culberson Jackson-Lee Obey tion. Davis (AL) Johnson, E. B. Pascrell Cummings (TX) Olver The SPEAKER pro tempore. The Davis (IL) Johnson, Sam Pastor Davis (AL) Johnson (GA) Ortiz Davis (KY) Jones (NC) Paul Davis (IL) Johnson, E. B. Pallone question is on the motion offered by Davis, David Jordan Payne Davis (KY) Johnson, Sam Pascrell the gentleman from Connecticut (Mr. Davis, Lincoln Kagen Pence Davis, David Jones (NC) Pastor COURTNEY) that the House suspend the Deal (GA) Kanjorski Perlmutter Davis, Lincoln Jordan Paul rules and agree to the resolution, H. DeFazio Kaptur Peterson (MN) Deal (GA) Kagen Payne DeGette Keller Peterson (PA) DeFazio Kanjorski Pence Res. 1080, as amended. Delahunt Kennedy Petri DeGette Kaptur Perlmutter This will be a 5-minute vote. DeLauro Kildee Pickering

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.071 H14JYPT1 erowe on PROD1PC71 with HOUSE H6448 CONGRESSIONAL RECORD — HOUSE July 14, 2008 Pitts Scalise Thompson (CA) COURTNEY) that the House suspend the Obey Ruppersberger Sullivan Poe Schakowsky Thompson (MS) rules and agree to the concurrent reso- Olver Ryan (OH) Sutton Pomeroy Schiff Thornberry Ortiz Ryan (WI) Tanner Porter Schmidt Tiahrt lution, H. Con. Res. 297, as amended. Pallone Salazar Tauscher Price (GA) Schwartz Tierney This will be a 5-minute vote. Pascrell Sali Terry ´ Price (NC) Scott (GA) Tsongas The vote was taken by electronic de- Pastor Sanchez, Linda Thompson (CA) Putnam Sensenbrenner Turner Paul T. Thompson (MS) Rahall Serrano Upton vice, and there were—yeas 378, nays 0, Payne Sanchez, Loretta Thornberry Ramstad Sessions Van Hollen not voting 56, as follows: Pence Sarbanes Tiahrt Rangel Sestak ´ Perlmutter Scalise Velazquez [Roll No. 488] Tierney Regula Shadegg Visclosky Peterson (MN) Schakowsky Tsongas Rehberg Shea-Porter Walberg YEAS—378 Peterson (PA) Schiff Turner Reichert Sherman Petri Schmidt Walden (OR) Abercrombie DeFazio Johnson, E. B. Upton Renzi Shimkus Walsh (NY) Pickering Schwartz Van Hollen Reyes Shuler Ackerman DeGette Johnson, Sam Walz (MN) Pitts Scott (GA) Vela´ zquez Reynolds Shuster Aderholt Delahunt Jones (NC) Poe Sensenbrenner Wamp Visclosky Richardson Simpson Akin DeLauro Jordan Pomeroy Serrano Waters Walberg Rodriguez Skelton Alexander Dent Kagen Porter Sessions Watson Walden (OR) Rogers (AL) Slaughter Allen Diaz-Balart, L. Kanjorski Price (GA) Sestak Watt Walsh (NY) Rogers (KY) Smith (NE) Altmire Diaz-Balart, M. Kaptur Price (NC) Shadegg Waxman Walz (MN) Rogers (MI) Smith (NJ) Arcuri Dicks Keller Putnam Shea-Porter Ros-Lehtinen Smith (TX) Weiner Baca Dingell Kennedy Rahall Sherman Wamp Roskam Smith (WA) Welch (VT) Bachus Doggett Kildee Ramstad Shimkus Waters Ross Snyder Weldon (FL) Baird Donnelly King (IA) Rangel Shuler Watson Rothman Solis Westmoreland Baldwin Doyle King (NY) Regula Shuster Watt Roybal-Allard Souder Wexler Barrett (SC) Drake Kingston Rehberg Simpson Waxman Royce Space Whitfield (KY) Bartlett (MD) Dreier Kirk Reichert Skelton Weiner Ruppersberger Spratt Wilson (OH) Barton (TX) Duncan Klein (FL) Renzi Slaughter Welch (VT) Ryan (OH) Stark Wilson (SC) Bean Edwards (MD) Kline (MN) Reyes Smith (NE) Weldon (FL) Ryan (WI) Stearns Wittman (VA) Becerra Edwards (TX) Knollenberg Reynolds Smith (NJ) Westmoreland Salazar Stupak Wolf Berkley Ehlers Kucinich Richardson Smith (TX) Wexler Sali Sullivan Woolsey Berman Ellsworth Kuhl (NY) Rodriguez Smith (WA) Whitfield (KY) Sa´ nchez, Linda Sutton Wu Berry Emanuel LaHood Rogers (AL) Snyder Wilson (OH) T. Tanner Yarmuth Biggert Emerson Lamborn Rogers (KY) Solis Wilson (SC) Sanchez, Loretta Tauscher Young (AK) Bilbray Engel Lampson Rogers (MI) Souder Wittman (VA) Sarbanes Terry Young (FL) Bilirakis English (PA) Langevin Ros-Lehtinen Space Wolf Bishop (GA) Eshoo Larsen (WA) Roskam Speier Woolsey NOT VOTING—56 Bishop (NY) Etheridge Larson (CT) Ross Spratt Wu Bishop (UT) Andrews Green, Al Pryce (OH) Everett Latham Rothman Stark Yarmuth Blackburn Bachmann Gutierrez Radanovich Fallin Latta Roybal-Allard Stearns Young (AK) Blumenauer Barrow Hirono Rohrabacher Farr Lee Royce Stupak Young (FL) Blunt Bonner Hulshof Rush Fattah Levin Boehner Boswell Jefferson Saxton Feeney Lewis (CA) NOT VOTING—56 Bono Mack Braley (IA) Johnson (IL) Scott (VA) Ferguson Lewis (KY) Andrews Graves Platts Boozman Broun (GA) Jones (OH) Shays Filner Linder Bachmann Green, Al Pryce (OH) Boren Brown, Corrine Kilpatrick Sires Flake LoBiondo Barrow Gutierrez Radanovich Boucher Costa Kind Speier Forbes Loebsack Bonner Hulshof Rohrabacher Boustany Costello LaTourette Tancredo Fortenberry Lofgren, Zoe Boswell Jefferson Rush Boyd (FL) Cramer Lewis (GA) Taylor Foster Lowey Braley (IA) Johnson (IL) Saxton Boyda (KS) Cubin Lipinski Tiberi Foxx Lucas Broun (GA) Jones (OH) Scott (VA) Brady (PA) Davis (CA) Maloney (NY) Towns Frank (MA) Lungren, Daniel Brown, Corrine Kilpatrick Shays Brady (TX) Davis, Tom Miller, George Udall (CO) Franks (AZ) E. Carter Kind Sires Brown (SC) Doolittle Moran (VA) Udall (NM) Frelinghuysen Lynch Costa LaTourette Tancredo Brown-Waite, Ellison Murtha Wasserman Gallegly Mack Costello Lewis (GA) Taylor Ginny Fossella Neal (MA) Schultz Garrett (NJ) Mahoney (FL) Cramer Lipinski Tiberi Buchanan Granger Pearce Weller Gerlach Marchant Cubin Maloney (NY) Towns Burgess Graves Platts Wilson (NM) Giffords Markey Davis (CA) Manzullo Udall (CO) Burton (IN) Gilchrest Marshall Davis, Tom Miller, George Udall (NM) Butterfield ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Gillibrand Matheson Doolittle Moran (VA) Wasserman Buyer Gingrey Matsui Ellison Murtha Schultz The SPEAKER pro tempore (during Calvert Gohmert McCarthy (CA) Fossella Neal (MA) Weller the vote). There are 2 minutes remain- Camp (MI) Gonzalez McCarthy (NY) Granger Pearce Wilson (NM) ing in this vote. Campbell (CA) Goode McCaul (TX) Cannon Goodlatte McCollum (MN) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE b 1906 Cantor Gordon McCotter Capito Green, Gene McCrery The SPEAKER pro tempore (during So (two-thirds being in the affirma- Capps Grijalva McDermott the vote). There are 2 minutes remain- tive) the rules were suspended and the Capuano Hall (NY) McGovern ing in this vote. resolution, as amended, was agreed to. Cardoza Hall (TX) McHenry The result of the vote was announced Carnahan Hare McHugh b 1914 Carney Harman McIntyre as above recorded. Carson Hastings (FL) McKeon So (two-thirds being in the affirma- A motion to reconsider was laid on Castle Hastings (WA) McMorris tive) the rules were suspended and the the table. Castor Hayes Rodgers concurrent resolution, as amended, was Cazayoux Heller McNerney Stated for: Chabot Hensarling McNulty agreed to. Ms. HIRONO. Mr. Speaker, on rollcall No. Chandler Herger Meek (FL) The result of the vote was announced 487, had I been present, I would have voted Childers Herseth Sandlin Meeks (NY) as above recorded. Clarke Higgins Melancon The title was amended so as to read: ‘‘yea.’’ Clay Hill Mica f Cleaver Hinchey Michaud ‘‘Concurrent resolution recognizing the Clyburn Hinojosa Miller (FL) 60th anniversary of the beginning of RECOGNIZING THE 60TH ANNIVER- Coble Hirono Miller (MI) the integration of the Armed Forces’’. SARY OF THE INTEGRATION OF Cohen Hobson Miller (NC) A motion to reconsider was laid on THE ARMED FORCES Cole (OK) Hodes Miller, Gary Conaway Hoekstra Mitchell the table. The SPEAKER pro tempore. The un- Conyers Holden Mollohan f finished business is the vote on the mo- Cooper Holt Moore (KS) Courtney Honda Moore (WI) PERSONAL EXPLANATION tion to suspend the rules and agree to Crenshaw Hooley Moran (KS) the concurrent resolution, H. Con. Res. Crowley Hoyer Murphy (CT) Ms. KILPATRICK. Mr. Speaker, due to per- 297, as amended, on which the yeas and Cuellar Hunter Murphy, Patrick sonal reasons, I was unable to attend several Culberson Inglis (SC) Murphy, Tim nays were ordered. Cummings Inslee Musgrave votes today. Had I been present, I would have The Clerk read the title of the con- Davis (AL) Israel Myrick voted ‘‘yea’’ on H. Res. 1067—Recognizing current resolution. Davis (IL) Issa Nadler the 50th anniversary of the crossing of the The SPEAKER pro tempore. The Davis (KY) Jackson (IL) Napolitano North Pole by the USS Nautilus, SSN 571, Davis, David Jackson-Lee Neugebauer question is on the motion offered by Davis, Lincoln (TX) Nunes and its significance in the history of both our the gentleman from Connecticut (Mr. Deal (GA) Johnson (GA) Oberstar Nation and the world; ‘‘yea’’ on H. Res 1080—

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4634 Sfmt 9920 E:\CR\FM\A14JY7.037 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6449 Honoring the extraordinary service and excep- the House for 1 minute and to revise In 2004, Congressman RAHM EMANUEL tional sacrifice of the 101st Airborne Division and extend her remarks.) and I introduced legislation calling for (Air Assault), known as the Screaming Eagles; Ms. JACKSON-LEE of Texas. Mr. an exhibit in the Capitol Rotunda to and ‘‘yea’’ on H. Con. Res. 297—Recognizing Speaker, I rise today, as I indicated honor U.S. servicemembers who have the 60th anniversary of the integration of the earlier in the afternoon, H. Con. Res. died in Iraq and Afghanistan. Our legis- United States Armed Forces. 381 was being debated and that is the lation was never considered. Instead, f honoring and recognizing the dedica- House Speaker Dennis Hastert directed tion and achievements of Thurgood PERSONAL EXPLANATION the construction of a memorial listing Marshall on the 100th anniversary of names of the fallen in the foyer of the Mr. SHAYS. Mr. Speaker, on July 14, 2008, his birth. Let me thank Congressman Rayburn House Office Building. I missed 3 recorded votes. PAYNE for his legislative initiative, the Because we believed more should be I take my voting responsibility very seri- House Judiciary Committee Chairman done to honor the lives of our fallen ously. Had I been present, I would have voted JOHN CONYERS and Ranking Member servicemembers, I, along with other ‘‘yea’’ on recorded vote No. 486, ‘‘yea’’ on re- Mr. LAMAR SMITH. Members of Congress, began to display corded vote 487, and ‘‘yea’’ on recorded vote I stand here today as a living exam- more proper memorials outside our in- 488. ple of the legacy and the leadership of dividual offices. f Justice Thurgood Marshall. Who would Hundreds of visitors from my district PERSONAL EXPLANATION have thought as he broke the color line and others have stopped to view the in Brown versus Topeka Board of Edu- faces of fallen Marines from Camp Mrs. JONES of Ohio. Mr. Speaker, on Mon- cation that he would have opened the day, July 14, 2008, I missed recorded votes. Lejeune displayed outside my door. It doors of opportunity for those from the is seeing the faces of these Marines, the Had I been present, the RECORD would reflect East to the West and from the North to the following votes: fathers, the mothers, the sisters, the the South? brothers, the sons and the daughters 1) H. Res. 1067—Recognizing the 50th an- Most people don’t know that America niversary of the crossing of the North Pole by that deeply impact these visitors. during the 1950s and earlier than that Since the media has reported the at- the USS Nautilus (SSN 571) and its signifi- continued to be a segregated America. cance in the history of both our Nation and the tempt to remove the Faces of the Fall- It did not matter where you lived. en memorial displayed outside my of- world, ‘‘yes.’’ Thurgood Marshall had the courage to 2) H. Res. 1080—Honoring the extraor- fice, I have heard from constituents take this case to the United States Su- dinary service and exceptional sacrifice of the and people across the country who be- preme Court. And the Warren court 101st Airborne Division (Air Assault), known lieve these memorials should remain had the courage and rightness of mind as the Screaming Eagles, ‘‘yes.’’ on display. 3) H. Con Res. 297—Recognizing the 60th to be able to establish an equal edu- An article published yesterday in the anniversary of the integration of the United cation for all. Jacksonville Daily News distributed in I applaud Thurgood Marshall who States Armed Forces, ‘‘yes.’’ the area surrounding Camp Lejeune was appointed to the Court of Appeals quoted two women who understand f by President John F. Kennedy and ulti- what it means to lose a loved one who DEMOCRAT MAJORITY IS HOLDING mately the first African American to has served our Nation. AMERICA HOSTAGE sit on the United States Supreme Mr. Speaker, I would like to submit Court. He was one who understood jus- (Ms. GINNY BROWN-WAITE of Flor- the article for the RECORD. ida asked and was given permission to tice. He was one who recognized the The article quotes Deborah May, a address the House for 1 minute and to equality of all people. He was one who woman whose husband was killed in revise and extend her remarks.) recognized that America is better when Iraq in 2003. She told the Jacksonville Ms. GINNY BROWN-WAITE of Flor- it reflects and appreciates its diversity. Daily News that she has walked Thank you, Justice Marshall, for the ida. Mr. Speaker, in the 1970s our Na- through the hallways of the House of- freedom and the opportunity you have tion was held hostage by OPEC start- fice buildings and she supports the me- given even to me. ing an oil embargo that drove up gaso- morials on display. And I quote Mrs. line prices and damaged the American f May: ‘‘When I go, I take my small chil- economy. Today it’s not OPEC holding SPECIAL ORDERS dren with me. The very least they us hostage but rather the Democratic could do is put a picture there to show majority that refuses to expand domes- The SPEAKER pro tempore (Mr. COHEN). Under the Speaker’s an- my children that my husband is re- tic energy production. membered and that this is what our My constituents are hurting, $4.10 a nounced policy of January 18, 2007, and government is about and our country gallon of gasoline for regular, smaller under a previous order of the House, and the freedoms we have.’’ boxes of cereal, diesel prices are the following Members will be recog- The article also quotes Vivianne through the roof hurting those truck- nized for 5 minutes each. Wersel, the president of the Surviving ers and higher prices for air condi- f Spouses Support Group at Camp tioning bills. All of these increased FACES OF THE FALLEN Lejeune, who said that the memorial is costs shrink the wallets of working MEMORIAL as much as an icon as the American Americans and hurt even more the sen- flag. And I quote her: ‘‘These iors on fixed incomes. The SPEAKER pro tempore. Under a When will this majority wake up and previous order of the House, the gen- servicemembers have given their lives realize that 73 percent of America ap- tleman from North Carolina (Mr. for a conflict and something they be- proves of drilling? When will the ma- JONES) is recognized for 5 minutes. lieved in. I think that it is a reminder jority admit that their energy policy Mr. JONES of North Carolina. Mr. for those that are visiting Congress and will do nothing at all to lower prices at Speaker, last week, I received a notice that is what America is all about. They the pump? from the Chief Administrative Officer can walk the halls of Congress because Mr. Speaker, ideas to raise the gas and the Architect of the Capitol direct- of these young men that have given tax 50 cents when we are in the midst ing me to remove a memorial located them the freedom to speak and the of a national gasoline crisis are a bad outside of my office that honors fallen freedom to live.’’ joke pushed on the American public. Marines from Camp Lejeune, North Last week, I wrote a letter to Speak- We need to support our constituents Carolina. The notice stated that the er NANCY PELOSI to explain the history and support drilling. Faces of the Fallen memorial does not behind these memorials and to ask her support in preserving their display. I f comply with the new hallway policy of the House. know she understands the importance HONORING THURGOOD MARSHALL However, memorials to honor the of honoring the servicemembers who ON THE 100TH ANNIVERSARY OF lives of those killed in Iraq and Af- have sacrificed for our Nation. And I HIS BIRTH ghanistan are respectfully displayed thank her for honoring my request that (Ms. JACKSON-LEE of Texas asked and should not fall under the Hallway the House observe a moment of silence and was given permission to address Policy’s jurisdiction. each month to remember those killed

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A14JY7.040 H14JYPT1 erowe on PROD1PC71 with HOUSE H6450 CONGRESSIONAL RECORD — HOUSE July 14, 2008 or wounded in Iraq and Afghanistan. I it’s never impeded anyone from getting blessing that he blesses you with than hope that Speaker PELOSI will agree through the hall.’’ that to have a friend, a friend for life. with many of us in Congress and people Deborah May, whose husband Staff Sgt. And that is what Warren G. Davis across this Nation that these memo- Donald C. May Jr. was killed March 25, 2003 meant to me and our friendship. during Operation Iraqi Freedom, said she’s rials should remain on display. walked the hallways in the House of Rep- Warren G. Davis comes out of Texas. And before closing, Mr. Speaker, I resentatives office buildings. He was born out of Refugio, Texas, want to show a picture of a child whose ‘‘You could have a wheelchair race down near Victoria and near Corpus Christi, father died in Iraq for this country. those halls, because they’re very wide,’’ she a man of God from the very beginning. This is a picture of Tyler Jordan whose said. Warren Davis was a loving husband to father, Phillip Jordan, was a gunnery She wants the memorial display to remain. his wife of over 38 years, Linda. He was sergeant with the United States Ma- ‘‘When I go, I take my small children with a loving father to his two sons, Brad rine Corps. And this young man is re- me. The very least they could do is put a pic- and Warren Junior. He was a loving ceiving the flag on his father’s grave on ture there to show my children that my hus- band is remembered and that this is what brother to Fred Davis and his cousin his coffin. Four years ago, I had this our government is about and our country Harold Martin. And of course his moth- picture sent to me so I could blow it and the freedoms we have.’’ May said, tear- er, his father and his entire beloved up. And I want to say this to Tyler Jor- ing up. family mourns this hour. dan: Your daddy, Phillip Jordan, is on The memorial has been displayed outside But let me just say, Mr. Speaker, this poster. He was killed along with of Jones’ various office locations for the past that not only his family mourns, his others in the year 2003. five years and several years ago an initial at- immediate family, for this young man A name means a lot to those who are tempt to remove them was made, he said. touched many lives. In his community not here any longer. But nothing ‘‘Those that write the rules just don’t have of South Lake, Texas, he played such the respect for those who have given their means more than for a child to come to life for their country,’’ Jones said. an important role as a community Washington and to see his father’s face ‘‘As far as I’m concerned this is disrespect- leader, for Warren not only gave to his outside a congressional office. ful to those who have given their lives in Af- family, but he gave to his extended So again I have great respect for ghanistan and Iraq.’’ family and his entire community. He Speaker PELOSI. And I hope she will Jones believes Pelosi will make an excep- served on the school board of South agree with us that these posters should tion for the memorial. Lake from 1993 to 1996. He was a mem- remain outside the Members of Con- ‘‘When we’re having men and women dying ber of the Red Creek Community Asso- gress’ office. every day and every week in Afghanistan ciation. As a matter of fact, he served and in Iraq—my God, the least that we can And with that, Mr. Speaker, I ask as its president. He was also a member God to please bless our men and women do is have people walk by and see the face of one that never came back home,’’ Jones said. of the very elite community group in uniform and to please bless the fami- ‘‘I think Ms. Pelosi will understand.’’ called the Dragons Council. It was no lies of our men and women in uniform. Jones sent a letter to Pelosi on Wednesday ordinary group, for this is an elite fan- And I ask God to please bless America regarding the matter. based booster group for the young peo- and help us to see the way to always It has been suggested to Jones that a list- ple in that community and supported remember those who died for this coun- ing of the names of the fallen be placed in an the South Lake teams. try and not forget them. entrance foyer, but he believes that to be in- To show you a measure of his com- God bless America. sufficient, he said in the letter to Pelosi. mitment, over the many years Warren Jones said, regardless of her decision, he [From the Jacksonville Daily News, July 13, plans to stand his ground in the situation. G. Davis never missed a single game. 2008] ‘‘We’re not going to let this be an issue, He gave so much of his life to this com- JONES STANDS GROUND ON LEJEUNE were going to do what’s right,’’ Jones said. munity. MEMORIAL IN HALL OUTSIDE OFFICE ‘‘I told them they’ll have to remove me with Warren Davis and I go back from the (By Molly Dewitt) the posters.’’ very beginning of our college careers. A memorial honoring Camp Lejeune’s fall- Vivianne Wersel, the president of the Sur- He has been a friend for over 45 years en service members may have to come down. viving Spouses Support Group at Camp to me, Mr. Speaker, for in 1963 we both A ‘‘Hallway Policy’’ approved by Nancy Lejeune, said the memorial is as much an went to Florida A&M University where Pelosi, house speaker and chair of the House icon as the American flag. Office Building Commission, limits the dis- ‘‘These service members have given their this young man was also my college play and placement of items in hallways of lives for a conflict and something that they roommate for 4 years. We pledged fra- the House of Representatives office build- believe in,’’ she said. ‘‘I think that it is a re- ternity together, the Alpha Phi Alpha ings. That includes a display erected by Rep- minder for those that are visiting Congress Fraternity; oh, did he love Alpha Phi resentative Walter B. Jones (R–NC) outside and that is what America is all about. Alpha, and we pledged the Beta Nu his office. Whether my husband’s picture is in it or not, Chapter. We affectionately referred to Jones’s Faces of the Fallen memorial con- it plays a role to remind those that walk the ourselves as the 12 disciples. But War- sists of several easels displaying 3-by-l post- hall of Congress. They can walk the halls of ren Davis was the enforcer of our ers bearing the names and faces of Marines Congress because of these young men that from Camp Lejeune who died while serving have given them the freedom to speak and group. He was the glue that kept us to- in Operation Iraqi Freedom and Operation the freedom to live.’’ gether. He learned very early to work Enduring Freedom. with different people. He not only was The policy specifically prohibits easels f there as a fraternity person, but also from being placed in a hallway. b 1930 worked early in the student movement ‘‘We’re not talking about posters. We’re when we had the task of integrating not talking about things in the hall,’’ Jones HONORING THE MEMORY OF many of the public facilities in Talla- said. ‘‘We’re talking about men and women WARREN G. DAVIS that died for this country. hassee, Florida, as we matriculated The hallway policy, instituted on April 17, The SPEAKER pro tempore. Under a through Florida A&M University. was ‘‘developed to improve House compli- previous order of the House, the gen- When he left Florida A&M, he started ance with the requirements of the Americans tleman from Georgia (Mr. SCOTT) is a very distinguished career in the com- with Disabilities Act and the Occupational recognized for 5 minutes. puter field as one of the foremost Afri- Safety and Health Act as applied to Congress Mr. SCOTT of Georgia. Mr. Speaker, can-American executives with the IBM by the Congressional Accountability Act, I rise on this occasion to first of all say and the Life Safety Code,’’ according to the corporation, working as an executive policy. how much I appreciate this oppor- in the management and the market ‘‘This is just typical bureaucratic malar- tunity to address my colleagues and and the accounting areas, and paving key,’’ Jones said. the Nation and to talk for just a few the way for other African Americans to No one has ever complained about loss of moments on a good and decent person, be able to follow in his footsteps. hallway accessibility due to the memorial, a great American. His name is Warren Mr. Speaker, this is a great American Jones said. G. Davis. and one who was humble and humbled ‘‘I’ve never had anybody come in and tell me that they had trouble getting through Warren G. Davis passed away a few himself before God and understood not the hall,’’ he said. days ago. He was more than just an or- only who he was but whose he was. ‘‘I’ve seen people with wheelchairs, I’ve dinary person. God blesses us with And so I just want to rise this after- seen a large number of people walk by and many blessings. But there is no greater noon to say these few words about my

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.078 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6451 great friend, my good friend, Warren which later became the major compo- The American people have cherished Davis. Let me just say in conclusion, nent in the heart-lung machine that is and fought for that sovereignty for 232 Mr. Speaker, that Warren Davis fought used in open heart surgery routinely years, so it is only right that we re- the good fight. Warren Davis finished today. It was truly a visionary change. spect the sovereignty of other nations. his course, and Warren Davis kept the His service and subsequent work in Last week, Iraq’s Prime Minister al- faith. And henceforth there is put up the Surgeon General’s office during Maliki said that the withdrawal of for him a crown of righteousness which World War II led to the development of American troops out of Iraq or a time- the Lord, that righteous judge, has the Mobile Army Surgical Hospital, the table for withdrawal should be part of made available to Warren G. Davis, and so-called MASH unit. Without Dr. the current status-of-forces negotia- so many people both near and far all DeBakey, we wouldn’t have those for- tions between his government and the across the breadth and the scope of ward surgical teams that go into com- United States. He insisted that the America collectively say we thank God bat areas and provide vital care to our basis for any agreement will be respect for sending Warren G. Davis our way. soldiers in that golden hour after in- for the full sovereignty of Iraq. f jury. Mr. Speaker, this House should af- This medical trailblazer also helped firm Iraq’s right to full sovereignty. In HONORING DR. MICHAEL DEBAKEY establish the specialized medical and fact, my colleague, Representative LEE The SPEAKER pro tempore. Under a surgical center system for treating of California, and I have sent a letter previous order of the House, the gen- military personnel returning home to every Member of the House inviting tleman from Texas (Mr. BURGESS) is from war which we know as the Vet- all Members to cosign a letter to Prime recognized for 5 minutes. erans Administration Medical Center. Minister al-Maliki supporting his gov- Mr. BURGESS. Mr. Speaker, I rise But it was at the Methodist Hospital ernment’s sovereign rights. The letter tonight to honor Dr. Michael DeBakey, in Houston where Dr. DeBakey per- reads in part as follows: ‘‘We, the un- the father of modern cardiovascular formed many of his groundbreaking dersigned, Members of the United surgery, and for me a personal hero. surgeries, including the first removal States House of Representatives, write Dr. DeBakey passed away Friday night of a carotid artery blockage. He also to acknowledge and support the sov- in Houston at the age of 99. Michael performed the first coronary artery by- ereign right of the government of Iraq DeBakey, a giant among men and a pass graft, and some of the first heart to insist that any security agreement giant in medicine. His death is a tre- transplants in this country as well. between the United States and Iraq in- He served as adviser to every Presi- mendous loss to the fields of medicine, clude a timetable for the complete re- dent of the United States for the last 50 science, and technology. It is a great deployment of U.S. Armed Forces and years. Think of that, every President loss for humanity at-large. military contractors out of Iraq. Mr. Speaker, there are certain privi- for the last 50 years depended on Dr. The letter goes on to say, Mr. Speak- leges that come with being a servant Michael DeBakey for medical advice. er, ‘‘As elected members of the legisla- here in the people’s House. For me, one Additionally, he has given advice to tive branch of the world’s longest con- of those privileges was meeting Dr. heads of state throughout the world. tinuing democracy, we recognize that DeBakey. After working months to se- During his professional surgical ca- it is the national legislature that is re- cure the Congressional Gold Medal for reer, he performed more than 60,000 sponsible for expressing and exercising the great doctor, I had the chance to cardiovascular procedures, and trained the sovereign rights and powers that sit down with him here in Washington thousands of surgeons who practice the people have entrusted in their gov- in April right after it was awarded to around the world today. Today, his ernment. him. For 30 minutes, we were able to name is affixed to any number of orga- ‘‘It is for the free people of Iraq, act- discuss his personal and professional nizations, centers of learning, and ing through their elected representa- experiences over his 60 years in medi- projects devoted to medical education tives in the Iraq parliament, to decide cine. It was a once-in-a-lifetime oppor- and health education for the general for themselves the terms and condi- tunity for which I am eternally grate- public. This includes the National Li- tions under which they will agree to ful. brary of Medicine, which is now the He talked about how Congress had world’s largest and most prestigious re- the continuing presence of the U.S. been responsible for the advancement pository of medical archives. The col- Armed Forces and military contractors of medical science in this country, how lections there house resources that ac- in their country. And it is for the Con- Congress had led the way with funding tually I look at several times a week as gress of the United States to approve for the National Institutes of Health. I prepare for committee hearings. the terms and conditions of any secu- He talked about his experiences going Dr. DeBakey’s contributions to medi- rity agreement that commits the over and treating Boris Yeltsin in the cine, his breakthrough surgeries, and United States to the defense of Iraq.’’ Soviet Union when he was suffering his innovative devices have completely Mr. Speaker, Prime Minister al- from heart disease, and Dr. DeBakey transformed our view of the human Maliki’s statement for support for found just on the basis purely on phys- body and our view of longevity on this withdrawal timetable could very well ical examine that the individual was planet. The United States, and indeed be the light at the end of the tunnel quite anemic as well, which rendered the world, were fortunate to have this that the American people have long his outlook for cardiovascular surgery medical pioneer for as long as we did. been waiting for. Ending the occupa- much worse. They treated the anemia, Mr. Speaker, it is with great sorrow tion of Iraq, which was never an immi- and the rest, as they say, is history. that I come to the floor tonight, but it nent security threat to the United As a fellow physician, Dr. DeBakey’s is also with great honor that I once States in the first place, would allow work on medical advancements is leg- again share Dr. DeBakey with this au- us to refocus on Afghanistan where the endary. His dedication to healing those gust body. Time Magazine honored him real threat lies. It would end the U.S. around him came not only from his tal- as the Man of the Year several years military occupation in the Middle East ents as a physician, but his ongoing ago. Indeed he was, a man for the ages that has done so much to strengthen commitment to the larger medical and the Man of the Year. Iran’s hand in the region. And it would allow us to redirect tens of billions of community. f His motto, as we heard others men- dollars back home for desperately tion today, was always ‘‘strive for U.S. TROOP DEPLOYMENT needed investments in our economy, nothing less than excellence.’’ The SPEAKER pro tempore. Under a our health care, energy independence, I would be remiss if I did not mention previous order of the House, the gentle- education, child care and so much the education and the entrepreneurial woman from California (Ms. WOOLSEY) more. spirit that made him worthy of one of is recognized for 5 minutes. The President has often said that as the Nation’s highest honors, the Con- Ms. WOOLSEY. Mr. Speaker, just 10 Iraqis stand up, we will stand down. gressional Gold Medal. Let me share days ago we celebrated the 4th of July Prime Minister al-Maliki’s statement some of his accomplishments. because on that day in 1776, we first de- shows that the Iraqis believe they are While in medical school, Dr. clared our Nation’s independence and ready to stand up. Now the ball is in DeBakey developed the roller pump sovereignty. our court. It is time for the President

VerDate Aug 31 2005 05:53 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.080 H14JYPT1 erowe on PROD1PC71 with HOUSE H6452 CONGRESSIONAL RECORD — HOUSE July 14, 2008 to prove he meant what he said because the longer we delay, the more we’re pump, they are counting on their leaders in if the administration doesn’t work jeopardizing the American economy.’’ Congress to work together on reforms to help with the prime minister in a serious That quote came from Representative reduce fuel costs. I call on Speaker PELOSI way to withdrawal our troops and mili- NEIL ABERCROMBIE, the gentleman from and the Democratic Leadership to listen to tary contractors, it will prove what so Hawaii, on Fox News on July 7 of this House Republicans, a growing coalition of many of us have feared all along, that year, a member, NEIL ABERCROMBIE, of House Democrats and most importantly the the administration has no intention of the Natural Resources Committee. American people—allow a vote on legislation leaving Iraq ever. Many Members on both sides of the that will reduce our dependence on foreign oil. Representative LEE and I urge all aisle understand that there is not one Members of the House to sign this im- single solution to our current energy f portant letter to Prime Minister al- crisis, and that we must work in a bi- Maliki. This is a critical moment and a partisan way to develop a comprehen- AMERICA NEEDS TO KNOW crucial opportunity to end the long, sive plan to alleviate the pain that bloody, disastrous occupation of Iraq. American families face every time they The SPEAKER pro tempore. Under a We must seize it. fill their gas pumps. previous order of the House, the gentle- f I want to commend the leadership of woman from Ohio (Ms. KAPTUR) is rec- Representative JOHN PETERSON of ognized for 5 minutes. PRACTICAL ENERGY SOLUTIONS Pennsylvania, and, as I said, Rep- Ms. KAPTUR. Mr. Speaker, last NEEDED resentative NEIL ABERCROMBIE of Ha- week’s rattling of Fannie Mae and The SPEAKER pro tempore. Under a waii. They are now heading up a work- Freddie Mac and the failure of IndyMac previous order of the House, the gen- ing group to form legislation that in- Bank are the latest wreckage of our tleman from Georgia (Mr. GINGREY) is corporates long-term energy solutions held-hostage economy enlarged to a recognized for 5 minutes. while also providing short-term relief trillion-dollar hole. When we think Mr. GINGREY. Mr. Speaker, for lit- for Americans who are now, today, about what is happening, the seeds of erally months now, House Republicans paying $4.11 a gallon of gas. the ruin were sown in the 1990s, and have come to the floor in a concerted This bipartisan approach is what we those who planted the seeds got rich effort to convince Democratic leader- need to find a solution. House Repub- while pushing America financially to ship to bring legislation to the floor licans stand ready to find a middle way the precipice. that would allow us to drill here and that not only guarantees an increase in The repeal of the Glass-Steagall Act drill now so we can all pay less at the domestic production, but it also ad- by Congress in 1999 contributed to our pump. dresses concerns about excessive specu- financial system’s vulnerability. For But even as we offered practical en- lation. the first time in a half a century, the ergy solutions and a willingness to While House Republicans are pre- firewall between banking and com- work with the majority, Speaker pared for a comprehensive approach merce was breached. I voted against PELOSI has continually blocked such that looks not only at supply but also abandoning Glass-Steagall, but the act legislation from coming for a vote here market factors, Speaker PELOSI must passed overwhelmingly in this chamber in the House, and we are not the only be willing to, at the very least, allow by a vote of 362–57 and over in the other ones who have noticed it. an up or down vote on increasing do- body, 90–8. Mr. Speaker, here is a headline from mestic supply. She must recognize that As a result, the American taxpayers today’s Roll Call newspaper. Here is the American people don’t want any are now being asked to bail out Wall what it says: ‘‘Pelosi maneuvers to option left off the table. Street. The biggest high-risk invest- block drilling votes. Speaker Nancy As further indication that we need to ment banks and some uninsured gov- Pelosi appears intent on preventing increase the domestic supply of oil, ernment instrumentalities are going votes on opening more areas to off- President Bush today lifted the 18 right to the American people, where shore drilling, despite the stirrings of a year-old executive order that prohib- they said they would never go. As these revolt by rank-and-file Democrats ited responsible energy exploration risky practices were standardized, the after months of concerted efforts by along our Nation’s Outer Continental question is, what happened to the regu- House Republicans.’’ This was in Roll Shelf. Let me show my colleagues that latory bodies charged with maintaining Call today, Monday, July 14, 2008. poster. Here is the quote, ‘‘In another the safety and soundness of our finan- As this article notes, we are starting push to deal with soaring gas prices, cial system? Why didn’t Fannie Mae to hear some rumblings from Members President Bush on Monday will lift an and Freddie Mac exert due diligence on the Democratic side of the aisle who executive ban on offshore drilling that and oversight? Where was Treasury’s are ready to put partisan politics aside has stood since his father was presi- Office of Thrift Supervision? and work with Republicans on com- dent. But the move, by itself, will do What happened to HUD’s appraisal promise legislation that will start to nothing unless Congress acts as well.’’ and underwriting standards, when in decrease our pain at the pump. Increas- This was from the Associated Press 1993 and mortgage letter 93–2, and then ing numbers of rank-and-file Demo- today. in 1994, in HUD’s mortgage letter 94–54, crats seem to have grown tired of their This decision leaves Congress as the HUD gave authority to lenders like leadership’s failure to allow votes on last remaining hurdle to domestically Countrywide to approve their own legislation that will break our depend- producing billions of barrels of oil and loans and select their own appraisers. ence on foreign oil. trillions of cubic feet of natural gas for Mr. Speaker, I want to show a couple the American people. Allowing our Na- Assuming many of these loans were of posters here and some quotes. The tion to explore the energy resources moved to market through Freddie Mac first quote, ‘‘Americans need Congress available off of our coast would be a and Fannie Mae, why did their regu- to look at real solutions in addressing great first step toward declaring Amer- latory standards fall short? Who served our energy needs, especially when we ica’s energy independence. on their boards of directors and voted have $4 a gallon gasoline. We need an- We need to have a comprehensive ap- for these high-risk practices? How swers and not just slogans. We need to proach, and I hope Members on both much were those boards and executives do it all. We have Senators going to sides of the aisle recognize that, and we compensated during those years when Saudi Arabia begging them to increase need action now. these risky practices proliferated? their production, but we won’t increase Unfortunately, sound energy policy is being Evidence is beginning to surface that ours in some of the most, potential, held hostage by Speaker NANCY PELOSI be- many of those board members person- productive areas?’’ That was a quote cause she believes that it is more important to ally benefited from their own deci- from a floor remark made June 26, 2008, pander to out-of-control environmentalists than sions. Well, through which domestic and international institutions were the by Mr. GENE GREEN of Texas. to enact a ‘‘common-sense plan’’ to lower gas prices—as she promised to the American peo- original mortgage securitizations first b 1945 ple over 2 years ago. moved? Which persons and which firms Here is another one. Another quote, Mr. Speaker, as American families and did it, and which regulatory agencies ‘‘Then we better get started, because small businesses face record prices at the sanctioned the process?

VerDate Aug 31 2005 05:53 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.081 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6453 Why did Treasury’s Office of Thrift Armando J. Bucelo, Jr., Attorney-at-law, Russell E. Palmer, Chairman & Chief Exec- Supervision fail to bat an eye when Su- Law Office of Armando J. Bucelo, Jr. utive Officer, The Palmer Group. perior Bank, one of the first institu- John C. Etling, President and CEO, Gen- Ronald F. Poe, Chairman & Chief Execu- eral Reinsurance Corporation. tive Officer, Dorman & Wilson, Inc. tions to embark on subprime lending, Shannon Fairbanks, Managing Partner, Donald J. Schuenke, Non-Executive Chair- 1 was earning 7 ⁄2 times the industry’s Castine Partners. man, Northern Telecom, Ltd. average return on assets? Where was David W. Glenn, President and COO, Christina Seix, Chairman & Chief Invest- its Chicago Office of Thrift Super- Freddie Mac. ment Officer, Seix Investment Advisors, Inc. vision? When FDIC finally caught up George D. Gould, Vice Chairman, William J. Turner, Chairman & Chief Exec- and charged Superior in 2001, it was Klingenstein, Fields & Company. utive Officer, Turner & Partners, Inc. fined $450 million, the largest fine in Barbara C. Jordan, Holder, Lyndon B. Dennis DeConcini, Former U.S. Senator from Arizona. U.S. history much. Johnson Centennial Chair in National Pol- icy, University of Texas in Austin. Harriet F. Woods, President of the Na- But why haven’t other hot-dog banks Henry Kaufman, President, Henry Kauf- tional Women’s Political Caucus, Wash- been brought to justice? This subprime man & Company, Inc. ington, D.C. crises happened because people at the John B. McCoy, Chairman and CEO, Banc BOARD OF DIRECTORS (AS OF FEB. 1, 1996) highest levels wilted, they placed One Corporation Leland C. Brendsel, Chairman & Chief Ex- James F. Montgomery, Chairman and CEO, America in bondage for another gen- ecutive Officer, Freddie Mac. eration. The gaming of our financial Great Western Financial Corporation. David W. Glenn, President & Chief Oper- Russell E. Palmer, Chairman and CEO, The markets is not a new phenomenon, but ating Officer, Freddie Mac. Palmer Group. Dennis DeConcini, Former U.S. Senator each crisis seems to get bigger, and the Ronald F. Poe, Chairman and CEO, big fish, the kingfish, aren’t brought to from Arizona. Dorman and Wilson, Inc. John C. Etling, Retired President & Chief justice. Donald J. Schuenke, Chairman and CEO, Executive Officer, General Reinsurance Cor- All the men and women who served Northwestern Mutual Life Insurance Com- poration. on the boards of Freddie Mac and pany. Joel I. Ferguson, President. F&S Develop- Christina Seix, Chairman and CEO, Seix Fannie Mae during the 1990s and voted ment Company. for these high-risk practices should be Investment Advisors, Inc. George D. Gould, Vice Chairman, William J. Turner, Chairman and CEO, investigated. They made millions off Klingenstein, Fields & Company, L.P. Turner & Partners, Inc. their stock options and industry con- Jerry M. Hultin, Partner, Warner & Hultin. nections. Are they to remain anony- BOARD OF DIRECTORS (AS OF MARCH 7, 1994) Henry Kaufman, President, Henry Kauf- mous to the American people who are Leland C. Brendsel, Chairman & Chief Ex- man & Company. Inc. ecutive Officer, Freddie Mac. John B. McCoy, Chairman & Chief Execu- being asked to pick up their horse dung David W. Glenn, President & Chief Oper- tive Officer, BancOne Corporation. after the parade has gone through ating Officer, Freddie Mac. James F. Montgomery, Chairman, Great town? Who were they, and how did John C. Edling, President & Chief Execu- Western Financial Corporation. their votes, as board members, con- tive Officer, General Reinsurance Corpora- James B. Nutter, President, James B. Nut- tribute to this unfolding American tion. ter and Co. tragedy? George D. Gould, Vice Chairman, Russell E. Palmer, Chairman & Chief Exec- utive Officer, The Palmer Group. I am going to place in the RECORD to- Klingenstein, Fields & Company. Ronald F. Poe, Chairman & Chief Execu- night the list of all the board members Jerry M. Hultin, Partner, Warner & Hultin. Barbara C. Jordan, Professor of Public tive Officer, Dorman & Wilson, Inc. at Freddie Mac from the early nineties Service, University of Texas. Donald J. Schuenke, Non-Executive Chair- until the early 2000s and will be placing Henry Kaufman, President, Henry Kauf- man, Northern Telecom, Ltd. the same names in the RECORD for man & Company, Inc. Christina Seix, Chairman & Chief Invest- Fannie Mae in future days. Raymond J. McClendon, Vice Chairman & ment Officer, Seix Investment Advisors, Inc. Let me just say that the trillion-dol- Chief Executive Officer, Pryor, McClendon, William J. Turner, Chairman & Chief Exec- lars debt that is being proposed to be Counts & Co. utive Officer, Turner & Partners, Inc. Harriett F. Woods, President, Harriett financed through the sale of U.S. John B. McCoy, Chairman & Chief Execu- tive Officer, Banc One Corporation. Woods Productions. bonds, let me remind the American James F. Montgomery, Chairman & Chief BOARD OF DIRECTORS (AS OF FEBRUARY 1, 1997) people, our coffers are empty as a coun- Executive Officer, Great Western Financial Leland C. Brendsel, Chairman & Chief Ex- try. Our country will borrow more Corporation. ecutive Officer, Freddie Mac. money from foreign interests to close James B. Nutter, President, James B. Nut- David W Glenn, President & Chief Oper- this gap, and our children will owe ter and Co. ating Officer, Freddie Mac. principal and interest to the bond- Russell E. Palmer, Chairman & Chief Exec- Dennis DeConcini, Former U.S. Senator holders, just as they paid nearly a utive Officer, The Palmer Group. from Arizona. Ronald F. Poe, Chairman & Chief Execu- Joel I. Ferguson, President, F & S Develop- quarter trillion dollars on the savings tive Officer, Dorman & Wilson, Inc. and loan crises from the 1980s. ment Company. Donald J. Schuenke, Retired Chairman, George D. Gould, Vice Chairman, Let me remind you the meaning of Northwestern Mutual Life Insurance Com- Klingenstein, Fields & Company, L.P. the word ‘‘bondage,’’ a state of being pany. Jerry M. Hultin, Partner, Warner & Hultin. bound, captive, a serve, subjugated to a Christina Seix, Chairman & Chief Execu- Henry Kaufman, President, Henry Kauf- controlling person or force, subser- tive Officer, Seix Investment Advisors, Inc. man & Company, Inc. vient, dependent, a bond slave, a lack- William J. Turner, Chairman & Chief Exec- Maud Mater, Senior Vice President, Gen- ey. utive Officer, Turner & Partners, Inc. eral Counsel and Secretary, Freedie Mac. What is happening to our country is BOARD OF DIRECTORS (AS OF MARCH 10, 1995) John B. McCoy, Chairman & Chief Execu- truly very, very dangerous. This never Leland C. Brendsel, Chairman & Chief Ex- tive Officer, Banc One Corporation. ecutive Officer, Freddie Mac. James F. Montgomery, Chairman, Great should have happened, and every single Western Financial Corporation. person responsible at the highest levels David W. Glenn, President & Chief Oper- ating Officer, Freddie Mac. James B. Nutter, President, James B. Nut- in this government, who did not regu- John C. Etling, President & Chief Execu- ter and Company. late, who did not have oversight, who tive Officer, General Reinsurance Corpora- Russell E. Palmer, Chairman & Chief Exec- did not properly manage their regu- tion. utive Officer, The Palmer Group. latory systems in order to guard George D. Gould, Vice Chairman, Ronald F. Poe, Chairman & Chief Execu- Klingenstein, Fields & Company. tive Officer, Dorman & Wilson, Inc. against this kind of risk-prone behav- Donald J. Schuenke, Non-Executive Chair- ior, should be investigated, and the Jerry M. Hultin, Partner, Warner & Hultin. Barbara C. Jordan, Professor of Public man, Northern Telecom, Ltd. American people should know whose Christina Seix, Chairman & Chief Invest- Service, University of Texas. bill they are paying for. What a tre- Henry Kaufman, President, Henry Kauf- ment Officer, Seix Investment Advisors, Inc. William J. Turner, Chairman & Chief Exec- mendous tragedy for our country. man & Company, Inc. utive Officer, Turner & Partners, Inc. BOARD OF DIRECTORS John B. McCoy, Chairman & Chief Execu- Harriett F. Woods, President, Harriett tive Officer, BANC ONE CORPORATION. Leland C. Brendsel, Chairman of the Board Woods Productions. and CEO, Freddie Mac. James F. Montgomery, Chairman & Chief George L. Argyros, Chairman and CEO, Executive Officer, Great Western Financial BOARD OF DIRECTORS (AS OF FEBRUARY 28, Arnel and Affiliates. Corporation. 1998) Thomas Ludlow Ashley, President, Asso- James B. Nutter, President, James B. Nut- Leland C. Brendsel, Chairman & Chief Ex- ciation of Bank, Holding Companies. ter and Co. ecutive Officer, Freddie Mac.

VerDate Aug 31 2005 05:53 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.084 H14JYPT1 erowe on PROD1PC71 with HOUSE H6454 CONGRESSIONAL RECORD — HOUSE July 14, 2008 David W. Glenn, President & Chief Oper- Harold Ickes, Partner, Ickes & Enright Shaun F. O’Malley, Retired Chairman, ating Officer, Freddie Mac. Group. Price Waterhouse LLP. Dennis DeConcini, Former U.S. Senator Thomas W. Jones, Chairman & Chief Exec- Ronald F. Poe, President, Ronald F. Poe & from Arizona. utive Officer, Global Investment Manage- Associates. George D. Gould, Vice Chairman, ment and Private Banking Group. William D. Powers, Principal, Powers, Klingenstein, Fields & Company, L.P. Henry Kaufman, President, Henry Kauf- Crane & Company, LLC. Neil F. Hartigan, Partner, McDermott, man & Company, Inc. Stephen A. Ross, Professor, Massachusetts Will & Emery. John B. McCoy, Retired Chairman & Chief Institute of Technology, Cambridge, Massa- Thomas W. Jones, Chairman & Chief Exec- Executive Officer, Bank One Corporation. chusetts, and Co-Chairman, Roll and Ross utive Officer, Salomon Smith Barney Asset James F. Montgomery, Chairman & Chief Asset Management Corporation. Management. Executive Officer, Frontier Bank. Donald J. Schuenke, Retired Chairman, Henry Kaufman, President, Henry Kauf- Russell E. Palmer, Chairman & Chief Exec- Northwestern Mutual Life Insurance, A life man & Company, Inc. utive Officer, The Palmer Group. insurance company, Milwaukee, Wisconsin, Maud Mater, Senior Vice President, Gen- Ronald F. Poe, President, Ronald F. Poe & and Non-Executive Chairman, Allen-Ed- eral Counsel and Secretary, Freedie Mac. Associates. monds Shoe Company. John B. McCoy, Chairman & Chief Execu- Stephen A. Ross, Professor, Massachusetts Cristina Seix, Chairman, Chief Executive tive Officer, Banc One Corporation. Institute of Technology, Cambridge, Massa- Officer & Chief Investment Officer, Seix In- James F. Montgomery, Past Chairman, chusetts. vestment Advisors, Inc. Great Western Financial Corporation. Donald J. Schuenke, Retired Chairman, Catherine L. Stepp, Co-owner & Vice Presi- Russell E. Palmer, Chairman & Chief Exec- Northwestern Mutual Life Insurance. dent, First Stepp Builders, Inc. utive Officer, The Palmer Group. Christina Seix, Chairman, Chief Executive William J. Turner, Co-Manager, Signature Ronald F. Poe, Chairman & Chief Execu- Officer & Chief Investment Officer, Seix In- Capital, Inc., A venture capital investment tive Officer, Legg Mason Dorman & Wilson, vestment Advisors, Inc. firm, New York, New York, and Chairman & Inc. William J. Turner, Co-Manager, Signature Chief Executive Officer, Turner & Partners, Donald J. Schuenke, Non-Executive Chair- Capital, Inc. Inc. man, Northern Telecom, Ltd. BOARD OF DIRECTORS (AS OF MARCH 15, 2001) Christina Seix, Chairman, Chief Executive BOARD OF DIRECTORS (AS OF JANUARY 31, 2004) Leland C. Brendsel, Chairman & Chief Ex- Officer & Chief Investment Officer, Seix In- Richard F. Syron, Chairman and Chief Ex- ecutive Officer, Freddie Mac. vestment Advisors, Inc. ecutive Officer, Freddie Mac. David W. Glenn, Vice Chairman & Presi- Joe Serna, Jr., Mayor, City of Sacramento, Cesar B. Cabrera, President, Rocca Devel- dent, Freddie Mac. California. opment Corporation. Rahm Emanuel, Managing Director, William J. Turner, Co-Manager, Signature Michelle Engler, Trustee, JNL Investor Se- Wasserstein Perella & Co. Capital, Inc. ries Trust and Member of Board of Managers, Joel I. Ferguson, Chairman, Ferguson De- Harriett F. Woods, President, Harriett JNL Variable Funds. velopment Company. Woods Productions. Richard Karl Goeltz, Former Vice Chair- James C. Free, President & CEO, The man and Chief Financial Officer, American BOARD OF DIRECTORS (AS OF MARCH 15, 2000) Smith-Free Group. Express Company. Leland C. Brendsel, Chairman & Chief Ex- George D. Gould, Vice Chairman, George D. Gould, Vice Chairman, ecutive Officer, Freddie Mac. Klingenstein, Fields & Company, L.P. David W. Glenn, President & Chief Oper- Neil F. Hartigan, Partner, McDermott, Klingenstein, Fields & Company, LP. David J. Gribbin III, Former Managing Di- ating Officer, Freddie Mac. Will & Emery, A law firm, Chicago, Illinois. Dennis DeConcini, Former U.S. Senator Harold Ickes, Partner, Ickes & Enright rector, Clark & Weinstock. Thomas W. Jones, Chairman and Chief Ex- from Arizona. Group. Rahm Emanuel, Managing Director, Thomas W. Jones, Chairman & Chief Exec- ecutive Officer, Global Investment Manage- Wasserstein Perella & Co. utive Officer, Global Investment Manage- ment. Joel I. Ferguson, Chairman, Ferguson De- ment and Private Banking Group. Henry Kaufman, President, Henry Kauf- velopment Company. Henry Kaufman, President, Henry Kauf- man & Company, Inc. George D. Gould, Vice Chairman, man & Company, Inc. Martin L. Leibowitz, Vice Chairman and Klingenstein, Fields & Company, L.P. John B. McCoy, Retired Chairman & Chief Chief Investment Officer, Teacher’s Insur- Neil F. Hartigan, Partner, McDermott, Executive Officer, Bank One Corporation. ance and Annuity Association—College Re- Will & Emery. James F. Montgomery, Chairman & Chief tirement Equities Fund. Thomas W. Jones, Chairman & Chief Exec- Executive Officer, Frontier Bank. John B. McCoy, Retired Chairman and utive Officer, Global Investment Manage- Russell E. Palmer, Chairman & Chief Exec- Chief Executive Officer, Bank One Corpora- ment and Private Banking Group. utive Officer, The Palmer Group. tion. Henry Kaufman, President, Henry Kauf- Ronald F. Poe, President, Ronald F. Poe & Shaun F. O’Malley, Retired Chairman, man & Company, Inc. Associates. Price Waterhouse, LLP. John B. McCoy, Retired Chairman & Chief Stephen A. Ross, Professor, Massachusetts Ronald F. Poe, President, Ronald F. Poe & Executive Officer, Bank One Corporation. Institute of Technology, Cambridge, Massa- Associates. James F. Montgomery, Chairman & Chief chusetts. William D. Powers, Principal, Powers, Executive Officer, Frontier Bank. Donald J. Schuenke, Retired Chairman, Crane & Company, LLC. Russell E. Palmer, Chairman & Chief Exec- Northwestern Mutual Life Insurance. Stephen A. Ross, Professor, Massachusetts utive Officer, The Palmer Group. Christina Seix, Chairman, Chief Executive Institute of Technology. Ronald F. Poe, President, Ronald F. Poe & Officer & Chief Investment Officer, Seix In- Donald J. Schuenke, Retired Chairman, Associates. vestment Advisors, Inc. Northwestern Mutual Life Insurance Com- Stephen A. Ross, Professor, Massachusetts William J. Turner, Co-Manager, Signature pany, Milwaukee, Wisconsin and Non-Execu- Institute of Technology, Cambridge, Massa- Capital, Inc. tive Chairman, Allen-Edmonds Shoe Com- pany. chusetts. BOARD OF DIRECTORS (AS OF MARCH 15, 2002) Donald J. Schuenke, Retired Chairman, Christina Seix, Chairman, Chief Executive Leland C. Brendsel, Chairman & Chief Ex- Northwestern Mutual Life Insurance. Officer and Chief Investment Officer, Seix In- ecutive Officer, Freddie Mac. Christina Seix, Chairman, Chief Executive vestment Advisors, Inc. David W. Glenn, Vice Chairman & Presi- Officer & Chief Investment Officer, Seix In- Catherine Stepp, Vice President, First dent, Freddie Mac. Stepp Builders, Inc. vestment Advisors, Inc. Cesar B. Cabrera, President & Owner, William J. Turner, Co-Manager, Signature William J. Turner, Manager, Signature Rocca Development Corporation. Capital, Inc. Capitol, Inc. Michelle Engler, Trustee, Investor Series BOARD OF DIRECTORS (AS OF MARCH 15, 2001) Trust & Member, Boards of Managers, JNL BOARD OF DIRECTORS (AS OF SEPTEMBER 1, Leland C. Brendsel, Chairman & Chief Ex- Variable Funds. 2004) ecutive Officer, Freddie Mac. George D. Gould, Vice Chairman, Richard F. Syron, Chairman and Chief Ex- David W. Glenn, Vice Chairman & Presi- Klingenstein, Fields & Company, L.P. ecutive Officer, Freddie Mac. dent, Freddie Mac. David J. Gribbin III, Managing Director, Joan E. Donoghue, Senior Vice President Rahm Emanuel, Managing Director, Clark and Weinstock. and Principal, Deputy General Counsel, Wasserstein Perella & Co. Thomas W. Jones, Chairman & Chief Exec- Freddie Mac. Joel I. Ferguson, Chairman, Ferguson De- utive Officer, Global Investment Manage- Michelle Engler, Trustee, JNL Investor Se- velopment Company. ment and Private Banking Group. ries Trust and Member of Board of Managers, James C. Free, President & CEO, The Henry Kaufman, President, Henry Kauf- JNL Variable Funds. Smith-Free Group. man & Company, Inc. Richard Karl Goeltz, Retired Vice Chair- George D. Gould, Vice Chairman, John B. McCoy, Retired Chairman & Chief man and Chief Financial Officer, American Klingenstein, Fields & Company, L.P. Executive Officer, Bank One Corporation. Express Company. Neil F. Hartigan, Partner, McDermott, James F. Montgomery, Chairman & Chief George D. Gould, Vice Chairman, Will & Emery. Executive Officer, Frontier Bank. Klingenstein, Fields & Company, LP.

VerDate Aug 31 2005 05:53 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A14JY7.071 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6455 Thomas S. Johnson, Chairman and Chief Simply put, they are mad. Those before have a single head of household, a Executive Officer, GreenPoint Financial Cor- us, as well as many selfless heroes woman, in many cases, that’s working poration. today, have and are now paying griev- three jobs just to make that rent, just Henry Kaufman, President, Henry Kauf- ously. For this great opportunity that to make that electricity bill, just to man & Company, Inc. William I. Ledman, Senior Vice President we call home, this America, the Amer- get that extra gallon of gas to get to of Information Systems and Services, ican people worked very hard to keep her job. Those are things that we know Freddie Mac. our Nation strong and productive. are resonating right now with our con- John B. McCoy, Retired Chairman and They do their jobs. The very least we stituents, and they demand a change. Chief Executive Officer, Bank One Corpora- can do as U.S. Congress is do our job. It isn’t just enough to say that we tion. f are going to lower the energy costs, Shaun F. O’Malley, Chairman Emeritus, they have to have a good-paying job to Price Waterhouse, LLP. OPTIMISM provide for all those commodities, lux- Ronald F. Poe, President, Ronald F. Poe & Associates. The SPEAKER pro tempore. Under a uries that they need to keep their fam- Stephen A. Ross, Professor, Massachusetts previous order of the House, the gentle- ily going. Institute of Technology. woman from California (Ms. SOLIS) is b 2000 William J. Turner, Manager, Signature recognized for 5 minutes. Capital, Inc. Ms. SOLIS. Mr. Speaker, today on a And one best way of doing it is by jump-starting the economy and by sup- f lighter note, I would like to talk about optimism and the wherewithal that our porting the Green Jobs Act, something MESSAGE FROM THE AMERICAN country has, especially among our that the Senate and also the House PEOPLE young people. I want to talk about a passed again that was signed into law The SPEAKER pro tempore. Under a subject that doesn’t really get a lot of in December. We need $125 million to help jump-start that program. previous order of the House, the gentle- attention in this whole debate about I want to illustrate something here, a woman from North Carolina (Mrs. energy and oil and the fact that we are picture of some youngsters who were MYRICK) is recognized for 5 minutes. now faced with skyrocketing prices at actually installing on a roof, who had Mrs. MYRICK. Mr. Speaker, I bring a the gas pump. just completed a project in Oakland, message from the American people. I want to talk about investing in our California, who were trained in a pro- They don’t like us. They viewed Con- future. I want to talk about young peo- gram, who went through an apprentice- gress as a body that’s comprised of in- ple not only from my district but ship program that was done in a pri- dividuals that they elect and expect to across the country, and I want to talk vate and public partnership. It was to reason together in the best interests of about what we call green jobs, green- help install solar panels and to retrofit America and Americans. They don’t collar jobs. Some people might think them in some of our oldest buildings in see that happening. They insist they that’s a misnomer, you know, but we very dilapidated parts of our country. have had it with the politics itself and have actually changed. Blue-collar jobs What an incentive that would be to party. have, as you know, been outsourced to help to jump-start our communities Americans are hurting because of other countries. and to revitalize those communities fuel costs which are pushing up all What we are attempting to do in the that have been left behind by the man- other costs, including food. Winter is Congress and something that President ufacturing jobs that went to other approaching, and the pain will grow Bush signed into law just last Decem- countries but also to incentivize those much worse. ber was an act that was part of the en- places that have high unemployment This crisis is seriously threatening ergy bill, the energy package, that said like in Oakland, like in East Los Ange- our national security. We are sending we are going to make a difference in les, like in the Bronx, like in Little Ha- more money to foreign nations than this country by investing in America’s vana in Florida. These places need re- ever before, many of whom don’t like future. We will provide 10 million jobs lief, and the government has an obliga- us, to put it mildly. We, in govern- in green technology if our government tion to help provide an incentive, ment, refused to get our financial steps up to the plate. working closely, hand in hand, with House in order. We are forcing our Na- Now we are asking for that appro- private industry. tion to depend on foreign oil. priation for $125 million to help create, The reason I say that is that I know Oh, and in an aside, emptying our and, I think, minimally, 10 million it works, and it’s working right now in Strategic Petroleum Reserve is not a jobs, that will be reaped across this an obscure place in my district in East solution. What if we are attacked, dis- country that will secure our energy se- Los Angeles. The LA Unified School aster? That’s why reserves are called curity here at home. It will also send a District, which doesn’t always get hon- strategic. Politicians since, and includ- steep message to many nonbelievers ors for many things that they do, has ing Jimmy Carter, have promised en- across the country that we mean busi- invested in a program out of the East ergy solutions. ness, that we are actually going to LA Skills Center to help retrain indi- Well, where are they? Under Carter keep these jobs here, that these jobs viduals. The majority of those who are we imported about 24 percent of our won’t be outsourced, that they won’t participating right now happen to be oil, and now we import about 70 per- be going to China and India and Indo- middle-aged people who are saying, ‘‘I cent. The American people are tired of nesia and even to Mexico, because we need to get retrained into a better pay- hollow promises. They are demanding are going to make an investment here. ing job, a job that’s going to help me in action now, now, not after the election, It’s, very simply, trying to set a the rest of my life and in my retire- now. They demand plans for elimi- precedent here to provide opportunities ment.’’ They’re taking that challenge; nating our dependence on oil, begin- for people to get retrained or to get they’re going through training, and ning with foreign oil, plans to use our into new technology, into are renew- they’re being offered jobs. own resource from offshore drilling to able energy, into biofuels, and into cre- One of the dilemmas that we’re fac- sugar cane conversion, all the while ating solar panels. Those manufac- ing right now is that we don’t have an putting advanced batteries, hybrids, turing jobs that we knew as blue-collar adequate workforce available to fill all plug-in hybrids, wind, solar, hydrogen, workers that my father as a teamster of these potential jobs. I say: Why? nuclear and any other realistic alter- and other people in my district rep- Why should we go outside and bring native on a critical fast track. resented, could be retooled to help pro- people in when we need to make those Of course, we must do everything we vide and incentivize our economy by investments here in the United States can to protect our environment if for keeping those jobs here at home. and in Los Angeles? no other reason than we all must No more of this minimum-wage jobs, So, Mr. Speaker, I would just like to breathe clean air, consume safe food but providing good, sustainable, say and would like to urge my col- and water, and, of course, protect God’s liveable-wage jobs for working men and leagues to support the Green Jobs Act creatures. women and people that could rely on and to provide that infusion of $125 The people know it’s their govern- this to raise a family, not in the state million that will act as a stimulus ment, and they intend to take charge. that we are in right now, where you package for our economy.

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A14JY7.074 H14JYPT1 erowe on PROD1PC71 with HOUSE H6456 CONGRESSIONAL RECORD — HOUSE July 14, 2008 NEW TRENDS IN THE GROWING the provinces with the greatest drug (Mr. DEFAZIO addressed the House. AFGHAN DRUG ECONOMY production, and violence follows wher- His remarks will appear hereafter in The SPEAKER pro tempore. Under a ever the Taliban is present. the Extensions of Remarks.) previous order of the House, the gen- In the heroin heartland of the f tleman from Illinois (Mr. KIRK) is rec- Helmand Province, the bloodshed is The SPEAKER pro tempore. Under a ognized for 5 minutes. dramatically higher than in all other previous order of the House, the gen- Afghan provinces. Militants launch an Mr. KIRK. Mr. Speaker, with the in- tleman from California (Mr. CALVERT) creasing number of cross-border at- attack every 32 hours in Helmand, is recognized for 5 minutes. compared to just one attack every 3 or tacks in Afghanistan that are coming (Mr. CALVERT addressed the House. 4 days in the rest of the country or just from the Waziristan region of Paki- His remarks will appear hereafter in stan, it is more important than ever to one attack a week in Kabul. The shift demonstrates that it’s time the Extensions of Remarks.) develop a complete picture of where al f Qaeda and the Taliban terrorists are for the United States and for our NATO The SPEAKER pro tempore. Under a hiding and especially of how they are allies to take a stronger stand against previous order of the House, the gen- funded. the narcotics trade of Afghanistan. Last month, the Defense Department Even the Defense Department now ac- tleman from North Carolina (Mr. finally recognized what many of us in knowledges a clear link between drug MCHENRY) is recognized for 5 minutes. the Congress have been saying for trafficking and terrorist financing, a (Mr. MCHENRY addressed the House. years. The report states: ‘‘Narcotics-re- concept that used to be very controver- His remarks will appear hereafter in lated activities are fueling the insur- sial in Afghanistan, but that is now the Extensions of Remarks.) gency in Afghanistan and, if left un- clear. f Of course, in Colombia, we learned checked, threaten the long-term sta- The SPEAKER pro tempore. Under a that drugs and terrorism must be bility of the country and the sur- previous order of the House, the gen- fought simultaneously. In Afghanistan rounding region.’’ It continues: ‘‘The tleman from Indiana (Mr. BURTON) is and Pakistan, we must take the lessons emerging nexus between narcotics traf- recognized for 5 minutes. learned in Colombia to understand that fickers and the insurgency is clear. (Mr. BURTON of Indiana addressed counterterrorism programs will not Narcotics traffickers provide revenue the House. His remarks will appear work unless there is also an effective and arms to the Taliban while the hereafter in the Extensions of Re- counternarcotics program to eliminate marks.) Taliban provides protection to growers the Taliban’s source of money. and traffickers and keep the govern- Mr. Speaker, while partisan feelings f ment from interfering with their ac- in the House surround the mission in The SPEAKER pro tempore. Under a tivities.’’ In short, the Taliban has be- Iraq, the challenges of the Afghan mis- previous order of the House, the gen- come a fully functioning, South Asian sion are overshadowed. The Afghan war tleman from Arizona (Mr. FLAKE) is narco-terrorist organization, pro- is sometimes described as the ‘‘good recognized for 5 minutes. tecting the source of 92 percent of the war’’ or as the ‘‘bipartisan war’’ or as (Mr. FLAKE addressed the House. His world’s opium. the ‘‘war that our allies support.’’ It is remarks will appear hereafter in the Production is so high now that the certainly true that our forces in Af- Extensions of Remarks.) price is dropping after years of record ghanistan enjoy stronger support from f crops. Never one to ignore market the American people and from our al- The SPEAKER pro tempore. Under a forces, Afghan drug kingpins are now lies overseas. While we have a NATO previous order of the House, the gen- expanding into new illicit markets, and command in Afghanistan, our strong tleman from Kansas (Mr. MORAN) is they have become the major supplier of allied support for this mission should recognized for 5 minutes. the global cannabis and hashish mar- not blind us to the growing problems (Mr. MORAN of Kansas addressed the kets. and dangers emerging for our troops. House. His remarks will appear here- Now, Morocco used to be the tradi- The reality is this: Heroin has fi- tional main source for hashish in the after in the Extensions of Remarks.) nanced the resurgence of al Qaeda and f world, but that is rapidly changing. the Taliban, and they have now found a The SPEAKER pro tempore. Under a Morocco has been marginalized in new source of money—hashish and can- previous order of the House, the gen- favor of Afghanistan. According to the nabis—which provide, in our estimate, tleman from New Jersey (Mr. GARRETT) United Nations Office on Drugs and hundreds of millions of dollars to fi- is recognized for 5 minutes. Crime, Morocco used to be the source nance terror. The lessons of FARC’s de- (Mr. GARRETT of New Jersey ad- of 31 percent of the world’s hashish, but cline in Colombia are clear: To wipe dressed the House. His remarks will ap- by 2006, the number dwindled to just 18 out terror, you have to attack its in- pear hereafter in the Extensions of Re- percent. come. In both Colombia and Afghani- In contrast, the U.N. now reports marks.) stan, that income comes from nar- that cannabis cultivation in Afghani- cotics. f stan has more than doubled since 2004. ENERGY In 2004, 30,000 hectares were under cul- f tivation. In 2007, that number had risen The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under to 70,000, much of which is protected previous order of the House, the gen- the Speaker’s announced policy of Jan- and nurtured by the Taliban as their tleman from Missouri (Mr. SKELTON) is uary 18, 2007, the gentleman from new source of income. recognized for 5 minutes. Texas (Mr. BARTON) is recognized for 60 U.N. figures also show that cannabis (Mr. SKELTON addressed the House. minutes as the designee of the minor- cultivation is surging in Taliban His remarks will appear hereafter in ity leader. strongholds, including in the the Extensions of Remarks.) Mr. BARTON of Texas. Mr. Speaker, Kandahar, Uruzgan, Paktika, Zabol, f I yield myself such time as I may con- and Helmand Provinces. If the Great The SPEAKER pro tempore. Under a sume. Plains are the breadbasket of America, previous order of the House, the gen- We are going to do something a little then these Afghan Provinces make up tleman from Texas (Mr. POE) is recog- bit differently this evening on the the production heartland of the inter- nized for 5 minutes. House floor. We have a 1-hour Special national narcotics trade. (Mr. POE addressed the House. His Order of the minority and a 1-hour Spe- The U.N. report also notes that, in remarks will appear hereafter in the cial Order of the majority. The minor- these southern provinces, all of the Extensions of Remarks.) ity leader and the Speaker have agreed farmers growing poppy and now can- f to combine those two Special Orders so nabis pay taxes of, roughly, 10 percent The SPEAKER pro tempore. Under a that both sides can participate in the of revenues to antigovernment ele- previous order of the House, the gen- debate about energy policy. I will be ments, including to the Taliban and to tleman from Oregon (Mr. DEFAZIO) is leading the minority side, and the gen- al Qaeda. Taliban presence is highest in recognized for 5 minutes. tleman from Pennsylvania (Mr.

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.086 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6457 ALTMIRE) is going to be leading the ma- next 2 hours, generally an hour on our our shale oil reserves. We have 2 tril- jority side. side and an hour on the Republican lion barrels of shale oil in this country, In the first hour, it is my under- side. I look forward to the discussion. and if we were to produce that, we standing that I will control time for So, at this time, I will yield back to think within the next 5 to 10 years we both sides, and in the second hour, the the gentleman from Texas. could have almost 2 million, maybe 3 gentleman from Pennsylvania will con- Mr. BARTON of Texas. I thank my million barrels of production just from trol the time for both sides. We are friend from Pennsylvania. that. Then if you add the tar sands, going to try to operate in such a fash- I am going to yield myself such time you add coal-to-liquids—which there’s ion of cooperation which, I think, will as I may consume. a lot of bipartisan support on the floor be refreshing in this Chamber so that Well, Mr. Speaker, we have before us, on both sides of the aisle—our heavy both sides end up, at the end of the 2- as we have this debate on the floor of oil reserves, and then our C02 recovery hour period, with equal amounts of the House of Representatives, a very with C02 injection into depleted oil time. serious situation. We have energy fields, if you add all of those up, that’s In Special Orders, you don’t yield for prices worldwide, certainly, but in the 10 million barrels a day equivalent of specific amounts of time, so what we’re United States of America, specifically, production that we could have in the going to attempt to do, between look- we have energy prices that have gone United States of America. ing at the two clocks that are publicly up quite a bit in the last several years. Unfortunately, for most of these on visible and between the staff members If you will look here, you will see the red bar, our friends on the majority who have clocks, is to make sure that that, in February of 2007, as to the side, on the Democratic side, certainly we balance the time out. price of unleaded gasoline at the pump, the leadership—I’m not saying that ev- So, before we get started in the ac- the national average was $2.30 a gallon. erybody on their side—but the Demo- tual substantive debate, I’d be happy to By the end of June of this year, it was cratic leadership are not only opposed, yield to my good friend from Pennsyl- at $4.07. The numbers that were given but some would say adamantly op- vania for whatever introductory re- to me this afternoon when I got off the posed. And that’s what this debate is marks he wishes to make about the airplane show that, today, it closed at going to be about this evening. procedure. $4.11 a gallon for gasoline, which is a So with that as the opening state- Mr. ALTMIRE. I thank the gen- record. For diesel, it’s about $4.82 a gal- ment, I would be happy to yield to the tleman from Texas. lon. distinguished chairman of the Natural It is my understanding that this for- If you will look at natural gas prices, Resources Committee, the Honorable mat has not been attempted since the which are used both in industry and to NICK RAHALL of the great State of West 1990s, under Speaker Gingrich. So this heat our homes in the winter and to Virginia. is a recent historical event that we’re cook our food year round, in February Mr. RAHALL. Thank you, Mr. BAR- engaged in here, and I really to do ap- of last year, for 1,000 cubic feet of nat- TON. I appreciate your yielding, and I preciate the gentleman and the ability ural gas, it was $6.60. By June, it was certainly want to commend you and to work with him, and I appreciate the up to, which was the average nation- JASON ALTMIRE, the gentleman from gentleman from Georgia and others for ally, $10.21. We expect that, by this fall, Pennsylvania, for putting together this talking about energy prices and gas the average national price is going to rather unique 2-hour debate, civilized prices. That is what we’re going to do be $12 for 1,000 cubic feet. debate, I might add, on our energy sit- over the course of the next 2 hours. Now, if we sit here in the United uation. It comes at a very appropriate Again, just to lay the ground rules, States and do nothing, these prices are time. because it is a Special Order, all time going to stay where they are and are As we all know, President Bush just in the first hour will flow through the going to go higher. The good news is today by executive order lifted the gentleman from Texas. All time in the that we have more domestic energy re- moratorium that was put into place by second hour will flow through our side, sources in this country than in any his father some 18 years ago, I guess. but we want this to be an engaging dis- other country in the world. That moratorium being on drilling in cussion where we yield back and forth To just give a comparison, on this the Outer Continental Shelf and in and ask questions and inquire of each chart here, the purple and the green ANWR. And by a stroke of the pen, the other. and the blue are the amount of oil im- President has lifted that moratorium, We’re going to keep this above board. ports on an average basis per day that and I assume now that those lands are This is not a game of gotcha. This is to we’re importing from three of our larg- open for leasing; and I think that’s a have a legitimate, honest discussion est sources of imports. You can see very important point to stress that about energy prices, about the drilling that, from Nigeria, we’re getting ap- they are not under lease at this time issue, about the speculation issue, and proximately 1 million barrels a day, but are open for leasing. about the Strategic Petroleum Re- from Venezuela, about 1,250,000 barrels And as the gentleman from Texas, serve. a day and, from Saudi Arabia, about I’m sure, is aware, having a lease in On our side, we’re going to be joined 1,500,000 barrels a day of oil. hand is not quite the same as starting by Members who have engaged on this The orange bar, or the red bar, to the the process to obtain a lease. The lat- issue, such as Chairman RAHALL of the right shows the estimates from the ter being a rather lengthy process that Natural Resources Committee. Chair- Minerals Management Service, the can take quite a few number of years. man RAHALL is going to talk about the most recent estimates of the amount of I would think at this time an appro- 68 million acres of land that are avail- domestic energy supply that could be priate quote would be that quote from able, an issue that we know about, and produced at today’s prices and with to- the Energy Information Administra- that will come up. BART STUPAK of day’s technology. If we were to produce tion. When commenting on the efforts Michigan, Congressman STUPAK, is in the Outer Continental Shelf, in the to lift the moratorium on OCS and going to talk about the speculation areas that are currently off limits but ANWR, it stated that lifting the cur- issue along with Congressman MURPHY that we think could be produced in rent moratorium, ‘‘would not have a from Connecticut. We’re going to have terms of a drilling program, that, by significant impact on domestic crude Congressman HALL from New York, itself, equals the amount of imports oil and natural gas production or prices who is going to talk about the Stra- from Saudi Arabia. before 2030.’’ tegic Petroleum Reserve. Others are That’s the year 2030, 22 years from welcome, who may be watching this as b 2015 now. we speak, to join us throughout the If we add the Alaska National Wild- This is the Energy Information Ad- evening. life Reserve, which we’re going to talk ministration, a part of Secretary Those are generally the issues that about in some detail, that will be an- Bodman’s Department of Energy. we’re going to talk about, so I really do other approximately 750,000 to 1 mil- And I think it’s also worthy of note appreciate the gentleman from Texas lion barrels a day. that 79 percent of the oil and 82 percent for yielding the time. We’re going to And then one of the big ones that we of the natural gas in Federal waters off keep this on a balanced level over the really haven’t done too much about is America’s coasts are already available

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.096 H14JYPT1 erowe on PROD1PC71 with HOUSE H6458 CONGRESSIONAL RECORD — HOUSE July 14, 2008 for leasing. That is today, now; not 22 acres that are currently available for process. The 68 million acres we keep years from now. leasing. referring to as use-it-or-lose-it, that So I think that old saying that a bird I think the gentleman knows that in has already gone through that process in the hand is better than two in the the Energy Policy Act that passed in we both have described. bush, well, an oil lease in hand is cer- 2005, we put some permit reform meas- Mr. BARTON of Texas. My under- tainly—a lease, the actual lease in ures in place on a pilot program basis. standing is it’s in—various acreages hand is certainly more preferable in And in this Congress, there have been are in various stages of that process. I terms of gaining production today in efforts made in H.R. 6 and then also think that’s a true statement. I don’t the near future; that is today, gaining some of the appropriation riders to put think it’s all completed the entire production today, and bringing mean- some roadblocks in some of those per- process. ingful relief at the pump today, not 22 mitting process reforms. So if that’s Mr. RAHALL. In any case, years years from now, but today, would leave something that we could work together ahead of the lands made available one to believe that opening these some with, I would be happy to do that. today by lifting the moratorium. 68 million acres of Federal onshore and The second answer I would give on Mr. BARTON of Texas. In some cases, OCS lands that are already under lease the acreage that is currently under that’s a true statement. In some cases, that can go—the companies can go out lease is some of those areas, while they it’s not. There are areas that have been and drill on today—today, not 22 years are leased, they don’t appear to have put under moratorium recently by acts from now, but today—would, I think, significant mineral production even at of Congress that were closed to com- be preferable. And I’m not saying not today’s prices. And as they asked the mercial production, especially in the including what the President has done bank robber Clyde Barrow why he eastern gulf of Mexico and the OCS. Mr. RAHALL. But were they under today, that’s fine. He has done what he robbed banks, he anecdotally is sup- posed to have answered, ‘‘That’s where lease? did. Mr. BARTON of Texas. They were, is But also I don’t see—and I’m asking the money is.’’ my understanding. And we then put the gentleman from Texas this ques- Well, some of the areas that are cur- rently not under lease is where we them under moratorium. tion since it is his time—what is wrong Mr. RAHALL. Okay. I’m not clear on with requiring the oil companies to use think the significant amounts of oil and gas are. But on the current acre- that whether they were. this acreage, 68 million, that are al- Mr. BARTON of Texas. It’s some- ready under lease to go out and make age, I think we would be very willing to do an inventory bill, if the gen- thing we can certainly work together some, at least a due diligent effort to- on. wards developing those leases? tleman wished to work on an inventory bill. We could certainly do an expedited Mr. RAHALL. Sure. Sure. Now, I recognize that’s like a housing Anyway, the point I was trying to permit and reform bill if the gentleman development. You’re not going to find make is that it could take years and and his leadership wished to do that. something on every acre that’s under years to obtain a lease, which these So there could be some agreement lease. You already know there’s noth- lands opened up today are just starting ing under a few of those acres because there. Mr. RAHALL. Well, this gentleman is on that process. The 68 million under when you build a housing development, certainly no stranger to efforts to re- our use-it-or-lose-it legislation has al- you don’t build a house on every inch form Federal onshore oil and gas leas- ready gone through that process. of that entire development. So there Mr. BARTON of Texas. Certainly the ing program. I’ve been involved in that are some acres where there’s obviously for 20 years, I guess, through first my area that’s never been leased is further not going to be anything there and not subcommittee chairman on what was behind that that has been in some worth exploring. then called the Interior Committee, I stages of leasing. I will concede that But of that 68 million, there’s only guess, and now certainly as chairman point. about 10 million now that is actively Mr. RAHALL. And in our use-it-or- of the full Committee on Natural Re- under production. And if you extrapo- lose-it legislation, we’re simply saying sources. I’m not even adverse to re- late out the same Energy Administra- current leases are generally 10 years. forming that process to make it more tion Department figures I just quoted, They vary somewhat depending on expeditious. if you extrapolate out what is being But I still haven’t heard, and I’m depth of water or where they’re lo- produced from that 10 million acres, still unclear, as to the fact that leasing cated. But generally, 10 years is the then you come up with roughly about a is the more difficult portion of going current leasing term. And if a company 14-year supply of natural gas by ex- out and drilling on these lands. Is that is holding that lease for 10 years and trapolating out those figures. not accurate? Obtaining a lease, it not producing on it or not even making So why can we not give some push to seems to me, is a much more difficult— an effort, showing some type of good the industry to go out and make an ef- and you know, even before the land is faith, due diligent effort, as I’m sure fort to find out if there’s anything in available for leasing, for example, the the gentleman knows our Federal coal these 68 million acres or not? They will land manager has to develop a plan to is required to do, other minerals on say, I’m sure there’s not. But how do determine whether or not an area is ap- Federal lands that’s owned by the tax- they know that there’s not? How do we propriate for oil and gas drilling. Then payers are required to do, we say in our know what exists in the OCS that is once the Interior Department has made use-it-or-lose-it, if that due diligent ef- now open by today’s action of the the land available to leasing, then the fort is not made, then you lose the President in lifting the moratorium? oil and gas companies need to secure lease and it’s open again to competi- How do we know—I mean, the word the permits and do some preliminary tive bidding. Another company can ‘‘potential’’ is always used. The poten- exploration. come in and make their bid for it. tial for this large find or this potential. Mr. BARTON of Texas. But some- Mr. BARTON of Texas. Again, we’re But I just don’t—I’m asking that ques- where in there there’s an option where very willing to work on some reforms tion you actually bid. to the current lands that are leased to Mr. BARTON of Texas. If the gen- Mr. RAHALL. That was the next step expedite the permitting process and tleman would yield? I was getting to. They have to collect, the leasing process, and hopefully Mr. RAHALL. I believe it’s your analyze the data. Then the government those on your side would be willing to time. has to put together an auction for the work with us to make available more Mr. BARTON of Texas. But this is a competitive bidding process and then lands that haven’t yet been leased. debate, and then I will yield to my award the leases. Mr. RAHALL. I think the major good friend from Georgia. Mr. BARTON of Texas. And then you point I want to make is in our use-it- First of all, I think those on the mi- have a specified amount of time in or-lose-it legislation, it’s not an anti- nority side would love to work with the which to make improvements on the drilling piece of legislation. It’s a probe distinguished chairman of the Natural lease and determine whether it’s com- drilling. Resources Committee if he wished to mercial. Mr. BARTON of Texas. I’m not aware bring a bipartisan bill to the floor on Mr. RAHALL. Okay. Now, the 68 mil- that we’ve ever said it was anti-drill- permitting reform on the 68 million lion already has gone through that ing. What we’ve said is we want to do

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.097 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6459 more than that. But we certainly sup- this 68 million that we keep hearing while all of that is I’m sure accurate, port the first steps at some pro-leasing use-it-or-lose-it is actually in some that is still on these 68 million acres of program on the majority side. We stage, and I have a chart here that land, and that’s still I’m not going to think that’s a step in the right direc- shows the different processes. say light years but many, many years tion. Mr. BARTON of Texas. A very com- ahead of where we are on the lands Mr. RAHALL. I thank the gentleman. plicated chart. made available today by lifting the Mr. BARTON of Texas. Let me yield Mr. WESTMORELAND. A very com- moratorium? to my good friend from Georgia (Mr. plicated chart, and I’m not going to at- Mr. WESTMORELAND. I disagree WESTMORELAND) who is responsible for, tempt to explain it all, but I will say with that because I feel that what the or at least partly responsible for the that the purple is the pre-leasing proc- American people want us to do is to in- fact that we’re actually having the de- ess. Your orange is the leasing process. crease our oil production. I think that bate. It was his idea, and he was able to The blue is the notice of staking proc- they want to see something like the convince Speaker PELOSI and minority ess, and then the green is the applica- gentleman from Texas talked about in leader BOEHNER to engage in this. tion for permit to drill. And if you will 2005, that this government could come I will yield him such time as he may notice these little red blotches on here, together and we could streamline. I consume. these are points of entry for people who mean, we’ve got enough smart people want to start litigation during this b 2030 in our government that could stream- process. line this process some to bring it Mr. WESTMORELAND. I want to In 1992, the Democratic majority ex- about, and I know that the gentleman’s thank Mr. BARTON from Texas for tended the leasing process from, I be- in favor of that, and I look forward to doing that, and I will have to give Mr. lieve it was either 3 or 5 years to 10 working with you and Mr. BARTON to ALTMIRE the credit for persuading years. And so I think a Democrat ma- be able to streamline this so we can get Speaker PELOSI for allowing us to do jority realized that this was a very bur- production on the ground quicker. that, and I want to thank the gen- densome process and could not be done Now, let me say that, you know, tleman for his willingness that we can in the time period that these oil com- being from an agriculture State in do this and have a good discussion. panies have been given and extended it Georgia, there’s certain areas of the And while we’re doing this, I would to 10 years. State that we grow apples. There’s cer- like to ask Mr. RAHALL one question: So, you know, I just think that when tain areas of the State that we grow Can you identify any lands which are we talk about 68 million acres, out of cotton. There’s areas of this country leased and are not being developed and the 2.5 billion acres that are available that produce more corn than other currently who is not developing lands that we could be drilling in, that it’s areas, and you wouldn’t plant corn, that they had leased? not fair to say that, you know, use-it- let’s say, in the north Georgia moun- Mr. RAHALL. We have that on a map or-lose-it, when the people that have tains because you wouldn’t get near as on where these lands are located. I’m leased it are somewhere on this chart good a yield as you would maybe in Ne- not sure I have it here or not. But it trying to make this land that they braska or somewhere else. has been made a part of the packet of have leased be productive for U.S. oil At the same time, out of 2.5 billion information that our Committee on production. acres of land, and knowing the area Natural Resources did send to all Mem- Mr. RAHALL. Well, I would respond that’s in the ANWR, and knowing the 2 bers at one point, and now as far as to the gentleman that, again, as I’ve trillion barrels of shale that are out naming a specific company, I can get said, if they are moving toward produc- West that we know are there, why that information. I don’t have it read- tion, that’s due diligence. wouldn’t we open those up and give ily on me, but it’s a matter of the pub- Mr. WESTMORELAND. I understand. companies an opportunity to go out lic record because, as the gentleman Mr. RAHALL. And our legislation there? And it would not take 22 years from Texas has already said, when they would not take that lease away from to increase our oil production in some go through the competitive bidding them, and you’re right about the 10 of these areas, and later on, we’ll be process to obtain the leases on the 68 years. showing a map of how much quicker I million, of course, that’s public knowl- Mr. WESTMORELAND. But I do think we could get this oil into our re- edge, and these are public lands. think if you do say the 68 million acres fineries, which brings up another point, Mr. WESTMORELAND. I guess I may out there, that they need to either use and then I will sit down because the not have posed my question just ex- it or lose it, and the reality is that gentleman from Texas has been so kind actly right, but my question would be they’re trying to use it. They’re just in to yield. to you, this is a 10-year process. This is some part of this process, and you But the other thing we need to talk a 10-year process, and I’m assuming know, even if it’s the Corps of Engi- about tonight I think is the increased that each acre of land that has been neers, I know there’re several sites refinery capability and the fact that, in leased, by whoever leased it, is in some where the Corps is actually being sued, our country, we’ve not built a refinery part of this process of obtaining pro- and these companies have to wait on in 30 years. And we are right now im- duction or getting permits in order to the Corps to work through their law- porting almost 7 billion barrels of re- produce. And my question is, do you suit before they can get back into the fined gas into this country and about know of any of the 68 million acres permitting process. And then there’s the same amount of refined diesel. So, that are not in some process? other stumbling blocks that they have with that, I will sit down. Mr. RAHALL. If they are, I cannot to go through. Mr. STUPAK. Would the gentleman name a company that’s not in any But I just find it interesting that the from Texas yield on that point? process at this point, but if they are in Democrat majority in 1992 was the one Mr. BARTON of Texas. I would be the process, that’s due diligence. that extended this to 10 years because happy to yield to the gentleman from Mr. WESTMORELAND. Okay. they understand that the trouble and Michigan (Mr. STUPAK). Mr. RAHALL. Oh, I’m sorry. Here, the amount of paperwork and filings Mr. STUPAK. I thank the gentleman. leased land not producing is the red. and permitting process that you have I just want to make a couple of Mr. WESTMORELAND. I understand to go through, and then the same party points. Mr. WESTMORELAND seems to that they are not producing, but is would come back and say, well, there’s indicate that if we would just increase there any—— 68 million acres out there that they’re drilling somehow, we would increase Mr. RAHALL. Oh, you’re saying not using and so, therefore, they need supply and everything would be won- they’re moving toward production? to lose it when they are actually with- derful. But as chairman of Oversight Mr. WESTMORELAND. Yes. in the law, within that 10-year period, and Investigations, we saw articles ear- Mr. RAHALL. If they are moving to- and as far as I know, each and every lier this year which indicated that re- ward production, that’s due diligence; one of them that have obtained the fineries were cutting back on their pro- they maintain their lease. lease are in some part of this process. duction. Mr. WESTMORELAND. So I guess Mr. RAHALL. Would the gentleman So myself and Mr. SHIMKUS from Illi- my question to the gentleman is that from Georgia not agree, however, that nois, the ranking member, we wrote to

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.098 H14JYPT1 erowe on PROD1PC71 with HOUSE H6460 CONGRESSIONAL RECORD — HOUSE July 14, 2008 the Energy Information Agency and Mr. WESTMORELAND. Well, there eries to do is refine enough for each asked them: What is our gas supply? are new standards, of course. day as we go along. And they did, and Take a look at the first 3 months of Mr. BARTON of Texas. Low sulfur we had more than the previous 5 years 2008, compare it to previous years. Is it content. The sulfur content of diesel. ever. So if this supply crisis, as you a supply-and-demand problem? Mr. STUPAK. And when did those seem to indicate there was, 5 years ago Now, it’s not a Democratic issue or standards come in? we should have seen it—4 years, 3 Republican issue. The Energy Informa- Mr. BARTON of Texas. They’ve been years, 2 years, 1 year. This is the most tion Agency puts forth these facts, and in place, and this is a guess, but about we’ve ever had, and they’re claiming here’s what they said. 18 months, 2 years. Don’t hold me to there’s a supply problem? Gasoline inventory actually peaked that specifically. Mr. BARTON of Texas. Well, if the on March 7, 2008, of 22 million barrels Mr. STUPAK. So, well, when the Re- gentleman would yield. more than March of 2007. Gasoline im- publican Party was in control then, in Mr. STUPAK. Sure. ports were higher than they’ve been in other words? There’s nothing I can Mr. BARTON of Texas. The gen- the last 5 years when we looked back. think of we did recently, and as the tleman has kind of outlined the prob- Gasoline demand in the U.S. is actually former chairman of the Energy and lem, but I don’t think he has really down eight-tenths of 1 percent. So you Commerce Committee knows, Mr. BAR- quite explained it. have more than adequate supply, the TON and I have done a lot of work on As he pointed out, demand for gaso- most we’ve ever had in this Nation’s this issue in the last 3 years. That’s line in the United States is going history, at 22 million barrels in March why I was surprised when you’re saying down—you said eight-tenths of 1 per- of 2007, more than what we’re using, new diesel standards. I wasn’t aware of cent, I accept that as a number. In but yet the price has still skyrocketed. any so it must have been something terms of barrels a day, it’s about a half Now, I think all of us, Democrats, that came back a couple of years ago a million barrels a day it’s gone down. Republicans, we’re all willing to put when you-all were in charge. Mr. STUPAK. Sure. more supply forward, trying to in- Mr. BARTON of Texas. I think Mr. BARTON of Texas. The price of crease production, and in the 2005 En- they’re being phased in, but they were raw material product has gone up, as ergy Policy Act, that Mr. BARTON led put into place several years ago. Again, you well know, because of all of the that Energy Policy Act, I was a con- I’m not an expert on when they kicked hearings you’ve done on the Oversight feree on, we streamlined a way for re- in, but it’s a very low sulfur diesel con- Subcommittee that you chair so well. fineries to produce more if they wanted tent. Now we have the cleanest diesel Mr. STUPAK. Sure. to. standards in the world. Mr. BARTON of Texas. So what But you see from the Energy Infor- Mr. STUPAK. I know Western Europe you’ve done is put our refineries in a mation Agency, the first 3 months of is very concerned about their diesel squeeze. The price they can get in the this year, there’s more than adequate standards. In fact, they have the clean market is going down because demand supply. When it comes to diesel, we ac- diesel, as we like to call it, here in Eu- is going down, and yet the price they tually exported 335,000 barrels out of rope and that’s why they rely more on have to pay for the raw material is this country to Western Europe and diesel than gasoline. So when we ex- going up. So that has really squeezed Latin America. port 92,000 barrels a day to Western Eu- their margin. And because we’ve devel- Mr. WESTMORELAND. You do real- rope, obviously that diesel is meeting oped this almost-just-in-time refinery ize that we changed the EPA or the their standards, which are probably system in the United States—again, clean air requirements for diesel. This higher than ours. I’m making that as- using your numbers, even though it’s diesel that we are exporting to Central sumption. at a 5-year high, and I accept that as a American countries, our government Mr. BARTON of Texas. Their stand- good number—it’s really only a two or will not let us burn in this country. ards allow more sulfur content than three day supply. Mr. STUPAK. I think the gentleman our standards do. Mr. STUPAK. Sure. And I thank the misunderstood. The diesel is produced Mr. STUPAK. Very good. But the gentleman for his comments because here in this country. We could have point being, on supply and demand, at he’s absolutely right. The refineries are used it here in this country because least when we look back at least the getting squeezed. In fact, some of the home heating oil took off. Home heat- first 3 months of this year, according smaller refineries are actually refining ing oil took off for the east coast. We to the Energy Information Agency, we diesel and gasoline at a loss because could have used it, but to keep that had more than enough gasoline, we had the base price of crude has sky- price, to artificially inflate the price of more than enough diesel, and it was rocketed. And as the gentleman is well home heating oil, we exported 335,000 just that we had to get that price up so aware because he has attended the barrels: 93,000 to Western Europe and we exported it. hearings we’ve held jointly when you 182,000 barrels per day to Latin Amer- Mr. BARTON of Texas. You said that were Chair, and now as I’m the Chair of ica. our inventory of finished gasoline O&I, it’s the excessive speculation. I So, I mean, we refined it, we pro- peaked at 22 million barrels; is that know that’s the second half of our com- duced it, we had it all right here. But correct? ments here tonight, so I look forward— what did we say? We can get a bigger Mr. STUPAK. More than the previous but the gentleman is right. And that’s buck overseas than to provide a service year, more than March 2007, that’s cor- why so many of the refineries and the to the American people. That’s what rect. Members who represent the oil patch happened, according to the Energy In- Mr. BARTON of Texas. Again, I could parts of our Nation have supported my formation Agency, not me, Energy In- be corrected, and if we were all on the legislation, the PUMP Act, Prevent the formation Agency. Internet, somebody could blog in and Unfair Manipulation of Prices, that Mr. WESTMORELAND. Well, we need tell us because there’s somebody out take out the excess speculation which to get with those folks and see if we there that knows exactly, but we use is causing the base product, crude oil, both can’t get the same answer because approximately 12 million barrels of oil to just skyrocket. the answer we’re getting is these refin- equivalent today for transportation So I thank the gentleman for his eries are only set up to refine this die- purposes, which would include gasoline comments. He’s right. I would agree sel to a certain point, and because of and diesel and I think aviation fuel. So with him. And later on we’ll get to talk the new standards implemented on die- 22 million barrels is not quite 2 days’ about speculation, and I look forward sel fuel for this country, that these supply. to the comments. fuels were exported to countries that Mr. WESTMORELAND. Would the can use that. b 2045 gentleman from Texas just yield for Mr. STUPAK. Let me keep saying, Mr. STUPAK. Sure. one minute? could you articulate these new diesel Mr. BARTON of Texas. And that Mr. BARTON of Texas. Sure. And standards which made diesel not usable sounds like a huge number. then I want to yield to Dr. GINGREY of in this country? What are those new Mr. STUPAK. And when you take a Georgia, but we’ll yield to Mr. WEST- diesel standards? look at it, what we expect our refin- MORELAND.

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.099 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6461 Mr. WESTMORELAND. I just want opportunity to drill on 2,000 acres—not ket. Are you going to do the same to point out to my friend that this 22 million—2,000 acres in the Arctic Na- thing with pork bellies and wheat and cause is not, you know, the spike that tional Wildlife Reserve, and to obtain corn and all these other things that are we usually see is not some type of tem- an equal amount, an equal amount of traded on the commodities market and porary disruption, but it’s a demand petroleum from that area without regulated by NYMEX? Are you going to from all over the world, not just this harming the environment. It makes no force them offshore by overregulating country, our demand has gone down sense to destroy 22 million acres for and interfering with the natural flow of some. It’s not just this country. But if the same amount of oil that you could market? So, you know, we have con- you look at China and Asia and India, get out of 2,000. But that’s another sub- cerns about that. their demand for this oil is going up ject, and I look forward as well to later But I don’t think that our side of the every day. And if you look at where the in the hour, when the gentleman is aisle has said, my colleagues, that world’s supply of these imports that going to talk about hedging and specu- that’s a nonstarter, that we won’t even come into this country, if you look at lation and, in his opinion, what effect discuss that. And yet your leadership, Nigeria, Venezuela, Saudi Arabia, and that has on the price of petroleum that Ms. PELOSI, the majority leader of the then if you look at our ability and all we’re paying. Senate, Mr. REID, has said drilling on the different types of untapped domes- The gentleman from West Virginia, the Outer Continental Shelf, where we tic resources that we have, we could the distinguished chairman of the Nat- know there are trillions of cubic feet of get over and help ourselves by pro- ural Resources Committee, was talking natural gas and billions of barrels of ducing this. earlier in his opening comments about oil, is a nonstarter. I think that’s just And so, just like you said, it’s not the fact that drilling on the Outer Con- totally wrong, that the American peo- just the supply and demand, it’s the tinental Shelf, which we had been pro- ple don’t want that. They want biparti- fact that we have to import all of this hibited from doing—thank God the sanship like we’re having here tonight when we have these untapped domestic President lifted that Presidential mor- in this discussion, this colloquy be- resources at our hand right here for us atorium, and now the only thing that tween the two sides. And I think we to use. And I think that’s the reason 73 is holding us back from going after can and should get together. percent of the American people are those 20 billion barrels of petroleum Mr. RAHALL. Would the gentleman saying, hey, look, use some of this and trillions of cubic feet of natural yield? stuff. gas is inaction on the part of this Con- Mr. GINGREY. I would be glad to And with that, I yield back. gress. yield to the distinguished gentleman. Mr. BARTON of Texas. I yield to Dr. Now, earlier the discussion was about Mr. RAHALL. I appreciate the gen- GINGREY—or I would be happy to yield this use it or lose it. The gentleman tleman from Georgia yielding. to Mr. STUPAK for a brief comment if from West Virginia talked about that a You’ve mentioned ANWR and how he wanted to make a comment. lot and said, well, you know, you’ve much is available from that pristine Mr. STUPAK. I don’t disagree with got these 68 million acres leased from environmental area. And again, I’m Mr. WESTMORELAND, what he had to say the Bureau of Land Management—by going to quote from that infamous En- there. The only thing I would say is the way, that’s out of 750 million acres ergy Information Administration of that’s why we are saying we’ve got 68 under the jurisdiction of the Bureau of which I’ve quoted earlier. million acres, let’s drill or not. Land Management. These oil compa- First, this is a quote from President You know, I come from northern nies, my colleagues, they pay for those Bush June 9 of this year, ‘‘I’ve proposed Michigan; we have no oil, we have a lot leases, they’re not free. And so they’re to Congress that they open up ANWR, of trees. And when you get a contract kind of betting on the come, they’re open up the Continental Shelf and give to cut timber on the Federal forest, hoping that their geologists will then this country a chance to help us you get your current year plus 5, if not, tell them that, yes, indeed, there is a through this difficult period by finding you lose that right. Because in order to certain amount of oil in that area of more supplies of crude oil which will grow our trees and have a prosperous land that they have leased. And if it’s take the pressure off the price of gaso- forest, you’ve got to prune it out and true, then they’re going to go after it. line. That was the President’s state- we have to cut. Same thing with oil. If If there is no oil there or if there is an ment on June 9. And his own Energy we want to access U.S. oil, why are insufficient amount of oil there and it’s Information Administration predicts they sitting on these leases when the not going to be productive to spend that the savings from drilling in ANWR leases have been approved for drilling that kind of money for a little amount would equal 1.8 cents per gallon in the and all the environmental standards of oil, then maybe they will sit on year 2025. And that, coupled with what have been met? And if supply is the those leases. And I would think that I said earlier—I think you were here— problem, as you claim—and I’ll grant they would probably gladly yield it about the fact that these areas that the you, that’s part of it—then let’s do it. back to the Federal Government—espe- President has lifted the moratorium on No more excuses, let’s drill. cially if they got a refund on their today would not produce any major You’ve got 22.8 million acres in Alas- money, they probably wouldn’t. savings or even produce any oil until 22 ka that can be drilled on right now, but But these same people that realize years from now, it is not going to give instead we seem to be focused on that right off the Outer Continental us the relief we need. ANWR. I’m not even talking about Shelf, whether it’s the eastern sea- And let’s not kid ourselves. I think ANWR, I’m talking about the Alaska board or the Atlantic or the Pacific or we all know in this body, both sides of Petroleum Reserve area, the Strategic the eastern part of the Gulf of Mexico this debate—or all sides of this debate Petroleum Reserve area, National Pe- where there are trillions of cubic feet I should say—that what we do in this troleum Reserve area. In Alaska, 22.8 of natural gas and billions of barrels of body is not going to bring down the million acres we could actually drill on petroleum, that’s the leases that they price tomorrow, next month, perhaps right now today, permits are approved, want, that’s the leases that they need. not next year. It takes not just in- everything is ready to go. Do it. Use it And it just is beyond my comprehen- creasing the supply side like you want or lose it. sion to understand why the leader of to do, like we want to do in our ‘‘use it Mr. BARTON of Texas. With that, I this House, Speaker PELOSI, would say or lose it’’ legislation—that’s a pro- would like to yield to the gentleman that is a nonstarter. drilling piece of legislation—but it has from Georgia, Dr. GINGREY. Now, we could stand here on the Re- to be followed with follow-up efforts in Mr. GINGREY. I thank my colleague publican side of the aisle and say to the developing all, renewable and alter- for yielding. gentleman from Michigan and others native, fuels, which includes coal to I just want to refer back to the state- who are concerned about noncommer- liquid—— ment the gentleman from Michigan cial speculators and what effect that Mr. GINGREY. Well, reclaiming my just made in regard to the 22 million might have on the price of a barrel of time from the chairman—and I don’t acres in Alaska that you could now petroleum, we could say, well, you disagree with his last statement, it will drill on, yet our Democratic col- know, for us that’s a nonstarter; or certainly require a comprehensive ap- leagues, our friends, are denying the you’re interfering with the free mar- proach; there is no doubt about that.

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.101 H14JYPT1 erowe on PROD1PC71 with HOUSE H6462 CONGRESSIONAL RECORD — HOUSE July 14, 2008 But the gentleman from West Vir- gan can get our distinguished Speaker Mr. BARTON of Texas. Mr. Speaker, ginia has said repeatedly tonight that to put an ANWR bill on the floor and I would like to yield to the distin- opening up these reserves, whether it’s let everybody have a free vote, I think guished doctor from Georgia, Dr. TOM the Arctic National Wildlife Reserve, I can guarantee you that we are willing PRICE. where we estimate that 1.5 million bar- to restrict that oil and gas to be used Mr. PRICE of Georgia. I thank the rels a day increased production, in- in the Continental United States or at gentleman for yielding. creased domestic production—I men- least Canada and the United States and And I want to thank all of my col- tioned the numbers for the Outer Con- Mexico, at least in the North American leagues for working together to bring tinental Shelf in regard to natural gas Continent. If you can get us to get a this evening to reality because I think and petroleum, and your response, your vote on the drilling, I would bet we can it’s what the American people want, statement earlier was that, well, if you get a restriction that meets your re- and that is a discussion about what’s did that tomorrow, if you started that quirement. going on. tomorrow, it would be 2030—I think Mr. RAHALL. I’d vote for that. Mr. Speaker, we have talked about you used that date—before any produc- Mr. BARTON of Texas. We will be the need for increasing supply, and I tion of oil would be seen, and therefore, happy to take that deal. appreciate my friend from New York’s that’s not going to solve the problem. And now, Mr. Speaker, I want to saying that the SPR ought to be re- Yet your colleague from Michigan is yield to the distinguished gentleman leased because what that argument sig- going to tell us in a little while how from New York (Mr. HALL). nifies is an appreciation that supply is Mr. HALL of New York. I thank the important it is to rein in these non- important. And supply is important. gentleman for yielding. commercial speculators because just And that’s what the American people Just briefly, I trust that you would understand and appreciate. They know the anticipation causes the price of oil offer a motion to recommit to do just to go up or down. that when there’s an increase in supply that. that there’s a decrease in price. And what I want to say to my col- Mr. BARTON of Texas. Let’s get to We have talked about how much of leagues is that it might take 5 years, 10 that point, and we’ll work. We’ll talk. years, possibly 15 years, depending on Mr. HALL of New York. But I would the Outer Continental Shelf has been where you’re going after the source. just point out, going back a little bit, utilized, and different maps and dif- Certainly, mining shale out in the this map that I was holding up for ferent charts do different things and demonstrate different things. This is a west, where we could get 1.5 trillion Chairman RAHALL, the more inter- barrels of petroleum, may take a while. esting thing about this map, and I hope pie chart that demonstrates that the But just the fact that we’re doing these it shows up on the cameras, is that the dark purple area is the portion of the things in a comprehensive way and purple sections here are all Federal Outer Continental Shelf that is able to we’re increasing the domestic supply, I land that may be leased and has not be leased. And 97 percent is not, 97 per- will almost guarantee you that over- been offered to lease. Now, I suggest cent is not right now. night the price of a barrel of crude that the Department of Interior ought And that’s what the American people would drop by 20 percent. to take that—that’s most of these see. They see that we have got all sorts Mr. RAHALL. Would the gentleman areas. The red is the part that is actu- of wonderful resources that we ought yield on that point? ally producing. The yellow or orange is to be utilizing, American energy for Mr. GINGREY. I would be glad to the part that has been leased but is not Americans, that we’re not. The same yield. yet producing. But the purple, most of can be said for on-land areas that Mr. BARTON of Texas. It’s really this lower 48 or western half of the ought to be leased or could be available time to let the Democrats have some lower 48 on this map, land available for leasing. Onshore, the dark purple, 6 time. I think it’s the gentleman from currently for leasing that has not been percent is that area that is able to be New York’s turn. leased; so I would just urge that it be leased right now for oil and gas devel- Mr. RAHALL. Just very quickly I leased. No Democrats that I know are opment, and 94 percent is not. And I would say to the gentleman from Geor- opposed to leasing, counter to what- think that it’s imperative that we con- gia about causing the speculation to ever may have been implied out there. centrate on that area that could be uti- end and go the other way, all these ef- I just want to mention that the one lized by Americans. Americans are forts would help, I don’t deny that, but thing we can do that will have an im- frustrated because they understand and I think the most immediate efforts, mediate impact, and we’re talking 5, appreciate that we’re not using the re- what the gentleman from New York is 10, 15 years, maybe 20 years out before sources that we have. going to get into now, Mr. HALL, and ANWR or OCS has an impact, depend- My friend from Michigan talks about that is releasing from the SPR. We ing on whom you listen to, but the one the fact that we have got more than have it, let’s use it. This is an emer- tool we have, that the President has, enough supply. I would suggest to my gency. And I think that is going to which was used by the first President friend that Americans don’t believe we show the speculators we’re serious and Bush in 1991 and again by President ought to be gaining 70 percent of our that’s going to stop the speculation. Clinton in 2000, is the SPR, releasing supply from foreign sources. I would Mr. BARTON of Texas. I yield to the oil from the SPR to increase supply. In suggest to my friend that Americans gentleman from Michigan briefly and 1991 it resulted in a price drop of $8 per want to utilize American resources for then the gentleman from New York. barrel, and in the year 2000, it brought Americans and that that’s the kind of Mr. STUPAK. Very briefly, I would down the price of oil by nearly 20 per- work that they would appreciate our just ask, whether it’s ANWR or the Na- cent in a week. So I’m not saying it’s doing together on this floor, as we’re tional Petroleum Reserve in Alaska, the answer. I’m saying that it’s a tem- discussing tonight. would the other side, would the minor- porary thing and it’s a tool that was So I hope that as we move forward ity side agree and put into the legisla- given to the President by the Congress this evening and talk about these tion that all oil or gas discovered there to deal with crises, which I believe issues that we identify that available or produced there would come strictly were in one now, as our people are tell- energy, the resources that we have to the United States? Because what we ing us. that are available to Americans. We see in ANWR and Prudhoe Bay, that oil All of us at home are hearing the don’t have to worry about Hugo Cha- goes around Laotian islands, it goes to same thing, I think, be it from parents vez. We don’t have to worry about folks Japan and China because it’s actually driving their kids to school, com- in the Middle East. We don’t have to be closer and they get a higher price. muters going to work, school systems held prisoner of folks that, frankly, So will you say that the oil in Alaska that are barely able to afford to keep don’t like us very much. We can utilize will come for U.S. citizens to be used their school buses running, whatever it American resources for Americans. for American energy? is, we need to provide immediate in- And I hope that as we move forward in terim and long-term solutions. And one this discussion over the next couple of b 2100 immediate thing that I think we weeks that we’ll concentrate on that Mr. BARTON of Texas. Reclaiming should consider is releasing some and have that as the hallmark for our my time, if the gentleman from Michi- amount of oil from the SPR. solutions.

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.102 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6463 And I thank my friend for yielding. about. But this is not about a tool; it’s about, which is taking oil currently Mr. BARTON of Texas. I think my about the legislative process and how sitting right now available in the Stra- friends on the majority need more we get a job done. tegic Petroleum Reserve and putting it time. I would be happy to yield to my We have seen tonight and, Mr. Speak- immediately in supply on the market. I friend from Pennsylvania. er, I think the American people have think you see us talking about what Mr. ALTMIRE. I thank the gen- seen tonight that there are so many Mr. STUPAK will talk about, which is tleman from Texas. conflicting reports that we need to going after the very place in which the We’re about to enter the transition, have committee hearings. We need to price of oil is actually set. As much as and I would just like to enter into a go through regular process so we can we talk about the oil companies and re- colloquy with the gentleman to clarify debate these bills on the floor. tailers, what it really comes down to is what subject matter those who are The last comment I will make, in the price of a barrel of oil is set on a here—I see some new faces. Mr. BURTON 1995 President Clinton vetoed drilling minute-by-minute, hourly basis on the from Indiana has come. We have Mr. in ANWR. By today’s projections from commodities markets, the regulated/ MURPHY from Connecticut, who is Energy, they said that we would be unregulated markets. I think you see going to speak next for us. Are we getting 1 million barrels of oil a day us talking about those areas more than going to continue talking about the today. That was 13 years ago. We would we talk about the subject that, quite drilling issue and continue along this be getting 1 million barrels of oil. And honestly, occupies most of the time of vein? quoting Senator SCHUMER, from the our friends on the other side of the Mr. BARTON of Texas. I didn’t know other side of the aisle, he said an addi- aisle because we see that as the means that we had a specific agenda, but cer- tional 1 million barrels of oil a day pro- to immediate relief. I mean there is ab- tainly—— duced in this country would lower gas solutely a conversation that should Mr. ALTMIRE. I just want to make 50 cents a gallon. have occurred a long time ago and sure the Members that are here get to So the gentleman from Texas sees needs to occur right now to take this talk about what they’re here to talk these things, that we need to go crisis that families are feeling and turn about. through regular order and let your it into a long-term strategy both on Mr. BARTON of Texas. It’s going to Committee on Resources have some the demand and supply side, changing be energy focused. You’re about to con- input. the amount of supply and the very na- trol the time; so you will be able to set f ture of the supply, changing the that agenda. But we’re willing to talk amount of the demand and the nature ENERGY about anything. of the demand, to try to make sure Mr. ALTMIRE. It’s our intention to The SPEAKER pro tempore (Mr. that we don’t get into this mess 5 years continue this discussion. If we’re able YARMUTH). Under the Speaker’s an- from now, 10 years from now. to transition, we certainly want to get nounced policy of January 18, 2007, the But what we hear I know is what you into the speculation issue with Mr. gentleman from Pennsylvania (Mr. hear. I mean this energy crunch STUPAK and Mr. MURPHY. And then Mr. ALTMIRE) is recognized for 60 minutes doesn’t discriminate based on the party HALL, I know, wants to talk about the as the designee of the majority leader. you’re registered with. Whether you’re Strategic Petroleum Reserve. Mr. ALTMIRE. I would ask the gen- a Republican or a Democrat, you’re Mr. BARTON of Texas. We are will- tleman from Georgia (Mr. PRICE), is it paying the same prices in the Fifth ing to talk about all those subjects. your intention to continue the discus- District of Connecticut and Texas and Mr. ALTMIRE. For the next hour, sion that we are in right now, or are in Georgia and all across the rest of that’s generally what we have in mind. you waiting on a different subject? this country. People are saying to us Mr. WESTMORELAND. If I could use Mr. PRICE of Georgia. No, I am get us relief today. these last few minutes to kind of pleased to continue the discussion on So my estimation of why we have a straighten out a few points, at least energy and whatever aspect of it you disagreement at the very least on my opinion. would like to discuss. where the issue of drilling should fall Mr. RAHALL mentioned that the ‘‘use Mr. ALTMIRE. So, Mr. Speaker, here on the priority list is because we just it or lose it’’ legislation was pro-drill- for the next hour, this is where we haven’t seen the evidence yet that ing. And I had the chart up, and I would like to lead this: We will con- shows that this idea that drilling that thought we were in complete agree- tinue talking about the domestic pro- will reach peak capacity in 20 years ment that the 68 million acres that are duction issue; then we will transition and may not start for another 6 or 10 leased are in some process of permit- into the issue of speculation in the years is going to actually lead to lower ting. So that is not a pro-drilling bill. market. prices tomorrow or next week or the If it was a pro-drilling bill, then what But at this point I will yield to my next month. we have done would have been to re- friend from Connecticut for continuing Now, Mr. RAHALL is right. We don’t duce the regulations to allow this to this discussion, and then we are going have all these tools at our disposal. We speed up. to start the transition. So for those of want prices to come down $2 by sunrise And let me say this. We have not ex- you on that side of the aisle who want tomorrow. It’s not going to happen, ported any Alaskan oil in 8 years. And to wrap up that discussion, please feel and we don’t have the ability in this what this brings to highlight, and I free to talk as long as you want about Congress to make all of those big, hope the gentlemen from Michigan and that. But it’s our intention to then broad, short-term changes. But what Pennsylvania will take note of this and move into the market speculation we are looking at is evidence that does the fact that we have had so many con- issue. not suggest that increased potential fu- flicting facts here. This is a good rea- Mr. Speaker, I yield to the gentleman ture supply is going to lead to lower son that we need to have committee from Connecticut. prices today. I mean just look at what hearings, subcommittee hearings, com- Mr. MURPHY of Connecticut. I has happened over the last 6 years mittee hearings, and open debate on thank my friend from Pennsylvania alone. We have seen a 361 percent in- this floor. The energy bills that we and our colleagues from the Republican crease in drilling permits. Now, there have passed so far have come under side for getting together and engaging is no correspondence between that 361 suspension. So there have not been any in what has probably been one of the percent increase in drilling permits committee hearings on it. more productive dialogues that we and the price of oil. Speaker PELOSI said, ‘‘We are trying have had in at least my short time here Take a very specific example that we to get the job done around here.’’ This in this House. all read about just within the last 12 is her defending the use of suspensions. I guess I wanted to offer just a few months and look and see how the fu- ‘‘And we work very hard to build con- brief comments as a means to pivot to tures markets responded to it. In No- sensus, and when we get it, we like to this next conversation because I think vember of last year, news came of po- just move forward with it, as we did on that you see Democrats, the majority tentially one of the most important oil the Medicare bill,’’ which was a suspen- party, focusing so much of our time on field discoveries in the last decade, the sion bill we don’t even need to talk the issue that Mr. HALL will talk Tupi field off the coast of Brazil. We

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.103 H14JYPT1 erowe on PROD1PC71 with HOUSE H6464 CONGRESSIONAL RECORD — HOUSE July 14, 2008 don’t know how much is there, but the tleman referring to the big oil find off some competition for oil, which, by the estimates already are you potentially the coast of Brazil? way, I think we should get to. Because have 8 billion to 10 billion barrels. You Mr. MURPHY of Connecticut. That is what we’re really faced with here is would expect, by the logic that we hear correct. we’re talking about drilling and drill- here, that that immediate notice of Mr. BARTON of Texas. There are sev- ing and where we’re going to drill and more supply around the corner with a eral things about that. We’re not sure what kind of oil and how much sulfur, government—there’s no permit con- that we have the technology right now and is the diesel going here or is the testing here. There’s no political prob- to develop that field. We certainly diesel going there? lem that we may have in other coun- don’t have the infrastructure in place But we’re still talking about being at tries. The Government of Brazil’s ready to produce it or to transport it com- the mercy of oil. And I think ulti- to go. So we have got 8 to 10 billion pared to up in Alaska where ANWR is mately this conversation has to come barrels, and what do we see happen in within 200 miles of the trans-Alaska oil around to breaking the monopoly, the world markets? Within 14 days the pipeline that is currently over at half energy monopoly, that oil has in this price doesn’t go down, it goes up. capacity and where, as Chairman RA- country. Mr. GINGREY. If the gentleman from b 2115 HALL pointed out, we certainly would have to go through the permitting Pennsylvania would continue to yield Within 6 months, a $13 increase in process if we were to decide you could to me to ask a question of the gen- the price of a barrel of oil and in 9 drill in ANWR. tleman from New York. The gentleman months as we stand here today a $55 in- But I have talked to some of the ma- from New York said, well, he wasn’t crease, the biggest oil field discovery jors in this country. And they believe if sure, but maybe anywhere from 30 to 50 that many of us have seen in the time we really adopted an expedited process million barrels would be released from that we’ve been in government service for the permitting process, they could the SPR, Strategic Petroleum Reserve. and the theory that that should lead have production of about 300 barrels a The purpose of that reserve is if the immediately to the market’s respond- day within 3 to 4 years, and they think countries that hate us, and certainly many in the Middle East and Venezuela ing with oil prices decreasing doesn’t they could ramp it up to about 1 mil- do, if they cut off the supply of oil to happen. And so I think that is just a lion barrels a day or more within say 5 us tomorrow, we’re talking about means of explaining why the oxygen on to 8 years. this side of the aisle gets spent on So it’s good news if Brazil has done about 12 million barrels a day, about 12 issues that Mr. HALL will talk about what it has done. But because of where million barrels a day that we would not and Mr. STUPAK will talk about, the that find is and how deep the water is have of the 22 million that we need. So releasing 30 to 50 million barrels of oil SPR and the commodities trading re- and some of the technological issues, from the SPR would do nothing. And form efforts. Because we see that as it’s not quite an apples-to-apples com- the purpose of the SPR, of course, is if the most effective means toward imme- parison. diate price relief. Mr. GINGREY. I want to ask my col- we do get cut off completely from 12 And I think if we had evidence that leagues if they would yield on another million barrels of oil a day, we literally the markets have responded in a dif- point the gentleman from Connecticut have about 60 days to utilize the SPR, ferent way in the recent future that po- and then that is all gone. And it’s dur- made, and that is, again, in regard to tential future demand with increased ing that period of time, of course, that the Strategic Petroleum Reserve. Now oil permits leading to lower prices or we would need to negotiate with these it’s my understanding that in that re- new discoveries leading to lower prices countries and bring whatever power to serve we currently have about 750 mil- maybe there might be a different dis- bear that we need, hopefully diplo- lion barrels. Is that what my col- cussion here. But the fact is that we matic, to free the flow of that oil back leagues agree on? And what would you haven’t seen that kind of response. So up. So that is why we say on this side suggest should be the release? How I just offer that as a means to pivot on of the aisle we can ill afford to release much of that 750 million barrels would to some of the conversations that we any of the SPR because of price manip- you suggest? And as my colleague from will have on our side of the aisle. Be- ulations in the market. cause I think that is part of the expla- Texas points out, we would have to Mr. BARTON of Texas. If it’s al- nation as to why you say see a dif- change the law. That would be some- lowed, could I give a factual presen- ference in focus. thing that we could enact by legisla- tation of the Strategic Petroleum Re- And I would be happy to yield. tion here in Congress. How much of serve? Mr. BARTON of Texas. Would you that oil would you release? We have a little over 700 million bar- like a response to some of that? Mr. HALL of New York. Well I think rels in the reserve. I think the average Mr. ALTMIRE. I yield to the gen- that is a subject for some discussion. acquisition price is less than $30 a bar- tleman from Texas. And perhaps somewhere between 30 and rel. They have the capacity to produce Mr. BARTON of Texas. I want to 50 million barrels would be a good up to 6 million barrels a day at max- make a couple of responses. First, we starting point. imum production from the reserve. will talk about the Strategic Petro- But the most interesting thing about That then leaves at least 2 weeks to leum Reserve. it is that it’s one of the few invest- gear up to do that. World markets Under the current law, the Strategic ments the American taxpayers made today are about 85 million barrels of Petroleum Reserve cannot be used to that has more than doubled in value. In supply and about 84 million barrels per manipulate or impact prices. It is spe- other words, it was bought at less than day of demand. To really impact the cifically in the law. It would take an $50. Most of the oil there was bought at price by releasing oil from the Stra- act of Congress to change that. Under less than $50 a barrel and then would be tegic Oil Reserve, most experts think current law, the President has to find sold for whatever it’s going for, $130 or you would have to release at least 2 a, has to issue a finding, a national $140, the current value. So there’s a big million barrels per day. And at that emergency on supply that affects the mark-up. And there is an opportunity rate, you could release it for a year ap- economy of the United States. I think not only to provide supply, to loosen proximately, and then you wouldn’t as has been pointed out by Mr. WEST- up the supply-and-demand equation, have any oil. MORELAND, that would certainly be a but also to use the proceeds from that So again, it is worthy of a hearing. hearing that would be worthy in the for some important things such as But I would be very careful about Oversight subcommittee of the Energy compensating those who are hurt the changing the law to allow the SPR to and Commerce Committee, perhaps in most. In the northeast with home heat- be used for price alleviation. It was a the Natural Resources Committee that ing oil this coming winter, there are bipartisan agreement in the 1970s. It Chairman RAHALL chairs. But under many people very afraid about paying requires a Presidential directive of a current law, we would not be allowed $6 for home heating oil, truckers who national emergency because of supply to release oil purely to help alleviate are paying exorbitant amounts for die- interruption that is of severe harm to the pricing situation. sel, or people on low incomes who can’t the American economy. That is the On the issue of this big oil field, I deal with this, or for that matter in- standard for release from the SPR wasn’t listening closely, but is the gen- vesting in some alternatives to provide today.

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.105 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6465 So to have a real price impact, given 3 years. If it’s a full-time resident, it what we are going to do to protect this that the world market in oil is fun- will pay off in 3 years. If it’s a part- country strategically in the event of a gible, you would probably have to re- time weekend or summer home, it may conflict during this transition period. lease about 2 million barrels a day. And take 7 years. But these are the kinds of And that is why I think that this bi- if you did that for the entire amount of things that are here today. And it’s not partisan group that started meeting to- oil, you would have not quite a year’s rocket science. It’s plumbing. And it’s night is talking about trying to get ev- supply. common sense. erybody together to come up with a Mr. HALL of New York. If the gen- And we need to do this because we’re comprehensive plan to deal with the tleman would yield back. at the moment an oil-based economy, energy problem and the gas prices, that I would just comment that it’s likely especially for aircraft. There is no get- we look at that. We look at the prob- should the countries that don’t like us ting around liquid fuels. You cannot fly lems that occur not only today but and would theoretically cut us off in a a hybrid plane any time soon. But what might occur a month from now, 2 crisis would look elsewhere to sell there are many other places that we months from now, 1 year from now, or their oil, and the oil would probably go can find other fuels and other sources 3 or 4 years from now. on the world market to other coun- of power, not only for transportation b 2130 tries, to China, to Asia and so on and but for heating and cooling our homes would provide slack in the system And during this period of transition and our businesses and free up the oil when we want to move to cleaner-burn- overall worldwide which would enable for the purposes that we really need it us to buy similar quantities of oil from ing fuels, we need to have the energy for. here in America. I appreciate every- other sources. This is all speculation I yield back to the gentleman. thing that you are bringing up, but I on our part. Mr. ALTMIRE. I see several of my also am concerned about the security But I would just say that it’s not by friends from the other side who would of this Nation. And right now we are so any means certain that a cut-off of oil like to speak. dependent on foreign oil, if we have a from a certain country to us would I will yield first to Mr. BURTON. mean that we would not be able to get Mr. BURTON of Indiana. I won’t problem in certain parts of the world, the same amount of oil elsewhere. speak very long. I appreciate the gen- we will have an even higher price for a gallon of gasoline. That is why I be- Let me also say, because there was a tleman yielding. I really appreciate the lieve we should expand our drilling op- comment made before, just continuing information that my Democrat col- portunities out on the Outer Conti- on a couple of quick points, there was leagues have been bringing out night nental Shelf and ANWR. a comment made before, many com- after night on alternative sources of ments about how the American people I appreciate this discussion tonight. I energy. I just learned a little bit more think we should be doing this on a reg- are hurting, and one comment about about geothermal energy than I did, how the oil companies are being ular basis. and I would like to have that right Mr. ALTMIRE. I thank the gen- squeezed. I just wanted to show the next to my house. profits of the oil companies since 2001 tleman, and I know Mr. WESTMORELAND But the problem, as I see it right and Mr. PRICE want to speak on this climbing from $30 billion profit to now, is how do we deal with bringing $123.3 billion profit in 2007. And this is issue. I yield to Mr. WESTMORELAND. the price of gasoline down, and what do Mr. WESTMORELAND. I just wanted just from 2007 to 2008. we do in the case of a national emer- Here is an increase for another record to ask the gentleman from New York gency? year of oil company profits in the first one question. When he was talking The former chairman of the Energy quarter of 2008, $36.9 billion. So the about the profits for these oil compa- Committee, Mr. BARTON, was talking curve continues to go up even as the nies, are they making 50 percent profit about what would happen if there was gentleman from Pennsylvania said I or are they making 30 percent profit or an emergency and how we would utilize believe it was, or the gentleman from are they making 25 percent profit? this Strategic Oil Reserve. My concern Connecticut, we’ve had in the last 6 What percentage of their sales is that years I think a 361 percent increase in is what would happen if a major sup- profit? I am just curious to understand. the number of leases granted and 668 plier of the United States and the rest Mr. HALL of New York. I just know million acres, which is either in some of the world could not supply that oil? they have made the biggest profits in part of the permitting process or has Right now, and I spoke about this the the history of any corporation in the not yet been drilled on, but is available other night, there is a lot of unrest in history of the world, and that the CEO for drilling in the lower 48 and adjacent the Middle East. There is concern got a pension of $400 million. There are offshore leases. No matter what we do, about Iran developing a nuclear weap- certain things that to the American the oil companies continue to make on. And they have been working on a people look excessive. I can’t tell you record profit among record profit. program for some time. Israel just flew whether they are. All I can say is what So against that backdrop, I think it’s a mission the other day about 2 weeks it looks like, and I can say that my really important to consider such ago where they had over 100 planes fly sympathy for the oil companies is not things as the geothermal system. I was the length down the Mediterranean at a very high level. Hence, my likeli- personally in the trench next to a that it would be to fly from Israel to hood to pursue use it or lose it. If you house that was being built, fastening Tehran. And so there is the possibility are sitting on 68 million acres, some of these loops of hose, of plastic piping, that none of us want to see occur where which may be in the process of being that is going to carry a glycol water there could be a major confrontation developed, but my understanding is mixture 6 feet underground and enable over there. that all or most of it has passed the a 3,500 square foot house in Cold If you sink two or three ships in the permitting stage and is ready for the Spring, New York, to be heated and Persian Gulf in the Straits of Hormuz, drill bit to go in the ground, and the cooled for the cost of one 75-watt light you’re going to have a terrible problem drill bit is not going in the ground be- bulb. There are four buyers so far that in getting maybe 20 percent of the cause they are waiting for the drill have come to this development and world’s oil supply to market. And we rigs, they don’t have enough offshore have been offered a house. I think the get a lot of our oil from there. exploration ships. They have enough base price of the house is $350,000. In And so I think we ought to look at money to buy the company that makes that part of New York, it’s expensive. the long-term problems that we face in the drill rigs. Most of these oil compa- And that is what they’re offering these this country while we’re converting to nies have more money than most coun- homes at. Or they can pay the extra other forms of energy, which I agree tries have. When you are floating that $15,000 up front for geothermal heating with you we should be doing. But oil is kind of money, I think there may be and cooling. And all four of the buyers going to be with us for a while. And another incentive at work which is have come in with today’s price of en- we’re going to need that energy, as you where is the oil worth more? Is the oil ergy and said, we will take the geo- said, for aircraft, transportation, for worth more left in the ground or thermal. trucks and other things as we make pumped and sold into dollars because And the estimates of the company this transition. And during that period the dollar is going down. You can’t in- doing the work is that it will pay off in of time, we need to be thinking about vest it in real estate right now because

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.107 H14JYPT1 erowe on PROD1PC71 with HOUSE H6466 CONGRESSIONAL RECORD — HOUSE July 14, 2008 that is going down. If you put it in the My point would be that we on this clearly think that people can under- stock market, you are taking your side believe we ought to have a com- stand the difference. One of the reasons chances. A financial analyst inside one prehensive solution, that it ought to we are talking about the urgency, as of these oil companies may look at the include all of these things, and all of Mr. STUPAK will about affecting the choices and say, let’s leave it in the these things means utilizing more of commodities market, when you are ground. Let’s acquire more and more the supply that we have, American sup- talking about a speculative bubble on a leases and pump it in 5 years when it is ply, whether it is offshore, whether it commodity like oil, which is dependent worth more. I want to be sure that is is deep-sea exploration, or whether it is on whether people can heat their not the incentive that is driving this. on-shore exploration. Or oil shale. homes in winter and stay alive and get Mr. WESTMORELAND. I don’t think We haven’t talked about oil shale at to work on a daily basis, that the ur- anybody has any sympathy for oil com- all, and I think it is a bit of a transi- gency about bringing down that specu- panies, and I’m not trying to say that tion into the speculation discussion be- lative bubble is imperative on this they do. I’m trying to ask, do you cause oil shale has been taken off the body. know if they are making 50 percent table earlier by the new majority. And So I think the reason you hear so profit, 30 percent profit, 20 percent oil shale is, as many of my friends much commotion about bursting this profit, 10 percent profit? What percent know, estimated to have 2 trillion bar- bubble, and I wasn’t here during the profit are they making that relates to rels of oil. That’s a hard number to get height of the housing and the height of these high numbers? Is there a percent- your arms around. But when you look the dot-com bubble, but the reason we age of profit on there that they are at in perspective, 1 trillion barrels of are talking about the urgency of press- making? And what percent of profit is oil is what the entire human popu- ing government action to bring down too much? lation has used since we began using the price to something that resembles Mr. HALL of New York. Well, that is fossil fuels. And we, America, have 2 the laws of supply and demand is be- a very good question, and a philo- trillion, estimated to be 2 trillion bar- cause of the life-altering nature of the sophical one, I might add. rels of oil in terms of reserves. product that we are talking about. I would say your colleague, the gen- I do know when you take that kind of Mr. ALTMIRE. We have approxi- tleman from Oregon (Mr. WALDEN) who supply off the table, the speculators, mately half an hour remaining in the sits on the Energy Independence and those who look at how much reserve, debate. Global Warming Select Subcommittee, how much supply is out there in the At this time I yield to the gentleman asked the five CEOs of the biggest com- world, when we as the government take from Michigan (Mr. STUPAK). panies when they came in, and I am that off the table, that immediately Mr. STUPAK. Before I get into specu- paraphrasing Mr. WALDEN, he said, I jacks up the price because that is not lation, because we want to address am a small businessman, I am a capi- even there. That is not even there to be speculation, but because my friends on talist, I believe in making a profit, but talked about or utilized. your side keep saying it is only an 8- at what point when you have made big- So I look forward to the comments of percent increase in oil company prof- ger profits than you have ever imag- my friend from Michigan about the its. I agree, it might be 8 percent from ined, breaking your own record for 3 issue of speculation because I think 2006 to 2007, but when you make $118 years in a row, is there some point that we would again give the message billion, the most ever of any corpora- where you would think about lowering that we are interested in talking about tion, to top it the next year is pretty your price to your customers? Is there all of these things and having a com- darn hard. ever a point where you feel that way? prehensive solution. But 8 percent on $118 billion is $123 Mr. WESTMORELAND. If the gen- I would hope that our friends on the billion, where 5 years ago they were at tleman would yield, and I don’t know if other side of the aisle are also inter- $30 billion. They doubled it in 2003 and you have a list or what, but it is a sim- ested in a comprehensive solution and went to $60 billion. That is a 50 percent ple question. Do you know what per- not a targeted solution that picks win- increase. Then you go to $82 billion, cent of profit the chart represents? ners and losers and picks friends and and I am no math major, but that is Mr. HALL of New York. No. What punishes enemies from a governmental about a 25 percent increase. And then this chart shows is all profit. I don’t standpoint. from $82 billion to $109 billion, that is know what percentage that is, how Mr. ALTMIRE. I yield to the gen- a 20 percent or 21 percent increase. And much deeper the iceberg goes below the tleman from Georgia. then $118 billion, I guess they had a bad starting point, but these columns stand Mr. GINGREY. I think the gentleman year, they only made $8 billion more for profit. from New York had to step off the than the previous record year. That And I think when national interests floor, but his chart is still up there and might be 8 percent. conflict with corporate interests, that it says ‘‘oil companies reap record prof- But look at these numbers, they are is when government needs to step in. its during the Bush administration.’’ staggering. They are absolutely stag- The question is, are we at that point? Now, my colleague from Georgia (Mr. gering. That is why we think on this Mr. ALTMIRE. I yield to the gen- PRICE) pointed out it is about 8 percent side of the aisle you have to have a tleman from Georgia. per year. Many of our parents and short-term policy and a long-term pol- Mr. PRICE of Georgia. I thank the grandparents have stock in oil compa- icy, and how to lower those excess prof- gentleman for yielding. nies, and they are glad that the compa- its from the $118 billion, or the $36 bil- Far be it for me to defend oil compa- nies are doing well. lion we have seen already in the first nies, but my understanding is that the But I wanted to point out during the quarter of 2008, there is just no way to profits in oil companies has been about Clinton years, during the dot-com justify the doubling of prices based on 8 percent for the past couple of years. years when profits were double digit supply and demand. Oil company prof- I don’t know what it ought to be, but I year after year after year, I never its are excessive, and we think specula- know how you figure that out in our heard my colleagues call for windfall tion is part of the reason. society, and that is you allow markets profits against these dot-com compa- Mr. PRICE of Georgia. If the gen- to work. I also know there are some nies, mostly out in California and Sil- tleman would yield, I agree those are significant increases, there are some icon Valley, and then the bubble burst big numbers. What those numbers major companies that are making 15 and the market corrected itself. And it don’t tell us is what kind of money and 20 percent margins. will do the same thing in regard to they used to invest and what those And the gentleman is right, it is a this. Oil companies will not continue margins were. And I don’t know the an- philosophical question, when should to make record profits forever. I want swer to that. the government step in. I think the my colleagues to put that in perspec- Mr. STUPAK. Cut the investment points that have been made are very tive. malarkey argument. This is profits. good points to talk about the strategic Mr. ALTMIRE. I yield to Mr. MUR- This is after you deduct your invest- petroleum reserve and to talk about al- PHY. ments. I don’t care if it is on geo- ternative fuel and conservation and Mr. MURPHY of Connecticut. I thermal or wind or solar, after you do geothermal and the like. wasn’t here during that time, but I do all of these and pay your executive a

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.108 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6467 $400 million pension, they still make So on June 23, as chairman of Over- up. Look at the track, look at the last $123 billion. I’m sorry, but I just can’t sight Investigations of the Energy and 5 years of gold how they go hand in find any sympathy in my heart with Commerce Committee, I held my sixth hand one over the other. What this those numbers. hearing on gas prices over the past 2 really means is that oil has been trans- Mr. PRICE of Georgia. If there were years, Fadel Gheit, the managing di- formed from an energy source into a fi- an investment of $120 billion, and I rector and senior oil analyst at nancial asset like gold, where much of don’t know what it was, then the mar- Oppenheimer & Company testified, and the buying and selling is driven by gin would be a percentage and that is I quote, he said ‘‘I firmly believe that speculators instead of producers and what you determine what the actual the current record oil price in excess of consumers. Oil has morphed, has profits are. $135 per barrel is inflated. I believe, morphed from a commodity into a fi- Mr. STUPAK. Of all of the corpora- based on supply and demand fundamen- nancial asset traded for its speculative tions in the history of the world, these tals, crude oil should not be above $60 value instead of its energy value. are the biggest after all of their invest- a barrel. Even the Saudi oil minister has ar- ments. We are at over $136 per barrel today. gued that high oil prices are due to ex- Mr. PRICE of Georgia. In absolute It should be no more than 60, says Mr. cessive speculation in the market. numbers, you are absolutely correct. I Gheit. In 2002, here is what is hap- Former Secretary of Labor Robert have no doubt about it. pening. Over here on the yellow side, Reich noted on National Public Radio a Mr. STUPAK. What I’m saying is these are the commercial hedgers. few weeks ago, the problem is govern- why don’t you invest more. What I’m These are the airline industries, these ment’s failure to curb excessive specu- saying in my role as chairman of the are trucking companies, these are the lation. Oversight Investigations Sub- Big Oil users. They want to hedge. Now, the Commodities Future Trad- committee, and for 3 years holding The blue area, pink area or blue area ing Commission has the authority to hearings in this area, let’s end the ex- here, purple area, that’s the non- set position limits and to take other cessive speculation in the market that hedgers. They have no interest in hedg- action necessary to curb excessive runs up the basic price of crude that re- ing; they are just in to play the mar- speculation. Unfortunately, they have sults in these record profits because ket. Sixty-three percent in 2000 were not done it. There are significant loop- corporations, not only do they have a legitimate hedgers, 22—about 37 per- holes that exempt trading from these responsibility to their shareholders, cent—were not. Come fast track April protections against excessive specula- they also have a responsibility to this 2008, the legitimate hedgers are down tion. You have the Enron loophole, you country to be a corporate citizen. to 30 percent, the swap dealers and the have the Foreign Boards of Trade, no Mr. PRICE of Georgia. And I agree. noncommercials, if you will, are 70 per- action letters, issued by the Commod- Mr. STUPAK. Because high energy cent of the market. ities Future Trading Commission. costs kill our economy. Every aspect of So what’s happened? By April 2008 You have the swaps loophole, you our economy is being strangled while the physical hedgers only controlled 29 have the bona fide hedging exemption. they make record profits and pay ob- percent of the market, those who real- While the recently passed farm bill scene pensions to their CEOs. ly do need the supply. What we now that both Democrats and Republicans So I believe one of the ways we can in know is that approximately 71 percent voted for and overrode President the short term bring down these prices of the market is taken over by swap Bush’s veto addressed the Enron loop- is take out the excessive speculation. dealers and speculators, a considerable hole for electronic trading, only for If you take a look at it, the Govern- majority who have no physical interest natural gas, a significant portion of the ment Accountability Office released its in the market. Over the past 8 years, energy continues to be exempt from report on the ability of the Commod- there has been a dramatic shift of any commodities future trade action to ities Futures Trading Commission to physical hedgers continuing to rep- curb excessive speculation. properly monitor the energy markets, resent a smaller and smaller portion of As I said earlier, for 3 years I have to monitor what they are making here. the market. looked at excessive speculation in the What they said, the GAO said they NYMEX, we have talked about the energy markets. In my latest bill to found that the volume of trading in en- that tonight, New York Mercantile Ex- prevent the unfair manipulation of ergy commodities has skyrocketed, ex- change, has granted 117 hedging exemp- prices, the PUMP Act, H.R. 6330, would ploded, especially after 2002 when we tions since 2006 for the West Texas in- end or take away all these exemptions, enacted the Enron loophole. termediate crude oil contracts, many to ensure that excessive speculation is The GAO also found that while trad- of which are for swap dealers without not driving these markets beyond the ing has doubled since 2002, notice that’s any physical hedging position. This ex- fundamentals of supply and demand. when the profits start doubling, in 2002, cessive speculation is a significant fac- We would crack down. The PUMP the number of staff to actually monitor tor in the price Americans are paying Act is the most comprehensive energy what is going on in the markets has de- for gasoline, diesel and home heating bill, and we would crack down on en- clined. oil. Even the executives of major oil ergy speculation through a bilateral If you take a look at this chart here, companies recognize this. trade, we would address that. We would if you will, this is the evolution of At a May 21, 2008, Senate judiciary take the Foreign Boards of Trade, and speculation, trading on west Texas in- hearing, Shell Oil President John we would clarify the CFTC’s jurisdic- termediate crude, average open inter- Hofmeister agreed that the price of tion over these Foreign Boards of est on NYMEX long and short posi- crude oil has been inflated, saying that Trade. The PUMP Act would give the tions. the proper range for oil prices should CFTC the authority over the ex- Between September 2003 and May be somewhere between $35 and $65 a changes, if they are using computers 2008, traders holding crude oil con- barrel. here in the United States, or they are tracts jumped from 714 to more than 3 In May of 2008, the IMF, the Inter- trading energy commodities that pro- million contracts. That is a 425 percent national Monetary Fund, compared the vide for delivery point in the United increase in trading oil futures. price of crude oil over the past 30 States. years, crude oil for the past 30 years, to The swaps loophole that we talked b 2145 the price of gold. Gold prices are not about over here, that would be closed, Since 2003, the commodity index dependent upon supply and demand and you see, 32 percent right now, right speculation has increased 1900 percent. have been viewed as a highly specula- now our swap dealers would close that It used to be a $13 billion market, now, tive commodity. The IMF’s analysis loophole because there is no require- today, it’s a $260 billion market. By shows us that crude oil prices track in- ment for position limits. These swaps Lehman Brothers estimate, that 1,900 creases in gold prices. The big spike have grown exponentially, driving up percent increase in commodity index right here, that’s the oil embargo. the price of crude. By limiting this ex- speculation has inflated the price of Look what happened as soon as you emption, swaps would be subject to po- crude oil by $37. Other experts say it had the oil embargo in the late 1970s sition limits to prevent excessive legis- could be even more. there, mid 1970s there, gold shot way lation.

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.109 H14JYPT1 erowe on PROD1PC71 with HOUSE H6468 CONGRESSIONAL RECORD — HOUSE July 14, 2008 Bona fide hedging exemption, those the noncommercial people, the floor going to work with Mr. STUPAK on a who really need to have supply of oil, traders that manage money, the speculation bill, we have got to fun- we would make sure that they are, we nonreportables, then we have a market damentally change the supply and de- would limit businesses to hedge their that has been turned upside down, and mand tightness. Right now, world legitimate anticipated business needs. we have turned supply and demand into available supply is about 85 million I have trouble with the Harvard Uni- really a financial asset and not really barrels a day. World demand is about 84 versity needing a legitimate hedging looking at the needs of the American million barrels a day. That supply exemption, which they certainly enjoy people, or the U.S. economy. number, that 85 million barrel a day right now. What does Harvard Univer- Mr. ALTMIRE. I thank the gen- number hasn’t changed significantly in sity need to hedge on oil? The PUMP tleman. With approximately 15 minutes the last 3 years, because most of our Act would also clarify that legitimate remaining, my friends on the other major oil fields are growing older, the anticipated business needs does not side, to achieve balance, have about 10 war in Iraq. mean energy speculators. Strong ag- of that remaining 15 minutes. I could say corruption in some of the gregate position, you have the I would yield at this point to the gen- national oil companies, I won’t name NYMEX, you have the Intercontinental tleman from Texas. names, but even with these high prices, Exchange and now you have the Dubai Mr. BARTON of Texas. I thought we we haven’t seen that supply and de- exchange coming on. If you are going had about 12 minutes, 12 minutes, so mand tightness go away. We have got to have a limit, position, limit the po- it’s about 12–3. to get either the demand down or the sition, it should apply to all three of Mr. ALTMIRE. Okay, 12 minutes to supply up, and, so, some of the things the, the aggregate of all three, not just the remaining 15. I yield to the gen- that the Republicans are talking about one or two. tleman from Texas. to increase domestic supply would help So if you see, if we would close these Mr. BARTON of Texas. Let me make on the speculation side. loopholes and set strong aggregate po- a couple of comments about what my My final comment, before I yield sition limits, the Commodities Future good friend Mr. STUPAK just said. back to the majority side for some Trading Commission would be better First, in terms of speculation, I think time, is that in terms of the oil com- able to monitor trades to prevent mar- that most Republicans would agree pany profits, apparently the gentleman ket manipulation and help eliminate that there is some speculation in the from New York, who is no longer on unreasonable inflation of energy prices market. I certainly believe there is. I the floor, has made a big deal about caused by excessive speculation to help held hearings when I was full com- how high these profits are. out the American people. mittee chairman in the last Congress Well, let me make a couple of com- If you don’t believe excessive specu- and you, Mr. STUPAK, have done an ex- ments. If you can’t make money at $130 lation is causing a problem, look at to- cellent job in that hearing that he re- a barrel, you don’t deserve to be in day’s business news, especially in the ferred to, I think, on June 23. business. I mean, we would expect prof- New York Times, they are talking Some of the things that are in his its to be up when the price is up where about home heating oil. And at our PUMP bill and some things that are in June 23 hearing that we held, Oversight it is. Believe it or not, there are some the bill that I have introduced and of these nationalized oil companies Investigation, we had the home heating Chairman DINGELL has introduced, we oil companies there. On that day home whose profits have not gone up. are going to have a markup in the En- Now, one can speculate as to why heating oil was $3.98 a gallon. ergy and Commerce Committee on a bi- Three days later, 3 days later I intro- that is, but in the United States we partisan basis sometime next week and have a transparent market-based sys- duced the PUMP Act in the Senate hopefully come to a bipartisan agree- with Senator CANTWELL. Home heating tem and our oil companies are not ment about what to do on speculation, oil then jumped to $4.60 a gallon. If you price setters, they are price takers. If putting some position limits, bringing want to lock in, or if you want to the world market is $130 a barrel or the foreign exchanges under rules that hedge, you want to hedge your home $140 a barrel, our national—our private the U.S. exchanges have to go by, cre- heating costs for this winter, it’s $5.60 oil companies take that price. Now, the ating a two-tiered system where phys- a gallon, a 20 percent increase in about question is, how do we want them to ical traders play by a different set of 4 or 5 days. That’s excessive specula- use those profits? rules in terms of margin requirement tion gone wild. Let’s unlock these reserves, these do- Our PUMP Act has 60 cosponsors, bi- than people that don’t take physical mestic resources, 85 percent of the OCS partisan piece of legislation, endorsed possession or provide for physical de- has been off limits? We can’t drill in by agriculture, airline, labor, industry livery. There are a number of issues we Alaska where we think there is a 10 bil- groups, trucking industry. So I urge have agreement on, and we will be lion barrel oil field in ANWR? Let’s my colleagues in this House, and I have working together. allow our private companies to invest enjoyed this discussion here tonight, to I might also point out that the gen- those profits in American-made energy. tleman’s chart that shows the tracking take seriously a look at excessive spec- b 2200 ulation. of oil and gold, that is a, to me, a dis- When they testified on June 23 in our concerting chart, because what it Increase that supply demand balance committee, I know Mr. BARTON was shows to me—and I am not an econo- so that, as the supply goes up, the price there and some others in this room to- mist—but we have taken oil from a goes down. night, Mr. Masters, Professor commercial commodity that had value Now, having said that, I agree with Greenberger, Fadel Gheit and others because of the end use that it could be Chairman STUPAK in that we need to do all indicated that if we would pass the put to, to a commodity that now has something on speculation. I don’t agree PUMP Act the way it is right now, the become a value of storage like gold. I with everything in his pump bill, but I most comprehensive legislation on ex- mean, there is not a big commercial do agree with probably 75 percent of it. cessive speculation, we could lower the demand for gold in terms of jewelry In the committee markup of the En- cost of oil, of a barrel of oil coming and dental work. ergy and Commerce Committee that into this country, by 50 percent, they Gold is basically—has historically Chairman DINGELL has announced to said, within the next 30 days. been a hedge against inflation, and me—and I, hopefully, will publicly an- I believe it might be 30 to 50 percent, what the world financial community nounce it soon if he has not already— but the point being, in the short-term, has decided with oil, because of the you will see bipartisan agreement. We as we started this discussion, we could tightness of the market, since it is al- have to live within the market struc- do something right now. I would take most a necessity in the modern age, it, ture of the United States and the regu- the excess of speculation, all markets, too, has now become a store of value, latory structure through the Com- all commodities, be liquidated, al- and it has a value applied to it above modity Futures Trading Commission though they will need some specula- and beyond the commercial value of and through the Securities & Exchange tion. being used. Commission. Certainly, we can do some But when the physical hedgers are 2– If we really want to do something to things to do something on speculation, 1 being outbid by the swap dealers and dampen speculation, and, again, we are but if we don’t change the fundamental

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.111 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6469 tightness in the supply and demand sit- In fact, we’re saying use it or lose it. Mr. WESTMORELAND. Well, I cer- uation, all of the speculation bills in You have record profits. You have tainly want to thank the gentleman the world are not going to make that more of the Outer Continental Shelf from Texas for his participation and much difference. than ever in the Nation’s history avail- for his willingness to come here to- With that, I yield back to the gen- able for exploration, and you’re not night and to lead it with the expertise tleman from Pennsylvania. doing it. So use it or lose it. So that’s that he has had as former chairman of Mr. ALTMIRE. I appreciate the gen- why we look at speculation as, maybe, Energy and Commerce and that he has tleman from Texas. one way to bring it down. now as the ranking member. On the point that the gentleman just I thank Mr. BARTON for his willing- I also want to thank Mr. ALTMIRE for made, I would yield to the gentleman ness to work with us on speculation his willingness to participate, and I from Connecticut (Mr. MURPHY) and legislation. At my June 23rd hearing on would like to thank the gentleman then to the gentleman from Michigan excessive speculation in the market, he from Michigan. (Mr. STUPAK). was actively engaged in that, and he While we don’t necessarily agree on a Mr. MURPHY of Connecticut. Thank asked a number of good questions. I lot of the facts, I think it has been a you, Mr. ALTMIRE. agree that we might not agree on 100 good example of why we need to have The point is that I think we would all percent of the PUMP Act, but I think committee hearings. I was glad to hear have a slight degree more comfort with there is enough common ground there, that the gentleman from Michigan’s these numbers if we had confidence and I’ve enjoyed the discussions we’ve bill is going to actually have a markup that those companies were investing had in recent weeks on the PUMP Act. in the Energy and Commerce Com- back into capital, into exploration, Hopefully, we can do something. I’ve mittee, so I think that’s a positive step into drilling a commensurate amount really enjoyed the discussion here to- in that we’re finally, hopefully, having in comparison to what they’re making the majority ask for the minority’s in pure profit. I don’t have the figures night. I thank Mr. ALTMIRE and others for input. in front of me. I would be happy to see having this discussion because I think It does concern me a little bit as to something that displays this to the it has been a good discussion. We’ve what Speaker PELOSI said today in her contrary, but what I have seen is that had some disagreements, yes, but I quote, that she is going to continue to you have not seen a corresponding in- do these things under suspension. Mr. crease in capital reinvestment—Mr. think it’s all fair in what we’re trying to do and in how we view things, and Speaker, I believe that that is out of STUPAK may know this and may want fear that we will come back with a mo- to comment on this as well—as you we are looking at the short term, what we need in the short term and in the tion to recommit. have seen in returns back to share- Let me say this: While we’re talking long term, and I think there is more holders. about gas today, we cannot regulate agreement than disagreement between Now, everybody wants shareholders ourselves out of this crisis. While we the two sides. to do well here. We want there to be came down today to discuss, I thought, Mr. ALTMIRE. I thank the gen- enough excess profit to make some of some U.S. oil production and drilling, the people who have invested in these tleman. With approximately 6 minutes left, it’s good that we got into some of the companies do all right, but I’d like to other things that the majority is say- also see some evidence, as you have to achieve balance, the Republicans can control the rest of the time. We ing are causing these gas prices to go suggested, Mr. BARTON, that there’s a so high, but even from listening to willingness to take a piece of that will certainly answer any questions, but I will say to the gentleman from them about this not affecting it imme- money and to put it into more drilling diately, we need to look to the future and into more exploration and into Georgia: Have at it. The time is yours or it is that of the gentleman from for our children and for our grand- more supply. children. So I hope we’ll continue this I’d be happy to yield to Mr. STUPAK. Texas. Mr. BARTON of Texas. We have 6 discussion. Mr. STUPAK. Thank you. Again, I want to thank all of the par- On that point, there is some skep- minutes. We’re going to speak for ties who participated. ticism on the majority side that some- about 5 minutes, and then we’ll give Mr. ALTMIRE, I will yield back to you a minute to close. I think there how we’re going to drill our way out of you. this or that somehow we’ll just in- ought to be balance in terms of closing. I think the gentleman from Texas We don’t have to be exactly right in crease supplies, because if you take a (Mr. BURGESS) would like to say some- look at it right now, according to gov- terms of time. thing. ernment statistics, 82 percent of the Before I yield to Mr. WESTMORELAND, Mr. BARTON of Texas. Yes. We’ll let let me say that we’ve got a factual dis- Outer Continental Shelf is available for Mr. ALTMIRE have about 1 minute, and agreement about the Outer Continental drilling for gas. Seventy-nine percent we’ll let Dr. BURGESS have the last of the Outer Continental Shelf is avail- Shelf as to what is available. This minute. able for oil exploration and is leased. chart that’s down by Mr. WESTMORE- Mr. ALTMIRE. I would yield to Dr. The last time was in 2006. We went LAND shows that 85 percent of the BURGESS at this point. along with it. We voted to extend in Outer Continental Shelf is off limits. Mr. BURGESS. I thank the gen- 2006, not even 2 years ago, more of the The entire coast of the Pacific is off tleman for yielding. Outer Continental Shelf for oil and gas limits. I believe the entire Atlantic It has been a fascinating discussion exploration. coast is off limits. The western Gulf of tonight. What happened between 2006 and Mexico, where we’ve been drilling for 60 Of course, as the gentleman from 2008? Profits kept going up. Costs kept years, is accessible, and I think some of Michigan knows, I was in the hearing going up. We didn’t see a tangible re- the eastern Gulf may be accessible. So as well on June 23rd. It was a long sult. we have a factual discrepancy that hearing, but it was a good hearing, and So, when you have 82 percent of the should be resolvable before we do this we heard from a number of witnesses. Outer Continental Shelf already avail- again because it looks to me like most When you listened to the discussion able for leasing for natural gas and of the OCS, with the exception of the of the witnesses, especially on the con- when you have 79 percent of the Outer western Gulf of Mexico, is simply not cept of the non physical hedger, I think Continental Shelf available for oil al- available because of a congressional one of the most striking things to me ready available for leasing and as we moratorium. Now, if we can agree on a was that there was a component, just had just relaxed the standards in 2006 bipartisan basis to change that, then the sheer volume of dollars, that was and you do it 2 years later to get the we’re going to create some areas for going into that, and that clearly had last—what?—18 percent, 21 percent, our oil companies to invest their funds an effect, so there may be a very imme- how is that going to change the costs domestically. diate return that can be had. There was we’re paying at the pump? How is that With that, I would like to yield to a disagreement as to how quickly that going to come down? We don’t see the Mr. WESTMORELAND, who is one of the could come about, but the pressure investment of these record profits into godfathers of this experiment this could be put on the price of oil to come getting that oil up. evening. down.

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.112 H14JYPT1 erowe on PROD1PC71 with HOUSE H6470 CONGRESSIONAL RECORD — HOUSE July 14, 2008 What was not lost on me, though, (The following Members (at the re- the ‘‘Theodore L. Newton, Jr. and George F. was the concept that these very tight quest of Mr. BARTON of Texas) to revise Azrak Border Patrol Station’’. supply and demand markets are around and extend their remarks and include H.R. 4140. To designate the Port Angeles the world, and I think, man, those first extraneous material:) Federal Building in Port Angeles, Wash- ington, as the ‘‘Richard B. Anderson Federal four witnesses that presented to us Mr. BURTON of Indiana, for 5 minutes, Building’’. that day said that by the year 2015, today, July 15, 16 and 17. H.R. 5778. To extend agricultural programs world demand would vastly outstrip Mr. FLAKE, for 5 minutes, today, July beyond March 15, 2008, to suspend permanent supply. The message I took from that 15 and 16. price support authorities beyond that date, is we’d best be looking at the next level Mr. GINGREY, for 5 minutes, today. and for other purposes. of supply because we had about a 7- Mrs. MYRICK, for 5 minutes, today. H.R. 6040. To amend the Water Resources year window in which to achieve that, Mr. BURGESS, for 5 minutes, today Development Act of 2007 to clarify the au- so you had to be sure that some of and July 15. thority of the Secretary of the Army to pro- vide reimbursement for travel expenses in- these other methods that we’ve heard Mr. CAMPBELL of California, for 5 curred by members of the Committee on today would be several years down the minutes, July 15 and 16. Levee Safety. road before we would actually get the Mr. MORAN of Kansas, for 5 minutes, f supply from those areas, but we need to today, July 15 and 16. start today to be able to get that sup- Mr. KIRK, for 5 minutes, today. ADJOURNMENT ply. Mr. GARRETT of New Jersey, for 5 Mr. ALTMIRE. Mr. Speaker, I move The other thing that was just abso- minutes, today, July 15, 16 and 17. that the House do now adjourn. lutely amazing was the number of dol- Mr. WOLF, for 5 minutes, July 15. The motion was agreed to; accord- lars going into those markets and f ingly (at 10 o’clock and 10 minutes where the actual rate of rise really p.m.), under its previous order, the began to increase. It was in about De- SENATE BILL REFERRED House adjourned until tomorrow, Tues- cember of 2006 or in January of 2007. A Bill of the Senate of the following day, July 15, 2008, at 9 a.m., for morn- I think my time has expired. I yield title was taken from the Speaker’s ing-hour debate. back to the gentleman from Pennsyl- table and, under the rule, referred as f vania. follows: EXECUTIVE COMMUNICATIONS, Mr. ALTMIRE. I thank the gen- S. 1046. An act to modify pay provisions re- tleman. lating to certain senior-level positions in the ETC. I thank the gentleman from Georgia Federal Government, and for other purposes; Under clause 8 of rule XII, executive (Mr. WESTMORELAND). I especially to the Committee on Oversight and Govern- communications were taken from the thank the gentleman from Texas (Mr. ment Reform. Speaker’s table and referred as follows: BARTON) for these 2 hours. f 7485. A letter from the Congressional Re- This, I think, was very productive, SENATE ENROLLED BILL SIGNED view Coordinator, Department of Agri- very eventful. We had a good debate. culture, transmitting the Department’s final Hopefully, this is not the last time The Speaker announced her signa- rule — Asian Longhorned Beetle; Additions that we will do this. I thank the Speak- ture to an enrolled bill of the Senate of to Quarantined Areas in New York [Docket er for the time, for both this hour and the following title: No. APHIS-2007-0104] received July 2, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- S. 2967. An act to provide for certain Fed- for the previous hour. mittee on Agriculture. eral employee benefits to be continued for At this point, I would yield back. 7486. A letter from the Associate General certain employees of the Senate Restaurants f Counsel for Legislation and Regulations, De- after operations of the Senate Restaurants partment of Housing and Urban Develop- LEAVE OF ABSENCE are contracted to be performed by a private ment, transmitting the Department’s final business concern, and for other purposes. By unanimous consent, leave of ab- rule — Manufactured Home Installation Pro- sence was granted to: f gram [Docket No. FR-4812-F-03] (RIN: 2502- Mr. KIND (at the request of Mr. AH97) received July 8, 2008, pursuant to 5 BILLS PRESENTED TO THE U.S.C. 801(a)(1)(A); to the Committee on Fi- HOYER) for today on account of busi- PRESIDENT ness in district. nancial Services. Lorraine C. Miller, Clerk of the 7487. A letter from the Acting Secretary, Mr. ELLISON (at the request of Mr. Securities and Exchange Commission, trans- HOYER) for today on account of official House reports that on July 7, 2008 she presented to the President of the mitting the Commission’s final rule — Com- business. mission Guidance and Amendment to the Ms. KILPATRICK (at the request of Mr. United States, for his approval, the fol- Rules Relating to Organization and Program HOYER) for today on account of per- lowing bills. Management Concerning Proposed Rule sonal reasons. H.R. 430. To designate the United States Changes Filed by Self-Regulatory Organiza- Mr. PEARCE (at the request of Mr. bankruptcy courthouse located at 271 tions [Release No. 34-58092] received July 7, Cadman Plaza East in Brooklyn, New York, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the BOEHNER) for today and July 15 on ac- as the ‘Conrad B. Duberstein United States Committee on Financial Services. count of business in New Mexico. Bankruptcy Courthouse’. 7488. A letter from the Asst. Gen. Counsel Mr. BONNER (at the request of Mr. H.R. 634. To require the Secretary of the for Reg. Services, Department of Education, BOEHNER) for today and July 15 on ac- Treasury to mint coins in commemoration of transmitting the Department’s final rule — count of official business. veterans who became disabled for life while The Teacher Education Assistance for Col- f serving in the Armed Forces of the United lege and Higher Education (TEACH) Grant States. Program and Other Federal Student Aid Pro- SPECIAL ORDERS GRANTED H.R. 781. To redesignate Lock and Dam No. grams [Docket ID ED-2008-OPE-0001] (RIN: By unanimous consent, permission to 5 of the McClellan-Kerr Arkansas River 1840-AC93) received June 31, 2008, pursuant to address the House, following the legis- Navigation System near Redfield, Arkansas, 5 U.S.C. 801(a)(1)(A); to the Committee on lative program and any special orders authorized by the Rivers and Harbors Act ap- Education and Labor. proved July 24, 1946, as the ‘‘Colonel Charles 7489. A letter from the Deputy Director for heretofore entered, was granted to: D. Maynard Lock and Dam’’. Operations, Pension Benefit Guaranty Cor- (The following Members (at the re- H.R. 814. To require the Consumer Product poration, transmitting the Corporation’s quest of Ms. WOOLSEY) to revise and ex- Safety Commission to issue regulations final rule — Benefits Payable in Terminated tend their remarks and include extra- mandating child-resistant closures on all Single-Employer Plans; Allocation of Assets neous material:) portable gasoline containers. in Single-Employer Plans; Interest Assump- Mr. SKELTON, for 5 minutes, today. H.R. 1019. To designate the United States tions for Valuing and Paying Benefits — re- Mr. SCOTT of Georgia, for 5 minutes, customhouse building located at 31 Gonzalez ceived July 8, 2008, pursuant to 5 U.S.C. today. Clemente Avenue in Mayaguez, Puerto Rico, 801(a)(1)(A); to the Committee on Education as the ‘‘Rafael Martinez Nadal United States and Labor. Ms. WOOLSEY, for 5 minutes, today. Customhouse Building’’. 7490. A letter from the Deputy Director for Mr. DEFAZIO, for 5 minutes, today. H.R. 2728. To designate the station of the Operations, Pension Benefit Guaranty Cor- Ms. KAPTUR, for 5 minutes, today. United States Border Patrol located at 25762 poration, transmitting the Corporation’s Ms. SOLIS, for 5 minutes, today. Madison Avenue in Murrieta, California, as final rule — Bylaws of the Pension Benefit

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K14JY7.113 H14JYPT1 erowe on PROD1PC71 with HOUSE July 14, 2008 CONGRESSIONAL RECORD — HOUSE H6471 Guaranty Corporation — received June 11, No. 071030625-7696-02] (RIN: 0648-XI40) re- Minimums and Obstacle Departure Proce- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the ceived July 8, 2008, pursuant to 5 U.S.C. dures; Miscellaneous Amendments [Docket Committee on Education and Labor. 801(a)(1)(A); to the Committee on Natural No. 30600; Amdt. No. 3262] received July 8, 7491. A letter from the Director, Regu- Resources. 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the latory Management Division, Environmental 7500. A letter from the Deputy Assistant Committee on Transportation and Infra- Protection Agency, transmitting the Agen- Administrator for Operations, NMFS, Na- structure. cy’s final rule — Protection of Stratospheric tional Oceanic and Atmospheric Administra- 7509. A letter from the Program Analyst, Ozone: Revision of Refrigerant Recovery tion, transmitting the Administration’s final Department of Transportation, transmitting Only Equipment Standards [EPA-HQ-OAR- rule — Fisheries of the Exclusive Economic the Department’s final rule — Standard In- 2008-0231; FRL-8582-6] (RIN: 2060-AP18) re- Zone Off Alaska; Bering Sea and Aleutian Is- strument Approach Procedures, and Takeoff ceived June 13, 2008, pursuant to 5 U.S.C. lands Crab Rationalization Program [Docket Minimums and Obstacle Departure Proce- 801(a)(1)(A); to the Committee on Energy and No. 080129098-8743-02] (RIN: 0648-AW45) re- dures; Miscellaneous Amendments [Docket Commerce. ceived July 8, 2008, pursuant to 5 U.S.C. No. 30603 ; Amdt. No. 3265] received July 8, 7492. A letter from the Director, Regu- 801(a)(1)(A); to the Committee on Natural 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the latory Management Division, Environmental Resources. Committee on Transportation and Infra- Protection Agency, transmitting the Agen- 7501. A letter from the Acting Director Of- structure. cy’s final rule — Small Entity Compliance fice of Sustainable Fisheries, NMFS, Na- 7510. A letter from the Program Analyst, Guide to Renovate Right; EPA’s Lead-Based tional Oceanic and Atmospheric Administra- Department of Transportation, transmitting Paint Renovation, Repair, and Painting Pro- tion, transmitting the Administration’s final the Department’s final rule — Standard In- gram; Notice of Availability [EPA-HQ- rule — Fisheries of the Economic Exclusive strument Approach Procedures, and Takeoff OPPT-2005-0049; FRL-8368-9] (RIN: 2070-AC83) Zone Off Alaska; Shallow-Water Species Minimums and Obstacle Departure Proce- received June 26, 2008, pursuant to 5 U.S.C. Fishery by Vessels Using Trawl Gear in the dures; Miscellaneous Amendments [Docket 801(a)(1)(A); to the Committee on Energy and Gulf of Alaska [Docket No. 071106671-8010-02] No. 30609; Amdt. No 3270 ] received July 8, Commerce. (RIN: 0648-XI13) received June 11, 2008, pursu- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the 7493. A letter from the General Counsel, ant to 5 U.S.C. 801(a)(1)(A); to the Committee Committee on Transportation and Infra- Federal Energy Regulatory Commission, on Natural Resources. structure. transmitting the Commission’s final rule — 7502. A letter from the Acting Director Of- 7511. A letter from the Program Analyst, Promotion of a More Efficient Capacity Re- fice of Sustainable Fisheries, NMFS, Na- Department of Transportation, transmitting lease Market [Docket No. RM08-1-000; Order tional Oceanic and Atmospheric Administra- the Department’s final rule — Standard In- No. 712] received June 31, 2008, pursuant to 5 tion, transmitting the Administration’s final strument Approach Procedures, and Takeoff U.S.C. 801(a)(1)(A); to the Committee on En- rule — Fisheries of the Exclusive Economic Minimums and Obstacle Departure Proce- ergy and Commerce. Zone Off Alaska; Yellowfin Sole by Vessels dures; Miscellaneous Amendments [Docket 7494. A letter from the Deputy Archivist of Participating in the Amendment 80 Limited No. 30602; Amdt. No 3264 ] received July 8, the United States, National Archives and Access Fishery in Bering Sea and Aleutian 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Records Administration, transmitting the Islands Management Area [Docket No. Committee on Transportation and Infra- Administration’s final rule — Use of Meeting 071106673-8011-02] (RIN: 0648-XI07) received structure. 7512. A letter from the Program Analyst, Rooms and Public Space [Docket NARA-08- June 11, 2008, pursuant to 5 U.S.C. Department of Transportation, transmitting 0002] (RIN: 3095-AB33) received June 31, 2008, 801(a)(1)(A); to the Committee on Natural the Department’s final rule — Standard In- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Resources. strument Approach Procedures, and Takeoff mittee on Oversight and Government Re- 7503. A letter from the Deputy Assistant Minimums and Obstacle Departure Proce- form. Administrator For Regulatory Programs, dures; Miscellaneous Amendments [Docket 7495. A letter from the Acting Chair, Fed- NMFS, National Oceanic and Atmospheric No. 30611; Amdt. No 3272 ] received July 8, eral Subsistence Board, Department of the Administration, transmitting the Adminis- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Interior, transmitting the Department’s tration’s final rule — Fisheries of the North- Committee on Transportation and Infra- final rule — Subsistence Management Regu- eastern United States; Recreational Manage- structure. lations for Public Lands in Alaska-2008-09 ment Measures for the Summer Flounder, 7513. A letter from the Program Analyst, and 2009-10 Subsistence Taking of Wildlife Scup, and Black Sea bass fisheries; Fishing Department of Transportation, transmitting Regulations [FWS-R7-SM-2008-0020; 70101- Year 2008 [Docket No. 070717341-8549-02] (RIN: the Department’s final rule — Standard In- 1261-0000L6] (RIN: 1018-AV69) received July 7, 0648-AV41) received June 23, 2008, pursuant to strument Approach Procedures, and Takeoff 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the 5 U.S.C. 801(a)(1)(A); to the Committee on Minimums and Obstacle Departure Proce- Committee on Natural Resources. Natural Resources. dures; Miscellaneous Amendments [Docket 7496. A letter from the Chief, Branch of 7504. A letter from the Acting General No. 30612 ; Amdt. No. 3273 ] received July 8, Listing (End. Species, WO), Department of Counsel, Department of Justice, transmit- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Interior, transmitting the Department’s ting the Department’s final rule — Board of Committee on Transportation and Infra- final rule — Endangered and Threatened Immigration Appeals: Composition of Board structure. Wildlife and Plants; Critical Habitat Revised and Temporary Board Members [EOIR Dock- 7514. A letter from the Program Analyst, Designation for the Kootenai River Popu- et No. 158F; AG Order No. 2975-2008] (RIN: Department of Transportation, transmitting lation of the White Sturgeon (Acipenser 1125-AA57) received June 26, 2008, pursuant to the Department’s final rule — Standard In- transmontanus) [[FWS-R1-ES-2008-0072] 5 U.S.C. 801(a)(1)(A); to the Committee on the strument Approach Procedures, and Takeoff [92210-1117-0000-FY08-B4] (RIN: 1018-AU47) re- Judiciary. Minimums and Obstacle Departure Proce- ceived July 7, 2008, pursuant to 5 U.S.C. 7505. A letter from the Program Analyst, dures; Miscellaneous Amendments [Docket 801(a)(1)(A); to the Committee on Natural Department of Transportation, transmitting No. 30610; Amdt. No 3271 ] received July 8, Resources. the Department’s final rule — Establishment 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the 7497. A letter from the Acting Chair, Fed- of Class E Airspace; Swans Island, ME [Dock- Committee on Transportation and Infra- eral Subsistence Board, Department of the et No. FAA-2008-0060; Airspace Docket No. 08- structure. Interior, transmitting the Department’s ANE-91] received July 8, 2008, pursuant to 5 7515. A letter from the Senior Trial Attor- final rule — Subsistence Management Regu- U.S.C. 801(a)(1)(A); to the Committee on ney, Department of Transportation, trans- lations for Public Lands in Alaska, Subpart Transportation and Infrastructure. mitting the Department’s final rule — Rail- C and Subpart D-2008-09 Subsistence Taking 7506. A letter from the Program Analyst, road Operating Rules: Program of Oper- of Fish and Shellfish Regulations [FWS-R7- Department of Transportation, transmitting ational Tests and Inspections; Railroad Oper- SM-2008-0021; 70101-1335-0064L6] (RIN: 1018- the Department’s final rule — Establishment ating Practices: Handling Equipment, AU71) received July 7, 2008, pursuant to 5 of Class E Airspace; Fort Kent, ME [Docket Switches and Fixed Derails [Docket No. U.S.C. 801(a)(1)(A); to the Committee on Nat- No. FAA-2008-0059; Airspace Docket No. 08- FRA-2006-25267] (RIN: 2130-AB76) received ural Resources. ANE-90] received July 8, 2008, pursuant to 5 July 8, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 7498. A letter from the Director, Office of U.S.C. 801(a)(1)(A); to the Committee on to the Committee on Transportation and In- Surface Mining, Department of the Interior, Transportation and Infrastructure. frastructure. transmitting the Department’s final rule — 7507. A letter from the Program Analyst, 7516. A letter from the Chairman, Depart- Pennsylvania Regulatory Program [PA-151- Department of Transportation, transmitting ment of Transportation, transmitting the FOR; Docket ID: OSM-2008-0013] received the Department’s final rule — Amendment of Department’s final rule — DISCLOSURE OF July 2, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); Class E Airspace; Gettysburg, PA. [Docket RAIL INTERCHANGE COMMITMENTS [STB to the Committee on Natural Resources. No. FAA-2007-0309; Airspace Docket No. 07- Ex Parte No. 575 (Sub-No. 1)] received June 7499. A letter from the Acting Director Of- AEA-20] received July 8, 2008, pursuant to 5 11, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to fice of Sustainable Fisheries, NMFS, Na- U.S.C. 801(a)(1)(A); to the Committee on the Committee on Transportation and Infra- tional Oceanic and Atmospheric Administra- Transportation and Infrastructure. structure. tion, transmitting the Administration’s final 7508. A letter from the Program Analyst, 7517. A letter from the Program Analyst, rule — Fisheries of the Northeastern United Department of Transportation, transmitting Department of Transportation, transmitting States; Scup Fishery; Commercial Quota the Department’s final rule — Standard In- the Department’s final rule — Standard In- Harvested for 2008 Summer Period [Docket strument Approach Procedures, and Takeoff strument Approach Procedures, and Takeoff

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\L14JY7.000 H14JYPT1 erowe on PROD1PC71 with HOUSE H6472 CONGRESSIONAL RECORD — HOUSE July 14, 2008 Minimums and Obstacle Departure Proce- June 24, 2008, pursuant to 5 U.S.C. in the jurisdiction of the committee con- dures; Miscellaneous Amendments [Docket 801(a)(1)(A); to the Committee on Ways and cerned. No. 30569; Amdt. No. 3235] received June 20, Means. By Mr. CAPUANO: 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the f H.R. 6484. A bill to provide for a study of measures to achieve energy independence for Committee on Transportation and Infra- REPORTS OF COMMITTEES ON structure. the United States without adversely affect- 7518. A letter from the Program Analyst, PUBLIC BILLS AND RESOLUTIONS ing the environment; to the Committee on Department of Transportation, transmitting Under clause 2 of rule XIII, reports of Energy and Commerce, and in addition to the Department’s final rule — Amendment of committees were delivered to the Clerk the Committee on Science and Technology, Class E Airspace; Franklin, PA. [Docket No. for printing and reference to the proper for a period to be subsequently determined FAA-2007-0279; Airspace Docket No. 070-AEA- calendar, as follows: by the Speaker, in each case for consider- 19] received July 8, 2008, pursuant to 5 U.S.C. ation of such provisions as fall within the ju- 801(a)(1)(A); to the Committee on Transpor- [The following action occurred on July 11, 2008] risdiction of the committee concerned. tation and Infrastructure. Mr. GORDON of Tennessee: Committee on By Ms. CASTOR: 7519. A letter from the Program Analyst, Science and Technology. H.R. 5618. A bill to H.R. 6485. A bill to amend title II of the So- Department of Transportation, transmitting reauthorize and amend the National Sea cial Security Act to provide that disability the Department’s final rule — Establishment Grant College Program Act, and for other determinations under such title on the basis of Class E Airspace; Swans Island, ME [Dock- purposes; with an amendment (Rept. 110–701 of hearings by the Commissioner of Social et No. FAA-2008-0060; Airspace Docket No. 08- Pt. 2). Referred to the Committee of the Security are made on a timely basis and to ANE-91] received July 8, 2008, pursuant to 5 Whole House on the State of the Union. require the Commissioner to establish a pro- U.S.C. 801(a)(1)(A); to the Committee on [Omitted from the Record of July 10, 2008] gram for monitoring each year the number Transportation and Infrastructure. Mr. THOMPSON of Mississippi: Committee of disability determinations which are in re- 7520. A letter from the Program Analyst, on Homeland Security. H.R. 5170. A bill to consideration; to the Committee on Ways Department of Transportation, transmitting amend the Homeland Security Act of 2002 to and Means. the Department’s final rule — Establishment provide for a privacy official within each By Mr. ENGEL (for himself, Mrs. of Class E Airspace; Vinalhaven, ME. [Dock- component of the Department of Homeland SCHMIDT, and Mr. TERRY): et No. FAA-2008-0061; Airspace Docket No. 08- Security, and for other purposes; with an H.R. 6486. A bill to prohibit the manufac- ANE-92] received July 8, 2008, pursuant to 5 amendment (Rept. 110–755). Referred to the ture, marketing, sale, or shipment in inter- U.S.C. 801(a)(1)(A); to the Committee on Committee of the Whole House on the State state commerce of products designed to as- Transportation and Infrastructure. of the Union. sist in defrauding a drug test; to the Com- 7521. A letter from the Program Analyst, Mr. RAHALL: Committee on Natural Re- mittee on Energy and Commerce. Department of Transportation, transmitting sources. H.R. 3227. A bill to direct the Sec- By Ms. GIFFORDS: the Department’s final rule — Establishment retary of the Interior to continue stocking H.R. 6487. A bill to amend the Internal Rev- of Class E Airspace; Bridgton, ME. [Docket fish in certain lakes in the North Cascades enue Code of 1986 to provide for a temporary No. FAA-2008-0064; Airspace Docket No. 08- National Park, Ross Lake National Recre- reduction in the tax imposed on diesel fuel; ANE-95] received July 8, 2008, pursuant to 5 ation Area, and Lake Chelan National Recre- to the Committee on Ways and Means. U.S.C. 801(a)(1)(A); to the Committee on ation Area; with amendments (Rept. 110–756). By Ms. HOOLEY (for herself and Mr. Transportation and Infrastructure. Referred to the Committee of the Whole BLUMENAUER): 7522. A letter from the Director, Regu- House on the State of the Union. H.R. 6488. A bill to direct the Consumer latory Management Division, Environmental Mr. CONYERS: Committee on the Judici- Product Safety Commission to promulgate a Protection Agency, transmitting the Agen- ary. H.R. 5057. a bill to reauthorize the final consumer product safety rule banning cy’s final rule — National Pollutant Dis- Debbie Smith DNA Backlog Grant Program; novelty lighters; to the Committee on En- charge Elimination System (NPDES) Water with amendments (Rept. 110–757). Referred to ergy and Commerce. Transfers Rule [EPA-HQ-OW-2006-0141; FRL- the Committee of the Whole House on the By Ms. HOOLEY: 8579-3] (RIN: 2040-AE86) received June 13, State of the Union. H.R. 6489. A bill to designate the facility of 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. MCGOVERN: Committee on Rules. the United States Postal Service located at Committee on Transportation and Infra- House Resolution 1339. Resolution providing 501 4th Street in Lake Oswego, Oregon, as structure. for consideration of the bill (H.R. 415) to the ‘‘Judie Hammerstad Post Office Build- 7523. A letter from the Chief, Trade and amend the Wild and Scenic Rivers Act to ing’’; to the Committee on Oversight and Commercial Regulations Branch, Depart- designate segments of the Taunton River in Government Reform. ment of Homeland Security, transmitting the Commonwealth of Massachusetts as a By Mr. KUHL of New York: the Department’s final rule — DOMINICAN component of the National Wild and Scenic H.R. 6490. A bill to amend the Elementary REPUBLIC–CENTRAL AMERICA–UNITED Rivers System (Rept. 110–758). Referred to and Secondary Education Act of 1965 to pro- STATES FREE TRADE AGREEMENT the House Calendar. mote the safe use of the Internet by stu- [USCBP-2008-0060 CBP Dec. 08-22] (RIN: 1505- f dents, and for other purposes; to the Com- AB84) received June 9, 2008, pursuant to 5 mittee on Education and Labor. U.S.C. 801(a)(1)(A); to the Committee on PUBLIC BILLS AND RESOLUTIONS By Mr. SOUDER: Ways and Means. Under clause 2 of rule XII, public H. Res. 1340. A resolution recognizing the 7524. A letter from the Chief, Trade and bills and resolutions were introduced 358th Fighter Group for its outstanding serv- Commercial Regulations Branch, Depart- ice and bravery during World War II and ment of Homeland Security, transmitting and severally referred, as follows: commending its successor, the 122nd Fighter the Department’s final rule — ARTICLES By Mr. BERMAN (for himself and Ms. Wing, for continuing its legacy of excellence ASSEMBLED ABROAD: OPERATIONS INCI- ZOE LOFGREN of California): in service; to the Committee on Armed Serv- DENTAL TO THE ASSEMBLY PROCESS H.R. 6481. A bill to create a civil action to ices. [CBP Dec. 08-21] (RIN: 1505-AB90) received provide judicial remedies to carry out cer- f June 9, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); tain treaty obligations of the United States to the Committee on Ways and Means. under the Vienna Convention on Consular ADDITIONAL SPONSORS 7525. A letter from the Chief, Publications Relations and the Optional Protocol to the and Regulations, Internal Revenue Service, Vienna Convention on Consular Relations; to Under clause 7 of rule XII, sponsors were transmitting the Service’s final rule — 26 the Committee on the Judiciary. added to public bills and resolutions as fol- CFR 601.204: Changes in accounting periods By Mr. ACKERMAN (for himself and lows: and in methods of accounting. (Also, Part 1, Mr. CASTLE): H.R. 160: Mr. GARY G. MILLER of California, 471, 472; 1.471-2, 1.471-8, 1.472-1) (Rev. Proc. H.R. 6482. A bill to direct the Securities Mr. BRADY of Pennsylvania, and Mr. KILDEE. 2008-43) received June 26, 2008, pursuant to 5 and Exchange Commission to establish both H.R. 303: Mrs. MILLER of Michigan and Mr. U.S.C. 801(a)(1)(A); to the Committee on a process by which asset-backed instruments GOHMERT. Ways and Means. can be deemed eligible for NRSRO ratings H.R. 471: Mr. SHAYS. 7526. A letter from the Chief, Publications and an initial list of such eligible asset- H.R. 690: Mr. MARIO DIAZ-BALART of Flor- and Regulations Branch, Internal Revenue backed instruments; to the Committee on ida and Mrs. MILLER of Michigan. H.R. 699: Mr. COBLE and Mr. ADERHOLT. Service, transmitting the Service’s final rule Financial Services. H.R. 772: Mr. LATHAM, Mr. FRANK of Massa- — Auction Rate Preferred Stock-Effect of By Mr. BLUMENAUER (for himself and chusetts, and Mr. CUMMINGS. Liquidity Facilities on Equity Character Mr. MATHESON): H.R. 777: Ms. CASTOR. H.R. 6483. A bill to provide for duty free [Notice 2008-55] received June 26, 2008, pursu- H.R. 981: Ms. KAPTUR. ant to 5 U.S.C. 801(a)(1)(A); to the Committee treatment of certain recreational perform- H.R. 996: Mr. MCDERMOTT, Ms. TSONGAS, on Ways and Means. ance outerwear, and for other purposes; to Mr. HOLT, and Mr. FARR. 7527. A letter from the Chief, Publications the Committee on Ways and Means, and in H.R. 997: Mr. BROWN of South Carolina, Mr. and Regulations, Internal Revenue Service, addition to the Committee on Science and PORTER, and Mr. KINGSTON. transmitting the Service’s final rule — Al- Technology, for a period to be subsequently H.R. 1050: Mr. BRADY of Pennsylvania. ternative Simplified Credit under Section determined by the Speaker, in each case for H.R. 1073: Mr. CARNEY. 41(c)(5) [TD 9401] (RIN: 1545-BH33) received consideration of such provisions as fall with- H.R. 1108: Mr. MCCAUL of Texas.

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H.R. 1157: Mr. WILSON of Ohio. H.R. 6076: Mr. BRALEY of Iowa. H. Con. Res. 386: Mr. ALEXANDER. H.R. 1176: Mr. ROTHMAN. H.R. 6078: Mr. FALEOMAVAEGA and Mr. H. Con. Res. 388: Ms. FALLIN. H.R. 1428: Mr. MICHAUD. BRADY of Pennsylvania. H. Res. 671: Mr. LOBIONDO, Mr. GERLACH, H.R. 1436: Mr. GOHMERT. H.R. 6107: Ms. ROS-LEHTINEN and Mr. BU- Mr. FERGUSON, Mr. BAIRD, Mr. FOSSELLA, Mr. H.R. 1524: Mr. CAZAYOUX. CHANAN. SNYDER, Mr. SPRATT, and Mr. ALTMIRE. H.R. 1527: Mr. BRADY of Texas, Mrs. BOYDA H.R. 6108: Mrs. MILLER of Michigan. H. Res. 758: Mr. WILSON of South Carolina of Kansas, Mr. WALDEN of Oregon, and Mr. H.R. 6122: Mr. ROGERS of Michigan, Mr. and Mr. SHAYS. RODRIGUEZ. KUHL of New York, Mr. ETHERIDGE, and Mr. H. Res. 883: Mr. MCGOVERN and Ms. H.R. 1589: Mr. DELAHUNT and Mrs. MILLER SALAZAR. SCHAKOWSKY. of Michigan. H.R. 6140: Mr. COHEN. H. Res. 1008: Mr. SMITH of New Jersey and H.R. 1621: Mr. LIPINSKI. H.R. 6143: Mr. TIERNEY and Mr. WU. U H.R. 1746: Mr. LYNCH. H.R. 6163: Mr. WITTMAN of Virginia. Mr. W . H.R. 1755: Mr. FILNER and Mr. DOGGETT. H.R. 6210: Mr. PITTS, Mr. WILSON of Ohio, H. Res. 1019: Mr. FILNER. H.R. 1770: Ms. SUTTON. Mr. MAHONEY of Florida, and Mr. COHEN. H. Res. 1078: Mr. STARK and Ms. H.R. 1827: Mr. KUHL of New York. H.R. 6217: Mrs. EMERSON and Mr. TOWNS. SCHAKOWSKY. H.R. 2020: Mr. GRIJALVA. H.R. 6228: Ms. SCHAKOWSKY and Mr. BRADY H. Res. 1177: Mr. HOLT. H.R. 2092: Mr. LANGEVIN, Mr. JEFFERSON, of Pennsylvania. H. Res. 1179: Mr. WAMP. and Mr. LAMPSON. H.R. 6239: Mr. ROSS and Mr. THORNBERRY. H. Res. 1200: Mr. SOUDER, Mr. FILNER, Ms. H.R. 2116: Mrs. MILLER of Michigan, Mr. H.R. 6248: Mr. DAVIS of Illinois. SCHAKOWSKY, Mr. KENNEDY, Mr. JEFFERSON, CARNEY, and Mr. CUELLAR. H.R. 6258: Mr. ROGERS of Kentucky, Mr. MR. JOHNSON of Georgia, Ms. MCCOLLUM of H.R. 2169: Mr. MEEK of Florida. BRADY of Pennsylvania, Mr. BERRY, Mr. BAR- Minnesota, Mr. DELAHUNT, Ms. CASTOR, Mr. H.R. 2205: Mr. BILBRAY. ROW, and Mr. SOUDER. ARCURI, Mr. HASTINGS of Florida, Mr. WALZ H.R. 2208: Mr. MCCOTTER, Mrs. BLACKBURN, H.R. 6282: Mrs. GILLIBRAND and Mr. of Minnesota, Mr. COURTNEY, Ms. HIRONO, Mr. DEAL of Georgia, Mr. WILSON of Ohio, GRIJALVA. Mr. SNYDER, Mrs. TAUSCHER, Mr. LOEBSACK, Mr. WILSON of South Carolina, Ms. FALLIN, H.R. 6288: Mr. PAUL and Mr. BURTON of In- Mr. SPRATT, and Ms. KAPTUR. diana. and Mr. PORTER. H. Res. 1227: Mr. JACKSON of Illinois, Mr. H.R. 6292: Mrs. EMERSON and Mr. PLATTS. H.R. 2289: Mr. LANGEVIN and Mr. CAPUANO. RUSH, and Mr. SIRES. H.R. 2325: Mr. CARNEY. H.R. 6293: Mr. JONES of North Carolina, Mr. H. Res. 1245: Mr. BRADY of Pennsylvania. H.R. 2472: Mr. SPACE. ROGERS of Alabama, Mrs. EMERSON, Mr. H. Res. 1261: Mr. UDALL of Colorado, Mr. H.R. 2495: Mr. SHADEGG. BISHOP of Utah, and Mr. HERGER. HALL of Texas, Ms. BALDWIN, Mr. SHADEGG, H.R. 2677: Mrs. BOYDA of Kansas. H.R. 6298: Ms. SCHAKOWSKY and Mr. HOLT. Mr. BURTON of Indiana, Mr. SMITH of Wash- H.R. 2958: Ms. FALLIN. H.R. 6310: Mrs. GILLIBRAND. H.R. 3202: Mr. SIRES and Mr. ACKERMAN. H.R. 6339: Mr. CAPUANO. ington, Mr. FARR, Mr. Ellsworth, Mr. WATT, H.R. 3212: Mr. SESTAK and Mr. OBERSTAR. H.R. 6365: Ms. ROYBAL-ALLARD. Mr. MCNERNEY, Mr. HINOJOSA, Mr. SALAZAR, H.R. 3257: Ms. GIFFORDS. H.R. 6368: Ms. GRANGER. Mr. LAMBORN, Mr. MITCHELL, Ms. JACKSON- H.R. 3289: Mr. BRADY of Pennsylvania. H.R. 6371: Mr. BRALEY of Iowa and Mr. LEE of Texas, Mr. MCGOVERN, Mrs. BOYDA of H.R. 3366: Mr. FARR. HILL. Kansas, Ms. SUTTON, Mr. GENE GREEN of H.R. 3407: Mr. JACKSON of Illinois. H.R. 6387: Mr. SMITH of Washington. Texas, Mr. CROWLEY, Mrs. MUSGRAVE, Mr. H.R. 3485: Ms. WASSERMAN SCHULTZ. H.R. 6391: Mr. SHAYS. HARE, Mr. TANCREDO, Mr. PERLMUTTER, and H.R. 3634: Mr. SESTAK. H.R. 6393: Ms. HARMAN. Mr. MATHESON. H.R. 3679: Mrs. EMERSON. H.R. 6399: Mr. DOGGETT. H. Res. 1266: Mr. ROHRABACHER and Mrs. H.R. 3689: Mrs. GILLIBRAND and Mr. BISHOP H.R. 6403: Mr. GRIJALVA. MCCARTHY of New York. of Georgia. H.R. 6407: Mr. GRIJALVA, Ms. DEGETTE, Mr. H. Res. 1273: Mr. KAGEN. H.R. 3820: Ms. GINNY BROWN-WAITE of Flor- FARR, and Mr. WELCH of Vermont. H. Res. 1282: Mr. DUNCAN. H.R. 6411: Ms. SCHAKOWSKY and Mr. KLEIN ida. H. Res. 1287: Mrs. BOYDA of Kansas, Mr. of Florida. H.R. 4021: Mr. GRIJALVA. POE, and Ms. KAPTUR. H.R. 6418: Mr. SOUDER. H.R. 4544: Mr. LATTA, Mr. YOUNG of Flor- H. Res. 1289: Mr. ELLISON. ida, Mr. GERLACH, Ms. ROYBAL-ALLARD, Mrs. H.R. 6439: Mr. GRIJALVA and Mr. HINCHEY. H. Res. 1290: Mr. HASTINGS of Florida, Ms. GILLIBRAND, Mr. SHAYS, Ms. JACKSON-LEE of H.R. 6445: Mr. SALAZAR. DELAURO, Mr. CAPUANO, Mr. HINOJOSA, Mr. Texas, and Mr. MCINTYRE. H.R. 6446: Mr. DOYLE. GRIJALVA, Mr. LEVIN, Mr. LEWIS of Georgia, H.R. 4651: Mr. HINOJOSA. H.R. 6452: Mr. LEWIS of Georgia. Mr. JACKSON of Illinois, Mr. WAXMAN, Ms. H.R. 4930: Mr. GOHMERT and Mr. MICHAUD. H.R. 6465: Mr. MITCHELL. SUTTON, Mr. RUSH, Mr. LANGEVIN, Mr. MORAN H.R. 5161: Mrs. TAUSCHER. H.R. 6473: Mr. HALL of New York. of Virginia, Mr. PITTS, Mr. HONDA, Mr. H.R. 5235: Mr. TURNER, Mrs. CAPITO, Mr. H.R. 6476: Ms. BEAN and Mr. FOSTER. DOYLE, Mr. MCGOVERN, Mr. WELCH of JOHNSON of Illinois, and Mr. RUPPERSBERGER. H.J. Res. 12: Mr. DONNELLY. Vermont, Ms. TSONGAS, and Mr. MEEK of H.R. 5265: Mr. CARDOZA, Mr. WAMP, and Mr. H.J. Res. 39: Mr. GERLACH and Mrs. Florida. ADERHOLT. BIGGERT. H. Res. 1296: Mr. ISSA, Mr. WOLF, Mr. PE- H.R. 5425: Mr. GERLACH. H.J. Res. 84: Ms. GIFFORDS, Mr. BURTON of H.R. 5446: Mr. DOGGETT. Indiana, Mrs. LOWEY, and Mr. MCCOTTER. TERSON of Minnesota, and Mrs. EMERSON. H.R. 5488: Mr. BRADY of Pennsylvania. H.J. Res. 93: Mr. SIRES. H. Res. 1301: Mr. CONYERS and Ms. H.R. 5635: Mr. BRADY of Pennsylvania. H. Con. Res. 70: Mr. PLATTS and Mr. SCHAKOWSKY. H.R. 5652: Mr. SOUDER. SOUDER. H. Res. 1306: Mr. JORDAN, Mr. CALVERT, Mr. H.R. 5684: Mr. GOODE. H. Con. Res. 214: Mr. HINCHEY and Mr. SPACE, Mr. SULLIVAN, Mr. SENSENBRENNER, H.R. 5709: Ms. DEGETTE. MCNULTY. Mr. HERGER, Mr. POE, and Mr. TANNER. H.R. 5734: Mr. KENNEDY and Mr. RAHALL. H. Con. Res. 223: Mr. ADERHOLT. H. Res. 1310: Ms. BORDALLO. H.R. 5752: Mr. GOODE. H. Con. Res. 296: Mr. GENE GREEN of Texas H. Res. 1311: Ms. SCHAKOWSKY, Mr. H.R. 5762: Mr. GRIJALVA. and Mrs. EMERSON. FORTUN˜ O, Mr. HALL of Texas, and Mrs. WIL- H.R. 5782: Mr. MCHENRY. H. Con. Res. 360: Ms. MATSUI, Mr. FILNE, SON of New Mexico. Mr. SKELTON, and Mr. LINCOLN DAVIS of Ten- H.R. 5785: Mr. BRADY of Pennsylvania. H. Res. 1316: Mr. WOLF, Ms. SCHAKOWSKY, nessee. H.R. 5797: Mr. PAUL. Mr. THORNBERRY, Mr. COLE of Oklahoma, Mr. H. Con. Res. 361: Ms. FOXX. H.R. 5798: Mr. BRADY of Pennsylvania. LOBIONDO, Mr. SHUSTER, and Mr. DAVIS of H. Con. Res. 369: Mr. BRADY of Pennsyl- H.R. 5812: Mrs. MYRICK and Ms. EDDIE BER- Kentucky. NICE JOHNSON of Texas. vania. H. Res. 1319: Mr. WOLF and Mr. HINCHEY. H.R. 5833: Ms. JACKSON-LEE of Texas, Mr. H. Con. Res. 371: Ms. BORDALLO. H. Res. 1324: Mr. DAVIS of Illinois, Mr. COURTNEY, and Ms. SCHAKOWSKY. H. Con. Res. 376: Mr. HONDA, Mr. SHULER, SCOTT of Virginia, and Mr. BOSWELL. H.R. 5836: Mr. BLUNT. Mr. BACA, Mr. BRADY of Pennsylvania, Mr. H. Res. 1328: Mr. MCDERMOTT, Mr. H.R. 5892: Ms. MCCOLLUM of Minnesota. HALL of Texas, Mr. COURTNEY, Mr. LANGEVIN, RIJALVA AXMAN PRATT H.R. 5898: Mr. COHEN. Mr. ALLEN, Mr. MICHAUD, Mr. HODES, Mr. G , Mr. W , Mr. S , Mrs. H.R. 5901: Mr. BRADY of Pennsylvania. CUMMINGS, Mr. MURPHY of Connecticut, Mr. DRAKE, Mr. HINCHEY, Mr. GONZALEZ, Mr. H.R. 5914: Mr. BOSWELL. BOSWELL, Ms. CORRINE BROWN of Florida, Ms. MCGOVERN, Ms. BORDALLO, Mr. ENGEL, Mr. H.R. 5950: Mr. MEEK of Florida and Mr. FALLIN, Ms. HIRONO, Mr. JACKSON of Illinois, BURTON of Indiana, Mr. PAUL, and Mr. FER- SESTAK. and Ms. MCCOLLUM of Minnesota. GUSON. H.R. 5954: Mr. MITCHELL and Mr. H. Con. Res. 378: Mr. BRADY of Pennsyl- H. Res. 1329: Mr. MORAN of Virginia, Mr. MCNERNEY. vania and Ms. BALDWIN. GRIJALVA, Mr. WELCH of Vermont, and Mr. H.R. 5965: Mr. BRADY of Pennsylvania. H. Con. Res. 380: Mr. PAYNE. CAPUANO. H.R. 6029: Mr. GEORGE MILLER of Cali- H. Con. Res. 381: Mr. BRADY of Pennsyl- H. Res. 1330: Mr. PRICE of Georgia, Mr. fornia. vania. HERGER, and Mr. HASTINGS of Washington. H.R. 6045: Mr. CUMMINGS, Mr. FORBES, and H. Con. Res. 385: Mr. ACKERMAN and Ms. H. Res. 1337: Mr. JACKSON of Illinois, Ms. Mr. COHEN. BERKLEY. MCCOLLUM of Minnesota, and Mr. MARKEY.

VerDate Aug 31 2005 05:53 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A14JY7.058 H14JYPT1 erowe on PROD1PC71 with HOUSE H6474 CONGRESSIONAL RECORD — HOUSE July 14, 2008 CONGRESSIONAL EARMARKS, LIM- limited tax benefits, or limited tariff for Fiscal year 2009, does not contain any ITED TAX BENEFITS, OR LIM- benefits were submitted as follows: congressional earmarks, limited tax bene- ITED TARIFF BENEFITS fits, or limited tariff benefits, as defined in The amendment to be offered by Rep- clause 9(d), 9(e), or 9(f) of rule XXI. Under clause 9 of rule XXI, lists or resentative SILVESTRE REYES, or a designee, statements on congressional earmarks, to H.R. 5959, the Intelligence authorization

VerDate Aug 31 2005 04:55 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A14JY7.068 H14JYPT1 erowe on PROD1PC71 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, MONDAY, JULY 14, 2008 No. 115 Senate The Senate met at 2 p.m. and was from the Commonwealth of Virginia, to per- Mr. REID. I object to any further called to order by the Honorable JIM form the duties of the Chair. proceedings with respect to the bill. WEBB, a Senator from the Common- ROBERT C. BYRD, The ACTING PRESIDENT pro tem- wealth of Virginia. President pro tempore. pore. Objection is heard. The bill will Mr. WEBB thereupon assumed the be placed on the calendar. PRAYER chair as Acting President pro tempore. Mr. REID. I will come later today The Chaplain, Dr. Barry C. Black, of- f and give a full statement on some of fered the following prayer: RECOGNITION OF THE MAJORITY the things we will try to do this week. Let us pray. LEADER I have other matters now, and I am un- Most holy and gracious God, who able to take care of it. But it should be turns the shadow of night into morn- The ACTING PRESIDENT pro tem- a very productive week. We had a very ing, satisfy our hearts with Your mercy pore. The majority leader is recog- good week last week. I would hope we that we may rejoice and be glad all the nized. can move through these amendments. day. Abide with the Members of this f We have a finite number of them. I body, permitting the light of Your SCHEDULE hope people will offer their amend- countenance to calm every troubled Mr. REID. Mr. President, we are ments and use whatever time they feel thought, and to guide their feet in the going to have an hour of morning busi- is appropriate. way of peace. Perfect Your strength in I hope we can finish this bill as ness as soon as Senator MCCONNELL their weakness and help them to serve and I finish our opening remarks, if quickly as possible. It is an important You and country to the glory of Your any. piece of legislation. The President, Name. Lord, in a world so uncertain Following morning business, the Sen- Senator BIDEN, and Senator LUGAR about many things, make our Senators ate will proceed to the consideration of have been waiting to move this legisla- sure of no light but Yours and no ref- S. 2731, the global AIDS legislation. As tion for many months. Hopefully, we uge but You. Give them courage to I announced on Friday, there will be no can do that this week. seek the truth and wisdom to humbly rollcall votes today. Senators should be f follow where it leads. We pray in the permitted to vote on amendments to- Redeemer’s Name. Amen. morrow morning before the recess for RESERVATION OF LEADER TIME f the caucus luncheons; if not on amend- The ACTING PRESIDENT pro tem- PLEDGE OF ALLEGIANCE ments, there will be things to vote on. pore. Under the previous order, the This week, in addition to considering The Honorable JIM WEBB led the leadership time is reserved. the global AIDS bill, the Senate may Pledge of Allegiance, as follows: turn to the consideration of LIHEAP, f I pledge allegiance to the Flag of the gas prices/market manipulation, Medi- United States of America, and to the Repub- MORNING BUSINESS care veto override, if, in fact, the Presi- lic for which it stands, one nation under God, The ACTING PRESIDENT pro tem- indivisible, with liberty and justice for all. dent does override that veto on Medi- care. We have to wait until the House pore. Under the previous order, there f acts first on that. will now be a period of morning busi- ness for up to 1 hour, with Senators APPOINTMENT OF ACTING f PRESIDENT PRO TEMPORE permitted to speak therein for up to 10 MEASURE PLACED ON THE minutes each. The PRESIDING OFFICER. The CALENDAR—S. 3257 Mr. REID. Mr. President, I suggest clerk will please read a communication the absence of a quorum. to the Senate from the President pro Mr. REID. Mr. President, I under- The ACTING PRESIDENT pro tem- tempore (Mr. BYRD). stand that S. 3257 is at the desk and pore. The clerk the call the roll. The assistant legislative clerk read due for a second reading. The assistant legislative clerk pro- the following letter: The ACTING PRESIDENT pro tem- pore. The clerk will read the title of ceeded to call the roll. U.S. SENATE, the bill for the second time. Mr. REID. Mr. President, I ask unan- PRESIDENT PRO TEMPORE, imous consent that the order for the Washington, DC, July 14, 2008. The assistant legislative clerk read To the Senate: as follows: quorum call be rescinded. Under the provisions of rule I, paragraph 3, A bill (S. 3257) to extend immigration pro- The ACTING PRESIDENT pro tem- of the Standing Rules of the Senate, I hereby grams, to promote legal immigration, and pore. Without objection, it is so or- appoint the Honorable JIM WEBB, a Senator for other purposes. dered.

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

S6613

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VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6614 CONGRESSIONAL RECORD — SENATE July 14, 2008 EXTENSION OF MORNING cluded all Democrats and 18 Repub- threatened. Every day the President BUSINESS licans. delays, senior citizens, the disabled, Mr. REID. Mr. President, I ask unan- We completed work on the Foreign and our veterans are put at risk. imous consent that morning business Intelligence Surveillance Act, a bill I There is a reason that all major orga- be extended until 4 p.m. today under opposed but the majority of Senators nizations representing doctors and pa- the same conditions as under the pre- supported. tients are desperate for this legislation After weeks of delay, Republicans vious order. to pass. Already, two States—Alabama surprised us by allowing us to proceed The ACTING PRESIDENT pro tem- and South Carolina—have told Medi- to PEPFAR, a bill to increase our in- pore. Without objection, it is so or- care patients that they must resubmit vestment in the fight against HIV/ dered. their eligibility for assistance pro- AIDS in Africa. I appreciate very much Mr. REID. Mr. President, I suggest grams. The President vetoing this is the decision by the Republican leaders the absence of a quorum. going to slow things down even more, to abandon their stalling of PEPFAR, The ACTING PRESIDENT pro tem- and other States will be forced to do which had been going on for months. pore. The clerk will call the roll. this. If the President signs this legisla- This legislation is supported by Presi- The assistant legislative clerk pro- tion into law today, as he has the dent Bush and virtually every Senator. ceeded to call the roll. power to do, any further chaos or inter- Just a handful of Republicans have Mr. REID. Mr. President, I ask unan- ruption of care can be avoided. blocked its passage. We should have If the President chooses to veto our imous consent that the order for the passed PEPFAR by unanimous consent bill, I am confident we will have the quorum call be rescinded. weeks ago, but now we have a chance votes to override it. We have checked The ACTING PRESIDENT pro tem- to move forward on this legislation. with all 9 of the Republicans who voted pore. Without objection, it is so or- For the small handful of Republicans to allow us to get the 69 that—in effect, dered. who still object to PEPFAR, rest as- voted the first time this way. We f sured that we have done everything checked with the 9 Republicans who ORDER OF PROCEDURE reasonable to assuage your concerns. voted earlier, and we have heard from 1 The current version of the bill took additional Republican who said he will Mr. REID. Mr. President, I ask unan- many of those concerns into account, vote to override the veto. imous consent that following my re- and we will allow up to 10 additional I don’t know why the President is marks, the Senator from North Da- amendments. We make a lot out of the doing this. All he is doing is creating kota, Mr. DORGAN, be recognized. 10 amendments, but prior to that chaos with senior citizens, with pa- The ACTING PRESIDENT pro tem- agreement being made Friday night, tients who are veterans or on Active pore. Without objection, it is so or- Senators BIDEN and LUGAR changed the Duty, and the disabled. That is a bad dered. bill many times, trying to pacify those choice for the President to make—to f who objected to the bill. I am confident protect HMOs and insurance compa- that with this agreement in place, we nies. But the longer we go without this TAKING SENATE ACTION can have a productive debate and send bill as law, the longer millions of Mr. REID. Mr. President, on this day, this legislation to the President so Americans, including many of our in 1965, former Governor and Demo- that we can reestablish our commit- country’s most vulnerable, are faced cratic Presidential nominee Adlai Ste- ment to the world that America will with uncertainty and risk that their venson died. Governor Stevenson was join and lead this global fight. health and well-being will be jeopard- the last Presidential nominee from the The housing stimulus legislation we ized. State of Illinois until this year. We passed last week is now back in the Finally, we will continue to address have every hope and confidence that House of Representatives. The White the energy crisis this week. This past Senator OBAMA will be the next Presi- House plans to send us legislation to Thursday, I had a long and productive dent of the United States. include in that bill that will support meeting with former Senator Jim Sas- Governor Stevenson once said: the success of Fannie Mae and Freddie ser, who was the moderator, and ex- Public confidence in the integrity of the Mac so that American families will perts from the oil industry, the air- government is indispensable to faith in de- continue to have access to home fi- lines, and the financial sector of this mocracy; and when we lose faith in the sys- nancing. We certainly wish the Presi- country. The group agreed that tapping tem, we have lost faith in everything we dent had become engaged in working into the Strategic Petroleum Reserve, fight . . . for. with us to address this growing crisis as President Bush’s father did, would With our economy slumping deeper long ago, but we are eager to receive help lower oil prices. The group also into recession, our financial institu- and review this legislation. Once we re- agreed that Congress should enact tions facing ever-greater challenges, ceive the President’s proposal, we are tough legislation to curb energy specu- and two wars overseas with little determined to review it and act as lation, with speculators driving up oil progress or end in sight, the American quickly as possible. Just before coming prices for their own gain while the people are rightly frustrated with their in here, I spoke with Secretary American people are left paying the Government. But the progress we made Paulson. He explained, in some detail, bill. Is that the only problem? Of in Congress last week should give the the importance of moving this legisla- course not. But is it a problem? Yes. American people a renewed faith that tion very quickly. We continue to work toward bipar- when Republicans abandon their fa- We are committed to passing legisla- tisan legislation on speculation. vored path of obstruction to embrace tion that will guarantee a steady flow Will stemming speculation solve the compromise and common ground, we of funds into the market if conditions energy crisis? Not totally, but it will can make progress. require it so that home ownership con- lower prices in the near term and bring We passed a housing bill that will tinues to be accessible to American stability to the market. That is why help 8,500 American families who lose families. But we have to work to en- legislation on speculation is the first their homes to foreclosure every day sure that American taxpayers are not part of our plan. I would hope the Re- and help eliminate the irresponsible unfairly burdened if Government ac- publicans would join with us. Part of practices that created the housing cri- tion becomes necessary. their plan that is pending—has been sis to prevent it from happening again. We also await President Bush’s ac- rule XIV’d and is here at the desk—has Sadly, it took us about 130,000 fore- tion on the Medicare doctors fix. When a provision that deals with speculation. closures to finally get this bill passed. a veto-proof majority of 69 Senators I hope they would allow us to move for- The obstructionism of the Republicans joined with 355 Members of the House ward on a bipartisan speculation bill led to 130,000 other homes being fore- of Representatives to pass this legisla- and pass it. Then we can move to other closed upon. tion, we sent a clear and unmistakable issues relating to energy. But we can’t With Senator KENNEDY leading the message to the President: Sign this have a free-for-all with everyone hav- way, we passed the Medicare doctors bill. Every day that goes by, the integ- ing their own pet way of solving the fix by a veto-proof majority that in- rity of Medicare and TRICARE is energy crisis.

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6615 I would hope that we could move to- is a fiscal policy that is way out of bal- It was perhaps not a surprise to him to ward a bipartisan bill on speculation. ance. understand that product of energy af- As I said, speculation is only the first The President requests a budget to fects our lives every day in every way. part of our plan. the Congress of roughly $420 billion in Energy is critical to our lives. We get For months we have urged Repub- yearly deficits, but that, of course, is up in the morning, virtually every one licans to join us in passing tax extend- not the deficit. The deficit is how much of us who is within listening distance, ers that will cut taxes to give Amer- we have to borrow. This President’s fis- and we flick a switch. That means a ican companies reliable incentives for cal policy is off track by the tune of light goes on, the product of energy. It investing in alternative energy $600 billion to $700 billion a year be- means perhaps you brush your teeth sources. The tax extenders bill would cause that is, in fact, what has to be with an electric toothbrush, and thus speed our move away from oil and to- borrowed. He doesn’t include in his battery energy. It means you shave ward a cleaner, more efficient energy budget request the cost of the Iraq war, with an electric razor, perhaps, and use future using wind, solar, geothermal, which is very expensive. electric energy. You heat up some cof- and other renewables. It would create We have the subprime loan scandal, fee, electric energy. You take a shower hundreds of thousands of good, high- the problems in the credit market, the and a hot water heater that runs on ei- paying, permanent American jobs. fiscal policy that is off track, a trade ther gas or electric energy produces Just as Democrats are keeping an policy that means we are running a hot water. Then you get in the car to open mind about the need for increased deficit of over $2 billion a day every go to work, and you put a key in the domestic production by insisting that single day by importing more than we ignition and turn it. You use energy, in oil companies start drilling on the 68 are able to export. Then, add to those most cases from gasoline. million acres of American land they issues what is happening to energy, Energy affects almost everything we lease but are not using, we hope Repub- particularly the price of oil running up do, and we don’t give it a second licans will join us in finally passing the like a Roman candle, $140 to $145 a bar- thought until one day when the lights tax extenders bill. We must stem en- rel, and suggestions by some big in- go out and electricity is gone for 4 days ergy speculation. We must responsibly vestment banking firms that it may and an entire neighborhood is up in tap into emergency domestic oil re- reach $200 a barrel. What does all of arms. How on Earth can we live with- serves. We must increase domestic pro- this mean? What do we do about it? out electricity? Or until at some point duction, and we must give American I have mentioned before a trip late when gasoline is not available and, companies tax cuts to develop clean, one evening over the Pacific Ocean in therefore, your car is of little value. It alternative, renewable energy right what was the previous Air Force One, happens from time to time. here at home. that big, old airplane. I believe it now Now what has happened to our coun- With less market manipulation, more sits at the Reagan Library in Cali- try and to the world with respect to en- domestic supply, and incentives to fornia, a 707. It was the Air Force One ergy policy is, we have a big appetite move away from oil toward renewable that brought John F. Kennedy’s body for energy. We are seeing the price of energy, we can overcome this crisis and back to Andrews Air Force Base in oil, which is a very important part of set our country on the path toward a 1963. It was the Air Force One used by our energy appetite, go up, up, up, like cleaner, safer, more affordable energy Presidents up until George Bush, the a Roman candle, $140 to $145 a barrel, future. That is the Democratic plan. senior, and then it was replaced. and gasoline prices follow suit. A whole We hope Senate Republicans will work One of the last flights of that air- lot of folks at this point aren’t able to with us to pass it into law. plane was one I was on to Asia, to afford to fill the tank with gas. A The ACTING PRESIDENT pro tem- China, Japan, and Vietnam. A number whole lot of trucking companies can’t pore. The Senator from North Dakota. of my colleagues were on that flight— afford to buy the gas or diesel for their Mr. DORGAN. Mr. President, I sug- the majority leader, Senator Daschle. saddle tanks on those big trucks. A lot gest the absence of a quorum. My colleague from Ohio, John Glenn, of airlines can’t afford to put jet fuel in The ACTING PRESIDENT pro tem- was also on the flight. It was late at the wings these days. So we have a pore. The clerk will call the roll. night flying over the Pacific that I had good many airlines going into bank- The bill clerk proceeded to call the a chance, for the first time, to ask Sen- ruptcy, and more out of business. roll. ator Glenn a lot of questions about the The question is, Why is the price of Mr. DORGAN. I ask unanimous con- time he rode around this planet in a oil where it is? What has happened? Let sent that the order for the quorum call little space capsule called Friendship 7 me describe a couple things that have be rescinded. by himself orbiting the Earth. I was a happened that lead me to believe we The ACTING PRESIDENT pro tem- very young person at the time of the have to take action now, and very ag- pore. Without objection, it is so or- flight, but I remember vividly the re- gressive action as well. In the last 12 to dered. ports on the radio and television about 14 months, the price of oil has doubled. f John Glenn lifting off as the first Has anything happened in the last year American to orbit the Earth and how with respect to supply and demand ENERGY CHALLENGES excited I was. So that evening, as a that would justify the price of oil dou- Mr. DORGAN. Mr. President, my col- U.S. Senator, with my colleague, John bling? I can’t think of anything, except league, the Senator from Nevada, just Glenn, sitting there, I began peppering perhaps there is less demand for gaso- described a series of challenges we face. him with questions about that line at the moment. Our country is I don’t know that I have seen a more spaceflight. driving less. We have driven something daunting time in this country in some One of the questions I asked was, I close to 5 or 6 billion fewer miles in long while than the time before us. The had remembered that the city of Perth, this 6-month period than the previous issues today of the credit crisis—the Australia, decided to welcome this as- 6-month period. So demand for gasoline subprime loan scandal, bank failures, tronaut flying alone by, when he came is actually down. One would think if the threat of bank failures—these are to the dark side of the Earth, turning that is the case, prices should abate or serious issues. I am convinced the on all the lights. Every light in Perth come down. But they didn’t. They went quick action by the Federal Reserve was on that night. They lit up this city straight up. Board and the Secretary of the Treas- called Perth, Australia, and I asked Here is what is happening: Explosive ury this weekend was necessary. But John Glenn that evening: Did you see growth of speculation in the oil futures on top of that, there is a fiscal policy the lights of Perth as you reached the market. Speculators in the year 2000 that is way off track. We are engaged dark side of the Earth up there in space were 37 percent of that market. In 2008, in a war in which none of the cost of alone? Did you see that shining light of 71 percent of the people in this market the war is paid for. We have a Presi- Perth? are speculators. That is, they are not dent who insists the entire cost of the He said: I did. interested in owning oil. They are in- war be added to the debt, and an at- The only evidence of human life that terested in contracts for oil with which tempt by Congress to change that existed on the planet below were the they can buy and sell and trade and would result in a Presidential veto. It lights shining up, a product of energy. make a profit.

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6616 CONGRESSIONAL RECORD — SENATE July 14, 2008 Will Rogers described it decades ago: ing almost nothing at all to do with decades later, with a dramatic amount People buying things they will never supply and demand. of speculation that is wrecking this get from people who never had it, mak- There is a need, it seems to me, for market. Should we do something? The ing money on both sides of the trade. the Congress to address this issue of answer is we must. We don’t have a So what about speculators? Are they excess speculation. Those that need a choice. Of course, we should. commodities market are the airlines, causing price increases? My hope is—as the majority leader Let me share some comments from trucking companies, farmers, and oth- indicated, we are going to be able to some people who might know. The sen- ers so they can hedge risks. There is a address this issue later this week. My ior vice president of ExxonMobil, in legitimate function of hedging risks, hope is we will be able to take legisla- April of this year: and that is what the market was cre- tion to the floor of the Senate, and if a The price of oil should be about $50 or $55 ated for. A consumer and producer per barrel. hedges risk with respect to a physical regulator cannot regulate effectively— and this CFTC apparently cannot—and Another comment: product, a perfectly legitimate func- the head of the regulators has already Experts, including the former head of tion. But the fact is, those interests ExxonMobil, say financial speculation in the that are most concerned about the made a judgment, a judgment he has energy markets has grown so much over the Congress taking action to address a stated four or five times since January: last 30 years that it now adds up to 30 per- market that is broken are those who This market is working fine. This is cent or more to the price of a barrel of oil. need the markets to hedge risks—air- not about speculation. This is about Energy Secretary Bodman takes a lines, trucking companies, farmers and the fundamentals of supply and de- different view. He says: others—because they know this market mand. What, me worry? Things are There’s no evidence we can find that specu- is broken. They know this is a market fine. Don’t worry. Then, at the end of lators are driving futures prices [for oil]. that is supposed to work for them to last month, the Chairman apparently Let me give you a couple different hedge risk, but now it is completely had some sort of epiphany, a dream and views. The CEO of Marathon Oil: broken, taken over by speculators. woke up the next day and said: We $100 oil isn’t justified by the physical de- There is a columnist in the Wash- have actually been investigating this mand in the marketplace. ington Post this morning who does his for 7 months. This is from Clarence Cazelot, CEO of usual—he does about two pages of re- One of those statements is not true: Marathon Oil. search and then he skips the next five Supply and demand at work; don’t pages, so he never quite gets to the From a chart I have used previously, worry, be happy; or we have been wor- truth. He says this speculation stuff, Mr. Fadel Gheit, who was for 30 or 35 ried for 7 months. It is not clear what that is made up. He doesn’t use the years the top analyst for Oppenheimer position represents the position of the word ‘‘populace.’’ He says they are a & Co., he said: Chairman of the CFTC, but they are There’s no shortage of oil. I’m convinced bunch of ne’er-do-wells who don’t have the foggiest idea what they are talking positions at dramatic odds with one an- that oil prices should not be a dime above $55 other. barrel. I call it the world’s largest gambling about. It is not a surprise to me that hall. It’s open 24/7. Unfortunately, it is to- there are those who believe the current Let me say in addition, we hope this tally unregulated. This is like a highway system is working. It certainly works week we can address some legislation with no cops and no speed limit, and every- for some, doesn’t it? that will bring down the price of gaso- body is going 120 miles an hour. The OPEC countries must love walk- line and put downward pressure on oil I want to go back to the Energy Sec- ing to the bank with our money and prices. Even doing that doesn’t address, retary’s notion that there is really no making a deposit in their account. The in the long term, what we need to ad- speculative role. Here is the Wash- oil companies must love making depos- dress. All of us understand that. But it ington Post, July 7, a week or so ago: its of our money into their accounts. I does address, in the short term, what The wave of investment dollars has flooded understand why some of the invest- we have to do to put some downward commodity markets in recent years and crit- ment banks and other market players pressure on these prices. ics say contributed to the runup in prices. who are engaged in neck-deep specula- I don’t think there is any question Here is the point: tion and have been making a lot of that the price of oil and gas and the Investors, including pension funds and money love the status quo. They love runup is hurting the economy of this Wall Street speculators, have sharply in- what has happened here. It doesn’t country, hurting key industries in this creased their commodity allocations since bother them a bit where the price of oil 2003, from $13 billion to $260 billion. This has country, certainly hurting American made financial actors an even larger force on is, as long as they make money over all this speculation. families, and we can do something these markets than farmers, airlines, truck- about it, I believe, in the short term. ing firms, and companies that buy and sell What I think we should do is pass the physical goods to run their businesses. legislation similar to that which I have In the longer term, some of our col- For decades, trading commodity contracts introduced. It is called the End Oil leagues will say: We have to drill. I were considered taboo by most pension funds Speculation Act. End oil speculation— support that. I don’t support drilling because the market is so volatile and risky. how do you do that? You do it through everywhere. But it is interesting, the That has all changed. Now we have a couple of approaches. No. 1, you take minority party put together a proposal the California pension fund, CalPERS, the oil futures market and you require that talks about drilling. But they for- and other pension programs that are the referee, the Commodity Futures got to include all this area off the shoving money into the commodities Trading Commission (CFTC), to distin- coast of Florida. Isn’t it interesting, I futures. It doesn’t mean they want to guish between legitimate hedging— know why they didn’t include it. Be- own oil. They want to speculate. that is, those who want to, between a cause one of their caucus does not want Walter Lukken is the Acting Chair- consumer and a producer, hedge their to drill off the coast of Florida, does man of the Commodity Futures Trad- risk with a physical product. You must not want to drill in these eastern ing Commission. This is the Commis- distinguish between those interests and waters off the Gulf of Mexico. They sion that is supposed to be the referee, all other interests who are just in this also know President Bush does not the Federal regulator wearing a striped market to speculate. want to allow U.S. companies to drill shirt and blowing a whistle when they With respect to those who are in this off the coast of Cuba, so these were in- call the fouls. Markets work, in most market just for pure speculation, es- cluded in their proposals. They are all cases, but when markets don’t work, tablish significant position limits. We you have to have a referee. Walter can wring the speculation out of this big drilling advocates, except they Lukken, the referee for us, says the system and should. I am talking about don’t want to drill where most of the price of oil is going up because demand the excess speculation. This oil com- oil exists. is outstripping supply, strong fun- modity futures market was created in This is a chart of the technically re- damentals are at play. Apparently, he 1936, and when President Roosevelt coverable oil. Let me show where it is. misses the fact from 2003 until now, $13 signed the bill, he warned about excess This is the Outer Continental Shelf of billion to $260 billion, that is an addi- speculation. In fact, the bill itself had the Pacific, this is Alaska, this is the tional $247 billion have gone into this a provision dealing with excess specu- Outer Continental Shelf of the Atlan- market driving up the price of oil, hav- lation. Now we find ourselves, all these tic, and this is the Gulf of Mexico. We

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6617 can see where the bulk of the tech- need for energy. The incandescent light Mr. BROWN. Mr. President, I ask nically recoverable oil is. I was one of bulb is on its way out. It will not be unanimous consent that the order for four Senators—Senators BINGAMAN, too many years when we will not find the quorum call be rescinded. DOMENICI, and then-Senator Talent— one in this country because we can The ACTING PRESIDENT pro tem- who offered the legislation to open light America’s houses and commercial pore. Without objection, it is so or- lease 181. Lease 181, which is now 8.3 facilities with about 80 percent savings dered. million acres in the gulf, was opened in of what we have been using in the past. f 2006. That is an additional 8.3 million Finally, and most importantly, in my DHL SELLOUT additional acres opened for oil and gas judgment, as we look forward some leasing. years, we have to, as a country, decide Mr. BROWN. Mr. President, this sum- I have also introduced legislation to get dramatically involved in renew- mer is turning out to be one of great anxiety and uncertainty for literally that opens all this additional area in able energy. We are not nearly there thousands of families in southwest the eastern Gulf of Mexico and off yet. We have some movement toward Ohio. At this moment, the economic Cuban waters. So do I support drilling? renewable, but we are not doing what future of more than 8,000 people—8,000 I do. It is just that the minority side we should do. The debate in the Con- workers and their families—in the Wil- does not support it quite as much as gress has been about whether we mington and surrounding communities they pretend to support it. should increase the production tax Let me describe this chart. These are hangs in the balance. credits, tax incentives by 1 year. That DHL, the cargo carrier service, has the waters off Cuba open for leasing. is pathetic. We ought to say we are There is half a million barrels of oil a threatened to shut down its Wil- going to do this for a decade. America, mington hub, a decision that, if suc- day that could come into production, you can count on where we are headed. and our U.S. companies cannot go in cessful, threatens both families and In the next decade, we are going to surrounding communities. In May, there to compete against other nations build substantial capability for wind, to drill for it. Spain is there. Canada is DHL’s parent company, the German solar, biomass, and more. We ought to company Deutsche Post World Net, an- there. India is there. China is there. say here is where America is headed for nounced a proposed deal with UPS that They all have a desire to drill in that 10 years. We are nibbling around the would close the Ohio operation. water. We cannot go there because our edges talking about a 1-year extension In 2004, the State of Ohio and the city companies are told by President Bush: of this and that. It is not that we have of Wilmington, a community of 13,000 No, we have an embargo against Cuba; not tried. people, and surrounding counties— you can’t go after this 500,000 barrels of We had a longer extension on the Highland County, Greene County, oil a day in these waters because of our floor of the Senate, but regrettably, Clark County, and the area around it— embargo against Cuba. That is absurd, the minority side largely blocked it. In proudly laid out the welcome mat for absolutely absurd. fact, they have blocked these exten- DHL, providing more than $400 million I have said often on the floor of the sions three times. Our hope is that we in incentives only 4 years ago. It was, Senate, we stick little straws in this as a country will be able to say our pol- we thought then, the beginning of a planet as we circle the Sun and we icy is conservation, efficiency, yes, long friendship. suck out about 86 million barrels of oil drilling in the right places, but our pol- The Wilmington Air Park is the larg- a day. We use one-fourth right here on icy is especially to move forward with est employer in a six-county area of this little place on the planet called substantial and dramatic amounts of Ohio. Literally, in each of the six coun- the United States. We have a pro- new renewable energy. ties in the region, DHL is the single digious appetite for oil. That reflects I know the American people look at largest employer. Air Park employees in many ways the economy we built. the Congress from time to time and were drawn from 45 counties, more We have built a wonderful economy. wonder if anything can get done. There than half of Ohio’s 88 counties. This is a great place to live. There is certainly is an urgency with respect to Tomorrow, Americans from across no place like it on Earth. But divine the policies I described—the fiscal pol- the country will gather around their providence did some strange things. icy that is way off track, a trade policy television sets to enjoy baseball’s All Most of the oil is under the sands half- that is producing $800 billion a year in Star game in Yankee Stadium. The way around the world in the Persian trade deficits, a policy that has allowed first pitch will be thrown by Cleve- Gulf, and most of the demand is in the the subprime loan scam to exist and land’s All Star pitcher Cliff Lee. Dur- United States. There is more and more develop right under the nose of regu- ing this midsummer classic, fans may demand ahead of us with respect to lators who apparently were dead from notice emblazoned on the walls of Yan- China and India. We understand that. the neck up. All these things are ur- kee Stadium and on game memorabilia We knew that 12 to 14 months ago. So gent needs for this country to address. the DHL logo, because DHL is the offi- that is not what is causing the runup But none is more urgent at the mo- cial carrier of major league baseball. in prices today. More than 8,000 Ohio workers and their ment than trying to find a way to put But we all know, if we look ahead, we families have helped make DHL a some downward pressure on gas and oil need to leapfrog to other technologies, major league player in the North prices that have risen out of sight, in even as we search for additional oil. We American express delivery business. my judgment, disconnected to the sup- will drill for more oil in the right Their families in the community have ply-and-demand fundamentals of where places. Obviously, the chart I showed supported DHL, worked for DHL, a market ought to be. for the Gulf of Mexico has far more helped build DHL, and State and local than my friends in the minority would Every American is affected by this governments pitched in, as I said, with aspire to achieve in other regions. runup in prices, and our country is $400 million to build this company and In addition to drilling in an appro- being irreparably damaged by what it help it thrive in southwest Ohio. priate way, we need much more con- costs for us to send all this massive Thankfully, the agreement with UPS servation. Conservation is the easiest money every single day overseas in and the agreement to shut down is not and by far the least expensive way to search of oil that is produced outside yet final, and so we fight. This morn- produce energy because we are such un- our country’s borders. ing, earlier today, Mayor David Raizk, believable wasters of energy. So con- We need a short-term urgent plan Clinton County Commissioner Randy servation is, first and foremost, the and a long-term thoughtful plan to find Riley, and I joined hundreds of DHL, best place to get additional energy. our way through this situation and put ABX, and Air Star workers to fight for Second is efficiency. It doesn’t mat- America on a better course for energy. these jobs and this community. To- ter what you use—a hot water heater, a I yield the floor and suggest the ab- gether, I delivered to DHL’s head- furnace, an air-conditioner—it doesn’t sence of a quorum. quarters in Wilmington—at their head- matter what you use. The dramatic in- The ACTING PRESIDENT pro tem- quarters just outside Wilmington, on crease in efficiency of every appliance pore. The clerk will call the roll. the outskirts of Wilmington—I deliv- everybody uses, including these light The legislative clerk proceeded to ered more than 9,000 signatures on peti- bulbs, can substantially reduce our call the roll. tions to DHL headquarters, petitions

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6618 CONGRESSIONAL RECORD — SENATE July 14, 2008 that were denied by DHL management takes. This morning in Wilmington it berculosis and malaria and yet in 2007 2 weeks ago when employees and com- was clear that this community sticks alone, 2.5 million people around the munity members tried to deliver them. together when times are tough. globe were infected with HIV—or the DHL needs to hear from these fami- I yield the floor and suggest the ab- equivalent of some 6,800 per day, 4,600 lies and they need to understand that sence of a quorum. of whom live in Africa. And while 4,600 good corporate citizenship means more The ACTING PRESIDENT pro tem- Africans are being infected every day, than baseball advertisements and com- pore. The clerk will call the roll. some 6,000 Africans are dying from pany sponsorships. DHL workers and The legislative clerk proceeded to AIDS-related illness—many without their families rightfully feel betrayed call the roll. ever realizing they were HIV-positive by the callous decision made by Deut- Mr. FEINGOLD. Mr. President, I ask or, if they did know, without ever hav- sche Post. unanimous consent the order for the ing access to any treatment for their This kind of betrayal does not just quorum call be rescinded. illness. In other words, despite a eliminate jobs. The community loses The PRESIDING OFFICER. (Mr. ground-breaking initiative to raise the revenue, public schools take a hit, the CARDIN). Without objection, it is so or- profile of the disease, to work with police force, fire department—all take dered. local communities and national health major hits. It is estimated that 10 per- f systems, and to coordinate among the cent of the Wilmington City school HIV/AIDS, TB, AND MALARIA international community, Africa’s fu- budget is derived from DHL’s oper- REAUTHORIZATION ture remains in peril. ations in Wilmington. Hospitals suffer. HIV/AIDS is spreading in African Clinton Memorial Hospital is a not-for- Mr. FEINGOLD. Mr. President, I rise countries that are already hard hit by profit, and people connected with DHL today to express my strong support for a range of other problems including account for a huge percent of their the Tom Lantos and Henry J. Hyde rampant poverty, political instability overall operations. They get $7 million HIV/AIDS, TB, and Malaria Reauthor- and a lack of basic services and edu- in revenue just from DHL, ABX, and ization Act. Although we have made cation. The result is decreased state ASTAR, and their overall budget is significant headway over the last 5 capacity and an undermining of the de- $100 million. They don’t know how they years, the HIV/AIDS pandemic remains velopment of civil society. HIV does will be able to continue operations if one of the world’s worst public health not discriminate, and it is hitting DHL closes its operations in Wil- crises, with millions of people infected members of Africa’s political leader- mington. around the globe and millions more ship, its college-trained professionals, There are some 15,000 children of who have already perished. As chair- and its skilled labor forces. And as it those DHL workers at the Wilmington man of the Senate Foreign Relations takes its toll on these groups, it is hav- airpark—DHL, ASTAR, and ABX—who subcommittee on Africa, and because ing a devastating effect on entire gen- will lose their jobs. of the disease’s disproportionate im- erations. I saw this firsthand just Today I stood with the real All Stars, pact on sub-Saharan Africa, I would under a decade ago when I traveled to a couple of hundred workers and their like to focus my remarks today on that Zimbabwe, and I have seen it since in families from southwest Ohio at DHL region to illustrate just how critical— other trips to Africa. and at their union hall right across the and urgent—it is that we pass this bill. At that time, reports were noting street. In the last few months they Despite some progress, AIDS remains that life expectancy had dropped from have been sending me their stories. I a severe public health concern in Afri- 65 to 39 because of the epidemic. As I would like to share some of them. ca. Indeed, HIV continues to spread, walked past the parliament building in Tara Pratz of Lebanon, a community with many countries on the continent Harare, I asked how old one had to be a few miles from there in Warren Coun- experiencing unprecedented drops in to become a legislator. The answer? ty, told me she and her husband relo- population, economic decline, decima- Forty. And now, even as it copes with cated to Ohio because they trusted tion of militaries, and the creation of a new, devastating political and hu- DHL and the promises made to her and an entire generation of orphans who manitarian crisis, Zimbabwe is experi- workers like her. Reading from her know no other life but that of the encing even lower life expectancy note, she said: streets. These societal disruptions have rates—37 for men and just 34 for Deustch-Post is nothing more than a cor- profound consequences for the con- women—even lower than the minimum porate terrorist destroying the very lives tinent’s future and security; already, age to be elected a member of Par- that built the company. they are impeding development in the liament in that country. Kelly Morse of Blanchester also part of the world least able to contain Despite the critical assistance of the wrote me about moving to Ohio be- the epidemic or treat its victims. United States, the cold hard facts—the cause of the loyalty she felt for DHL. In December 2007, the Joint United numbers of those infected and dying— She wrote: Nations Program on HIV/AIDS— show that even more help is needed UNAIDS—reported that worldwide, ap- At first we did not want to move, but as a from the international community. loyal employee I wanted to live close to my proximately 35 million people live with Last August, on a trip to Uganda, I met employer. DHL needs to be held accountable HIV/AIDS. Similar organizations re- with a number of health experts—from for the commitments they made to the peo- port that at the current rate, by 2015 government health workers to civil so- ple, workers, and community of southwest more than 62 million people could be- ciety representatives—to discuss how Ohio. come newly infected. Currently, over the United States can build on the New Vienna resident Beth Carpenter two-thirds of HIV cases are in Africa, good work that began with PEFPAR, wrote: which means there are somewhere be- and provide a more vigorous response My husband is one of the many employees tween 20 million and 24 million adults to the disease. being laid off . . . with the economy the way and children in that continent who are We discussed what had worked and it is, it is hard enough trying to keep food on HIV-positive. And these are just the what had not, and they told me very the table, let alone to try to do it without a cases we know of—these are just the clearly that in order to put a dent in job. reported and documented cases. As a the devastating impact of this pan- Sherry Barrett, also of New Vienna, point of comparison, the region with demic, we need to focus not only on wrote, simply: the next highest infection rate is treatment but equally, if not more, on We are all extremely terrified of what our Southeast Asia—with some 4 million prevention. They shared examples of future holds. . . .We need all of you in our individuals living with HIV. why, in order to help those most vul- government to fight hard for us and Ohio. Since 2003 there has been a signifi- nerable, HIV/AIDS efforts need to in- Again, it doesn’t need to be this way. cant bipartisan effort to address this clude programs that address gender in- DHL has been a good corporate citizen. crisis with the creation of the Presi- equity, family planning, food and nu- It can remain a good friend to the peo- dent’s Emergency Plan for AIDS—or trition, and social stigma. And they ple of Ohio. Workers and family mem- PEPFAR as it is more commonly were unequivocally clear that we need bers and the community are ready to known. PEPFAR authorized some $19 to work closely with national govern- do whatever it takes—whatever it billion over 5 years for HIV/AIDS, tu- ments and local communities to help

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6619 build strong, sustainable health infra- and expands the United States’ re- interventions. Many have had concerns structures that can provide assistance sponse to the HIV/AIDS pandemic. that the Government’s action tells the to their own citizens. Passing this bill will ensure the con- market that the Fed is willing to help I mention Uganda because it has been tinuation of U.S. leadership to prevent, a large and failing financial enterprise, a rare example of success on the con- contain, and combat HIV/AIDS, tuber- which, in many people’s view, sets a tinent. The government’s early rec- culosis, and malaria in a way that ad- bad precedent in terms of corporate re- ognition of the crisis and its initial vances a broader range of global health sponsibility. comprehensive policies—including a and development objectives. To do any- And by way of information, Bear well-organized public education cam- thing less would not only be bad policy, Stearns’ CEO earned $38.4 million in paign—are credited with helping to it would be short-sighted and counter- 2006. They did not file a proxy state- bring adult HIV prevalence down from productive. ment in 2008; his compensation was not around 15 percent in the early 1990s to The PRESIDING OFFICER. The ma- available for 2007. But I will say that just over 5 percent in 2001. Unfortu- jority leader is recognized. again. In 2006, previous to this crisis, the CEO made $38.4 million. nately by 2006, scientists were sug- f gesting that Uganda’s HIV prevalence Last week, IndyMac Bank of Pasa- rates were once again rising. Indeed, I EXTENSION OF MORNING dena, CA was closed by the Federal Of- heard that same concern from most, if BUSINESS fice of Thrift Supervision, and the not all, of the people I met there, as Mr. REID. Mr. President, I ask unan- FDIC, the Federal Deposit Insurance Corporation, was named conservator well as from the President of Uganda imous consent that the morning hour and therefore took over this bank’s op- himself. be extended to 4:30, with all other con- The underlying message was that fo- ditions of the previous order remaining erations. According to the FDIC, the cusing on treatment is not enough. In in effect. bank’s board of directors was dissolved, the case of Uganda, given the rising in- The PRESIDING OFFICER. Without the CEO was fired, and upper manage- fection rates—as with many other objection, it is so ordered. ment may remain, although this has not yet been determined. But the new parts of the world—the emphasis on The Senator from Virginia is recog- CEO in this situation is now an FDIC treatment fails to address the factors nized. employee and is therefore compensated driving the epidemic. Don’t get me f per a Government payscale. As con- wrong—Ugandans are grateful for U.S. FANNIE MAE AND FREDDIE MAC servators, the FDIC will operate the HIV/AIDS funding—but they made it bank to maximize the value of the in- clear that future support would be Mr. WEBB. Mr. President, we are stitution for further sale and to main- more effective if it were more com- going to be talking this week quite a tain banking services. prehensive, and corresponded more bit about the situation with Freddie Mac and Fannie Mae. We had news this So when we look at the situation we closely to national needs, conditions, are now facing with Fannie Mae and and initiatives. weekend that the Federal Reserve and Treasury are intending to intervene to Freddie Mac, I think it is important to It has become a common refrain that lay down three guiding principles. The we cannot treat our way out of this shore up Freddie Mac and Fannie Mae. This situation underscores the depth first is, we do need to ensure that the global pandemic and I continue to be- measures we are taking protect these lieve that is the case. As long as infec- and the persistence of our Nation’s housing crisis. Last week, I joined a bi- Americans who remain at risk of fore- tion rates are rising, treatment and closure. We have to take some proper partisan majority of Senators in voting care costs will increase, as will the dis- action now so that this crisis does not to approve a housing bill that is in- ease’s burden on key vulnerable popu- grow deeper. But we also need to be tended to strengthen oversight in lations as well as their families, com- very sensitive to the thousands of Fannie Mae and Freddie Mac, to allow munities, and countries. workers, many of whom live in this the FHA to guarantee up to $300 billion Scientific evidence supports the an- area, who have built careers at Fannie in new loans for at-risk subprime bor- ecdotal evidence I heard from many in Mae and Freddie Mac. Many of those rowers. But I think it would be useful Uganda. It confirms there is much to workers have their retirement savings at this time to review a few recent data be gained by integrating the treatment tied up in the plummeting stock of points in other areas because they and care of other diseases—particularly these formerly robust companies. But tuberculosis but also more common, should cause all of us some concern as we focus rightly on those two con- preventable ailments—with HIV pro- about where we are heading and the de- cerns, on the homeowners and on the grams and expanded informational cisions we are making as fiduciaries of workers, we also need to be equally awareness campaigns that encourage the public trust. clear that any solution to this crisis health knowledge and capacities. Part In March of this year, Bear Stearns, has to be fair to the American tax- of the challenge of addressing HIV/ the Nation’s fifth largest investment payers who ultimately are going to AIDS is that the disease does not sit banking firm, was battered by what its foot the bill. When times go bad like easily within any particular policy officials termed a sudden liquidity cri- this, quite often the people who are area and although there are important sis regarding or related to its large ex- paying the taxes are people who do not domestic components related to health posure to devalued mortgage-backed even own stock, or maybe it is some- and human services, these are also securities. body who makes $40,000 a year driving clearly questions of foreign policy and At that time, Bear Stearns, a truck who now is being asked to put international assistance. All of these JPMorgan, and the Federal Reserve money up to preserve an entity where, need to be integrated into a harmo- reached a negotiated deal. JPMorgan again, we see executive compensation nious whole. purchased 95 million newly issued and stock values over the years have And that is why today I encourage shares of Bear’s common stock, and the increased. my colleagues to support The Tom Fed, which in reality means the people Paul Krugman wrote a piece in the Lantos and Henry J. Hyde HIV/AIDS, who pay the taxes in our country, be- New York Times today addressing ele- TB, and Malaria Reauthorization Act came responsible for up to $29 billion in ments of this issue. I want to read a and to reject any amendments that losses if the collateral provided by Bear portion of it. would undermine this bipartisan legis- Stearns for the loan proves to be worth The case against Fannie and Freddie be- lation. This bill is not perfect but, if less than their original claims. That is gins with their peculiar status: although passed, it will put global AIDS pro- $29 billion guaranteed by American they’re private companies with stockholders grams on the road to greater sustain- taxpayers in the private market. and profits, they’re ‘‘government-sponsored ability and will significantly increase This decision was unprecedented. enterprises’’ established by Federal law, our commitment to reversing the cri- Never before had the Fed bailed out a which means that they receive special privi- leges. The most important of these privileges sis. financial entity that was not a com- is implicit: it’s the belief of investors that if We all know there can be no quick fix mercial bank. The Fed’s unprecedented Fannie and Freddie are threatened with fail- or shortcut to success, but we have be- role has generated a widespread debate ure, the Federal Government will come to fore us now legislation that maintains on the implications of these types of their rescue.

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6620 CONGRESSIONAL RECORD — SENATE July 14, 2008 This implicit guarantee means that profits doesn’t meet the requirement, imposed by Well, the bottom line of that is, if are privatized but losses are socialized. If law, that Fannie and Freddie buy only mort- our taxpayers are going to be required Fannie and Freddie do well, their stock- gages issued to borrowers who made substan- to chip in to solve the problem, they holders [and the corporate executives] reap tial down payments and carefully docu- should not be alone. The executives the benefits, but if things go badly, Wash- mented their income. ington picks up the tab. Heads they win, So whatever bad incentives the implicit who are involved in the operations of tails we lose. Such one-way bets can encour- federal guarantee creates have been offset by these institutions should also be will- age the taking of bad risks, because the the fact that Fannie and Freddie were and ing to do the same. down side is someone else’s problem. are tightly regulated with regard to the I yield the floor, and I suggest the ab- risks they can take. You could say that the sence of a quorum. Mr. President, I ask unanimous con- Fannie-Freddie experience shows that regu- sent to have the entire New York The PRESIDING OFFICER. The lation works. clerk will call the roll. Times article printed in the RECORD. In that case, however, how did they end up The legislative clerk proceeded to There being no objection, the mate- in trouble? call the roll. rial was ordered to be printed in the Part of the answer is the sheer scale of the housing bubble, and the size of the price de- Mr. REID. Mr. President, I ask unan- RECORD, as follows: clines taking place now that the bubble has imous consent that the order for the [From the New York Times, July 14, 2008] burst. In Los Angeles, Miami and other quorum call be rescinded. FANNIE, FREDDIE AND YOU places, anyone who borrowed to buy a house The PRESIDING OFFICER. Without (By Paul Krugman) at the peak of the market probably has nega- objection, it is so ordered. And now we’ve reached the next stage of tive equity at this point, even if he or she The majority leader is recognized. originally put 20 percent down. The result is our seemingly never-ending financial crisis. f This time Fannie Mae and Freddie Mac are a rising rate of delinquency even on loans in the headlines, with dire warnings of immi- that meet Fannie-Freddie guidelines. CONCLUSION OF MORNING Also, Fannie and Freddie, while tightly nent collapse. How worried should we be? BUSINESS regulated in terms of their lending, haven’t Well, I’m going to take a contrarian posi- been required to put up enough capital—that Mr. REID. Mr. President, I have tion: the storm over these particular lenders is, money raised by selling stock rather than talked to the distinguished ranking is overblown. Fannie and Freddie probably borrowing. This means that even a small de- will need a government rescue. But since it’s member of the Foreign Relations Com- cline in the value of their assets can leave already clear that that rescue will take mittee and explained to him where we them underwater, owing more than they place, their problems won’t take down the are. I am very happy we have an agree- own. economy. And yes, there is a real political scandal ment to move forward on PEPFAR. Furthermore, while Fannie and Freddie are here: there have been repeated warnings that That agreement is that we have 10 problematic institutions, they aren’t respon- Fannie’s and Freddie’s thin capitalization amendments. They are amendments we sible for the mess we’re in. posed risks to taxpayers, but the companies’ worked on hard. We did it all day Here’s the background: Fannie Mae—the management bought off the political process, Thursday and Thursday night, and Federal National Mortgage Association—was systematically hiring influential figures created in the 1930s to facilitate homeowner- then Friday, of course, perfecting the from both parties. While they were ugly, agreement, and we now have consent to ship by buying mortgages from banks, free- however, Fannie’s and Freddie’s political ing up cash that could be used to make new move to the bill. machinations didn’t play a significant role Here is the problem that faces the loans. Fannie and Freddie Mac, which does in causing our current problems. pretty much the same thing, now finance Still, isn’t it shocking that taxpayers may majority: By our moving to PEPFAR, most of the home loans being made in Amer- end up having to rescue these institutions? it opens a spot where somebody can ica. Not really. We’re going through a major fi- move to proceed to something else, The case against Fannie and Freddie be- nancial crisis—and such crises almost always anything that is on the calendar. Any- gins with their peculiar status: although end with some kind of taxpayer bailout for one can come in and move to that piece they’re private companies with stockholders the banking system. of legislation, and file a cloture motion and profits, they’re ‘‘government-sponsored And let’s be clear: Fannie and Freddie enterprises’’ established by federal law, can’t be allowed to fail. With the collapse of with it, which would force us to be on which means that they receive special privi- subprime lending, they’re now more central that matter. I cannot allow that to leges. than ever to the housing market, and the happen. The most important of these privileges is economy as a whole. I say this with the deepest respect for implicit: it’s the belief of investors that if Mr. WEBB. Looking at or thinking all my Republican colleagues, but we Fannie and Freddie are threatened with fail- about Mr. Krugman’s piece, we should have had a little bit of mischievous ure, the federal government will come to legislation being thrown about here, their rescue. also recall that the chief executives of This implicit guarantee means that profits those two companies last year earned and so if I move to something else to are privatized but losses are socialized. If multimillion-dollar compensation fill that spot to keep someone else Fannie and Freddie do well, their stock- packages. We respect the guidance and from moving to something else, we on holders reap the benefits, but if things go the leadership that allows corporate this side would be very happy to leave badly, Washington picks up the tab. Heads CEOs to make these kinds of com- that dormant, do nothing with it, and they win, tails we lose. pensation, but at the same time, we move forward and complete PEPFAR. Such one-way bets can encourage the tak- should not be asking the taxpayers of There would be no harm to anyone in ing of bad risks, because the downside is doing this. But it would seem to me someone else’s problem. The classic example this country, many of whom do not of how this can happen is the savings-and- even own stocks, if we are buttressing there would be a lot of harm if—I will loan crisis of the 1980s: S.&L. owners offered the activities of these companies, to not mention any names—the two or high interest rates to attract lots of feder- continue to assist financially this type three likely suspects walked over here ally insured deposits, then essentially gam- of corporate compensation. and moved to proceed to something bled with the money. When many of their We have seen one example with the else. I think it would create a lot of bets went bad, the feds ended up holding the recent IndyMac Bank failure where the problems. bag. The eventual cleanup cost taxpayers FDIC came in and the acting CEO gets This PEPFAR legislation dealing more than $100 billion. a regular Federal salary. I urge all of with global AIDS is extremely impor- But here’s the thing: Fannie and Freddie had nothing to do with the explosion of high- my colleagues to think about this this tant. The President wants it. I do not risk lending a few years ago, an explosion week, that, as Mr. Krugman says, ‘‘the know of a single Democrat who does that dwarfed the S.&L. fiasco. In fact, profits are privatized,’’ meaning the not want it. I think most Repub- Fannie and Freddie, after growing rapidly in small group of people who own stocks licans—I think the vast majority of Re- the 1990s, largely faded from the scene during take advantage when things go well, publicans—want this. So I would hope the height of the housing bubble. and sometimes we talk about economic we are not going to get off track be- Partly that’s because regulators, respond- Darwinism and how the fact that they cause of some folks over here who have ing to accounting scandals at the companies, make that sort of compensation relates tended to make me kind of look for a placed temporary restraints on both Fannie and Freddie that curtailed their lending just to their talent, ‘‘but losses are social- sucker punch to be thrown at any time. as housing prices were really taking off. ized’’ meaning that everyone in the I think we would all be ill-advised to Also, they didn’t do any subprime lending, country ends up having to pay when not finish PEPFAR at this time. because they can’t: the definition of a things go wrong in order to protect the Mr. President, I would ask that subprime loan is precisely a loan that system from falling apart. morning business be closed. That being

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6621 the case, I think the order is now in ef- Sec. 305. Amendment to Immigration and Na- Progress and Promise’, which found that budget fect that once it is closed, we would be tionality Act. allocations setting percentage levels for spend- on PEPFAR. Sec. 306. Clerical amendment. ing on prevention, care, and treatment and for Is that right; I ask the Chair? Sec. 307. Requirements. certain subsets of activities within the preven- Sec. 308. Annual report on prevention of moth- tion category— The PRESIDING OFFICER. The Sen- er-to-child transmission of HIV. ‘‘(A) have ‘adversely affected implementation ator is correct. Sec. 309. Prevention of mother-to-child trans- of the U.S. Global AIDS Initiative’; Mr. REID. Mr. President, I would ask mission expert panel. ‘‘(B) have inhibited comprehensive, inte- that morning business be closed. TITLE IV—FUNDING ALLOCATIONS grated, evidence based approaches; ‘‘(C) ‘have been counterproductive’; The PRESIDING OFFICER. Morning Sec. 401. Authorization of appropriations. ‘‘(D) ‘may have been helpful initially in en- business is closed. Sec. 402. Sense of Congress. suring a balance of attention to activities within f Sec. 403. Allocation of funds. the 4 categories of prevention, treatment, care, SEC. 2. FINDINGS. and orphans and vulnerable children’; TOM LANTOS AND HENRY J. HYDE Section 2 of the United States Leadership ‘‘(E) ‘have also limited PEPFAR’s ability to UNITED STATES GLOBAL LEAD- Against HIV/AIDS, Tuberculosis, and Malaria tailor its activities in each country to the local ERSHIP AGAINST HIV/AIDS, TU- Act of 2003 (22 U.S.C. 7601) is amended by add- epidemic and to coordinate with the level of ac- BERCULOSIS, AND MALARIA RE- ing at the end the following: tivities in the countries’ national plans’; and AUTHORIZATION ACT OF 2008 ‘‘(29) On May 27, 2003, the President signed ‘‘(F) should be removed by Congress and re- this Act into law, launching the largest inter- placed with more appropriate mechanisms The PRESIDING OFFICER. Under national public health program of its kind ever that— the previous order, the motion to pro- created. ‘‘(i) ‘ensure accountability for results from ceed to S. 2731 is agreed to, and the ‘‘(30) Between 2003 and 2008, the United Country Teams to the U.S. Global AIDS Coordi- Senate will proceed to the consider- States, through the President’s Emergency Plan nator and to Congress’; and ‘‘(ii) ‘ensure that spending is directly linked for AIDS Relief (PEPFAR) and in conjunction ation of the measure, which the clerk to and commensurate with necessary efforts to with other bilateral programs and the multilat- will report by title. achieve both country and overall performance eral Global Fund has helped to— The assistant legislative clerk read targets for prevention, treatment, care, and or- ‘‘(A) provide antiretroviral therapy for over as follows: phans and vulnerable children’. 1,900,000 people; A bill (S. 2731) to authorize appropriations ‘‘(40) The United States Government has en- ‘‘(B) ensure that over 150,000 infants, most of dorsed the principles of harmonization in co- for fiscal years 2009 through 2013 to provide whom would have likely been infected with HIV assistance to foreign countries to combat ordinating efforts to combat HIV/AIDS com- during pregnancy or childbirth, were not in- monly referred to as the ‘Three Ones’, which in- HIV/AIDS, tuberculosis, and malaria, and for fected; and other purposes. cludes— ‘‘(C) provide palliative care and HIV preven- ‘‘(A) 1 agreed HIV/AIDS action framework Thereupon, the Senate proceeded to tion assistance to millions of other people. that provides the basis for coordination of the consider the bill, which had been re- ‘‘(31) While United States leadership in the work of all partners; ported from the Committee on Foreign battles against HIV/AIDS, tuberculosis, and ma- ‘‘(B) 1 national HIV/AIDS coordinating au- Relations, with an amendment to laria has had an enormous impact, these dis- thority, with a broadbased multisectoral man- eases continue to take a terrible toll on the date; and strike all after the enacting clause and human race. ‘‘(C) 1 agreed HIV/AIDS country-level moni- insert in lieu thereof the following: ‘‘(32) According to the 2007 AIDS Epidemic toring and evaluating system. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Update of the Joint United Nations Programme ‘‘(41) In the Abuja Declaration on HIV/AIDS, (a) SHORT TITLE.—This Act may be cited as on HIV/AIDS (UNAIDS)— Tuberculosis and Other Related Infectious Dis- the ‘‘Tom Lantos and Henry J. Hyde United ‘‘(A) an estimated 2,100,000 people died of eases, of April 26–27, 2001 (referred to in this Act States Global Leadership Against HIV/AIDS, AIDS-related causes in 2007; and as the ‘Abuja Declaration’), the Heads of State Tuberculosis, and Malaria Reauthorization Act ‘‘(B) an estimated 2,500,000 people were newly and Government of the Organization of African of 2008’’. infected with HIV during that year. Unity (OAU)— (b) TABLE OF CONTENTS.—The table of con- ‘‘(33) According to the World Health Organi- ‘‘(A) declared that they would ‘place the fight tents for this Act is as follows: zation, malaria kills more than 1,000,000 people against HIV/AIDS at the forefront and as the Sec. 1. Short title; table of contents. per year, 70 percent of whom are children under highest priority issue in our respective national Sec. 2. Findings. 5 years of age. development plans’; ‘‘(B) committed ‘TO TAKE PERSONAL RE- Sec. 3. Definitions. ‘‘(34) According to the World Health Organi- SPONSIBILITY AND PROVIDE LEADERSHIP Sec. 4. Purpose. zation, 1⁄3 of the world’s population is infected for the activities of the National AIDS Commis- Sec. 5. Authority to consolidate and combine re- with the tuberculosis bacterium, and tuber- culosis is 1 of the greatest infectious causes of sions/Councils’; ports. ‘‘(C) resolved ‘to lead from the front the battle death of adults worldwide, killing 1,600,000 peo- TITLE I—POLICY PLANNING AND against HIV/AIDS, Tuberculosis and Other Re- ple per year. COORDINATION lated Infectious Diseases by personally ensuring ‘‘(35) Efforts to promote abstinence, fidelity, that such bodies were properly convened in mo- Sec. 101. Development of an updated, com- the correct and consistent use of condoms, the bilizing our societies as a whole and providing prehensive, 5-year, global strat- delay of sexual debut, and the reduction of con- focus for unified national policymaking and egy. current sexual partners represent important ele- programme implementation, ensuring coordina- Sec. 102. Interagency working group. ments of strategies to prevent the transmission tion of all sectors at all levels with a gender per- Sec. 103. Sense of Congress. of HIV/AIDS. spective and respect for human rights, particu- TITLE II—SUPPORT FOR MULTILATERAL ‘‘(36) According to UNAIDS— larly to ensure equal rights for people living FUNDS, PROGRAMS, AND PUBLIC-PRI- ‘‘(A) women and girls make up nearly 60 per- with HIV/AIDS’; and VATE PARTNERSHIPS cent of persons in sub-Saharan Africa who are ‘‘(D) pledged ‘to set a target of allocating at Sec. 201. Voluntary contributions to inter- HIV positive; least 15% of our annual budget to the improve- national vaccine funds. ‘‘(B) women and girls are more biologically, ment of the health sector’.’’. economically, and socially vulnerable to HIV in- Sec. 202. Participation in the Global Fund to SEC. 3. DEFINITIONS. fection; and Fight AIDS, Tuberculosis and Section 3 of the United States Leadership ‘‘(C) gender issues are critical components in Malaria. Against HIV/AIDS, Tuberculosis, and Malaria the effort to prevent HIV/AIDS and to care for Sec. 203. Research on methods for women to Act of 2003 (22 U.S.C. 7602) is amended— prevent transmission of HIV and those affected by the disease. (1) in paragraph (2), by striking ‘‘Committee other diseases. ‘‘(37) Children who have lost a parent to HIV/ on International Relations’’ and inserting Sec. 204. Combating HIV/AIDS, tuberculosis, AIDS, who are otherwise directly affected by ‘‘Committee on Foreign Affairs of the House of and malaria by strengthening the disease, or who live in areas of high HIV Representatives, the Committee on Appropria- health policies and health systems prevalence may be vulnerable to the disease or tions of the Senate, and the Committee on Ap- of partner countries. its socioeconomic effects. propriations’’; Sec. 205. Facilitating effective operations of the ‘‘(38) Lack of health capacity, including in- (2) by redesignating paragraph (6) as para- Centers for Disease Control. sufficient personnel and inadequate infrastruc- graph (12); Sec. 206. Facilitating vaccine development. ture, in sub-Saharan Africa and other regions of (3) by redesignating paragraphs (3) through the world is a critical barrier that limits the ef- TITLE III—BILATERAL EFFORTS (5), as paragraphs (4) through (6), respectively; fectiveness of efforts to combat HIV/AIDS, tu- (4) by inserting after paragraph (2) the fol- Subtitle A—General Assistance and Programs berculosis, and malaria, and to achieve other lowing: Sec. 301. Assistance to combat HIV/AIDS. global health goals. ‘‘(3) GLOBAL AIDS COORDINATOR.—The term Sec. 302. Assistance to combat tuberculosis. ‘‘(39) On March 30, 2007, the Institute of Med- ‘Global AIDS Coordinator’ means the Coordi- Sec. 303. Assistance to combat malaria. icine of the National Academies released a re- nator of United States Government Activities to Sec. 304. Malaria Response Coordinator. port entitled ‘PEPFAR Implementation: Combat HIV/AIDS Globally.’’;

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 6333 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6622 CONGRESSIONAL RECORD — SENATE July 14, 2008 (5) by inserting after paragraph (6), as redes- partnerships to combat HIV/AIDS, tuberculosis, ‘‘(I) help partner countries to train and sup- ignated, the following: and malaria; port retention of health care professionals and ‘‘(7) IMPACT EVALUATION RESEARCH.—The ‘‘(5) reinforcing efforts to— paraprofessionals, with the target of training term ‘impact evaluation research’ means the ap- ‘‘(A) develop safe and effective vaccines, and retaining at least 140,000 new health care plication of research methods and statistical microbicides, and other prevention and treat- professionals and paraprofessionals and to analysis to measure the extent to which change ment technologies; and strengthen capacities in developing countries, in a population-based outcome can be attributed ‘‘(B) improve diagnostics capabilities for HIV/ especially in sub-Saharan Africa, to deliver pri- to program intervention instead of other envi- AIDS, tuberculosis, and malaria; and mary health care with the objective of helping ronmental factors. ‘‘(6) helping partner countries to— countries achieve staffing levels of at least 2.3 ‘‘(8) OPERATIONS RESEARCH.—The term ‘oper- ‘‘(A) strengthen health systems; doctors, nurses, and midwives per 1,000 popu- ations research’ means the application of social ‘‘(B) improve human health capacity; and lation, as called for by the World Health Orga- science research methods and statistical anal- ‘‘(C) address infrastructural weaknesses.’’. nization; ysis to judge, compare, and improve policies and SEC. 5. AUTHORITY TO CONSOLIDATE AND COM- ‘‘(5) include multisectoral approaches and program outcomes, from the earliest stages of de- BINE REPORTS. specific strategies to treat individuals infected fining and designing programs through their de- Section 5 of the United States Leadership with HIV/AIDS and to prevent the further velopment and implementation, with the objec- Against HIV/AIDS, Tuberculosis, and Malaria transmission of HIV infections, with a par- tive of the rapid dissemination of conclusions Act of 2003 (22 U.S.C. 7604) is amended by in- ticular focus on the needs of families with chil- and concrete impact on programming. serting ‘‘, with the exception of the 5-year strat- dren (including the prevention of mother-to- ‘‘(9) PARAPROFESSIONAL.—The term ‘para- egy’’ before the period at the end. child transmission), women, young people, or- professional’ means an individual who is TITLE I—POLICY PLANNING AND phans, and vulnerable children; trained and employed as a health agent for the COORDINATION ‘‘(6) establish a timetable with annual global provision of basic assistance in the identifica- SEC. 101. DEVELOPMENT OF AN UPDATED, COM- treatment targets; tion, prevention, or treatment of illness or dis- PREHENSIVE, 5-YEAR, GLOBAL ‘‘(7) expand the integration of timely and rel- ability. STRATEGY. evant research within the prevention, care, and ‘‘(10) PARTNER GOVERNMENT.—The term ‘part- (a) STRATEGY.—Section 101(a) of the United treatment of HIV/AIDS; ner government’ means a government with States Leadership Against HIV/AIDS, Tuber- ‘‘(8) include a plan for program monitoring, which the United States is working to provide culosis, and Malaria Act of 2003 (22 U.S.C. operations research, and impact evaluation and assistance to combat HIV/AIDS, tuberculosis, or 7611(a)) is amended to read as follows: for the dissemination of a best practices report malaria on behalf of people living within the ju- ‘‘(a) STRATEGY.—The President shall establish to highlight findings; risdiction of such government. a comprehensive, integrated, 5-year strategy to ‘‘(9) provide for consultation with local lead- ‘‘(11) PROGRAM MONITORING.—The term ‘pro- expand and improve efforts to combat global ers and officials to develop prevention strategies gram monitoring’ means the collection, analysis, HIV/AIDS. This strategy shall— and programs that are tailored to the unique and use of routine program data to determine— ‘‘(1) further strengthen the capability of the needs of each country and community and tar- ‘‘(A) how well a program is carried out; and United States to be an effective leader of the geted particularly toward those most at risk of ‘‘(B) how much the program costs.’’; and international campaign against this disease and acquiring HIV infection; (6) by inserting after paragraph (12), as redes- strengthen the capacities of nations experi- ‘‘(10) make the reduction of HIV/AIDS behav- ignated, the following: encing HIV/AIDS epidemics to combat this dis- ioral risks a priority of all prevention efforts ‘‘(13) STRUCTURAL HIV PREVENTION.—The term ease; by— ‘structural HIV prevention’ means activities or ‘‘(2) maintain sufficient flexibility and remain ‘‘(A) promoting abstinence from sexual activ- programs designed to— responsive to— ity and encouraging monogamy and faithful- ‘‘(A) address environmental factors that could ‘‘(A) changes in the epidemic; ness; create conditions conducive to the spread of ‘‘(B) challenges facing partner countries in ‘‘(B) encouraging the correct and consistent HIV; and developing and implementing an effective na- use of male and female condoms and increasing ‘‘(B) determine the best ways to remedy such tional response; and the availability of, and access to, these commod- factors by enhancing life skills and promoting ‘‘(C) evidence-based improvements and inno- ities; changes in laws, policies, and social norms.’’. vations in the prevention, care, and treatment ‘‘(C) promoting the delay of sexual debut and SEC. 4. PURPOSE. of HIV/AIDS; the reduction of multiple concurrent sexual ‘‘(3) situate United States efforts to combat Section 4 of the United States Leadership partners; HIV/AIDS, tuberculosis, and malaria within the ‘‘(D) promoting education for discordant cou- Against HIV/AIDS, Tuberculosis, and Malaria broader United States global health and devel- ples (where an individual is infected with HIV Act of 2003 (22 U.S.C. 7603) is amended to read opment agenda, establishing a roadmap to link and the other individual is uninfected or whose as follows: investments in specific disease programs to the status is unknown) about safer sex practices; ‘‘SEC. 4. PURPOSE. broader goals of strengthening health systems ‘‘(E) promoting voluntary counseling and test- ‘‘The purpose of this Act is to strengthen and and infrastructure and to integrate and coordi- ing, addiction therapy, and other prevention enhance United States leadership and the effec- nate HIV/AIDS, tuberculosis, or malaria pro- and treatment tools for illicit injection drug tiveness of the United States response to the grams with other health or development pro- users and other substance abusers; HIV/AIDS, tuberculosis, and malaria pandemics grams, as appropriate; ‘‘(F) educating men and boys about the risks and other related and preventable infectious ‘‘(4) provide a plan to— of procuring sex commercially and about the diseases as part of the overall United States ‘‘(A) prevent 12,000,000 new HIV infections need to end violent behavior toward women and health and development agenda by— worldwide; girls; ‘‘(1) establishing comprehensive, coordinated, ‘‘(B) support treatment of at least 3,000,000 in- ‘‘(G) supporting comprehensive programs to and integrated 5-year, global strategies to com- dividuals with HIV/AIDS and support addi- promote alternative livelihoods, safety, and so- bat HIV/AIDS, tuberculosis, and malaria by— tional treatment through coordinated multilat- cial reintegration strategies for commercial sex ‘‘(A) building on progress and successes to eral efforts; workers and their families; date; ‘‘(C) support care for 12,000,000 individuals ‘‘(H) promoting cooperation with law enforce- ‘‘(B) improving harmonization of United with HIV/AIDS, including 5,000,000 orphans and ment to prosecute offenders of trafficking, rape, States efforts with national strategies of partner vulnerable children affected by HIV/AIDS, with and sexual assault crimes with the goal of elimi- governments and other public and private enti- an emphasis on promoting a comprehensive, co- nating such crimes; and ties; and ordinated system of services to be integrated ‘‘(I) working to eliminate rape, gender-based ‘‘(C) emphasizing capacity building initiatives throughout the continuum of care; violence, sexual assault, and the sexual exploi- in order to promote a transition toward greater ‘‘(D) help partner countries in the effort to tation of women and children; sustainability through the support of country- achieve goals of 80 percent access to counseling, ‘‘(11) include programs to reduce the trans- driven efforts; testing, and treatment to prevent the trans- mission of HIV through structural prevention ‘‘(2) providing increased resources for bilateral mission of HIV from mother to child, empha- efforts, particularly addressing the heightened and multilateral efforts to fight HIV/AIDS, tu- sizing a continuum of care model; vulnerabilities of women and girls to HIV in berculosis, and malaria as integrated compo- ‘‘(E) help partner countries to provide care many countries; and nents of United States development assistance; and treatment services to children with HIV in ‘‘(12) support other important means of pre- ‘‘(3) intensifying efforts to— proportion to their percentage within the HIV- venting or reducing the transmission of HIV, in- ‘‘(A) prevent HIV infection; infected population in each country; cluding— ‘‘(B) ensure the continued support for, and ‘‘(F) promote preservice training for health ‘‘(A) medical male circumcision; expanded access to, treatment and care pro- professionals designed to strengthen the capac- ‘‘(B) the maintenance of a safe blood supply; grams; ity of institutions to develop and implement and ‘‘(C) enhance the effectiveness of prevention, policies for training health workers to combat ‘‘(C) other mechanisms to reduce the trans- treatment, and care programs; and HIV/AIDS, tuberculosis, and malaria; mission of HIV; ‘‘(D) address the particular vulnerabilities of ‘‘(G) equip teachers with skills needed for ‘‘(13) increase support for prevention of moth- girls and women; HIV/AIDS prevention, treatment, and care; er-to-child transmission; ‘‘(4) encouraging the expansion of private sec- ‘‘(H) provide and share best practices for com- ‘‘(14) build capacity within the public health tor efforts and expanding public-private sector bating HIV/AIDS with health professionals; and sector of developing countries by improving

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health systems and public health infrastructure ‘‘(b) REPORT.— ‘‘(i) to address the needs of orphans and vul- and developing indicators to measure changes in ‘‘(1) IN GENERAL.—Not later than October 1, nerable children, including an analysis of— broader public health sector capabilities; 2009, the President shall submit a report to the ‘‘(I) factors contributing to children’s vulner- ‘‘(15) increase the coordination of HIV/AIDS appropriate congressional committees that sets ability to HIV/AIDS; and programs with development programs; forth the strategy described in subsection (a). ‘‘(II) vulnerabilities caused by the impact of ‘‘(16) provide a framework for expanding or ‘‘(2) CONTENTS.—The report required under HIV/AIDS on children and their families; and developing existing or new country or regional paragraph (1) shall include a discussion of the ‘‘(ii) in areas of higher HIV/AIDS prevalence, programs, including— following elements: to promote a community-based approach to vul- ‘‘(A) drafting compacts or other agreements, ‘‘(A) The purpose, scope, methodology, and nerability, maximizing community input into de- as appropriate; general and specific objectives of the strategy. termining which children participate. ‘‘(B) establishing criteria and objectives for ‘‘(B) The problems, risks, and threats to the ‘‘(O) A description of capacity-building efforts such compacts and agreements; and successful pursuit of the strategy. undertaken by countries themselves, including ‘‘(C) promoting sustainability; ‘‘(C) The desired goals, objectives, activities, adherents of the Abuja Declaration and an as- ‘‘(17) provide a plan for national and regional and outcome-related performance measures of sessment of the impact of International Mone- priorities for resource distribution and a global the strategy. tary Fund macroeconomic and fiscal policies on investment plan by region; ‘‘(D) A description of future costs and re- national and donor investments in health. ‘‘(18) provide a plan to address the immediate sources needed to carry out the strategy. ‘‘(P) A description of the strategy to— and ongoing needs of women and girls, which— ‘‘(E) A delineation of United States Govern- ‘‘(i) strengthen capacity building within the ‘‘(A) addresses the vulnerabilities that con- ment roles, responsibility, and coordination public health sector; tribute to their elevated risk of infection; mechanisms of the strategy. ‘‘(ii) improve health care in those countries; ‘‘(B) includes specific goals and targets to ad- ‘‘(F) A description of the strategy— ‘‘(iii) help countries to develop and implement dress these factors; ‘‘(i) to promote harmonization of United national health workforce strategies; ‘‘(C) provides clear guidance to field missions States assistance with that of other inter- ‘‘(iv) strive to achieve goals in training, re- to integrate gender across prevention, care, and national, national, and private actors as eluci- taining, and effectively deploying health staff; treatment programs; dated in the ‘Three Ones’; and ‘‘(v) promote ethical recruiting practices for ‘‘(D) sets forth gender-specific indicators to ‘‘(ii) to address existing challenges in harmo- health care workers; and monitor progress on outcomes and impacts of nization and alignment. ‘‘(vi) increase the sustainability of health pro- gender programs; ‘‘(G) A description of the manner in which the grams. ‘‘(E) supports efforts in countries in which strategy will— ‘‘(Q) A description of the criteria for selection, women or orphans lack inheritance rights and ‘‘(i) further the development and implementa- objectives, methodology, and structure of com- other fundamental protections to promote the tion of the national multisectoral strategic HIV/ pacts or other framework agreements with coun- passage, implementation, and enforcement of AIDS frameworks of partner governments; and tries or regional organizations, including— such laws; ‘‘(ii) enhance the centrality, effectiveness, and ‘‘(i) the role of civil society; ‘‘(F) supports life skills training and other sustainability of those national plans. ‘‘(ii) the degree of transparency; structural prevention activities, especially ‘‘(H) A description of how the strategy will ‘‘(iii) benchmarks for success of such compacts among women and girls, with the goal of reduc- seek to achieve the specific targets described in or agreements; and ing vulnerabilities to HIV/AIDS; subsection (a) and other targets, as appropriate. ‘‘(iv) the relationship between such compacts ‘‘(G) addresses and prevents gender-based vio- ‘‘(I) A description of, and rationale for, the or agreements and the national HIV/AIDS and lence; and timetable for annual global treatment targets. public health strategies and commitments of ‘‘(H) addresses the posttraumatic and psycho- ‘‘(J) A description of how operations research partner countries. social consequences and provides postexposure is addressed in the strategy and how such re- ‘‘(R) A strategy to better coordinate HIV/AIDS prophylaxis protecting against HIV infection to search can most effectively be integrated into assistance with nutrition and food assistance victims of gender-based violence and rape; care, treatment, and prevention activities in programs. ‘‘(19) provide a plan to address the order to— ‘‘(S) A description of transnational or regional vulnerabilities and needs of orphans and chil- ‘‘(i) improve program quality and efficiency; initiatives to combat regionalized epidemics in dren who are vulnerable to, or affected by, HIV/ ‘‘(ii) ascertain cost effectiveness; highly affected areas such as the Caribbean. AIDS; ‘‘(iii) ensure transparency and accountability; ‘‘(T) A description of planned resource dis- ‘‘(20) provide a framework to work with inter- ‘‘(iv) assess population-based impact; tribution and global investment by region. national actors and partner countries toward ‘‘(v) disseminate findings and best practices; ‘‘(U) A description of coordination efforts in universal access to HIV/AIDS prevention, treat- and order to better implement the Stop TB Strategy ment, and care programs, recognizing that pre- ‘‘(vi) optimize delivery of services. and to address the problem of coinfection of vention is of particular importance in terms of ‘‘(K) An analysis of United States-assisted HIV/AIDS and tuberculosis and of projected sequencing; strategies to prevent the transmission of HIV/ challenges or barriers to successful implementa- ‘‘(21) enhance the coordination of United AIDS, including methodologies to promote absti- tion. States bilateral efforts to combat global HIV/ nence, monogamy, faithfulness, the correct and ‘‘(V) A description of coordination efforts to AIDS with other major public and private enti- consistent use of male and female condoms, re- address malaria and comorbidity with malaria ties; ductions in concurrent sexual partners, and and HIV/AIDS.’’. ‘‘(22) enhance the attention given to the na- delay of sexual debut, and of intended moni- (c) STUDY.—Section 101(c) of such Act (22 tional strategic HIV/AIDS plans of countries re- toring and evaluation approaches to measure U.S.C. 7611(c)) is amended to read as follows: ceiving United States assistance by— the effectiveness of prevention programs and en- ‘‘(c) STUDY OF PROGRESS TOWARD ACHIEVE- ‘‘(A) reviewing the planning and pro- sure that they are targeted to appropriate audi- MENT OF POLICY OBJECTIVES.— grammatic decisions associated with that assist- ences. ‘‘(1) DESIGN AND BUDGET PLAN FOR DATA ance; and ‘‘(L) Within the analysis required under sub- EVALUATION.—The Global AIDS Coordinator ‘‘(B) helping to strengthen such national paragraph (J), an examination of additional shall enter into a contract with the Institute of strategies, if necessary; planned means of preventing the transmission of Medicine of the National Academies that pro- ‘‘(23) support activities described in the Global HIV including medical male circumcision, main- vides that not later than 18 months after the Plan to Stop TB, including— tenance of a safe blood supply, and other tools. date of the enactment of the Tom Lantos and ‘‘(A) expanding and enhancing the coverage ‘‘(M) A description of the specific targets, Henry J. Hyde United States Global Leadership of the Directly Observed Treatment Short-course goals, and strategies developed to address the Against HIV/AIDS, Tuberculosis, and Malaria (DOTS) in order to treat individuals infected needs and vulnerabilities of women and girls to Reauthorization Act of 2008, the Institute, in with tuberculosis and HIV, including multi-drug HIV/AIDS, including— consultation with the Global AIDS Coordinator resistant or extensively drug resistant tuber- ‘‘(i) structural prevention activities; and other relevant parties representing the pub- culosis; and ‘‘(ii) activities directed toward men and boys; lic and private sector, shall provide the Global ‘‘(B) improving coordination and integration ‘‘(iii) activities to enhance educational, micro- AIDS Coordinator with a design plan and budg- of HIV/AIDS and tuberculosis programming; finance, and livelihood opportunities for women et for the evaluation and collection of baseline ‘‘(24) ensure coordination between the Global and girls; and subsequent data to address the elements set AIDS Coordinator and the Malaria Coordinator ‘‘(iv) activities to promote and protect the forth in paragraph (2)(B). The Global AIDS Co- and address issues of comorbidity between HIV/ legal empowerment of women, girls, and or- ordinator shall submit the budget and design AIDS and malaria; and phans and vulnerable children; plan to the appropriate congressional commit- ‘‘(25) include a longer term estimate of the ‘‘(v) programs targeted toward gender-based tees. projected resource needs, progress toward great- violence and sexual coercion; ‘‘(2) STUDY.— er sustainability and country ownership of HIV/ ‘‘(vi) strategies to meet the particular needs of ‘‘(A) IN GENERAL.—Not later than 4 years AIDS programs, and the anticipated role of the adolescents; after the date of the enactment of the Tom Lan- United States in the global effort to combat HIV/ ‘‘(vii) assistance for victims of rape, sexual tos and Henry J. Hyde United States Global AIDS during the 10-year period beginning on abuse, assault, exploitation, and trafficking; Leadership Against HIV/AIDS, Tuberculosis, October 1, 2013.’’. and and Malaria Reauthorization Act of 2008, the (b) REPORT.—Section 101(b) of such Act (22 ‘‘(viii) programs to prevent alcohol abuse. Institute of Medicine of the National Academies U.S.C. 7611(b)) is amended to read as follows: ‘‘(N) A description of strategies— shall publish a study that includes—

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‘‘(i) an assessment of the performance of ‘‘(1) IN GENERAL.—Not later than 1 year after (2) in subparagraph (B)(ii)— United States-assisted global HIV/AIDS pro- the date of the enactment of the Tom Lantos (A) by striking subclauses (IV) and (V); grams; and and Henry J. Hyde United States Global Leader- (B) by inserting after subclause (III) the fol- ‘‘(ii) an evaluation of the impact on health of ship Against HIV/AIDS, Tuberculosis, and Ma- lowing: prevention, treatment, and care efforts that are laria Reauthorization Act of 2008, and annually ‘‘(IV) Establishing an interagency working supported by United States funding, including thereafter, the Global AIDS Coordinator shall group on HIV/AIDS headed by the Global AIDS multilateral and bilateral programs involving publish a best practices report that highlights Coordinator and comprised of representatives joint operations. the programs receiving financial assistance from from the United States Agency for International ‘‘(B) CONTENT.—The study conducted under the United States that have the potential for Development and the Department of Health and this paragraph shall include— replication or adaption, particularly at a low Human Services, for the purposes of coordina- ‘‘(i) an assessment of progress toward preven- cost, across global AIDS programs, including tion of activities relating to HIV/AIDS, includ- tion, treatment, and care targets; those that focus on both generalized and local- ing— ‘‘(ii) an assessment of the effects on health ized epidemics. ‘‘(aa) meeting regularly to review progress in systems, including on the financing and man- ‘‘(2) DISSEMINATION OF FINDINGS.— partner countries toward HIV/AIDS prevention, agement of health systems and the quality of ‘‘(A) PUBLICATION ON INTERNET WEBSITE.— treatment, and care objectives; service delivery and staffing; The Global AIDS Coordinator shall disseminate ‘‘(bb) participating in the process of identi- ‘‘(iii) an assessment of efforts to address gen- the full findings of the annual best practices re- fying countries to consider for increased assist- der-specific aspects of HIV/AIDS, including gen- port on the Internet website of the Office of the ance based on the epidemiology of HIV/AIDS in der related constraints to accessing services and Global AIDS Coordinator. those countries, including clear evidence of a addressing underlying social and economic ‘‘(B) DISSEMINATION GUIDANCE.—The Global public health threat, as well as government com- vulnerabilities of women and men; AIDS Coordinator shall develop guidance to en- mitment to address the HIV/AIDS problem, rel- ‘‘(iv) an evaluation of the impact of treatment sure timely submission and dissemination of sig- ative need, and coordination and joint planning and care programs on 5-year survival rates, nificant information regarding best practices with other significant actors; drug adherence, and the emergence of drug re- with respect to global AIDS programs. ‘‘(cc) assisting the Coordinator in the evalua- sistance; ‘‘(f) INSPECTORS GENERAL.— tion, execution, and oversight of country oper- ‘‘(v) an evaluation of the impact of prevention ‘‘(1) OVERSIGHT PLAN.— ational plans; programs on HIV incidence in relevant popu- ‘‘(A) DEVELOPMENT.—The Inspectors General ‘‘(dd) reviewing policies that may be obstacles lation groups; of the Department of State and Broadcasting to reaching targets set forth for HIV/AIDS pre- ‘‘(vi) an evaluation of the impact on child Board of Governors, the Department of Health vention, treatment, and care; and health and welfare of interventions authorized and Human Services, and the United States ‘‘(ee) consulting with representatives from ad- under this Act on behalf of orphans and vulner- Agency for International Development shall ditional relevant agencies, including the Na- able children; jointly develop 5 coordinated annual plans for tional Institutes of Health, the Health Resources ‘‘(vii) an evaluation of the impact of programs oversight activity in each of the fiscal years 2009 and Services Administration, the Department of and activities authorized in this Act on child through 2013, with regard to the programs au- Labor, the Department of Agriculture, the Mil- mortality; and thorized under this Act and sections 104A, 104B, lennium Challenge Corporation, the Peace ‘‘(viii) recommendations for improving the and 104C of the Foreign Assistance Act of 1961 Corps, and the Department of Defense. programs referred to in subparagraph (A)(i). (22 U.S.C. 2151b–2, 2151b–3, and 2151b–4). ‘‘(V) Coordinating overall United States HIV/ ‘‘(C) METHODOLOGIES.—Assessments and im- AIDS policy and programs, including ensuring ‘‘(B) CONTENTS.—The plans developed under pact evaluations conducted under the study subparagraph (A) shall include a schedule for the coordination of relevant executive branch shall utilize sound statistical methods and tech- financial audits, inspections, and performance agency activities in the field, with efforts led by niques for the behavioral sciences, including reviews, as appropriate. partner countries, and with the assistance pro- random assignment methodologies as feasible. vided by other relevant bilateral and multilat- ‘‘(C) DEADLINE.— Qualitative data on process variables should be eral aid agencies and other donor institutions to ‘‘(i) INITIAL PLAN.—The first plan developed used for assessments and impact evaluations, under subparagraph (A) shall be completed not promote harmonization with other programs wherever possible. later than the later of— aimed at preventing and treating HIV/AIDS and ‘‘(3) CONTRACT AUTHORITY.—The Institute of ‘‘(I) September 1, 2008; or other health challenges, improving primary Medicine may enter into contracts or coopera- ‘‘(II) 60 days after the date of the enactment health, addressing food security, promoting edu- tive agreements or award grants to conduct the of the Tom Lantos and Henry J. Hyde United cation and development, and strengthening study under paragraph (2). States Global Leadership Against HIV/AIDS, health care systems.’’; ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— (C) by redesignating subclauses (VII) and Tuberculosis, and Malaria Reauthorization Act There are authorized to be appropriated such VIII) as subclauses (IX) and (XII), respectively; of 2008. sums as may be necessary to carry out the study (D) by inserting after subclause (VI) the fol- ‘‘(ii) SUBSEQUENT PLANS.—Each of the last under this subsection.’’. lowing: four plans developed under subparagraph (A) (d) REPORT.—Section 101 of such Act, as ‘‘(VII) Holding annual consultations with shall be completed not later than 30 days before amended by this section, is further amended by nongovernmental organizations in partner each of the fiscal years 2010 through 2013, re- adding at the end the following: countries that provide services to improve spectively. ‘‘(d) COMPTROLLER GENERAL REPORT.— health, and advocating on behalf of the individ- ‘‘(2) COORDINATION.—In order to avoid dupli- ‘‘(1) REPORT REQUIRED.—Not later than 3 uals with HIV/AIDS and those at particular risk cation and maximize efficiency, the Inspectors years after the date of the enactment of the Tom of contracting HIV/AIDS, including organiza- General described in paragraph (1) shall coordi- Lantos and Henry J. Hyde United States Global tions with members who are living with HIV/ nate their activities with— Leadership Against HIV/AIDS, Tuberculosis, AIDS. ‘‘(A) the Government Accountability Office; and Malaria Reauthorization Act of 2008, the ‘‘(VIII) Ensuring, through interagency and and Comptroller General of the United States shall international coordination, that HIV/AIDS pro- ‘‘(B) the Inspectors General of the Department submit a report on the global HIV/AIDS pro- grams of the United States are coordinated with, of Commerce, the Department of Defense, the grams of the United States to the appropriate and complementary to, the delivery of related Department of Labor, and the Peace Corps, as congressional committees. global health, food security, development, and appropriate, pursuant to the 2004 Memorandum ‘‘(2) CONTENTS.—The report required under education.’’; paragraph (1) shall include— of Agreement Coordinating Audit Coverage of (E) in subclause (IX), as redesignated by sub- ‘‘(A) a description and assessment of the mon- Programs and Activities Implementing the Presi- paragraph (C)— itoring and evaluation practices and policies in dent’s Emergency Plan for AIDS Relief, or any (i) by inserting ‘‘Vietnam,’’ after ‘‘Uganda,’’; place for these programs; successor agreement. (ii) by inserting after ‘‘of 2003’’ the following: ‘‘(B) an assessment of coordination within ‘‘(3) FUNDING.—The Global AIDS Coordinator ‘‘and other countries in which the United States Federal agencies involved in these programs, ex- and the Coordinator of the United States Gov- is implementing HIV/AIDS programs as part of amining both internal coordination within these ernment Activities to Combat Malaria Globally its foreign assistance program’’; and programs and integration with the larger global shall make available necessary funds not ex- (iii) by adding at the end the following: ‘‘In health and development agenda of the United ceeding $10,000,000 during the 5-year period be- designating additional countries under this sub- States; ginning on October 1, 2008 to the Inspectors paragraph, the President shall give priority to ‘‘(C) an assessment of procurement policies General described in paragraph (1) for the au- those countries in which there is a high preva- and practices within these programs; dits, inspections, and reviews described in that lence or significantly rising incidence of HIV/ ‘‘(D) an assessment of harmonization with na- paragraph.’’. AIDS, countries with large populations and in- tional government HIV/AIDS and public health SEC. 102. INTERAGENCY WORKING GROUP. adequate health infrastructure, countries in strategies as well as other international efforts; Section 1(f)(2) of the State Department Basic which a concentrated HIV/AIDS epidemic could ‘‘(E) an assessment of the impact of global Authorities Act of 1956 (22 U.S.C. 2651a(f)(2)) is become generalized to the entire population of HIV/AIDS funding and programs on other amended— the country, and in countries whose govern- United States global health programming; and (1) in subparagraph (A), by inserting ‘‘, part- ments demonstrate a commitment to combating ‘‘(F) recommendations for improving the glob- ner country finance, health, and other relevant HIV/AIDS.’’; al HIV/AIDS programs of the United States. ministries,’’ after ‘‘community based organiza- (F) by inserting after subclause (IX), as redes- ‘‘(e) BEST PRACTICES REPORT.— tions)’’ each place it appears; ignated by subparagraph (C), the following:

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‘‘(X) Working with partner countries in which ‘‘(a) FINDINGS; SENSE OF CONGRESS.— 2004’’ and inserting ‘‘$2,000,000,000 for fiscal the HIV/AIDS epidemic is prevalent among in- ‘‘(1) FINDINGS.—Congress makes the following year 2009,’’; and jection drug users to establish, as a national pri- findings: (B) by striking ‘‘the fiscal years 2005–2008’’ ority, national HIV/AIDS prevention programs, ‘‘(A) The establishment of the Global Fund in and inserting ‘‘each of the fiscal years 2010 including education and services demonstrated January 2002 is consistent with the general prin- through 2013’’; to be effective in reducing the transmission of ciples for an international AIDS trust fund first (2) in paragraph (4)— HIV infection among injection drug users with- outlined by Congress in the Global AIDS and (A) in subparagraph (A)— (i) in clause (i), by striking ‘‘fiscal years 2004 out increasing illicit drug use. Tuberculosis Relief Act of 2000 (Public Law 106– ‘‘(XI) Working with partner countries in 264). through 2008’’ and inserting ‘‘fiscal years 2009 through 2013’’; which the HIV/AIDS epidemic is prevalent ‘‘(B) The Global Fund is an innovative fi- (ii) in clause (ii), by striking ‘‘during any of among individuals involved in commercial sex nancing mechanism which— the fiscal years 2004 through 2008’’ and inserting acts to establish, as a national priority, national ‘‘(i) has made progress in many areas in com- bating HIV/AIDS, tuberculosis, and malaria; ‘‘during any of the fiscal years 2009 through prevention programs, including education, vol- 2013’’; and untary testing, and counseling, and referral sys- and ‘‘(ii) represents the multilateral component of (iii) in clause (vi)— tems that link HIV/AIDS programs with pro- (I) by striking ‘‘for the purposes’’ and insert- this Act, extending United States efforts to more grams to eradicate trafficking in persons and ing ‘‘For the purposes’’; support alternatives to prostitution.’’; than 130 countries around the world. (II) by striking ‘‘fiscal years 2004 through ‘‘(C) The Global Fund and United States bi- (G) in subclause (XII), as redesignated by sub- 2008’’ and inserting ‘‘fiscal years 2009 through lateral assistance programs— paragraph (C), by striking ‘‘funds section’’ and 2013’’; and inserting ‘‘funds appropriated for HIV/ AIDS ‘‘(i) are demonstrating increasingly effective (III) by striking ‘‘prior to fiscal year 2004’’ assistance pursuant to the authorization of ap- coordination, with each possessing certain com- and inserting ‘‘before fiscal year 2009’’; propriations under section 401 of the United parative advantages in the fight against HIV/ (B) in subparagraph (B)(iv), by striking ‘‘fis- States Leadership Against HIV/AIDS, Tuber- AIDS, tuberculosis, and malaria; and cal years 2004 through 2008’’ and inserting ‘‘fis- ‘‘(ii) often work most effectively in concert culosis, and Malaria Act of 2003 (22 U.S.C. cal years 2009 through 2013’’; and with each other. 7671)’’; and (C) in subparagraph (C)(ii), by striking ‘‘Com- ‘‘(D) The United States Government— (H) by adding at the end the following: mittee on International Relations’’ and insert- ‘‘(i) is the largest supporter of the Global ‘‘(XIII) Publicizing updated drug pricing data ing ‘‘Committee on Foreign Affairs’’; and Fund in terms of resources and technical sup- to inform the purchasing decisions of pharma- (3) by adding at the end the following: port; ceutical procurement partners.’’. ‘‘(5) WITHHOLDING FUNDS.—Notwithstanding ‘‘(ii) made the founding contribution to the any other provision of this Act, 20 percent of the SEC. 103. SENSE OF CONGRESS. Global Fund; and amounts appropriated pursuant to this Act for a Section 102 of the United States Leadership ‘‘(iii) is fully committed to the success of the contribution to support the Global Fund for Against HIV/AIDS, Tuberculosis, and Malaria Global Fund as a multilateral public-private each of the fiscal years 2010 through 2013 shall Act of 2003 (22 U.S.C. 7612) is amended by add- partnership. be withheld from obligation to the Global Fund ing at the end the following: ‘‘(2) SENSE OF CONGRESS.—It is the sense of until the Secretary of State certifies to the ap- ‘‘(d) SENSE OF CONGRESS.—It is the sense of Congress that— propriate congressional committees that the Congress that— ‘‘(A) transparency and accountability are cru- Global Fund— ‘‘(1) full-time country level coordinators, pref- cial to the long-term success and viability of the ‘‘(A) has established an evaluation framework erably with management experience, should Global Fund; for the performance of Local Fund Agents (re- head each HIV/AIDS country team for United ‘‘(B) the Global Fund has made significant ferred to in this paragraph as ‘LFAs’); States missions overseeing significant HIV/AIDS progress toward addressing concerns raised by ‘‘(B) is undertaking a systematic assessment programs; the Government Accountability Office by— of the performance of LFAs; ‘‘(2) foreign service nationals provide criti- ‘‘(i) improving risk assessment and risk man- ‘‘(C) is making available for public review, ac- cally important services in the design and imple- agement capabilities; cording to the Fund Board’s policies and prac- mentation of United States country-level HIV/ ‘‘(ii) providing clearer guidance for and over- tices on disclosure of information, a regular col- AIDS programs and their skills and experience sight of Local Fund Agents; and lection and analysis of performance data of as public health professionals should be recog- ‘‘(iii) strengthening the Office of the Inspector Fund grants, which shall cover principal recipi- nized within hiring and compensation practices; General for the Global Fund; ents and subrecipients; and ‘‘(C) the provision of sufficient resources and ‘‘(D) is maintaining an independent, well- ‘‘(3) staffing levels for United States country- authority to the Office of the Inspector General staffed Office of the Inspector General that— level HIV/AIDS teams should be adequately for the Global Fund to ensure that office has ‘‘(i) reports directly to the Board of the Global maintained to fulfill oversight and other obliga- the staff and independence necessary to carry Fund; and tions of the positions.’’. out its mandate will be a measure of the commit- ‘‘(ii) is responsible for regular, publicly pub- ment of the Global Fund to transparency and lished audits of financial, programmatic, and TITLE II—SUPPORT FOR MULTILATERAL accountability; reporting aspects of the Global Fund, its grant- FUNDS, PROGRAMS, AND PUBLIC-PRI- ‘‘(D) regular, publicly published financial, ees, and LFAs; VATE PARTNERSHIPS programmatic, and reporting audits of the ‘‘(E) has established, and is reporting publicly SEC. 201. VOLUNTARY CONTRIBUTIONS TO Fund, its grantees, and Local Fund Agents are on, standard indicators for all program areas; INTERNATIONAL VACCINE FUNDS. also important benchmarks of transparency; ‘‘(F) has established a methodology to track Section 302 of the Foreign Assistance Act of ‘‘(E) the Global Fund should establish and and is reporting on— 1961 (22 U.S.C. 2222) is amended— maintain a system to track— ‘‘(i) all subrecipients and the amount of funds (1) by inserting after subsection (c) the fol- ‘‘(i) the amount of funds disbursed to each disbursed to each subrecipient on the grant’s fis- lowing: subrecipient on the grant’s fiscal cycle; and cal cycle; and ‘‘(d) TUBERCULOSIS VACCINE DEVELOPMENT ‘‘(ii) the distribution of resources, by grant ‘‘(ii) the distribution of resources, by grant PROGRAMS.—In addition to amounts otherwise and principal recipient, for prevention, care, and principal recipient, for prevention, care, available under this section, there are author- treatment, drug and commodity purchases, and treatment, drugs and commodities purchase, and ized to be appropriated to the President such other purposes; other purposes; ‘‘(G) has established a policy on tariffs im- sums as may be necessary for each of the fiscal ‘‘(F) relevant national authorities in recipient posed by national governments on all goods and years 2009 through 2013, which shall be used for countries should exempt from duties and taxes United States contributions to tuberculosis vac- services financed by the Global Fund; all products financed by Global Fund grants ‘‘(H) through its Secretariat, has taken mean- cine development programs, which may include and procured by any principal recipient or sub- ingful steps to prevent national authorities in the Aeras Global TB Vaccine Foundation.’’; recipient for the purpose of carrying out such recipient countries from imposing taxes or tariffs (2) in subsection (k), by striking ‘‘fiscal years grants; on goods or services provided by the Fund; 2004 through 2008’’ and inserting ‘‘fiscal years ‘‘(G) the Global Fund, UNAIDS, and the ‘‘(I) is maintaining its status as a financing 2009 through 2013’’; Global AIDS Coordinator should work together institution focused on programs directly related (3) in subsection (l), by striking ‘‘fiscal years to standardize program indicators wherever pos- to HIV/AIDS, malaria, and tuberculosis; and 2004 through 2008’’ and inserting ‘‘fiscal years sible; and ‘‘(J) is maintaining and making progress on— 2009 through 2013’’; and ‘‘(H) for purposes of evaluating total amounts ‘‘(i) sustaining its multisectoral approach, (4) in subsection (m), by striking ‘‘fiscal years of funds contributed to the Global Fund under through country coordinating mechanisms; and 2004 through 2008’’ and inserting ‘‘fiscal years subsection (d)(4)(A)(i), the timetable for evalua- ‘‘(ii) the implementation of grants, as reflected 2009 through 2013’’. tions of contributions from sources other than in the proportion of resources allocated to dif- SEC. 202. PARTICIPATION IN THE GLOBAL FUND the United States should take into account the ferent sectors, including governments, civil soci- TO FIGHT AIDS, TUBERCULOSIS AND fiscal calendars of other major contributors.’’. ety, and faith- and community-based organiza- MALARIA. (b) UNITED STATES FINANCIAL PARTICIPA- tions.’’. (a) FINDINGS; SENSE OF CONGRESS.—Section TION.—Section 202(d) of such Act (22 U.S.C. SEC. 203. RESEARCH ON METHODS FOR WOMEN 202(a) of the United States Leadership Against 7622(d)) is amended— TO PREVENT TRANSMISSION OF HIV HIV/AIDS, Tuberculosis, and Malaria Act of (1) in paragraph (1)— AND OTHER DISEASES. 2003 (22 U.S.C. 7622(a)) is amended to read as (A) by striking ‘‘$1,000,000,000 for the period (a) SENSE OF CONGRESS.—Congress recognizes follows: of fiscal year 2004 beginning on January 1, the need and urgency to expand the range of

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 6333 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6626 CONGRESSIONAL RECORD — SENATE July 14, 2008 interventions for preventing the transmission of under section 401 of the United States Leader- ‘‘(2) biomedical research, health care services, human immunodeficiency virus (HIV), including ship Against HIV/AIDS, Tuberculosis, and Ma- health care research, or other related activities nonvaccine prevention methods that can be con- laria Act of 2003 (22 U.S.C. 7671) for HIV/AIDS in furtherance of the activities, objectives or trolled by women. assistance, there are authorized to be appro- goals authorized under the Tom Lantos and (b) NIH OFFICE OF AIDS RESEARCH.—Subpart priated to the President such sums as may be Henry J. Hyde United States Global Leadership 1 of part D of title XXIII of the Public Health necessary for each of the fiscal years 2009 Against HIV/AIDS, Tuberculosis, and Malaria Service Act (42 U.S.C. 300cc–40 et seq.) is amend- through 2013 to carry out this subsection. Reauthorization Act of 2008.’’; and ed by inserting after section 2351 the following: SEC. 204. COMBATING HIV/AIDS, TUBERCULOSIS, (2) in subsection (b)— ‘‘SEC. 2351A. MICROBICIDE RESEARCH. AND MALARIA BY STRENGTHENING (A) in paragraph (7), by striking ‘‘and’’ after ‘‘(a) FEDERAL STRATEGIC PLAN.— HEALTH POLICIES AND HEALTH SYS- the semicolon at the end; TEMS OF PARTNER COUNTRIES. ‘‘(1) IN GENERAL.—The Director of the Office (B) by striking ‘‘The Secretary may not, in the shall— (a) IN GENERAL.—Title II of the United States exercise of his authority under this section, pro- ‘‘(A) expedite the implementation of the Fed- Leadership Against HIV/AIDS, Tuberculosis, vide financial assistance for the construction of eral strategic plans for the conduct and support and Malaria Act of 2003 (22 U.S.C. 7621) is any facility in any foreign country.’’ of research on, and development of, a amended by adding at the end the following: (C) in paragraph (8), by striking ‘‘for any microbicide for use in developing countries to ‘‘SEC. 204. COMBATING HIV/AIDS, TUBERCULOSIS, purpose.’’ and inserting ‘‘for the purpose of any prevent the transmission of the human immuno- AND MALARIA BY STRENGTHENING law administered by the Office of Personnel deficiency virus; and HEALTH POLICIES AND HEALTH SYS- Management;’’; and TEMS OF PARTNER COUNTRIES. ‘‘(B) annually review and, as appropriate, re- (D) by adding at the end the following: ‘‘(a) STATEMENT OF POLICY.—It shall be the vise such plan to prioritize funding and activi- ‘‘(9) provide such funds by advance or reim- policy of the United States Government— ties relative to their scientific urgency and po- bursement to the Secretary of State, as may be ‘‘(1) to invest appropriate resources author- tential market readiness. necessary, to pay the costs of acquisition, lease, ized under this Act— ‘‘(2) COORDINATION.—In implementing, re- construction, alteration, equipping, furnishing ‘‘(A) to carry out activities to strengthen HIV/ viewing, and prioritizing elements of the plan or management of facilities outside of the AIDS, tuberculosis, and malaria health policies described in paragraph (1), the Director of the United States; and and health systems; and Office shall consult with— ‘‘(10) in consultation with the Secretary of ‘‘(B) to provide workforce training and capac- State, through grant or cooperative agreement, ‘‘(A) representatives of other Federal agencies ity-building consistent with the goals and objec- involved in microbicide research, including the make funds available to public or nonprofit pri- tives of this Act; and vate institutions or agencies in foreign countries Coordinator of United States Government Ac- ‘‘(2) to support the development of a sound tivities to Combat HIV/AIDS Globally, the Direc- in which the Secretary is participating in activi- policy environment in partner countries to in- ties described under subsection (a) to acquire, tor of the Centers for Disease Control and Pre- crease the ability of such countries— vention, and the Administrator of the United lease, construct, alter, or renovate facilities in ‘‘(A) to maximize utilization of health care re- those countries.’’. States Agency for International Development; sources from donor countries; ‘‘(B) the microbicide research and develop- (3) in subsection (c)— ‘‘(B) to increase national investments in (A) by striking ‘‘1990’’ and inserting ‘‘1980’’; ment community; and health and education and maximize the effec- and ‘‘(C) health advocates. tiveness of such investments; (B) by inserting or ‘‘or section 903 of the For- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(C) to improve national HIV/AIDS, tuber- eign Service Act of 1980 (22 U.S.C. 4083)’’ after There are authorized to be appropriated such culosis, and malaria strategies; ‘‘Code’’. sums as may be necessary for each of the fiscal ‘‘(D) to deliver evidence-based services in an years 2009 through 2013 to carry out this sec- SEC. 206. FACILITATING VACCINE DEVELOPMENT. effective and efficient manner; and (a) TECHNICAL ASSISTANCE FOR DEVELOPING tion.’’. ‘‘(E) to reduce barriers that prevent recipients COUNTRIES.—The Administrator of the United (c) NATIONAL INSTITUTE OF ALLERGY AND IN- of services from achieving maximum benefit from FECTIOUS DISEASES.—Subpart 6 of part C of title States Agency for International Development, such services. utilizing public-private partners, as appropriate, IV of the Public Health Service Act (42 U.S.C. ‘‘(b) ASSISTANCE TO IMPROVE PUBLIC FINANCE 285f et seq.) is amended by adding at the end the and working in coordination with other inter- MANAGEMENT SYSTEMS.— national development agencies, is authorized to following: ‘‘(1) IN GENERAL.—Consistent with the author- strengthen the capacity of developing countries’ ‘‘SEC. 447C. MICROBICIDE RESEARCH AND DEVEL- ity under section 129 of the Foreign Assistance OPMENT. governmental institutions to— Act of 1961 (22 U.S.C. 2152), the Secretary of the (1) collect evidence for informed decision-mak- ‘‘The Director of the Institute, acting through Treasury, acting through the head of the Office ing and introduction of new vaccines, including the head of the Division of AIDS, shall carry of Technical Assistance, is authorized to provide potential HIV/AIDS, tuberculosis, and malaria out research on, and development of, a assistance for advisors and partner country fi- vaccines, if such vaccines are determined to be microbicide for use in developing countries to nance, health, and other relevant ministries to safe and effective; prevent the transmission of the human immuno- improve the effectiveness of public finance man- (2) review protocols for clinical trials and im- deficiency virus. The Director shall ensure that agement systems in partner countries to enable pact studies and improve the implementation of there are a sufficient number of employees and such countries to receive funding to carry out clinical trials; and structure dedicated to carrying out such activi- programs to combat HIV/AIDS, tuberculosis, (3) ensure adequate supply chain and delivery ties.’’. and malaria and to manage such programs. systems. (d) CDC.—Part B of title III of the Public ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—Of (b) ADVANCED MARKET COMMITMENTS.— Health Service Act (42 U.S.C. 243 et seq.) is the amounts authorized to be appropriated (1) PURPOSE.—The purpose of this subsection amended by inserting after section 317S the fol- under section 401 for HIV/AIDS assistance, is to improve global health by requiring the lowing: there are authorized to be appropriated to the United States to participate in negotiations for ‘‘SEC. 317T. MICROBICIDE RESEARCH. Secretary of the Treasury such sums as may be advance market commitments for the develop- ‘‘(a) IN GENERAL.—The Director of the Centers necessary for each of the fiscal years 2009 ment of future vaccines, including potential for Disease Control and Prevention shall fully through 2013 to carry out this subsection.’’. vaccines for HIV/AIDS, tuberculosis, and ma- implement the Centers’ microbicide agenda to (b) CLERICAL AMENDMENT.—The table of con- laria. support research and development of tents for the United States Leadership Against (2) NEGOTIATION REQUIREMENT.—The Sec- microbicides for use in developing countries to HIV/AIDS, Tuberculosis, and Malaria Act of retary of the Treasury shall enter into negotia- prevent the transmission of the human immuno- 2003 (22 U.S.C. 7601 note) is amended by insert- tions with the appropriate officials of the Inter- deficiency virus. ing after the item relating to section 203, as national Bank of Reconstruction and Develop- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— added by section 203 of this Act, the following: ment (World Bank) and the GAVI Alliance, the There are authorized to be appropriated such ‘‘Sec. 204. Combating HIV/AIDS, tuberculosis, member nations of such entities, and other in- sums as may be necessary for each of fiscal and malaria by strengthening terested parties to establish advanced market years 2009 through 2013 to carry out this sec- health policies and health systems commitments to purchase vaccines to combat tion.’’. of partner countries.’’. HIV/AIDS, tuberculosis, malaria, and other re- (e) UNITED STATES AGENCY FOR INTER- SEC. 205. FACILITATING EFFECTIVE OPERATIONS lated infectious diseases. NATIONAL DEVELOPMENT.— OF THE CENTERS FOR DISEASE CON- (3) REQUIREMENTS.—In negotiating the United (1) IN GENERAL.—The Administrator of the TROL. States participation in programs for advanced United States Agency for International Develop- Section 307 of the Public Health Service Act market commitments, the Secretary of the Treas- ment, in coordination with the Coordinator of (42 U.S.C. 242l) is amended— ury shall take into account whether programs United States Government Activities to Combat (1) by amending subsection (a) to read as fol- for advance market commitments include— HIV/AIDS Globally, shall develop and imple- lows: (A) legally binding contracts for product pur- ment a program to facilitate availability and ac- ‘‘(a) The Secretary may participate with other chase that include a fair market price for up to cessibility of microbicides that prevent the trans- countries in cooperative endeavors in— a maximum number of treatments, creating a mission of HIV if such microbicides are proven ‘‘(1) biomedical research, health care tech- strong market incentive; safe and effective. nology, and the health services research and (B) clearly defined and transparent rules of (2) AUTHORIZATION OF APPROPRIATIONS.—Of statistical analysis authorized under section 306 program participation for qualified developers the amounts authorized to be appropriated and title IX; and and suppliers of the product;

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 6333 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6627 (C) clearly defined requirements for eligible ‘‘(C) help countries achieve staffing levels of (G) in subparagraph (H), as redesignated— vaccines to ensure that they are safe and effec- at least 2.3 doctors, nurses, and midwives per (i) by striking the period at the end and in- tive and can be delivered in developing country 1,000 population, as called for by the World serting ‘‘, including education and services dem- contexts; Health Organization. onstrated to be effective in reducing the trans- (D) dispute settlement mechanisms; and ‘‘(2) COORDINATED GLOBAL STRATEGY.—The mission of HIV infection without increasing il- (E) sufficient flexibility to enable the con- United States and other countries with the suf- licit drug use; and’’; and tracts to be adjusted in accord with new infor- ficient capacity should provide assistance to (H) by adding at the end the following: mation related to projected market size and countries in sub-Saharan Africa, the Caribbean, ‘‘(K) assistance for counseling, testing, treat- other factors while still maintaining the pur- Central Asia, Eastern Europe, and Latin Amer- ment, care, and support programs, including— chase commitment at a fair price. ica, and other countries and regions confronting ‘‘(i) counseling and other services for the pre- (4) REPORT.—Not later than 1 year after the HIV/AIDS epidemics in a coordinated global vention of reinfection of individuals with HIV/ date of the enactment of this Act— strategy to help address generalized and con- AIDS; (A) the Secretary of the Treasury shall submit centrated epidemics through HIV/AIDS preven- ‘‘(ii) counseling to prevent sexual transmission a report to the appropriate congressional com- tion, treatment, care, monitoring and evalua- of HIV, including— mittees on the status of the United States nego- tion, and related activities. ‘‘(I) life skills development for practicing ab- tiations to participate in programs for the ad- ‘‘(3) PRIORITIES.—The United States Govern- stinence and faithfulness; vanced market commitments under this sub- ment’s response to the global HIV/AIDS pan- ‘‘(II) reducing the number of sexual partners; section; and demic and the Government’s efforts to help ‘‘(III) delaying sexual debut; and (B) the President shall produce a comprehen- countries assume leadership of sustainable cam- ‘‘(IV) ensuring correct and consistent use of sive report, written by a study group of quali- paigns to combat their local epidemics should condoms; ‘‘(iii) assistance to engage underlying fied professionals from relevant Federal agencies place high priority on— and initiatives, nongovernmental organizations, ‘‘(A) the prevention of the transmission of vulnerabilities to HIV/AIDS, especially those of and industry representatives, that sets forth a HIV; and women and girls, through structural prevention coordinated strategy to accelerate development ‘‘(B) moving toward universal access to HIV/ programs; of vaccines for infectious diseases, such as HIV/ AIDS prevention counseling and services.’’. ‘‘(iv) assistance for appropriate HIV/AIDS AIDS, malaria, and tuberculosis, which in- (b) AUTHORIZATION.—Section 104A(c) of such education programs and training targeted to cludes— Act is amended— prevent the transmission of HIV among men (i) initiatives to create economic incentives for (1) in paragraph (1), by striking ‘‘and other who have sex with men; the research, development, and manufacturing countries and areas.’’ and inserting ‘‘Central ‘‘(v) assistance to provide male and female of vaccines for HIV/AIDS, tuberculosis, malaria, Asia, Eastern Europe, Latin America, and other condoms; and other infectious diseases; countries and areas, particularly with respect to ‘‘(vi) diagnosis and treatment of other sexu- (ii) an expansion of public-private partner- refugee populations or those in postconflict set- ally transmitted infections; ships and the leveraging of resources from other tings in such countries and areas with signifi- ‘‘(vii) strategies to address the stigma and dis- countries and the private sector; and cant or increasing HIV incidence rates.’’; crimination that impede HIV/AIDS prevention (iii) efforts to maximize United States capabili- (2) in paragraph (2), by striking ‘‘and other efforts; and ties to support clinical trials of vaccines in de- countries and areas affected by the HIV/AIDS ‘‘(viii) assistance to facilitate widespread ac- veloping countries and to address the challenges pandemic’’ and inserting ‘‘Central Asia, Eastern cess to microbicides for HIV prevention, if safe of delivering vaccines in developing countries to Europe, Latin America, and other countries and and effective products become available, includ- minimize delays in access once vaccines are areas affected by the HIV/AIDS pandemic, par- ing financial and technical support for cul- available. ticularly with respect to refugee populations or turally appropriate introductory programs, pro- those in post-conflict settings in such countries curement, distribution, logistics management, TITLE III—BILATERAL EFFORTS program delivery, acceptability studies, provider Subtitle A—General Assistance and Programs and areas with significant or increasing HIV in- cidence rates.’’; and training, demand generation, and SEC. 301. ASSISTANCE TO COMBAT HIV/AIDS. (3) in paragraph (3)— postintroduction monitoring.’’; and (a) AMENDMENTS TO THE FOREIGN ASSISTANCE (A) by striking ‘‘foreign countries’’ and insert- (2) in paragraph (2)— ACT OF 1961.— ing ‘‘partner countries, other international ac- (A) in subparagraph (B), by striking ‘‘and’’ at (1) FINDING.—Section 104A(a) of the Foreign tors,’’; and the end; Assistance Act of 1961 (22 U.S.C. 2151b–2(a)) is (B) by inserting ‘‘within the framework of the (B) in subparagraph (C)— amended by inserting ‘‘Central Asia, Eastern principles of the Three Ones’’ before the period (i) by inserting ‘‘pain management,’’ after Europe, Latin America’’ after ‘‘Caribbean,’’. at the end. ‘‘opportunistic infections,’’; and (ii) by striking the period at the end and in- (2) POLICY.—Section 104A(b) of such Act is (c) ACTIVITIES SUPPORTED.—Section 104A(d) amended to read as follows: of such Act is amended— serting a semicolon; and ‘‘(b) POLICY.— (1) in paragraph (1)— (C) by adding at the end the following: ‘‘(1) OBJECTIVES.—It is a major objective of (A) in subparagraph (A)— ‘‘(D) as part of care and treatment of HIV/ the foreign assistance program of the United (i) by inserting ‘‘and multiple concurrent sex- AIDS, assistance (including prophylaxis and States to provide assistance for the prevention ual partnering,’’ after ‘‘casual sexual treatment) for common HIV/AIDS-related oppor- and treatment of HIV/AIDS and the care of partnering’’; and tunistic infections for free or at a rate at which those affected by the disease. It is the policy ob- (ii) by striking ‘‘condoms’’ and inserting it is easily affordable to the individuals and jective of the United States, by 2013, to— ‘‘male and female condoms’’; populations being served; ‘‘(A) assist partner countries to— (B) in subparagraph (B)— ‘‘(E) as part of care and treatment of HIV/ ‘‘(i) prevent 12,000,000 new HIV infections (i) by striking ‘‘programs that’’ and inserting AIDS, assistance or referral to available and worldwide; ‘‘programs that are designed with local input adequately resourced service providers for nutri- ‘‘(ii) support treatment of at least 3,000,000 in- and’’; and tional support, including counseling and where dividuals with HIV/AIDS; (ii) by striking ‘‘those organizations’’ and in- necessary the provision of commodities, for per- ‘‘(iii) support additional treatment through serting ‘‘those locally based organizations’’; sons meeting malnourishment criteria and their coordinated multilateral efforts; (C) in subparagraph (D), by inserting ‘‘and families;’’; ‘‘(iv) support care for 12,000,000 individuals promoting the use of provider-initiated or ‘opt- (3) in paragraph (4)— with HIV/AIDS, including 5,000,000 orphans and out’ voluntary testing in accordance with World (A) in subparagraph (C), by striking ‘‘and’’ at vulnerable children affected by HIV/AIDS, with Health Organization guidelines’’ before the the end; an emphasis on promoting a comprehensive, co- semicolon at the end; (B) in subparagraph (D), by striking the pe- ordinated system of services to be integrated (D) by redesignating subparagraphs (F), (G), riod at the end and inserting a semicolon; and throughout the continuum of care; and (H) as subparagraphs (H), (I), and (J), re- (C) by adding at the end the following: ‘‘(v) provide at least 80 percent of the target spectively; ‘‘(E) carrying out and expanding program population with access to counseling, testing, (E) by inserting after subparagraph (E) the monitoring, impact evaluation research and and treatment to prevent the transmission of following: analysis, and operations research and dissemi- HIV from mother-to-child; ‘‘(F) assistance to— nating data and findings through mechanisms ‘‘(vi) provide care and treatment services to ‘‘(i) achieve the goal of reaching 80 percent of to be developed by the Coordinator of United children with HIV in proportion to their per- pregnant women for prevention and treatment States Government Activities to Combat HIV/ centage within the HIV-infected population of a of mother-to-child transmission of HIV in coun- AIDS Globally, in coordination with the Direc- given partner country; and tries in which the United States is implementing tor of the Centers for Disease Control, in order ‘‘(vii) train and support retention of health HIV/AIDS programs by 2013; and to— care professionals, paraprofessionals, and com- ‘‘(ii) promote infant feeding options and treat- ‘‘(i) improve accountability, increase trans- munity health workers in HIV/AIDS prevention, ment protocols that meet the most recent criteria parency, and ensure the delivery of evidence- treatment, and care, with the target of pro- established by the World Health Organization; based services through the collection, evalua- viding such training to at least 140,000 new ‘‘(G) medical male circumcision programs as tion, and analysis of data regarding gender-re- health care professionals and paraprofessionals; part of national strategies to combat the trans- sponsive interventions, disaggregated by age ‘‘(B) strengthen the capacity to deliver pri- mission of HIV/AIDS;’’; and sex; mary health care in developing countries, espe- (F) in subparagraph (I), as redesignated, by ‘‘(ii) identify and replicate effective models; cially in sub-Saharan Africa; and striking ‘‘and’’ at the end; and

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 6333 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6628 CONGRESSIONAL RECORD — SENATE July 14, 2008 ‘‘(iii) develop gender indicators to measure ‘‘(ii) strengthen overall health systems in ment and national HIV/AIDS and public health outcomes and the impacts of interventions; and high-prevalence countries, including support for strategies of each country and should contain ‘‘(F) establishing appropriate systems to— workforce training, retention, and effective de- provisions including— ‘‘(i) gather epidemiological and social science ployment, capacity building, laboratory devel- ‘‘(i) the specific objectives that the country data on HIV; and opment, equipment maintenance and repair, and and the United States expect to achieve during ‘‘(ii) evaluate the effectiveness of prevention public health and related public financial man- the term of a compact; efforts among men who have sex with men, with agement systems and operations.’’; and ‘‘(ii) the respective responsibilities of the due consideration to stigma and risks associated (6) by adding at the end the following: country and the United States in the achieve- with disclosure.’’; ‘‘(8) COMPACTS AND FRAMEWORK AGREE- ment of such objectives; (4) in paragraph (5)— MENTS.—The development of compacts or frame- ‘‘(iii) regular benchmarks to measure, where (A) by redesignating subparagraph (C) as sub- work agreements, tailored to local cir- appropriate, progress toward achieving such ob- paragraph (D); and cumstances, with national governments or re- jectives; (B) by inserting after subparagraph (B) the gional partnerships in countries with significant ‘‘(iv) an identification of the intended bene- following: HIV/AIDS burdens to promote host government ficiaries, disaggregated by gender and age, and ‘‘(C) MECHANISM TO ENSURE COST-EFFECTIVE commitment to deeper integration of HIV/AIDS including information on orphans and vulner- DRUG PURCHASING.—Subject to subparagraph services into health systems, contribute to able children, to the maximum extent prac- (B), mechanisms to ensure that safe and effec- health systems overall, and enhance sustain- ticable; tive pharmaceuticals, including antiretrovirals ability.’’. ‘‘(v) the methods by which the compact is in- and medicines to treat opportunistic infections, (d) COMPACTS AND FRAMEWORK AGREE- tended to address the factors that put women are purchased at the lowest possible price at MENTS.—Section 104A of such Act is amended— and girls at greater risk of HIV/AIDS and to which such pharmaceuticals may be obtained in (1) by redesignating subsections (e) through strengthen the legal, economic, educational, and sufficient quantity on the world market.’’; (g) as subsections (f) through (h); and social status of women, girls, orphans, and vul- (5) in paragraph (6)— (2) by inserting after subsection (d) the fol- nerable children; (A) by amending the paragraph heading to lowing: ‘‘(vi) the methods by which the compact will read as follows: ‘‘(e) COMPACTS AND FRAMEWORK AGREE- strengthen the health care capacity, including ‘‘(6) RELATED AND COORDINATED MENTS.— the training, retention, deployment, and utiliza- ACTIVITIES.—’’; ‘‘(1) FINDINGS.—Congress makes the following tion of health care workers, improve supply (B) in subparagraph (B), by striking ‘‘and’’ at findings: chain management, and improve the health sys- the end; ‘‘(A) The congressionally mandated Institute tems and infrastructure of the partner country, (C) in subparagraph (C), by striking the pe- of Medicine report entitled ‘PEPFAR Implemen- including the ability of compact participants to riod at the end and inserting ‘‘; and’’; and tation: Progress and Promise’ states: ‘The next maintain and operate equipment transferred or (D) by adding at the end the following: strategy [of the U.S. Global AIDS Initiative] purchased as part of the compact; ‘‘(D) coordinated or referred activities to— should squarely address the needs and chal- ‘‘(vii) proposed mechanisms to provide over- ‘‘(i) enhance the clinical impact of HIV/AIDS lenges involved in supporting sustainable coun- sight; care and treatment; and try HIV/AIDS programs, thereby transitioning ‘‘(viii) the role of civil society in the develop- ‘‘(ii) ameliorate the adverse social and eco- from a focus on emergency relief.’. ment of a compact and the achievement of its nomic costs often affecting AIDS-impacted fami- ‘‘(B) One mechanism to promote the transition objectives; lies and communities through the direct provi- from an emergency to a public health and devel- ‘‘(ix) a description of the current and poten- sion, as necessary, or through the referral, if opment approach to HIV/AIDS is through com- tial participation of other donors in the achieve- possible, of support services, including— pacts or framework agreements between the ment of such objectives, as appropriate; and ‘‘(I) nutritional and food support; United States Government and each partici- ‘‘(x) a plan to ensure appropriate fiscal ac- ‘‘(II) nutritional counseling; pating nation. countability for the use of assistance. ‘‘(III) income-generating activities and liveli- ‘‘(C) Key components of a transition toward a ‘‘(2) LOCAL INPUT.—In entering into a com- hood initiatives; more sustainable approach toward fighting HIV/ pact authorized under subsection (d)(8), the Co- ‘‘(IV) maternal and child health care; AIDS, tuberculosis, and malaria and thus prior- ordinator of United States Government Activi- ‘‘(V) primary health care; ities for such compacts include— ties to Combat HIV/AIDS Globally shall seek to ‘‘(VI) the diagnosis and treatment of other in- ‘‘(i) building capacity to expand the size of ensure that the government of a country— fectious or sexually transmitted diseases; the trained health care workforce in partner ‘‘(A) takes into account the local perspectives ‘‘(VII) substance abuse and treatment serv- countries and improve its retention, safety, de- of the rural and urban poor, including women, ices; and ployment, and utilization of skills and to im- in each country; and ‘‘(VIII) legal services; prove public health infrastructure and systems; ‘‘(B) consults with private and voluntary or- ‘‘(E) coordinated or referred activities to link ‘‘(ii) partner governments increasing their na- ganizations, including faith-based organiza- programs addressing HIV/AIDS with programs tional investments in health and education sys- tions, the business community, and other donors addressing gender-based violence in areas of sig- tems, as called for in the Abuja Declaration; in the country. nificant HIV prevalence to assist countries in ‘‘(iii) increasing the focus of United States ‘‘(3) CONGRESSIONAL AND PUBLIC NOTIFICATION the development and enforcement of women’s government efforts to address the factors that AFTER ENTERING INTO A COMPACT.—Not later health, children’s health, and HIV/AIDS laws put women and girls at greater risk of HIV/ than 10 days after entering into a compact au- and policies that— AIDS and to strengthen the legal, economic, thorized under subsection (d)(8), the Global ‘‘(i) prevent and respond to violence against educational, and social status of women, girls, AIDS Coordinator shall— ‘‘(A) submit a report containing a detailed women and girls; orphans, and vulnerable children and encour- summary of the compact and a copy of the text ‘‘(ii) promote the integration of screening and aging partner governments to do the same; of the compact to— assessment for gender-based violence into HIV/ ‘‘(iv) building on the New Partners Initiative ‘‘(i) the Committee on Foreign Relations of the AIDS programming; and other efforts currently underway to ‘‘(iii) promote appropriate HIV/AIDS coun- Senate; strengthen the capacities of community- and ‘‘(ii) the Committee on Appropriations of the seling, testing, and treatment into gender-based faith-based organizations and civil society in Senate; violence programs; and partner countries to contribute to country ef- ‘‘(iii) the Committee on Foreign Affairs of the ‘‘(iv) assist governments to develop partner- forts to prevent or manage the effects of HIV/ House of Representatives; and ships with civil society organizations to create AIDS, tuberculosis, and malaria epidemics and ‘‘(iv) the Committee on Appropriations of the networks for psychosocial, legal, economic, or to improve health care delivery; House of Representatives; and other support services; ‘‘(v) improving the coordination of efforts to ‘‘(B) publish such information in the Federal ‘‘(F) coordinated or referred activities to— combat HIV/AIDS, tuberculosis, and malaria Register and on the Internet website of the Of- ‘‘(i) address the frequent coinfection of HIV with broader national health and development fice of the Global AIDS Coordinator.’’. and tuberculosis, in accordance with World strategies; (e) ANNUAL REPORT.—Section 104A(f) of such Health Organization guidelines; ‘‘(vi) promoting HIV/AIDS-related laws, regu- Act, as redesignated, is amended— ‘‘(ii) promote provider-initiated or ‘opt-out’ lations, and policies that support voluntary di- (1) in paragraph (1), by striking ‘‘Committee HIV/AIDS counseling and testing and appro- agnostic counseling and rapid testing, pediatric on International Relations’’ and inserting priate referral for treatment and care to individ- diagnosis, rapid, tariff-free regulatory proce- ‘‘Committee on Foreign Affairs’’; and uals with tuberculosis or its symptoms, particu- dures for drugs and commodities, and full inclu- (2) in paragraph (2)— larly in areas with significant HIV prevalence; sion of people living with HIV/AIDS in a multi- (A) in subparagraph (B), by striking ‘‘and’’ at and sectoral national response. the end; ‘‘(iii) strengthen programs to ensure that indi- ‘‘(vii) sharing and implementing findings (B) by striking subparagraph (C) and insert- viduals testing positive for HIV receive tuber- based on program evaluations and operations ing the following: culosis screening and appropriate screening and research; and ‘‘(C) a detailed breakdown of funding alloca- to improve laboratory capacities, infection con- ‘‘(viii) reducing the disease burden of HIV/ tions, by program and by country, for preven- trol, and adherence; and AIDS, tuberculosis, and malaria through im- tion activities; and ‘‘(G) activities to— proved prevention efforts. ‘‘(D) a detailed assessment of the impact of ‘‘(i) improve the effectiveness of national re- ‘‘(D) Such compacts should also take into ac- programs established pursuant to such sections, sponses to HIV/AIDS; and count the overall national health and develop- including—

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 6333 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6629 ‘‘(i)(I) the effectiveness of such programs in ‘‘(ix) a description of programs serving women among the health, agricultural, and livelihood reducing— and girls, including— sectors and establish additional services in cir- ‘‘(aa) the transmission of HIV, particularly in ‘‘(I) HIV/AIDS prevention programs that ad- cumstances in which referrals are inadequate or women and girls; dress the vulnerabilities of girls and women to impossible; ‘‘(bb) mother-to-child transmission of HIV, in- HIV/AIDS; ‘‘(C) provide, as a component of care and cluding through drug treatment and therapies, ‘‘(II) information on the number of individ- treatment programs for persons with HIV/AIDS, either directly or by referral; and uals served by programs aimed at reducing the food and nutritional support to individuals in- ‘‘(cc) mortality rates from HIV/AIDS; vulnerabilities of women and girls to HIV/AIDS fected with, and affected by, HIV/AIDS who ‘‘(II) the number of patients receiving treat- and data on the types, objectives, and duration meet established criteria for nutritional support ment for AIDS in each country that receives as- of programs to address these issues; (including clinically malnourished children and sistance under this Act; ‘‘(III) information on programs to address the adults, and pregnant and lactating women in ‘‘(III) an assessment of progress towards the particular needs of adolescent girls and young programs in need of supplemental support), in- achievement of annual goals set forth in the women; and cluding— timetable required under the 5-year strategy es- ‘‘(IV) programs to prevent gender-based vio- ‘‘(i) anthropometric and dietary assessment; tablished under section 101 of the United States lence or to assist victims of gender based vio- ‘‘(ii) counseling; and Leadership Against HIV/AIDS, Tuberculosis, lence as part, of or in coordination with, HIV/ ‘‘(iii) therapeutic and supplementary feeding; and Malaria Act of 2003 and, if annual goals AIDS programs; ‘‘(D) provide food and nutritional support for are not being met, the reasons for such failure; ‘‘(x) a description of strategies, goals, pro- children affected by HIV/AIDS and to commu- and grams, and interventions to— nities and households caring for children af- ‘‘(IV) retention and attrition data for pro- ‘‘(I) address the needs and vulnerabilities of fected by HIV/AIDS; and grams receiving United States assistance, in- youth populations; ‘‘(E) in communities where HIV/AIDS and cluding mortality and loss to follow-up rates, or- ‘‘(II) expand access among young men and food insecurity are highly prevalent, support ganized overall and by country; women to evidence-based HIV/AIDS health care programs to address these often intersecting ‘‘(ii) the progress made toward— services and HIV prevention programs, includ- health problems through community-based as- ‘‘(I) improving health care delivery systems ing abstinence education programs; and sistance programs, with an emphasis on sustain- (including the training of health care workers, ‘‘(III) expand community-based services to able approaches. including doctors, nurses, midwives, phar- meet the needs of orphans and of children and ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—Of macists, laboratory technicians, and com- adolescents affected by or vulnerable to HIV/ the amounts authorized to be appropriated pensated community health workers); AIDS without increasing stigmatization; under section 401, there are authorized to be ap- ‘‘(II) advancing safe working conditions for ‘‘(xi) a description of— propriated to the President such sums as may be health care workers; and ‘‘(I) the specific strategies funded to ensure necessary for each of the fiscal years 2009 ‘‘(III) improving infrastructure to promote the reduction of HIV infection among injection through 2013 to carry out this subsection.’’. progress toward universal access to HIV/AIDS drug users; (h) ELIGIBILITY FOR ASSISTANCE.—Section prevention, treatment, and care by 2013; ‘‘(II) the number of injection drug users, by 301(d) of such Act is amended to read as follows: ‘‘(iii) with respect to tuberculosis— country, reached by such strategies; ‘‘(d) ELIGIBILITY FOR ASSISTANCE.—An orga- ‘‘(I) the increase in the number of people ‘‘(III) medication-assisted drug treatment for nization, including a faith-based organization, treated and the number of tuberculosis patients individuals with HIV or at risk of HIV; and that is otherwise eligible to receive assistance cured through each program, project, or activity ‘‘(IV) HIV prevention programs demonstrated under section 104A of the Foreign Assistance receiving United States foreign assistance for tu- to be effective in reducing HIV transmission Act of 1961, under this Act, or under any berculosis control purposes through, or in co- without increasing drug use; amendment made by this Act or by the Tom ordination with, HIV/AIDS programs; ‘‘(xii) a detailed description of program moni- Lantos and Henry J. Hyde United States Global ‘‘(II) a description of drug resistance rates toring, operations research, and impact evalua- Leadership Against HIV/AIDS, Tuberculosis, among persons treated; tion research, including— and Malaria Reauthorization Act of 2008, to ‘‘(III) the percentage of such United States ‘‘(I) the amount of funding provided for each prevent, treat, or monitor HIV/AIDS— foreign assistance provided for diagnosis and research type; ‘‘(1) shall not be required, as a condition of treatment of individuals with tuberculosis in ‘‘(II) an analysis of cost-effectiveness models; receiving such assistance— countries with the highest burden of tuber- and ‘‘(A) to endorse or utilize a multisectoral or culosis, as determined by the World Health Or- ‘‘(III) conclusions regarding the efficiency, ef- comprehensive approach to combating HIV/ ganization; and fectiveness, and quality of services as derived AIDS; or ‘‘(IV) a detailed description of efforts to inte- from previous or ongoing research and moni- ‘‘(B) to endorse, utilize, make a referral to, be- grate HIV/AIDS and tuberculosis prevention, toring efforts; and come integrated with, or otherwise participate treatment, and care programs; and ‘‘(xiii) a description of staffing levels of in any program or activity to which the organi- ‘‘(iv) a description of coordination efforts with United States government HIV/AIDS teams in zation has a religious or moral objection; and relevant executive branch agencies to link HIV/ countries with significant HIV/AIDS programs, ‘‘(2) shall not be discriminated against in the AIDS clinical and social services with non-HIV/ including whether or not a full-time coordinator solicitation or issuance of grants, contracts, or AIDS services as part of the United States was on staff for the year.’’. cooperative agreements under such provisions of health and development agenda; (f) AUTHORIZATION OF APPROPRIATIONS.—Sec- law for refusing to meet any requirement de- ‘‘(v) a detailed description of integrated HIV/ tion 301(b) of the United States Leadership scribed in paragraph (1).’’. AIDS and food and nutrition programs and Against HIV/AIDS, Tuberculosis, and Malaria SEC. 302. ASSISTANCE TO COMBAT TUBER- services, including— Act of 2003 (22 U.S.C. 7631(b)) is amended— CULOSIS. ‘‘(I) the amount spent on food and nutrition (1) in paragraph (1), by striking ‘‘fiscal years (a) POLICY.—Section 104B(b) of the Foreign support; 2004 through 2008’’ and inserting ‘‘fiscal years Assistance Act of 1961 (22 U.S.C. 2151b–3(b)) is ‘‘(II) the types of activities supported; and 2009 through 2013’’; and amended to read as follows: ‘‘(III) an assessment of the effectiveness of (2) in paragraph (3), by striking ‘‘fiscal years ‘‘(b) POLICY.—It is a major objective of the interventions carried out to improve the health 2004 through 2008’’ and inserting ‘‘fiscal years foreign assistance program of the United States status of persons with HIV/AIDS receiving food 2009 through 2013’’. to control tuberculosis. In all countries in which or nutritional support; (g) RELATIONSHIP TO ASSISTANCE PROGRAMS the Government of the United States has estab- ‘‘(vi) a description of efforts to improve har- TO ENHANCE NUTRITION.—Section 301(c) of such lished development programs, particularly in monization, in terms of relevant executive Act is amended to read as follows: countries with the highest burden of tuber- branch agencies, coordination with other public ‘‘(c) FOOD AND NUTRITIONAL SUPPORT.— culosis and other countries with high rates of and private entities, and coordination with ‘‘(1) IN GENERAL.—As indicated in the report tuberculosis, the United States Government partner countries’ national strategic plans as produced by the Institute of Medicine, entitled should prioritize the achievement of the fol- called for in the ‘Three Ones’; ‘PEPFAR Implementation: Progress and Prom- lowing goals by not later than December 31, ‘‘(vii) a description of— ise’, inadequate caloric intake has been clearly 2015: ‘‘(I) the efforts of partner countries that were identified as a principal reason for failure of ‘‘(1) Reduce by half the tuberculosis death signatories to the Abuja Declaration on HIV/ clinical response to antiretroviral therapy. In and disease burden from the 1990 baseline. AIDS, Tuberculosis and Other Related Infec- recognition of the impact of malnutrition as a ‘‘(2) Sustain or exceed the detection of at least tious Diseases to adhere to the goals of such clinical health issue for many persons living 70 percent of sputum smear-positive cases of tu- Declaration in terms of investments in public with HIV/AIDS that is often associated with berculosis and the cure of at least 85 percent of health, including HIV/AIDS; and health and economic impacts on these individ- those cases detected.’’. ‘‘(II) a description of the HIV/AIDS invest- uals and their families, the Global AIDS Coordi- (b) PRIORITY TO STOP TB STRATEGY.—Section ments of partner countries that were not sig- nator and the Administrator of the United 104B(e) of such Act is amended to read as fol- natories to such Declaration; States Agency for International Development lows: ‘‘(viii) a detailed description of any compacts shall— ‘‘(e) PRIORITY TO STOP TB STRATEGY.—In or framework agreements reached or negotiated ‘‘(A) follow World Health Organization guide- furnishing assistance under subsection (c), the between the United States and any partner lines for HIV/AIDS food and nutrition services; President shall give priority to— countries, including a description of the ele- ‘‘(B) integrate nutrition programs with HIV/ ‘‘(1) activities described in the Stop TB Strat- ments of compacts described in subsection (e); AIDS activities through effective linkages egy, including expansion and enhancement of

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Directly Observed Treatment Short-course (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- appropriate to carry out this section, is author- (DOTS) coverage, rapid testing, treatment for tion 303 of the United States Leadership Against ized to— individuals infected with both tuberculosis and HIV/AIDS, Tuberculosis, and Malaria Act of ‘‘(1) operate internationally to carry out pre- HIV, and treatment for individuals with multi- 2003, and Malaria Act of 2003 (22 U.S.C. 7633) is vention, care, treatment, support, capacity de- drug resistant tuberculosis (MDR–TB), strength- amended— velopment, and other activities to reduce the ening of health systems, use of the International (1) in subsection (b)— prevalence, mortality, and incidence of malaria; Standards for Tuberculosis Care by all pro- (A) in paragraph (1), by striking ‘‘such sums ‘‘(2) provide grants to, and enter into con- viders, empowering individuals with tuber- as may be necessary for fiscal years 2004 tracts and cooperative agreements with, non- culosis, and enabling and promoting research to through 2008’’ and inserting ‘‘$5,000,000,000 dur- governmental organizations (including faith- develop new diagnostics, drugs, and vaccines, ing the 5-year period beginning on October 1, based organizations) to carry out this section; and program-based operational research relat- 2008’’; and and ing to tuberculosis; and (B) in paragraph (3), by striking ‘‘fiscal years ‘‘(3) transfer and allocate executive branch ‘‘(2) funding for the Global Tuberculosis Drug 2004 through 2008’’ and inserting ‘‘fiscal years agency funds that have been appropriated for Facility, the Stop Tuberculosis Partnership, and 2009 through 2013’’; and the purposes described in paragraphs (1) and the Global Alliance for TB Drug Development.’’. (2) by adding at the end the following: (2). (c) ASSISTANCE FOR THE WORLD HEALTH OR- ‘‘(c) STATEMENT OF POLICY.—Providing assist- ‘‘(c) DUTIES.— GANIZATION AND THE STOP TUBERCULOSIS PART- ance for the prevention, control, treatment, and ‘‘(1) IN GENERAL.—The Malaria Coordinator NERSHIP.—Section 104B of such Act is amend- the ultimate eradication of malaria is— has primary responsibility for the oversight and ed— ‘‘(1) a major objective of the foreign assistance coordination of all resources and international (1) by redesignating subsection (f) as sub- program of the United States; and activities of the United States Government relat- section (g); and ‘‘(2) 1 component of a comprehensive United ing to efforts to combat malaria. (2) by inserting after subsection (e) the fol- States global health strategy to reduce disease ‘‘(2) SPECIFIC DUTIES.—The Malaria Coordi- lowing: burdens and strengthen communities around the nator shall— ‘‘(f) ASSISTANCE FOR THE WORLD HEALTH OR- world. ‘‘(A) facilitate program and policy coordina- GANIZATION AND THE STOP TUBERCULOSIS PART- ‘‘(d) DEVELOPMENT OF A COMPREHENSIVE 5- tion of antimalaria efforts among relevant exec- NERSHIP.—In carrying out this section, the YEAR STRATEGY.—The President shall establish utive branch agencies and nongovernmental or- President, acting through the Administrator of a comprehensive, 5-year strategy to combat glob- ganizations by auditing, monitoring, and evalu- the United States Agency for International De- al malaria that— ating such programs; velopment, is authorized to provide increased re- ‘‘(1) strengthens the capacity of the United ‘‘(B) ensure that each relevant executive sources to the World Health Organization and States to be an effective leader of international branch agency undertakes antimalarial pro- the Stop Tuberculosis Partnership to improve efforts to reduce malaria burden; grams primarily in those areas in which the the capacity of countries with high rates of tu- ‘‘(2) maintains sufficient flexibility and re- agency has the greatest expertise, technical ca- berculosis and other affected countries to imple- mains responsive to the ever-changing nature of pability, and potential for success; ment the Stop TB Strategy and specific strate- the global malaria challenge; ‘‘(C) coordinate relevant executive branch gies related to addressing multiple drug resistant ‘‘(3) includes specific objectives and multisec- agency activities in the field of malaria preven- tuberculosis (MDR–TB) and extensively drug re- toral approaches and strategies to reduce the tion and treatment; sistant tuberculosis (XDR–TB).’’. prevalence, mortality, incidence, and spread of ‘‘(D) coordinate planning, implementation, (d) DEFINITIONS.—Section 104B(g) of such Act, malaria; and evaluation with the Global AIDS Coordi- as redesignated, is amended— ‘‘(4) describes how this strategy would con- nator in countries in which both programs have (1) in paragraph (1), by striking the period at tribute to the United States’ overall global a significant presence; the end and inserting the following: ‘‘includ- health and development goals; ‘‘(E) coordinate with national governments, ing— ‘‘(5) clearly explains how outlined activities international agencies, civil society, and the pri- ‘‘(A) low-cost and effective diagnosis, treat- will interact with other United States Govern- vate sector; and ment, and monitoring of tuberculosis; ment global health activities, including the 5- ‘‘(F) establish due diligence criteria for all re- ‘‘(B) a reliable drug supply; year global AIDS strategy required under this cipients of funds appropriated by the Federal ‘‘(C) a management strategy for public health Act; Government for malaria assistance. systems; ‘‘(6) expands public-private partnerships and ‘‘(d) ASSISTANCE FOR THE WORLD HEALTH OR- ‘‘(D) health system strengthening; leverage of resources; GANIZATION.—In carrying out this section, the ‘‘(E) promotion of the use of the International ‘‘(7) coordinates among relevant Federal agen- President may provide financial assistance to Standards for Tuberculosis Care by all care pro- cies to maximize human and financial resources the Roll Back Malaria Partnership of the World viders; and to reduce duplication among these agencies, Health Organization to improve the capacity of ‘‘(F) bacteriology under an external quality foreign governments, and international organi- countries with high rates of malaria and other assessment framework; zations; affected countries to implement comprehensive ‘‘(G) short-course chemotherapy; and ‘‘(8) coordinates with other international enti- malaria control programs. ‘‘(H) sound reporting and recording systems.’’; ties, including the Global Fund; ‘‘(e) COORDINATION OF ASSISTANCE EFFORTS.— and ‘‘(9) maximizes United States capabilities in In carrying out this section and in accordance (2) by redesignating paragraph (5) as para- the areas of technical assistance and training with section 104C of the Foreign Assistance Act graph (6); and of 1961 (22 U.S.C. 2151b–4), the Malaria Coordi- (3) by inserting after paragraph (4) the fol- and research, including vaccine research; and ‘‘(10) establishes priorities and selection cri- nator shall coordinate the provision of assist- lowing: teria for the distribution of resources based on ance by working with— ‘‘(5) STOP TB STRATEGY.—The term ‘Stop TB ‘‘(1) relevant executive branch agencies, in- Strategy’ means the 6-point strategy to reduce factors such as— ‘‘(A) the size and demographics of the popu- cluding— tuberculosis developed by the World Health Or- ‘‘(A) the Department of State (including the ganization, which is described in the Global lation with malaria; ‘‘(B) the needs of that population; Office of the Global AIDS Coordinator); Plan to Stop TB 2006–2015: Actions for Life, a ‘‘(B) the Department of Health and Human comprehensive plan developed by the Stop TB ‘‘(C) the country’s existing infrastructure; and ‘‘(D) the ability to closely coordinate United Services; Partnership that sets out the actions necessary ‘‘(C) the Department of Defense; and to achieve the millennium development goal of States Government efforts with national malaria control plans of partner countries.’’. ‘‘(D) the Office of the United States Trade cutting tuberculosis deaths and disease burden Representative; SEC. 304. MALARIA RESPONSE COORDINATOR. in half by 2015.’’. ‘‘(2) relevant multilateral institutions, includ- Section 304 of the United States Leadership (e) AUTHORIZATION OF APPROPRIATIONS.—Sec- ing— Against HIV/AIDS, Tuberculosis, and Malaria tion 302 (b) of the United States Leadership ‘‘(A) the World Health Organization; Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7634) is amended to read ‘‘(B) the United Nations Children’s Fund; Act of 2003 (22 U.S.C. 7632(b)) is amended— as follows: ‘‘(C) the United Nations Development Pro- (1) in paragraph (1), by striking ‘‘such sums ‘‘SEC. 304. MALARIA RESPONSE COORDINATOR. gramme; as may be necessary for each of the fiscal years ‘‘(a) IN GENERAL.—There is established within ‘‘(D) the Global Fund; 2004 through 2008’’ and inserting ‘‘a total of the United States Agency for International De- ‘‘(E) the World Bank; and $4,000,000,000 for the 5-year period beginning on velopment a Coordinator of United States Gov- ‘‘(F) the Roll Back Malaria Partnership; October 1, 2008.’’; and ernment Activities to Combat Malaria Globally ‘‘(3) program delivery and efforts to lift bar- (2) in paragraph (3), by striking ‘‘fiscal years (referred to in this section as the ‘Malaria Coor- riers that would impede effective and com- 2004 through 2008’’ and inserting ‘‘fiscal years dinator’), who shall be appointed by the Presi- prehensive malaria control programs; and 2009 through 2013.’’. dent. ‘‘(4) partner or recipient country governments SEC. 303. ASSISTANCE TO COMBAT MALARIA. ‘‘(b) AUTHORITIES.—The Malaria Coordinator, and national entities including universities and (a) AMENDMENT TO THE FOREIGN ASSISTANCE acting through nongovernmental organizations civil society organizations (including faith- and ACT OF 1961.—Section 104C(b) of the Foreign As- (including faith-based and community-based or- community-based organizations). sistance Act of 1961 (22 U.S.C. 2151–4(b)) is ganizations), partner country finance, health, ‘‘(f) RESEARCH.—To carry out this section and amended by inserting ‘‘treatment,’’ after ‘‘con- and other relevant ministries, and relevant exec- in accordance with section 104C of the Foreign trol,’’. utive branch agencies as may be necessary and Assistance Act of 1961 (22 U.S.C. 1151d–4), the

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Secretary of Health and Human Services, ‘‘(2) establish a target that, by 2013, the pro- ‘‘(3) DUTIES OF PANEL.—The Panel shall— through the Centers for Disease Control and portion of children receiving care and treatment ‘‘(A) assess the effectiveness of current activi- Prevention and the National Institutes of under this Act is proportionate to their numbers ties in reaching the target described in sub- Health, shall conduct appropriate program- within the population of HIV infected individ- section (b)(1); matically relevant clinical and operational re- uals in each country; ‘‘(B) review scientific evidence related to the search to identify and evaluate new diagnostics, ‘‘(3) integrate care and treatment with preven- provision of mother-to-child transmission pre- treatment regimens, and interventions to pre- tion of mother-to-child transmission of HIV pro- vention services, including programmatic data vent and control malaria. grams to improve outcomes for HIV-affected and data from clinical trials; ‘‘(g) MONITORING.—To ensure that adequate women and families as soon as is feasible and ‘‘(C) review and assess ways in which the Of- malaria controls are established and imple- support strategies that promote successful fol- fice of the United States Global AIDS Coordi- mented, the Centers for Disease Control and low-up and continuity of care of mother and nator collaborates with international and multi- Prevention shall carry out appropriate surveil- child; lateral entities on efforts to prevent mother-to- lance and evaluation activities to monitor global ‘‘(4) expand programs designed to care for child transmission of HIV in affected countries; malaria trends and assess environmental and children orphaned by, affected by, or vulnerable ‘‘(D) identify barriers and challenges to in- health impacts of malarial control efforts. Such to HIV/AIDS; creasing access to mother-to-child transmission activities shall complement the work of the ‘‘(5) ensure that women in prevention of prevention services and evaluate potential World Health Organization, rather than dupli- mother-to-child transmission of HIV programs mechanisms to alleviate those barriers and chal- cate such work. are provided with, or referred to, appropriate lenges; ‘‘(h) ANNUAL REPORT.— maternal and child services; and ‘‘(E) identify the extent to which stigma has ‘‘(1) SUBMISSION.—Not later than 1 year after ‘‘(6) develop a timeline for expanding access to hindered pregnant women from obtaining HIV the date of the enactment of the Tom Lantos more effective regimes to prevent mother-to-child counseling and testing or returning for results, and Henry J. Hyde United States Global Leader- transmission of HIV, consistent with the na- and provide recommendations to address such ship Against HIV/AIDS, Tuberculosis, and Ma- tional policies of countries in which programs stigma and its effects; laria Reauthorization Act of 2008, and annually are administered under this Act and the goal of ‘‘(F) identify opportunities to improve link- thereafter, the President shall submit a report to achieving universal use of such regimes as soon ages between mother-to-child transmission pre- the appropriate congressional committees that as possible.’’. vention services and care and treatment pro- describes United States assistance for the pre- SEC. 308. ANNUAL REPORT ON PREVENTION OF grams; and vention, treatment, control, and elimination of MOTHER-TO-CHILD TRANSMISSION ‘‘(G) recommend specific activities to facilitate malaria. OF HIV. reaching the target described in subsection ‘‘(2) CONTENTS.—The report required under Section 313(a) of the United States Leadership (b)(1). paragraph (1) shall describe— Against HIV/AIDS, Tuberculosis, and Malaria ‘‘(4) REPORT.— ‘‘(A) the countries and activities to which ma- Act of 2003 (22 U.S.C. 7653(a)) is amended by ‘‘(A) IN GENERAL.—Not later than 1 year after laria resources have been allocated; striking ‘‘5 years’’ and inserting ‘‘10 years’’. the date on which the Panel is first convened, ‘‘(B) the number of people reached through SEC. 309. PREVENTION OF MOTHER-TO-CHILD the Panel shall submit a report containing a de- malaria assistance programs, including data on TRANSMISSION EXPERT PANEL. tailed statement of the recommendations, find- children and pregnant women; Section 312 of the United States Leadership ings, and conclusions of the Panel to the appro- ‘‘(C) research efforts to develop new tools to Against HIV/AIDS, Tuberculosis, and Malaria priate congressional committees. combat malaria, including drugs and vaccines; Act of 2003 (22 U.S.C. 7652) is amended by add- ‘‘(B) AVAILABILITY.—The report submitted ‘‘(D) the collaboration and coordination of ing at the end the following: under subparagraph (A) shall be made available United States antimalarial efforts with the ‘‘(c) PREVENTION OF MOTHER-TO-CHILD to the public. World Health Organization, the Global Fund, TRANSMISSION EXPERT PANEL.— ‘‘(C) CONSIDERATION BY COORDINATOR.—The the World Bank, other donor governments, ‘‘(1) ESTABLISHMENT.—The Global AIDS Coor- Coordinator shall— major private efforts, and relevant executive dinator shall establish a panel of experts to be ‘‘(i) consider any recommendations contained agencies; known as the Prevention of Mother-to-Child in the report submitted under subparagraph (A); ‘‘(E) the coordination of United States anti- Transmission Panel (referred to in this sub- and malarial efforts with the national malarial section as the ‘Panel’) to— ‘‘(ii) include in the annual report required strategies of other donor or partner governments ‘‘(A) provide an objective review of activities under section 104A(f) of the Foreign Assistance and major private initiatives; to prevent mother-to-child transmission of HIV; Act of 1961 a description of the activities con- ‘‘(F) the estimated impact of United States as- and ducted in response to the recommendations sistance on childhood mortality and morbidity ‘‘(B) provide recommendations to the Global made by the Panel and an explanation of any from malaria; AIDS Coordinator and to the appropriate com- recommendations not implemented at the time of ‘‘(G) the coordination of antimalarial efforts mittees of Congress for scale-up of mother-to- the report. with broader health and development programs; child transmission prevention services under ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— and this Act in order to achieve the target estab- There are authorized to be appropriated to the ‘‘(H) the constraints on implementation of lished in subsection (b)(1). Panel such sums as may be necessary for each programs posed by health workforce shortages ‘‘(2) MEMBERSHIP.—The Panel shall be con- of the fiscal years 2009 through 2011 to carry out or capacities; and vened and chaired by the Global AIDS Coordi- this section. ‘‘(I) the number of personnel trained as health nator, who shall serve as a nonvoting member. ‘‘(6) TERMINATION.—The Panel shall termi- workers and the training levels achieved.’’. The Panel shall consist of not more than 15 nate on the date that is 60 days after the date SEC. 305. AMENDMENT TO IMMIGRATION AND NA- members (excluding the Global AIDS Coordi- on which the Panel submits the report to the ap- TIONALITY ACT. nator), to be appointed by the Global AIDS Co- propriate congressional committees under para- Section 212(a)(1)(A)(i) of the Immigration and ordinator not later than 1 year after the date of graph (4).’’. Nationality Act (8 U.S.C. 1182(a)(1)(A)(i)) is the enactment of this Act, including— TITLE IV—FUNDING ALLOCATIONS amended by striking ‘‘, which shall include in- ‘‘(A) 2 members from the Department of SEC. 401. AUTHORIZATION OF APPROPRIATIONS. fection with the etiologic agent for acquired im- Health and Human Services with expertise relat- (a) IN GENERAL.—Section 401(a) of the United mune deficiency syndrome,’’ and inserting a ing to the prevention of mother-to-child trans- States Leadership Against HIV/AIDS, Tuber- semicolon. mission activities; ‘‘(B) 2 members from the United States Agency culosis, and Malaria Act of 2003 (22 U.S.C. SEC. 306. CLERICAL AMENDMENT. 7671(a)) is amended by striking ‘‘$3,000,000,000 Title III of the United States Leadership for International Development with expertise re- lating to the prevention of mother-to-child for each of the fiscal years 2004 through 2008’’ Against HIV/AIDS, Tuberculosis, and Malaria and inserting ‘‘$50,000,000,000 for the 5-year pe- Act of 2003 (22 U.S.C. 7631 et seq.) is amended by transmission activities; ‘‘(C) 2 representatives from among health min- riod beginning on October 1, 2008’’. striking the heading for subtitle B and inserting (b) SENSE OF CONGRESS.—It is the sense of the the following: isters of national governments of foreign coun- tries in which programs under this Act are ad- Congress that the appropriations authorized ‘‘Subtitle B—Assistance for Women, Children, ministered; under section 401(a) of the United States Lead- and Families’’. ‘‘(D) 3 members representing organizations im- ership Against HIV/AIDS, Tuberculosis, and SEC. 307. REQUIREMENTS. plementing prevention of mother-to-child trans- Malaria Act of 2003, as amended by subsection Section 312(b) of the United States Leadership mission activities under this Act; (a), should be allocated among fiscal years 2009 Against HIV/AIDS, Tuberculosis, and Malaria ‘‘(E) 2 health care researchers with expertise through 2013 in a manner that allows for the Act of 2003 (22 U.S.C. 7652(b)) is amended by relating to global HIV/AIDS activities; and appropriations to be gradually increased in a striking paragraphs (1), (2), and (3) and insert- ‘‘(F) representatives from among patient advo- manner that is consistent with program require- ing the following: cate groups, health care professionals, persons ments, absorptive capacity, and priorities set ‘‘(1) establish a target for the prevention and living with HIV/AIDS, and non-governmental forth in such Act, as amended by this Act. treatment of mother-to-child transmission of organizations with expertise relating to the pre- SEC. 402. SENSE OF CONGRESS. HIV that, by 2013, will reach at least 80 percent vention of mother-to-child transmission activi- Section 402(b) of the United States Leadership of pregnant women in those countries most af- ties, giving priority to individuals in foreign Against HIV/AIDS, Tuberculosis, and Malaria fected by HIV/AIDS in which the United States countries in which programs under this Act are Act of 2003 (22 U.S.C. 7672(b)) is amended by has HIV/AIDS programs; administered. striking ‘‘an effective distribution of such

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 6333 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6632 CONGRESSIONAL RECORD — SENATE July 14, 2008 amounts would be’’ and all that follows through The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Objec- ‘‘10 percent of such amounts’’ and inserting ‘‘10 ator from Indiana. tion is heard. percent should be used’’. Mr. LUGAR. Mr. President, I have Is there objection to the majority SEC. 403. ALLOCATION OF FUNDS. asked the leader for clarification of the leader’s pending request? Section 403 of the United States Leadership situation. My understanding is that, as Without objection, it is so ordered. Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7673) is amended— things stood, we would be automati- Mr. REID. Mr. President, I further (1) by amending subsection (a) to read as fol- cally moving on to discussion of ask unanimous consent that if and lows: PEPFAR. I appreciate the anxiety of when we get on the PEPFAR legisla- ‘‘(a) BALANCED FUNDING REQUIREMENT.— the leader with regard to the situation, tion, the distinguished Senator from ‘‘(1) IN GENERAL.—The Global AIDS Coordi- but, at the same time, from our stand- Indiana be recognized for an opening nator shall— statement on the bill. ‘‘(A) provide balanced funding for prevention point on this side of the aisle, I have activities for sexual transmission of HIV/AIDS; been advised we would need to object The PRESIDING OFFICER. Without and to that simply because the agreement objection, it is so ordered. ‘‘(B) ensure that behavioral change programs, our Members feel they have realized The Senator from Indiana is recog- including abstinence, delay of sexual debut, mo- would be that we would move to nized. nogamy, fidelity, and partner reduction, are im- PEPFAR today and have the debates f plemented and funded in a meaningful and eq- on PEPFAR, as opposed to additional uitable way in the strategy for each host coun- PEPFAR try based on objective epidemiological evidence material. Mr. REID. Mr. President, I would say Mr. LUGAR. I thank the leader. as to the source of infections and in consulta- I rise today in support of S. 2731, the tion with the government of each host county to my friend that is absolutely what we involved in HIV/AIDS prevention activities. are going to do. The only way we would Tom Lantos and Henry J. Hyde United ‘‘(2) PREVENTION STRATEGY.— not do that is if you object to it. I have States Global Leadership Act Against ‘‘(A) ESTABLISHMENT.—In carrying out para- explained in more detail than probably HIV/AIDS, Tuberculosis, and Malaria. I graph (1), the Global AIDS Coordinator shall es- everyone wants to hear, but we have a thank Chairman JOE BIDEN for working tablish a HIV sexual transmission prevention with me and other Republicans to strategy governing the expenditure of funds au- situation now, procedurally in the Sen- ate, where there is a spot open. It has achieve a bipartisan approach for the thorized under this Act to prevent the sexual reauthorization of our Nation’s pro- transmission of HIV in any host country with a nothing to do with PEPFAR. It is sepa- generalized epidemic. rate and apart from PEPFAR. There is gram to combat these diseases. I be- ‘‘(B) REPORT.—In each host country described an empty spot there that anyone can lieve we will have an excellent bill be- in subparagraph (A), if the strategy established walk in here—any Senator can walk in fore us that will preserve the best as- under subparagraph (A) provides less than 50 here—and move to anything we have pects of the President’s Emergency percent of the funds described in subparagraph Plan For AIDS Relief—PEPFAR—and (A) for behavioral change programs, including on the calendar. By doing that, of course, they could also accompany that expand the efforts of the United States abstinence, delay of sexual debut, monogamy, to stem the tide of AIDS, tuberculosis, fidelity, and partner reduction, the Global AIDS with a cloture motion, and that is what Coordinator shall, not later than 30 days after we would be on. That would take away and malaria worldwide. the issuance of this strategy, report to the ap- from what the President wants and, I The HIV/AIDS pandemic, coupled propriate congressional committees on the jus- would say, 90 Senators want. So I am with the impact of tuberculosis and tification for this decision. not trying to take advantage of any- malaria, is rending the socioeconomic ‘‘(3) EXCLUSION.—Programs and activities that one. No one loses anything, nothing, fabric of communities, nations, and an implement or purchase new prevention tech- other than the ability to sucker punch entire continent. The U.S. National In- nologies or modalities, such as medical male cir- telligence Council and innumerable top cumcision, pre-exposure pharmaceutical prophy- the entire Senate. laxis to prevent transmission of HIV, or So I would say to my friend, the dis- officials, including President Bush, microbicides and programs and activities that tinguished Senator from Indiana, if we have stated the HIV/AIDS pandemic is provide counseling and testing for HIV or pre- are on this matter here, I would be a threat to national and international vent mother-to-child prevention of HIV, shall happy to—and no harm can be done. If security. not be included in determining compliance with people do not want us to move to that, Communities are being hobbled by paragraph (2). I could not do it. I could not do it any- the disability and the loss of con- ‘‘(4) REPORT.—Not later than 1 year after the way. I would have to have 60 Senators sumers and workers at the peak of date of the enactment of the Tom Lantos and their productive, reproductive, and Henry J. Hyde United States Global Leadership to agree to that. This is simply an ef- Against HIV/AIDS, Tuberculosis, and Malaria fort to allow us to complete PEPFAR— care-giving years. In the most heavily Reauthorization Act of 2008, and annually without using the term too many affected areas, communities are losing thereafter as part of the annual report required times; this is the third time I have a whole generation of parents, teach- under section 104A(e) of the Foreign Assistance used it—without the entire Senate ers, laborers, health care workers, Act of 1961 (22 U.S.C. 2151b–2(e)), the President being sucker punched. peacekeepers, and police. shall— Mr. President, I suggest the absence United Nations projections indicate ‘‘(A) submit a report on the implementation of that by 2020, HIV/AIDS will have de- paragraph (2) for the most recently concluded of a quorum. fiscal year to the appropriate congressional com- The PRESIDING OFFICER. The pressed GDP by more than 20 percent mittees; and clerk will call the roll. in the hardest hit countries. The World ‘‘(B) make the report described in subpara- The assistant legislative clerk pro- Bank recently warned that while the graph (A) available to the public.’’; and ceeded to call the roll. global economy is expected to more (2) in subsection (b)— Mr. REID. Mr. President, I ask unan- than double over the next 25 years, Af- (A) by striking ‘‘fiscal years 2006 through imous consent that the order for the rica is at risk of being left behind. 2008’’ and inserting ‘‘fiscal years 2009 through Many children who have lost parents 2013’’; and quorum call be rescinded. (B) by striking ‘‘vulnerable children affected The PRESIDING OFFICER. Without to HIV/AIDS are left entirely on their by’’ and inserting ‘‘other children affected by, objection, it is so ordered. own, leading to an epidemic of orphan- or vulnerable to,’’. f headed households. When they drop out UNANIMOUS-CONSENT REQUEST—S. 3186 of school to fend for themselves and Mr. REID. Mr. President, I now ask MORNING BUSINESS their siblings, they lose the potential unanimous consent that upon disposi- Mr. REID. Mr. President, I ask unan- for economic empowerment that an tion of S. 2731/H.R. 5501, the global imous consent that we now proceed to education can provide. Alone and des- AIDS legislation, the Senate then pro- a period of morning business, that Sen- perate, they sometimes resort to trans- ceed to Calendar No. 835, S. 3186, which ator LUGAR be recognized to speak for actional sex or prostitution to survive is a bill to provide for the Low-Income up to one-half hour, and that following and risk becoming infected with HIV Home Energy Assistance Program. his speech, I be recognized. themselves. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there I believe that in addition to our own objection? objection to the majority leader’s pre- national security concerns, we have a Mr. LUGAR. Mr. President, reserving vious request? humanitarian duty to take action. Five the right to object. Mr. LUGAR. I object. years ago, HIV was a death sentence

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6633 for most individuals in the developing forts in each country can be tailored to I understand some Members would world who contracted that disease. its unique situation. I have consulted spend less than $50 billion, while others Now there is hope. We should never for- extensively with American officials would choose to spend more. get that behind each number is a per- who are implementing PEPFAR. Most But this is a reasonable target that son—a human being—a life the United believe that adding new restrictions to has emerged from good-faith negotia- States can touch or even save. the law can limit the flexibility of tions between Congress and the White PEPFAR has provided treatment to those charged with implementation in House. I believe it will maximize the an estimated 1.4 million men, women, 2009 and beyond. We don’t know who humanitarian and foreign policy bene- and children infected with HIV/AIDS in that will be and, more importantly, we fits of the PEPFAR Program. Africa and elsewhere. Before the pro- don’t know what the challenges of 2013 We have an opportunity this week to gram began, only 50,000 people in all of will be, although we can probably say establish policy on a bipartisan basis sub-Saharan Africa were receiving life- with confidence the landscape will be that will be a triumph for the United saving antiretroviral drugs. Today, very different than it is today. As the States of America. We have the oppor- three times that many are being treat- Institute of Medicine said, the Global tunity to save lives on a massive scale ed in Kenya alone. PEPFAR also has Leadership Act is a ‘‘learning organiza- and preserve the fabric of numerous focused on prevention programs, with tion.’’ We should pass a bill that allows fragile societies. I ask my colleagues to the target of preventing 7 million new PEPFAR to expand and evolve its pro- continue to work together for this very HIV infections. As Americans, we gram implementation, utilizing the ex- important result. should take pride in our Nation’s ef- perience it has gained in its initial I look forward to the passage of this forts to combat these diseases over- years of operation. important legislation. seas. I understand some Members identify Mr. President, I yield the floor. We should understand that our in- concerns or areas that they believe de- The PRESIDING OFFICER. The Sen- vestments in disease prevention pro- serve specific emphasis. As Senators ator from Florida is recognized. grams have yielded enormous foreign study the record of PEPFAR to date, I Mr. NELSON of Florida. Mr. Presi- policy benefits during the last 5 years. believe they will find that the vast ma- dent, I ask unanimous consent that I PEPFAR has helped to prevent insta- jority of the authorities needed for the be allowed to speak for the remainder bility and societal collapse in a number next phase of our efforts already are in of the time on this side in morning of at-risk countries; it has stimulated existing legislation. This flexibility is business. The PRESIDING OFFICER. Without contributions from other wealthy na- preserved in the House bill and in the objection, it is so ordered. tions to fight AIDS; it has facilitated bill before us today. deep partnerships with a generation of Mr. NELSON of Florida. Mr. Presi- The one directive in the Leadership dent, I thank the Senator from Indiana African leaders; and it has improved Act that I believe must be maintained attitudes toward the United States and for his and Senator BIDEN’s leadership holds that 10 percent of funding be de- in getting this legislation to the floor. Africa and other regions of the world. voted to programs for orphans and vul- In my judgment, the dollars spent on This Senator has just returned from nerable children. There were few pro- Africa over the July 4th recess. Four this program can be justified purely on grams focused on the needs of these the basis of the humanitarian results countries in southeastern Africa— children before the Leadership Act, and Kenya, Tanzania, Uganda, and Rwan- we have achieved, but the value of this we remain in the early stages of the ef- investment clearly extends to our na- da—is where PEPFAR has been con- fort to serve them. Before the advent of centrated. Out of the $3 billion that is tional security and to our national rep- PEPFAR, neither the United States utation. being spent per year in Africa, for ex- nor anyone else had much experience ample, $500 million of that goes just to I wish to emphasize three points that in programs that support children in- should guide our deliberations. First, it the country of Kenya. fected with or affected by HIV/AIDS. As the distinguished Senator from is important that Congress move now After several years of effort, we have to reauthorize the program. The au- Indiana has said, it is very true that made some progress, but our programs the attitudes about the United States— thorization expires in 21⁄2 months. Part- are not yet as firmly established as as a result of us being out there with ner governments and implementing or- they can be. ganizations in the field have indicated this very effective program that is The AIDS orphans crisis in sub-Saha- turning people’s lives around, which, in that without certainty of reauthoriza- ran Africa has implications for polit- tion of this bill, they may delay ex- fact, is taking people who were nothing ical stability, development, and human but skin and bones and now being able panding their programs to meet welfare that extend far beyond that re- PEPFAR goals. Certainty of U.S. ac- to live a somewhat normal life, it has gion. The American people strongly increased the favorability toward the tion is an important matter of percep- back this effort, and the maintenance tion, delivering something similar to United States enormously all over the of this directive will help to ensure continent. It has had a tremendous ef- consumer confidence to these nations. that we remain attentive to those who It may be intangible, but it will pro- fect. For example, in Kampala, Uganda, need our support the most. The direc- I visited a PEPFAR program. It was foundly affect the behavior of individ- tive will also help ensure the success of uals, groups, and governments engaged not only giving the antiviral drugs— the Assistance for Orphans and Other and these were to a lot of the children in the fight against HIV/AIDS. The Vulnerable Children in Developing continuity of our efforts to combat of the refugees who live in this squalor Countries Act of 2005, a bill I drafted you could not believe, but, in addition, aids, malaria, and tuberculosis, and the and which was cosponsored by 11 Sen- impact of our resources on the commit- if their bodies won’t take the drugs be- ators. That bill was signed into law on cause they are malnourished, there is a ments of the rest of the world will be November 8, 2005. maximized if we act now. food program that goes along with it Underscoring this point, last fall the The third point I would underscore is through USAID. The combination of Ministers of Health of the 12 African this is an authorization bill subject to the two—a year ago in Ethiopia, the focus countries receiving PEPFAR as- the annual budget and appropriations same thing—by getting their little bod- sistance wrote to us saying: process. It is meant to establish policy ies up to where, nutritionally, they can and the overall parameters of spending accept the HIV antiviral drugs, it has Without an early and clear signal of the on the PEPFAR program. The $50 bil- had a tremendous effect. continuity of PEPFAR’s support, we are con- cerned that partners might not move as lion figure is based on what we believe On this particular PEPFAR Program, quickly as possible to fill the resource gap can be spent efficiently and effectively there was much more—a school for the that might be created. Therefore, services in the years ahead. It presumes that children. The children wore uniforms. will not reach all who need them. . . . The funding will gradually increase over The children were learning science, momentum will be much greater in 2008 if we the coming 5-year period. Of the $50 bil- math, English, and all the studies that know what to expect after 2008. lion authorized, $5 billion has been re- will give them some opportunity for a Secondly, our bill expands the flexi- served for malaria and $4 billion has fruitful and productive life. So now, as bility of current law so that U.S. ef- been reserved for tuberculosis. the leadership of our Senate Foreign

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6634 CONGRESSIONAL RECORD — SENATE July 14, 2008 Relations Committee has come forth indication of where their attitude is and someone who was going to bring a with an extension and expansion of this about a democratically elected govern- fresh break, a fresh government that program, it is absolutely necessary ment in Zimbabwe—it is critical for us was going to be a democratic govern- that we pass it. to continue to work with the U.N. and ment. He has long been celebrated by You cannot do any better than the our African Union partners to help his fellow African leaders for his role good will—just think about the globe bring about a political solution for the as a liberation leader for Zimbabwe. In and about where America may not be desperate people in Zimbabwe. recent years, Mugabe has too often held in the highest of esteem. But it is On this most recent trip, I didn’t go been coddled as his failings have come held in the highest esteem in Africa. It to Zimbabwe. I wasn’t welcome. It was to light. Two weeks ago, unfortu- is in large part as a result— a striking survey of the governments nately, the African Union allowed him Mr. REID. Mr. President, I ask my that I saw in those four countries, a to take his seat as the head of state friend to yield for a unanimous consent new African leadership, strong eco- among the leaders in their annual request. nomic growth, the rule of law, political meeting that was in Sharm el-Sheikh. Mr. NELSON of Florida. I yield to stability—what a contrast with the old Those African Union leaders were the majority leader for that purpose. ways of dealing with people such as split over how to deal with Mugabe, Mr. REID. Mr. President, it is my un- Mugabe, in a government that is but they allowed him to be seated. derstanding that we had a half hour marked with autocracy, corruption, Many leaders, including South African under morning business. I told Senator and the rule of law through the barrel President Mbeki, who serves as the NELSON he could use the remaining ap- of a gun. Well, what is clearly in the South African Development Commu- proximately 10 minutes of that time interest of the people of Zimbabwe and nity’s designated mediator, have stood and I would be recognized thereafter. Is the rest of the world is stability in by as Mugabe has trampled human there any concern about that? Is that Zimbabwe. And it is important that we rights, as he has silenced the press, as still in effect? continue to press forward. he has undermined the rule of law, and Mr. President, it is no big deal. It In east Africa, the rule of law does he has run the once-thriving Zimbab- might make it easier for everybody. I have some new applications—for exam- wean economy into the ground. will ask unanimous consent that I be ple, the Government of Kenya. There, South Africa worked behind the recognized when Senator NELSON fin- the whole place was being torn apart scenes to sink the U.S.-sponsored reso- ishes his statement. because of a dispute in the December lution on Zimbabwe at the U.N. last The PRESIDING OFFICER. Is there election. Finally, after much violence week. This is quite distressing, given objection? Without objection, it is so and with as many as 5,000 deaths—if that South Africa is where it is today ordered. you can believe it—because of the vio- because of the international sanctions Mr. NELSON of Florida. Mr. Presi- lence following the election, the busi- to end apartheid. dent, I say to the majority leader, I ness community, the government com- So now because of these ruinous eco- would have asked that, but this Sen- munity, and the two opposition parties nomic policies, Zimbabwe is the ator thought that was locked in with came together and said: We have to world’s fastest shrinking economy. It the previous unanimous consent. I have a better way. They formed this has a negative GDP of minus 6 percent. thank the majority leader for the op- unity government. Thus far, it has It has skyrocketing inflation. Zimbab- portunity. worked. Let’s see how it continues. we’s central bank stopped posting in- Mr. President, the United States has But in the aftermath of September flation figures in January when infla- benefited enormously because of the 11, we know all too well how instability tion stood at, unbelievably, over 100,000 good will. That is one thing. But when and weak governance and corruption percent. A loaf of bread cost 30 billion you see these folks who have been be- can sow the seeds of radicalization and Zimbabwean dollars—a loaf of bread. deviled with this terrible, terrible in- terrorism. Now, however destitute and The sinking economy and the govern- fliction suddenly have a chance for a downtrodden the heroic people of Zim- ment-orchestrated political intimida- normal life as a result of these babwe, however, those heroic people tion and murder has caused a massive lifegiving drugs, when properly admin- have risen up against Mugabe’s ma- refugee flight into the neighboring istered, along with the food programs chine at the ballot box on March 29 and countries. According to a recent report as well, indeed it is one of the least they cast their votes overwhelmingly by Human Rights Watch, there is now things we can do. for Morgan Tsvangirai and his Move- estimated to be 1.5 million Zimbab- Is it not in the capacity of the United ment for Democratic Change. That op- weans who have fled across the border States to help the rest of the world? Of position party won 48 percent of the into South Africa. course it is. Is it not within our ethos vote against 43 percent for Mugabe. to want to help the rest of the world? But then, of course, Mugabe initiated The international community must It certainly is. Just as a byproduct of a reign of terror and intimidation in honor the courage of the Zimbabwean that, the people of Africa are recog- the lead-up to this farce of a runoff people and help them take back their nizing the leadership that the United election. His state-sponsored violence country from the brink of ruin. States has taken. They are appre- against opposition members, against Recent reports show that a Chinese ciative. supporters, against civilians, in an at- ship loaded with more than 1 million I must say that there was a part of tempt to consolidate his power, ulti- pounds of arms bound for Zimbabwe this African trip that was very dis- mately caused the opposition can- was eventually turned away by the turbing to me, and that was the grave didates to withdraw from the election. dock workers in Durban, South Africa, situation in Zimbabwe. That is as a re- He had to take refuge in the Dutch Em- a reminder of the support Mugabe con- sult of the disastrous regime of Robert bassy. This recent runoff was declared tinues to receive from around the Mugabe. neither credible nor fair by inde- world. Last Friday, a bunch of us Senators pendent election monitors. Mugabe was The United States is going to have to had joined Senators FEINGOLD and the only candidate left. He was de- continue to work in the U.N. and with ISAKSON, who are leaders on the Afri- clared the winner. the African Union to immediately call can Affairs Subcommittee of the For- Since the initial election back in for Robert Mugabe to step down and to eign Relations Committee, in intro- March, the opposition party said that push for a number of practical solu- ducing a resolution to rebuke Robert 86 of its supporters have been killed tions for the crisis in Zimbabwe. Mugabe and support U.S. efforts at the and 200,000 of its supporters forced from First is an international arms embar- United Nations to impose tougher their homes by militias loyal to go and stricter sanctions. Although our sanctions on the Mugabe regime. Al- Mugabe’s party. backed resolution in the United Na- though the U.S.-sponsored resolution If you will go back decades, Mugabe tions last Friday failed, we must con- failed to overcome the vetoes of China took over in a new country of Zimbab- tinue to work on an international and Russia—listen to that: the vetoes we when he had thrown off the colonial framework to impose sanctions on of China and Russia—in the Security rule under the old Rhodesia. Mugabe international arms, travel, and an Council on Friday—we kind of get an was looked upon as a freedom fighter asset embargo. We have to get Mugabe

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6635 to understand that his totalitarian, the problem of discipline that general, will be able to begin dealing with in dictatorial ways have to change. now the new President of Rwanda, had the not too distant future. Then we need to press for any new in trying to exert discipline. This bill is called PEPFAR, as I said, power sharing arrangement. Any new The President told me in our meeting but that stands for the President’s mediation must secure agreement with that was a very difficult time because Emergency Plan for AIDS Relief. It is the opposition, with Tsvangirai in the a soldier would go to his home and find a program that President Bush brought lead, and provide support in setting up his entire family slaughtered, and he to the Congress in 2003 and was en- new institutions. We can assist the felt that he would have to take the re- acted. It authorized $15 billion over a 5- transitional government by helping to venge into his own hands, despite the year period for the purpose primarily provide a framework for future elec- order that the general had given him. of supporting the treatment of AIDS in tions and reforms. The general, the new President, then Africa and elsewhere. We need to help them economically. would have that soldier arrested, even Between 2004 and 2008, according to The African Union, led by Zimbabwe’s though you can understand the feeling the Bush administration, PEPFAR has largest trading partners, including of outrage of seeing 50 members of his supported a cure for about 10 million South Africa, Zambia, Congo, and Bot- family slaughtered. people infected by HIV/AIDS, including swana, should put together a package The President told me also the story children orphaned by AIDS. It pre- of aid and reconstruction funding to about the notes that he would get from vented 7 million new HIV infections. It help the ravaged people of Zimbabwe members of his army that said: Mr. supported efforts to provide support to stand on their feet. The United States President, it is not going to please you another 2 million HIV-infected people. and Europe can play a leading role in because you have given orders to the As a result, I think when the Presi- backing that effort with the support contrary, but I could not stand by and dent indicated in his State of the that we are so generously quick to see these people who have slaughtered Union speech that he wanted to reau- offer. my family get away with it. And then thorize the program, most of us in the The situation in Zimbabwe is dire, that soldier would take the revenge Congress, in the House and in the Sen- and the United States must take the and that soldier would then turn the ate, were supportive of that. I sup- lead in rebuking Robert Mugabe in gun on his own self and commit sui- ported the initial legislation and fully calling for a new dawn for Zimbabwe. cide. intended to support the reauthoriza- It is a time in which when you see But the general’s orders took hold. tion. the success, the beginnings of political He established a government. It was a There is one little catch. When the stability, the beginnings of economic government where they would go President made his announcement, he blossoming in countries such as Kenya through under Rwandan law and try offered to double the amount of the au- and Tanzania and Uganda and Rwanda, those people. They would try to bring thorization from $15 billion to $30 bil- we know the same thing can be done in about reconciliation. And 14 years lion. I swallowed rather hard because a place such as Zimbabwe. later, after 1 million people were doubling the amount is a big change in Just think, in those last two coun- slaughtered in a 100-day period, Rwan- the amount of money available, but I tries I mentioned, Uganda and Rwanda, da is on its way back with some sta- assumed I would be able to support the look from where they have come. It bility, some economic promise, and reauthorization of the bill. However, was not too many years ago that there some economic progress. when the bill was written in the House was a brutal dictator named Idi Amin. This is what can happen in Africa, of Representatives and then sent over A lot of people have seen the movie and this is what needs to happen in to the Senate, two things happened. ‘‘The Last King of Scotland,’’ which Zimbabwe. Soon there are going to be First, one of the things that made the tells about the brutality of that re- elections in South Africa bringing in a legislation effective in the first place gime. But as soon as Idi Amin was new President. If present President was that we had several conditions at- gone, the former President came in Mbeki will not move, since they are tached to it as to how the money would again and became almost as bad, the biggest influence on Zimbabwe be- be spent. We were very careful to en- Obote. It wasn’t until another strong cause of their trade relationship, if he sure that the money was spent appro- man, a general named Museveni, came will not move, then there is another priately. That is one of the reasons it on that he has brought stability for the election in South Africa that will elect has been effective. last couple of decades. a new leader, and maybe that new lead- And, secondly, when the bill was Look at the country immediately to er will move to bring sanctions on Zim- written in the House of Representa- the south of Uganda. Look at Rwanda. babwe so that, once again, the promise tives, lo and behold, it was not doubled Look at what has happened to Rwanda, of Africa will become realized, as so from $15 to $30 billion, it was more a country, just 14 years ago, in 1994, be- many countries in Africa today are re- than tripled to $50 billion. cause there was the hatred between the alizing. Now, there was not anything magical two tribes, the Hutus and the Tutsis— Madam President, I yield the floor, about $50 billion; it seemed like a nice, the Hutus were in charge of the govern- and I suggest the absence of a quorum. round, symbolic number. As a result, ment. They allowed the militias, the The PRESIDING OFFICER (Ms. STA- several of us at that point said: Wait a gangs, the thugs to reign and use as an BENOW). The clerk will call the roll. minute. That is a lot of money. In excuse the downing of the President’s The legislative clerk proceeded to Washington when a program doubles, airplane, and they unleashed a reign of call the roll. that is something. When it more than terror that was nothing short of mass Mr. KYL. Mr. President, I ask unani- triples, it bears some looking into. slaughter, genocide, of which, unbeliev- mous consent the order for the quorum Because of many of the problems ably, within 100 days, 1 million people call be rescinded. with the substance of the bill, as well were slaughtered and hacked to death The PRESIDING OFFICER (Mr. as this tripling of the amount from $15 by machetes. That was 14 years ago. WHITEHOUSE). Without objection, it is to $50 billion, several of us began to The general who took over and is so ordered. take a harder look at it. Then, as the now the President of Rwanda, the op- Mr. KYL. I ask I be allowed to speak gas crisis hit, the housing crisis hit, posite tribe, a Tutsi, said: We are not in morning business for 30 minutes. and we find that more and more Ameri- going the same way. We are not going The PRESIDING OFFICER. Without cans are feeling the real pinch of a to take revenge. objection, it is so ordered. downturn in our economy, the question You can imagine when his army Mr. KYL. Mr. President, I want to began to solidify: Should America be came in and invaded the capital city of speak about the bill which we had committing to spend $50 billion on this Rwanda and they saw bodies strewn all hoped to have taken up by now, the program, which at $15 billion was quite over the streets rotting, corpses that PEPFAR Reauthorization Act. Because successful, without at least considering dogs were eating the flesh, and when of some procedural questions, we are whether we can reduce the amount and his soldiers found out that their entire not on the bill right now, but I thought certainly taking a look at the sub- families had been wiped out, hacked to I would utilize this time to make some stantive provisions of it to see if it can death with machetes, you can imagine remarks about the bill which I hope we get back to the original purpose rather

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6636 CONGRESSIONAL RECORD — SENATE July 14, 2008 than some of the expanded purposes not well monitored. It is very possible care professionals and nurses. We are under the House bill. for our funding to be wasted as a part wealthy and can afford to be a very That is why several of us said, when of that. generous country, but we also have the bill came through the Senate For- Again, there was nothing in the needs in this country. I mentioned the eign Relations Committee: We object original House and Senate bills on this water development projects and so on. to simply passing the bill out of the and they at least got some strength- I happen to be familiar, and Senator Senate without any opportunity to ening of the Global Fund transparency THUNE has offered an amendment on amend it, certainly without any oppor- and accountability provisions. this, with the needs in the United tunity to reduce the amount of it and Another provision was to protect States of America for water develop- without an opportunity to fix it. I AIDS patients from substandard medi- ment in our Native American commu- know some of us were criticized. But I cine, which again was not in the origi- nities, on Indian reservations. would hope that when we talk about nal language. There were other things. There is a study out right now that some of the changes that have already My point is that when those of us ob- demonstrates the need that many, been agreed to, those who were critical jected originally to passing the bill as thousands of our Native Americans of us who said: No, we are not going to it came out of the House, we were criti- have to rely on water being hauled to automatically pass it, would at least cized: Well, this is a perfect bill, we their communities, which they then acknowledge there have been numerous were told. It turns out it was not so take to their individual hogans or resi- improvements in the bill because of the perfect after all. dences. We need water development negotiation process which ensued. That is point No. 1. Point No. 2, there right here in the United States for I wish to particularly thank Senators are some additional things which American citizens, and I might add to COBURN, BURR, and ENZI for working on should be done to the substance of the whom we have a trust responsibility, several provisions of the bill and, bill. Point No. 3 deals with the amount at least as a priority before we send frankly, restoring the original purpose of money that is being spent. money abroad for folks who do not fall Here are some of the remaining areas of PEPFAR in the process. They did a into that same category. good job. Let me note two or three of that are problematic: The bill would The final point I wished to make is the areas with which I think they did a not prohibit funding for countries such that this legislation, at $50 billion of as China, Russia, and India, countries good job. One key to PEPFAR working authorization, is more than we can af- that are quite wealthy, that have their in the first place was that at least 55 ford. The Congressional Budget Office, own nuclear weapons and space explo- percent of the funding had to go di- in fact, says that if it is authorized at ration programs. Russia is awash in rectly to the treatment of AIDS pa- $50 billion, we cannot efficaciously petrodollars. China has hundreds of bil- tients. That was a good thing. Once the spend more than about $34 billion. In lions of dollars in its foreign currency House said: No, we can spend this other words, it is very hard to spend reserve, has an exploding military money on other things, too, you could that much money, at least to do so budget, and so on. So, certainly, we see the same kind of problems with without a lot of waste, fraud, and ought to limit the funding of the bill to some other foreign aid bills, where abuse. countries that actually need the As a result, even the Congressional money is going to governments or money. NGOs and you never see it again. Secondly, it adds a variety of lower Budget Office, the nonpartisan entity As a result, what Senators COBURN, priority programs to spend the extra that we ask for advice on such things, BURR, and ENZI did was say: Look, we money above the $15 billion, includ- said we could not spend more than $34 need to get back to the proposition ing—well, I am not going to mention billion in that event. As I said, $50 bil- that at least half the bilateral AIDS all of these, but educating males about lion is the amount of the authorization funding is spent on treatment, for the dangers of visiting prostitutes. here. treatment for HIV/AIDS. That, in fact, That is a fine thing, but is that a pri- To put it in perspective, what is $50 was agreed to. But I would note, again, ority that we need to spend this money billion? What could we spend $50 billion that the original House and Senate on? Addressing the inheritance rights on? We passed a new GI bill. It could bills proposed simply eliminating that of women and orphans. There is money pay for the GI bill twice. It could pay treatment floor. in here for legal aid and the like, legal for the Apollo Program to land a man Another thing they negotiated was to aid services. on the Moon twice. It could pay for strengthen the protection of funding There is mission creep in the new leg- about half the entire interstate defense for abstinence and fidelity programs, islation. It calls for PEPFAR dollars to highway system. It could pay the pen- clarifying that 50 percent of any fund- support nutrition programs, drinking sions of our military veterans for over ing had to go to those kinds of pro- water and sanitation and income-gen- a year. Now, $50 billion is a lot of grams. I would note, again, that the eration activities and livelihood activi- money. As I said, I do not know of any- original House and Senate bills elimi- ties—legal services, as I said. body who would not be willing, espe- nated the requirement in the previous All of these might be fine, but this is cially if we are able to clean up some of law that a third of the prevention not the PEPFAR program, this is for- the other language in the bill, to au- funds would go to abstinence edu- eign aid. There are not any kind of con- thorize it at $15 billion, maybe to even cation. straints on this mission creep that double it to $30 billion, but $50 billion? Another thing that they did to make ought to be in existence if we are going I note President Bush has, at least in the bill better was to protect faith- to authorize this kind of money for it. more recent months, begun to focus on based groups and others from discrimi- The bill diverts funding from AIDS the wasteful Washington spending, the nation in all funding. Again, the House treatment for other purposes. I men- programs he believes spend too much and Senate bills had very weak con- tioned legal services and substance money, and to put some fiscal dis- science clauses, so-called conscience abuse and so on. It doubles the funding cipline on the Congress. In fact, since clause provisions. This was, again, an for the U.N.-affiliated Global Fund, the Democratic Party takeover of the improvement of the bill which would which disregards U.S. policies on posi- Congress, the President has threatened not have occurred if we had simply tions such as abortion and needle ex- to veto more than 25 authorization and agreed to the unanimous consent that change and has been linked to funding appropriations bills. This amounts to we pass the bill that had been posed for corrupt and criminal regimes. about $188 billion in spending because earlier and that some of us had ob- It strikes current law regarding the of his view that this is excessive be- jected to. inadmissibility into the United States yond what the American taxpayer can To some extent, it strengthens the of HIV-positive aliens. It calls for a be burdened with. Global Fund transparency and account- strategy and objective over the next 5 I will note a couple of those. But it ability. This is an area that needs addi- years with these funds to train and hire illustrates where the President has tional strengthening. But there is a 140,000 new nurses and other health been willing to say: I am going to veto part of this bill that is not the bilat- care professionals in these countries. a bill. That is his ultimate authority eral U.S. money, it goes into this big This at a time when the United here. In the case of the Labor-HHS 2008 Global Fund. And the Global Fund is States is drastically in need of health Appropriations Act, the President

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6637 would have vetoed the bill by exceed- payer money, we need to be good stew- inspector general. Here is what it says ing his request by $9 billion. Now, this ards of it. More than tripling a pro- in part: That some Indian detention fa- is $35 billion more than the previous gram to get it up to $50 billion in for- cilities were egregiously unsafe, unsan- funding, $20 billion more than the eign aid is more than I think most itary, and a hazard to both inmates and President announced in his State of the Americans—if you put the question to staff. BIA’s detention program is rid- Union speech that he would be willing them and said: Is this what you want dled with problems and is a national to reauthorize the bill at. to do with $50 billion of your money, I disgrace. A recent 2008 Department of He would have vetoed $2.3 billion be- would bet you the vast majority of Interior study, called the Shubnum re- yond the budget in the Commerce Americans would say: Look, we are port, confirms that tribal jails are still State and Justice Appropriations Act willing to be generous, provide some- grossly inefficient and says: in 2008; $2.2 billion in the Department thing for that program but not $50 bil- [O]nly half of the offenders are being incar- of Homeland Security Appropriations lion. cerated who should be incarcerated, the re- Act. That brings me to my final point. In maining are released through a variety of in- Then, for some authorizations—be- prioritizing, and that is what Congress formal practices due to severe overcrowding cause this is an authorization, not an needs to do, prioritizing what we spend in existing detention facilities. appropriation—the Water Quality Fi- our money on, we have to look at our Life and safety of officers and inmates are nancing Act, H.R. 720, which authorizes domestic needs as well. I have sup- at risk for lack of adequate Justice Facili- ties and programs in Indian Country. Federal spending for State clean water ported some increases in funding for revolving funds, that bill would have years on programs that I think are It goes on to recommend that we con- been vetoed for providing $14 billion in very important. The answer has always struct or rehabilitate 263 detention fa- excess above the current $5.6 billion au- been: Well, there is not enough money. cilities at a cost of about $8.4 billion thorization. We would love to help you out, Senator over the next 10 years. So there is a I know many of my colleagues have KYL, but there is not enough money. need identified for American citizens. said a $50 billion authorization for OK. Now we have gone from $15 billion What the Thune-Kyl amendment PEPFAR is not a big deal because it is to $50 billion that we are ready to asks is that we take a billion out of only an authorization, not an appro- spend on PEPFAR. PEPFAR and apply it to this $8.4 bil- priation. But that certainly was not So, clearly, the majority around here lion need. I have personally visited de- the position of the administration has decided, along with the administra- tention facilities in Arizona. I have when it threatened to veto this bill tion, that we can afford to spend $50 witnessed firsthand their deplorable that was over $14 billion more than billion on something. My approach conditions. The Navajo Nation, to men- what the President wanted, or H.R. would be to say: OK, if we have decided tion one, in New Mexico, Utah, and Ar- 1495, the Water Resources Development we can afford to spend $50 billion, why izona is about the size of the State of Act, which authorized water infra- don’t we only spend part of that on West Virginia. It has a population of structure projects. That bill was vetoed PEPFAR, and why don’t we spend part more than 180,000 people. In fact, it is of it on America for what we know are for going about $7 billion over what the over 200,000, if you count all of them. top priorities? President had authorized or had budg- Yet a number of its detention facilities We have already decided we can af- have been closed for health and safety eted. ford to spend $50 billion. How about So it is kind of difficult to under- reasons. It has bed space—this place, some priority for American spending as stand how the administration or my the size of West Virginia—for 59 in- well? I can think of a lot of things that colleagues can support more than tri- mates. That is to serve a total of over almost all of us would agree upon as pling a foreign aid program by spend- 50,000 inmates booked in its facilities good projects for spending some of this ing $50 billion on PEPFAR when the in 2007. I think everyone would agree money. this is a deplorable state of affairs. administration was so keen, and I be- I mentioned before the fact that the This represents only a fraction of its lieve correctly so, to finally put the U.S. Government has a trust responsi- needs. stake down in the ground and say: I am bility to Native Americans in this There is much more we can discuss. going to veto legislation that is $2 bil- country. We have an obligation to help When people are released, it is impos- lion or $3 billion or $7 billion over what them pay for what is important to sible to protect the people of the com- it should be, including authorizations. them. Health care. We passed an Indian munity. As I said before, we are very wealthy health care bill. So I asked: Are there Let me briefly turn to water. The and therefore should be and can be a additional health care needs? Well, managers’ amendment to S. 2731 in- very generous country. But we also mostly they were taken care of thanks cludes assistance to foreign countries have to establish our priorities. Chang- to Senators MURKOWSKI and DORGAN in ing this legislation and tripling the the Indian health bill, which I was for safe drinking water and adequate money is not necessarily going to happy to support. sanitation. This is supposed to be an make it triply effective. In fact, if any- There are two other needs on Indian AIDS bill. Why are we providing drink- thing, as I said, I think it is going to reservations that are drastic, emer- ing water facilities abroad? I concede make it less effective. gencies, and an embarrassment in that that they are a good thing to do, and I make this point: We have now an we in the Congress are not able to meet there is a need for them, but when American economy which is struggling these requirements for the Native there is a very big crisis in our coun- and American families who are strug- American population. Yet we are will- try, primarily involving people to gling with their budgets. They do not ing to spend $50 billion on this foreign whom we have a trust responsibility, need additional liabilities, either in aid program. This trust responsibility why aren’t we prioritizing funding for terms of taxes or more debt, which includes public safety and drinking those projects? they and their children and grand- water. There are Federal Government According to the Indian Health Serv- children are going to have to pay. reports that identify needs in both of ice, safe and adequate water supplies Someone has to pay for the $50 billion. these areas. As a result, Senator THUNE and waste disposal facilities are lack- I do not know where the money is and I have an amendment which would ing in approximately 11 percent of going to come from. Are we going to designate $2 billion—$1 billion for pub- American Indian and Alaska Native take it from other spending? Not like- lic safety, $1 billion for drinking homes compared to 1 percent for the ly. Are we going to increase taxes to water—for Indians on reservations. Is U.S. general population. In some areas pay for it? Quite conceivably. Or are we that too much to ask, out of $50 billion, of Indian country the figure is as high going to add it to the deficit? That is that we take $2 billion and authorize as 35 percent. In Arizona, the Navajo the only other choice. programs for public safety and water Nation estimates that approximately So $50 billion does not grow on trees. development on Indian reservations? 30 percent of the households on the res- It is very easy to be generous with To me, this would be a better ervation do not have direct access to a other people’s money. But we are talk- prioritization of funding. public water system and are forced to ing about the taxpayers’ money. I I mentioned reports. There is a 2004 haul water long distances to provide think, when we are taking about tax- report by the Department of Interior drinking water. I have seen it. They

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6638 CONGRESSIONAL RECORD — SENATE July 14, 2008 have water trucks, and they fill them Mr. DURBIN. Mr. President, I would $700 billion that could have been spent at some central location. They come to like to respond to the Senator from Ar- for curing diseases, dealing with Native another central location. People drive izona. I don’t quarrel with his premise Americans in the United States, ex- up in their pickup trucks and fill their that we need to spend a lot more panding education, expanding health gallon jugs and barrels, take them money when it comes to Native Ameri- care and clinics in our own country, back to their hogans, and so on. That is cans. Senator BYRON DORGAN tried val- more medical research. Instead, we in the United States today. If we have iantly for months to bring Indian have been shoveling this money as fast decided that we can afford to spend $50 health care to the floor. He ran into a as we can out of our Treasury into Iraq billion on something, starting with a lot of obstacles. I think all of us be- and making it part of our permanent $15 billion AIDS program, then why not lieve when it comes to Native Ameri- national deficit. That is the reality of double that to $30 billion, as the Presi- cans, there is a lot more we need to do. what we face. dent originally proposed, and spend But it strikes me as fundamentally un- It is hard to imagine that Iraq, an some of the rest of the money on Amer- fair to argue that money should be oil-rich country, one of the richest in ican requirements? taken from fighting a global epidemic the world with oil, is still waiting on This lack of a reliable potable water of HIV/AIDS, the problem of tuber- U.S. taxpayers to spend more money to supply in Indian country results in a culosis and malaria, and divert that help them out of the current problems high incidence of disease and infection money and put it into help for Native they face. It is time for the Iraqis to as a result of waterborne contami- Americans. step up and defend their own country, nants. IHS estimates that for every Has America reached that point? Is govern their own country, and spend dollar it spends on safe drinking water that what the choices have come to, their own money on their own prob- and sewage systems, it achieves a that we cannot join the world in trying lems. twentyfold return in terms of health to stop this global AIDS epidemic to After almost 6 years, it is overdue. If benefits. The cost to provide American the extent we know is necessary? they do that, there would be a lot more Indians and Alaska Natives with safe If there is anyone who believes that money in the United States for our pri- drinking water and adequate sewage is the $50 billion over 5 years suggested in orities. A strong America begins at estimated to be over $2.3 billion. Deliv- this bill is adequate to the challenge, home. It begins by bringing this war to ering water to the people within the they haven’t sat down to take an hon- an end, bringing our combat troops tribe would be several billion on top of est look. This is indeed a global epi- home. When we have suggestions from the that. demic. There are parts of this bill that These are priorities in the United have been criticized by some. I would Iraqis that it is time for America to States. I wouldn’t be raising it except like to address one of them. It is the leave, I think we ought to take them. for the fact that there seems to be an argument that somehow we have gone We ought to start bringing our brave assumption that we can afford to spend adrift. We are no longer talking about men and women, who have risked their lives, home to the hero’s welcome they $50 billion. My point is, if we can afford prevention and medication, but we are deserve. Waiting for another 10, 20, 50, to spend $50 billion, let’s at least take talking about unrelated elements. One or 100 years, as some have suggested, is a little bit of that money and spend it criticism is that this bill addresses the ludicrous. The United States cannot af- on Americans. global AIDS epidemic in terms of food ford it, and it is no favor to Iraq to cre- In conclusion, I supported PEPFAR and water. I can tell you point blank when it was authorized 5 years ago. Be- ate that kind of long-term dependency. that the best medicine in the world is I sincerely hope we can resolve this. cause of its success, I would vote to ex- no help to a person who is suffering I hope we can pass the President’s bill. tend the original funding policy for an- from malnutrition or a person whose I support it. I hope there is adequate other 5 years. I would even consider the water supply is contaminated, making bipartisan support. Then when Senator doubling which the President had them sick when they take the expen- KYL and others come forward and ask asked for in his State of the Union sive drugs. us to find money to help Native Ameri- I have seen it in Africa, where people speech. For the United States to have cans, they can count on many of us on the resources to continue funding U.S. receiving the antiretroviral medica- the Democratic side. Government responsibilities both to tions are wasting away because of mal- Mr. KYL. Will the assistant minority our citizens and to be generous with nutrition. We can’t save their lives leader yield for one quick point? others around the globe, we need a from starvation simply by stopping the Mr. DURBIN. Of course. strong economy that creates wealth. I onset of HIV infection. So we need, if Mr. KYL. Having mentioned my can think of a lot of things we could do we are going to do this honestly, to name and alluded to the fact that we with part of this $50 billion to improve take a serious and comprehensive look had a hard time getting the Indian our economy so that we will be better at the challenge. health bill to the floor, I hope my col- able to help others in the future. I have This is a rarity in a way, that the league would acknowledge the fact discussed some of them. I will continue Members on the Democratic side and that one of the people central in get- to work to improve this bill. It will the overwhelming majority on the Re- ting that bill to the floor and getting it take some time in this body, but I publican side are of one mind. We sup- passed was the Senator from Arizona. think it is worth moving forward. port the President. The President was It was because of my strong commit- I hope we will be able to move for- right when he initiated the PEPFAR ment to get that done. I will work with ward on the 10 amendments we have Program to deal with global AIDS and anybody, not only to deal with the In- agreed to. I won’t describe all of the the global fight to address those coun- dian health matter but also local law amendments. They have been de- tries that are not part of PEPFAR. But enforcement and the water develop- scribed. One of them I have mentioned we need to come together now and try ment problems that we talked about Senator THUNE and I will offer. I hope to pass this bill for the President and, with Native Americans. I know my col- we will have a process by which we more importantly, for those who are league understands that is my position. consider these things; that my col- the victims of this global epidemic. Mr. DURBIN. There is no question of leagues will be open to their adoption, I will be the first in line when Sen- the Senator’s sincerity. Senator DOR- and at the end of the day, when we do ator KYL offers his amendment to help GAN tried to lead the fight on this side, pass a PEPFAR bill, it will be a bill we those Native Americans who are being and Senator KYL was a great help in can all be proud of that will meet the shortchanged and deprived because of that regard. Let the record be clear. If purposes of the original legislation, our inadequate funding. But at the risk there is to be future help for Indian that will not waste American taxpayer of being slightly political for a mo- Health Services and other Native dollars, and that will prioritize Amer- ment, were we not fighting a war in American needs, I am certain the Sen- ican needs as well as those with respect Iraq that costs $10 billion to $15 billion ator from Arizona will be part of that to foreign aid programs. a month, there would be a lot more to effort. I yield the floor. spend in America. That war, which is I suggest the absence of a quorum. The PRESIDING OFFICER. The as- now in its sixth year, with no end in The PRESIDING OFFICER. The sistant majority leader. sight, has drained our Treasury of over clerk will call the roll.

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6639 The assistant legislative clerk pro- treat on its mandated treatment pri- people on treatment—a pretty ceeded to call the roll. ority. underwhelming figure that meant add- Mr. COBURN. Mr. President, I ask Take it out of the law, and despite all ing only 1 million people on PEPFAR unanimous consent that the order for the rhetoric and good intentions, it treatment rolls. That 1 million would the quorum call be rescinded. will always be easier to fund something have been a 50-percent increase in re- The PRESIDING OFFICER. Without else. Maybe treatment would not have sults, while funding was more than tri- objection, it is so ordered. been eliminated, but it would have pling in the bill. Mr. COBURN. Mr. President, I ask taken a back street, maybe by small Some have argued that this funding unanimous consent that I be allowed to cuts, by not building new clinics in the includes a lot of other things besides speak in morning business for approxi- harder places, by letting the shortage AIDS and so you cannot make that mately 10 to 12 minutes. of doctors become an excuse to not get comparison. That is just not true. The The PRESIDING OFFICER. Without creative. The commitment to treat- original bill included malaria, it in- objection, it is so ordered. ment would have eroded over time, and cluded TB, and it included the Global Mr. COBURN. Mr. President, I have before we knew it, PEPFAR would Fund. So it is an apples-to-apples com- supporting material related to have become just another failing for- parison to say that the funding for PEPFAR that I will ask to be printed eign aid program like so many others. AIDS, TB, malaria, and the Global in the RECORD, which I will deliver to It does not matter what people say Fund was $15 billion the first time this the desk. their intentions are, because people bill was authorized and that then, in PEPFAR’s unique contribution has come and go and promises are hard to this bill, $50 billion is authorized for been treatment. By any measure, keep. What matters is what the law re- those same things at this time. PEPFAR has been a success. We have quires, and so it is encouraging to be That is a tremendous amount of money, and the targets for what we ex- helped almost 2 million people with able to assure the American people pect to achieve with that money must AIDS live longer. We have prevented today that PEPFAR’s unique innova- go up at the same rate the funding goes millions of new infections. We have tion—cutting-edge HIV/AIDS medical up. The compromise language appro- cared for millions of people more. And care—has been preserved in this bill. priately links the target number to ap- we have prevented hundreds of thou- For that, there are a lot of people to propriations. As the funding goes up sands of babies—newborn children— thank, starting first with the President from the current funding level, the who were born to infected moms from and his staff, who first reached out to treatment target has to go up by the being infected with the HIV virus. try to broker this critical compromise. same percentage above the current PEPFAR was different from all our Of course, the bill managers, Chairman goal of 2 million people. That means previous efforts precisely because we BIDEN and Senator LUGAR, and their that if all the money authorized in this treated it like a disease rather than a staff were patient, constructive, and bill is appropriated, the number of peo- development problem. We ran it like a deserve all the thanks in the world. ple treated will exceed more than 5 medical program and not a foreign aid They were quick, thorough, honest, poverty program. Rather than funding million. Those extra millions of lives and at all times operated in good faith. saved are a major accomplishment of the usual beltway contractors who like Senators ENZI and BURR and their staff the Senate bill. Those are lives. Those to write reports, give advice, and con- were incredible to work with, and their are individuals who would otherwise vene meetings, we put pills in the commitment to this cause is commend- succumb to HIV. hands of doctors, nurses, and a legion able. However, the formula does not end of community-based health care work- The compromise language has a num- there. Treatment costs per patient ers riding out to the bush on mopeds ber of critical features that make it right now are fairly high—anywhere with medicine in their backpacks. We worthy of passage. from $800 to $1,000 per patient. Some treated people with HIV like patients First and most important, the com- drugs are as low as $80 or at most we can save instead of victims. And we promise restores the critical focus of around $200 per person, so we are talk- told them the truth about where HIV PEPFAR on medical treatment. The ing 80 percent of the treatment costs comes from. House bill eliminated the provision in that are not being spent on direct med- If you go to Nairobi or Soweto or current law that required that 55 per- ical care now. That 80 percent rep- Kampala and ask people what PEPFAR cent of all funding go to ‘‘therapeutic resents overhead and infrastructure is about, they will tell you it is about medical care’’ of people with HIV. The which should be reduced over time as treatment. Have we spent billions on managers’ substitute preserves this the efficiencies are built in and clinics prevention? Yes. But ask anyone in Af- focus by requiring that ‘‘more than are expanded. rica what PEPFAR is, and they will half’’ of the money goes to that med- To account for that, the compromise say: It is about HIV and AIDS treat- ical care. This time, the law will also language also requires that the target ment. It was AIDS treatment that was clarify what was meant by ‘‘thera- number for treatment increases by the the innovation of PEPFAR. We had peutic medical care,’’ so that there is same percent that cost-per-patient de- been funding prevention messages long no longer any confusion that this creases over time. This ensures that before we had PEPFAR, although cer- treatment money can be spent on the cost savings are reinvested right tainly not to the extent as we did after ARV—antiretroviral—treatment, care back into treatment rather than di- PEPFAR started. But what was new, for opportunistic infections, and med- verted to other activities. what was miraculous, what rocked Af- ical monitoring of folks who do not yet Another key element of the com- rica, was the medical treatment. need antiretroviral therapy. promise is the protection of PEPFAR And it has worked. It was not easy. Prioritizing treatment is not a rad- patients from substandard medicines. With a tiny staff, the AIDS coordinator ical policy. It is the same policy we From the earliest days of PEPFAR, achieved the impossible—what many have right here in the United States. In there were some calling for the United had said could not be done—bringing this country, this year, we are spend- States to buy cheap, copycat drugs for high-tech medical innovation to the ing 63 percent of all domestic AIDS PEPFAR patients, including drugs that lowest tech settings on Earth. It is still funding on treatment and 14 percent on were not approved by the FDA or any just as hard today as it was then, espe- prevention. Prevention is cheap, so you other rigorous regulatory body of any cially as we start in new countries. can still make prevention a big pri- country. These are drugs we would The path of least resistance is always ority without spending nearly the never treat our domestic patients with the status quo: contractors and ‘‘social money necessary for treatment. here in the United States. This is no marketing’’ and reports and ‘‘technical The substitute also restores an ambi- abstract threat. Today, under the Or- assistance’’ and ‘‘capacity building’’ tious target linked to funding. The wellian named ‘‘quality assurance’’ and meetings. Without statutory man- original law had the 55-percent alloca- process at the Global Fund, American dates, that path will always look more tion, but it also had an ambitious tar- dollars may be used to purchase drugs appealing to people who have been get of treating 2 million people with that have met no standard except that asked to do the impossible. That is why antiretroviral drugs. The House-passed they have been put on an application PEPFAR reauthorization could not re- reauthorization only targeted 3 million for a WHO prequalification.

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6640 CONGRESSIONAL RECORD — SENATE July 14, 2008 When this conflict arose shortly after FROM GOOD INTENTIONS TO BAD AIDS POLICY: AIDS Coordinator some idea how to balance PEPFAR was first authorized, the THE MORAL HAZARDS OF REDESIGNING the competing ends of the bill. The next sec- President rightly insisted that we PEPFAR tion, which actually allocated the funds, (By Daniel Patrick Moloney) made the first two elements of this non- would not treat the African AIDS pa- binding resolution into binding spending re- tients like lab rats or guinea pigs. We The President’s Emergency Plan for AIDS quirements. Though it did not make binding would treat them with the same stand- Relief (PEPFAR) has received praise from that 20 percent be spent on prevention, it did across the political spectrum, both for its require that one-third of funds spent on pre- ards we treat American patients: They principles and for its successes in fighting would only receive drugs with FDA ap- vention be spent on programs that promote HIV/AIDS in some of the world’s poorest abstinence outside of marriage and fidelity proval or equivalent. To help expedite countries. Announced by President George within it. By requiring that the money be the approval of some international W. Bush in the 2003 State of the Union Ad- spent according to these specific percent- products that were likely safe and ef- dress, PEPFAR fights HIV/AIDS primarily in ages, rather than authorizing particular dol- fective but had not been through the countries with generalized epidemics. These lar amounts, the law ensured that its prior- FDA process, the President established countries are mostly, though not exclu- ities would always be implemented in the sively, in Africa. an emergency review process to speed same proportions, even were Congress later PEPFAR’s successful track record is a re- to appropriate funds at amounts different up approval while still ensuring that sult of its focus on three points: than the law had authorized. PEPFAR patients get the same stand- Treating those infected with HIV, The law required that PEPFAR deliver aid ard of care we expect for our domestic Preventing new HIV infections, and through bilateral arrangements with each of patients. Since then, others have gen- Ensuring, through bilateral programs, that the partner countries, rather than through erally agreed that all appropriate safe assistance is in accord with U.S. policy. multilateral organizations. This procedural Bills under consideration in the U.S. House safeguard gave the U.S. its best opportunity and effective drugs make it through and Senate (H.R. 5501 and S. 2731) represent to make sure the funds were spent on its pri- this new process with proper and direct significant departures from the current law. orities. It was consistent with the Presi- speed. These bills are hugely expensive, and would dent’s belief that welfare and aid programs In direct contradiction of this more take existing U.S. policy off its present, suc- work best when they support civil society, cessful course. rather than supplant it with an international moral approach, the House bill took bi- Rather than simply reauthorizing bureaucracy. lateral PEPFAR programs down the PEPFAR, Congress seeks to rewrite it, vast- The bills in the House and the Senate un- same scary path that the Global Fund ly expanding funding while removing struc- dermine these principles. They set goals too has gone. It required that PEPFAR tural guidance that stipulates how it is ap- low for their budgets, remove most of the purchase the cheapest drugs available portioned. The structure of the original spending mandates under the guise of ‘‘flexi- PEPFAR law was essential for keeping it fo- bility,’’ and add radical new agendas on on the world market, without requiring which the unstructured and abundant funds any standard of safety and efficacy. cused on its prevention and treatment objec- tives. The congressional bills fail to do this. are to be spent. Under such a provision, African pa- Both more than triple the $15 billion cost of Funding Should Fit Program Goals. In tients would have been treated worse the original program, yet neither adjusts the asking Congress to reauthorize PEPFAR for than lab rats—receiving drugs that the targets of the program to reflect this in- the next five years, the Bush Administration United States would never use for its crease. Instead, both propose to spend tens of sought to increase the budget by 100 percent billions of dollars on projects not directly re- to $30 billion over five years. However, the patients, never purchase through Med- President sought to increase its goals by a icaid, Medicare, or the Ryan White lated to the fight against HIV/AIDS. This proposed spending duplicates existing pro- mere 20 percent to 70 percent (depending on Care Act. grams, and diverts resources into social engi- the criterion) over that period. Some Mem- The bill managers are to be com- neering projects at odds with the values of bers of Congress have complained that the Administration’s goals are too low to justify many Americans. mended for modifying this provision in doubling the funding. They note that the To achieve PEPFAR’s goal, policy must their substitute to require that drugs program is on track to meet its original continue to be guided by strong require- purchased by PEPFAR have FDA ap- goals of 2 million treated, 7 million infec- ments that will direct funding toward effec- tions prevented, and 10 million people in proval or its equivalent in other devel- tive prevention and treatment strategies, care, while staying close to its original budg- oped countries. We can all breathe a rather than a diffuse set of general develop- et of $15 billion–$18 billion. Given such a his- little easier as we seek to put 5 million ment goals. tory, the Administration’s moderately in- From Good Intentions to Good Policy: The people on ARVs. We want those 5 mil- creased goals should require only moderately Original Design of PEPFAR. As proposed by lion people to thrive as long as possible increased funding, particularly now that so President Bush in 2003, PEPFAR was built on first-line drugs before they experi- much early infrastructure has been laid in around three priorities: the focus countries and some efficiencies of ence a treatment failure. You should Providing medicine to treat those who not be relegated to unsafe drugs just scale may be expected. have HIV/AIDS in those countries where the The Administration defends its lower goals because you are poor and living in Afri- disease affects the general population, on the grounds that they are realistic given ca. Funding local programs that aim to pre- local infrastructure. It also notes that its vent new HIV infections, and proposed goals represent a U.S. commitment There are quite a few other improve- Providing palliative care to those suffering ments in this substitute bill that the to treat a number of people equal to the from HIV/AIDS, including children orphaned commitment of all other aid-donor nations managers and the President helped to as a result of HIV-infected parents. combined. For the U.S. to treat more would broker, but I will not take any more To justify its ambitious agenda and $15 bil- not demand enough of the world community. time. Suffice it to say that most of my lion price tag, the original law used three It also expresses doubts that in 2013 there outstanding concerns have been met structural features to keep the program fo- will be as many people to be treated in the through our negotiations, and I am cused on its priorities: ambitious targets, focus countries as some of its critics predict. spending requirements, and an emphasis on confident that PEPFAR’s success in If the Administration’s request is dis- bilateral agreements. proportionate to its goals, the bills in the the future is no longer in jeopardy. The law set ambitious targets for the num- House and the Senate are even more so. Both PEPFAR was not broken. It did not ber of people in its treatment, prevention, bills add an additional $20 billion to the need fixing. It just needed reauthoriza- and care programs. These goals were so am- President’s request—more than the entire bitious that they could not be met were the tion. The managers’ substitute does first five years of the program—while barely money lost to waste or corruption, or simply changing the Administration’s that. I am confident that lives are diverted to other development activities not underwhelming new goals. The bills author- going to be saved because of the good directly providing treatment, care, or pre- ize up to $9 billion to fight other diseases faith in the bill and of the bill man- vention of HIV/AIDS. common in Africa (i.e., tuberculosis and ma- agers and the President and my other The law also provided strong guidance so laria), and they authorize billions more in colleagues who are associated with it. that the money would be spent in proportion contributions to the Global Fund to Fight to the law’s priorities. It did this in two dis- AIDS, Tuberculosis, and Malaria. After tak- Mr. President, I ask unanimous con- tinct but related sections of the law. The ing all these into account and after assuming sent to have the supplementary mate- first, a ‘‘Sense of Congress’’ resolution, de- full funding of the bills’ priorities, the Con- rial I referred to printed in the RECORD. clared that 55 percent of the funds should be gressional Budget Office concluded that the spent on medicine and treatment, 10 percent bills would still have at least $15 billion left There being no objection, the mate- on orphans and children affected by HIV, 20 over. To date, no one in either chamber has rial was ordered to be printed in the percent on prevention programs, and 15 per- adequately explained what will be done with RECORD, as follows: cent on palliative care. This gave the Global the ‘‘extra’’ billions.

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6641 Congress could improve the fit between public health policy should not enable such Prevention efforts may prevent new infec- PEPFAR’s funding and its goals by making high-risk behavior but seek to end it. In a tions, and therefore prevent FUTURE treat- the latter more ambitious. For example, clear policy reversal, the proposed legisla- ment need, but prevention efforts do nothing Senators Tom Coburn (R–OK), Jon Kyl (R– tion strips out the original commitment to to abate the treatment need in the next 5 AZ), Saxby Chambliss (R–GA), and Richard eradicate prostitution, and makes PEPFAR years, which is the time period the reauthor- Burr (R–NC) have introduced S. 2749, the dollars available to activities intended to ization bills address. Save Lives First Act of 2008. This bill would make illicit drug use ‘‘safer.’’ Not coinciden- Treatment need is determined by numbers set PEPFAR’s treatment goal at providing tally, it also allows PEPFAR to expand to infected 5–10 years ago. HIV/AIDS treatment and pre-treatment med- include more focus countries in Europe and This argument is like going into a post- ical monitoring to 7 million people, about Asia where the epidemics are concentrated Katrina New Orleans and spending most of one-half of them in sub-Saharan Africa—an among prostitutes and drug users. the relief funds on building better levies to increase from 3 million in the House and The bills would also commit the U.S. to al- prevent a future disaster rather than res- Senate bills. It would also reinstitute the tering the relations between men and women cuing the people waving frantically on roof- provision in current law allocating at least in developing countries to reflect the values tops for help. 55 percent of all PEPFAR funds to treat- of Western gender activists. The bills en- Obviously both need to be done, but no one would claim that it was somehow more hu- ment. To treat that many people is esti- courage U.S. intervention on sensitive cul- mane to focus more effort and funding on the mated to cost between $8.4 billion and $11.5 tural topics that are not scientifically dem- future prevention than the immediate hu- billion. onstrated to have direct impacts on rates of manitarian disaster. Higher goals require more money, but the HIV/AIDS morbidity or mortality, but very draft bills’ proposed goals for treatment, pre- Treatment, is prevention. Treatment pre- well might offend those whom U.S. policy is vents new infections several ways: vention, and care are not by themselves high designed to help. Whatever merits these pro- enough to justify even the Administration’s It requires dramatic scale-up of diagnostic visions might have as aspirations, they were screening—meaning we will identify most in- $30 billion price tag. Activities extraneous to not in the original bill, they would do noth- the original program are likely to make up fected people. ing to stop the AIDS emergency in sub-Saha- It will give us the opportunity to do edu- the difference. Whether Congress decides to ran Africa, and they would commit the U.S. cation and prevention messaging with the increase PEPFAR’s treatment goals along to agendas that are likely to be unpopular in people who are transmitting HIV rather than the lines of the Save Lives First Act, or partner countries. wasting money on mass media campaigns whether it sticks with its current goals, a $50 Conclusion: Compassionate Aid Is Effective targeting mostly uninfected people. Nobody billion budget would still include extra bil- Aid. The three structural features of the ever got HIV from someone who wasn’t in- lions likely to be spent on purposes irrele- original law—ambitious targets, spending re- fected with HIV. vant to PEPFAR. straints, and an emphasis on bilateral agree- It identifies pregnant women with HIV so ‘‘Flexibility’’ Means Blank Check Worth ments—have helped PEPFAR stay on target. that their babies can be saved from infec- Billions. The original PEPFAR law con- In the process, the U.S. has created a strong tion. tained binding requirements that 55 percent precedent for combating HIV/AIDS in poor It lowers viral load. There are quite a few of all funds be spent on medical treatment, countries with generalized epidemics. studies out now showing that reduced viral and 10 percent on orphans and vulnerable PEPFAR’s commitment to abstinence and fi- load dramatically reduces the transmission children. It further required that 33 percent delity programs, which was and is still ridi- of the virus. of the prevention funds be spent on absti- culed by many activists and others, is now Myth: Flexibility—‘‘Earmarks’’ or ‘‘Allo- nence and fidelity programs. The spending recognized to have a measurable impact on cations’’ dictating how much money has to restrictions (except for that regarding or- HIV infection rates. be spent on a certain activity are too inflexi- phans) have been criticized, both by NGOs Rather than write a blank check to an ble and don’t allow countries to respond to that disagree with U.S. priorities, and by bu- unelected bureaucracy, Congress should re- their needs appropriately. reaucrats who implement the program. tain firm control over PEPFAR, which Fact: Both the House and the Senate strip out The allocations are not country-specific, touches on such delicate issues as sex, mar- these funding requirements for prevention they apply to the whole pot of money. If one riage, and the relations between men and and treatment. (The Senate bill even strips country needs to spend less money on treat- women. Congress should insist that PEP- out most of the nonbinding ‘‘Sense of Con- ment, there are other countries where treat- FAR retain its focus on preventing new HIV gress’’ resolutions of the original law.) The ment is particularly expensive and can use infections and treating those infected with House bill gives the Global AIDS Coordi- the extra. HIV/AIDS. PEPFAR should not duplicate the nator complete control over 55 percent of the Other donors such as the Global Fund can efforts of America’s other aid programs. funding, and the Senate bill writes a blank come in and fund other priorities for the Lawmakers should insist that the funds au- check for 90 percent of the funds. Beyond country—the American people are com- thorized and appropriated for PEPFAR will this, the bills provide some vague guidance, mitted to treatment being the priority for not support activities irrelevant to fighting but not hard requirements, on how money PEPFAR. HIV/AIDS in countries with generalized will be spent. The Global AIDS Coordinator Public health has taught us how to control epidemics. Congress should authorize funds is left to prioritize the multiple goals and infectious disease and it doesn’t require for PEPFAR at a level appropriate to its agendas of the bills. flexibility. It requires a formula—find every New Funds and Radical New Agendas. The central goals. If Congress wishes to fund case, treat every case, work with every case proposed legislation expands the activities other activities, it should do so by increasing to find other cases and prevent transmission eligible for PEPFAR funding well beyond the the budget for other assistance programs to new cases. This doesn’t change no matter scope of the original program, offering some rather than diffusing PEPFAR’s focus. what the circumstances on the ground are. clues about how its ‘‘extra billions’’ could be America’s PEPFAR partners are waiting This argument is disingenuous—the other spent. Some of these new agendas are dupli- on congressional reauthorization before set- side only wants to eliminate the allocations cative of other foreign aid programs and are ting their own budgets, putting pressure on that take money away from beltway con- irrelevant to fighting HIV/AIDS. For exam- Congress to move quickly. Hasty passage of tractors—those for treatment and absti- ple, the legislation promotes micro-finance, the existing House and Senate bills, however, nence, because those contractors don’t do education, general health care, and food se- would not allow them to make their plans ei- treatment or abstinence. The other alloca- curity, among other new programs. ther, since so many funding decisions would tions have been left in the bill, and in fact, The bills also add a number of radical new still be left to the discretion of the Global new ones added in the House version. You agendas that change the focus of PEPFAR, AIDS Coordinator in the next administra- can’t simultaneously criticize allocations are at odds with the values of many Ameri- tion, and subject to the annual appropria- but add in new ones. Myth: Drug prices have gone down so we cans, and trample on the cultural values of tions process and the lobbying of NGOs. With don’t need to reserve as much for treatment the partner countries. For example, the bills lives at stake, strategic efficiency and effec- costs anymore to meet our treatment tar- before Congress make it U.S. policy to teach tiveness are paramount. Ambitious goals, clear spending directives, and a reassertion gets. safer drug-use techniques to injection drug Fact: users, and safer sex techniques to pros- of successful U.S. policies will maintain the structure and proportion that have leveraged If it’s now cheaper than expected to meet titutes, injection drug users, and men who targets, then we should raise our targets to have sex with men (MSM). The original law Americas generous intentions into a highly effective policy. save and treat more people. We only are made no special provisions for outreach to treating a small fraction of people in need of these populations, reflecting the fact that in- treatment in the developing world. MYTHS V. FACTS—RE: GLOBAL AIDS fections among these risk groups are mar- Myth: Eliminating baby AIDS is unreal- LEGISLATION (PEPFAR) ginal to the generalized epidemic in sub- istic. Saharan Africa, as opposed to the epidemics Myth: ‘‘We Can’t Treat Our Way Out of Fact: concentrated among these groups in coun- This Epidemic.’’ Dramatic gains are seen when universal tries such as Russia and Thailand. Where it Fact: testing of pregnant women and newborns is did mention them, the original law sought to We have to walk and chew gum—we must provided and appropriate prophylaxis of in- eradicate prostitution and to encourage in- prevent future infections but we must re- fections that are identified through that jection drug users to stop, recognizing that spond to the desperate and dying TODAY. testing.

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6642 CONGRESSIONAL RECORD — SENATE July 14, 2008 In states in the U.S. that have adopted this distinguished Republican leader, unless amendment be set aside, and I call up standard of care, new cases have been vir- there is something I do not understand amendment No. 5077 for its immediate tually eliminated. that comes up untoward, we are going consideration. In Botswana, a country that used to have to have all those 10 amendments de- The PRESIDING OFFICER. There is HIV infection rates as high as 50% of child- bearing-aged women, they instituted these bated and voted upon. And I indicated no pending amendment. policies. Now 92% of pregnant women are to the Republican leader that there The clerk will report. being tested, and the drop in HIV+ mothers will be no cloture filed unless he thinks The assistant legislative clerk read delivering infected babies dropped from 35% it is appropriate. And if he does not as follows: to 4% from 2004–2007, with 13,000 HIV-infected want his fingerprints on it, I will do it The Senator from South Carolina [Mr. moms being identified annually. on my own, but he will be closely ad- DEMINT] proposes an amendment numbered A recent study, the largest to date, just vised of anything we do in that regard. 5077. came out with findings that 99 percent of ba- The PRESIDING OFFICER. The Re- Mr. DEMINT. Mr. President, I ask bies were born uninfected if an infected unanimous consent that the reading of mother was diagnosed and proper treatment publican leader is recognized. was administered. Mr. MCCONNELL. Mr. President, let the amendment be dispensed with. However, a World Health Organization re- me just say to the majority leader, this The PRESIDING OFFICER. Without port found that access to AIDS drugs is se- is a good way to go forward. This con- objection, it is so ordered. verely limited in developing countries, with sent agreement was rather painfully The amendment is as follows: fewer than 10 percent of pregnant women achieved last week, and I am glad to (Purpose: To reduce to $35,000,000,000 the with HIV in those countries having access to hear his representation that we will amount authorized to be appropriated to medication. vote on the 10 amendments. I think all combat HIV/AIDS, tuberculosis, and ma- As a result, about 1,800 babies become in- of our Members are more than happy to laria in developing countries during the fected with HIV each day. Prevention of next 5 years) mother-to-chi1d-transmission (PMTCT) is have short time agreements, process the amendments, and move on. On page 130, line 1, strike ‘‘$50,000,000,000’’ cheap per life saved: Estimated cost of and insert ‘‘$35,000,000,000’’. PMTCT drugs to support treatment of (1) Mr. REID. Mr. President, on behalf of AMENDMENT NO. 5078 mother/child pair is US$167 (generics) and Senators BIDEN and LUGAR, I call up US$318 (branded). the managers’ amendment, which Sen- Mr. DEMINT. Mr. President, I call up amendment No. 5078 and ask for its im- We haven’t even come close to meeting the ator LUGAR was on the floor wanting to need in PEPFAR focus countries. do earlier today, but because of issues mediate consideration. Estimated 1.15 million pregnant women The PRESIDING OFFICER. The he was unable to do that. So this is the with HIV/AIDS living in PEPFAR countries. clerk will report. substitute amendment. In 2006 PEPFAR proved ARV Prophylaxis The assistant legislative clerk read to only 294,000 (25.5%). f as follows: And now PEPFAR is expanding beyond the focus countries to other countries—the need CONCLUSION OF MORNING The Senator from South Carolina [Mr. just will keep growing: BUSINESS DEMINT] proposes an amendment numbered Estimated 2.1 million pregnant women es- The PRESIDING OFFICER. Morning 5078. timated to be living with HIV/AIDS in devel- business is closed. Mr. DEMINT. I ask unanimous con- oping countries (1.7 million in sub-Saharan sent that the reading of the amend- f Africa ¥85%). ment be dispensed with. Of the estimated 2.3 million (1.7–3.5 mil- TOM LANTOS AND HENRY J. HYDE The PRESIDING OFFICER. Without lion) children under the age of 15 years living UNITED STATES GLOBAL LEAD- objection, it is so ordered. with HIV, well over 90% are thought to have ERSHIP AGAINST HIV/AIDS, TU- The amendment is as follows: become infected through mother-to-child BERCULOSIS, AND MALARIA RE- transmission. (Purpose: To limit the countries to which AUTHORIZATION ACT OF 2008— Federal financial assistance may be tar- Mr. COBURN. Mr. President, I yield Continued geted under this Act) the floor. The PRESIDING OFFICER. The re- At the appropriate place, insert the fol- The PRESIDING OFFICER. The ma- lowing: jority leader is recognized. ported committee amendment is with- drawn. SEC. ll. FUNDING LIMITATION. f Notwithstanding any other provision of AMENDMENT NO. 5075 this Act, amounts authorized to be appro- ORDER OF PROCEDURE (Purpose: In the nature of a substitute) priated under this Act may only be targeted Mr. REID. Mr. President, I ask unan- The clerk will report the amendment. toward those countries authorized for fund- imous consent that during the pend- The assistant legislative clerk read ing under the United States Leadership ency of the PEPFAR matter, there be as follows: Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108–25). no motions to proceed in order. The Senator from Nevada [Mr. REID], for The PRESIDING OFFICER. Is there Mr. BIDEN, for himself and Mr. LUGAR, pro- AMENDMENT NO. 5079 TO AMENDMENT NO. 5078 objection? poses an amendment numbered 5075. Mr. DEMINT. Mr. President, I send a Without objection, it is so ordered. (The amendment is printed in today’s second-degree amendment to the desk f RECORD under ‘‘Text of Amendments.’’) and ask for its immediate consider- The PRESIDING OFFICER. Under ation. ORDER OF BUSINESS the previous order, the substitute is The PRESIDING OFFICER. The Mr. REID. Mr. President, in this agreed to and the bill will be treated as clerk will report. body, both sides need to exercise good original text for the purpose of further The assistant legislative clerk read faith. I appreciate very much what the amendment. as follows: distinguished Republican leader has The amendment (No. 5075) was agreed The Senator from South Carolina [Mr. been able to work out in the last cou- to. DEMINT] proposes an amendment numbered ple hours. We are going to do our very Mr. REID. I suggest the absence of a 5079 to amendment No. 5078: best. This is a very difficult time we quorum. At the end of the amendment, strike the find ourselves in in our country. We The PRESIDING OFFICER. The period and add a comma and the following: clerk will call the roll. ‘‘and shall not be made available to such have housing matters for which I have countries, or other countries through the had three calls today from the Sec- The assistant legislative clerk pro- Global Fund to Fight AIDS, Tuberculosis retary of the Treasury, and he does not ceeded to call the roll. and Malaria, for any organization or pro- call me very often. It is a very serious Mr. DEMINT. Mr. President, I ask gram which supports or participates in the situation we have with housing. We are unanimous consent that the order for management of a program of coercive abor- trying to get the House to do what we the quorum call be rescinded. tion or involuntary sterilizations.’’ think is right for this country. We The PRESIDING OFFICER. Without Mr. DEMINT. Mr. President, I rise know the energy issue is right for our objection, it is so ordered. today to speak against this foreign aid trying to do something. AMENDMENT NO. 5077 bill and in favor of a couple of amend- So, Mr. President, I am going to do Mr. DEMINT. Mr. President, I ask ments that will restore some integrity my very best. I have expressed to the unanimous consent that the pending to it.

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6643 I wish to make it clear that I believe laria will be siphoned off for other cording to the Washington Times, he this legislation aims to do something things authorized in this bill, none of told reporters: very important. A lot of people are suf- which are directly related to the pre- While we’re fiddling around here on this in fering in Africa with AIDS, and the vention or treatment of these three Washington, people are dying. This is big- President’s Emergency Plan For AIDS diseases. For example, the bill author- time stuff, this is very important to one Relief—or PEPFAR, as we call it—is izes the expenditure of funds to provide whole continent. designed to provide treatment and pre- legal services, empower women, ensure I agree with him, but the bill he has vention assistance to those in need. safe drinking water and sanitation, brought up spreads money to more This is a program I voted for in 2003, provide treatment for alcohol abuse, than three continents beyond Africa. If and it is something I think every and address the inheritance rights of we are going to spend this kind of American would consider a worthy women and girls, and study transpor- money, we need to be honest about cause. But the simple fact is, we can- tation patterns, just to name a few. In what we are spending it on. This bill is not afford every worthy cause around addition, some of this $35 billion would supposed to be about the treatment of the world. Our budget is broken and be siphoned off to build an even larger AIDS, tuberculosis, and malaria in Af- our Nation is headed toward financial bureaucracy here in the United States. rica. The cost of this program will only collapse. Yet this bill spends $50 bil- One U.S. aid worker in Africa said: continue to increase dramatically if we lion, which is more than a 300-percent We spend 4 months writing our Country continue to allow funds to go to other increase over the original $15 billion Operation Plan only to send it to Wash- countries. authorization. None of this money is ington and have it rewritten without our I have also offered a second-degree input. paid for. Instead, it is all borrowed amendment to prevent American tax- money. It passes the bill on to our chil- Four months of effort for no reason payers from having to support forced dren and grandchildren. This is not certainly sounds like a waste of effort, abortions around the world. My amend- generosity; I am afraid it is thievery. and it diminishes our success. ment simply says that none of the So we have conflicting goals. On one Unfortunately, as we have all seen funds in this bill may be awarded to hand, we want to help people suffering around here, the bigger the pot of any organization or program which in Africa. On the other hand, we want money gets, the more waste and fraud supports or participates in the manage- to balance our budget and prevent peo- we have, and accountability com- ment of a program of coerced abortion ple from suffering in America. As Ron- pletely disappears. If we really care or involuntary sterilization. ald Reagan said, ‘‘America is a great about those suffering from AIDS, we In addition to the things I described Nation because America is a good Na- need to ensure that as many dollars as before that fall outside the stated pur- tion.’’ Americans have always prided possible reach the people who are truly pose of the bill, the provision of funds themselves on reaching out to people in need. The measure of America’s to organizations that perform and/or in need, and we should do so. However, greatness is not found in the amount of support coercive abortion in China is if we bankrupt our own country, we money we provide but in the effective- perhaps the worst. This not only kills will no longer be able to extend a help- ness of our efforts. innocent unborn children, it violates ing hand to others. That is why I am I encourage my colleagues to support the human rights of women in China. offering an amendment—this first my amendment. It saves $15 billion This bill authorizes $2 billion to the amendment, No. 5077—to reduce the without taking anything away from United Nations Global Fund in 2009 and spending in this bill from $50 billion to people who are hurting in Africa. Most designates such funds in the following 4 $35 billion. This would still provide a importantly, it restores some honesty years. This means that over the 5-year more than 100 percent increase over the and integrity to this bill. life of the bill, the United States will original program while maintaining Another problem with this bill is likely provide at least $10 billion to the some integrity to our budget process. that it expands the scope of this pro- United Nations Global Fund. The Senator from Kentucky, Mr. gram to new countries that were not Restrictions against funding forced BUNNING, has an amendment that part of the original program. The bill would reauthorize the program at cur- explicitly adds central Asia, Eastern abortions are in the current PEPFAR rent levels with no increase in spend- Europe, and Latin America to the list bill, but they do not apply to the Glob- ing. That is something I support be- of PEPFAR’s focused countries. The al Fund. We know that the Global cause at a time when we need to be bill also contains vague language ex- Fund has provided at least two large dramatically reducing the size and panding the program to other nations. grants in 2004 and 2006 to the various scope of government, just keeping the This is yet another example of the agencies within the Chinese Govern- program at its current spending levels dishonesty of Congress. We say this bill ment, including the National Popu- is generous. is about addressing AIDS in Africa, but lation and Family Planning Commis- My amendment would allow for the really it is about foreign aid all over sion, which runs China’s one-child-per- program to actually grow from $15 bil- the globe. The original program fo- family program. In fact, we have here— lion to $35 billion. This is still way too cused on countries that had wide- and I wish to submit them for the much money, in my opinion, but it spread, generalized epidemics, but this record—the grants themselves which would save American taxpayers $15 bil- bill allows the program to expand to a explicitly state that they were made to lion over the next 5 years, which is no number of new countries that have the various agencies within the Chi- small amount of money. Besides saving problems only in limited areas. We can nese Government, including the Na- Americans money, this amendment fix this problem with the bill by lim- tional Population and Family Planning would not actually take a thing away iting the list of focused countries to Commission. I have the number, which from people in Africa who benefit from those included in the original 2003 au- I would like to have printed in the this program. thorization. RECORD. One of these grants spent al- The fact is, this foreign aid program That is what my amendment does, most $59 million in 2004 and the second cannot spend $50 billion on its intended amendment No. 5078, and this is what it was over $11 million in 2006. purposes. According to the Congres- says: It is quite clear that my concerns about how funds can be used in the sional Budget Office, PEPFAR can only Notwithstanding any other provision of spend $35 billion over the next 5 years this Act, funds authorized under this Act Global Fund are real and serious. It is to meet the needs of those who are suf- shall be targeted only toward those coun- very obvious that unless we pass this fering. Our aid workers in many Afri- tries authorized for funding under the United amendment to clearly prohibit funds, can nations have said as much, and States Leadership Against HIV/AIDS, Tuber- they can and likely will be used by the their statements are backed up by the culosis, and Malaria Act of 2003. Chinese agency that carries out coer- Congressional Budget Office’s own esti- So we keep the program focused on cive abortions. mate of this budget. its original intent. Instead of working to ensure that the In reality, the money that cannot be Last week, the majority leader point- United Nations Global Fund does not spent to directly treat and prevent the ed out that the purpose of this bill is to provide grants to Chinese Government spread of AIDS, tuberculosis, and ma- specifically help people in Africa. Ac- agencies that force women to have

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6644 CONGRESSIONAL RECORD — SENATE July 14, 2008 abortions, the sponsors of the bill dou- been in the middle of New York’s ef- boats flipped over and sank, drowning all the bled the U.S. contributions to the forts after 9/11. As Peggy Noonan men. A British navigator went by in a dif- Global Fund to $2 billion. wrote, he is a model public citizen. ferent kind of boat. ‘‘He was standing up and The Bush administration has fought For the eloquence of his life and the he called out to my friend in a very jaunty British accent, ‘I say, fellows, which way is to prohibit funding to organizations eloquence of her article, I ask unani- it to Pointe du Hoc?’ That was one of the that perform or support coercive abor- mous consent that it be printed in the landmarks, and the toughest beach of all. My tions. In testimony before Congress on RECORD. friend yelled out that it was up to our right. February 17, 2005, Secretary of State There being no objection, the mate- ‘Very good!’ he cried out, and then went on Condoleezza Rice said: rial was ordered to be printed in the by with a little wave of his hand.’’ We have been outspoken with the Chinese RECORD, as follows: Closer to shore, a furious din—‘‘It was like about this terrible practice, and of course, as A DAY AT THE BEACH a Fourth of July celebration multiplied by a Secretary of State, I will enforce Kemp-Kas- (By Peggy Noonan) thousand.’’ By 6 a.m. they were 800 yards ten to make certain that we are not funding It was May 1944, and 22-year-old John from shore. All five boats of the squadron anything that remotely as related to these Whitehead of Montclair, N.J., an ensign on had stayed together. The light had bright- policies. the USS Thomas Jefferson, was placed in ened enough that John could see his wrist- I just do not believe that either the charge of five of the landing craft for the in- watch. ‘‘At 6:20 I waved them in with a hard administration or any Member of the vasion of Europe. Each would ferry 25 sol- chop of my arm: Go!’’ Congress could ever argue that we diers from the TJ, as they called it, onto the They faced a barrier, made a sharp left, ran should not do everything we can to en- shore of France. John’s landing site was to parallel to the shore looking for an opening, sure that American taxpayers’ money be a 50-yard stretch of shoreline dubbed Dog got one, turned again toward the beach. Red Beach. It fell near the middle of the sec- They hit it, were in a foot or two of water. does not go to the Chinese National tor called Omaha Beach which in turn fell in Population and Family Planning Com- The impact jarred loose the landing ramps to the middle of the entire assault. release the soldiers as planned. But on mission. The TJ sailed to Portsmouth Harbor, John’s boat, it didn’t work. He scrambled to Now, many of my colleagues may not which was jam-packed with ships. On June 1 the bow, got a hammer, pounded the stuck believe this because it is so outrageous, the Army troops arrived, coming up the bolt. The ramp crashed down and the soldiers gangway one by one. ‘‘They were very but it is true. Many outside groups sup- lunged forth. Some were hit with shrapnel as quiet,’’ John said this week. Word came on porting this bill don’t want anyone to they struggled through to the beach. Others June 4 that they’d leave that night, but they know about it because they don’t be- made it to land only to be hit as they crossed were ordered back in a storm. The next it. The stuck ramp probably saved John’s lieve we should do anything that re- morning June 5, the rain was still coming life. After he’d rushed forward to grab the stricts abortions—even those per- down, but the seas were calmer. Around 8 hammer, he turned and saw the coxswain formed against the will of the mother. that night, they cast off to cross the chan- he’d been standing next to had been hit and Even some people who oppose spending nel. The skies were dark, rain lashed the killed by an incoming shell. money on coercive abortions have been deck, and the TJ rolled in the sea. At mid- convinced to look the other way be- night they dropped anchor nine miles off the The troops of Omaha Beach took terrible cause they want this bill to pass. We French coast. They ate a big breakfast of fire. Half the soldiers from John’s five boats were killed or wounded. ‘‘It was a horrible cannot turn a blind eye to this problem eggs and bacon. At 2 a.m. the crew began lowering the Higgins boats—‘‘a kind of float- sight. But I had to concentrate on doing my with the bill. ing boxcar, rectangular, with high walls’’— job.’’ To make room for the next wave of My amendment is germane, it is al- over the side by crane. The soldiers had to landings, they raised the ramp, backed out, lowable under the unanimous consent climb down big nets to get aboard. ‘‘They turned around and sped back to the TJ. ‘‘I agreement, and I encourage all of my had practiced, but as Eisenhower always remember, waving hello to the soldiers in colleagues to support it. We need to said, ‘In wartime, plans are only good until the in-coming boats, as if we were all on make absolutely certain that American the moment you try to execute them.’ ’’ launches for a pleasure cruise. I remember families are not giving their hard- The Higgins boats pitched in the choppy thinking how odd that such, gestures of ci- water. The soldiers, loaded down ‘‘like moun- vility would persist amid such horror.’’ earned tax dollars to organizations taineers’’ with rifles, flamethrowers, radio Back at the TJ, he was told to take a sec- that force women in China and around equipment, artillery parts, tarps, food, ond breakfast in the wardroom—white table- the world to have abortions. water, ‘‘70 pounds in all’’—had trouble get- cloths, steward’s mates asking if he’d like I encourage my colleagues to support ting from the nets to the boats. ‘‘I saw a poor more. He thought it unreal: ‘‘from Dog Red these amendments. soul slip from the net into the water. He Beach to the Ritz.’’ He heard in the back- sank like a stone. He just disappeared in the I yield the floor. ground the quiet boom of the liberation of depths of the sea. There was nothing we The PRESIDING OFFICER. The Sen- Europe. Then back to a Higgins boat for an- could do.’’ So they boarded the boats on the ator from Tennessee is recognized. other run at the beach. This time the ramp Mr. ALEXANDER. Mr. President, I deck and hoisted them into the sea. It took John’s five little boats four hours lowered, and he got off. Dog Red Beach was saw the majority leader. I wonder if he to cover the nine miles to the beach. ‘‘They secure. The bodies of the dead and wounded needs time to speak or wrap up. I will were the worst hours of our lives. It was had been carried up onto a rise below a bluff. be glad to forego if he wants to do that. pitch black, cold, and the rain was coming He felt thankful he had survived. ‘‘Then I I will speak for 10 or 15 minutes as in down in sheets, drenching us. The boats were took a few breaths and felt elated, proud to morning business, but I will be glad to being tossed in the waves, making all of us have played a part in maybe the biggest bat- tle in history.’’ wait for the majority leader to see if he violently sick. We’d all been given the big wishes to speak. breakfast. Hardly anyone could hold it down. John went on to landings in Marseilles, The PRESIDING OFFICER. The Sen- Packed in like that, with the boat’s high Iwo Jima and Okinawa. After he came home, walls. a cry went up: ‘For Christ’s sake, do it ator is recognized for 10 minutes. he went on to chair Goldman Sachs, work in in your helmet!’ ’’ Ronald Reagan’s State Department, and JOHN WHITEHEAD ‘‘Around 4 a.m. the dawn broke and a pale head great organizations such as the Inter- Mr. ALEXANDER. Mr. President, light spread across the sea, and now we could national Rescue Committee. He is, in that sometimes American lives are lived so see that we were in the middle of an ar- beautiful old phrase, a public citizen. mada—every kind of boat, destroyers, prob- eloquently that nothing needs to be But if you asked him today his greatest ably the greatest array of sea power ever written about them. Sometimes even moment, he’d say that day on the beach, gathered.’’ when he was alive and grateful for it. ‘‘At eloquent lives can be eloquently writ- Now they heard the sound, the deep boom that moment, dead tired, soaked to the skin, ten about. Such was the case over the of the shells from the battleships farther out I would not have wanted to be anywhere else Fourth of July weekend. When I had a at sea, shelling the beach to clear a path. in the world.’’ little extra time, I came across Peggy Above, barely visible through clouds, they Noonan’s article in the Wall Street saw the transport planes pushing through to It is silly to think one generation is ‘‘bet- Journal on July 5 about John White- drop paratroopers from the 82nd and 101st ter’’ than another. No one born in 1920 is, by head of New York. Airborne Divisions. ‘‘Those were brave men.’’ virtue of that fact, better than someone born John Whitehead was on Normandy At 5 a.m. they were close enough to shore in 1960. But it is true that each era has a cer- to see landmarks—a spit of land, a slight rise tain mood, certain assumptions—in John’s Beach. He chaired Goldman Saks. He of a bluff. In front of them they saw some era, sacrifice—and each generation distin- was President Reagan’s Deputy Sec- faster, sleeker British boats trying des- guishes itself in time, or doesn’t. John’s did. retary of State. He headed the Inter- perately to stay afloat in the choppy water. He himself did. And what better day than national Rescue Commission. He has As the Americans watched, three of the today to say: Thanks, John.

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6645 ENERGY In terms of finding more oil, we pro- tober, but we can begin. From the day Mr. ALEXANDER. Mr. President, the pose allowing deep sea exploration— the United States of America—the majority leader, Senator REID, has spo- give a State the option to drill for oil, third largest producer of oil and the ken about an energy roadmap. He if the State wishes to do that, and then user of a quarter of all of the oil in the talked about it on Friday. He talked take 37 percent of that money and put world—finds more and uses less, the fu- about it again today. I am glad he is it into the State treasury for univer- ture expected price of oil will go down, talking about it. I want to make a sug- sities, beach nourishment, lowering and today’s price of oil will stabilize gestion to him, which I hope he can ac- taxes, or whatever. Put 121⁄2 percent and begin to go down. cept. I am sure that in his home State, into the Land and Water Conservation I say to my friend, the majority lead- Nevada, as well as in my home State, Fund and half to the Federal Treasury. er, as one Senator, I welcome his inter- Tennessee, the first thing out of any- We could unlock, conservatively, 1 mil- est and attention to energy, and spe- body’s mouth has to do with gasoline lion barrels of oil a day if we were to cifically to gasoline prices. We Repub- prices. allow deep sea exploration. licans have offered—44 of us—a I try to read on the floor of the Sen- Today the President has taken off slimmed-down bill, a modest bill. We ate regularly letters that have been e- the Presidential moratorium on deep don’t say drill everywhere offshore. We mailed to me from Tennesseans whose sea exploration. So it is up to us in the don’t say drill in Alaska in this piece lives are changed by the $4 and $4.25 Congress to say: Will we or will we not of legislation. We say give States the gasoline. What Senator REID said in his find more oil by exploring in the deep option, and lift the moratorium on oil remarks was that he has an energy seas off our coast? shale. Make electric plug-in cars and roadmap. I say, with great respect, Two, we have suggested in our legis- trucks commonplace and cut our oil that I am afraid his roadmap is only lation that we take the moratorium off imports in half over time. That is the half a roadmap because he is willing to oil shale development in four Western way to reduce gasoline prices. use less energy but not willing—as far States. That could produce, over time, We hope if we are able in this Senate as I can tell—to find more energy. 2 million barrels a day. Just those two to act like a Senate and spend a week In 1961, President Kennedy said: Let’s ideas—drilling offshore and oil shale— or two on this legislation and consider go to the Moon in 10 years. But if the would increase by one-third the Amer- a number of amendments, we can come astronauts had a roadmap that took ican production of oil, almost all of up with a result and we can go home to them only halfway there, they would which we use here. So that is the sup- our constituents in August and say: be floating in space. That is where I am ply part. Yes, we got a result. And when we afraid we would be as a country if we We are also interested in using less. come back in September, if we can do only do half our job as we address $4 The most promising way to do that, I more, we will. When we come back in believe—and 44 of us have agreed, and I gasoline. January, if we can do more, we will. The problem that we have is a very will bet many do on the other side—has Everybody in Tennessee is saying to to do with plug-in electric cars and simple one, even though a difficult one. me: Senator ALEXANDER, why don’t you It has to do with economics 101, the trucks. When I first started talking get together and work something out? law of supply and demand. We have low about that, people thought I had been I would like to do that, Mr. President. supplies and more demand because out in the sun too long. In fact, Nissan, I didn’t come here to play politics, talk General Motors, Toyota, and Ford are around the world, the Chinese, the In- trash, or stick my fingers in the eyes of all going to be selling us cars that we dians, and others are growing wealthier the other side. can plug in at night—hybrid cars. and using more oil, from which gaso- In my first speech on, for example, Three quarters of us drive less than 40 line is made. U.S. history, the majority leader, who Mr. President, the only real solution miles a day, and I am one of those. I was then the whip, was on the Senate to the $4, $4.25 gasoline prices is to find can drive back and forth to the Senate floor, and he stood up and cosponsored using very little gasoline, if any. We more and use less—find more, as well my bill. Senator KENNEDY got 20 co- could electrify half of our fleet of cars as use less. sponsors for it. It is now law today. and trucks in the United States. That Now, the majority leader’s sugges- Surely, if we can do that with U.S. his- would take time, but it would be a tions that he mentioned—and I don’t tory summer academies, we can do it think they are part of the bill yet—in- clear direction toward using less oil. With just those provisions I have with gasoline prices when it is the No. clude some very promising ideas. Curb talked about—finding more and using 1 issue. speculation. We on the Republican side Last Tuesday we had a bipartisan less—we could cut our oil imports in have introduced legislation that would breakfast that was attended by 14 Sen- half. That would reduce your gas put 100 more cops on the beat to curb prices. ators. We heard from Senators CONRAD, speculation. Say that oil produced in If you are driving a plug-in electric CHAMBLISS, DOMENICI, and BINGAMAN. America should be used here. That is vehicle, by the way, there is plenty of We talked about what we could agree what is happening today. electricity. At night, while we are on that had to do with both finding Increase our focus on renewable en- asleep, most utilities have plenty of more and using less. ergy; renewable energy is important. It cheap electricity they would sell us. We cannot repeal the law of supply is only 3 percent of the total amount of You plug your car or truck in at night and demand. We know that mostly on electricity that we use in the United for just about the same amount of the Republican side we talk about sup- States today. We have a long way to go charge that your water heater would ply. Over on the Democratic side, they before solar, wind, and other energy of use, and you could fill up with 60 cents talk about demand. We have to put it that kind can be a major part of what of electricity instead of $100 worth of together if we want to bring gasoline we need to do. Most of that is devoted gasoline. prices down. That is what we should be to electricity. Of course, that is impor- Just these three ideas—deep sea ex- doing. I think that opportunity exists tant. On the Republican side, we have ploration, oil shale, and plug-in vehi- today. supported that. cles—would cut oil imports in half. We In that closed room last Tuesday— But what we have done on our side is are ready to do that. and there is another bipartisan break- introduce legislation that would do We would like for the majority leader fast in the morning—I heard some Sen- both: find more and use less. We don’t to bring to the floor of the Senate an ators say things such as: do that with the hope that we will have energy bill that is directed toward re- If we cannot deal with this across party a Republican bill because we don’t ducing the price of gasoline. Let each lines, we don’t deserve to be here. want to see a Democratic bill either. Democratic Senator put up their best I think that is right, and most Amer- We want an American bill. We believe idea, and let the Republicans put up icans feel that way. our legislation deserves—and will our best ideas. Let’s have a debate and The majority leader has many issues earn—Democratic support. In fact, votes, and they would probably take 60 that have to be dealt with in the next Democratic Senators have voted for votes. 2 or 3 weeks. I hope he can find a way some of the provisions in our legisla- We cannot get everything done before to bring his best ideas to the floor and tion before. we leave in August, or even before Oc- allow us to do the same. Let’s bring up

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6646 CONGRESSIONAL RECORD — SENATE July 14, 2008 the debates and let’s talk and let’s vote will be able to reach troubled home- tections for Americans while enabling and come to a result, and let’s begin to owners and find viable and affordable our intelligence community to listen lower gasoline prices. From the day the solutions in order to keep them in in on terrorists. This is an important United States of America says to the their homes. One of the most creative step forward and I will support this leg- world that we are going to find more provisions to help at risk homeowners islation. American oil and we are going to use is the Hope for Homeownership Pro- less oil, the expected price of oil and gram in FHA. This program will allow f gas will begin to go down, and so will homeowners who are behind on their today’s price of gas and oil go down. mortgage payments to refinance into a HONORING OUR ARMED FORCES I yield the floor. fixed-rate FHA insured mortgage and SPECIALIST ESTELLE ‘‘LEE’’ TURNER Mr. REID. Mr. President, I suggest ultimately stay in their homes. The Mr. JOHNSON. Mr. President, I rise the absence of a quorum. quicker these provisions are signed today to pay tribute to SPC Estelle The PRESIDING OFFICER. The into law, the quicker families and com- ‘‘Lee’’ Turner and his heroic service to clerk will call the roll. munities can respond to their housing our country. As a member of the The bill clerk proceeded to call the needs. roll. Army’s Echo Company, 1st Battalion, I am very pleased that the amend- 506th Infantry Regiment, 4th Brigade Mr. REID. Mr. President, I ask unan- ment which myself, Senators COLLINS, imous consent that the order for the Combat Team, 101st Airborne Division LINCOLN, and MIKULSKI offered was based in Fort Campbell, KY, SPC Tur- quorum call be rescinded. agreed to and incorporated into the The PRESIDING OFFICER. Without ner was serving in support of Operation bill. There are many problems that are Enduring Freedom. On July 2, 2008, he objection, it is so ordered. a result of the collapsing housing mar- f died in a hospital in Bethesda, MD ket, and the emergence of financial after being mortally wounded by an MORNING BUSINESS scam artists is one of them. The IED in Afghanistan. Mr. REID. Mr. President, I ask unan- amendment will better protect home- Lee had already served his country imous consent that there now be a pe- owners from scam artists trying to for 6 years in the Army two decades riod for the transaction of morning steal the equity out of their homes. earlier, having finished his military business, with Senators allowed to The passage of this housing bill is the service in 1989. Yet this wasn’t enough. speak therein for up to 10 minutes first step to help our country from the Even though he had gone above and be- each. collapse of the housing market. I hope yond, Lee still had the drive to be a The PRESIDING OFFICER. Without that the House will act quickly and hero. After moving to Sioux Falls in objection, it is so ordered. Congress can produce a comprehensive 2004, he reenlisted in the Army at the f piece of legislation which the President age of 39, after the Army had raised its FORECLOSURE PREVENTION ACT will sign. age limit. He looked forward to being OF 2008 f deployed to Afghanistan, his first tour Mr. KOHL. Mr. President, I am very FISA ADMENDMENTS ACT in the war on terror. His wife recalls, pleased that the Senate has passed leg- Mr. NELSON of Florida. Mr. Presi- ‘‘He never seemed worried about it, this is something he believed in. He islation which will help our troubled dent, the CONGRESSIONAL RECORD for housing market. This bill will reform July 9, 2008, inadvertently omitted my thought it was right.’’ Raised in a military family, patriot- the oversight of the government-spon- written statement for the RECORD. The ism was instilled in his heart from a sored enterprises—Fannie Mae, Freddie text is as follows: Mac and the Federal Home Loan Mr. President, I believe that we must young age. Lee’s father served in the Banks—and also provided much needed pass a new FISA bill that enables our Navy for 18 years, and his grandfather relief for communities and homeowners intelligence community to get the in- was an Army soldier who served in combating foreclosures. formation it needs to stop terrorist World War II. His younger brother The first piece of this large housing plots while also protecting our civil John is in the Army, and his wife is an bill is the Federal Housing Finance liberties, by requiring a court order be- Army reservist. Lee’s awards and deco- Regulatory Reform Act. This legisla- fore any American is targeted for rations include the Army Good Con- tion will modernize the regulation of eavesdropping. duct Medal, the National Defense Serv- Fannie Mae, Freddie Mac, and the Fed- But I don’t believe in blanket immu- ice Medal, the Army Combat Action eral Home Loan Banks and expands nity for the phone companies. That’s Badge, and the Purple Heart. Lee en- their housing mission. By creating one why, in the Intelligence Committee, I joyed racing and fixing cars, and play- regulator for the GSEs, it will make it offered language to deny immunity to ing guitar. He had a fierce devotion to easier for them to respond to the hous- the telecommunications companies for his family, and he will be deeply ing market and continue to create af- their alleged participation in the Presi- missed by those who survive him: his fordable housing opportunities for dent’s warrantless wiretapping pro- wife Leah, his daughter Lyda, his sib- Americans across the country. gram. But that amendment failed—and lings, John and ‘‘Gucci’’, and his moth- The bill also includes key provisions failed miserably. er Gloria. which will help homeowners and com- During floor consideration of the Specialist Turner gave his all for his munities combat foreclosures. Fore- FISA bill, Senator FEINSTEIN and I of- soldiers and his country. Our Nation closed properties drive down the prop- fered a compromise amendment that owes him a debt of gratitude, and the erty value of surrounding homes, and would have required the FISA court to best way to honor his life is to emulate communities are losing tax revenue, review the actions of telecommuni- his commitment to our country. Mr. which will impact public services. cation companies who participated in President, I join with all South Dako- Communities need the ability to take the President’s warrantless wire- tans in expressing my deepest sym- excess homes and make them livable tapping program. But it failed too. pathy to the family and friends of Spe- again in order to recover lost revenue. Now I am backing an amendment by cialist Turner. He will be missed, but The $4 billion in CDBG funding in- Senator BINGAMAN that would at least his service to our Nation will never be cluded in this bill will allow for States delay immunity until the inspectors forgotten. and local municipalities to rehabilitate general of the U.S. Government com- foreclosed properties and then get plete their investigation of the Presi- f them back onto the market for home- dent’s warrantless wiretapping pro- owners to purchase or to be made into gram. Upon completion of the report, IDAHOANS SPEAK OUT ON HIGH affordable rental housing. This money the Senate will have ninety days to act ENERGY PRICES is vital to the economic recovery of before immunity is granted to the tele- Mr. CRAPO. Mr. President, in mid- communities that have been dev- communications companies. This will June, I asked Idahoans to share with astated by foreclosure. allow us time to change some minds if me how high energy prices are affect- Additionally, the bill has funding for real wrongdoing is found. ing their lives, and they responded by housing counselors to help homeowners Overall, I believe this legislation sig- the hundreds. The stories, numbering avoid foreclosure. Housing counselors nificantly improves civil liberties pro- over 1,000, are heartbreaking and

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6647 touching. To respect their efforts, I am If Boise had a light rail system, would we airplanes, impacting aircraft production submitting every e-mail sent to me use it to visit family and run errands in Me- (loss of airplane orders and jobs at Boeing), through [email protected] ridian, Nampa and Caldwell? You bet! resulting in fewer jobs, and fewer hours Senator Crapo, please be a leader who does worked. Resultant higher ticket prices make .gov to the CONGRESSIONAL RECORD. not ask citizens to wallow in anger and pity. discretionary travel (vacations) less afford- This is not an issue that will be easily Establish your leadership and vision around able impacting hotels, motels, theme parks, resolved, but it is one that deserves im- responsible use and investment in the future! rental cars, etc. Look further still and it not mediate and serious attention, and Ida- Best regards, hard to visualize the massive ripple: less hoans deserve to be heard. Their sto- KIMBERLY, Boise. hotel and motel supplies purchased, res- ries not only detail their struggles to taurant food, new automobiles for the rental meet everyday expenses but also have Dear Mr. Crapo: Thank you so much for car industry, etc. trying to fight this battle for us. I do not The airline industry, trucking, farming, suggestions and recommendations as to think there is a family in the U.S. that is not plastics (and other products reliant on petro- what Congress can do now to tackle being affected by our high fuel costs. For chemicals) and food production are all suf- this problem and find solutions that many of us, we have long considered our fuel fering from the unchecked corporate oil in- last beyond today. I ask unanimous as a necessity but with the prices we now are dustry greed. Greed that only promises to consent to have today’s letters printed paying, it is becoming a luxury! worsen, as the oil industry blackmails us in the RECORD. My husband and I are getting close to re- with obvious threat of higher prices without There being no objection, the mate- tirement, so we have been trying to plan and access to protected areas for drilling. Yet rial was ordered to be printed in the save for that time. With these fuel charges, they actually do nothing too relieve the bot- I will have to reduce my 401K payments be- tlenecks nor improve their existing produc- RECORD, as follows: cause I drive 25 miles to work each day. tion infrastructure. Nor is it a short term so- Like many other single parents out there, Sure, I could try and buy a smaller car to re- lution. They claim investment, in what, ad- we have to commute to work for better-pay- duce my fuel bill, but my car is fairly new ditional tracts of land to grow their hold- ing jobs and cannot take public transpor- and paid for and it does not seem economi- ings, and exploration, to lock in future pro- tation because they won’t stop at daycare cally feasible to trade it in and start making duction, but provide no meaningful major ex- and the store on the way home from work. payments on a smaller car. penditure that has improved current produc- So, yes, like every family, whether single or No, we won’t go without food or shelter, tion that is of benefit to the American con- not, you have to drive and cannot ride your but we will be tightening our belts on other sumer. When was the last new refinery bike, but give me a break. And tell me why aspects of our lives. Our Saturday drives, opened, or the old existing infrastructure the airlines are now charging a $75 escort fee date nights, and trips to visit our grandkids modernized, unless required by regulation, or for your child under 12 flying alone (it was will be greatly reduced. These are the things replacement due to industrial accident or $30 last year), and this is to walk them from that we have worked hard to achieve and breakdown? The number of competitors has the counter to the plane. Tell me how much enjoy and now will not be able to do so. shrunk thru buyouts and mergers over the gas does that use? And their reason for in- I greatly encourage our country to begin years, serving to destroy the competitive creased cost is the fuel prices. So that is $150 using our own resources. Domestic drilling market, and pricing at the pump, is nothing round trip to walk from the counter to the and refining is the answer. Sure, I care about short of collusion, thinly veiled as competi- plane on top of the airline charge. What is the environment and harming wildlife, but I tive free market pricing. And the oil indus- going to be the next excuse—charging to use care more about the human aspect of this try gets wiser on how to game the congress the restroom during the flight? crisis. Our human way life has become and the people. And you sit still for it! I seriously believe this is going to ex- harmed. Why aren’t the environmentalists We need very badly the long term solutions tremely out of hand before it gets any bet- worrying about that? With technology what you speak of, however, we need action now ter. And is anyone going to do anything it is today, there are fewer chances of oil with a high priority placed on bringing a ces- about all of this? I do not think so!!! spills or environmental issues. I also know sation to the greed based damage to this na- Thank you, that, with our technology, it will not take tions economy and the severe economic bur- TRACY, Star. eight to ten years to get this oil into produc- den being endured by the voters you elected tion. I think we need to begin drilling in officials collectively represent. If it is bad now, think of the winter heat- Dear Senator Crapo, When gas hit $2 a gal- ANWR and off the coast of California imme- ing bill citizens in the nation’s cold climate lon, my husband and I agreed that neither of diately. us expected the price to ever go below $2 and As a citizen I will do my part to help with will shortly face when winter is once again that the price would continue to increase be- energy conservation but I also expect our upon us. So vital is this industry to our nation’s cause of increased demand from China and legislatures to step up and do their part and economy, it is past time to regulate it! I re- India and the Iraq war. In 2006, we traded in stop being controlled by special interest en- peat, it is past time to regulate the oil indus- a mid-80s Saturn and bought a Toyota Prius vironmentalists. try! because of its gas mileage. As the price of Thank you once again for your efforts. Our government regulates electricity, nat- gas continued to increase, my husband JEANNETTE, Idaho Falls. ural gas, and telephone infrastructure, and bought a scooter to commute to work when- the FCC TV & radio. How is the oil industry As seniors on a pension and Social Secu- ever the weather is dry. The scooter gets 90+ any different? How is the oil dependency/in- rity, I think we are among the hardest hit. I miles to the gallon. Being a stay-at-home frastructure of this nation less vital? They mom for a while with our daughter, I con- think it is criminal that neither energy nor are no longer serving this nation’s interest solidate errands into a single trip whenever food is included in the COLA. It is going to in a responsible manner, have made a com- I can and handle as many things as I can be a long time before these prices come down plete mockery of congressional investiga- over the telephone. Gas is now over $4 a gal- and I think it is time the COLA is based on tions (with the aid of some members of con- lon (. . . diesel is almost $5!), but everyday I something a little more realistic. We cannot gress), and basically have the United States still see huge shiny pickup trucks and SUVs live without either one of these items. Also of America over a barrel! driven by solo drivers commuting to work. living in rural Idaho, we do not have any A good place to start would be to make Would I like gas to be cheaper? Sure, but it public transportation. I truly think the gov- speculation illegal (dealing through third is not reasonable to expect that it is going to ernment would just as soon that we would all party brokers & traders illegal. If a person/ happen any time soon. Domestic oil reserves die off so they do not have to deal with us. company does not actually physically handle cannot be developed quickly enough for us to DONNA. the actual product, it should be made illegal seriously depend on that strategy. We must to profit from it by brokering or specula- reduce demand and become more efficient. Dear Senator Mike Crapo: If you really tion.). Our grandparents and parents supported care about one of the most crippling eco- How many airlines have to fold, how many the war effort by reducing their personal nomic problems facing our nation, it is the truckers go under, and how much unneces- consumption of oil, metal, clothing and food impact of the greed of the oil industry infra- sary inflation must this nation endure before (among other items). Why do our leaders structure. our elected (for now) officials really do some- (you!) insist that citizens are unable to rise The racketeering (oh, well, what else thing meaningful? It is said oil is higher due to the occasion and change our consump- should I call it?) of the oil industry is having to the shrinking dollar. Oil has driven the tion? massive inflationary impact on this nation, dollar down and is a major player in our cur- Do I support destroying the Alaskan wil- severely damaging this nations transpor- rent inflation. It impacts the United States, derness so my fellow Idahoans can commute tation system. The ripple effects will be far- it ripples thru the world. in SUV’s? No! reaching and crippling over the long term. Have you asked yourselves why the voters Do I support fighting wars over oil so we Damage to the transportation infrastructure think less of our elected officials (per polls) can go water skiing and speed boating at with loss of service through airline cutbacks, than our President? Are you really happy Lucky Peak? No! will have long term impact on the entire with that? Do I support subsidizing and coddling the travel industry, in turn impacting the entire Your email implies you care. Then prove it American car industry which has stubbornly economy. Fewer flights and fewer airline to the voters you represent. Start the Con- refused to offer fuel efficient cars? No! routes (and bankrupt carriers) require less gress on a path to put control and regulation

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6648 CONGRESSIONAL RECORD — SENATE July 14, 2008 on [the oil] industry so very vital to the na- ating effect on prices. People are opting for for medical treatments for cancer and I had tion’s economy and infrastructure. more fuel efficient cars which may stimulate a stint placed. I was traveling every three How long must we wait for Congress to the auto industry. And finally, I think the weeks for treatments and I am happy to say stop the ongoing damage to our dollar, cost federal government should take a more ac- that the cancer is in remission as of now but of living (including food), and our transpor- tive role with our currency issues to keep Non Hodgkin’s Lymphoma cannot be cured, tation infrastructure? What could be more the dollar from falling much further. I know it can be treated usually but not cured, and important to both the short-term and long- there is reluctance to that idea, but the cir- it keeps coming back. I am not only faced term wellbeing of this country and its citi- cumstances seem to warrant it. with expenses at the Cancer Center and doc- zens in your list of priorities? Regards, tor, but I have a diseased liver and they have On another but still related issue, where is PETE, Boise. no idea why the tests are showing such high this nation’s long range planning? If I might levels in the tests. It seems all of this has hit cite an example; Japan after WWII as a na- Dear Senator Crapo: I do not agree with more or less all at once in traveling and tak- tion set its sights on consumer electronics your assessment regarding the high price of ing the tests. I have to stay overnight at and the automobile. Look where they are gas. We are being gouged by the oil compa- times, and this, of course, creates more ex- today with those technologies and look at nies, and I will prove my point. penses which the government or the insur- our once proud auto industry, now a cripple. Oil is at about $130 a barrel. There are 42 ance and Medicare does not cover. My nest Kennedy pointed this nation toward the gallons in a US barrel, which equates to $3.09 egg for retirement is getting eaten up each moon—within ten years. It was a national a gallon for crude. Add to this the price for month, and it will run out. I worry about my plan and a priority. What are this nation’s refining say $0.40 distribution $0.25. State wife if something happens to me. long-term goals? Do you know? Why do not and federal Taxes and about $0.25 a gallon a I hope that someone reads this that can we the people know? gas station makes and you will see that we help me and others in the same boat. Thank These items should rise above petty poli- are already over $4 a gallon. you for giving me this chance to air my con- tics. They should be without party owner- How do the oil companies make these mas- cerns about my health and what all it is tak- ship and bickering. And a declaration of per- sive profits every quarter? In the United ing to handle the situation so far. sona non grata made toward the oil lobby States, we have to import 40% of our oil the Sincerely and their bought and paid for elected offi- other 60% comes from Alaska, Texas, Cali- GEORGE, Salmon. cials. fornia, the Gulf, etc. Are we paying $130 a f Thank you for asking for my story, but it barrel to the oil companies for oil coming is really a much larger story than my story; out of our own back yard? You people blame OBJECTION TO THE NOMINATION it is our story. China and India for the cost of fuel today. OF HUSEIN CUMBER JOHN. For your information, I have been to both Mr. WYDEN. Mr. President, I stand countries. They do not have the amount of today to object to any unanimous con- Dear Senator Crapo: It is good to hear cars we Americans have. In fact, they are a sent agreement in connection with the from you and know that at least one politi- bicycle society. nomination of Mr. Husein Cumber to be cian in Washington has their head on I am fed up with Congress and the Senate straight. Thank you for representing those for not taking any action on this issue; in a member of the Surface Transpor- of us who do not buy the ‘‘man-caused global fact, President Bush is quiet on the subject. tation Board, or STB. I don’t take this warming’’ hoax. I believe it is a natural I have always been [conservative], but I action lightly, and I would like to take cycle the earth has gone thru many times fear that this coming election [conservatives a few moments to briefly describe why before and will continue to undergo. will not fare well], mainly due oil prices I am placing a hold on his nomination. I believe all Americans want clean air, which has a ripple effect and cause unem- Railroads and transportation infra- water and a healthy environment which can ployment, rise in food prices etc. The hardest structure are the lifeblood of our econ- all be accomplished while simultaneously hit people in out society are the old people of omy. My home State of Oregon has re- drilling in ANWAR, off coast regions and ex- which I am one. cently been the victim of a short line ploring other natural resources available do- Sincerely, mestically. GEORGE. railroad that has subverted consumer Sincerely, protections established by Congress in MIKE, Emmett. Our current monthly gas budget has al- an attempt to reduce service and raise most tripled with the increase during the rates. The STB is the last line of de- Dear Senator Crapo: Thank you for the op- past year. With my husband working out of fense against companies that are more portunity to provide input on what I think is town (300+ miles weekly commute) and I’m interested in maximizing profits than the most important issue we should have working for a non-profit that reimburses me they are in their legal obligations as a faced at least twenty years ago. Yet, I know @$.40/mile, we are going in the hole. As our common carrier. that mustering the political will to make the state representative, you and your family changes we needed to make would have been should be feeling the same affects of the en- To be an effective safeguard against very difficult then. Nonetheless, here we are ergy prices that we are, and helping correct this activity, the STB needs board in 2008 and, being Americans, we will face this problem. Are you? members with in-depth experience and this crisis with intelligence and determina- Respectfully, knowledge of a broad range of rate, tion. MARCIA. service and railroad merger issues. The Frankly, I put the rising prices into this law says that members of the STB perspective. I drive a Hyundai Accent and Dear Senator: I am a hard-working Ida- should possess professional standing average about 34 mpg and drive about 11,000 hoan who has to change my behavior because and demonstrated knowledge in the miles per year. So, I buy about 325 gallons of high energy costs, but I also understand annually. Gasoline has increased $1.75 over that sometimes you have to pay the piper. fields of transportation or transpor- the last short while. So, on average I’m pay- Nobody likes to go on a diet or take medi- tation regulation. I am very concerned ing an additional $47 per month. Sure, I’d cine. Yet in order to get well, we have to do that Mr. Cumber doesn’t possess any of rather spend that on something else, but things we do not like. This is one of those these qualities. that really is not that bad. My wife drives times. The answer to our energy problem is Mr. Cumber’s nomination requires our Toyota 4 Runner. Her commute is short not to find some way to ignore or go around this body to seriously review his record and other than that, we only use that vehicle what made us fat and sick. And, I mean that of accomplishment in light of these re- for recreation . . . about 4,000 to 5,000 miles quite literally. Furthermore, you know as quirements and demonstrated abilities. per year. Again, I can live with it. well as I do that local oil will be the same I have compared Mr. Cumber’s record To my way of thinking, the increased gas price as global oil. The market price is the with those of other current and former prices have been a blessing. It has finally price regardless of where it comes from. You brought the discussion of energy manage- do no favor to the public with this tactic. members of the STB, and I would like ment to forefront where it has needed to be Feel free to quote me. to share some of my findings with you for some time. Not only is our economic well JIM. today. being at stake, but the security of America First, Chairman Charles Nottingham, as well. Were it not for oil, would we have We are unable to see our children who live a licensed attorney. Chairman Notting- ever even heard of Saddam Hussein? And, 500 to 1000 miles away due to gas prices. We ham has 4 years of experience in the too, we are finally coming to agreement that are getting older and live on retirement in- Federal Highway Administration work- climate change is real and are showing signs come, thus we are unable to help them out ing on everything from funding anal- that we may actually address it. If higher with gas for making a trip to Idaho. I expect ysis to policy development. He has an gas prices are the cost of getting to have this we will never get to see them again. additional 4 years at the state level as discussion, so be it. ROBERT and PEGGY, Emmett. What should we do about gas prices, you the Transportation Commissioner and ask? Nothing. Market forces will bring down Senator Crapo for the last three years, I CEO of Virginia DOT. He was the coun- gas consumption which should have a moder- have been traveling to Missoula, Montana, sel to the Committee on Government

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6649 Reform in the U.S. House of Represent- Mr. Cumber’s regulatory experience My hope is that the administration atives. Chairman Nottingham is un- in transportation is limited to his will acknowledge the importance of the questionably qualified for the duties short tenure as a political appointee at STB in their search for a qualified required of a board member and a good the Department of Transportation—1 nominee and keep looking for one. example of what the STB needs in a year as the Deputy Chief of Staff, and f nominee. some time as the Assistant to the Sec- Vice Chairman Francis Mulvey, with retary for Policy. For his private sec- ADDITIONAL STATEMENTS a Ph.D. in Economics, is likewise quali- tor expertise, he can point to his year fied. He has legislative experience as as the spokesman for Florida East the Staff Director for the Railroad Coast Industries. And before that, he RECOGNIZING MONFORTON Subcommittee in the House of Rep- was a political fundraiser for President SCHOOL resentatives. He was the Deputy As- George W. Bush and Governor Jeb ∑ sistant Inspector General for Rail, Bush. He was what some referred to as Mr. BAUCUS. Mr. President, I wish Transit, and Special Programs in the a fundraising wunderkind. One story today to recognize the achievements of Department of Transportation. He was noted that he ‘‘devours business cards an outstanding teacher and her seventh the Assistant Director charged with like most mortals do potato chips.’’ grade students. This is a story of com- analyzing transportation issues at the Developing these political relation- munity and folks coming together to GAO. His experiences outside govern- ships, he said, allowed him to ‘‘meet make their town a better place to live. ment are equally valuable: He was the some great people and there’s going to The students at Monforton School in Programs Manager for the National be a payoff in the end.’’ Bozeman, MT, with their teacher, Sally Academy of Sciences, Transportation The President has nominated Mr. Broughton, saw a playground at the Research Board. He was also the Vice Cumber to work on a vital regulatory school that was outdated and unsafe. President for Research with the Amer- board with the capacity to impact our These ambitious young people then ican Bus Association. Again, Vice economy, our infrastructure, and the sprung into action and set out to in- Chairman Mulvey is an exemplary wages of hard-working Americans form the principal, school board, other member and a model for future nomi- across the Nation. Reviewing the quali- students, and community members of nees. fications of other members, be they the subpar condition of the playground Former Chairman Linda Morgan, an PH.D.s, attorneys, or career legisla- and gathered input and support for attorney with a Georgetown law de- tors, I see that broad experience in reg- building a new playground. gree, was supremely qualified to work ulatory, policy, and economic matters In the Montana spirit of folks work- on the STB. For 15 years she held var- ing together to make their community ious positions with the Senate Com- surrounding rail transportation is es- sential. Understanding the common a better place to live, local businesses mittee on Commerce, Science, and pitched in by donating nearly $40,000 Transportation. While there, she was carrier obligation of the rail industry is essential. Advocacy for consumers in worth of supplies and labor toward responsible for much of the legislation completion of the playground. that established the framework for to- the face of enormous pressure from powerful industry representatives is es- Monforton parent and carpenter, Alan day’s surface transportation system. Ripley, worked with students to design She also served as the general counsel sential. Mr. Husein Cumber is, by all ac- the octagonal climbing structure for of the committee. the playground. The students spent Former Chairman Roger Nober was counts, a hard-working man. But hard work alone is not sufficient qualifica- countless hours with volunteers in the counselor to the Deputy Secretary building the playground. of Transportation for a year before tion for nomination to the board of an Thanks to the work of these stu- joining the STB. Before that he spent 4 important consumer protection agen- dents, their teacher, and the commu- years as the chief counsel for the Com- cy. It is also essential that a nominee nity all Monforton students now have a mittee on Transportation and Infra- have demonstrated experience and ex- safe playground at their school. The ef- structure of the House of Representa- pertise in the issues that come before forts of these fine young people have tives. For the 4 years before that, he the agency. not gone unnoticed. The Corporation held a variety of positions on that com- I recently met with Mr. Cumber to for National and Community Service mittee’s staff. And for the 4 years be- discuss his nomination. I found him to honored the students and their teacher, fore that, he put his Harvard law de- be polite, personable, and eager. I did Sally Broughton, with the 2008 Spirit gree to use in New York City. His not, however, find him to be knowl- breadth of experience, most of it relat- edgeable of the critical issues that of Service Award, and We the People: ing to transportation issues, made him have come before the STB. His experi- Project Citizen presented them with very well qualified to serve as a board ences in lobbying and fundraising stand the Montana Project Citizen Award for member and chairman. out and will no doubt help him in his their contributions to the community. Former Vice Chairman Wayne future endeavors outside of govern- This spirit of service is prevalent at Burkes served in the Mississippi legis- ment. But what is important here is Monforton School as all students par- lature for 14 years; 4 years in the House what he has been nominated to do ticipate in service-learning projects. of Representatives, and 10 years in the while serving in a government position. Classroom lessons are combined with Senate. He served on the Highways and Members of the Surface Transpor- meaningful service to their commu- Transportation Committee all 14 years. tation Board have to make important nity. Through these efforts students After his time in the legislature, he decisions affecting our Nation’s trans- have been responsible for improving then spent 10 years as the Mississippi portation policy from the moment they the food service at the school, con- Transportation Commissioner for the are sworn in. They do not have time for structing a walking path, and inform- Central District. His understanding of on-the-job training. ing the larger community about the transportation issues was certainly un- Mr. Cumber’s nomination to the STB need for a new jail and a warning sys- questioned. may in fact be ‘‘the payoff in the end’’ tem for Hyalite Dam among other Even a cursory review of current and he has been working toward. But a seat projects. former board member qualifications on the Surface Transportation Board I would like to join the chorus recog- makes it clear what kind of nominee shouldn’t be a payoff. It’s not a prize to nizing the seventh grade students of this important regulatory body re- be won—it is a job to be done. And it is Monforton and their teacher, Sally quires. I would like to bring the Sen- a job to be done by someone armed Broughton. They are a perfect example ate’s attention now to our current with credentials and credibility, not by of how Montana’s world-class edu- nominee, Mr. Husein Cumber. There someone armed with only cash and cation system is preparing children are stark differences between what you connections. across Big Sky country to meet the have just heard and what I will present I am compelled to object to this nom- challenges they will face. These out- to you now. ination for the reasons I have provided. standing young people are the future of

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6650 CONGRESSIONAL RECORD — SENATE July 14, 2008 our Nation, and I am sure that they ence in Milwaukee and Rhinelander, REPORTS OF COMMITTEES will continue to serve and make many WI. What began on the shores of Lake The following reports of committees contributions to their communities.∑ Superior as a line of outboard motors were submitted: f has grown into a significant contrib- By Mr. DORGAN, from the Committee on utor to our Nation’s defense. TRIBUTE TO MARIAN ORFEO Appropriations, without amendment: As a qualified small business with S. 3258. An original bill making appropria- ∑ Mr. KERRY. Mr. President, I would both military and commercial product tions for energy and water development and like to take this opportunity to con- lines, Oldenburg Group has shown that related agencies for the fiscal year ending gratulate Ms. Marian Orfeo, director of they are a leader within the Nation’s September 30, 2009, and for other purposes Planning and Coordination with the defense industry. Their products sup- (Rept. No. 110–416). Massachusetts Water Resources Au- By Mr. DURBIN, from the Committee on port the U.S. Navy with refueling sys- Appropriations, without amendment: thority, MWRA, on being named the tems to allow our ships to remain at S. 3260. An original bill making appropria- new president of the National Associa- sea and ready. They support the U.S. tions for financial services and general gov- tion of Clean Water Agencies, NACWA. Army with systems for offloading war- ernment for the fiscal year ending Sep- Ms. Orfeo has been an environmental fighting equipment when no port facil- tember 30, 2009, and for other purposes (Rept. champion for the city of Boston, State ity is available, as well as supporting No. 110–417). of Massachusetts, and the Nation. She the U.S. Department of Defense in By Mrs. MURRAY, from the Committee on is an exceptional leader and public Appropriations, without amendment: many other ways as well. Oldenburg S. 3261. An original bill making appropria- steward dedicated to the improvement Group’s history of customer satisfac- tions for the Departments of Transportation of Boston’s water quality and public tion and excellence is immensely im- and Housing and Urban Development, and re- health. portant as it contributes daily to the lated agencies for the fiscal year ending Sep- Ms. Orfeo has worked for with security of our Nation. tember 30, 2009, and for other purposes (Rept. MWRA, a founding member of NACWA, It is because of quality products and No. 110–418). for nearly 20 years. The Authority pro- exceptional support service that the f vides wholesale water and sewer serv- U.S. Department of Defense trusts INTRODUCTION OF BILLS AND ices to 2.5 million people in 61 commu- Oldenburg Group to provide vital JOINT RESOLUTIONS nities across eastern and central Mas- equipment and services used by the sachusetts 24 hours a day, 7 days a military. Oldenburg’s dedication to The following bills and joint resolu- week. continually looking toward the future tions were introduced, read the first As the director of Planning and Co- and considering how products can prac- and second times by unanimous con- ordination, her responsibilities include tically be applied to homeland security sent, and referred as indicated: long-range planning to construct and is one reason for their considerable By Mr. DORGAN: renew MWRA’s water and wastewater success, and I congratulate that spir- S. 3258. An original bill making appropria- facilities, as well as infrastructure and ∑ tions for energy and water development and it. related agencies for the fiscal year ending short-term strategic business planning f September 30, 2009, and for other purposes; for all agency functions. She also man- MESSAGES FROM THE PRESIDENT from the Committee on Appropriations; ages the Authority’s performance re- placed on the calendar. porting system and is a member of the Messages from the President of the By Mr. WHITEHOUSE (for himself and steering committee for the United States were communicated to Mr. DURBIN): MetroFuture initiative of the Boston the Senate by Mrs. Neiman, one of his S. 3259. A bill to amend title 11, United Metropolitan Area Planning Council. secretaries. States Code, with respect to the priority of Before joining the Authority, Ms. certain high cost credit debts; to the Com- f mittee on the Judiciary. Orfeo previously worked in Boston city EXECUTIVE MESSAGES REFERRED By Mr. DURBIN: government for 16 years. She held a S. 3260. An original bill making appropria- range of positions including operations, As in executive session the Presiding tions for financial services and general gov- administration and finance, and plan- Officer laid before the Senate messages ernment for the fiscal year ending Sep- ning. from the President of the United tember 30, 2009, and for other purposes; from She has been an active member of States submitting sundry nominations the Committee on Appropriations; placed on NACWA since 1994, was elected to its and a withdrawal which were referred the calendar. board of directors in 2000, and has to the Committee on Armed Services. By Mrs. MURRAY: S. 3261. An original bill making appropria- chaired the Association’s Legislative (The nominations received today are tions for the Departments of Transportation Policy, Strategic Planning, Finance, printed at the end of the Senate pro- and Housing and Urban Development, and re- and Awards Committees. Ms. Orfeo is ceedings.) lated agencies for the fiscal year ending Sep- also a consistent champion for the need f tember 30, 2009, and for other purposes; from to develop a new, holistic approach to the Committee on Appropriations; placed on MESSAGE FROM THE HOUSE the nation’s complex 21st century the calendar. water challenges. By Mrs. HUTCHISON: S. 3262. A bill to reauthorize the women’s Being elected NACWA president is ENROLLED BILL SIGNED entrepreneurial development programs of not onlyan impressive personal accom- the Small Business Administration, and for plishment but will help secure At 6:43 p.m., a message from the House of Representatives, delivered by other purposes; to the Committee on Small NACWA’s role as the leading advocate Business and Entrepreneurship. Ms. Niland, one of its reading clerks, for responsible national policies that f advance clean water and a healthy en- announced that the Speaker has signed vironment. the following enrolled bill: SUBMISSION OF CONCURRENT AND Mr. President, I congratulate Marian S. 2967. An act to provide for certain Fed- SENATE RESOLUTIONS Orfeo on becoming president of eral employee benefits to be continued for The following concurrent resolutions certain employees of the Senate Restaurants and Senate resolutions were read, and NACWA. I am certain the association after operation of the Senate Restaurants will greatly benefit from her able lead- are contracted to be performed by a private referred (or acted upon), as indicated: ership.∑ business concern, and for other purposes. By Mr. FEINGOLD (for himself, Mr. ISAKSON, Mr. CARDIN, Mr. HARKIN, f f Mr. WHITEHOUSE, Mr. KERRY, Mr. CONGRATULATING THE MEASURES PLACED ON THE NELSON of Florida, Mr. DURBIN, Mrs. OLDENBURG GROUP CALENDAR BOXER, Mr. LEAHY, Mrs. CLINTON, Mr. SUNUNU, Mr. CHAMBLISS, Ms. SNOWE, ∑ Mr. KOHL. Mr. President, I would The following bill was read the sec- Mrs. DOLE, Mr. INHOFE, Mr. SPECTER, like to congratulate Oldenburg Group ond time, and placed on the calendar: Mr. STEVENS, Mr. MARTINEZ, and Mr. on the 150th anniversary of the S. 3257. A bill to extend immigration pro- SMITH): Oldenburg Lake Shore product line. grams to promote legal immigration and for S. Res. 611. A resolution expressing the The Oldenburg Group has a major pres- other purposes. sense of the Senate on the crisis in

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6651 Zimbabwe, and for other purposes; consid- ease, and other pediatric diseases, and York (Mr. SCHUMER) was added as a co- ered and agreed to. for other purposes. sponsor of S. 2844, a bill to amend the By Mr. BIDEN (for himself, Mr. KERRY, S. 2204 Federal Water Pollution Control Act to and Mr. CASEY): S. Res. 612. A resolution expressing the At the request of Mr. WHITEHOUSE, modify provisions relating to beach sense of the Senate that President George W. the name of the Senator from New monitoring, and for other purposes. Bush, President Dmitry Medvedev of the York (Mr. SCHUMER) was added as a co- S. 3038 Russian Federation, and other participants sponsor of S. 2204, a bill to assist wild- At the request of Mr. GRASSLEY, the in the 2008 Group of Eight (G8) Summit in life populations and wildlife habitats in name of the Senator from Minnesota Toyako, Hokkaido, Japan should work to- adapting to and surviving the effects of (Mr. COLEMAN) was added as a cospon- gether to foster a more constructive rela- sor of S. 3038, a bill to amend part E of tionship, and that the Government of the global warming, and for other pur- Russian Federation should eschew behaviors poses. title IV of the Social Security Act to that are inconsistent with the Group’s objec- S. 2422 extend the adoption incentives pro- tives of protecting global security, economic At the request of Mr. WHITEHOUSE, gram, to authorize States to establish stability, and democracy; considered and the name of the Senator from New a relative guardianship program, to agreed to. York (Mr. SCHUMER) was added as a co- promote the adoption of children with By Mr. NELSON of Nebraska (for him- sponsor of S. 2422, a bill to amend title special needs, and for other purposes. self, Ms. COLLINS, Mr. BAUCUS, Mr. S. 3122 SMITH, Mr. KERRY, Mr. ROBERTS, Mr. 18, United States Code, to prohibit cer- DODD, Mr. HATCH, Mr. BROWN, Mr. tain computer-assisted remote hunt- At the request of Ms. KLOBUCHAR, her BUNNING, and Mr. BINGAMAN): ing, and for other purposes. name was added as a cosponsor of S. S. Res. 613. A resolution designating the S. 2549 3122, a bill to amend the Commodity week beginning September 8, 2008, as ‘‘Na- At the request of Mrs. CLINTON, the Exchange Act to provide for the regula- tional Direct Support Professionals Recogni- tion of oil commodities markets, and tion Week’’; considered and agreed to. name of the Senator from New York (Mr. SCHUMER) was added as a cospon- for other purposes. f sor of S. 2549, a bill to require the Ad- S. 3134 ADDITIONAL COSPONSORS ministrator of the Environmental Pro- At the request of Ms. KLOBUCHAR, her S. 617 tection Agency to establish an Inter- name was added as a cosponsor of S. 3134, a bill to amend the Commodity At the request of Mr. SMITH, the agency Working Group on Environ- name of the Senator from Maine (Ms. mental Justice to provide guidance to Exchange Act to require energy com- modities to be traded only on regulated SNOWE) was added as a cosponsor of S. Federal agencies on the development of 617, a bill to make the National Parks criteria for identifying disproportion- markets, and for other purposes. and Federal Recreational Lands Pass ately high and adverse human health S. 3185 available at a discount to certain vet- or environmental effects on minority At the request of Ms. KLOBUCHAR, her erans. populations and low-income popu- name was added as a cosponsor of S. S. 999 lations, and for other purposes. 3185, a bill to provide for regulation of At the request of Mr. COCHRAN, the S. 2579 certain transactions involving energy name of the Senator from Montana At the request of Mr. INOUYE, the commodities, to strengthen the en- (Mr. TESTER) was added as a cosponsor names of the Senator from Maryland forcement authorities of the Federal of S. 999, a bill to amend the Public (Mr. CARDIN), the Senator from New Energy Regulatory Commission under Health Service Act to improve stroke Jersey (Mr. MENENDEZ), the Senator the Natural Gas Act and the Federal prevention, diagnosis, treatment, and from Iowa (Mr. GRASSLEY) and the Sen- Power Act, and for other purposes. rehabilitation. ator from Tennessee (Mr. ALEXANDER) S. 3186 S. 1738 were added as cosponsors of S. 2579, a At the request of Mr. SANDERS, the At the request of Mr. BIDEN, the bill to require the Secretary of the names of the Senator from New Jersey names of the Senator from Pennsyl- Treasury to mint coins in recognition (Mr. LAUTENBERG), the Senator from vania (Mr. CASEY) and the Senator and celebration of the establishment of Nevada (Mr. REID), the Senator from from Minnesota (Mr. COLEMAN) were the United States Army in 1775, to Florida (Mr. NELSON), the Senator from added as cosponsors of S. 1738, a bill to honor the American soldier of both Connecticut (Mr. LIEBERMAN), the Sen- establish a Special Counsel for Child today and yesterday, in wartime and in ator from Montana (Mr. BAUCUS), the Exploitation Prevention and Interdic- peace, and to commemorate the tradi- Senator from Michigan (Mr. LEVIN) and tion within the Office of the Deputy tions, history, and heritage of the the Senator from Oregon (Mr. WYDEN) Attorney General, to improve the United States Army and its role in were added as cosponsors of S. 3186, a Internet Crimes Against Children Task American society, from the colonial bill to provide funding for the Low-In- Force, to increase resources for re- period to today. come Home Energy Assistance Pro- gional computer forensic labs, and to S. 2618 gram. make other improvements to increase At the request of Ms. KLOBUCHAR, the S. 3223 the ability of law enforcement agencies name of the Senator from South Da- At the request of Mr. KERRY, the to investigate and prosecute predators. kota (Mr. JOHNSON) was added as a co- name of the Senator from New Jersey S. 2035 sponsor of S. 2618, a bill to amend the (Mr. LAUTENBERG) was added as a co- At the request of Mr. SPECTER, the Public Health Service Act to provide sponsor of S. 3223, a bill to establish a name of the Senator from Connecticut for research with respect to various small business energy emergency dis- (Mr. LIEBERMAN) was added as a co- forms of muscular dystrophy, including aster loan program. sponsor of S. 2035, a bill to maintain Becker, congenital, distal, Duchenne, S. 3233 the free flow of information to the pub- Emery-Dreifuss Facioscapulohumeral, At the request of Mr. BINGAMAN, the lic by providing conditions for the fed- limb-girdle, myotonic, and oculopha- name of the Senator from North Da- erally compelled disclosure of informa- ryngeal muscular dystrophies. kota (Mr. DORGAN) was added as a co- tion by certain persons connected with S. 2668 sponsor of S. 3233, a bill to promote de- the news media. At the request of Mr. KERRY, the velopment of a 21st century energy sys- S. 2042 name of the Senator from South Da- tem to increase United States competi- At the request of Ms. STABENOW, the kota (Mr. THUNE) was added as a co- tiveness in the world energy tech- name of the Senator from Pennsyl- sponsor of S. 2668, a bill to amend the nology marketplace, and for other pur- vania (Mr. CASEY) was added as a co- Internal Revenue Code of 1986 to re- poses. sponsor of S. 2042, a bill to authorize move cell phones from listed property S. 3237 the Secretary of Health and Human under section 280F. At the request of Mr. CASEY, the Services to conduct activities to rap- S. 2844 name of the Senator from New Jersey idly advance treatments for spinal At the request of Mr. LAUTENBERG, (Mr. MENENDEZ) was added as a cospon- muscular atrophy, neuromuscular dis- the name of the Senator from New sor of S. 3237, a bill to assist volunteer

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6652 CONGRESSIONAL RECORD — SENATE July 14, 2008 fire companies in coping with the pre- SUBMITTED RESOLUTIONS detaining five United States embassy staff cipitous rise in fuel prices. and two local embassy workers on June 5, 1998, one of whom was physically assaulted; S. 3240 SENATE RESOLUTION 611—EX- Whereas reports of killings, abductions, PRESSING THE SENSE OF THE beatings, torture, and sexual violence At the request of Mr. SESSIONS, the against civilians in Zimbabwe have contin- name of the Senator from North Caro- SENATE ON THE CRISIS IN ZIMBABWE, AND FOR OTHER ued, resulting in some 10,000 people being as- lina (Mr. BURR) was added as a cospon- saulted and at least 30,000 displaced; PURPOSES sor of S. 3240, a bill to promote energy Whereas the MDC and Presidential can- production and security in the United Mr. FEINGOLD (for himself, Mr. didate Tsvangirai withdrew from the June States, and for other purposes. ISAKSON, Mr. CARDIN, Mr. HARKIN, Mr. 27, 2008, runoff presidential election, citing WHITEHOUSE, Mr. KERRY, Mr. NELSON of intensified political repression and killings of their supporters; f Florida, Mr. DURBIN, Mrs. BOXER, Mr. LEAHY, Mrs. CLINTON, Mr. SUNUNU, Mr. Whereas the Mugabe regime persisted with the runoff election, despite the protest of CHAMBLISS, Ms. SNOWE, Mrs. DOLE, Mr. many leaders in Africa, the EU, SADC, the STATEMENTS ON INTRODUCED INHOFE, Mr. SPECTER, Mr. STEVENS, Mr. BILLS AND JOINT RESOLUTIONS United Nations Security Council, and the MARTINEZ, and Mr. SMITH) submitted United States Government; By Mr. WHITEHOUSE (for him- the following resolution; which was Whereas results from the runoff election self and Mr. DURBIN): considered and agreed to: unsurprisingly declared Robert Mugabe, the S. 3259. A bill to amend title 11, S. RES. 611 only standing candidate, as the winner with 85 percent of the vote, and he was sworn into United States Code, with respect to the Whereas, over the last eight years, the Zimbabwean African National Union-Patri- office; priority of certain high cost credit otic Front (ZANU-PF), led by Robert Whereas SADC, the Pan-African Par- debts; to the Committee on the Judici- Mugabe, has increasingly turned to violence liament, and AU Observer missions to ary. and intimidation to maintain power amidst a Zimbabwe made statements on June 29 and 30, 2008, finding that the elections fell short Mr. WHITEHOUSE. Mr. President, I deteriorating crisis; Whereas the gross domestic product of of accepted African Union standards, did not ask unanimous consent that the text of Zimbabwe has decreased over 40 percent in give rise to free, fair, or credible elections, the bill be printed in the RECORD. the last decade, inflation is estimated by and did not reflect the will of the people of United Nations Deputy Secretary-General Zimbabwe; There being no objection, the text of Whereas, on June 4, 2008, the Mugabe re- the bill was ordered to be printed in Asha-Rose Migiro at over 10,500,000 percent, unemployment is now over 80 percent, and gime banned the operations of non-govern- the RECORD, as follows: more than 4,000,000 people have fled the mental organizations in Zimbabwe, includ- ing those who provide food and aid to mil- S. 3259 country; Whereas presidential and parliamentary lions of Zimbabweans suffering at the result Be it enacted by the Senate and House of Rep- elections were held on March 29, 2008, in of a ZANU-PF’s policies, exacerbating the resentatives of the United States of America in Zimbabwe amidst widespread reports of vot- humanitarian crisis and leaving newly dis- Congress assembled, ing irregularities and intimidation in favor placed victims of political violence without of the ruling ZANU-PF party and Robert assistance; SECTION 1. SHORT TITLE. Mugabe; Whereas Nelson Mandela has described the This Act may be cited as the ‘‘Consumer Whereas the Zimbabwe Electoral Commis- situation in Zimbabwe as a ‘‘tragic failure of Credit Fairness Act’’. sion refused to release results, despite calls leadership,’’ while the Government of Bot- to do so by the African Union (AU), the Eu- swana has refused to recognize the election SEC. 2. EFFECTS OF HIGH COST CREDIT ON ropean Union (EU), the Republic of South Af- outcome as legitimate and has said that rep- BANKRUPTCY PROCEEDINGS. rica, the Southern African Development resentatives of the administration should be (a) DEFINITIONS.—Section 101 of title 11, Community (SADC), United Nations Sec- excluded from SADC and African Union United States Code, is amended— retary-General Ban Ki-Moon, and the United meetings; (1) by redesignating paragraph (27B) as States; Whereas the African Union passed a resolu- paragraph (27C); and Whereas the official results of the election, tion on July 1, 2008, expressing concern for (2) by inserting after paragraph (27A) the announced five weeks later, showed that the loss of life in Zimbabwe and the need to following: Robert Mugabe won 43.2 percent of the vote, initiate political dialogue to promote peace, ‘‘(27B) The term ‘high cost consumer credit while Morgan Tsvangirai, leader of the oppo- democracy, and reconciliation; transaction’ means an extension of credit by sition party Movement for Democratic Whereas the MDC reported on July 9, 2008, a ‘creditor’ (as defined in section 103 of the Change (MDC), won 47.9 percent of the vote; that 129 of its supporters have been killed Truth in Lending Act (15 U.S.C. 1602(f)), re- Whereas, in the wake of the elections, Rob- since the first round of elections, including sulting in a consumer debt that has an appli- ert Mugabe launched a brutal campaign of 20 since the runoff election, 1,500 of its activ- cable annual percentage rate (as determined state-sponsored violence against opposition ists and officials are in detention, and 5,000 in accordance with section 107(a) of the members, supporters, and other civilians in are missing or unaccounted for; and Truth in Lending Act (15 U.S.C. 1606(a)), and an attempt to consolidate his power; Whereas the Group of Eight (G8) industri- including costs and fees incurred in connec- Whereas United States Ambassador to the alized nations, at their annual summit, tion with the extension of such credit) that United Nations Zalmay Khalilzad stated on issued a joint statement on July 8, 2008, re- exceeds the lesser of— April 16, 2008, that he was ‘‘gravely con- jecting the June 27, 2008, election and legit- ‘‘(A) the sum of 15 percent and the yield on cerned about the escalating politically moti- imacy of the Mugabe regime, as well as com- United States Treasury securities having a vated violence perpetrated by security forces mitting to further measures against those 30-year period of maturity; or and ruling party militias’’; responsible for the violence: Now, therefore, ‘‘(B) 36 percent.’’. Whereas Secretary of State Condoleezza be it Rice stated on April 17, 2008, that Robert Resolved, That it is the sense of the Sen- (b) SUBORDINATION.—Section 510 of title 11, Mugabe has ‘‘done more harm to his country ate— United States Code, is amended by adding at than would have been imaginable’’ and that (1) to support the people of Zimbabwe, who the end the following: ‘‘the last years have been really an abomina- continue to face widespread violence, polit- ‘‘(d)(1) For the purpose of distribution tion’’ and called for the AU and SADC to ical repression, a humanitarian emergency, under this title, an allowed claim arising strengthen efforts to achieve a political reso- and economic adversity; from a high cost consumer credit transaction lution to the crisis; (2) to condemn the Mugabe regime for its shall be subordinated to all other claims. Whereas Human Rights Watch reported on manipulation of the country’s electoral proc- ‘‘(2) Any lien securing a claim subordi- April 19, 2008, that the Mugabe regime had ess, including the March 29, 2008, election nated under paragraph (1) shall be trans- developed a network of informal detention and the June 27, 2008, runoff election and the centers to intimidate, torture, and detain po- regime’s continued attacks against, and in- ferred to the estate.’’. litical opponents; timidation of, opposition members and sup- SEC. 3. EXCLUSION. Whereas the Mugabe regime has, in viola- porters and civil society; tion of the Vienna Convention on Diplomatic (3) to reject the results of the June 27, 2008, Section 707(b) of title 11, United States Relations, done at Vienna April 18, 1961 (23 presidential runoff election in Zimbabwe as Code, is amended by adding at the end the U.S.T. 3229), harassed United States and illegitimate because of widespread irregular- following: other diplomats in retaliation for their re- ities, systematic violence by the Mugabe re- ‘‘(8) Paragraph (2) shall not apply if the peated protest of recent violence, including gime, and the boycott of the MDC; debtor’s petition resulted from a high cost by detaining the United States ambassador’s (4) to encourage the President’s continued consumer credit transaction.’’. vehicle for several hours on May 13, 2008, and efforts to tighten and expand sanctions on

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6653 those individuals responsible for violations Whereas Russia was integrated into the G7 bility for the Russian Federation in return of human and political rights in Zimbabwe; in 1998 at the behest of President William for improved transparency and verification; (5) to applaud the Governments of Benin, Jefferson Clinton following Russian Presi- Whereas the Government of the Russian Botswana, Liberia, Kenya, Nigeria, Senegal, dent Boris Yeltsin’s decision to pursue re- Federation has attempted to undermine the Sierra Leone, and Zambia for condemning forms and assume a neutral position on the territorial integrity of the Republic of Geor- the violent derailment of the runoff election acceptance of additional members into the gia through its support of the breakaway at the African Union summit in Sharm El- North Atlantic Treaty Organization (NATO); provinces of South Ossetia and Abkhazia; Sheikh; Whereas the members of the G8 face com- Whereas the United Nations Observer Mis- (6) to encourage all members of the United mon challenges, including climate change, sion in Georgia has concluded that a mili- Nations Security Council to vote in favor of violent extremism, global economic vola- tary aircraft belonging to the Russian Fed- the proposed resolution that would authorize tility, pandemic disease, nuclear prolifera- eration shot down an unarmed Georgian a United Nations Special Representative to tion, and trafficking in narcotics, persons, drone on April 20, 2008, while flying over support the negotiations process, impose an and weapons of mass destruction; Abkhazia; international arms embargo, and strengthen Whereas President Dmitry Medvedev, Whereas the conduct of Russian trade and financial penalties on those individuals most Prime Minister Vladimir Putin, and other energy policy has created a widespread per- responsible for undermining democratic leaders of the Russian Federation have regu- ception that the Government of the Russian processes; larly expressed a desire for the Russian Fed- Federation is using oil and gas exports and (7) to encourage the African Union to ini- eration to play a leading role in inter- economic policy as a means of political pres- national affairs; tiate an inclusive political dialogue between sure on countries that seek closer ties with Whereas the Russian Federation and other both parties and deploy a protection force to the United States and Euro-Atlantic part- members of the international community all prevent attacks, assist victims, and prevent ners; stand to benefit if the Russian Federation is the security situation from further deterio- Whereas the behavior of the Russian Fed- an active, constructive partner in addressing rating; eration as it relates to several neighboring the broad range of challenges confronting (8) to urge leaders in Africa to engage di- countries has contributed to the erosion of the global community; rectly in the effort to achieve an expeditious regional peace and security; political resolution to the crisis; Whereas the Russian Federation has evi- denced the capacity and willingness to co- Whereas such actions are inconsistent with (9) to urge the United States Government the G8’s objectives of protecting global secu- and the international community to assem- operate with the United States and other na- tions in the interest of global security in cer- rity, economic stability, and democracy, ble a comprehensive economic and political hinder cooperation with the Government of recovery package for Zimbabwe in the event tain areas pertaining to arms control and weapons proliferation, notably through its the Russian Federation, and undermine the that a political resolution is reached and a standing of the Russian Federation as a re- truly democratic government is formed; and participation in the Six-Party Talks regard- ing North Korea and its support of the incen- spected member of the international commu- (10) to support a lasting democratic polit- nity; ical solution that reflects the will and re- tives package offered by leading countries to Iran if that country would suspend its ura- Whereas there has been considerable dis- spects the rights of the people of Zimbabwe, agreement between the Government of the including mechanisms to ensure that future nium enrichment program; Whereas the United States and Russia have United States and the Government of the elections are free and fair, in accordance safely deactivated and destroyed thousands Russian Federation regarding proposals to with regional and international standards. of nuclear, chemical, and biological weapons place ballistic missile defense interceptor f and provided upgraded storage and transpor- and radar sites in Poland and the Czech Re- tation of nuclear materials through the public, respectively; SENATE RESOLUTION 612—EX- Nunn-Lugar program; Whereas certain developments inside the PRESSING THE SENSE OF THE Whereas the United States and other coun- Russian Federation and the Russian Govern- SENATE THAT PRESIDENT tries participating in the June 2002 G8 Sum- ment’s conduct of domestic policy have un- dermined confidence in the Russian Federa- GEORGE W. BUSH, PRESIDENT mit in Kananaskis, Canada agreed to raise up to $20,000,000,000 over 10 years to support tion’s ability and capability to serve as a full DMITRY MEDVEDEV OF THE nonproliferation projects in Russia and other partner in the work of the international RUSSIAN FEDERATION, AND nations through the Global Partnership community; OTHER PARTICIPANTS IN THE Against the Spread of Weapons and Mate- Whereas the Department of State’s Coun- 2008 GROUP OF EIGHT (G8) SUM- rials of Mass Destruction; try Report on Human Rights Practices for MIT IN TOYAKO, HOKKAIDO, Whereas participants in the July 2006 G8 2007 stated that, in Russia, ‘‘continuing cen- JAPAN SHOULD WORK TO- Summit in St. Petersburg, Russia launched tralization of power in the executive branch, GETHER TO FOSTER A MORE the Global Initiative to Combat Nuclear Ter- a compliant State Duma, corruption and se- rorism to improve the physical protection of lectivity in enforcement of the law, media CONSTRUCTIVE RELATIONSHIP, nuclear materials, suppress illicit trafficking restrictions, and harassment of some NGOs AND THAT THE GOVERNMENT OF of such materials, and bolster the capacity of eroded the government’s accountability to THE RUSSIAN FEDERATION willing partner nations to respond to acts of its citizens.’’; SHOULD ESCHEW BEHAVIORS nuclear terrorism; Whereas, in June 2008, a report released by THAT ARE INCONSISTENT WITH Whereas the United States and the Govern- Human Rights Watch concluded that Rus- THE GROUP’S OBJECTIVES OF ment of the Russian Federation pledged in sian ‘‘law enforcement and security forces PROTECTING GLOBAL SECURITY, the April 2008 Sochi Strategic Framework involved in counterinsurgency [in the North ECONOMIC STABILITY, AND DE- Declaration to negotiate a ‘‘legally binding Caucasus] have committed dozens of post-START arrangement’’ for the purposes extrajudicial executions, summary and arbi- MOCRACY of extending provisions of the 1991 Strategic trary detentions, and acts of torture and Mr. BIDEN (for himself, Mr. KERRY, Arms Reduction Treaty; cruel, inhuman or degrading treatment’’; and Mr. CASEY) submitted the fol- Whereas, notwithstanding these successes, Whereas the Government of the Russian lowing resolution; which was consid- the potential for collaboration between the Federation has failed to successfully pros- ered and agreed to: United States and the Government of Rus- ecute individuals responsible for the murder sian Federation has been seriously under- of critics of the Kremlin, including jour- S. RES. 612 mined by the manner in which the leaders of nalist Anna Politkovskaya and Alexander Whereas the leaders of 6 major industri- the Russian Federation have conducted as- Litvinenko; alized democracies, including France, West pects of Russia’s foreign policy; Whereas the 2008 Annual Report of Report- Germany, Italy, Japan, the United Kingdom, Whereas the Government of the Russian ers without Borders noted a sharp increase and the United States, gathered in 1975 for a Federation has unilaterally suspended imple- in government pressure on the independent summit meeting in Rambouillet, France, and mentation of the 1991 Treaty on Conven- media in Russia, reporting that at least 2 for annual meetings thereafter under a ro- tional Armed Forces in Europe (CFE Treaty) journalists were forcibly sent to psychiatric tating presidency known as the Group of Six and has yet to fulfill its commitment to hospitals in 2007 and others were badly beat- (G6); withdraw Russian forces from Georgia and en or kidnapped prior to the local and par- Whereas the G6 was established based on Moldova pursuant to the 1999 Istanbul Sum- liamentary elections in 2007; the mutual interest of its members in pro- mit Declaration of the Organization for Se- Whereas Transparency International moting economic stability, global security, curity and Cooperation in Europe; ranked Russia 143 out of 179 countries for and democracy; Whereas the CFE Treaty has played a key perceived corruption in 2007; Whereas, in 1976, membership of the G6 was role in enhancing the stability of the Euro- Whereas there is increasing concern about expanded to include Canada; Atlantic region; violent nationalism and xenophobia in the Whereas the members of the G7 share a Whereas the Adapted CFE Treaty, which Russian Federation and the 2008 Annual Re- commitment to promote security, economic will not enter into force until the Russian port of the United States Commission on stability, and democracy in their respective Federation fulfills commitments made at the International Religious Freedom reports nations and around the world; Istanbul Summit, will provide greater flexi- that there has been a ‘‘sharp rise in violent

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6654 CONGRESSIONAL RECORD — SENATE July 14, 2008 crimes against persons [in Russia] on ac- try’s media in accordance with its obliga- abilities to live successfully in the commu- count of their religion or ethnicity’’; tions under the International Covenant on nity of the individual, and to avoid more Whereas, in the handling of the Yukos Oil Civil and Political Rights; costly institutional care; Company case and numerous other judicial (7) the Government and officials of the Whereas the majority of direct support actions, the Government of the Russian Fed- Russian Federation should refrain from por- professionals are female, and many are the eration has permitted the politicization of traying the North Atlantic Treaty Organiza- sole breadwinners of their families; Russia’s legal system; tion (NATO) as a threat to the Russian Fed- Whereas direct support professionals work Whereas these developments have seri- eration and fully utilize the consultative and pay taxes, but many remain impover- ously damaged international confidence in mechanisms that exist through the NATO- ished and are eligible for the same Federal the institutions and laws of the Russian Fed- Russia Council to facilitate cooperation be- and State public assistance programs on eration and hindered the ability of the tween the countries of NATO and the Rus- which the individuals with disabilities United States and other partners to work sian Federation; served by the direct support professionals with the Russian Federation in addressing a (8) the United States, in coordination with must depend; broad range of pressing global, regional, and other members of the G8, should— Whereas Federal and State policies, as well domestic challenges; (A) encourage the Government of the Rus- as the Supreme Court, in Olmstead v. L.C., Whereas the people of the Russian Federa- sian Federation to address the challenges 527 U.S. 581 (1999), assert the right of an indi- tion and the people of the United States have facing its society, including widespread cor- vidual to live in the home and community of been disadvantaged by the resulting damage ruption, a deteriorating health care system, the individual; to relations between the countries; growing instability in the North Caucasus, Whereas, in 2008, the majority of direct Whereas President Dmitry Medvedev, in an and an increasingly serious demographic cri- support professionals are employed in home interview with the Reuters News Service on sis; and and community-based settings and this trend June 25, 2008, stated that ‘‘freedom, democ- (B) stand ready to assist the people and is projected to increase over the next decade; racy and the right to private property’’ Government of the Russian Federation in Whereas there is a documented critical and should define Russia’s behavior; those efforts; growing shortage of direct support profes- Whereas the United States believes that (9) just as the United States welcomed the sionals in every community throughout the adherence on the part of the Government of increasing prosperity and political develop- United States; and the Russian Federation to the values articu- ment of Germany, Japan, and the nations Whereas many direct support professionals lated by President Medvedev would provide a Eastern Europe in the aftermath of former are forced to leave jobs due to inadequate foundation for improved cooperation with conflicts, the United States should welcome wages and benefits, creating high turnover the Russian Federation; the emergence of the Russian Federation as and vacancy rates that research dem- Whereas adherence to the values articu- a strong, successful, democratic partner in onstrates adversely affects the quality of lated by President Medvedev would also help addressing global challenges; and support to individuals with disabilities: Now, repair damage to the international reputa- (10) the leaders of the Russian Federation therefore, be it tion of the Russian Federation and advance should respect the rights of sovereign, demo- Resolved, That the Senate— the goals of security, prosperity, and rep- cratic governments in neighboring countries (1) designates the week beginning Sep- resentative governance that should be the and their prerogative to seek membership in tember 8, 2008, as ‘‘National Direct Support common ambition of all members of the G8; Euro-Atlantic institutions. Professionals Recognition Week’’; Now, therefore, be it (2) recognizes the dedication and vital role Resolved, That it is the sense of the Senate f that— of direct support professionals in enhancing SENATE RESOLUTION 613—DESIG- the lives of individuals with disabilities of (1) in order to build a more constructive re- NATING THE WEEK BEGINNING lationship with the Government of the Rus- all ages; sian Federation and its people, the President SEPTEMBER 8, 2008, AS ‘‘NA- (3) appreciates the contribution of direct of the United States and other leaders of the TIONAL DIRECT SUPPORT PRO- support professionals in supporting the needs G8 nations should— FESSIONALS RECOGNITION that reach beyond the capacities of millions (A) pursue a broad agenda of cooperation WEEK’’ of families in the United States; (4) commends direct support professionals with the leaders of the Russian Federation; Mr. NELSON of Nebraska (for him- and as integral in supporting the long-term sup- self, Ms. COLLINS, Mr. BAUCUS, Mr. (B) encourage Russia’s transformation into port and services system of the United a more liberal and democratic polity; SMITH, Mr. KERRY, Mr. ROBERTS, Mr. States; and (2) the Government of the United States DODD, Mr. HATCH, Mr. BROWN, Mr. BUN- (5) finds that the successful implementa- and the Government of the Russian Federa- NING, and Mr. BINGAMAN) submitted the tion of the public policies of the United tion should work to ensure the continued following resolution; which was consid- States depends on the dedication of direct success of Nunn-Lugar initiatives and non- ered and agreed to: support professionals. proliferation and counterterrorism programs S. RES. 613 through— f Whereas direct support workers, direct (A) additional funding; care workers, personal assistants, personal (B) access to sensitive facilities; attendants, in-home support workers, and AMENDMENTS SUBMITTED AND (C) effective safety and security measures paraprofessionals (referred to in this pre- PROPOSED to prevent proliferation of nuclear, chemical, amble as ‘‘direct support professionals’’) are and biological weapons and weapons-related SA 5073. Mr. BUNNING submitted an the primary providers of publicly funded materials and technology; and amendment intended to be proposed by him long term support and services for millions (D) cooperation between the United States to the bill S. 2731, to authorize appropria- of individuals; and Russia to enhance these objectives on a tions for fiscal years 2009 through 2013 to pro- Whereas a direct support professional must worldwide basis; vide assistance to foreign countries to com- build a close, trusted relationship with an in- (3) the Government of the United States bat HIV/AIDS, tuberculosis, and malaria, dividual with disabilities; and the Government of the Russian Federa- and for other purposes; which was ordered to Whereas a direct support professional as- tion, working within the International lie on the table. sists an individual with disabilities with the Atomic Energy Agency and United Nations SA 5074. Mrs. DOLE submitted an amend- most intimate needs, on a daily basis; Security Council, should renew demands for ment intended to be proposed by her to the Whereas direct support professionals pro- Iran to cease its nuclear enrichment activi- bill S. 2731, supra; which was ordered to lie vide a broad range of support, including— ties and fully disclose any prior weapons-re- (1) preparation of meals; on the table. lated work; (2) helping with medications; SA 5075. Mr. LUGAR (for Mr. BIDEN (for (4) the Government of the United States (3) bathing; himself and Mr. LUGAR)) submitted an and the Government of the Russian Federa- (4) dressing; amendment intended to be proposed by Mr. tion should negotiate a legally-binding suc- (5) mobility; LUGAR to the bill S. 2731, supra. cessor agreement to the 1991 Strategic Arms (6) getting to school, work, religious, and SA 5076. Mr. THUNE (for himself, Mr. KYL, Reductions Treaty and address all out- recreational activities; and Mr. JOHNSON, Mr. TESTER, and Mr. DOMENICI) standing concerns regarding the 1991 Treaty (7) general daily affairs; submitted an amendment intended to be pro- on Conventional Armed Forces in Europe; Whereas a direct support professional pro- posed by him to the bill S. 2731, supra; which (5) the leaders of the Russian Federation vides essential support to help keep an indi- was ordered to lie on the table. should adopt foreign and domestic policies vidual with disabilities connected to the SA 5077. Mr. DEMINT proposed an amend- that are consistent with ‘‘freedom, democ- family and community of the individual; ment to the bill S. 2731, supra. racy and the right to private property’’, as Whereas direct support professionals en- SA 5078. Mr. DEMINT proposed an amend- articulated by President Dmitry Medvedev; able individuals with disabilities to live ment to the bill S. 2731, supra. (6) the Government of the Russian Federa- meaningful, productive lives; SA 5079. Mr. DEMINT proposed an amend- tion should take immediate steps to restore Whereas direct support professionals are ment to amendment SA 5078 proposed by Mr. the freedom and independence of the coun- the key to allowing an individual with dis- DEMINT to the bill S. 2731, supra.

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6655 TEXT OF AMENDMENTS Sec. 205. Facilitating effective operations of ‘‘(37) Children who have lost a parent to the Centers for Disease Control. HIV/AIDS, who are otherwise directly af- SA 5073. Mr. BUNNING submitted an Sec. 206. Facilitating vaccine development. fected by the disease, or who live in areas of amendment intended to be proposed by TITLE III—BILATERAL EFFORTS high HIV prevalence may be vulnerable to him to the bill S. 2731, to authorize ap- the disease or its socioeconomic effects. propriations for fiscal years 2009 Subtitle A—General Assistance and Programs ‘‘(38) Lack of health capacity, including in- through 2013 to provide assistance to sufficient personnel and inadequate infra- foreign countries to combat HIV/AIDS, Sec. 301. Assistance to combat HIV/AIDS. Sec. 302. Assistance to combat tuberculosis. structure, in sub-Saharan Africa and other tuberculosis, malaria, and for other Sec. 303. Assistance to combat malaria. regions of the world is a critical barrier that purposes; which was ordered to lie on Sec. 304. Malaria Response Coordinator. limits the effectiveness of efforts to combat the table; as follows: Sec. 305. Amendment to Immigration and HIV/AIDS, tuberculosis, and malaria, and to Strike all after the enacting clause and in- Nationality Act. achieve other global health goals. sert the following: Sec. 306. Clerical amendment. ‘‘(39) On March 30, 2007, the Institute of SECTION 1. AUTHORIZATION OF APPROPRIA- Sec. 307. Requirements. Medicine of the National Academies released TIONS. Sec. 308. Annual report on prevention of a report entitled ‘PEPFAR Implementation: (a) IN GENERAL.—Section 401(a) of the mother-to-child transmission of Progress and Promise’, which found that United States Leadership Against HIV/AIDS, HIV. budget allocations setting percentage levels Tuberculosis, and Malaria Act of 2003 is Sec. 309. Prevention of mother-to-child for spending on prevention, care, and treat- amended by striking ‘‘2004 through 2008’’ and transmission expert panel. ment and for certain subsets of activities inserting ‘‘2009 through 2013’’. TITLE IV—FUNDING ALLOCATIONS within the prevention category— (b) MALARIA VACCINE DEVELOPMENT PRO- Sec. 401. Authorization of appropriations. ‘‘(A) have ‘adversely affected implementa- GRAMS.—Section 302(m) of the Foreign As- Sec. 402. Sense of Congress. tion of the U.S. Global AIDS Initiative’; sistance Act of 1961 (22 U.S.C. 2222(m)) is ‘‘(B) have inhibited comprehensive, inte- amended by striking ‘‘2004 through 2008’’ and Sec. 403. Allocation of funds. TITLE V—MISCELLANEOUS grated, evidence based approaches; inserting ‘‘2009 through 2013’’. ‘‘(C) ‘have been counterproductive’; Sec. 501. Machine readable visa fees. ‘‘(D) ‘may have been helpful initially in en- SA 5074. Mrs. DOLE submitted an SEC. 2. FINDINGS. amendment intended to be proposed by suring a balance of attention to activities Section 2 of the United States Leadership within the 4 categories of prevention, treat- her to the bill S. 2731, to authorize ap- Against HIV/AIDS, Tuberculosis, and Ma- ment, care, and orphans and vulnerable chil- propriations for fiscal years 2009 laria Act of 2003 (22 U.S.C. 7601) is amended dren’; through 2013 to provide assistance to by adding at the end the following: ‘‘(E) ‘have also limited PEPFAR’s ability foreign countries to combat HIV/AIDS, ‘‘(29) On May 27, 2003, the President signed to tailor its activities in each country to the tuberculosis, malaria, and for other this Act into law, launching the largest local epidemic and to coordinate with the purposes; which was ordered to lie on international public health program of its level of activities in the countries’ national the table; as follows: kind ever created. plans’; and ‘‘(30) Between 2003 and 2008, the United On page 1, line 5, strike ‘‘and Henry J. ‘‘(F) should be removed by Congress and re- States, through the President’s Emergency placed with more appropriate mechanisms Hyde’’ and insert ‘‘, Henry J. Hyde, and Jesse Plan for AIDS Relief (PEPFAR) and in con- Helms’’. that— junction with other bilateral programs and ‘‘(i) ‘ensure accountability for results from the multilateral Global Fund has helped to— SA 5075. Mr. LUGAR (for Mr. BIDEN Country Teams to the U.S. Global AIDS Co- ‘‘(A) provide antiretroviral therapy for (for himself and Mr. LUGAR)) submitted ordinator and to Congress’; and over 1,900,000 people; ‘‘(ii) ‘ensure that spending is directly an amendment intended to be proposed ‘‘(B) ensure that over 150,000 infants, most linked to and commensurate with necessary by Mr. LUGAR to the bill S. 2731, to au- of whom would have likely been infected efforts to achieve both country and overall thorize appropriations for fiscal years with HIV during pregnancy or childbirth, performance targets for prevention, treat- 2009 through 2013 to provide assistance were not infected; and ment, care, and orphans and vulnerable chil- to foreign countries to combat HIV/ ‘‘(C) provide palliative care and HIV pre- dren’. vention assistance to millions of other peo- AIDS, tuberculosis, and malaria, and ‘‘(40) The United States Government has ple. for other purposes; as follows: endorsed the principles of harmonization in ‘‘(31) While United States leadership in the Strike all after the enacting clause and in- coordinating efforts to combat HIV/AIDS battles against HIV/AIDS, tuberculosis, and sert the following: commonly referred to as the ‘Three Ones’, malaria has had an enormous impact, these SECTION 1. SHORT TITLE; TABLE OF CONTENTS. diseases continue to take a terrible toll on which includes— (a) SHORT TITLE.—This Act may be cited as ‘‘(A) 1 agreed HIV/AIDS action framework the ‘‘Tom Lantos and Henry J. Hyde United the human race. ‘‘(32) According to the 2007 AIDS Epidemic that provides the basis for coordination of States Global Leadership Against HIV/AIDS, the work of all partners; Tuberculosis, and Malaria Reauthorization Update of the Joint United Nations Pro- gramme on HIV/AIDS (UNAIDS)— ‘‘(B) 1 national HIV/AIDS coordinating au- Act of 2008’’. thority, with a broadbased multisectoral (b) TABLE OF CONTENTS.—The table of con- ‘‘(A) an estimated 2,100,000 people died of mandate; and tents for this Act is as follows: AIDS-related causes in 2007; and ‘‘(B) an estimated 2,500,000 people were ‘‘(C) 1 agreed HIV/AIDS country-level mon- Sec. 1. Short title; table of contents. itoring and evaluating system. Sec. 2. Findings. newly infected with HIV during that year. Sec. 3. Definitions. ‘‘(33) According to the World Health Orga- ‘‘(41) In the Abuja Declaration on HIV/ Sec. 4. Purpose. nization, malaria kills more than 1,000,000 AIDS, Tuberculosis and Other Related Infec- Sec. 5. Authority to consolidate and com- people per year, 70 percent of whom are chil- tious Diseases, of April 26–27, 2001 (referred bine reports. dren under 5 years of age. to in this Act as the ‘Abuja Declaration’), TITLE I—POLICY PLANNING AND ‘‘(34) According to the World Health Orga- the Heads of State and Government of the COORDINATION nization, 1⁄3 of the world’s population is in- Organization of African Unity (OAU)— ‘‘(A) declared that they would ‘place the Sec. 101. Development of an updated, com- fected with the tuberculosis bacterium, and prehensive, 5-year, global strat- tuberculosis is 1 of the greatest infectious fight against HIV/AIDS at the forefront and egy. causes of death of adults worldwide, killing as the highest priority issue in our respec- Sec. 102. Interagency working group. 1,600,000 people per year. tive national development plans’; Sec. 103. Sense of Congress. ‘‘(35) Efforts to promote abstinence, fidel- ‘‘(B) committed ‘TO TAKE PERSONAL TITLE II—SUPPORT FOR MULTILATERAL ity, the correct and consistent use of RESPONSIBILITY AND PROVIDE LEADER- FUNDS, PROGRAMS, AND PUBLIC-PRI- condoms, the delay of sexual debut, and the SHIP for the activities of the National AIDS VATE PARTNERSHIPS reduction of concurrent sexual partners rep- Commissions/Councils’; ‘‘(C) resolved ‘to lead from the front the Sec. 201. Voluntary contributions to inter- resent important elements of strategies to national vaccine funds. prevent the transmission of HIV/AIDS. battle against HIV/AIDS, Tuberculosis and Sec. 202. Participation in the Global Fund to ‘‘(36) According to UNAIDS— Other Related Infectious Diseases by person- Fight AIDS, Tuberculosis and ‘‘(A) women and girls make up nearly 60 ally ensuring that such bodies were properly Malaria. percent of persons in sub-Saharan Africa who convened in mobilizing our societies as a Sec. 203. Research on methods for women to are HIV positive; whole and providing focus for unified na- prevent transmission of HIV ‘‘(B) women and girls are more bio- tional policymaking and programme imple- and other diseases. logically, economically, and socially vulner- mentation, ensuring coordination of all sec- Sec. 204. Combating HIV/AIDS, tuberculosis, able to HIV infection; and tors at all levels with a gender perspective and malaria by strengthening ‘‘(C) gender issues are critical components and respect for human rights, particularly to health policies and health sys- in the effort to prevent HIV/AIDS and to ensure equal rights for people living with tems of partner countries. care for those affected by the disease. HIV/AIDS’; and

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6656 CONGRESSIONAL RECORD — SENATE July 14, 2008 ‘‘(D) pledged ‘to set a target of allocating ‘‘(C) emphasizing capacity building initia- paragraphs (1) through (3) of section 403(d); at least 15% of our annual budget to the im- tives in order to promote a transition toward and provement of the health sector’.’’. greater sustainability through the support of ‘‘(ii) additional treatment through coordi- SEC. 3. DEFINITIONS. country-driven efforts; nated multilateral efforts; Section 3 of the United States Leadership ‘‘(2) providing increased resources for bi- ‘‘(C) support care for 12,000,000 individuals Against HIV/AIDS, Tuberculosis, and Ma- lateral and multilateral efforts to fight HIV/ infected with or affected by HIV/AIDS, in- laria Act of 2003 (22 U.S.C. 7602) is amended— AIDS, tuberculosis, and malaria as inte- cluding 5,000,000 orphans and vulnerable chil- (1) in paragraph (2), by striking ‘‘Com- grated components of United States develop- dren affected by HIV/AIDS, with an emphasis mittee on International Relations’’ and in- ment assistance; on promoting a comprehensive, coordinated serting ‘‘Committee on Foreign Affairs of ‘‘(3) intensifying efforts to— system of services to be integrated through- the House of Representatives, the Committee ‘‘(A) prevent HIV infection; out the continuum of care; on Appropriations of the Senate, and the ‘‘(B) ensure the continued support for, and ‘‘(D) help partner countries in the effort to Committee on Appropriations’’; expanded access to, treatment and care pro- achieve goals of 80 percent access to coun- (2) by redesignating paragraph (6) as para- grams; seling, testing, and treatment to prevent the graph (12); ‘‘(C) enhance the effectiveness of preven- transmission of HIV from mother to child, (3) by redesignating paragraphs (3) through tion, treatment, and care programs; and emphasizing a continuum of care model; (5), as paragraphs (4) through (6), respec- ‘‘(D) address the particular vulnerabilities ‘‘(E) help partner countries to provide care tively; of girls and women; and treatment services to children with HIV (4) by inserting after paragraph (2) the fol- ‘‘(4) encouraging the expansion of private in proportion to their percentage within the lowing: sector efforts and expanding public-private HIV-infected population in each country; ‘‘(3) GLOBAL AIDS COORDINATOR.—The term sector partnerships to combat HIV/AIDS, tu- ‘‘(F) promote preservice training for health ‘Global AIDS Coordinator’ means the Coordi- berculosis, and malaria; professionals designed to strengthen the ca- nator of United States Government Activi- ‘‘(5) reinforcing efforts to— pacity of institutions to develop and imple- ties to Combat HIV/AIDS Globally.’’; and ‘‘(A) develop safe and effective vaccines, ment policies for training health workers to (5) by inserting after paragraph (6), as re- microbicides, and other prevention and combat HIV/AIDS, tuberculosis, and malaria; designated, the following: treatment technologies; and ‘‘(G) equip teachers with skills needed for HIV/AIDS prevention and support for persons ‘‘(7) IMPACT EVALUATION RESEARCH.—The ‘‘(B) improve diagnostics capabilities for term ‘impact evaluation research’ means the HIV/AIDS, tuberculosis, and malaria; and with, or affected by, HIV/AIDS; application of research methods and statis- ‘‘(6) helping partner countries to— ‘‘(H) provide and share best practices for tical analysis to measure the extent to ‘‘(A) strengthen health systems; combating HIV/AIDS with health profes- sionals; which change in a population-based outcome ‘‘(B) expand health workforce; and ‘‘(I) promote pediatric HIV/AIDS training can be attributed to program intervention ‘‘(C) address infrastructural weaknesses.’’. for physicians, nurses, and other health care instead of other environmental factors. SEC. 5. AUTHORITY TO CONSOLIDATE AND COM- workers, through public-private partnerships ‘‘(8) OPERATIONS RESEARCH.—The term ‘op- BINE REPORTS. if possible, including through the designa- erations research’ means the application of Section 5 of the United States Leadership tion, if appropriate, of centers of excellence social science research methods, statistical Against HIV/AIDS, Tuberculosis, and Ma- for training in pediatric HIV/AIDS preven- analysis, and other appropriate scientific laria Act of 2003 (22 U.S.C. 7604) is amended tion, care, and treatment in partner coun- methods to judge, compare, and improve by inserting ‘‘, with the exception of the 5- tries; and policies and program outcomes, from the year strategy’’ before the period at the end. ‘‘(J) help partner countries to train and earliest stages of defining and designing pro- TITLE I—POLICY PLANNING AND support retention of health care profes- grams through their development and imple- COORDINATION sionals and paraprofessionals, with the tar- mentation, with the objective of the rapid SEC. 101. DEVELOPMENT OF AN UPDATED, COM- get of training and retaining at least 140,000 dissemination of conclusions and concrete PREHENSIVE, 5-YEAR, GLOBAL new health care professionals and para- impact on programming. STRATEGY. professionals with an emphasis on training ‘‘(9) PARAPROFESSIONAL.—The term ‘para- (a) STRATEGY.—Section 101(a) of the United and in country deployment of critically professional’ means an individual who is States Leadership Against HIV/AIDS, Tuber- needed doctors and nurses and to strengthen trained and employed as a health agent for culosis, and Malaria Act of 2003 (22 U.S.C. capacities in developing countries, especially the provision of basic assistance in the iden- 7611(a)) is amended to read as follows: in sub-Saharan Africa, to deliver primary tification, prevention, or treatment of ill- ‘‘(a) STRATEGY.—The President shall estab- health care with the objective of helping ness or disability. lish a comprehensive, integrated, 5-year countries achieve staffing levels of at least ‘‘(10) PARTNER GOVERNMENT.—The term strategy to expand and improve efforts to 2.3 doctors, nurses, and midwives per 1,000 ‘partner government’ means a government combat global HIV/AIDS. This strategy population, as called for by the World Health with which the United States is working to shall— Organization; provide assistance to combat HIV/AIDS, tu- ‘‘(1) further strengthen the capability of ‘‘(5) include multisectoral approaches and berculosis, or malaria on behalf of people liv- the United States to be an effective leader of specific strategies to treat individuals in- ing within the jurisdiction of such govern- the international campaign against this dis- fected with HIV/AIDS and to prevent the fur- ment. ease and strengthen the capacities of nations ther transmission of HIV infections, with a ‘‘(11) PROGRAM MONITORING.—The term experiencing HIV/AIDS epidemics to combat particular focus on the needs of families with ‘program monitoring’ means the collection, this disease; children (including the prevention of moth- analysis, and use of routine program data to ‘‘(2) maintain sufficient flexibility and re- er-to-child transmission), women, young peo- determine— main responsive to— ple, orphans, and vulnerable children; ‘‘(A) how well a program is carried out; and ‘‘(A) changes in the epidemic; ‘‘(6) establish a timetable with annual ‘‘(B) how much the program costs.’’. ‘‘(B) challenges facing partner countries in global treatment targets with country-level SEC. 4. PURPOSE. developing and implementing an effective benchmarks for antiretroviral treatment; Section 4 of the United States Leadership national response; and ‘‘(7) expand the integration of timely and Against HIV/AIDS, Tuberculosis, and Ma- ‘‘(C) evidence-based improvements and in- relevant research within the prevention, laria Act of 2003 (22 U.S.C. 7603) is amended novations in the prevention, care, and treat- care, and treatment of HIV/AIDS; to read as follows: ment of HIV/AIDS; ‘‘(8) include a plan for program monitoring, ‘‘SEC. 4. PURPOSE. ‘‘(3) situate United States efforts to com- operations research, and impact evaluation ‘‘The purpose of this Act is to strengthen bat HIV/AIDS, tuberculosis, and malaria and for the dissemination of a best practices and enhance United States leadership and within the broader United States global report to highlight findings; the effectiveness of the United States re- health and development agenda, establishing ‘‘(9) support the in-country or intra-re- sponse to the HIV/AIDS, tuberculosis, and a roadmap to link investments in specific gional training, preferably through public- malaria pandemics and other related and disease programs to the broader goals of private partnerships, of scientific investiga- preventable infectious diseases as part of the strengthening health systems and infrastruc- tors, managers, and other staff who are capa- overall United States health and develop- ture and to integrate and coordinate HIV/ ble of promoting the systematic uptake of ment agenda by— AIDS, tuberculosis, or malaria programs clinical research findings and other evi- ‘‘(1) establishing comprehensive, coordi- with other health or development programs, dence-based interventions into routine prac- nated, and integrated 5-year, global strate- as appropriate; tice, with the goal of improving the quality, gies to combat HIV/AIDS, tuberculosis, and ‘‘(4) provide a plan to— effectiveness, and local leadership of HIV/ malaria by— ‘‘(A) prevent 12,000,000 new HIV infections AIDS health care; ‘‘(A) building on progress and successes to worldwide; ‘‘(10) expand and accelerate research on date; ‘‘(B) support— and development of HIV/AIDS prevention ‘‘(B) improving harmonization of United ‘‘(i) the increase in the number of individ- methods for women, including enhancing States efforts with national strategies of uals with HIV/AIDS receiving antiretroviral inter-agency collaboration, staffing, and or- partner governments and other public and treatment above the goal established under ganizational infrastructure dedicated to private entities; and section 402(a)(3) and increased pursuant to microbicide research;

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6657 ‘‘(11) provide for consultation with local ‘‘(A) addresses the vulnerabilities that con- effort to combat HIV/AIDS during the 10- leaders and officials to develop prevention tribute to their elevated risk of infection; year period beginning on October 1, 2013.’’. strategies and programs that are tailored to ‘‘(B) includes specific goals and targets to (b) REPORT.—Section 101(b) of such Act (22 the unique needs of each country and com- address these factors; U.S.C. 7611(b)) is amended to read as follows: munity and targeted particularly toward ‘‘(C) provides clear guidance to field mis- ‘‘(b) REPORT.— those most at risk of acquiring HIV infec- sions to integrate gender across prevention, ‘‘(1) IN GENERAL.—Not later than October 1, tion; care, and treatment programs; 2009, the President shall submit a report to ‘‘(12) make the reduction of HIV/AIDS be- ‘‘(D) sets forth gender-specific indicators the appropriate congressional committees havioral risks a priority of all prevention ef- to monitor progress on outcomes and im- that sets forth the strategy described in sub- forts by— pacts of gender programs; section (a). ‘‘(E) supports efforts in countries in which ‘‘(A) promoting abstinence from sexual ac- ‘‘(2) CONTENTS.—The report required under tivity and encouraging monogamy and faith- women or orphans lack inheritance rights paragraph (1) shall include a discussion of fulness; and other fundamental protections to pro- the following elements: ‘‘(B) encouraging the correct and con- mote the passage, implementation, and en- ‘‘(A) The purpose, scope, methodology, and sistent use of male and female condoms and forcement of such laws; general and specific objectives of the strat- increasing the availability of, and access to, ‘‘(F) supports life skills training, espe- egy. cially among women and girls, with the goal these commodities; ‘‘(B) The problems, risks, and threats to of reducing vulnerabilities to HIV/AIDS; ‘‘(C) promoting the delay of sexual debut the successful pursuit of the strategy. ‘‘(G) addresses and prevents gender-based and the reduction of multiple concurrent ‘‘(C) The desired goals, objectives, activi- violence; and sexual partners; ties, and outcome-related performance meas- ‘‘(H) addresses the posttraumatic and psy- ‘‘(D) promoting education for discordant ures of the strategy. chosocial consequences and provides couples (where an individual is infected with ‘‘(D) A description of future costs and re- postexposure prophylaxis protecting against HIV and the other individual is uninfected or sources needed to carry out the strategy. HIV infection to victims of gender-based vio- whose status is unknown) about safer sex ‘‘(E) A delineation of United States Gov- lence and rape; practices; ernment roles, responsibility, and coordina- ‘‘(21) provide a plan to— ‘‘(E) promoting voluntary counseling and ‘‘(A) determine the local factors that may tion mechanisms of the strategy. testing, addiction therapy, and other preven- put men and boys at elevated risk of con- ‘‘(F) A description of the strategy— tion and treatment tools for illicit injection tracting or transmitting HIV; ‘‘(i) to promote harmonization of United drug users and other substance abusers; ‘‘(B) address male norms and behaviors to States assistance with that of other inter- ‘‘(F) educating men and boys about the reduce these risks, including by reducing al- national, national, and private actors as elu- risks of procuring sex commercially and cohol abuse; cidated in the ‘Three Ones’; and about the need to end violent behavior to- ‘‘(C) promote responsible male behavior; ‘‘(ii) to address existing challenges in har- ward women and girls; and monization and alignment. ‘‘(G) supporting partner country and com- ‘‘(D) promote male participation and lead- ‘‘(G) A description of the manner in which munity efforts to identify and address social, ership at the community level in efforts to the strategy will— economic, or cultural factors, such as migra- promote HIV prevention, reduce stigma, pro- ‘‘(i) further the development and imple- tion, urbanization, conflict, gender-based vi- mote participation in voluntary counseling mentation of the national multisectoral olence, lack of empowerment for women, and and testing, and provide care, treatment, and strategic HIV/AIDS frameworks of partner transportation patterns, which directly con- support for persons with HIV/AIDS; governments; and tribute to the transmission of HIV; ‘‘(22) provide a plan to address the ‘‘(ii) enhance the centrality, effectiveness, ‘‘(H) supporting comprehensive programs vulnerabilities and needs of orphans and and sustainability of those national plans. to promote alternative livelihoods, safety, children who are vulnerable to, or affected ‘‘(H) A description of how the strategy will and social reintegration strategies for com- by, HIV/AIDS; seek to achieve the specific targets described mercial sex workers and their families; ‘‘(23) encourage partner countries to de- in subsection (a) and other targets, as appro- ‘‘(I) promoting cooperation with law en- velop health care curricula and promote ac- priate. forcement to prosecute offenders of traf- cess to training tailored to individuals re- ‘‘(I) A description of, and rationale for, the ficking, rape, and sexual assault crimes with ceiving services through, or exiting from, ex- timetable for annual global treatment tar- the goal of eliminating such crimes; and isting programs geared to orphans and vul- gets with country-level estimates of numbers ‘‘(J) working to eliminate rape, gender- nerable children; of persons in need of antiretroviral treat- based violence, sexual assault, and the sex- ‘‘(24) provide a framework to work with ment, country-level benchmarks for United ual exploitation of women and children; international actors and partner countries States support for assistance for ‘‘(13) include programs to reduce the trans- toward universal access to HIV/AIDS preven- antiretroviral treatment, and numbers of mission of HIV, particularly addressing the tion, treatment, and care programs, recog- persons enrolled in antiretroviral treatment heightened vulnerabilities of women and nizing that prevention is of particular impor- programs receiving United States support. If girls to HIV in many countries; and tance; global benchmarks are not achieved within ‘‘(14) support other important means of ‘‘(25) enhance the coordination of United the reporting period, the report shall include preventing or reducing the transmission of States bilateral efforts to combat global a description of steps being taken to ensure HIV, including— HIV/AIDS with other major public and pri- that global benchmarks will be achieved and ‘‘(A) medical male circumcision; vate entities; a detailed breakdown and justification of ‘‘(B) the maintenance of a safe blood sup- ‘‘(26) enhance the attention given to the spending priorities in countries in which ply; and national strategic HIV/AIDS plans of coun- benchmarks are not being met, including a ‘‘(C) other mechanisms to reduce the trans- tries receiving United States assistance by— description of other donor or national sup- mission of HIV; ‘‘(A) reviewing the planning and pro- port for antiretroviral treatment in the ‘‘(15) increase support for prevention of grammatic decisions associated with that as- country, if appropriate. mother-to-child transmission; sistance; and ‘‘(J) A description of how operations re- ‘‘(16) build capacity within the public ‘‘(B) helping to strengthen such national search is addressed in the strategy and how health sector of developing countries by im- strategies, if necessary; such research can most effectively be inte- proving health systems and public health in- ‘‘(27) support activities described in the grated into care, treatment, and prevention frastructure and developing indicators to Global Plan to Stop TB, including— activities in order to— measure changes in broader public health ‘‘(A) expanding and enhancing the coverage ‘‘(i) improve program quality and effi- sector capabilities; of the Directly Observed Treatment Short- ciency; ‘‘(17) increase the coordination of HIV/ course (DOTS) in order to treat individuals ‘‘(ii) ascertain cost effectiveness; AIDS programs with development programs; infected with tuberculosis and HIV, includ- ‘‘(iii) ensure transparency and account- ‘‘(18) provide a framework for expanding or ing multi-drug resistant or extensively drug ability; developing existing or new country or re- resistant tuberculosis; and ‘‘(iv) assess population-based impact; gional programs, including— ‘‘(B) improving coordination and integra- ‘‘(v) disseminate findings and best prac- ‘‘(A) drafting compacts or other agree- tion of HIV/AIDS and tuberculosis program- tices; and ments, as appropriate; ming; ‘‘(vi) optimize delivery of services. ‘‘(B) establishing criteria and objectives ‘‘(28) ensure coordination between the ‘‘(K) An analysis of United States-assisted for such compacts and agreements; and Global AIDS Coordinator and the Malaria strategies to prevent the transmission of ‘‘(C) promoting sustainability; Coordinator and address issues of comor- HIV/AIDS, including methodologies to pro- ‘‘(19) provide a plan for national and re- bidity between HIV/AIDS and malaria; and mote abstinence, monogamy, faithfulness, gional priorities for resource distribution ‘‘(29) include a longer term estimate of the the correct and consistent use of male and and a global investment plan by region; projected resource needs, progress toward female condoms, reductions in concurrent ‘‘(20) provide a plan to address the imme- greater sustainability and country owner- sexual partners, and delay of sexual debut, diate and ongoing needs of women and girls, ship of HIV/AIDS programs, and the antici- and of intended monitoring and evaluation which— pated role of the United States in the global approaches to measure the effectiveness of

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6658 CONGRESSIONAL RECORD — SENATE July 14, 2008 prevention programs and ensure that they ‘‘(iv) the relationship between such com- ‘‘(vii) an evaluation of the impact of pro- are targeted to appropriate audiences. pacts or agreements and the national HIV/ grams and activities authorized in this Act ‘‘(L) Within the analysis required under AIDS and public health strategies and com- on child mortality; and subparagraph (K), an examination of addi- mitments of partner countries. ‘‘(viii) recommendations for improving the tional planned means of preventing the ‘‘(T) A strategy to better coordinate HIV/ programs referred to in subparagraph (A)(i). transmission of HIV including medical male AIDS assistance with nutrition and food as- ‘‘(C) METHODOLOGIES.—Assessments and circumcision, maintenance of a safe blood sistance programs. impact evaluations conducted under the supply, and other tools. ‘‘(U) A description of transnational or re- study shall utilize sound statistical methods ‘‘(M) A description of efforts to assist part- gional initiatives to combat regionalized and techniques for the behavioral sciences, ner country and community to identify and epidemics in highly affected areas such as including random assignment methodologies address social, economic, or cultural factors, the Caribbean. as feasible. Qualitative data on process vari- such as migration, urbanization, conflict, ‘‘(V) A description of planned resource dis- ables should be used for assessments and im- gender-based violence, lack of empowerment tribution and global investment by region. pact evaluations, wherever possible. for women, and transportation patterns, ‘‘(W) A description of coordination efforts ‘‘(3) CONTRACT AUTHORITY.—The Institute which directly contribute to the trans- in order to better implement the Stop TB of Medicine may enter into contracts or co- mission of HIV. Strategy and to address the problem of co- operative agreements or award grants to ‘‘(N) A description of the specific targets, infection of HIV/AIDS and tuberculosis and conduct the study under paragraph (2). goals, and strategies developed to address of projected challenges or barriers to suc- ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— the needs and vulnerabilities of women and cessful implementation. There are authorized to be appropriated such girls to HIV/AIDS, including— ‘‘(X) A description of coordination efforts sums as may be necessary to carry out the ‘‘(i) activities directed toward men and to address malaria and comorbidity with ma- study under this subsection.’’. boys; laria and HIV/AIDS.’’. (d) REPORT.—Section 101 of such Act, as ‘‘(ii) activities to enhance educational, (c) STUDY.—Section 101(c) of such Act (22 amended by this section, is further amended microfinance, and livelihood opportunities U.S.C. 7611(c)) is amended to read as follows: by adding at the end the following: for women and girls; ‘‘(c) STUDY OF PROGRESS TOWARD ACHIEVE- ‘‘(d) COMPTROLLER GENERAL REPORT.— ‘‘(iii) activities to promote and protect the MENT OF POLICY OBJECTIVES.— ‘‘(1) REPORT REQUIRED.—Not later than 3 legal empowerment of women, girls, and or- ‘‘(1) DESIGN AND BUDGET PLAN FOR DATA years after the date of the enactment of the phans and vulnerable children; EVALUATION.—The Global AIDS Coordinator Tom Lantos and Henry J. Hyde United ‘‘(iv) programs targeted toward gender- shall enter into a contract with the Institute States Global Leadership Against HIV/AIDS, based violence and sexual coercion; of Medicine of the National Academies that Tuberculosis, and Malaria Reauthorization ‘‘(v) strategies to meet the particular provides that not later than 18 months after Act of 2008, the Comptroller General of the needs of adolescents; the date of the enactment of the Tom Lantos United States shall submit a report on the ‘‘(vi) assistance for victims of rape, sexual and Henry J. Hyde United States Global global HIV/AIDS programs of the United abuse, assault, exploitation, and trafficking; Leadership Against HIV/AIDS, Tuberculosis, States to the appropriate congressional com- and and Malaria Reauthorization Act of 2008, the mittees. ‘‘(vii) programs to prevent alcohol abuse. Institute, in consultation with the Global ‘‘(2) CONTENTS.—The report required under ‘‘(O) A description of strategies to address AIDS Coordinator and other relevant parties paragraph (1) shall include— male norms and behaviors that contribute to representing the public and private sector, ‘‘(A) a description and assessment of the the transmission of HIV, to promote respon- shall provide the Global AIDS Coordinator monitoring and evaluation practices and sible male behavior, and to promote male with a design plan and budget for the evalua- policies in place for these programs; participation and leadership in HIV/AIDS tion and collection of baseline and subse- ‘‘(B) an assessment of coordination within prevention, care, treatment, and voluntary quent data to address the elements set forth Federal agencies involved in these programs, counseling and testing. in paragraph (2)(B). The Global AIDS Coordi- examining both internal coordination within ‘‘(P) A description of strategies— nator shall submit the budget and design these programs and integration with the ‘‘(i) to address the needs of orphans and plan to the appropriate congressional com- larger global health and development agenda vulnerable children, including an analysis mittees. of the United States; of— ‘‘(2) STUDY.— ‘‘(C) an assessment of procurement policies ‘‘(I) factors contributing to children’s vul- ‘‘(A) IN GENERAL.—Not later than 4 years and practices within these programs; nerability to HIV/AIDS; and after the date of the enactment of the Tom ‘‘(D) an assessment of harmonization with ‘‘(II) vulnerabilities caused by the impact Lantos and Henry J. Hyde United States national government HIV/AIDS and public of HIV/AIDS on children and their families; Global Leadership Against HIV/AIDS, Tuber- health strategies as well as other inter- and culosis, and Malaria Reauthorization Act of national efforts; ‘‘(ii) in areas of higher HIV/AIDS preva- 2008, the Institute of Medicine of the Na- ‘‘(E) an assessment of the impact of global lence, to promote a community-based ap- tional Academies shall publish a study that HIV/AIDS funding and programs on other proach to vulnerability, maximizing commu- includes— United States global health programming; nity input into determining which children ‘‘(i) an assessment of the performance of and participate. United States-assisted global HIV/AIDS pro- ‘‘(F) recommendations for improving the ‘‘(Q) A description of capacity-building ef- grams; and global HIV/AIDS programs of the United forts undertaken by countries themselves, ‘‘(ii) an evaluation of the impact on health States. including adherents of the Abuja Declaration of prevention, treatment, and care efforts ‘‘(e) BEST PRACTICES REPORT.— and an assessment of the impact of Inter- that are supported by United States funding, ‘‘(1) IN GENERAL.—Not later than 1 year national Monetary Fund macroeconomic and including multilateral and bilateral pro- after the date of the enactment of the Tom fiscal policies on national and donor invest- grams involving joint operations. Lantos and Henry J. Hyde United States ments in health. ‘‘(B) CONTENT.—The study conducted under Global Leadership Against HIV/AIDS, Tuber- ‘‘(R) A description of the strategy to— this paragraph shall include— culosis, and Malaria Reauthorization Act of ‘‘(i) strengthen capacity building within ‘‘(i) an assessment of progress toward pre- 2008, and annually thereafter, the Global the public health sector; vention, treatment, and care targets; AIDS Coordinator shall publish a best prac- ‘‘(ii) improve health care in those coun- ‘‘(ii) an assessment of the effects on health tices report that highlights the programs re- tries; systems, including on the financing and ceiving financial assistance from the United ‘‘(iii) help countries to develop and imple- management of health systems and the qual- States that have the potential for replica- ment national health workforce strategies; ity of service delivery and staffing; tion or adaption, particularly at a low cost, ‘‘(iv) strive to achieve goals in training, re- ‘‘(iii) an assessment of efforts to address across global AIDS programs, including taining, and effectively deploying health gender-specific aspects of HIV/AIDS, includ- those that focus on both generalized and lo- staff; ing gender related constraints to accessing calized epidemics. ‘‘(v) promote the use of codes of conduct services and addressing underlying social ‘‘(2) DISSEMINATION OF FINDINGS.— for ethical recruiting practices for health and economic vulnerabilities of women and ‘‘(A) PUBLICATION ON INTERNET WEBSITE.— care workers; and men; The Global AIDS Coordinator shall dissemi- ‘‘(vi) increase the sustainability of health ‘‘(iv) an evaluation of the impact of treat- nate the full findings of the annual best programs. ment and care programs on 5-year survival practices report on the Internet website of ‘‘(S) A description of the criteria for selec- rates, drug adherence, and the emergence of the Office of the Global AIDS Coordinator. tion, objectives, methodology, and structure drug resistance; ‘‘(B) DISSEMINATION GUIDANCE.—The Global of compacts or other framework agreements ‘‘(v) an evaluation of the impact of preven- AIDS Coordinator shall develop guidance to with countries or regional organizations, in- tion programs on HIV incidence in relevant ensure timely submission and dissemination cluding— population groups; of significant information regarding best ‘‘(i) the role of civil society; ‘‘(vi) an evaluation of the impact on child practices with respect to global AIDS pro- ‘‘(ii) the degree of transparency; health and welfare of interventions author- grams. ‘‘(iii) benchmarks for success of such com- ized under this Act on behalf of orphans and ‘‘(f) INSPECTORS GENERAL.— pacts or agreements; and vulnerable children; ‘‘(1) OVERSIGHT PLAN.—

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‘‘(A) DEVELOPMENT.—The Inspectors Gen- nently displayed by each program receiving (E) in subclause (IX), as redesignated by eral of the Department of State and Broad- funds under this Act, that— subparagraph (C)— casting Board of Governors, the Department ‘‘(1) demonstrates that the program is a (i) by inserting ‘‘Vietnam,’’ after ‘‘Ugan- of Health and Human Services, and the commitment by citizens of the United States da,’’; United States Agency for International De- to the global fight against HIV/AIDS, tuber- (ii) by inserting after ‘‘of 2003’’ the fol- velopment shall jointly develop 5 coordi- culosis, and malaria; and lowing: ‘‘and other countries in which the nated annual plans for oversight activity in ‘‘(2) enhances awareness by program recipi- United States is implementing HIV/AIDS each of the fiscal years 2009 through 2013, ents that the program is an effort on behalf programs as part of its foreign assistance with regard to the programs authorized of the citizens of the United States.’’. program’’; and under this Act and sections 104A, 104B, and SEC. 102. INTERAGENCY WORKING GROUP. (iii) by adding at the end the following: ‘‘In 104C of the Foreign Assistance Act of 1961 (22 Section 1(f)(2) of the State Department designating additional countries under this U.S.C. 2151b–2, 2151b–3, and 2151b–4). Basic Authorities Act of 1956 (22 U.S.C. subparagraph, the President shall give pri- ‘‘(B) CONTENTS.—The plans developed under 2651a(f)(2)) is amended— ority to those countries in which there is a subparagraph (A) shall include a schedule for (1) in subparagraph (A), by inserting ‘‘, high prevalence of HIV or risk of signifi- financial audits, inspections, and perform- partner country finance, health, and other cantly increasing incidence of HIV within ance reviews, as appropriate. relevant ministries,’’ after ‘‘community the general population and inadequate finan- ‘‘(C) DEADLINE.— based organizations)’’ each place it appears; cial means within the country.’’; ‘‘(i) INITIAL PLAN.—The first plan developed (2) in subparagraph (B)(ii)— (F) by inserting after subclause (IX), as re- under subparagraph (A) shall be completed (A) by striking subclauses (IV) and (V); designated by subparagraph (C), the fol- not later than the later of— (B) by inserting after subclause (III) the lowing: ‘‘(I) September 1, 2008; or following: ‘‘(X) Working with partner countries in ‘‘(II) 60 days after the date of the enact- ‘‘(IV) Establishing an interagency working which the HIV/AIDS epidemic is prevalent ment of the Tom Lantos and Henry J. Hyde group on HIV/AIDS headed by the Global among injection drug users to establish, as a United States Global Leadership Against AIDS Coordinator and comprised of rep- national priority, national HIV/AIDS preven- HIV/AIDS, Tuberculosis, and Malaria Reau- resentatives from the United States Agency tion programs. thorization Act of 2008. for International Development and the De- ‘‘(XI) Working with partner countries in ‘‘(ii) SUBSEQUENT PLANS.—Each of the last partment of Health and Human Services, for which the HIV/AIDS epidemic is prevalent four plans developed under subparagraph (A) the purposes of coordination of activities re- among individuals involved in commercial shall be completed not later than 30 days be- lating to HIV/AIDS, including— sex acts to establish, as a national priority, fore each of the fiscal years 2010 through ‘‘(aa) meeting regularly to review progress national prevention programs, including 2013, respectively. in partner countries toward HIV/AIDS pre- education, voluntary testing, and coun- ‘‘(2) COORDINATION.—In order to avoid du- vention, treatment, and care objectives; seling, and referral systems that link HIV/ plication and maximize efficiency, the In- ‘‘(bb) participating in the process of identi- AIDS programs with programs to eradicate spectors General described in paragraph (1) fying countries to consider for increased as- trafficking in persons and support alter- shall coordinate their activities with— sistance based on the epidemiology of HIV/ natives to prostitution.’’; ‘‘(A) the Government Accountability Of- AIDS in those countries, including clear evi- (G) in subclause (XII), as redesignated by fice; and dence of a public health threat, as well as subparagraph (C), by striking ‘‘funds sec- ‘‘(B) the Inspectors General of the Depart- government commitment to address the HIV/ tion’’ and inserting ‘‘funds appropriated for AIDS problem, relative need, and coordina- ment of Commerce, the Department of De- HIV/ AIDS assistance pursuant to the au- tion and joint planning with other signifi- fense, the Department of Labor, and the thorization of appropriations under section cant actors; Peace Corps, as appropriate, pursuant to the 401 of the United States Leadership Against ‘‘(cc) assisting the Coordinator in the eval- 2004 Memorandum of Agreement Coordi- HIV/AIDS, Tuberculosis, and Malaria Act of uation, execution, and oversight of country nating Audit Coverage of Programs and Ac- 2003 (22 U.S.C. 7671)’’; and operational plans; tivities Implementing the President’s Emer- (H) by adding at the end the following: ‘‘(dd) reviewing policies that may be obsta- gency Plan for AIDS Relief, or any successor ‘‘(XIII) Publicizing updated drug pricing cles to reaching targets set forth for HIV/ agreement. data to inform the purchasing decisions of AIDS prevention, treatment, and care; and ‘‘(3) FUNDING.—The Global AIDS Coordi- pharmaceutical procurement partners.’’. ‘‘(ee) consulting with representatives from nator and the Coordinator of the United additional relevant agencies, including the SEC. 103. SENSE OF CONGRESS. States Government Activities to Combat National Institutes of Health, the Health Re- Section 102 of the United States Leader- Malaria Globally shall make available nec- sources and Services Administration, the De- ship Against HIV/AIDS, Tuberculosis, and essary funds not exceeding $15,000,000 during partment of Labor, the Department of Agri- Malaria Act of 2003 (22 U.S.C. 7612) is amend- the 5-year period beginning on October 1, culture, the Millennium Challenge Corpora- ed by adding at the end the following: 2008 to the Inspectors General described in tion, the Peace Corps, and the Department of ‘‘(d) SENSE OF CONGRESS.—It is the sense of paragraph (1) for the audits, inspections, and Defense. Congress that— reviews described in that paragraph.’’. ‘‘(V) Coordinating overall United States ‘‘(1) full-time country level coordinators, (e) ANNUAL STUDY; MESSAGE.—Section 101 HIV/AIDS policy and programs, including en- preferably with management experience, of such Act, as amended by this section, is suring the coordination of relevant executive should head each HIV/AIDS country team for further amended by adding at the end the branch agency activities in the field, with ef- United States missions overseeing signifi- following: forts led by partner countries, and with the cant HIV/AIDS programs; ‘‘(g) ANNUAL STUDY.— assistance provided by other relevant bilat- ‘‘(2) foreign service nationals provide criti- ‘‘(1) IN GENERAL.—Not later than Sep- eral and multilateral aid agencies and other cally important services in the design and tember 30, 2009, and annually thereafter donor institutions to promote harmonization implementation of United States country- through September 30, 2013, the Global AIDS with other programs aimed at preventing level HIV/AIDS programs and their skills Coordinator shall complete a study of treat- and treating HIV/AIDS and other health and experience as public health professionals ment providers that— challenges, improving primary health, ad- should be recognized within hiring and com- ‘‘(A) represents a range of countries and dressing food security, promoting education pensation practices; and service environments; and development, and strengthening health ‘‘(3) staffing levels for United States coun- ‘‘(B) estimates the per-patient cost of care systems.’’; try-level HIV/AIDS teams should be ade- antiretroviral HIV/AIDS treatment and the (C) by redesignating subclauses (VII) and quately maintained to fulfill oversight and care of people with HIV/AIDS not receiving VIII) as subclauses (IX) and (XII), respec- other obligations of the positions.’’. antiretroviral treatment, including a com- tively; parison of the costs for equivalent services (D) by inserting after subclause (VI) the TITLE II—SUPPORT FOR MULTILATERAL provided by programs not receiving assist- following: FUNDS, PROGRAMS, AND PUBLIC-PRI- ance under this Act; ‘‘(VII) Holding annual consultations with VATE PARTNERSHIPS ‘‘(C) estimates per-patient costs across the nongovernmental organizations in partner SEC. 201. VOLUNTARY CONTRIBUTIONS TO program and in specific categories of service countries that provide services to improve INTERNATIONAL VACCINE FUNDS. providers, including— health, and advocating on behalf of the indi- Section 302 of the Foreign Assistance Act ‘‘(i) urban and rural providers; viduals with HIV/AIDS and those at par- of 1961 (22 U.S.C. 2222) is amended— ‘‘(ii) country-specific providers; and ticular risk of contracting HIV/AIDS, includ- (1) by inserting after subsection (c) the fol- ‘‘(iii) other subcategories, as appropriate. ing organizations with members who are liv- lowing: ‘‘(2) PUBLICATION.—Not later than 90 days ing with HIV/AIDS. ‘‘(d) TUBERCULOSIS VACCINE DEVELOPMENT after the completion of each study under ‘‘(VIII) Ensuring, through interagency and PROGRAMS.—In addition to amounts other- paragraph (1), the Global AIDS Coordinator international coordination, that HIV/AIDS wise available under this section, there are shall make the results of such study avail- programs of the United States are coordi- authorized to be appropriated to the Presi- able on a publicly accessible Web site. nated with, and complementary to, the deliv- dent such sums as may be necessary for each ‘‘(h) MESSAGE.—The Global AIDS Coordi- ery of related global health, food security, of the fiscal years 2009 through 2013, which nator shall develop a message, to be promi- development, and education.’’; shall be used for United States contributions

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6660 CONGRESSIONAL RECORD — SENATE July 14, 2008 to tuberculosis vaccine development pro- ‘‘(i) the amount of funds disbursed to each (II) by striking ‘‘fiscal years 2004 through grams, which may include the Aeras Global subrecipient on the grant’s fiscal cycle; and 2008’’ and inserting ‘‘fiscal years 2009 through TB Vaccine Foundation.’’; ‘‘(ii) the distribution of resources, by grant 2013’’; and (2) in subsection (k)— and principal recipient, for prevention, care, (III) by striking ‘‘prior to fiscal year 2004’’ (A) by striking ‘‘fiscal years 2004 through treatment, drug and commodity purchases, and inserting ‘‘before fiscal year 2009’’; 2008’’ and inserting ‘‘fiscal years 2009 through and other purposes; (B) in subparagraph (B)(iv), by striking 2013’’; and ‘‘(F) relevant national authorities in re- ‘‘fiscal years 2004 through 2008’’ and inserting (B) by striking ‘‘Vaccine Fund’’ and insert- cipient countries should exempt from duties ‘‘fiscal years 2009 through 2013’’; and ing ‘‘GAVI Fund’’. and taxes all products financed by Global (C) in subparagraph (C)(ii), by striking (3) in subsection (l), by striking ‘‘fiscal Fund grants and procured by any principal ‘‘Committee on International Relations’’ and years 2004 through 2008’’ and inserting ‘‘fiscal recipient or subrecipient for the purpose of inserting ‘‘Committee on Foreign Affairs’’; years 2009 through 2013’’; and carrying out such grants; and (4) in subsection (m), by striking ‘‘fiscal ‘‘(G) the Global Fund, UNAIDS, and the (3) by adding at the end the following: years 2004 through 2008’’ and inserting ‘‘fiscal Global AIDS Coordinator should work to- ‘‘(5) WITHHOLDING FUNDS.—Notwithstanding years 2009 through 2013’’. gether to standardize program indicators any other provision of this Act, 20 percent of SEC. 202. PARTICIPATION IN THE GLOBAL FUND wherever possible; the amounts appropriated pursuant to this TO FIGHT AIDS, TUBERCULOSIS AND ‘‘(H) for purposes of evaluating total Act for a contribution to support the Global MALARIA. amounts of funds contributed to the Global Fund for each of the fiscal years 2010 through (a) FINDINGS; SENSE OF CONGRESS.—Section Fund under subsection (d)(4)(A)(i), the time- 2013 shall be withheld from obligation to the 202(a) of the United States Leadership table for evaluations of contributions from Global Fund until the Secretary of State cer- Against HIV/AIDS, Tuberculosis, and Ma- sources other than the United States should tifies to the appropriate congressional com- laria Act of 2003 (22 U.S.C. 7622(a)) is amend- take into account the fiscal calendars of mittees that the Global Fund— ed to read as follows: other major contributors; and ‘‘(A) has established an evaluation frame- ‘‘(a) FINDINGS; SENSE OF CONGRESS.— ‘‘(I) the Global Fund should not support ac- work for the performance of Local Fund ‘‘(1) FINDINGS.—Congress makes the fol- Agents (referred to in this paragraph as lowing findings: tivities involving the ‘Affordable Medicines Facility-Malaria’ or similar entities pending ‘LFAs’); ‘‘(A) The establishment of the Global Fund ‘‘(B) is undertaking a systematic assess- in January 2002 is consistent with the gen- compelling evidence of success from pilot programs as evaluated by the Coordinator of ment of the performance of LFAs; eral principles for an international AIDS ‘‘(C) has adopted, and is implementing, a trust fund first outlined by Congress in the United States Government Activities to Combat Malaria Globally.’’. policy to publish on a publicly available Web Global AIDS and Tuberculosis Relief Act of site— (b) STATEMENT OF POLICY.—Section 202(b) 2000 (Public Law 106–264). ‘‘(i) grant performance reviews; of such Act is amended by adding at the end ‘‘(B) The Global Fund is an innovative fi- ‘‘(ii) all reports of the Inspector General of the following: nancing mechanism which— the Global Fund, in a manner that is con- ‘‘(3) STATEMENT OF POLICY.—The United ‘‘(i) has made progress in many areas in sistent with the Policy for Disclosure of Re- States Government regards the imposition combating HIV/AIDS, tuberculosis, and ma- ports of the Inspector General, approved at laria; and by recipient countries of taxes or tariffs on the 16th Meeting of the Board of the Global ‘‘(ii) represents the multilateral compo- goods or services provided by the Global Fund; nent of this Act, extending United States ef- Fund, which are supported through public ‘‘(iii) decision points of the Board of the forts to more than 130 countries around the and private donations, including the sub- Global Fund; world. stantial contribution of the American peo- ‘‘(iv) reports from Board committees to the ‘‘(C) The Global Fund and United States bi- ple, as inappropriate and inconsistent with Board; and lateral assistance programs— standards of good governance. The Global ‘‘(v) a regular collection and analysis of ‘‘(i) are demonstrating increasingly effec- AIDS Coordinator or other representatives of performance data and funding of grants of tive coordination, with each possessing cer- the United States Government shall work the Global Fund, which shall cover all prin- tain comparative advantages in the fight with the Global Fund to dissuade govern- cipal recipients and all subrecipients; against HIV/AIDS, tuberculosis, and malaria; ments from imposing such duties, tariffs, or ‘‘(D) is maintaining an independent, well- and taxes.’’. staffed Office of the Inspector General that— ‘‘(ii) often work most effectively in concert (c) UNITED STATES FINANCIAL PARTICIPA- ‘‘(i) reports directly to the Board of the with each other. TION.—Section 202(d) of such Act (22 U.S.C. Global Fund; and ‘‘(D) The United States Government— 7622(d)) is amended— ‘‘(ii) compiles regular, publicly published ‘‘(i) is the largest supporter of the Global (1) in paragraph (1)— audits of financial, programmatic, and re- Fund in terms of resources and technical (A) by striking ‘‘$1,000,000,000 for the period porting aspects of the Global Fund, its support; of fiscal year 2004 beginning on January 1, grantees, and LFAs; ‘‘(ii) made the founding contribution to the 2004’’ and inserting ‘‘$2,000,000,000 for fiscal ‘‘(E) has established, and is reporting pub- Global Fund; and year 2009,’’; and licly on, standard indicators for all program ‘‘(iii) is fully committed to the success of (B) by striking ‘‘the fiscal years 2005–2008’’ areas; the Global Fund as a multilateral public-pri- and inserting ‘‘each of the fiscal years 2010 ‘‘(F) has established a methodology to vate partnership. through 2013’’; track and is publicly reporting on— ‘‘(2) SENSE OF CONGRESS.—It is the sense of (2) in paragraph (4)— ‘‘(i) all subrecipients and the amount of Congress that— (A) in subparagraph (A)— funds disbursed to each subrecipient on the ‘‘(A) transparency and accountability are (i) in clause (i), by striking ‘‘fiscal years grant’s fiscal cycle; and crucial to the long-term success and viabil- 2004 through 2008’’ and inserting ‘‘fiscal years ‘‘(ii) the distribution of resources, by grant ity of the Global Fund; 2009 through 2013’’; and principal recipient, for prevention, care, ‘‘(B) the Global Fund has made significant (ii) in clause (ii)— treatment, drugs and commodities purchase, progress toward addressing concerns raised (I) by striking ‘‘during any of the fiscal and other purposes; by the Government Accountability Office years 2004 through 2008’’ and inserting ‘‘dur- ‘‘(G) has established a policy on tariffs im- by— ing any of the fiscal years 2009 through 2013’’; posed by national governments on all goods ‘‘(i) improving risk assessment and risk and and services financed by the Global Fund; management capabilities; (II) by adding at the end the following: ‘‘(H) through its Secretariat, has taken ‘‘(ii) providing clearer guidance for and ‘‘The President may waive the application of meaningful steps to prevent national au- oversight of Local Fund Agents; and this clause with respect to assistance for thorities in recipient countries from impos- ‘‘(iii) strengthening the Office of the In- Sudan that is overseen by the Southern ing taxes or tariffs on goods or services pro- spector General for the Global Fund; Country Coordinating Mechanism, including vided by the Fund; ‘‘(C) the provision of sufficient resources Southern Sudan, Southern Kordofan, Blue ‘‘(I) is maintaining its status as a financ- and authority to the Office of the Inspector Nile State, and Abyei, if the President deter- ing institution focused on programs directly General for the Global Fund to ensure that mines that the national interest or humani- related to HIV/AIDS, malaria, and tuber- office has the staff and independence nec- tarian reasons justify such a waiver. The culosis; and essary to carry out its mandate will be a President shall publish each waiver of this ‘‘(J) is maintaining and making progress measure of the commitment of the Global clause in the Federal Register and, not later on— Fund to transparency and accountability; than 15 days before the waiver takes effect, ‘‘(i) sustaining its multisectoral approach, ‘‘(D) regular, publicly published financial, shall consult with the Committee on Foreign through country coordinating mechanisms; programmatic, and reporting audits of the Relations of the Senate and the Committee and Fund, its grantees, and Local Fund Agents on Foreign Affairs of the House of Represent- ‘‘(ii) the implementation of grants, as re- are also important benchmarks of trans- atives regarding the proposed waiver.’’; and flected in the proportion of resources allo- parency; (iii) in clause (vi)— cated to different sectors, including govern- ‘‘(E) the Global Fund should establish and (I) by striking ‘‘for the purposes’’ and in- ments, civil society, and faith- and commu- maintain a system to track— serting ‘‘For the purposes’’; nity-based organizations.

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‘‘(6) SUMMARIES OF BOARD DECISIONS AND (1) IN GENERAL.—The Administrator of the istrator of the United States Agency for UNITED STATES POSITIONS.—Following each United States Agency for International De- International Development (USAID), shall meeting of the Board of the Global Fund, the velopment, in coordination with the Coordi- develop and implement a plan to combat Coordinator of United States Government nator of United States Government Activi- HIV/AIDS by strengthening health policies Activities to Combat HIV/AIDS Globally ties to Combat HIV/AIDS Globally, may fa- and health systems of partner countries as shall report on the public website of the Co- cilitate availability and accessibility of part of USAID’s ‘Health Systems 2020’ ordinator a summary of Board decisions and microbicides, provided that such pharma- project. Recognizing that human and institu- how the United States Government voted ceuticals are approved, tentatively approved, tional capacity form the core of any health and its positions on such decisions.’’. or otherwise authorized for use by— care system that can sustain the fight SEC. 203. RESEARCH ON METHODS FOR WOMEN (A) the Food and Drug Administration; against HIV/AIDS, tuberculosis, and malaria, TO PREVENT TRANSMISSION OF HIV (B) a stringent regulatory agency accept- the plan shall include a strategy to encour- AND OTHER DISEASES. able to the Secretary of Health and Human age postsecondary educational institutions (a) SENSE OF CONGRESS.—Congress recog- Services; or in partner countries, particularly in Africa, nizes the need and urgency to expand the (C) a quality assurance mechanism accept- in collaboration with United States postsec- range of interventions for preventing the able to the Secretary of Health and Human ondary educational institutions, including transmission of human immunodeficiency Services. historically black colleges and universities, virus (HIV), including nonvaccine prevention (2) AUTHORIZATION OF APPROPRIATIONS.—Of to develop such human and institutional ca- methods that can be controlled by women. the amounts authorized to be appropriated pacity and in the process further build their (b) NIH OFFICE OF AIDS RESEARCH.—Sub- under section 401 of the United States Lead- capacity to sustain the fight against these part 1 of part D of title XXIII of the Public ership Against HIV/AIDS, Tuberculosis, and diseases.’’. Health Service Act (42 U.S.C. 300cc–40 et seq.) Malaria Act of 2003 (22 U.S.C. 7671) for HIV/ (b) CLERICAL AMENDMENT.—The table of is amended by inserting after section 2351 AIDS assistance, there are authorized to be contents for the United States Leadership the following: appropriated to the President such sums as Against HIV/AIDS, Tuberculosis, and Ma- may be necessary for each of the fiscal years ‘‘SEC. 2351A. MICROBICIDE RESEARCH. laria Act of 2003 (22 U.S.C. 7601 note) is ‘‘(a) FEDERAL STRATEGIC PLAN.—The Direc- 2009 through 2013 to carry out this sub- amended by inserting after the item relating tor of the Office shall— section. to section 203, as added by section 203 of this ‘‘(1) expedite the implementation of the SEC. 204. COMBATING HIV/AIDS, TUBERCULOSIS, Act, the following: Federal strategic plans required by section AND MALARIA BY STRENGTHENING 403(a) of the Public Health Service Act (42 HEALTH POLICIES AND HEALTH SYS- ‘‘Sec. 204. Combating HIV/AIDS, tuber- U.S.C. 283(a)(5)) regarding the conduct and TEMS OF PARTNER COUNTRIES. culosis, and malaria by support of research on, and development of, (a) IN GENERAL.—Title II of the United strengthening health policies States Leadership Against HIV/AIDS, Tuber- a microbicide to prevent the transmission of and health systems of partner culosis, and Malaria Act of 2003 (22 U.S.C. the human immunodeficiency virus; and countries.’’. 7621) is amended by adding at the end the fol- ‘‘(2) review and, as appropriate, revise such lowing: SEC. 205. FACILITATING EFFECTIVE OPERATIONS plan to prioritize funding and activities rel- OF THE CENTERS FOR DISEASE CON- ‘‘SEC. 204. COMBATING HIV/AIDS, TUBERCULOSIS, ative to their scientific urgency and poten- TROL. AND MALARIA BY STRENGTHENING tial market readiness. HEALTH POLICIES AND HEALTH SYS- Section 307 of the Public Health Service ‘‘(b) COORDINATION.—In implementing, re- TEMS OF PARTNER COUNTRIES. Act (42 U.S.C. 242l) is amended— viewing, and prioritizing elements of the ‘‘(a) STATEMENT OF POLICY.—It shall be the (1) by amending subsection (a) to read as plan described in subsection (a), the Director policy of the United States Government— follows: of the Office shall consult, as appropriate, ‘‘(1) to invest appropriate resources au- ‘‘(a) The Secretary may participate with with— thorized under this Act— other countries in cooperative endeavors in— ‘‘(1) representatives of other Federal agen- ‘‘(A) to carry out activities to strengthen ‘‘(1) biomedical research, health care tech- cies involved in microbicide research, includ- HIV/AIDS, tuberculosis, and malaria health nology, and the health services research and ing the Coordinator of United States Govern- policies and health systems; and statistical analysis authorized under section ment Activities to Combat HIV/AIDS Glob- ‘‘(B) to provide workforce training and ca- 306 and title IX; and ally, the Director of the Centers for Disease pacity-building consistent with the goals and ‘‘(2) biomedical research, health care serv- Control and Prevention, and the Adminis- objectives of this Act; and ices, health care research, or other related trator of the United States Agency for Inter- ‘‘(2) to support the development of a sound activities in furtherance of the activities, national Development; policy environment in partner countries to objectives or goals authorized under the Tom ‘‘(2) the microbicide research and develop- increase the ability of such countries— ment community; and ‘‘(A) to maximize utilization of health care Lantos and Henry J. Hyde United States ‘‘(3) health advocates.’’. resources from donor countries; Global Leadership Against HIV/AIDS, Tuber- (c) NATIONAL INSTITUTE OF ALLERGY AND ‘‘(B) to increase national investments in culosis, and Malaria Reauthorization Act of INFECTIOUS DISEASES.—Subpart 6 of part C of health and education and maximize the ef- 2008.’’; and title IV of the Public Health Service Act (42 fectiveness of such investments; (2) in subsection (b)— U.S.C. 285f et seq.) is amended by adding at ‘‘(C) to improve national HIV/AIDS, tuber- (A) in paragraph (7), by striking ‘‘and’’ the end the following: culosis, and malaria strategies; after the semicolon at the end; ‘‘SEC. 447C. MICROBICIDE RESEARCH AND DE- ‘‘(D) to deliver evidence-based services in (B) by striking ‘‘The Secretary may not, in VELOPMENT. an effective and efficient manner; and the exercise of his authority under this sec- ‘‘The Director of the Institute, acting ‘‘(E) to reduce barriers that prevent recipi- tion, provide financial assistance for the con- through the head of the Division of AIDS, ents of services from achieving maximum struction of any facility in any foreign coun- shall, consistent with the peer-review proc- benefit from such services. try.’’ ess of the National Institutes of Health, ‘‘(b) ASSISTANCE TO IMPROVE PUBLIC FI- (C) in paragraph (8), by striking ‘‘for any carry out research on, and development of, NANCE MANAGEMENT SYSTEMS.— purpose.’’ and inserting ‘‘for the purpose of safe and effective methods for use by women ‘‘(1) IN GENERAL.—Consistent with the au- any law administered by the Office of Per- to prevent the transmission of the human thority under section 129 of the Foreign As- sonnel Management;’’; and immunodeficiency virus, which may include sistance Act of 1961 (22 U.S.C. 2152), the Sec- (D) by adding at the end the following: microbicides.’’. retary of the Treasury, acting through the ‘‘(9) provide such funds by advance or reim- (d) CDC.—Part B of title III of the Public head of the Office of Technical Assistance, is bursement to the Secretary of State, as may Health Service Act (42 U.S.C. 243 et seq.) is authorized to provide assistance for advisors be necessary, to pay the costs of acquisition, amended by inserting after section 317S the and partner country finance, health, and lease, construction, alteration, equipping, following: other relevant ministries to improve the ef- furnishing or management of facilities out- ‘‘SEC. 317T. MICROBICIDE RESEARCH. fectiveness of public finance management side of the United States; and ‘‘(a) IN GENERAL.—The Director of the Cen- systems in partner countries to enable such ‘‘(10) in consultation with the Secretary of ters for Disease Control and Prevention is countries to receive funding to carry out State, through grant or cooperative agree- strongly encouraged to fully implement the programs to combat HIV/AIDS, tuberculosis, ment, make funds available to public or non- Centers’ microbicide agenda to support re- and malaria and to manage such programs. profit private institutions or agencies in for- search and development of microbicides for ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— eign countries in which the Secretary is par- use to prevent the transmission of the Of the amounts authorized to be appro- ticipating in activities described under sub- human immunodeficiency virus. priated under section 401 for HIV/AIDS as- section (a) to acquire, lease, construct, alter, ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— sistance, there are authorized to be appro- or renovate facilities in those countries.’’. There are authorized to be appropriated such priated to the Secretary of the Treasury (3) in subsection (c)— sums as may be necessary for each of fiscal such sums as may be necessary for each of (A) by striking ‘‘1990’’ and inserting ‘‘1980’’; years 2009 through 2013 to carry out this sec- the fiscal years 2009 through 2013 to carry and tion.’’. out this subsection. (B) by inserting or ‘‘or section 903 of the (e) UNITED STATES AGENCY FOR INTER- ‘‘(c) PLAN REQUIRED.—The Global AIDS Co- Foreign Service Act of 1980 (22 U.S.C. 4083)’’ NATIONAL DEVELOPMENT.— ordinator, in collaboration with the Admin- after ‘‘Code’’.

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6662 CONGRESSIONAL RECORD — SENATE July 14, 2008 SEC. 206. FACILITATING VACCINE DEVELOP- (ii) an expansion of public-private partner- care, monitoring and evaluation, and related MENT. ships and the leveraging of resources from activities. (a) TECHNICAL ASSISTANCE FOR DEVELOPING other countries and the private sector; and ‘‘(3) PRIORITIES.—The United States Gov- COUNTRIES.—The Administrator of the (iii) efforts to maximize United States ca- ernment’s response to the global HIV/AIDS United States Agency for International De- pabilities to support clinical trials of vac- pandemic and the Government’s efforts to cines in developing countries and to address help countries assume leadership of sustain- velopment, utilizing public-private partners, the challenges of delivering vaccines in de- able campaigns to combat their local as appropriate, and working in coordination veloping countries to minimize delays in ac- epidemics should place high priority on— with other international development agen- cess once vaccines are available. ‘‘(A) the prevention of the transmission of cies, is authorized to strengthen the capacity TITLE III—BILATERAL EFFORTS HIV; and of developing countries’ governmental insti- ‘‘(B) moving toward universal access to Subtitle A—General Assistance and Programs tutions to— HIV/AIDS prevention counseling and serv- (1) collect evidence for informed decision- SEC. 301. ASSISTANCE TO COMBAT HIV/AIDS. ices.’’. making and introduction of new vaccines, in- (a) AMENDMENTS TO THE FOREIGN ASSIST- (b) AUTHORIZATION.—Section 104A(c) of cluding potential HIV/AIDS, tuberculosis, ANCE ACT OF 1961.— such Act is amended— and malaria vaccines, if such vaccines are (1) FINDING.—Section 104A(a) of the For- (1) in paragraph (1), by striking ‘‘and other determined to be safe and effective; eign Assistance Act of 1961 (22 U.S.C. 2151b– countries and areas.’’ and inserting ‘‘Central (2) review protocols for clinical trials and 2(a)) is amended by inserting ‘‘Central Asia, Asia, Eastern Europe, Latin America, and impact studies and improve the implementa- Eastern Europe, Latin America’’ after ‘‘Car- other countries and areas, particularly with tion of clinical trials; and ibbean,’’. respect to refugee populations or those in (3) ensure adequate supply chain and deliv- (2) POLICY.—Section 104A(b) of such Act is postconflict settings in such countries and ery systems. amended to read as follows: areas with significant or increasing HIV inci- (b) ADVANCED MARKET COMMITMENTS.— ‘‘(b) POLICY.— dence rates.’’; (1) PURPOSE.—The purpose of this sub- ‘‘(1) OBJECTIVES.—It is a major objective of (2) in paragraph (2), by striking ‘‘and other section is to improve global health by requir- the foreign assistance program of the United countries and areas affected by the HIV/ ing the United States to participate in nego- States to provide assistance for the preven- AIDS pandemic’’ and inserting ‘‘Central tiations for advance market commitments tion and treatment of HIV/AIDS and the care Asia, Eastern Europe, Latin America, and for the development of future vaccines, in- of those affected by the disease. It is the pol- other countries and areas affected by the cluding potential vaccines for HIV/AIDS, tu- icy objective of the United States, by 2013, HIV/AIDS pandemic, particularly with re- berculosis, and malaria. to— spect to refugee populations or those in post- (2) NEGOTIATION REQUIREMENT.—The Sec- ‘‘(A) assist partner countries to— conflict settings in such countries and areas retary of the Treasury shall enter into nego- ‘‘(i) prevent 12,000,000 new HIV infections with significant or increasing HIV incidence tiations with the appropriate officials of the worldwide; rates.’’; and International Bank of Reconstruction and ‘‘(ii) support— (3) in paragraph (3)— Development (World Bank) and the GAVI Al- ‘‘(I) the increase in the number of individ- (A) by striking ‘‘foreign countries’’ and in- liance, the member nations of such entities, uals with HIV/AIDS receiving antiretroviral serting ‘‘partner countries, other inter- and other interested parties to establish ad- treatment above the goal established under national actors,’’; and vanced market commitments to purchase section 402(a)(3) and increased pursuant to (B) by inserting ‘‘within the framework of vaccines to combat HIV/AIDS, tuberculosis, paragraphs (1) through (3) of section 403(d); the principles of the Three Ones’’ before the malaria, and other related infectious dis- and period at the end. eases. ‘‘(II) additional treatment through coordi- (3) REQUIREMENTS.—In negotiating the nated multilateral efforts; (c) ACTIVITIES SUPPORTED.—Section 104A(d) United States participation in programs for ‘‘(iii) support care for 12,000,000 individuals of such Act is amended— advanced market commitments, the Sec- infected with or affected by HIV/AIDS, in- (1) in paragraph (1)— retary of the Treasury shall take into ac- cluding 5,000,000 orphans and vulnerable chil- (A) in subparagraph (A)— count whether programs for advance market dren affected by HIV/AIDS, with an emphasis (i) by inserting ‘‘and multiple concurrent commitments include— on promoting a comprehensive, coordinated sexual partnering,’’ after ‘‘casual sexual (A) legally binding contracts for product system of services to be integrated through- partnering’’; and purchase that include a fair market price for out the continuum of care; (ii) by striking ‘‘condoms’’ and inserting up to a maximum number of treatments, cre- ‘‘(iv) provide at least 80 percent of the tar- ‘‘male and female condoms’’; ating a strong market incentive; get population with access to counseling, (B) in subparagraph (B)— (B) clearly defined and transparent rules of testing, and treatment to prevent the trans- (i) by striking ‘‘programs that’’ and insert- program participation for qualified devel- mission of HIV from mother-to-child; ing ‘‘programs that are designed with local opers and suppliers of the product; ‘‘(v) provide care and treatment services to input and’’; and (C) clearly defined requirements for eligi- children with HIV in proportion to their per- (ii) by striking ‘‘those organizations’’ and ble vaccines to ensure that they are safe and centage within the HIV-infected population inserting ‘‘those locally based organiza- effective and can be delivered in developing of a given partner country; and tions’’; country contexts; ‘‘(vi) train and support retention of health (C) in subparagraph (D), by inserting ‘‘and (D) dispute settlement mechanisms; and care professionals, paraprofessionals, and promoting the use of provider-initiated or (E) sufficient flexibility to enable the con- community health workers in HIV/AIDS pre- ‘opt-out’ voluntary testing in accordance tracts to be adjusted in accord with new in- vention, treatment, and care, with the target with World Health Organization guidelines’’ formation related to projected market size of providing such training to at least 140,000 before the semicolon at the end; and other factors while still maintaining the new health care professionals and para- (D) by redesignating subparagraphs (F), purchase commitment at a fair price. professionals with an emphasis on training (G), and (H) as subparagraphs (H), (I), and (4) REPORT.—Not later than 1 year after and in country deployment of critically (J), respectively; the date of the enactment of this Act— needed doctors and nurses; (E) by inserting after subparagraph (E) the (A) the Secretary of the Treasury shall ‘‘(B) strengthen the capacity to deliver pri- following: submit a report to the appropriate congres- mary health care in developing countries, es- ‘‘(F) assistance to— sional committees on the status of the pecially in sub-Saharan Africa; ‘‘(i) achieve the goal of reaching 80 percent United States negotiations to participate in ‘‘(C) support and help countries in their ef- of pregnant women for prevention and treat- programs for the advanced market commit- forts to achieve staffing levels of at least 2.3 ment of mother-to-child transmission of HIV ments under this subsection; and doctors, nurses, and midwives per 1,000 popu- in countries in which the United States is (B) the President shall produce a com- lation, as called for by the World Health Or- implementing HIV/AIDS programs by 2013; prehensive report, written by a study group ganization; and and of qualified professionals from relevant Fed- ‘‘(D) help partner countries to develop ‘‘(ii) promote infant feeding options and eral agencies and initiatives, nongovern- independent, sustainable HIV/AIDS pro- treatment protocols that meet the most re- mental organizations, and industry rep- grams. cent criteria established by the World Health resentatives, that sets forth a coordinated ‘‘(2) COORDINATED GLOBAL STRATEGY.—The Organization; strategy to accelerate development of vac- United States and other countries with the ‘‘(G) medical male circumcision programs cines for infectious diseases, such as HIV/ sufficient capacity should provide assistance as part of national strategies to combat the AIDS, malaria, and tuberculosis, which in- to countries in sub-Saharan Africa, the Car- transmission of HIV/AIDS;’’; cludes— ibbean, Central Asia, Eastern Europe, and (F) in subparagraph (I), as redesignated, by (i) initiatives to create economic incen- Latin America, and other countries and re- striking ‘‘and’’ at the end; and tives for the research, development, and gions confronting HIV/AIDS epidemics in a (G) by adding at the end the following: manufacturing of vaccines for HIV/AIDS, tu- coordinated global strategy to help address ‘‘(K) assistance for counseling, testing, berculosis, malaria, and other infectious dis- generalized and concentrated epidemics treatment, care, and support programs, in- eases; through HIV/AIDS prevention, treatment, cluding—

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6663 ‘‘(i) counseling and other services for the ‘‘(i) gather epidemiological and social appropriate referral for treatment and care prevention of reinfection of individuals with science data on HIV; and to individuals with tuberculosis or its symp- HIV/AIDS; ‘‘(ii) evaluate the effectiveness of preven- toms, particularly in areas with significant ‘‘(ii) counseling to prevent sexual trans- tion efforts among men who have sex with HIV prevalence; and mission of HIV, including— men, with due consideration to stigma and ‘‘(iii) strengthen programs to ensure that ‘‘(I) life skills development for practicing risks associated with disclosure.’’; individuals testing positive for HIV receive abstinence and faithfulness; (4) in paragraph (5)— tuberculosis screening and to improve lab- ‘‘(II) reducing the number of sexual part- (A) by redesignating subparagraph (C) as oratory capacities, infection control, and ad- ners; subparagraph (D); and herence; and ‘‘(III) delaying sexual debut; and (B) by inserting after subparagraph (B) the ‘‘(G) activities to— ‘‘(IV) ensuring correct and consistent use following: ‘‘(i) improve the effectiveness of national of condoms; ‘‘(C) MECHANISM TO ENSURE COST-EFFECTIVE responses to HIV/AIDS; ‘‘(iii) assistance to engage underlying DRUG PURCHASING.—Subject to subparagraph ‘‘(ii) strengthen overall health systems in vulnerabilities to HIV/AIDS, especially those (B), mechanisms to ensure that safe and ef- high-prevalence countries, including support of women and girls; fective pharmaceuticals, including for workforce training, retention, and effec- ‘‘(iv) assistance for appropriate HIV/AIDS antiretrovirals and medicines to treat oppor- tive deployment, capacity building, labora- education programs and training targeted to tunistic infections, are purchased at the low- tory development, equipment maintenance prevent the transmission of HIV among men est possible price at which such pharma- and repair, and public health and related ceuticals may be obtained in sufficient quan- public financial management systems and who have sex with men; tity on the world market, provided that such operations; and ‘‘(v) assistance to provide male and female pharmaceuticals are approved, tentatively ‘‘(iii) encourage fair and transparent pro- condoms; approved, or otherwise authorized for use curement practices among partner countries; ‘‘(vi) diagnosis and treatment of other sex- by— and ually transmitted infections; ‘‘(i) the Food and Drug Administration; ‘‘(iv) promote in-country or intra-regional ‘‘(vii) strategies to address the stigma and ‘‘(ii) a stringent regulatory agency accept- pediatric training for physicians and other discrimination that impede HIV/AIDS pre- able to the Secretary of Health and Human health professionals, preferably through pub- vention efforts; and Services; or lic-private partnerships involving colleges ‘‘(viii) assistance to facilitate widespread ‘‘(iii) a quality assurance mechanism ac- and universities, with the goal of increasing access to microbicides for HIV prevention, if ceptable to the Secretary of Health and pediatric HIV workforce capacity. .’’; and safe and effective products become available, Human Services.’’; (6) by adding at the end the following: including financial and technical support for (5) in paragraph (6)— ‘‘(8) COMPACTS AND FRAMEWORK AGREE- culturally appropriate introductory pro- (A) by amending the paragraph heading to MENTS.—The development of compacts or grams, procurement, distribution, logistics read as follows: framework agreements, tailored to local cir- management, program delivery, accept- ‘‘(6) RELATED AND COORDINATED ACTIVI- cumstances, with national governments or ability studies, provider training, demand TIES.—’’; regional partnerships in countries with sig- generation, and postintroduction moni- (B) in subparagraph (B), by striking ‘‘and’’ nificant HIV/AIDS burdens to promote host toring.’’; and at the end; government commitment to deeper integra- (2) in paragraph (2)— (C) in subparagraph (C), by striking the pe- tion of HIV/AIDS services into health sys- (A) in subparagraph (B), by striking ‘‘and’’ riod at the end and inserting ‘‘; and’’; and tems, contribute to health systems overall, at the end; (D) by adding at the end the following: and enhance sustainability.’’. (B) in subparagraph (C)— ‘‘(D) coordinated or referred activities to— (d) COMPACTS AND FRAMEWORK AGREE- (i) by inserting ‘‘pain management,’’ after ‘‘(i) enhance the clinical impact of HIV/ MENTS.—Section 104A of such Act is amend- ‘‘opportunistic infections,’’; and AIDS care and treatment; and ed— (ii) by striking the period at the end and ‘‘(ii) ameliorate the adverse social and eco- (1) by redesignating subsections (e) inserting a semicolon; and nomic costs often affecting AIDS-impacted through (g) as subsections (f) through (h); (C) by adding at the end the following: families and communities through the direct and ‘‘(D) as part of care and treatment of HIV/ provision, as necessary, or through the refer- (2) by inserting after subsection (d) the fol- AIDS, assistance (including prophylaxis and ral, if possible, of support services, includ- lowing: treatment) for common HIV/AIDS-related ing— ‘‘(e) COMPACTS AND FRAMEWORK AGREE- opportunistic infections for free or at a rate ‘‘(I) nutritional and food support; MENTS.— at which it is easily affordable to the indi- ‘‘(II) safe drinking water and adequate ‘‘(1) FINDINGS.—Congress makes the fol- viduals and populations being served; sanitation; lowing findings: ‘‘(E) as part of care and treatment of HIV/ ‘‘(III) nutritional counseling; ‘‘(A) The congressionally mandated Insti- AIDS, assistance or referral to available and ‘‘(IV) income-generating activities and tute of Medicine report entitled ‘PEPFAR adequately resourced service providers for livelihood initiatives; Implementation: Progress and Promise’ nutritional support, including counseling ‘‘(V) maternal and child health care; states: ‘The next strategy [of the U.S. Global and where necessary the provision of com- ‘‘(VI) primary health care; AIDS Initiative] should squarely address the modities, for persons meeting ‘‘(VII) the diagnosis and treatment of other needs and challenges involved in supporting malnourishment criteria and their fami- infectious or sexually transmitted diseases; sustainable country HIV/AIDS programs, lies;’’; ‘‘(VIII) substance abuse and treatment thereby transitioning from a focus on emer- (3) in paragraph (4)— services; and gency relief.’. (A) in subparagraph (C), by striking ‘‘and’’ ‘‘(IX) legal services; ‘‘(B) One mechanism to promote the tran- at the end; ‘‘(E) coordinated or referred activities to sition from an emergency to a public health (B) in subparagraph (D), by striking the pe- link programs addressing HIV/AIDS with and development approach to HIV/AIDS is riod at the end and inserting a semicolon; programs addressing gender-based violence through compacts or framework agreements and in areas of significant HIV prevalence to as- between the United States Government and (C) by adding at the end the following: sist countries in the development and en- each participating nation. ‘‘(E) carrying out and expanding program forcement of women’s health, children’s ‘‘(2) ELEMENTS.—Compacts on HIV/AIDS monitoring, impact evaluation research and health, and HIV/AIDS laws and policies authorized under subsection (d)(8) shall in- analysis, and operations research and dis- that— clude the following elements: seminating data and findings through mech- ‘‘(i) prevent and respond to violence ‘‘(A) Compacts whose primary purpose is to anisms to be developed by the Coordinator of against women and girls; provide direct services to combat HIV/AIDS United States Government Activities to ‘‘(ii) promote the integration of screening are to be made between— Combat HIV/AIDS Globally, in coordination and assessment for gender-based violence ‘‘(i) the United States Government; and with the Director of the Centers for Disease into HIV/AIDS programming; ‘‘(ii)(I) national or regional entities rep- Control, in order to— ‘‘(iii) promote appropriate HIV/AIDS coun- resenting low-income countries served by an ‘‘(i) improve accountability, increase seling, testing, and treatment into gender- existing United States Agency for Inter- transparency, and ensure the delivery of evi- based violence programs; and national Development or Department of dence-based services through the collection, ‘‘(iv) assist governments to develop part- Health and Human Services presence or re- evaluation, and analysis of data regarding nerships with civil society organizations to gional platform; or gender-responsive interventions, create networks for psychosocial, legal, eco- ‘‘(II) countries or regions— disaggregated by age and sex; nomic, or other support services; ‘‘(aa) experiencing significantly high HIV ‘‘(ii) identify and replicate effective mod- ‘‘(F) coordinated or referred activities to— prevalence or risk of significantly increasing els; and ‘‘(i) address the frequent coinfection of HIV incidence within the general population; ‘‘(iii) develop gender indicators to measure and tuberculosis, in accordance with World ‘‘(bb) served by an existing United States outcomes and the impacts of interventions; Health Organization guidelines; Agency for International Development or and ‘‘(ii) promote provider-initiated or ‘opt- Department of Health and Human Services ‘‘(F) establishing appropriate systems to— out’ HIV/AIDS counseling and testing and presence or regional platform; and

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6664 CONGRESSIONAL RECORD — SENATE July 14, 2008 ‘‘(cc) that have inadequate financial means ‘‘(F) For regional compacts, priority shall ‘‘(II) advancing safe working conditions for within such country or region. be given to countries that are included in re- health care workers; and ‘‘(B) Compacts whose primary purpose is to gional funds and programs in existence as of ‘‘(III) improving infrastructure to promote provide limited technical assistance to a the date of the enactment of the Tom Lantos progress toward universal access to HIV/ country or region connected to services pro- and Henry J. Hyde United States Global AIDS prevention, treatment, and care by vided within the country or region— Leadership Against HIV/AIDS, Tuberculosis, 2013; ‘‘(i) may be made with other countries or and Malaria Reauthorization Act of 2008. ‘‘(iii) a description of coordination efforts regional entities served by an existing ‘‘(3) LOCAL INPUT.—In entering into a com- with relevant executive branch agencies to United States Agency for International De- pact on HIV/AIDS authorized under sub- link HIV/AIDS clinical and social services velopment or Department of Health and section (d)(8), the Coordinator of United with non-HIV/AIDS services as part of the Human Services presence or regional plat- States Government Activities to Combat United States health and development agen- form; HIV/AIDS Globally shall seek to ensure that da; ‘‘(ii) shall require significant investments the government of a country— ‘‘(iv) a detailed description of integrated in HIV prevention, care, and treatment serv- ‘‘(A) takes into account the local perspec- HIV/AIDS and food and nutrition programs ices by the host country; tives of the rural and urban poor, including and services, including— ‘‘(iii) shall be time-limited in terms of women, in each country; and ‘‘(I) the amount spent on food and nutri- United States contributions; and ‘‘(B) consults with private and voluntary tion support; ‘‘(iv) shall be made only upon prior notifi- organizations, including faith-based organi- ‘‘(II) the types of activities supported; and cation to Congress— zations, the business community, and other ‘‘(III) an assessment of the effectiveness of ‘‘(I) justifying the need for such compacts; donors in the country. interventions carried out to improve the ‘‘(II) describing the expected investment ‘‘(4) CONGRESSIONAL AND PUBLIC NOTIFICA- health status of persons with HIV/AIDS re- by the country or regional entity; and TION AFTER ENTERING INTO A COMPACT.—Not ceiving food or nutritional support; ‘‘(III) describing the scope, nature, ex- later than 10 days after entering into a com- ‘‘(v) a description of efforts to improve har- pected total United States investment, and pact authorized under subsection (d)(8), the monization, in terms of relevant executive time frame of the limited technical assist- Global AIDS Coordinator shall— branch agencies, coordination with other ance under the compact and its intended im- ‘‘(A) submit a report containing a detailed public and private entities, and coordination pact. summary of the compact and a copy of the with partner countries’ national strategic ‘‘(C) Compacts shall include provisions to— text of the compact to— plans as called for in the ‘Three Ones’; ‘‘(i) promote local and national efforts to ‘‘(i) the Committee on Foreign Relations of ‘‘(vi) a description of— reduce stigma associated with HIV/AIDS; the Senate; ‘‘(I) the efforts of partner countries that and ‘‘(ii) the Committee on Appropriations of were signatories to the Abuja Declaration on ‘‘(ii) work with and promote the role of the Senate; HIV/AIDS, Tuberculosis and Other Related civil society in combating HIV/AIDS. ‘‘(iii) the Committee on Foreign Affairs of Infectious Diseases to adhere to the goals of ‘‘(D) Compacts shall take into account the the House of Representatives; and such Declaration in terms of investments in overall national health and development and ‘‘(iv) the Committee on Appropriations of public health, including HIV/AIDS; and national HIV/AIDS and public health strate- the House of Representatives; and ‘‘(II) a description of the HIV/AIDS invest- gies of each country. ‘‘(B) publish such information in the Fed- ments of partner countries that were not sig- ‘‘(E) Compacts shall contain— eral Register and on the Internet website of natories to such Declaration; ‘‘(i) consideration of the specific objectives the Office of the Global AIDS Coordinator.’’. ‘‘(vii) a detailed description of any com- that the country and the United States ex- (e) ANNUAL REPORT.—Section 104A(f) of pacts or framework agreements reached or pect to achieve during the term of a com- such Act, as redesignated, is amended— negotiated between the United States and pact; (1) in paragraph (1), by striking ‘‘Com- any partner countries, including a descrip- ‘‘(ii) consideration of the respective re- mittee on International Relations’’ and in- tion of the elements of compacts described in sponsibilities of the country and the United serting ‘‘Committee on Foreign Affairs’’; and subsection (e); States in the achievement of such objectives; (2) in paragraph (2)— ‘‘(viii) a description of programs serving ‘‘(iii) consideration of regular benchmarks (A) in subparagraph (B), by striking ‘‘and’’ women and girls, including— to measure progress toward achieving such at the end; ‘‘(I) HIV/AIDS prevention programs that objectives; (B) by striking subparagraph (C) and in- address the vulnerabilities of girls and ‘‘(iv) an identification of the intended serting the following: women to HIV/AIDS; beneficiaries, disaggregated by gender and ‘‘(C) a detailed breakdown of funding allo- ‘‘(II) information on the number of individ- age, and including information on orphans cations, by program and by country, for pre- uals served by programs aimed at reducing and vulnerable children, to the maximum ex- vention activities; and the vulnerabilities of women and girls to tent practicable; ‘‘(D) a detailed assessment of the impact of HIV/AIDS and data on the types, objectives, ‘‘(v) consideration of the methods by which programs established pursuant to such sec- and duration of programs to address these the compact is intended to— tions, including— issues; ‘‘(I) address the factors that put women ‘‘(i)(I) the effectiveness of such programs ‘‘(III) information on programs to address and girls at greater risk of HIV/AIDS; and in reducing— the particular needs of adolescent girls and ‘‘(II) strengthen elements such as the eco- ‘‘(aa) the transmission of HIV, particularly young women; and nomic, educational, and social status of in women and girls; ‘‘(IV) programs to prevent gender-based vi- women, girls, orphans, and vulnerable chil- ‘‘(bb) mother-to-child transmission of HIV, olence or to assist victims of gender based dren and the inheritance rights and safety of including through drug treatment and thera- violence as part of, or in coordination with, such individuals; pies, either directly or by referral; and HIV/AIDS programs; ‘‘(vi) consideration of the methods by ‘‘(cc) mortality rates from HIV/AIDS; ‘‘(ix) a description of strategies, goals, pro- which the compact will— ‘‘(II) the number of patients receiving grams, and interventions to— ‘‘(I) strengthen the health care capacity, treatment for AIDS in each country that re- ‘‘(I) address the needs and vulnerabilities including factors such as the training, reten- ceives assistance under this Act; of youth populations; tion, deployment, recruitment, and utiliza- ‘‘(III) an assessment of progress towards ‘‘(II) expand access among young men and tion of health care workers; the achievement of annual goals set forth in women to evidence-based HIV/AIDS health ‘‘(II) improve supply chain management; the timetable required under the 5-year care services and HIV prevention programs, and strategy established under section 101 of the including abstinence education programs; ‘‘(III) improve the health systems and in- United States Leadership Against HIV/AIDS, and frastructure of the partner country, includ- Tuberculosis, and Malaria Act of 2003 and, if ‘‘(III) expand community-based services to ing the ability of compact participants to annual goals are not being met, the reasons meet the needs of orphans and of children maintain and operate equipment transferred for such failure; and and adolescents affected by or vulnerable to or purchased as part of the compact; ‘‘(IV) retention and attrition data for pro- HIV/AIDS without increasing stigmatiza- ‘‘(vii) consideration of proposed mecha- grams receiving United States assistance, in- tion; nisms to provide oversight; cluding mortality and loss to follow-up ‘‘(x) a description of— ‘‘(viii) consideration of the role of civil so- rates, organized overall and by country; ‘‘(I) the specific strategies funded to ensure ciety in the development of a compact and ‘‘(ii) the progress made toward— the reduction of HIV infection among injec- the achievement of its objectives; ‘‘(I) improving health care delivery sys- tion drug users; ‘‘(ix) a description of the current and po- tems (including the training of health care ‘‘(II) the number of injection drug users, by tential participation of other donors in the workers, including doctors, nurses, mid- country, reached by such strategies; and achievement of such objectives, as appro- wives, pharmacists, laboratory technicians, ‘‘(III) medication-assisted drug treatment priate; and and compensated community health work- for individuals with HIV or at risk of HIV; ‘‘(x) consideration of a plan to ensure ap- ers, and the use of codes of conduct for eth- ‘‘(xi) a detailed description of program propriate fiscal accountability for the use of ical recruiting practices for health care monitoring, operations research, and impact assistance. workers); evaluation research, including—

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6665 ‘‘(I) the amount of funding provided for tion, that is otherwise eligible to receive as- ‘‘(2) funding for the Global Tuberculosis each research type; sistance under section 104A of the Foreign Drug Facility, the Stop Tuberculosis Part- ‘‘(II) an analysis of cost-effectiveness mod- Assistance Act of 1961, under this Act, or nership, and the Global Alliance for TB Drug els; and under any amendment made by this Act or Development.’’. ‘‘(III) conclusions regarding the efficiency, by the Tom Lantos and Henry J. Hyde (c) ASSISTANCE FOR THE WORLD HEALTH OR- effectiveness, and quality of services as de- United States Global Leadership Against GANIZATION AND THE STOP TUBERCULOSIS rived from previous or ongoing research and HIV/AIDS, Tuberculosis, and Malaria Reau- PARTNERSHIP.—Section 104B of such Act is monitoring efforts; and thorization Act of 2008, for HIV/AIDS preven- amended— ‘‘(xii) a description of staffing levels of tion, treatment, or care— (1) by redesignating subsection (f) as sub- United States government HIV/AIDS teams ‘‘(1) shall not be required, as a condition of section (h); and in countries with significant HIV/AIDS pro- receiving such assistance— (2) by inserting after subsection (e) the fol- grams, including whether or not a full-time ‘‘(A) to endorse or utilize a multisectoral lowing: coordinator was on staff for the year.’’. or comprehensive approach to combating ‘‘(f) ASSISTANCE FOR THE WORLD HEALTH (f) AUTHORIZATION OF APPROPRIATIONS.— HIV/AIDS; or ORGANIZATION AND THE STOP TUBERCULOSIS Section 301(b) of the United States Leader- ‘‘(B) to endorse, utilize, make a referral to, PARTNERSHIP.—In carrying out this section, the President, acting through the Adminis- ship Against HIV/AIDS, Tuberculosis, and become integrated with, or otherwise par- trator of the United States Agency for Inter- Malaria Act of 2003 (22 U.S.C. 7631(b)) is ticipate in any program or activity to which national Development, is authorized to pro- amended— the organization has a religious or moral ob- vide increased resources to the World Health (1) in paragraph (1), by striking ‘‘fiscal jection; and Organization and the Stop Tuberculosis years 2004 through 2008’’ and inserting ‘‘fiscal ‘‘(2) shall not be discriminated against in years 2009 through 2013’’; and Partnership to improve the capacity of coun- the solicitation or issuance of grants, con- tries with high rates of tuberculosis and (2) in paragraph (3), by striking ‘‘fiscal tracts, or cooperative agreements under such years 2004 through 2008’’ and inserting ‘‘fiscal other affected countries to implement the provisions of law for refusing to meet any re- Stop TB Strategy and specific strategies re- years 2009 through 2013’’. quirement described in paragraph (1).’’. (g) RELATIONSHIP TO ASSISTANCE PROGRAMS lated to addressing multiple drug resistant SEC. 302. ASSISTANCE TO COMBAT TUBER- TO ENHANCE NUTRITION.—Section 301(c) of tuberculosis (MDR–TB) and extensively drug CULOSIS. such Act is amended to read as follows: resistant tuberculosis (XDR–TB).’’. ‘‘(c) FOOD AND NUTRITIONAL SUPPORT.— (a) POLICY.—Section 104B(b) of the Foreign (d) ANNUAL REPORT.—Section 104B of such ‘‘(1) IN GENERAL.—As indicated in the re- Assistance Act of 1961 (22 U.S.C. 2151b–3(b)) is Act is amended by inserting after subsection port produced by the Institute of Medicine, amended to read as follows: (f), as added by subsection (c) of this section, entitled ‘PEPFAR Implementation: Progress ‘‘(b) POLICY.—It is a major objective of the the following: ‘‘(g) ANNUAL REPORT.—The President shall and Promise’, inadequate caloric intake has foreign assistance program of the United States to control tuberculosis. In all coun- submit an annual report to Congress that de- been clearly identified as a principal reason scribes the impact of United States foreign for failure of clinical response to tries in which the Government of the United States has established development pro- assistance on efforts to control tuberculosis, antiretroviral therapy. In recognition of the including— impact of malnutrition as a clinical health grams, particularly in countries with the highest burden of tuberculosis and other ‘‘(1) the number of tuberculosis cases diag- issue for many persons living with HIV/AIDS nosed and the number of cases cured in coun- that is often associated with health and eco- countries with high rates of tuberculosis, the United States should support the objectives tries receiving United States bilateral for- nomic impacts on these individuals and their eign assistance for tuberculosis control pur- families, the Global AIDS Coordinator and of the Global Plan to Stop TB, including through achievement of the following goals: poses; the Administrator of the United States ‘‘(2) a description of activities supported Agency for International Development ‘‘(1) Reduce by half the tuberculosis death and disease burden from the 1990 baseline. with United States tuberculosis resources in shall— each country, including a description of how ‘‘(A) follow World Health Organization ‘‘(2) Sustain or exceed the detection of at least 70 percent of sputum smear-positive those activities specifically contribute to in- guidelines for HIV/AIDS food and nutrition creasing the number of people diagnosed and services; cases of tuberculosis and the successful treatment of at least 85 percent of the cases treated for tuberculosis; ‘‘(B) integrate nutrition programs with ‘‘(3) in each country receiving bilateral detected in countries with established HIV/AIDS activities through effective link- United States foreign assistance for tuber- United States Agency for International De- ages among the health, agricultural, and culosis control purposes, the percentage pro- velopment tuberculosis programs. livelihood sectors and establish additional vided for direct tuberculosis services in ‘‘(3) In support of the Global Plan to Stop services in circumstances in which referrals countries receiving United States bilateral TB, the President shall establish a com- are inadequate or impossible; foreign assistance for tuberculosis control prehensive, 5-year United States strategy to ‘‘(C) provide, as a component of care and purposes; expand and improve United States efforts to treatment programs for persons with HIV/ ‘‘(4) a description of research efforts and combat tuberculosis globally, including a AIDS, food and nutritional support to indi- clinical trials to develop new tools to com- plan to support— viduals infected with, and affected by, HIV/ bat tuberculosis, including diagnostics, AIDS who meet established criteria for nu- ‘‘(A) the successful treatment of 4,500,000 drugs, and vaccines supported by United tritional support (including clinically mal- new sputum smear tuberculosis patients States bilateral assistance; nourished children and adults, and pregnant under DOTS programs by 2013, primarily ‘‘(5) the number of persons who have been and lactating women in programs in need of through direct support for needed services, diagnosed and started treatment for supplemental support), including— commodities, health workers, and training, multidrug-resistant tuberculosis in countries ‘‘(i) anthropometric and dietary assess- and additional treatment through coordi- receiving United States bilateral foreign as- ment; nated multilateral efforts; and sistance for tuberculosis control programs; ‘‘(ii) counseling; and ‘‘(B) the diagnosis and treatment of 90,000 ‘‘(6) a description of the collaboration and ‘‘(iii) therapeutic and supplementary feed- new multiple drug resistant tuberculosis coordination of United States anti-tuber- ing; cases by 2013, and additional treatment culosis efforts with the World Health Organi- ‘‘(D) provide food and nutritional support through coordinated multilateral efforts.’’. zation, the Global Fund, and other major for children affected by HIV/AIDS and to (b) PRIORITY TO STOP TB STRATEGY.—Sec- public and private entities within the Stop communities and households caring for chil- tion 104B(e) of such Act is amended to read TB Strategy; dren affected by HIV/AIDS; and as follows: ‘‘(7) the constraints on implementation of ‘‘(E) in communities where HIV/AIDS and ‘‘(e) PRIORITY TO STOP TB STRATEGY.—In programs posed by health workforce short- food insecurity are highly prevalent, support furnishing assistance under subsection (c), ages and capacities; programs to address these often intersecting the President shall give priority to— ‘‘(8) the number of people trained in tuber- health problems through community-based ‘‘(1) direct services described in the Stop culosis control; and assistance programs, with an emphasis on TB Strategy, including expansion and en- ‘‘(9) a breakdown of expenditures for direct sustainable approaches. hancement of Directly Observed Treatment patient tuberculosis services, drugs and ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— Short-course (DOTS) coverage, rapid testing, other commodities, drug management, train- Of the amounts authorized to be appro- treatment for individuals infected with both ing in diagnosis and treatment, health sys- priated under section 401, there are author- tuberculosis and HIV, and treatment for in- tems strengthening, research, and support ized to be appropriated to the President such dividuals with multi-drug resistant tuber- costs.’’. sums as may be necessary for each of the fis- culosis (MDR–TB), strengthening of health (e) DEFINITIONS.—Section 104B(h) of such cal years 2009 through 2013 to carry out this systems, use of the International Standards Act, as redesignated by subsection (c), is subsection.’’. for Tuberculosis Care by all providers, em- amended— (h) ELIGIBILITY FOR ASSISTANCE.—Section powering individuals with tuberculosis, and (1) in paragraph (1), by striking the period 301(d) of such Act is amended to read as fol- enabling and promoting research to develop at the end and inserting the following: ‘‘in- lows: new diagnostics, drugs, and vaccines, and cluding— ‘‘(d) ELIGIBILITY FOR ASSISTANCE.—An or- program-based operational research relating ‘‘(A) low-cost and effective diagnosis, ganization, including a faith-based organiza- to tuberculosis; and treatment, and monitoring of tuberculosis;

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6666 CONGRESSIONAL RECORD — SENATE July 14, 2008 ‘‘(B) a reliable drug supply; ‘‘(5) clearly explains how outlined activi- ‘‘(D) coordinate planning, implementation, ‘‘(C) a management strategy for public ties will interact with other United States and evaluation with the Global AIDS Coordi- health systems; Government global health activities, includ- nator in countries in which both programs ‘‘(D) health system strengthening; ing the 5-year global AIDS strategy required have a significant presence; ‘‘(E) promotion of the use of the Inter- under this Act; ‘‘(E) coordinate with national govern- national Standards for Tuberculosis Care by ‘‘(6) expands public-private partnerships ments, international agencies, civil society, all care providers; and leverage of resources; and the private sector; and ‘‘(F) bacteriology under an external qual- ‘‘(7) coordinates among relevant Federal ‘‘(F) establish due diligence criteria for all ity assessment framework; agencies to maximize human and financial recipients of funds appropriated by the Fed- ‘‘(G) short-course chemotherapy; and resources and to reduce duplication among eral Government for malaria assistance. ‘‘(H) sound reporting and recording sys- these agencies, foreign governments, and ‘‘(d) ASSISTANCE FOR THE WORLD HEALTH tems.’’; and international organizations; ORGANIZATION.—In carrying out this section, (2) by redesignating paragraph (5) as para- ‘‘(8) coordinates with other international the President may provide financial assist- graph (6); and entities, including the Global Fund; ance to the Roll Back Malaria Partnership of (3) by inserting after paragraph (4) the fol- ‘‘(9) maximizes United States capabilities the World Health Organization to improve lowing: in the areas of technical assistance and the capacity of countries with high rates of ‘‘(5) STOP TB STRATEGY.—The term ‘Stop training and research, including vaccine re- malaria and other affected countries to im- TB Strategy’ means the 6-point strategy to search; and plement comprehensive malaria control pro- reduce tuberculosis developed by the World ‘‘(10) establishes priorities and selection grams. Health Organization, which is described in criteria for the distribution of resources ‘‘(e) COORDINATION OF ASSISTANCE EF- the Global Plan to Stop TB 2006–2015: Actions based on factors such as— FORTS.—In carrying out this section and in for Life, a comprehensive plan developed by ‘‘(A) the size and demographics of the pop- accordance with section 104C of the Foreign the Stop TB Partnership that sets out the ulation with malaria; Assistance Act of 1961 (22 U.S.C. 2151b–4), the actions necessary to achieve the millennium ‘‘(B) the needs of that population; Malaria Coordinator shall coordinate the development goal of cutting tuberculosis ‘‘(C) the country’s existing infrastructure; provision of assistance by working with— deaths and disease burden in half by 2015.’’. and ‘‘(1) relevant executive branch agencies, in- (f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(D) the ability to closely coordinate cluding— Section 302 (b) of the United States Leader- United States Government efforts with na- ‘‘(A) the Department of State (including ship Against HIV/AIDS, Tuberculosis, and tional malaria control plans of partner coun- the Office of the Global AIDS Coordinator); Malaria Act of 2003 (22 U.S.C. 7632(b)) is tries.’’. ‘‘(B) the Department of Health and Human Services; amended— SEC. 304. MALARIA RESPONSE COORDINATOR. ‘‘(C) the Department of Defense; and (1) in paragraph (1), by striking ‘‘such sums Section 304 of the United States Leader- ‘‘(D) the Office of the United States Trade as may be necessary for each of the fiscal ship Against HIV/AIDS, Tuberculosis, and Representative; years 2004 through 2008’’ and inserting ‘‘a Malaria Act of 2003 (22 U.S.C. 7634) is amend- ‘‘(2) relevant multilateral institutions, in- total of $4,000,000,000 for the 5-year period be- ed to read as follows: cluding— ginning on October 1, 2008.’’; and ‘‘SEC. 304. MALARIA RESPONSE COORDINATOR. (2) in paragraph (3), by striking ‘‘fiscal ‘‘(A) the World Health Organization; ‘‘(a) IN GENERAL.—There is established ‘‘(B) the United Nations Children’s Fund; years 2004 through 2008’’ and inserting ‘‘fiscal within the United States Agency for Inter- years 2009 through 2013.’’. ‘‘(C) the United Nations Development Pro- national Development a Coordinator of gramme; SEC. 303. ASSISTANCE TO COMBAT MALARIA. United States Government Activities to ‘‘(D) the Global Fund; (a) AMENDMENT TO THE FOREIGN ASSIST- Combat Malaria Globally (referred to in this ‘‘(E) the World Bank; and ANCE ACT OF 1961.—Section 104C(b) of the section as the ‘Malaria Coordinator’), who ‘‘(F) the Roll Back Malaria Partnership; Foreign Assistance Act of 1961 (22 U.S.C. shall be appointed by the President. ‘‘(3) program delivery and efforts to lift 2151–4(b)) is amended by inserting ‘‘treat- ‘‘(b) AUTHORITIES.—The Malaria Coordi- barriers that would impede effective and ment,’’ after ‘‘control,’’. nator, acting through nongovernmental or- comprehensive malaria control programs; (b) AUTHORIZATION OF APPROPRIATIONS.— ganizations (including faith-based and com- and Section 303 of the United States Leadership munity-based organizations), partner coun- ‘‘(4) partner or recipient country govern- Against HIV/AIDS, Tuberculosis, and Ma- try finance, health, and other relevant min- ments and national entities including uni- laria Act of 2003, and Malaria Act of 2003 (22 istries, and relevant executive branch agen- versities and civil society organizations (in- U.S.C. 7633) is amended— cies as may be necessary and appropriate to cluding faith- and community-based organi- (1) in subsection (b)— carry out this section, is authorized to— zations). (A) in paragraph (1), by striking ‘‘such ‘‘(1) operate internationally to carry out ‘‘(f) RESEARCH.—To carry out this section, sums as may be necessary for fiscal years prevention, care, treatment, support, capac- the Malaria Coordinator, in accordance with 2004 through 2008’’ and inserting ity development, and other activities to re- section 104C of the Foreign Assistance Act of ‘‘$5,000,000,000 during the 5-year period begin- duce the prevalence, mortality, and inci- 1961 (22 U.S.C. 1151d-4), shall ensure that op- ning on October 1, 2008’’; and dence of malaria; erations and implementation research con- (B) in paragraph (3), by striking ‘‘fiscal ‘‘(2) provide grants to, and enter into con- ducted under this Act will closely com- years 2004 through 2008’’ and inserting ‘‘fiscal tracts and cooperative agreements with, plement the clinical and program research years 2009 through 2013’’; and nongovernmental organizations (including being undertaken by the National Institutes (2) by adding at the end the following: faith-based organizations) to carry out this of Health. The Centers for Disease Control ‘‘(c) STATEMENT OF POLICY.—Providing as- section; and and Prevention should advise the Malaria sistance for the prevention, control, treat- ‘‘(3) transfer and allocate executive branch Coordinator on priorities for operations and ment, and the ultimate eradication of ma- agency funds that have been appropriated for implementation research and should be a laria is— the purposes described in paragraphs (1) and key implementer of this research. ‘‘(1) a major objective of the foreign assist- (2). ‘‘(g) MONITORING.—To ensure that adequate ance program of the United States; and ‘‘(c) DUTIES.— malaria controls are established and imple- ‘‘(2) 1 component of a comprehensive ‘‘(1) IN GENERAL.—The Malaria Coordinator mented, the Centers for Disease Control and United States global health strategy to re- has primary responsibility for the oversight Prevention should advise the Malaria Coor- duce disease burdens and strengthen commu- and coordination of all resources and inter- dinator on monitoring, surveillance, and nities around the world. national activities of the United States Gov- evaluation activities and be a key imple- ‘‘(d) DEVELOPMENT OF A COMPREHENSIVE 5- ernment relating to efforts to combat ma- menter of such activities under this Act. YEAR STRATEGY.—The President shall estab- laria. Such activities shall complement, rather lish a comprehensive, 5-year strategy to ‘‘(2) SPECIFIC DUTIES.—The Malaria Coordi- than duplicate, the work of the World Health combat global malaria that— nator shall— Organization. ‘‘(1) strengthens the capacity of the United ‘‘(A) facilitate program and policy coordi- ‘‘(h) ANNUAL REPORT.— States to be an effective leader of inter- nation of antimalarial efforts among rel- ‘‘(1) SUBMISSION.—Not later than 1 year national efforts to reduce malaria burden; evant executive branch agencies and non- after the date of the enactment of the Tom ‘‘(2) maintains sufficient flexibility and re- governmental organizations by auditing, Lantos and Henry J. Hyde United States mains responsive to the ever-changing na- monitoring, and evaluating such programs; Global Leadership Against HIV/AIDS, Tuber- ture of the global malaria challenge; ‘‘(B) ensure that each relevant executive culosis, and Malaria Reauthorization Act of ‘‘(3) includes specific objectives and multi- branch agency undertakes antimalarial pro- 2008, and annually thereafter, the President sectoral approaches and strategies to reduce grams primarily in those areas in which the shall submit a report to the appropriate con- the prevalence, mortality, incidence, and agency has the greatest expertise, technical gressional committees that describes United spread of malaria; capability, and potential for success; States assistance for the prevention, treat- ‘‘(4) describes how this strategy would con- ‘‘(C) coordinate relevant executive branch ment, control, and elimination of malaria. tribute to the United States’ overall global agency activities in the field of malaria pre- ‘‘(2) CONTENTS.—The report required under health and development goals; vention and treatment; paragraph (1) shall describe—

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6667 ‘‘(A) the countries and activities to which SEC. 308. ANNUAL REPORT ON PREVENTION OF for results, and provide recommendations to malaria resources have been allocated; MOTHER-TO-CHILD TRANSMISSION address such stigma and its effects; ‘‘(B) the number of people reached through OF HIV. ‘‘(F) identify opportunities to improve malaria assistance programs, including data Section 313(a) of the United States Leader- linkages between mother-to-child trans- on children and pregnant women; ship Against HIV/AIDS, Tuberculosis, and mission prevention services and care and ‘‘(C) research efforts to develop new tools Malaria Act of 2003 (22 U.S.C. 7653(a)) is treatment programs; and amended by striking ‘‘5 years’’ and inserting to combat malaria, including drugs and vac- ‘‘(G) recommend specific activities to fa- ‘‘10 years’’. cines; cilitate reaching the target described in sub- ‘‘(D) the collaboration and coordination of SEC. 309. PREVENTION OF MOTHER-TO-CHILD section (b)(1). TRANSMISSION EXPERT PANEL. United States antimalarial efforts with the ‘‘(4) REPORT.— Section 312 of the United States Leader- World Health Organization, the Global Fund, ‘‘(A) IN GENERAL.—Not later than 1 year ship Against HIV/AIDS, Tuberculosis, and after the date on which the Panel is first the World Bank, other donor governments, Malaria Act of 2003 (22 U.S.C. 7652) is amend- convened, the Panel shall submit a report major private efforts, and relevant executive ed by adding at the end the following: containing a detailed statement of the rec- agencies; ‘‘(c) PREVENTION OF MOTHER-TO-CHILD ommendations, findings, and conclusions of ‘‘(E) the coordination of United States TRANSMISSION EXPERT PANEL.— the Panel to the appropriate congressional antimalarial efforts with the national malar- ‘‘(1) ESTABLISHMENT.—The Global AIDS Co- committees. ial strategies of other donor or partner gov- ordinator shall establish a panel of experts ‘‘(B) AVAILABILITY.—The report submitted ernments and major private initiatives; to be known as the Prevention of Mother-to- under subparagraph (A) shall be made avail- ‘‘(F) the estimated impact of United States Child Transmission Panel (referred to in this able to the public. assistance on childhood mortality and mor- subsection as the ‘Panel’) to— ‘‘(C) CONSIDERATION BY COORDINATOR.—The bidity from malaria; ‘‘(A) provide an objective review of activi- Coordinator shall— ‘‘(G) the coordination of antimalarial ef- ties to prevent mother-to-child transmission ‘‘(i) consider any recommendations con- forts with broader health and development of HIV; and tained in the report submitted under sub- programs; and ‘‘(B) provide recommendations to the Glob- paragraph (A); and ‘‘(H) the constraints on implementation of al AIDS Coordinator and to the appropriate ‘‘(ii) include in the annual report required programs posed by health workforce short- congressional committees for scale-up of under section 104A(f) of the Foreign Assist- ages or capacities; and mother-to-child transmission prevention ance Act of 1961 a description of the activi- ‘‘(I) the number of personnel trained as services under this Act in order to achieve ties conducted in response to the rec- health workers and the training levels the target established in subsection (b)(1). ommendations made by the Panel and an ex- achieved.’’. ‘‘(2) MEMBERSHIP.—The Panel shall be con- planation of any recommendations not im- SEC. 305. AMENDMENT TO IMMIGRATION AND NA- vened and chaired by the Global AIDS Coor- plemented at the time of the report. TIONALITY ACT. dinator, who shall serve as a nonvoting ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— Section 212(a)(1)(A)(i) of the Immigration member. The Panel shall consist of not more There are authorized to be appropriated to and Nationality Act (8 U.S.C. 1182(a)(1)(A)(i)) than 15 members (excluding the Global AIDS the Panel such sums as may be necessary for is amended by striking ‘‘, which shall include Coordinator), to be appointed by the Global each of the fiscal years 2009 through 2011 to infection with the etiologic agent for ac- AIDS Coordinator not later than 1 year after carry out this section. quired immune deficiency syndrome,’’ and the date of the enactment of this Act, in- ‘‘(6) TERMINATION.—The Panel shall termi- inserting a semicolon. cluding— nate on the date that is 60 days after the ‘‘(A) 2 members from the Department of SEC. 306. CLERICAL AMENDMENT. date on which the Panel submits the report Health and Human Services with expertise Title III of the United States Leadership to the appropriate congressional committees relating to the prevention of mother-to-child Against HIV/AIDS, Tuberculosis, and Ma- under paragraph (4).’’. transmission activities; laria Act of 2003 (22 U.S.C. 7631 et seq.) is TITLE IV—FUNDING ALLOCATIONS amended by striking the heading for subtitle ‘‘(B) 2 members from the United States B and inserting the following: Agency for International Development with SEC. 401. AUTHORIZATION OF APPROPRIATIONS. expertise relating to the prevention of moth- (a) IN GENERAL.—Section 401(a) of the ‘‘Subtitle B—Assistance for Women, Children, er-to-child transmission activities; United States Leadership Against HIV/AIDS, and Families’’. ‘‘(C) 2 representatives from among health Tuberculosis, and Malaria Act of 2003 (22 SEC. 307. REQUIREMENTS. ministers of national governments of foreign U.S.C. 7671(a)) is amended by striking Section 312(b) of the United States Leader- countries in which programs under this Act ‘‘$3,000,000,000 for each of the fiscal years 2004 ship Against HIV/AIDS, Tuberculosis, and are administered; through 2008’’ and inserting ‘‘$50,000,000,000 Malaria Act of 2003 (22 U.S.C. 7652(b)) is ‘‘(D) 3 members representing organizations for the 5-year period beginning on October 1, amended by striking paragraphs (1), (2), and implementing prevention of mother-to-child 2008’’. (b) SENSE OF CONGRESS.—It is the sense of (3) and inserting the following: transmission activities under this Act; the Congress that the appropriations author- ‘‘(1) establish a target for the prevention ‘‘(E) 2 health care researchers with exper- ized under section 401(a) of the United States and treatment of mother-to-child trans- tise relating to global HIV/AIDS activities; Leadership Against HIV/AIDS, Tuberculosis, mission of HIV that, by 2013, will reach at and and Malaria Act of 2003, as amended by sub- least 80 percent of pregnant women in those ‘‘(F) representatives from among patient section (a), should be allocated among fiscal countries most affected by HIV/AIDS in advocate groups, health care professionals, years 2009 through 2013 in a manner that al- which the United States has HIV/AIDS pro- persons living with HIV/AIDS, and non-gov- lows for the appropriations to be gradually grams; ernmental organizations with expertise re- increased in a manner that is consistent ‘‘(2) establish a target that, by 2013, the lating to the prevention of mother-to-child with program requirements, absorptive ca- proportion of children receiving care and transmission activities, giving priority to in- pacity, and priorities set forth in such Act, treatment under this Act is proportionate to dividuals in foreign countries in which pro- as amended by this Act. their numbers within the population of HIV grams under this Act are administered. SEC. 402. SENSE OF CONGRESS. infected individuals in each country; ‘‘(3) DUTIES OF PANEL.—The Panel shall— Section 402(b) of the United States Leader- ‘‘(3) integrate care and treatment with pre- ‘‘(A) assess the effectiveness of current ac- ship Against HIV/AIDS, Tuberculosis, and vention of mother-to-child transmission of tivities in reaching the target described in Malaria Act of 2003 (22 U.S.C. 7672(b)) is HIV programs to improve outcomes for HIV- subsection (b)(1); amended by striking ‘‘an effective distribu- affected women and families as soon as is ‘‘(B) review scientific evidence related to tion of such amounts would be’’ and all that feasible and support strategies that promote the provision of mother-to-child trans- follows through ‘‘10 percent of such successful follow-up and continuity of care of mission prevention services, including pro- amounts’’ and inserting ‘‘10 percent should mother and child; grammatic data and data from clinical be used’’. ‘‘(4) expand programs designed to care for trials; SEC. 403. ALLOCATION OF FUNDS. children orphaned by, affected by, or vulner- ‘‘(C) review and assess ways in which the Section 403 of the United States Leader- able to HIV/AIDS; Office of the United States Global AIDS Co- ship Against HIV/AIDS, Tuberculosis, and ‘‘(5) ensure that women in prevention of ordinator collaborates with international Malaria Act of 2003 (22 U.S.C. 7673) is amend- mother-to-child transmission of HIV pro- and multilateral entities on efforts to pre- ed— grams are provided with, or referred to, ap- vent mother-to-child transmission of HIV in (1) by amending subsection (a) to read as propriate maternal and child services; and affected countries; follows: ‘‘(6) develop a timeline for expanding ac- ‘‘(D) identify barriers and challenges to in- ‘‘(a) BALANCED FUNDING REQUIREMENT.— cess to more effective regimes to prevent creasing access to mother-to-child trans- ‘‘(1) IN GENERAL.—The Global AIDS Coordi- mother-to-child transmission of HIV, con- mission prevention services and evaluate po- nator shall— sistent with the national policies of coun- tential mechanisms to alleviate those bar- ‘‘(A) provide balanced funding for preven- tries in which programs are administered riers and challenges; tion activities for sexual transmission of under this Act and the goal of achieving uni- ‘‘(E) identify the extent to which stigma HIV/AIDS; and versal use of such regimes as soon as pos- has hindered pregnant women from obtain- ‘‘(B) ensure that activities promoting ab- sible.’’. ing HIV counseling and testing or returning stinence, delay of sexual debut, monogamy,

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6668 CONGRESSIONAL RECORD — SENATE July 14, 2008 fidelity, and partner reduction are imple- ‘‘(2) any increase in the treatment goal (C) remain available until expended. mented and funded in a meaningful and equi- under section 402(a)(3) above the percentage (c) EXPENDITURES FROM FUND.—On request table way in the strategy for each host coun- increase in the amount appropriated for bi- by the Attorney General, the Secretary of try based on objective epidemiological evi- lateral global HIV/AIDS assistance for such the Interior, or the Secretary of Health and dence as to the source of infections and in fiscal year compared with fiscal year 2008 Human Services, the Secretary of the Treas- consultation with the government of each shall be based on long-term requirements, ury shall transfer from the Fund to the At- host county involved in HIV/AIDS preven- epidemiological evidence, the share of treat- torney General, the Secretary of the Inte- tion activities. ment needs being met by partner govern- rior, or the Secretary of Health and Human ‘‘(2) PREVENTION STRATEGY.— ments and other sources of treatment fund- Services, as appropriate, such amounts as ‘‘(A) ESTABLISHMENT.—In carrying out ing, and other appropriate factors; the Attorney General, the Secretary of the paragraph (1), the Global AIDS Coordinator ‘‘(3) the treatment goal under section Interior, or the Secretary of Health and shall establish an HIV sexual transmission 402(a)(3) shall be increased above the number Human Services determines to be necessary prevention strategy governing the expendi- calculated under paragraph (1) by the same to carry out the emergency plan under sub- ture of funds authorized under this Act to percentage that the average United States section (f). (d) TRANSFERS OF AMOUNTS.— prevent the sexual transmission of HIV in Government cost per patient of providing (1) IN GENERAL.—The amounts required to any host country with a generalized epi- treatment in countries receiving bilateral be transferred to the Fund under this section demic. HIV/AIDS assistance has decreased compared shall be transferred at least monthly from ‘‘(B) REPORT.—In each host country de- with fiscal year 2008; and the general fund of the Treasury to the Fund scribed in subparagraph (A), if the strategy ‘‘(4) the prevention and care goals estab- on the basis of estimates made by the Sec- established under subparagraph (A) provides lished in clauses (i) and (iv) of section retary of the Treasury. less than 50 percent of the funds described in 104A(b)(1)(A) of the Foreign Assistance Act (2) ADJUSTMENTS.—Proper adjustment shall subparagraph (A) for activities promoting of 1961 (22 U.S.C. 2151b–2(b)(1)(A)) shall be in- be made in amounts subsequently trans- abstinence, delay of sexual debut, monog- creased consistent with epidemiological evi- ferred to the extent prior estimates were in amy, fidelity, and partner reduction, the dence and available resources.’’. excess of or less than the amounts required Global AIDS Coordinator shall, not later TITLE V—MISCELLANEOUS to be transferred. than 30 days after the issuance of this strat- SEC. 501. MACHINE READABLE VISA FEES. (e) REMAINING AMOUNTS.—Any amounts re- egy, report to the appropriate congressional (a) FEE INCREASE.—Notwithstanding any maining in the Fund on September 30 of an committees on the justification for this deci- other provision of law— applicable fiscal year may be used by the At- sion. (1) not later than October 1, 2010, the Sec- torney General, the Secretary of the Inte- ‘‘(3) EXCLUSION.—Programs and activities retary of State shall increase by $1 the fee or rior, or the Secretary of Health and Human that implement or purchase new prevention surcharge authorized under section 140(a) of Services to carry out the emergency plan technologies or modalities, such as medical the Foreign Relations Authorization Act, under subsection (f) for any subsequent fiscal male circumcision, pre-exposure pharma- Fiscal Years 1994 and 1995 (Public Law 103– year. ceutical prophylaxis to prevent transmission 236; 8 U.S.C. 1351 note) for processing ma- (f) EMERGENCY PLAN.—Not later than 1 of HIV, or microbicides and programs and ac- chine readable nonimmigrant visas and ma- year after the date of enactment of this Act, tivities that provide counseling and testing chine readable combined border crossing the Attorney General, the Secretary of the for HIV or prevent mother-to-child preven- identification cards and nonimmigrant visas; Interior, and the Secretary of Health and tion of HIV, shall not be included in deter- and Human Services, in consultation with Indian tribes (as defined in section 4 of the Indian mining compliance with paragraph (2). (2) not later than October 1, 2013, the Sec- Self-Determination and Education Assist- ‘‘(4) REPORT.—Not later than 1 year after retary shall increase the fee or surcharge de- ance Act (25 U.S.C. 450b)), shall jointly estab- the date of the enactment of the Tom Lantos scribed in paragraph (1) by an additional $1. lish an emergency plan that addresses law and Henry J. Hyde United States Global (b) DEPOSIT OF AMOUNTS.—Notwithstanding Leadership Against HIV/AIDS, Tuberculosis, section 140(a)(2) of the Foreign Relations Au- enforcement and water needs of Indian tribes under which, for each of fiscal years 2010 and Malaria Reauthorization Act of 2008, and thorization Act, Fiscal Years 1994 and 1995 through 2019, of amounts in the Fund— annually thereafter as part of the annual re- (Public Law 103–236; 8 U.S.C. 1351 note), fees (1) the Attorney General shall use— port required under section 104A(e) of the collected under the authority of subsection (A) 25 percent for the construction, reha- Foreign Assistance Act of 1961 (22 U.S.C. (a) shall be deposited in the Treasury. 2151b–2(e)), the President shall— bilitation, and replacement of Federal Indian ‘‘(A) submit a report on the implementa- SA 5076. Mr. THUNE (for himself, Mr. detention facilities; (B) 2.5 percent to investigate and prosecute tion of paragraph (2) for the most recently KYL, Mr. JOHNSON, Mr. TESTER, and Mr. crimes in Indian country (as defined in sec- concluded fiscal year to the appropriate con- DOMENICI) submitted an amendment in- gressional committees; and tion 1151 of title 18, United States Code); tended to be proposed by him to the (C) 1.5 percent for use by the Office of Jus- ‘‘(B) make the report described in subpara- bill S. 2731, to authorize appropriations graph (A) available to the public.’’; tice Programs for Indian and Alaska Native (2) in subsection (b)— for fiscal years 2009 through 2013 to pro- programs; and (A) by striking ‘‘fiscal years 2006 through vide assistance to foreign countries to (D) 1 percent to provide assistance to— (i) parties to cross-deputization or other 2008’’ and inserting ‘‘fiscal years 2009 through combat HIV/AIDS, tuberculosis, and cooperative agreements between State or 2013’’; and malaria, and for other purposes; which local governments and Indian tribes (as de- (B) by striking ‘‘vulnerable children af- was ordered to lie on the table; as fol- fined in section 102 of the Federally Recog- fected by’’ and inserting ‘‘other children af- lows: nized Indian Tribe List Act of 1994 (25 U.S.C. fected by, or vulnerable to,’’; and In section 401(a), strike ‘‘$50,000,000,000’’ 479a)) carrying out law enforcement activi- (3) by adding at the end the following: and insert ‘‘$48,000,000,000’’. ties in Indian country; and ‘‘(c) FUNDING ALLOCATION.—For each of the At the end, add the following: (ii) the State of Alaska (including political fiscal years 2009 through 2013, more than half TITLE VI—EMERGENCY PLAN FOR INDIAN subdivisions of that State) for carrying out of the amounts appropriated for bilateral SAFETY AND HEALTH the Village Public Safety Officer Program global HIV/AIDS assistance pursuant to sec- SEC. 601. EMERGENCY PLAN FOR INDIAN SAFETY and law enforcement activities on Alaska tion 401 shall be expended for— AND HEALTH. Native land (as defined in section 3 of Public ‘‘(1) antiretroviral treatment for HIV/ (a) ESTABLISHMENT OF FUND.—There is es- Law 103–399 (25 U.S.C. 3902)); AIDS; tablished in the Treasury of the United (2) the Secretary of the Interior shall— ‘‘(2) clinical monitoring of HIV- States a fund, to be known as the ‘‘Emer- (A) deposit 20 percent in the public safety seropositive people not in need of gency Fund for Indian Safety and Health’’ and justice account of the Bureau of Indian antiretroviral treatment; (referred to in this section as the ‘‘Fund’’), Affairs for use by the Office of Justice Serv- ‘‘(3) care for associated opportunistic infec- consisting of such amounts as are appro- ices of the Bureau in providing law enforce- tions; priated to the Fund under subsection (b). ment or detention services, directly or ‘‘(4) nutrition and food support for people (b) TRANSFERS TO FUND.— through contracts or compacts with Indian living with HIV/AIDS; and (1) IN GENERAL.—There is authorized to be tribes under the Indian Self-Determination ‘‘(5) other essential HIV/AIDS-related med- appropriated to the Fund, out of funds of the and Education Assistance Act (25 U.S.C. 450 ical care for people living with HIV/AIDS. Treasury not otherwise appropriated, et seq.); and ‘‘(d) TREATMENT, PREVENTION, AND CARE $2,000,000,000 for the 5-year period beginning (B) use 45 percent to implement require- GOALS.—For each of the fiscal years 2009 on October 1, 2008. ments of Indian water settlement agree- through 2013— (2) AVAILABILITY OF AMOUNTS.—Amounts ments that are approved by Congress (or the ‘‘(1) the treatment goal under section deposited in the Fund under this section legislation to implement such an agreement) 402(a)(3) shall be increased above 2,000,000 by shall— under which the United States shall plan, de- at least the percentage increase in the (A) be made available without further ap- sign, rehabilitate, or construct, or provide fi- amount appropriated for bilateral global propriation; nancial assistance for the planning, design, HIV/AIDS assistance for such fiscal year (B) be in addition to amounts made avail- rehabilitation, or construction of, water sup- compared with fiscal year 2008; able under any other provision of law; and ply or delivery infrastructure that will serve

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6669 an Indian tribe (as defined in section 4 of the OVER-THE-ROAD BUS TRANSPOR- Zimbabwe amidst widespread reports of vot- Indian Self-Determination and Education TATION ACCESSIBILITY ACT OF ing irregularities and intimidation in favor Assistance Act (25 U.S.C. 450b)); and 2007 of the ruling ZANU–PF party and Robert (3) the Secretary of Health and Human Mugabe; Services, acting through the Director of the Mr. REID. Mr. President, I ask unan- Whereas the Zimbabwe Electoral Commis- Indian Health Service, shall use 5 percent to imous consent that the Senate proceed sion refused to release results, despite calls provide domestic and community sanitation to the consideration of Calendar No. to do so by the African Union (AU), the Eu- facilities serving members of Indian tribes 829, H.R. 3985. ropean Union (EU), the Republic of South Af- (as defined in section 4 of the Indian Self-De- The PRESIDING OFFICER. The rica, the Southern African Development termination and Education Assistance Act clerk will report the bill by title. Community (SADC), United Nations Sec- (25 U.S.C. 450b)) pursuant to section 7 of the The legislative clerk read as follows: retary-General Ban Ki-Moon, and the United Act of August 5, 1954 (42 U.S.C. 2004a), di- States; A bill (H.R. 3985) to amend title 49, United rectly or through contracts or compacts Whereas the official results of the election, States Code, to direct the Secretary of with Indian tribes under the Indian Self-De- announced five weeks later, showed that Transportation to register a person pro- termination and Education Assistance Act Robert Mugabe won 43.2 percent of the vote, viding transportation by an over-the-road (25 U.S.C. 450 et seq.). while Morgan Tsvangirai, leader of the oppo- bus as a motor carrier of passengers only if sition party Movement for Democratic the person is willing and able to comply with SA 5077. Mr. DEMINT proposed an Change (MDC), won 47.9 percent of the vote; certain accessibility requirements in addi- amendment to the bill S. 2731, to au- Whereas, in the wake of the elections, Rob- tion to the other existing requirements, and thorize appropriations for fiscal years for other purposes. ert Mugabe launched a brutal campaign of 2009 through 2013 to provide assistance state-sponsored violence against opposition There being no objection, the Senate to foreign countries to combat HIV/ members, supporters, and other civilians in proceeded to consider the bill. AIDS, tuberculosis, and malaria, and an attempt to consolidate his power; Mr. REID. Mr. President, I ask unan- Whereas United States Ambassador to the for other purposes; as follows: imous consent that the bill be read a United Nations Zalmay Khalilzad stated on On page 130, line 1, strike ‘‘$50,000,000,000’’ third time, passed, the motion to re- April 16, 2008, that he was ‘‘gravely con- and insert ‘‘$35,000,000,000’’. consider be laid upon the table, with no cerned about the escalating politically moti- intervening action or debate, and that vated violence perpetrated by security forces SA 5078. Mr. DEMINT proposed an and ruling party militias’’; amendment to the bill S. 2731, to au- any statements relating to the bill be Whereas Secretary of State Condoleezza thorize appropriations for fiscal years printed in the RECORD. Rice stated on April 17, 2008, that Robert 2009 through 2013 to provide assistance The PRESIDING OFFICER. Without Mugabe has ‘‘done more harm to his country to foreign countries to combat HIV/ objection, it is so ordered. than would have been imaginable’’ and that AIDS, tuberculosis, and malaria, and The bill (H.R. 3985) was ordered to a ‘‘the last years have been really an abomina- tion’’ and called for the AU and SADC to for other purposes; as follows: third reading, was read the third time, and passed. strengthen efforts to achieve a political reso- At the appropriate place, insert the fol- lution to the crisis; f lowing: Whereas Human Rights Watch reported on SEC. ll. FUNDING LIMITATION. CRISIS IN ZIMBABWE April 19, 2008, that the Mugabe regime had Notwithstanding any other provision of Mr. REID. Mr. President, I ask unan- developed a network of informal detention this Act, amounts authorized to be appro- centers to intimidate, torture, and detain po- priated under this Act may only be targeted imous consent that the Senate proceed litical opponents; toward those countries authorized for fund- to the consideration of S. Res. 611. Whereas the Mugabe regime has, in viola- ing under the United States Leadership The PRESIDING OFFICER. The tion of the Vienna Convention on Diplomatic Against HIV/AIDS, Tuberculosis and Malaria clerk will report the resolution by Relations, done at Vienna April 18, 1961 (23 Act of 2003 (Public Law 108–25). title. U.S.T. 3229), harassed United States and The legislative clerk read as follows: other diplomats in retaliation for their re- SA 5079. Mr. DEMINT proposed an A resolution (S. Res. 611) expressing the peated protest of recent violence, including amendment to amendment SA 5078 pro- sense of the Senate on the crisis in by detaining the United States ambassador’s posed by Mr. DEMINT to the bill S. 2731, Zimbabwe, and for other purposes. vehicle for several hours on May 13, 2008, and to authorize appropriations for fiscal detaining five United States embassy staff There being no objection, the Senate and two local embassy workers on June 5, years 2009 through 2013 to provide as- proceeded to consider the resolution. 1998, one of whom was physically assaulted; sistance to foreign countries to combat Mr. REID. Mr. President, I ask unan- Whereas reports of killings, abductions, HIV/AIDS, tuberculosis, and malaria, imous consent that the resolution be beatings, torture, and sexual violence and for other purposes; as follows: agreed to, the preamble be agreed to, against civilians in Zimbabwe have contin- At the end of the amendment, strike the the motions to reconsider be laid upon ued, resulting in some 10,000 people being as- period and add a comma and the following: the table, with no intervening action saulted and at least 30,000 displaced; ‘‘and shall not be made available to such Whereas the MDC and Presidential can- or debate, and that all statements re- didate Tsvangirai withdrew from the June countries, or other countries through the lating to this resolution be printed in Global Fund to Fight AIDS, Tuberculosis 27, 2008, runoff presidential election, citing the RECORD. and Malaria, for any organization or pro- intensified political repression and killings gram which supports or participates in the The PRESIDING OFFICER. Without of their supporters; management of a program of coercive abor- objection, it is so ordered. Whereas the Mugabe regime persisted with tion or involuntary sterilizations.’’ The resolution (S. Res. 611) was the runoff election, despite the protest of agreed to. many leaders in Africa, the EU, SADC, the f The preamble was agreed to. United Nations Security Council, and the United States Government; NOTICE: REGISTRATION OF MASS The resolution, with its preamble, reads as follows: Whereas results from the runoff election MAILINGS unsurprisingly declared Robert Mugabe, the The filing date for 2008 second quar- S. RES. 611 only standing candidate, as the winner with ter mass mailings is Friday, July 25, Whereas, over the last eight years, the 85 percent of the vote, and he was sworn into 2008. If your office did no mass mailings Zimbabwean African National Union-Patri- office; otic Front (ZANU–PF), led by Robert Whereas SADC, the Pan-African Par- during this period, please submit a Mugabe, has increasingly turned to violence liament, and AU Observer missions to form that states ‘‘none.’’ and intimidation to maintain power amidst a Zimbabwe made statements on June 29 and Mass mailing registrations, or nega- deteriorating crisis; 30, 2008, finding that the elections fell short tive reports, should be submitted to Whereas the gross domestic product of of accepted African Union standards, did not the Senate Office of Public Records, 232 Zimbabwe has decreased over 40 percent in give rise to free, fair, or credible elections, Hart Building, Washington, DC 20510– the last decade, inflation is estimated by and did not reflect the will of the people of 7116. United Nations Deputy Secretary-General Zimbabwe; The Public Records office will be Asha-Rose Migiro at over 10,500,000 percent, Whereas, on June 4, 2008, the Mugabe re- unemployment is now over 80 percent, and gime banned the operations of non-govern- open from 9 a.m. to 6 p.m. on the filing more than 4,000,000 people have fled the mental organizations in Zimbabwe, includ- date to accept these filings. For further country; ing those who provide food and aid to mil- information, please contact the Public Whereas presidential and parliamentary lions of Zimbabweans suffering at the result Records office at (202) 224–0322. elections were held on March 29, 2008, in of a ZANU–PF’s policies, exacerbating the

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6670 CONGRESSIONAL RECORD — SENATE July 14, 2008 humanitarian crisis and leaving newly dis- REGARDING G8 SUMMIT IN JAPAN leaders of the Russian Federation have regu- placed victims of political violence without larly expressed a desire for the Russian Fed- Mr. REID. Mr. President, I ask unan- assistance; eration to play a leading role in inter- Whereas Nelson Mandela has described the imous consent that the Senate now national affairs; situation in Zimbabwe as a ‘‘tragic failure of proceed to the consideration of S. Res. Whereas the Russian Federation and other leadership,’’ while the Government of Bot- 612. members of the international community all swana has refused to recognize the election The PRESIDING OFFICER. The stand to benefit if the Russian Federation is outcome as legitimate and has said that rep- clerk will report the resolution by an active, constructive partner in addressing resentatives of the administration should be title. the broad range of challenges confronting excluded from SADC and African Union The legislative clerk read as follows: the global community; meetings; A resolution (S. 612) expressing the sense of Whereas the Russian Federation has evi- Whereas the African Union passed a resolu- denced the capacity and willingness to co- tion on July 1, 2008, expressing concern for the Senate that President George W. Bush, operate with the United States and other na- the loss of life in Zimbabwe and the need to President Dmitry Medvedev of the Russian tions in the interest of global security in cer- initiate political dialogue to promote peace, Federation, and other participants in the tain areas pertaining to arms control and democracy, and reconciliation; 2008 Group of Eight (G8) Summit in Toyako, Whereas the MDC reported on July 9, 2008, Hokkaido, Japan should work together to weapons proliferation, notably through its that 129 of its supporters have been killed foster a more constructive relationship, and participation in the Six-Party Talks regard- since the first round of elections, including that the Government of the Russian Federa- ing North Korea and its support of the incen- 20 since the runoff election, 1,500 of its activ- tion should eschew behaviors that are incon- tives package offered by leading countries to ists and officials are in detention, and 5,000 sistent with the Group’s objectives of pro- Iran if that country would suspend its ura- are missing or unaccounted for; and tecting global security, economic stability, nium enrichment program; Whereas the Group of Eight (G8) industri- and democracy. Whereas the United States and Russia have alized nations, at their annual summit, There being no objection, the Senate safely deactivated and destroyed thousands issued a joint statement on July 8, 2008, re- of nuclear, chemical, and biological weapons proceeded to consider the resolution. and provided upgraded storage and transpor- jecting the June 27, 2008, election and legit- Mr. REID. Mr. President, I ask unan- imacy of the Mugabe regime, as well as com- tation of nuclear materials through the mitting to further measures against those imous consent that the resolution be Nunn-Lugar program; responsible for the violence: Now, therefore, agreed to, the preamble be agreed to, Whereas the United States and other coun- be it the motions to reconsider be laid upon tries participating in the June 2002 G8 Sum- Resolved, That it is the sense of the Sen- the table, with no intervening action mit in Kananaskis, Canada agreed to raise ate— or debate, and that any statements re- up to $20,000,000,000 over 10 years to support (1) to support the people of Zimbabwe, who lating to this measure be printed in the nonproliferation projects in Russia and other continue to face widespread violence, polit- nations through the Global Partnership ical repression, a humanitarian emergency, RECORD. The PRESIDING OFFICER. Without Against the Spread of Weapons and Mate- and economic adversity; rials of Mass Destruction; (2) to condemn the Mugabe regime for its objection, it is so ordered. Whereas participants in the July 2006 G8 manipulation of the country’s electoral proc- The resolution (S. Res. 612) was Summit in St. Petersburg, Russia launched ess, including the March 29, 2008, election agreed to. the Global Initiative to Combat Nuclear Ter- and the June 27, 2008, runoff election and the The preamble was agreed to. rorism to improve the physical protection of regime’s continued attacks against, and in- The resolution, with its preamble, nuclear materials, suppress illicit trafficking timidation of, opposition members and sup- reads as follows: of such materials, and bolster the capacity of porters and civil society; S. RES. 612 willing partner nations to respond to acts of (3) to reject the results of the June 27, 2008, nuclear terrorism; Expressing the sense of the Senate that presidential runoff election in Zimbabwe as Whereas the United States and the Govern- President George W. Bush, President Dmitry illegitimate because of widespread irregular- ment of the Russian Federation pledged in Medvedev of the Russian Federation, and ities, systematic violence by the Mugabe re- the April 2008 Sochi Strategic Framework gime, and the boycott of the MDC; other participants in the 2008 Group of Eight Declaration to negotiate a ‘‘legally binding (4) to encourage the President’s continued (G8) Summit in Toyako, Hokkaido, Japan post-START arrangement’’ for the purposes efforts to tighten and expand sanctions on should work together to foster a more con- of extending provisions of the 1991 Strategic those individuals responsible for violations structive relationship, and that the Govern- Arms Reduction Treaty; of human and political rights in Zimbabwe; ment of the Russian Federation should es- Whereas, notwithstanding these successes, (5) to applaud the Governments of Benin, chew behaviors that are inconsistent with Botswana, Liberia, Kenya, Nigeria, Senegal, the Group’s objectives of protecting global the potential for collaboration between the Sierra Leone, and Zambia for condemning security, economic stability, and democracy. United States and the Government of the the violent derailment of the runoff election Whereas the leaders of 6 major industri- Russian Federation has been seriously un- at the African Union summit in Sharm El- alized democracies, including France, West dermined by the manner in which the leaders Sheikh; Germany, Italy, Japan, the United Kingdom, of the Russian Federation have conducted (6) to encourage all members of the United and the United States, gathered in 1975 for a aspects of Russia’s foreign policy; Nations Security Council to vote in favor of summit meeting in Rambouillet, France, and Whereas the Government of the Russian the proposed resolution that would authorize for annual meetings thereafter under a ro- Federation has unilaterally suspended imple- a United Nations Special Representative to tating presidency known as the Group of Six mentation of the 1991 Treaty on Conven- support the negotiations process, impose an (G6); tional Armed Forces in Europe (CFE Treaty) international arms embargo, and strengthen Whereas the G6 was established based on and has yet to fulfill its commitment to financial penalties on those individuals most the mutual interest of its members in pro- withdraw Russian forces from Georgia and responsible for undermining democratic moting economic stability, global security, Moldova pursuant to the 1999 Istanbul Sum- processes; and democracy; mit Declaration of the Organization for Se- (7) to encourage the African Union to ini- Whereas, in 1976, membership of the G6 was curity and Cooperation in Europe; tiate an inclusive political dialogue between expanded to include Canada; Whereas the CFE Treaty has played a key both parties and deploy a protection force to Whereas the members of the G7 share a role in enhancing the stability of the Euro- prevent attacks, assist victims, and prevent commitment to promote security, economic Atlantic region; the security situation from further deterio- stability, and democracy in their respective Whereas the Adapted CFE Treaty, which rating; nations and around the world; will not enter into force until the Russian (8) to urge leaders in Africa to engage di- Whereas Russia was integrated into the G7 Federation fulfills commitments made at the rectly in the effort to achieve an expeditious in 1998 at the behest of President William Istanbul Summit, will provide greater flexi- political resolution to the crisis; Jefferson Clinton following Russian Presi- bility for the Russian Federation in return (9) to urge the United States Government dent Boris Yeltsin’s decision to pursue re- for improved transparency and verification; and the international community to assem- forms and assume a neutral position on the Whereas the Government of the Russian ble a comprehensive economic and political acceptance of additional members into the Federation has attempted to undermine the recovery package for Zimbabwe in the event North Atlantic Treaty Organization (NATO); territorial integrity of the Republic of Geor- that a political resolution is reached and a Whereas the members of the G8 face com- gia through its support of the breakaway truly democratic government is formed; and mon challenges, including climate change, provinces of South Ossetia and Abkhazia; (10) to support a lasting democratic polit- violent extremism, global economic vola- Whereas the United Nations Observer Mis- ical solution that reflects the will and re- tility, pandemic disease, nuclear prolifera- sion in Georgia has concluded that a mili- spects the rights of the people of Zimbabwe, tion, and trafficking in narcotics, persons, tary aircraft belonging to the Russian Fed- including mechanisms to ensure that future and weapons of mass destruction; eration shot down an unarmed Georgian elections are free and fair, in accordance Whereas President Dmitry Medvedev, drone on April 20, 2008, while flying over with regional and international standards. Prime Minister Vladimir Putin, and other Abkhazia;

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 14, 2008 CONGRESSIONAL RECORD — SENATE S6671 Whereas the conduct of Russian trade and broad range of pressing global, regional, and (8) the United States, in coordination with energy policy has created a widespread per- domestic challenges; other members of the G8, should— ception that the Government of the Russian Whereas the people of the Russian Federa- (A) encourage the Government of the Rus- Federation is using oil and gas exports and tion and the people of the United States have sian Federation to address the challenges economic policy as a means of political pres- been disadvantaged by the resulting damage facing its society, including widespread cor- sure on countries that seek closer ties with to relations between the countries; ruption, a deteriorating health care system, the United States and Euro-Atlantic part- Whereas President Dmitry Medvedev, in an growing instability in the North Caucasus, ners; interview with the Reuters News Service on and an increasingly serious demographic cri- Whereas the behavior of the Russian Fed- June 25, 2008, stated that ‘‘freedom, democ- sis; and eration as it relates to several neighboring racy and the right to private property’’ (B) stand ready to assist the people and countries has contributed to the erosion of should define Russia’s behavior; Government of the Russian Federation in regional peace and security; Whereas the United States believes that those efforts; Whereas such actions are inconsistent with adherence on the part of the Government of (9) just as the United States welcomed the the G8’s objectives of protecting global secu- the Russian Federation to the values articu- increasing prosperity and political develop- rity, economic stability, and democracy, lated by President Medvedev would provide a ment of Germany, Japan, and the nations hinder cooperation with the Government of foundation for improved cooperation with Eastern Europe in the aftermath of former the Russian Federation, and undermine the the Russian Federation; conflicts, the United States should welcome standing of the Russian Federation as a re- Whereas adherence to the values articu- the emergence of the Russian Federation as spected member of the international commu- lated by President Medvedev would also help a strong, successful, democratic partner in nity; repair damage to the international reputa- addressing global challenges; and Whereas there has been considerable dis- tion of the Russian Federation and advance (10) the leaders of the Russian Federation agreement between the Government of the the goals of security, prosperity, and rep- should respect the rights of sovereign, demo- United States and the Government of the resentative governance that should be the cratic governments in neighboring countries Russian Federation regarding proposals to common ambition of all members of the G8; and their prerogative to seek membership in place ballistic missile defense interceptor Now, therefore, be it Euro-Atlantic institutions. and radar sites in Poland and the Czech Re- Resolved, That it is the sense of the Senate f public, respectively; that— Whereas certain developments inside the (1) in order to build a more constructive re- NATIONAL DIRECT SUPPORT PRO- Russian Federation and the Russian Govern- lationship with the Government of the Rus- FESSIONALS RECOGNITION WEEK ment’s conduct of domestic policy have un- sian Federation and its people, the President Mr. REID. Mr. President, I ask unan- dermined confidence in the Russian Federa- of the United States and other leaders of the imous consent that the Senate now tion’s ability and capability to serve as a full G8 nations should— proceed to the consideration of S. Res. partner in the work of the international (A) pursue a broad agenda of cooperation community; with the leaders of the Russian Federation; 613. Whereas the Department of State’s Coun- and The PRESIDING OFFICER. The try Report on Human Rights Practices for (B) encourage Russia’s transformation into clerk will report the resolution by 2007 stated that, in Russia, ‘‘continuing cen- a more liberal and democratic polity; title. tralization of power in the executive branch, (2) the Government of the United States The legislative clerk read as follows: a compliant State Duma, corruption and se- and the Government of the Russian Federa- A resolution (S. Res. 613) designating the lectivity in enforcement of the law, media tion should work to ensure the continued week beginning September 8, 2008, as ‘‘Na- restrictions, and harassment of some NGOs success of Nunn-Lugar initiatives and non- tional Direct Support Professionals Recogni- eroded the government’s accountability to proliferation and counterterrorism programs tion Week.’’ its citizens.’’; through— Whereas, in June 2008, a report released by (A) additional funding; There being no objection, the Senate Human Rights Watch concluded that Rus- (B) access to sensitive facilities; proceeded to consider the resolution. sian ‘‘law enforcement and security forces (C) effective safety and security measures Mr. REID. Mr. President, I ask unan- involved in counterinsurgency [in the North to prevent proliferation of nuclear, chemical, imous consent that the resolution be Caucasus] have committed dozens of and biological weapons and weapons-related agreed to, the preamble be agreed to, extrajudicial executions, summary and arbi- materials and technology; and the motions to reconsider be laid upon trary detentions, and acts of torture and (D) cooperation between the United States the table, with no intervening action cruel, inhuman or degrading treatment’’; and Russia to enhance these objectives on a or debate, and that any statements re- Whereas the Government of the Russian worldwide basis; Federation has failed to successfully pros- (3) the Government of the United States lating to this matter be printed in the ecute individuals responsible for the murder and the Government of the Russian Federa- RECORD. of critics of the Kremlin, including jour- tion, working within the International The PRESIDING OFFICER. Without nalist Anna Politkovskaya and Alexander Atomic Energy Agency and United Nations objection, it is so ordered. Litvinenko; Security Council, should renew demands for The resolution (S. Res. 613) was Whereas the 2008 Annual Report of Report- Iran to cease its nuclear enrichment activi- agreed to. ers without Borders noted a sharp increase ties and fully disclose any prior weapons-re- The preamble was agreed to. in government pressure on the independent lated work; The resolution, with its preamble, media in Russia, reporting that at least 2 (4) the Government of the United States journalists were forcibly sent to psychiatric and the Government of the Russian Federa- reads as follows: hospitals in 2007 and others were badly beat- tion should negotiate a legally-binding suc- S. RES. 613 en or kidnapped prior to the local and par- cessor agreement to the 1991 Strategic Arms Whereas direct support workers, direct liamentary elections in 2007; Reductions Treaty and address all out- care workers, personal assistants, personal Whereas Transparency International standing concerns regarding the 1991 Treaty attendants, in-home support workers, and ranked Russia 143 out of 179 countries for on Conventional Armed Forces in Europe; paraprofessionals (referred to in this pre- perceived corruption in 2007; (5) the leaders of the Russian Federation amble as ‘‘direct support professionals’’) are Whereas there is increasing concern about should adopt foreign and domestic policies the primary providers of publicly funded violent nationalism and xenophobia in the that are consistent with ‘‘freedom, democ- long term support and services for millions Russian Federation and the 2008 Annual Re- racy and the right to private property’’, as of individuals; port of the United States Commission on articulated by President Dmitry Medvedev; Whereas a direct support professional must International Religious Freedom reports (6) the Government of the Russian Federa- build a close, trusted relationship with an in- that there has been a ‘‘sharp rise in violent tion should take immediate steps to restore dividual with disabilities; crimes against persons [in Russia] on ac- the freedom and independence of the coun- Whereas a direct support professional as- count of their religion or ethnicity’’; try’s media in accordance with its obliga- sists an individual with disabilities with the Whereas, in the handling of the Yukos Oil tions under the International Covenant on most intimate needs, on a daily basis; Company case and numerous other judicial Civil and Political Rights; Whereas direct support professionals pro- actions, the Government of the Russian Fed- (7) the Government and officials of the vide a broad range of support, including— eration has permitted the politicization of Russian Federation should refrain from por- (1) preparation of meals; Russia’s legal system; traying the North Atlantic Treaty Organiza- (2) helping with medications; Whereas these developments have seri- tion (NATO) as a threat to the Russian Fed- (3) bathing; ously damaged international confidence in eration and fully utilize the consultative (4) dressing; the institutions and laws of the Russian Fed- mechanisms that exist through the NATO- (5) mobility; eration and hindered the ability of the Russia Council to facilitate cooperation be- (6) getting to school, work, religious, and United States and other partners to work tween the countries of NATO and the Rus- recreational activities; and with the Russian Federation in addressing a sian Federation; (7) general daily affairs;

VerDate Mar 15 2010 22:09 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2008SENATE\S14JY8.REC S14JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6672 CONGRESSIONAL RECORD — SENATE July 14, 2008 Whereas a direct support professional pro- being focused on them over the week- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: vides essential support to help keep an indi- end and today, have stabilized, and To be lieutenant general vidual with disabilities connected to the that is the way it should be. We are family and community of the individual; going to try to move forward on this MAJ. GEN. ROBERT E. DURBIN Whereas direct support professionals en- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT able individuals with disabilities to live very quickly. IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND meaningful, productive lives; f RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Whereas direct support professionals are ORDERS FOR TUESDAY, JULY 15, To be lieutenant general the key to allowing an individual with dis- abilities to live successfully in the commu- 2008 LT. GEN. RONALD L. BURGESS, JR. nity of the individual, and to avoid more THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mr. REID. Mr. President, I ask unan- IN THE UNITED STATES ARMY TO THE GRADE INDICATED costly institutional care; imous consent that when the Senate WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND Whereas the majority of direct support completes its business today, it stand RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: professionals are female, and many are the adjourned until 10 a.m. tomorrow, To be lieutenant general sole breadwinners of their families; LT. GEN. JOHN F. KIMMONS Whereas direct support professionals work Tuesday, July 15; that following the and pay taxes, but many remain impover- prayer and pledge, the Journal of pro- IN THE MARINE CORPS ished and are eligible for the same Federal ceedings be approved to date, the time THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE OF LIEUTENANT GENERAL IN THE and State public assistance programs on for the two leaders be reserved for their UNITED STATES MARINE CORPS WHILE ASSIGNED TO A which the individuals with disabilities use later in the day, and the Senate POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER served by the direct support professionals proceed to a period of morning business TITLE 10, U.S.C., SECTION 601: must depend; for up to 1 hour, with the time equally To be lieutenant general Whereas Federal and State policies, as well divided and controlled between the two MAJ. GEN. GEOGE J. FLYNN as the Supreme Court, in Olmstead v. L.C., leaders or their designees, with the Re- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT 527 U.S. 581 (1999), assert the right of an indi- IN THE UNITED STATES MARINE CORPS TO THE GRADE vidual to live in the home and community of publicans controlling the first half and INDICATED UNDER TITLE 10, U.S.C., SECTION 624: the individual; the majority controlling the second To be brigadier general Whereas, in 2008, the majority of direct half; that following morning business, COLONEL JUAN G. AYALA support professionals are employed in home the Senate resume consideration of S. COLONEL RONALD F. BACZKOWSKI and community-based settings and this trend 2731, the Global AIDS bill, and when COLONEL WILLIAM B. CROWE is projected to increase over the next decade; COLONEL MICHAEL G. DANA the Senate resumes consideration of COLONEL WILLIAM M. FAULKNER Whereas there is a documented critical and the bill, the majority leader or his des- COLONEL WALTER L. MILLER, JR. growing shortage of direct support profes- COLONEL JOSEPH L. OSTERMAN ignee be recognized to move to table COLONEL CHRISTOPHER S. OWENS sionals in every community throughout the COLONEL GREGG A. STURDEVANT United States; and the DeMint amendment No. 5078. I fur- COLONEL GLENN M. WALTERS ther ask the Senate stand adjourned Whereas many direct support professionals IN THE ARMY are forced to leave jobs due to inadequate from 12:30 to 2:15 p.m. to allow for the THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT wages and benefits, creating high turnover weekly policy luncheons. TO THE GRADE INDICATED IN THE UNITED STATES ARMY and vacancy rates that research dem- The PRESIDING OFFICER. Without UNDER TITLE 10, U.S.C., SECTION 624: onstrates adversely affects the quality of objection, it is so ordered. To be lieutenant colonel support to individuals with disabilities: Now, Mr. REID. I would say, Mr. President, STEPHEN L. AKI therefore, be it Senators should expect the first vote of RODRIGUE ALEANDRE Resolved, That the Senate— JOEL O. ALEXANDER (1) designates the week beginning Sep- the day to occur as early as 11 a.m. to- EDWARD W. ALLEN II morrow morning. PAUL M. ALLMON tember 8, 2008, as ‘‘National Direct Support TODD K. ALSTON Professionals Recognition Week’’; f LISA L. ANDERSON (2) recognizes the dedication and vital role SEAN D. ANDERSON ADJOURNMENT UNTIL 10 A.M. WILLIAM J. ANDERSON of direct support professionals in enhancing CARMEN R. ANTHONY the lives of individuals with disabilities of TOMORROW MICHAEL J. ARNOLD all ages; Mr. REID. Mr. President, if there is OSWALDO C. ARROYO (3) appreciates the contribution of direct SPENCER O. ASHFORD no further business to be brought be- HOUSTON E. BAKER support professionals in supporting the needs RONALD L. BAKER that reach beyond the capacities of millions fore the Senate, I ask unanimous con- SHERWOOD P. BAKER II sent that it stand adjourned under the ROY D. BANZON of families in the United States; CHARLES H. BARBER (4) commends direct support professionals previous order. DALLIS L. BARNES as integral in supporting the long-term sup- There being no objection, the Senate, KIMMIE M. BARTENSLAGER MICHAEL A. BAUMEISTER port and services system of the United at 7:27 p.m., adjourned until Tuesday, KIRBY D. BEARD States; and July 15, 2008, at 10 a.m. DAVID M. BEDARD (5) finds that the successful implementa- LAMONICA BELL f CHRISTOPHER A. BENN tion of the public policies of the United THOMAS F. BENTZEL States depends on the dedication of direct NOMINATIONS CRAIG S. BESAW support professionals. DERELL M. BIBBS Executive nominations received by JOHN C. BIVONA, JR. f CHARLES E. BLEDSOE the Senate: ELIZABETH E. BLEDSOE PROGRAM IN THE AIR FORCE MICHAEL D. BLOMQUIST JAMES W. BOGART Mr. REID. Mr. President, we are THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LAURA B. BOZEMAN going to be able to move through this AS VICE CHIEF OF STAFF, UNITED STATES AIR FORCE, STEVEN R. BRADDOM AND APPOINTMENT TO THE GRADE INDICATED WHILE JAMES T. BRADY II PEPFAR legislation. It would be good ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- WILLIAM T. BRENNAN for our country if we pass it. I also SIBILITY UNDER TITLE 10, U.S.C., SECTIONS 8034 AND 601: CHRISTOPHER M. BRIDGES JOHN C. BROOKIE have spoken to the Speaker. She agrees To be general CHRISTOPHER L. BROWN with me and Senator MCCONNELL that LT. GEN. WILLIAM M. FRASER III EVAN J. BROWN JAMES L. BROWN we should move this housing fix quick- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KEVYN M. BRYANT ly. The President and his people have IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- SHATRECE B. BUCHANAN CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE CLYDE M. BUCKLEY submitted to us some language that we AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION GREGORY N. BUNN think, from all we can tell, is appro- 601: BRENDEN D. BURKE To be lieutenant general ADAM W. BUTLER priate. Senator DODD is agreeing we DAVID B. BYERS should move forward. I think there is a MAJ. GEN. LARRY D. JAMES JILL F. CAHILL sense we should do this within the next THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED LINNIE W. CAIN, JR. STATES OFFICER FOR APPOINTMENT IN THE RESERVE EARL D. CALEB couple of days. This is something that OF THE AIR FORCE TO THE GRADE INDICATED UNDER JOHN C. CALHOUN TITLE 10, U.S.C., SECTIONS 12203 AND 12212: MIKE A. CALVIN is important. WILLIAM J. CAMPBELL III With the housing crisis, the main To be major general JASON A. CARRICO reason we do this is to make sure peo- JEFFERY A. CARTER BRIG. GEN. KELLY K. MCKEAGUE WILLIAM D. CARUSO ple understand that we have faith in IN THE ARMY YONG S. CASSLE our financial markets. Fannie and ERNEST R. CHAMBERS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSEPH H. CHAN Freddie, we believe, with the attention IN THE UNITED STATES ARMY TO THE GRADE INDICATED JEAN R. CHAUSSE

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QUINZEL E. CHESTNUT NORMAN B. KIRBY, JR. GARY E. SPEAROW DAVID D. CHIPCHASE STEPHEN L. KNOTTS MARC A. SPENCER HARRIET A. CLANCY CHARLES H. KOEHLER III KATHRYN A. SPLETSTOSER SHAY V. COATES MICHAEL K. KOLB CHARLES A. STAMM GREGORY H. COILE JOHN N. KOTZMAN JOYCE B. STEWART WILLIAM C. COKER CHRISTINA M. KRYCH SCOTT W. STEWART ROBERT M. COLLINS CALYES L. KYNARD II WILLIAM L. STEWART, JR. JOSE A. COLONRODRIGUEZ JEFFERY M. LACAZE TIMOTHY R. STIANSEN AARON J. COOK CHRISTOPHER J. LACKOVIC LAWRENCE R. STILLER ALANNA M. COOK CYNTHIA LANG MARK T. STINER JOHN L. COOMBS TRACY L. LANIER DANIEL L. STONE KENNETH J. COON KELLY D. LAUGHLIN DONALD W. STONER III JAMES W. CRAFT III ROBERT N. LAW CHRISTOPHER G. STRACK JACOB E. CRAWFORD III JOSEPH H. LAWSON III DARYL L. STRONG CARMELO A. CRESPOAGUADO RICARDO LEBRON CRAIG TACKETT ELISABETH G. CROOKS WILLIAM E. LEE III MARK E. TALBOT LANCE G. CURTIS WON S. LEE RICHARD J. TATE FRANK G. DAVIS II KENNETH M. LEEDS, JR. CLINT C. TAYLOR PAUL M. DAVIS CHRISTOPHER D. LELJEDAL JOHN M. THANE STEPHEN R. DAVIS CYNTHIA A. LERCH ROBERT J. THOMAS TOYA J. DAVIS DOUGLAS A. LEVIEN JAMES M. THORNE ROBERT A. DAWSON JOHN D. LOONEY LEE M. TONSMEIRE GLENN A. DEAN III CARLOS E. LOPEZGUZMAN MILES E. TOWNSEND RICHARD B. DEBANY ROBERT W. LOVE, JR. MICHAEL E. TRAXLER ELIZABETH DELBRIDGEKEOUGH DOUGLAS S. LOWREY PATRICK J. UNZICKER ROY A. DESILVA SIDNEY J. LOYD LUIS A. URBINA CHRISTOPHER E. DEXTER ERIC W. LUDWIG VINCENT C. VALLEY PAUL D. DISMER BRIAN J. LYTTLE ANGEL L. VELEZ ROBERT A. DIXON, JR. EDWARD D. MADDOX MENDEL D. WADDELL WILLIE L. DRUMGOLD, JR. ROBIN L. MAHADY LAURA K. WAGES JEROME C. DUFFY, JR. VICTOR M. MARRERO THOMAS L. WAILD, JR. PAUL R. DWIGANS GARY A. MARTIN ALLEN F. WALKER LANCE R. ELDRED MICHAEL B. MARTIN SUSAN M. WALTON MICHAEL G. ELLIOTT JOHN P. MAYER TIMOTHY A. WARNER BRUCE E. ELLIS ROBERT A. MCCASLIN EUGENE WARREN KEVIN L. ELLISON WILLIAM J. MCCLARY DONALD A. WEYLER MICHAEL F. ENNABE DAVID J. MCCONNELL KEVIN S. WHITE MARK A. EVANS RANDY E. MCGEE CRAIG A. WHITTEN MARK M. EVANS DENNIS M. MCGOWAN DEAN E. WILEY MARY V. EWING MICHAEL T. MCTIGUE DONALD B. WILHIDE DALE L. FARRAND KEITH J. MCVEIGH JIMMIE L. WILLIAMS, JR. ANN G. FINLEY SIDNEY W. MELTON JOSEPH V. WILLIAMS TODD J. FISH GERARDO V. MENESES DONALD K. WOLS JAMES R. FLANDERS CHRISTOPHER D. MEREDITH CARL E. WOMACK, JR. MICHAEL E. FOSTER, SR. MARI E. MEW JERRY L. WOOD SABRINA E. FRANCIS ROBERT J. MICELI GLENN W. WOOLGAR DANIEL L. FURBER ROBERT E. MIDDLETON CHARLES WORSHIM III KENNETH L. GAMBLES KENDRA L. MILLIKEN BROADUS H. WRIGHT III GAVIN J. GARDNER DAVID L. MORGAN III TIMOTHY W. ZIMMERMAN CRAIG R. GARDUNIA CALVIN A. MORRIS D0000 ANTHONY GAUTIER JOSEPH R. MORROW D0000 KEVIN L. GEISBERT ROBERT S. MOTT D0000 LANCE G. GIDDENS MARC A. MUELLER D0000 FRANK V. GILBERTSON HAKEEM A. MUHAMMAD D0000 TIMOTHY M. GILHOOL IAN D. MURDOCH D0000 AMERICUS M. GILL III VERNON L. MYERS D0000 KEVIN D. GILSON MICHAEL T. NAIFEH BRETT F. GORDON PAUL J. NAROWSKI II THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEPHANIE E. GRADFORD JUDSON P. NELSON, JR. TO THE GRADE INDICATED IN THE UNITED STATES ARMY MARKO K. GRAHAM THOMAS D. NETZEL UNDER TITLE 10, U.S.C., SECTION 624: PETER N. GREANY DANA A. NORTON To be lieutenant colonel ALEXANDER E. GREENWICH VINCENT C. NWAFOR AMANDA P. GREIG ERIC P. OLSON EARL E. ABONADI SCOT W. GREIG GREGORY OQUENDO MARCUS P. ACOSTA CRAIG L. GROSENHEIDER GERARD J. OVERBEY ROY H. ADAMS III SUSAN M. GROSENHEIDER GEORGE PADILLA ARTHUR A. ADDLEMAN GREGORY H. GRZYBOWSKI KIYOUNG A. PAK EDWARD J. ALCOCK JAMES E. GULLEY, JR. CHRISTOPHER PALFI ROBERT F. ALVARO MARTY G. HAGENSTON KEVIN P. PAUL MICHAEL R. ANDERSON RICHARD T. HAGGERTY WANDA L. PEE STEVEN ANGERTHAL MARC A. HAMILTON ELIJAH PETTY, JR. RICHARD T. APPELHANS YEE C. HANG CHARLES G. PHILLIPS KRIS A. ARNOLD MATHEW J. HANNAH TERESA A. PLEINIS RAUL M. ARROCHA STEVEN G. HANSON PEYTON POTTS ERIC E. ASLAKSON DIANA M. HARDY SHAWN B. POWELL MATTHEW D. ATKINS CYNTHIA HARGROW DEMETRIUS R. PRICE MICHAEL A. BACHAND DARYL M. HARP IVAN J. QUINONES JOSEPH A. BAIRD RASHANN D. HARRIS ERIC C. RANNOW STEVEN L. BAIRD TERRECE B. HARRIS AUDREY RANSOM MARION P. BAKALORZ STACIE I. HATTEN CRAIG M. RAVENELL MATTHEW C. BALLARD JON HAWKINS JOHN A. REDINGER II JOHN L. BARRETT, JR. SHAWN L. HAWKINS JAMES E. REXFORD LEE A. BAUBLITZ ANTHONY L. HAYCOCK MARK A. RIDGLEY PHILIP A. BAUDE JERED P. HELWIG HAROLD T. RIGGINS III HASHEM BAYATPOOR MARK E. HENRIE STEPHEN J. RILEY TERRY A. BAYLISS THOMAS J. HENTHORN, JR. EARL W. RILINGTON, JR. JAIME T. BAZIL SEAN A. HILBER AARON D. ROBERSON WILLIAM V. BECK COFIELD B. HILBURN ROCHELLE C. ROBERSON SHANNON D. BEEBE STEVEN B. HINES KRISTIAN A. ROGERS ROY L. BEHNE JOHN B. HINSON JUAN ROSAS JOHN A. BENEDICT RICHARD J. HOERNER GEORGE L. ROSS ERIC J. BENEFIELD DEAN M. HOFFMAN IV MATTHEW H. RUEDI DAVID W. BERNARD MARK A. HOLLINGSWORTH GREGORY M. RUPKALVIS ALLEN T. BERRY JAMES P. HOOPER MARK W. RUSSELL TODD A. BERRY KAROLYN I. HOOPER THOMAS J. RYAN WOLFGANG T. BIGGERSTAFF JANE M. HOSTETLER RANDI E. RZESZOT KIM T. BIVIN HEIDI J. HOYLE ROY E. SALYER ERIC W. BLAIR ROBERT S. HRIBAR GREGORY E. SANDERS NANCY E. BODYK KAREN S. HUBBARD ANTHONY J. SATTERFIELD MATTHEW A. BOEHNKE WILLIAM T. HUNT, JR. ARI J. SCHEIN JOSE R. BRACERO, JR. DONALD W. HURST III BRADLEY C. SCHUTZ DAVID M. BRADSHAW NOAH HUTCHER MATTHEW M. SCHWIND MONICA F. BRADSHAW ANDREW J. HYATT TOMMIE L. SHERRILL JOHN D. BRANCH ERIC G. IACOBUCCI ERIC P. SHIRLEY STEVEN E. BREWER SULA L. IRISH SCOTT A. SHORE SCHUYLER M. BRISTOW ALICIA D. JACKSON CRAIG M. SHORT SCOTT D. BROOKS WILLIAM D. JACKSON PAUL D. SHULER JASON M. BROWN VERNON E. JAKOBY GLENN T. SIMPKINS MICHAEL L. BROWN MARK A. JOHNSON JONATHAN B. SLATER DANIEL W. BURNETT WILLIAM C. JOHNSON, JR. ZORN T. SLIMAN GUY M. BURROW ERNEST C. JONES ERIC J. SLOUGHFY THOMAS M. BUTLER DOUGLAS M. KADETZ PHILLIP E. SMALLWOOD JASON T. CALDWELL JOHN D. KAYLOR, JR. CATHERINE A. SMITH JAVIER E. CARDONA NELSON G. KERLEY, JR. CRYSTAL S. SMITH CHARLES A. CARLTON CHARLES F. KIMBALL JAMES M. SMITH ROBERT H. CARR FEDERICA L. KING GARY M. SOLDATO TANIA M. CHACHO JOHN C. KIRALY WILLIAM E. SPARROW MICHAEL A. CHANDANAIS

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MARY R. CHEYNE THOMAS M. LAFLEUR JEROME R. SHAY, JR. LAWRENCE W. CHINNERY, JR. LINDA M. LAMM EUGENE V. SHEELY JOO E. CHO PAUL E. LANZILLOTTA EULYS B. SHELL II JEFFREY S. CHRISMAN ERIC J. LARSEN THOMAS R. SHENK CECIL L. CLARK KEVIN T. LAUGHLIN AARON R. SHIELDS PATRICK S. COFFMAN TIMOTHY R. LAWRENCE JOHN A. SINCLAIR CHARLES O. COLLINS CARLETON A. LEE NANDKUMAR R. SINGH ANDREW A. COLLUM KEVIN H. LEE SCOTT H. SINKULAR KEITH A. COLLYER JASON LERNER DALE K. SLADE KURT P. CONNELL MARK J. LESZCZAK DARREN R. SMITH WILLIAM D. CONNER PETER S. LEVOLA STEPHEN M. SMITH JOHN A. CONNIFF DOUGLAS R. LEWIS ROBERT SOBESKI MICHAEL T. COOPER WILLIAM I. LEWIS, JR. BRIAN T. SOLDON DENNIS D. COWHER BRIAN J. LIEB MICHAEL J. SORRENTINO PAUL G. CRAFT MARVIN G. LOERA STEVEN J. SPARLING CHRISTOPHER M. CRAWFORD DARON L. LONG JOHN F. SPENCER III BRADY A. CROSIER SEAN W. LONG JEFFERY W. STANSFIELD JOSEPH A. CRUSE JOHN S. LYERLY JEFFREY A. STARKE ELOY E. CUEVAS KEVIN R. LYNCH BRIAN L. STEED BRADLEY W. CULLUM SUZANNE B. MACDONALD TAMMY L. STOCKING ROBERT M. CUNNINGHAM ANDREW W. MACK GEOFFREY M. STOKER WILLIAM P. CZAJKOWSKI, JR. MICHAEL L. MANSI OLIN K. STRADER DENNIS C. DANIELS MICHAEL A. MATNEY JASON T. STRICKLAND MARK D. DAVEY CYNTHIA A. MATUSKEVICH ANN L. SUMMERS QUACEY L. DAVIS CHRISTOPHER T. MAYER FRANK F. TANK RICHARD S. DAVIS TIMOTHY J. MAYNARD RALPH M. TAYLOR KETTI C. DAVISON EDWARD W. MCCARTHY AARON P. TIPTON STEPHEN E. DAWSON ANDREW S. MCCLELLAND PAUL J. TODD JOHN M. DEMKO RICHARD K. MCCLUNG THOMAS B. TREDWAY JAMES B. DICKEY JAMES E. MCDONOUGH MICHAEL F. TREVETT MICHELLE L. DIGRUTTOLO JAMES T. MCGHEE DAVID W. TROTTER GORDON E. DODSON, JR. MICHAEL D. MCKAY JAMES D. TURINETTI IV MARK H. DOTSON JOHN M. MCNEALY CURTIS L. TYGART GREGORY J. DOUBEK CHARMAINE R. MEANS ROBERT H. VALIEANT TIMOTHY A. DOYLE ANNETTE C. MERFALEN RUSSELL G. DRAPER TIMOTHY J. MERTSOCK VERNON N. VANDYNE TODD C. DUDLEY MARIA K. METCALF BRET P. VANPOPPEL GLORIA D. DUNKLIN WILLIAM P. MIGOS JUAN C. VEGA BRIAN R. DUNMIRE MICHAEL J. MILLWARD JONATHAN W. VERNAU CHRISTOPHER R. DURHAM BILLY M. MIRANDA WILLIAM T. VIAR MARC A. EDQUID GARY P. MISKOVSKY, JR. GREGORY C. VIGGIANO DONALD W. EDWARDS, JR. CAMERON G. MITCHELL LISA C. VINING DOUGLASS EDWARDS JOHN A. MOBERLY ROBERT A. VITT WILLIAM B. EGER PHILIP P. MONBLEAU GLENN J. VOELZ DEBORAH M. ELLIS CHARLES P. MOORE DALE L. VOLKMAN MELISSA D. FAHRNI DONALD E. MOORE TERESA A. WARDELL MARTIN J. FARENFIELD KERRY E. MOORES JASON F. WEECE ANDREW F. FARNSLER TODD T. MORGAN JOHN W. WEIDNER STEVEN G. FINLEY NICOLE R. MORRIS KENNETH M. WEILAND II SCOTT T. FLEEHER MARK L. MOSS DON L. WILLADSEN ROSS D. FLORES JOHN A. MOWCHAN DAVID G. WILLIAMS THOMAS F. FOSTER TIMOTHY R. MURDOCK DAVID T. WILLIAMS KATHY FOX THOMAS G. NEEMEYER JEFFREY N. WILLIAMS JOHN F. FRAVEL III LANDY T. NELSON, JR. BRET D. WILSON EARL A. FREEMAN ANGEL L. NIEVESORTIZ DAVID N. WILSON DANIEL FRIEND JOHN F. NOLDEN, JR. EDWARD C. WILSON KEITH A. GALLEW MATTHEW H. NUHSE TROY S. WISDOM ALPHONSO L. GAMBLE CHARLES B. OBRIEN LARRY N. WITTWER DAVID A. GIGLIOTTI EDWARD P. OCONNOR KEVIN P. WOLFLA DANIEL R. GINN JOSEPH T. ONEIL DOUGLAS R. WOODALL THOMAS P. GLOVER ANDREW S. ORNELAS JASON A. WOODFORD MARTIN D. GLYNN RANDALL G. OWENS DONALD R. WORDEN RICARDO GONZALEZ WESLEY P. PADILLA ROBERT B. WORSHAM DUANE K. GREEN JOHN PARENTE, JR. MICHAEL A. YORK JOSEPH D. GRIMES MARK B. PARKER JON W. YOUNG PETER J. HABIC JOEL S. PAWLOSKI RICHARD L. ZELLMANN MICHAEL HAKEMAN WILLIAM F. PEARMAN PAUL M. ZEPS, JR. JERRY A. HALL GREGORY H. PENFIELD SCOTT M. ZNAMENACEK MARIE L. HALL MELANIE S. PEREZ D0000 TYRONE J. HALL DAVID C. PERRINE D0000 DAN R. HANSON KEITH C. PHILLIPS D0000 JAMES E. HARDY JEANMARC PIERRE D0000 GARRICK M. HARMON SEAN L. PIERSON D0000 BLAIRE M. HARMS GEOFFREY D. PINSKY D0000 ELLIOT E. HARRIS WILLIAM R. PITTMAN IV D0000 JOHN K. HARRIS CHRISTIANE L. PLOCH X0000 LARRY D. HARRISON II JAMES S. POWELL X0000 CHRISTOPHER L. HARTLEY CLIFTON PRAT X0000 JAMES E. HARVEY BRIAN W. PREISS X0000 LINDA T. HARVEY JOHN D. PRICE X0000 JASON R. HAYES JAMES B. PUGEL X0000 STEVEN A. HEDDEN RICHARD J. QUIRK IV X0000 TROY K. HEINEMAN ALAN L. RAMOS X0000 TERRY W. HERRING FIRMAN H. RAY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRADLEY C. HILTON JOEL D. RAYBURN TO THE GRADE INDICATED IN THE UNITED STATES CLIFFORD M. HODGES VIRGINIA REED ARMY UNDER TITLE 10, U.S.C., SECTION 624: JAMES R. HOGAN ROBERT N. RIDDLE To be lieutenant colonel THOMAS P. HOLLIDAY, JR. MARK S. RILEY ERIC A. HOLLISTER LORA A. RIMMER JEFFREY W. ABBOTT JEFFREY B. HOUSE ROYAL S. RIPLEY BRIAN W. ADAMS MATTHEW J. INGRAM WENDY L. RIVERS JAY R. ADAMS JEFFREY L. JENNETTE PAUL W. ROBYN JOHNNY D. ADAMS ALAN L. JOHNSON RONALD D. ROGERS LAMAR D. ADAMS ANTONIO D. JOHNSON STEPHEN C. ROGERS MARK E. ADAMS JOHN D. JOHNSON PAUL D. ROMAGNOLI KEVIN D. ADMIRAL STEVEN W. JOHNSON KEVIN P. ROMANO LAWRENCE AGUILLARD III THOMAS C. JOHNSON DANA RUCINSKI MARK J. AITKEN TODD A. JOHNSON DANIEL J. RUDER BARBI L. ALEANDRE BENJAMIN C. JONES ROBERTO RUIZ JOSEPH P. ALESSI DAVID C. JONES CRAIG A. SALO MARK E. ALEXANDER DAVID M. JONES DANNY B. SALTER STEPHEN B. ALEXANDER DOUGLAS D. JONES PAUL M. SALTYSIAK CRAIG J. ALIA MARTINA L. JONES RONALD D. SARGENT, JR. JOHN R. ALLEN SHANNON D. JUDNIC REID L. SAWYER MARK A. ALVAREZ PIERRE D. JUTRAS PETER J. SCAMMELL MAXWELL J. AMMONS WILLIAM H. KACZYNSKI ROBERT J. SCANLON CURTIS T. ANDERSON II GUY M. KAPUSTKA ROBERT W. SCHAEFER DOUGLAS A. ANDERSON KIM T. KAWAMOTO WILLIAM M. SCHAUM, JR. JOEL K. AOKI DAVID R. KING PATRICK J. SCHULER CHAD R. ARCAND BRET C. KINMAN ROBERT C. SCHULTE PATRICIA A. ARCARI MICHAEL G. KIRKLAND JOHN W. SCHURTZ TIMOTHY J. ATKINS KENNETH F. KLOCK CHRISTINA M. SCHWEISS CHARLES H. AUER, JR. DAVID L. KNIGHT CHARLES E. SEGARS TODD A. AULD WILLIAM K. KONDRACKI SUZANNE M. SELF CORBIN K. BACKMAN KEVIN J. KRACKENBERGER DENNIS S. SENTELL, JR. JAMES J. BAILEY DAVID P. KRAHL MICHAEL R. SEVERSON JOHN M. BAILEY, JR. DANIEL F. KUNTZ GERALD W. SHAW ALLAN P. BAKER

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ALAN K. BAL WILLIAM E. DAVENPORT II MICHAEL D. HENDERSON STEPHEN H. BALES MICHAEL L. DAVIDSON THOMAS C. HENSLEY REGGINIAL R. BARDEN II TIMOTHY C. DAVIS WILLIAM E. HERBERT IV BALLARD C. BARKER HAROLD C. DEMBY JOSEPH J. HERRMANN SEAN W. BARNES JEFFREY C. DENIUS VERNON W. HERTEL TROY D. BARNES MICHAEL C. DEROSIER JIMMY J. HESTER WILLIAM A. BARROW CHRISTOPHER D. DESSASO EARL B. HIGGINS, JR. SAMUEL S. BARTON TORREY A. DICIRO RONALD B. HILDNER BRENT M. BARTOS SCOTT DICKEY TIMOTHY C. HILGNER STEVEN G. BASSO KEVIN J. DIERMEIER JARED D. HILL SEAN T. BATEMAN SHANE C. DILLOW DAWN L. HILTON RYAN D. BATES CRAIG M. DOANE JOHN D. HIXSON STACY M. BATHRICK DAVID P. DOHERTY SCOT R. HODGDON PABLO BATISTAHERNANDEZ JAMES H. DONAHUE, JR. DOUGLAS C. HOENIG CRAIG S. BAUMGARTNER MICHAEL C. DONAHUE MARC F. HOFFMEISTER DAVID R. BAXTER DAVID A. DOSIER MARK A. HOLLER DERRICK E. BAXTER CHRISTOPHER P. DOWNEY DARYL O. HOOD THOMAS A. BAYER II DAVID S. DOYLE HAROLD D. HOOKS, JR. JAMES E. BEAN DANIEL J. DUDEK JOHN M. HOPPMANN JOHN C. BEATTY TIMOTHY M. DUFFY ARTURO J. HORTON WILLIAM T. BECK GERALD R. DULL PATRICK V. HOWELL MARY S. BELL JAMES A. DUNCAN JAMES E. HUBER WILLIAM J. BENNER THOMAS A. DUNCAN II WILLIAM H. HUFF IV DOUGLAS W. BENNETT LANDY D. DUNHAM HOWARD T. HUNT CRAIG R. BENSON MICHAEL K. DYE MICHAEL J. INDOVINA ANGEL N. BERMUDEZCASTRO BRIAN R. EBERT JOSEPH T. IRWIN, JR. SEAN C. BERNABE MARSHALL V. ECKLUND JAMES E. JACKSON KOLIN V. BERNARDONI MICHAEL E. EDWARDS PETER D. JACKSON ROBERT K. BERTRAND RICHARD J. EDWARDS GREGORY K. JACOBSEN MICHAEL J. BEST JAMES W. ELLERSON, JR. MICHAEL E. JAMES ROBERT E. BEY TODD G. EMOTO MARK D. JERNIGAN MARK O. BILAFER MICHAEL J. ERNST WILLIAM B. JOHNSON DAVID E. BITNER ARDRELLE L. EVANS KEVIN L. JOHNSTON JASON J. BLAIS MARCUS S. EVANS HERBERT A. JOLIAT ROBERT G. BLANKENSHIP JAMES M. FALCONE, JR. BENJAMIN S. JONES NATHAN B. BLOOD ROGER E. FARRIS DAVID E. JONES GLEN B. BLUMHARDT MATTHEW H. FATH GUY M. JONES MARC E. BOBERG EDWARD F. FEARS KENNETH E. JONES KENNETH D. BOGGS KYLE E. FEGER PAUL A. JONES THOMAS R. BOLEN KURT P. FELPEL JAMES J. JORDANO GEORGE M. BOND ENRICCO C. FINLEY STEPHANIE A. JUNG JOHN M. BONE DARREN P. FITZGERALD ROBERT P. KADERAVEK GREGORY A. BORCHERDING TIMOTHY J. FLETCHER MATTHEW E. KALESKAS DAVID T. BOROWICZ DARREN M. FLOWERS YVETTE M. KANNEY BRIAN L. BOWEN ROBERT D. FOSTER, JR. JOHN W. KARAGOSIAN RAYMOND D. BOWYER TODD M. FOX MICHAEL T. KATONA KEITH B. BRACE TIMOTHY R. FRAMBES MICHAEL B. KELLEY TERRENCE L. BRALEY CHARLES D. FREEMAN RICHARD R. KELLING JAMES M. BRAMBLETT BRIAN P. FREIDHOFF CARL D. KELLY, JR. DAVID B. BRICKER ROBERT G. FREYLAND JASON E. KELLY RONALD S. BRIDEGAM TOD A. FRIANT BRETT E. KESSLER MARSHALL W. BRIDGES JAMES A. FRICK CHRISTOPHER J. KIDD MICHAEL S. BROOKS ANTHONY E. FRITCHLE ROBERT F. KIERMAYR PAUL T. BROOKS STUART D. FURNER ANDREW B. KIGER WINSTON P. BROOKS ANDREW C. GAINEY MICHAEL K. KING MICHAEL D. BROPHY MADALYN S. GAINEY HERMAN F. KIRSCH EDWIN C. BROUSE JARED J. GALAZIN SEAN G. KIRSCHNER CHARLES M. BROWN JOSE F. GARCIA DARREN J. KLEMENS EDMOND M. BROWN LISA A. GARCIA KEVIN M. KLOPCIC KEVIN S. BROWN PAUL N. GARCIA STEPHEN G. KNEELAND TIMOTHY A. BRUMFIEL, SR. NICOLE J. GARDNER NIAVE F. KNELL PATRICK D. BRUNDIDGE GREG W. GAUNTLETT JOHN A. KNIGHT ERIC D. BRUNKEN PATRICK L. GAYDON JOHN H. KNIGHTSTEP JAMES D. BRUNS, JR. ANDY J. GENASCI TIMOTHY J. KNOWLES JOHN T. BRYANT CRAIG W. GENDREAU ANDREW W. KOLOSKI SANTIAGO G. BUENO III DARRYL L. GEROW, SR. DAVID R. KRAMER CHRISTOPHER A. BURNS KIRK E. GIBBS ROBERT S. KRENZEL, JR. THOMAS D. BURTON JAYSON C. GILBERTI CHARLES L. KURZ CHRISTOPHER S. BUTLER JOSEPH B. GILION KERIEM X. KVALEVOG CURTIS A. BUZZARD MICHAEL M. GILL MICHAEL J. LACKMAN DAVID A. CALDWELL JEFFREY S. GLOEDE ALBERT A. LAHOOD, JR. PATRICK A. CALLAHAN PAUL L. GOETHALS ALLAN H. LANCETA SCOTT A. CAMPBELL DAVID J. GOETZE JAMES D. LANDER CAMERON M. CANTLON ROBERT J. GONDOLFO ADAM W. LANGE JAMES F. CARLISLE GORDON M. GORE GLENN E. LAPOINT CHRISTOPHER J. CASSIBRY JOHN R. GOSSART JONATHAN C. LARSEN ROBERT C. CASTELLI JOEL C. GRANTHAM, JR. MICHAEL M. LARSEN GEOFFREY A. CATLETT GARY R. GRAVES MICHAEL J. LAWRENCE INGRID I. CENTURION DARRELL L. GREEN DAVID J. LEACH EDWARD P. CHAMBERLAYNE SCOTT A. GREEN KEVIN C. LEAHY BEVIN K. CHEROT TIMOTHY M. GREENHAW THEODORE M. LEBLOW SCOTT M. CHIASSON ROBERT W. GRIEGO SEAN M. LEEMAN WARREN CHRISTOPHER RHETT B. GRINER HERBERT E. LEPLATT BRETT M. CLARK DANIEL GUADALUPE TIMOTHY P. LEROUX SEAN D. CLEVELAND EUGENIA K. GUILMARTIN DAVID R. LEWIS DONN T. COFFMAN THOMAS B. GUKEISEN JACKIELYN LEWIS CHRISTOPHER COGLIANESE NATHANIEL D. GUSTIN THOMAS E. LEWIS, JR. MALCOLM C. COLE II ROBERT A. GUTIERREZ OTTO K. LILLER CHRISTOPHER L. COLEMAN DOUGLAS B. GUTTORMSEN JOHN A. LOBASH, JR. LIAM S. COLLINS YI S. GWON JOSEPH G. LOCK CHRISTOPHER L. CONNOLLY RAYMOND E. HACKLER DAVID T. LONDON JOHN W. CONNOR JUSTIN D. HADLEY ARTHUR J. LONTOC ROBERT J. CONNOR, JR. DAVID W. HAINES JOE A. LOPEZ FRANK J. COOK DAVID W. HAINES PETER B. LUGAR NATHAN E. COOK II SAMUEL E. HALES BRIAN J. LUNDAY CHRISTOPHER C. CORBETT PHILIP J. HALLIBURTON MATTHEW J. MACHON NICHOLAS P. CORRAO THOMAS B. HAM WESLEY F. MACMULLEN SCOTT A. COULSON VICTOR S. HAMILTON THAMAR A. MAIN CHRISTOPHER J. COX THOMAS D. HANSBARGER ROBERT MANNING III DARREN V. COX WILLIAM M. HARDY, JR. CRAIG J. MANVILLE BRUCE R. COYNE GREGORY S. HARKINS CARL W. MAROTTO JAMES R. CRAIG FRANK W. HARRAR TIMOTHY J. MARSHALL PAUL A. CRAVEY ANTHONY N. HARRIS JOSEPH J. MARTIN ELTON E. CRAWFORD II JAMES R. HARRIS, JR. MARK T. MARTINEZ GEOFFREY A. CRAWFORD MICHAEL D. HASTINGS SILAS G. MARTINEZ TIMOTHY CREIGHTON STUART A. HATFIELD JEFFREY D. MARTUSCELLI STEPHEN W. CROLEY JOHN R. HAUBERT IV CHARLES J. MASARACCHIA JOHN D. CROSS THOMAS M. HAWES MICHAEL L. MATHEWS CURTIS L. CRUM JAMES E. HAYES III JAMES A. MAXWELL MARC J. CUMMINS KEITH C. HAYES PAUL E. MAXWELL ROBERT A. CURRIS SHAWN Y. HAYESDAVIS JOSEPH MCCALLION, JR. SAMUEL W. CURTIS CYNTHIA A. HAZEL MICHAEL P. MCELRATH JOHN M. CUSHING SCOTT F. HEADEN JIMMY R. MCFALL SHAWN L. DANIEL DENNIS S. HEANEY MICHAEL J. MCGUIRE BARRY E. DANIELS, JR. TOWNLEY R. HEDRICK MATTHEW M. MCHALE TIMOTHY J. DARGIE JOSEPH E. HEFFERNAN KEVIN R. MCKAY WILLIAM E. DARNE ERIC D. HENDERSON MATTHEW R. MCKINLEY

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AGUSTIN MCLAMBQUINONES THEODORE R. READ STEWART S. TAYLOR LESTER A. MCLAUGHLIN, JR. DAVID M. REARDON, JR. RANDALL L. THRASH WILLIAM R. MCMILLAN SHERRI K. REED JOHN L. THROCKMORTON III STEPHEN M. MCMILLION RICHARD P. REESE III PAMELA S. TING LONNIE J. MCNAIR, JR. NEIL A. REILLY, JR. KEVIN S. TITUS GLENN M. MCRILL CHAD A. REIMAN MATTHEW A. TOLLE CLINTON S. MCWHORTER JOHN C. ROADCAP MICHAEL S. TRACY MICHAEL J. MELITO BRANDON S. ROBBINS BART R. TRAGEMANN JUAN MENDOZA, JR. CHRISTOPHER K. ROBBINS BRIAN TRIBUS JEFFREY A. MERENKOV ELIZABETH L. ROBBINS MICHAEL N. TROTTER GARRET K. MESSNER DANIEL M. ROBERTS COLIN P. TULEY JODY C. MILLER LORI L. ROBINSON DENNIS M. TURNER RUSSELL S. MILLER RICHARD E. ROBINSON III JERRY A. TURNER SHANNON T. MILLER JASON P. ROCK BRIAN TUSON STEPHEN A. MILLER ROBERT M. RODRIGUEZ PATRICK T. TVRDIK STEVEN M. MILLIKEN THOMAS J. ROE DIRK W. TYSON JON R. MILNER RICHARD R. ROLLER ELBERT D. VALENTINE ANDREW L. MILTNER ELBERT G. ROSS PRAXITELIS N. VAMVAKIAS RONALD J. MINTY, JR. SAMANTHA B. ROSS JACK E. VANTRESS JAMES M. MISHINA DANIEL N. ROUSE CHARLES M. VELESARIS JOHN P. MITCHELL JAMES D. ROUSE GUILLERMO A. VENTURA KOREY O. MITCHELL JOSHUA M. RUDD ERIC L. VICKERY BRADLEY F. MOCK THOMAS E. RUDE SON P. VO JEFFREY J. MONTE PHILIP J. RYAN DOUGLAS J. WADDINGHAM JON P. MOORE ROBERT W. RYAN ALAN R. WAGNER LANCE D. MOORE SEAN P. RYAN DAVID S. WALKER MATTHEW P. MOORE WILLIAM A. RYAN III ERIC L. WALKER MATTHEW R. MOORE WILLIAM S. SACHSE, JR. ERIK J. WALKER MAXIMO A. MOORE FRANKLIN R. SAFFEN NATHANIEL F. WALLACE CATHERINE L. MORELLEOLIVEIRA SAMUEL J. SAINE CHRISTOPHER S. WALTON CHRISTOPHER S. MORETTI JUAN M. SALDIVAR, JR. FRANK J. WALTON ANDREW MORGADO JAMES R. SALOME BRAD W. WAMBEKE SEAN M. MORGAN DAVID L. SANDERS III FORTE D. WARD JASON R. MORRIS KENNETH J. SANDERSON JAMES E. WARD SHANON J. MOSAKOWSKI HENRY SANTIAGOGONZALEZ DEWEY A. MOSLEY CHRISTOPHER N. SANTOS STEVEN A. WARMAN RICHARD L. MULLINS KENNETH W. SCHEIDT PAUL A. WARMUSKERKEN WILLIAM C. NAGEL ROBERT L. SCHILLER, JR. ADOLPHUS WEEMS III VINCENT D. NAVARRE RANDY D. SCHLIEP ERIC J. WEIS DAVID R. NEHRING, JR. CHRISTOPHER F. SCHMITT JOHN B. WEISNER ROBERT J. NEITZEL KARL K. SCHNEIDER RANDALL E. WHEELER BRUCE W. NELSON ERIC D. SCHOUREK MATTHEW R. WHITEHEAD JACK H. NELSON JEROME P. SCHULZ DAVID R. WILDER STEVEN W. NETTLETON GERALD R. SCOTT ALFRED G. WILLIAMS MARK A. NEWBY DONALD A. SCULLI GREGORY A. WILLIAMS BRANDON D. NEWTON CLAY A. SEABOLT JASON D. WILLIAMS DEMETRIOS J. NICHOLSON PHILIP M. SECRIST III BOB E. WILLIS, JR. HEATH J. NIEMI DAVID A. SEGULIN ROBERT L. WILSON ROLLAND C. NILES JAMES L. SHARP II SEAN E. WILSON ARNOLD J. NOONAN BRYAN L. SHARTZER TARPON S. WISEMAN JARED H. NORRELL DAVID M. SHELLY THOMAS E. WOODIE JEREMIE J. OATES LAWRENCE L. SHEPHERD PATRICK T. WRIGHT ROBERT A. OBRIEN IV KENNETH J. SHEPPARD ROBERT A. WRIGHT IV THOMAS W. OCONNOR, JR. PETER A. SICOLI CHRISTOPHER V. WYNDER TROY G. ODONNELL JEREMY T. SIEGRIST JOSEPH L. WYSZYNSKI MICHAEL T. OESCHGER JEREMY L. SIMMONS BRIAN K. YEE CRYSTAL M. OLIVER THOMAS N. SIMONS, JR. VINCENT M. YZNAGA STANNUS P. ORR MARK A. SIMPSON ANDREW M. ZACHERL ANDREW A. OSBORN TERRY L. SIMPSON PETER D. ZIKE LANCE D. OSKEY HARVINDER SINGH THOMAS D. ZIVKOVIC STEVEN E. OSTERHOLZER MARK A. SISCO D0000 DAVID L. PAINTER BRIAN D. SLACK D0000 DAVID L. PARKER NOEL C. SMART D0000 DARREN N. PARSONS ELIZABETH R. SMITH D0000 MICHAEL J. PATE FELTON E. SMITH, JR. D0000 FLINT M. PATTERSON GREGORY M. SMITH D0000 THOMAS D. PATTON, JR. KELLY H. SMITH D0000 BRIAN A. PAYNE RAYMOND P. SMITH D0000 NATALIE M. PEARSON TIMOTHY C. SMITH D0000 ISAAC J. PELTIER IRIS M. SOBCHAK D0000 JOSEPH PEPPER, JR. STEVEN J. SOIKA D0000 CARLOS M. PEREZ SYDNEY R. SONS, JR. D0000 CELESTINO PEREZ, JR. GROVER R. SOUTHERLAND D0000 MARIO L. PEREZ GERALD J. STALDER D0000 JEFFREY C. PERRY THOMAS A. STAMP, JR. D0000 JO D. PHILLIPS FRANK J. STANCO, JR. D0000 ROBERT G. PICHT, JR. MICHAEL L. STANDISH D0000 TODD A. PLOTNER MICHAEL D. STEEN JOHN A. POLHAMUS DARRYL D. STEPHENS f STEPHEN D. POMPER KENNETH T. STEPHENS JOSHUA J. POTTER JOEL R. STEPHENSON ANDREW T. POZNICK LARRY D. STEPHNEY WITHDRAWAL TIMOTHY L. PRATER JOSHUA T. STEVENS CURTIS W. PRICE GEOFFREY T. STEWART Executive Message transmitted by KEITH T. PRITCHARD WILLIAM D. STEWART KEITH C. PRITCHETT JOHN J. STRANGE, JR. the President to the Senate on July 14, ROLAND V. QUIDACHAY LANCE D. STRATTON 2008 withdrawing from further Senate JOHN L. RAFFERTY, JR. CHRISTIAN A. SULIT ROBERT L. RAGLAND CHAD R. SUNDEM consideration the following nomina- TROY J. RAMIREZ BRETT G. SYLVIA tion: DAVID L. RAUGH JOHN F. TAFT BRIAN D. RAY MUFUTAU A. TAIWO AIR FORCE NOMINATION OF LT. GEN. WILLIAM M. FRA- DAVID G. RAY CURTIS D. TAYLOR SER III, TO BE GENERAL, WHICH WAS SENT TO THE SEN- MARK R. READ SCOTT L. TAYLOR ATE ON APRIL 23, 2008.

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The MEK is a group that the United States ment to seriously reconsider its stance on the HONORING THE PEOPLE’S and the west should cultivate as we seek an democratic opposition of Iran and remove the MUJAHIDEEN ORGANIZATION OF organic, democratic change agent in Iran. group from our list of terrorist organizations. Fortunately, the United Kingdom has al- IRAN It’s time to take the handcuffs off of the ready come to this conclusion in removing the MEK. MEK from the British terrorist list earlier this HON. THOMAS G. TANCREDO year. f OF COLORADO Franklin Roosevelt and Winston Churchill IN THE HOUSE OF REPRESENTATIVES were willing to enter into an alliance with Jo- IN RECOGNITION OF CHRIS Monday, July 14, 2008 seph Stalin and the Soviet Union in 1941 in MURZIN, UNIVERSITY PARK’S 2008 CITIZEN OF THE YEAR Mr. TANCREDO. Madam Speaker, in the order to defeat Hitler. We used every ally and 1980’s the United States supported and every resource to defeat the Axis Powers. Yet helped arm the Afghan resistance to Soviet today, in dealing with the terrorist regime of HON. PETE SESSIONS occupation of their country, a policy later por- Iran, a regime that daily threatens to destroy OF TEXAS Israel and the U.S. (the ‘‘Great Satan’’) and is trayed in the award-winning Tom Hanks IN THE HOUSE OF REPRESENTATIVES movie, ‘‘Charlie Wilson’s War.’’ Today we actively seeking the means of fulfilling that need to show support for dissidents fighting to threat, we cannot find it in our interest to Monday, July 14, 2008 overthrow the terrorist regime in Tehran. It will render aid to the People’s Mujahideen of Iran Mr. SESSIONS. Madam Speaker, I rise come as a surprise to most Americans that we because of its checkered past. today to congratulate Chris Murzin who was are not doing so. It is time for the western world to re-exam- named University Park’s 2008 Citizen of the In that struggle to push the Soviets out of ine our treatment of the MEK in the wake of Year. the UK court decision. Afghanistan, not all of those Afghan freedom- Chris and his family moved to University For starters, the political goals behind desig- fighters were fighting for democracy. It was a Park in 2006 and have been active members nating the MEK as a terrorist organization coalition of forces who had one thing in com- of our local community. As a father of a child here in the U.S. have failed to materialize. If mon: they wanted the Soviets out of their with special needs, he was quick to identify anything, the Iranian government has become country. We supported them, and they won. local accessibility issues and has dedicated more aggressive and repressive in the years Not only did the Soviets leave Afghanistan, himself to improving the lives of the disabled. since the MEK designation. Iran is supporting within four years the Soviet Union imploded. He is constantly on the forefront of our com- violence and terrorism from Baghdad to Beirut, One of the main groups fighting to over- munity—educating the public, meeting with of- has defied U.N. demands to end its nuclear throw the Ahmadinejad regime is the People’s ficials from Highland Park Independent School enrichment program, and shows no signs of Mujahideen Organization of Iran (PMOI)—also District and PTA members, and coordinating a moderating its behavior—test firing missiles called the MEK—and its political arm, the Na- citizen-based fund drive to build a barrier-free yesterday in violation of UN Security Council tional Council of Resistance in Iran (NCRI). playground. I know he will continue to strive resolutions. Strangely, instead of assisting these dis- for a better life for the disabled by serving as What better way to send a message to sidents, our Department of State decided to a vocal advocate. His vision and commitment Tehran than to free the MEK from the inter- label them terrorists in 1997. to this cause has already led to greater aware- national stigma that comes with the ‘terrorist’ In the decade since, a debate has raged ness in University Park and will soon be evi- label. about whether the designation of the MEK as denced by a barrier-free playground at Coffee This year’s U.S. State Department Country a terrorist group was driven less by the facts Park. Reports on Terrorism rightly brands the Ira- than it was a desire on the part of State De- Madam Speaker, I ask my esteemed col- partment bureaucrats to curry favor with ‘‘mod- nian government as the number one state sponsor of global terrorism. Iran has also been leagues to join me in expressing our sincerest erates’’ in the government of then-Iranian congratulations to him and our heartfelt grati- President Mohammad Khatami. Either way, it the principal supplier of IEDs to terrorists in Iraq who are killing American soldiers and tude for his dedicated efforts to better the lives is has become clear that this ‘‘good will ges- of the disabled. ture’’ on the part of the State Department Iraqi civilians. failed to yield any progress with Tehran. Despite continued efforts at diplomacy, fi- f The MEK advocates a secular democratic nancial sanctions, and—in the case of placing government for Iran, one that that respects the MEK on various terrorist lists—outright ap- DR. JOSHUA CULBREATH human rights and basic freedoms (including peasement by many western countries, Iranian freedom of the press and freedom of religion) President Mahmoud Ahmadinejad has de- and has provided intelligence and assistance clared that his country will never yield its ‘‘dig- HON. JOE SESTAK about the activities of the Iranian regime in nity’’ by suspending its uranium enrichment OF PENNSYLVANIA Iraq, and Tehran’s covert nuclear program. program. IN THE HOUSE OF REPRESENTATIVES U.S., EU and UN negotiators have been Moreover, a number of the group’s members Monday, July 14, 2008 are under the protection of Coalition troops in talking with Tehran about its nuclear program Iraq. for many years, but Tehran has shown no sign Mr. SESTAK. Madam Speaker, I rise today Unfortunately, the group was recently the of changing course. And why should they to honor the career of a remarkable individual victim of a missile attack at Camp Ashraf in when we keep handcuffs on Iranian dissidents on the occasion of his induction into the Iraq. This is a testament to how much Tehran who might cause the Iranian regime real prob- United States Marine Corps Hall of Fame: Dr. fears the group. lems? Joshua ‘‘Josh’’ Culbreath, a native of Norris- I hope the Iranian regime will refrain from If western efforts at ‘‘dialogue’’ and ‘‘diplo- town, PA and an Olympic athlete, who distin- future attacks of this nature, as Ashraf’s resi- macy’’ are to be successful, they must be guished himself as a community leader. dents are protected under the Fourth Geneva more than opportunities for Iran to stall for Dr. Culbreath was a bronze medalist as a Convention. Their well being is and continues time while moving forward with their nuclear member of the United States’ 400 meter hur- to be the obligation of the Coalition troops in program. A willingness to negotiate with car- dling team in the 1956 Melbourne Olympics, Iraq, and the Iraqi government. rots doesn’t work unless one is willing to use part of an American clean sweep of the med- This raises another interesting point. Not a few sticks as well. als in that race. As a star track and field ath- only does the MEK not behave like a terrorist Today, there no longer remain any legal or lete, he was a state high school champion and group, in many respects the U.S. government political justifications for maintaining the MEK was a three time national 440 yard hurdles does not treat them like one. on the terror list. I therefore urge our govern- champion, setting a world record in that event.

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

VerDate Aug 31 2005 04:46 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A14JY8.000 E14JYPT1 smartinez on PROD1PC64 with REMARKS E1446 CONGRESSIONAL RECORD — Extensions of Remarks July 14, 2008 Dr. Culbreath recognized that ‘‘sport deter- for the Congress on Racial Equality, the Com- attention to detail, mechanical ability, and cre- mined his destiny.’’ A confident and self-moti- mittee for Sane Nuclear Policy, and was an ativity. vated individual, he set seemingly insurmount- activist against the Vietnam War and for wom- The four-day competition took place this able goals for himself. In addition to his bril- en’s reproductive rights. In 1974 when helped weekend. The students’ vehicle, named ‘‘Rac- liant racing career, Dr. Culbreath dedicated found the Cleveland chapter of Americans for ing for the Sun,’’ was successful in completing more than 60 years of his life as an educator Peace Now, a solidarity organization aligned eighteen laps. Now that the competition is and high school, college, and university track with the Shalom Achshav movement in Israel over, the students’ next step will be to travel and field coach, sharing his knowledge, exper- formed out of the conviction that Israel’s across the country to display their work. tise, and love for track and field with aspiring democratic character and future security were The six students from Liberty Christian have athletes. The athletic accomplishments of his intertwined with achieving a just and peaceful displayed team work, and they’ve shown how students are astonishing, as they won ten col- solution to the Palestinian-Israeli conflict. dedication and persistence can lead to suc- legiate national titles. As the Director of Ath- Al Stern advocated for mutual under- cess. I am proud to represent these students letics at Morehouse College, Dr. Culbreath de- standing and a two state solution long before in the 26th District of Texas, and I wish them veloped an athletic program that received na- it was widely accepted. For twenty years he all the best in their future endeavors. tional acclaim and Central State University engaged with and educated the Cleveland f named a new track, the Josh Culbreath Track, community about the costs of the current con- in his honor. Dr. Culbreath also took pride in flict and the opportunities for peaceful solu- ORGANIZATIONS THAT SUPPORT tutoring his athletes, with more than 90 per- tions. His work took him all over the world, H.R. 3195, THE ADA AMENDMENTS cent of them graduating from college. where he met with the people and leaders in ACT OF 2008 The Honorary Doctor of Humane Letters Israel, Syria, Egypt and Gaza. He led by ex- awarded to Dr. Culbreath by Edward Waters ample through his own commitment to edu- HON. GEORGE MILLER College is clearly deserved. On the inter- cating himself and reaching out to concerned OF CALIFORNIA national stage, he represented the United members of the community. IN THE HOUSE OF REPRESENTATIVES After stepping down from his position on the States as a lecturer, coach and sports ambas- Monday, July 14, 2008 sador in Iraq and India. In particular, he must board of Americans for Peace Now in 1993, be commended for his humanitarian work with he became a full time volunteer for the Amer- Mr. GEORGE MILLER of California. Madam the International Cultural Exchange Program, ican Civil Liberties Union. I have had the privi- Speaker, I respectfully submit the following for which resulted in a groundbreaking integrated lege of hearing Mr. Stern speak on free inclusion in the CONGRESSIONAL RECORD. The competition in Africa between Black and White speech and civil liberties issues. He and I first is a letter of support for H.R. 3195, the athletes, who raced in Northern and Southern have worked closely together in an effort to ADA Amendments Act of 2008, and the sec- Rhodesia and Nysaland. In the United States build bridges across the gaps that divide peo- ond is a list of organizations that support this he led integration efforts in Hollywood, Florida, ple in the Middle East and in Cleveland. important legislation. using his stature as a record-setting athlete Madam Speaker and colleagues, please join JUNE 17, 2008. and talent as a communicator to unite people me in remembrance of Al Stern, who has HELP SECURE THE PROMISE OF THE ADA: in that community. His work produced integra- served as an inspiration for engaged, global SUPPORT THE ADA AMENDMENTS ACT OF 2008 tion in housing complexes and at sporting citizenship. May his legacy of advocating for CHAIRMAN MILLER AND RANKING MEMBER events. civil liberties and cultivating Middle East Peace MCKEON. As you are aware, the Committee Dr. Culbreath also served as a community be an example for all of us to follow. today is poised to consider legislation to se- cure the promise of the original Americans leader by helping in the development and im- f with Disabilities Act of 1990 (ADA). The ADA plementation of Plans for Progress in Philadel- has as its fundamental goal the inclusion of phia, a forerunner of the national Affirmative CONGRATULATING THE STUDENTS OF LIBERTY CHRISTIAN SCHOOL people with disabilities in all aspects of soci- Action Program. He also assisted in the devel- ety, including employment for people who opment of an affirmative action and equal em- IN ARGYLE, TEXAS FOR THEIR are willing and able to work despite their ployment opportunity program for the Sperry/ PARTICIPATION IN THE DELL- disabilities. Unisys Corporation. Through his work as a WINSTON SCHOOL SOLAR CAR Unfortunately, court decisions over the motivational speaker and lecturer, Dr. CHALLENGE last decade have excluded individuals who should have been covered under the current Culbreath has touched the lives of a diverse ADA law. These narrow court interpreta- audience, appearing before corporate, govern- HON. MICHAEL C. BURGESS tions have restricted ADA coverage for peo- mental, and collegiate groups to discuss moti- OF TEXAS ple with diabetes, epilepsy, serious heart vation and education, Olympic sports, and IN THE HOUSE OF REPRESENTATIVES conditions, mental disabilities and even can- international athletics issues. Monday, July 14, 2008 cer. As representatives of a broad cross-sec- Madam Speaker, I ask that we pause and tion of both the employer and disability salute Dr. Culbreath, father of Sandra Allen Mr. BURGESS. Madam Speaker, I rise communities, we believe the proposal before Penn, Khaliq T. Culbreath (deceased), Maliq today to congratulate the students from Liberty the Committee strikes an appropriate bal- Christian School in Argyle, Texas for building ance between the needs of individuals with R. Culbreath, Jahan L. Culbreath, and Camille disabilities and those of employers. The pro- A.M. Culbreath, for his amazing athletics a one-of-a kind solar-powered vehicle to com- pete in the Dell-Winston School Solar Car posal includes the following key provisions: achievements, his extraordinary accomplish- Coverage under the ADA—The proposal ments as a community leader and his commit- Challenge. Their solar powered vehicle clarifies that Congress intended the ADA’s ment to improving the lives of others. passed inspection and was tested this week- coverage to be broad, to cover anyone who end at Texas Motor Speedway. f faces unfair discrimination because of a dis- The Dell-Winston School Solar Car Chal- ability. IN REMEMBRANCE OF AL STERN lenge began in 1993 in Dallas, Texas. The Definition of Disability—The proposal re- competition now attracts students from 19 high tains the requirement that an individual’s HON. DENNIS J. KUCINICH schools across Texas, in addition to teams impairment substantially limits a major life from other states. Each team must build its activity in order to be considered a disability OF OHIO and an individual must demonstrate that he IN THE HOUSE OF REPRESENTATIVES own solar-powered car, and the car that com- or she is qualified for the job. pletes the most laps at the Speedway during Monday, July 14, 2008 Protection for Mitigating Measures—The three-hour periods wins the competition. The proposal would overturn several court deci- Mr. KUCINICH. Madam Speaker, I rise Liberty Christian students used scrap parts, as sions to provide that people with disabilities today in remembrance of Al Stern, a man who well as some parts bought on the Internet, to not lose their coverage under the ADA sim- lived his life by the principal of Tikkun Olam, build their vehicle, at a total cost of only ply because their condition is treatable with the healing of the world. He dedicated himself $8000. medication or can be addressed with the help to the cause of free speech and to cultivating The team members have varying interests, of assistive technology. Regarded As—The proposal includes a ‘‘re- the seeds of Middle East peace and under- some planning on pursuing engineering or garded as’’ prong as part of the definition of standing in the Cleveland community. science in college, while others plan to study disability which covers situations where an The roots of his activism began during the non-scientific fields, such as dance. Nonethe- employee is discriminated against because of Civil Rights Era, when he marched along side less, each member is dedicated to completing his or her actual or perceived impairment. Dr. Martin Luther King Jr. He was an activist this very challenging project, which tests their Moreover, the proposal makes it clear that

VerDate Aug 31 2005 04:46 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K14JY8.003 E14JYPT1 smartinez on PROD1PC64 with REMARKS July 14, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1447 accommodations do not need to be made to tional Guard of the United States; Epilepsy Law Center; National Youth Leadership Net- someone who is disabled solely because he or Foundation; Evangelical Lutheran Church in work; Naval Reserve Association; NET- she is ‘‘regarded as’’ disabled. America; Federally Employed Women, FEW; WORK: A National Catholic Social Justice Chairman Miller and Ranking Member Friends Committee on National Legislation; Lobby; Non-Commissioned Officers Associa- McKeon, we firmly support this legislation Friends Committee on National Legislation; tion; Osteogenesis Imperfecta Foundation; and we stand ready to work with you to Friends of the National Institute of Dental Paralyzed Veterans of America; Parent enact this legislation this year. We thank and Craniofacial Research; Guide Dog Foun- Project Muscular Dystrophy; People For the you for addressing the important issue and dation for the Blind, Inc.; Hearing Loss Asso- American Way; Post-Polio Health Inter- look forward to working with the House of ciation of America; Hindu American Founda- national; Presbyterian Church, U.S.A., Representatives to secure its passage. tion; HR Policy Association; Human Rights Washington Office; Prevent Blindness Amer- Sincerely, Campaign; Huntington’s Disease Society of ica. America; Hydrocephalus Association; Inter- American Association of People with Dis- RESOLVE: The National Infertility Asso- national Franchise Association; Inter- abilities; American Diabetes Association; ciation; Self Advocates Becoming Empow- national Union, United Auto Workers; Inter- Bazelon Center for Mental Health Law; Epi- ered; Sikh American Legal Defense and Edu- national Ventilator Users Network; Iraq & lepsy Foundation; HR Policy Association; cation Fund, SALDEF; Sjogren’s Syndrome Afghanistan Veterans of America. International Franchise Association; Leader- Foundation; Society for Human Resource ship Conference on Civil Rights; National As- Islamic Society of North America; Jewish Management; Spina Bifida Association; sociation of Manufacturers; National Dis- Council for Public Affairs; Jewish Labor TASH: The Arc of the United States; The Au- ability Rights Network; National Council on Committee;p Jewish Reconstructionist Fed- tistic Self-Advocacy Network; The Council Independent Living; National Restaurant As- eration; Jewish War Veterans of the USA; of Parent Attorneys and Advocates, Inc.; The sociation; Society for Human Resource Man- Lambda Legal; Leadership Conference on Episcopal Church; The International Post agement; U.S Chamber of Commerce. Civil Rights, LCCR; Learning Disabilities Polio Support Organization; The Inter- Association of America, LDA; Learning Dis- national Post-Polio Task Force; The LAM SUPPORTERS OF H.R. 3195—ADA AMENDMENTS abilities of the Council for Exceptional Chil- Foundation; The Leukemia & Lymphoma So- ACT OF 2008 dren; Legal Momentum; Lupus Foundation ciety; The National Foundation for Ecto- 193 NATIONAL ORGANIZATIONS of America; March of Dimes; Mental Health dermal Dysplasias; The Paget Foundation; America; Military Officers Association of JUNE 25, 2008 The Salvation Army, United States; The America; Military Order of the Purple Heart; Workmen’s Circle/Arbeter Ring. AARP; AARP Foundation; ADA Watch/Na- Muslim Public Affairs Council; Myasthenia tional Coalition for Disability Rights; Air Gravis Foundation for the Blind, Inc. U.S. Chamber of Commerce; Union for Re- Force Association; Air Force Sergeants As- NAACP; NAACP Legal Defense & Edu- form Judaism; Unitarian Universalist Asso- sociation; Air Force Womens Officers Asso- cational Fund, Inc.; National Advocacy Cen- ciation of Congregations; United Cerebral ciation; Alexander Graham Bell Association ter of the Sisters of the Good Shepherd; Na- Palsy; United Church of Christ, Justice and for the Deaf; Alpha-1 Association; Alpha-1 tional Alliance on Mental Illness, NAMI; Na- Witness Ministries; United Jewish Commu- Foundation; ALS Association; Alzheimer’s tional Alopecia Areata Foundation; National nities; United Methodist Church, General Foundation; American Academy of Nursing; Association for Black Veterans; National As- Board of Church and Society; United Spinal American Association for Respiratory Care; sociation for Employment of People who are Association; United States Conference of American Association of Diabetes Educators; Blind, NAEPB; National Association for Uni- Catholic Bishops; United Synagogue of Con- American Association of People with Dis- formed Services; National Association of servative Judaism; US Psychiatric Rehabili- abilities, AAPD; American Autoimmune Re- Community Health Charities; National Asso- tation Association; Us TOO International; lated Diseases Association; American Cancer ciation of Councils on Developmental Dis- Veterans of Modern Warfare; Vietnam Vet- Society Network; American Civil Liberties abilities; National Association of Governors’ erans of America. Union, ACLU; American Council of the Committees on People with Disabilities, Blind; American Diabetes Association. NAGC; National Association of Law Stu- f American Federation of Government Em- dents with Disabilities; National Association ployees; American Foundation for the Blind; of Manufacturers; National Association of HONORING THE ESSEXVILLE- American GI Forum of the U.S.; American State Head Injury Administrators; National Islamic Congress; American Jewish Com- Association of the Deaf; National Center for HAMPTON BOARDS OF EDUCATION mittee; American Kidney Fund; American Environmental Health Strategies, Inc.; Na- Liver Foundation; American Lung Associa- tional Center for Learning Disabilities, tion; American Mental Health Counselors NCLD; National Coalition of Mental Health HON. DALE E. KILDEE Association; American Network of Commu- Consumer Survivor Organizations; National nity Options and Resources; American Psy- Congress of Black Women, Inc.; National OF MICHIGAN chological Association; Americans for Demo- Council for Community Behavioral IN THE HOUSE OF REPRESENTATIVES cratic Action; AMVETS; Anti-Defamation Healthcare; National Council for Support of League; APSE: The Network on Employ- Disability Issues; National Council of Monday, July 14, 2008 ment; Arthritis Foundation; Asian American Churches. Justice Center; Association of Assistive National Council of Jewish Women; Na- Mr. KILDEE. Madam Speaker, I rise today Technology Act Programs, ATAP; Associa- tional Council of Jewish Women; National to recognize the men and women of the tion of Jewish Family & Children’s Agencies; Council of La Raza, NCLR; National Council Association of Jewish Family & Children’s on Disability; National Council on Inde- Essexville-Hampton School District for their Agencies. pendent Living, NCIL; National Disability service on the district’s boards of education. Association of Programs for Rural Inde- Rights Network, NDRN; National Down Syn- For over 50 years these men and women pendent Living, APRIL; Association of Uni- drome Congress; National Down Syndrome have been instrumental in shaping the minds versity Centers on Disabilities, AUCD; Asth- Society; National Education Association; and lives of Essexville-Hampton students. A ma and Allergy Foundation of America; Au- National Employment Lawyers Association; reception will be held at Garber High School tism Society of America; Bazelon Center for National Fair Housing Alliance; National on July 14 to honor all the board of education Mental Health Law; Blind Veterans Associa- Family Caregivers Association; National members that served between 1957 and 2008. tion; Brain Injury Association of America; Federation of Filipino American Associa- Breast Cancer Network of Strength; tions, NaFFAA; National Health Council, Garber High School was named in honor of Care4Dystonia, Inc.; Catholic Charities Dis- National Industries for the Blind, NIB; Na- the Garber family. The family has a tradition of abilities Services; Central Conference of tional Kidney Foundation, National Legal promoting education in the Essexville area American Rabbis; Children and Adults with Aid and Defender Association; National and donated land to the school district. In Attention-Deficit/Hyperactivity Disorder; Marfan Foundation; National Multiple Scle- keeping with this tradition, Melissa Garber, a Common Cause; Community Action Partner- rosis; Society National Organization for ship; Community Health Charities of Amer- Women. family member, was the first female board of ica; Consortium for Citizens with Disabil- National Organization on Fetal Alcohol education member serving on the Essexville ities, CCD; COPD Foundation; Council for Syndrome, NOFAS; National Partnership for Board of Education in the 1890s. Learning Disabilities; Council of State Ad- Women and Families; National Psoriasis The board members, past and present, that ministrators of Vocational Rehabilitation, Foundation; National Rehabilitation Asso- CSAVR. ciation; National Respite Coalition; National will be honored on July 14 are: Marilyn S. Disabled American Veterans; Disciples Restaurant Association; National Spinal Abbs, Terrence R. Adcock, Bryan L. Augus- Justice Action Network, Disciples of Christ; Cord Injury Association; National Voca- tine, Wilford D. Barber, Gary O. Bartow, Har- Division on Developmental Disabilities; tional Evaluation and Career Assessment old I. Blumenstein, Michael J. Brancheau, Easter Seals; Enlisted Association of the Na- Professionals, VECAP; National Women’s Richard D. Colony, Lowell R. Cuthbert, Frank

VerDate Aug 31 2005 04:51 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K14JY8.007 E14JYPT1 smartinez on PROD1PC64 with REMARKS E1448 CONGRESSIONAL RECORD — Extensions of Remarks July 14, 2008 H. Davenport, John Debbink, Jennifer T. Dun- Council of Jewish Women in 1961. She re- he was assigned to the North Area Patrol Divi- can, John K. Duncan, Oscar Duyck, Reese ceived the Hannah G. Solomon Award in sion, and was promoted to his current rank of Evans, E. Heric Fehrenbach, Victor A. 1966, and the Woman of the Year Award from lieutenant, assigned to the Office of Operation Gansser, Lawrence R. Gordon, John W. the Seekers of Mercy. She was also the first in 2006 where he currently works as a watch Grigg, William F. Gross, Margaret A. Hanson, woman to run for the office of councilwoman commander for the south and east areas of Mark M. Jaffe, Eugene H. Kramer, Bradford T. in Kingston, in which she served a full term. Sacramento. Light, Vagn A. Littrup, David A. Lovely, Clifford Harold Rosenn has held the position of During his tenure with the Sacramento Po- F. Mader, Ronald P. Maes, William R. commander of the Kingston American Legion lice Department Lieutenant Brown has been Mahoney, John A. Martin, Donald J. Massnick, Post No. 395 where he started a blood donor honored for his hard work and dedication to Margaret F. Morand, Karl D. Newingham, Aus- program which would eventually be adopted Sacramento’s safety. In 1991 he was named tin P. Nickel, Frank C. Niemann, George L. as the American Legion Blood Donor Program Narcotic Officer of the Year by H.I.P., the Joint Oliver, Gerald W. Pergande, Joseph E. for Pennsylvania. He has chaired the United Narcotic Investigation Taskforce of the Sac- Pergande, Charles C. Rochow, Michael D. Way Campaign of the Wyoming Valley, twice ramento Police Department and the Sac- Rowley, Daniel L. Santistevan, Jack A. Shaw, chaired the United Jewish Campaign and ramento Sheriff’s Department. That same year Robert N. Shuster, Richard J. Somalski, Mel- served as chairman and president of Temple he was awarded a Certificate of Appreciation vin E. Steggall, Edward P. Trahan, Jill M. Israel. He also served on the boards of United in recognition for the narcotic investigation of Urban, Gregory S. Wagner, Louis W. Penn Bank, Franklin First Savings Bank, and Oscar Garcia Escobar, Cali Cartel cocaine Westover, Dena J. Wirt, Gary Young, Eric W. Governor George Leader’s nursing homes. trafficker. In 1994 Lieutenant Brown was hon- Zimostrad, Gary N. Zube. His community bonds extend to not only ored with a Special Award of Honor in rec- Madam Speaker, I ask the House of Rep- public service, but appreciation for the edu- ognition of his outstanding accomplishments in resentatives to rise with me and applaud the cation of the region’s youth. He has been ex- the field of Narcotic Law Enforcement by the wonderful service provided by these board tensively involved with his wife’s alma mater, International Narcotic Enforcement Officers members since 1957. As a former teacher, I Misericordia University. He served as a mem- Association in New York and was named the know first hand the impact boards of edu- ber of Misericordia’s board of trustees for al- Narcotics Officer of the Year by the California cation have on shaping the curriculum, culture, most 25 years and became a Director Emer- Narcotic Officers Association. and structure of our schools. I congratulate the itus in 1985. The plaza in the center of cam- Madam Speaker, I am honored to pay trib- Essexville-Hampton Board of Education for the pus has been named ‘‘Rosenn Plaza’’ in their ute to Lieutenant Virgil Brown’s distinguished work they have accomplished over the years. honor and they were the first recipients of the commitment to law enforcement and Sac- f Trustees Award for their dedication. Atty. ramento’s safety. Lieutenant Brown’s out- Rosenn was awarded an honorary doctorate standing leadership and dedication to the Sac- CONGRATULATING SALLYANNE of law degree and the McAuley Medal in 1991. ramento Police Department, has reduced AND HAROLD ROSENN, 2008 RE- Madam Speaker, please join me in con- crime and made Sacramento a better and CIPIENTS OF THE MONSIGNOR gratulating Sallyanne and Harold Rosenn on safer place for us to live and work. We all are MCGOWAN CORNERSTONE AWARD this auspicious occasion. Their inexhaustible thankful for his efforts. As Lieutenant Brown’s efforts and dedication to community service is colleagues, family and friends gather to honor HON. PAUL E. KANJORSKI an inspiration to all. his service, I ask all my colleagues to join me OF PENNSYLVANIA f in wishing him continued good fortune in his IN THE HOUSE OF REPRESENTATIVES future endeavors. A TRIBUTE TO LIEUTENANT f Monday, July 14, 2008 VIRGIL BROWN Mr. KANJORSKI. Madam Speaker, I rise H.R. 6304, FOREIGN INTELLIGENCE today to ask you and my esteemed colleagues HON. DORIS O. MATSUI SURVEILLANCE AMENDMENTS ACT in the House of Representatives to pay tribute OF CALIFORNIA to Sallyanne and Harold Rosenn, the recipi- IN THE HOUSE OF REPRESENTATIVES HON. BETTY McCOLLUM ents of the Monsignor McGowan Cornerstone OF MINNESOTA Award for their years of service to North- Monday, July 14, 2008 IN THE HOUSE OF REPRESENTATIVES eastern Pennsylvania. Ms. MATSUI. Madam Speaker, I rise today Monday, July 14, 2008 in recognition of Virgil Brown’s 30 years of This prestigious award was created by the Ms. MCCOLLUM of Minnesota. Madam collaborative efforts of various nonprofit orga- service to the Sacramento Police Department. Speaker I rise in opposition to H.R. 6304, the nizations in northeast Pennsylvania as well as Lieutenant Brown leaves a lasting legacy in Foreign Intelligence Surveillance Amendments the mid-Atlantic region that prospered from Sacramento and his leadership and expertise Act (FISA). Monsignor McGowan’s aid. will be deeply missed. I ask all my colleagues There is no question that we need to mod- The Monsignor McGowan Cornerstone to join me in honoring one of Sacramento’s ernize the laws that govern U.S. intelligence to Award is presented annually to an individual finest public servants. protect our national security, but we must also whose tireless efforts in the areas of service, Lieutenant Brown began his career with the rigorously defend civil liberties and ensure ac- leadership, humanitarianism, and philanthropy Sacramento Police Department as a commu- countability. make them an invaluable resource to their nity service officer in June 1978. By December That is why I am strongly opposed to any community. of that year Lieutenant Brown was promoted retroactive immunity for those telecommuni- Sallyanne and Harold Rosenn are textbook to the rank of police officer in the Patrol Divi- cations companies that are charged with vio- examples of kindness and dedication. Harold sion. During his time on patrol his work ethic lating those fundamental rights. Rosenn received his law degree from the Uni- distinguished himself from others and in 1983 Legal experts concur that President Bush’s versity of Michigan in 1941 and enlisted in the he tested for and was assigned to the Crime wiretapping program was, and is, in violation United States Air Force shortly after, earning Suppression Unit where he had a 92 percent of the Constitution and applicable federal law. three medals for his service. conviction rate. In 1989 he was promoted to Congress as a whole was kept in the dark for Mrs. Sallyanne Rosenn met her husband detective in the Special Investigation Division years about these activities. when she was the executive director of the During his time as detective he conducted It is our responsibility to protect innocent Girl Scouts while he was chairman to the major multi-jurisdictional narcotic investiga- Americans who expect that their communica- Community Chest, predecessor of the United tions, resulting in the arrest of many suspects tions will remain private, except in cir- Way. This is the first of many positions she and the recovery of thousands of pounds of cumstances provided under the law. Corpora- held that were dedicated to helping the area’s cocaine and hundreds of thousands of dollars. tions that handed over their customers’ youth. She was employed as field and camp In 1995 Lieutenant Brown was assigned to records, without a valid court order or other director of the Wyoming Valley Council of Girl the Office of the Chief Criminal Intelligence legal instrument authorized by statute, under- Scouts and served as president of the Penn’s Unit where he worked with the Secret Service mined fundamental civil protections and pri- Woods Girl Scout Council; the Council on Ju- and sat on the Greater Sacramento Area vacy rights of Americans. venile Justice and Youth Service Commission Taskforce on Hate Crimes. Over the next few The courts should not be prevented from of Luzerne County. years Lieutenant Brown continued to distin- ruling on the legality of the actions taken by Mrs. Rosenn was the recipient of the guish himself on all of his assignments and these corporations. And Congress should not Woman of the Year Award from the National was promoted to the rank of sergeant. In 1999 meddle in the pending lawsuits.

VerDate Aug 31 2005 04:46 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A14JY8.001 E14JYPT1 smartinez on PROD1PC64 with REMARKS July 14, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1449 Yes, we need to replace the outdated and cally for the integration of the Houston Inde- lies, and done little to help bring to justice controversial Protect America Act (S. 1927) pendent School District. In 1966, Mr. those responsible for acts of terrorism against and enable timely intelligence gathering Broussard and his wife filed a lawsuit against our country. against terrorists. But we must also ensure HISD to stop a project that would encourage Prolonged indefinite imprisonment without that power cannot be abused to violate our de facto segregation. The suit eventually went charges and torture are out of line with the tra- most precious freedoms. to the U.S. 5th Circuit Court of Appeals, where ditions and values of the U.S. While the Su- Since the tragedy of September 11, the the judges unfortunately refused to halt the preme Court decision will now ensure that Ha- Bush administration has abused its intel- program. Despite this, Mr. Broussard’s eldest beas Corpus will be available so that an inde- ligence gathering powers. In 2005, we learned son, Richard Broussard, became the first Afri- pendent court can review the facts and make that the government had circumvented intel- can-American freshman at McReynolds High a determination of whether individuals should ligence laws to spy on Americans’ phone con- School in the Fifth Ward of Houston, TX. It be detained, the administration’s other policies versations. Last year, an investigation found was only thanks to his father’s tireless struggle also need to be reformed. that the FBI had misused tools intended to that Richard, and his siblings, were able to Last year, in the FY 2008 Defense Author- fight terrorism to conduct unrelated domestic gain the good education that their father had ization bill, Congress urged the administration surveillance. And earlier this year, reports never had. to ensure that detainees at Guantanamo Bay, have surfaced that the FBI requested thou- In addition to this civil rights work, Mr. to the maximum extent possible, are charged and expeditiously prosecuted for crimes com- sands of phone records to cover up its pre- Broussard served as an officer in the Pleas- mitted against the U.S. The bill also urged the vious abuses, and that this and other ques- antville Civic League, and as director of the administration to carry out operations at Guan- tionably obtained data is being compiled by Gulf Coast Community Action Board and the tanamo Bay ‘‘in a way that upholds the na- the National Security Agency in a massive Community Development Commission. He tional interest and core values of the American data-mining operation about which we know dedicated his life to helping others, and this people’’ and called for the Defense Depart- almost nothing. made him a true leader in every way. O.P. I cannot in good conscience vote for this ment to provide Congress with its plan for was a civil rights pioneer and a good friend. each detainee—whether they have or will be bill, which gives the Bush administration even He will be greatly missed by the Pleasant- charged, whether they will be released or broader spying powers. ville community and by all those who knew The Foreign Intelligence Surveillance transferred, or whether they will be detained. him, and I ask that you remember the In light of the recent ruling and continuing Amendments Act implicitly gives retroactive Broussard family in your thoughts and prayers. controversy regarding this facility, Congress immunity to telecommunication companies that f can and must go further to ensure that this fa- facilitated warrantless wiretapping over the last SUPREME COURT’S DECISION IN cility is closed. 7 years and ensures the dismissal of all cases Closing Guantanamo won’t immediately re- BOUMEDIENE ET AL. V. BUSH pending against telecommunication compa- pair the damage done by the detention and nies. other policies that have undermined America’s Furthermore, H.R. 6304 permits the govern- HON. GWEN MOORE image even among some of our allies. Such a ment to conduct mass, untargeted surveillance OF WISCONSIN move may open up a host of new questions of all communication coming into and out of IN THE HOUSE OF REPRESENTATIVES of what to do about those detained there. the United States, without any individualized Monday, July 14, 2008 However, rather than putting that important review, and without any finding of wronging question to an administration which our courts doing. Ms. MOORE of Wisconsin. Madam Speak- have repeatedly had to check, the Court’s rul- This act permits only minimal court over- er, the Supreme Court’s recent decision in ing creates another opportunity for Congress sight and court review is further trivialized by Boumediene et al. v. Bush has again shown a to Act. authorizing the Government to continue a sur- spotlight on this administration’s misguided at- And one of its first steps should be putting veillance program even after an application is tempts to rewrite the Constitution to suit its Guantanamo out of business while holding ac- denied by the court. own ends. Once again, the Court has spoken countable those prisoners at Guantanamo who The legislation also contains a loophole that up for the Constitution and against attempts to represent real danger to the U.S. We can and permits the Government to start spying and do an end run around the venerable docu- should do so in a way that does not require wait for up to 7 days to go to court and obtain ment. us to switch off the Constitution, our values, or a warrant. In this important decision, the Court found our Nation’s strong tradition of ensuring ac- Congress should not allow for the that those at Guantanamo Bay ‘‘have the con- cess to the courts and justice. warrantless wiretapping of American citizens. stitutional privilege of habeas corpus’’ and are In the decision, Justice Kennedy, writing for Ensuring our national security must not come ‘‘not barred from seeking the writ . . . be- the majority, warned of the dangers of allow- at the expense of our basic civil liberties. We cause they have been designated as enemy ing either the legislative or executive branch to can protect our Nation and our rights. combatants or because of their presence at ‘‘switch the Constitution on or off at will.’’ f Guantanamo’’ and struck down attempts by In pursuing terrorists, we cannot undermine the very freedoms and rights that are the EXPRESSING CONDOLENCES ON the 109th Congress and the President to pre- basis for our democracy. Our national security THE PASSING OF ONESEPHOR vent detainees from using this historic writ to interests are best served when we interrogate PETER (O.P.) BROUSSARD challenge their detention in court. In its ruling, the Court again reminds us and try terrorist suspects in a manner that ‘‘that the Framers considered the writ a vital comports with our values, produces convic- HON. GENE GREEN instrument for the protection of individual lib- tions that will withstand appeals, and honors OF TEXAS erty’’ as well as a safeguard of the separation longstanding international commitments. IN THE HOUSE OF REPRESENTATIVES of powers provided in the Constitution. f Monday, July 14, 2008 This decision marks at least the third time in THE ‘‘MICHAEL BILIRAKIS DE- Mr. GENE GREEN of Texas. Madam which the Supreme Court has acted to over- PARTMENT OF VETERANS AF- Speaker, I rise today to extend my deepest turn disastrous and controversial Bush Admin- FAIRS SPINAL CORD INJURY sympathies to the family of Onesephor Peter istration policies regarding the treatment of CENTER’’ Broussard, a constituent and citizen of Pleas- enemy combatants. These policies have antville, Texas, and a tireless civil rights advo- helped to make Guantanamo a negative sym- HON. CLIFF STEARNS cate, who passed away June 25, 2008, at the bol of America around the world. OF FLORIDA While I strongly believe that dangerous ter- age of 81. IN THE HOUSE OF REPRESENTATIVES Born in Louisiana to sharecropper parents, rorists should and must be detained, the con- Mr. Broussard served in a segregated Army fusing, conflicting, and sometimes illegal poli- Monday, July 14, 2008 unit during World War II, in the battalion cies at Guantanamo and the actions of the Mr. STEARNS. Madam Speaker, I am proud known as the Black Panthers. After returning Supreme Court time and again clearly indicate to stand before my colleagues today as we to the States, Mr. Broussard served as a a need for change. These changes must in- pass legislation that will designate the Depart- union organizer at Armco Steel, where he clude the closing of the detention facilities at ment of Veterans Affairs spinal cord injury worked for 35 years. Guantanamo and an end to the torture and center in Tampa, Florida, as the ‘‘Michael Bili- But what truly distinguished Mr. Broussard, detention policies that have tarnished Amer- rakis Department of Veterans Affairs Spinal was his endless fight for civil rights, specifi- ica’s image, drawn condemnation from our al- Cord Injury Center.’’

VerDate Aug 31 2005 04:46 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A14JY8.004 E14JYPT1 smartinez on PROD1PC64 with REMARKS E1450 CONGRESSIONAL RECORD — Extensions of Remarks July 14, 2008 Michael Bilirakis served the Ninth Congres- IN RECOGNITION OF JOHN M. James Robert ‘‘Bob’’ Woolsey, Jr., 72, was a sional District of Florida from 1983–2006. Mi- HAIRSTON man of great accomplishment. He is survived chael was a standout member of the United by his wife, five sons, two daughters, and his States House of Representatives, and his HON. DENNIS J. KUCINICH four grandchildren. Dr. Woolsey was involved presence is surely missed on Capitol Hill. A in community and civic activity throughout his OF OHIO native of my home State of Florida, Michael life. He was a member of the United States worked steadfastly for his constituents for 23 IN THE HOUSE OF REPRESENTATIVES Navy as well as an Eagle Scout, a Mason, years, and his lifetime of civic-minded public Monday, July 14, 2008 and a member Oxford University United Meth- service has not gone unnoticed. Mr. KUCINICH. Madam Speaker, I rise odist Church. He was dedicated to his chosen I had the pleasure of serving on the House today in honor of John M. Hairston and in rec- field and went on to become the Director of Veterans’ Affairs Committee with Michael, and ognition of his outstanding leadership, vision the Center for Marine Resources and Environ- his leadership as chairman of the VA Sub- and dedication to empowering those around mental Technology and the Seabed Tech- committee on Oversight and Investigations him at the NASA Glenn Research Center in nology Research Center at The University of was unparalleled. A veteran of the United Cleveland, Ohio. Mississippi. Throughout his life, Dr. Woolsey States Air Force, Michael spent his career Mr. Hairston earned his first degree in served his country, his state, and even the working hard to serve the best interests of our English from Bluefield State College and later international community during his tenure with Nation’s veterans. Michael’s strong traditional went on to earn his master’s degree in Edu- the United Nations as a consulting geologist. values and service-oriented spirit were always cation Administration from Cleveland State I thank my colleagues for remembering Dr. visible in his everyday work on Capitol Hill. University. He also attended the John F. Ken- Woolsey and his family at this time. It is truly appropriate and deserving then, for nedy School of Public Policy at Harvard Uni- Congress to name the VA spinal cord injury versity. Prior to working at NASA, Mr. Hairston f center in Tampa, Florida after Michael Bili- worked in the Cleveland Metropolitan School rakis, and I thank my colleague and fellow District for almost thirty years, where he TRIBUTE TO AMBASSADOR ROY Florida delegation member JEFF MILLER for served as an English teacher, Staff Develop- HUFFINGTON sponsoring this legislation. ment Director and Chief of the Community Re- f lations Department. Mr. Hairston’s leadership has been vital in HON. DAVID DREIER RECOGNIZING THE LAND OF the success of the NASA Glenn Research OF CALIFORNIA LAKES BOYS CHOIR FOR A SIL- Center. He worked tirelessly to promote sci- VER AT THE WORLD CHOIR entific literacy and to develop outreach pro- IN THE HOUSE OF REPRESENTATIVES GAMES grams that help economically disadvantaged Monday, July 14, 2008 communities and businesses. Mr. Hairston HON. MICHELE BACHMANN worked within NASA as the Acting Assistant Mr. DREIER. Madam Speaker, last Friday OF MINNESOTA Administrator for the Office of Education. His marked the passing of a tremendous life. Am- IN THE HOUSE OF REPRESENTATIVES guidance helped to ensure that NASA’s edu- bassador Roy Huffington lived 90 very full cational programs were effective. Mr. Hairston years. He was larger than life. Roy was an en- Monday, July 14, 2008 has worked to make manifest NASA’s vision trepreneur, a veteran, a philanthropist, a hus- Mrs. BACHMANN. Madam Speaker, I rise to of educating the next generation of explorers band and father, and a patriot. To me, he was honor the Land of Lakes Boys Choir, by developing criteria to ensure that their pro- a dear friend. headquartered in Elk River, Minnesota, for grams are effective and that they attract stu- He first served his country in the Navy in their exemplary musical achievements and the dents from all of Cleveland’s diverse commu- World War II. When he returned, he struck out pride and inspiration they instill in our commu- nities. He succeeded in developing strong on his own in the energy business and pio- nity. partnerships between the NASA Glenn Re- neered the development of the industry in In- The Land of Lakes Boys Choir is an ex- search Center and Greater Cleveland Commu- nity. donesia. He was enormously successful in ev- tremely talented group of boys who have erything he did, and he used his success to brought global recognition to the great State of Mr. Hairston has been the recipient of nu- merous awards for his outstanding work at the give back to society. The charities he founded Minnesota. These children have worked tire- and supported raised millions for good causes. lessly to perfect their skills and talents, partici- NASA Glenn Research Center. NASA honored pating in many prestigious competitions. They him several times by awarding him with the President George H.W. Bush appointed Roy attended the World Choir Games in Germany, Exceptional Achievement Medal, the Medal for as Ambassador to Austria in the early 1990s, France, and Austria and recently received a Outstanding Leadership, and their Education a critical time for the region. His tenure saw silver medal there. And they will also be going Distinguished Service Award. He has also the fall of the Berlin Wall and the beginnings to the 2008 Olympics in Beijing, China. been the recipient of the Presidential Rank of real democracy in Eastern and Central Eu- Since 1976, this choir program has helped Award and the Leadership Cleveland Civic rope. Roy used his position to forge relation- many boys pursue their passion for music. In Volunteer of the Year award. ships between Eastern and Western Europe 2004, the Land of Lakes Boys Choir received Madam Speaker and colleagues, please join and to encourage the investment that was the International Trebby Award for ‘‘Best Boys’ me in honor of John M. Hairston and in rec- necessary to build up former Soviet states and Choir Album’’ with its CD ‘‘Steal Away.’’ And ognition of his outstanding leadership and vi- create new opportunities for the people who most recently, in 2006, it was awarded the sion. May his dedication to his work and to the had lived so long under tyranny. He continued Grand Champion of Cruise Festivals Music community serve as an example for us all. this work until his passing. I have fond memo- Festivals, for their outstanding performance. f ries of times we spent together in Davos at This organization has been a helpful extra- the World Economic Forum. He never missed curricular program for many young boys, HONORING THE LIFE OF DR. one of those annual meetings. JAMES ROBERT ‘‘BOB’’ WOOLSEY, teaching them self-discipline, character and I had the privilege of getting to know Roy JR. leadership. The individuals who have sac- and his wonderful wife Phyllis as we cam- rificed their time to train and work with these paigned for their son, our former colleague Mi- boys should also be recognized for their con- HON. TRAVIS W. CHILDERS chael, as he was running for the United States tinued efforts to mentor these children. OF MISSISSIPPI Senate. Roy and Phyllis were incredibly warm, Madam Speaker, it is my honor to recognize IN THE HOUSE OF REPRESENTATIVES boisterous, funny and down-to-earth. When and congratulate the Land of Lakes Boys Phyllis passed away 5 years ago, everyone Choir for its tremendous achievements in Monday, July 14, 2008 who knew her felt the terrible loss. Roy’s un- music and community service. I know that I Mr. CHILDERS. Madam Speaker, I rise to expected passing on Friday was a tragic loss join so many in Minnesota when I say that I pay respect to the life and accomplishments of for the family and friends who loved him. We am proud to have these boys as American a fellow Mississippian who was tragically take comfort in the fact that he lived every day ambassadors at this year’s Olympic Games. taken from us Wednesday, July 9th, 2008. Dr. with a tremendous zeal for life.

VerDate Aug 31 2005 04:46 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A14JY8.007 E14JYPT1 smartinez on PROD1PC64 with REMARKS July 14, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1451 THE INTRODUCTION OF THE TIME- another 15 days. These benchmarks are am- textile manufacture and supply, my legislation LY DUE PROCESS FOR THE DIS- bitious, but they are not out of line with timeli- improves environmental outcomes. ABLED ACT ness requirements in other agencies. f The Timely Due Process for the Disabled Act will also allow a more complete picture of UPHOLDING THE KEMP-KASTEN HON. KATHY CASTOR AMENDMENT OF FLORIDA the magnitude of the problems inherent in the IN THE HOUSE OF REPRESENTATIVES system. It requires local offices to share more data about the first phase of the appeals proc- HON. ROBERT B. ADERHOLT Monday, July 14, 2008 ess, the reconsideration phase. While SSA al- OF ALABAMA Ms. CASTOR. Madam Speaker, today I rise ready reports data about the initial claims IN THE HOUSE OF REPRESENTATIVES to begin to address an overwhelming problem phase, the Administrative Law Judge hearing Monday, July 14, 2008 currently faced by far too many of our most phase, and the appeals council, which is the vulnerable neighbors by introducing the Timely last level of appeals, there is far less data Mr. ADERHOLT. Madam Speaker, I want to Due Process for the Disabled Act. available about the reconsideration phase that thank my colleague from New Jersey, the Every year, thousands of Americans lose takes place at the State disability offices. This Honorable CHRIS SMITH for his work on this the ability to work due to illness or injury. But is the first level of appeal, and in many cases, important issue. It is a privilege to work along- as paychecks stop coming in, bills do not. For is a formality where the same office that de- side him in the fight for the lives of the unborn many of these people, the only thing that can nied the claim looks at the same material children in our country and around the world. prevent them from having to share their time again, eating up an additional average of I want to remind this body and the American between medical treatment and phone calls about 2 months time. This bill will give a clear- public about the need to spend taxpayer funds from collection agencies and attempts to avoid er idea of how long these reconsiderations are in a responsible manner by upholding the pro- foreclosure is Social Security Disability Insur- taking, and how we can speed them up. visions of the Kemp-Kasten Amendment. ance (SSDI). Ultimately, the way we treat people with dis- According to the Congressional Research But, today, the system of enrolling in SSDI abilities reflects the values we have as a na- Service, ‘‘In 13 of the past 22 years the United is broken. The average wait for an Administra- tion. Over the past 8 years, that treatment has States has not contributed to the [United Na- tive Law Judge hearing to contest a faulty dis- gone from bad to worse, leaving thousands of tions Population Fund] as a result of executive ability determination has climbed in the past 8 Americans who need help to struggle on with- branch determinations that UNFPA’s program years from an already outrageous 275 days to out it. I urge my colleagues to support the in China was in violation of the Kemp-Kasten 481 days, with 28% of claims taking over 600 Timely Due Process for the Disabled Act and amendment banning U.S. aid to organizations days to receive a hearing. This figure does not begin to place a priority on doing right by our involved in the management of coercive family even include the initial determination, and re- neighbors who need us the most. planning programs.’’ On June 26, 2008, President Bush issued a consideration phases, which together push the f average wait time for an Appeals Hearing determination that because China continues case to well over 2 years. INTRODUCTION OF THE REC- its policy of coercive abortions and forced One of my constituents called my office in REATIONAL PERFORMANCE OUT- sterilizations, the provisions of the Kemp-Kas- Tampa, frantic that his home was in fore- ERWEAR APPAREL ACT OF 2008 ten Amendment continue to prohibit the fund- closure proceedings, and though he knew he ing of UNFPA. Nearly $7 million of the $39.6 was eligible for Disability, he simply had not HON. EARL BLUMENAUER million appropriated for this organization in the been given a hearing. Facing the prospect of OF OREGON Fiscal Year 2008 State and Foreign Oper- homelessness with a young daughter, he still IN THE HOUSE OF REPRESENTATIVES ations Appropriations Act will now be trans- was not able to break through the crushing ferred to the Global Health and Child Survival bureaucracy that has taken over the Disability Monday, July 14, 2008 account. appeals process. Mr. BLUMENAUER. Madam Speaker, today U.S. foreign aid is meant to help those in One woman I worked with had had multiple I am introducing the Recreational Performance less fortunate circumstances with the gen- surgeries due to debilitating problems with her Outerwear Apparel Act of 2008. This bill elimi- erosity and goodwill of America; it must not be spine. She was in excruciating pain, and was nates import duties on recreational-use per- tainted with coerced abortion, forced steriliza- completely unable to work, but was denied formance outerwear apparel while simulta- tions, and draconian family-limiting policies. disability payments. The Social Security Ad- neously enhancing an established, U.S.-based We seek to eliminate human rights abuses, ministration eventually conceded that she was, training and education program for American not promote them under the guise of our aid. in fact, eligible for disability payments. But be- textile and apparel workers. The legislation is Since China initiated its one-child policy in fore that happened, she had to endure three the result of a successful partnership between 1980, countless women have been trauma- long years of financial uncertainty, near bank- importers of performance outerwear and the tized and terrorized by their government. A ruptcy, and the near repossession of her U.S. domestic textile and apparel industry. 2005 article in Time magazine by Hannah home. In a recent report, the U.S. International Beech, detailed one family’s situation: ‘‘When Another constituent of mine was diagnosed Trade Commission recently found that there family-planning officials came to fetch [Hu] in with Parkinson’s disease. She started to have was no commercially viable U.S. production of May for a forced sterilization, [she] escaped balance problems. At one point she lost her performance outerwear used for skiing and with her two daughters to her parents’ home balance and was injured in a bad fall. Still, she snowboarding, hunting and other outdoor ac- in another village. Several days later, seven was denied disability. Her husband had to tivities. This legislation reflects the findings of officials showed up, she says, grabbed her come out of retirement to take a part-time job that report, while also investing in U.S. jobs. It younger child and shoved the girl into a car. in order to avoid financial ruin while they wait- provides duty free treatment for qualifying rec- Afraid that her daughter would be abducted, ed, and waited, and waited for their appeals reational-use performance outerwear and it Hu jumped into the vehicle with them. The car hearing. Finally, the Social Security Adminis- establishes the Sustainable Textile and Ap- drove to the local family-planning clinic, where, tration came back and said that yes, she parel Research, STAR, fund. Hu says, nurses threw her onto an operating should have been receiving payments for The STAR fund invests in a training pro- table. ‘Other people were fine after their oper- years. gram that specializes in lean manufacturing ations, but it hurt me so much, I could barely A system that leaves our neighbors in limbo technologies and supply chain analysis, in- stand up,’ says Hu, 33. Two weeks later, doc- while their financial problems continue to cluding helping companies work towards mini- tors operated again and promised things mount is not a system that is working. The mizing energy and water use, reducing waste would heal better. But even today, Hu doubles Timely Due Process for the Disabled Act will and carbon emissions and incorporating sus- over in pain after just a few steps. ‘They told begin to move us in the right direction by set- tainable practices into a product’s entire life me they were doing this for my own good,’ ting a standard of treatment for disability pa- cycle. says Hu. ‘But they have ruined my life.’’’ tients. It instructs the Social Security Adminis- By reducing tariffs, my legislation reduces In April 2007, National Public Radio (NPR) tration to, within 5 days of receiving an appeal, costs for American consumers and for Amer- uncovered evidence of dozens of forced abor- set a date for a hearing. After a 60-day time ican companies importing these goods; by in- tions in southwest China, even as late as 9 period for claimants to prepare and gather evi- vesting in the textile industry, my legislation months into the pregnancy. According to the dence, the hearing must be held within 15 supports American jobs and competitiveness; NPR report, one family had one child and be- days. A final determination will be required in and by researching environmental aspects of lieved that—like many other couples—they

VerDate Aug 31 2005 04:46 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A14JY8.010 E14JYPT1 smartinez on PROD1PC64 with REMARKS E1452 CONGRESSIONAL RECORD — Extensions of Remarks July 14, 2008 could pay a fine and keep their second baby. The most notable remnant of the West’s un- why we are really all here. Thomas Jefferson The wife was 7 months pregnant when 10 successful attempt at ‘‘engagement’’ with Iran said, ‘‘The care of human life and its happi- family planning officials visited her at home. is the designation of the People’s Mujahedeen ness and not its destruction is the chief and The husband says they were threatened and Organization of Iran, also known as the MEK, only object of good government.’’ The phrase told that if the wife did not go to the hospital as a foreign terrorist organization. The MEK in the 14th Amendment capsulizes our entire for an abortion that the officials would take her provided significant intelligence that helped Constitution. It says, ‘‘No State shall deprive themselves. ‘‘I was scared,’’ the wife told blow the whistle on Iran’s clandestine nuclear any person of life, liberty or property without NPR. ‘‘The hospital was full of women who’d weapon and missile development programs. due process of law.’’ Madam Speaker, pro- been brought in forcibly. There wasn’t a single The MEK has already been removed from tecting the lives of our innocent citizens and spare bed. The family planning people said the United Kingdom list of terrorist organiza- their constitutional rights is why we are all forced abortions and forced sterilizations were tions. Late last month, the British parliament here. approved the order put before it by that coun- both being carried out. We saw women being The bedrock foundation of this Republic is try’s home secretary and removed the MEK pulled in one by one.’’ the clarion declaration of the self-evident truth from the UK blacklist. In light of the recent de- Madam Speaker, U.S. policy must remain in that all human beings are created equal and velopments, the United States must seriously place that protects women and their children. endowed by their Creator with the unalienable consider the court’s findings as well as the We cannot morally participate in and fund pro- rights of life, liberty and the pursuit of happi- present political environment and also remove grams that ruin the lives of these women and ness. Every conflict and battle our Nation has the limitations it has placed on the MEK. unborn children. As a member of the House ever faced can be traced to our commitment We must stop appeasing Iran and shift our Committee on Appropriations, I will continue to to this core, self-evident truth. fight to maintain the protections offered by the support to the Iranian people. They are our It has made us the beacon of hope for the Kemp-Kasten Amendment, and I look forward best allies against Iran’s aggression. Iranian entire world. Madam Speaker, it is who we to working with my colleagues such as Rep- people have an unwavering longing for free- are. resentative SMITH on these issues. dom and democracy. We must work together to acknowledge their resounding rejection of And yet today another day has passed, and f extremism and move to support their efforts we in this body have failed again to honor that DEMOCRACY IN IRAN for democracy in Iran. foundational commitment. We have failed our f sworn oath and our God-given responsibility HON. BOB FILNER as we broke faith with nearly 4,000 more inno- SUNSET MEMORIAL cent American babies who died today without OF CALIFORNIA the protection we should have given them. IN THE HOUSE OF REPRESENTATIVES HON. TRENT FRANKS So Madam Speaker, let me conclude this Monday, July 14, 2008 OF ARIZONA Sunset Memorial in the hope that perhaps Mr. FILNER. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES someone new who heard it tonight will finally in support of democracy in Iran and stability in Monday, July 14, 2008 embrace the truth that abortion really does kill Iraq. We in the United States Congress must Mr. FRANKS of Arizona. Madam Speaker, I little babies; that it hurts mothers in ways that work together for a stable and democratic stand once again before this House with yet we can never express; and that 12,957 days Iraq. Today, there is undisputable evidence other Sunset Memorial. spent killing nearly 50 million unborn children that Iran is the main contributor to the violence It is July 14, 2008, in the land of the free in America is enough; and that it is time that in Iraq which causes American and Iraqi cas- and the home of the brave, and before the we stood up together again, and remembered ualties. sun set today in America, almost 4,000 more that we are the same America that rejected On July 4, Iran fired yet another GRAD mis- defenseless unborn children were killed by human slavery and marched into Europe to ar- sile at Ashraf City, the residence compound of abortion on demand. That’s just today, Madam rest the Nazi Holocaust; and we are still cou- the Iranian resistance—the People’s Speaker. That’s more than the number of in- rageous and compassionate enough to find a Mujahadeen Organization of Iran. Iran’s mer- nocent lives lost on September 11 in this better way for mothers and their unborn ba- cenaries in Iraq have also been busy calling country, only it happens every day. bies than abortion on demand. for arrest, trial, and expulsion of these ‘‘pro- It has now been exactly 12,957 days since Madam Speaker, as we consider the plight tected persons’’ living in Ashraf. Our soldiers the tragedy called Roe v. Wade was first of unborn America tonight, may we each re- are protecting Ashraf in accordance with the handed down. Since then, the very foundation mind ourselves that our own days in this sun- Fourth Geneva Convention. Iranian action has of this Nation has been stained by the blood shine of life are also numbered and that all too therefore endangered them as well. of almost 50 million of its own children. Some soon each one of us will walk from these I have said many times that the mullahs in of them, Madam Speaker, cried and screamed Chambers for the very last time. Tehran do not hold all the cards. The Iranian as they died, but because it was amniotic fluid And if it should be that this Congress is al- regime’s aggressive policies are rooted in the passing over the vocal cords instead of air, we lowed to convene on yet another day to come, weakness of their regime. The unrelenting as- couldn’t hear them. may that be the day when we finally hear the sault on the civil and human rights of the Ira- All of them had at least four things in com- cries of innocent unborn children. May that be nian people is a direct response to the illegit- mon. First, they were each just little babies the day when we find the humanity, the cour- imacy of the extremist theocratic government. who had done nothing wrong to anyone, and age, and the will to embrace together our A military attack on Iran would be a tragic mis- each one of them died a nameless and lonely human and our constitutional duty to protect take. Yet, it is an error almost as grave to death. And each one of their mothers, whether these, the least of our tiny, little American think that continued appeasement of the Ira- she realizes it or not, will never be quite the brothers and sisters from this murderous nian regime is the only alternative to war. same. And all the gifts that these children scourge upon our Nation called ‘‘abortion on Reasonably, Western democracies, with the might have brought to humanity are now lost demand.’’ support of the peace activist community, forever. Yet even in the glare of such tragedy, should use all peaceful means possible to iso- this generation still clings to a blind, invincible It is July 14, 2008, 12,957 days since Roe late the Iranian regime and to avoid war. How- ignorance while history repeats itself and our versus Wade first stained the foundation of ever, the desire for a peaceful resolution of own silent genocide mercilessly annihilates the this Nation with the blood of its own children; this crisis has led into policy choices which most helpless of all victims, those yet unborn. this in the land of the free and the home of the provide Iran with the legitimacy it craves and Madam Speaker, perhaps it’s time for those brave. a strengthened diplomatic hand. of us in this Chamber to remind ourselves of

VerDate Aug 31 2005 04:46 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A14JY8.012 E14JYPT1 smartinez on PROD1PC64 with REMARKS July 14, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1453 SENATE COMMITTEE MEETINGS 2:30 p.m. 10:30 a.m. Armed Services Environment and Public Works Title IV of Senate Resolution 4, To receive a closed briefing on the status To hold hearings to examine ways to agreed to by the Senate on February 4, of negotiations with Iraq on a strategic make the nation’s highways safer for 1977, calls for establishment of a sys- framework agreement and a status of travelers. tem for a computerized schedule of all forces agreement. SD–408 SR–222 11:30 a.m. meetings and hearings of Senate com- Health, Education, Labor, and Pensions mittees, subcommittees, joint commit- Judiciary Children and Families Subcommittee Business meeting to consider S. 3155, to tees, and committees of conference. To hold hearings to examine childhood reauthorize and improve the Juvenile This title requires all such committees obesity, focusing on declining health of Justice and Delinquency Prevention America’s next generation (Part I). to notify the Office of the Senate Daily Act of 1974, S. 2746, to amend section Digest—designated by the Rules com- SD–430 Foreign Relations 552(b)(3) of title 5, United States Code mittee—of the time, place, and purpose (commonly referred to as the Freedom of the meetings, when scheduled, and To hold closed hearings to examine North Korea’s declaration of the Six- of Information Act) to provide that any cancellations or changes in the Party Talks. statutory exemptions to the disclosure meetings as they occur. S–407, Capitol requirements of that Act shall specifi- As an additional procedure along Energy and Natural Resources cally cite to the provision of that Act authorizing such exemptions, to ensure with the computerization of this infor- Public Lands and Forests Subcommittee To hold hearings to examine S. 2354, to an open and deliberative process in mation, the Office of the Senate Daily direct the Secretary of the Interior to Congress by providing for related legis- Digest will prepare this information for convey 4 parcels of land from the Bu- lative proposals to explicitly state such printing in the Extensions of Remarks reau of Land Management to the city required citations, S. 3061, to authorize section of the CONGRESSIONAL RECORD of Twin Falls, Idaho, S. 3065, to estab- appropriations for fiscal years 2008 on Monday and Wednesday of each lish the Dominguez-Escalante National through 2011 for the Trafficking Vic- week. Conservation Area and the Dominguez tims Protection Act of 2000, to enhance Canyon Wilderness Area, S. 3069, to measures to combat trafficking in per- Meetings scheduled for Tuesday, July designate certain land as wilderness in sons, S. 2838, to amend chapter 1 of 15, 2008 may be found in the Daily Di- the State of California, S. 3085, to re- title 9 of United States Code with re- gest of today’s RECORD. quire the Secretary of the Interior to spect to arbitration, S. 3136, to encour- establish a cooperative watershed man- age the entry of felony warrants into MEETINGS SCHEDULED agement program, H.R. 3473, to provide the NCIC database by States and pro- for a land exchange with the City of vide additional resources for extra- JULY 16 Bountiful, Utah, involving National dition, S. 1276, to establish a grant pro- 10 a.m. Forest System land in the Wasatch- gram to facilitate the creation of Cache National Forest and to further Environment and Public Works methamphetamine precursor electronic land ownership consolidation in that Clean Air and Nuclear Safety Sub- logbook systems, and S. 3197, to amend national forest, H.R. 3490, to transfer committee title 11, United States Code, to exempt To hold hearings to examine the Nuclear administrative jurisdiction of certain Federal lands from the Bureau of Land for a limited period, from the applica- Regulatory Commission’s licensing and tion of the means-test presumption of relicensing processes for nuclear power Management to the Bureau of Indian Affairs, to take such lands into trust abuse under chapter 7, qualifying mem- plants. bers of reserve components of the SD–406 for Tuolumne Band of Me-Wuk Indians Armed Forces and members of the Na- Homeland Security and Governmental Af- of the Tuolumne Rancheria, H.R. 3651, tional Guard who, after September 11, fairs to require the conveyance of certain 2001, are called to active duty or to per- To hold hearings to examine global nu- public land within the boundaries of clear detection architecture, focusing Camp Williams, Utah, to support the form a homeland defense activity for on ways to build domestic defenses to training and readiness of the Utah Na- not less than 90 days. combat a possible future attack. tional Guard, H.R. 2632, to establish the SD–226 SD–342 Sabinoso Wilderness Area in San 2 p.m. Judiciary Miguel County, New Mexico, and S. Appropriations To hold hearings to examine the Admin- 2448, to amend the Surface Mining Con- Business meeting to markup proposed istration’s detainee policies and the trol and Reclamation Act of 1977 to legislation making appropriations for fight against terrorism, focusing on make certain technical corrections. the Departments of State, Foreign Op- sound legal foundations. SD–366 erations and Related Programs, Agri- SD–226 culture, Rural Development, Food and Rules and Administration JULY 17 Drug Administration, and Related To hold hearings to examine administra- 9:30 a.m. Agencies, and Military Construction tive and management operations of the Homeland Security and Governmental Af- and Veterans Affairs, and Related United States Capitol Police. fairs Agencies for the fiscal year ending Sep- SR–301 Investigations Subcommittee tember 30, 2009. 10:30 a.m. To hold hearings to examine financial in- SR–325 Aging stitutions located in offshore tax ha- 2:30 p.m. To hold hearings to examine smart ways vens, focusing on ways to strengthen Homeland Security and Governmental Af- Americans can save for their retire- United States domestic and inter- fairs ment. national tax enforcement efforts. Disaster Recovery Subcommittee SD–562 SD–106 To hold hearings to examine major dis- 11 a.m. 10 a.m. aster recovery assessing the perform- Commission on Security and Cooperation Banking, Housing, and Urban Affairs ance of the Federal Emergency Man- in Europe Business meeting to markup an original agement Agency (FEMA) since October To hold hearings to examine racism in bill entitled, ‘‘The Comprehensive Iran 2007. the 21st century, focusing on under- Sanctions, Accountability and Divest- SD–342 standing global challenges and imple- ment Act of 2008.’’. Foreign Relations menting solutions. SD–538 B318, Rayburn Building Finance To hold hearings to examine the nomina- 2 p.m. To hold hearings to examine leveraging tions of Mimi Alemayehou, of the Dis- Homeland Security and Governmental Af- innovation to improve health care trict of Columbia, to be United States fairs quality for all Americans. Director of the African Development Oversight of Government Management, the SD–215 Bank, Kenneth L. Peel, of Maryland, to Federal Workforce, and the District of Indian Affairs be United States Director of the Euro- Columbia Subcommittee To hold an oversight hearing to examine pean Bank for Reconstruction and De- To hold hearings to examine the human tracking sex offenders in Indian coun- velopment, and Miguel R. San Juan, of capital crisis at the Department of try, focusing on tribal implementation Texas, to be United States Executive State, focusing on its global implica- of the Adam Walsh Act (Public Law Director of the Inter-American Devel- tions. 109–248). opment Bank. SD–342 SD–562 SD–419

VerDate Aug 31 2005 04:46 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\M14JY8.000 E14JYPT1 smartinez on PROD1PC64 with REMARKS E1454 CONGRESSIONAL RECORD — Extensions of Remarks July 14, 2008 JULY 22 eral and to be Commander, United JULY 23 9:30 a.m. States Transportation Command, all of 9:30 a.m. Armed Services the United States Air Force. Veterans’ Affairs To hold hearings to examine the nomina- SR–325 To hold an oversight hearing to examine tions of Michael Bruce Donley, of Vir- 10 a.m. the Department of Veterans Affairs, fo- ginia, to be Secretary, General Norton Homeland Security and Governmental Af- cusing on responding to the needs of re- A. Schwartz, for reappointment to the fairs turning United States Guard and Re- grade of general and to be Chief of To hold hearings to examine ways for serve members. Staff, and General Duncan J. McNabb, America to gain energy security. SR–418 for reappointment to the grade of gen- SD–342

VerDate Aug 31 2005 04:46 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\M14JY8.000 E14JYPT1 smartinez on PROD1PC64 with REMARKS Monday, July 14, 2008 Daily Digest Senate National Direct Support Professionals Recogni- Chamber Action tion Week: Senate agreed to S. Res. 613, designating Routine Proceedings, pages S6613–S6676 the week beginning September 8, 2008, as ‘‘Na- Measures Introduced: Five bills and three resolu- tional Direct Support Professionals Recognition tions were introduced, as follows: S. 3258–3262, and Week’’. Pages S6671–72 S. Res. 611–613. Pages S6650–51 Measures Considered: Measures Reported: Tom Lantos and Henry J. Hyde United States S. 3258, making appropriations for energy and Global Leadership Against HIV/AIDS, Tuber- water development and related agencies for the fiscal culosis, and Malaria Reauthorization Act: Senate year ending September 30, 2009. (S. Rept. No. began consideration of the S. 2731, to authorize ap- 110–416) propriations for fiscal years 2009 through 2013 to S. 3260, making appropriations for financial serv- provide assistance to foreign countries to combat ices and general government for the fiscal year end- HIV/AIDS, tuberculosis, and malaria, after agreeing ing September 30, 2009. (S. Rept. No. 110–417) to the motion to proceed to its consideration, the S. 3261, making appropriations for the Depart- committee amendment in the nature of a substitute ments of Transportation and Housing and Urban was withdrawn, and taking action on the following Development, and related agencies for the fiscal year amendments proposed thereto: ending September 30, 2009. (S. Rept. No. 110–418) Pages S6621–32, S6642–46 Page S6650 Adopted: Reid for (Biden/Lugar) Amendment No. 5075, in Measures Passed: the nature of a substitute. Over-the-Road Bus Transportation Accessibility (By unanimous consent, the amendment will be Act: Senate passed H.R. 3985, to amend title 49, considered as original text for the purpose of further United States Code, to direct the Secretary of Trans- amendment.) Page S6642 portation to register a person providing transpor- Pending: tation by an over-the-road bus as a motor carrier of DeMint Amendment No. 5077, to reduce to passengers only if the person is willing and able to $35,000,000,000 the amount authorized to be ap- comply with certain accessibility requirements in ad- propriated to combat HIV/AIDS, tuberculosis, and dition to other existing requirements, clearing the malaria in developing countries during the next 5 measure for the President. Page S6669 years. Page S6642 DeMint Amendment No. 5078, to limit the Crisis in Zimbabwe: Senate agreed to S. Res. countries to which Federal financial assistance may 611, expressing the sense of the Senate on the crisis be targeted under this Act. Page S6642 in Zimbabwe. Pages S6669–70 DeMint Amendment No. 5079 (to Amendment Group of Eight (G8) Summit in Toyako: Senate No. 5078), to prevent certain uses of the Global agreed to S. Res. 612, expressing the sense of the Fund. Pages S6642–46 Senate that President George W. Bush, President A unanimous-consent agreement was reached pro- Dmitry Medvedev of the Russian Federation, and viding that during the pendency of the bill there be other participants in the 2008 Group of Eight (G8) no motions to proceed in order. Page S6642 Summit in Toyako, Hokkaido, Japan should work A unanimous-consent agreement was reached pro- together to foster a more constructive relationship, viding for further consideration of the bill at ap- and that the Government of the Russian Federation proximately 11 a.m., on Tuesday, July 15, 2008, should eschew behaviors that are inconsistent with and that the Majority Leader, or his designee, be rec- the Group’s objectives of protecting global security, ognized to make a motion to table DeMint Amend- economic stability, and democracy. Pages S6670–71 ment No. 5078 (listed above). Page S6672 D881

VerDate Aug 31 2005 05:45 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D14JY8.REC D14JYPT1 smartinez on PROD1PC64 with DIGEST D882 CONGRESSIONAL RECORD — DAILY DIGEST July 14, 2008 Nominations Received: Senate received the fol- Statements on Introduced Bills/Resolutions: lowing nominations: Pages S6652–54 3 Air Force nominations in the rank of general. Additional Statements: Pages S6649–50 3 Army nominations in the rank of general. Amendments Submitted: Pages S6654–69 11 Marine Corps nominations in the rank of gen- eral. Adjournment: Senate convened at 2 p.m. and ad- Routine lists in the Army. Pages S6672–76 journed at 7:27 p.m., until 10 a.m. on Tuesday, July 15, 2008. (For Senate’s program, see the remarks of Nomination Withdrawn: Senate received notifica- the Majority Leader in today’s Record on page tion of withdrawal of the following nomination: S6672.) 1 Air Force nomination in the rank of general. Page S6676 Committee Meetings Messages from the House: Page S6650 Measures Placed on the Calendar: Page S6650 (Committees not listed did not meet) Additional Cosponsors: Pages S6651–52 No committee meetings were held. h House of Representatives Speaker: Read a letter from the Speaker wherein she Chamber Action appointed Representative Jackson (IL) to act as Public Bills and Resolutions Introduced: 10 pub- Speaker pro tempore for today. Page H6411 lic bills, H.R. 6481–6490, and 1 resolution, H. Res. Recess: The House recessed at 12:31 p.m. and re- 1340, were introduced. Page H6472 convened at 2 p.m. Page H6411 Additional Cosponsors: Pages H6472–73 Suspensions: The House agreed to suspend the rules Reports Filed: A report was filed on July 10, 2008 and pass the following measures: as follows: National Sea Grant College Program Amend- H.R. 5170, to amend the Homeland Security Act ments Act of 2008:H.R. 5618, amended, to reau- of 2002 to provide for a privacy official within each thorize and amend the National Sea Grant College component of the Department of Homeland Secu- Program Act; Pages H6412–14 rity, with an amendment (H. Rept. 110–755). A report was filed on July 11, 2008 as follows: Clarifying the boundaries of Coastal Barrier H.R. 5618, to reauthorize and amend the Na- Resources System Clam Pass Unit FL–64P: H.R. tional Sea Grant College Program Act, with an 1714, to clarify the boundaries of Coastal Barrier Re- amendment (H. Rept. 110–701, Pt. 2). sources System Clam Pass Unit FL–64P; Reports were filed today as follows: Pages H6414–15 H.R. 3227, to direct the Secretary of the Interior Directing the Secretary of the Interior to con- to continue stocking fish in certain lakes in the tinue stocking fish in certain lakes in the North North Cascades National Park, Ross Lake National Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recre- Recreation Area, and Lake Chelan National ation Area, with amendments (H. Rept. 110–756); Recreation Area: H.R. 3227, amended, to direct the H.R. 5057, to reauthorize the Debbie Smith Secretary of the Interior to continue stocking fish in DNA Backlog Grant Program, with amendments certain lakes in the North Cascades National Park, (H. Rept. 110–757); and Ross Lake National Recreation Area, and Lake Che- H. Res. 1339, providing for consideration of the lan National Recreation Area; Pages H6415–16 bill (H.R. 415) to amend the Wild and Scenic Riv- Agreed to amend the title so as to read: ‘‘To au- ers Act to designate segments of the Taunton River thorize the Secretary of the Interior to allow stocking in the Commonwealth of Massachusetts as a compo- fish in certain lakes in the North Cascades National nent of the National Wild and Scenic Rivers System Park, Ross Lake National Recreation Area, and Lake (H. Rept. 110–758). Page H6472 Chelan National Recreation Area.’’. Page H6416

VerDate Aug 31 2005 05:45 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D14JY8.REC D14JYPT1 smartinez on PROD1PC64 with DIGEST July 14, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D883 Expressing support for the designation of July of Thurgood Marshall on the 100th anniversary of 26, 2008 as ‘‘National Day of the Cowboy’’: H. his birth; Pages H6428–32 Res. 984, to express support for the designation of Expressing the sense of the House of Representa- July 26, 2008 as ‘‘National Day of the Cowboy’’; tives that American flags flown on Federal Gov- Pages H6416–17 ernment buildings and on Federal property be Bishop Ralph E. Brower Post Office Building made in the United States: H. Res. 1182, to ex- Designation Act: H.R. 5506, to designate the facil- press the sense of the House of Representatives that ity of the United States Postal Service located at 369 American flags flown on Federal Government build- Martin Luther King Jr. Drive in Jersey City, New ings and on Federal property be made in the United Jersey, as the ‘‘Bishop Ralph E. Brower Post Office States; Pages H6432–33 Building’’; Pages H6417–18 Honoring the men and women of the Drug En- Minnie Cox Post Office Building Designation forcement Administration on the occasion of its Act: H.R. 4010, to designate the facility of the 35th anniversary: H. Con. Res. 369, to honor the United States Postal Service located at 100 West men and women of the Drug Enforcement Adminis- Percy Street in Indianola, Mississippi, as the ‘‘Minnie tration on the occasion of its 35th anniversary; Cox Post Office Building’’; Pages H6418–19 Pages H6433–35 Recognizing the 50th anniversary of the crossing Debbie Smith Reauthorization Act of 2008: of the North Pole by the USS ‘‘Nautilus’’ (SSN H.R. 5057, amended, to reauthorize the Debbie 571) and its significance in the history of both our Smith DNA Backlog Grant Program; Pages H6436–41 Nation and the world: H. Res. 1067, to recognize Agreed to amend the title so as to read: ‘‘To reau- the 50th anniversary of the crossing of the North thorize the Debbie Smith DNA Backlog Grant Pro- Pole by the USS Nautilus (SSN 571) and its signifi- gram, and for other purposes.’’. Page H6441 cance in the history of both our Nation and the Criminal History Background Checks Pilot Ex- world, by a 2⁄3 yea-and-nay vote of 375 yeas with tension Act of 2008: S. 3218, to extend the pilot none voting ‘‘nay’’, Roll No. 486; program for volunteer groups to obtain criminal his- Pages H6419–21, H6446–47 tory background checks—clearing the measure for Honoring the extraordinary service and excep- the President; Pages H6441–43 tional sacrifice of the 101st Airborne Division (Air A Child Is Missing Alert and Recovery Center Assault), known as the Screaming Eagles: H. Res. Act: H.R. 5464, to direct the Attorney General to 1080, amended, to honor the extraordinary service make an annual grant to the A Child Is Missing and exceptional sacrifice of the 101st Airborne Divi- Alert and Recovery Center to assist law enforcement sion (Air Assault), known as the Screaming Eagles, agencies in the rapid recovery of missing children; 2 by a ⁄3 yea-and-nay vote of 378 yeas with none vot- and Pages H6443–45 ing ‘‘nay’’, Roll No. 487; Pages H6421–22, H6447–48 Authorizing the Edward Byrne Memorial Jus- Recognizing the 60th anniversary of the integra- tice Assistance Grant Program at fiscal year 2006 tion of the United States Armed Forces: H. Con. levels through 2012: S. 231, to authorize the Ed- Res. 297, amended, to recognize the 60th anniver- ward Byrne Memorial Justice Assistance Grant Pro- sary of the integration of the United States Armed gram at fiscal year 2006 levels through 2012—clear- 2 Forces, by a ⁄3 yea-and-nay vote of 378 yeas with ing the measure for the President. Pages H6445–46 none voting ‘‘nay’’, Roll No. 488; Pages H6424–26, H6448 Recess: The House recessed at 5:12 p.m. and recon- Agreed to amend the title so as to read: ‘‘Recog- vened at 6:30 p.m. Page H6446 nizing the 60th anniversary of the beginning of the Suspension—Proceedings Postponed: The House integration of the Armed Forces.’’. Page H6448 debated the following measure under suspension of Regulatory Improvement Act: Agreed to the Sen- the rules. Further proceedings were postponed: ate amendment to H.R. 3564, to amend title 5, Expressing the deepest appreciation of Congress United States Code, to authorize appropriations for to the families of members of the United States the Administrative Conference of the United States Armed Forces: H. Con. Res. 295, to express the through fiscal year 2011—clearing the measure for deepest appreciation of Congress to the families of the President; Pages H6426–28 members of the United States Armed Forces. Honoring and recognizing the dedication and Pages H6422–24 achievements of Thurgood Marshall on the 100th Senate Message: Message received from the Senate anniversary of his birth: H. Con. Res. 381, to by the Clerk and subsequently presented to the honor and recognize the dedication and achievements House today appears on page H6411.

VerDate Aug 31 2005 05:45 Jul 15, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D14JY8.REC D14JYPT1 smartinez on PROD1PC64 with DIGEST D884 CONGRESSIONAL RECORD — DAILY DIGEST July 14, 2008 Senate Referrals: S. 1046 was referred to the Com- sisting of the text of H.R. 2786 as passed by the mittee on Oversight and Government Reform. House, passes S. 2062 as amended, and provides that Page H6470 the House insists on its amendment and requests a Quorum Calls—Votes: Three yea-and-nay votes de- conference with the Senate. Testimony was heard veloped during the proceedings of today and appear from Representatives Holt and Frank of Massachu- on pages H6447, H6447–48, and H6448. There setts. were no quorum calls. f Adjournment: The House met at 12:30 p.m. and COMMITTEE MEETINGS FOR TUESDAY, adjourned at 10:10 p.m. JULY 15, 2008 (Committee meetings are open unless otherwise indicated) Committee Meetings Senate TAUNTON RIVER WILD-SCENIC RIVER Committee on Banking, Housing, and Urban Affairs: to DESIGNATION ACT hold hearings to examine the semiannual monetary policy Committee on Rules: Granted, by voice vote, a rule report to Congress, 10 a.m., SR–325. Full Committee, to hold hearings to examine recent providing for consideration of H.R. 415, to amend developments in United State financial markets and regu- the Wild and Scenic Rivers Act to designate seg- latory responses to them, 11:30 a.m., SR–325. ments of the Taunton River in the Commonwealth Committee on Commerce, Science, and Transportation: Sub- of Massachusetts as a component of the National committee on Aviation Operations, Safety, and Security, Wild and Scenic Rivers System. The rule provides to hold hearings to examine summer air travel, focusing one hour of general debate equally divided and con- on addressing congestion and delay, 10 a.m., SR–253. trolled by the chairman and ranking minority mem- Committee on Energy and Natural Resources: to hold hear- ber of the Committee on Natural Resources. ings to examine S. 3233, to promote development of a The rule waives all points of order against consid- 21st century energy system to increase United States eration of the bill except clauses 9 and 10 of rule competitiveness in the world energy technology market- XXI. The rule provides that the amendment in the place, and S. 2730, to facilitate the participation of pri- vate capital and skills in the strategic, economic, and en- nature of a substitute recommended by the Com- vironmental development of a diverse portfolio of clean mittee on Natural Resources now printed in the bill energy and energy efficiency technologies within the shall be considered as an original bill for the purpose United States, to facilitate the commercialization and of amendment and shall be considered as read. The market penetration of the technologies, 10 a.m., SD–366. rule waives all points of order against the amend- Committee on Finance: to hold hearings to examine inter- ment in the nature of a substitute except for clause national enforcement of intellectual property rights and 10 of rule XXI. American competitiveness, 10 a.m., SD–215. The rule makes in order only those amendments Committee on Foreign Relations: to hold hearings to exam- printed in the report of the Committee on Rules. ine the crisis in Zimbabwe and prospects for its resolu- The amendments made in order may be offered only tion, 10:30 a.m., SD–419. in the order printed in the report, may be offered Committee on Health, Education, Labor, and Pensions: to hold hearings to examine the Americans with Disabilities only by a Member designated in the report, shall be Act (Public Law 101–336), focusing on ways to deter- considered as read, shall be debatable for the time mine the proper scope of coverage, 10 a.m., SD–106. specified in the report equally divided and controlled Committee on Homeland Security and Governmental Affairs: by the proponent and an opponent, shall not be sub- to hold hearings to examine the nomination of Gus P. ject to amendment, and shall not be subject to a de- Coldebella, of Massachusetts, to be General Counsel, De- mand for a division of the question in the House or partment of Homeland Security, 10 a.m., SD–342. in the Committee of the Whole. All points of order Committee on the Judiciary: Subcommittee on Antitrust, against the amendments except for clauses 9 and 10 Competition Policy and Consumer Rights, to hold hear- of rule XXI are waived. The rule provides one mo- ings to examine the Google-Yahoo agreement, focusing tion to recommit with or without instructions. on the future of internet advertising, 10:30 a.m., The rule provides that, notwithstanding the oper- SD–226. ation of the previous question, the Chair may post- House pone further consideration of the bill to a time des- Committee on Armed Services, Subcommittee on Oversight ignated by the Speaker. and Investigations, hearing on A New U.S. Grand Strat- The rule takes from the Speaker’s table S. 2062 egy, 10 a.m., 2212 Rayburn. (the Native American Housing Assistance and Self- Committee on Education and Labor, hearing on Is the De- Determination Reauthorization Act of 2007), adopts partment of Labor Effectively Enforcing Our Wage and an amendment in the nature of a substitute con- Hour Laws? 10:45 a.m., 2175 Rayburn.

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Committee on Energy and Commerce, Subcommittee on En- ize the expansion of the Fort Davis National Historic Site ergy and Air Quality, hearing entitled ‘‘Next Steps To- in Fort Davis, Texas, and for other purposes; and H.R. ward Permanent Nuclear Waste Disposal,’’ 10 a.m., 2123 6305, To clarify the authorization for the use of certain Rayburn. National Park Service properties within Golden Gate Na- Committee on Homeland Security, Subcommittee on Emer- tional Parks and San Francisco Maritime National His- gency Communications, Preparedness and Response, hear- toric Park, and for other purposes, 10 a.m., 1334 Long- ing entitled ‘‘Assessing the Framework and Coordination worth. of the National Emergency Communications Plan, 10 Subcommittee on Water and Power, to mark up the a.m., 311 Cannon. following bills: H.R. 3437, Jackson Gulch Rehabilitation Subcommittee on Transportation Security and Infra- Act of 2007; H.R. 2535, Tule River Tribe Water Devel- structure, hearing entitled ‘‘The Next Step in Aviation opment Act; and H.R. 5293, Shoshone-Paiute Tribes of Security—Cargo Security: Is DHS Implementing the Re- the Duck Valley Reservation Water Rights Settlement quirements of the 9/11 Law Effectively?’’ 2 p.m., 311 Act, 10 a.m., 1324 Longworth. Cannon. Committee on Oversight and Government Reform, Sub- Committee on the Judiciary, Task Force on Competition committee on Federal Workforce, Postal Service and the Policy and Antitrust Laws, hearing on Competition on District of Columbia, to mark up H.R. 6322, Public the Internet, 1:30 p.m., 2141 Rayburn. Charter Schools Home Rule Act of 2008; followed by a Subcommittee on Commercial and Administrative Law, hearing on H.R. 5600, District of Columbia Court, Of- to mark up the following bills: H.R. 6126, Fairness in fender Supervision, Parole, and Public Defender Employ- Nursing Home Arbitration Act of 2008; H.R. 5312, ees Equity Act of 2008, 2 p.m., 2154 Rayburn. Automobile Arbitration Fairness Act of 2008; and H.R. Subcommittee on National Security and Foreign Af- 3010, Arbitration Fairness Act of 2007, 12:30 p.m., fairs, hearing on AFRICOM: Rationales, Roles, and 2237 Rayburn. Progress on the Eve of Operations, 10 a.m., 2154 Ray- Subcommittee on the Constitution, Civil Rights and burn. Civil Liberties, to continue hearings on From the Depart- Committee on Rules. to consider the following bills: H.R. ment of Justice to Guantanamo Bay: Administration Law- 5959, Intelligence Authorization Act for Fiscal Year yers and Administration Interrogation Rules, Part IV, 10 2009; and H.R. 3999, National Highway Bridge Recon- a.m., 2141 Rayburn. struction and Inspection Act of 2007, 2:30 p.m., H–313 Subcommittee on Crime, Terrorism and Homeland Se- Capitol. curity, hearing on the following bills: H.R. 6064, Na- Committee on Science and Technology, Subcommittee on tional Silver Alert Act; H.R. 5898, Silver Alert Grant Research and Science Education, hearing on the Role of Program Act of 2008; and H.R. 423, Kristen’s Act Reau- Non-Governmental Organizations and Universities in thorization of 2007; followed by a mark up of H.R. International Science and Technology Cooperation, 10 6064, National Silver Alert Act, 2 p.m., 2237 Rayburn. a.m., 2318 Rayburn. Committee on Natural Resources, Subcommittee on Na- Subcommittee on Technology and Innovation, over- tional Parks, Forests and Public Lands, hearing on the sight hearing on Low-Level Plutonium Spill at NIST- following bills: H.R. 2297, Arizona National Scenic Trail Boulder; Contamination of Lab and Personnel, 11 a.m., Act; H.R. 2299, Southern Nevada Limited Transition 2325 Rayburn. Area Act; H.R. 5335, To amend the National Trails Sys- Committee on Veterans’ Affairs, Subcommittee on Over- tem Act to provide for the inclusion of new trails seg- sight and Investigations, Media Outreach to Veterans, 2 ments, land components, and campgrounds associated p.m., 334 Cannon. with the Trail of Tears National Historic Trail, and for Committee on Ways and Means, Subcommittee on Health, other purposes; H.R. 5671, To amend the laws estab- hearing on State Coverage Initiatives, 10 a.m., 1100 lishing the Whiskeytown-Shasta-Trinity National Recre- Longworth. ation Area and the Columbia River National Gorge Na- Permanent Select Committee on Intelligence, executive, brief- tional Scenic Area, units of the National Forest System ing by Ambassador Chris Hill, 3:30 p.m., H–405 Cap- derived from the public domain, to authorize the Sec- itol. retary of Agriculture to retain and utilize special use per- mit fees collected by the Secretary in connection with the Joint Meetings operation of marinas in the recreation area and the oper- Commission on Security and Cooperation in Europe: to ation of the Multnomah Fall Lodge in the scenic area, hold hearings to examine the Supreme Court’s recent de- and for other purposes; H.R. 5853, Minute Man National cision in Boumediene v. Bush, focusing on foreign ter- Historical Park Boundary Revision Act; H.R. 6159, rorism suspects held at Guantanamo Bay detention facil- Deafy Glade Land Exchange Act; H.R. 6176, To author- ity, 2:30 p.m., 2200 Rayburn Building.

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Next Meeting of the SENATE Theater for 50 years of service as a vital American cultural am- 10 a.m., Tuesday, July 15 bassador to the world; 8) H. Res. 1323—Commending the Ar- izona State University softball team for their victory in the Senate Chamber 2008 Women’s College World Series; 9) H. Res. 1327—Con- gratulating the 2008 National Collegiate Athletic Association Program for Tuesday: After the transaction of any morning (NCAA) Division I Baseball Champions, the Fresno State Bull- business (not to extend beyond 60 minutes), Senate will con- dogs; 10) H. Res. 1261—Congratulating East High School in tinue consideration of S. 2731, Tom Lantos and Henry J. Hyde Denver, Colorado, on winning the 2008 ‘‘We the People: The United States Global Leadership Against HIV/AIDS, Tuber- Citizen and the Constitution’’ national competition; 11) H. culosis, and Malaria Reauthorization Act, and the Majority Con. Res. 385—Condemning the attack on the AMIA Jewish Leader will be recognized to make a motion to table the Community Center in Buenos Aires, Argentina, in July 1994; DeMint Amendment No. 5078. 12) H. Res. 1090—Honoring the esteemed former President (Senate will recess from 12:30 p.m. until 2:15 p.m. for their re- Nelson Rolihlahla Mandela on the occasion of his 90th birth- spective party conferences.) day; 13) H.R. 3890—Burma Democracy Promotion Act of 2007; 14) H.R. 3032—To amend the Federal Election Cam- paign Act of 1971 to permit candidates for election for Federal Next Meeting of the HOUSE OF REPRESENTATIVES office to designate an individual who will be authorized to dis- 9 a.m., Tuesday, July 15 burse funds of the authorized campaign committees of the can- didate in the event of the death of the candidate; 15) H.R. House Chamber 6296—To extend through 2013 the authority of the Federal Program for Tuesday: Consideration of the following suspen- Election Commission to impose civil money penalties on the sions: 1) H.R. 4049—Money Service Business Act of 2007; 2) basis of a schedule of penalties established and published by the H.R. 6455—To require the Secretary of the Treasury to mint Commission; and 16) H.R. 5803—To direct the Election As- coins in commemoration of the 50th anniversary of the estab- sistance Commission to establish a program to make grants to lishment of the National Aeronautics and Space Administra- participating States and units of local government which will tion; 3) S. 3145—A bill to designate a portion of United States administer the regularly scheduled general election for Federal Route 20A, located in Orchard Park, New York, as the ‘‘Tim- office held in November 2008 for carrying out a program to othy J. Russert Highway’’; 4) S. 496—The Appalachian Re- make backup paper ballots available in the case of the failure gional Development Act Amendments of 2008; 5) H. Con. of a voting system or voting equipment in the election or some Res. 299—Supporting the goals and ideals of National Cystic other emergency situation. Consideration of H.R. 415— Fibrosis Awareness Month; 6) H. Res. 1259—Congratulating Amending the Wild and Scenic Rivers Act to designate seg- the Hamilton College Continentals on winning the NCAA Di- ments of the Taunton River in the Commonwealth of Massa- vision III women’s lacrosse championship; 7) H. Res. 1088— chusetts as a component of the National Wild and Scenic Riv- Recognizing and commending the Alvin Ailey American Dance ers System (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Dreier, David, Calif., E1450 Matsui, Doris O., Calif., E1448 Filner, Bob, Calif., E1452 Miller, George, Calif., E1446 Aderholt, Robert B., Ala., E1451 Franks, Trent, Ariz., E1452 Moore, Gwen, Wisc., E1449 Bachmann, Michele, Minn., E1450 Green, Gene, Tex., E1449 Sessions, Pete, Tex., E1445 Blumenauer, Earl, Ore., E1451 Kanjorski, Paul E., Pa., E1448 Sestak, Joe, Pa., E1445 Burgess, Michael C., Tex., E1446 Kildee, Dale E., Mich., E1447 Stearns, Cliff, Fla., E1449 Castor, Kathy, Fla., E1451 Kucinich, Dennis J., Ohio, E1446, E1450 Tancredo, Thomas G., Colo., E1445 Childers, Travis W., Miss., E1450 McCollum, Betty, Minn., E1448

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