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

Vol. 154 WASHINGTON, WEDNESDAY, JANUARY 23, 2008 No. 10 House of Representatives The House met at 10 a.m. WELCOMING THE REVEREND SAUL Mrs. MALONEY of New York. Madam The Reverend Saul Santos, Jr., Foun- SANTOS, JR. Speaker, a new report by the Joint tain of Truth Church, Fontana, Cali- The SPEAKER. Without objection, Economic Committee shows 1 million fornia, offered the following prayer: the gentleman from California (Mr. more children a year may need public Heavenly Father, thank You for BACA) is recognized for 1 minute. health insurance due to the worsening being the God of all people, believers There was no objection. economic conditions, even apart from and non-believers. You are the God of Mr. BACA. Madam Speaker, I stand the growing trend in coverage in our all thrones, dominions and rulers. All here today to recognize a charitable, Nation. But State budgets are already authority in heaven and Earth are in compassionate young man from my strained by the weak national economy Your hands. You are the founder of the Congressional district in California, and the growing housing crisis. Earth and established the heavens. You Minister Saul Santos, Jr. Minister This is a perfect storm that can be formed us from the dust of the ground Santos blessed us with the wonderful avoided, if Congress votes today to and gave us the breath of life. prayer we just heard this morning. And override the President’s veto of legisla- Today, I ask that You establish this while only 27 years of age, he is already tion that would bring health care to 10 House full of Your knowledge, Your a licensed minister at the Christian million children in need. wisdom, understanding and love. Life Center Apostolic Church in On- Over the next 5 years, our bill would As we pray, I ask that You extend tario, California. preserve coverage for more than 6 mil- Your hand of protection over each Rep- In a world where too many of us have lion children currently covered by the resentative and their families. Give turned a blind eye to the problems of Children’s Health Insurance Program them strength as they lead. Lord God, our neighbors, Minister Santos has led and extend coverage to nearly 4 million I know that You are never absent from a life filled with service to others. And children who are currently uninsured. them when they need You. I say service to others. He is the found- I urge my colleagues today to vote to I thank You for freedom and Amer- er and president of Affirming Commu- override the President’s veto of chil- ica. nity Initiatives, a nonprofit organiza- dren’s health insurance. As we pray, this House is stronger; as tion that provides food, clothing and f we commit our work unto You, in youth programs to the underserved in IN MEMORY OF PRIME MINISTER Christ Jesus our Lord. Amen. our Inland communities. BENAZIR BHUTTO Let us thank Minister Santos for f (Mr. WILSON of South Carolina serving as our guest House Chaplain asked and was given permission to ad- today, and recognize him for the exam- THE JOURNAL dress the House for 1 minute and revise ple he has set for many others to fol- and extend his remarks.) The SPEAKER. The Chair has exam- low. He is truly a role model for us. We Mr. WILSON of South Carolina. ined the Journal of the last day’s pro- should all strive to live our lives in Madam Speaker, last week the House ceedings and announces to the House such a selfless and truly Christian of Representatives passed unanimously her approval thereof. manner, as he has done. Pursuant to clause 1, rule I, the Jour- a resolution condemning the assassina- nal stands approved. f tion of former Pakistani Prime Min- ANNOUNCEMENT BY THE SPEAKER ister Benazir Bhutto. Included in the f PRO TEMPORE resolution was a reaffirmation of our commitment to assist Pakistan in the PLEDGE OF ALLEGIANCE The SPEAKER pro tempore (Mrs. global war on terrorism and to help The SPEAKER. Will the gentle- TAUSCHER). The Chair will entertain up promote democratic principles there, a to 10 further requests for 1-minute woman from New York (Mrs. MALONEY) cause for which Ms. Bhutto ultimately come forward and lead the House in the speeches on each side of the aisle. gave her life. Pledge of Allegiance. f I had the honor with Congressman Mrs. MALONEY of New York led the DAVID DREIER and Congressman DAR- OVERRIDE PRESIDENT’S VETO OF RELL ISSA to have breakfast with Ms. Pledge of Allegiance as follows: CHILDREN’S HEALTH INSURANCE I pledge allegiance to the Flag of the Bhutto at her home in Islamabad just 4 United States of America, and to the Repub- (Mrs. MALONEY of New York asked weeks prior to her murder. I was tre- lic for which it stands, one nation under God, and was given permission to address mendously impressed with her passion indivisible, with liberty and justice for all. the House for 1 minute.) for the principles of democracy and

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

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VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H392 CONGRESSIONAL RECORD — HOUSE January 23, 2008 dedication to seeing democracy spread The trade imbalance grew in Novem- It also, Madam Speaker, goes to the throughout Pakistan and the region. ber to record levels, primarily from the notion of encouraging economic growth No doubt, these are principles which high cost of imported oil. But Congress by cutting the capital gains rate from her assassins were determined to stop. votes to block drilling for U.S. oil on 15 percent to 10 percent and cutting the It is incumbent on us to continue to the Atlantic Coast, the Gulf Coast, the top corporate rate from 35 percent to 25 stand up for the principles Ms. Bhutto Pacific Coast, the Western States and percent. Remember, we have the sec- championed, to help our partner work Alaska. Something is wrong here. We ond highest rate in the entire world toward a more open and democratic have hundreds of years of American when it comes to corporate tax. We Pakistan, and, above all, not to tire in coal to make electricity. We should need to focus on the issue of economic our stopping of the terrorists who wish fund research to clean up the coal, not growth. It will actually apply the to stand in the way of free and demo- ignore it. death penalty to the death tax, and it cratic societies. Stopping terrorists In the meantime, energy costs go up, will take the alternative minimum tax overseas is the best way to protect food costs go up, manufacturing jobs go and index it and ultimately eliminate American families at home. down, the economy goes down. Some- it. In conclusion, God bless our troops, thing is wrong here. If we are serious Madam Speaker, this is what we need and we will never forget September about helping the economy, let’s bring to do to stimulate our economy. This is 11th. down the cost of energy. The best eco- what we need to do to empower the f nomic stimulus package is a job. people who will move and propel our GIVE CHILDREN A CHANCE AT A f economy forward. I urge my col- leagues, Democrats and Republicans HEALTHY FUTURE: OVERRIDE URGING SUPPORT IN OVERRIDING alike, to join as cosponsors of this very THE PRESIDENT’S SCHIP VETO PRESIDENT’S SCHIP VETO important legislation. (Ms. TSONGAS asked and was given (Mr. SESTAK asked and was given f permission to address the House for 1 permission to address the House for 1 minute.) minute.) b 1015 Ms. TSONGAS. Madam Speaker, Mr. SESTAK. Madam Speaker, I rise today I will proudly vote to override SUPPORT CHILDREN’S HEALTH IN- in support of the Children’s Health In- the President’s veto of a bill to expand SURANCE PROGRAM REAUTHOR- surance Program, and hope that we the Children’s Health Insurance Pro- IZATION ACT would override the President’s veto gram, for the second time. This bill today. This will cover 3.4 million unin- (Mr. CUELLAR asked and was given provides coverage to children whose sured children. The number is almost permission to address the House for 1 families cannot afford private insur- too large to comprehend. minute.) ance and would expand access to health I had the opportunity to live in an Mr. CUELLAR. Madam Speaker, I insurance to 10 million children nation- oncology ward several years ago with rise today in full support of H.R. 3963, ally, 200,000 of whom live in Massachu- the Children’s Health Insurance Pro- setts. my young daughter. There was a young boy, 21⁄2 years old, with acute leu- gram Reauthorization Act. The SCHIP I was thinking of our children when I program in the State of Texas has been first voted to override the President’s kemia, who had to listen, or, rather, his parents were listening, as social extremely successful in providing cru- veto of this bill on October 18th, the cial access to health care for children. same day I was sworn into office. Tens workers came and went to see if he could potentially be covered, because SCHIP coverage provides children with of thousands of people from my district coverage for a full range of health serv- and millions more across the country, they did not have health insurance, covered to receive the care my daugh- ices. both Republicans and Democrats, have Uninsured children are five times made their support for this program ter was receiving. As we enter what is possibly a reces- more likely than insured children to abundantly clear. However, the Bush use the emergency room in hospitals as administration refuses to hear their sion, I see that number growing. This is something not morally right for their main source for medical care. The message. cost of an emergency room visit is This program is especially important these children. It is also a necessity for more than $144 compared to only $36 to my State of Massachusetts, where our economic betterment, to have for a primary doctor’s visit. A number the program was first developed, and healthy, productive individuals. I urge of these emergency visits should be remains critical to sustaining the uni- my colleagues all to vote to override made to primary doctors with SCHIP versal Massachusetts Health Care Pro- the President’s veto, for this Nation coverage. gram. and for our children. The current SCHIP enrollment for I stand with a strong bipartisan ma- f the children in the State of Texas is jority ready to give our children a A PANACEA TO THE ECONOMIC chance at a healthy future, and I urge about 353,000, and there are over 1.4 GROWTH CHALLENGE: THE FAIR million uninsured children in the State my colleagues to again override the AND SIMPLE TAX ACT President’s veto. of Texas, which is the highest rate of (Mr. DREIER asked and was given uninsured children in the Nation. f permission to address the House for 1 Madam Speaker, I am glad to support HELPING THE ECONOMY BY minute and revise and extend his re- the SCHIP reauthorization act and ask BRINGING DOWN THE COST OF marks.) my colleagues to support this bill. ENERGY Mr. DREIER. Madam Speaker, as vir- f (Mr. TIM MURPHY of Pennsylvania tually everyone is talking about the IRAQ asked and was given permission to ad- need for us to have an economic stim- dress the House for 1 minute.) ulus package, I am very proud today to (Mr. PITTS asked and was given per- Mr. TIM MURPHY of Pennsylvania. be introducing what I think is the clos- mission to address the House for 1 Madam Speaker, while Congress and est thing to a panacea to the economic minute and to revise and extend his re- the President are talking about an eco- growth challenge that we are facing. marks.) nomic stimulus package, remember This plan that I have introduced is Mr. PITTS. Madam Speaker, over the that the high costs of energy are cost- the brainchild of my friends Bill break I had the opportunity to travel ing us our economy. Simon, Jennifer Pollom and Mike to Iraq to meet with our troops and Oil and gas prices continue to climb. Boskin. It is a plan that is designed to military commanders on the ground Our President asked Saudi leaders to allow people at the lower end of the there. produce more oil to bring prices down. spectrum on their first $40,000 in in- Two observations: the morale of our Well, something is wrong here. OPEC come to pay 10 percent, on income be- troops is high, and the surge is work- controls the price, OPEC funds the tween $40,000 and $150,000, 15 percent, ing. General Petraeus has crafted a process, and we end up funding both and on income above $150,000, 30 per- highly sophisticated counterinsurgency sides of the war on terror. cent. strategy that has put the terrorists on

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H393 the defensive and brought some level of in terms of American security. You DISPROPORTIONATE MEDIA security to many Iraqi communities might wonder why that is, and that is COVERAGE where there had been none before. because a law that we passed last sum- (Mr. SMITH of Texas asked and was Now I know it’s hard to admit when mer is expiring and our intelligence given permission to address the House you are wrong, but there are many in agencies are going to be greatly crip- for 1 minute and to revise and extend this Chamber who came to this floor pled in their ability to make intel- his remarks.) and opposed the surge saying it would ligence intercepts because of the Mr. SMITH of Texas. Madam Speak- be a failure. Well, it hasn’t been. It has change in the law. er, the national media continue to de- been a success. In fact, even the United What has happened is the Democrats vote a disproportionate amount of Nations is recognizing the success of are trying to get us to go through a news coverage to the Democratic Presi- the Petraeus strategy. The U.N.’s top very complicated procedure with the dential campaign. envoy in Iraq acknowledged the im- FISA court to check on surveillance For example, on the day before the provements in security and even ten- before we can actually make the wire- Republican primary in Michigan, tative steps towards national reconcili- tap. What the result is going to be is NBC’s Today Show gave almost 7 min- ation this week. that it is going to make it very, very utes to the race between Democrat Even for the war’s opponents, it is difficult to do these intercepts. Senator BARACK OBAMA and Senator now time to admit the success of the Now we debated this at the end of HILLARY CLINTON, compared to about 30 surge strategy in Iraq. But, instead of last year, and we found that with the seconds to the close Republican race. honoring the great work of our troops, law that was being proposed, we NBC isn’t the only network giving all I hear is silence. wouldn’t be able to arrest bin Laden more coverage to the Democratic cam- f even if we knew where he was going to paign. The January 7 edition of ABC’s THE WAR IN IRAQ be and what time he was going to be Good Morning America devoted almost there. Since World War II, we have 15 minutes of coverage to analyzing the (Mr. KUCINICH asked and was given done these intercepts. We have inter- race between BARACK OBAMA and HIL- permission to address the House for 1 cepted Japanese and German wire LARY CLINTON. Just 30 seconds were minute and to revise and extend his re- transmissions. given to the Republican side. marks.) The bottom line is quite simply we We must continue to encourage the Mr. KUCINICH. The Center for Public are going to lose 60 percent of our in- media to report with fairness rather Integrity, in a report released today, telligence gathering if this law is not than partiality. Only then can the has found the Bush administration led fixed. American people get the balanced cov- the Nation to war on the basis of erro- erage of this important Presidential neous information that it methodically f campaign that they need and deserve. propagated and it culminated in mili- tary action against Iraq on March 19, f 2003. * * * COMMENDING IOWA FIRE- ECONOMIC STIMULUS PACKAGE The SPEAKER pro tempore. The gen- FIGHTERS AND MAQUOKETA RESIDENTS (Mr. COHEN asked and was given per- tleman will suspend. mission to address the House for 1 Mr. STEARNS. Madam Speaker, I de- (Mr. BRALEY of Iowa asked and was minute and to revise and extend his re- mand that the words of the gentleman given permission to address the House marks.) from Ohio (Mr. KUCINICH) be taken for 1 minute and to revise and extend Mr. COHEN. Madam Speaker, this down. his remarks.) week and in the coming weeks the The SPEAKER pro tempore. The Mr. BRALEY of Iowa. Madam Speak- American people need this House and Clerk will report the words. er, I rise today to salute the people of Senate and the President to work in a b 1030 Maquoketa, Iowa, for their extraor- bipartisan fashion to come up with a dinary sense of civic duty during the Mr. KUCINICH. Madam Speaker, I monetary policy and a fiscal policy course of a severe fire that destroyed a ask unanimous consent to withdraw here that will help our economy. It sizable part of the city’s historic down- the offending words, to the end that needs to be temporary, timely and tar- town early Saturday morning. I also they be stricken from the RECORD, and geted. And I would hope that we can want to recognize the efforts of fire- that I be permitted to revise and ex- work with our Republican colleagues in fighters from Maquoketa and 27 sur- tend my remarks for the RECORD. a bipartisan fashion to direct that to rounding communities to extinguish The SPEAKER pro tempore. Is there people in the middle income and lower the blaze and keep it from consuming objection to the request of the gen- income levels who need the help and other downtown buildings. tleman from Ohio? will spend the money immediately. Mr. STEARNS. Reserving the right The fire was a blow to Maquoketa’s To give rebates to people who are to object, Madam Speaker, I will ac- historic downtown, completely de- making a lot of money, people earning cept this time the gentleman’s request stroying five buildings and causing se- salaries such as we are in Congress, and to withdraw his words, but his clear vere damage to several businesses and others, is not the right thing to do. We and egregious violation of House rules homes. need to give money to people who are needs to be fully understood by him- While the fire left behind physical suffering the most from the high gas self. Both sides wish to restore civility and emotional scars, it also dem- prices, from the loss of employment, here with legitimate debate and not onstrated what makes Iowa such a and from the other economic effects utter personal accusations. great place. Firefighters battled tire- that are hurting the people at the bot- With that, Madam Speaker, I with- lessly through subzero temperatures tom. draw my objection. and wind chills of 20 below zero to get I ask my Republican colleagues and The SPEAKER pro tempore. Is there the blaze under control. Meanwhile, the President, and hopefully he will in objection to the request of the gen- hundreds of Maquoketa residents open the State of the Union, address those tleman from Ohio? their homes and businesses to provide who need help the most and help this There was no objection. warm shelter, hot food, and emotional American and world economy. support for the firefighters and resi- f f dents impacted by the fire. INTELLIGENCE GATHERING Perhaps young Maquoketa resident RELIGIOUS INTOLERANCE IN CRIPPLED Kalli Muhlhausen said it best: ‘‘They MALAYSIA (Mr. AKIN asked and was given per- have our hearts, and we have their (Mr. POE asked and was given per- mission to address the House for 1 backs.’’ mission to address the House for 1 minute and to revise and extend his re- Iowans dismiss such an outpouring of minute and to revise and extend his re- marks.) generosity as simply ‘‘the right thing marks.) Mr. AKIN. Madam Speaker, February to do,’’ but the people of Maquoketa Mr. POE. Madam Speaker, the Ma- 1 is an extremely important date for us deserve a special thank you. laysian Government recently seized

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H394 CONGRESSIONAL RECORD — HOUSE January 23, 2008 Christian children’s books written in would directly increase the value of the We should also reduce tax rates on English because they contained illus- dollar and ultimately lower deficits. our companies from the highest tax trations of Bible prophets Moses and The American people and businesses rates in the world to instead placing Abraham, an alleged violation of Is- are better at deciding what to do with American employers on an even tax lamic Shariah law. their money than the Federal Govern- footing globally. The Malaysian Government’s publi- ment. With more money in their hands, Madam Speaker, today’s economy cations and ‘‘Religious Enforcement an increase in investment in our econ- didn’t happen overnight, and tomor- Police’’ found that the images of Bible omy and in increase in personal sav- row’s growth and prosperity will de- characters in the Christian books of- ings would take hold and ultimately pend on our commitment to bold, for- fended the sensitivities of Muslims and lead to a stronger and growing econ- ward-looking tax policies now. omy. must be banished. f Malaysian Prime Minister Badawi in- As we in Congress consider this one- dicated other religions must under- time stimulus package over the next ECONOMIC STIMULUS PACKAGE stand that Islam is the true religion for few weeks, I contend that a long-term (Ms. JACKSON-LEE of Texas asked Malaysia. solution to this problem is to lower and was given permission to address The government’s ‘‘midnight raid’’ spending, which will in turn lead to the House for 1 minute and to revise on these books infringes on the basic lower taxes and a permanent economic and extend her remarks.) human right of religious freedom, a bounce and revitalization. Ms. JACKSON-LEE of Texas. Madam right which ironically is protected in f Speaker, I have risen several times on the Malaysian constitution, but non- FIGHTING POVERTY the floor of the House to encourage my existent under Islamic Shariah law. (Mr. JEFFERSON asked and was colleagues to consider the mortgage This is yet another example of the given permission to address the House crisis when we talk about an economic problems with a State religion. for 1 minute and to revise and extend stimulus package. Ghandi once said, ‘‘If we are to re- his remarks.) It is well known that an economic spect others’ religions as we would Mr. JEFFERSON. Madam Speaker, I stimulus package should stimulate and have them respect ours, a study of the rise to thank Representative BARBARA it should be driven by existing law. But world’s religions is a sacred duty.’’ The LEE for passing her resolution yester- there is no reason why we cannot find Malaysian government expects all reli- day committing our Nation to fight a connector for a 90-day moratorium, a gions to be tolerant of the Islamic reli- poverty. moratorium on those who are about to gion, but hypocritically is intolerant of Nowhere is this commitment and ac- go over the brink and provide a freeze the Christian faith. tion needed more than in the City of on those adjustable rates. An economic And that’s just the way it is. New Orleans. Ironically, on the day stimulus package is to stimulate. What f that the levees broke in New Orleans, more stimulation than for people to OVERRIDE SCHIP VETO 21⁄2 years ago, the Census Bureau was keep their homes and pay their mort- releasing its report on poverty, show- gages. (Ms. WATSON asked and was given ing that Orleans Parish had a poverty Might I also say that as the mort- permission to address the House for 1 rate of 23.2 percent, seventh highest in gage collapse goes, then families are minute and to revise and extend her re- the 290 large counties in America. Thir- subject to not having their children marks.) ty-five percent of the city’s African covered by the SCHIP program. The de- Ms. WATSON. Today, I join my col- American population is classified as bate today will be enormously impor- leagues, Madam Speaker, to override poor. Seventy-seven percent of the stu- tant because it will cost less than $3.50 the President’s veto of H.R. 3963, which dents in New Orleans participate in a day to provide for these children. And the President vetoed on December 12. free or reduced-cost lunch programs. as well, it will help States all over the Since then, we received more discour- Pre-Katrina African Americans made Nation, including the 1 million chil- aging news regarding the growing do- up 67 percent of New Orleans, but 84 dren in Texas that no longer have mestic and global economic crisis. It is percent of its population is below the health insurance because of this hor- imperative that we look at the impact poverty line. And it is mostly in its 47 rific veto. of the downturn on our Nation’s chil- neighborhoods of extreme poverty We need a stimulus package that pro- dren. A slowing economy will defi- where our citizens are still out of town, vides people with housing and a stim- nitely lead to an increased demand na- unable to return and share in the re- ulus package that takes care of our tionwide for SCHIP services. building of New Orleans. children. Overriding the President’s veto of So the commitment of our Nation f SCHIP is more critical than ever dur- must not be just to recover the City of ing this period of economic downturn. I New Orleans, but also to focus on the b 1045 urge my colleagues to join me to over- peculiar needs of its impoverished citi- THE BEST ECONOMIC STIMULUS IS ride the President’s veto and to guar- zens, needs existing before Katrina A JOB antee that sufficient funding levels to made much more desperate since. address the need of our Nation’s unin- (Mrs. BLACKBURN asked and was f sured children become a reality. given permission to address the House ECONOMIC STIMULUS f for 1 minute and to revise and extend (Mr. HERGER asked and was given her remarks.) ECONOMIC STIMULUS PACKAGE permission to address the House for 1 Mrs. BLACKBURN. Madam Speaker, (Mr. STEARNS asked and was given minute and to revise and extend his re- I think we all know that the best eco- permission to address the House for 1 marks.) nomic stimulus is a job. It is a job that minute and to revise and extend his re- Mr. HERGER. Madam Speaker, to- you can sink your teeth into, that you marks.) day’s economic debate should focus on can go to work every day and you can Mr. STEARNS. As Congress con- big picture tax policies that emphasize use this job to provide for your family. templates an economic stimulus pack- sustained prosperity for American So, as the debate ensues, let’s keep our age to aid our slowing economy, we workers and their families. focus on how policies affect the envi- also must commit ourselves to reduce A one-time, consumption-driven ronment in which job growth takes Federal spending. stimulus may be popular, but what we place. Of course we all want to see As American families tighten their really need is tax relief that will ener- lower marginal rates on our income tax budgets to weather this impending eco- gize economic growth. We need cer- rate. We want to lower cap gains. We nomic storm, Congress should match tainty for our industry which is cur- want to lower the corporate tax rate. their sacrifice. While reducing taxes is rently making tomorrow’s business We want to see full and immediate sec- important, another aspect is to control plans today based on the assumption tion 179 expensing for our small busi- the Federal deficits, the Federal spend- that taxes are going to increase dra- nesses. And for those of us that live in ing. A decrease in wasteful spending matically. States that do not have a State income

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H395 tax, we want to see deductibility of children are losing health care. This The numbers are somewhat in dis- State sales tax extended. All of these vote to override the President’s veto of pute, but we believe that under the are good things and, Madam Speaker, the Children’s Health Insurance Pro- current program, in the neighborhood, we are working for all of these. I hope gram Reauthorization Act of 2007 will I believe, of 6 million children and 600 that we also will keep in mind that ac- not only bring health care to 10 million to 700,000 adults are receiving health tions speak louder than words. So this children, it will protect children and care through SCHIP. If you’re above body should use this conversation families who may lose their jobs and no 200 percent of poverty, hopefully you about economic stimulus as an oppor- longer have health insurance. This is have insurance through your own tunity to prioritize and reduce what not lip service. This is health coverage. health insurance program or through a the Federal Government spends. Re- The bill includes mental health serv- program provided by your employer. duce the budget. Let’s spend less. And ices on a par with medical services. It There are some States that cover remember, the best economic stimulus requires dental services be afforded our children up to 250 percent of poverty, is a job. children. It protects school-based and there are some States that cover f health services and rehabilitation and them up to 300 percent of poverty. And case management services for those there are a few States that have peti- CHILDREN’S HEALTH INSURANCE with disabilities. It provides outreach tioned to cover them up to 350 percent PROGRAM REAUTHORIZATION and enrollment grants and new funding of poverty. ACT OF 2007—VETO MESSAGE for obesity program. So on the Republican side of the FROM THE PRESIDENT OF THE We know from a recent 2005 study aisle, here are the principles that we UNITED STATES that investing $1 million in State funds adhere to in this debate. If you’re a The SPEAKER pro tempore. The un- in Medicaid will generate 33 new jobs child between the ages, up to the age of finished business is the further consid- and $1.23 million in new wages in a 19 and your family income is over 100 eration of the veto message of the year. This bill strengthens that safety percent of poverty or less than 200 per- President on the bill (H.R. 3963) to net by allocating the funds that States cent of poverty, we believe you should amend title XXI of the Social Security need to protect and cover more low-in- have health care through SCHIP and Act to extend and improve the Chil- come children. we want to fund it, and we want to dren’s Health Insurance Program, and It should be noted that every com- work with the States to get as many for other purposes. plaint that the administration has set children in that category covered. The Clerk read the title of the bill. forth about this legislation has been If you’re an adult, we don’t believe The SPEAKER pro tempore. The met. The bill passed with the support you should be covered under SCHIP, so question is, Will the House, on recon- of 265 Members, including 43 of our we think that the 6 to 700,000 adults sideration, pass the bill, the objections good Republican colleagues. It passed should be transitioned off of SCHIP and of the President to the contrary not- the Senate with 64 Members, including put back on Medicaid. withstanding? 17 of our Republican colleagues. If you’re above 200 percent of pov- (For veto message, see proceedings of I urge my colleagues to vote to over- erty, we want to work with the States. the House of December 12, 2007, at page ride the President’s veto. Vote to se- We want to work with the private sec- H15382) cure health care for our children. It is tor to come up with innovative plans The SPEAKER pro tempore. The gen- right, it is decent, and it is necessary. to cover those children that perhaps tleman from Michigan (Mr. DINGELL) is Madam Speaker, I reserve the bal- aren’t covered and their family income recognized for 1 hour. ance of my time. is above 200 percent of poverty. Mr. DINGELL. Madam Speaker, for Mr. BARTON of Texas. Madam If you’re not a citizen of the United purposes of debate only, I yield 30 min- Speaker, I would ask unanimous con- States, we don’t believe you should re- utes to my good friend, the gentleman sent that the gentleman from Michigan ceive health care coverage under from Texas (Mr. BARTON). (Mr. CAMP) have 15 minutes of the time SCHIP. Madam Speaker, I yield, also, 15 min- I control to control as he sees fit. So that’s what the debate is about. utes of my time to the distinguished The SPEAKER pro tempore. Is there The Democrats want to expand the gentleman from New York, my good objection to the request of the gen- coverage. There are some of them that tleman from Texas? want to use it as a surrogate for uni- friend, Mr. RANGEL, and ask unanimous consent that he be allowed to control There was no objection. versal health care for every American Mr. BARTON of Texas. Madam that time. in this country. I don’t say that all of Speaker, I recognize myself for such The SPEAKER pro tempore. Is there my friends on the Democratic side do, time as I may consume. objection to the request of the gen- but some do. Well, here we go again. Depending on tleman from Michigan? So the Republicans’ position is, con- how you count it, this is somewhere be- There was no objection. tinue the existing program, perhaps in- tween the ninth and the 13th time that crease coverage somewhat above 200 f we have been on the floor of the House percent of poverty; cover every child in GENERAL LEAVE in this session of Congress debating the America between 100 and 200 percent; Mr. DINGELL. Madam Speaker, I ask SCHIP program. That seems a little don’t cover illegal aliens; and transi- unanimous consent that all Members ironic since it’s a program that both tion adults off of SCHIP. may have 5 legislative days in which to sides of the aisle support, and I would The law of the land, the Barton-Deal revise and extend their remarks and to support enthusiastically. bill that we passed in December, ex- include extraneous material on the I listened intently to what my good tends the basic program that I just matter under consideration. friend from Michigan, the dean of the outlined, I believe, through March of The SPEAKER pro tempore. Is there House, Mr. DINGELL just said about the 2009. objection to the request of the gen- program, and I feel compelled to point So, once again, we’re going to have a tleman from Michigan? out a few things that he failed to men- vote on the President’s veto. I predict There was no objection. tion. Number 1, every American in this we’re going to sustain that veto. And Mr. DINGELL. Madam Speaker, at country, if they’re below 100 percent of then I’m still hopeful that Mr. DINGELL this time, I yield myself 3 minutes. poverty, receives health care if they and Mr. RANGEL and Mr. STARK and Mr. Madam Speaker, stock markets wish it through a program called Med- PALLONE, who are the leaders on this around the world are plummeting. icaid. If you are above 100 percent of issue in the House, will convene their Home foreclosures are ballooning. poverty and are a child, right now a various committees, and we’ll do legis- States, without exception, are facing child is defined as an individual be- lative hearings and then put together a budget crises. Employers are cutting tween the ages of birth and 19 years bipartisan bill and mark it up in com- jobs. Gas and heating oil prices are old, between 100 and 200 percent of pov- mittee and then bring it to the floor, draining household budgets. The vote erty, you can receive health care and we can have a permanent author- of my colleagues today can stop tomor- through the SCHIP program, which is a ization of SCHIP sometime in this Con- row’s headline from saying American State-Federal partnership. gress.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H396 CONGRESSIONAL RECORD — HOUSE January 23, 2008 Madam Speaker, I reserve the bal- economy and saving money in the fu- Mr. DINGELL. Madam Speaker, at ance of my time. ture with all the restrictions, you this time I yield to the gentleman from Mr. RANGEL. Madam Speaker, I’d know, kicking illegal aliens out and Maryland (Mr. WYNN), who has been a like to ask unanimous consent that I making certain that adults don’t par- great leader of health care on this, my yield to myself 3 minutes and then be ticipate, all of those things that make distinguished friend, 2 minutes. allowed to yield the balance of that you feel good, we would go along with Mr. WYNN. Madam Speaker, I would time to Chairman STARK to control. as we have in the past. like to take a moment to thank the The SPEAKER pro tempore. Is there But let’s make certain that every chairman for his leadership on this objection to the request of the gen- child that can be treated would be issue. tleman from New York? treated, and so I support the override. I rise to urge in the strongest pos- There was no objection. Mr. CAMP of Michigan. Madam sible terms that this House of Rep- Mr. RANGEL. Madam Speaker, I Speaker, I yield myself such time as I resentatives override the President’s stand in support of overriding the may consume. veto. President’s veto, not for the reasons As Yogi Berra once said, this is like You know, it’s really sad that in the given by Chairman DINGELL, because de´ja` vu all over again. I think it is im- greatest country in the world we don’t it’s the right and moral position, be- portant to highlight that this is simply provide health insurance for the chil- cause that has existed all of the time, a political exercise, that the Congress dren of working parents. We have 4 and yet we’ve been unsuccessful. has already acted to extend the chil- million additional children that this But I would say to the gentleman dren’s health program through 2009. So bill would cover, children whose par- from Texas (Mr. BARTON) that since the instead of debating real reform on this ents work every day, who work very last time this has come up, the Presi- program, we have a political statement hard; the children of single moms who dent has admitted that we are going being made on the floor today. work every day; some, like my step- toward a recession and that the econ- I lost track at seven times we have daughter with a 3-year-old son, who go omy may be jeopardized unless the debated this issue. As the gentleman to work every day. But if there is an Congress supported a stimulus pack- from Texas said, it’s somewhere be- asthma attack or if there is a major ac- age. tween nine and 13. But it doesn’t cident, she has to either go to the It would just seem to me that if it’s change the fact that expanding SCHIP emergency room and drive the cost up recognized that our States are going to beyond its original mission of covering for all of the rest of us or decide not to go into deficit, our Governors are going low-income children is a nonstarter pay the rent on time so she can pay for to have serious problems, and that it is with the Congress. Yet the bill the the care she needs or go without nec- very possible, if not likely, that serv- President vetoed would do just that, essary care. ices for our kids would be further cut and it would allow illegal immigrants That shouldn’t happen in America, under Medicaid. It would seem to me to receive SCHIP, maintains coverage and that is what we are trying to do that a legitimate argument could be of adults in this children’s health care with this very important bill. made that, by providing care for these program and continues to erode private There is another thing that shouldn’t 11 million children, it allows their par- coverage. happen in America. In America, a ents to know that they’ll be able to be How is it that in my home State of young child shouldn’t die because he more productive knowing that their Michigan 87,000 eligible children don’t can’t get dental care. That happened in kids are covered by health insurance. have health care while 39,000 adults are my district. A simple dental infection It’s sad that the poor now have to be in the program. How is it that in Min- expanded, grew into the brain and re- used merely as a vehicle to stimulate nesota, 87 percent of the enrollees in sulted in the death of a young man. our economy. But had we taken care of this children’s program are adults? We worked on language in this bill to these people during the robust great How is it that this low-income pro- make sure that children in America of economic times, perhaps we would not gram is covering families in New York working parents could have access to be going through this struggle. and families in New Jersey making dental care. That is a very important So it appears to me that this is an- more than $70,000 a year? No wonder improvement, one that seems lost on other opportunity that the minority New York wanted to go to over $80,000. the President. would have, not just to do the moral The answer to all of these questions Every day we spend millions of dol- thing, but to do the economic thing, is clear: The majority does not want a lars. We are up to $600 billion on this and to be of some assistance to the low-income children’s plan. They want war, this black hole of a war. Mean- Governors who are screaming out for what HILLARY CLINTON called for in while, we tell Americans who go to the continuation of this program, in- 1994, the first step toward nationalized, work every day we can’t provide you deed, the expansion of it. government-run, government-con- with health insurance. That doesn’t And we’re not talking about just trolled health care. make any sense, not in the country adults being restricted, but we talk We should not be diluting this chil- that we regard as the greatest country about adults being in a better chance dren’s program, and we should not be in the world. to be productive knowing that their diverting money away from these low- So today, Madam Speaker, I urge all kids are being taken care of. So we do income kids. of my colleagues to really think about have this new opportunity for the mi- I am proud to have introduced the what this means. Don’t think about the nority to rethink their position and to Kids First Act, a bill that would return politics. Think about the parents, but do it, again, because it’s the economic this program to its root in insuring more importantly, think about the thing to do and to know that being low-income children. It covers an addi- children who need health insurance able to detect serious illnesses, sight tional 1.3 million American children, now. problems, hearing problems for our does not raise taxes and is fully funded. Mr. BARTON of Texas. Madam children at an early age, that we really That is the kind of legislation we Speaker, I yield 2 minutes to the gen- are strengthening the economy so we should be debating instead of con- tleman from Denton, Texas (Mr. BUR- don’t have to pay for these health set- tinuing this stalemate time and time GESS), a member of the committee. backs and sometimes detection of again that uses children’s health as a Mr. BURGESS. Madam Speaker, I chronic diseases at a later stage. political pawn. thank the gentleman from Texas for I urge my colleagues to vote against yielding. b 1100 this veto override. Now that we have You’ve got to wonder why we’re here So instead of talking compassion, extended the children’s health pro- today. It almost seems like another which obviously is not a compelling ar- gram, I hope that we can truly reach a episode of that Bill Murray movie gument on the other side, let’s talk compromise on this important issue ‘‘Groundhog Day’’ where people went economically and ask the question of and ensure that low-income American through the same thing over and over economists, whether or not expanding children have health care coverage. again. preventative care for our children in Madam Speaker, I reserve the bal- When this last session of Congress health care is really strengthening the ance of my time. ended in the middle of the night the

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H397 end of December, I think we all had Once again, we are being forced by the under the Democrats’ bill will either already seasonal affective disorders. We went Democratic leadership of the House to cast a have private health insurance or they live in home, but there was a new year and a vote that will serve the sole purpose of helping families with incomes too high to be eligible new day was dawning and a genuine Democrats score political points against the for SCHIP coverage today. sense of bipartisanship that we were President. In fact, the Congressional Budget Office going to work together to have things Do we need to reauthorize the SCHIP pro- projects that H.R. 3963 will lead to over 1.2 done. gram? No, we already reauthorized through million new enrollees being added to SCHIP So what’s the first thing we consider? March of 2009. as a result of an ‘‘expansion of SCHIP and A consideration of the veto override of Do we need to increase funding for the Medicaid eligibility to new populations.’’ This the SCHIP bill which we voted on again SCHIP program? No, the non-partisan Con- means that these 1.2 million children live in and again and again. Is this the spirit gressional Budget Office has already said that families whose incomes are too high to qualify of bipartisanship that we can expect S. 2499 that was signed into law on Decem- for the current SCHIP program. On the other out of the Democratic leadership, as we ber 29, 2007, has already fully funded the hand, CBO projects that only 800,000 cur- try to craft legislation to help stave off SCHIP program through March of 2009. rently SCHIP eligible kids will be enrolled as a what seems to be a serious downturn in Then why are we here, Madam Speaker? result of H.R. 3963. This means that 50 per- the economy? Well, the only reason I can think of for this cent more higher-income kids will be enrolled Once again, here we are on the floor vote is the fact that the President is going to than currently SCHIP eligible kids. of the House being forced by the Demo- be delivering the State of the Union Address And who will be paying for this expansion of cratic leadership to cast a vote that next Monday, and the Democrats have de- SCHIP eligibility to higher-income families? will serve the sole purpose of helping cided that they need a little more political the- Well, according to the Congressional Re- one side of the aisle score political ater in order to influence the press coverage search Service, the vast majority of the $70 points against the President. Do we of the President’s address. billion in additional tobacco tax revenues will need to reauthorize this program? No. Well, Madam Speaker, we’re going to sus- come from low-income families. In fact, the We already did that. The CBO said we tain the President’s veto today, and we’re Congressional Research Service said that to- did it, and we funded it through March going to do it because the President did the bacco taxes are ‘‘the most regressive of the of 2009. right thing by vetoing this poorly written expan- federal taxes.’’ Then why are we here? The only rea- sion of Washington-controlled, bureaucrat run So, with H.R. 3963, the Democrats really son I can think of is the fact that next healthcare that leaves the poorest kids behind. are taxing the poor in order to give to the rich. week we are going to hear from the And anybody who cares about needy children In their defense, I guess it is difficult for the President on the State of the Union can vote against this bad bill proudly. Democratic leadership to know exactly what is I’m both proud and concerned that Repub- Address, and after that, the Democrats in their own bill since it has neither been sub- licans had no part in writing this legislation. have decided that maybe a little more ject to a single legislative hearing nor Proud because this bill is an embarrassment. political theater is in order to influ- conferenced by the House and the Senate. Concerned because we’re all supposed to be Unfortunately, we don’t know when the ence the press coverage of the Presi- legislating on behalf of children, and as every- Democrats are going to stop playing politics dent’s address. body knows, no Republican member of this with the health of low-income children and So that’s why we’re here, not to do House was even asked for an opinion, much begin the process of working with Republicans the people’s work, to influence the less invited to participate in writing the Demo- in a bipartisan manner to produce a long-term press after the President’s State of the cratic SCHIP bill. reauthorization of the SCHIP program. I hope Union Address. I don’t even think the Democrats who wrote This bill was a flawed bill when it that time comes soon, and when it does, I it understand what they’ve done. I challenge stand ready to work with them. As it stands came to our committee. My chairman the supporters of this bill to look people in the now, I urge all Members to reject this cynical referenced the 43 Republicans, but no eye and say that they understand all of the ploy and vote no. Republican helped craft this legisla- provisions that are actually in this bill. Be- Mr. STARK. Madam Speaker, I yield tion. We were not allowed to work on cause I have some questions for you about myself 2 minutes. this bill in subcommittee. Our com- some very troubling provisions in this bill. I’d like to take this time just to urge mittee process was a sham. This bill Madam Speaker, it would be a compliment my colleagues to vote to override was written in the dark of night in the to say that the so-called process which pro- President Bush’s veto on what is, in my Speaker’s office, and no Republican duced this bill is an abuse of our democratic way of looking at it, bipartisan SCHIP participated. I dare say that no one on system of government. Yet, I’m sure that legislation. your side really understood what was some will show up here with a handful of talk- We had 43 Republicans in the House in that bill, and we get it back again ing points from your Democratic staffers who who voted with us, and 17 Republicans and again and again, and at the same actually constructed this legislation, and you in the other body voting with us, many time the American people are won- will explain to us that it is not an abomination of whom participated in the crafting of dering when we are going to do the at all, but a wondrous triumph of bipartisan- this compromise. It is not exactly what work that they sent us here to do. ship. the distinguished ranking member Madam Speaker, one of my favorite movies Give me the name of one Republican in the from Texas asked. It takes people is a delightful comedy called Groundhog Day. entire House of Representatives who directly below 300 percent of poverty, below 50- In this movie, Bill Murray plays a local tele- participated in these discussions. Name just odd thousand bucks for a family of vision weatherman who gets trapped in a one. three. The adults will be out in a year, strange little town while covering a news story I know that the authors of this bill certainly not tomorrow. It makes an effort to re- about a locally famous groundhog. But instead did not consult with either Mr. BARTON or my- duce crowding out, and only citizens of being able to return to his home and get to self; I know that they have not included any and legal residents are eligible, and the other business that he needs to attend to, members of the Republican leadership in the there are some means by which States Bill Murray’s character is forced to repeat the House; and I’m not aware of a single Repub- can enforce that. same day over and over and over again. No lican member of the Energy and Commerce Children don’t choose to be born into matter what he says or what he does, every Committee or the Ways and Means Com- families, unlike those of us in Con- day he wakes up just to relive the same day mittee being invited to participate in this proc- gress, who lack health insurance, and over again. ess. we should be able to give the children And, Madam Speaker, after being involved And although we were excluded from the the health care they need to become in the SCHIP debate this Congress, I know negotiations and the Democratic leadership healthy, productive members of soci- that most of my colleagues on this side of the has repeatedly refused to hold a legislative ety. aisle are now able to relate to this movie in a hearing on this bill, we have learned a few It becomes more urgent now that very personal way. It doesn’t matter what we facts from the official projections produced by we’re in a recession, perhaps in free- seem to say or what seems to happen with the Congressional Budget Office, and from fall, and we should provide this safety this issue—for some reason the Democratic what I’ve read, this bill isn’t something that I net for families. It probably is the most leadership will bring us down here to the floor could ever support. urgent concern of a parent. of the House to have the same debate and to For example, we know that the vast majority We’re going to soon address a bipar- vote on the same bill time after time after time. of the people added to the SCHIP program tisan economic stimulus package, and

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H398 CONGRESSIONAL RECORD — HOUSE January 23, 2008 it seems to me that if we could come I am just amazed at what’s going on ergy and Commerce Committee, Con- together on that and deal with tax here on the Republican side of the aisle gresswoman BLACKBURN of Nashville, credits or tax relief and additional food because I know how difficult it’s going Tennessee. stamps or additional unemployment to be to get the votes to override the Mrs. BLACKBURN. Madam Speaker, insurance that somehow I don’t follow President’s veto. I am rising today to urge a ‘‘no’’ vote the logic that would say that we Last year at this time, we had all the on the SCHIP veto override. shouldn’t deal with young children. State health officers coming here, You know, it seems like we have Furthermore, I’m advised today by many of them from Republican States, done this over and over and over again. my 6-year-old son, who I must admit you know, where the Governor was Re- But to my colleagues across the aisle, started out at about a hundred, so I publican, demanding the fact that we the time to have started this discus- kept him out of school, this was not needed to provide more money for sion was this time last year. And if planned otherwise, and he said, Dad, if SCHIP in order to expand coverage be- they were so concerned about chil- we don’t pass this health insurance cause they did haven’t the funds. They dren’s access to health care, the timely they may fire all the Republicans, and were taking kids off the rolls, and so manner would have been last year to I’d hate to see that. we responded. start this debate, not the end of the With that, I reserve the balance of We put together this bill to try to in- year. my time. crease the number of kids to 10 million Now, as we have heard in the discus- Mr. CAMP of Michigan. Madam at a cost and paid for it with what I sion here today, this issue is decided. Speaker, I yield 2 minutes to the gen- consider a very reasonable way to go This body passed S. 2499, that’s Senate tleman from Iowa (Mr. KING). about funding the program. bill 2499, which very closely mirrors Mr. KING of Iowa. Madam Speaker, I Now, a year later, we’re still hearing the Barton-Deal bill that the ranking thank the gentleman from Michigan Republicans on the other side saying, member mentioned earlier today, and for yielding, and I appreciate the privi- well, we don’t need this; it’s not nec- it came very close to extending the lege to address this House. program with its original intent. This is a cynical attempt here to essary. And the situation is only get- Now, how many times in this body do bring up a veto override attempt on an ting worse. The economy’s on a down- we hear programs have strayed from issue that’s been decided, an issue turn. I’m hearing more and more every their original intent, they’re not what that’s been decided and a bill that’s day from my Governors, my Governor they started out? And that is how we been signed by the President, is now and Governors on both sides of the went about making certain that this enacted into law, to get us past the aisle, about what the economic down- program was put in place through silly season of Presidential politics and turn is going to mean that more people on beyond November of 2008 so we can are unemployed. They need Medicaid, March 2009, getting through the Presi- then have a legitimate discussion they need SCHIP, because they’re not dential debate so we didn’t have to about what, if any, better options going to have health insurance for come back to the floor and talk about might be available to the American their kids. So the demand is even this. But instead, the majority wants people. This is a big deal. This is al- greater. to keep their focus on H.R. 3963. ready a victory for the taxpayers, and Whatever problem existed last year Now, in that bill what you would find it’s a victory for the kids that we’re that we were trying to address with is it will increase the number of adults trying to take care of. this legislation, and it was dire, is on SCHIP, which is the State Chil- I say it this way. I said I would come going to be aggravated even more over dren’s Health Insurance Plan. Why do back and report to the American peo- the next few months and the next year. we need to be putting adults on SCHIP? It would also allow illegal immigrants ple on how much money was saved be- b 1115 cause some of us held the line, and that to fraudulently enroll in SCHIP. Why dollar figure is $35.6 billion. That’s bil- So, I do not understand those who ob- should illegal immigrants be getting lion with a B. How much money is ject to this legislation. taxpayer-funded health care? And it that? The ranking member of Energy In addition to that, the administra- would create a flawed tobacco tax and Commerce might want to know. tion issued this directive in August, scheme to the tune of $70 billion. We could build 178 ethanol plants at 100 August 17, that makes it even more dif- Madam Speaker, let’s vote to sustain million gallons each and quadruple our ficult to enroll kids and for States to the veto. Let’s vote ‘‘no’’ on this veto ethanol production with that kind of have flexibility. In that directive, the override. It is disheartening that the capital investment money. You could President actually says you have to be Democrats cannot put aside their par- put a new car in every driveway in my off health insurance for a year before tisan agenda for children. State for that kind of money, but no you can apply and get on the SCHIP Mr. STARK. Madam Speaker, at this kid was even threatened to lose their program. So, here we have the Repub- time, I would like to yield 2 minutes to health insurance premium, and we lican administration making it more the distinguished gentleman from took care of the kids. We’re taking difficult for States to cover children as Maryland (Mr. VAN HOLLEN), who un- care of the taxpayers. at the same time that the need be- derstands that this bill would allow $35.6 billion is what’s on the line comes greater every day. 65,000 Maryland children to gain cov- here. And who’s paying the bill? Not It is an absolute disgrace, in my erage under SCHIP. us, not those of us in my generation, opinion, that this bill was vetoed. It Mr. VAN HOLLEN. I thank my col- not those of us who are serving here in should pass today because of the need. league. the United States Congress. Maybe our And I call upon the administration to Madam Speaker, it wasn’t that long kids, more certainly our grandchildren stop this negative effort to continue to ago, in fact, it was September 2004, will have to pay this price if we don’t make it more difficult for kids to get that President Bush told the Nation, step up and draw a bright line. $35.6 bil- coverage. and I quote, ‘‘We will lead an aggres- lion, $6.5 billion going to illegals get- Mr. BARTON of Texas. Madam sive effort to enroll millions of poor ting access to Medicaid because of the Speaker, may I inquire as to the children who are eligible but not signed language that’s in this legislation that amount of time that remains on all up for the government’s health insur- erodes the standards that are required. sides, please. ance programs. We will not allow a This is a responsible thing to uphold The SPEAKER pro tempore. The gen- lack of attention or information to the President’s veto and turn down this tleman from Texas has 9 minutes re- stand between these children and the veto override attempt. maining. The gentleman from Michi- health care they need.’’ That’s what Mr. DINGELL. Madam Speaker, at gan has 9 minutes remaining. The gen- the President said just a little over 3 this time, I yield to the distinguished tleman from California has 10 minutes years ago. He has, with his veto, gentleman from New Jersey (Mr. remaining. And the gentleman from changed his mind. He has turned his PALLONE), the chairman of the Health Michigan has 101⁄2 minutes remaining. back on what he said to America just 3 Subcommittee, 2 minutes. Mr. BARTON of Texas. Madam years ago. Mr. PALLONE. Madam Speaker, I Speaker, I want to yield 2 minutes to But what hasn’t changed since he’s thank the chairman. the distinguished member of the En- changed his mind are the needs of a

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H399 million American children; in fact, the cussions were productive at times and about 10 million children being covered needs have only grown greater over the less productive at other times. But de- by SCHIP, 2 million of those will be in last 3 years. We see rising gas prices; spite our disagreements and the bumps a crowd-out, currently having private we see rising grocery prices; we see ris- in the road, we persisted and continued insurance but being then forced or ing prices of going to college; and, yes, to meet because we believe that this is given the enticement, because it is a we see rising prices for health care. In one of the most important issues that government program, to move to a gov- fact, many more people are not going this Congress will address. While I be- ernment-run health care program rath- to be able to afford health care for lieve we were making progress, we ran er than the private insurance that they their kids today than before as people out of time. However, the extension currently have. fight a tightening economic squeeze in provided by Congress in December The fact does not change that the bill the months ahead. gives us another opportunity to do the does not have stable funding. While it We are trying to work together on an right thing. dramatically increases the funding for economic stimulus package. We It’s the majority prerogative to de- the first 5 years, it then falls off a cliff, worked together on a bipartisan basis termine when bills come to the floor, and the funding is cut by two-thirds. when this legislation passed the House but if Democrats are serious about re- The fact remains that this bill fails and the Senate. It is time for us to authorizing SCHIP, let’s sit down and to prioritize poor children. It would re- work together for the children of this finish what we started last fall and peal the current requirement from country and make sure they get the write a bill that both sides can agree CMS that 95 percent of children below health care they need at this very im- to. Partisan posturing is not going to 200 percent of poverty be covered before portant time. provide relief to the working families you move up the poverty scale. It re- You know, the American people are and health coverage for kids. peals that and gives no priority to poor hungry for a change in direction. Mr. DINGELL. Madam Speaker, at children. They’re hungry for politicians who fol- this time, I yield 1 minute to the dis- It does not cap the income eligi- low through and do what they said tinguished gentlewoman from New bility. While some proponents say that it caps it at 300 percent of poverty, they were going to do, and this is Hampshire (Ms. SHEA-PORTER). something the President told the Na- Ms. SHEA-PORTER. Madam Speak- States could still enroll children and tion he wanted to do. Now that we need er, I listened to a colleague on the op- families above that, using what is it more than ever and more families posite side of the aisle say, ‘‘Why are known as ‘‘income disregards.’’ And in- and more children are struggling than we here?’’ and I realized they don’t stead of focusing on children, which it is a children’s program, childless ever before, we need to come together really know why we’re here. We’re here adults could continue to remain in the and fulfill the commitment that was for the children. SCHIP program under this bill through made. And then they said, ‘‘You’ve been Madam Speaker, it’s time to say back eight or nine times.’’ That’s September 30 of 2009. And parents who ‘‘no’’ to the President’s veto. This bill right. And we will be back always and are adults could also stay on until Sep- tember 30 of 2012 in what is supposed to is paid for by increase in tobacco taxes. forever until we provide health care for be a children’s insurance program. Let’s make sure we don’t spend our working families in America. It provides excess, unnecessary fund- We want to protect 10 million chil- time looking out for the tobacco com- ing. It does not give States the incen- dren and provide health care insurance. panies. Let’s look out for the children tive to do as they currently are re- They want to protect 6 million. It’s as of America. Let’s say ‘‘no’’ to the quired to do to continue to maintain simple as that. What happens to the President’s veto and ‘‘yes’’ to this bill. their participation. Mr. CAMP of Michigan. Madam other 4 million? And in New Hamp- You know, Democrats contend that Speaker, I yield 2 minutes to the gen- shire, we would have enrolled 8,000 we should put more money into SCHIP tlewoman from Illinois (Mrs. BIGGERT). more children. What happens to the because of leaner times. It would seem Mrs. BIGGERT. I thank the gen- children in New Hampshire and the to me that in leaner times we should tleman for yielding. children of America? Parents will not give the priority to the children in the Madam Speaker, this is starting to lie awake at night wondering do they poor families, and this bill does not do feel like Ground Hog Day, the same de- now raid the rent budget or the food that. bate over and over. By my count, this budget. Is the child sick enough now to Ronald Reagan is quoted as saying, is the eighth time that we have de- go to the hospital because they don’t in talking about welfare, ‘‘We should bated SCHIP legislation on the House have health care insurance? measure welfare success by how many floor in the 110th Congress. Considering Who wanted families in America to people leave welfare, not by how many that the most recent debate was on the make this choice? Not the majority of are added.’’ I would suggest the same legislation to extend the program the House, not the majority of the Sen- criteria could be used in SCHIP legisla- through March of 2009, it is hard for me ate, not the majority of the Governors, tion. to understand why the majority finds not even the health care industry. But With that, I would urge a ‘‘no’’ vote it necessary to hold this vote. This is the President vetoed this essential bill, on the veto override. time and, more importantly, goodwill and I’m asking my colleagues on both Mr. STARK. Madam Speaker, I am that could be better spent discussing sides of the aisle to join us in an over- happy to recognize the distinguished legislation that both Republicans and ride so that the children of America gentleman from Wisconsin, Dr. KAGEN, Democrats could support. get health care. for 1 minute, who recognizes that 37,800 House Republicans have stated re- Mr. BARTON of Texas. Madam children in Wisconsin could gain health peatedly the principles that we believe Speaker, I yield 3 minutes to the dis- insurance and not have 161,000 prohib- necessary to secure our votes on the tinguished ranking member of the ited, as they would in Georgia, if we legislation to reauthorize SCHIP. Health Subcommittee of the Energy don’t override this veto. Those basic principles include covering and Commerce Committee, Congress- Mr. KAGEN. Madam Speaker, this is low-income children first, SCHIP for man DEAL of Georgia. not a political exercise nor is it a Hol- kids only, SCHIP should not force chil- Mr. DEAL of Georgia. I thank the lywood movie, but we can give this a dren out of private health insurance, gentleman for yielding. happy ending with a ‘‘yes’’ vote today SCHIP for U.S. citizens only, and the I’m beginning to think the writers’ to override the President’s veto of an funding should be stable and equitable. strike in Hollywood has migrated to essential bill to guarantee health care As many of my colleagues know, I Washington, DC. It sounds like we’re to those children who need it most in have been part of a group of Members having reruns, and, in fact, we are; America. from both sides of the aisle and from same speeches. But the truth of the Forty-seven million citizens have no both Chambers who met for months matter is the facts themselves have not health care coverage at all, zero. And late last year to find common ground changed. the costs for care are simply out of on SCHIP legislation. For my col- The bill that is being considered for reach for everyone. People cannot af- leagues who took part in these meet- an override of the President’s veto, the ford to pay their doctor bills, their pre- ings, you know very well that the dis- fact remains that if we are talking scription drugs. They can’t afford their

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H400 CONGRESSIONAL RECORD — HOUSE January 23, 2008 hospital tests, and they can’t even af- The reason we are doing it today is I agree with many of the speakers ford to pay for life-saving cancer thera- for political reasons in anticipation of today here that SCHIP should be ex- pies. And why? It’s simple. They just embarrassing the President prior to tended for more low-income children don’t have the money. And what kind the State of the Union Address next who don’t have health insurance. But of Nation are we when children who are week. It’s pure and simple politics. Re- the measure before us today does not most in need are not being seen in a ject this vote. target taxpayer funds to those low-in- doctor’s office and instead have to go Mr. DINGELL. Madam Speaker, at come children. Instead, it sends bil- to the more expensive emergency this time I have the privilege to yield lions to illegal immigrants, childless room? 2 minutes to the distinguished major- adults, and spends too much on middle- We need a uniquely American solu- ity whip, the gentleman from South and upper-income families, not the tion to this crisis, and we need it now Carolina (Mr. CLYBURN). low-income children originally in- because patients cannot hold their Mr. CLYBURN. I thank the gen- tended. breath any longer. Everywhere in the tleman for yielding me this time. When we stand here and we try to country people are asking, ‘‘Whose side Madam Speaker, I rise today in sup- override the President’s veto of bill are you on, and why can’t Congress port of H.R. 3963, the State Children’s when we all know that the SCHIP pro- work together?’’ Well, let’s work to- Health Insurance Program. gram has been continued, it’s no won- gether today, this day, and reverse Madam Speaker, hardworking Amer- der that the American public has such President Bush’s veto. ican families are struggling and in dire disregard for Congress. I urge my colleagues to vote ‘‘yes’’ need of assistance. I can think of no Mr. STARK. Madam Speaker, I am on the override. Let’s bring an end to better way to help them than by pro- delighted to yield 1 minute to the dis- this national disgrace. This is for our viding health insurance coverage for tinguished Speaker of the House. children on whose future we all depend. their precious young ones. I find it Ms. PELOSI. I thank the gentleman Mr. CAMP of Michigan. I yield 2 min- shameful and downright neglectful for for yielding and thank him for his lead- utes to the distinguished gentleman President Bush and congressional Re- ership on behalf of insuring America’s from Georgia, Dr. GINGREY. publicans to turn their backs on hard- children and also commend the distin- guished chairman of the Energy and b 1130 working American families by refusing to support this reauthorization bill. Commerce Committee, Mr. DINGELL, Mr. GINGREY. I thank the gen- for his leadership on this important tleman for yielding. As we speak, the Governor of South Carolina is proposing to cut the Chil- subject. Madam Speaker, we hear from the Madam Speaker, I want to acknowl- dren’s Health Insurance Program in other side that we are here eight, 10, 12 edge your exceptional presiding over spite of the fact that last year the leg- times for the children. And certainly this debate. You have presided over islature overrode his veto of similar we are. On both sides of the aisle, we most of the debate for SCHIP, if not legislation. He wants to deny health are here for the children. But we are all. I think you are approaching, de- care coverage to an additional 70,000 here for the needy children. And that’s pending on what happens in the course low- and middle-income children in what we did a month ago when enact- of this debate, 100 hours of presiding in order to cut the State’s income tax on ing in almost unanimous fashion Sen- a very dignified fashion, and I want to a few of South Carolina’s wealthiest ate bill 2499, which expands this SCHIP acknowledge that because of the im- families. program for 18 months and not only ex- portance of this issue. Thank you, We all know, Madam Speaker, that pands it but increases the spending al- Madam Speaker. most 20 percent, some 800 million addi- when children are uninsured minor All year we have been talking about tional dollars to cover, yes, these chil- health problems can become serious the subject of how we make America dren that President Bush said he was and chronic health problems. Those healthier, how we bring many more determined to cover. children often end up in emergency children who are eligible to be enrolled But what the Democratic majority rooms, and that means that State resi- in the State Children’s Health Insur- wants to do is increase this program by dents with insurance ultimately will ance Program. We’ve had the debates. 140 percent, cover an additional 4 mil- pay in higher medical costs, higher We’ve had the outside advocacy of the lion children on top of the 6 million deductibles, and higher co-pays for March of Dimes, of Easter Seals, of the that are already covered. And as my their own care. This contributes to a AMA, of the AARP, of Families USA, colleague Representative DEAL of Geor- less efficient, more expensive health the YWCA, of the Catholic Hospital As- gia pointed out, of those 4 million, 2 care system for all. sociation. Almost any organization million would be children who are al- I implore my colleagues to do as my that you can name that has anything ready covered by private health insur- State’s legislators have done in a bi- to do with the health of the American ance. partisan way and override this veto. In people has endorsed the legislation One of my other colleagues on the doing so, you are taking a stand for our that we have before us. That is impor- other side of the aisle stood up and said children and the preservation of our tant to the children, to their families, shouldn’t we provide health insurance public health systems. to their communities, to the economic for the children of hardworking Ameri- Mr. BARTON of Texas. Madam stability of their States which have to cans? Well, no, not if they’re making Speaker, I want to yield 1 minute to provide health insurance for these chil- $75,000 a year. the gentlewoman from Florida, Con- dren. We are going to come back to this gresswoman GINNY BROWN-WAITE. In the last few days, we have all been floor in the next week or two with a Ms. GINNY BROWN-WAITE of Flor- working together in a bipartisan way $150 billion economic stimulus package ida. I thank the gentleman for yield- to come up with a stimulus package. to get us out of a recession. We need ing. The recognition that we need a stim- the money for that. So we don’t want Madam Speaker, I rise today to ulus package points to the need further to be squandering money to provide speak as one of the original members of for this SCHIP legislation to become health insurance for those who could the group of Republican House Mem- law. Let’s make our working in a bi- afford to do it for themselves. I think bers who tried very hard to come up partisan way on the stimulus package the program that we have enacted in a with a bipartisan compromise to ex- a model for how we approach other bipartisan way said it all, and if we tend health care insurance to more issues as well. wanted to have this override of the low- and moderate-income children. This SCHIP package has had strong President’s veto of this bloated pro- Our group met many times with Demo- bipartisan support from the start, in gram that the Democrats proffered, in- crat leaders in both the House and the the House and in the Senate. In fact, creasing the spending by $35 billion Senate with the basic goal to give the Senate has a veto-proof majority. just so you can cover 4 million addi- health insurance to more low- and Senator HATCH and Senator GRASSLEY tional children, half of whom do not moderate-income children, without have been major architects of this leg- need that government help, then we breaking the bank and also without islation, two very distinguished Repub- should have had that override vote a giving coverage to illegal immigrants lican leaders in the United States Sen- month ago. or childless adults. ate.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H401 The issue comes down to what is hap- Madam Speaker, at this time I yield Madam Speaker, as the chair of the Con- pening in America’s households today. 2 minutes to the gentleman from Geor- gressional Children’s Caucus, I rise to an- Unemployment is up; housing starts gia, Dr. PRICE. nounce that I will proudly cast my vote in sup- are down. The price of gasoline and (Mr. PRICE of Georgia asked and was port of overriding the Presidential veto of H.R. food and health care is up; the stock given permission to revise and extend 3963, the ‘‘Children’s Health Insurance Pro- market is down. So the indicators, his remarks.) gram (CHIP) Reauthorization Act of 2007.’’ I some that are felt very closely and in- Mr. PRICE of Georgia. I appreciate rise in strong support of this legislation be- timately by America’s families and the gentleman’s leadership and his cause I am listening, and responding to the some that are felt by our economy, all yielding time. will of the American people. Last November point to the need for us to take a new Regrettably, Madam Speaker, the 2006, Americans went to polls by the millions direction. And that new direction says New Year didn’t bring any new ideas or united in their resolve to vote for change. They what can we do that is fiscally sound, new strategy on the part of our major- voted for a new direction and a change in the that meets the needs of the children, ity here. Less than 1 week into this Bush administration’s disastrous neglect of the that has bipartisan support, and, again, new session, it remains all politics all real needs of the American people, particularly strengthens our country by improving the time. And you don’t have to believe children who lack health insurance through no the health of our people? me. Just listen to their chairman, who fault of their own. The new Democratic major- One of the things that we can do is, was quoted in the New York Times on ity heard them and responded by passing H.R. again, take the lead, and many chil- September 17 of last year: ‘‘If the 976, ‘‘State Children’s Health Insurance Pro- dren who have come here to advocate President vetoes this bill, it’s a polit- gram (SCHIP) Reauthorization Act of 2007.’’ on behalf of all children in our country, ical victory for us.’’ So all politics all The President vetoed the bill, basing his deci- whether it was through the March of the time. sion on the absurd and laughable claim that Dimes or Easter Seals or any other or- As has been stated by others, we the program was thinly disguised ‘‘socialized ganizations, and that is to vote to solved this issue for the time being, the medicine’’ and that it was too costly to provide override the President’s veto. Let’s re- next 18 months, in a bipartisan manner health insurance for America’s needy children. move all doubt in anyone’s mind that last year, 411–3. And don’t believe me if The President’s senseless veto of the this Congress of the United States un- you don’t want to. Believe the Atlanta SCHIP bill suggests that this administration is derstands our responsibility to chil- Journal-Constitution, no great friend operating under the misimpression that it is dren, understands our responsibility to of our side of the aisle, which says, entitled to a continuation of the ancien re´gime the future. We’ve had the debate. We ‘‘Thanks to the infusion of Federal dol- under which the Republican-led Congress look know the facts. We know the figures. lars, Georgia’s embattled health insur- askance and gave the President a blank It’s just a decision that people have to ance program for working class chil- check to mismanage the affairs of our Nation. make about what is inside of them dren is safe for another year and even Following the President’s first veto, the bill about what their priorities are. And I has room to grow if the economy de- was revised to meet a number of concerns hope the message that would lead this clines. The program called PeachCare, raised by the President including ensuring Congress is the message that we care which was disrupted and debated last lower-income children are enrolled first and about children and we care enough year by State officials, Congress, and ensuring benefits are denied to illegal immi- about them that we will vote to over- the President, will have enough fund- grants. While the bill again passed the House ride this veto. ing to cover the 254,820 children now by a bipartisan vote of 265 to 142, moving to I thank the gentlemen again for their enrolled and to grow by up to 40,000 the Senate where it passed by a veto-proof 64 leadership. children. ‘I’m just relieved,’ said the to 30, the President again vetoed the bill and, Mr. CAMP of Michigan. Madam State Health Department Commis- in so doing, denied health care to millions of Speaker, I yield myself such time as I sioner Dr. Rhonda Medows. ‘This will deserving American children. may consume. ensure these children are taken care No matter how many veto threats the Presi- of.’ I think it’s important to note that dent issues, this Congress is not going to give ‘‘Relief echoed Monday through the this bill allows States to document him a blank check to escalate and continue Georgia health care advocacy commu- citizenship, and the Social Security the war in Iraq or to ignore the pressing do- nity, which fought throughout the last Administrator has said that changing mestic needs of the American people. It is year to save the program known as the law will make it easier for illegal long past time for change in Iraq and in the di- SCHIP. ‘The advocacy community can immigrants to get SCHIP funds as well rection of the United States. Just as the peo- do nothing but rejoice.’’’ And these as other taxpayer-funded benefits. ple and Government of Iraq must accept re- comments have been voiced all around sponsibility for their own country, the people’s And despite this being a program for the Nation. representatives in Congress must take the low-income children, under this bill Last Thursday the Congressional Re- lead in addressing the real problems of real three-quarters of a million adults will search Service issued a statement to Americans living in the real world. still be on the program in 2012. Under Georgia officials that said that the H.R. 3963 is a necessary step in the right this bill more than 1.6 million children State will receive $325 million for the direction because it provides dependable and will lose their private coverage. 2008 Federal budget, which runs stable funding for children’s health insurance And let’s talk about the funding. The through October of this year, and that under Titles XXI and XIX of the Social Secu- majority has created a funding cliff funding level is expected to continue rity Act in order to enroll all 6 million uninsured that dramatically increases Federal through March of 2009. children who are eligible for coverage today, funding to enroll new children for the So this isn’t about policy. This isn’t but not enrolled. That is why I strongly support next 5 years; then cuts funding for the about policy. It’s all about politics, this legislation. bill by 80 percent. This will force future self-admitted on the other side. Madam Speaker, next to the Iraq war, there Congresses to make a very difficult Vote ‘‘no.’’ is no more important issue facing the Con- choice: to dramatically increase fund- Mr. DINGELL. Madam Speaker, at gress, the President, and the American people ing or let American children lose their this time I yield for the purpose of than the availability of affordable health care health coverage. making a unanimous consent request for all Americans, especially children. This bi- The other problem with this bill is to the distinguished gentlewoman from partisan SCHIP bill is supported by an as- that it is estimated that the bill, be- Texas (Ms. JACKSON-LEE). tounding 81 percent of the American people cause it relies on tobacco taxes for (Ms. JACKSON-LEE of Texas asked and the majority of Congress. funding, would require more than 22 and was given permission to revise and By vetoing the bipartisan SCHIP Authoriza- million new smokers. Now, if there is extend her remarks.) tion Act, the President vetoed the will of the any consistent policy the government Ms. JACKSON-LEE of Texas. Madam American people. By vetoing that legislation, has had administration to administra- Speaker, I rise vigorously to oppose the the President turned a deaf ear and a blind tion it’s the discouragement of smok- President’s veto because of the 1 mil- eye to the loud message sent by the American ing. Yet this bill relies on a false fund- lion children in Texas and the City of people last November. ing mechanism that would require 22 Houston that will be left out in the I voted to override the President’s veto be- million new smokers. cold without health care. cause I can think of few goals more important

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H402 CONGRESSIONAL RECORD — HOUSE January 23, 2008 than ensuring that our children have access to pate in this important program. To this end, again shows it is playing politics rath- health coverage. I voted to override the Presi- Texas Governor Rick Perry signed legislation er than embracing an opportunity to dent’s veto because I put the needs of Amer- in June which, among other things, creates a fix a system that is in need of repair. ica’s children first. community outreach campaign for SCHIP. The reason we are here is over 10 years TEXAS CHILDREN In addition to reauthorizing and improving ago this House and Senate and the I am extremely pleased to know that the the SCHIP program, this legislation also pro- President at that time signed the bill. children in the State of Texas stand to benefit tects and improves Medicare. Due to a broken The issue was we need to cover the tremendously from the SCHIP Reauthorization payment formula, access to medical services children first. Instead of signing this Act. Texas has the highest rate of uninsured for senior citizens and people with disabilities piece of legislation into law, President children in the Nation, and Harris County the is currently in jeopardy. Physicians who pro- Bush twice vetoed a bill to provide in- highest in the State. The bill goes a long way vide healthcare to Medicare beneficiaries face surance coverage to 10 million low-in- to provide coverage for the 585,500 children a 10 percent cut in their reimbursement rates come American children of working enrolled in Texas’s CHIP program; and to next year, with the prospect of further reduc- parents. reach the 998,000 children in families with in- tions in years to come looming on the horizon. The administration’s reason for this comes under the 200 percent Federal Poverty The budget proposed by the Bush administra- veto just doesn’t stand up. No Federal Level, FPL, who remain uninsured. tion does not help these doctors, or the pa- funding will be spent on undocumented Madam Speaker, this important legislation tients that they serve. immigrants in this bill. If they are, commits $50 billion to reauthorize and improve This revised bipartisan legislation addresses they are on the State’s, the State of the Children’s Health Insurance Program, the concerns raised by President Bush’s first Texas or whoever else, to pay for it if CHIP, and cover the 6 million children who veto. These revisions include ensuring that they allow illegal immigrants on the meet its eligibility criteria. only children in families with gross incomes CHIP plan. In 1 year, childless adults Madam Speaker, SCHIP was created in below $51,500 for a family of three will receive are taken off the SCHIP program, even 1997, with broad bipartisan support, to ad- SCHIP coverage, consequently addressing the though this administration issued dress the critical issue of the large numbers of President’s concern that upper-income chil- waivers to allow them to be on it. Only children in our country without access to dren do not receive coverage. Furthermore, lowest income children are covered, healthcare. It serves the children of working this revised legislation will require that lowest with a prohibition on coverage for over families who earn too much money to qualify income children are served first by requiring 300 percent of poverty, and still the for Medicaid, but who either are not able to af- States to enroll the lowest income first in order President vetoed it. ford health insurance or whose parents hold to receive bonus payments. This bill will also We continue to spend billions of dol- jobs without healthcare benefits. phase out the coverage of childless adults in lars a month in Iraq, and we can’t even Children without health insurance often SCHIP over 1 year, as opposed to the 2-year cover the lowest income children. En- forgo crucial preventative treatment. They can- coverage phase out in the original bill. And fi- ergy costs are up. Everything is up. not go to the doctor for annual checkups or to nally, this bill ensures that only citizens and Our economy is weakening, and the receive treatment for relatively minor illnesses, legal immigrants receive coverage by pro- number of unemployed and uninsured allowing easily treatable ailments to become viding that if the Social Security Administration in this country are rising. Let’s at serious medical emergencies. They must in- is unable to confirm the citizenship of the ap- least cover the children with health stead rely on costly emergency care. This has plicant, the applicant will be required to pro- care. Let’s vote to override this mis- serious health implications for these children, vide the State with additional documentation to guided veto. and it creates additional financial burdens on confirm eligibility. If passing the Senate with a Mr. BARTON of Texas. Madam their families, communities, and the entire Na- veto-proof margin was not enough to stop Speaker, I have no other speakers tion. President Bush from once again vetoing other than myself, so I am going to re- This year alone, 6 million children are re- SCHIP, then the alleviation of all his problems serve the time until we are prepared to ceiving healthcare as a result of CHIP. How- and issues with the previous version should close. ever, stopgap funding for this visionary pro- ensure that this bipartisan revision of the legis- The SPEAKER pro tempore. The gram expires November 16. Congress must lation stands. Chair will recognize for closing speech- This is extremely important legislation pro- act now to ensure that these millions of chil- es in reverse order of opening speeches, viding for the health coverage of 6 million low- dren can continue to receive quality, afford- beginning with Mr. CAMP from Michi- income children, as well as protecting the able health insurance. gan, Mr. STARK from California, Mr. health services available to senior citizens and As chair of the Congressional Children’s BARTON from Texas and Mr. DINGELL persons with disabilities. President Bush was Caucus, I can think of few goals more impor- from Michigan. wrong to veto this legislation. I stand strong tant than ensuring that our children have ac- Mr. STARK. Madam Speaker, at this with the children of America in voting to reau- cess to health coverage. It costs us less than time, I am delighted to yield 1 minute thorize this program. I urge all members to $3.50 a day to cover a child through CHIP. to the distinguished leader of the join so that we pass the bill with a veto-proof For this small sum, we can ensure that a child House, Mr. HOYER from Maryland. majority. Mr. HOYER. I thank the distin- from a working family can receive crucial pre- Mr. DINGELL. Madam Speaker, I guished chairman of the subcommittee ventative care, allowing them to be more suc- yield 2 minutes to the distinguished for yielding. I thank Mr. DINGELL for cessful in school and in life. Without this pro- gentleman from Texas (Mr. GENE his indefatigable advocacy on behalf of gram, millions of children will lose health cov- GREEN), a member of the committee. erage, further straining our already tenuous children and on behalf of the health of healthcare safety net. b 1145 all Americans. I thank my Republican Additionally, through this legislation, we Mr. GENE GREEN of Texas. Madam colleagues, as well, for a large number have an opportunity to make health care even Speaker, I thank our Chair of the com- of them supported this legislation more available to America’s children. The ma- mittee for allowing me to speak. Sit- when it passed the House. jority of uninsured children are currently eligi- ting here, waiting in line and listening, In fact, over 60 percent of this House ble for coverage, either through CHIP or I am amazed at the rhetoric I hear. We voted for this legislation. Over 66 per- through Medicaid. We must demonstrate our had Members from our minority side cent of the Senate voted for this legis- commitment to identifying and enrolling these talk about we have to worry about sav- lation. We are just a percentage point children, through both increased funding and a ing for the stimulus next week, and we short of overriding the President’s campaign of concerted outreach. This legisla- want to vote for that. But it is amazing veto. We are not going to override that tion provides States with the tools and incen- they want to save money from the veto today. That is unfortunate. It is tives they need to reach these unenrolled chil- SCHIP program to pay for a stimulus, not unfortunate for me. It is not unfor- dren without expanding the program to make and at the same time they don’t worry tunate for the 434 of us who have a more children eligible. about paying for the billions of dollars health insurance program, and we have In my home State of Texas, as of June a month that we are spending in Iraq. the most accessible health care perhaps 2006, SCHIP was benefiting 293,000 children. It is amazing how frugal they are when of any American. But it is very unfor- This is a decline of over 33,000 children from they want to be. tunate for those parents who woke up the previous year. We must continue to work Madam Speaker, the President’s veto this morning and prayed that their to ensure that all eligible children can partici- of the children’s health care bill once children didn’t get sick and prayed

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H403 that they didn’t get sick because they And indeed, two of the senior Mem- Unemployment is now at a 2-year high, don’t have health insurance, and they bers, including the former chairman, and personal debts are at an all-time are not sure that without health insur- Republican chairman of the Finance high. ance they will have access. They will Committee, now the ranking member More and more families are being have access perhaps if their child gets of the Finance Committee, and Senator squeezed financially, making it harder very sick, gets very badly injured, be- HATCH, one of the senior Members of for them to afford basic health cov- cause then they will take them to the the United States Senate, both con- erage. The SCHIP bill we are consid- emergency room and the emergency servative Republicans, urged this ering today affects 10 million children room will see them. President to sign this bill. Why? Be- living in families that work hard and There is not one of us, not a person in cause the facts that you are hearing on play by the rules but can’t afford this Chamber, who would want their this side of the aisle are wrong, Mr. health care for their kids. children, their grandchildren, or in my President. That’s what Senator HATCH We in Congress continue to work in a case, my great-granddaughter, in that and Senator GRASSLEY said. Actually, bipartisan manner to stimulate the predicament. Not one of us. The gen- they didn’t say the facts on this side of economy and help American families tleman from Georgia who previously the aisle that are being cited, but the threatened by this recession. I can spoke talked about politics, and Mr. facts that the President was saying think of no better way than to vote BARTON I think has mentioned, I was the reason for his veto, said they today to override the President’s haven’t heard all of the debate, but were wrong. SCHIP veto. Failure to do this will lead mentioned this was about politics. So, yes, we have another oppor- to an increase in the number of chil- Well, I would agree; it is about politics. tunity. And I want to tell my friends dren living in America without health Everything we do on this floor is about on the other side of the aisle, as the care. politics, not necessarily partisan poli- majority leader who schedules business Mr. BARTON of Texas. Madam tics, but about public policy and the for this floor, this won’t be your last Speaker, I continue to reserve. I am politics to achieve public policy and opportunity this year to address this the closing speaker. the philosophy underlying the achieve- issue. Is that politics? Maybe. And if it Mr. STARK. Madam Speaker, I am ment of that policy. is bad politics, the people will not sup- delighted to yield 3 minutes to the gen- You’ve heard me quote it before. You port it. But you and I both know that tleman from Illinois (Mr. EMANUEL). are probably tired of hearing me quote nigh onto 70 percent of the American Mr. EMANUEL. Madam Speaker, I it. But I am going to quote it again. public believes this bill ought to be thank my colleague from California. The President of the United States was passed, notwithstanding the veto of the Two weeks ago, President Bush came seeking reelection in 2004. In the sum- President of the United States. Why to my district to highlight Horace mer, late summer of 2004, he stood on did they think that? Because they Greeley School. It is a Blue Ribbon the floor of the Republican Convention know that their neighbors, maybe School and is recognized for Leave No and said to all America, ‘‘If I am re- themselves, are challenged by their Child Behind for its accomplishment in elected in a new term, we will lead an children not being covered. They are teaching children and raising their aggressive effort to enroll millions of working. They are trying to make it. standards. children who are eligible but not signed But as the economy tanks, hopefully I went to that event with the Presi- up for government health insurance we can stem that fall. They’re worried. dent, because as he said, making sure programs. We will not allow a lack of Yes, this is about politics with a you had qualified teachers in that attention or information to stand be- small ‘‘p,’’ about making public policy school was important. I would also like tween these children and the health that helps our Americans who are to say that you need qualified nurse care they need.’’ working hard to make America a great technicians. While you want to test He was reelected. And in 2005, there country and expect their government kids for math, we believe you also was no aggressive effort to enroll mil- to hear their cries for help. must test them for measles. While you lions of children who are eligible but We spent some 24 meetings trying to must worry about the principal, we not signed up for government health address some of the questions that Ms. also want to worry about the pediatri- insurance. And the Republicans were in GINNY BROWN-WAITE raised. Mr. BAR- cian. And you must have a comprehen- charge of this House and of this Sen- TON was in a couple of those meetings. sive approach to those children, from ate. There was no aggressive effort We didn’t get there. We regret that we their pediatrician to the principal, here, either. And in 2006, when the didn’t get there. Frankly, I want to tell from testing for measles to testing for same leadership maintained, there was you that I have talked to some of the math and from a teacher to a techni- no aggressive effort to add millions of people in that room who wanted to get cian. children consistent with the Presi- there and were disappointed that we One-third of the children at Horace dent’s promise of 2004. didn’t get there. You’ve talked to Greeley, slightly more, are children en- But when we were elected and when them, too, Mr. BARTON, on your side of rolled in SCHIP. Now, those children we took over the leadership of this the aisle. do well because we raised their stand- House and when Mr. DINGELL took over We have an opportunity to stand up ards. They also do well because they leadership of the Energy and Com- for the 4 million additional children have good health care, and we did right merce Committee, Mr. RANGEL took who will be helped by this legislation if by them. Their parents work. Predomi- over as chairman of the Ways and we override the President’s veto. Let’s nately, 50 percent of the school are His- Means Committee, and Mr. STARK took give those children the health care panics. The rest is mixed. About a over the chairmanship of the Health they need, they want, and a great Na- quarter are Caucasian. Subcommittee, lo and behold, we pur- tion ought to ensure. The President of the United States sued the President’s objective. Now, Mr. CAMP of Michigan. At this time, picked a school in the inner city of Chi- that may be political. But it was cer- I reserve my time. I have no further cago, because of the about 200 schools tainly the politics promoted by the speakers and will reserve my time for across the country that are Blue Rib- President. It was the objective that the closing statements. bon Schools, those kids met the stand- President said was an important one. It Mr. DINGELL. Madam Speaker, at ards. Their teachers met the standards. was a promise he made to America’s this time, I yield 1 minute to the dis- But we did it in a comprehensive fash- children and America’s families. And tinguished gentleman from Pennsyl- ion. We made sure that they had quali- so we passed a bill through this House vania (Mr. ALTMIRE). fied teachers. We are making sure that with 45 Republicans, 43 on this par- Mr. ALTMIRE. Madam Speaker, we they have qualified technicians. We ticular bill, and in the Senate, two- are increasingly concerned about the made sure they have a qualified prin- thirds of the Senate, 18 Republican downturn in our economy. The declin- cipal. They also must have a qualified United States Senators, almost half of ing stock market, weak dollar, high pediatrician. And that is what made the Senate delegation on the Repub- gas prices and home heating costs, and those kids and our future brighter. lican side of the aisle voted for this stagnant wages have caused financial I was proud that the President came bill. insecurity for families across America. to my district and recognized a school

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H404 CONGRESSIONAL RECORD — HOUSE January 23, 2008 in a tough area doing right by kids. tough, like they are now. So they children to lose private coverage, and, And the question is, will this floor do should join us, and I hope they do, be- not only that, has unstable funding by right by those children? And I am not cause together we could and should assuming that 22 million new smokers sure. No, we won’t have the votes to override this misguided veto by the are going to be found over the next few override the President’s veto. And I President, and help America’s working years. told him then, ‘‘You want to reauthor- families and their children weather I would urge my colleagues to vote ize No Child Left Behind because it this economic downturn and get health against this veto override, and let’s get raised the standard. We want to also care to the children of America. to work on going through the regular reauthorize the SCHIP program.’’ Health care should not be optional. It process of having a hearing, bringing Last November, the American people should be something we are sure that forward witnesses and fashioning a said they want a change in Washington every American child has access to. compromise that not just has House to set the right priorities, and one of Now is the moment when Republicans and Senate support, but under our sys- those things was to work together on the other side of the aisle can stand tem of government, before a bill be- across party lines. We did that here. up for working families, for children in comes law, it has House, Senate and Unfortunately, one thing didn’t this country, and make sure that 10 presidential support. So let’s work to- change, and that is enough Republicans million, an additional 4 million chil- gether in the coming year and start off that want to rubber-stamp policies dren, get health care coverage under this year differently than last year, that I believe are misdirected. Invest- CHIP. which, unfortunately, this was sup- ing in 10 million children for the cost The SPEAKER pro tempore. The gen- posed to be the easy issue we were all of 41 days in the war in Iraq will give tleman from Michigan has 3 minutes going to be able to come together on. those children more than just a blue remaining. But I think a lack of process and really ribbon; it will give them a chance at Mr. CAMP of Michigan. I reserve my a bill that is flawed in many ways, as the future. time and am prepared to close. the debate here has shown today, The SPEAKER pro tempore. The gen- b 1200 makes it impossible to support. tleman from Michigan has 3 minutes So I urge my colleagues to vote Mr. CAMP of Michigan. Madam remaining. against the veto override. Speaker, I reserve the balance of my Mr. DINGELL. Madam Speaker, at Madam Speaker, I yield back the bal- time. this time I have no further requests for ance of my time. Mr. DINGELL. Madam Speaker, I re- time and I am prepared to close if my Mr. BARTON of Texas. Madam serve the balance of my time. good friends and colleagues here on the Speaker, I yield myself the balance of Mr. BARTON of Texas. Madam other side have that wish. my time. Speaker, I continue to be the last The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The gen- speaker, and will reserve until we are tleman from California has 30 seconds tleman is recognized for 3 minutes. prepared to close. remaining. Mr. BARTON of Texas. Madam Mr. STARK. Madam Speaker, I am Mr. STARK. Madam Speaker, I would Speaker, I want to thank you for the delighted to yield 2 minutes to the dis- be glad to yield the balance of my time very dignified way in which you have tinguished gentlewoman from Pennsyl- to the gentleman from Michigan. overseen this debate, not just today vania (Ms. SCHWARTZ). The SPEAKER pro tempore. Without but in all the previous SCHIP debates. Ms. SCHWARTZ. Madam Speaker, objection, the gentleman from Michi- You are truly a credit to the institu- today we will again attempt an over- gan (Mr. DINGELL) will be recognized tion, and I appreciate your courtesy. ride of the President’s veto of the CHIP for an additional 30 seconds. Madam Speaker, constitutionally, reauthorization bill. There was no objection. when the President vetoes a piece of Over the last 6 months, while Presi- Mr. CAMP of Michigan. Madam legislation, to override that veto either dent Bush and his Republican allies on Speaker, I yield myself the balance of the House or the Senate has to muster the other side of the aisle have dog- my time. more than two-thirds of its Members gedly refused to take action to extend The SPEAKER pro tempore. The gen- that are present and voting. the Children’s Health Insurance Pro- tleman is recognized for 3 minutes. Now, I am not sure that it is a re- gram, a public-private venture that Mr. CAMP of Michigan. Thank you, quirement that you bring a veto vote helps middle and low-income families Madam Speaker. up or whether it is just a courtesy, but be able to buy private health insur- This Congress has already passed an in any event, the majority postponed ance, to an additional eligible 4 million 18-month extension of the Children’s the veto override vote from back before children in this country, during that Health Insurance Program to March of Christmas until today. If one wants to time the demand by America’s working 2009, and in that bipartisan extension be cynical, you could say that veto families for accessible health coverage an additional $800 million was provided postponement was done for political has only increased. to States to make sure that they could reasons, since the President is giving Amid this economic downturn, with continue to provide health insurance to the State of the Union next week. In skyrocketing energy costs, a record those already enrolled. any event, here we are again, and I will number of mortgage foreclosures, fewer We have debated this many, many predict, and the majority leader when new jobs, the rate of unemployment times on the floor, this flawed pro- he spoke acknowledged this, that the has jumped dramatically in the last posal. This so-called compromise bill votes won’t be there to override the year, adding an additional 900,000 did not have one hearing. I have great President’s veto. Americans who are jobless. Two-thirds respect for this House as an institu- So we will continue to operate under of unemployed individuals lose their tion, and part of that respect is the the extension, the Barton-Deal bill health care coverage for their families regular order of bringing bills to sub- that two-thirds of the Republican Con- when they lose their jobs. So it is committee, having hearings and giving ference are cosponsors of, that this times like these when CHIP is needed people an opportunity to be heard on House and the Senate passed right most for their children. According to them so the public is aware of what is back before Christmas, and that the the Joint Economic Committee, as happening. This bill didn’t have one President signed. That bill, as Mr. many as 1 million additional children hearing. It was given to the minority CAMP has pointed out, increases fund- will likely become eligible for sub- the night before the vote. ing by almost $1 billion, or approxi- sidized health coverage like CHIP as a I think that kind of partisanship and mately 20 percent, and extends the pro- direct result of this economic down- politics, combined with the over- gram through March of next year. So turn and increased unemployment. reaching included in this compromise, there is no child currently on SCHIP Now is not the time to turn our back it doesn’t address the problem of that is going to lose coverage, regard- on America’s children. It is time for illegals receiving SCHIP funds, it less of the vote today. my colleagues on the other side of the doesn’t address the issue of adults in Now, I do want to compliment my aisle to join us in supporting America’s the program and focusing the program good friend Mr. PALLONE, if he is on the working families when times get on children, it causes almost 2 million floor, I don’t see him, but have just

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H405 been told that, lo and behold, we are tical in terms of all of the conditions of Ms. ESHOO. Madam Speaker, today is the going to have a legislative hearing next eligibility of the 6 million who were second time we are voting to override the week on SCHIP. In his subcommittee, covered under the original law and who President’s veto of legislation which provides the Health Subcommittee, there is have been covered up to this time. We health care to more low-income, uninsured going to be for the first time in this have added to them 4 million children children under the State Children’s Health In- Congress a hearing on SCHIP. So that who are identical in every particular to surance Program (SCHIP). tells me that there is an outside those 6 million. Last year, 64 percent of the House voted for chance, and maybe better than an out- What is wrong with that? How is any- this legislation—just a handful of votes short of side chance, that sometime in the next one here going to be able to justify to the two-thirds majority needed to override. In 2 to 3 months, if Mr. DINGELL agrees his or her conscience denying 4 million the Senate, there is a sufficient ‘‘super major- and Mr. STARK agrees and Mr. RANGEL kids who are fully eligible but do not ity’’ to pass this bill. agrees, we may actually do what we confront a situation where the Federal With the economy either in recession or on should have done 13 months ago, which Government puts the money and the the threshold of one, the arguments for this bill is begin to craft a bipartisan com- eligibility in place so that they can be are even greater than they were when we promise on how to permanently reau- covered? I ask my colleagues, how can voted for it last year. thorize, or at least reauthorize SCHIP you then accept this veto? How can you Unemployment is edging up. With more for more than 15 months, and perhaps deny these kids, whose need is as great Americans out of work there will be an in- modify the program, and then expand as the 6 million now covered, and deny crease in the number of uninsured. For every it to cover some children that are cur- that 4 million? It is impossible for me point that unemployment rises, 1.2 million to rently not covered. So there is always to understand that. 1.5 million Americans lose their health insur- hope. There are a plethora of other mis- ance. But while that is yet to materialize, representations about this bill coming This legislation increases to 10 million the the vote before us today is to sustain out of the administration, and they ap- number of children covered under SCHIP and the President’s veto. I hope we do that, pear, unfortunately, in a veto message it addresses almost every major concern that and then we can begin to work next from the President of the United has been raised about the bill. week, hopefully on a bipartisan basis, States. The bill prohibits States from The bill covers only American citizens (not to craft a compromise that the Presi- receiving Federal funding if they ex- undocumented individuals). dent will sign, and then we will have a empt portions of income that go to The bill will cover only children, not adults. The bill focuses on covering low-income signing ceremony either in the Oval Of- families with incomes over $51,510. kids and it caps eligibility to families earning fice or the Rose Garden sometime this That is the ceiling, and those are fami- less than $51,500. year. But, today, vote to sustain the lies who have real need. The bill makes certain that coverage under President’s veto. Let us meet that need. The number SCHIP will not substitute for coverage by em- Mr. DINGELL. Madam Speaker, I of kids who are going to be eligible and have need for health care is growing as ployer-provided and private health insurance. yield myself the balance of my time. The bill is fully paid for with an increase in The SPEAKER pro tempore. The gen- this recession which threatens gets the tobacco tax. This step not only balances tleman from Michigan is recognized for nearer and becomes a worse and more the books, it saves lives and improves the 31⁄2 minutes. threatening reality. health of young people. Public health experts Mr. DINGELL. Madam Speaker, I I urge my colleagues, vote to over- (including a panel of the Institute of Medicine) have great affection and respect for my ride the veto. Vote for the kids. Vote agree that raising tobacco taxes is an effective good friend the ranking member of the to override the veto. way to reduce smoking, especially among chil- committee, but some of the things he Mr. LEVIN. Madam Speaker, the question of dren, and it’s unfortunate that this provision is has just said would tend to indicate the whether the Federal Government is finally strongly opposed by the tobacco industry and lack of understanding that there is in going to do more to provide health coverage the President. this place about this legislation. to children who need it is not going to go With economic uncertainty facing millions of The committee has had three hear- away. This is not an issue of partisan politics. Americans at this time, I hope we will finally ings on SCHIP. We have another hear- It’s not a complicated issue either. It’s simply provide families with more security by over- ing coming up next week. The subject a matter of doing what’s right. riding the President’s veto and enacting this will at that time be oversight, to find I believe that no American child should be without access to decent health care. This is bill. out how the matters are being con- Mr. BACA. Madam Speaker, I rise in sup- especially true given the worsening economic ducted. port of overriding the President’s veto of the There have been a lot of misrepresen- conditions that are battering Michigan and SCHIP bill, H.R. 3963. tation, mostly by the administration. every other State. Rising unemployment re- In the face of job loss and a foreclosure cri- For example, the administration says sults in more American families losing their sis I rise again to fight for SCHIP. There are in its veto message the bill covers ille- health insurance. Not only do workers find that more families going hungry in my district each gal immigrants. Not so. health coverage is increasingly beyond their day, and the number of uninsured children is It says that children whose parents reach, the problem extends to children. skyrocketing out of control. can afford private health insurance are A new study by the Joint Economic Com- As a parent and grandparent, I understand included in the legislation. Not so. The mittee underscores the fact that between the despair we all feel when a child falls ceiling on these kinds of children is 700,000 and 1.1 million additional children will asleep crying in your arms and all you can do $51,510 a year. enroll in Medicaid and State Children’s Health is reassure them. It also says that families with in- Insurance Programs each year due to slowing I ask President Bush, how will you answer comes of $75,000 a year are eligible. Not employment growth. The projections show that the pleas of help from these parents? true. more than 35,000 additional children in Michi- Parents are struggling. Local newspapers in It says that childless adults are cov- gan alone will need help. But State budgets my District report a 6.2 percent unemployment ered. All of these will be removed by have been hard hit by the economic downturn. rate, which is much higher than the national the end of this year under the legisla- They don’t have the resources to provide average of 5.0 percent. tion, and it should be noted that those health care coverage to millions of kids that al- This loss of jobs translates to fewer parents who are now eligible under this provi- ready need it, let alone all the new children covered by employment-based health insur- sion are done so under waivers which who will need help due to the economic down- ance, which means more uninsured children. have been granted by this administra- turn. This week we celebrated the legacy of Mar- tion. That’s why it’s vital that Congress vote to tin Luther King, Jr. Let us remember him as Regrettably, we have here then ei- override the President’s veto of the Children’s we fight today to protect our nation’s most vul- ther misunderstanding or just plain Health Insurance Program bill. By doing so, nerable citizens, our children! hard-heartedness and dishonesty on the we can extend health care coverage to nearly I urge my colleagues to join me in rescuing part of the administration with regard 4 million children who are currently uninsured. health care for our children, and support this to what this legislation does. Let’s not let America’s children become cas- veto override. What we have taken care of in this ualties of the economic downturn. Vote to Mr. BARTON. Madam Speaker, here we are legislation is children who are iden- override the President’s veto. again. For the ninth time, we are here on the

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H406 CONGRESSIONAL RECORD — HOUSE January 23, 2008 floor of the House to vote on some form of and brave, and which will force Democrats to The SPEAKER pro tempore. Evi- consideration of the latest version of the value the health of poor children instead of dently a quorum is not present. Democratic leadership’s SCHIP and Medicaid using them as props. The Sergeant at Arms will notify ab- expansion bill. And if you count the votes on Mr. CONYERS. Madam Speaker, I rise to sent Members. the Rules Committee resolutions for consider- voice my strong support for overriding the The vote was taken by electronic de- ation of these bills, we will be debating this President’s veto of the revised bipartisan vice, and there were—yeas 217, nays issue for the 13th time this morning. SCHIP, State Children’s Health Insurance Pro- 195, not voting 18, as follows: And while the Democratic leadership has gram, bill—H.R. 3963. [Roll No. 21] Overriding this veto will provide healthcare tried a dozen times to stuff their ideology YEAS—217 coverage for 10 million children of working down our throats on the floor of the House, Abercrombie Grijalva Neal (MA) the same Democratic leadership still hasn’t families. This bill will preserve coverage for all Ackerman Gutierrez Oberstar held one single legislative hearing or com- 6.6 million children currently covered by Allen Hall (NY) Obey pleted one single legislative markup in the En- SCHIP and extend coverage to 3.8 million Altmire Hare Olver Andrews Harman ergy and Commerce Committee, the com- children who are currently uninsured, including Ortiz 80,900 in my home State of Michigan, accord- Arcuri Hastings (FL) Pallone mittee with jurisdiction over the SCHIP pro- Baca Herseth Sandlin Pascrell gram. ing to the nonpartisan Congressional Budget Baldwin Higgins Pastor In December, the Democrats held their sec- Office. Barrow Hill Payne Bean Hinchey ond debate on a motion to postpone consider- In this weakening economy, more and more Perlmutter American parents are having difficulty finding Becerra Hirono Peterson (MN) ation of the President’s veto. Since that vote, Berkley Hodes Pomeroy Congress and the President have passed leg- affordable health insurance for their children. It Berry Holden Price (NC) is estimated that in Michigan, 35,600 addi- Bishop (GA) Holt Rangel islation that fully funds the SCHIP program Bishop (NY) Honda tional children will need SCHIP or Medicaid in Reyes through March of 2009. Blumenauer Hooley Richardson each year of this economic downturn. Funding Boren Hoyer It was my hope that once we passed the Rodriguez the enrollment of children eligible for the Boswell Inslee SCHIP extension legislation that we could Ross Boucher Israel come together and begin a true legislative SCHIP program is more critical than ever. Rothman The bipartisan SCHIP bill is supported by 81 Boyd (FL) Jackson (IL) process that could yield results. We’ve heard Boyda (KS) Jackson-Lee Roybal-Allard Ruppersberger all this talk lately from the Democratic leaders percent of the American people; 64 Senators, Brady (PA) (TX) including 17 Republicans; 43 Governors, in- Braley (IA) Jefferson Ryan (OH) about bipartisanship, but all we actually get is cluding 16 Republicans; and more than 270 Brown, Corrine Johnson (GA) Salazar empty words and authoritarian process. Sa´ nchez, Linda organizations, including the AARP, AMA, Butterfield Johnson, E. B. Then why are we here again today, Madam Capps Jones (OH) T. Catholic Health Association, and Families Capuano Kagen Sarbanes Speaker? Well, the only reason I can think of Schakowsky for this vote is the fact that the President is USA. Cardoza Kanjorski House Democrats continue to stand strong Carnahan Kaptur Schiff going to be delivering the State of the Union Schwartz to ensure health coverage for all of America’s Carney Kennedy Address next Monday, and the Democrats Castor Kildee Scott (GA) children, while those on the other side of the Scott (VA) have decided that they need more political Chandler Kilpatrick aisle persist in standing between millions of Clarke Kind Serrano theater in order to influence the press cov- children and the health care they need. House Clay Klein (FL) Sestak erage of the President’s address. Cleaver Kucinich Shea-Porter Republicans should put our children first and I thought that the reason we passed the ex- Clyburn Lampson Shuler override the President’s misguided veto. Cohen Langevin Sires tension legislation was to give us another 15 Mr. WILSON of Ohio. Madam Speaker, I Conyers Larsen (WA) Skelton months to have a thoughtful bipartisan discus- fully support the reauthorization of the State Cooper Larson (CT) Slaughter sion on how to best craft a long-term reauthor- Costa Lee Smith (WA) Children’s Health Insurance Program, SCHIP. ization of the SCHIP program. I thought we Courtney Levin Snyder This legislation will ensure that 10 million chil- Cramer Lewis (GA) were going to have legislative hearings where Space dren receive the vital healthcare coverage Crowley Lipinski Spratt we could bring in policy experts to help us Cuellar Loebsack Stark they need and deserve. Cummings Lofgren, Zoe craft the best possible bill for the needy, low- Currently, more than 218,000 children in Stupak income children in this country. Davis (AL) Lowey Sutton Ohio receive care through SCHIP, and the bi- Davis (CA) Lynch I listened to the debate on the floor. If we Tanner partisan plan vetoed by the President would Davis, Lincoln Mahoney (FL) Tauscher could write a bill based on what Members DeFazio Maloney (NY) Taylor have extended care to an additional 122,000 DeGette Markey think the bill does, we may not be far off from uninsured children throughout the State. Thompson (CA) Delahunt Matheson Thompson (MS) compromise. One member said during the DeLauro Matsui The President’s veto on December 12th de- Tierney previous debate that this bill does not provide Dicks McCarthy (NY) nied health care to children of hardworking Towns Dingell McCollum (MN) benefits for those above 200 percent of pov- Tsongas families across Ohio just as the state’s unem- Doggett McDermott erty, which is $42,000 a year. If that is what Udall (CO) ployment rate reached 6 percent. With our Donnelly McGovern Udall (NM) Members support, then a compromise can be economy experiencing a downturn, families Doyle McIntyre had. I have heard Members say that this bill Edwards McNerney Van Hollen are struggling to put food on the table, heat Vela´ zquez takes adults off this Children’s health insur- Ellison McNulty their homes and pay for ever increasing Ellsworth Meek (FL) Visclosky ance program. If that is what Member’s be- healthcare costs, making reauthorization of Emanuel Meeks (NY) Walz (MN) lieve the bill should do, then there is room for SCHIP more important than ever. Engel Melancon Wasserman compromise. Eshoo Michaud Schultz I am saddened by this failed veto override, Waters I’ve heard Members say that they do not Etheridge Miller (NC) but will continue to fight for children’s health Farr Miller, George Watson want people in the country illegally getting care. I look forward to working with my col- Fattah Mitchell Watt benefits. If there is agreement on that, there is leagues in Congress to strengthen SCHIP and Filner Mollohan Waxman room for compromise. I have also heard em- Frank (MA) Moore (KS) Weiner improve health care for children in Ohio and Giffords Moore (WI) Welch (VT) phatic pleas that this bill is needed to ensure across the Nation. Gillibrand Moran (VA) Wexler that poor children receive health care. I agree Mr. DINGELL. Madam Speaker, I Gonzalez Murphy (CT) Woolsey with that sentiment also, and we have pro- yield back the balance of my time, and Gordon Murphy, Patrick Wu posals to ensure that States cover poor chil- Green, Al Murtha Wynn I move the previous question. Green, Gene Nadler Yarmuth dren first. The SPEAKER pro tempore. The Unfortunately, the legislation does not match question is on ordering the previous NAYS—195 the rhetoric. It is my sincere hope that Demo- question. Aderholt Bishop (UT) Brown-Waite, crats will eventually stop playing politics with The question was taken; and the Akin Blackburn Ginny Alexander Blunt Buchanan the health of low-income children and begin to Speaker pro tempore announced that Bachmann Boehner Burgess actually work in a bipartisan manner to help the ayes appeared to have it. Bachus Bonner Burton (IN) them. I hope that time comes soon, and when Mr. BARTON of Texas. Madam Barrett (SC) Bono Mack Buyer it does, I stand ready to work with the Demo- Speaker, I object to the vote on the Bartlett (MD) Boozman Calvert Barton (TX) Boustany Camp (MI) crats in a bipartisan manner. As it stands now, ground that a quorum is not present Biggert Brady (TX) Campbell (CA) I urge all Members to reject this cynical ploy and make the point of order that a Bilbray Broun (GA) Cannon and vote to sustain a veto that is both wise quorum is not present. Bilirakis Brown (SC) Cantor

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H407 Capito Inglis (SC) Price (GA) The vote was taken by electronic de- Bartlett (MD) Frelinghuysen Myrick Carter Issa Pryce (OH) vice, and there were—yeas 260, nays Barton (TX) Gallegly Neugebauer Castle Johnson (IL) Putnam Biggert Garrett (NJ) Nunes Chabot Johnson, Sam Radanovich 152, not voting 19, as follows: Bilbray Gingrey Paul Coble Jones (NC) Ramstad [Roll No. 22] Bilirakis Gohmert Pearce Cole (OK) Jordan Regula Bishop (UT) Goode Pence Conaway Keller Rehberg YEAS—260 Blackburn Goodlatte Peterson (PA) Crenshaw King (IA) Reichert Blunt Granger Abercrombie Hall (NY) Pallone Pickering Cubin King (NY) Renzi Boehner Graves Ackerman Hare Pascrell Pitts Culberson Kingston Reynolds Bonner Hall (TX) Allen Harman Pastor Poe Davis (KY) Kirk Rogers (AL) Boozman Hastings (WA) Altmire Hastings (FL) Payne Price (GA) Davis, David Kline (MN) Rogers (KY) Boustany Hayes Andrews Herseth Sandlin Pelosi Putnam Davis, Tom Knollenberg Rogers (MI) Brady (TX) Heller Arcuri Higgins Perlmutter Radanovich Deal (GA) Kuhl (NY) Rohrabacher Broun (GA) Hensarling Baca Hill Peterson (MN) Reynolds Dent Lamborn Ros-Lehtinen Brown (SC) Herger Baldwin Hinchey Petri Diaz-Balart, L. Latham Roskam Brown-Waite, Hoekstra Rogers (AL) Barrow Hirono Platts Diaz-Balart, M. LaTourette Royce Ginny Hulshof Rogers (KY) Bean Hobson Pomeroy Doolittle Latta Ryan (WI) Burgess Hunter Rogers (MI) Becerra Hodes Porter Drake Lewis (CA) Sali Burton (IN) Inglis (SC) Rohrabacher Berkley Holden Price (NC) Dreier Lewis (KY) Saxton Buyer Issa Ros-Lehtinen Berry Holt Pryce (OH) Duncan Linder Schmidt Calvert Johnson (IL) Roskam Bishop (GA) Honda Ramstad Ehlers LoBiondo Sensenbrenner Camp (MI) Johnson, Sam Royce Bishop (NY) Hooley Rangel Emerson Lungren, Daniel Sessions Campbell (CA) Jones (NC) Ryan (WI) Blumenauer Hoyer Regula English (PA) E. Shadegg Cannon Jordan Sali Bono Mack Inslee Rehberg Everett Mack Shays Cantor Keller Saxton Boren Israel Reichert Fallin Manzullo Shimkus Carter King (IA) Schmidt Boswell Jackson (IL) Renzi Feeney Marchant Shuster Chabot Kingston Boucher Jackson-Lee Reyes Sensenbrenner Ferguson Marshall Simpson Coble Kline (MN) Boyd (FL) (TX) Richardson Sessions Flake McCarthy (CA) Smith (NE) Cole (OK) Knollenberg Boyda (KS) Jefferson Rodriguez Shadegg Forbes McCaul (TX) Smith (NJ) Conaway Kuhl (NY) Brady (PA) Johnson (GA) Ross Shimkus Fortenberry McCotter Smith (TX) Crenshaw Lamborn Braley (IA) Johnson, E. B. Rothman Shuster Fossella McCrery Souder Cubin Latta Brown, Corrine Jones (OH) Roybal-Allard Smith (NE) Foxx McHenry Stearns Culberson Lewis (CA) Buchanan Kagen Ruppersberger Smith (TX) Franks (AZ) McHugh Sullivan Davis (KY) Lewis (KY) Butterfield Kanjorski Ryan (OH) Souder Frelinghuysen McKeon Tancredo Davis, David Linder Capito Kaptur Salazar Stearns Gallegly McMorris Terry Deal (GA) Lungren, Daniel Capps Kennedy Sa´ nchez, Linda Sullivan Garrett (NJ) Rodgers Thornberry Diaz-Balart, L. E. Capuano Kildee T. Tancredo Gerlach Mica Tiahrt Diaz-Balart, M. Mack Cardoza Kilpatrick Sarbanes Terry Gilchrest Miller (FL) Tiberi Doolittle Manzullo Carnahan Kind Schakowsky Gingrey Miller (MI) Turner Drake Marchant Thornberry Carney King (NY) Schiff Gohmert Murphy, Tim Upton Dreier Marshall Tiahrt Castle Kirk Schwartz Goode Musgrave Walberg Duncan McCarthy (CA) Walberg Castor Klein (FL) Scott (GA) Goodlatte Myrick Walden (OR) Ehlers McCaul (TX) Walden (OR) Chandler Kucinich Scott (VA) Granger Neugebauer Walsh (NY) Fallin McCotter Wamp Clarke Lampson Serrano Graves Nunes Wamp Feeney McCrery Weldon (FL) Clay Langevin Sestak Hall (TX) Paul Weldon (FL) Flake McHenry Weller Cleaver Larsen (WA) Shays Hastings (WA) Pearce Weller Forbes McKeon Westmoreland Clyburn Larson (CT) Shea-Porter Hayes Pence Westmoreland Fortenberry Mica Whitfield (KY) Cohen Latham Shuler Heller Peterson (PA) Whitfield (KY) Foxx Miller (FL) Wilson (SC) Conyers LaTourette Simpson Hensarling Petri Wilson (NM) Franks (AZ) Musgrave Wittman (VA) Cooper Lee Sires Herger Pickering Wilson (SC) Costa Levin Skelton Hobson Pitts Wittman (VA) Courtney Lewis (GA) Slaughter NOT VOTING—19 Hoekstra Platts Wolf Cramer Lipinski Smith (NJ) Hulshof Poe Young (AK) Baird LaHood Rush Crowley LoBiondo Smith (WA) Hunter Porter Young (FL) Baker Lantos Sanchez, Loretta Cuellar Loebsack Snyder Berman Lucas Sherman NOT VOTING—18 Cummings Lofgren, Zoe Space Costello Miller, Gary Solis Davis (AL) Lowey Spratt Davis (IL) Moran (KS) Wilson (OH) Baird LaHood Rahall Davis (CA) Lynch Stark Everett Napolitano Baker Lantos Rush Davis, Lincoln Mahoney (FL) Stupak Hinojosa Rahall Berman Lucas Sanchez, Loretta Davis, Tom Maloney (NY) Sutton Costello Miller, Gary Sherman DeFazio Markey Tanner Davis (IL) Moran (KS) Solis DeGette Matheson Tauscher b 1252 Hinojosa Napolitano Wilson (OH) Delahunt Matsui Taylor DeLauro McCarthy (NY) Thompson (CA) Dent McCollum (MN) Thompson (MS) So (two thirds not being in the af- b 1235 Dicks McDermott Tiberi firmative) the veto of the President Dingell McGovern Tierney was sustained and the bill was rejected. So the previous question was ordered. Doggett McHugh Towns The result of the vote was announced Donnelly McIntyre Tsongas The result of the vote was announced Doyle McMorris Turner as above recorded. Edwards Rodgers Udall (CO) as above recorded. Stated for: Ellison McNerney Udall (NM) Stated for: Ellsworth McNulty Upton Mrs. NAPOLITANO. Madam Speaker, on Emanuel Meek (FL) Van Hollen Mrs. NAPOLITANO. Madam Speaker, on Emerson Meeks (NY) ´ Wednesday, January 23, 2008, I was absent Velazquez Wednesday, January 23, 2008, I was absent during rollcall vote No. 21. Had I been Engel Melancon Visclosky English (PA) Michaud Walsh (NY) during rollcall vote No. 22. Had I been present, I would have voted ‘‘yea’’ on ordering Eshoo Miller (MI) Walz (MN) present, I would have voted ‘‘yea’’ on pas- the previous question to H.R. 3963—to amend Etheridge Miller (NC) Wasserman sage, the objections of the President to the title XXI of the Social Security Act to extend Farr Miller, George Schultz Fattah Mitchell Waters contrary notwithstanding, of H.R. 3963—to and improve the Children’s Health Insurance Ferguson Mollohan Watson amend title XXI of the Social Security Act to Program. Filner Moore (KS) Watt extend and improve the Children’s Health In- Ms. SOLIS. Madam Speaker, during rollcall Fossella Moore (WI) Waxman Frank (MA) Moran (VA) Weiner surance Program. vote No. 21 on ordering the previous question Gerlach Murphy (CT) Welch (VT) on the veto override of the Children’s Health Giffords Murphy, Patrick Wexler Ms. SOLIS. Madam Speaker, during rollcall Insurance bill, I was unavoidably detained. Gilchrest Murphy, Tim Wilson (NM) vote No. 22 on overriding the President’s veto Gillibrand Murtha Wolf of H.R. 3963, Children’s Health Insurance Pro- Had I been present, I would have voted ‘‘yea’’. Gonzalez Nadler Woolsey The SPEAKER pro tempore. The Gordon Neal (MA) Wu gram Reauthorization Act, I was unavoidably question is, will the House, on recon- Green, Al Oberstar Wynn detained. Had I been present, I would have Green, Gene Obey Yarmuth voted ‘‘yea.’’ sideration, pass the bill, the objections Grijalva Olver Young (AK) of the President to the contrary not- Gutierrez Ortiz Young (FL) The SPEAKER pro tempore. The veto withstanding? NAYS—152 message and the bill will be referred to Under the Constitution, the vote Aderholt Alexander Bachus the Committees on Energy and Com- must be by the yeas and nays. Akin Bachmann Barrett (SC) merce and Ways and Means.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H408 CONGRESSIONAL RECORD — HOUSE January 23, 2008 The Clerk will notify the Senate of about bringing that bill up on Thurs- House about how that question should the action of the House. day. First of all, of course, next Thurs- be addressed. And very frankly, I was f day we won’t be here, if they bring it hopeful that the Senate would act long PERSONAL EXPLANATION up Thursday. before this, I know you’ve been in a Mr. WILSON of Ohio. Madam Speaker, on Mr. BLUNT. I think he’s going to similar situation, and that we would be Wednesday, January 23, 2008, I was unable bring it up this Thursday on the Senate in conference and try to resolve those to vote on rollcall 21 and 22 due to unavoid- side is what I meant. differences. We haven’t been able to do Mr. HOYER. Well, as you know, he able circumstances. Had I been present, I that. may do that. As you know, Leader Under no circumstances do we think, would have voted ‘‘yea’’ for both votes. REID asked for unanimous consent yes- however, that the fact that February 1 f terday for a 30-day extension of the comes and goes without the passing of APPOINTMENT OF HON. STENY H. present act which expires on the 1st of either an extension or new legislation HOYER AND HON. CHRIS VAN HOLLEN the month. Mr. MCCONNELL, the minor- will undermine the ability of the NSA TO ACT AS SPEAKER PRO TEMPORE ity leader, objected to that extension. and the administration to continue to TO SIGN ENROLLED BILLS AND JOINT Furthermore, obviously, the Senate eavesdrop on those targets that it be- RESOLUTIONS THROUGH FEBRUARY 6, has not completed its work so that we lieves are important to focus on for the 2008 are unable to go to conference at this protection of our people and our coun- try. The SPEAKER pro tempore laid before the point in time on the bill that we passed House the following communication from the now some months ago, or over a month b 1300 ago. Mr. BLUNT. I thank the gentleman Speaker: When the present Protect America WASHINGTON, DC, for his views on that, and I would hope January 23, 2008. Act, which we passed in August, time that the Protect America Act is not al- I hereby appoint the Honorable STENY H. frame comes to an end the 1st of the lowed to lapse. I’m not as comfortable HOYER and the Honorable CHRIS VAN HOLLEN month, of course the intelligence com- as the article that my good friend re- to act as Speaker pro tempore to sign en- munity will not go dark. The author- ferred to or this article may have cre- rolled bills and joint resolutions through izations issued under the Protect ated comfort for him and other infor- February 6, 2008. America Act are in effect for up to, as mation, particularly about any new NANCY PELOSI, you well know, a full year, so that Speaker of the House of Representatives. targets that might fit some past defini- those matters that have been approved tion that arose. We’ve debated this be- The SPEAKER pro tempore. Without for interception will not terminate. fore; we will debate it again. objection, the appointment is ap- Those authorizations do not terminate I would think that allowing this act proved. on the 1st of February; so that hope- to expire on the basis that somehow we There was no objection. fully the administration has requested have a 12-month window would not be f authorization for any and all targets something that either I would be com- LEGISLATIVE PROGRAM that it believes are important for us to fortable with or the intelligence com- be intercepting at this point in time. munity would be comfortable with. (Mr. BLUNT asked and was given And certainly, if they know of any, And we would have another day to de- permission to address the House for 1 they ought to be requesting such au- bate that. minute.) I do hope we continue to work both Mr. BLUNT. Mr. Speaker, I yield to thorization in contemplation of the possibility. If the Senate doesn’t act, to resolve this issue permanently. The my friend from Maryland, the majority issue of immunity is an issue that’s leader, for the purpose of inquiring we won’t have a bill to pass. I want to tell my friend that, accord- been out there long enough now that about next week’s schedule. ing to a New York Times story today, we should be able to bring it to some Mr. HOYER. I thank the distin- resolution, and I hope we can find a guished Republican whip. Kenneth Wainstein, who’s the Assist- ant Attorney General for National Se- way to do that; and I would hope we On Monday the House will meet at 2 could find a way to do that before Feb- p.m. for legislative business. Votes will curity, he said that if PAA, the Protect America Act, were allowed to expire, ruary 1, which would almost require be postponed until 5 p.m., and that action next week. I understand that if evening we will receive the State of the intelligence officials would still be able to continue intercepting, he said eaves- the Senate doesn’t bring their debate Union address from the President. that would be initiated this week to On Tuesday the House will meet at dropping, on already approved targets for another 12 months. That is what I some conclusion, it’s hard for us to get 10:30 a.m. for morning-hour debate and that permanent solution at that time 12 noon for legislative business. We will was asserting, and that’s the basis on which I make that assertion. frame. consider several bills under suspension But I do think a permanent solution of the rules. A list of those bills will be The Protect America Act only re- quires that the AG adopt guidelines for is important here, and I don’t have the announced by the close of business this confidence that my good friend does week. surveillance, as you know, rather than the individualized warrants to get 1- that we would have a lot of time be- In addition, we will consider H.R. yond February 1 where there is no 1528, a bill to designate the New Eng- year authorization. These authoriza- tions do not require the NSA to specify harm by not having the ability to look land National Scenic Trail. quickly in those areas involving for- The House will not be in session for the name, number or location of the people they want to listen to, so that eign individuals in foreign countries the balance of the week in order to ac- who come to our attention that are not commodate the Democratic Caucus the situation we will find ourselves in, should the Senate not act or be able to to our attention today, but I would Issues Conference. yield. I yield back. act on Thursday either passing legisla- Mr. HOYER. I thank the gentleman Mr. BLUNT. I thank the gentleman tion or sending it to us, would be sim- for yielding. I understand his concern. for that information. As he and I dis- ply that the NSA and the administra- Obviously what concerns me is the cussed last week, the FISA legislation tion would be relying on the authoriza- proposition, as the gentleman puts for- that passed with, obviously, a bipar- tions they already have. ward, that we make sure we have the tisan majority in early August expires I would hope that if the Senate can- authorization to intercept those com- on February 1. I think the Senate in- not act and that we could not go to munications which may pose a danger tends to bring that up on Thursday, conference, that we could agree on this to the United States and to our people. and Senator REID has suggested a com- side to a 30-day extension and send I would hope and urge this adminis- mitment from the Speaker to bring a that over to the Senate. They failed to tration if they know of any such tar- bill up next week. I wonder if we have do that on unanimous consent, so it gets, that they immediately request any information on that. would give us time to go to conference, authorization under that, and they I yield. because, as my friend knows, there is have another week essentially to do so. Mr. HOYER. I thank the gentleman obviously substantial controversy in We believe those could be approved for yielding. the other body with reference to how within, as some previous Justice De- I have not talked to Senator REID nor the immunity issue is addressed. There partment official said, hours of appli- the Speaker about any commitment is substantial controversy in this cation.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H409 So in the first instance, I would hope bers of the majority joined with almost in creating the FISA court, the purpose that they would make efforts to pre- everyone on my side of the aisle to put of the FISA court. The concern with clude the possibility that we would the Protect America Act in place for respect to executive action on inter- have targets that aren’t authorized. this period of time that’s about to ex- cepting communications, certainly do- Secondly, my concern is that the pire. mestically, should be overseen by the other body likes to put us in a position The very fact that the Senate major- court, and to the extent that there may where it’s take it or leave it; in other ity leader and others are calling for an be spillover from foreign interceptions words, without discussion in terms of extension leads me to believe that to domestic interceptions, that ought the very substantive important discus- there is a reason to have something be- to be of concern to us as well. sion on how we protect ourselves yond the normal bill, the regular bill, You are correct, these are very seri- against terrorists and protect the Con- that may or may not allow some lis- ous matters, and I would hope that stitution. We think those are very im- tening to information we need to hear they would be addressed as such from portant questions on both sides, not in the future because of what’s been de- all perspectives. that they’re either side, but we believe cided today. What the 30-day extension does is, if they can be consistent with one an- Clearly, in my view at least, the Sen- the Senate, and I would suggest the other, but we think we need the time ate believes that an extension of the Senate has not acted in a timely man- to do so. current law would be necessary to pro- ner. You’re going on your retreat. I’d That is why I pressed so hard, as the vide the current level of protection or like to get a better word than ‘‘re- gentleman knows, to pass a FISA bill they wouldn’t be worried about the treat,’’ but in any event, you’re going through this House. We passed a FISA deadline. They’d take the gentleman’s on your retreat this week. We’re doing bill through this House over a month suggestion that maybe we have a year the same next week. So essentially we ago. It was in November, so with clear- to listen to the things that we now have two legislative days left, and one ly enough time to give the other body know we need to listen to, and we of those, of course, is a 6:30 day, and which had also considered a bill. And shouldn’t be rushed. I would not like to the Senate says they’re going to take when we passed our bill, we already see the current law expire without an this bill up Thursday. Let’s assume had bills out of the Intelligence Com- adequate replacement. they pass it on Thursday, which I don’t mittee; and the Judiciary Committee The goal the gentleman mentioned assume. That gives us 1 day. The Sen- bill, I’m not sure whether it was out of for the legislation, hearing those ate knows our schedule. That is not committee or not, but it had been con- things we need to hear, and I’d para- fair to the Members of this House. It’s sidered in committee. phrase here, in the quickest possible not fair to the country. It’s not fair to So I think it’s unfortunate that we’ve time frame, is an appropriate goal. the Constitution. been put in this time frame, but I We’ll continue to debate how we get And so I would hope that if we find frankly, without deciding the question there. I would hope that neither body ourselves in that position, as I think today on the floor, am very interested allows this law to lapse with nothing we do, that we could agree to preclude in pursuing this in the regular order to to provide the level of protection the the fear that you have and give an- discuss between the two Houses wheth- American people now have and in the other 30 days for the process to work, er or not we can reach a resolution on future, and I yield. for us to go to conference if the Senate this immunity issue which I think is Mr. HOYER. Mr. Speaker, I thank has passed a bill, to go to conference, an important one, as well as reaching a my friend for yielding. and hopefully the Senate will go to resolution on what I think is a much In that context, can I ask the distin- conference. The Senate hasn’t been improved process that the House guished Republican whip whether or very inclined to go to conference. passed and, very frankly, which I think not, if we find ourselves in that posi- We’re not pleased with that. I don’t the Senate bill also has made some im- tion, whether you believe your side of think you’re pleased with that. provements on in the Judiciary Com- the aisle would be prepared to support Mr. BLUNT. We’re not pleased either. mittee. a 30-day extension so that we would not Mr. HOYER. We share that in com- There are differences on that, wheth- get into that position that you’re con- mon, and I think we’re in that posi- er the Senate Intelligence Committee cerned about, that if something came tion, that a 30-day extension is a rea- is a preferable item, Senate Judiciary to light that the administration and/or sonable time in which to give the Con- or some blend of those two, but they NSA and the intelligence community gress of the United States, Senate and have not reached a resolution on that. felt ought to warrant action, that they the House, to try to come together, re- So I hope I have conveyed to the gen- would then be able to request such ac- solve some very serious issues on which tleman that while I understand the tion during that additional 30 days there are differences of opinion, and I concern, which I share, of getting this while we see if both bodies can act? thank the gentleman for the time. done, I was not happy in August. I Mr. BLUNT. I appreciate the ques- Mr. BLUNT. I thank the gentleman voted against the bill in August as the tion. I would think that if we find our- for that, and I don’t intend to spend gentleman knows. An overwhelming selves in that situation, at least I per- any time defending the time of the majority of this caucus voted against sonally would want to look for the working schedule of the Senate. that legislation. However, many people shortest period of time when we could f voted for it, justifiably in the sense reasonably reach a permanent solution PROVIDING FOR A JOINT SESSION that we needed to get something done to this. I don’t think the country bene- OF CONGRESS TO RECEIVE A for the interim and set a time limit on fits from a constant debate on how we MESSAGE FROM THE PRESIDENT it so that we would not be vulnerable move forward on this issue. I think we Mr. HOYER. Mr. Speaker, I send to if, in fact, we were. But we think the need to find a permanent solution or at the desk a privileged concurrent reso- FISA court needs to be involved in least a longer term solution than we’ve lution and ask for its immediate con- these issues. found to date, and I wouldn’t want to So, again, what I’m trying to convey sideration. see the law lapse. The Clerk read the concurrent reso- to you is these are very serious ques- I think we want to look at the cir- lution, as follows: tions, and they need to be thoughtfully cumstances at the time, what we were H. CON. RES. 282 addressed, and I, for one, am very dealing with with legislation, and unenthusiastic about addressing these Resolved by the House of Representatives (the hopefully a conference of some kind Senate concurring), That the two Houses of issues on the horn of hours to go before and look at it at the time. Congress assemble in the Hall of the House a bill expires. Mr. HOYER. If the gentleman would of Representatives on Monday, January 28, I urge the Senate not to do that to yield? 2008, at 9 p.m., for the purpose of receiving us, and we are about to find ourselves Mr. BLUNT. I’d yield. such communication as the President of the in that position. I’m not happy about Mr. HOYER. I think you raise an im- United States shall be pleased to make to it. portant concern. I think we all agree them. Mr. BLUNT. Well, I hear my friend’s on the concern. I think also there are The concurrent resolution was agreed displeasure. In August, I think 41 Mem- concerns about what the Congress did to.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H410 CONGRESSIONAL RECORD — HOUSE January 23, 2008 A motion to reconsider was laid on changes as may be necessary to expedite the ‘‘(II) in the case of an application for trans- the table. approval of applications to transfer owner- fer of ownership of multiple projects, but not ship of projects for which a loan is made or exceeding 10 projects, 90 days; and f insured under this section for the preserva- ‘‘(III) in the case of an application for ANNOUNCEMENT BY THE SPEAKER tion, continued use restriction, and rehabili- transfer of ownership of 11 or more projects, PRO TEMPORE tation of such projects. Such changes may 120 days. ‘‘(iii) DEADLINE FOR OFFICE OF RENTAL The SPEAKER pro tempore (Mr. include changing approval procedures, in- creasing staff and resources, improving out- HOUSING PRESERVATION.—In the case of any HILL). Pursuant to clause 8 of rule XX, reach to project sponsors regarding informa- complete application for a transfer of owner- the Chair will postpone further pro- tion that is required to be submitted for such ship of a project, or projects, that is trans- ceedings today on motions to suspend approvals, changing approval authority be- ferred pursuant to clause (i), shall be proc- the rules on which a recorded vote or tween national offices and the State and essed, and approved or denied, before the ex- the yeas and nays are ordered, or on local offices, simplifying approval require- piration of the period that begins upon re- which the vote is objected to under ments, establishing uniformity of transfer ceipt of the complete application and con- requirements among State offices, and any sists of— clause 6 of rule XX. ‘‘(I) in the case of an application for trans- Record votes on postponed questions other actions which would expedite approv- als. fer of ownership of a single project, 30 days; will be taken later. ‘‘(II) in the case of an application for trans- ‘‘(B) CONSULTATION.—The Secretary of Ag- f riculture shall consult with the Commis- fer of ownership of multiple projects, but not exceeding 10 projects, 60 days; and SECTION 515 RURAL HOUSING sioner of the Internal Revenue Service and the Secretary of Housing and Urban Develop- ‘‘(III) in the case of an application for PROPERTY TRANSFER IMPROVE- transfer of ownership of 11 or more projects, ment, and take such actions as are appro- MENT ACT OF 2007 120 days. priate in conjunction with such consulta- ‘‘(iv) APPEALS.—Only decisions regarding Mr. HODES. Mr. Speaker, I move to tion, to simplify the coordination of rules, complete applications shall be appealable to suspend the rules and pass the bill regulations, forms (including applications the National Appeals Division of the Depart- for transfers of project ownership), and ap- (H.R. 3873) to expedite the transfer of ment of Agriculture.’’. ownership of rural multifamily housing proval requirements for housing projects for SEC. 4. REPORT. projects with loans made or insured which assistance is provided by the Sec- retary of Agriculture and under any low-in- Not later than July 1, 2008, the Secretary under section 515 of the Housing Act of of Agriculture shall submit a report to the come housing tax credits under section 42 of 1949 so that such projects are rehabili- Committee on Financial Services of the the Internal Revenue Code of 1986 or tax-ex- House of Representatives and the Committee tated and preserved for use for afford- empt housing bonds. The Secretary of Agri- on Banking, Housing, and Urban Affairs of able housing. culture shall involve the State Rural Devel- the Senate that— The Clerk read the title of the bill. opment offices of Department of Agriculture (1) identifies the actions that the Sec- The text of the bill is as follows: and the Administrator of the Rural Housing retary has taken to coordinate with other Service in the consultations under this sub- H.R. 3873 Federal agencies, including the Department paragraph as the Secretary considers appro- Be it enacted by the Senate and House of Rep- of Housing and Urban Development and the priate. resentatives of the United States of America in Internal Revenue Service, and, in particular, ‘‘(C) PRESERVATION AND REHABILITATION Congress assembled, .— with the program for rental assistance under SECTION 1. SHORT TITLE. The Secretary shall actively facilitate trans- section 8 of the United States Housing Act of This Act may be cited as the ‘‘Section 515 fers of the ownership of projects that will re- 1937, the multifamily mortgage insurance Rural Housing Property Transfer Improve- sult in the preservation, continued use re- programs under title II of the National Hous- ment Act of 2007’’. striction, and rehabilitation of such projects. ing Act, the program under section 42 of the ‘‘(D) FINAL AUTHORITY OVER TRANSFERS.— SEC. 2. CONGRESSIONAL FINDINGS. Internal Revenue Code of 1986 for low-income The Office of Rental Housing Preservation of The Congress finds that— housing tax credits, and the program for tax- the Rural Housing Service, established under (1) providing rural housing for poor fami- exempt bonds under section 142 of such Code; section 537 (42 U.S.C. 1490p–1), shall have lies in the United States has been an impor- (2) identifies and describes any resulting final regulatory authority over all transfers tant goal, and the primary reason for enact- improvements within Rural Housing Service of properties for which a loan is made or in- ment, of the Housing Act of 1949; of the Department of Agriculture in expe- sured under this section, and such Office (2) rural multifamily housing financed diting the transfer of ownership of projects under the section 515 of the Housing Act of may, with respect to such transfers, work with loans made or insured under section 515 1949 has been an essential resource for pro- with and seek recommendations from the of the Housing Act of 1949; and viding affordable housing for some of the Na- State Rural Development offices of the De- (3) makes recommendations for any legis- tion’s poorest families; partment of Agriculture. lative changes that are needed for the (3) the majority of the approximately 16,000 ‘‘(E) DEADLINES FOR PROCESSING OF TRANS- prompt processing of applications for such projects financed under section 515 that cur- FER APPLICATIONS.— ownership transfers and for the transfer of rently have loans outstanding were con- ‘‘(i) PROCEDURE.—If a complete applica- such projects. structed more than 25 years ago and need tion, as determined by the Secretary, for a The SPEAKER pro tempore. Pursu- transfer of ownership of a project or projects new financing in order to continue to provide ant to the rule, the gentleman from decent, affordable housing for families eligi- is not processed, and approved or denied, by the State Rural Development office to which New Hampshire (Mr. HODES) and the ble to reside in such housing; gentlewoman from West Virginia (Mrs. (4) many owners of such projects are work- it is submitted before the applicable deadline ing to transfer the properties, which often under clause (ii)— CAPITO) each will control 20 minutes. involves leveraging Federal resources with ‘‘(I) such State or local office shall not The Chair recognizes the gentleman private and commercial resources; and have any further authority to approve or from New Hampshire. (5) the Secretary of Agriculture should pro- deny the application; GENERAL LEAVE tect the portfolio of section 515 projects by ‘‘(II) such State or local office shall trans- Mr. HODES. Mr. Speaker, I ask unan- making administrative and procedural fer the application in accordance with sub- imous consent that all Members may clause (III); and changes to process ownership transfers in a have 5 legislative days within which to commercially reasonable time and manner ‘‘(III) such application shall be processed, when such transfers will further the preser- and approved or denied, in accordance with revise and extend their remarks on this vation of such projects for use as affordable clause (iii) and only by the Office of Rental legislation and to insert extraneous housing for families eligible to reside in such Housing Preservation, which may make the material thereon. housing. final determination with the assistance of The SPEAKER pro tempore. Is there SEC. 3. TRANSFERS OF SECTION 515 RURAL MUL- other Rural Development employees. objection to the request of the gen- TIFAMILY HOUSING PROJECTS. ‘‘(ii) DEADLINE FOR STATE AND LOCAL OF- tleman from New Hampshire? Section 515(h) of the Housing Act of 1949 (42 FICES.—The applicable deadline under this There was no objection. U.S.C. 1485) is amended— clause for processing, and approval or denial, Mr. HODES. Mr. Speaker, I yield my- (1) by inserting ‘‘(1) CONDITION.—’’ after of a complete application for transfer of self so much time as I may consume. I ‘‘(h)’’; and ownership of a project, or projects, shall be rise today in support of H.R. 3873. the period that begins upon receipt of the (2) by adding at the end the following new Mr. Speaker, rural poverty is a par- paragraphs: complete application by the State Rural De- ‘‘(2) TRANSFERS FOR PRESERVATION AND RE- velopment office to which it is submitted ticularly harsh brand of indigence. It HABILITATION OF PROJECTS.— and consists of— tends to be more extreme than urban ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(I) in the case of an application for trans- poverty, and because it develops in make such administrative and procedural fer of ownership of a single project, 45 days; areas far from television cameras and

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H411 daily newspapers, to most Americans it The bill will also improve the way timely fashion simply because they are is faceless. But its presence and its rural housing program money is used probably overwhelmed with the proc- consequences are real, and they present with low-income housing tax credits. ess. Certain RD offices have been slow formidable challenges to both our When the tax credits and rural housing in approving transfer requests, leading country and our conscience. programs are used together, there are to a number of problems, including in- The poverty rate in rural areas is 14.6 often different rules and procedures re- accurate appraisals and expiration of percent, topping that of most urban quired of the participants in the deals outside financing rate guarantees and centers. Rural families are farther from each of the agencies involved. bond and tax credit deadlines. This from population centers and, thus, less More red tape. Our bill requires the nonaction has been a major source of likely or able to take advantage of USDA to work with the IRS to resolve irritation for owners of 515s and groups basic housing services. There is des- the differences. Better coordination representing section 515 tenants. perate need in parts of our country. As will make tax credit deals move H.R. 3873 would fix these impedi- Members of the people’s House we have smoother through the USDA and lever- ments by directing the USDA Sec- a moral imperative to help children age more money for much-needed rural retary to streamline the application and parents trapped in destitute cir- housing. process, require applications to be cumstances. H.R. 3873 will help both the owners of processed within a timely deadline, and The shortage of affordable housing is the property as well as residents in to transfer any applications not proc- a problem nationwide and a crisis in rural communities both in my home essed within that deadline to the Office rural communities. To reduce the bar- State of New Hampshire and across the of Rental Housing Preservation that riers rural families face when trying to country. would then have sole review authority. find affordable housing, together with I’m pleased that 13 housing organiza- Mr. Speaker, this bill was approved, my colleague from West Virginia (Mrs. tions support H.R. 3873, including the as my colleague mentioned, by a voice CAPITO), we have introduced H.R. 3873, Council for Affordable and Rural Hous- vote in the Financial Services Com- the Section 515 Rural Housing Property ing as well as the Housing Assistance mittee and makes commonsense Transfer Improvement Act of 2007, Council. changes to section 515 that would im- which would take important steps to The Financial Services Committee prove the ownership transfer process. help alleviate this rural housing crisis. reported the bill by voice vote. I ask I urge my colleagues to support this my colleagues on both sides of the aisle worthwhile measure. b 1315 to support H.R. 3873. Mr. Speaker, I reserve the balance of The section 515 rural housing pro- Mr. Speaker, I reserve the balance of my time. gram provides loans for the Rural my time. Mr. HODES. Mr. Speaker, I yield to Housing Service. These loans are made Mrs. CAPITO. Mr. Speaker, today I the distinguished gentleman from Mas- to nonprofit, for-profit, cooperative, rise in support of H.R. 3873, the 515 sachusetts (Mr. FRANK), the chairman and public entities for the construction Rural Housing Property Transfer Im- of the Financial Services Committee, of rental or cooperative housing in provement Act of 2007, which would ex- so much time as he may consume. rural areas. The loans are made to pedite the transfer of ownership of Mr. FRANK of Massachusetts. Mr. make units affordable for low and very rural multifamily housing projects Speaker, I appreciate the leadership low-income areas in rural areas. This with loans made and ensured under sec- that my colleague and neighbor from important program serves roughly tion 515 of the Housing Act. New Hampshire has shown on this bill, 450,000 families. First, I would like to commend my and I appreciate, also, the work on the Section 515 loans have financed ap- colleague from New Hampshire (Mr. other side. proximately 16,000 projects. Of those, HODES) for his dedication to rural hous- Let me begin with a very important more than 50 percent of the projects ing issues and for the bipartisan way point: People in this country, I think, were constructed more than 25 years that this bill has come to the floor. I and our friends in the media misunder- ago. These aging properties are often in would also like to thank the chairman stand the true and legitimate meaning desperate need of renovation, which of the full committee. Since he’s sit- of partisanship. Partisanship has a most often happens when a property is ting there, I want to thank him. very essential role to play in democ- sold. The result of these bipartisan efforts racy. The Founding Fathers simulta- When a section 515 property is sold, is a bill that represents a sound ap- neously launched this Nation, de- the transfer of ownership must be ap- proach to improving the administra- nounced parties, and formed them, be- proved by the State’s rural develop- tion of the Department of Agriculture’s cause it does seem inevitable when ment office. The process by which section 515 program. large numbers of people are going to States approve the transfer of owner- Section 515 is a direct loan program govern themselves that some forms of ship of section 515 properties is too administered by the USDA that pro- organization come forward. slow and steeped in bureaucracy. Fami- vides low-interest loans to construct Partisanship is not only not a bad lies sometimes wait years for housing and renovate affordable multifamily thing, it’s a necessary thing in a self- while loans are held back by red tape. housing. While this program has pro- governing polity. Partisanship becomes Our bill will make several key changes vided numerous benefits, as my col- a problem if the legitimate differences to cut through the red tape so rural league has enumerated, to low-income that define the parties spill over an- families can move into affordable rural families, the process by which the grily and make it impossible to work houses. USDA’s State rural development of- on issues where those differences Now, while some State rural develop- fices considers requests to transfer should not exist. ment offices transfer section 515 appli- ownership must be improved. I think the Committee on Financial cations in a timely way, others do not. Section 515 owners may wish to Services, under my predecessor as Nonaction on these applications often transfer the project to other entities chairman, Mr. Oxley of Ohio, and I results in deals going bad. Because of during the terms of their loan for a va- hope under my own chairmanship, have the reduced turnaround and red tape, riety of reasons, including changes in shown that that is not necessary to be the appraisals become outdated and in- owner circumstances or changes in the case, that it is possible from time valid, so the deal cannot be under- local market conditions. Transfers of to time to have legitimate strong dif- written. ownership in section 515 can be bene- ferences on an ideological or partisan Under our bill, if applications are not ficial for all parties, as it presents an basis without that in any way inter- processed in a timely way by the State opportunity to recapitalize a project fering with our ability to come to- rural development office, the applica- for better maintenance, rehabilitation gether on areas where we should agree. tions will be transferred for processing and improved management. This bill, obviously, today is an exam- to the national Rural Housing Service. Unfortunately, the transfer applica- ple of the latter. The State offices that process applica- tion process is time-consuming, and We have a bill that has been brought tions on time won’t have to worry many of the rural development offices forward in a totally bipartisan manner about provisions in the bill. do not process these applications in a to improve the efficiency with which

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H412 CONGRESSIONAL RECORD — HOUSE January 23, 2008 assistance goes for rural housing. way on this bill. And I thank the chair- time and I yield back the balance of That’s the second point I wanted to man for his great leadership for rural my time. make. Much of what we do is, in fact, housing over many years. The SPEAKER pro tempore. The to improve the efficiency with which Mrs. MILLER of Michigan. Mr. Speaker, I question is on the motion offered by programs work, and the committee has rise in strong support of this legislation. the gentleman from New Hampshire had a chance to bring several bills to This measure corrects a problem which has (Mr. HODES) that the House suspend the the floor that do that. We will be doing been culminating since 1974 when the Na- rules and pass the bill, H.R. 3873. more. tional Flood Insurance Program began sub- The question was taken; and (two- The gentleman from New Hampshire sidizing flood insurance rates. These rates thirds being in the affirmative) the mentioned one of the conflicts we are were designed to encourage participation in rules were suspended and the bill was trying to resolve here is between the the program and to generate sufficient income passed. rules that apply when you were trying to pay anticipated claims on these properties. A motion to reconsider was laid on to use tax credits for low-income hous- Originally, Congress had expected that over the table. ing and those that apply when you time the percentage of these structures would f were talking about the programmatic decline and that most of them would be sub- NATIONAL FLOOD INSURANCE ACT legislation. We do something about ject to actuarial rates. However that has not OF 1968 AMENDMENTS that here. occurred. Under the leadership of the chairman This bill corrects this problem by removing Mr. FRANK of Massachusetts. Mr. of the Committee on Ways and Means, subsidies for properties that are purchased in Speaker, I move to suspend the rules the gentleman from New York (Mr. excess of a half of a million dollars. and pass the bill (H.R. 3959) to amend RANGEL), and the Financial Services Sadly, this is just one of the many problems the National Flood Insurance Act of Committee, we are working out legisla- the National Flood Insurance Program faces. 1968 to provide for the phase-in of actu- tion that will do that kind of reconcili- Currently, FEMA is engaged in efforts to mod- arial rates for certain pre-FIRM prop- ation for all housing programs. And we ernize flood maps throughout the country, erties, as amended. will shortly have on the floor of this which in many places, are horribly outdated. The Clerk read the title of the bill. House a bill that will greatly increase Utilizing antiquated data impacts millions of The text of the bill is as follows: property owners, property owners that live on, the efficiency with which all housing H.R. 3959 near or around the Upper Great Lakes, which programs can be merged, tax-based Be it enacted by the Senate and House of Rep- is essentially everything in the Great Lakes ones and appropriations-based ones, in- resentatives of the United States of America in Basin upstream from Niagara Falls. So Lake creasing the amount of housing we can Congress assembled, Superior, Lake Michigan, Lake Huron and build at no further increase to the tax- SECTION 1. PHASE-IN OF ACTUARIAL RATES FOR Lake Erie, Lake St. Clair and the St. Mary’s payer. CERTAIN PRE-FIRM PROPERTIES. River, St. Clair River, the Detroit River and the And the third point I would note is (a) IN GENERAL.—Section 1308(c) of the Na- Niagara River. tional Flood Insurance Act of 1968 (42 U.S.C. that this is rural housing. Too often Unfortunately, FEMA’s efforts in the upper 4015(c)) is amended— when people think about Federal hous- Great Lakes are being conducted with flawed (1) by redesignating paragraph (2) as para- ing programs they think only about and outdated data. The data currently being graph (3); and the urban areas. Urban areas are im- used is from when Great Lakes water levels (2) by inserting after paragraph (1) the fol- lowing new paragraph: portant, but so are rural areas. And I were at an all time high, and in the 20 years am very proud that this committee has ‘‘(2) RECENTLY PURCHASED PRE-FIRM SINGLE since this study was completed, lake levels FAMILY PROPERTIES USED AS PRINCIPAL RESI- given equal attention, or let me say ap- have fallen for 11 years. propriate attention, to both. Obvi- DENCES.—Any single family property that is Let me use St. Clair County in my district as used as a principal residence that— ously, the need is often greater in the an example. In St. Clair County, FEMA is ‘‘(A) has been constructed or substantially im- more heavily populated areas, but we abusing the authority Congress granted them proved and for which such construction or im- have given fully proportionate atten- through management of the National Flood In- provement was started, as determined by the Di- tion to the rural areas. surance Program. As the agency continues to rector, before December 31, 1974, or before the ef- So, I am very proud we have a bill modernize the maps in the county, the effects fective date of the initial rate map published by today that shows how you can be bipar- the Director under paragraph (2) of section 1360 will double the number of county residents for the area in which such property is located, tisan, even while there are legitimate who will be forced to purchase flood insurance partisan differences, that aims at in- whichever is later; and even though they are at virtually no risk of ‘‘(B) is purchased— creasing the efficiency with which Fed- flooding. More specifically, Lake St. Clair is ‘‘(i) after the date of enactment of this para- eral funds are spent and which recog- currently more than 55 inches below the cur- graph; and nizes that people in the rural areas rent flood level, and over 6 feet below FEMA’s ‘‘(ii) for not less than $600,000.’’. have a need for housing assistance, to proposed flood level. This means that St. Clair (b) TECHNICAL AMENDMENTS.—Section 1308(c) some extent, just as do people in the County alone has subsidized the flood insur- of the National Flood Insurance Act of 1968 (42 urban areas. ance program to the tune of $8.2 million. U.S.C. 4015(c)) is amended— (1) in the matter preceding paragraph (1), by I thank the gentleman from New Using such flawed data is nothing more than Hampshire for the leadership he has striking ‘‘the limitations provided under para- a waste of FEMA’s time and money not to graphs (1) and (2)’’ and inserting ‘‘subsection shown. I appreciate the gentlewoman mention the waste of taxpayer dollars. (e)’’; and from West Virginia, who has become How can the FEMA justify doing this? The (2) in paragraph (1), by striking ‘‘, except’’ the ranking member of the Housing agency claims these residents are at a higher and all that follows through ‘‘subsection (e)’’. Subcommittee and with whom we have risk of a flood and wants to raise the base (c) EFFECTIVE DATE AND TRANSITION.— very good relationships. And I hope the flood elevation which determines the bound- (1) EFFECTIVE DATE.—The amendments made bill is passed. aries of the 100-year flood zone. As a result, by subsections (a) and (b) shall apply beginning Mr. HODES. Mr. Speaker, I thank the states like Michigan become ATMs for FEMA on January 1, 2011, except as provided in para- gentleman for his comments and re- graph (2) of this subsection. to withdraw money and spend it in regions of (2) TRANSITION FOR PROPERTIES COVERED BY serve the balance of my time. the country that experience high levels of re- FLOOD INSURANCE UPON EFFECTIVE DATE.— Mrs. CAPITO. I have no further peated flooding. In Michigan, we look down at (A) INCREASE OF RATES OVER TIME.—In the speakers. I urge passage of this bill. We the water, not up. case of any property described in paragraph (2) have the best of intentions here. We’ve Certainly we can all agree that using sound of section 1308(c) of the National Flood Insur- worked out any kind of differences we science in this instance—when hundreds of ance Act of 1968, as amended by subsection (a) may have had, and the end product is millions of dollars are about to be assessed of this section, that, as of the effective date going to be better and more affordable against American property owners—is the under paragraph (1) of this subsection, is cov- and more accessible rural housing most prudent course of action. It is time that ered under a policy for flood insurance made available under the national flood insurance across America. FEMA stop using antiquated data and forcing program for which the chargeable premium rates Mr. Speaker, I yield back the balance the American people into purchasing a product are less than the applicable estimated risk pre- of my time. that some don’t need. mium rate under section 1307(a)(1) for the area Mr. HODES. I thank the gentle- Mr. HODES. Mr. Speaker, at this in which the property is located, the Director of woman for her work in a bipartisan time, I have no further requests for the Federal Emergency Management Agency

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 6333 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H413 shall increase the chargeable premium rates for committee, and we had talked about it sidy for those pre-FIRM homes, and such property over time to such applicable esti- being offered on the floor. I regret that that subsidy has existed up until today. mated risk premium rate under section he wasn’t given the chance to offer it Unfortunately, we know that the flood 1307(a)(1). on the floor, and I gave him my word program has had some problems in the (B) ANNUAL INCREASE.—Such increase shall be made by increasing the chargeable premium that we would, as soon as possible, last couple of years, most notably be- rates for the property (after application of any bring it forward. And it is my inten- cause of Hurricane Katrina and Hurri- increase in the premium rates otherwise applica- tion, if this bill passes today, as I ex- cane Rita. All the money that they ble to such property), once during the 12-month pect that it will, if and when we get to have had to borrow to pay out for those period that begins upon the effective date under work with the United States Senate on huge flood losses, they are now $18 bil- paragraph (1) of this subsection, and once every comprehensive legislation, this will be lion in debt. And that’s the reason why 12 months thereafter until such increase is ac- a part of this. In effect, this is a de- the committee is now coming back to complished, by 15 percent (or such lesser amount as may be necessary so that the chargeable rate layed amendment to the flood insur- relook at the flood program, and that’s does not exceed such applicable estimated risk ance bill we’ve already passed, and it why we have done that. premium rate or to comply with subparagraph will be treated in any deliberations in The legislation that the chairman (C)). Any increase in chargeable premium rates which I am a part as if it had been in- talks about that we have already done for a property pursuant to this paragraph shall cluded back then. I appreciate that we’ve moved through not be considered for purposes of the limitation So, I think the gentleman from New the House. I am a little bit dis- under section 1308(e) of such Act. Jersey has done us a service by giving appointed, though, in that legislation (C) FULL ACTUARIAL RATES.—The provisions us something that is both environ- in one regard, in that it increased the of paragraph (2) of such section 1308(c) shall apply to such a property upon the accomplish- mentally and fiscally responsible. exposure to wind damage in the flood ment of the increase under this paragraph and Mr. Speaker, I reserve the balance of program. But despite that what I call thereafter. my time. an error in direction on that legisla- The SPEAKER pro tempore. Pursu- Mr. GARRETT of New Jersey. Mr. tion, the underlying bill did make ant to the rule, the gentleman from Speaker, I yield myself such time as I some substantial improvements to the Massachusetts (Mr. FRANK) and the may consume. overlying program. It updated the flood gentleman from New Jersey (Mr. GAR- First of all, I begin by saying thanks maps, increased the phase-in of actu- RETT) each will control 20 minutes. to the chairman of the committee for arial rates on vacation homes and also The Chair recognizes the gentleman his help in working through this piece second homes and on nonresidential from Massachusetts. of legislation, and also for the ranking properties that have been subsidized by Mr. FRANK of Massachusetts. Mr. member for her working alongside the the program since its inception. Speaker, from time to time in this Chair as to facilitate the moving along The one area, though, that was not House we are asked to choose, to some of this legislation to the floor today. addressed was these pre-FIRM homes extent, between the strong views of As the chairman indicates, we had the and the fact that the subsidies con- people concerned with excessive spend- opportunity to discuss it in committee, tinue to exist. So to that effort, we ing by the Federal Government and which is, I think, and I think he will have tried to get a compromise be- those interested in environmental pro- concur with me, is always the best way tween those who said let’s not do any- tection. Let me say to the Members, to deal with all legislation as opposed thing and those who said let’s have today is a happier day because we bring to bringing them up later on. It’s best those pre-FIRM homes immediately forward a bill today out of the Finan- to get out there so we can have full and put in on the higher rates that would cial Services Committee which is au- adequate disclosure and discussion on occur without the subsidization. thored by the gentleman from New Jer- the issues. We were able to do that; we Through the committee efforts, sey (Mr. GARRETT), who will soon be just weren’t able to get it through the through the work with the ranking speaking, which advances the legiti- next hoop. But now we’re able to jump member and the chairman, we were mate concerns of both those interested through that hoop today, and, again, I able to come through with a com- in saving taxpayer money and those in- appreciate the chairman’s work on promise. In essence it says this: If terested in environmental protection. that. you’re a pre-FIRM home, your rates We have a Federal flood insurance What this is all about, very simply, is will still be subsidized until that home program that exists because of market this. Back in 1968, that is when NFIP is basically phased in, sold and phased failure. That is, we do not believe that was created, the National Flood Insur- in on the same rate schedule as the un- if you abolish it altogether the private ance Program, and that was done, as derlying bill, and only for those homes market could entirely handle this. In the chairman indicated, way back then that are sold for over $600,000. A move- fact, there are some areas where this three or four decades ago, as I guess ment in the right direction with regard committee is moving, and this House more and more people were building to the subsidization, the problems of has voted, to expand the role of Federal homes in places maybe they shouldn’t the underlying program, and for that flood insurance, particularly in the be, along coastal lines and what have reason I think we are moving appro- area of disasters. But as we do that, it you, it was just next to impossible to priately, and I look forward to those is important that we do it in a respon- buy flood insurance. deliberations that we may have some- sible way. b 1330 time with the Senate on this legisla- There has been legitimate criticism tion. of the flood insurance program as it So Congress stepped in and created Mr. Speaker, I yield back the balance was existing before. Frankly, this com- NFIP, and that allowed folks the op- of my time. mittee, both, again, under Mr. Oxley’s portunity to buy flood insurance for Mr. FRANK of Massachusetts. I chairmanship and recently, addressed the first time. When they did that, thank the gentleman for his kind it, and it encouraged people to build however, they realized that here again words. where they should not have built from we’re talking about two sets of houses, Mr. Speaker, I yield back the balance an environmental standpoint and in- those that were already in existence at of my time. curred too much taxpayer money. Es- the time and those that would come The SPEAKER pro tempore (Mr. sentially, there was too much subsidy afterwards, called pre-FIRM and post- HODES). The question is on the motion in the program, from both the environ- FIRM homes. They thought Congress offered by the gentleman from Massa- mental and fiscal standpoints, to build- back then, probably in its wisdom, re- chusetts (Mr. FRANK) that the House ers. alized that it wouldn’t be right to tell suspend the rules and pass the bill, In the bill that we adopted last year those folks who were already in the H.R. 3959, as amended. in the previous session, we began to ad- floodplains that this new program was The question was taken; and (two- dress that. We began to charge people a going to come along, that they were thirds being in the affirmative) the more appropriate amount, but we did going to impose upon them a mandate rules were suspended and the bill, as not do it fully. The gentleman from of buying flood insurance when they amended, was passed. New Jersey had an amendment that he bought and sold their houses; so what A motion to reconsider was laid on wanted to offer that we considered in they did was instead to provide a sub- the table.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H414 CONGRESSIONAL RECORD — HOUSE January 23, 2008 GENERAL LEAVE (2) congratulates Catholic schools, stu- than one-quarter of all those enrolled. Mr. FRANK of Massachusetts. Mr. dents, parents, and teachers across the Na- And almost one in seven students in tion for their ongoing contributions to edu- Catholic schools is not Catholic. The Speaker, I ask unanimous consent that cation, and for the key role they play in pro- all Members may have 5 legislative moting and ensuring a brighter, stronger fu- success of Catholic schools does not de- days within which to revise and extend ture for this Nation. pend on selectivity. On average Catho- their remarks on H.R. 3959 and to in- The SPEAKER pro tempore. Pursu- lic schools accept nine out of every 10 sert extraneous material thereon. ant to the rule, the gentlewoman from students who apply. The SPEAKER pro tempore. Is there California (Ms. LINDA T. SA´ NCHEZ) and In addition to learning reading, writ- objection to the request of the gen- the gentleman from Florida (Mr. KEL- ing, and arithmetic, students also learn tleman from Massachusetts? LER) each will control 20 minutes. responsibility and how to become per- There was no objection. The Chair recognizes the gentle- sons of character and integrity. Com- f woman from California. munity service is a priority in Catholic HONORING THE CONTRIBUTIONS GENERAL LEAVE schools; 94 percent of schools have a ´ OF CATHOLIC SCHOOLS Ms. LINDA T. SANCHEZ of Cali- service program, with the average stu- Ms. LINDA T. SA´ NCHEZ of Cali- fornia. Mr. Speaker, I ask unanimous dent completing 79 hours of service. fornia. Mr. Speaker, I move to suspend consent that all Members have 5 legis- I was born, raised, and I live in Chi- the rules and agree to the resolution lative days to revise and extend their cago Archdiocese, which has one of the (H. Res. 916) honoring the contributions remarks and include extraneous mate- of Catholic schools. rial on the bill under consideration. most successful school systems in the The Clerk read the title of the resolu- The SPEAKER pro tempore. Is there country. Today more than 106,000 stu- tion. objection to the request of the gentle- dents attend 276 schools. In my district The text of the resolution is as fol- woman from California? alone, there are five Catholic high lows: There was no objection. schools and 34 grammar schools, in- Ms. LINDA T. SA´ NCHEZ of Cali- H. RES. 916 cluding one of the best in my home fornia. Mr. Speaker, I am pleased at Whereas America’s Catholic schools are parish of St. John of the Cross in West- internationally acclaimed for their academic this time to yield such time as he may ern Springs. consume to the gentleman from Illi- excellence, but provide students more than a My wife and I are each products of 12 nois (Mr. LIPINSKI), the author of this superior scholastic education; years of Catholic education. My wife in Whereas Catholic schools ensure a broad, bill. values-added education emphasizing the life- Mr. LIPINSKI. I thank the gentle- Johnstown, Pennsylvania, at St. Pat- long development of moral, intellectual, woman for yielding. rick’s Grade School and Bishop physical, and social values in America’s Mr. Speaker, I rise today in support McCourt High School; and myself at young people; of H. Res. 916, honoring the tremendous St. Symphorosa Grammar School and Whereas the total Catholic school student contributions that Catholic schools St. Ignatius College Prep. Like so enrollment for the 2006–2007 academic year have made to our Nation. many others, I understand how impor- was more than 2,300,000 and the student- Since 1974, Catholic Schools Week tant Catholic schools are in providing a teacher ratio was 15 to 1; has celebrated the important role that Whereas Catholic schools teach a diverse spiritual, moral, and intellectual foun- group of students; these institutions play in America and dation. My 12 years of Catholic edu- Whereas more than 25 percent of school their excellent reputation for providing cation provided me with the knowl- children enrolled in Catholic schools are a strong academic and moral edu- edge, discipline, desire to serve, and a from minority backgrounds, and nearly 14 cation, as well as teaching community love of learning that enabled me to go percent are non-Catholics; responsibility and outreach. on to earn my Ph.D. and become a Whereas Catholic schools produce students I am proud to sponsor this resolution teacher before I was elected to Con- strongly dedicated to their faith, values, again. And I would like to thank the gress. families, and communities by providing an gentleman from New York (Mr. intellectually stimulating environment rich FOSSELLA) for once again working with As we recognize Catholic Schools in spiritual, character, and moral develop- me on this resolution. Week, we must pay special tribute to ment; This year’s theme of Catholic the dedicated teachers and administra- Whereas the Catholic high school gradua- tors who sacrifice so much, usually tion rate is 99 percent, with 80 percent of Schools Week is ‘‘Catholic Schools graduates attending four-year colleges and 17 Light the Way.’’ This theme focuses on getting paid much less than they could percent attending two-year colleges or tech- the leadership that Catholic schools to dedicate their lives to teaching at nical schools; provide to our Nation, producing grad- Catholic schools. I have fond memories Whereas in the 1972 pastoral message con- uates who light the way for a brighter of my teachers, who taught me not cerning Catholic education, the National future for all Americans and for hu- only the value of a good education but Conference of Catholic Bishops stated: ‘‘Edu- mankind. The theme also highlights also the values of faith and service. Al- cation is one of the most important ways by the spiritual foundation of Catholic though I began in Catholic schools 35 which the Church fulfills its commitment to schools by reminding students that years ago, I still can fondly remember the dignity of the person and building of community. Community is central to edu- they are called to ‘‘light the way’’ for my teachers at St. Sym’s, from Sister cation ministry, both as a necessary condi- others. Mildred in the first grade to Sister Xa- tion and an ardently desired goal. The edu- Nationally, about 2.3 million young vier in the eighth grade. And I still cational efforts of the Church, therefore, people are enrolled in nearly 8,000 fondly remember Sister Diane, my must be directed to forming persons-in-com- Catholic schools. These schools have coach on the Student Congress Team in munity; for the education of the individual more than 160,000 full-time professional high school. Millions of Americans Christian is important not only to his soli- staff, boasting a student/teacher ratio have similar memories of sisters, tary destiny, but also the destinies of the of 15:1. On average Catholic school stu- many communities in which he lives.’’; and priests, and lay teachers who gave dents surpass other students in math, their hearts and souls and made such a Whereas January 27 to February 2, 2008, science, and reading in the three grade has been designated as Catholic Schools big difference in the lives of their stu- Week by the National Catholic Educational levels tested by the NAEP test. The dents. graduation rate for Catholic high Association and the United States Con- Mr. Speaker, Catholic schools have ference of Catholic Bishops: Now, therefore, school students is 99 percent, and 97 be it percent of Catholic high school grad- made a big difference in my life and in Resolved, That the House of Representa- uates go on to college or technical the lives of countless others. As an im- tives— schools. These are amazing statistics portant complement to public schools (1) supports the goals of Catholic Schools in America today. and other private institutions, Catholic Week, an event co-sponsored by the National Catholic schools are also highly ef- schools contribute a great deal to Catholic Educational Association and the America. And let us not forget that United States Conference of Catholic fective in educating minority students Bishops and established to recognize the and disadvantaged youth. The percent- every student who is taught in a Catho- vital contributions of America’s thousands age of minority students in Catholic lic school saves taxpayers money be- of Catholic elementary and secondary schools has more than doubled in the cause they are not part of the local schools; and past 30 years, today representing more public school system.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H415 America’s Catholic schools deserve out their servant mission by building great country provide an incredible our praise and our support. And to the academic achievement, character, valuable service to our education sys- share our praise and support, I urge my and values of their students. tem and truly prepare their students colleagues to pass this resolution. I again commend the gentleman from for a bright future. Mr. KELLER of Florida. Mr. Speak- Illinois for introducing this resolution I urge all of my colleagues, support er, I yield myself such time as I may and urge my colleagues to support it. H. Res. 916. Mr. Speaker, I reserve the balance of consume. Ms. LINDA T. SA´ NCHEZ of Cali- my time. Mr. Speaker, I rise today in support fornia. Mr. Speaker, if I could inquire of House Resolution 916, offered by the Ms. LINDA T. SA´ NCHEZ of Cali- fornia. Mr. Speaker, I reserve the bal- from my colleague how many more gentleman from Illinois (Mr. LIPINSKI). speakers he has remaining. This resolution increases the aware- ance of my time. Mr. KELLER of Florida. I have two ness of Catholic education while hon- Mr. KELLER of Florida. Mr. Speak- er, at this time I yield 4 minutes to the more speakers. oring the contributions of America’s ´ Catholic schools. gentleman from Georgia (Mr. Ms. LINDA T. SANCHEZ of Cali- January 27 through February 2, 2008 GINGREY). fornia. We will continue to reserve the has been designated Catholic Schools Mr. GINGREY. I thank the gen- balance of our time. Week, an annual tradition in its 34th tleman from Florida for yielding and I Mr. KELLER of Florida. Mr. Speak- ´ year and jointly sponsored by the Na- thank Ms. SANCHEZ and Mr. LIPINSKI as er, at this time, I yield 1 minute to the tional Catholic Education Association well, and I rise today in strong support gentleman from Ohio (Mr. LATTA). as well as the United States Conference of H. Res. 916 honoring the contribu- Mr. LATTA. Mr. Speaker, it is my of Catholic Bishops. With this resolu- tions of Catholic schools across the pleasure to stand before you today in tion we recognize the vital role Catho- country, for the upcoming commemo- support of House Resolution 916 hon- lic elementary and secondary schools ration of National Catholic Schools oring the contribution of Catholic play in providing an education with Week from January 27 to February 2. schools to the education system of this Mr. Speaker, as a graduate of Catho- high standards of quality and excel- country. lic elementary and high schools, Sa- lence to the nearly 2.4 million students cred Heart Academy and Aquinas High In Ohio, approximately 12 percent of enrolled in Catholic schools across the School in Augusta, Georgia, I am keen- school children are educated by private country. ly aware of the contributions that they institutions with the vast majority According to the U.S. Conference of provide to the 2.3 million students going to Catholic schools. These Catholic Bishops, Catholic schools have across this country they teach every schools provide the structure and value a graduation rate of over 98 percent, year. These include 1,176 students at system that are important to their and about 97 percent of Catholic high three Catholic schools in my district, families as their children receive not school graduates go on to post-sec- the 11th of Georgia: St. Catherine of only a quality education but a strong ondary training at 4-year colleges, Siena in Kennesaw, Georgia; St. Jo- moral and social foundation. community colleges, or technical seph’s in my hometown of Marietta, Most importantly, the choice of a schools. This success can be attributed Georgia; and St. Mary’s in Floyd Coun- Catholic education allows children to to the importance Catholic educators ty, Rome, Georgia. have a religious bearing in their edu- place on character and morals. By Not only do Catholic schools, like Sa- cation. Many parents make great sac- making the development of moral and cred Heart and Aquinas, provide a rifices for their children’s education by social values an integral part of the strong and competitive academic envi- sending them to Catholic school, be- curriculum, Catholic schools are ensur- ronment, they also teach moral and cause at the same time they are not ing that their students are not only ethical standards, skills for living and only paying for that Catholic edu- good academicians but also good citi- self esteem, and a Christian integra- cation, but they also have to pay taxes zens. tion of spirit, mind, and body in each of to the public schools. The theme for Catholic Schools Week their students. I applaud the hard work and dedica- 2008 is ‘‘Catholic Schools Light the tion of the staff at the Catholic Way.’’ This theme highlights the mis- b 1345 schools, as well as the parents who sion of Catholic schools to provide a Upon graduating from Aquinas, I seek this education for their child’s faith-based education that supports the thought that the Catholic school cur- betterment. I am pleased to support whole child academically and spir- riculum would be what best prepared House Resolution 916 today and to sup- itually and prepares students for future me for my future. But, Mr. Speaker, I port our Catholic schools in Ohio and success. must admit that I was wrong. While across this great country. Catholic schools demonstrated an the strenuous academics at Sacred Mr. Speaker, I yield back the balance enormous amount of character and Heart and Aquinas did lay the founda- of my time. compassion in their response to the tion for success at Georgia Tech and devastating hurricanes that hit the the Medical College of Georgia, it was Mr. KELLER of Florida. Mr. Speak- gulf coast 3 years ago. In the wake of the faith and ethical standards taught er, I yield 3 minutes to the gentleman this national disaster, more than at these schools that truly prepared me from Ohio (Mr. CHABOT). 300,000 students were displaced from for life’s struggles. Mr. CHABOT. Mr. Speaker, I rise in their homes, schools, and communities. Mr. Speaker, while opening and run- strong support of H. Res. 916, a resolu- Catholic schools opened their doors and ning my medical practice, the respect tion recognizing Catholic Schools hearts and welcomed these students for life at Sacred Heart and Aquinas Week and honoring the contributions into their classrooms. They provided led me to value and care for life at all that Catholic schools make to our Na- these children with the opportunity to stages from conception on. And now tion’s country and to the youth of this continue their studies without stop- that I have left my medical career to Nation in particular. Having been a ping to consider the cost of that edu- serve as Member of this great body, I product of the Catholic school system cation. Instead, the Catholic schools find my lessons from these Catholic in Cincinnati, Ohio, myself, having at- knew their first priority was to edu- schools more valuable than ever on a tended Holy Family School and then cate these children. In addition, the daily basis. St. Catherine School and then LaSalle Catholic schools in New Orleans have We are all confronted with difficult High School, and having had both of proved to be most resilient by becom- questions that affect millions of lives. our children attend Our Lady of ing some of the first schools in the hur- If it were not for the moral standards Lourdes School, my wife attended ricane-damaged area to reopen their and the faith in God taught at Sacred Mother of Mercy, as did our daughter doors to students. Heart and Aquinas, I do not believe in high school, my son is a senior at St. I appreciate the great work done by that I could properly represent the peo- Xavier High School, and coincidentally Catholic schools, their administrators ple of northwest Georgia. they happened to win the State foot- and teachers, as well as the parents So, Mr. Speaker, Catholic schools in ball championship in Ohio this year for and volunteers. Catholic schools carry northwest Georgia and all across our the second time in the last 3 years, I

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H416 CONGRESSIONAL RECORD — HOUSE January 23, 2008 can say firsthand that Catholic school ment at 14 percent this past year, Catholic St. Clare, St. John Villa Academy, St. Joseph, systems in our community and all over schools continue to teach students of all back- St. Joseph by the Sea High School, St. Jo- the country are providing significant grounds. seph Hill Academy, St. Joseph-St. Thomas, leadership in the great education for The high-school graduation rate of Catholic St. Margaret Mary, St. Mary, St. Patrick, St. our youth. schools is an impressive 99 percent, with 80 Paul, St. Peter’s Boys, St. Peter’s Girls, St. I also happened to be a school teach- percent going on to a 4-year college and 17 Peter’s Elementary, St. Rita, St. Roch, St. Syl- er at St. Joseph School in the west end percent going to a 2-year or technical college. vester, Seton Foundation For Learning, St. Te- in Cincinnati after I graduated from These rates are extraordinary and are to be resa, Most Precious Blood, Fontbonne Hall college. And Catholic schools provide a commended. Academy, Our Lady of Angels, Our Lady of comprehensive and wide-ranging edu- Next week, January 27th through February Grace, Our Lady of Guadalupe, St. Anselm, cation to all of the students. Not only 2nd is designated as Catholic Schools Week St. Bernadette, St. Ephrem, St. Finbar, St. do Catholic schools promote the intel- by the National Catholic Educational Associa- Frances Cabrini, St. Patrick School, Sts. lectual and physical cultivation of our tion and the United States Conference of Simon & Jude, Visitation Academy, Xavarian most important asset, our country’s Catholic Bishops. High School, Xavarian Genesis Program. youth, but they also lay the ground- The purpose of Catholic Schools Week is to work for a strong, moral upbringing re- show support for the Catholic schools, includ- Ms. BORDALLO. Mr. Speaker, I rise in sup- sulting in well-rounded contributing ing St. Emydius in Lynwood and St. Helen’s in port of House Resolution 916, recognizing the members of our society. South Gate, and to their students, parents, goals of Catholic Schools Week and the suc- The Cincinnati Archdiocese consists and teachers across the Nation for their ongo- cess of Catholic education to the personal ad- of 117 schools totaling over 47,000 stu- ing contributions to education, and for the key vancement and academic achievements of dents. I am proud to say that several of role they play in promoting and ensuring a students across the United States. these schools are located in Ohio’s brighter, stronger future for this Nation. I thank our colleague from Illinois (Mr. LIPIN- First District, including two schools, I believe we should continue to support all SKI) and our colleague from New York (Mr. Our Lady of the Visitation and St. schools that graduate our youth in high per- FOSSELLA) for their work in sponsoring this James School in White Oak who re- centages and prepare them for a productive worthy resolution and for their leadership on cently received the 2007 Blue Ribbon future. behalf of Catholic education. School of Excellence Award from the I urge my colleagues to support H. Res. Department of Education. 916. The Catholic Church, and its religious or- I want to urge my colleagues to sup- Mr. FOSSELLA. Mr. Speaker, I want to ex- ders and congregations across the United port this legislation. I want to thank tend my sincere gratitude to the Catholic States, serve an important and invaluable role those here today for their leadership in Schools not only in my home Congressional in elementary and secondary education for our bringing this forward. District of Staten Island and Brooklyn, but also youth. Many Catholic schools are model And I might note, Mr. GINGREY of the entire Nation as we honor Catholic schools in the communities they serve and in Georgia mentioned the issue of life and Schools Week from January 27–February 2, which they are located. Character education the moral issues that are instilled in 2008, which is sponsored by the National and a well-rounded, balanced and challenging many of us from our Catholic upbring- Catholic Education Association and the United curriculum complemented by a variety of ex- ing. I happen to be the principal spon- States Conference of Catholic Bishops. tracurricular activities, a dedicated teaching sor of the ban on partial birth abor- America’s Catholic schools educate nearly staff and administration, and a caring commu- tion, and we had many, tens of thou- 2.5 million students a year, providing the Na- nity of parents and friends, are the hallmarks sands of people who came here yester- tion’s young men and women with a broad of Catholic schools. day to advocate on behalf of innocent, academic background emphasizing the lifelong Catholic education is centered on families development of moral, intellectual physical and unborn children. And we had many and communities, and it is, like the church, social values. come by our office yesterday, older universal in its approach and teachings. Catholic school initiatives that reach out to high school students, St. Xavier High Today, Catholic schools are diverse learning School students, St. Ursula, Mother of disadvantaged young people have touched a communities where a growing number of stu- Mercy, Our Lady of Lourdes, many diverse group of students who sometimes find dents and faculty from various faiths, back- schools came by. And I want to thank themselves trapped in underachieving schools. grounds, socioeconomic status, and cultures them for doing that and their showing It is not surprising to me that more than 25 are enrolled. This diversity adds to the rich- that the morals, the values that they percent of Catholic school students are from ness of the learning opportunities Catholics are being taught in those schools really minority groups and nearly 14 percent are schools provide for our young people and our are sinking in. And I just want to non-Catholics. Parents recognize the impor- families. thank those in the leadership position tance of a quality education and are willing to here for bringing forth this issue. And sacrifice to ensure their children have every Students enrolled today in Catholic schools I think it is appropriate that we honor opportunity to succeed in the world. excel in math and science as well as in gram- the Catholic school systems all across Catholic Schools Week pays tribute to the mar and the arts. Students learn with and from the country for the invaluable work dedication, character, compassion, and values support provided by the greater Catholic com- that they do for our country. that embody Catholic education in this coun- munity and they are taught in an environment Mr. KELLER of Florida. Mr. Speak- try. I believe it is important to recognize the where Christian values and strong moral guid- er, I have no further speakers. I would outstanding contributions Catholic Schools ance are present. urge my colleagues to vote ‘‘yes’’ on H. make in our country today. Their commitment I join my colleagues on this occasion in ac- Res. 916. to the educational standards and values en- knowledging the value of Catholic education I yield back the balance of my time. sure our children will have the right moral for our communities and for our young people. Ms. LINDA T. SA´ NCHEZ of Cali- framework to help lead our great Nation in the The work of the United States Conference of fornia. Mr. Speaker. I too rise in sup- future. Catholic Bishops, the National Catholic Edu- port of H. Res. 916 to honor the con- As a product of Catholic education, I urge cational Association, and the Dioceses of the tributions of Catholic schools through- all my colleagues to support this resolution. Catholic Church across the country, and the out the country and to support the I would like to recognize all Catholic Religious Orders supporting instruction and goals of Catholic Schools Week. I be- Schools in the 13th Congressional District of development at Catholic Schools, is important lieve we should continue to support all New York: Academy of St. Dorothy, Blessed to the continued success of Catholic edu- schools that graduate our youth in Sacrament, Holy Rosary, Immaculate Concep- cation. high percentages and prepare them for tion, Notre Dame Academy, Monsignor Farrell a productive future. High School, Moore Catholic School, Mother The theme of Catholic Schools Week this I urge my colleagues to support this Francciska, Notre Dame Academy Elemen- year appropriately emphasizes and reflects a resolution. tary, Our Lady of Good Counsel, Our Lady strong attribute of Catholic education: leader- Mr. Speaker, Catholic schools enrolled over Help of Christians, Our Lady of Mount Carmel, ship. ‘‘Catholic Schools Light the Way,’’ fo- two million of our Nation’s children during the St. Benedicta, Our Lady Queen of Peace, Our cuses on the leaders that Catholic Schools 2006–2007 school year. With minority enroll- Lady Star of the Sea, Sacred Heart, St. educate for the benefit of our communities, ment at 25 percent and non-Catholic enroll- Adalbert, St. Ann, St. Charles, St. Christopher, our country, and our world. Today, graduates

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H417 from Catholic schools enter college and em- tive relationships between mentors and There was no objection. bark upon careers as leaders prepared to con- mentees; Ms. LINDA T. SA´ NCHEZ of Cali- tribute to their communities and to make a dif- Whereas public-private mentoring partner- fornia. Mr. Speaker, at this time, I ships bring State and local leaders together would like to yield as much time as she ference for all humankind. to support mentoring programs by pre- On this occasion I recognize the Catholic venting duplication of efforts, offering train- may consume to the author of this bill, community in my district, on my home island ing in best practices, and helping mentoring the gentlewoman from Minnesota (Ms. of Guam, for all of the collective efforts under- programs make the most of the limited re- MCCOLLUM). taken in support of Catholic schools. Today, sources available to benefit the Nation’s Ms. MCCOLLUM of Minnesota. Mr. the Roman Catholic Archdiocese of Agan˜a re- youth; Speaker, as a cochair of the Congres- mains committed to serving the people of Whereas the Corporation for National and sional Mentoring Caucus, I rise today Guam and most especially our youth. Under Community Service has convened— in strong support of H.R. 908, sup- (1) the Federal Mentoring Council, which porting the goals and ideals of National the direction of the Most Reverend Anthony brings together several Federal agencies to Sablan Apuron, OFM Cap, DD, Metropolitan coordinate approaches to mentoring within Mentoring Month. Archbishop of Agan˜a, Catholic educational in- the Federal Government; and Thank you, Chairman KILDEE and stitutions on Guam continue to provide quality (2) the National Mentoring Working Group, Chairman MILLER, for bringing this academic instruction to our students. The con- consisting of experts in mentoring from non- legislation so quickly to the floor. I tributions of the Catholic school system to the profit organizations and foundations, to would also like to thank the other people of Guam are reflected in the success share information and ideas about mentoring Chairs of the mentoring caucus, Ms. programs; Davis of California, Mr. KELLER of of our local leaders in the clergy, government, Whereas more than 15,000,000 young people Florida and Mr. ROGERS of Michigan, and private sector who are alumni of our in the United States fall into a mentoring Catholic schools. The dedication shown by the gap and still need mentors; who are the original cosponsors of this Archdiocese of Agan˜a to academic excellence Whereas coordinated national, State, re- legislation. and to Catholic education on our island gional, and local efforts need Federal support The term ‘‘mentor’’ is from a Greek strongly reflects the theme of leadership for to connect more youth with the powerful story in mythology. Odysseus asked his Catholic Schools Week, which we will join oth- benefits that result from mentoring; friend, Mentor, to teach and watch his ers across the country in celebrating next Whereas designation of January 2008 as Na- young son, Telemachus, as he was off tional Mentoring Month will help call atten- week. to fight in the Trojan War. This special ´ tion to the critical role mentors play in help- relationship between Telemachus and Ms. LINDA T. SANCHEZ of Cali- ing young people realize their potential; fornia. I yield back the balance of my Whereas the month-long celebration of his mentor was centered on education, time. mentoring will encourage more organiza- friendship and advice, something we all The SPEAKER pro tempore. The tions across the United States, including need from time to time. Mentoring was question is on the motion offered by schools, businesses, nonprofit organizations, then, and continues to be, a special the gentlewoman from California (Ms. faith institutions, foundations, and individ- caring and supportive relationship be- LINDA T. SA´ NCHEZ) that the House sus- uals to become engaged in mentoring; tween two people based on mutual Whereas National Mentoring Month will— trust and respect. pend the rules and agree to the resolu- (1) build awareness of mentoring; tion, H. Res. 916. (2) encourage more people to become men- Mentoring relationships are between The question was taken; and (two- tors; and a mentor, an adult, and a mentee, a thirds being in the affirmative) the (3) help close the Nation’s mentoring gap; young adult or child, that focuses on rules were suspended and the resolu- and the need of that young person. Caring tion was agreed to. Whereas the President issued a proclama- adults, parents, teachers, counselors, A motion to reconsider was laid on tion declaring January 2008 to be National religious leaders, they are all mentors, Mentoring Month and calling on the people and they are all able to influence a the table. of the United States to— f (1) recognize the importance of mentoring; child’s life, and they are able to do that (2) look for opportunities to serve as men- because they provide a foundation of SUPPORTING THE GOALS AND tors in their communities; and love, support and guidance. IDEALS OF NATIONAL MEN- (3) observe the month with appropriate ac- Millions of individuals across this TORING MONTH tivities and programs: Now, therefore, be it country serve as mentors to young men Ms. LINDA T. SA´ NCHEZ of Cali- Resolved, That the House of Representa- tives— and women, encouraging them to de- fornia. Mr. Speaker, I move to suspend (1) supports the goals and ideals of Na- velop strong characters and have the rules and agree to the resolution tional Mentoring Month; healthy identities of themselves, so (H. Res. 908) supporting the goals and (2) acknowledges the diligent efforts of in- that as an adult they will be able to ideals of National Mentoring Month. dividuals and groups who promote mentoring contribute back to our society. The Clerk read the title of the resolu- and who are observing the month with ap- In a review of 10 mentoring pro- tion. propriate ceremonies and activities that pro- grams, there are indicators that one- The text of the resolution is as fol- mote awareness of and volunteer involve- on-one mentoring significantly en- lows: ment with youth mentoring; hances positive youth development in (3) recognizes with gratitude the contribu- H. RES. 908 tions of the millions of caring adults and ways that we can measure: better Whereas youth mentoring establishes a students who are already volunteering as school performance, better social structured and trusting relationship between mentors; and skills, but most importantly, the abil- young people and caring individuals who (4) encourages more adults and students to ity for them to want to continue on offer guidance, support, and encouragement; volunteer as mentors. with higher education and college. And Whereas a growing body of mentoring re- The SPEAKER pro tempore. Pursu- that is according to a recent national search provides strong evidence that men- ant to the rule, the gentlewoman from youth conference that was held at the toring programs are successful in reducing California (Ms. LINDA T. SA´ NCHEZ) and University of Minnesota. delinquency, substance use and abuse, and the gentleman from Florida (Mr. KEL- In Minnesota alone, there are 335 academic failure; Whereas research also shows that formal LER) each will control 20 minutes. mentoring organizations. One of them, mentoring that is focused on developing the The Chair recognizes the gentle- the Mentoring Partnership of Min- competence and character of the young per- woman from California. nesota, was formed in 1994 as a commu- son promotes positive outcomes such as im- GENERAL LEAVE nity initiative to promote mentoring proved academic achievement, self-esteem, Ms. LINDA T. SA´ NCHEZ of Cali- for Minnesota’s youth, particularly for social skills, and career development; fornia. Mr. Speaker, I ask unanimous those who are at risk and may not have Whereas mentoring provides a supportive consent that all Members have 5 legis- an opportunity to have many positive environment in which young people can lative days to revise and extend their role models in their life. This program grow, expand their vision of the future, and achieve goals that they never thought pos- remarks and include extraneous mate- has made a significant positive im- sible; rial on the bill under consideration. provement in the lives of those chil- Whereas more than 4,000 mentoring pro- The SPEAKER pro tempore. Is there dren. grams in communities of all sizes across the objection to the request of the gentle- Another wonderful mentoring pro- United States focus on building strong, effec- woman from California? gram is Big Brothers and Big Sisters.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H418 CONGRESSIONAL RECORD — HOUSE January 23, 2008 In the St. Paul-Minneapolis region people who are increasingly spending of mentoring programs implemented in alone, there are more than 307,000 chil- less time with concerned adult role our local schools and communities. We dren that benefit from this mentoring models. Young people with mentors are also draw attention to the components program with the time, energy and less likely to drop out of school, use il- of a quality program, including appro- commitment from more than 3,200 vol- legal drugs, or engage in criminal be- priate screening of potential mentors unteers. havior. The positive effects of men- and careful matching of youth with The new Youth Initiative Mentoring toring include higher self-esteem, high- adults who have a genuine interest in Academy is another successful program er graduation rates, and higher aca- providing guidance and being exem- in Minnesota. This energetic program demic achievement. I have personally plary role models. works with children at risk. These seen the positive impacts of mentoring Mentoring programs are varied and young children receive hands-on learn- firsthand. As a young boy, I benefited unique. They can be school-based or ing experiences about career opportu- from having a mentor from the Big faith-based. They may be established nities, building confidence and self-es- Brother Big Sisters program. As I be- through community organizations or teem, and develop valuable leadership came an adult, I then became a mentor corporate initiatives. I encourage peo- skills. to two high school students at my ple across the country to take time to Mentoring is also an important part alma mater, Boone High School, who discover what mentoring programs of our global competitiveness. For ex- were at risk of dropping out of high exist in their communities and see ample, in my district, Century College school, but fortunately stayed in what they can do to help. Many volun- offers a preengineering program that school and graduated. teers are needed to meet the growing includes the Century College Robot b 1400 demand for mentors. Show. Engineering students enter their Again, I am pleased to cosponsor I then became chairman of the board projects, the college invites practicing House Resolution 908, recognizing the of the COMPACT mentoring program, engineers to judge the show, and Cen- important work of mentors and quality which is the largest mentoring pro- tury College also extends an invitation mentoring programs, and I urge Mem- gram in central Florida and it is tar- to high school students to come so that bers to support this resolution. geted at at-risk students in high they are able to see the opportunities Madam Speaker, I reserve the bal- schools and middle schools who pos- available to them if they choose to ance of my time. sibly may drop out of school. I am study engineering. But it also gives Ms. LINDA T. SA´ NCHEZ of Cali- pleased to report that we were able to fornia. Madam Speaker, at this time I them a chance to hook up with stu- recruit 700 new mentors and the COM- am pleased to yield such time as she dents and professionals who can help PACT program has a 95 percent success may consume to my distinguished col- them steer interests in the right direc- rate of kids staying in school and going league from California (Mrs. DAVIS). tion towards a successful career. on to graduate. In fact, one of the men- I would also like to take time to Mrs. DAVIS of California. Madam tors for the COMPACT program itself Speaker, I rise today in strong support thank all the congressional staff mem- is none other than Supreme Court Jus- of House Resolution 908. I want to bers, including many from my staff, tice Clarence Thomas, who has spent a thank my colleague from Minnesota who take time to mentor youth in pro- great deal of time with the leaders of for sponsoring this important resolu- grams such as Everyone Wins, Horton’s the COMPACT program and the chil- Kids, and the Calvary Homeless Shel- tion. dren themselves every year. I want to share with you an inspira- ter. When I was elected to Congress in tional story about a young man from We all have an important role to play 2000, one of the first things I did was my district in San Diego. Eduardo Co- in the lives of children around us. We join together with then-Congressman all need to be part of the process in Tom Osborne, the famous coach of the rona was only in the ninth grade when shaping young lives so that they can Nebraska Cornhuskers, to author the he got into trouble with the law. Be- achieve their fullest potential. Our Mentoring for Success Act which Coach cause of this mistake, he faced up to 6 youth need caring adults to make the Osborne and I were able to successfully years in a juvenile correctional facil- connection in order to provide guid- include in No Child Left Behind to pro- ity. Instead of going to that facility, ance and emotional support, to make a vide substantial funding for mentoring the judge met with him and spoke with positive impact on their lives so that programs. As we move forward with him and allowed Eduardo to partici- young children can become responsible, the No Child Left Behind reauthoriza- pate in a mentoring program called Re- productive citizens. tion, we will work again to make sure ality Changers. I have had an oppor- I encourage all of my colleagues to that this language is included and tunity to meet with the young people support this resolution, and I look for- stays in existing law. in that program and I can tell you, ward for opportunities to be a mentor One of the big benefits of a men- they are inspirational and very en- myself again in the future as I had toring program is in the area of crime gaged in their lives and hoping to been in the past. But I also encourage prevention. Roughly eight out of 10 in- change the community someday. my colleagues to look for opportunities mates in Florida’s jails and prisons are Reality Changers brings at-risk to be mentors as well. high school dropouts. We see men- youth in San Diego together with their Ms. LINDA T. SA´ NCHEZ of Cali- toring programs like the COMPACT mentors, half of which are college stu- fornia. I reserve the balance of my program in Orlando having a 95 percent dents from the University of California time. success rate of keeping kids in school. at San Diego, and for about 3 hours a Mr. KELLER of Florida. I yield my- That’s making a difference in these week over a 4-year time, these mentees self as much time as I may consume. children’s lives and also helping us as study with their peer mentors, they Mr. Speaker, I rise today in support taxpayers because we pay $20,000 a year take weekly practice SAT tests, do of House Resolution 908 which recog- for people in State prisons and $25,000 a homework together, listen to guest nizes National Mentoring Month. Na- year for folks in Federal prison. speakers and take part in leadership tional Mentoring Month celebrates President Bush himself has praised development seminars. mentors who are positively impacting the importance of mentoring programs. In addition to that, Reality Changers the lives of young people and high- On December 19, 2007, President Bush also sends its participants, all of which lights the need for additional mentors proclaimed January 2008 as National come from low-income families, to a to make themselves available to Amer- Mentoring Month, giving public rec- summer program at UCSD where they ica’s youth. I applaud Representative ognition to mentors who serve as role take college level courses and prepare MCCOLLUM for sponsoring this resolu- models. Specifically the President stat- for higher education. With the help of tion, and as a cosponsor I look forward ed, ‘‘By sharing their knowledge and his mentors in Reality Changers, to further bipartisan efforts to draw at- experiences, mentors serve as examples Eduardo was able to turn his life tention to support this very important for young people and help teach them around. In just 30 days, and this is kind issue. the skills they need to succeed in life.’’ of remarkable to me as I had a chance Mentors give their time and energy By honoring mentors and mentoring to work with some of the issues that he to improve the lives of American young programs, we recognize the importance had to deal with, Eduardo doubled his

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And although ters; The Watts-Willowbrook Boys and Girls of Puget Sound provided more than 2,500 he is just a sophomore in high school, Club; Girlfriends, Inc. of Long Beach; Helpline children with mentoring matches and has a vi- he has already earned college credit Youth Counseling, Inc.; and ELLAS, which sion to provide successful mentoring relation- and is well on his way to becoming the stands for Embracing Latina Leadership Alli- ships for all children who need and want them, first member of his family to attend ances. contributing to better schools, brighter futures, college. Mentors serve as advocates for children. and stronger communities for all. In fact, I need to tell you that all of They make sure that children know that they Many of us know personally or have heard Reality Changers’ participants who matter. first-hand the heartbreaking accounts of young have completed this 4-year program Mentors actively support children’s aca- people who veered off the path of success or, have gone on to a 4-year university. demic achievement, personal and social because of a variety of circumstances, never Not bad, considering all of these young growth, and career development. even knew where to find that path. Mentoring people are the first in their families to Helping students achieve academically is a can be a promising approach to enriching the attend college. I think Eduardo’s story critical part of a mentor’s role. Through tutor- lives of disadvantaged children and youth by really tells us and proves that with the ing and encouragement, mentors can help discouraging juvenile delinquency, improving right role models and people who truly mentees appreciate the importance of staying school attendance and performance, and by care about them, our society’s most in school and working hard to achieve suc- providing positive adult role models. challenged youth, challenged in many cess. A young man from my district, Lorenzo, is a different ways, can turn their lives Not only are young people who have been shining example of the unique way in which around and become leaders in our com- mentored less likely to fail in school and get mentoring enriches the lives of our youth. munity. in trouble for delinquency, they are also more Lorenzo moved to Washington State from But we know that Eduardo fortu- likely to graduate and attend college. So men- West Samoa in 2006, and immediately re- nately and even programs like Reality toring doesn’t just defend against unwanted ceived mentoring help from Ken—an individual Changers are not unique to San Diego. outcomes, it promotes good ones. who has consistently given of his time to men- Mentoring isn’t just for one kind of kid. It can At this very moment, there are count- tor and nurture young people in my home benefit boys and girls, urban and rural, white less mentors across the Nation who, community. Ken helped this young man and Latino. If a young person is coping with a through their hard work and dedica- through the discomfort of transitioning into a divorce, being pressured to join a gang, or has tion, are making miracles happen new environment, through the academic proc- just moved to a new school, mentors can help. every single day. And so that’s why I ess, and into positive relationships with his They can offer guidance while building self-es- rise today to encourage my colleagues new peers. Upon graduating from Kent-Merid- teem and a sense of purpose. to support this resolution that Con- ian High School—my alma mater—Lorenzo gresswoman MCCOLLUM has brought Mentoring isn’t just for one kind of mentor, either. Mentors can come in all shapes and gained admission to Central Washington Uni- forward and join all my colleagues versity and is a wonderful example of the here, and I am pleased to see them, to sizes. A mentor can be a lawyer, a mechanic, power of responsible and caring adult guid- support House Resolution 908. a religious leader, or an older brother. Anyone ance. In addition to this resolution, I ask with a little extra time and a desire to help the Today, as Congress recognizes January all my colleagues to join me in support next generation can become a mentor. 2008 as National Mentoring Month, I encour- of increased funding for our Nation’s By exposing youth to positive life experi- age all citizens, businesses, public and private mentoring programs, because we know ences, mentors help children develop new agencies, religious and educational institutions that with that help, we can replicate skills and interests and get used to interacting to support mentoring and give young people in Eduardo’s success all around the coun- with adults. our community the gift of time and friendship try. By setting ambitious goals with their Mr. KELLER of Florida. Madam mentees, mentors can help today’s children through Big Brothers Big Sisters of Puget Speaker, we have no further speakers. become the leaders of the future. Truly, a Sound or other mentoring programs through- If I can inquire if the other side has mentor can help a young person make her out Washington State and our Nation. any further speakers. dreams a reality. Knowing all this, who Mr. LANGEVIN. Madam Speaker, I rise Ms. LINDA T. SA´ NCHEZ of Cali- wouldn’t want to be a mentor? today in support of H. Res. 908, which sup- fornia. Just one remaining and that I hope I have succeeded in encouraging my ports the goals and ideals of National Men- would be me. colleagues to become mentors or to help pro- toring Month. I am proud to be a cosponsor of Mr. KELLER of Florida. Madam mote mentoring in their communities. Our chil- this resolution that recognizes mentors across Speaker, I would urge all my col- dren can’t raise themselves. I salute those the country who dedicate their time to support leagues, then, to vote ‘‘yes’’ on H. Res. who have served as mentors, and those who and guide the next generation. 908 and will yield back the balance of will do so in the future. It is unfortunate that there are children in my time. Madam Speaker, once again I express my our country who do not know their worth, and Ms. LINDA T. SA´ NCHEZ of Cali- support for ‘‘National Mentoring Month’’ and because of this, many end up failing in school fornia. Madam Speaker, I just want to recognize all the hard work mentors put in on or falling into troubled lives. Mentors help mention in support of this bill that a daily basis. these children get back on a path to success mentors are so important in helping I urge my colleagues to support H. Res. by imparting the most important message— today’s children grow up to live pro- 908. that they too can succeed. Mentors have ductive and fulfilling lives. Unfortu- Mr. REICHERT. Madam Speaker, I am helped youth build up their self-esteem and nately, there is still an acute need for pleased to recognize January 2008 as Men- work on their academics and social skills. more people to become involved in this toring Month and I am proud to offer my sup- Many mentors also help students reach their rewarding venture and I hope that to- port to H. Res. 908, Supporting the goals and potential by helping them prepare for college day’s resolution convinces others to ideals of National Mentoring Month. and career development. get involved as mentors. The history of mentorship nationwide and in Madam Speaker, I hope that by recognizing Again, I want to express my support my district is a rich one. In Washington State January as National Mentoring Month, we can for the National Mentoring Month res- alone, there are approximately 190 organiza- honor the positive effect that mentoring has olution and recognize all the hard work tions specifically dedicated to placing young had on the youngest members of our society. that mentors put in on a daily basis. I people into formal mentoring relationships. I also hope that highlighting the importance of urge my colleagues to support this res- These organizations spent approximately $30 these relationships encourages others to seek olution. million in 2006 to forge and maintain those re- out mentoring opportunities in their commu- Madam Speaker, I rise today to support the lationships—much of that money coming from nities. This not only helps our children, but our designation of January 2008 as ‘‘National private citizens. Most important, all that work society as a whole. Mentoring Month’’ and to applaud the efforts has amounted to approximately 29,000 young Ms. MCCOLLUM of Minnesota. Madam of mentors who work tirelessly to support people in Washington State taking part in a Speaker, as co-chair of the Congressional America’s children. positive mentoring relationship. Mentoring Caucus I rise today in strong sup- I am pleased today to honor mentoring or- One organization in particular that has had port of H. Res. 908 supporting the goals and ganizations across the country, including those a tremendous and lasting impact on many dis- ideals of National Mentoring Month.

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Thank you Chairman KILDEE and Chairman I would like to take this time to thank Con- sure, mental health issues, school violence, MILLER for bringing this legislation to the floor gressional staff members, including my staff, disciplinary problems, the deployment of so quickly. who take time to mentor youth in programs family members to conflicts overseas, and I would also like to thank the other chairs of problems in the home; such as Everybody Wins, Horton’s Kids, and Whereas school counselors are also instru- the Congressional Mentoring Caucus, Ms. Calvary homeless shelter. mental in helping students, teachers, and DAVIS of California, Mr. KELLER of Florida, and We all need to be part of the process in parents deal with personal trauma and com- Mr. ROGERS of Michigan, who were original shaping young people’s lives so that they can munity and national tragedies; cosponsors of this legislation. achieve their fullest potential. Whereas school counselors are among the The term ‘‘mentor’’ derives from a Greek Young people need caring adults to make few professionals in a school building that mythology where Odysseus asked his friend, the connection, to provide guidance, caring are trained in both education and mental Mentor, to teach and watch his son, and emotional support—all these are contrib- health; Telemachus, as he took off to fight the Trojan Whereas, despite the important contribu- uting to making positive impact on their lives— tions of school counselors to student success, War. so that young can become responsible and counseling positions are not always pro- This relationship was centered on advice, productive citizens. tected when budgets are cut; education and friendship. I encourage all of my colleagues to support Whereas the average student-to-counselor Mentoring was a special, caring, and sup- this resolution and to look for opportunities to ratio in America’s public schools, 476-to-1, is portive relationship between two people based be a mentor themselves. almost double the 250-to-1 ratio rec- on mutual trust and respect. Ms. LINDA T. SA´ NCHEZ of California. ommended by the American School Coun- In modern context, mentoring relationships Madam Speaker, I yield back the bal- selor Association, the American Counseling are between the mentor (an adult) and a ance of my time. Association, the American Medical Associa- mentee (youth) that focuses on the needs of tion, the American Psychological Associa- The SPEAKER pro tempore (Ms. tion, and other organizations; youth. HIRONO). The question is on the motion Whereas the celebration of ‘‘National Caring adults—parents, teachers, coun- offered by the gentlewoman from Cali- School Counseling Week’’ would increase selors, mentors and religious leaders are the fornia (Ms. LINDA T. SA´ NCHEZ) that the awareness of the important and necessary most important influence in every child’s life House suspend the rules and agree to role school counselors play in the lives of because they provide the foundation of love, the resolution, H. Res. 908. students in the United States; and support, and guidance. The question was taken; and (two- Whereas the week of February 4 through Millions of individuals across the country thirds being in the affirmative) the February 8, 2008 would be an appropriate serve as mentors to young men and women— week to designate as ‘‘National School Coun- rules were suspended and the resolu- seling Week’’: Now, therefore, be it encouraging and promoting the development tion was agreed to. Resolved, That the United States House of of strong characters and identities for youth A motion to reconsider was laid on Representatives— who may not have a strong adult presence in the table. (1) honors and recognizes the contributions their lives. f of school counselors to the success of stu- A review of 10 mentoring programs indi- dents in our Nation’s elementary and sec- cates that one-on-one mentoring significantly NATIONAL SCHOOL COUNSELING ondary schools; and enhances positive youth development like bet- WEEK (2) encourages the people of the United ter school performance—youth develop better ´ States to observe ‘‘National School Coun- Ms. LINDA T. SANCHEZ of Cali- seling Week’’ with appropriate ceremonies social skills, and more likely they will go on to fornia. Madam Speaker, I move to sus- and activities that promote awareness of the college or higher education—that’s according pend the rules and agree to the resolu- crucial role school counselors play in pre- to data from a recent National Youth Con- tion (H. Res. 932) expressing support for paring students for fulfilling lives as contrib- ference held at the University of Minnesota. designation of the week of February 4 uting members of society. Minnesota is home to the Mentoring Part- through February 8, 2008 as ‘‘National The SPEAKER pro tempore. Pursu- nership of Minnesota, which formed in 1994 School Counseling Week’’. ant to the rule, the gentlewoman from as a community initiative to promote mentoring The Clerk read the title of the resolu- California (Ms. LINDA T. SA´ NCHEZ) and for Minnesota youth, particularly those who tion. the gentleman from Florida (Mr. KEL- are at risk and may lack positive role models The text of the resolution is as fol- LER) each will control 20 minutes. in their lives. lows: The Chair recognizes the gentle- There are over 350 mentoring programs in H. RES. 932 woman from California. Minnesota that connect youth with positive Whereas the American School Counselor GENERAL LEAVE role models. Association has declared the week of Feb- Ms. LINDA T. SA´ NCHEZ of Cali- One valuable mentoring program is Big ruary 4 through February 8, 2008 as ‘‘Na- fornia. Madam Speaker, I ask unani- Brothers Big Sisters. In the St. Paul/Min- tional School Counseling Week’’; mous consent that all Members have 5 neapolis region alone, more than 3,700 chil- Whereas the House of Representatives has legislative days to revise and extend dren benefit from this mentoring program with recognized the importance of school coun- their remarks and include extraneous the time and energy of more than 3,200 volun- seling through the inclusion of elementary and secondary school counseling programs in material on the bill under consider- teers. ation. The Youth Initiative Mentoring Academies the last reauthorization of the Elementary and Secondary Education Act of 1965; The SPEAKER pro tempore. Is there (YIMA) is another successful program in Min- Whereas school counselors have long advo- objection to the request of the gentle- nesota. YIMA utilizes a mentoring model cated that the education system of the woman from California? through aviation education. Through this pro- United States must leave no child behind There was no objection. gram, at risk youth receive hands-on learning and must provide opportunities for all stu- Ms. LINDA T. SA´ NCHEZ of Cali- experiences about career opportunities, build dents; fornia. Madam Speaker, I yield myself confidence and self-esteem, and develop valu- Whereas school counselors have long em- such time as I may consume. able leadership skills. phasized the importance of personal and so- Madam Speaker, I rise in strong sup- Mentoring is also important to our global cial development in academic achievement; port of House Resolution 932, express- Whereas school counselors help develop competitiveness. In my district, Century Col- well-rounded students by guiding them ing support for designation of February lege offers a pre-engineering program that in- through their academic, personal, social, and 4 through February 8, 2008 as ‘‘National cludes the Century College Robot Show. The career development; School Counseling Week.’’ college invites practicing engineers to judge Whereas school counselors play a vital role I thank Chairman GEORGE MILLER the show, providing the opportunity for in ensuring that students are aware of finan- and Ranking Member BUCK MCKEON, as mentorship of the pre-engineering students. cial aid and college opportunities; well as VERN EHLERS, the lead cospon- Century College also invites high schools stu- Whereas school counselors may encourage sor, for their support of this important dents to attend the show so they are able to students to pursue challenging academic resolution and the majority and minor- courses to prepare them for college majors see the opportunities available through the and careers in the science, technology, engi- ity committee staff for doing the hard study of engineering but also to introduce neering, and mathematics fields; work behind the scenes to get this res- them to student and professionals who can Whereas school counselors help students olution to the floor. help steer interested students in the right di- cope with the serious and common chal- This resolution is about recognizing rection. lenges of growing up, including peer pres- and honoring school counselors.

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Unfortu- that students have access to these pro- SA´NCHEZ, for introducing this important resolu- nately, one of my own high school fessionals who have so much to offer. tion. counselors suggested to me that I give I urge my colleagues to support this As a social worker, I recognize the invalu- up on my plans to go to college because resolution. able role that guidance counselors and other I was likely to get pregnant and drop Madam Speaker, I reserve the bal- social services personnel play in our schools. out anyway. ance of my time. These dedicated men and women devote Well, I’ve learned a few things since Mr. KELLER of Florida. Madam their lives to ensuring the bright futures of our then. First, I learned that that par- Speaker, I yield myself as much time Nation’s children, supporting them both aca- ticular counselor’s fortune telling as I may consume. demically and socially, and assisting them on skills weren’t so great, and, second, Madam Speaker, I rise today in sup- the great journey towards higher education I’ve learned a lot more about the coun- port of House Resolution 932 offered by and a successful career. seling profession and come to under- the Representative from California Guidance counselors also play a vital role in ´ stand that one bad apple doesn’t rep- (Ms. LINDA T. SANCHEZ). National our efforts to increase high school graduation resent what counseling is all about. School Counseling Week, which is cele- and college enrollment rates. In fact, good counselors do exactly brated annually the first full week of However, despite our reliance on these im- what this person didn’t do. They in- February, helps focus public attention portant individuals for doing the crucial work of spire us to dream big, help us get on on the unique contribution of profes- preparing our Nation’s youth for entry into col- the road to accomplish those dreams, sional school counselors. School coun- lege and the real world, we often fail to give and, when necessary, they enlist the selors are employed in school districts school counselors the support they need to do support of our parents, teachers, men- and public and private schools of all their jobs effectively. tors, and others to keep moving us levels across America to help students Many of our schools are under-staffed with down the road. reach their full potential. They are ac- guidance counselors, and these hardworking Counselors can be vital to a student’s tively committed to helping students individuals are tasked with serving an over- success, especially in high school. High explore their abilities, strengths, inter- whelming number of students with a limited school is a transition period into adult- ests and talents as these traits relate amount of resources. The average counselor- hood and the world of work. As stu- to academic success and career aware- to-student ratio in our Nation’s public schools dents make this transition, some need ness and development. School coun- is 1 to 436. We must acknowledge this reality, additional help to keep up in class, oth- selors serve as a vital resource for par- and direct our efforts in Congress toward in- ers get distracted by family issues or ents by helping them focus on ways to creasing both our support and recognition of bad behavior, and still others might further the educational, personal and these hardworking men and women in our get involved with gangs and crime. social growth of their children. They schools. But a good school counselor can in- work with teachers and other edu- For these reasons, I am a proud co-sponsor tervene, working with parents and cators to help students explore their of House Resolution 932, to recognize the im- teachers to get students back on track. potential and set realistic goals for portant work of school guidance counselors, Individual attention and follow-up themselves. They often seek to identify inspiring the youth of America, and providing from a counselor can help a student ac- and utilize community resources that them with much-needed support in their jour- complish amazing things. I want to can enhance and complement com- ney toward high school graduation and a pros- recognize just two of the counselors prehensive school counseling programs perous future. from my district who accomplish that help students become productive My fellow colleagues in Congress, I urge amazing things every day they go to members of society. you to support House Resolution 932, so that work. b 1415 we may celebrate the accomplishments and Cheryl Redgate of Santa Fe High These comprehensive developmental diligent efforts of guidance counselors in our School and Shanna Moore-Garcia of La school counseling programs are consid- Nation’s schools. Serna High School are just two of the ered an integral part of the educational Mr. LANGEVIN. Madam Speaker, I rise in many exceptional counselors in my dis- process which enables all students to support of the resolution expressing support trict who have devoted their lives to achieve. for designation of the week of February 4 serving young people. They treat each National school counseling week through February 8, 2008, as ‘‘National School of their students as if they were their highlights the tremendous impact that Counseling Week.’’ I am proud to be a co- own children by holding them to high counselors have in helping students sponsor of this resolution, and I would like to standards and providing encourage- achieve academic success and plan for take this opportunity to thank our school coun- ment, guidance, and support. I under- their career. This year’s theme, selors for their hard work. stand that local parents have expressed ‘‘School Counselors: Creating Path- I am committed to ensuring that all school deep appreciation for the work of these ways to Success,’’ truly sums up the ef- districts, particularly those with the greatest two stellar counselors and are glad to fort they put forth daily to ensure that economic needs, have access to the nec- know that Cheryl and Shanna are look- no child is left behind. essary resources to retain talented teachers ing out for their children’s academic I wish to express my sincere grati- and school counselors. I have enjoyed a won- achievement as well as their emotional tude to all school counselors, not only derful working relationship with school coun- well-being. from my home State of Florida but selors in my home State of Rhode Island. I I regret that I don’t have time to also all across this great Nation. I also have seen firsthand the difference that the name every outstanding counselor in wish to thank the Representative from quality school counselors in our State are my district or across the country. California (Ms. LINDA T. SA´ NCHEZ) and making in our children’s lives and understand There are just so many who every day the Representative from Michigan (Mr. the tremendous need for the training and go above and beyond the job descrip- EHLERS) for bringing forth this resolu- placement of more of these professionals in tion to help students achieve academic tion today. our schools. success and plan for a bright future. I urge all my colleagues to support We must make sure that our school coun- One other thing prevents me from it. selors have the resources necessary to help naming more counselors who have Madam Speaker, I yield back the bal- our children, and that is why I am a strong made a difference in the lives of their ance of my time. proponent of increasing funding for the Ele- students, and that’s the fact that there Ms. LINDA T. SA´ NCHEZ of Cali- mentary and Secondary School Counseling aren’t nearly enough of them. Nation- fornia. Madam Speaker, I appreciate Program—one of the programs that No Child wide, the average student-to-counselor my colleague for his support of this Left Behind promised to expand. Funding from ratio is 476–1, almost double the 250–1 resolution. I would urge all my col- this program helps to ensure that all school recommended ratio. In California, un- leagues to support House Resolution districts have the ability to retain talented fortunately this ratio is a dismal 920–1. 932. teachers and school counselors. However, de- While today’s resolution is a great Mr. TOWNS. Madam Speaker, I rise today spite this promise, school counselors and start, to truly honor the work of coun- in support of H Res. 932, Honoring National other advocates have had to fight hard to

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SA´ NCHEZ) that the House sus- cials, victim service and human service While we designate one week to honor our pend the rules and agree to the resolu- agencies, nonprofits, and others should rec- school counselors, let us pledge to help them tion, H. Res. 932. ognize the need to increase awareness of the rest of the year with the resources they The question was taken; and (two- stalking and the availability of services for need—and deserve. thirds being in the affirmative) the stalking victims; and Mr. HONDA. Madam Speaker, I rise today rules were suspended and the resolu- (2) the House of Representatives urges na- tion was agreed to. tional and community organizations, busi- in support of H. Res. 932. nesses in the private sector, and the media This resolution signifies Congress’s appre- A motion to reconsider was laid on the table. to promote awareness of the crime of stalk- ciation for the critical work school counselors ing through National Stalking Awareness do to provide students and their families with f Month. guidance and support, both academic and NATIONAL STALKING AWARENESS The SPEAKER pro tempore. Pursu- emotional, toward obtaining a higher education MONTH ant to the rule, the gentleman from and entrance into the workforce. Virginia (Mr. SCOTT) and the gen- In his 2008 budget, President Bush pro- Mr. SCOTT of Virginia. Madam Speaker, I move to suspend the rules tleman from Texas (Mr. SMITH) each posed eliminating federal support for elemen- will control 20 minutes. tary and secondary school counselors. Under and agree to the resolution (H. Res. 852) raising awareness and encouraging The Chair recognizes the gentleman Democratic leadership, the President’s pro- from Virginia. posal was wisely rejected and this Congress prevention of stalking by establishing January 2008 as ‘‘National Stalking GENERAL LEAVE provided nearly $14 million of additional sup- Mr. SCOTT of Virginia. Madam port to school counseling programs, for a total Awareness Month,’’ as amended. The Clerk read the title of the resolu- Speaker, I ask unanimous consent that of over $48 million. I am proud of this accom- tion. all Members have 5 legislative days to plishment, but feel there is still more to be The text of the resolution is as fol- revise and extend their remarks and to done to meet the needs of our children. lows: include extraneous material on the bill In California, eight in nine high school stu- H. RES. 852 under consideration. dents attend a school with fewer counselors The SPEAKER pro tempore. Is there than the national average. This makes Cali- Whereas an estimated 1,006,970 women and 370,990 men are stalked annually in the objection to the request of the gen- fornia the State with the highest counselor to United States and, in the majority of such tleman from Virginia? student ratio in the Nation; over two times the cases, the person is stalked by someone who There was no objection. School Counseling Association’s suggested is not a stranger; Mr. SCOTT of Virginia. Madam ratio. Students attending intensely segregated Whereas 81 percent of women, who are Speaker, I yield myself such time as I minority schools are most likely to attend stalked by an intimate partner, are also may consume. schools with fewer counselors than the na- physically assaulted by that partner, and 76 Madam Speaker, today I rise in sup- tional average. Addressing the school coun- percent of women, who are killed by an inti- port of H. Res. 852, joining the strong selor deficit is a critical component of closing mate partner, were also stalked by that inti- bipartisan effort to raise awareness in mate partner; the achievement gap that plagues our Nation. Whereas 74.2 percent of stalking victims the toll that stalking takes on our so- As we reflect on the vital role counselors reported that the stalking partner interfered ciety. Every year, stalking affects ap- play in the lives of our children, we should re- with their employment, 26 percent of stalk- proximately 1.4 million Americans of member that investing in our schools is an in- ing victims lose time from work as a result both genders, all races, ages, sexual vestment in our future; it is the best invest- of their victimization, and 7 percent never orientation, disabilities, and economic ment our country can make. return to work; status. School counselors create pathways to suc- Whereas stalking victims are forced to The consequences of stalking are se- cess and H. Res. 932 will ensure our Nation take drastic measures to protect themselves, rious. Stalking can paralyze the victim comes together this February to recognize such as relocating, changing their addresses, with fear, which is well founded, be- changing their identities, changing jobs, and their vital contributions. obtaining protection orders; cause stalking often leads to physical Mr. EHLERS. Madam Speaker, I rise in sup- Whereas stalking is a crime that cuts attacks from the victim. Indeed, the port of House Resolution 932 to express sup- across race, culture, gender, age, sexual ori- overwhelming majority of States, the port for school counselors and the designation entation, physical and mental ability, and District of Columbia, and the Federal of the week of February 4 through 8, 2008, as economic status; Government not only recognize stalk- ‘‘National School Counseling Week.’’ Whereas stalking is a crime under Federal ing as a crime, but categorize it as a I thank Representative LINDA SA´NCHEZ for law and under the laws of all 50 States and felony. introducing this timely resolution and for allow- the District of Columbia; Stalkers cause their victims severe Whereas rapid advancements in technology ing me to collaborate with her on it. I also have made cyber-surveillance the new fron- emotional distress, including anxiety, thank the many Members of Congress that de- tier in stalking; insomnia, social dysfunction and de- cided to cosponsor this resolution, especially Whereas there are national organizations, pression, all of which can affect all as- Chairman MILLER and Ranking Republican local victim service organizations, prosecu- pects on a person’s life, including fam- MCKEON. tors’ offices, and police departments that ily, social activities and work. In fact, School counselors are instrumental in help- stand ready to assist stalking victims and the emotional distress is so disabling ing our students face daily challenges. They who are working diligently to craft com- that 11 percent of stalking victims help develop well-rounded students by guiding petent, thorough, and innovative responses have been forced to relocate their them through their academic, personal, social, to stalking; Whereas there is a need to enhance the homes, 30 percent report seeking psy- and career development. criminal justice system’s response to stalk- chological counseling, and 74 percent School counselors also play a vital role in ing and stalking victims, including aggres- report being stalked in a way that ensuring that students are prepared for their sive investigation and prosecution; and interferes with their employment. future. They may encourage students to pur- Whereas the House of Representatives Of course, the ultimate threat of sue challenging academic courses to prepare urges the establishment of January 2008 as stalking is to the victim’s very life. them for college majors and careers in National Stalking Awareness Month: Now, Over 75 percent of women murdered science, technology, engineering, and mathe- therefore, be it by an intimate partner had been Resolved, That— stalked by that partner, and 54 percent matics fields. (1) it is the sense of the House of Rep- I certainly recognize that school counselors resentatives that— of female murder victims had reported contribute to the success of students in our (A) National Stalking Awareness Month being stalked to police before being schools, and I encourage all Members to join provides an opportunity to educate the peo- killed by their stalkers. With the rapid me in supporting this resolution. ple of the United States about stalking; advancements in technology, stalkers

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Kathleen had been on the track Res. 852 and recognizing January 2008 As the cochairman and founder of the team, I think it was UCLA at the time. as National Stalking Awareness Congressional Victims Rights Caucus, She did not even know her stalker, but Month. and my experience as a prosecutor and he became obsessed with this young Madam Speaker, I reserve the bal- a judge, I had met with countless vic- woman. Throughout college, through- ance of my time. tims and victim service providers out her career, he managed to stalk Mr. SMITH of Texas. Madam Speak- about the dangers of stalking. and attempt to apprehend her. Time er, I yield myself such time as I may Unfortunately, stalking is not an iso- after time, there was nothing law en- consume. lated occurrence. Two-thirds of the forcement could do except to really Madam Speaker, I support House stalkers pursue their victims at least say, well, until he catches you, our Resolution 852 and commend the spon- once a week, sometimes daily. Victims hands are tied. sor of this legislation, my friend and often feel that there is no safe place for We had one period of time in 6 weeks Texas colleague, Representative TED them to go, no safe place to hide, not when four different young women, all POE, for his dedication and commit- even in their homes. Stalking forces known to law enforcement, all believed ment to this issue. victims to relocate, lose their jobs, and to be in danger in Orange County, Cali- The goal of this resolution is to raise cycle into severe depression and anx- fornia, were all killed. In law enforce- awareness and encourage prevention of iety. Some victims live in quiet, des- ment, one of the officers told me, The stalking by establishing January 2008 perate lives of fear. worst thing for me personally that I as National Stalking Awareness With today’s advanced technology, have ever had to do with this job was Month. protecting Americans from stalking is to convey to her that our hands were Stalking, conduct intended to instill even more challenging. Stalkers have a tied until she was attacked. fear in a victim, is a crime that occurs wide range of technologies to pursue on He said, As a matter of fact, I was in every State in our Nation. Stalkers their victims. They use cell phones. waiting to try to apprehend her stalker pursue and harass victims and, in some They use fax machines, computer in the act of the attack, but, unfortu- cases, use the Internet to cyberstalk spyware, and GPS systems all to track nately, he killed her first, and then he victims. Cyberstalkers can systemati- the victim. The Internet now serves killed himself when I tried to appre- cally flood their target’s e-mail inbox cyberstalkers looking for a place to hend him. with obscene, hateful, or threatening threaten and harass. Even pedophiles Well, with Kathleen Gallagher’s case, messages. on the prowl use cyberstalking for this finally ended. I had gotten a note Cyberstalkers may also assume the their next victim. from her father about what she had identity of their victim and post infor- Stalking rates are on the rise be- been through in her life. This finally mation, fictitious or not, to solicit un- cause of the new technologies in the ended on a porch in which he held her wanted responses from others. Al- Internet. Stalking has only been at knifepoint until she finally managed though cyberstalking does not involve criminalized in our country for 28 to get away. But because he hadn’t physical contact with the victim, it is years. California was the first State to drug her more than 800 feet, it was not still a serious crime. The widespread make stalking a crime. Like domestic an act of him trying to kidnap her use of the Internet and the ease with violence, stalking is about power, in- under the law. which hackers can find personal infor- timidation, and control over the vic- So looking at what had to be done, mation has made this form of stalking tim. clearly, we had to take the action of more accessible. While stalking is now a crime in stalking, define it as a crime in and of According to the National Center for every State and the District of Colum- itself so that law enforcement could Victims of Crime, over 1 million bia and the Federal Government, stalk- then intervene in these cases and tell a women and almost 400,000 men are ing often leads to other crimes, includ- young man, Listen, these acts of stalked each year in the United States. ing physical assault, sexual assault, threatening to kill your victim, telling In fact, most victims, 77 percent of and murder. Stalking laws are basic to her, if you can’t have her, nobody can, women and 64 percent of men, know the individual right to be left alone and threatening her in this way is now a their stalkers. These statistics are a the right of privacy. felony. jarring reminder of the scope and seri- The best way to attack the threat of That’s what we did in California. ousness of this crime. stalking is through law enforcement Many other States picked this up. In By establishing January 2008 as Na- and education. 1996, I introduced the Interstate Stalk- tional Stalking Awareness Month, Con- I encourage victim service providers, ing Punishment and Prevention Act gress educates Americans about stalk- law enforcement, prosecutors, and here in Congress. We were able to get it ing, recognizes and applauds law en- community leaders to promote aware- through the House and the Senate, and forcement officials and victim service ness of stalking, and I thank them for it was signed by the President. providers for their efforts to combat their efforts in making life better for But what I wanted to share with the stalking, and increases awareness of victims. Members is that we have talked a little services available to stalking victims. Mr. SMITH of Texas. Madam Speak- bit today about the 1.4 million victims Madam Speaker, I urge colleagues to er, I yield 4 minutes to my friend from every year. But this act is now law in support this bill, and I reserve the bal- California (Mr. ROYCE) who is the origi- countries, in Europe; it’s now law in ance of my time. nal author of the Interstate Stalking Japan. My office has been contacted Mr. SCOTT of Virginia. Madam Punishment and Prevention Act. over the years by many, many govern- Speaker, I reserve the balance of my Mr. ROYCE. Madam Speaker, I rise ments overseas, many legislators, par- time. in support of this resolution. I was the liamentarians who have said, We have Mr. SMITH of Texas. Madam Speak- author of both the California law that this same phenomenon in our own er, I recognize my colleague and friend first criminalized the act of stalking, country. If we gave law enforcement from Texas, the author of this resolu- first made it a felony, and then the this ability to intercede in advance, we tion, Mr. POE. Federal law some years later in 1996, could protect the lives of many, many Mr. POE. I want to thank the gen- which proceeded to do the same thing. victims. tleman from Texas for yielding. I thought I would share with the So I just wanted to share with the Madam Speaker, as the sponsor of Members here some of the experiences Members here a little bit of the history the 2008 National Stalking Awareness of some of the victims that have gone of the act. I would like to take this op- Month resolution, I hope this resolu- through this particularly hellish night- portunity also to recognize Colleen tion serves as a unifying force for com- mare of stalking. The case that I think Campbell, along with some of the other

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H424 CONGRESSIONAL RECORD — HOUSE January 23, 2008 Orange County victims’ rights groups saulted. One out of every five stalking Sec. 5. Effective treatment of female offend- that worked over the years to get vic- cases involves the use of a weapon, and ers with mental illnesses. tims the rights they deserve. They one-third of stalkers are repeat offend- Sec. 6. Grants to expand capabilities and ef- fectiveness of correctional worked on this particular act and also ers. They have done it before. agency identification and treat- on proposition 115 out in California, These statistics indicate that stalk- ment plans for mentally ill of- the Crime Victims/Speedy Trial Initia- ing is not as harmless as some would fenders. tive, which I cochaired and which was lead us to believe in the movies or on Sec. 7. Statewide planning grants to im- passed overwhelmingly by the voters in television shows. We must continue to prove treatment of mentally ill our State. bring attention to the dangers stalkers offenders. One of my hopes is that we can follow pose in our communities and the serv- Sec. 8. Improving the mental health courts grant program. this up with Federal law at some point ices and the resources available to re- Sec. 9. Study and report on prevalence of in time that does more than just put it spond and address this criminal activ- mentally ill offenders. in statute but that puts into the Con- ity. Passage of H. Res. 852 is an impor- SEC. 2. FINDINGS. stitution some of these basic rights. tant step in accomplishing this goal. Congress finds the following: But, in the meantime, the fact that I thank the gentleman from Texas (1) Communities nationwide are struggling we are establishing January as Na- (Mr. POE) and the gentleman from to respond to the high numbers of people tional Stalking Awareness Month gives Texas (Mr. SMITH) and the gentleman with mental illnesses involved at all points in the criminal justice system. us the opportunity to get the word out from Virginia (Mr. SCOTT) for their (2) A 1999 study by the Department of Jus- to young people, to those who are vic- leadership on this issue. I encourage tice estimated that 16 percent of people in- tims of obsessed stalkers, that there is my colleagues to support this resolu- carcerated in prisons and jails in the United a place they can turn to for help, and tion. States, which is more than 300,000 people, to remind law enforcement, and I wish Mr. SMITH of Texas. Madam Speak- suffer from mental illnesses. we did more to train law enforcement er, I have no other speakers, and I yield (3) Rates of mental illness among women in this particular area because I think back the balance of my time. in jail are almost twice that of men. there is a lot they can do to intercede, Mr. SCOTT of Virginia. Madam (4) Los Angeles County Jail and New but to remind them of the ability to Speaker, I thank my colleagues for York’s Rikers Island jail complex hold more people with mental illnesses than the largest step in and remind those young, ob- their leadership on this issue and I psychiatric inpatient facilities in the United sessed people who are threatening the urge the House to support this impor- States. life of someone, threatening someone tant legislation. (5) State prisoners with a mental health with bodily harm, this is now a felony Madam Speaker, I yield back the bal- problem are twice as likely as those without in the United States of America and ance of my time. a mental health problem to have been home- you can serve 5 years in a Federal peni- The SPEAKER pro tempore. The less in the year before their arrest. tentiary. question is on the motion offered by (6) Reentry planning for inmates with men- the gentleman from Virginia (Mr. tal illnesses is the least frequently endorsed b 1430 mental health service by jail administrators. SCOTT) that the House suspend the Mr. SCOTT of Virginia. Madam SEC. 3. REAUTHORIZATION OF THE ADULT AND rules and agree to the resolution, H. JUVENILE COLLABORATION PRO- Speaker, I reserve the balance of my Res. 852, as amended. GRAM GRANTS. time. The question was taken; and (two- (a) AUTHORIZATION OF APPROPRIATIONS Mr. SMITH of Texas. Madam Speak- thirds being in the affirmative) the THROUGH 2014.—Section 2991(h) of title I of er, I yield 3 minutes to the gentleman rules were suspended and the resolu- the Omnibus Crime Control and Safe Streets from Ohio (Mr. CHABOT) who is a senior tion, as amended, was agreed to. Act of 1968 is amended— distinguished member of the Judiciary A motion to reconsider was laid on (1) in paragraph (1), by striking ‘‘and’’; (2) in paragraph (2), by striking ‘‘for fiscal Committee. the table. Mr. CHABOT. Madam Speaker, I rise years 2006 through 2009.’’ and inserting ‘‘for f each of the fiscal years 2006 through 2007; in support of H. Res. 852, a resolution MENTALLY ILL OFFENDER TREAT- and’’; and which establishes January 2008 as Na- (3) by adding at the end the following new tional Stalking Awareness Month. And MENT AND CRIME REDUCTION paragraph: I thank the gentleman from Texas (Mr. REAUTHORIZATION AND IM- ‘‘(3) $75,000,000 for each of the fiscal years POE) for his leadership on this issue. I PROVEMENT ACT OF 2008 2008 through 2014.’’. also thank the ranking member, the Mr. SCOTT of Virginia. Madam (b) ALLOCATION OF FUNDING FOR ADMINIS- TRATIVE PURPOSES.—Section 2991(h) of such gentleman from Texas (Mr. SMITH) for Speaker, I move to suspend the rules his leadership, as well as the gen- title is further amended— and pass the bill (H.R. 3992) to amend (1) by redesignating paragraphs (1), (2), and tleman from Virginia (Mr. SCOTT). title I of the Omnibus Crime Control (3) (as added by subsection (a)(3)) as subpara- Last year, 2007 represented the first and Safe Streets Act of 1968 to provide graphs (A), (B), and (C), respectively; national effort to recognize January as grants for the improved mental health (2) by striking ‘‘There are authorized’’ and National Stalking Awareness Month. I treatment and services provided to of- inserting ‘‘(1) IN GENERAL.—There are au- would encourage all of my colleagues fenders with mental illnesses, and for thorized’’; and to continue their support for this reso- other purposes, as amended. (3) by adding at the end the following new lution since stalking is much more paragraph: The Clerk read the title of the bill. ‘‘(2) ALLOCATION OF FUNDING FOR ADMINIS- dangerous than many people believe it The text of the bill is as follows: TRATIVE PURPOSES.—For fiscal year 2008 and is. H.R. 3992 each subsequent fiscal year, of the amounts Unlike the glamorized stalking Be it enacted by the Senate and House of Rep- authorized under paragraph (1) for such fis- scenes depicted in some Hollywood resentatives of the United States of America in cal year, the Attorney General may obligate movies, in reality stalking is dan- Congress assembled, not more than 3 percent for the administra- tive expenses of the Attorney General in car- gerous and considered a criminal act in SECTION 1. SHORT TITLE; TABLE OF CONTENTS. rying out this section for such fiscal year.’’. all 50 States and in the District of Co- (a) SHORT TITLE.—This Act may be cited as lumbia and by the Federal Govern- (c) NO MINIMUM ALLOCATION.—Section 2991 the ‘‘Mentally Ill Offender Treatment and of such title is further amended by striking ment. More than 1.4 million Americans Crime Reduction Reauthorization and Im- subsection (g) and redesignating subsection are victims of stalkers in this country provement Act of 2008’’. (h) as subsection (g). every year. Stalking victims are both (b) TABLE OF CONTENTS.—The table of con- (d) ADDITIONAL APPLICATIONS RECEIVING men and women from all socio- tents for this Act is as follows: PRIORITY.—Subsection (c) of such section is economic backgrounds, and they are Sec. 1. Short title; table of contents. amended to read as follows: often stalked by intimate partners. Sec. 2. Findings. ‘‘(c) PRIORITY.—The Attorney General, in Additional statistics released by the Sec. 3. Reauthorization of the Adult and Ju- awarding funds under this section, shall give venile Collaboration Program priority to applications that— National Center for Victims of Crime Grants. ‘‘(1) promote effective strategies by law en- are even more disturbing. These statis- Sec. 4. Law enforcement response to men- forcement to identify and to reduce risk of tics reveal that 81 percent of female tally ill offenders improvement harm to mentally ill offenders and public stalking victims are also physically as- grants. safety;

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‘‘(2) promote effective strategies for identi- (b) CONFORMING AMENDMENT.—Such part is are released from correctional facilities and fication and treatment of female mentally ill further amended by amending the part head- reenter the community. offenders; or ing to read as follows: ‘‘PART HH—GRANTS ‘‘(5) To provide for housing options for in- ‘‘(3)(A) demonstrate the strongest commit- TO IMPROVE TREATMENT OF OFFENDERS dividuals with mental illnesses who reenter ment to ensuring that such funds are used to WITH MENTAL ILLNESSES’’. the community that provide support for the promote both public health and public safe- SEC. 5. EFFECTIVE TREATMENT OF FEMALE OF- unique needs of such individuals. ty; FENDERS WITH MENTAL ILLNESSES. ‘‘(6) To continue and improve— ‘‘(B) demonstrate the active participation Part HH of title I of the Omnibus Crime ‘‘(A) mental health programs provided at of each co-applicant in the administration of Control and Safe Streets Act of 1968, as correctional facilities within the respective the collaboration program; amended by section 4, is further amended by jurisdiction; or ‘‘(C) document, in the case of an applica- adding at the end the following new section: ‘‘(B) alternative programs to incarceration tion for a grant to be used in whole or in part ‘‘SEC. 2993. GRANTS FOR THE EFFECTIVE TREAT- for individuals with mental illnesses. to fund treatment services for adults or juve- MENT OF FEMALE OFFENDERS WITH ‘‘(7) To support the development of com- niles during periods of incarceration or de- MENTAL ILLNESSES. munity crisis services that are for individ- tention, that treatment programs will be ‘‘(a) AUTHORIZATION.—The Attorney Gen- uals who are at risk of arrest or incarcer- available to provide transition and re-entry eral is authorized to make grants to States, ation and which are designed to prevent or services for such individuals; and units of local government, Indian tribes, and mitigate a crisis by assessing the individual ‘‘(D) have the support of both the Attorney tribal organizations to provide any of the and crisis involved, providing supportive General and the Secretary.’’. following services, with respect to a female counseling to the individual, and referring SEC. 4. LAW ENFORCEMENT RESPONSE TO MEN- offender with a mental illness: the individual to appropriate community TALLY ILL OFFENDERS IMPROVE- ‘‘(1) Mental health treatment. services to stabilize the individual’s condi- MENT GRANTS. ‘‘(2) Intensive case management services tion and prevent arrest or incarceration, re- (a) IN GENERAL.—Part HH of title I of the that are coordinated and designed to provide spectively. Omnibus Crime Control and Safe Streets Act the range of services needed to address treat- ‘‘(8) To support forensic assertive commu- of 1968 is further amended by adding at the ment or assistance needs of the offender, nity treatment teams for individuals with end the following new section: with respect to any criminal behavior, sub- serious mental illnesses (as defined for pur- ‘‘SEC. 2992. LAW ENFORCEMENT RESPONSE TO stance abuse, psychological abuse, physical poses of title V of the Public Health Service MENTALLY ILL OFFENDERS IM- Act) who reenter prison. PROVEMENT GRANTS. abuse, housing, employment, and medical ‘‘(9) To provide for integrated mental ‘‘(a) AUTHORIZATION.—The Attorney Gen- needs. health treatment and substance abuse treat- eral is authorized to make grants to States, ‘‘(3) In the case that the offender has a ment. units of local government, Indian tribes, and child, family support services needed to en- tribal organizations for the following pur- sure the maintenance of a relationship be- ‘‘(10)(A) To designate staff to assist in- poses: tween the offender and such child. mates of correctional facilities within the respective jurisdiction, in— ‘‘(1) TRAINING PROGRAMS.—To provide for ‘‘(4) Related mental health services for any programs that offer law enforcement per- children of the offender, as needed. ‘‘(i) identifying benefits for which they sonnel specialized and comprehensive train- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— may be eligible; and ing in procedures to identify and respond ap- There are authorized to be appropriated to ‘‘(ii) collecting necessary supporting mate- propriately to incidents in which the unique the Department of Justice to carry out this rials (including medical records) and making needs of individuals with mental illnesses section $5,000,000 for each of the fiscal years applications for income support, health care, are involved. 2008 through 2014.’’. food stamps, veterans’ benefits, TANF, or ‘‘(2) RECEIVING CENTERS.—To provide for SEC. 6. GRANTS TO EXPAND CAPABILITIES AND other benefit programs. the development of specialized receiving cen- EFFECTIVENESS OF CORRECTIONAL ‘‘(B) To contract with local community ters to assess individuals in the custody of AGENCY IDENTIFICATION AND mental health entities to perform the activi- law enforcement personnel for mental health TREATMENT PLANS FOR MENTALLY ties described in clauses (i) and (ii) of sub- ILL OFFENDERS. and substance abuse treatment needs. paragraph (A). Part HH of title I of the Omnibus Crime ‘‘(3) IMPROVED TECHNOLOGY.—To provide for ‘‘(11) To work with the necessary agencies Control and Safe Streets Act of 1968, as computerized information systems (or to im- and entities for transition planning for such amended by sections 4 and 5, is further prove existing systems) to provide timely in- inmates reentering the community, includ- amended by adding at the end the following formation to law enforcement personnel and ing any needed applications and paperwork. new section: criminal justice system personnel to im- ‘‘(12) To assist such inmates to obtain, or if prove the response of such respective per- ‘‘SEC. 2994. GRANTS TO EXPAND CAPABILITIES necessary create and prepare, photo identi- sonnel to mentally ill offenders. AND EFFECTIVENESS OF CORREC- fication documents for use upon release. TIONAL FACILITY IDENTIFICATION ‘‘(4) COOPERATIVE PROGRAMS.—To provide ‘‘(13) To create links with local community AND TREATMENT PLANS FOR MEN- mental health providers for case manage- for the establishment and expansion of coop- TALLY ILL OFFENDERS. ment services for inmates prior to their re- erative efforts by criminal and juvenile jus- ‘‘(a) AUTHORIZATION.—The Attorney Gen- lease from a correctional facility in order to tice agencies and mental health agencies to eral is authorized to make grants to States, link them with housing, employment, and promote public safety through the use of ef- units of local government, Indian tribes, and other key services and benefits. fective interventions with respect to men- tribal organizations in accordance with this tally ill offenders. ‘‘(b) REQUIREMENTS FOR APPLICATION.—To section for any of the following purposes: be eligible to receive a grant under sub- ‘‘(5) CAMPUS SECURITY PERSONNEL TRAIN- ‘‘(1) To provide correctional facilities with- section (a) for a given fiscal year, an entity ING.—To provide for programs that offer in the respective jurisdiction with the capac- described in such subsection shall submit to campus security personnel training in proce- ity (or improved capacity), with respect to the Attorney General an application in such dures to identify and respond appropriately inmates of such facilities who have mental form and manner and at such time as speci- to incidents in which the unique needs of in- illnesses, to— fied by the Attorney General. In addition to dividuals with mental illnesses are involved. ‘‘(A) assess the clinical and social needs of any other information specified by the At- ‘‘(b) BJA TRAINING MODELS.—For purposes such inmates and the extent to which such torney General, such application shall con- of subsection (a)(1), the Director of the Bu- inmates pose any public safety risks to the tain the following information: reau of Justice Assistance shall develop community; ‘‘(1) The number and percentage of offend- training models for training law enforce- ‘‘(B) plan for and provide treatment and ment personnel in procedures to identify and ers in prisons, jails, and juvenile facilities services to address the unique needs of such during the previous year— respond appropriately to incidents in which inmates; the unique needs of individuals with mental ‘‘(A) who were in the custody of the juris- ‘‘(C) identify and coordinate with commu- illnesses are involved. diction involved; nity and correctional programs responsible ‘‘(c) MATCHING FUNDS.—The Federal share ‘‘(B) who required mental health treat- of funds for a program funded by a grant re- for post-release services; and ment; and ceived under this section may not exceed 75 ‘‘(D) coordinate the transition plans for ‘‘(C) for whom the prison, jail, or juvenile percent of the costs of the program unless such inmates to ensure the implementation facility involved provided such treatment. the Attorney General waives, wholly or in of such plans and to avoid gaps in care with ‘‘(2) A good faith estimate of the number part, such funding limitation. The non-Fed- community-based services. and percentage of offenders in prisons, jails, eral share of payments made for such a pro- ‘‘(2) To provide for the standardization of and juvenile facilities who are predicted to gram may be made in cash or in-kind, fairly screening and assessment practices to iden- meet the criteria described in each of sub- evaluated, including planned equipment or tify inmates with mental illnesses. paragraphs (A), (B), and (C) of paragraph (1) services. ‘‘(3) To provide for local task forces to during such year, if the entity receives such ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— identify essential community services for in- grant for such year. There are authorized to be appropriated to mates with mental illnesses upon the re- ‘‘(c) ALLOCATION OF GRANT AMOUNTS BASED the Department of Justice to carry out this entry of such inmates into the community. ON MENTAL HEALTH TREATMENT PERCENT section $10,000,000 for each of the fiscal years ‘‘(4) To coordinate planning for the transi- DEMONSTRATED.—In allocating grant 2008 through 2014.’’. tion of inmates with mental illnesses who amounts under this section, the Attorney

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General shall base the amount allocated to and prison populations, would potentially GENERAL LEAVE an entity for a fiscal year on the percent of generate savings to the State or other appli- Mr. SCOTT of Virginia. Madam offenders described in subsection (b) to cable jurisdiction. Speaker, I ask unanimous consent that whom the entity provided mental health ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— treatment in the previous fiscal year, as There are authorized to be appropriated all Members may have 5 legislative demonstrated by the entity in its application $10,000,000 to carry out this section for each days to revise and extend their re- under such subsection. of the fiscal years 2008 through 2013.’’. marks and include extraneous material ‘‘(d) TECHNICAL ASSISTANCE.—The Attorney SEC. 8. IMPROVING THE MENTAL HEALTH on the bill under consideration. General may provide technical assistance to COURTS GRANT PROGRAM. The SPEAKER pro tempore. Is there any entity awarded a grant under this sec- (a) REAUTHORIZATION OF THE MENTAL objection to the request of the gen- tion to establish or expand mental health HEALTH COURTS GRANT PROGRAM.—Section tleman from Virginia? treatment services under this section if such 1001(a)(20) of title I of the Omnibus Crime There was no objection. entity does not have any (or has only a few) Control and Safe Streets Act of 1968 (42 prisons, jails, or juvenile facilities that offer U.S.C. 3793(a)(20)) is amended by striking Mr. SCOTT of Virginia. Madam such services. ‘‘fiscal years 2001 through 2004’’ and inserting Speaker, I yield myself such time as I ‘‘(e) REPORTS.—An entity that receives a ‘‘fiscal years 2008 through 2014’’. may consume. grant under subsection (a) during a fiscal (b) ADDITIONAL GRANT USES AUTHORIZED.— Madam Speaker, I rise in support of year shall, not later than the last day of the Section 2201 of such title (42 U.S.C. 3796ii) is H.R. 3992, the Mentally Ill Offender following fiscal year, submit to the Attorney amended— General a report that describes and assesses Treatment and Crime Reduction Reau- (1) in paragraph (1) at the end, by striking thorization and Improvement Act of the uses of such grant. ‘‘and’’; ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 2007. Since the 1960s, State mental (2) in paragraph (2) at the end, by striking There are authorized to be appropriated to the period and inserting a semicolon; and health hospitals have increasingly re- the Department of Justice to carry out this (3) by adding at the end the following new duced their populations of mentally ill section $10,000,000 for each of the fiscal years paragraphs: individuals in response to a nationwide 2008 through 2014.’’. ‘‘(3) pretrial services and related treatment call for deinstitutionalization. SEC. 7. STATEWIDE PLANNING GRANTS TO IM- programs for offenders with mental illnesses; PROVE TREATMENT OF MENTALLY The move toward deinstitutionaliza- ILL OFFENDERS. and tion was based on the fact that men- Part HH of title I of the Omnibus Crime ‘‘(4) developing, implementing, or expand- tally ill individuals are constitu- ing programs that are alternatives to incar- Control and Safe Streets Act of 1968, as tionally entitled to refuse treatment, amended by sections 4, 5, and 6, is further ceration for offenders with mental ill- nesses.’’. or at least to have it provided in the amended by adding at the end the following least restrictive environment. Unfortu- new section: SEC. 9. STUDY AND REPORT ON PREVALENCE OF nately, neither the local governments ‘‘SEC. 2995. PLANNING GRANTS TO IMPROVE MENTALLY ILL OFFENDERS. TREATMENT OF MENTALLY ILL OF- (a) STUDY.—The Attorney General shall for the States nor the Federal Govern- FENDERS. provide for a study of the following: ment have invested the necessary re- ‘‘(a) AUTHORIZATION.—The Attorney Gen- (1) The rate of occurrence of serious men- sources to meet the needs for commu- eral is authorized to carry out a grant pro- tal illnesses in each of the following popu- nity-based mental health treatment gram under which the Attorney General lations: and services created and needed by de- (A) Individuals, including juveniles, on makes grants to States, units of local gov- institutionalization. ernment, territories, and Indian tribes for probation. the following purposes, with respect to the (B) Individuals, including juveniles, incar- A 2006 report by the United States treatment of offenders with mental illnesses: cerated in a jail. Department of Justice Bureau of Jus- ‘‘(1) To facilitate the coordination of treat- (C) Individuals, including juveniles, incar- tice Statistics entitled ‘‘Mental Health ment and services provided for such offend- cerated in a prison. Problems of Prison and Jail Inmates’’ ers by the State and other units of govern- (D) Individuals, including juveniles, on pa- suggests that the criminal justice sys- ment located within the State (including role. tem has become, by default, the pri- local, territorial, and tribal). (2) For each population described in para- mary caregiver of the most seriously ‘‘(2) To provide for a State administrator graph (1), the percentage of individuals with (or other appropriate jurisdictional adminis- serious mental illnesses who, at the time of mentally ill individuals. The bureau re- trator) to coordinate such treatment and the arrest, are eligible to receive supple- ports that over one-half of the prison services provided within the State (or other mental security income benefits, social secu- and jail population of this country is jurisdiction). rity disability insurance benefits, or medical mentally ill. More specifically, 56 per- ‘‘(3) To develop a comprehensive plan for assistance under a State plan for medical as- cent of State prisoners, 45 percent of the provision of such treatment and services sistance under title XIX of the Social Secu- Federal prisoners, and 64 percent of jail to such offenders within such State. rity Act. inmates have some degree of mental ‘‘(4) To establish a coordinating center, (3) For each such population, with respect illness. with respect to a State, to— to a year, the percentage of individuals with ‘‘(A) facilitate the sharing of information serious mental illnesses who— The National Alliance for the Men- related to such treatment and services for (A) were homeless (as defined in section 103 tally Ill reports that, on any given day, such offenders among the jurisdictions lo- of the McKinney-Vento Homeless Assistance there are at least 284,000 seriously men- cated in such State; and Act (42 U.S.C. 11302)) at the time of arrest; tally ill people in hospitals and jails in ‘‘(B) promote evidence-based practices for and this country, such as people suffering purposes of providing such treatment and (B) were homeless (as so defined) during from schizophrenia, bipolar disorder, or services. any period in the previous year. serious depression. However, only ‘‘(b) APPLICATION.— (b) REPORT.—Not later than 18 months 187,000 of them are in mental health fa- ‘‘(1) IN GENERAL.—To be eligible to receive after the date of the enactment of this Act, a grant under this section, an entity de- the Attorney General shall submit to Con- cilities. This issue is of particular con- scribed in subsection (a) shall submit to the gress a report on the results of the study cern in Virginia, my home State. Attorney General an application, in such under subsection (a). In August of 2007, the Virginia Gen- form and manner and at such time as speci- (c) DEFINITION OF SERIOUS MENTAL ILL- eral Assembly’s Joint Legislative fied by the Attorney General, which shall in- NESS.—For purposes of this section, the term Audit and Review Commission released clude a proposal that describes how— ‘‘serious mental illness’’ has the meaning a 200-page report on the state of mental ‘‘(A) the grant will be used to fund mental given such term for purposes of title V of the health services in Virginia. The report health treatment and services for jail and Public Health Service Act. revealed a number of disturbing facts, prison populations that are identified as sav- (d) AUTHORIZATION OF APPROPRIATIONS.— ings populations for such entity; and There are authorized to be appropriated to among them that there are more peo- ‘‘(B) any savings accruing to the State or carry out this section $2,000,000 for fiscal ple with mental illness behind bars in other applicable jurisdiction from providing year 2009. Virginia than there are in mental such population with such treatment and The SPEAKER pro tempore. Pursu- health facilities, with hospital care ac- services would be used to increase the avail- ant to the rule, the gentleman from counting for only a fraction of the ability and accessibility of community-based Virginia (Mr. SCOTT) and the gen- needs of our State’s estimated 400,000 mental health services. MITH mentally ill individuals in Virginia. ‘‘(2) SAVINGS POPULATION.—For purposes of tleman from Texas (Mr. S ) each paragraph (1), the term ‘savings population’ will control 20 minutes. Since deinstitutionalization in Vir- means a population that, if in receipt of The Chair recognizes the gentleman ginia, the daily number of mentally ill mental health treatment and services for jail from Virginia. adults in State hospitals has dropped

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H427 from 11,532 to 1,452, a drop of 87 per- Despite common misconceptions, the THOMAS STICKRATH, cent. Of the 6,350 mentally ill individ- majority of mentally ill people who are Director. Ohio Depart- uals in hospitals and jails on a given arrested and incarcerated are low- ment of Youth Serv- day, 60 percent were actually in jails level, nonviolent offenders. These pro- ice. SHARON KELLER, because regional mental health facili- grams will help jurisdictions to assist Presiding Judge, Court ties are not providing inpatient mental mentally ill persons and help keep of Criminal Appeals, health services. them from unnecessarily going to jails Texas. Since 1991, the number of psychiatric and prisons. PAT COLLOTON, beds available has dropped by 800, or 31 I urge my colleagues to support the Kansas House of Rep- percent, and the beds that are available bill, and I include for the RECORD a let- resentatives. are concentrated in one area of the ter from the Council of State Govern- Madam Speaker, I reserve the bal- State. In fact, there are no free- ments Justice Center in support of this ance of my time. standing, profitable psychiatric hos- legislation. Mr. SMITH of Texas. Madam Speak- pitals west of Richmond. JUSTICE CENTER, er, I yield myself such time as I may These findings in Virginia are similar THE COUNCIL OF STATE GOVERNMENTS, consume. to those across the Nation that were Bethesda, MD, October 24, 2007. Madam Speaker, I support H.R. 3992, Hon. ROBERT C. SCOTT, discussed at a hearing that we held this Longworth House Office Building, Washington, the Mentally Ill Offender Treatment spring in our subcommittee which re- DC. and Crime Reduction Reauthorization vealed that our criminal justice system Hon. RANDY FORBES, and Improvement Act. is serving as the primary caregiver for Cannon House Office Building, Washington, This legislation addresses the unique our mentally ill individuals. DC. challenges that mentally ill offenders One piece of good news in all of this DEAR CONGRESSMAN SCOTT AND FORBES: On create for our criminal justice system. focus on mental health in the criminal behalf of the Council of State Governments I commend Chairman CONYERS, sub- (CSG) Justice Center, we want to thank you committee Chairman SCOTT, sub- justice system is that mental health for introducing the ‘‘Mentally Ill Offender courts have proven to be a helpful tool Treatment and Crime Reduction Reauthor- committee ranking member GOHMERT, for helping mentally ill individuals in ization and Improvement Act of 2007’’. We and the many advocacy groups for several communities that have such are grateful to you for your leadership and their dedication and hard work to ad- programs. H.R. 3992 will assist further continued support of the program. dress this problem. in this regard. The CSG Justice Center serves all states to Madam Speaker, 16 percent of the First, it will reauthorize the Men- promote effective data-driven practices—par- prison or jail population, or over 1 mil- ticularly in areas in which the criminal jus- lion prisoners, have a serious mental tally Ill Offender Treatment and Crime tice system intersects with other systems, Reduction grant program, increasing such as mental health—to increase public illness. The Los Angeles County Jail the current authorization from $50 mil- safety and strengthen communities. Con- and New York City’s Rikers Island Jail lion to $75 million. It will also reau- sistent with this mission, we have com- house more people with mental ill- thorize the mental health courts pro- mitted for some time to convening and sup- nesses than the largest psychiatric in- gram, and will expand the permissible porting leaders in the criminal justice and patient facilities in the United States. use of funds to include pretrial services mental health systems to improve the crimi- The problem is more than one-fifth of and funding for alternatives to incar- nal justice system’s response to people with jails have no access to any mental mental illness. ceration. Since the authorization of the Mentally Ill health services at all. Additionally, H.R. 3992 creates four Offender Act, the program has helped states Many criminal justice agencies are new grant programs. One will provide and counties design and implement collabo- unprepared to address the treatment grants to States and other law enforce- rative efforts between the criminal justice and needs of individuals with mental ment agencies to help officers learn and mental health systems. The grants can illness. Jails and prisons require extra how to access individuals with mental be used for a broad range of activities, in- staff and treatment resources for in- cluding mental health courts, mental health mates with mental illness. In addition, health illnesses and to work with the and substance abuse treatment for incarcer- local agencies to provide the most ef- ated mentally ill offenders, community re- mentally ill offenders can be affected fective placement for a person in cus- entry services, and cross-training of criminal psychologically by incarceration. tody. justice, law enforcement, and mental health H.R. 3992 represents an innovative Another program will provide grants personnel. and new approach to the challenge of to help correctional agencies learn how As you know, approximately 16 percent of mentally ill criminal offenders. This to identify and screen mentally ill pris- the adult jail and prison population (350,000 legislation is an important step toward individuals) has a serious mental illness, ac- oners so they can get help while incar- cording to a study by the Justice Depart- treating mentally ill offenders in a hu- cerated, or even be placed in alter- ment’s Bureau of Justice Statistics. The mane and appropriate way. natives to incarceration. These grants DOJ also estimates that the prevalence of H.R. 3992 reauthorizes the Mentally will also help correctional services emotional disturbances among youth in our Ill Offender Treatment and Crime Re- plan for reentry into the community. juvenile justice facilities is even higher. duction Act, which encourages early Another program provides grants to Many of these individuals have not been intervention for individuals with men- States to coordinate and improve the charged with violent crimes, but rather low tal illness, reauthorizes the mental treatment of mentally ill offenders, in- level misdemeanors. Treating offenders with health courts program, and maximizes mental illnesses in the community can save cluding facilitating information shar- money by avoiding the high cost-per-day of alternatives to incarceration for non- ing between agencies. The grant will jail and prison stays and expensive psy- violent offenders with mental illness. also encourage States to promote evi- chiatric services during incarceration. The The legislation also encourages dence-based practices to improve treat- Mentally Ill Offender program provides as- training on mental health and sub- ment and services. sistance to states and communities to de- stance abuse issues, establishes new Lastly, a new program will provide velop new—or expand existing—programs State and local planning grants to ad- States and units of local government that can both increase public safety and help dress the needs of mentally ill offend- these individuals return to productive lives. to improve the treatment of female of- We are very grateful for your continued ers, and facilitates communication, fenders with mental illnesses and cre- leadership on this important issue. We look collaboration, and the delivery of sup- ate family support services and inten- forward to working with you in support of port services among justice profes- sive case management. the Mentally Ill Offender Treatment and sionals, related service providers, and The total cost for the new programs Crime Reduction Reauthorization Act. Its governmental partners. will be $35 million for fiscal years 2008 enactment is one of our top federal prior- I urge my colleagues to support this through 2013. That amount is much less ities. legislation. Sincerely, than we are currently spending on in- Mr. CONYERS. Madam Speaker, I rise to MICHAEL FESTA, carcerating mentally ill offenders who Executive Secretary of voice my strong support for the Mentally III Of- often have to be placed not only in iso- Elder Affairs, Com- fender Treatment and Crime Reduction Reau- lated cells, but also in isolated areas to monwealth of Mas- thorization and Improvement Act of 2007. This avoid disturbance of other inmates. sachusetts. legislation would provide grants for improved

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The text of the bill is as follows: rested, is en route to be incarcerated, or is Over the course of the past three decades, H.R. 3971 incarcerated at a municipal or county jail, as our country’s mental health infrastructure State prison, State-run boot camp prison, Be it enacted by the Senate and House of Rep- boot camp prison that is contracted out by has deteriorated, many mentally ill individuals resentatives of the United States of America in the State, any State or local contract facil- have been forced to fend for themselves on Congress assembled, ity, or other local or State correctional fa- the street. Oftentimes, these individuals end SECTION 1. SHORT TITLE. cility (including any juvenile facility)) to— up in jail or prison for offenses related to their This Act may be cited as the ‘‘Death in (1) determine means by which such infor- illness. Custody Reporting Act of 2008’’. mation can be used to reduce the number of Unfortunately, our jails and prisons have be- SEC. 2. INFORMATION REGARDING INDIVIDUALS such deaths; and come the sanatoriums of the 21st century. As WHO DIE IN THE CUSTODY OF LAW (2) examine the relationship, if any, be- ENFORCEMENT. tween the number of such deaths and the ac- mental institutions have closed down, jails and (a) IN GENERAL.—For each fiscal year after tions of management of such jails, prisons, prisons have filled up. In fact, prisons currently the expiration of the period specified in sub- and other correctional facilities relating to section (b)(1) in which a State receives funds hold three times more mentally ill people than such deaths. do psychiatric hospitals, and prisoners have for a program referred to in subsection (b)(2), (b) REPORT.—Not later than 2 years after rates of mental illness that can be as high as the State shall report to the Attorney Gen- the date of the enactment of this Act, the four times the rate of the general population. eral, on a quarterly basis and pursuant to Attorney General shall prepare and submit Not surprisingly, the prison system is ill- guidelines established by the Attorney Gen- to Congress a report that contains the find- equipped to deal with the growing number of eral, information regarding the death of any ings of the study required by subsection (a). person who is detained, under arrest, or is in (c) AUTHORIZATION OF APPROPRIATIONS.— prisoners requiring psychiatric care. Jails and the process of being arrested, is en route to prisons do not have adequate resources to There is authorized to be appropriated to be incarcerated, or is incarcerated at a mu- carry out this section $500,000 for fiscal year properly evaluate incarcerated individuals for nicipal or county jail, State prison, State- 2009. Funds appropriated under this sub- mental health and substance abuse problems. run boot camp prison, boot camp prison that section shall remain available until ex- Police and other law enforcement officials are is contracted out by the State, any State or pended. generally not trained to handle mentally ill of- local contract facility, or other local or The SPEAKER pro tempore. Pursu- fenders. Mental health services may be pro- State correctional facility (including any ju- ant to the rule, the gentleman from vided, but they are often underfunded and in- venile facility) that, at a minimum, in- cludes— Virginia (Mr. SCOTT) and the gen- adequate. tleman from Texas (Mr. SMITH) each H.R. 3992, the ‘‘Mentally III Offender Treat- (1) the name, gender, race, ethnicity, and age of the deceased; will control 20 minutes. ment and Crime Reduction Reauthorization (2) the date, time, and location of death; The Chair recognizes the gentleman and Improvement Act of 2007,’’ addresses this (3) the law enforcement agency that de- from Virginia. problem by establishing grants for programs tained, arrested, or was in the process of ar- GENERAL LEAVE training law enforcement officials to better resting the deceased; and Mr. SCOTT of Virginia. Madam identify prisoners with mental illness and re- (4) a brief description of the circumstances Speaker, I ask unanimous consent that spond to their needs. In addition, H.R. 3992 surrounding the death. all Members may have 5 legislative (b) COMPLIANCE AND INELIGIBILITY.— would authorize funding for developing receiv- days to revise and extend their re- ing centers to assess individuals in law en- (1) COMPLIANCE DATE.—Each State shall have not more than 30 days from the date of marks and include extraneous material forcement custody for mental health and sub- enactment of this Act to comply with sub- on the bill under consideration. stance abuse treatment. Such funding would section (a), except that— The SPEAKER pro tempore. Is there also be used to improve technology to facili- (A) the Attorney General may grant an ad- objection to the request of the gen- tate information sharing among law enforce- ditional 30 days to a State that is making tleman from Virginia? ment and criminal justice personnel, as well as good faith efforts to comply with such sub- There was no objection. to promote evidence-based mental health care section; and Mr. SCOTT of Virginia. Madam practices in correctional facilities. (B) the Attorney General shall waive the Speaker, I yield myself such time as I Madam Speaker, it is our moral responsi- requirements of subsection (a) if compliance may consume. bility to provide timely, appropriate and ade- with such subsection by a State would be un- Madam Speaker, H.R. 3971 is entitled constitutional under the constitution of such quate health care to those in the custody of State. the Death in Custody Reporting Act of our correctional system. The treatment of (2) INELIGIBILITY FOR FUNDS.—For any fis- 2008. It will reauthorize the Death in mental illness should be no exception. cal year after the expiration of the period Custody Reporting Act of 2000 which Mr. SMITH of Texas. Madam Speak- specified in paragraph (1), a State that fails actually expired on December 31, 2006. er, I yield back the balance of my time. to comply with subsection (a) shall not re- b 1445 Mr. SCOTT of Virginia. Madam ceive 10 percent of the funds that would oth- Speaker, I urge my colleagues to sup- erwise be allocated for that fiscal year to the This is a bipartisan effort which I in- port the legislation, and I yield back State under subpart 1 of part E of title I of troduced with my colleague from Vir- the balance of my time. the Omnibus Crime Control and Safe Streets ginia, Representative RANDY FORBES, The SPEAKER pro tempore. The Act of 1968 (42 U.S.C. 3750 et seq.), whether and who was, at that time, the ranking characterized as the Edward Byrne Memorial question is on the motion offered by member of the Subcommittee on State and Local Law Enforcement Assist- Crime. Its purpose is to provide contin- the gentleman from Virginia (Mr. ance Programs, the Local Government Law SCOTT) that the House suspend the Enforcement Block Grants Program, the Ed- ued and improved oversight over the rules and pass the bill, H.R. 3992, as ward Byrne Memorial Justice Assistance conduct of law enforcement officials amended. Grant Program, or otherwise. during arrest and imprisonment of fel- The question was taken; and (two- (c) REALLOCATION.—Amounts not allocated low citizens. thirds being in the affirmative) the under a program referred to in subsection Before the enactment of the Death in rules were suspended and the bill, as (b)(2) to a State for failure to fully comply Custody Act of 2000, States and local- amended, was passed. with subsection (a) shall be reallocated ities had no uniform requirements for under that program to States that have not A motion to reconsider was laid on reporting the circumstances sur- failed to comply with such subsection. rounding the deaths of persons in their the table. (d) DEFINITIONS.—In this section the terms f ‘‘boot camp prison’’ and ‘‘State’’ have the custody, and some had no system for meaning given those terms, respectively, in requiring such reports. The lack of uni- DEATH IN CUSTODY REPORTING section 901(a) of the Omnibus Crime Control form reporting requirements made it ACT OF 2008 and Safe Streets Act of 1968 (42 U.S.C. impossible to ascertain how many peo- Mr. SCOTT of Virginia. Madam 3791(a)). ple were dying in custody and from Speaker, I move to suspend the rules SEC. 3. STUDY OF INFORMATION RELATING TO what causes, although estimates by and pass the bill (H.R. 3971) to encour- DEATHS IN CUSTODY. those concerned suggested that there age States to report to the Attorney (a) STUDY REQUIRED.—The Attorney Gen- eral shall, subject to the availability of ap- were more than 1,000 deaths in custody General certain information regarding propriations under subsection (d), through each year, some under very suspicious the deaths of individuals in the custody grant or contract, provide for a study of the circumstances. of law enforcement agencies, as amend- information reported under section 2 (regard- Consequently, an environment of sus- ed. ing the death of any person who is detained, picion and concern arose surrounding

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H429 many of those deaths. Some that were death rate in our Nation’s prisons and Madam Speaker, I reserve the bal- ruled suicides or deaths from natural jails since stricter oversight has been ance of my time. causes were suspected of being homi- in place suggest that the oversight Mr. SCOTT of Virginia. Madam cides committed by officers, fellow measures, such as the Death in Cus- Speaker, I yield such time as she may prisoners or others. Indifference to tody Reporting Act, play an important consume to the gentlelady from Texas, prisoner rights and the safety of those role in ensuring the safety and security a member of the Judiciary Committee, in custody made scrutiny of suspected of prisoners who are in the custody of Ms. JACKSON-LEE. deaths a low priority, so such question- State facilities. Ms. JACKSON-LEE of Texas. I thank able causes were rarely investigated. In considering the reauthorization of the distinguished gentleman, the chair- In the mid-1980s, researchers, report- the bill, the Subcommittee on Crime, man of the subcommittee that I have ers, prison and jail accreditation orga- Terrorism and Homeland Security ex- the privilege of serving on, the Sub- nizations, prison reformers, activists, amined the statistics and heard testi- committee on Crime and Terrorism on and others began to give more scrutiny mony from witnesses whose testimony the House Judiciary Committee. to the death rate in our Nation’s jails also supported the suggestion that I thank the full committee chairman, and prisons and to the fact that such oversight has actually improved condi- Mr. CONYERS, the ranking member on deaths were not being routinely re- tions. Convinced of the effectiveness of the full committee and the ranking ported to anybody. the Death in Custody Act, we resolved member on the subcommittee for hav- In fact, by 1986, only 25 States and to not only reauthorize it but also im- ing two important initiatives, and I the District of Columbia even had jail prove it. speak to the underlying bill which ad- inspection units. Moreover, even the To ascertain the most effective use of dresses the question of death in cus- States that did report deaths did it on the statistical data, H.R. 3971 differs tody, H.R. 3971. I, too, want to applaud the fact that the basis of different reporting stand- from the original bill in that it author- the existence of this legislation is a ards. The insufficient data and the lack izes $500,000 for a study to determine strong statement that, in spite of indi- of uniformity of the data collected which policies and procedures have, in viduals being incarcerated in the made oversight of prisoner safety woe- fact, led to or at least assisted the de- criminal justice system, in the penal fully inadequate. creasing death rate among prisoners. system, in the prison system, that However, the interest in oversight Madam Speaker, I would like to there is a responsibility; one for the that emerged shed light on the condi- thank my good friend, Mr. FORBES, for safety and security of those who are in- tions in State and local jails, which his support of the bill. I encourage my carcerated, particularly, as well, that began a rising tide of wrongful death colleagues to support it. younger and younger individuals are litigation. The increasing litigation Madam Speaker, I reserve the bal- going into our criminal justice system forced some measure of accountability, ance of my time. of which we hope to address as we look and conditions somewhat improved. Mr. SMITH of Texas. Madam Speak- to these issues in the coming year, Moreover, activism and news of the er, I yield myself such time as I may work that has already been done in litigation spurned by media interests, consume. this committee. We hope to see some of and that shed further light on the con- Madam Speaker, I support H.R. 3971, that legislation come to fruition. ditions in our present jails and prisons. the Death in Custody Reporting Act of I do want to speak specifically, The watershed moment for bringing 2007, and commend Chairman CONYERS, Madam Speaker, to the concerns that I the death in custody rate to national Crime Subcommittee Chairman SCOTT, see in the State of Texas. And it may attention occurred in 1995. After a 1- and Crime Subcommittee Ranking be symbolic of many States, particu- year investigation by journalist Mike Member GOHMERT for their commit- larly large States that have a very Masterson into prison conditions and ment to this bipartisan legislation. large penal system and a criminal jus- the death rate of persons in custody, The Death in Custody Reporting Act tice system, if you will, or incarcer- the Asbury Park Press of New Jersey of 2000 directed the Justice Depart- ation rate, and say that this legisla- ran a series of award-winning editorials ment’s Bureau of Justice Statistics to tion, in addition to reporting or requir- that brought the seriousness of the collect data on deaths that occur in the ing reporting of the deaths and sug- lack of reporting to the Nation’s atten- process of arrest or during transfer gesting the ineligibility for funds, tion. The editorials went on to detail after arrest, as well as deaths that which I think is an important state- abuses, including racially motivated occur in jails and prisons. ment, some instances of holding the violence, overzealous police investiga- H.R. 3971 reauthorizes this data col- particular jurisdictional head respon- tions, cover-ups and general law en- lection program and directs the Attor- sible for some of, in this instance, the forcement incompetence, which ney General to commission a study to deaths of individuals held in their par- prompted Congress to take action. determine how to reduce deaths in cus- ticular facilities. Following successive introduction of tody and to examine the relationship For example, about 3 weeks ago, in bills in several Congresses by my col- between deaths in custody and the Houston, an individual was seen being leagues from Arkansas, first Rep- management of jail and prison facili- neck-choked by a custodian in the Har- resentative Tim Hutchinson, then later ties. ris County jail in Harris County in Representative Asa Hutchinson, the The Bureau of Justice Statistics re- Houston, Texas, and subsequently that Death in Custody Reporting Act of 2000 ports that between 2001 and 2005 there inmate lost their life. This has been an was passed. The law required States re- were 15,308 State prisoner deaths. The increasing occurrence in the Harris ceiving certain Federal grants to com- bureau also reports that there were County jail. And certainly there have ply with reporting requirements estab- 5,935 local prisoner deaths and 43 juve- been occurrences in the whole State lished by the Attorney General. nile deaths between 2000 and 2005. system, but we have a county jail sys- Since the enactment in 2000, the Bu- Half of all State prisoner deaths are tem which people are either held for reau of Justice Statistics has compiled the result of heart disease and cancer. trial or either they are actually serv- a number of statistics detailing the cir- Two-thirds involved inmates age 45 or ing their time there, and in the last cumstances of prisoner deaths, the rate older, and another two-thirds are the decade we’ve had 106 deaths, plus, in of deaths in prison and jails, and the result of medical problems that were the Harris County jail. Many of them rate of deaths based on the size of var- present at the time of admission. have come about through the inability ious facilities and so forth. But the Although illness-related deaths have to secure medicine, to secure medical most astounding statistic reported slightly increased in recent years, the care. One instance is an individual in since the enactment of the bill before homicide and suicide rates in State his own pool of blood, and the, if you is the latest Bureau of Justice statis- prisons have dramatically decreased will, caretaker, the guard, was asked to tics report dated August 2005, which over the last 25 years. That is positive get relief and he said, What do you ex- shows a 64 percent decline in suicides news, but we still need to collect data pect for me to do, get a Band-Aid? and a 93 percent decline in homicides to monitor these trends. So in some instances the deaths are in custody since 1980. Those statistics I urge my colleagues to support this caused because of such horrific occur- showing a significant decline in the legislation. rences, such egregious occurrences that

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H430 CONGRESSIONAL RECORD — HOUSE January 23, 2008 there seems to be a necessity for addi- emerged in the 1980s had shed light on condi- Congress has a responsibility to investigate tional penalties. So I would rise to sup- tions in state and local jails and began a rising this issue and call for reforms in order to en- port this initiative, H.R. 3971, for the tide of wrongful death litigation. The increasing sure that dignity and respect for all human good work that it has already done, litigation forced some measure of account- beings in our immigration detention system is look forward to working with the ability and conditions somewhat improved. preserved. This legislation will hold States re- chairperson of the subcommittee and Moreover, activism and news of the litigation sponsible to report to the Attorney General on the full committee Chair as we move spurred media interest, which shed further a quarterly basis regarding the death of any toward the Senate to ensure that this light on conditions. person who is under arrest or is in the process bill, in and of itself, becomes law, be- In 1995, after conducting a 1-year investiga- of being arrested, en route to incarceration, or cause I think it’s an important state- tion, the Asbury Park Press of New Jersey ran incarcerated in State or local facilities. It fur- ment, but also it’s a statement that a series of award-winning editorials that thermore imposes penalties on States that fail saves lives. brought the seriousness of the lack of report- to comply with such reporting requirements It is so tragic to hear from wives and ing to the Nation’s attention. Among the exam- and consequently will ensure that both the At- mothers, fathers of those incarcerated. ples the Asbury Park Press highlighted was torney General and the Congress stay in- These individuals have families. And I the story of Elmer Johnson of Charleston, MO. formed on the deaths of any and all persons know that the existence or the pres- Mr. Johnson died in a jail cell after he was ar- in custody. ence that they have in the jail system rested for ‘‘failing to obey a police officer.’’ The I hope that all of my colleagues will join me means that there have been charges. coroner ruled Mr. Johnson’s death a suicide in supporting the Death in Custody Act of Some of them in the local jails are but evidence to the contrary raised doubts. 2007. Passage of H.R. 3971 would be the being held for trial, so, therefore, they The editorials went on to detail abuses includ- start of a long overdue process to eliminate have not been convicted. We owe, as a ing racism, overzealous police interrogations, unnecessary mistreatment of prisoners. Might I just quickly acknowledge civilized Nation, the kind of incarcer- coverups and general police incompetence, H.R. 3992, with the indulgence of the ated presence that allows people to which prompted congressional action. Speaker, to applaud the, hoping, pas- live, to be tried by the judicial system, Congress has a responsibility to investigate this issue and call for reforms in order to en- sage of this legislation that deals with but to allow them to live unless ren- mental health. And let me just say one dered another judgment by that sys- sure that dignity and respect for all human beings in our immigration detention system is small point about the mental health tem. So I think it is key that we look circumstance, and that is that the cri- at whether or not the actions are egre- preserved. Following successive bills being introduced sis of mental health is seen across gious as we proceed to report on or re- America. There are so many cir- ceive reports made by our State Attor- by Representative SCOTT of Virginia and Rep- resentative Hutchinson of Arkansas in several cumstances where individuals suffering ney General and others. Congresses, the Death in Custody Reporting from severe schizophrenia and others Madam Speaker, I rise today in strong sup- Act of 2000 was passed. The law required are caught in the criminal justice sys- port of H.R. 3971, the Death in Custody Re- States receiving grants to comply with report- tem, or unfortunately are called to the porting Act of 2007, introduced by my distin- ing requirements established by the Attorney home and confront the law enforce- guished colleague from Virginia, Representa- General. Since the enactment of the act, the ment system as opposed to the mental tive BOBBY SCOTT. This important legislation Bureau of Justice Statistics, BJS, has com- health system, and that is before, of will require that any State that receives certain piled a number of statistics detailing not only course, these individuals are incarcer- criminal justice assistance grants will be ac- the circumstances of prisoner deaths but the ated. This has to do with offenders who countable to report the treatment of inmates to rates of deaths in prisons vs. jails and the are suffering from mental illness, but I both the Attorney General and to Congress. rates of deaths based on the sizes of the var- wanted to at least speak to the point How a government treats its detainees is a ious facilities. that those who don’t get to the system critical test for a nation’s civility and maturity. With the detailed statistical data, policy mak- because they are confronted through How we treat detainees, especially the most ers, both State and Federal, can make in- the police system and unfortunately vulnerable among them—detainees with med- formed policy judgments about the treatment will lose their lives. What do elderly ical conditions, be it pre-existing or one devel- of prisoners, leading to great success in low- persons do when a son or daughter is oped after they have been taken into cus- ering the prisoner death rate. In fact, since the suffering from mental illness and, un- tody—is an important measure of how hu- focus on deaths in custody emerged in the fortunately, has a breakdown in the mane our entire justice system is. mid-1980s, the latest BJS report, dated Au- house and reacts violently? It is to call In the mid-1980s researcher and activist gust 2005, shows a 64 percent decline in sui- the police. scrutiny of the death rate in the Nation’s jails cides and a 93 percent decline in the homicide And so in addition to this very fine and prisons began to emerge. The research rate, which suggests that oversight measures bill that deals with improving mental focused on criticism of jail and prison condi- such as the Deaths in Custody Reporting Act health services for offenders so that tions from the 1960s to the 1980s. Studies play an important role in ensuring the safety when they come out they are ready to such as the ‘‘National Study of Jail Suicides: and security of prisoners who are in the cus- adjust to the society in which they re- Seven Years Later,’’ by Lindsay M. Hayes and tody of State facilities. turn, we also want to look forward to Joseph R. Rowan in 1988, that examined the However, no actual study has been con- the idea of providing resources for death rate in jails and prisons found very little ducted to ascertain whether there is indeed a training of law enforcement that we’ve reporting of the circumstances surrounding the cause and effect between the oversight and discussed extensively in our sub- deaths of prisoners. In fact by 1986, only 25 decreasing death rate, and H.R. 2908 con- committee on crime to help these peo- States and the District of Columbia even had tained no provision to fund such a study. ple be advisedly trained to deal with jail inspection units. Moreover, even the States Therefore, to ascertain whether the cause and this. that did report deaths differed on basic report- effect exists and how to make the most effec- I cite as an example the desire by our ing standards. For example, jurisdictions dif- tive use of the statistical data, my good friend local jurisdiction to, or the request fered on the definition of ‘‘custody,’’ which and colleague, Chairman SCOTT and Ranking being made by our local jurisdiction, to made it difficult to determine whether a pris- Member FORBES have introduced H.R. 3971, pay an extra incentive fee for those po- oner had died during arrest, in a jail before the Death in Custody Act of 2007, of which I lice officers that would take mental trial, or post conviction. am a proud cosponsor. health training so that they could be The insufficient data and the lack of uni- This revised legislation is imperative to en- on a team, a task force to be called out formity of the data collected made oversight of suring that there is justice within our justice when that would occur. Unfortunately, prisoner safety woefully inadequate. However, system. H.R. 3971 includes all aspects of H.R. the overall response by the city gov- the study brought to light the potential that 2908 but also authorizes $500,000 for a study ernment was not enough money. I oversight had for improving conditions. The to determine whether the strengthened over- think we should have enough money to authors found that in the 1970s when there sight has in fact led to or at least assisted the save lives and, hopefully, innovative was little or no focus on deaths in custody, it decreasing death rate among prisoners. H.R. legislation like H.R. 3992 sets the pace had been unusual for a jail to be sued for neg- 3971 is thus an improvement over H.R. 2908 for those new and innovative ideas on ligence when a prisoner died in custody. But in that with analysis accompanying the statis- addressing the question of mental ill- by the 1980s it was unusual for a jail not to tical data, we can make yet further informed ness among offenders who are incarcer- be sued. The interest in oversight that decisions about policy and oversight. ated, but also that we address many of

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H431 the other questions that hopefully currently on probation. These statistics seem The question was taken; and (two- we’ll have the opportunity to address. to indicate that the mentally ill are unjustifiably thirds being in the affirmative) the So it is my distinct pleasure to be burdening the criminal justice system. rules were suspended and the bill, as able to rise to support the underlying There is a dire need for resources that will amended, was passed. bill, H.R. 3971, and as well the previous provide vital resolutions to the crisis, expand The title was amended so as to read: bill, H.R. 3992. And I thank the chair- diversion programs, community-based treat- ‘‘A bill to encourage States to report man for his leadership. And I think the ment, re-entry services, and improved treat- to the Attorney General certain infor- criminal justice system will be better ment during incarceration. The reauthorization mation regarding the deaths of individ- for the passage of these two initiatives. of the Mentally Ill Offender Treatment and uals in the custody of law enforcement Madam Speaker, I rise today in strong sup- Crime Reduction Act of 2004 recognizes that agencies, and for other purposes.’’. port of H.R. 3992, the Mentally III Offender true partnerships between the mental health A motion to reconsider was laid on Treatment and Crime Reduction Reauthoriza- and criminal and juvenile corrections systems the table. tion and Improvement Act of 2007, introduced and between the Federal and State Govern- f by my distinguished colleague from Virginia, ments are needed to meet these challenges. SPECIAL ORDERS Representative ROBERT SCOTT. This bipartisan Indeed, this bill requires that Federal funds au- legislation is designed to increase public safe- thorized under this program be supplemented The SPEAKER pro tempore. Under ty by enabling coordination between the crimi- with contributions from the States, local gov- the Speaker’s announced policy of Jan- nal justice and mental health care systems to ernments, and tribal organizations. uary 18, 2007, and under a previous increase treatment among this segment of the Madam Speaker, Congress has an obliga- order of the House, the following Mem- population. tion to legislate to protect the community from bers will be recognized for 5 minutes The enormous growth in the national prison those who become aggressive or violent be- each. population has intensified the problems pre- cause of mental illness. We also have a re- f sented by the needs of mentally ill inmates. sponsibility to see that the offender receives HONORING THE SERVICE OF MARY Frequently, mentally ill defendants are inap- the proper treatment for his or her illness. Far LOUISE PLUNKETT propriately placed into criminal or juvenile cor- too often, mental illness goes undiagnosed, rections facilities, and the harmful impact that and many in our prison system would do bet- The SPEAKER pro tempore. Under a this has on the individual and society is re- ter in alternative settings designed to handle previous order of the House, the gen- flected in increased recidivism rates, wasted their particular needs. tleman from New York (Mr. CROWLEY) administrative costs, and superfluous over- In Texas, past treatment of mentally ill of- is recognized for 5 minutes. crowding of corrections facilities, among other fenders illustrates the need for legislation such Mr. CROWLEY. Madam Speaker, it is things. Among the utmost dilemmas involved as H.R. 3992. Senior U.S. District Judge Wil- indeed an honor for me to rise here in managing the mentally ill prisoners is that liam Wayne Justice, who is experienced in today on the floor of the House of Rep- correctional staffing is seldom at an adequate dealing with mentally ill prisoners in Texas, resentatives to pay tribute and to say level to supervise and care for these pris- ruled in 1980 that the Texas prison system is thank you to a very close personal oners, and correctional officers in many state unconstitutional and placed it under Federal friend of mine, Ms. Mary Lu Plunkett, prisons have never received training in work- control for 30 years. In Judge Justice’s esti- one of the most influential people in ing with the mentally ill. mation, the Texas laws that apply to the men- my life for the past 25 years and one of The Bureau of Justice reported that in 1998 tally ill ‘‘lack compassion and emphasize the most valued members of the com- over 280,000 individuals in jail or prison and vengeance.’’ KPFT news reported him as hav- munity of Queens County in New York approximately 550,000 of those on probation ing said, State and New York City for more than had a mental impairment. The mentally ill are We have allowed the spirit of vengeance the last 50 years. disproportionately represented in jails and pris- such unrivaled sway in our dealings with I was blessed to meet Mary Lu ons. Five percent of all Americans have a seri- those who commit crime that we have ceased Plunkett in my early 20s, when I ous mental illness, but 16 to 20 percent of in- to consider properly whether we have taken stepped into the Queens County Demo- carcerated individuals have a mental impair- adequate account of the role that mental im- cratic headquarters while running er- ment. Any individual who is enrolled in a juris pairment may play in the determination of rands at the time for my then-Uncle moral responsibility. As a result, we punish Walter Crowley. That day was the start doctorate program is familiar with two key those who we cannot justly blame. Such re- terms in criminal law, Actus Reas and Mens sult is not, I believe worthy of a civil soci- of one of the most important friend- Rea. Actus Reas is associated with the guilty ety. ships in my personal and political life, Madam Speaker. But long before Mary act, while Mens Rea is associated with the This legislation in an important first step to- Lu became a valued part of my life, she guilty mind. Both elements are required to wards restructuring a system that has oper- was already a valued and well-estab- achieve a successful conviction in our criminal ated in a disjointed and unsympathetic manner lished force in Queens County and in law system. Mental health offenders may have for far too long. We must continue to make Queens County Democratic politics. committed the physical, guilty act, but they are this legislation adequately effective to preserve Mary Lu was born in Brooklyn, and incapable of having the mind capacity to com- the lives of defendants who are actually vic- she moved to Jackson Heights, Queens, mit the crime. The act does not make a per- tims. in 1949 with her husband Jack. Mary Lu son guilty unless the mind is also guilty. I am proud to support this legislation and I was quick to engage in her community The prevalence of the mentally ill in the strongly urge my colleagues to join me in sup- and in her local church, and we were criminal justice system has been the subject of porting this legislation and calling for the ap- just as quick to forgive Mary Lu for many recent studies. The U.S. Department of propriate treatment and recognition of mentally her Brooklyn past. Justice, Bureau of Justice Statistics reported ill offenders. last July that at least 16 percent of the U.S. Mary Lu’s foray into politics started prison population is seriously mentally ill. The b 1500 when she joined the Amerind Demo- highest rate of reported serious mental illness Mr. SMITH of Texas. Madam Speak- cratic Club. She went on to volunteer is among white female inmates, at 29 percent. er, I have no other speakers on this at Queens County Democratic Head- For white females age 24 or younger, this side, and I yield back the balance of my quarters, where she became a full-time level rises to almost 40 percent. The American time. member of the staff in 1956. While Jail Association estimates that 600,000 to Mr. SCOTT of Virginia. Madam working at county headquarters, Mary 700,000 people suffering from serious mental Speaker, I have no other speakers, and Lu served some of Queens County’s fin- illness are being booked into jail each year. I urge my colleagues to support the est political leaders, including Moses The National Alliance for the Mentally III re- legislation. I yield back the balance of Weinstein, Jim Roe, and my prede- ports that on any given day, at least 284,000 my time. cessor Tom Manton, and her influence schizophrenic and manic depressive individ- The SPEAKER pro tempore. The on them and our community was felt uals and manic depressive individuals are in- question is on the motion offered by and has been felt by all of us since. carcerated, while only 187,000 seriously men- the gentleman from Virginia (Mr. No political event or dinner has been tally ill individuals are in mental health facili- SCOTT) that the House suspend the held without Mary Lu and her charm. ties. Additionally, there are approximately rules and pass the bill, H.R. 3971, as She helped to welcome such dignitaries 547,800 seriously mentally ill people who are amended. and luminaries as John Kennedy, TED

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H432 CONGRESSIONAL RECORD — HOUSE January 23, 2008 KENNEDY, Jimmy Carter, Governor an agreement on how to proceed re- higher percentage of the American Hugh Carey, Mario Cuomo, Mayor Ed mains very elusive. economy under government control, Koch, David Dinkins and President Bill In addition to recently participating and this at a time when the economy is and Senator HILLARY CLINTON and wel- in a Joint Economic Committee hear- vulnerable, facing slower economic comed them into our Queens County ing on the state of the economy, I’ve growth. home. met with half a dozen respected econo- Instead of setting new priorities, the Her intelligence, her warmth and mists, and I strongly believe that un- new majority has chosen to throw pri- kindness have made everyone who has less Congress acts swiftly on a stim- ority setting to the wind and have un- come into contact with her feel wel- ulus package that will inject money dermined the benefits of the very tax come and comfortable. into the American economy and policies that have grown the economy However, Mary Lu’s reach went well incentivize job creation, middle class and helped America’s middle class. beyond local politics. You have to keep America will be forced to bear the At the time of economic hardship, in mind, Madam Speaker, that Queens brunt of our country’s economic insta- when Americans are struggling to County has 2.3 million people who live bility. make ends meet, it would be inconceiv- in just that county alone. When she To be clear, now is not the time for able to place additional, unnecessary was not at county headquarters, she politics as usual. We need to unite to tax burdens on the backs of middle was working to create a better Queens, enact sound stimulus legislation that, class America. and in particular, a better Rockaway, among other things, will benefit both Madam Speaker, time is of the es- her hometown in Queens County. For wage earners and job creators, will en- sence. Putting the economy back on a example, every year she hosted an an- courage investment in good paying growth path must be a top priority for nual fundraiser that was a must-attend jobs, and will put more money back Washington. Congress must move on a event to help the children of St. into the pockets of working families. bipartisan basis to enact a stimulus Gertrude’s Parish in Far Rockaway. Now, how can Congress achieve these package that is swift, significant and On top of all she has done for others, goals on a bipartisan basis? In my effective. most important to her, I think, is her view, Madam Speaker, the single best We need to set aside sterile politics role as a mother and as a grandmother. way to help struggling employers in of class warfare and embrace strong There is nothing that Mary Lu won’t this climate, while providing a pro-growth tax policies that will help do or hasn’t done for her two children, jumpstart to the economy, is to allow benefit everyone by reinvigorating the Steve and Jamie; and her three grand- companies to quickly recapture the American economy. children, Matthew, Christopher, and money they invest in capital. f Caroline; and their mom, Nancy. Congress should step up to the plate HONORING PRIVATE BOOKER I have tremendous respect for Mary today to create incentives for Amer- TOWNSELL Lu and all she has accomplished ican employers to invest in new equip- throughout her years, but as her friend, ment, to revive bonus depreciation to The SPEAKER pro tempore. Under a I’m most proud of how she has led her boost employer’s capital, and to work previous order of the House, the gen- family life, and I have always consid- to enact common-sense policies that tleman from Washington (Mr. ered myself an extended member of will curb the reach of the corporate al- MCDERMOTT) is recognized for 5 min- that family, often enjoying many per- ternative minimum tax at exactly the utes. sonal moments in the Rockaways, get- time when its reach is most dev- Mr. MCDERMOTT. Madam Speaker, ting sand in my shoes with the astating, during economic downturns. Senator BILL NELSON and I introduced Plunkett family. At the same time, Congress must ex- legislation today to amend the dark In the coming weeks, my fellow plore ways in which we can mitigate chapter of American history by pro- friends and colleagues in Queens Coun- the impact of a sluggish economy on viding a fair and just settlement for ty will gather to honor Mary Lu for her low and moderate income families that our African American soldiers who lifetime of service to our great borough are now facing new and severe eco- were wrongly convicted after an inci- and to our great city and to our great nomic uncertainty. dent at Fort Lawton during World War country. We will applaud her for her By extending unemployment bene- II. charity, her wit and political skill, and fits, rolling the income tax on unem- Last Saturday, I stood with the fam- I want to thank her for being a mentor ployment benefits back, and increasing ily of Booker Townsell at his gravesite and a friend. the child tax credit and providing a sig- in Milwaukee, Wisconsin. At long last, Mary Lu, we love you and we con- nificant tax rebate for middle-class Private Booker Townsell received a gratulate you on your lifetime of families, Congress can ensure that burial with full honors, in a ceremony achievement. every American has access to the fi- filled with emotion and symbolism. At f nancial resources they need to weather long last, Booker Townsell received the this pending economic storm. military honors he deserved. ECONOMIC STIMULUS While I’ve outlined a stimulus plan I want to read into the RECORD the The SPEAKER pro tempore. Under a that will create an environment for job remarks I read last Saturday because previous order of the House, the gen- growth, reform how we tax American Booker and his family deserve to have tleman from Pennsylvania (Mr. employers and improve UC benefits for his long overdue military honors per- ENGLISH) is recognized for 5 minutes. the long-term unemployed, Congress manently etched into the CONGRES- Mr. ENGLISH of Pennsylvania. must be vigilant in crafting a pro- SIONAL RECORD. Madam Speaker, the current subprime growth plan that will not disturb the In the House, I represent Seattle in housing crisis, coupled with volatile government’s fiscal balance. King County, Washington, home to energy prices, rising costs in health I believe frankly we need to avoid ab- Fort Lawton and home to author Jack care and looming tax increases, among surd PAYGO rhetoric which, coupled Hamann. He exposed what Booker others, have put our country on the with a liberal budget requiring tax in- Townsell, his family and others have dark path of economic slowdown. And creases, now seems to be hobbling ac- often lived and known for a long time, although not yet a technical recession, tion on the other side of the aisle. that the color of their skin determined it certainly feels like a recession in the Over the past year, some of my their fate and denied them due process. communities that I represent in west- friends on the other side of the aisle And on behalf of the people in my ern Pennsylvania. have insisted on a budget that would Seventh District, who live in a county Clearly, America’s hardworking fam- impose substantial tax increases on a proudly named in honor of Dr. Martin ilies and employers are feeling the struggling American economy. Luther King, let me sum up our feel- crunch from the slowing economy. These Herbert Hoover Democrats ings by quoting Dr. King: Injustice While there’s a growing consensus in have used the labels of tax reform and anywhere is a threat to justice every- Washington that Congress needs to revenue neutrality as a carnival mask where. take action on a stimulus package to to conceal a policy of higher taxes and That’s why I got into this fight. stave off further economic challenges, higher spending, essentially placing a America cannot and must not permit

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H433 racial injustice to breathe the same air dated 19 January 2008, entitled, ‘‘Injus- ‘‘I loved my father’s laugh,’’ Blalock said. that we breathe, or to live among us as tice Undone.’’ ‘‘When they had that 21-gun salute and played taps, it was like I could hear him a plague upon our Nation, or to poison [From the Milwaukee Sentinel, Jan. 19, 2008] laugh again.’’ the sweet light of day with its grim INJUSTICE UNDONE: SOLDIER HONORED MORE darkness of evil. THAN 20 YEARS AFTER DEATH b 1515 We come here today in the name of (By Meg Kissinger) The SPEAKER pro tempore. Under a justice, to fully and finally honor Pri- Carol Blalock closed her eyes and smiled vate Booker Townsell, a soldier, a hero, previous order of the House, the gen- as the sound of gunshots rang through the tleman from North Carolina (Mr. an African American who served his bitter cold morning air on Saturday. JONES) is recognized for 5 minutes. country in a time of war, only to be de- At long last, justice had been served. serted by his country in his time of Her father, Booker Townsell, who died in (Mr. JONES of North Carolina ad- need. 1984, had finally been granted full military dressed the House. His remarks will ap- Racial injustice struck down this in- honors, a proper military burial at pear hereafter in the Extensions of Re- nocent man, and others, who were de- Graceland Cemetery on Milwaukee’s north- marks.) west side. An Army contingent, including nied the opportunity to live their lives Ronald James, Assistant Secretary of the f with a full measure of honor for their Army, traveled to Milwaukee to correct an RIC WILLIAMSON military service and who were denied injustice begun more than 63 years ago. all their rightful benefits for their In August 1944, Townsell and 42 other Afri- The SPEAKER pro tempore. Under a military service, including the right of can-American soldiers were blamed for the previous order of the House, the gen- their family to receive an American lynching death of an Italian prisoner of war tleman from Texas (Mr. BURGESS) is flag when they passed. at Fort Lawton, an Army base outside Se- recognized for 5 minutes. The American flag is a powerful sym- attle. Many of them, including Townsell, Mr. BURGESS. Madam Speaker, I bol of our Nation’s strength, unity and were convicted of rioting. Two others were come to the floor of the House this convicted of manslaughter. commitment to core values like equal The story might have ended there, had it afternoon to remember one of the most justice under the law and equal rights. not been for curiosity of a television reporter dedicated public servants from the Today our flag also represents the named Jack Hamann, who, along with his State of Texas we lost on December 30 courage of an Army private and the wife, Leslie, spent 20 years uncovering the of this year. dignity of his family to accept justice facts of the case. Their account, in the book Ric Williamson was a member of the delayed after being denied so long, and ‘‘On American Soil: How Justice Became a Texas Transportation Commission and it represents the ability of a great Na- Casualty of World War II,’’ prompted a bipar- served as that body’s Chair that over- tion to look inward and admit a grave tisan call for the convictions to be over- sees statewide activities for the Texas turned and full military honors to be re- injustice. Department of Transportation. He was This is a proud day for Private Book- stored. In October, the Army reversed the conviction of Townsell and the others. appointed to that position in March of er Townsell and his family. He has been Hamann stood at the front of the chapel at 2001 by Governor Rick Perry and in promoted from Army private to Amer- Graceland on Saturday, fighting back tears January of 2004 became the chairman ican role model, and his life, service as the Army color guard played taps. of the Texas Transportation Commis- and this day teaches us a lot about our- ‘‘Reporters are trained to check out emo- sion. selves and our Nation. tionally,’’ he said. ‘‘But this one is tough.’’ Prior to his appointment, he served Dr. King said: The ultimate measure Also standing in the crowd was Ronald Hayes, a retired master sergeant and in the Texas State Legislature from of a man is not where he stands in mo- 1985 to 1988. Numerous professional and ments of comfort and convenience, but Townsell family friend, who likewise swal- lowed hard when Wisconsin Army National legislative accomplishments are attrib- where he stands at times of challenge Guard Brig. Gen. Roger Lalich presented the uted to Ric Williamson, and many and controversy. U.S. flag to Townsell’s oldest daughter, Mar- awards from the Texas media, includ- Booker Townsell, and his family and ion Williamson. ing twice being recognized as one of the others like Sam Snow who lives in ‘‘This is good,’’ Hayes said. 10 best legislators in the Texas State Florida, stood up to the challenge and, Later in the day, nearly 200 people gath- Legislature in 1989 and 1991. in so doing, stood up for us all. Today, ered at the Milwaukee County War Memorial Ric was born in Abilene, Texas, and on their behalf, America renews its Center to pay tribute to Townsell and to cel- vow to fight racial injustice, to ac- ebrate his ultimate exoneration. graduated with a B.A. degree from the ‘‘He wouldn’t have wanted this attention,’’ knowledge the deep and tragic mis- University of Texas in 1974. He later Williamson told the crowd. ‘‘But he deserves founded his own natural gas production takes of the past and to restore hope in it. I hope my father’s soul can finally rest in the future. company. He made his home in peace.’’ Weatherford, Texas, with his wife, Here in Washington the work is not Speakers included Jim McDermott, Demo- finished. The legislation Senator NEL- cratic congressman from the state of Wash- Mary Ann. He has three beautiful SON and I introduced today will, along ington who pushed to have the Army reverse daughters, Melissa, Katherine and with others, including Congresswoman the convictions. Sara, who spoke so eloquently on be- MOORE from Milwaukee, direct the ‘‘Too often the color of skin defined fate half of their father in the memorial Army to provide the Fort Lawton sur- and denied due process,’’ McDermott said. service that we held this past January Quoting the Rev. Martin Luther King Jr., vivors like Sam Snow in Florida and 3. Ric has two grandchildren. Most re- McDermott talked of why this decision is so cently, his grandson was born at the families like Booker Townsell with the important and the need to celebrate it so ur- economic benefits to which they’re en- gent. beginning of December of this past titled. It’s the least we can do. I also ‘‘Injustice anywhere is a threat to justice year. hope that we can put a memorial on everywhere,’’ he said. McDermott com- Chairman Williamson brought a the Fort Lawton site to teach future plimented the Army for admitting a grave sense of purpose, a sense of vision, and generations about the sacrifices made mistake. He recalled the images of Townsell a sense of urgency that had not pre- by Booker Townsell, Sam Snow, and as a dedicated family man and factory work- viously been present in the State of er, who danced with his children and cheered Texas when it came to issues regarding others, and to remind us that we must his granddaughter at her track meet. never forget that injustice anywhere is It would have been easy for Townsell to transportation. He established a stra- a threat to justice everywhere. wallow in the bitterness of this dark chapter tegic plan, he set real goals, and then Today, we salute Private Booker of his life, McDermott said. Instead, he chose he did everything within his power to Townsell and his loved ones on behalf to persevere. Again invoking King’s words, meet those goals. of this grateful Nation. We are grateful McDermott said, ‘‘The ultimate measure of a He wanted to reduce congestion. He for his military service, his courage, man is not where he stands in moments of wanted to improve safety. He wanted and his dignity, and grateful that comfort and convenience, but where he to expand economic opportunity, in- stands at times of challenge and con- crease the value of the assets in the America is strong enough to admit its troversy.’’ mistakes and provide justice and honor As far as Blalock and the other members of Texas highway system, and clean the at long last. Townsell’s family were concerned, Satur- air. I would like to enter into the RECORD day’s ceremony was no less precious because One of his greatest legacies was to an article from the Milwaukee Sentinel of the time it took to make things right. empower local leaders to make local

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H434 CONGRESSIONAL RECORD — HOUSE January 23, 2008 transportation decisions. The best ex- (Ms. WOOLSEY addressed the House. tleman from Maryland (Mr. CUMMINGS) ample of this empowerment is the Her remarks will appear hereafter in is recognized for 5 minutes. State Highway 121 Project in my dis- the Extensions of Remarks.) (Mr. CUMMINGS addressed the trict of the Dallas/Fort Worth area. f House. His remarks will appear here- This brought over $3 billion in highway after in the Extensions of Remarks.) SCHIP VETO OVERRIDE construction funds to north Texas. At a f time when the rest of Texas and, in- The SPEAKER pro tempore. Under a previous order of the House, the gentle- PAYING TRIBUTE TO PRIVATE deed, many other areas of the Nation FIRST CLASS JASON LEMKE AND have money only to put towards main- woman from Arizona (Ms. GIFFORDS) is recognized for 5 minutes. PRIVATE FIRST CLASS KEITH tenance, we have money available for LLOYD new construction because of Ric’s vi- Ms. GIFFORDS. Madam Speaker, I sion. am speaking out today in strong oppo- The SPEAKER pro tempore. Under a He wasn’t always easy to live with, sition of the President’s veto of the previous order of the House, the gentle- he wasn’t always easy to work with, KidsCare bill, also known as SCHIP woman from Wisconsin (Ms. MOORE) is but you always knew where you stood here in Washington. I am profoundly recognized for 5 minutes. Ms. MOORE of Wisconsin. Madam with Ric Williamson; you were never disappointed that we were not able Speaker, as of Monday, January 21, left guessing. today to override the President’s veto. 2008, 3,929 members of the United He was more than just a leader for In the State of Arizona, there are States military have died since the be- Texas; he helped make Texas a leader over 264,000 children that currently do ginning of the Iraq war in March 2003, for the Nation. The United States De- not have health insurance. That’s according to an Associated Press ac- partment of Transportation now looks about one out of every five kids. Across count. Today, I want to take this op- toward Texas as a model for other the country, it’s estimated that over 1 million children do not have health in- portunity to talk about just two of States to use to employ some of those these soldiers, residents of the Fourth innovative solutions to their chal- surance. I am deeply concerned, in addition, Congressional District of Wisconsin. lenging problems. And that was, in After these gentlemen have given so whole part, due to Ric’s unique vision because of the slowing of the economy, about the fact that we’re going to see much for their country and their com- for the State of Texas. munities, our community, I just must Shortly after Ric Williamson’s death, unemployment rates increase. And just last week, the Joint Economic Com- pause, we must pause. We can’t just the Federal Highway Administrator allow business to go on as usual until Richard Capka said, ‘‘He helped pave mittee came out and stated that ‘‘worsening economic conditions will we pay tribute here on the floor of the the way for some of the Nation’s most House to these young men and to offer likely create substantial increases in innovative transportation projects, and my sincerest condolences to their fami- demands in States’ Medicaid and Chil- he is largely responsible for bringing lies. highway financing for Texas and the dren’s Health Insurance Programs.’’ On January 5, Army Private First The JEC specifically linked employ- rest of the Nation into the 21st cen- Class Jason Lemke, age 30, was killed ment woes to demands for programs tury.’’ He got Texans thinking. He got in Iraq as a result of wounds suffered other Americans thinking on a broad like KidsCare. Nationwide, they pro- when his vehicle struck a roadside and deep level about issues regarding jected that between 700,000 and 1.1 mil- bomb. PFC Lemke was not just a sol- transportation in a way that probably lion children per year will be added to dier, Madam Speaker, but also a father had never been done before. the enrollment numbers for Medicaid of three young daughters, Amber, Liz During the memorial service for Ric and SCHIP due to the slowdown in the and Casey. Williamson, and many people got up economy. That makes acting to ensure When he was interred just a few and spoke on his behalf, it was fre- a strong SCHIP or KidsCare program in weeks ago on January 16, a family lost quently brought out how Ric Arizona and across the country abso- a loving father, a beloved son, his mom Williamson regarded politics as a full lutely critical, but it also reveals how and dad, Colleen and Greg, and brother contact sport. He would go at it with out of touch the President is and how to Jerrie and Jill Lemke. everything he had. And again, you al- willing he is not just to disregard our A 1996 graduate of Wisconsin Lu- ways knew where you stood with Ric children, but to disregard the future of theran High School in Milwaukee, Williamson and he wasn’t always easy our Nation. Jason wanted to enlist in the Army to live with. But Ric Williamson be- As the universal health care debate right after graduation from high lieved that these discussions should continues, there should be no debate school, but his parents talked him out take place within the light of day, not about health care for kids. Kids can’t of it. Instead, he worked and raised his behind closed doors, not in some work; kids can’t afford to pay health baby girls. In December of 2004, PFC smoke-filled room. So, it’s to his credit insurance premiums, and that’s why I’d Lemke answered the call of his heart that he pushed these ideas in the State like to thank the 259 colleagues on and enlisted in the Army in Milwaukee of Texas, but it was never done in se- both sides of the aisle for voting today and reported to Fort Benning, Georgia, cret; it was never done behind some to reauthorize KidsCare. in January of 2005 for initial entry veil. Everyone always knew where Ric Democrats and Republicans alike training. Williamson was and what he was doing. must stay united for the children of In May of 2005, he reported to Fort He will always be remembered by his our country. We are their representa- Lewis in Washington where he was as- friends and associates as a true cham- tives; we are their voices, and we must signed to A Company, 2nd Battalion, pion for all things Texan. He was speak out for them. That is precisely 23rd Infantry Regiment, 2nd Infantry unafraid to challenge the status quo. why I am speaking here today. It is Division, and his brigade was then de- He was highly regarded for bringing in- why I will continue to speak out here ployed to Iraq in April of 2007. One talent that sticks out in my novative ideas to provide safe, eco- in Washington and back home in Ari- mind was his exceptional linguistic nomic, and reliable transportation to zona and why I am not alone. I am skill. He possessed this extraordinary improve the quality of daily lives of all joined by thousands and thousands of skill, and he spoke both Spanish and Texans. voices across southern Arizona in call- Arabic, and I’m sure that that was an On a strictly personal level, Ric re- ing for Congress and the President to incredible asset to his fellow soldiers in mained a patient mentor to me, a fully reauthorize KidsCare. Iraq. His language training came about steadfast friend, and I will greatly miss In this economic climate, we must because the military saw something him. not fail to recognize health care as one of the most costly economic challenges special in this young man and selected f confronting businesses, confronting him for intensive training in Arabic. The SPEAKER pro tempore. Under a families, and confronting the children His proficiency in it speaks well of Pri- previous order of the House, the gentle- of our country. vate First Class Lemke’s own capacity woman from California (Ms. WOOLSEY) The SPEAKER pro tempore. Under a and ability to pick up a difficult lan- is recognized for 5 minutes. previous order of the House, the gen- guage in such a short time. I wish I had

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H435 had the opportunity to meet this out- appear hereafter in the Extensions of wanted to make something of himself standing young man. I can so relate to Remarks.) and thought the Army was a good place him, and I’m sure the rest of us can, in f to do that. He enlisted in March 2007, that he had his fair challenges in life. The SPEAKER pro tempore. Under a and, indeed, he made much of his life Here are some of the words that have previous order of the House, the gen- and paid the ultimate price for us, his been used to describe this young man, tleman from California (Mr. DREIER) is fellow Americans. just briefly, from his mom, Colleen. recognized for 5 minutes. This was a young man who did not ‘‘He’s my son, my little boy, and my (Mr. DREIER addressed the House. want to sit on the bench and let life friend. He always made me proud and His remarks will appear hereafter in pass him by. never disappointed me. His wit he the Extensions of Remarks.) His sister also noted that he had a shared with everyone. He always f big heart and would do anything for looked out for the underdog and did anybody. what he had to do. When he was with The SPEAKER pro tempore. Under a his kids and his sister’s kids, the room previous order of the House, the gen- Private First Class Lloyd deployed to was full of love. I’ll miss his head in tleman from Florida (Mr. WELDON) is Iraq in November as a member of the my lap when talking and watching TV. recognized for 5 minutes. 1st Squadron, 3rd Armored Cavalry (Mr. WELDON of Florida addressed He was not afraid to show his love. But Regiment based in Fort Hood, Texas. the House. His remarks will appear he’s home in my heart and soul today.’’ Yesterday Private First Class Lloyd From his father, Greg: ‘‘His grandpa hereafter in the Extensions of Re- was laid to rest at Good Hope Cemetery was in the Marines. His uncle was a marks.) in Milwaukee. Marine. His father was in the Army, f Madam Speaker, I wish to express my and my older brother was in the The SPEAKER pro tempore. Under a deepest sympathy and condolences to Army,’’ Greg said. ‘‘So there’s a family previous order of the House, the gen- the family of Private First Class Lloyd service thing here. He wanted to make tleman from Indiana (Mr. PENCE) is today: his sister, Christine; brother a mark.’’ recognized for 5 minutes. Thomas; his mom, Cynthia Allam; his In a last but fitting honor, Private (Mr. PENCE addressed the House. His dad and stepmother, Gary and Joanne First Class Lemke was posthumously remarks will appear hereafter in the Lloyd; sister Cora Lloyd; and brothers promoted to the rank of corporal. So Extensions of Remarks.) Kraig, Gary, and Joshua Lloyd. today, Madam Speaker, as Corporal f These men certainly made the lives Lemke’s family, friends, and his fellow THE 30-SOMETHING WORKING of those around them better day by day soldiers come together at Fort Lewis GROUP: THE ECONOMY and exemplified the character and to remember him in a memorial cere- qualities that enrich our communities mony, I rise to honor this valiant sol- The SPEAKER pro tempore. Under and our Nation. This is indeed a sad dier, loving son, and father, and to ex- the Speaker’s announced policy of Jan- day for the Nation. While as the Bible press my gratitude, condolences and uary 18, 2007, the gentleman from Flor- says, ‘‘each heart knows its own grief’’ that of the House to those who knew ida (Mr. MEEK) is recognized for 60 min- and I cannot possibly understand the him and loved him best. utes as the designee of the majority grief their families are going through The SPEAKER pro tempore. The gen- leader. today, I offer this timely tribute today tlewoman’s time has expired. Mr. MEEK of Florida. Madam Speak- to express the gratitude of a Nation f er, it is an honor to come before the and my condolences on their loss. House once again. As you know, the 30- 1530 Mr. MEEK of Florida. Thank you so b something Working Group comes to very much, Ms. MOORE. And I can tell The SPEAKER pro tempore. Under a the floor to share issues that are before you anytime we get a chance to come previous order of the House, the gen- the Congress not only with many of our to the floor and honor our patriots is tleman from Arizona (Mr. FRANKS) is colleagues but also with the American always a day that the Congress should recognized for 5 minutes. people. yield and pay respect to not only that (Mr. FRANKS of Arizona addressed But at this time, Madam Speaker, I individual but also the family. the House. His remarks will appear am going to yield to Congresswoman hereafter in the Extensions of Re- MOORE. Madam Speaker, I think it’s impor- marks.) Ms. MOORE of Wisconsin. Thank you tant we start to look at what the Con- f so much, Representative. gress is facing right now and the Amer- The SPEAKER pro tempore. Under a I rise, Madam Speaker, to memori- ican people are facing right now as it previous order of the House, the gentle- alize another of my constituents, Pri- relates to the economy. The news has woman from Ohio (Ms. KAPTUR) is rec- vate First Class Keith Lloyd, who died been for the last 5 to 10 days the econ- ognized for 5 minutes. of wounds suffered when the vehicle he omy, stimulating the economy, and it (Ms. KAPTUR addressed the House. was in struck a roadside bomb in Iraq is very important that we do so. And as Her remarks will appear hereafter in at the tender age of 26 on January 12. you know, many news accounts have the Extensions of Remarks.) He was born in Milwaukee. He went shown the President, also the Speaker f to elementary school in Milwaukee of the House, and the Democratic lead- The SPEAKER pro tempore. Under a prior to his family moving to Oak er in the Senate meeting. You have previous order of the House, the gen- Creek and then to South Milwaukee. also seen meetings with the Republican tleman from Indiana (Mr. BURTON) is Lloyd graduated from South Mil- leadership and Democratic leadership recognized for 5 minutes. waukee High School in my district in here in the Congress. The American (Mr. BURTON of Indiana addressed 2000 and worked in a number of retail people are counting on us working in a the House. His remarks will appear stores. He also took courses at Mil- bipartisan way, and I just want to hereafter in the Extensions of Re- waukee Area Technical College in Oak make sure that all Members know that marks.) Creek and ITT Technical Institute in this is nothing new for the Democratic f Milwaukee. House of Representatives, especially The SPEAKER pro tempore. Under a According to media reports, as a the majority of Democrats that are previous order of the House, the gen- teen, Private First Class Lloyd was not here, because we came in saying we tleman from Oregon (Mr. DEFAZIO) is crazy about high school, but he never wanted to work in a bipartisan way. As recognized for 5 minutes. shirked the responsibility that came a matter of fact, Madam Speaker, I (Mr. DEFAZIO addressed the House. with it. After graduation he wasn’t went back and pulled out a chart be- His remarks will appear hereafter in quite sure what career path to take, cause so many times here in the 30- the Extensions of Remarks.) like many high school graduates, in- something Working Group it’s impor- f cluding myself. tant that we share with the Members The SPEAKER pro tempore. Under a Finally, as a young man, he decided what we have already done and what previous order of the House, the gentle- to follow the path of his younger broth- we can do. And I will use this chart all woman from New York (Mrs. MALONEY) er, who had just completed a tour of the way up to today. is recognized for 5 minutes. duty in Iraq with the United States Many of these acts took place in the (Mrs. MALONEY of New York ad- Army. According to his sister Chris- first session of the 110th Congress, and dressed the House. Her remarks will tine, he was looking for direction. He it was the first time, with your help,

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H436 CONGRESSIONAL RECORD — HOUSE January 23, 2008 Madam Speaker, we were able to take Democratic leadership letter to the b 1545 the majority of the House: President dated the 11th of this month. So I think it is very, very important, Implementation of the 9/11 Commis- Also the Speaker has met with the Madam Speaker, to put those words sion recommendations, H.R. 1, passed Federal Reserve Chairman on January into action. with 299 Democratic votes with 68 Re- 14 and also the Democratic leadership And what I am seeing here and what publican votes. Raising the minimum meeting with Republican leaders on I have seen, Madam Speaker, of the wage, H.R. 2, passed 315 with 82 Repub- January 16. And those discussions con- last 4 to 5 days have been what one lican votes. The funding for enhanced tinue to go on, some that are docu- may see in a piece of campaign lit- stem cell research passed 253 with 37 mented, some that are undocumented. erature or what one may see when Republican votes. Making prescription A Democratic leadership meeting with someone speaks on television about drugs more affordable, H.R. 4, passed Republican leaders again the following how they are going to do things better 255 with 24 Republican votes. And cut- day. We also had a Democratic and Re- if they get an opportunity to do it. You ting student loan interest rates in half, publican leadership meeting with the have that opportunity. Don’t let that H.R. 5, passed this House of course with Treasury Secretary that took place on opportunity slip through your fingers Democratic votes, all the Democratic January 22, just a day ago. Also a when others try to derail the process. votes, 356 with 124 Republicans voting Democratic and Republican leadership Today, I can say that what took with Democrats on that bill in a bipar- meeting with the President that I men- place was an effort, and we tried to tisan way. And also creating long-term tioned a little earlier. override the President on the chil- energy initiatives, H.R. 6, which passed dren’s health insurance bill, we may 264 votes with 36 of those votes being We’re going to continue to pay atten- say the State Children’s Health Insur- Republican votes. tion to this bipartisanship, and when I ance program. I think it is important That’s bipartisanship. Those are say ‘‘we,’’ I mean those of us in the 30- with the 42 Republicans that voted major pieces of legislation, Madam something Working Group, because I along with Democrats, 218 Democrats Speaker. This is nothing new to the think it should be encouraged. We have voted in affirmative, it wasn’t enough Democratic majority. always talk about it. I, being a crea- to override the President, but it was a I think it’s also important to point ture of two previous Congresses, al- part of trying to take some of the bur- to just today here on this floor maybe ways said that bipartisanship can only den off American families, because about 2 hours ago, Democrats and Re- be achieved when the majority allows those families that are hurting right publicans voted to override the Presi- it to happen. We have a Democratic now, we know that health care cost is dent’s veto, and that vote was a bipar- majority now that is allowing it to a huge issue when you start looking at tisan vote, not enough to stop the happen. If we start talking and going how we are going to move this ball for- President from stopping us from doing back and forth on retail politics, the ward and how we are going to help what the American people wanted us to only people that are going to lose are American families. do. A bipartisan vote, 265, and that the American people, and I’m not in There are a number of organizations vote was a very important vote. We the business of seeing that happen. that are in support of the State insur- had 43 Republicans voting with us on I think it’s important also to know ance plan, what we call SCHIP, that that. that there will be statements made and are in support of this great piece of leg- I think it’s important, Madam islation. You have the AARP. You have Speaker, as we start to move forth on we have to make sure that we clear those statements up so that we don’t the American Medical Association. You this whole economic stimulus discus- have Catholic Health Association, and sion that we continue to work in a bi- have misunderstandings and we start going off into another direction on this Families U.S.A., along with a host of partisan way, but we’re going to need other organizations that I could spend more bipartisanship. Democrats are whole effort of bipartisanship. I’m say- ing that and I came to the floor with 30 minutes on the floor reading every there at the line ready to do it. And I last one of them off. But that is not that theme here today because it’s im- have a document here that’s very easy going to make a difference right now portant. If folks want to prove the dif- for any Member to get a copy of that for this debate or the action that we ferences between the two parties, find was prepared by the office of the ma- were going to take, that hopefully we another way to do it, not necessarily jority leader on June 5 of 2007: ‘‘House wanted to take place a couple of hours on this economic stimulus package be- Democrats’ bipartisanship leads to ago, to be able to allow children that cause so many Americans, Democrat, progress.’’ And I also would ask all of are in need of health care insurance. Republican, independent, those that my Republican colleagues to grab a We were denied that opportunity, and I can’t even vote yet, those individuals copy of it. But I think that it’s impor- can’t say that the Republicans stopped that are dealing with the muddiness of tant that we reflect back on this docu- us. I can say that 42 Republicans did life, that don’t have what they need to ment to really pay attention to what what they had to do to be able to stim- we have already done and what we can make ends meet, and our economy is ulate this, not only this economy, put- do. But we don’t want to end up getting not in the posture for us to play games ting more dollars into the pockets, ourselves in a situation where we start for several months to come going back very few dollars into the pockets of deal breaking. When I say ‘‘deal break- and forth. So as much as we can as Americans so that they don’t have to ing,’’ we know that the President and Members of the House, we need to spend those dollars in providing health we know that the majority leader has meet. We need to understand one an- care to kids that happen to be born met and we know that the Speaker has other. When we misunderstand one an- into financially challenged families, met at the White House just recently, other, we need to meet again to make and that would have been a way to as- just yesterday, and they have been sure that we can work together, some- sist them. But there were a number of meeting and talking on the telephone. thing that everyone talks about during Republicans that voted against the leg- As you know, we try to break this the election season that they want to islation that denied us from having down as much as we can. We also know go to Washington, D.C. and work in a that opportunity. that in the House, we have had a bipartisan way. I don’t care where you But I have hope, Madam Speaker, Democratic economic forum, which are, if your district is 89 percent Re- that before this 110th Congress is out was December 7, closing out last year. publican or 89 percent Democrat or we will be able to provide that level of This whole economic stimulus discus- what have you, independent, Green health care. We talked about universal sion and effort did not start when it Party, you name it. You don’t want to health care. Starting with our children started hitting headlines. We were al- run on the platform that I’m going to first is very, very imperative for us to ready out there on these issues. Ongo- Washington, D.C. to be a partisan. You be able to head in that direction. ing discussion between House leaders don’t run on that platform. You run on As we start dealing with the issues, and Secretary Paulson, who is the Sec- the platform that you’re going to bring when we move to the Senate, we have retary of the Department of Treasury, people together, that you’re going to rule 22, that you have to have 60 Sen- that has been going on. So many dates, work across the aisle to get the job ators to be able to bring anything to too many to note here on this chart. A done for your constituents. the floor in an appropriate way or to be

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H437 able to procedurally get it there. I at least one major act at a time of ur- productive if it is not within the spirit think it is important because I am try- gency on behalf of the American peo- of what we are trying to do here. ing to look down the road because I ple. We have done it before with other I also would like to share a state- have been down this road before. We major pieces of legislation, but this ment that was made a little earlier get that warm and fuzzy feeling in our economic stimulus legislation is very, today as we start talking about that heart and start believing what we are very, very important. spirit, and the Republican leader said, I reading and start saying, Wow, this is Now, Madam Speaker, I think that as hope that Democrats are not looking unbelievable. People are working to- we start to look at this, because I want to give nontaxpayers rebates or what gether and we are actually going to to make sure the Members are able to have you or incentives. I want to just move something through the process. communicate not only with the 30- clear it up. I am assuming that he is Republicans are happy. Democrats are Something Working Group but also not speaking of those individuals that happy. And then we run into a handful with me independently, or any staff or are paying payroll taxes, because they of Senators, and the Senate may very what have you that wish to do so, can are. So many individuals, they don’t well say, Well, we are not happy. And be reached at have to pay because they pay so much the reason why we are not happy is [email protected]. The in payroll tax, and we do have that. that I want to make sure that I can reason why I give that Web site out, And also when we talk about a tar- make some of the tax cuts that have Madam Speaker, we have to call it out geted audience, that targeted audience been put out there now that are not when we see it. It is almost like we are is the audience that will put the money right put into the moment, because in the football season right now, and into the economy versus saying, Well, I that is what this is about. there is a lot of replays, and some of have received this rebate check, or, I This stimulus package is not about the replays are called within the last 2 have received some sort of incentive stimulating the economy 8 months minutes from the officials’ box in what that will change my economic attitude from now. It is about stimulating the you may call the sweet area in a foot- towards spending, so I am going to go economy right now. And it’s important ball stadium. And I think it is impor- put it over here and invest it to deal that we get it to the target audience tant that if you see this kind of activ- with it at another time and another that is going to help us do that. And so ity that will derail this bipartisan spir- day. That won’t be the kind of invest- I think that any other great ideas that it that we have right now, we need to ment that will help us move this econ- may come out of, independently of the call it out. We need to be able to say omy forward. I think it is important bipartisan discussion that has been that that is going to be counter- for us to pay attention to that, and going on for almost double-digit days productive. We already know that the just because someone is what I define now will be counterproductive to us agenda in trying to continue the tax as financially challenged, means that moving this piece of legislation for- cuts that were brought about under they cannot participate in what we are ward. We know that when we come to President Bush, and I believe the Presi- trying to do in stimulating this econ- final rest on this legislation, we know dent is in the position of saying we omy because we need them and we need a lot of things are on the table that are don’t need that part of tax legislation them to keep this economy moving. going to create right-now jobs, that are to be a part of this stimulus package, I am glad to see that the spirit of the going to create right-now investment, that is for another date, that is for us majority, of Chairman RANGEL, who and it is going to be able to get into to deal with, that is for us to hash put out a statement today, the eco- the hands of Americans that are going through in the Ways and Means Com- nomic stimulus package, must help to spend those dollars to be able to mittee, which I am proud to be a mem- lower and middle-income families, I jump-start our economy, to be able to ber of, that is another day’s debate. It don’t think there is anything wrong bring it out of the, quote, unquote, I is not a debate on this economic stim- with that statement, and I think that don’t want to use the ‘‘R’’ word, but ulus package that we are going to it is within the spirit of what we are the recession that folks are talking hopefully bring to the floor within talking about here. Mr. RANGEL goes about and that economic indicators days. I want to be able to head that off on to say that the intent of the eco- some feel we are in, some feel we are so that we don’t have to waste the nomic stimulus package has not yet not. We have some individuals saying American people’s time to really get been written, but everything remains technically we may be in one. into this issue of another debate as it on the table; however, I would like to The bottom line is the economy is relates to the tax issue. So I think it is respond to suggestions that various Re- not what it needs to be to be able to important as we continue to move publican leaders have made to prevent continue the United States of being in through this process that Members the stimulus package from reaching the position that we are in right now, communicate with Members because a hardworking families. I think that it is also important that as we look at that, well, in a better position, a position we lot of folks say, well, it is just a lack as we look at that statement there, have been in the past, of being not only of communication of the reason why again, we are looking at responding, the largest economy in the world as it we are not able to be successful in and we are looking at working within relates to a nation but also being very pushing some of these issues forward. the spirit of this legislation that we I can also shed light on another strong and very vibrant. are communicating. We know that we can get in these issue, Madam Speaker, and that issue Many times things are said, like I very high altitude conversations of is the fact that we have a number of mentioned here earlier, like the Repub- saying that it is important for us to be different tracks that are taking place lican leader mentioned that he was able to have trade, it is important for here in the House and also in this Con- concerned about that it is important to us to see small business start-ups, it is gress. The campaign spirit that is out put it in black and white so that every- important for American people to be there right now amongst the Presi- one can understand. I know, I know my able to buy things at an affordable dential candidates, Democrat and Re- Republican colleagues want to make cost. But it is also important for us to publican, and what we do here, that sure these tax cuts meet lower and pass this economic stimulus package spirit, the spirit that we have here in middle-class families. I hope that I am within days, not weeks, not months. So the House may very well be broken not proven wrong as it relates to any I want to make sure, speaking to all of based on what someone may say, and vote that may happen in committee or my colleagues here in the House, that many of those individuals are Members any vote that may happen here on this we move with the spirit of saying that of Congress, may say as it relates to floor. But it is important that we put we are going to deal with the target their plans. Making those political these statements out there and for it audience that we are trying to reach statements here on the floor through to be able to reach these hardworking right now, and that we are going to do legislation or trying to push into an families who work from paycheck to it in a way that is bipartisan and that economic stimulus package because paycheck and make contributions to we won’t have any last-minute legisla- someone said it on the campaign trail Social Security and Medicare, as Mr. tive Hail Marys or amendments or pro- and for them to be able to say, well, RANGEL goes on to say, or who may cedural maneuvers that will stop us that was just introduced, you know, in have recently lost their jobs, any argu- from achieving the goal of carrying out the, in this discussion, may be counter- ment on this issue that will be equally

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H438 CONGRESSIONAL RECORD — HOUSE January 23, 2008 met with vigorous discussion as it re- how they came together and made this Just to give you an example on how lates to tax incentives to businesses. happen without trying to make a polit- this ripples throughout the economy, Now, here is another piece as we ical stand. we have an aluminum extrusion manu- start to look at this very issue, dealing I think that from what I’m reading facturer in Gerard, Ohio, 300 pretty with businesses and dealing with indi- and what I’m seeing, it seems like the high-paying jobs that’s going to close viduals. The backbone of our economy President is on board. It seems like the down because they supply the alu- are small businesses, and I guarantee Speaker is on board, seems like the minum for the housing market, not you that small businesses will be a part majority leader is on board. It even commercial but the housing side. of this economic stimulus package. But seems like the minority leaders in both So this downturn, this bubble busting at the same time, let’s not leave back chambers are on board. has this ripple effect throughout the in the dust those Americans that we So as we look at rule XXII over in economy, and that’s why I think you know that will pump dollars into the the Senate and we look at the 60 vote, see us in the position that we are in economy and we know that have been the procedural piece that has to happen today. paying payroll taxes and we know that before you get to bring in any bill be- But if you look at what we are doing have been paying into Social Security. fore the Senate, that that spirit lives long term, for long-term stimulus, So when we look at that, let’s make within those Republican Members that what we’ve tried to do with stem cell sure that we work in a bipartisan way will help us get to that 60. research here in the Congress, that and that we understand each other. When I say ‘‘us,’’ it’s only 51 Demo- opens up whole new vistas of oppor- Madam Speaker, I encourage rapid crats in the Senate, but let’s continue tunity in the health care field. That response. I encourage Members to say, to pay very close attention to it. opens up opportunity for research and Well, if this is the way I feel, I am Mr. RYAN, I’m so glad to see you all development in a growing field. going to say the way I feel, but at the the way from Niles, Ohio. We know the If you look at what we are trying to same time, be able to receive that an- Republicans will be going to a retreat do with alternative energy, you will swer or, at the same time, continue to this week. So we have an opportunity see that these investments that we are meet. to work off line and do some work and making into the research and develop- This chart I pulled out earlier, get back to the district and do some ment of a lot of these alternative en- Madam Speaker, twice on this chart, great things. But this whole issue ergy technologies, those are invest- and we will have it every time we come about economic stimulus, I tell my ments that are going to yield great to the floor in the 30–Something Work- friends, when I come to the floor, even benefits for us, because long term, you ing Group, Democratic leadership when you’re not here, I make reference know, someone has got to make the meeting with Republican leaders, 1/16 to what I have seen in your district, windmill. Someone’s got to make the of this month, Democratic leaders what is happening in your district and hydraulics for the windmill. Someone’s meeting with Republican leaders, 1/17. how important this bill is for Ohio just got to make the blades. These things If they met in the a.m. and p.m., I as important as it is for Florida. need to be trucked around. These com- would like to even put that down be- I yield. ponents need to be assembled. cause I think it is important that we Mr. RYAN of Ohio. Madam Speaker, I That is a direct investment once this have that. Goodness gracious, if we think what is happening now high- technology is purchased or at least im- were able to pull together this package lights a lot of what has already been proved and able to produce some suffi- in a way that American people will see going on in a lot of areas around the cient amount of energy, that’s going to that folks are actually talking daily in country. I think when you start to look be American manufacturing. If you a meaningful talk, not just shooting and see people are talking about the look at solar panels, that could be a po- shots over the bow of the ship, mean- downturn in the economy and jobs and tential opportunity for American man- ingful talk, hopefully we will be able to what is happening now: Unemployment ufacturing. resolve issues like the impasse that we rate going up, people not having the So before I kick it back to you, it’s have had on the issue of health care, disposable income. When you look at a important that we recognize some of the impasse that we have had on the lot of areas, and it is not just Niles, these long-term investments that we issue of Iraq and other various impor- Ohio. It is not just Youngstown, Ohio. are making here. And one of the ones tant issues that have come before this It is not just Akron, Ohio. It is in Des that we saw, if you were looking at Congress. Moines, Iowa. It is in Waterloo, Iowa. some of the economic indicators from It is in Detroit, Michigan. It is in all of the summertime when the wage was b 1600 the industrial Midwest where, quite passed and implemented, there was ac- This should be encouraged. I’m a frankly, globalization has had a nega- tually an increase in consumer spend- Democrat. I enjoy being in the major- tive impact on a lot of the commu- ing. It shouldn’t be much of a surprise ity. And I hope that we are in the ma- nities there. because if you put more money in the jority for as long as the sun rises in the So this stimulus package, I think, as pockets of these folks, that’s what hap- East and sets in the West. I hope that you have been talking about over the pens. happens. past 30, 35 minutes or so, it needs to be Finally, before I give it back to you, But as long as we are in the major- targeted to those families that are it’s important to recognize for the ity, it doesn’t mean that we can’t also going to spend the money to stimulate American people that this stimulus have that same spirit towards biparti- the economy, those small businesses, I package, what we are seeing here is sanship, and that’s important. Because think, that are going to reinvest back going to stimulate the economy, is I have been in the minority before, and whether it’s in a machine shop in what we have been arguing about here I know how it feels. I know how it feels Streetsborough, Ohio, or wherever the since President Bush came in with his when you can’t get a bill agendaed in a case may be. But make that money lopsided tax cuts for the top 1 percent. certainty; you can’t get a bill agendaed available. Now, if you give somebody who in the committee or you can’t get your But I think it’s also important for us makes millions and millions of dollars amendment heard on the floor. I know to talk about what we’ve been doing a year—and God bless you if you do. We how that feels. since we’ve been in the majority to af- want you to make money. We are not But I think it’s very, very important fect the long-term growth of the econ- against you. We understand the impor- that as we look at these very impor- omy. And I think, you know, one of the tance of people investing in business in tant issues that are facing our Nation, past Federal chairman’s said that our country. But that person is not that we use that bipartisanship in a they’re just too many bubbles, you going to take a couple hundred thou- way that we haven’t used it in the past. know. That was the problem that we sand dollars that they get in a tax cut And we have passed bills in a bipar- have had here. and go out and spend it. What are they tisan way, as I said a little earlier in We had the tech bubble in the 1990s going to spend it on? When you have the hour, but do it in a way that it will and the low interest rates and the that money, you have everything that be a jaw drop for the American people. housing bubble, and now we are look- you need. You are not going to go out They’ll say, wow, this is interesting ing at that bubble bursting. and say, ‘‘Well, I got a couple hundred

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H439 thousand dollar tax cut. I’m going to need to get this economic stimulus Afghanistan is the gateway to nar- go out and buy a new pair of shoes package passed. But in the Senate, I’m cotics, illegal drugs into Europe. And now.’’ concerned. I’m very concerned because so the fact that I know that they’re You have everything that you need. you have 51 Democrats and you are playing a role already, but I’m saying So that cut does not have the economic going to need 9 Republican Senators, that even a greater role, we are in it stimulus, and if it is getting invested, and I’m hoping, just hoping, that we because of terrorism. We are in it. let’s be honest. That is getting in- are able to get the nine for it to be true Madam Speaker knows exactly what vested in Asia. If you are looking to bipartisanship. So that means the Re- I’m talking about. We are in it not make money and put it in the market publican leader is just as important as only in the terrorist end, terrorism, or you are looking to buy a particular the Democratic leader, and we are try- trying to prevent terrorism not only in stock, you are going into a certain ing to move this process through. the world, but also domestically. And I think that we need to pay very area, and it would behoove you to put b 1615 that money somewhere in Asia. close attention, and also pay attention So, having said that, the tax philos- to what is being said in the Senate, But I think it is important that the ophy that we have here that you should what’s being said here in the House be- EU plays a greater role. There is going give middle class tax cuts to folks, if it cause this piece of legislation is too to be three reports released, from what stimulates the economy now, if it is important. I don’t think that Demo- we were told in committee today, and good for the economy now, it should be crats can hang their hat and say, ‘‘We the next 10 days dealing with that vari- a good fiscal policy. passed the legislation to stimulate the ation. Mr. MEEK of Florida. It’s still good economy.’’ I don’t think the Repub- I shared those two scenarios just to seeing an appropriator speak in tax licans can say it without saying Demo- say that as we start looking at the bi- language, talking about tax issues. So crats, vice versa. So I think that is im- partisanship spirit that we have, the it’s good to see it. I just wanted to let portant that we pay attention. And I bipartisanship spirit that we have and you know how much I appreciate it. keep saying that because I know that continue to build on, we have to do it Mr. RYAN of Ohio. I appreciate you, in this building, and we are talking in all economic issues, because we can just in general. about the 500-plus Members of Congress talk about the war, and the two wars Mr. MEEK of Florida. I thank you, and all of our great ideas that we may that are going on, it has a lot to do even though I talk about appropria- have, coming to the table with an with economics that we are facing or tions all the time. amendment or making a procedural the problems that we are having here Mr. RYAN of Ohio. I know you talk move through any one of the said com- in this country as it relates to our own about appropriations all the time, espe- mittees could very well derail this spir- economy because of the debt that we cially when you are trying to get it that we have. are spending, or that we are paying money from appropriations for very We have a war that’s going on in down on, and it is continuing to build. important projects and investments in Iraq. As of today, we have 3,929 individ- It is continuing to build, even though your district. In Hollywood and Miami, uals that have lost their lives in Iraq, we have spent several hours here on there are a lot of needs there. and we have had a number of them this floor talking about if you are Mr. MEEK of Florida. And my con- wounded in action, 15,996. And we have going to spend it, you have got to pay stituents surely appreciate the help those families that are living in this for it. Then we find ourselves in a situ- and assistance because they pay economy. ation where we are pushed up in a cor- enough taxes, and we’re up here mak- Mr. RYAN of Ohio. And the latest re- ner of the wall where the American port is 650,000 Iraqis who have been ing sure that if they pay their fair people have to pay for the fact that we killed as well. share, they get their fair share back. are unable to work in a bipartisan way Mr. MEEK of Florida. That is cor- Mr. RYAN of Ohio. They should get to get the job done in the time we rect. So we have a number of loss of some back. You are exactly right. should get it done before it becomes a life. crisis situation. Mr. MEEK of Florida. That’s correct. The point I’m trying to make here is So this bipartisanship is just a lot Mr. RYAN of Ohio. And I know you that we even have numbers for Afghan- bigger than just a word. You can just have water projects there and edu- istan and what is happening there, and say I am bipartisan. It is bigger than cation projects there. You have energy we just had an Armed Services meeting projects there. a little earlier today, and there is dis- that. It has a lot to do with how much If we are going to have the kind of cussion. One of the witnesses, a lieu- we pay for something. It is almost like development that we have, the eco- tenant general, said, ‘‘Well, the Af- a plane ticket. I am breaking it down nomic development that lifts up all ghans are saying what, Americans, will because I want to make sure, because congressional districts, we have to you leave us?’’ Well, this is a big ques- here in Washington we have big, lofty make all of those investments. tion when we talk about spending, we terms and using acronyms. It is like a Mr. MEEK of Florida. You’re right. talk about the economy. plane ticket. If you have to buy a plane You’re right. Let me draw this picture here. You ticket, and you buy it on the day of I was talking earlier before you go to dinner with your friends and travel, you are going to pay more than walked in on cloture. I believe it’s there’s six of you, and the bill comes you would have paid 30 days in advance called cloture in the Senate, and it’s an out to like, I don’t know, 4- or $500. or 2 weeks in advance or a 7-days-in-ad- old French word for closure. You hear You have been there for a couple of vance ticket. it all the time, but you don’t nec- hours, of course ordering several appe- Without bipartisanship, we find our- essarily know the meaning of it. It tizers and ice tea and an entree, and it selves buying the ticket hours before sounds like it was something as it re- comes up to $600. Do you spend the the flight when it is imperative that we lates to clothes, but that’s what it time of divvying up the bill and col- get on the flight, when we could have means in English pretty much. lecting the money, or do you always gotten on it cheaper and even probably And I think that when we look at have to get up and say, ‘‘I have it. I’ll better seating with a 30-day-in-advance this issue and the fact that we always take care of it?’’ You know what I’m or a 60-day-in-advance. get to the point where even when we talking about? As we look at this, we have to not get our act together here in the House, That’s what America has been saying only clip, but we have to pay attention. it’s either one or two Chambers. It’s ei- to every conflict we have ever had. Af- I am asking all the Members to pay at- ther the House or the Senate. ghanistan, for what needs to happen tention to it, because we pay more Let’s look at the SCHIP override. there, do we always have to be the peo- when we fight on these issues that The Senate has a veto-proof vote in the ple there who say, ‘‘I got it?’’ must happen here in this country on Senate: 68 Senators voting in the af- The euro is doing a lot better than behalf of the American people. firmative for SCHIP. the dollar right now, and there’s a sep- Mr. RYAN of Ohio. The point, too, is In the House, we fall short. I think aration between NATO and EU, and the decisions that you make, I think, here in the House that we may very they have their own account and and so articulately explained here, the well have the kind of bipartisanship we they’re making investments. decisions that you make have long-

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If you make bad pening right now and what the Presi- we did in the first half of the session. decisions, as we have seen, now, regard- dent has to say when he comes and We can’t paint a clearer picture on how less of where you were on the war, walks down this aisle next week, I be- important this is. what your position was before it start- lieve, when he comes in here to come In closing, Mr. RYAN, I want to ask ed, or when it started or how your vote talk to us about what’s going to hap- you if you would, we still have time, a was, we now have to calculate and fig- pen in this economic stimulus package, few minutes, if you would, and our col- ure out $1.3 trillion was spent on this what’s going to happen as it relates to leagues, you see these ideas, that is war that we elected to go into that now the two wars going on, what’s going to how they come, being drafted or being has been proven time and time again happen as it relates to health care. mentioned, or something outside of the that Saddam Hussein had nothing to do This opportunity that we have now, 10 bipartisan discussions that have been with 9/11. Hussein did not have weapons days of discussion, bipartisanship, he going on that is here on this chart, and of mass destruction. stepped off the plane from the Middle you are not bubbling your great idea to As policymakers, we need to look East and had bipartisanship stamped your leadership, and your leadership is back and evaluate whether or not this on his lapel saying we have got to get not putting it on the table, and I see was a good decision; $1.3 trillion at the this going. We have to make it happen your leadership, Democrat or Repub- end of next year, or at the end of this even though there was a letter that the lican, then it is going to derail what year will have been spent on this war. Speaker and the majority leader wrote the American people want. That is an We look all across our country, and has him on 1/11 of this month saying, opportunity to stimulate the economy it helped reduce gas prices? No. Has it What’s the plan? This is what we want and stimulate the family economy and helped create stability around the to do. We have to stimulate the econ- to make sure that we can remain world? No. Did it decrease the number omy. Let’s do it. strong and prosperous. of terrorists around the world? No. It We had our economic summit on 12/7 Mr. RYAN of Ohio. You mentioned actually increased the number, and of last year, having deep discussions as bipartisanship. I think, as we are clos- every intelligence report from all over Democrats on this very issue. I think it ing out here and as we had the vote the world will tell us that. is important, the President comes today on the SCHIP bill, that it’s im- We need to understand that as we down. He has to almost give the speech portant for us to recognize how far make these decisions, whether it is on of his life, but guess what? Action has away the President is from bipartisan- the stimulus package, whether it is on to follow it. This reminds me, Mr. ship on some of these issues. Here we our Tax Code, whether it is on the in- RYAN, I think we were both State sen- have the SCHIP, State Children’s vestments that we are going to make ators at this time, when the planes hit Health Insurance bill. This was a pro- in this country, these are big decisions, the Twin Towers, the plane hit the gram that was started by Newt Ging- because the ramifications are pretty Pentagon and one went down in Penn- rich and President Clinton to invest big when you look 5 or 6 years down sylvania, that spirit that we had then money into the health of poor and mid- the line and could be as costly when when people were willing and looking dle-class kids. The program was $35 bil- you get into an elective war as $1.3 tril- for leadership on the issue of how we lion over 5 years. It passed this House lion. are going to come back together as in a bipartisan way with many, many, These are the kinds of decisions that Americans and how we are going to many Republican votes, mostly Demo- we are making here, and I think it is pick this country back up. We have cratic, but many Republican. very important for us to recognize, as this opportunity. The President vetoed this bill twice. we make them, that these have long- The President has this opportunity So a bipartisan bill drafted by Newt term ramifications. The tax cuts, you to lead. This is his last year in office. Gingrich, signed into law by President combine the war and the tax cuts. We have Republicans and Democrats Clinton is vetoed a couple of times by When our friends were in charge of this that have an opportunity to change the President Bush. His reason is it costs body for 6 years, since President Bush opinion of the American people on how too much money. It’s $35 billion over 5 was in, and President Bush was Presi- we can work together. years. dent, a Republican-controlled House So in this last half of this 110th Con- This is the same President that and Senate, $3 trillion was borrowed gress where we are talking about bipar- raised the debt limit five times and ran from the Chinese, the Japanese, to in- tisanship, and I am just saying talking up $3 trillion in debt and turns around crease our debt. So our debt went up by about it, let’s show them some real ac- days later and asks for another $200 bil- $3 trillion. They raised the debt limit tion. We came together on economic lion in Iraq, but he doesn’t have and five times. So when you combine the stimulus. We came together on this doesn’t see the sense in the investment Bush tax cuts with the war, some very issue of Iraq. This discussion that I am of $35 billion over 5 years for kids’ immature policy decisions were made. hearing the President, I want to go and health care. So when you hear ‘‘bipar- Mr. MEEK of Florida. The bottom have this kind of bilateral discussion tisan,’’ you have got to be skeptical. line is, you have your back up against and sign a piece of paper and lock our Now I want to kick it to who we very the wall, you have to make a decision, hands on Iraq for years to come, is not affectionately refer to as our ‘‘mother’’ you have to do it now. bipartisanship. There has to be some here in Congress, STEPHANIE TUBBS Mr. RYAN of Ohio. Now. discussion in Congress on that. JONES, who, I know I saw her on TV at Mr. MEEK of Florida. You can’t wait. It is important that as we start look- the Presidential debate the other You can’t throw it off to the side. You ing at Afghanistan and what we are night, Madam Speaker, and I think Mr. can’t, say, sling-shot in the end for a going to do there, I think it is very im- MEEK, and you were there too, that it win. You can’t do any of that kind of portant that the President can use that seems like Mrs. JONES may have gotten stuff. You have to do it in a very re- in a bipartisan way. So if we are going more TV time than Hillary Clinton got sponsible way. to make a deal, let’s make a deal on bi- during the Presidential debate. Again, if we keep saying it, if I look partisan agreements as we move from Mrs. JONES of Ohio. I don’t know at the CONGRESSIONAL RECORD tomor- this point on. This is the talk of the whether I did or not. I wanted to come row and see bipartisanship, bipartisan- year that a lot of folks have made New to the floor and say how proud I am of ship, and even more bipartisanship, Year’s resolutions. I don’t know. my ‘‘sons,’’ Kendrick and Tim. Actu- that is fine with me, because it is al- Maybe the President said, I am willing ally, they are not my sons, but I call most like McDonald’s. I mean, I feel to be bipartisan, and he talked about it them that anyway. like going and getting a number 3 after during his original campaign. I am not But I come here and look, and I have a football game because I have seen it a divider. I bring people together. I Anna and Mary who are visiting the eight times. I really think I actually make sure that folks worked together, House floor today, and these two young like certain things at McDonald’s, I mean, united. I mean, that was the women are examples of how important which I do. You can just look at me word that he used. SCHIP could be to the children of and tell. I think that if we want to do that, America. I am so glad they had a But I think it’s important that we then we are going to have to do it in a chance to join me with one of my good continue to talk about what’s hap- way that does an even better job than friends, Robin. We serve on a couple of

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I will take this minded that it is not order to refer to ers and people who live along the Rio pink sweater and this red ribbon and I persons on the floor of the House as Grande River on the American side will look gorgeous. guests of the House. have bars on their windows because But I am glad to join my colleagues they are afraid of people who come f here on the floor of the House as we across from the southern part of the talk about the economic stimulus, be- VACATING 5-MINUTE SPECIAL United States committing crimes. cause the people of Ohio need a stim- ORDER Madam Speaker, I want to make it clear I am not talking about everyone ulus. They need jobs, they need health The SPEAKER pro tempore. Without that comes to the United States is here care, and they need jobs that make real objection, the ordering of a 5-minute to commit a crime. I am not saying money. They need to be saved from Special Order in favor of the gentleman that. I am saying when we fail to en- these mortgage brokers who have hurt from Texas (Mr. POE) is vacated. force the rule of law, that being you them deeply. There was no objection. I recognize my ‘‘sons,’’ of whom I am don’t come to America without permis- f so very proud. sion, that we get everybody. We get the Mr. MEEK of Florida. Thank you so BORDER WARS good, we get the bad, and we get the ugly. Right now, Madam Speaker, we very much, Mrs. JONES. Being a mem- The SPEAKER pro tempore. Under are getting a lot of bad and we are get- ber of the Ways and Means Committee, the Speaker’s announced policy of Jan- we talk about the economy. I know ting a lot of ugly. uary 18, 2007, the gentleman from Let me give one example of those that we will have a lot to do and say Texas (Mr. POE) is recognized for 60 people who come in and flaunt the law about that, and we talked about a bi- minutes as the designee of the minor- of the United States that you don’t partisan spirit. But we have, I think, ity leader. come here without permission. I have like 2 more minutes left. But if you Mr. POE. Madam Speaker, I come to here a night shot taken, and I am not want to share anything as it relates to you today to discuss what is going on sure that it can be seen, but I will hold the economy that you would like to internationally with our country. You it up anyway. This top photograph is a share with us, you can. know, this country is at war in Iraq. night scene of the bottom photograph. Mrs. JONES of Ohio. I will recognize We have been for a number of years. This is a photograph on the bottom of each of you. Thank you very much. This country is at war in Afghanistan, the Rio Grande River near Laredo, Mr. MEEK of Florida. Thank you, and we have been for a number of Texas. Across the river is Mexico. This Mrs. JONES. years. is the nighttime version of that. We want to encourage the Members While the news from the front is en- What we see here is a raft with sev- and also anyone who is watching us couraging, both of those wars are not eral individuals coming to America here on the floor, the 30-Something over with yet. And it is interesting to without permission. They are all Democrats at me that even though we are sending dressed in black uniforms. You notice [email protected] and our troops, our young men and women, the guy in the front has an AK–47. That www.speaker.gov/30something. You the finest America has to offer, half- is an automatic weapon made in China. said something that I think is very, way around the globe to protect the You also see, Madam Speaker, that be- very important in this debate. dignity of other countries, it concerns hind each of these individuals coming We are not here drinking the tea. I me that we fail to protect the security in the raft are duffle bags. In those duf- mean, we are not here saying, Oh, let’s of our own Nation on the southern bor- fle bags are presumably drugs, nar- just all link up together and flowers der of the United States. cotics, cocaine or heroin or both. falling from the ceiling and all and Because, Madam Speaker, there is a These individuals are foreign nation- that we are working in a bipartisan border war going on in the United als. What happened was these individ- way. What we are doing is saying that States on our southern border. Unfor- uals were Guatemalan soldiers trained we are working like the American peo- tunately, too many people, especially in the United States. Once they went ple would like for us to work on this here in Washington, DC are blissfully back home, they started working for very important issue. We are hoping ignorant of what is taking place on the the drug cartels that paid them a that the President continues to do southern border. You see we have two whole lot more money than being Gua- what he is doing as it relates to talking international borders. We have one temalan soldiers. They switched sides, to Democratic leaders and real-time, with Mexico and we have one with Can- and now they smuggle drugs into the Democratic leaders speaking with the ada. The number one duty of govern- United States on behalf of the drug President, Republican and Democratic ment is to protect the people, to pro- cartels. The individuals, you know, are leaders in the Congress continuing to tect America from all incursions, all the bad, and they are the ugly. The work together in real-time, meeting invasions. reason is the border is not secure. If day after day, morning and evening, so So we send our troops halfway the border was secure, these outlaws that we can put together a work prod- around the world to protect the inter- wouldn’t be coming over here without uct so that we can all work for it and est of the United States in Iraq, pro- permission. get it out to the American people. tect the interest of the United States That is just one example of what is Mr. RYAN of Ohio. I think you have in Afghanistan, and I agree with what taking place on the southern border of done a great job today, Mr. MEEK, and we are doing in Afghanistan and Iraq. the United States. I just want to say how proud I am to But we also need to be concerned about Madam Speaker, there are three, come down here with you and make what is taking place closer to our some argue four major drug cartels in these points and listen to you break homeland, and that is the border wars Mexico that bring that cancer into the down the issues of the day where you that are taking place. United States and sell it. Right now are putting the cookie on the bottom Why I say that is I have been down, those drug cartels work with the shelf. while I have been in Congress these 31⁄2 coyotes. We call those people years, I have been down to the Texas- ‘‘coyotes’’ because they, for money, Mexico border now 13 times. I have also smuggle people into the United States. b 1630 been to the border between California And the drug cartels and the coyotes Mr. MEEK of Florida. Mr. RYAN, days and Mexico. now work together smuggling drugs like this you just have to plow through Madam Speaker, each time I go to and people sometimes in the same load. it. the border I see more evidence that we In other words, when our Border Pa- With that, Madam Speaker, it has are not winning the border war, that it trol stops a vehicle sneaking into the been an honor to address the House. is more difficult, it is harder on our United States, they will find not only

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We hear we ing place on the border, that silent for- we let them in because that is the pol- need more guest workers and we don’t gotten border war that is taking place icy we have been given. It looked to me have guest workers. Madam Speaker, in America. like that was the policy. we bring in 1.2 million guest workers a There are several places in the So, Madam Speaker, the first thing year to work in this country. So we United States that border Mexico and we do is the basics: We secure the legal have guest workers. Whether we need border Canada that we call legal ports ports of entry, and not by allowing one more or not is another issue, but we do of entry. Those legal ports of entry are of 8,000 documents to come into the have guest workers. But when a guest where people come to the United United States, but we need to follow worker comes in, make them have the States the right way, the legal way, the 9/11 Commission that recommended passport and then make them have a the way they are supposed to come into that anybody entering America should bona fide visa that we can also stand. the United States. have a passport. But yet here we are in Right now when an individual shows up Now if you are from Mexico or Can- 2008, almost 61⁄2 years since 9/11, and yet for a job the way the employer checks ada or the Caribbean islands, you get a we still don’t use that universal docu- the legality of an individual is calling break in coming to the United States ment of a passport to require entry on the telephone a 1–800 number to the that other foreign nationals don’t into this country. Social Security Administration to have. If you are from Brazil or Chile or My question is: Why not? And the make sure that this guy has a Social Guatemala or Germany, the only way reason is because of political pressure, Security number. That is ridiculous. you come to the United States legally political agendas by people here in the Social Security numbers were never is with a passport. We have all seen United States and abroad to prevent meant to be an identification system. passports. That is the universal, world- that from happening. Social Security was set up so some of wide document of legal entry into an- So let’s assume that people have to us, hopefully some of us, will be able other country. use a passport and that passport that some day to get some type of retire- But if you are from Mexico, Canada we have now has all types of electronic ment. It has nothing to do with secu- or the Caribbean island, you can come coding barcodes in it. And when those rity and identification of people com- in using almost any type of document. people come across in that vehicle, ing into the country. So we shouldn’t There are now about 8,000 different doc- rather than just look in the car or ex- use that system. uments that those people from those amine a few documents that may or The employer should have the bona countries can use to get into the may not be forgeries, everybody’s pass- fide visa hard copy and able to keep it United States, including everything port could be taken, you scan it across until that 6 or 8 months is over for that from a baptismal certificate to some the scanner, the border agent at the guest worker, and then that person type of other document like a passport. border automatically sees on the needs to go back home. They have it So when these people come to the screen whether anybody has a criminal recorded who the legal immigrant is border, let’s say Laredo, and they are record, gets their real name, we record working for. That is the fairest way, lined up to come into the United who comes into the United States, and the simplest way, but we don’t do that. Now the Federal Government is talk- States, the border agent that is stand- therefore we have a permanent record ing about using another type of identi- ing on the international border letting of those individuals. And he then re- fication for people coming into the people in sometimes doesn’t even turns the passport. That is the sim- United States from Canada and Mexico. check the documents. How do you plest, the most secure way to ensure know that? Because I saw it when I was that people are not fraudulently walk- b 1645 down there. They look into the car, ing through the ports of entry and try- Why do we do that? Why don’t we they make sure that the people or they ing to get into the United States. just require everybody to have a pass- ask a few questions, and they let those Madam Speaker, if I send a package port? It makes no sense to me. people come into the United States. somewhere in the world, let’s say I Madam Speaker, the second problem Sometimes they look at paperwork. send it to Russia and I send it by Fed- we have is that the Immigration and Sometimes they don’t. But they come eral Express, like in the movie with Customs Enforcement Administration, into the United States presumably law- Tom Hanks, and it goes to Russia, well, good folks, but there’s not enough of fully. you can actually use on the Internet, I them. They’re understaffed and they’re But the problem is, Madam Speaker, can since I am sending the package, underfunded. They enforce the law we do not record who comes into Amer- whether it’s UPS or Federal Express, I once the immigrant, legal immigrant ica. Assume everybody in this vehicle can track where my package is going. I has come into the United States past is coming into the United States the can see where it is going because every the 25-mile rule. What I’m saying is right way. They have legal documents. time it makes a stop, it is recorded. It this: On the border of Canada and the They have a visa to come in. The is tracked all the way to Russia, and I United States, Mexico and the United United States Government doesn’t can find out when it gets there. States, Border Patrol patrols the first record who those people are. We just Now if we are smart enough to devise 25 miles trying to capture people who let them pass on through. We have a system like that to track packages, are coming here illegally. After that 25 been doing that for years. So the port why don’t we track people who come miles, ICE, as it’s called, Immigration of entry is an area where we first need into the United States when they have and Customs Enforcement, patrols the to beef up security because if the per- permission to come here? I don’t know. rest of America trying to capture peo- son in that vehicle or a pedestrian We just don’t do it. ple that came through the net, broke walking across the border can convince So, Madam Speaker, I recommend through the net. And they are enforc- a border agent that they can lawfully that we follow the 9/11 Commission and ing the immigration laws. And there’s come into the country, they are waved require every person who enters the not enough of them because there’s on by in many cases; not in every case, United States, or leaves the United way too many immigrants that have but in many cases. States, to have a passport. When I say been here for years and have never When I was in Laredo, Texas, at the leave it, when those individuals come been confronted about being in the lawful port of entry, the border agents here lawfully, we now know that 50 United States illegally, or legally, for there, the agents at the border, were percent, almost 60 percent of people le- that matter, if they’re an overstay. So very concerned about talking to me in gally coming to the United States, the interior enforcement needs to be private because, you see, their super- they never go home. They just stay. restructured. We need to have more en- visor followed me around while I was The reason they stay is because who forcement officers enforcing the rule of

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So what happens is when, on a legal basis who come to the person is arrested for drunk driving, let’s say, a person contracts with a United States, he’s forced him out of let’s say, that they can do an immigra- coyote to come into the United States, business. And the same is true of busi- tion background check and see whether they pay several hundred, several thou- nesses that hire Americans, because that person’s legally in the United sand dollars to this coyote and the coy- the cheap plantation labor that is States or not and then hold them for ote brings them in 30 miles to the being furnished by people who are un- ICE to be deported later. They can United States. The contract is to get scrupulous businessmen is driving the work in cooperation with ICE, not go them past the Border Patrol. Once economy down. But they’re making out and arrest folks at work sites, but you’re by the Border Patrol, we’ll let money out of it, and so they need to be people that come into their possession you out of the vehicle, you pay us prosecuted. I know that’s heresy, but because they’ve committed some other money and you’re home free; nobody’ll we need to go after them and prosecute crime. Because, you see, sanctuary cit- ever catch you. So the other side un- them because it’s been the law for a ies in many cases won’t allow the po- derstands the rules and understands long time. lice officers to even ask the person what’s happening. So ICE, good folks, I Madam Speaker, we hear about, well, they arrested, Where are you from? know a lot of them, they just need we need illegals in the country to help Can’t even get that basic identifica- more help in interior enforcement of the economy. If our economy is based tion. the United States. upon illegal workers, then there’s So the 287(g) program is a good pro- Madam Speaker, I want to mention a something wrong with our economy. gram. It would allow local law enforce- little heresy now, because, you see, the But be that as it may, we hear that, reason people come to the United ment agencies to help in the cause of well, illegals help the economy. And States, many of them, is to work. protecting the dignity of the United then we hear on the other extreme, no, Some of them come legally, but a lot of States, when necessary, after they’re they don’t. They’re a tremendous drain them come illegally to work. And it is trained and trained by ICE to, when on our economy. they arrest someone, if that person’s il- the law, and has been for years, that if What is the truth? Well, a study was a business knowingly hires a person il- legally in the country, they can pass done by the Heritage Foundation, and that information on to ICE as well. legally in the country, then that busi- they discovered that a head of house- ness can be prosecuted. Now, we don’t Madam Speaker, I’ve talked a lot hold that’s illegally in the country and read about, in the papers, too much about those people who come here le- has a household contributes in taxes about businesses being prosecuted for gally. I mentioned a little bit about approximately, or to the system, about hiring illegals. Of the thousands and people who’ve come here illegally, and $10,000 a year. But they also found that thousands and thousands of businesses I think we need to separate the two that head of household with illegals in the United States, you know there and make sure that we understand that takes from the system, the govern- are several that are hiring illegals, and there is a difference between those who ment, the Federal Government, State they know it. But not very often does come the right way and those who government, local government, about one of them make the newspaper. We come the wrong way. $30,000 a year in benefits, whether it’s read about everything else, but we I’ve been to those immigration cere- don’t hear about that. Why not? Be- health care, education, welfare, it monies where people wanted to not just cause maybe they aren’t being pros- takes about 30,000. So yes, they do con- come here to work but wanted to come ecuted. So, if the business owner know- tribute some to the tax base, but they here to be Americans, stood there, Fed- ingly hires an illegal, then that busi- take far more than they contribute to eral judge, gave them the oath to be a ness owner needs to be prosecuted. And our economy. And so we need to under- citizen of the United States, how their when illegals that are working here stand that truism. families were there, how they’re teary Madam Speaker, we also have the don’t have the opportunity to work, eyed and proud of the fact that they problem of cities in the United States they’ll go back where they came from. are now Americans. Wonderful, won- They will, because many of them are that flaunt the fact that they are sanc- derful events for those people who working here on the cash economy, tuary cities. What a sanctuary city is come here the right way, especially which means that they are being paid is a city, whether negligently or on those who want to be citizens. plantation wages, in some cases, not purpose, allows illegals to live in the And we’ve got troops in Iraq and Af- all cases. They’re being paid in cash. city and makes sure that they’re never ghanistan who legally came to the The employer’s dealing in cash be- prosecuted. Cities that are sanctuary United States but they’re not Amer- cause, you see, then nobody pays taxes. cities, that harbor illegals, regardless ican citizens. And they’ve gone to Iraq Nobody pays the Social Security. No- of who those illegals are, whether and Afghanistan and are fighting those body pays to health care, including the they’re overstays or anybody else, are wars over there in the hope that that business owner. And they’re able, that in violation of Federal law. Those sanc- will help them become citizens later, way, to drive the economy down. tuary cities, in my opinion, should lose and it will help them become citizens if You know, we hear this about, Oh, Federal aid because the Federal Gov- they fight for the United States, and they help the economy. That is a farce, ernment, the taxpayers of the United they’re not even citizens. Wonderful, and I’ll talk about that in a minute. States should not be funding and send- wonderful people, those citizens who I’ll give you an example of how that ing money to cities that allow illegals have become naturalized. works, Madam Speaker. I represent to stay there without the fear of being But we have a problem with those southeast Texas. I border Louisiana prosecuted or deported or sent back folks who are not coming here the and northern Houston, and I have a home. And it’s important that the rule right way. And everyone that comes business owner in one of my towns that of law be enforced. But we won’t go here illegally has always got a reason legally hires legal immigrants to work after sanctuary cities as a body. We why they won’t do it the right way. in his carpet business. And he verifies, haven’t done that yet. We need to have But I’d like to move on, Madam he goes through all the procedure to the will to be able to do that. If cities Speaker, and mention a problem that make sure that the dozen or so folks want to have those sanctuary policies we have currently with the Border Pa- working in his carpet business are le- in their homes or in their States, then trol. The Border Patrol, Madam Speak- gally in the country as guest workers. they shouldn’t receive taxpayer money. er, are those wonderful men and women Good for him. Also, we should be able to use local that patrol the border, northern bor- But there’s a guy down the street law enforcement agents, not to do the der, the southern border, great people. that’s also in the carpet business, car- job of ICE, but to help ICE. And there’s And I have met so many of them, and

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H444 CONGRESSIONAL RECORD — HOUSE January 23, 2008 they do the best that we will let them Well, it turns out that was kept from nandez just now got out of Federal pen- do in enforcing the border. But because the jury by the prosecutors. That case itentiary, and he’s back home in Rock Homeland Security, in my opinion, has is on appeal. The fifth circuit heard it Springs, Texas. drawn up the rules of engagement, they last year, and hopefully they’ll reverse It’s cases like that which tell the tie the hands of the Border Patrol on the case and order a new trial and let border agents, be careful, don’t get in a what they can do to enforce the rule of the next jury hear the whole truth. But confrontation because if you do your law. you see, it’s incidents like that which government’s not going to back you. Now, we’ve got to remember, that tells the Border Patrol agents don’t get Now, I give you those three exam- the bad guys that are coming into the in a confrontation down there on the ples, Madam Speaker, because of the United States, especially drug dealers, Texas-Mexico border, because if you most recent example, the tragic exam- coyotes, they know what the Border do, our government won’t back you; ple of Luis Aguilar. Luis Aguilar was a Patrol policies are and they flaunt they’re going to back the bad guy, the border patrol agent from El Paso, them to their benefit. And so what hap- drug dealer. Texas, on duty in Tucson, Arizona, last pens is, in many cases, our Federal Another example, David Sipe, an- week. Two vehicles speed across the Government, when the Border Patrol is other Border Patrol agent. Several United States border with Mexico, pre- down there fighting for the dignity of years ago, I think it was the year 2000, sumably drug dealers, come into the the United States trying to prevent, almost the same situation. He gets in a United States, border patrol sees them, let’s say, drug dealers from coming fight with a coyote, human smuggler, tries to apprehend them by blocking into the country, they get in a con- bringing people into the United States their path, they turn around, they frontation with a drug dealer, our gov- in the Rio Grande riverbed. And he has start heading back to Mexico. ernment doesn’t back them. Luis Aguilar, after getting permis- The best example, of course, is a fight with this coyote and he wins the fight. You know, we’d think we’d sion with his supervisors, throws out Ramos and Compean, two border what are called spikes, tire spikes, in want our border agents to win the agents who now have spent a year in front of one of the vehicles. The vehicle fight, but yet he’s prosecuted for vio- Federal custody. They got 11- and 12- runs over this, tires blow out, and lating the civil rights of the human year sentences because they had a con- you’re able to capture the bad guys. So smuggler, and he’s tried and he’s con- frontation with a drug dealer down on he throws the spikes out in front of a victed. And what we learn in that case the Texas-Mexico border at the town of Humvee, apparently stolen in the was the prosecution hid evidence in Fabens, Texas, and had a confrontation United States. You see, drug dealers this case as well. The U.S. Attorney’s with him. They shot him. They didn’t are using real fancy vehicles stolen in Office hid evidence in that case as well know they’d shot him. He disappears the United States in many cases, and about the fact of all the advantages into Mexico. They believe that he had so he throws the spikes out but the a weapon. The United States Federal and deals they gave to the coyote if he Humvee doesn’t stop. He heads for Bor- Government finds the drug dealer testified. See, the jury didn’t know der Patrol Agent Aguilar and, at a bringing in $750,000 worth of drugs into about all the things that he was given, speed of 55 miles an hour, hits Border our country, finds him, says to him, about the $80,000 he was given. Agent Aguilar and killed him and then Oh, we’re going to give you immunity. Now, he bought a ranch down in Mex- disappeared back into Mexico, that We’re not going to prosecute you for ico with that $80,000 of U.S. money. being the Humvee. He was 32, married, being a drug smuggler into the United About the cell phones, about the green had two kids. States. All you’ve got to do is come cards coming back and forth. And so But you see if he would have done back to America and testify against the Federal judge found out that the what Deputy Hernandez did and pulled the two border agents on a civil rights U.S. Attorney’s Office hid that infor- out his gun and tried to shoot out the violation because, you see, they shot at mation from the jury, ordered a new tires, you know, where would our Fed- you. They actually hit you, and so we trial. The second trial the jury heard eral Government be? We don’t know, want to prosecute them, says our Fed- all the truth. The jury found David but we do know that Border Agent eral Government. And our Federal Gov- Sipe not guilty. He’s the second one. Aguilar was killed in the line of duty ernment spent thousands and thou- b 1700 protecting the dignity of the border, sands of dollars prosecuting those two and I say that to say this, Madam More recently, Gilmer Hernandez, border agents, and they were con- Speaker. now get this one. It’s almost as bizarre victed. They were sent off to prison. Here’s a chart. It’s pretty simple. As- But what the jury in that trial didn’t as the other two. Gilmer Hernandez is saults on border agents in 2005, there know was when this star witness, the a deputy sheriff down in Rock Springs, were 384. That’s about one a day. 2006, backroom deal witness that the Fed- Texas, not a very big place, and a vehi- doubled, 750, two a day. And last year eral Government made a deal with, you cle is coming through at night, lights in 2007, 987 assaults on border agents, know, made a deal with the devil, to off, runs the stop sign. Gilmer Her- three a day. That’s what’s happening to testify against these two border nandez is on patrol by himself. You see, our border agents. agents, while he’s waiting to testify, he we don’t have the money to have two And have you read about any of this slips back into Mexico and brings an- deputies in a car. in our American press, about the as- other load of drugs into the United He stops the vehicle. As he’s ap- saults that are taking place against States, and the jury never heard about proaching the vehicle, the driver turns our border agents who are protecting that second encounter. the vehicle around, tries to run over the war zone down there on the Texas- Now, Madam Speaker, if you’re a Deputy Hernandez. Deputy Hernandez Mexico border? You don’t hear much juror in a case, and I used to be a pulls out his pistol, perfect great shot. about it, but you sure hear about it judge, and, you know, I never thought He starts shooting at the vehicle, the when some drug dealer gets shot by a using these kind of witnesses helped to tires, just like in the movies. He’s border patrol agent. That ought not to find the truth in a case. And this is a shooting at the tires, and he knocks be. perfect example. If you were a juror in out two of the tires as the vehicle goes So, Madam Speaker, that’s part of the case and the whole Federal Govern- by. the problem is that we don’t give the ment’s case is based upon the testi- But what happened was, one of those border patrol the right rules of engage- mony of a drug dealer saying that he bullets ricocheted on one of the people ment. We need to support them. We didn’t have a weapon and that these in the vehicle. There were nine illegals, need to make the rules of engaging, es- two border agents shot at him anyway, plus the driver which I assume was the pecially drug dealers and coyotes dif- wouldn’t you want to know that while coyote, and they take off running. Dep- ferent, so that they know our govern- he’s waiting around to testify he’s uty Hernandez was prosecuted for a ment supports them and act within the bringing more drugs into the United civil rights violation because the U.S. law to make sure they’re able to stop States, flaunting the immunity agree- Attorney’s office said he shouldn’t those people who illegally come into ment that our government gave him? have fired his gun at the vehicle as it the United States. Sure, you’d want to know and then went by. He protected himself in self- Madam Speaker, one of the many judge his credibility. defense, in my opinion. Deputy Her- places I’ve been is Hudspeth County.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H445 I’m sure most Americans never heard America and South America, it’s about you’re from some other place and you of that except folks down there in $10 billion. It is about $30 billion a year illegally come into the United States Hudspeth County. This is a drawing of of American economic stimulus is and you are captured, you’re taken be- it. El Paso County is to the West, and going to Mexico and to other countries fore an immigration judge, and on your then there’s Hudspeth County right in the Americas. So that is the appar- oath and word you promise to appear here. It’s a county about the size of ently economic plan of Mexico. in 6 months for your deportation hear- Delaware. It has 12 deputy sheriffs pa- I don’t understand why Mexico, with ing, and you are given a piece of paper, trolling this whole county the size of all of its natural resources, doesn’t de- a get-out-of-jail-free card, which allows Delaware, and it’s a great place for velop those rather than expecting indi- you to roam around for 6 months be- drug dealers to sneak into the United viduals to come to the United States fore you have to show back up because States and human coyotes because and send their money back home. the courts are overwhelmed. they’re only 20 miles from Interstate You know, also speaking about Mex- Did you know something, Madam 10. ico, Mexico every once in a while kind Speaker? Most of those people never There have been reports that the of takes the position that we’re being show back up for their deportation Mexican military has actually helped too hard on protecting our borders, but hearing. They just stay in the United drug dealers smuggle drugs into the yet that’s the same government that States, and we hear from Homeland Se- United States. You don’t hear much protects its southern border from other curity that that policy has ended. I’m about that in the national media. Central American countries where not so sure that it is, because when I go But I want to tell you specifically those illegals who want to come into down to the border, and I talk to the about one incident I saw when the Mexico, either to stay and work or people, the boots on the ground, they sheriff of Hudspeth County took me come into the United States. Some- say, no, we are still doing that in many down to the Rio Grande River. We’re what hypocritical to me, in my opin- places. We let them go because we driving down to the Rio Grande River ion. don’t have places to detain them. on a dirt road. The river’s to our south, We have gone so far that in this When I was down on the Texas-Mex- and we come upon this. This is a country if you are illegally in the ico border in one episode, we were driv- bridge. It’s a foot bridge. You don’t country you can get what is called a ing down, middle of the night, 2 o’clock drive back and forth across it, and it’s Mexican matricula card. What is that? in the morning. Those Texas sheriffs out in the middle of no place, and there That is a document that is produced by are hard to keep up with. They stay up are three of these that connect Mexico Mexico as identification for Mexican all the time, but anyway, we’re driving to Hudspeth County, Texas, and of nationals that are illegally in the down a road near the border and we see course, that bridge serves one purpose. United States. Now, somebody sent me two people waiving at us. The sheriff It allows people to come into America one of these. Here is one. It’s obviously stopped, found out these two people without permission. not authentic even though it looks like were from, I believe it was Costa Rica, And I was just stunned to see this it was from the consulate’s office in In- and they wanted to be arrested so they and the other bridges, and they’ve ap- dianapolis. That’s my photograph. could get their get-out-of-jail-free card parently been there for a long time. I Somebody took it off the Internet and so they could go on about their way. don’t know why we just don’t tear it just put my photograph on it and just Interesting. They know the rules and down, you know. Are we going to of- made a Mexican matricula card. what we don’t do in this country to en- fend somebody if we tear this bridge Now that’s what Mexican nationals, force our law in other countries. So it down? At least go halfway. Half of it’s especially illegals, use to do banking, makes it very difficult to do what is ours, but it’s things like this that credit cards, to set up any type of fi- necessary to enforce the rule of law. make the work of our border patrol so nancial transaction. They use these Madam Speaker, we have this prob- difficult when we have these absurd matricula cards. So we give illegals in lem. We have individuals, legal and il- bridges down in at least parts of Texas this country identification cards from legal, from foreign countries come into that border the United States and Mex- their home country. Doesn’t make a the United States and they commit ico and allow people to come across. whole lot of sense to me. felonies. I’m talking about serious Let me mention some other problems The next thing I’d like to mention is crimes, in violation of the Federal law. that we have. When Vicente Fox, and I that in many cases when people are ac- They are caught. They are captured, call him Generalissimo Fox, was Presi- tually captured by the border patrol they are tried, they are convicted, and dent of Mexico, he instigated a plan they’re not immediately sent back they’re sent to prison. that would help illegals, not legals, where they came from, whether it’s While they’re in prison, our system come to the United States. What hap- from Mexico or from China or wher- works very well. ICE files deportation pened is the Mexican government pro- ever. Because of the overwhelming proceedings. They take place. An im- duced comic book-types of pamphlets numbers, we don’t have the facilities to migration judge orders the person de- that were given to the migrants that detain individuals. So, if you are a ported as soon as they get out of the were coming into the United States. Mexican national, you’re usually sent penitentiary. But what happens is Here are a few pages from the Guide for back home. That doesn’t prevent you when they finish their sentence, their the Mexican Migrant. That’s what it from coming right back across the home country won’t take them back. says on the outside of this pamphlet. river the same way you got here. But They don’t want them. They’re crimi- And here you see what to do, shows they’re sent back, and I’m talking nals, and so because of our law, we you where to cross, what to do when about Mexican nationals that are ille- can’t indefinitely keep the person in you’re confronted by a border patrol, gally in the country. They have to custody. They’ve already served out what to say and not to say. But any- come back and forth and be caught nu- their sentence for violating American way, it’s all helping migrants come merous times before our government law for a felony like robbery. So into the United States illegally, in- finally says now we’re going to pros- they’re released within 6 months, as it cluding giving them maps on where ecute you for criminally entering the should be. The Supreme Court has said they can go and the best places to United States. Most of the time they’re that. I agree with that rule. We can’t cross. So I doubt, in my opinion, if just sent back home. detain them, but their country won’t we’re getting the right kind of coopera- If you are not a Mexican national, take them back. tion from the Mexican government. what happens is because we don’t have Now, there are nine main countries The Mexican economic policy seems places to detain people that are cap- that do that, and it may not surprise to be go to America and send your tured by border patrol, sheriff’s depart- us that the number one culprit is that money back to Mexico because that’s ment, whoever, and then they are re- country that makes, you know, toys what’s happening. You know, people leased on their word to come back to with lead in it and sends it to the that are working in the United States court for their deportation hearing. I United States, China. China doesn’t from Mexico, send about $20 billion a probably need to repeat that again be- take them back. They use all kinds of year, that’s billion with a B, back to cause I want to make sure that it is diplomatic excuses why they don’t Mexico. Other countries in Central clear. So if you’re not from Mexico but take them, but the bottom line is they

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H446 CONGRESSIONAL RECORD — HOUSE January 23, 2008 don’t take them back. Vietnam is an- tion. But it’s our policy in this country So, we benefit people illegally in the other one that doesn’t take them back. to allow you to be a citizen. We just ac- country over American citizens and India. There’s a total of eight countries cept that. But that’s not what the Con- foreign nationals who are coming here that won’t take them back. stitution says. So, maybe in the inter- the right way. It makes no sense to me. est of America we ought to revisit And with the high cost of education, b 1715 that, especially those people and those and as a parent, and most parents who Now, it would seem to me if a coun- cases that fraudulently enter the coun- have to pay for this education, it try won’t take back their lawfully de- try on the premise to have a child born doesn’t seem fair to me that we penal- ported felons, that country shouldn’t here. Once that child is born here, then ize American citizens and legal foreign get legal visas for other citizens to le- the child, because we say that child is nationals who want to go to our uni- gally come here. It seems like that an American citizen, then we don’t de- versities. So, education is one of those. ought to be the law: You won’t take port the child, but we let the mother Health care costs is another one. I’ve back your deported ones, your citizens stay and then we allow the whole ex- discussed that. I don’t have time to can’t come here legally. That’s what tended family to come over here and talk about Parkland Hospital in Dallas the law ought to be. Well, Madam stay into the country. And this is hap- where most of the babies that are born Speaker, that is the law. However, the pening at an epidemic proportion in there every year are born to mothers State Department chooses not to do the United States. It seems to me that that are illegally in the country. There that, especially with China, and I have we need a case before the Supreme is a whole network of individuals, preg- the letter that they sent me. They Court and let them decide down the nant mothers from south of the Texas choose not to do that with China be- street whether or not, just because border, and I don’t just include Mexico, cause of the ongoing trade negotiations you’re born here, does that make you a but there is a whole network, work with the Chinese Government. citizen? I would argue it doesn’t be- your way up to Dallas, wait your turn, Madam Speaker, if a person commits cause they’re not subject to the juris- go to Parkland Hospital and have your a felony in this country and they’re or- diction of the country when they fraud- baby, and your baby is now an Amer- dered deported to go back home, they ulently came in here. They’re subject ican citizen. We have to deal with that. ought to go back home. If that country to the jurisdiction of the country that And of course the health care cost is doesn’t take them, they ought to lose they came from. being paid by somebody. the right to have legal visas in this Also, we have a tremendous cost in We’ve talked a lot about health care country, and they ought to lose foreign the area of education, Madam Speaker. and expenses and how Americans can’t aid if we give foreign aid to those coun- Last year, Texas spent $4 billion edu- afford it, and that’s true. You know, tries; otherwise, we will have a con- cating people illegally in the United middle-class America, people making tinuing number of these felons running States. We talk about education costs. up to $100,000, $80,000, they can’t afford loose in America. How many are we We’ve talked about it. We’re going to health care costs. They can’t afford to talking about? My understanding is talk about it some more. We don’t hear pay for the insurance. But if you’re il- that right now it’s 165,000 people law- too much talk about the people that legally in the country, of course, all are in the system that are here ille- fully deported for committing felonies you’ve got to do is show up at the gally in the country. Nationwide, it’s and haven’t been taken back home by emergency room, the most expensive about $30 billion a year. And it’s unfor- their home country. It’s amazing what health care, and somebody else pays for tunate that we won’t deal with the re- we don’t do in this country. it. And that’s people that are paying ality of it. We educate everybody in the We also have the problem, of course, taxes, legal immigrants and U.S. citi- country. All you’ve got to do is just in the area of how much it costs. And zens. So, health care costs are being show up and you’re educated at some- I’m going to try to go through these as driven up by people who are here ille- body else’s expense. fast as I can, Madam Speaker. Before I gally. Now, I don’t think other countries do The criminal justice system. I men- get to the costs, I want to talk about that. Let’s say, Madam Speaker, that I tioned I was a judge down to Houston this issue of birthright citizenship. went to France, and I snuck into forever, 22 years. And on any given day Most Americans, if you ask them the France and I take my four kids with they tell me over in the sheriff’s de- question, if you’re born in the United me. And I get into France and I tell the partment that about 20 percent of the States, are you a citizen, 100 percent of Education Minister of France, Educate people in jail waiting to be tried, wait- them are going to say, sure, you’re a me. Educate my kids. Educate them in ing for their felony trials, that’s what citizen if you’re born here. But is that English because none of us speak I tried was felonies, are people from the law? And I’ll read where this comes French. What do you think would hap- other countries, most of them illegally from. And when in doubt, we probably pen to me? Well, my kids and myself in the United States. ought to just look at the Constitution. and my family, we would be sent back The prison system, State, Federal, And I know most Members of the to Texas, and rightfully so. And most local, is all being driven up in cost by House on both sides carry a pocket countries in the world do that, but not criminals that are over here. Not ev- Constitution like this, as I do, in their the United States. erybody is a criminal of course, but pockets. I want to read to you the 14th Let’s deal with the issue of the cost some of them do come over here and amendment, just portions of it. of people in the system that are ille- commit crime. And it’s important that Section 1, 14th amendment of the gally in the country and figure out the we have to deal with that issue and the United States: ‘‘All persons born or most humane, ethical and financially cost as well. naturalized in the United States and beneficial way to deal with it. But one Madam Speaker, the GAO did a study subject to the jurisdiction thereof are way not to deal with it is what we’re on our borders, and here is what they citizens of the United States and of the doing now is allowing people that are did. They got some of their people to State wherein they reside.’’ That illegally in the country to go to our drive back and forth across the Amer- phrase that we don’t ever talk about is universities and pay in-state tuition. ican border with Canada and Mexico, ‘‘all persons that are subject to the ju- That makes no sense. And Texas, un- and they wanted to see if they could risdiction thereof.’’ In other words, fortunately, is one of these States. You get into the United States illegally. you’ve got to be subject to the jurisdic- see, if you are illegally in the country, And they did. They used fake docu- tion of the United States if you’re born you can go to the University of Texas ments that they had manufactured, here. And people who sneak into the and pay in-state tuition. But if you’re just like other people do. And what country with the whole premise of hav- from Oklahoma, God bless you, or they were bringing in was radioactive ing a child are not subject to the juris- you’re from Germany and you want to material that went undetected when diction of the United States. That go to the University of Texas, you pay they kept crossing back and forth the would be my argument as a former out-of-state tuition because you ain’t border between the United States and prosecutor and as a judge, looking at it from around here. But if you’re ille- Canada and the border with Mexico. from a constitutional point of view. gally in the country, we allow you to And I give you that example because, Just because you’re born here doesn’t go to the University of Texas and pay in the big scheme of things, open bor- make you a citizen under the Constitu- in-state tuition. ders is an invitation for terrorists who

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — HOUSE H447 want to do us harm. The next terrorist ness, because if the business owner it, and, quite frankly, I was shocked. I attack that happens in this country is doesn’t hire illegals, that person was shocked, Madam Speaker, because, not going to be because somebody doesn’t have a place to work and as I saw the President’s basis for the lands over here at Reagan National they’ll go home. Oklahoma has already veto, I was taken back to a time sev- Airport, gets off the plane and says, I proven that with their State law. eral years ago when I was watching a 60 wonder what damage I can do to Amer- We need to put America first. And Minutes story about tortured U.S. pris- ica. It’s not going to happen that way. Madam Speaker, we cannot continue to oners of war from our first Gulf War. They’re going to probably just come be blissfully ignorant of the truth on And when I learned that the basis for across the border because it’s easier to the border. This is a great country, a the President’s veto was to keep U.S. do that. And we should be very con- country, as we hear, that is made up of POWs who had been brutally beaten cerned about that issue because, you mostly immigrants, people who came and tortured by Saddam Hussein’s see, open borders, you get the good, here the right way at some point in thugs in the first Gulf War from receiv- you get the bad, and you get the ugly. time. And we want to continue to be a ing compensation for those injuries, I And those terrorists are certainly bad Nation of immigrants. But the rule of was ashamed for my country. and ugly. law needs to be followed. It has to be To give you some idea of what we’re So, Madam Speaker, we need the followed. And we need to enforce the talking about, these were the words moral will, as a country, to enforce the security of our Nation rather than con- that Mike Wallace uttered on 60 Min- rule of law. All those different groups tinue to talk about it. utes at the beginning of the program that have a political agenda, or some It reminds me of what my grand- on November 20, 2003: During the first other agenda rather than national se- father used to say. He said, ‘‘When all Gulf War against Iraq in 1991, a number curity, have an influence over our na- is said and done, more is said than of American soldiers who were cap- tional security issue. And maybe we done.’’ And that’s true. We need to do tured and became prisoners of war were need to deal with what is best for whatever is necessary within the law. brutally, brutally tortured by the America. And we start with the basics. I, for one, believe that we ought to put Iraqis. Eventually, though, the POWs We secure the border and you make the National Guard on the border; that came home, put the pieces of their sure that people who come here come would stop it. When the military is on lives back together, and largely re- here the right way. We streamline the the border, our military is on the Ko- mained out of the public eye. But Immigration Service so people don’t rean border, you don’t cross that Ko- today, a different battle is being fought have to wait so long before they come rean border without the permission of by some of those American POWs all here, whether they want to be a citizen the United States. Protecting some- these years after they returned. It was or whether they want to work or body else’s border, again. back in 1991 that the POWs came home whether they want to be a student. Madam Speaker, it seems to me that from Iraq to a hero’s welcome and were That’s a whole other issue, the Immi- open borders invites everyone to come greeted by the then Chairman of the gration Service. But streamline that. in and invade the United States, and Joint Chiefs Collin Powell and then Make it efficient. Make sure that we it’s time that our country deal with Secretary of Defense Dick Cheney. use documents, such as a passport, to this reality while we’re dealing with b 1730 come into the United States. the war in Iraq, while we’re dealing We protect the borders of other na- with the war in Afghanistan, while we ‘‘Your country is opening its arms to tions, Madam Speaker. We protect the protect the borders of other nations. greet you,’’ said CHENEY. Many of the border of Korea. We’re over there pro- Let’s deal with the issues of the border POWs had suffered wounds both phys- tecting the border in Iraq. We protect security of our own country, the border ical and psychological. Some of them the borders of other nations better security on the southern border and suffer to this day more than a decade than we protect our own border. Third the border security on our northern after they were captured and appeared World countries protect their borders border. We will be a better country for on Iraqi TV. greater than the greatest power that it and a safer country for it. And, Madam Speaker, to put a has ever existed protects its borders. And Madam Speaker, that’s just the human face on these tortured Amer- Why? It’s because we don’t have the way it is. ican POWs, I am going to put up a pho- will to do it. We do a lot of talking f tograph of Commander Jeffrey Zaun, about it, but we don’t do much about who was a tortured Gulf War POW, who it. PRESIDENT’S DEFENSE BILL VETO had a very visible presence on TV be- As I mentioned, I’ve been down to the The SPEAKER pro tempore. Under cause of the attempt by Saddam Hus- Texas-Mexico border 13 times. Every the Speaker’s announced policy of Jan- sein’s government to use him as an ex- time I go down there, it gets worse. A uary 18, 2007, the gentleman from Iowa ample and try to convince the Amer- sheriff in one of the counties told me, (Mr. BRALEY) is recognized for 60 min- ican people to give up the cause that I said, What’s it like down here? He utes. was the purpose for defending the inva- said, After dark it gets western. I said, Mr. BRALEY of Iowa. Madam Speak- sion of Kuwait from the aggression of What do you mean by that? He said, It er, I was sitting at home over the holi- the Iraqi army. Commander Jeffrey gets western. It’s violent. And while we day recess spending time with my fam- Zaun was one of those POWs who was were down there, we heard gunshots ily when I became aware of the fact brutally tortured by the Iraqis and was coming from the other side of the bor- that the President had vetoed the De- part of a group of POWs who took ac- der. It’s a serious situation, and Ameri- fense Authorization bill that we passed tion to try to hold the Iraqi Govern- cans need to realize it. And I invite in this body shortly before we ad- ment accountable and to serve as a de- every Member of Congress to go down journed. And like most of my col- terrent to other nations like Iraq who to the border and see what it’s like. Be- leagues, I was surprised by that veto would dare to use American hostages cause if we’re going to make rules and I wanted to learn more about the and American POWs as a way of exact- about immigration reform and border basis, the reasoning behind the deci- ing their political agenda through tor- security and national security, we need sion of the President to withhold pay ture and abuse in violation of inter- to see what the war zone is like to increases to our men and women in national law, in violation of inter- make those decisions. And I invite uniform who are serving us in very national treaties. them all to go down there. Go with me, heavily conflicted areas around the So how did we get to this point? Dur- because I’m going back. world, and why the President would ing the Gulf War against Iraq, these So, we need to prosecute businesses veto a bill that would increase funding captured POWs that we’ve been talking that knowingly hire illegals. They for Veterans’ Administration health about were subsequently tortured, shouldn’t get a pass because they own care benefits to our Nation’s aging vet- beaten, starved, hooked up to electric the business. We go after the worker erans and our most recent veterans shock devices, and subjected to other that’s over here and try to deport who are in serious need of those med- horrendous acts by Saddam Hussein’s them. That’s the wrong method. The ical services. And so I got a copy of the regime. At the time these acts oc- method ought to be, go after the busi- President’s veto statement and I read curred, the United States Department

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And I gress that I stand in today had passed son that I am so outraged by the Presi- think Mr. BRALEY from Iowa has high- two resolutions by unanimous consent, dent’s veto, Madam Speaker, is because lighted exactly what it is and exactly stating the intention of the Congress Article 131 prohibits the very conduct what we are up against. to hold Iraq accountable for the tor- that the President engaged in in This President chose to hold our war- ture of American POWs. Yet when vetoing this legislation because the Ge- riors hostage their pay raise. And the these same brave American POWs re- neva Convention Article 131 provides President may not think 31⁄2 percent is turned home after the Gulf War ended, no country shall be allowed to absolve much. I’m sure it’s nothing to him. what did our current Vice President itself or any other country of any li- What I can tell you is that it’s a lot to and then Secretary of Defense DICK ability related to prohibited treatment a family back home. It’s a lot when the CHENEY tell them? ‘‘Your country is of prisoners of war. And there is no mother and father are deployed down opening its arms to greet you.’’ doubt, there is no question, that the range or in a war zone. It’s a lot to Well, where I come from in Iowa, abuse of American POWs by Saddam have that 31⁄2 percent given. But the opening your arms to take care of tor- Hussein’s regime constituted the type President didn’t concern himself with tured and wounded people means doing of torture prohibited by the Third Ge- that, all the good things that Mr. a lot more than ignoring their needs. neva Convention. BRALEY talked about that was in the And yet that is exactly what happened I am proud to welcome to this hour Department of Defense Authorization to these unfortunate POWs. They have the president of our freshmen class, the Act, a very important one was the abil- suffered long-term physical, emotional, majority makers, my good friend from ity of our POWs, those that fought so and mental damages as a result of bru- the southern part of Minnesota who bravely to make claims and make tal state-sponsored torture. And in 1996 has been a terrific leader in our class, amends according to law, according to Congress, responding to their concerns, who has been a passionate spokesman international law, to amend what had raised by these international law viola- on fighting for veterans, fighting for been done to them. tions, passed an amendment to the our men and women in uniform, and he Now, the President tells us we’ll get Foreign Sovereign Immunities Act so brings a very personal perspective to frivolous lawsuits out of this. We will that torture victims like the American that based on his longstanding service hamper Iraq’s fledgling government’s POWs we are talking about could seek in the National Guard of this country. ability to rebuild itself. compensation for their injuries from And without further ado, I am going to Now, there are several big fallacies in terrorist countries including Iraq. yield to my friend and colleague, Mr. that statement. The first is the as- On April 4 of 2002, 17 POWs and their WALZ from Minnesota. sumption that the fledgling govern- families filed claims in the United Mr. WALZ of Minnesota. I thank the ment is doing anything to get itself States District Court for the District gentleman from Iowa for yielding. back and rebuilding. And I offer the of Columbia, seeking compensation for And, Madam Speaker, I think it’s fact that Iraq said last year they would damages related to their torture and critical to point out that the gen- put in $10 billion of their own money to abuse by the government of Iraq. These tleman from Iowa has been a pas- put into reconstruction. An audit at POWs included many decorated officers sionate voice for civil liberties, has the end of last year indicated they in this Nation’s military, people like been a passionate voice of making sure spent 4.4 percent of that. Spent it. It Colonel Clifford Acree, Lieutenant this country adheres to that great tra- doesn’t necessarily mean that it went Colonel Craig Berryman, Sergeant dition that so embodies each and every to reconstruction, which basically says Troy Dunlap, Colonel David Eberly, one of us. And I think it’s important to 95.6 percent never made it out of the Lieutenant Colonel Jeffrey D. Fox, understand that Mr. BRALEY from Iowa bureaucracy, never made it to the Iraqi Chief Warrant Officer Guy Hunter, Ser- comes from a family that has served people, never did any of that. geant David Lockett, Lieutenant Colo- this Nation proudly. He’s got a grand- Mr. BRALEY of Minnesota. Reclaim- nel Michael Robert, Lieutenant Colo- father that fought on the sands of Iwo ing my time, I want to share a personal nel Russell Sanborn, Major Joseph Jima. And in bringing this fight and experience I had serving on the Govern- Small, Staff Sergeant Daniel Stamaris, understanding what needs to be done to ment Oversight and Reform Committee Lieutenant Colonel Richard Dale Storr, protect our soldiers in this conflict and when we investigated the very problem Major Robert Sweet, Lieutenant Colo- future conflicts, he’s brought a very, that you’re identifying. And we saw nel Jeffrey Tice, Lieutenant Colonel very important point out about the the photograph showing fork trucks Robert Wetzel, and, of course, Com- President’s disregard in vetoing the carrying $2.1 billion of cash bundled up mander Jeffrey Zaun. Department of Defense authorization on pallets as part of the largest 1-day I am on the floor tonight with some bill. And I would have to say his voice transfer of cash in U.S. history that led of my colleagues in the freshmen class has been somewhat lone in the wilder- to the missing funds you’re talking so that these names do not fade into ness on this. I don’t hear the outrage about. Over $2.1 billion of cash sent in history and the abuse that they were that should be there. So I thank the 1 day, and yet the Iraqi people who are subjected to does not get lost in the gentleman for giving me the oppor- in need of the assistance are unable to politics of a Presidential veto. tunity to stand with him tonight to identify where that money went to. In 2003, after the Government of Iraq bring this important issue forward. There’s a similar problem with our in- repeatedly refused to participate in ar- I spent the last 9 days prior to this ability to identify large amounts of bitration on these damage claims and week traveling throughout Iraq and Af- weapons that are unaccounted for in after hearing evidence about how these ghanistan, talking to our soldiers, Iraq. And I think it gets back to the POWs had been repeatedly tortured, a talking to our airmen, talking to our much deeper question of whether the judge awarded them damages and indi- Marines, talking to our sailors, and American taxpayers are getting their cated that the purpose of deterring tor- getting a feel for how things were money’s worth for the contributions ture of POWs should be one of the high- going as far as how their medical care that this country has made investing est priorities of our government. was going and those types of things. in the rebuilding of Iraq. And I just And, Madam Speaker, the reason why And without fail every single one of wanted to offer that and offer it up as what we’re talking about is so impor- these individuals with high morale and an opportunity for you to comment. tant is because the United States, like a pride in what they are doing for their Mr. WALZ of Minnesota. Absolutely. many countries, is a signatory to inter- Nation did bring up the question and And the point that the gentleman from national treaties designed to protect asked me, Why is our raise being held Iowa has brought up is exactly this: the treatment of U.S. POWs and other up? Why can’t Congress get the sim- When you dig into this and you start prisoners of war and the most impor- plest thing done to move forward a peeling back the onion of what’s hap- tant treaty is the Third Geneva Con- raise? And I ask this and in talking to pening here, you start to see a pattern. vention that was entered into on Au- them and talking to other Americans, And the issue here is this administra- gust 12 of 1949. Madam Speaker, the question comes, tion, as much as they want to talk

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I will note that payment to Iraqi leg- harmed due to no fault of their own And I think many of us ask the ques- islators has come on time every single and to substitute the judgment of this tion, what message does this send to month. The lifestyle of Iraqi legisla- body and State legislatures for what the people who are fighting around the tors as they took off a month in the juries have been doing in this country world? What message does this send to heat of August during some of the most since before it was formed. And what I them? You can torture the Americans fierce fighting that our soldiers were like to remind my colleagues is there and if you cut a good enough deal, fighting and dying for as they left to is something that we all take an oath there will be no recourse. There will be their villas is something that I think to defend when we serve in this body. It no recourse against the people who car- Americans should take great notice of. is called the United States Constitu- ried it out. There will be no recourse to So, once again, I think that this was a tion. And part of that Constitution is allow for those people to receive com- huge mistake. I think the President something we hold and cherish, which pensation. I think it sets an incredibly put a very narrow special interest is the Bill of Rights. And it includes poor precedent. It disrespects the serv- ahead of the needs of our fighting sol- the freedom of speech that we all cher- ice of these brave warriors, and it sets diers and has set a precedent that I’m ish every day on this floor. It includes us up for failure in the future of these afraid we’re going to have to deal with the freedom of religion, the freedom to things starting to happen. So when we in a much bigger manner down the associate, the freedom of the press. It includes the right to bear arms. But it see this and when the American people road. ask us, why didn’t anything get done? also includes the seventh amendment I’ll have to tell you today’s a pretty b 1745 to the Constitution that guarantees sad day. The President did sign the Mr. BRALEY of Iowa. I think you that juries get to determine facts like DOD authorization when this provision have hit a very important point in what the issues are we are talking was taken out. And I think many of us talking about what this law was origi- about here today, what is fair com- who voted on this in the first place put nally designed to accomplish. This law pensation for someone who has been together a good compromise bill. We was not designed to open the floodgates subjected to torture. find out that when any legislation goes for any potential claim arising from Madam Speaker, one of the things up the street to Pennsylvania Avenue, persons engaged in armed conflict that I think is most disturbing about the people’s will in this House matters around the world against the countries the issues we are talking about on the nothing, the people’s will to make sure where that conflict occurred. In fact, floor tonight is that the President and that this was righted. The 17 families this law that allowed these claims to his spokesperson don’t like to talk that have asked for recourse on the be pursued in the first place set a very about what happened to these POWs. It is unpleasant, and it brings to mind in damages that were done in the name of high bar before you could even begin to the hearts of all Americans, how could this Nation were wiped away with a pursue them. we let this happen to people serving single signature by the President, and Number one, there had to be a dec- this country who have put up with so this House is left at the horrible choice laration by the State Department that much and been through so much and of do we continue to hold up the re- the nation involved in torture was a then get them to the point where they search funding for warriors’ injuries? state sponsor of terrorism, which, as can hold their offenders accountable, Do we continue to hold up the funding you know, that is an incredibly harsh and who comes in and pulls the rug out for weapons systems to protect them? accusation to make in the world com- from under them? Not the Iraqi Gov- Do we continue to hold up the pay munity. So in order for the State De- ernment, but the President of the raise to these soldiers and to their fam- partment to reach that conclusion, they would have to be presented with United States who directed his Attor- ilies who are fighting, or do we make ney General to intervene in these overwhelming evidence that a country the compromise to move that forward claims and see that the assets were not was engaged in the state sponsor of ter- and fight another day? available to satisfy them. And I quite honestly have to com- rorism. And when the Saddam Hussein Let’s just take a moment, Madam mend my colleague from Iowa. He will regime in Iraq invaded Kuwait, that is Speaker, to talk about one of those vic- fight every day for what’s right. This is when the State Department acted to tims that I mentioned earlier, Colonel a question of justice. This goes at the declare, based upon what was hap- Cliff Acree. Here is what he said in that heart and soul of our rule of law and pening and what was outraging people 60 Minutes interview that I referred to our justice system and a citizen’s right all over the world, that indeed that earlier: They had broken my nose to recourse, to petition, to be able to government was a state sponsor of ter- many times and I was just getting go to a court of law to hear their dis- ror at that time. So that was the first used, you just kind of get used to it. cussion in a public court of law, to threshold that these hostages and Colonel Acree was shot down the sec- have their peers make a decision. But POWs had to meet. ond day of the war. The interrogations as we know, this administration, given The second was that they were tor- always began the same way, and these the opportunity, would shut those tured under the definitions of inter- are his words: They would have these same doors to justice to many of us national law, which is much more egre- six or eight people just beat you for 10, here. gious than simply being involved in a 15, 20 minutes. Just no questions asked. We hear about clever arguments on firefight and being wounded or having Bring you into the room and beat you tort reform, and I know my colleague something that is expected to happen with fists, feet, clubs, whatever. from Iowa is very familiar with this, in the normal course of conflict, which One of the other victims, Dale Storr, but it’s pretty much the same thing; is always an impossible arena to con- that I mentioned, who was serving in that if you are injured in a reckless trol. But we are talking about a delib- the National Guard at this time said: manner, if you’re injured or something erate decision to torture individual Hearing Cliff talk about it, we never is done to you, your ability to go and citizens in violation of all accepted really talk like this before in such de- tell your story in front of a jury of principles of international law. tail. But it brings back memories. It is your peers and to trust in your peers to And then after you pass those two almost like I am back in my cell again. make the right decision, they want to hurdles, these victims of torture also Another victim, Jeff Tice, who was limit that, and they say it’s all in the had to prove that the acts that they captured after his F–16 was hit by a

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It might be better clusion, and I ask my colleague if he and hook it up to an electrical device. because you know you will be treated can find another way of seeing this, Then they would start to question him. humanely. And there was always great what was the benefit of the administra- And this is what Jeff Tice said: They comfort, because it is not the fear of tion’s decision to side with the Hussein would turn on the juice. And what it injury, it is not the fear of battle which regime over U.S. POWs who were tor- does is it creates a ball of lightning in is there amongst all these soldiers, it is tured? I am still trying to find where your mind or in your head, drives all the fear of capture and torture and say- there is justification. It doesn’t go the muscles simultaneously together, ing something that may hurt your fel- back to ‘‘we can’t hamper the Iraqi and it drives your jaw and everything low soldiers that has everyone terri- from rebuilding,’’ because they are not together, and of course I am chained to fied. doing that as it is. It can’t go back to a chair. I can’t move freely. So every- So the idea is that the Geneva Con- any precedence. It is in violation of the thing is jerking into a little ball, and vention was held in the highest esteem. Geneva Convention, and it flies in the your teeth are being forced together The principles that it was set by were face, as my colleague said, of our basic with such force, I am breaking pieces there to make sure that even at the principles of our Constitution. So I am and parts off. base emotions of war amongst human trying to figure how we would be able Jeff Tice’s jaw was dislocated so beings that there was a respect for to sell this to the American public. many times that he was lucky, as he basic human life. There was a respect Mr. BRALEY of Iowa. Well, Madam said, that they were able to put it back when someone was unarmed and unable Speaker, I think my friend from Min- into place. to fight, that when someone was cap- nesota has hit this one on the head, be- And now, I am going to yield to my tured, they would be treated as hu- cause one of the things you were talk- colleague from Minnesota. After hear- manely as possible. And with that ing about is the administration’s inter- ing some of these descriptions and hav- being pulled back, I have to tell you, it pretation of what our treaty obliga- ing had the experience of having young terrifies me. tions are under the Geneva Convention. students of yours that you taught in And these forgotten warriors are for- And maybe it all boils down to this Minnesota join the Minnesota National gotten because they happen to be an very simple question: When is torture Guard, which along with the 133rd of inconvenience now. They happen to be torture? Because you brought up the the Iowa National Guard has served the an inconvenience to a political ide- fact that our own Government, our own longest single deployment of any com- ology. They happen to be an inconven- Justice Department, seems to have a bat unit in the war in Iraq, what type ience because this administration difficult time interpreting acts such as of message does that send to those doesn’t want to follow the Geneva Con- waterboarding, that I think every young men and women who you helped vention. This administration, I believe, American who has seen the video illus- to train, you helped to educate, and and members of this administration trating what that is would conclude who are going off to serve their coun- have called it a quaint, outdated no- that it constitutes torture in violation try, knowing that if they get captured tion that is no longer there. I would of the third Geneva Convention. And and held as a POW their Government is argue that soldiers don’t see it that yet it is hard for us as a people and as not going to be there for them? way. Soldiers see it as a necessity. a government to try to say, we need to Mr. WALZ of Minnesota. Well, any- And for many of us, as my colleague stand up to other countries who are one who listens tonight, Madam Speak- has pointed out, it is hard to fathom torturing our POWs if we can’t get it er, to the gentleman’s accounts is hor- that an administration that has talked ourselves in terms of our obligations rified. And I think to put it into con- so much about our soldiers would so under the Geneva Convention. I think text, make no mistake about it, what callously brush aside 17, in this soci- it gets to a much more fundamental happened today in the signing of the ety, 17 warriors held in the highest es- question, which is, are we going to be Department of Defense authorization teem as a prisoner of war for their Na- the type of country that stands by our bill with these provisions taken out to tion and to cast them aside and cut word when we enter in these inter- allow recourse on this is, it is pretty their rights off to any type of recourse. national treaties? These treaties are difficult for me to see any way that a And I can’t help but see a pattern here designed not just to protect American decision was made to side with the of where the administration’s loyalties prisoners of war but to make sure that monsters who carried out this torture lie. As Americans are struggling, and the countries that we may be in con- and not with those brave Americans we hear about it every day, the eco- flict with have the same respect for who went at this country’s call, did our nomic crisis, they are struggling to human rights, human dignity and bidding, and then came home to the so- make ends meet, and they see $102 a human decency for captured prisoners called open arms. And as the gen- barrel oil. But I don’t know where that that we would expect our men and tleman said, having spent 24 years in is able to be rectified in their mind women in uniform to be subjected to. the National Guard, having trained when they see the President walking To give you some idea of how this countless soldiers, many, as you said, hand in hand with the Saudi Prince plays out in the real world, I would re- served in my unit. I taught them in and knowing that every bit of that $102 mind my friend from Minnesota of school. I coached them on the football is going into the pockets of the Saudi what happened to Lieutenant Colonel field. One of the things that was very Princes, going into nations and going Berryman, one of the people I identi- clear in part of our training, because, into, in this case, a regime that com- fied as the POWs that brought this of course, it held to those core values mitted the grievous atrocities against claim. of being an American, was the respect our soldiers and was totally absolved for the Geneva Convention. down on Pennsylvania Avenue against b 1800 The Geneva Convention did several the wishes of the 100 elected Senators, This really gets to the heart of many very important things. As I said, it against the wishes of the 435 elected of those constitutional protections I upheld those principles of, even in a Members of this body. And yet tonight, talked about earlier. conflict situation, that the humanity several of us stand here. And I think Lieutenant Colonel Berryman was in- and the humane treatment of other in- the outrage and the passion that my spected after he was captured to deter- dividuals was absolutely paramount to colleague from Iowa has shown should mine whether he was circumcised and keeping with the ideals of this Nation. be reassuring to the American public was questioned about his religion. There was also something else very, that there is a voice there. There is a When he answered he was a Baptist, his very important with the Geneva Con- voice in the wilderness. There is a captors called him a lying Jew. A vention that many of us as soldiers al- voice that says this is wrong. This is a guard then hit his left leg below the

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And when they won, things I would like to ask both of my attack his right leg, and the two then the President of the United States friends to comment on is how the Bush guards continued beating him as he stepped in, not to make sure that they administration has known about this rolled on the floor to protect his leg. received what they had won, but to problem dating clear back to 2003 when As he continued to resist answering make sure they didn’t receive it; and the CBS 60 Minutes story aired, and questions, which is exactly what my that’s the part I can’t understand. what has happened since that time and friend mentioned, Lieutenant Colonel The President said that Iraq needed what the attitude of the administra- Berryman was told that if he did not this money, the Iraqis needed it to re- tion is in trying to justify it, this veto. answer their questions, they would build. We give $10 to $12 billion a One of the things that we know is break his other legs. Two guards month to the Iraqi government. I think that a number of Members of Congress pinned him to the wall and one kicked that the President should take a look and a number of influential Members of him in the left leg causing him to col- at how the money is being spent in Iraq Congress in both parties were outraged lapse to the ground in pain. The others and see and hear the stories that I have because of the fact that some of these began kicking and beating him. And heard as a member of the Armed Serv- POWs were constituents of theirs, and one guard used a steel-towed boot to ices Committee and recognize that our when the White House moved to inter- kick a piece of flesh out of Lieutenant money’s being wasted over there. And vene and make sure that these judge- Colonel Berryman’s leg exposing the yet he’s protecting their assets and ments could not be collected, took very bone. protecting them when our troops were strong action and took and used very Then a lit cigarette was pressed sev- the ones who went there. strong language to try to convince the eral times against his forehead and Our troops were the ones who fought administration not to do this. then pressed against his nose and each for our freedom in that first gulf war, One of those individuals is someone ear and then was crushed out in an and we had troops who suffered at the we all know who is the current major- open wound on his neck. end of this government. ity leader of the Senate, Senator I can’t understand it. And the Presi- What American listening to that tes- HARRY REID from Nevada. And when timony would not be overwhelmed with dent was so determined to do this that this story aired in November of 2003, he held up the authorization bill. Now rage and with a sense of passion and Majority Leader REID said, I hope compassion for the person that was what is so important about that is George Bush, the President of the subjected to that? there are a lot of programs in there. United States, doesn’t know about this That’s why, in my humble opinion, But one thing in particular just infuri- because if he knows about it, if he Madam Speaker, when we set policy on ated me. knows about it, it is a pox on his house, this floor about how we are going to There was a pay raise for our troops, his White House. This is wrong. stand up for the people who serve this for our troops who were in Iraq right Well, that was in 2003. And now we country who may become prisoners of now, who were in Afghanistan and who are 5 years later. There can be no doubt war or who may become hostages, it’s are all around the world and America that this President knew what he was important that we keep in mind that protecting us. And the story about the doing when he issued this veto, and yet the rule of law will only be respected if pay raise is relevant, also. when his press secretary has been ques- we in this country stand up for it and The President says he supports the tioned as to why the administration say that the rule of law is what we are troops, but he only wanted a 3 percent felt the need to take away the rights of all about in the way we are going to pay raise. And so when Congress voted victims of torture to full and fair com- take care of our citizens. for a 31⁄2 percent pay raise, the Presi- And with that, I would like to yield dent thought that was too much. He pensation, they say the same thing to my colleague from the great State said a 3 percent was sufficient. Obvi- over and over again which is, no of New Hampshire (Ms. SHEA-PORTER) ously, the President has never had to amount of money could compensate and ask what your reaction is to some live on military pay, but I have and so these victims for their terrible inju- 1 ries. of the things we’ve been talking about many do today. And I know that 3 ⁄2 tonight. What do you think the good percent might not seem like a lot. It Well, when the judge who heard this people of New Hampshire would think certainly isn’t. But they need it, and case issued his decision awarding dam- if they knew their President and their they deserved it, and they earned it. ages, he noted that, and yet that’s not government had done what we have So now we have a problem that to- what this case is about. This case is done to deny the opportunity to com- day’s troops are suffering at the hands about putting some measure of value pensate these victims of torture? of the President’s stubbornness here, on what these torture victims went Ms. SHEA-PORTER. Thank you for and then we have the POWs who are through, what their families went asking that. suffering because they’re not allowed through who were watching these shots I come from a family who has served. to collect what they justly earned for on TV of their loved ones, who were I had my father serving in World War their suffering. hearing these tales of torture and fear- II. My uncle was a career Air Force of- And I can’t understand it, but I do ing for the lives and safety of their ficer in several wars. I had a grand- know that the people of New Hamp- loved ones. Why would our govern- father in war and my brothers who shire are furious also that those vet- ment, why would our President say fought, and I also had my husband who erans who went there in complete trust that the value of the Iraqi people was was in the military, and I was proud to and faith in this country and in the greater than the value of these tor- be a military spouse, and now a mem- President have to be devastated now to tured Americans? That’s what the fun- ber of the armed services; and always I know that if they were injured, if they damental question is we are here to believed that the Commander in Chief were tortured abroad, that they could talk about tonight. was going to be there to protect our not be certain that the Geneva Conven- And I would yield to my friend from troops. Always I thought it would be tions would be upheld. They could not Minnesota. the Commander in Chief who would be be certain that the Commander in Mr. WALZ of Minnesota. It’s inter- a tough advocate for us all and he Chief would be there for them. They esting on the day that reports are com- would be watching out and speak to could not be certain that all of the ing out about the 900-plus other nations in as tough a manner as guarantees that were made when they misstatements leading into the war necessary to protect our troops. That’s signed and stepped forward to service that were made by this administration what I believed. That’s why I’m here on would be honored, and I think that’s that the idea that this had been known the floor tonight. the real shame here today and the real for 5 years, that it had been very clear. I’m here on the floor trying to under- disgrace here today that we are not And I would quote former Republican stand how the President of the United standing up for our soldiers. Senator Allen and current Republican

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H452 CONGRESSIONAL RECORD — HOUSE January 23, 2008 Senator COLLINS when he said, Protec- tire units say this is what is happening. And one of the things that has been tion of American POWs is a vital na- The rest of the world saw America as missing from our foreign policy is an tional security interest, and the goal of righteous in fighting for the right appreciation for the role that this rebuilding Iraq should not be viewed as causes. country plays as the sole remaining su- inconsistent with that goal. Now we are in a situation where we perpower to set the standard, the gold Now, what the gentleman from Iowa have absolved a stated terrorist state, standard, for how we live up to the re- has so clearly pointed out and the gen- the regime of Saddam Hussein, and sponsibilities we willingly entered into tlewoman from New Hampshire alluded those people who took and tortured as part of the a Nation and a commu- to is in this idea of this global war on American soldiers and said, You know nity of nations that come together and terror, the winning the hearts and what? It’s okay. We will just brush it enter into treaties for our mutual ben- minds of the rest of the world, one of under the carpet and hope it goes efit. the things is what those core beliefs away. b 1815 and core values of the United States And those 17 families, well, you stand for. know, we can’t repay up. We will say I look forward to hearing from an- And the gentleman mentioned and thank you a lot. We’ll stand in front of other friend of ours in the freshman talked about on the floor of this sacred flags, and we’ll pat them on the back. class who will be talking to us in a few ground of democracy, Members of this But we won’t let them go through the minutes who has a deep and abiding ap- body have clearly articulated in the recourse of the courts. We won’t let preciation for the importance of these exact words that waterboarding is a them adhere to the basic values that concepts in the real practical reality of useful tool; turning someone upside the gentleman from Iowa said that pre- dealing with this in a global world full down, stuffing a rag in their mouth and dated this country, the idea of being of problems that need the might and the force of the U.S. military to be a pouring water in their mouth under a heard by a jury of your peers, by get- pacifying presence. circumstance where they believe they ting recourse no matter where you I recognize my friend from New are going to drown is acceptable. stand in the hierarchy, no matter Now the idea of me being a history Hampshire, and I would like to ask her where you are economically. specifically, as someone who serves on teacher coming to this body out of the But not these 17. They volunteered. the Armed Services Committee here on classroom that I would ever stand here They fought to defend this Nation. the House, and having heard through and speak of things seemed incredible. They served honorably. And they en- the past year the problems with our But to think that I would stand here dured some of the most excruciating readiness standards for our men and and have to define what torture is to things that have been described here. other Members of this body is incom- women in uniform and the problems of And in one easy stroke today, they prehensible to me. And I tell a story torture that we have been talking have been let down. about here tonight and what symbol we about why this is so important and I don’t know what to say when I hear send to the rest of the world based why we understood Geneva Convention, the story of Colonel Berryman. And I upon our own conduct, what lessons why we understood that by adhering to think of his family, Madam Speaker. I have we learned as a country that you these things, it pushed our values for- don’t know what words can come off ward. have become aware of during your serv- this House floor to tell them the wrong I was teaching a ninth grade history ice on the Armed Services Committee that has been done to them. And it’s class, and one of the assignments was that have relevance to the topic we are to go back and interview a family all going to be done in the name of sup- talking about this evening. member who had had some type of con- porting the troops. It’s all going to be Ms. SHEA-PORTER. Thank you. text in the Second World War, if they done in the typical fashion that it is First, I would like to say that I men- could find a grandparent or great uncle just us not able to get anything done. tioned that my father’s brother had When we made that horrible decision or someone. And the ninth graders served, and he was in the Air Force. He to fund veterans health care, to fund came back and reported. And I remem- flew daylight bombing missions over ber a young man named Bill Wilbrand the vehicles that will protect them in Germany. He talked about the fear dur- came forward, and he was telling an in- combat and to give them a pay raise, ing the day flying those bombing mis- credible story of battle, of heroism, of to maybe hope that that mother sit- sions over Germany, but he never incredible terror and talking to his ting at home can take kids out to the talked about fearing the U.S. Govern- grandfather, telling him the story movie on Saturday while Dad is in Iraq ment, that the U.S. Government would where he was captured by the enemy fighting for the Nation, we weren’t not be there for him. and he was taken away and he was going to hold that up so that was the Then my brother served in Germany, shipped a long distance and put into a choice we were given. So I can tell the and my brother-in-law served in Ger- POW camp. Berrymans and others like him, many. And Germany treated the And the other ninth graders are like, Madam Speaker, that I’m sure not United States troops very, very well in Wow. That was your grampa? What proud of that decision, but that’s what the 1960s and the 1970s and the 1980s. happened? Well, it was kind of cold and we are dealing with coming down from The reason for that was because we had the food was not great but not too bad Pennsylvania Avenue. shown that we were not the kind of and, you know, things were okay. And Mr. BRALEY of Iowa. I want to country that tortured, that when we they said, Well, what happened after- thank you for sharing that story. It is received prisoners of war from Ger- wards? Well, he stayed here. He was a not in my district. It is in Congress- many that we treated them the way we German and he was a prisoner of the man LATHAM’s district. It’s the largest would want to treat any human being. Americans, and they brought him to geographic county in Iowa, and it bor- So it was a long distance from my Western Nebraska to a prisoner-of-war ders on your district. uncle flying over Germany during camp. And he was treated so well, he And one of the things that’s unique World War II bombing missions with said, I will stay here and bring my fam- about the county seat of Kossuth Coun- that great fear about what would hap- ily here, and his family, of course, is ty is that it was also a prisoner-of-war pen to him and then the experience American. camp for German soldiers who were that my brother and my brother-in-law The idea was he saw the values. He captured and transported to the United had in Germany, welcomed as allies, saw the dignity. He understood what States during World War II. And to this welcomed with the reputation that we those American soldiers were. They day, the townspeople of Algona cher- have had of treating our prisoners of disagreed with the tyranny of the Nazi ished the cre`che that was built by Ger- war with compassion and with a sense regime. They disagreed with what was man POWs that they used every year of humanity. happening, and they would fight and during their Christmas celebration as a My worry now on the Armed Services give their lives to stop that. But when symbol of exactly what my friend is Committee is that countries that wish an individual came under their care, talking about which is this: It is noth- to do us harm but might be held back they were treated with dignity. ing more simple than the Golden Rule from torturing our individual troops And there was a sense of, that word that you treat other people the way because they have a Geneva Conven- swept through. That’s why you had en- you would like to be treated. tion to uphold, they will have world

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They oners of War in the office of the Sec- before I was born, and to see the touch- only understand not only that we have retary of Defense, she speaks Russian, ing way that his family and his friends to have some rules of engagement and and so she went to Russia to dig a bit placed those remains in the frozen Iowa war and conduct for our POWs, but we to see about how they were going about soil is a poignant reminder of exactly also understand that if you don’t want their archives in Russia, looking for why this country cares and won’t for- anybody to torture your troops, that records of those that we may have lost get. you have to respond the same way. or we are still missing, potentially, The other example, which is an ac- So we have to hold ourselves to a even back to World War II, Korea, the tual positive benefit from this defense standard, a standard, by the way, that Korean War, Vietnam. The Russian authorization bill is that when I was a the United States has led and been general said to her, Why do you care so college student during the Iranian hos- proud to show the rest of the world and much in America about those you may tage crisis, one of the best-known hos- our own good behavior through history. have lost long ago? tages was a woman who grew up in my The world understands that when you Here we have men and women who district in Bremer County, Kathryn receive a U.S. soldier and you torture, wear the cloth of this Nation. They Koob. For people like Kathryn Koob you will pay a price; at least that’s went to war for this Nation in the first and other Iranian hostages, there will what they understood before. Gulf War. They were tortured, close to be an opportunity to get the compensa- Our soldiers understood that if they giving the ultimate sacrifice, and they tion they deserve for what they went were harmed when they were being came home. Under the rule of law, through that no American should have held by another nation they would pay which this Nation stands for above ev- to put up with. that price. So the change now, Con- erything else, the rule of law and its But it’s also a reflection of this ad- gressman, is what does this mean? If ideals, they correctly won judgment ministration’s foreign policy that we we don’t have the President of the against the Iraqi Government that is, allow those claims to be pursued United States, the Commander in as you said before, obligated for the against a state-sponsored terrorism act Chief, stand up for our troops, what prior Iraqi Government’s actions. And that occurred in Iran, but we have does that mean and how will other na- the President vetoed a bill, not because taken away the rights of U.S. prisoners tions view this? That’s my great worry. it would have any harm on the recon- of war to recover compensation from Mr. BRALEY of Iowa. I thank you for struction efforts of this government, state-sponsored terror in Iraq. Maybe those insightful comments. As our but because they threatened this Gov- that makes sense to some people, but it class president has stated on many oc- ernment of Iraq to pull $25 billion out just doesn’t pass the smell test in Iowa. casions, we are blessed in this fresh- of our trillions of dollars of markets in With that, I would like to thank all man class with incredible people who the economy, $25 billion. of my colleagues, and I would also like We spend close to $12 billion a month have had incredible life experiences to recognize my friend and roommate for our war in Iraq. Two months. These that they bring to this body. One of my from Colorado, who I wasn’t aware was men and women gave something that’s friends and mentors on the issues that with us. Mr. PERLMUTTER, we would priceless, the opportunity that their we are talking about here today is my like to have you close us out for the re- lives might be given in support of this friend from Pennsylvania who has maining time with your thoughts on Nation. I wish this Congress had voted more real-world knowledge about how this topic. to try to override that veto. I thank these international treaties impact the Mr. PERLMUTTER. I thank my you, above all else, for submitting this role of our military around the world friend from Iowa and my friends who bill that we will have another attempt than anyone else that I personally have shared today because you have to right this wrong. know. talked about just fundamental values I would like to recognize my col- We are very fortunate that there are those who recognize that great portrait of what makes America great, whether league from Pennsylvania, JOE SESTAK, that sits across from the Secretary of they are biblical or just precepts of our and ask him this question: When we Defense’s office. And there is a young Constitution. are trying to teach the brave men and servicemember in this picture, that is I am going to step back and just be a women who serve this country about kneeling in church with his young fam- little more businesslike about this. their role in combat and about their ily next to him. It’s very obvious he is These gentlemen, these servicemen and role as potential POWs, what type of about to go away for another 6 months, women were tortured, harmed, beaten, message do we send them when we have 8-month deployment, leaving home bashed, broken. They brought a claim a President who has taken the action again. against Saddam Hussein and his re- that this President has that goes Under it is this wonderful saying gime, and they had, that regime had against everything we believe and from the Book of Isaiah, where God has assets. Those assets were here in the about the role of the rule of law and its turned to Isaiah and says, Whom will United States of America. They have a strong force in preventing other states go for us, whom shall I send? Isaiah re- claim against those assets. or nations from terrorizing and tor- plies, Here am I, send me. Here am I, We are not making a claim against turing our citizens? send me. U.S. assets. We are not making a Mr. SESTAK. I appreciate the oppor- How we treat those who somehow claim, they are not making a claim tunity to speak. What occurred in this grow up in America to go and say, Here against the new regime’s assets, but defense bill by the veto of this Presi- am I, send me, how we treat them in the old regime. Now, they have a dent I honestly think is almost unprec- their adversities when they return claim. They can’t just turn it back. edented. Take Vice Admiral Stockdale, home I honestly think will either con- They were hurt. They were tortured. the senior prisoner of war in North tinue those to say, Here am I, send me, They should be compensated. That’s Vietnam. When he was asked, Did you or it may damage it. In this case it was the bottom line here. ever think that you would return to wrong of this President, and I thank Now, if the President has chosen to the United States, he said, I never lost you so much for trying to prevail in say you cannot sue the old regime, you faith in the end of the story, that I the end with this bill. don’t have a claim against the old re- would prevail, that I will win at the Mr. BRALEY of Iowa. I thank my gime, then there should be other com- end and return to my home, to my friend so much for those eloquent pensation due to these gentlemen for home, America. words. It’s amazing how much we can the torture that they have suffered. If there is anything I learned in the learn from our former enemies, the f military, and as I went about the world words you shared. Why do you care so those 31 years in the Navy, we are re- much for those you lost long ago? I am LEAVE OF ABSENCE spected for the power of our military, just going to close with two examples By unanimous consent, leave of ab- respected for the power of our econ- from my district. sence was granted to: omy. We are admired for the power of While I was home over the holiday Ms. HARMAN (at the request of Mr. our ideas. recess, the remains were brought back HOYER) for January 22.

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H454 CONGRESSIONAL RECORD — HOUSE January 23, 2008 Mr. LUCAS of Oklahoma (at the re- verage Transaction Merchants (RIN: 3038- 7] received January 4, 2008, pursuant to 5 quest of Mr. BOEHNER) for today, on ac- AC45) received January 15, 2008, pursuant to U.S.C. 801(a)(1)(A); to the Committee on count of family illness. 5 U.S.C. 801(a)(1)(A); to the Committee on Oversight and Government Reform. Agriculture. 5114. A letter from the Chief, Regulations f 5103. A letter from the Executive Director, and Publications Branch, Internal Revenue SPECIAL ORDERS GRANTED Commodity Futures Trading Commission, Service, transmitting the Service’s final rule transmitting the Commission’s final rule — — 26 CFR 601.201: Rulings and determination By unanimous consent, permission to Maintenance of Books, Records and Reports letters. (Rev. Proc. 2008-09) received January address the House, following the legis- by Traders (RIN: 3038-AC22) received January 16, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to lative program and any special orders 15, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means. heretofore entered, was granted to: the Committee on Agriculture. 5115. A letter from the Chief, Publications 5104. A letter from the Executive Director, (The following Members (at the re- and Regulations, Internal Revenue Service, Commodity Futures Trading Commission, transmitting the Service’s final rule — Life quest of Mr. CROWLEY) to revise and ex- transmitting the Commission’s final rule — Insurance Reserves —— Proposed AG tend their remarks and include extra- Special Calls — received January 15, 2008, VACARVM and Life PBR [Notice 2008-18] re- neous material:) pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ceived January 16, 2008, pursuant to 5 U.S.C. Mr. CROWLEY, for 5 minutes, today. mittee on Agriculture. 801(a)(1)(A); to the Committee on Ways and Mr. MCDERMOTT, for 5 minutes, 5105. A letter from the Chief Counsel, Means. today. FEMA, Department of Homeland Security, 5116. A letter from the Chief, Publications transmitting the Department’s final rule — Ms. WOOLSEY, for 5 minutes, today. and Regulations, Internal Revenue Service, Final Flood Elevation Determinations — re- Mr. CUMMINGS, for 5 minutes, today. transmitting the Service’s final rule — Sec- ceived January 15, 2008, pursuant to 5 U.S.C. tion 42.—-Low-Income Housing Credit 26 CFR Ms. KAPTUR, for 5 minutes, today. 801(a)(1)(A); to the Committee on Financial 1.42-16: Eligible basis reduced by federal Mr. DEFAZIO, for 5 minutes, today. Services. grants. (Rev. Rul. 2008-6) received January Mrs. MALONEY of New York, for 5 5106. A letter from the Chief Counsel, 16, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to minutes, today. FEMA, Department of Homeland Security, the Committee on Ways and Means. Ms. MOORE of Wisconsin, for 5 min- transmitting the Department’s final rule — 5117. A letter from the Chief, Publications utes, today. Final Flood Elevation Determinations; Cor- and Regulations Branch, Internal Revenue rection — received January 15, 2008, pursuant (The following Members (at the re- Service, transmitting the Service’s final rule to 5 U.S.C. 801(a)(1)(A); to the Committee on — Cell Captive Insurance Arrangements: In- quest of Mr. ENGLISH of Pennsylvania) Financial Services. to revise and extend their remarks and surance Company Characterization and Cer- 5107. A letter from the Chief Counsel, tain Federal Tax Elections [Notice 2008-19] include extraneous material:) FEMA, Department of Homeland Security, received January 16, 2008, pursuant to 5 Mr. WELDON of Florida, for 5 minutes, transmitting the Department’s final rule — U.S.C. 801(a)(1)(A); to the Committee on today. Suspension of Community Eligibility [Dock- Ways and Means. Mr. PENCE, for 5 minutes, today. et No. FEMA-8005] received January 15, 2008, 5118. A letter from the Chief, Publications (The following Member (at his own pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Regulations Branch, Internal Revenue mittee on Financial Services. Service, transmitting the Service’s final rule request) to revise and extend his re- 5108. A letter from the Chief Counsel, — Section 162.—-Trade or Business Expenses marks and include extraneous mate- FEMA, Department of Homeland Security, 26 CFR 1.162-1: Business Expenses. (Also 801, rial:) transmitting the Department’s final rule — 831) (Rev. Rul. 2008-8) received January 16, Final Flood Elevation Determinations — re- Mr. BURGESS, for 5 minutes, today. 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the ceived January 15, 2008, pursuant to 5 U.S.C. f Committee on Ways and Means. 801(a)(1)(A); to the Committee on Financial 5119. A letter from the Chief, Publications Services. ADJOURNMENT and Regulations Branch, Internal Revenue 5109. A letter from the General Counsel, Service, transmitting the Service’s final rule Mr. BRALEY of Iowa. Madam Speak- National Credit Union Administration, — Guidance Under Section 1502; Miscella- er, pursuant to House Concurrent Reso- transmitting the Administration’s final rule neous Operating Rules for Successor Per- lution 279, 110th Congress, I move that — Records Preservation Program and Appen- sons; Succession to Items of the Liquidating dices-Record Retention Guidelines; Cata- the House do now adjourn. Corporation [TD 9376] (RIN: 1545-BD54) re- strophic Act Preparedness Guidelines (RIN: The motion was agreed to; accord- ceived January 16, 2008, pursuant to 5 U.S.C. 3133-AD24) received January 16, 2008, pursu- ingly (at 6 o’clock and 28 minutes 801(a)(1)(A); to the Committee on Ways and ant to 5 U.S.C. 801(a)(1)(A); to the Committee p.m.), the House adjourned until Mon- Means. on Financial Services. day, January 28, 2008, at 2 p.m. 5110. A letter from the Assistant General f f Counsel for Regulatory Services, Depart- ment of Education, transmitting the Depart- TIME LIMITATION OF REFERRED EXECUTIVE COMMUNICATIONS, ment’s final rule — Direct Grant Programs BILL ETC. [Docket ID ED-2007-OCFO-0132] (RIN: 1890- Pursuant to clause 2 of rule XII the Under clause 8 of rule XII, executive AA15) received January 17, 2008, pursuant to following action was taken by the communications were taken from the 5 U.S.C. 801(a)(1)(A); to the Committee on Speaker: Education and Labor. Speaker’s table and referred as follows: 5111. A letter from the Director, Bureau of H.R. 2830. Referral to the Committee on 5100. A letter from the Executive Director, Economic Analysis, Department of Com- Energy and Commerce extended for a period Commodity Futures Trading Commission, merce, transmitting the Department’s final ending not later than January 29, 2008. transmitting the Commission’s final rule — rule — Direct Investment Surveys; BE-11, f Exemption From Registration for Certain Annual Survey of U.S. Direct Investment Foreign Persons (RIN: 3038-AC26) received Abroad [Docket No. 07 0301041-7802-03] (RIN: PUBLIC BILLS AND RESOLUTIONS January 15, 2008, pursuant to 5 U.S.C. 0691-AA63) received January 17, 2008, pursu- Under clause 2 of rule XII, public 801(a)(1)(A); to the Committee on Agri- ant to 5 U.S.C. 801(a)(1)(A); to the Committee bills and resolutions were introduced culture. on Foreign Affairs. 5101. A letter from the Executive Director, 5112. A letter from the Assistant Secretary and severally referred, as follows: Commodity Futures Trading Commission, For Export Administration, Department of By Mr. MANZULLO (for himself, Mr. transmitting the Commission’s final rule — Commerce, transmitting the Department’s LIPINSKI, Mr. CANTOR, Mr. HERGER, Rules Relating To Review of National Fu- final rule — Revisions and Technical Correc- and Mr. FORTENBERRY): tures Association Decisions in Disciplinary, tions to the Export Administration Regula- H.R. 5101. A bill to amend the Internal Rev- Membership Denial, Registration and Mem- tions and the Defense Priorities and Alloca- enue Code of 1986 to accelerate the phasein of ber Responsibility Actions (RIN: 3038-AC43) tions System Regulation [Docket No. the deduction for domestic production ac- received January 15, 2008, pursuant to 5 071011588-7712-02] (RIN: 0694-AE15) received tivities; to the Committee on Ways and U.S.C. 801(a)(1)(A); to the Committee on Ag- January 15, 2008, pursuant to 5 U.S.C. Means. riculture. 801(a)(1)(A); to the Committee on Foreign Af- By Mr. CALVERT (for himself and Mr. 5102. A letter from the Executive Director, fairs. JACKSON of Illinois): Commodity Futures Trading Commission, 5113. A letter from the Chief Acquisition H.R. 5102. A bill to direct the Secretary of transmitting the Commission’s final rule — Officer, GSA, Department of Defense, trans- Transportation to establish and collect a fee Termination of Associated Persons and Prin- mitting the Department’s final rule — Fed- based on the fair market value of articles cipals of Futures Commission Merchants, In- eral Acquisition Regulation; Federal Acqui- imported into the United States and articles troducing Brokers, Commodity Trading Ad- sition Circular 2005-22; Small Entity Compli- exported from the United States in com- visors, Commodity Pool Operators and Le- ance Guide [Docket FAR-2007-0002, Sequence merce and to use amounts collected from the

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fee to make grants to carry out certain Mr. BARTLETT of Maryland, Mr. By Mr. HULSHOF: transportation projects in the transportation BILBRAY, Mr. BURTON of Indiana, Mr. H.R. 5121. A bill to extend the temporary trade corridors for which the fee is collected, CANNON, Mr. CARTER, Mrs. CUBIN, Mr. reduction of duty on cyclopropane-1,1- and for other purposes; to the Committee on DOOLITTLE, Ms. FALLIN, Ms. FOXX, dicarboxylic acid, dimethyl ester; to the Transportation and Infrastructure, and in Mr. GOODLATTE, Mr. HUNTER, Mr. Committee on Ways and Means. addition to the Committees on Ways and ISSA, Mr. SAM JOHNSON of Texas, Mr. By Mr. HULSHOF: Means, and Foreign Affairs, for a period to KLINE of Minnesota, Mr. LAMBORN, H.R. 5122. A bill to suspend temporarily the be subsequently determined by the Speaker, Mr. MANZULLO, Mr. MARCHANT, Mrs. duty on Pyrasulfotole; to the Committee on in each case for consideration of such provi- MUSGRAVE, Mr. PITTS, Mr. PRICE of Ways and Means. sions as fall within the jurisdiction of the Georgia, Mrs. MCMORRIS RODGERS, By Mr. HULSHOF: committee concerned. Mr. ROSKAM, Mr. SESSIONS, Mr. SHAD- H.R. 5123. A bill to extend the temporary By Mr. JOHNSON of Georgia (for him- EGG, Mr. SOUDER, Mr. THORNBERRY, suspension of duty on Pyrimethanil; to the self, Mr. CUMMINGS, Ms. CLARKE, Mr. Mr. WALBERG, and Mr. WILSON of Committee on Ways and Means. AL GREEN of Texas, Mr. LEWIS of South Carolina): By Mr. HUNTER (for himself, Mr. Georgia, Mr. ELLISON, Mr. H.R. 5109. A bill to amend the Internal Rev- DREIER, Mr. POE, Mr. ROYCE, Mr. PERLMUTTER, Mr. CROWLEY, Ms. WAT- enue Code of 1986 to provide for permanent GOODE, and Mr. ROHRABACHER): SON, Mr. KAGEN, and Ms. LINDA T. tax incentives for economic growth; to the H.R. 5124. A bill to amend the Illegal Immi- SA´ NCHEZ of California): Committee on Ways and Means. gration Reform and Immigrant Responsi- H.R. 5103. A bill to amend the Internal Rev- By Mr. HIGGINS (for himself, Ms. bility Act of 1996 to provide for two-layered, enue Code of 1986 to allow a credit against DELAURO, Mr. BACA, Mr. MCINTYRE, 14-foot reinforced fencing along the south- income tax to vehicle fleet operators for pur- Mr. COURTNEY, Mr. MCNERNEY, Ms. west border, and for other purposes; to the chasing tires made from recycled rubber; to SCHAKOWSKY, Mr. ARCURI, Mr. MOORE Committee on Homeland Security. the Committee on Ways and Means. of Kansas, and Mr. ELLISON): By Mr. ISRAEL (for himself and Mr. By Mr. CONYERS (for himself and Mr. H.R. 5110. A bill to amend title VII of the BISHOP of New York): REYES): Social Security Act to require the President H.R. 5125. A bill to amend title XVIII of the H.R. 5104. A bill to extend the Protect to transmit the annual budget of the Social Social Security Act to provide for a Medi- America Act of 2007 for 30 days; to the Com- Security Administration without revisions care Advantage benchmark adjustment for mittee on the Judiciary, and in addition to to Congress, and for other purposes; to the certain local areas with VA medical centers the Committee on Intelligence (Permanent Committee on Ways and Means. and for certain contiguous areas; to the Select), for a period to be subsequently de- By Mr. HOEKSTRA: Committee on Ways and Means, and in addi- termined by the Speaker, in each case for H.R. 5111. A bill to grant to a State with an tion to the Committee on Energy and Com- consideration of such provisions as fall with- unemployment rate that is equal to or great- merce, for a period to be subsequently deter- in the jurisdiction of the committee con- er than 125 percent of the national unem- mined by the Speaker, in each case for con- cerned. ployment rate authority to use Federal sideration of such provisions as fall within By Mr. DREIER (for himself, Mr. SES- funds made available to such State for job the jurisdiction of the committee concerned. SIONS, Mr. KING of New York, Mrs. training programs; to the Committee on By Mr. KNOLLENBERG: MILLER of Michigan, Mr. FOSSELLA, Education and Labor, and in addition to the H.R. 5126. A bill to amend the Internal Rev- Mr. CANTOR, Mr. RADANOVICH, Mr. Committee on Ways and Means, for a period enue Code of 1986 to reduce individual in- ROYCE, Mrs. BONO MACK, Mr. DENT, to be subsequently determined by the Speak- come taxes by creating a new 5 percent rate Mr. HERGER, and Mr. BLUNT): er, in each case for consideration of such pro- H.R. 5105. A bill to amend the Internal Rev- visions as fall within the jurisdiction of the of tax and to increase section 179 expensing enue Code of 1986 to reduce taxes by pro- committee concerned. for small businesses; to the Committee on viding an alternative determination of in- By Mr. HULSHOF: Ways and Means. come tax liability for individuals, repealing H.R. 5112. A bill to extend the temporary By Mr. LATHAM (for himself, Mr. KING the estate and gift taxes, reducing corporate suspension of duty on certain master cyl- of Iowa, Mr. LOEBSACK, Mr. BOSWELL, income tax rates, reducing the maximum tax inder assemblies for braking systems de- and Mr. BRALEY of Iowa): for individuals on capital gains and divi- signed for use in hybrid vehicles; to the Com- H.R. 5127. A bill to authorize the Secretary dends to 10 percent, indexing the basis of as- mittee on Ways and Means. of the Interior to designate the Dr. Norman sets for purposes of determining capital gain By Mr. HULSHOF: E. Borlaug Birthplace and Childhood Home or loss, creating tax-free accounts for retire- H.R. 5113. A bill to extend the temporary in Cresco, Iowa, as a National Historic Site ment savings, lifetime savings, and life suspension of duty on certain transaxles de- and unit of the National Park System, and skills, repealing the adjusted gross income signed for use in hybrid vehicles; to the Com- for other purposes; to the Committee on Nat- threshold in the medical care deduction for mittee on Ways and Means. ural Resources. individuals under age 65 who have no em- By Mr. HULSHOF: By Ms. LEE (for herself, Ms. WOOLSEY, H.R. 5114. A bill to extend the temporary ployer health coverage, and for other pur- Ms. WATERS, and Mr. HINCHEY): suspension of duty on certain static con- poses; to the Committee on Ways and Means. H.R. 5128. A bill disapproving of any formal verters designed for use in hybrid vehicles; By Mr. ABERCROMBIE: agreement emerging from the ‘‘Declaration H.R. 5106. A bill to authorize the Marine to the Committee on Ways and Means. of Principles for a Long-Term Relationship Mammal Commission to establish a national By Mr. HULSHOF: of Cooperation and Friendship Between the H.R. 5115. A bill to extend the temporary research program to fund basic and applied Republic of Iraq and the United States of suspension of duty on certain controllers for research on marine mammals, and for other America’’ unless the agreement is approved electric power assisted braking systems, de- purposes; to the Committee on Natural Re- through an Act of Congress; to the Com- signed for use in hybrid vehicles; to the Com- sources. mittee on Foreign Affairs, and in addition to mittee on Ways and Means. By Ms. BEAN: the Committee on Armed Services, for a pe- By Mr. HULSHOF: H.R. 5107. A bill to amend the Internal Rev- riod to be subsequently determined by the H.R. 5116. A bill to extend the temporary Speaker, in each case for consideration of enue Code of 1986 to allow a 5-year carryback suspension of duty on certain nickel-metal such provisions as fall within the jurisdic- for certain net operating losses and to in- hydride storage batteries designed for use in tion of the committee concerned. crease the dollar limitation on expensing hybrid vehicles; to the Committee on Ways By Mr. LEWIS of Georgia (for himself, certain depreciable assets; to the Committee and Means. Mr. GEORGE MILLER of California, Mr. on Ways and Means. By Mr. HULSHOF: By Mr. FILNER: H.R. 5117. A bill to extend the temporary CONYERS, Mr. ANDREWS, Ms. NORTON, H.R. 5108. A bill to amend section 8 of the suspension of duty on 2,4-Dichloroaniline; to Mr. MCDERMOTT, Mr. SERRANO, Mr. United States Housing Act of 1937 to provide the Committee on Ways and Means. MCGOVERN, Mr. WEXLER, Mr. for rental assistance payments to assist cer- By Mr. HULSHOF: GRIJALVA, Ms. LEE, Mr. FATTAH, Mr. tain owners of manufactured homes who rent H.R. 5118. A bill to extend the temporary FARR, Mr. ELLISON, Mr. HASTINGS of the lots on which their homes are located; to suspension of duty on Aluminum tris (O- Florida, Ms. WOOLSEY, Mr. BERMAN, the Committee on Financial Services. ethylphosphonate); to the Committee on Ms. SOLIS, Ms. CORRINE BROWN of By Mr. GARRETT of New Jersey (for Ways and Means. Florida, Mr. WYNN, Ms. DELAURO, Mr. himself, Mr. JORDAN, Mr. AKIN, Mrs. By Mr. HULSHOF: COHEN, Mr. AL GREEN of Texas, Mrs. BLACKBURN, Mr. CAMPBELL of Cali- H.R. 5119. A bill to suspend temporarily the MALONEY of New York, Mr. KUCINICH, fornia, Mr. CANTOR, Mr. CULBERSON, duty on 2,2-Dimethylbutanoic acid 3-(2,4- Ms. SUTTON, and Mr. CROWLEY): Mr. DAVID DAVIS of Tennessee, Mr. dichlorophenyl)-2-oxo-1-oxaspiro(4.5)dec-3- H.R. 5129. A bill to restore, reaffirm, and FEENEY, Mr. FLAKE, Mr. FRANKS of en-4-yl ester; to the Committee on Ways and reconcile legal rights and remedies under Arizona, Mr. GINGREY, Mr. GOHMERT, Means. civil rights statutes; to the Committee on Mr. HENSARLING, Mr. HERGER, Mr. By Mr. HULSHOF: the Judiciary, and in addition to the Com- MACK, Mr. MCCAUL of Texas, Mr. H.R. 5120. A bill to extend the temporary mittees on Education and Labor, and Trans- MCHENRY, Mr. PAUL, Mr. PENCE, Mr. suspension of duty on Fenamidone; to the portation and Infrastructure, for a period to RYAN of Wisconsin, Mrs. BACHMANN, Committee on Ways and Means. be subsequently determined by the Speaker,

VerDate Aug 31 2005 00:40 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H23JA8.REC H23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE H456 CONGRESSIONAL RECORD — HOUSE January 23, 2008 in each case for consideration of such provi- ment of Abraham Lincoln’s beliefs; to the ADDITIONAL SPONSORS TO PUBLIC sions as fall within the jurisdiction of the Committee on Oversight and Government BILLS AND RESOLUTIONS committee concerned. Reform. By Mr. MCDERMOTT: By Mr. HOYER: Under clause 7 of rule XII, sponsors H.R. 5130. A bill to provide for the payment were added to public bills and resolu- of interest on claims paid by the United H. Con. Res. 282. Concurrent resolution tions as follows: States in connection with the correction of providing for a joint session of Congress to receive a message from the President; con- H.R. 154: Ms. WOOLSEY. military records when a military corrections H.R. 241: Mr. HAYES. board sets aside a conviction by court-mar- sidered and agreed to. By Mr. PAYNE: H.R. 303: Ms. ZOE LOFGREN of California. tial; to the Committee on Armed Services. H.R. 322: Mr. MICA. By Mr. POE: H. Con. Res. 283. Concurrent resolution H.R. 380: Mr. HINOJOSA. H.R. 5131. A bill to amend title 18, United calling for a peaceful resolution to the cur- H.R. 464: Mr. SESTAK. States Code, to provide criminal penalties rent electoral crisis in Kenya; to the Com- H.R. 502: Mr. BILBRAY. for the destruction of memorials, mittee on Foreign Affairs. H.R. 503: Ms. TSONGAS and Mr. ELLISON. headstones, markers, and graves commemo- By Mr. BLUMENAUER (for himself, H.R. 538: Mr. HALL of Texas. rating persons serving in the Armed Forces Mr. OBERSTAR, Mr. DEFAZIO, Mr. H.R. 550: Mr. SHAYS. on private property; to the Committee on WALSH of New York, Mr. PETRI, and H.R. 882: Ms. DELAURO, Ms. LORETTA the Judiciary. Mr. FARR): SANCHEZ of California, and Mr. PASTOR. By Ms. SOLIS: H.R. 1000: Ms. SLAUGHTER, Mr. H.R. 5132. A bill to require the Adminis- H. Res. 935. A resolution honoring the 100th PERLMUTTER, Mr. DANIEL E. LUNGREN of trator of the Environmental Protection anniversary of President Theodore Roo- California, Ms. GINNY BROWN-WAITE of Flor- Agency to establish an Interagency Working sevelt’s Conference of Governors, supporting ida, and Mr. BILIRAKIS. Group on Environmental Justice to provide the goals and ideals of that Conference, and H.R. 1223: Mr. MICHAUD and Mr. THOMPSON guidance to Federal agencies on the develop- recognizing the need for a similar under- of Mississippi. ment of criteria for identifying dispropor- taking today; to the Committee on Natural H.R. 1225: Ms. ESHOO. tionately high and adverse human health or Resources. H.R. 1232: Mr. TIM MURPHY of Pennsylvania environmental effects on minority popu- By Mr. BLUMENAUER (for himself, and Mr. ROSS. lations and low-income populations, and for Mr. OBERSTAR, Mr. DEFAZIO, Mr. H.R. 1237: Mr. WALDEN of Oregon, Mr. other purposes; to the Committee on Energy WALSH of New York, Mr. PETRI, and BISHOP of Georgia, Mr. JOHNSON of Illinois, and Commerce, and in addition to the Com- Mr. FARR): and Mr. COSTELLO. mittee on Natural Resources, for a period to H. Res. 936. A resolution honoring the 200th H.R. 1246: Mr. DOGGETT. be subsequently determined by the Speaker, anniversary of the Gallatin Report on Roads H.R. 1304: Mr. HASTINGS of Washington. in each case for consideration of such provi- and Canals, celebrating the national unity H.R. 1343: Mr. THOMPSON of Mississippi. sions as fall within the jurisdiction of the the Gallatin Report engendered, and recog- H.R. 1363: Mr. BISHOP of New York and Mr. committee concerned. FRANK of Massachusetts. By Mr. SPACE: nizing the vast contributions that national H.R. 5133. A bill to increase funding for the planning efforts have provided to the United H.R. 1386: Mr. UDALL of Colorado. program of block grants to States for social States; to the Committee on Transportation H.R. 1399: Mr. WITTMAN of Virginia and Mr. services; to the Committee on Ways and and Infrastructure. LATTA. Means. By Mr. BURGESS: H.R. 1524: Mr. PETERSON of Minnesota. H.R. 1540: Mr. GONZALEZ. By Mr. TERRY (for himself, Mr. POM- H. Res. 937. A resolution expressing the H.R. 1542: Ms. ESHOO, and Mr. TOWNS. EROY, Mr. PETERSON of Minnesota, sense of the House of Representatives that Mr. SALAZAR, Mr. PAUL, Mrs. H.R. 1553: Mr. WESTMORELAND, and Mr. the emergency communications services pro- ADERHOLT. MCMORRIS RODGERS, Mr. GRAVES, Mr. vided by the American Red Cross are vital MCCAUL of Texas, Mr. REHBERG, Mr. H.R. 1589: Mrs. LOWEY. resources for military service members and H.R. 1621: Mr. GORDON and Mr. MILLER of BISHOP of Georgia, Mr. BURTON of In- their families; to the Committee on Foreign diana, Mr. FORTENBERRY, Mr. North Carolina. Affairs. H.R. 1665: Mr. UDALL of New Mexico and SOUDER, Mr. BOSWELL, Mr. KAGEN, By Mr. MOLLOHAN (for himself, Mr. Mr. SIMPSON, Mr. BOOZMAN, Mr. Mr. YOUNG of Alaska. NEAL of Massachusetts, Ms. PEARCE, and Mr. GILCHREST): H.R. 1742: Mr. WELLER, Mr. SAM JOHNSON of VELA´ ZQUEZ, Mr. WYNN, Ms. LEE, Mr. H.R. 5134. A bill to amend the Internal Rev- Texas, and Mr. HERGER. MURTHA, Mr. MCNULTY, Mr. CARNEY, enue Code of 1986 to provide an exclusion for H.R. 1755: Ms. SCHAKOWSKY. Mr. DOYLE, Mr. KANJORSKI, Mr. gain from the sale of farmland to encourage H.R. 1884: Mr. OLVER, Mr. PLATTS, Mr. ALTMIRE, Mr. STUPAK, Ms. LINDA T. the continued use of the property for farm- CLAY, and Mr. BAIRD. SA´ NCHEZ of California, Mr. FATTAH, ing, and for other purposes; to the Com- H.R. 1927: Mrs. LOWEY and Mr. ETHERIDGE. Mrs. MCCARTHY of New York, Mr. mittee on Ways and Means. H.R. 1974: Mr. BISHOP of Utah. BISHOP of Georgia, Mr. OLVER, Mr. By Mr. TIAHRT (for himself, Mrs. H.R. 1975: Mr. SIRES, Mr. LEVIN, Mr. MAR- CAPUANO, Mr. PASCRELL, Mr. DICKS, BOYDA of Kansas, Mr. MORAN of Kan- SHALL, and Mr. ELLISON. Mr. LAMPSON, Mr. ORTIZ, Mr. REYES, sas, and Mr. MOORE of Kansas): H.R. 2032: Mr. JACKSON of Illinois. H.R. 5135. A bill to designate the facility of Mr. SCHIFF, Mr. FRANK of Massachu- H.R. 2054: Mr. POMEROY. the United States Postal Service located at setts, Mr. SPRATT, Mr. HASTINGS of H.R. 2060: Mr. LUCAS. 201 West Greenway Street in Derby, Kansas, Florida, Mrs. JONES of Ohio, Mrs. H.R. 2158: Mr. MCHENRY. as the ‘‘Sergeant Jamie O. Maugans Post Of- DAVIS of California, Mr. SCOTT of Vir- H.R. 2160: Mr. WYNN. fice Building’’; to the Committee on Over- ginia, Mr. DELAHUNT, Mr. PETERSON H.R. 2303: Ms. SUTTON. sight and Government Reform. of Minnesota, Mr. SERRANO, Mrs. H.R. 2310: Mr. MICHAUD. By Mr. TIBERI: CAPITO, and Mr. RAHALL): H.R. 2327: Ms. MATSUI. H.R. 5136. A bill to amend the Harmonized H. Res. 938. A resolution commending the H.R. 2469: Mr. FORTENBERRY. Tariff Schedule of the United States to per- West Virginia University Mountaineer foot- H.R. 2510: Mr. FORTENBERRY. mit foreign jewelry manufacturers who pur- ball team for exemplifying the pride, deter- H.R. 2511: Mr. STARK, Mr. PASTOR, and Mr. chase precious metals produced in the United mination, and spirit of the Mountain State BISHOP of Georgia. States for use in the manufacture of jewelry and overcoming adversity with skill, com- H.R. 2564: Mr. HAYES. abroad to pay import duties on the value of mitment, and teamwork to win the 2008 H.R. 2695: Mr. PASTOR and Ms. BORDALLO. the imported jewelry articles less the value Tostitos Fiesta Bowl; to the Committee on H.R. 2708: Mr. HINCHEY, Mr. KILDEE, Ms. SUTTON, Mrs. MALONEY of New York, Mrs. of all United States origin precious metals Education and Labor. NAPOLITANO, Mr. SIRES, Mr. LEWIS of Geor- incorporated in the article; to the Com- By Ms. ROS-LEHTINEN (for herself, gia, Mr. FRANK of Massachusetts, Mrs. mittee on Ways and Means. Mr. BURTON of Indiana, Mr. CANTOR, CHRISTENSEN, Ms. NORTON, and Ms. SLAUGH- By Mr. MANZULLO (for himself, Mr. Mr. RAMSTAD, Mr. WILSON of South A OOD ACKSON TER. L H , Mr. J of Illinois, Mr. Carolina, Mr. PENCE, Mr. MARSHALL, OHNSON AVIS H.R. 2894: Mr. ISRAEL, Mr. GOODLATTE, Mr. J of Illinois, Mr. D of Illi- Mr. FORTUN˜ O, Mr. SHIMKUS, Mr. OSTELLO HIMKUS MCCAUL of Texas, and Mr. BOOZMAN. nois, Mr. C , Mr. S , Ms. GALLEGLY, Ms. BERKLEY, Mr. BACHUS, CHAKOWSKY IRK OSKAM H.R. 2990: Mr. BOREN and Ms. ESHOO. S , Mr. K , Mr. R , Mr. COHEN, Mr. ROYCE, Mr. CHABOT, MANUEL IGGERT I H.R. 3008: Mr. CARNEY. Mr. E , Mrs. B , Mr. L - and Mr. LAMBORN): PINSKI, Mr. WELLER, Ms. BEAN, and H.R. 3010: Mr. WATT. Mr. HARE): H. Res. 939. A resolution condemning the H.R. 3026: Mr. SAM JOHNSON of Texas and H. Con. Res. 281. Concurrent resolution glorification of terrorism and the continuing Mr. MORAN of Virginia. celebrating the birth of Abraham Lincoln anti-Israel and anti-Semitic rhetoric at the H.R. 3029: Mr. ROTHMAN and Ms. ESHOO. and recognizing the prominence the Declara- United Nations; to the Committee on For- H.R. 3195: Ms. TSONGAS. tion of Independence played in the develop- eign Affairs. H.R. 3256: Mr. BISHOP of Georgia.

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H.R. 3257: Ms. ESHOO. H.R. 4838: Ms. WOOLSEY, Mr. EMANUEL, Mr. Florida, Ms. BERKLEY, Mr. LIPINSKI, Mr. SES- H.R. 3286: Mr. MICHAUD. DINGELL, Mr. CAPUANO, and Mr. STARK. SIONS, Mr. MARIO DIAZ-BALART of Florida, H.R. 3298: Ms. SCHAKOWSKY. H.R. 4845: Mr. DAVID DAVIS of Tennessee. Mr. KENNEDY, Mr. POE, Mrs. CHRISTENSEN, H.R. 3329: Ms. EDDIE BERNICE JOHNSON of H.R. 4926: Mrs. MALONEY of New York, Ms. and Mr. ADERHOLT. Texas and Mr. SMITH of Washington. NORTON, Mr. MCGOVERN, Mr. AL GREEN of H. Con. Res. 280: Ms. SCHAKOWSKY, Mr. H.R. 3359: Mr. MARCHANT. Texas, Mr. CUMMINGS, Mrs. NAPOLITANO, and BERMAN, Ms. VELA´ ZQUEZ, Mr. WATT, and Ms. H.R. 3406: Mr. SESTAK. Mr. MCNULTY. SOLIS. H.R. 3477: Mr. DAVID DAVIS of Tennessee. H.R. 4934: Mrs. JONES of Ohio, Ms. BERK- H. Res. 49: Mr. ROGERS of Michigan, Mr. H.R. 3480: Mr. ALEXANDER and Mr. BISHOP LEY, Mr. KENNEDY, Mr. COHEN, and Ms. HOEKSTRA, Mrs. MILLER of Michigan, and Mr. of Georgia. SCHAKOWSKY. EHLERS. H.R. 3543: Mr. MCCOTTER. H.R. 4936: Mr. COHEN and Mrs. BOYDA of H. Res. 339: Mr. PASTOR. H.R. 3552: Mr. MANZULLO. Kansas. H. Res. 373: Mr. DUNCAN and Mr. KENNEDY. H.R. 3646: Mr. MCCAUL of Texas, Mr. H.R. 4987: Mr. BILBRAY, Mr. MANZULLO, Mr. ELLISON, and Mr. PETERSON of Minnesota. ALEXANDER, Mr. MILLER of Florida, Mr. H. Res. 598: Mr. MCCOTTER. H.R. 3652: Mr. MICHAUD. MARCHANT, Mr. ISSA, Mr. MCINTYRE, and Mr. H. Res. 753: Mr. COHEN. CHIFF H.R. 3660: Mr. S . LAMBORN. H. Res. 815: Mr. KUCINICH. H.R. 3714: Mr. PITTS and Mr. KING of Iowa. H.R. 4995: Mr. KLINE of Minnesota, Mr. H. Res. 820: Mr. SHAYS. H.R. 3729: Mr. CAMPBELL of California, Mr. NEUGEBAUER, Mr. PAUL, and Mr. ROYCE. H. Res. 821: Mr. POE. ISSA, and Ms. ZOE LOFGREN of California. H.R. 5031: Mr. LINCOLN DIAZ-BALART of H.R. 3819: Mr. ELLISON and Mr. RODRIGUEZ. H. Res. 848: Mr. TOWNS. Florida, Mr. FORTENBERRY, and Mr. GARRETT H.R. 3846: Ms. WATERS and Mr. STARK. H. Res. 886: Mr. TURNER, Mr. MANZULLO, of New Jersey. H.R. 3865: Mr. FRANK of Massachusetts. Mr. KLINE of Minnesota, Mr. GOHMERT, Mr. H.R. 5036: Mr. THOMPSON of California and H.R. 4001: Mr. RYAN of Ohio. SAM JOHNSON of Texas, Mr. BARTON of Texas, Mr. AL GREEN of Texas. H.R. 4044: Mrs. CUBIN, Mr. BURTON of Indi- Mr. BURGESS, Mr. BOOZMAN, Mr. RYAN of Wis- H.R. 5056: Mr. GUTIERREZ. ana, Mr. FOSSELLA, and Mr. consin, Mr. WILSON of South Carolina, Mr. H.R. 5057: Mr. DANIEL E. LUNGREN of Cali- H.R. 4102: Mr. HINCHEY. BARTLETT of Maryland, Mr. HERGER, and Mr. H.R. 4126: Mr. SAM JOHNSON of Texas and fornia. JORDAN. H.R. 5058: Mr. DEFAZIO. Ms. VELA´ ZQUEZ. H. Res. 888: Mr. POE, Mr. FRANKS of Ari- H.R. 5087: Mr. HOLT, Mr. HILL, Mr. COHEN, H.R. 4133: Mr. MCCOTTER, Mrs. CUBIN, Mr. zona, Mr. NEUGEBAUER, Mr. GOODE, Mr. SAM Mrs. BOYDA of Kansas, Mr. PATRICK MURPHY MCCAUL of Texas, Mr. HAYES, and Mr. JOHNSON of Texas, Mr. BISHOP of Georgia, of Pennsylvania, and Mr. LAMPSON. TIAHRT. Mr. MCCAUL of Texas, Mrs. MYRICK, Mr. H. J. Res. 76: Mr. DEFAZIO. H.R. 4176: Mr. ALTMIRE. BLUNT, Mr. SALI, Mr. SOUDER, Mr. JORDAN, H. Con. Res. 161: Mrs. CHRISTENSEN. H.R. 4188: Mr. LAHOOD. and Mr. BISHOP of Utah. H. Con. Res. 163: Mrs. NAPOLITANO and Mr. H.R. 4204: Mr. WELCH of Vermont, Mr. H. Res. 897: Mr. FORTUN˜ O. MCCAUL of Texas, and Mr. HILL. FORTENBERRY. H. Res. 911: Mr. ISRAEL, Ms. LORETTA H.R. 4206: Mr. PLATTS and Mr. ALLEN. H. Con. Res. 249: Ms. MATSUI and Mr. SANCHEZ of California, Mrs. DAVIS of Cali- H.R. 4248: Mr. WELCH of Vermont. UDALL of New Mexico. fornia, Mrs. GILLIBRAND, Mr. UDALL of Colo- H.R. 4264: Mr. SPRATT. H. Con. Res. 253: Mr. SPRATT. rado, Mr. BRADY of Pennsylvania, Mr. AN- H.R. 4280: Mr. NUNES. H. Con. Res. 255: Mr. FEENEY, Mr. WAXMAN, DREWS, Ms. BORDALLO, Mrs. BOYDA of Kansas, H.R. 4321: Mr. BOOZMAN. Mr. MCHUGH, Mr. BURTON of Indiana, and Mr. H.R. 4454: Mr. CHANDLER. SOUDER. Mr. PERLMUTTER, and Mr. CLEAVER. H.R. 4464: Mr. WAMP, Mr. ALEXANDER, Mr. H. Con. Res. 260: Mr. CONAWAY. H. Res. 925: Mr. BURTON of Indiana, Ms. BARROW, Mr. BILBRAY, and Mr. LATOURETTE. H. Con. Res. 266: Mr. BOUCHER. ROS-LEHTINEN, Mr. MCCOTTER, and Mr. H.R. 4544: Ms. SCHAKOWSKY, Mr. GONZALEZ, H. Con. Res. 267: Mr. KINGSTON. ROHRABACHER. Mr. BAIRD, and Ms. MOORE of Wisconsin. H. Con. Res. 278: Mr. MCCOTTER, Mr. UDALL H. Res. 930: Mr. PETERSON of Pennsylvania, H.R. 4577: Mr. BILBRAY and Mr. ALEXANDER. of Colorado, Mr. CHABOT, Mr. TANCREDO, Mr. Mr. SMITH of Washington, Mr. DAVIS of Ken- H.R. 4611: Mr. PASTOR, Mr. WU, and Ms. CULBERSON, Mr. ROYCE, Mr. ROHRABACHER, tucky, Mr. ROSS, Mr. MCDERMOTT, Mrs. SOLIS. Mr. MACK, Mr. BURTON of Indiana, Mr. MCMORRIS RODGERS, Mrs. CUBIN, Mrs. BOYDA H.R. 4835: Ms. SCHAKOWSKY, Ms. LEE, and ENGEL, Mr. SIRES, Mr. LINDER, Mr. FORTUN˜ O, of Kansas, Mr. MARKEY, Mr. DICKS, and Mr. Mr. OLVER. Ms. BORDALLO, Mr. LINCOLN DIAZ-BALART of GENE GREEN of Texas.

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Vol. 154 WASHINGTON, WEDNESDAY, JANUARY 23, 2008 No. 10 Senate The Senate met at 12 noon and was U.S. SENATE, this legislation. It is critically impor- called to order by the Honorable ROB- PRESIDENT PRO TEMPORE, tant. It is not fair to jam the House. ERT P. CASEY, Jr., a Senator from the Washington, DC, January 23, 2008. Since we have been refused an exten- State of Pennsylvania. To the Senate: sion by the Republicans, we need to Under the provisions of rule I, paragraph 3, finish this legislation now, send it to of the Standing Rules of the Senate, I hereby PRAYER appoint the Honorable ROBERT P. CASEY, Jr., the House, have a conference, and see The Chaplain, Dr. Barry C. Black, of- a Senator from the State of Pennsylvania, to what we can come back with as quickly fered the following prayer: perform the duties of the Chair. as possible. Let us pray. ROBERT C. BYRD, As I indicated, it is not fair to do as Eternal Lord God, the author and fin- President pro tempore. we did last August and send something to the House: Take it or leave it. We isher of our faith, You have done great Mr. CASEY thereupon assumed the are not going to do that. That is why I things for us, filling our hearts with chair as Acting President pro tempore. am not going to wait until next week gladness. Today, make us aware of f to go to this legislation. We have to Your past providences that we shall RECOGNITION OF THE MAJORITY complete it now. There are strong feel- have confidence and courage to face to- LEADER ings on both sides of this issue. As I morrow and all the days and years to The ACTING PRESIDENT pro tem- have indicated on a number of occa- come. sions, I do not support the immunity Remind our lawmakers that they pore. The majority leader is recog- nized. provisions that are in the Intelligence need not fear the challenges of the fu- bill, but it appears that a majority of ture but simply to trust You to order f the Senate does. That being the case, their steps. Direct their desires and SCHEDULE those people who want to amend the talents that their labors will inspire Mr. REID. Mr. President, the Senate Intelligence bill with that information people with faith, hope, love, and perse- and that legislation we have from the verance. May they invest their lives in will be in a period of morning business until 12:30 today, at which time we will Judiciary Committee will offer that. I those enduring values that time and hope they will do it as quickly as pos- circumstances can neither steal nor break for the Democratic caucus. As was indicated yesterday, the Repub- sible. erode. There are a number of other issues licans are having a retreat at the Li- We ask this in the Name of Him who other than immunity. I have spoken to brary of Congress today. When we come promised to supply all our needs. Senator FEINSTEIN. She says she has back at 2:15, the Senate will resume Amen. something dealing with immunity she consideration of the Indian health bill. wants to offer. She wants to offer There were some amendments offered f something with exclusivity. yesterday, some debated yesterday. We There are a number of other things PLEDGE OF ALLEGIANCE could not arrange a vote yesterday. I we need to do. As I have indicated, I do not expect any votes on this bill would hope that if somebody does not The Honorable ROBERT P. CASEY, Jr., this afternoon. I have been in close led the Pledge of Allegiance, as follows: like an amendment, they would move touch with Senator DORGAN. He is try- to table that amendment and not try I pledge allegiance to the Flag of the ing to work this out so we can com- to talk it to death because that being United States of America, and to the Repub- plete this legislation quickly. If there the case, we are going to have to let lic for which it stands, one nation under God, are any amendments that Democratic indivisible, with liberty and justice for all. them talk during the evening. We are Senators have, I hope they would come not going to have a gentlemen’s agree- and offer them today. That way we can f ment on: OK, so you don’t want this to prioritize how we are going to move go forward; we are not going to let it through this bill. APPOINTMENT OF ACTING go forward. We are going to complete Mr. President, as I indicated yester- this legislation as quickly as we can. PRESIDENT PRO TEMPORE day, we are going to, this evening, f The PRESIDING OFFICER. The start on the FISA legislation to com- clerk will please read a communication plete that. We are going to finish that MEASURE PLACED ON THE to the Senate from the President pro legislation this week. That means we CALENDAR—H.R. 4040 tempore (Mr. BYRD). are going to have all day tomorrow and Mr. REID. Mr. President, I have a The assistant legislative clerk read all day Friday and, hopefully, not all matter at the desk that is due for its the following letter: day Saturday. But we need to finish second reading, H.R. 4040.

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

S157

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VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S158 CONGRESSIONAL RECORD — SENATE January 23, 2008 The ACTING PRESIDENT pro tem- sume consideration of S. 1200, which say FDA should work on this issue. The pore. The clerk will report the bill by the clerk will report. Department of Agriculture regulates title. The assistant legislative clerk read meat products. That, too, should be la- The assistant legislative clerk read as follows: beled. as follows: A bill (S. 1200) to amend the Indian Health My labeling bill would insist that A bill (H.R. 4040) to establish consumer Care Improvement Act to revise and extend cloned food be labeled at the wholesale product safety standards and other safety re- that Act. level, the retail level, the restaurant quirements for children’s products and to re- Pending: level, the school lunch level, and the authorize and modernize the Consumer Prod- Bingaman/Thune amendment No. 3894 (to Meals on Wheels level. uct Safety Commission. amendment No. 3899), to amend title XVIII of My bill allows the American public Mr. REID. Mr. President, I object to the Social Security Act to provide for a limi- to make an informed decision. People any further proceedings on this legisla- tation on the charges for contract health have a right to know what they are tion at this time but alert everyone we services provided to Indians by Medicare pro- eating. This is necessary because the are going to try to get to this legisla- viders. FDA and the Department of Agri- Vitter amendment No. 3896 (to amendment tion before this work period ends. We culture have refused to put a label on No. 3899), to modify a section relating to lim- cloned food. My legislation allows for do have a few things to do. It seems the itation on use of funds appropriated to the best laid plans sometimes have to be Service. consumer choice and also, at the same delayed because now we have the stim- Brownback amendment No. 3893 (to amend- time, it would allow for monitoring of ulus package we have to worry about ment No. 3899), to acknowledge a long his- food as it comes into the food supply completing. But this is something I tory of official depredations and ill-con- for postsurveillance to see if there are want to do. Senator PRYOR and others ceived policies by the Federal Government any negative consequences. have worked very hard. So we are regarding Indian tribes and offer an apology Americans find cloned food dis- to all Native Peoples on behalf of the United turbing, and some even repulsive. Close going to move forward as quickly as we States. can. to 80 percent of Americans have said Dorgan amendment No. 3899, in the nature they would not drink cloned milk. The ACTING PRESIDENT pro tem- of a substitute. pore. Objection is heard. Sanders amendment No. 3900 (to amend- There is a ‘‘yuck’’ factor to this tech- The bill will be placed on the cal- ment No. 3899), to provide for payments nology. Right now, under FDA and endar. under subsections (a) through (e) of section USDA provisions, there would be no Mr. REID. Mr. President, I suggest 2604 of the Low-Income Home Energy Assist- way to tell if food comes from a cloned ance Act of 1981. the absence of a quorum. animal or its progeny. I want the pub- lic to be informed, so that is why my The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. The Sen- labeling bill is for their benefit. pore. The clerk will call the roll. ator from Maryland is recognized. Ms. MIKULSKI. Mr. President, I ask The FDA has been most troubling to The assistant legislative clerk pro- me. They made their decision despite ceeded to call the roll. unanimous consent that I be allowed to speak as in morning business for 7 min- two congressional directives—one in Mr. REID. Mr. President, I ask unan- the omnibus bill and one in the farm imous consent that the order for the utes. The PRESIDING OFFICER. Without bill. The omnibus bill, which the Presi- quorum call be rescinded. dent signed on December 26, strongly The ACTING PRESIDENT pro tem- objection, it is so ordered. LABELING CLONED FOOD encouraged FDA to hold off on a pore. Without objection, it is so or- cloning decision before additional stud- dered. Ms. MIKULSKI. Mr. President, I know the Indian health bill is very im- ies were done. On December 14, the f Senate overwhelmingly passed the portant. Senator DORGAN will be com- farm bill that would require the Na- RESERVATION OF LEADER TIME ing to the floor to lead the advocacy of tional Academy to peer-review FDA’s The ACTING PRESIDENT pro tem- its passage, which I support. Mr. President, I come to the floor be- decision. pore. Under the previous order, the Now, this was limited to 1 year. So I cause I want to share some very dis- leadership time is reserved. wasn’t talking about a 20-year longitu- turbing news with you and all of my f dinal study. I do want more science. colleagues. Last week, the FDA gave Second, I am concerned if we dis- MORNING BUSINESS the green light for cloned foods to cover a problem with cloned food after enter our food supply. The ACTING PRESIDENT pro tem- it is in our food supply, and it is not la- The FDA announced food from cloned pore. Under the previous order, there beled, we will not have any way of animals, or their progeny, is safe for will now be a period for the transaction monitoring this. It is labeling that al- human consumption. Despite pleas of morning business until 12:30 p.m., lows us to monitor. from thousands of Americans, and this with Senators permitted to speak for The FDA has been very weak in post- Senator, to wait until there was more up to 10 minutes each. marketing surveillance of drugs. Why science, the FDA went ahead anyway. would they be stronger on cloned food? f Mr. President, I want to be clear. I Who will worry about the ethics? And CONCLUSION OF MORNING am not opposed to cloning that follows where is the urgency? We are not fac- BUSINESS strict scientific and ethical protocols. ing a global shortage of beef and a This Senator has always been on the global shortage of milk. The ACTING PRESIDENT pro tem- side of science for the advancement of I know FDA’s decision on the risk as- pore. Morning business is closed. mankind. This Senator has always sessment is over 900 pages long. Mr. f been on the side of the consumer and President, I have been skeptical of long the consumers’ right to know, right to RECESS reports. I have found that the longer be heard, and their right to be rep- the report, usually the more shallow The ACTING PRESIDENT pro tem- resented. the information. pore. Under the previous order, the So today I come to the floor for a My concerns are grave. I am for more Senate stands in recess until 2:15 p.m. vigorous call to action that my legisla- science, and I have asked for it respon- Thereupon, the Senate, at 12:34 p.m., tion to label cloned food be passed as sibly through the legislative process. I recessed until 2:15 p.m. and reassem- quickly as possible. This is a consumer am going to continue to advocate for bled when called to order by the Pre- alert today and a call for action. more studies on this issue. In the siding Officer (Mr. CARDIN). My bill requires the Government to meantime, I want to protect the con- f label any food that comes from a sumer and also allow scientists to mon- cloned animal or its progeny. Mr. itor this new technology. INDIAN HEALTH CARE IMPROVE- President, my bill requires that the If America doesn’t keep track of this MENT ACT AMENDMENTS OF 2007 FDA and the Department of Agri- from the beginning with labeling, our The PRESIDING OFFICER. Under culture put a label on this cloned food. entire food supply could be contami- the previous order, the Senate will re- The FDA handles milk products. We nated. I am not opposed to cloning. I

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S159 am on the side of science, but let’s tion of international law by possessing During propaganda photo sessions, the label and monitor it. our ship, the U.S. Navy’s ship. Each Yanks dutifully smiled for the Koreans’ cam- The National Academy of Sciences day tourists visit and tour the U.S.S. eras—and flashed ‘‘the bird,’’ that one-finger suggested that we monitor this new salute that Americans know too well but was Pueblo, similar to the way visitors see above the heads of the Communists. technology because it is very new. retired naval ships in New York and But that did not last. When the Reds fig- They urged the Federal Government to San Diego. Americans in particular are ured out what that sign of defiance meant, use diligent postmarket surveillance encouraged to be photographed by the the men of the Pueblo were subjected to mechanisms. That requires labeling. U.S.S. Pueblo. As recently as April 2007, more severe beatings. Mr. President, last week, the EU de- it was reported that President Kim The man who took the worst of the pum- meling was Cmdr. Lloyd Bucher, the Pueb- cided that cloned foods were safe, but Jong Il stated that the Pueblo should lo’s skipper. After each torture session, he’d they also put up a big yellow flashing be used for ‘‘anti-American education.’’ crawl back to his cell—and surreptitiously light. They referred it to their science North Korea’s capture of the U.S.S. give his comrades the high sign. and ethics and new technologies com- Pueblo is in blatant violation of inter- He, and his men, were not to be beaten. mittee. They said there is no ethical national law and the further exploi- It was exactly 11 months after the seizure justification to use cloned food. The when the North Koreans freed their Amer- tation of the Pueblo is tasteless and ican captives. They were allowed to walk one EU called for more scientific study on disingenuous. I believe 40 years of rel- by one across the Demilitarized Zone sepa- cloned food, and they also said it ative silence on this issue is far too rating North and South Korea. should be labeled. long, and it is important that the Sen- While the Pueblo crew was free, their ship Denmark and Norway have already ate take action and denounce the cur- was and still is not. It is being held as a tro- banned cloned food from their food sup- rent situation. phy of war in a river near Pyongyang—a ply. I am worried that they will start The U.S.S. Pueblo bears the name of tourist attraction and propaganda piece for the regime. banning our exports if they are not la- the town of Pueblo, CO, a city with a North Koreans have been forced at times beled. My State depends on the export proud military tradition and is the to eat grass, so poorly is their economy run of food, whether it is seafood, chicken, only city to be home of four living by central planners. But they have ‘‘bread or other products. We want to be able Medal of Honor recipients simulta- and circuses’’ in the form of the American to export our food. neously. In fact, in 1993 Congress intelligence ship which bears this city’s Mr. President, we are going down a name. deemed Pueblo the ‘‘Home of Heroes’’ Many attempts have been made to per- track that I want to be sure is not ir- for this unique distinction. Many in suade the North Koreans to give the ship revocable or irretrievable. The way to our State and all over the country back to its rightful owners. When he was ensure safety in our food supply and want to see the vessel returned to its governor of California, Ronald Reagan urged consumer choice and the ability for proper home. To this end, I am reintro- Washington to bomb North Korea in order to science to continue is monitoring and ducing a resolution seeking the return force the ship’s release. labeling. of the U.S.S. Pueblo to the U.S. Navy. Over the years since, numerous diplomatic I stand here on behalf of the con- moves have been tried. Recently, at the be- This bill is cosponsored by my good hest of Colorado’s U.S. Sen. Wayne Allard, a sumer to say, please, let’s pass this la- friend and proud veteran, Senator DAN- Korean battle flag on display at the U.S. beling bill. It is needed, it is respon- IEL INOUYE, and I encourage all of our Naval Academy was returned to the Hermit sible, and it will be effective. I think it colleagues on both sides of the aisle to Kingdom as a sign of this nation’s goodwill. will save us a lot of ‘‘yuck’’ in the fu- support this legislation and see to it That and all other overtures have thus far ture. that the U.S.S. Pueblo is returned to been fruitless. But this incident of four dec- ades ago remains an ugly scar on the history I yield the floor. the U.S. Navy. The PRESIDING OFFICER. The Sen- of this nation, one which cannot be allowed Mr. President I ask unanimous con- to continue to fester. ator from Colorado is recognized. sent to have printed in the RECORD an We realize that with the War on Terrorism Mr. ALLARD. Mr. President, I ask editorial that appeared in the Pueblo in Iraq, Afghanistan and elsewhere across unanimous consent that I be allowed to Chieftain today regarding the anniver- the globe, there are other pressing inter- speak as in morning business. sary. national security issues. But if this nation The PRESIDING OFFICER. Without As that editorial says, ‘‘Mr. Presi- were to show the world its resolve by getting objection, it is so ordered. dent, bring back the U.S.S. Pueblo.’’ the USS Pueblo back, by whatever means, U.S.S. ‘‘PUEBLO’’—40TH ANNIVERSARY we would show those who think they can There being no objection, the mate- bring us to our knees that we are not to be Mr. ALLARD. Mr. President, I rise rial was ordered to be printed in the cowed. now, 40 years since the North Korean RECORD, as follows: Mr. President, bring back the USS Pueblo. government unlawfully captured the [From the Pueblo Chieftain, Jan. 23, 2008] The PRESIDING OFFICER. The Sen- lightly armed U.S.S. Pueblo while it INFAMY ator from North Dakota is recognized. was on a routine surveillance mission Today marks the 40th anniversary of what THE ECONOMY in international waters. The U.S.S for Puebloans is a day that shall live in in- Mr. DORGAN. Mr. President, when I Pueblo was the first ship of the U.S. famy. On Jan. 23, 1968, naval and air forces of am completed talking about the econ- Navy to be hijacked on the high seas North Korea attacked and took hostage the omy, we will return to the Indian af- by a foreign military force in more USS Pueblo and its crew. The Pueblo was a Navy intelligence ship fairs business and debate the bill on than 150 years, and is currently the the floor. If there are those who wish only commissioned U.S. naval vessel operating in international waters. Despite that, the Stalinist regime in Pyongyang de- to offer amendments, I certainly hope that is in the possession of a foreign cided on a bold course of action and sent pa- we can bring them to the floor and de- nation. Forty years ago today, 83 crew trol boats and MiG fighters to harass the bate them and vote on them. members were kidnapped and 1 sailor lightly armed U.S. vessel. As I mentioned, I would like to talk was killed in the assault. Following the This was during the height of the Vietnam for a moment about the economy. capture, our men were held in deplor- War, and the North Koreans correctly fig- There is the 24/7 news hour all across able, inhumane conditions for more ured that American military brass weren’t this country talking about what is hap- than 11 months before being released. focused on the American spy ship’s mission. They were right. pening: What on Earth is going on in While we were grateful to see the re- Armed only with one .50-caliber machine this country’s economy? What is hap- turn of our brave sailors, 40 years later gun, the Pueblo crew tried to fend off the ad- pening in the stock market, which is we are still waiting for the return of vancing Communist forces, to no avail. One moving up and down like a yo-yo—not the U.S.S. Pueblo. crewman was killed while comrades tried to so much up anymore but down substan- The U.S.S. Pueblo remains a commis- destroy as much equipment and paperwork tially in recent weeks and months. sioned naval ship and property of the as possible. So what is happening? There are U.S. Navy. Currently, the North Ko- But the die was cast. The North Koreans many pieces of evidence to suggest this rean government flaunts the Pueblo as boarded the Pueblo and took the rest of the economy is in very big trouble, includ- crew hostage. a war trophy and a tourist attraction For the next 11 months, the crew was sub- ing a substantial reduction in the in Pyongyang, North Korea’s capital. jected to cruel and inhumane treatment at stock market, an increase in unem- We must not continue to remain silent the hands of their captors. But the American ployment, and a dramatic drop in hous- about North Korea’s continued viola- spirit was not to be tamed. ing starts. As a result of all of that,

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S160 CONGRESSIONAL RECORD — SENATE January 23, 2008 there has been frenzied activity, both the trade deficit and then ask yourself, you have to pay every month on top of at the White House and in the Con- if you were looking from the outside that. gress, to talk about something called a into this country, do you think this is Here is what was going on. This was stimulus package. We need to do a fis- off track, the fundamentals are out of an advertisement on television: cal stimulus package. line? Do you think they have to be Do you have bad credit? Do you have trou- In fact, the President announced a fixed? The answer is yes. We have very ble getting a loan? You’ve been missing pay- stimulus package of $145 billion to $150 serious abiding problems. You add to ments on your home loan? Filed for bank- billion. That is a stimulus package of that an unbelievably inept fiscal policy ruptcy? Doesn’t matter. Come to us. We’ve about 1 percent of our gross domestic hemorrhaging in red ink and is way off got financing available for you. product in this country. track. We have all heard these ads and prob- Yesterday, the Federal Reserve By the way, it is not just the normal ably scratched our heads and wondered: Board took action in monetary policy budgetary Presidential requests and How on Earth can this happen? The to cut a key interest rate by 75 basis congressional actions on spending and fact is, it can. points. That was a significant and ag- taxing. The President, in the last year, I will give an example. The biggest gressive move by the Federal Reserve sent to the Congress, in addition to mortgage lender is Countrywide, which Board. This Congress and this Presi- outside-the-budget system, he said: I now is being purchased by Bank of dent will want to make some aggres- want you to appropriate money for me, America, apparently. The CEO of Coun- sive moves with a stimulus package $196 billion—that, by the way, is $16 trywide, Mr. Mozilo, made off now with that are complementary to what has billion a month, $4 billion a week—and hundreds of millions of dollars. They been done in monetary policy. I don’t want any of it paid for; I want had brokers cold-calling people saying: I make this point that is very impor- it added to the debt because I want it We want to put you in a subprime loan. tant: If that is what we do, and all that for Iraq, Afghanistan, and other activi- Then they sold these subprime loans. we do, we fundamentally misunder- ties with respect to the war. That They packaged these subprime loans stand what is wrong. I think most of takes us to over two-thirds of a trillion with other good loans. They were en- the American people understand what dollars this President has asked for, ticing people into these loans at teaser is wrong. Certainly, most of the people none of it paid for. We will send our interest rates that were going to reset around the world who look at this soldiers to war, but we will not do any- in ways people could not afford to pay. country understand we have gone off thing that requires any effort on our Then they decided, just as in the old the track. If we don’t fix our trade pol- part to begin to pay for it. We will send days when the discussion was about icy and fiscal policy, and if we don’t fix soldiers to war and say: Come back and meat-packing plants and they put sau- things that need regulating that have you pay for it later. sage and sawdust together—when you largely been outside of the view of reg- In addition to a fiscal policy that make sausage, you need a filler. So ulators, we are going to continue to be just does not work, we are now engaged they put sawdust in sausage. These in very big trouble. Let me go through in a war in which we borrow the companies that were hawking these just a couple of these items. money. Even as we borrow the money loans decided to put good loans with We have the largest trade deficit in for the war, we have a President who bad loans, subprime with other loans, human history. Every single day, 7 says: I want more permanent tax cuts, and then mix them all up like a big-old days a week, we import $2 billion more mostly for the wealthy. It is not a se- sausage, and they would slice them up, than we export. That means every sin- cret. Everyone sees what is going on— securitize them, and sell them. gle day we add another $2 billion to the everyone, apparently, except those in Who wanted to buy them? The rating indebtedness of this country. That is the White House and those in the Con- agencies were sitting there dead from over $700 billion a year. We are hem- gress. the neck up: This looks OK. We don’t orrhaging in red ink. We have to fix it. We have to fix the fundamentals, and understand it, but it looks good to us. Warren Buffett, a remarkably success- if we do not, there isn’t any amount of Hedge funds were saying: I like these ful investor in this country, said it fiscal policy stimulus or any amount of new pieces of financial sausage because quite clearly: This is unsustainable, activity by the Federal Reserve Board they are sliced up in a way that has a this cannot continue. that is going to set this straight. It big yield. Why a big yield? Because The fact is, the President and the just is not. they had prepayment penalties for the Congress act as if nothing is wrong. We You add to that inept trade policy loans, loans that would reset to much have the most unbelievably inept trade and the hemorrhaging of red ink on fis- higher interest rates that people policy in the history of humankind—$2 cal policy that is reckless and out of couldn’t make. This new piece of finan- billion a day we import more than we control these issues: regulators who cial sausage shows a very high yield. export. That means we are putting dol- really do not care. They come to the So the hedge funds, liking high yields lars that we pay for those goods in the body of regulatory responsibility brag- and liking big money, are buying all hands of foreigners, and they are com- ging that they don’t like government. these securitized loans, and then all of ing back to buy part of America. We What happens? We have what is called a sudden, it goes belly up. And we won- are literally selling part of this coun- a subprime lending crisis. What does der why. It is because people were ad- try. But the fact is, you cannot hemor- that mean? What it means is no one vertising on television: You have bad rhage in red ink like that for any great was watching and no one cared very credit? Have you filed for bankruptcy? length of time without having signifi- much, and what we had was an orgy of Come to us; we want to give you a loan. cant consequences. It is what under- greed with respect to an industry that Then they package this up in an irre- mines your currency. It undermines is essential to this country—that is, sponsible way. confidence in your economy. providing loans so people can buy One might ask the question: How You add to that $700 billion-plus a homes. could that all have happened? Weren’t year trade deficit a fiscal policy that is We had a bunch of highfliers decide: there some regulators around? No, no. reckless and ill-considered. It is as if What we really want to do is to sell The regulators were first ignoring we think people cannot see. It is like a you a loan, and we want to put you in them and then actually giving them a drunk who thinks they are invisible. a new home. To do that, we will give boost. Alan Greenspan now stands The fact is, we have an unbelievable you rates that you will not even be- around scratching his head thinking: fiscal policy deficit. They say: Well, it lieve. We will give you a home loan at What on Earth happened? It happened is $200 billion, $300 billion. Nonsense. a 2-percent interest rate—2 percent. We on your watch, my friend. The Federal Take a look at what we have to borrow will quote the payment. That looks Reserve Board did nothing. In fact, for fiscal policy every year. The reason good, a 2-percent interest rate. What part of this housing bubble that oc- they show the lower deficit is because they don’t tell you is the interest rate curred was part of the air that comes they are misusing the Social Security is going to reset in 3 years, it is going from these unbelievable subprime loans revenues. Take a look at the real def- to reset way up, and then you will not that boosted that bubble. Again, War- icit. It is likely to be over half a tril- be able to make the payments, or they ren Buffett said: Every bubble will lion dollars this year. You add that to do not tell you there also is an escrow burst. And this one did. It shouldn’t

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S161 have surprised us. But regulators sat for regulation of hedge funds. I have opportunity for this country, but the by and said: That doesn’t matter. spoken on this floor many times about right things will include much more Did anybody care about those bro- the issue of derivatives and the total than a stimulus package. kers placing a $1 million jumbo aggregate notional value of derivatives Mr. President, I would like, in con- subprime loan, making a $30,000 com- and its potential consequence to the cluding my portion of morning busi- mission on that loan? Did anybody say: economy in a downturn. ness, I would like to talk about the un- Wait a second, what you are doing is A friend told me there is a saying on derlying bill on the floor of the Senate, misleading the folks who are going to Wall Street that you will never know that is the Indian Health Care Im- borrow the money; you can’t do that. who is swimming naked until the tide provement Act. Did anybody say to the rating agen- goes out, and then it might not be very I spoke yesterday at some length, but cies: You can’t be rating as top-grade attractive. When the tide goes out with I wish to again talk a little bit about securities this sausage with sawdust, respect to this economy’s difficulties why we are here and what all this these financial instruments that have and we evaluate who in the hedge means because I think it is so impor- stuck together bad loans with good funds, in the investment banks, who in tant. Some might say: Well, why is loans; you can’t do that. Did anybody all of these enterprises is left who can- there an Indian Health Care Improve- say to the hedge funds: You are buying not pay the bills because they were so ment Act? Why not a Norwegian or a a pig in a poke here; you are buying unbelievably leveraged in financial in- Lutheran Health Care Improvement something you think is high yield, but terests most Americans have never Act? you know better than that. What hap- heard of, credit default swaps, what are The Indian Health Care Improvement pened was all of this went out over the the consequences to our country’s Act is designed that way, with that transom, and nobody even knows where economy? name, for a very specific reason. This it is or how much it is. Now they can’t If this does not sober up our Govern- country, for a long period of time, told untangle it to find out where all these ment on trade policy and fiscal policy American Indians: Look, we are going subprime loans exist. Nobody knows. and regulatory requirements with re- to take your land, we are going to force The next time somebody talks about spect to hedge funds and derivatives, you to a reservation someplace, and we regulation, understand, sometimes reg- then nothing will. If this does not alert will write a treaty for you. Our treaty ulation is very important. The danger all of us that we are no longer oper- is going to tell you we are going to to this economy, as a result of the ating behind a screen somehow—the take care of your health care. We are subprime scandal, is very significant. world sees what is happening when going to meet our obligation. We have It is having consequences all across there is a subprime loan scandal, the a trust responsibility for you. this country. You add this subprime world understands it, and its con- So we will take your land, we will scandal and its consequences to a fiscal sequences are felt all across this coun- move you off to reservations, but, trust policy that is reckless, to a trade pol- try and all across the globe. us, we are going to provide for your icy that is inept, and then add this I understand we are going to do health care because that is our trust final factor: We have a circumstance something called a stimulus package. responsibility. Chief Joseph from the where a gambler goes into a casino in We have a roughly $13 trillion-plus Nez Perce Tribe said: Las Vegas and, in most cases, the sum economy. We are going to do a stim- Good words do not last unless they amount total of what they will lose is the ulus package probably of $140 billion, to something. Words do not pay for dead peo- money they have carried into the ca- $150 billion—1 percent of our economy. ple. Good words cannot give me back my sino—that is the risk of loss. I understand the Federal Reserve has children. Good words will not give my people Here is the other fact about what is taken substantial action, 75 basis good health and stop them from dying. happening in our economy that nobody points yesterday. That is a big deal for He was concerned long ago about the wants to talk about. We have hedge the Fed, and I understand why. It is to inability of this country to keep its funds—yes, they are called hedge funds, try to calm the nerves and say this word on these trust responsibilities. We mostly unregulated—to the tune of country stands behind its economy, are here today because, finally, back in about $1.2 trillion. Some would say and we should. I believe in this coun- the early 1970s, President Nixon, Presi- that is not so much, $1.2 trillion. There try’s economy. This engine of oppor- dent Ford, and every President suc- is $9 trillion of mutual funds. There is tunity and engine of growth is unusual ceeding them understood we have a something like $40 trillion of the total in the world. On this planet, we circle trust responsibility for Indian health aggregate value of stocks and bonds. the Sun, and there are about 6.4 billion care. That is a fact. So $1.2 trillion in hedge funds, that is neighbors, half who live on less than $2 In 1970, President Nixon noted we had not so much, except one-half of all the a day and half who have never made a 30 licensed Native American physicians trading on the New York Stock Ex- telephone call, and we have the oppor- in all our country. Thirty. And we cre- change is done by those hedge funds. tunity to live in this country. This is a ated back then a self-determination And those hedge funds have created, wonderful place. We have built some- policy. In 1976, President Ford signed among other things, derivatives. There thing unusual on this planet, but we into law the Indian Health Care Im- was something like a notional value of have run into difficulty. No one seems provement Act. That is what we dis- $26 trillion in credit default swaps at to want to admit it, and we have to fix cuss today on the floor of the Senate. the end of 2006. the fundamentals. Yes, we can do stim- I spoke yesterday, and I wish to It sounds very much like a foreign ulative packages, but if we don’t fix again briefly about the challenge. I language when I say it, but the product the fundamentals, we will not solve the have held a lot of listening sessions on everyone is worried about at the mo- problems for the future, we will not ex- Indian reservations, and, frankly, the ment is something called credit default pand opportunity for the future. challenges we face are daunting. swaps, trillions of dollars of credit de- There is so much to say and so much Indian reservations see unbelievable fault derivatives—fancy financial in- to be concerned about, but there is so health challenges. On a good many res- struments, much fancier than sausage much hope for the future if—if—we un- ervations, you will find one-half of the with sawdust but in many ways the derstand that a stimulus package is adult population who are suffering same thing. The interesting thing not our only responsibility. We have to from diabetes. On the northern Great about these hedge funds is the dra- fix trade and fiscal policy, and regu- Plains, the rate of death from suicide matic amounts of borrowing, so they latory responsibility. We need to begin among teenagers on Indian reserva- are not going to lose just what they go regulating hedge funds and be con- tions is not double or triple, not 5 into the casino with in their pocket cerned about the notional value of de- times the national average, but 10 money. They are so heavily leveraged rivatives. If we do not start doing that, times the national average of teen sui- and so deep in credit default swaps that we are not going to fix this issue, and cide. this could have significant con- we are not going to have a better fu- I have held hearings about that. I sequences for our economy. ture. have sat down with Indian teenagers on I and others have spoken on this I feel very strongly, if we do what is an Indian reservation, no other adults floor for several years about the need right, that we can provide substantial present, to say: What is going on in

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S162 CONGRESSIONAL RECORD — SENATE January 23, 2008 your lives? What is happening? What is ined their credit rating. This is an ex- responsibility for their health care, and causing those clusters of suicides? ample of what is happening over and we provide it. There are so many problems of diabetes over. It is happening today, on Wednes- We also have a responsibility because and suicide and so many other issues day. we promised and made a solemn trust on reservations, dealing with health Yesterday, I spoke about a beautiful oath to provide health care for Amer- care. Part of it is because this system young woman named Ta’shon Rain ican Indians. We even signed that into is so dramatically underfunded. Littlelight. I was on the Crow Reserva- treaty after treaty. Now, all these I wish to mention Ardel Hale Baker. tion in Montana. And Ta’shon Rain years later, I find we are spending Ardel Hale Baker is a woman on an In- Littlelight’s grandmother stood up at a twice as much per person to provide dian reservation who allowed me to use meeting on health care. And this little health care for incarcerated Federal her photograph. Ardel Hale Baker was 5-year-old girl, with the bright eyes prisoners as we are to provide health having a heart attack, diagnosed as a and the beautiful traditional dress, care for American Indians. heart attack at a clinic. She didn’t loved to dance at age 5. And she appar- That is why Ta’shon Rain Littlelight want them to call an ambulance. The ently was a good dancer. loses her life or at least does not have nearest hospital was an hour and a Ta’shon Rain Littlelight is dead. She the kind of care and diagnosis we half, hour and three-quarters away. lived the last 3 months of her life in would expect for ourselves or our fami- She was lucky she got to the clinic unmedicated pain. This little girl was lies or other Americans. That is why when it was opened because the clinic, taken again and again and again and we have to fix it. I believe, is open from 9 o’clock until 5 again to the Indian health clinic. And So having said all that I—I am sorry o’clock or 4 o’clock, with an hour she was treated for depression. Depres- to go through it again—but I feel so closed for lunch hour. It is not open on sion. strongly that this Congress has to take weekends, but that is the health care At one of the visits, her grandparents responsibility. Having said all that, on that reservation. said: Well, she has a bulbous condition there is much we can do. We have put But she went there when the clinic on her toes and her fingers which sug- together a piece of legislation that is 10 was open. She was diagnosed as having gests maybe she is not getting oxygen years too late. Ten years this Congress a heart attack. She did not want them or something else is wrong, can you has delayed in reauthorizing this bill. to call an ambulance because she knew check? Treated her for depression. Finally, we are on the floor of the that if the ambulance was not paid for One day she was airlifted to Billings, Senate to reauthorize this bill. This by the Indian Health Service, she did MT, to the hospital. In arriving at the legislation is not perfect. It is a step not have any money and it would ruin hospital in Billings, MT, she was very forward, a step in the right direction. her credit, because they would come quickly then airlifted to the Children’s One of my colleagues will come and after her. Hospital in Denver, CO, and diagnosed say: I demand reform. Well, he cannot So they said: No matter what you with terminal cancer. demand it more than I demand it. But want, you are getting an ambulance. Now Ta’shon Rain Littlelight was a if you cannot get the first step done, They put her in an ambulance, drove 5-year-old child. She would not have how are you going to talk about reform her about an hour and three-quarters known the challenges of this issue of 10 years after this should have been to the nearest hospital. As they un- Indian health care. When diagnosed done? loaded this woman from the ambulance with a terminal illness, she told her I am looking for amendments that gurney to a hospital gurney to pull her mother what she wanted to do was to can be brought to the floor that can into the emergency room, they discov- go see Cinderella’s castle. And the strengthen this. I am for those amend- ered a piece of paper attached to her Make-A-Wish Foundation folks made ments. As soon as this passes, our com- thigh with a piece of tape. mittee is going to immediately begin a I want to show you the paper that that happen. A few weeks later, she was in Or- much broader reform of Indian health was attached to the thigh of Ardel Hale Baker as she was being wheeled into a lando, FL. The night before she was to care. But first and foremost, we have to hospital with a diagnosis of a heart at- see Cinderella’s castle, in the hotel move forward. We expand cancer diag- tack. This is from the U.S. Department room, in her mother’s arms, she died. And Ta’shon Rain Littlelight told nosis and treatments, we expand the of Health and Human Services. It is a letter attached to this woman’s leg her mother that night before she died: opportunities for dialysis, we expand with masking tape. It says on the let- Mommy, I will try to get better. the opportunity for diabetes programs, ter that: You should understand that Mommy, I am sorry I am sick. we expand the opportunities to recruit you have received outpatient medical This little girl lived in unmedicated doctors and nurses on Indian reserva- services from your doctor at so and so. pain with an undiagnosed illness for tions. We do a lot of things in this bill And this letter is to inform you that many months. Would that have hap- that advance the interests of Indian your priority one care cannot be paid pened in our families? Would it? health care. for at this time, due to funding issues. A woman goes to a doctor on an In- It is not all I would like to do, but it What they were saying is, as they dian reservation, with so much pain in is a significant step forward, that will wheeled this Indian woman into the her leg because her knee is bone-on- improve the lives of people who today emergency room, they were saying to bone, unbelievable pain. And she is are not getting what was expected and the hospital: Understand this. That told: Wrap it in cabbage leaves for 4 what was promised by this country. whatever care you give her is not going days and it will be fine. This country has a responsibility to to be paid for, because we are out of The doctor who subsequently treated meet this, and I am determined, some- contract health care funds. her off the reservation said it was un- how, someway, we are going to meet it. On that reservation, everyone knows believable. This is the woman who had It appears, toward the end of this the refrain: Do not get sick after June a knee condition with such unbeliev- afternoon, the majority leader has in- because they are out of contract health able pain that any of us or our families dicated we have to go to the Foreign care funds. What does this do? Well, if would immediately have wanted to Intelligence Surveillance Act, because they treat this woman, then they have have a new knee, a replacement. But we have a February 1 deadline on that. a bill that they go after this woman on. she was told to wrap it in cabbage We likely will not get this bill done by She does not have the ability to pay it. leaves for 4 days and it will be okay. the end of this afternoon. We will then So it ruins her credit rating quickly, Now, if I sound angry about what is turn to FISA and work on FISA, I be- just like that. I cannot tell you the going on, I am. Because this country lieve, perhaps today, tomorrow, per- number of adults I have run into on has a responsibility to do better. We haps Friday and Saturday, according these reservations who have had their have a responsibility for health care to the majority leader. credit ratings ruined because contract for two special groups of people. One, But when the Foreign Intelligence health care would not pay for health Federal prisoners whom we send, incar- Surveillance Act is completed, the ma- care. cerated, to Federal prisons because jority leader told our caucus a bit ago, They did not have the money. They they have committed crimes. When then we will pull this back on the floor were treated anyway, but then it ru- they are in a Federal prison, it is our and finish this piece of legislation.

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S163 So I ask my colleagues to come to who say we are dealing with an anti- to continue those actions. Some of us the floor with amendments. Let us de- quated law, we have updated this act saw it for what it was and voted bate amendments, talk through amend- many times, probably 30 or more times against it. Both Senators from ments, improve this bill, if we can. But since its historic passage after intel- Vermont voted against it. We are from most importantly, let us get to the ligence abuses of earlier decades. a State that borders a foreign country. end, get it passed and have a con- I came here 34 years ago. I well re- We are concerned about our security, ference with the House and, finally, member that this Nation was still reel- but we are also concerned about our after 10 long years, send this to the ing from the excesses of the liberties and our privacy. President for signature. COINTELPRO when people were being We did manage to include 6-month I yield the floor and suggest the ab- spied on by their Government simply sunset in the Protect America Act so sence of a quorum. because they disagreed with what the we would have a chance to revisit this The PRESIDING OFFICER. The Government was doing; in this case, matter and do it right. The Senate Ju- clerk will call the roll. the war in Vietnam. We enacted FISA diciary Committee and the Intelligence The bill clerk proceeded to call the so we could do the legitimate thing of Committee, as well as our House coun- roll. actually spying on people who wanted terparts, have spent the past month Mr. DORGAN. Mr. President, I ask to do harm to the United States at the considering changes. In the Senate Ju- unanimous consent that the order for time of the Cold War, when we had ad- diciary Committee we held open hear- the quorum call be rescinded. versaries all over the world. We also ings. We had more briefings than I can The PRESIDING OFFICER. Without wanted to make sure that Americans even count and meetings with the ad- objection, it is so ordered. who were minding their own business, ministration, with people in the intel- Mr. DORGAN. Mr. President, we are not doing anything illegal, wouldn’t be ligence service, with people at the CIA, attempting, with the two cloakrooms, spied upon. NSA, and others. We considered legisla- to notify offices of Senators that we We rushed the so-called Protect tive language in a number of open busi- would like very much to find a way to America Act through the Senate just ness meetings where Senators from get a list of the amendments that are before the August recess and with it across the political spectrum could be intended to be offered. were a number of excesses. They came heard. Then we reported a good bill to So if there are Senators who have about because the administration the Senate before Thanksgiving. amendments to this bill they intend to broke agreements it had reached with The bill we are now considering will offer, we hope they would notify their congressional leaders. The bill was hur- permit the Government, while tar- cloakrooms so we can put a list to- riedly passed under intense partisan geting overseas, to review more Ameri- gether. We would like to make some pressure from the administration. In cans’ communications with less court progress. I do know the Republicans fact, the pressure was so strong, they supervision than ever before. I support have an issues conference this after- made it very clear why they were will- surveillance of those who might do us noon, or perhaps all day. But I know ing to break agreements with those Re- harm, but we also have to protect they are now at an issues conference, I publicans and Democrats who had been Americans’ liberties. Attorney General believe at a location on Capitol Hill. So working together to try to craft a bill Mukasey said at his nomination hear- I expect this bill will be carried over. that would protect America’s interests ing that ‘‘protecting civil liberties, and But if we can have some amendments but also protect the privacy of indi- people’s confidence that those liberties offered this afternoon, still we can de- vidual Americans. are protected, is a part of protecting bate these amendments, I would like to So we passed a bill that provides national security.’’ Let me repeat what ask Senate offices if they have amend- sweeping new powers to the Govern- the new Attorney General said: ments, notify the cloakrooms so we ment to engage in surveillance, with- Protecting civil liberties, and people’s con- can put them on a list and have some out a warrant, of international calls to fidence that those liberties are protected, is notion of what we need to do in order and from the United States involving a part of protecting national security. to get this bill completed. Americans, and it provided no mean- I agree with him. That is what the My understanding is the Senator ingful protection for the privacy and Judiciary Committee bill does. I com- from Vermont wishes to speak in civil liberties of the Americans who mend the House of Representatives for morning business. were on those calls. It could be an passing a bill, the RESTORE Act, that The PRESIDING OFFICER (Mr. American calling a member of their takes a balanced approach to these SANDERS). The Senator from Vermont. family studying overseas. It could be a issues and allows the intelligence com- Mr. LEAHY. Mr. President, I ask business person who, as they travel munity great flexibility to conduct unanimous consent to continue for around to various companies they rep- surveillance of overseas targets but what will be a relatively short while as resent, ends up having their telephone also provides oversight and protection in morning business. calls intercepted. for Americans’ civil liberties. The Sen- The PRESIDING OFFICER. Without But before that flawed bill passed— ate Select Committee on Intelligence objection, it is so ordered. the one that came about because of the has also worked hard. I know Chairman FOREIGN INTELLIGENCE SURVEILLANCE broken agreements by the administra- ROCKEFELLER was as disappointed as I Mr. LEAHY. Mr. President, the Sen- tion—Senator ROCKEFELLER and I and at the administration’s partisan ma- ator from North Dakota is absolutely several others in the House and Senate neuvering just before the August re- right. Having managed a number of worked hard, in good faith with the ad- cess. After being here through six ad- bills, I know that sometimes it is hard ministration, to craft legislation that ministrations, it has always been my to get people with amendments to solved an identified problem but, as I experience, with Republican or Demo- come forth. I hope they do. Once this said, protected America’s privacy and cratic administrations at certain bill is finished, we will go to the For- liberties. points, when you are negotiating a key eign Intelligence Surveillance Act or, Just before the August recess the ad- piece of legislation with the adminis- as we know it here, FISA. It is in- ministration decided instead to ram tration, you have to rely on them to tended to protect both our national se- through its version of the Protect keep their word and be honest with curity and also the privacy and civil America Act with excessive grants of you, as they have to rely on you to liberties of all Americans. We are con- Government authority and without any keep your word and be honest with sidering amendments to that impor- accountability or checks and balances. them. Through six administrations, 34 tant act that will provide new flexi- They did this after 6 years of breaking years, I can never remember a time bility to our intelligence community. the law through secret warrantless where an administration was less We all support surveillance authority. wiretapping programs. It was one of truthful or flatly broke their word in With terrorists plotting against us and the most egregious things I have seen the way this one did. talking about it, we want to be able to in my 34 years in the Senate. First I commended the efforts of Senator use all the various electronic and other they violate the law, and then instead ROCKEFELLER and those working with means to find out what they are say- of being held accountable, they ram him. I do so again now. I believe both ing. Unlike some in the administration through a law designed to allow them he and I want surveillance but we want

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S164 CONGRESSIONAL RECORD — SENATE January 23, 2008 surveillance with oversight and ac- The Judiciary bill would prevent that ried about the telephone companies. countability within the law. I also dangerous contention with strong lan- They are not as concerned about the want to praise our joint members. In guage that reaffirms that the Foreign telephone companies as they are about the Judiciary Committee we have, by Intelligence Surveillance Act is the ex- insulating themselves from account- practice, a certain number of members clusive means for conducting elec- ability. who serve on both Judiciary and Intel- tronic surveillance for foreign intel- This is an administration that does ligence for obvious reasons. The rank- ligence purposes. not want us to ask them anything, and ing member of Judiciary and I, of The Judiciary Committee’s amend- they do not want to tell us anything. course, have access to a great deal of ment would also provide a more mean- Interesting policy. If you do ask them, intelligence whenever we have re- ingful role for the FISA court to over- they are not going to tell you. If they quested it, but that is on an ongoing see this new surveillance authority. do tell you, it appears oftentimes they basis. The FISA court is a critical inde- do not tell you the truth. Senators FEINSTEIN, FEINGOLD, and pendent check on Government excess Now, the rule of law is fundamental WHITEHOUSE contributed so much to in the sensitive area of electronic sur- to our system. It has helped us main- the work of the Judiciary Committee. veillance. The administration claims tain the greatest democracy we have They worked with me to author many that of course the Foreign Intelligence ever seen in our lifetimes. But in con- of the additional protections we adopt- Surveillance court can look at what ducting warrantless surveillance, the ed and reported. They had worked on they are doing, they just don’t want administration showed flagrant dis- the bill in the Intelligence Committee the court to be able to do anything respect for the rule of law. It is like the and then worked with us. These Sen- about it. No. The Judiciary Committee King of France, who once said: ators and others on the Judiciary Com- says the court should be able to look at ‘‘L’Etat, c’est moi.’’ ‘‘The state is me.’’ mittee worked hard to craft amend- what they are doing and should be able They are saying: What we want to do is ments that will preserve the basic to stop them if they are breaking the what we will do. And if we want to do structure and authority proposed in law. In this Nation we fought a revolu- it, the law is irrelevant. the bill reported by the Select Com- tion over 200 years ago to have that I cannot accept that. mittee on Intelligence, but then they right. The administration relied on legal added those crucial protections for With the authority of a majority of opinions that were prepared in secret Americans, the part the Judiciary the Judiciary Committee members, I and shown only to a tiny group of like- Committee, because of our oversight of am going to offer a revised version of minded officials who made sure they courts, worries about. the Committee’s amendment that got the advice they wanted—advice I believe we need to do more than the makes some changes to address tech- that, when it saw the light of day, peo- bill initially reported by the Senate nical issues and also to address some of ple said: How could anybody possibly Select Committee on Intelligence does the claims the administration has write a legal memorandum like that? to protect the rights of Americans. I made about our substitute. Jack Goldsmith, who came in briefly know the chairman of that committee For example, in response to concerns to head the Justice Department’s Of- joins with me to support many of the raised by the administration in its fice of Legal Counsel, described the Judiciary Committee’s improvements. Statement of Administration Policy, program as a ‘‘legal mess.’’ He is a con- Let me cite briefly what they are. we have revised the exclusivity provi- servative Republican. He looked at this The Judiciary bill, for example, makes sion to ensure that we are not overex- and said: It is a legal mess. Now, the clear that the Government cannot tending the scope of FISA. We have administration does not want a court claim authority to operate outside the also revised the provision concerning to get a chance to look at this legal law outside of FISA—by alluding to stay of decisions of the FISA Court mess. Retroactive immunity would as- other legislative measures never in- pending appeal, the provision clari- sure that they get their wish and that tended to provide that authority. fying that the bill does not permit bulk nobody could ask how and why they I will give you an example of what collection of communications into or broke the law. happened. The House and the Senate out of the United States, and a few Frankly, I do not believe anybody is passed an authorization for the use of other provisions. above the law. I do not believe a Presi- military force. We did this right after I believe these revisions make the dent is, I do not believe a Senator is, I September 11. It was authorization to Judiciary Committee’s product even do not believe anybody is. go in and capture Osama bin Laden— stronger, and I urge my colleagues to I do not believe that Congress can or the man who engineered 9/11, is still support it. should seek to take rights and legal loose, and taunts us periodically. But Now, in the bill we have a title I, a claims from those already harmed. I what happened? The administration title II. Title II in the Intelligence bill support the efforts of Senators SPEC- was so hellbent on getting into Iraq talks about retroactive immunity. We TER and WHITEHOUSE to use the legal that when they had Osama bin Laden do not address that in the Judiciary concept of substitution to place the cornered, they withdrew their forces Committee’s bill, but I do strongly op- Government in the shoes of the private and let him get away so they could in- pose the bill reported by the Senate Se- defendants who acted at its behest and vade Iraq—a country that had abso- lect Committee on Intelligence in that to let it assume full responsibility for lutely nothing to do with 9/11. Now area. Their bill would grant blanket the illegal conduct. they say that authorization allowed retroactive immunity to telecommuni- Although my preference, of course, is them to wiretap Americans without a cations carriers for their warrantless to allow the lawsuits to go forward as warrant. I have heard some strange, surveillance activities from 2001 they are, I believe the substitution al- convoluted, cockamamie arguments through earlier this year. This surveil- ternative is effective. It is far pref- before in my life. This one takes the lance was contrary to FISA and vio- erable to retroactive immunity, and it cake. lated the privacy rights of Americans. allows this country to find out what I introduced a resolution on this in The administration violated FISA for happened. the last Congress when we first heard more than 5 years. They got caught. If Keep in mind why we have FISA. this canard. We authorized going after they had not gotten caught, they prob- Congress passed that law only after we Osama bin Laden, but the Senate did ably would still be doing it. But when discovered the abuses of J. Edgar Hoo- not authorize—explicitly or implic- the public found out about the Presi- ver’s FBI. Through the COINTEL Pro- itly—the warrantless wiretapping of dent’s illegal surveillance of Ameri- gram, Hoover spied on Americans who Americans. By their logic, they could cans, the administration and the tele- objected and spoke out against the war also say we authorized the warrantless phone companies were sued by citizens in Vietnam—which pretty well in- search of the distinguished Presiding who believe their privacy and their volved 100 percent of the Vermont dele- Officer’s home or my home. This body rights were violated. gation in Congress. did no such thing, but the administra- Now the administration is trying to It is like the Department of Defense tion still is clinging to their phony get this Congress to terminate those today that is going around videotaping legal argument. lawsuits. It is not that they are wor- Quakers protesting the war. Quakers

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S165 always protest the war. But this ad- LEAHY of Judiciary and Senator ROCKE- danger of death or physical injury to ministration seems to think, if you dis- FELLER of Intelligence, are coming to any person, conspiratorial activity agree with them, somehow you are an the floor to speak on the FISA bill. I threatening the national security in- enemy of the country and they can jus- wish to take this opportunity, as a terest or conspiratorial activities char- tify spying on you. That is why we put member of both those committees, to acteristic of organized crime. these laws in place. Is memory so short speak about two amendments I will All those provisions, in one way or around here? Is memory so short or are offer when the time is appropriate. another, did exist. So a certification in we so frightened by 9/11 that we are This is in morning business and, there- writing under section 2511 must be by willing to throw away everything this fore, I cannot offer them at this time. one of the people I enumerated, or by country fought for and everything that The first amendment will deal with a the Attorney General of the United has made this country survive as long new question, and that question is: States, and say that no warrant or as it has? court review of telecom immunity. Let court order is required by law, that all We were told this building was tar- me explain what that means. First, statutory requirements have been met, geted by terrorists. I proudly come into this amendment is submitted on behalf and that the specified assistance is re- this building every day to go to work. of Senators BILL NELSON, CARDIN, and quired. Then there are some provisions It is the highlight of my life, other myself. Senator NELSON is on the Intel- setting forth the period of time during than my wife and my family. But I ligence Committee. Senator CARDIN is which the provision of the information, come in here because I believe 100 on the Judiciary Committee. I have facilities, technical assistance is au- Members of the Senate can be the con- also worked with Senator WHITEHOUSE thorized, et cetera. That is the law. science of the Nation. We can protect on this, though I believe he is going in So the question is: Were the certifi- Americans’ rights, we can protect a slightly different direction. cations provided adequate under this those things that our forefathers As Members know, the bill before us law that I have read? If they were, the fought a revolution for, that we fought provides full retroactive immunity for companies would be shielded from law- a civil war to protect, that we fought electronic service providers—that is suits. two World Wars to protect. Now we are the legal language—that are alleged to The third part is the hardest. In any going to throw it away because of a have provided assistance as part of the case where the defendant company did group of terrorists? This is ‘‘Alice in Terrorist Surveillance Program. The provide assistance but did not have a Wonderland.’’ amendment I am offering creates a ju- certification that complied with the So as we debate these issues, let’s dicial review by putting forth the issue sections I have read in 2511, the FISA keep in mind the reason we have FISA of whether immunity should be granted Court would assess whether the com- in the first place. As I said, back in the before the FISA Court. There would be pany acted in good faith, as is the 1970s we learned the painful lesson that no immunity for any individual, pri- standard under common law. The FISA powerful surveillance tools, without vate or public official—that is in the Court would determine whether the adequate oversight or the checks and underlying bill—or any other company company had an objectively reasonable balances of judicial review, lead to other than electronic service providers. belief that compliance with the Gov- abuses of the rights of the American So the immunity provision in the In- ernment’s written request or directives people. telligence bill only relates to those for assistance were lawful. So I hope this debate will provide us providers of electronic surveillance—no In the underlying bill, all the cases with an opportunity to show the Amer- one else and no other company. I hear against the phone companies will be ican people what we stand for. We can talk this would apply to Blackwater. It dismissed as long as the Attorney Gen- show them that we will do all we can does not. This is strictly for electronic eral can tell the court that the Federal to secure their future, but at the same surveillance. Government assured the companies time protect their cherished rights and The FISA Court has the most experi- that the assistance it was seeking was freedoms. Those are the rights and ence with FISA practice and surveil- legally permitted. That is the way it freedoms that protected past genera- lance law. It has an unblemished record works in the underlying bill. Under tions and allowed us to have a future. for protecting national security se- this formulation, there is no court re- If we do not protect them, what will crets. It has 11 judges. They sit 24/7. It view of whether the assistance was, in our children and grandchildren have? has an appellate branch, and it is fact, legal and adequate under the law It is incumbent upon us to stand up knowledgeable and skilled in intel- or whether the companies had an objec- for this country. When you stand up for ligence matters. tively reasonable belief they were this country, it does not mean jin- Under the amendment, there would legal. This is a major shortcoming of goism, it does not mean sloganeering. be a narrowly tailored three-part re- any legislative or executive grant of It means protecting what is best for view. First, the FISA Court would de- immunity. this country. If we do that, the terror- termine whether a telecommunications I thought this when I voted for the ists will not win. The United States of company provided the assistance al- immunity provision in Intelligence. I America wins. The people who rely on leged in the cases against them. If not, had hoped it would be revised in the us around the world will win. Our ex- those cases are dismissed. Judiciary Committee. I hadn’t come ample will be one they will want to fol- Second, if assistance was provided, upon this solution until I discussed it low. the court would determine whether the at length with Senator WHITEHOUSE Mr. President, I suggest the absence letter sent by the Government to the and also with several professors of law of a quorum. telecommunications company met the and also with a Member of the House of The PRESIDING OFFICER. The requirements of 18 USC 2511. That is Representatives. Then I thought, I clerk will call the roll. part of the FISA law. If they did, the wonder if this is a way to handle the The bill clerk proceeded to call the companies would be shielded from law- immunity question that is fair and ob- roll. suits. jective and handled by a court that is Mrs. FEINSTEIN. Mr. President, I Let me tell you quickly what that trained and deals with these matters ask unanimous consent that the order law says. That law, in 2511(2)(a)(ii)(A) on a continuing basis. I believe it is. for the quorum call be rescinded. and (ii)(B), allows for a certification in There are many Senators who believe The PRESIDING OFFICER. Without writing by a person specified in section the immunity provision should be objection, it is so ordered. 2518(7) of this title—which means the taken out wholesale and that the cur- Mrs. FEINSTEIN. Mr. President, I Attorney General, Deputy Attorney rent court case should continue. That ask unanimous consent to speak as in General, Associate Attorney General, is why I have introduced this amend- morning business. or by the principal prosecuting attor- ment with Senators NELSON and The PRESIDING OFFICER. Without ney of any State or subdivision thereof CARDIN, which puts before the Senate a objection, it is so ordered. acting pursuant to a statute of that court review option. This amendment THE FISA BILL State who reasonably determines that would allow phone companies to re- Mrs. FEINSTEIN. Mr. President, I a series of conditions are met: that an ceive the immunity they are seeking, know that both chairmen, Senator emergency situation exists, immediate but only if the independent review by

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S166 CONGRESSIONAL RECORD — SENATE January 23, 2008 the FISA Court determines whether That is most unfortunate. The question Senator CARDIN and I see this is that the assistance that was provided is comes, should the telecoms be blamed the question of whether telecommuni- lawful on its face or the companies had for that? I think that is something we cations companies should receive im- a good-faith, objectively reasonable be- need to grapple with. munity hinges on whether the letters lief that it was in fact lawful. The administration could have gone the Government sent to these compa- The arguments run hot and heavy on to the FISA Court. It chose under its nies meet the requirements of 18 U.S.C. both sides of the immunity question. article II power or its misinterpreta- 2511. If not, did the companies have a They may well prevent the successful tion of the AUMF that it would not do good-faith reason to believe there was passage of a bill by both Houses. Here that. Is that the responsibility of the a lawful reason to comply? In other is some history, though. telecoms? words, we should not grant immunity Shortly after September 11, 2001, the As I have said, under United States if companies were willingly and know- Government reached out to tele- Code, title 18, section 2511, the sections ingly violating the law. communications companies to request I have read, assistance may be provided I believe the best solution is to allow their assistance in what has become without warrant if the Government an independent court, skilled in intel- known as the terrorist surveillance provides a certification in writing that ligence matters, to review the applica- program. Within 5 weeks of 9/11, letters ‘‘no warrant or court order is required ble law and determine whether the re- were sent from senior Government offi- by law, that all statutory requirements quirements of the law or the common cials to these companies that put a have been met, and that the specified law principle were, in fact, met. If they governmental directive by the execu- assistance is required.’’ That is the were, the companies would receive im- tive branch, and these letters were sent law. munity. If not, they would not. every 30 to 45 days to the telecoms, With that said, I have read the let- I wish to briefly speak on the second from October of 2001 to January of 2007, ters that were sent to the telecom com- amendment which I will broach at the when the program was, in fact, put panies every 30 to 45 days for several appropriate time, and that is the ques- under FISA Court orders. years requesting assistance and pro- tion of exclusivity. This amendment is Only a very small number of people viding legal assurances. No one can say cosponsored by both chairmen, Sen- in these companies had the security now with legal certainty that the cer- ators ROCKEFELLER and LEAHY, Sen- clearances to be allowed to read and tification requirements of section 2511 ators NELSON, WHITEHOUSE, WYDEN, evaluate these letters or directives. were or were not met. I believe this is HAGEL, MENENDEZ, and SNOWE. I will And then even they could only discuss a question that should be addressed by describe it briefly. the legal ramifications internally. a Federal court, and I further believe We add language to reinforce the ex- They could not go out and get other that the Foreign Intelligence Surveil- isting FISA exclusivity language in opinions and vet it. That is a fact. lance Court is the court to do it. Title 18 by making that language part We also know that at the time the re- The administration has had its own of the FISA bill which is codified in quests and directives were made, there view that article II of the Constitution Title 50. The second provision answers was an ongoing acute national threat. provided the President with the au- the so-called AUMF, the authorization The administration was warning that thority to conduct international elec- to use military force, resolution loop- more attacks might be imminent, and tronic surveillance outside the law, as hole. The administration has argued we now know there was a plot to long as it complied with the Fourth that the authorization of military launch a second wave of attacks Amendment. To what extent the phone force against al-Qaida and the Taliban against the west coast. In such an envi- companies relied on this legal theory I implicitly authorized warrantless elec- ronment, I believe, and I think most of do not know, nor does anyone else at tronic surveillance. My amendment us believe, the private sector should this time, I believe. states that only an express statutory help the Government when it is legal But the companies have a reasonable authorization for electronic surveil- to do so. In fact, we should want the argument. They relied on written as- lance in future legislation shall con- private sector to do all it can to help surances in which the Attorney Gen- stitute an additional authority outside protect our Nation. eral, the top law enforcement officer of of FISA. This makes clear that only In addition, there has been a long- the country, said their assistance was specific future law that provides an ex- standing principle in common law that lawful. They were not able to do due ception to FISA can supersede FISA. if the Government asks a private party diligence because of security limita- Third, the amendment makes a simi- for help and makes such assurances the tions. We have no way of knowing the lar change to the penalty section of help is legal, the person or company full content of their deliberations re- FISA. Currently, FISA says it is a should be allowed to provide assistance garding article II authority of the criminal penalty to conduct electronic without fear of being held liable. President, despite testimony they have surveillance except as authorized by One would think this should espe- given to us on the Intelligence and Ju- statute. This amendment replaces the cially be true in the case of protecting diciary Committees. general language with a prohibition on our Nation’s security. In addition, these companies face se- any electronic surveillance except as However, this is not a situation that rious, potentially extraordinarily cost- authorized by FISA by the cor- had not been contemplated or prepared ly, litigation and are unable at the responding parts of title 18 that govern for. Congress passed FISA and included present time to defend themselves in domestic criminal wiretapping or any language in that statute to address court or in public because of the Gov- future express statutory authorization such situations regarding how and ernment’s use of the state secrets de- for surveillance. when the Federal Government may fense. This places the companies in a And finally, the amendment requires seek assistance from private companies fundamentally unfair place. Individ- more clarity in a certification that the when conducting electronic surveil- uals and groups have made allegations Government provides to a telecom lance, where there is no court warrant. to which the companies cannot answer, company when it requests assistance Those are the sections I have read to nor can they respond to what they be- for surveillance and there is no court you. In fact, the law is very clear on lieve are misstatements of fact and order. this and under what circumstances a untruths. Remember, on the question of immu- telecommunications company may pro- I asked the companies, when some- nity, we have existing law. The law I vide such information and services to body opposed to their position came to read earlier is vague and it is subject the Government, again, as I have indi- testify before a committee of the other to interpretation. The question is cated. body: Why don’t you testify and re- whether we do the interpretation or Assistance can always be provided spond? They said: Because our hands whether a proper authority does the in- when there is a court warrant. In this are tied; we cannot. terpretation which, of course, is a case, unfortunately, the administra- So today we are in a situation that court of law, namely, in this case, the tion did not even attempt to get a creates a difficult and consequential FISA Court. FISA Court warrant. It essentially dis- problem for Congress to address. The Currently, certifications must say missed FISA out of hand as a remedy. way Senator NELSON of Florida and under 18 U.S.C. 2511 that all statutory

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S167 requirements for assistance must be Article II power essentially still super- actly when FISA authorizes such sur- met. The telecom official receiving sedes these clear statements of legisla- veillance. that certification is not given any spe- tive intent and clear drafting of law That is our function under article I cifics on what those statutory require- over many decades. of the Constitution. ments are, so the company cannot con- To make matters worse, the adminis- Let me say, however, despite the fun- duct its own legal review. tration claimed and still does claim damental differences of views over sep- This amendment would require that that the resolution to authorize the aration of powers, this amendment has if the assistance is based on statutory use of force against al-Qaida and the been carefully negotiated with officials authorization, the certification must Taliban provided authority to institute at the Department of Justice, the Of- specify what provision in law provides the Terrorist Surveillance Program. It fice of the Director of National Intel- that authority and that the conditions does not. ligence, and the National Security of that provision have been met. I do not know one Member of Con- Agency. The executive branch has not I believe our amendment will gress who believes they voted for the raised operational problems or con- strengthen the exclusivity of FISA, TSP when they voted to authorize the cerns with this language. and I believe it is absolutely critical. use of force. It was never con- This exclusivity amendment will not Without this, we leave the door open templated, and I was present at many affect ongoing or planned surveillance for future violations of FISA. of those discussions, in private and in operations. Of course, I should also say When FISA was first enacted in 1978, public. It was never considered. clearly that the executive branch does there was a big debate between the In fact, FISA allows for 15 days of not support the language. They do not Congress and the executive branch over warrantless surveillance following a want FISA to be the exclusive author- whether the President was bound by declaration of war. So Congress in 1978 ity. But, legislatively, that has been law. We have had a repeat of that de- had spoken on the issue of wartime au- the intention of this Congress since bate over the past 2 years since learn- thorities, and it did not leave open the 1978. ing of the existence of the terrorist possibility of open-ended warrantless I have tried to perform my due dili- surveillance program. But the end re- surveillance. gence on this whole terrorist surveil- sult of the debate in the 1970s was Then the Department of Justice lance program and the FISA issue since clear. FISA was established as the ex- came to the Congress in September of the news of the warrantless surveil- clusive means by which the Govern- 2001 with the PATRIOT Act. The legis- lance broke in December of 2005. I have ment may conduct electronic surveil- lation included numerous changes become convinced that without strong lance for foreign intelligence purposes, needed to FISA to wage this new war, exclusivity language such as provided period. FISA was meant to be exclu- but the administration did not request in this amendment, another Congress in the future will be faced with exactly sive, and section 2511(f) of title 18 of changes that would allow the TSP, the the same thing we are now. the United States Code states that it Terrorist Surveillance Program, to I will repeat what I said in December: function lawfully. Nor did the adminis- is, in fact, the exclusive authority for I cannot support a bill that does not domestic criminal wiretapping and tration express the limitations on clearly reestablish the primacy of that ‘‘the Foreign Intelligence Surveil- FISA surveillance that the TSP was FISA. We took the first step with very lance Act of 1978 shall be the exclusive created to overcome. modest language in the Intelligence In effect, we have a claim from this means by which electronic surveil- Committee. The Judiciary Committee lance, as defined in section 101 of such administration, which has never been passed very strong language, but unfor- act, and the interception of domestic recanted, that the President has the tunately it has not been added to the wire, oral, and electronic communica- authority to conduct surveillance out- bill before us. Both committee chair- tions may be conducted for foreign in- side of FISA. We are spending enor- men have cosponsored this amendment, telligence purposes.’’ mous time and effort to rewrite FISA, as well as the others I have listed. The The legislative history is clear—ig- but there is no guarantee that the Department of Justice and the intel- nored, but clear. In stating that ‘‘FISA President will not again authorize ligence community have thoroughly would prohibit the President, notwith- some new surveillance program outside reviewed the amendment. There is no standing any inherent powers, from the law. That is why those of us who operational impact. I hope we end the violating the terms of that legisla- put this amendment together have question once and for all whether the tion,’’ the 1978 report language was a taken so much time to write strong ex- President can go around the law. clear statement of the intent of the clusivity language right into this law. At the appropriate time, I will move Congress at that time, just as this When I have asked the Director of this amendment, and I hope it will be amendment is now. National Intelligence about this, he accepted by this body, as well as the Congress also wrote in 1978 that in has said that with the new FISA au- court review of the immunity amend- terms of authority for conducting sur- thorities in this bill, the intelligence ment. veillance, ‘‘FISA does not simply leave community wouldn’t need to go outside Mrs. FEINSTEIN. Madam President, Presidential powers where it finds of FISA. I would like to find comfort in I yield the floor, and I suggest the ab- them. To the contrary. The bill sub- this response, but I don’t, and that is sence of a quorum. stitutes a clear legislative authoriza- why I am offering this exclusivity The PRESIDING OFFICER (Mrs. tion pursuant to statutory, not con- amendment. MCCASKILL). The clerk will call the stitutional, standards.’’ The President does not have the roll. President Carter signed the 1978 bill. right to collect the content of Ameri- The assistant legislative clerk pro- His signing statement said this: cans’ communications without obeying ceeded to call the roll. This bill requires for the first time a prior the governing law, and that law is Mr. DORGAN. I ask unanimous con- judicial warrant for all FISA. sent that the order for the quorum call In italics— I recognize the administration dis- be rescinded. all electronic surveillance for foreign intel- agrees with me on this point. The The PRESIDING OFFICER. Without ligence or counterintelligence purposes in White House believes the President’s objection, it is so ordered. the United States in which communications Article II authority allows him to con- Mr. DORGAN. Madam President, this of U.S. persons might be intercepted. duct intelligence surveillance regard- afternoon the Republicans have held an So it is crystal clear on its face that less of what Congress legislates. I dis- issues conference; in fact, I believe for FISA was the only legal authority agree. most of the day. As a result, they have under which the President could pro- However, we are not going to resolve not been here today to engage in dis- ceed when he authorized the ‘‘Terrorist that question. As I said, ultimately it cussion on the Indian Health Care Im- Surveillance Program’’ after Sep- is for the Supreme Court to decide. But provement Act. I just finished speaking tember 11. He chose not to. And this is here now we must make the strongest with Senator MURKOWSKI, vice chair- where the issue becomes joined, I be- case that the only authority for elec- man of the committee. We talked lieve, one day before the highest Court tronic surveillance is FISA, and we about the bill. She has played a signifi- of the land: whether the President’s must again be as clear as possible ex- cant role as vice chairman in bringing

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S168 CONGRESSIONAL RECORD — SENATE January 23, 2008 this Indian health care improvement licans and Democrats on the com- The assistant legislative clerk pro- bill to the floor. We both would like mittee worked hard. We all worked to- ceeded to call the roll. those who have amendments to provide gether—it was bipartisan—in getting Mr. SALAZAR. I ask unanimous con- notice to us of their amendments. this bill to the floor. Senator JOHNSON, sent that the order for the quorum call Our cloakrooms have asked for a list over a long period of time, has worked be rescinded. of amendments so that we may process to make this day happen. Let me thank The PRESIDING OFFICER. Without them. It appears, based on what the him for his great work. objection, it is so ordered. majority leader indicated, that we will The PRESIDING OFFICER. The Sen- Mr. SALAZAR. Madam President, I at some point today, perhaps in the ator from South Dakota. rise in strong support of S. 1200, the In- next hour or two, turn to the Foreign Mr. JOHNSON. Madam President, I dian Health Care Improvement Act of Intelligence Surveillance Act. The rea- am here to speak in favor of the Indian 2007, which will reauthorize, improve, son for that is, there is a deadline of Health Care Improvement Act. To the and expand necessary health care serv- February 1 by which that Act has to be nine treaty tribes in my State, and ices and programs for the Native Amer- renewed. It expires and we have to take hundreds of others around the country, ican population. I thank Chairman action to renew it. It will be controver- this bill is truly a matter of life and DORGAN and Ranking Member MUR- sial and cause quite a debate. So what death. It is a sad fact that the six coun- KOWSKI of the committee for their lead- the majority leader has indicated is ties in America with the lowest life ex- ership on this legislation. I also thank that he will turn to the Foreign Intel- pectancy are tribal counties in South my colleagues on the Finance Com- ligence Surveillance Act, and we will Dakota. mittee, Senator BAUCUS and Ranking be on that tonight, tomorrow, perhaps Poor health care affects not only life Member GRASSLEY, for their leadership Friday and Saturday—who knows?— expectancy but also the quality of life and contribution. The work we have and that following completion of that, for American Indians; it is also pre- done in the last year and the debate we he will bring the Indian health care im- ventable. My office gets hundreds of will have this week is a debate that is provement bill back to the floor. calls from constituents needing help long overdue. My appreciation to the majority with even the most basic needs that It has been 16 years since Congress leader, he is trying to balance some ought to be met by the Indian Health conducted a comprehensive review of difficult things. He, for the first time Service. the Indian Health Care Improvement in 10 years, decided we should do what For example, Butch Artichoker from Act, 16 years since we addressed the we should have done in the last 10 the Rosebud Sioux Tribe told my office persistent health disparities in Native he did not want to have a cancer test years, and that is reauthorize Indian American communities across the Na- because he would not be able to get health care. tion. We have a scandal in Indian health contract health treatment from IHS if This bill is vital to millions of Native care with full scale rationing. Only 40 the test was positive. His situation is Americans across the country, includ- percent of health care needs are being not unique. ing the 52,000 Native Americans who re- Another man from Pine Ridge con- met. We have people dying today on side in my State of Colorado. tacted my office after receiving the re- reservations because health care that Colorado is home to two sovereign sults of a cancer test that showed his we take for granted for our families, American Indian nations: the Ute PSA levels were ten times above nor- many of us, is not being made available Mountain Ute Tribe and the Southern mal. He could not get a referral for a on Indian reservations. I thank Sen- Ute Tribe. They are located in the treatment MRI because, according to ator REID for allowing us to come to southwestern part of Colorado. But as IHS, his cancer was not a priority the floor and putting this in the sched- we must remember—and my colleagues one—threat to life or limb. ule. When it is pulled from the floor to have alluded to this in this week’s de- I am a cancer survivor myself thanks go to FISA, it will be brought back bate—the majority of Native Ameri- to early screening and detection, which next week or when FISA is completed. cans across this country, including in are paramount for effective treatment. I appreciate that. Colorado, do not live on the reserva- This is also true for mental health I notice my colleague from South Da- tions. In Colorado, members of 35 dif- problems and many other treatable dis- kota, Mr. JOHNSON, is here. Senator ferent tribal nations live in the urban, orders. Passing this bill will not fix JOHNSON and I share the Standing Rock suburban, and rural communities of my every health problem facing Indian Sioux Indian reservation that straddles State, from Durango to Denver. Country, but it is a major step that we our boundary of North and South Da- It is hard for us in this Chamber and need to take. kota. It is a large reservation. Both of I returned from my own health chal- in America to overstate the contribu- us have been there many times. South lenges with a better appreciation of tions of Native Americans to our econ- Dakota has a number of other Indian what individuals and families go omy, our society, our culture, and our reservations. Senator JOHNSON, as a through when they face the hardship of history. member of the committee, has done su- In my State, the Utes are the oldest catastrophic health issues. perb work with us to put this legisla- Providing better health care through known continuous residents of Colo- tion together. I appreciate his help and IHS will serve not just American Indi- rado. The earliest Ute tribes traveled his attention to what is an urgent pri- ans but protect the overall public along the eastern slope of the Rocky ority for American Indians, to get the health network for my State and the Mountains before settling in Colorado, health care this country long ago rest of the country. Utah, and New Mexico. In western Col- promised. We wrote it in treaties. We IHS is a vital part of the patchwork orado, they hunted, gathered, and have a trust responsibility. That re- of providers that serve our State and worked the lands, often moving with sponsibility is affirmed by the Supreme when one of these providers improves, the seasons to better climates to better Court of the United States. Yet we the entire system benefits. This is not their possibilities of livelihood. The have had broken promises and broken just a tribal issue or an Indian bill, but Spanish arrived in the Southwest—in treaties. At long last we must affirm a moral issue for individuals and fami- Colorado and New Mexico—in the late our responsibility to say to Native lies as well as the integrity of my 1500s—in the 1630s and 1640s—and in the Americans: It is our responsibility. We State and our country. beginning, they became the trading assumed that responsibility to provide I thank Senator DORGAN for his lead- partners for the Utes, exchanging tools decent and good health care, health ership and persistence. I ask that my for meats and fur. care we can be proud of for Native colleagues quickly pass this bill, as What followed that chapter is a set of Americans. That is what this discus- these improvements to Indian health very sad chapters in Colorado and the sion is about. care are long overdue. United States. It was a set of sad chap- Because I have seen my colleague I yield the floor. ters characterized by violence, retalia- from South Dakota come into the Mr. DORGAN. I suggest the absence tion, and tragedy, much of it at the Chamber, I did want to say a special of a quorum. hands of the Federal Government. thanks to him. I know my colleague, The PRESIDING OFFICER. The Over the next few decades, under Senator MURKOWSKI, and other Repub- clerk will call the roll. pressure from the Federal Government,

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S169 the Utes would enter into agreements is the Denver Indian Health and Fam- as Denver, CO. Key programs include to establish reservations, but this in- ily Services facility. This facility is immunization, behavioral health, alco- cluded giving up very large sections of funded by the Indian Health Service hol and substance abuse programs, and their land. While a small part of that program through funding allocated diabetes prevention, treatment, and land was ultimately returned to the through title V of the Indian Health control. Utes in the two reservations that were Care Improvement Act, which provides In addition to reauthorizing and ex- set up in Colorado and the one that was funding for urban health centers for panding existing programs, this legisla- set up in Utah, the modern-day res- Native Americans. tion will ensure that Native Americans ervations are the result of various Gov- The Denver Indian Health and Fam- are able to take full advantage of new ernment actions, encroachment by set- ily Services began providing health technologies and new Federal programs tlers, and mining interests that ulti- care onsite to Native Americans living that have emerged since the last reau- mately limited the two tribes in Colo- in the Denver metro area in 1978. The thorization, including Medicare Part D rado to a small percentage of the res- majority of its patients are single par- and the State Children’s Health Insur- ervations that were originally con- ents, making an average of $621 per ance Program. Indian health programs templated for the Ute Indians before month—$621 per month. That is a total should work hand-in-glove with these the existing reservations were estab- of approximately $7,400 a year. That is new programs and new resources. lished. not a lot of money for any family. Native Americans in the United The issues confronting Native Amer- When a patient needs specialized treat- States of America deserve access to a ican communities today are inex- ment, however, they often have to 21st-century health care system. tricably tied to this history. The Fed- travel 6, 7, 8, 9 hours to places such as I again thank my colleagues, Senator eral Government’s responsibility to Rapid City, SD, or Albuquerque, NM. DORGAN, the chairman of the com- Native American communities is like- This is a long trip for anyone, particu- mittee, and Senator MURKOWSKI, for wise tied to this very difficult and larly if they are sick or injured. their bipartisan leadership on this very painful history. The U.S. Government has a long- important legislation and for their But this week, under the leadership standing and solemn responsibility to tireless leadership for Native American of Chairman DORGAN, we hope to write the Native American population of our communities across the country. another chapter into this history. We country. That responsibility is set I hope my colleagues will support hope to take another step toward mak- forth and recognized in treaties, stat- this bill. We need to get this bill to the ing good on the Federal Government’s utes, U.S. Supreme Court cases, agree- President’s desk as soon as possible. promise to improve health care for Na- ments, and in our U.S. Constitution. It In conclusion, as we look at the tive Americans. is a trust responsibility that flows United States of America, we see an The health care statistics for Native from Native Americans’ relinquish- America that is an America that has a American communities do not lie, and ment of over 500 million acres of land covenant about being an America in they are troubling. They should be to the United States of America. Na- progress. We see it in a number of dif- troubling to all of us here in America. tive Americans see the reauthorization ferent ways—in the ways which we The infant mortality rate is 150 percent of this health care bill as part of the have treated women and other racial or greater for Native Americans than that U.S. Government living up to its end of ethnic minorities. But there is a sad of Caucasian infants. Native Americans the bargain with tribal governments. and painful story to this America in are 2.6 times more likely to be diag- And they are right. progress that is particularly poignant nosed with diabetes. Life expectancy The disparities in health care be- when you look at how we, as the for Native Americans is 6 years less tween Native Americans and the gen- United States of America, have treated than the rest of the U.S. population. eral population is a real problem, and the Native American communities of Suicide rates—suicide rates—for Na- it is one Congress has a responsibility our Nation. So this is an issue in my tive Americans are 250 percent higher to address. I am proud of the bill we mind that is a fundamental issue of than the national average. are considering today because it takes civil rights. It is a fundamental issue The health care disparities we see major steps toward reducing the health we must resolve in order to be able to throughout the country are also evi- care disparities that persist in Native uphold this covenant of America that dent in my State of Colorado. In 2006— American communities. makes us an America in progress. that was not too long ago—5.5 percent Although appropriations for IHS Madam President, I yield the floor. of Native Americans died from diabe- have traditionally fallen far short of The PRESIDING OFFICER. The Sen- tes, more than twice the rate of the the actual health care needed in Indian ator from North Dakota. general population. In the same year, Country, the focus on preventive care Mr. DORGAN. Madam President, I 3.9 percent of Native Americans died in current reauthorization legislation thank the Senator from Colorado, who from chronic liver disease, compared will make more efficient use of the In- is a strong voice for fairness and jus- with 1.6 percent for the general popu- dian Health Service’s limited re- tice and for health care on Indian res- lation. sources. ervations. I appreciate very much his For many Native Americans, access Difficulties in recruiting and retain- work and his relentless determination to health care is the biggest challenge ing qualified health professionals have to help us get this done. I know he they face as human beings. I have long been recognized as a significant comes from a State that has a good heard countless stories of individuals, factor impairing Native Americans’ ac- number of Indian tribes and that he Native Americans in my State, who are cess to health care services. The pro- has toured those areas and is very con- sick or are in pain and have to drive grams authorized in this bill will help cerned about this issue. hundreds of miles to receive any kind recruit Native Americans into the Madam President, I want to, in just a of treatment. When they get there, health care profession. Additionally, couple minutes, show once again a pho- after having driven sometimes 9 hours, this bill provides for health education tograph of a man I showed yesterday they will find that the clinic cannot in schools, mammography and other during this discussion. His name is provide them the treatment they seek. screenings for cancer, and helps cover Lyle Frechette. Lyle Frechette, shown Those services, they learn, are in hos- the cost of patient travel to receive in this photograph, was a member of pitals located hundreds of miles away. health care services. Additionally, this the Menominee Tribe of Indians in Wis- Access problems affect not only Na- legislation removes barriers and in- consin. He came of age during a time tive Americans on reservations that creases participation and access to when there was what was called the span hundreds of miles but Native Medicare and Medicaid Program bene- ‘‘termination and relocation era of In- Americans living in urban areas as fits. dians.’’ well. Title V of this legislation would also This picture of Lyle Frechette is a For the 25,000 Native Americans liv- fund programs in urban centers to en- picture of a high school graduate who ing in Denver, CO, today, there is only sure that health services are accessible was newly entering the Marine Corps 1 health care facility that is available and available to Native Americans liv- to proudly serve his country. I showed to meet their health care needs. That ing in cities across the country, such that photograph yesterday to describe

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S170 CONGRESSIONAL RECORD — SENATE January 23, 2008 that there is no group of Americans ductible donations, and they used a she has done, and I look forward to that has served their country in the four-star general, retired Four-Star working with her. We will not appar- military in larger numbers per capita GEN Tommy Franks, to sign letters of ently finish this bill today, but we will than Native Americans—than Amer- solicitation asking for funds, and paid get the bill back on the floor following ican Indians and Native Alaskans. him $100,000 for that. Now, I think the Foreign Intelligence Surveillance There is just no group that has enlisted Tommy Franks ought to explain to the Act, and when we do—the two of us in higher numbers to support their Congress and ought to explain to vet- have talked—we very much are intent country in our military. This is a pho- erans why a retired four-star general is on finishing this in 1 day and getting tograph of one of them. His experience, being paid $100,000 to sign letters to so- to conference, getting the bill to the following his service in the Marines, licit money to help veterans. I think President, and getting it signed. was the experience of so many Indians. GEN Tommy Franks has a lot of ques- Mr. President, I yield the floor. During the termination and reloca- tions to answer, including a number of The PRESIDING OFFICER (Mr. tion period, many of them were given questions dating back about 4 years, PRYOR). The Senator from Alaska is one-way bus tickets and told: You need from me and others. But I was very recognized. to mainstream; you need to go to a surprised that a charity is paying Ms. MURKOWSKI. Mr. President, I city someplace. They found they had $100,000 to a retired four-star general thank the chairman of the committee limited opportunities in the cities. for allowing his name to be used to so- for his great cooperation on this very important issue. I know we had all They lost their health care capability. licit funds from individuals across the hoped—certainly my constituents had It was a time that we are now not country to help veterans. hoped, and I think my colleagues as proud of in terms of public policy be- The Help Hospitalized Veterans well, as so many around the country cause it was the wrong thing to have raised more than $168 million from 2004 to 2006. They raised $168 million from who have been waiting years—literally done, particularly when we had prom- waiting a decade—for reauthorization ised a trust responsibility, providing 2004 to 2006, and they spent one-quarter of it on veterans. Let me say that of this Indian Health Care Improve- health care for Native Americans. ment Act. We are pleased that we are SPENDING PRACTICES AT VETERANS CHARITIES again. They raised $168 million of tax- deductible contributions to an organi- on the floor. We would like to see this Madam President, I wanted to show moved through the process as quickly that photograph again because I want- zation called the Coalition—excuse me, this is Help Hospitalized Veterans— as possible. We understand the issues ed to say something else that is not on we have in front of us and what we the topic of this bill but something I raised $168 million, and one-quarter of it went to help veterans; the rest went have to do in order to get this through, read last Friday which has bothered me but I appreciate the great leadership of ever since I read it. It deals with those elsewhere. That is unbelievable, just unbelievable. In this Congress—I hope the chairman of the Indian Affairs such as Lyle Frechette and others who Committee and of so many who have the committee in the House that held joined the military and became sol- worked to advance this legislation. these hearings will continue, and I am diers for our country. I thank Chairman DORGAN for re- The Washington Post, last Friday, now evaluating whether we can begin a minding all of us of the great contribu- contained a story about a hearing that series of similar hearings. I think that tions we have had from so many of our was held the day before in the U.S. is equivalent to theft, and I hope very American Indians, Alaska Natives, House of Representatives. It was a much that we will continue to apply when it comes to serving our country. hearing about spending practices at heat to those who would use veterans’ I think if you look at the demographics veterans charities. names in this manner. An organization and look at it on a per-capita basis, we There is an organization that has that solicits $168 million and uses only see higher numbers, certainly in Alas- evaluated various charities that have one-fourth of it in support of veterans ka, of our Alaska Natives serving in been established to provide assistance when their title is Coalition to Support the military than any other popu- for veterans. That organization, the America’s Heroes—or I guess Help Hos- lations in the State, serving admirably American Institute of Philanthropy— pitalized Veterans, one of the two— over the years, whether they be the Es- which is the leading watchdog group— one-fourth of the money is used to go kimo Scouts or whether they be the said there are about 19 military-ori- to veterans, the rest of it is going for group serving from the National Guard ented charities that manage their re- country club memberships and loans which recently returned from Kuwait. sources very poorly. for divorce settlements. That is unbe- I had an opportunity a couple of But let me describe what made my lievable to me. I hope very much that months ago to meet those Alaskans blood boil Friday morning when I read both the House and the Senate will who were returning. I met up with it. I was not aware of it. But Help Hos- continue to aggressively investigate them in Camp Shelby and had an op- pitalized Veterans—a tax-exempt orga- these organizations, and I hope perhaps portunity to talk to the men who were nization—Help Hospitalized Veterans— if we have some hearings, we might ask returning from Kuwait after well over an organization that is presumably retired GEN Tommy Franks to come a year. They had been in the desert. going to collect funds from around the and explain to us why it is appropriate Most of these soldiers came from vil- country to help hospitalized veterans— for him to accept $100,000 that comes lages from around the State. There it spent, according to the report, hun- from tax-deductible donations in order were some 80 villages—communities— dreds of thousands of dollars in dona- to sign a letter soliciting money that is that were represented amongst this tions that were to help wounded sol- presumed to be in support of veterans particular unit. Many of them, when diers on personal expenses instead for when, in fact, three-quarters of the they returned back home to Alaska those who were running the organiza- money went elsewhere. after coming from the desert and going tion. Instead of helping wounded sol- My colleague from Alaska has come home to the snow, would be returning diers as the title says—Help Hospital- to the floor, and I want to again say it to very small towns and very small vil- ized Veterans—those who were running has been a pleasure to work with her. lages that are not connected by any the charity were bathing themselves in She is vice chairman of the Indian Af- form of a road system. During the win- cash: a $135,000 loan to the fellow who fairs Committee and has done a re- ter months, you have connection be- runs the organization for a divorce set- markable job. She, perhaps more than cause the rivers are now frozen and you tlement with his former wife; a $17,000 anyone in the 48 States and the main- can take a snow machine to get from country club membership; a $1 million land, has very unique issues in the one small village to another and hope- loan to Mr. Viguerie, the direct mail State of Alaska, because the Native fully out to a larger hub community. guru, for a startup initiative at his Alaskan villages are remote and the But the reality is so many of these fine firm. health care issues that relate to them men who have served our country are The second charity, the Coalition to are different, difficult, and unusual, going back to areas where health care Support America’s Heroes—also a char- and she has represented that situation options are very limited. ity designed presumably to help Amer- aggressively and relentlessly as we Yesterday I had an opportunity to ica’s veterans—was fundraising, get- have tried to put legislation together show my colleagues a couple of pic- ting tax-exempt donations or tax-de- to address it. I thank her for the work tures. There is one of the health clinic

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S171 in Atka. We also had a picture of the sight hearing on the prevalence of vio- that are necessary to support a suc- health clinic in Arctic Village. As you lence against Indian women. We had cessful prosecution, whether it is pro- look at the pictures, you can see the several witnesses, very compelling wit- viding for rape kits at the Indian clin- health clinics are small and they are nesses, at that hearing, one of whom ics and hospitals or the training for the clearly broken down. They are older fa- was from Alaska, a woman by the health professionals to become the sex- cilities. They are very limited in terms name of Tammy Young, and she rep- ual assault examiners. Pretty basic of what they can provide. But this is resented the Alaska Native Women’s stuff. But if you don’t have it there, if what we have out in these villages. Coalition Against Domestic Violence you cannot collect the evidence, if you These soldiers who are returning need and Sexual Assault. She testified about don’t have the trained medical profes- to go to the VA for services. They don’t the intensity of such prevalence and sionals to help facilitate that, these have a VA out in Chevak. They don’t the need for remedies to properly ad- victims will be victimized again by have a VA facility out there in Atka. dress the problem. simply knowing that the system has They have the Atka Village Health In my State, we have one major city. let them down. Clinic. This is a two-story clinic, so it Anchorage holds about almost half the In addition, the legislation will also is by all standards perhaps better than population of this State. The Alaska require the Secretary of HHS to estab- some of the others in some of our vil- Native people make up 8 percent of the lish protocols and procedures for lages. But what we have seen in a State total population of Anchorage. But the health services to victims of violence, like Alaska where access to care is so percentage of Alaska Native victims in as well as to coordinate with the Attor- very limited, is the IHS facility essen- Anchorage alone was 24 percent. You ney General in identifying areas for tially ends up being the entity that can see the disparity in these numbers. improvement within the health system will provide for that level of care for Alaska has one of the highest per-cap- to support these prosecutions. I believe that serviceman, for that veteran, be- ita rates of physical and sexual abuse this aspect of the legislation is ex- cause to get from Atka to Anchorage, in the Nation. tremely important for so many. Again, to the Anchorage Native Medical Cen- In Alaska, an Alaska Native woman our statistics in this area are dev- ter, is costly. Sometimes the VA picks has a likelihood of rape that is four astating, unacceptable. There is more up the travel, sometimes not. It de- times higher than a nonnative woman we can do about it, and this is one pends on your income eligibility. If in the State. Our statistics are horren- small step. there isn’t any—if the Government is dous. They are deeply troubling. But Mr. President, I want to talk about not there to pick up your costs, not we know it is not only in Alaska that one aspect of the Indian health care re- only do you have the cost of air travel, there is this danger of violence that authorization. I don’t believe many of which can be upwards of $1,000 for your faces our Native women. Statistics my colleagues have spoken to the un- roundtrip fare, but you have your ex- show that Native women around the derlying policy of self-determination penses while you are in the city—in country are two to three times more and self-governance, but that is such town. likely to be raped than women from an integral part of this reauthoriza- So we look at what is provided to so other populations in the United States. tion. The Federal policy of self-deter- many in our small clinics around the As I say, in Alaska it is four times mination was conceived by President State. Now, is it right that the clinic Nixon in the early 1970s, and it has should have to pick up or basically higher. But even if this fact were not as disturbing as it is, it gets even worse been nurtured or improved upon by al- carry the water or carry the bag for the most every administration since then. VA? Not necessarily, no. But is this because so many of these women who have had this violence upon them also The legislation, S. 1200, embraces these where we can provide for a level of care policies in a very profound manner. face the prospect that the rapist may that is in the village for the individual, Indian self-determination represents not be brought to justice. with their family, and ultimately re- one of our Nation’s first enlightened This is for a variety of reasons. At ducing so many of the travel costs that Federal Indian policies. It has been by the hearing we had a witness indicate are there? Absolutely. So I say this to far the most successful policy in im- that the health services within the Na- my colleagues, so people can under- proving the lives of American Indians tive communities simply lacked the stand that oftentimes what we are and Alaska Native people. This policy proper infrastructure, the proper re- dealing with in terms of access when has been embodied in Federal legisla- sources, to even conduct the forensic you are in a State where it is so rural, tion for over 30 years in the Indian exams and therefore assist in the pros- where you don’t have roads, or the cost Self-Determination and Education As- ecution of the perpetrators. It is as to travel is prohibitive, we have to be sistance Act. more creative in how we provide for simple as not having rape kits avail- S. 1200 facilitates the important the level of care. In Alaska, we think able in the IHS facilities in that village interplay between the Indian health we are being more creative with that. or that community on that reserva- care delivery system within the De- But with the reauthorization of the In- tion, simply not having the forensic partment of Health and Human Serv- dian Health Care Improvement Act, it equipment, not having it there. Why ices and the policy of Indian self-deter- allows and facilitates greater sharing, don’t you have it there? It is a funding mination and self-governance. Begin- greater cooperation, ultimately great- issue apparently. But you have a situa- ning in the 1990s, there were a growing er collaboration, that leads to greater tion where you have a woman who has number of Indian tribes and Alaska Na- cost savings. been violated. She comes seeking help, tives who have taken over the IHS pro- I want to take a couple moments this and she can’t even have a proper exam grams. They have made them more ef- evening—it has been mentioned by our so they can collect the evidence so she ficient and responsive and, I would say, colleague from Colorado, and certainly may then go on and try to prosecute more relevant to the local needs. the chairman mentioned the provision the perpetrator. In Alaska, I think we can point to we have in the substitute amendment In addition, it is the training. We what has happened in the area of self- regarding violence against Indian and simply do not have enough who are governance as a good example, a posi- Alaska Native women. I mentioned in trained in the proper collection of the tive example of how the Native people my comments yesterday that we have evidence. Back in 2005, we in Congress have embraced this policy of self-deter- seen some successes in Indian health, passed aggressive programs and serv- mination and self-governance. even with the very stark health statis- ices for the reauthorization of the Vio- In April 2003, the Committee on In- tics that have been repeated by so lence Against Women Act, or VAWA. dian Affairs held a hearing on an ear- many on this floor. There is one area, The witnesses who were there at the lier version of this bill. We had a gen- though, where I do not believe we have hearing back in September advocated tleman there from Seldovia Village, made any progress, and one I am very that we build on the foundation of President Don Kashevaroff. He testified pleased we are addressing in this bill, VAWA. That is what this legislation about how Alaska Natives began com- and that matter is the terrible violence does. It provides for just that. It in- pacting IHS programs in 1997 and how, that faces native women and children. cludes programs to address domestic within 6 years, they had compacted vir- Back in September of 2007, the Com- and sexual violence that are critical to tually all of the IHS programs within mittee on Indian Affairs held an over- shoring up this health infrastructure, the State of Alaska.

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S172 CONGRESSIONAL RECORD — SENATE January 23, 2008 Now, within my State, the Indian I want to point out that several support the mission of the Indian health care system is almost entirely a tribes have stepped up with their own Health Service by supplementing the Native-driven system. Senator STE- resources to enter joint ventures with Federal resources with private funds VENS, my colleague, spoke to this in the Federal Government or to even and, hopefully, bringing the level of his comments on the Senate floor yes- supplement the Federal dollars in an funding for Indian health care closer to terday. When you take into account effort to bridge that 60 percent gap we that level of need. that in Alaska there are about 230 sep- keep talking about between the Fed- Mr. President, I will conclude my re- arate Native villages, you manage the eral funding and the level of need. I marks this afternoon by repeating that numbers there, and despite this large want to show a few of the examples. within the Indian health system, you number of separate sovereign govern- In the Cherokee Nation in Northeast have great disparity. You have seen ments spread out across a State with Oklahoma, we have a self-governance some of the pictures of beautiful facili- enormous distances from each other, tribe with one of the largest service ties and some pictures of facilities that spread out from the State’s metropoli- populations in the country. The Chero- are in desperate need of help. We have tan area, they were able to create a kees have just constructed a new clinic heard stories that just break your highly efficient and integrated health in Muskogee, OK, using their own trib- heart of people who were denied serv- care delivery system. al dollars. This facility serves Indian ices, of people whose illness was only I showed you the pictures earlier of people in northeastern Oklahoma, in- compounded because of failures within the clinics in Arctic Village. Behind cluding members of the Osage, the system. me in the photo is the Alaska Native Muskogee Creek, Choctaw, and numer- But we have also heard some statis- Medical Center, located in Anchorage. ous other tribes. tics that give us cause for hope that we Quite different. Yet what we have there We also have the Muckleshoot Tribe are making headway within the system in Anchorage at the ANMC is a model in Auburn, WA, which built this facil- in terms of some of the chronic dis- for others to view. In Alaska, we have ity in 2005 at a cost of nearly $20 mil- eases and how we might approach 180 small community health centers, lion using its own tribal dollars. The them. Through the Indian health care about 180 of what you saw with the Muckleshoot facility is located near reauthorization, we focus on those Arctic Village clinic, and they provide the I–5 corridor in Washington and also areas that will allow us to do better, primary care. We have 25 subregional provides very tailored care for its pa- whether it is in the area of behavioral midlevel care centers. There are four tients. As you can see from the picture, health, additional screenings, those multiphysician health centers, six re- programs that focus on prevention, gional hospitals, and one tertiary care they try to cater to some of the young- facility. The Alaska Native Medical er patients as well. those programs that focus on wellness, Another Oklahoma tribe in south- Center in this picture is that one ter- so that we can, A, lower our cost of tiary care facility. So in the entire eastern Oklahoma is the Choctaw Na- health care but, B, to really allow State, the Alaska Native Medical Cen- tion, which used their own tribal dol- American Indians and Alaska Natives ter is the one that provides that ter- lars to construct a 54,000-square-foot to have a quality of health care that is tiary care. facility at a cost of $13.5 million. In at least on par with what you would This system was made possible this facility the average monthly pa- get if you went to a non-IHS facility. through the Indian Self-Determination tient encounter over the past 12 We have not advanced legislation Act. This health care system is tai- months has been over 3,800 patients. that would update the Indian Health lored to meet the very unique needs of Out in Oregon, located in Chiloquin, Care Act since 1992. As I have said, all the Native people. I don’t believe it we have the Klamath Tribe Health Cen- one needs to do is think back to what would have been possible within the ad- ter built in 2004, paid for through a we were doing in 1992 in terms of ministrative structure of the Indian unique partnership between the Klam- health care. Think how far we have Health Service itself. ath Indian Tribe and the IHS, as a come with the technology. Think how Now, I don’t want to spend all my health center that primarily serves the far we have come with the techniques time just talking about the situation Klamath Tribe. It serves a tribal popu- that are utilized. Let’s not leave the in Alaska because the success story lation of 2,890 individuals and cost $3.6 Indian health care system 10, 20 years that you see there is by no means lim- million to construct. ago. Let’s allow them to come into a ited to my State. Self-governance is The last one I want to share with you level of service that we care to enjoy. being embraced in several other areas comes out of Bylas, AZ, and the San I mentioned one way we in Alaska of the country as well: in the Pacific Carlos Apache Tribe has constructed are able to deal with the issue of ac- Northwest, the Southwest, in Okla- this two-building complex on its res- cess. In a large State with a small pop- homa, and in other parts of the coun- ervation, which is about 130 miles east ulation who are not connected by try. I think it is important to note that of Phoenix. As the main source of pri- roads, we have to rely on telehealth. many tribes and tribal organizations mary care for Indians there, this clinic Telemedicine has allowed us to provide have supplemented their IHS programs provides dental, behavioral health, op- for a level of care, whether it is check- with their own resources where pos- tometry, laboratory, pharmacy, health ing out an infant’s ear to make sure sible. The Indian Health Service has education, and preventive care, among how bad that ear infection is or wheth- documented the fact that Federal In- other services. er it is literally videoconferencing with dian health programs are only meeting I use these examples to demonstrate a suicidal teenager and counseling to approximately 60 percent of the need. some of the many cases where tribal make sure he is not going to do some- You have heard that time and time ingenuity and resourcefulness have thing precipitous, that he knows he has again as we have discussed this. Only changed the Indian health care system somebody who is there for him. Our about 60 percent of that need is met. for the better. I think this is illus- technology allows us to do that, but The hearings on Indian health held trative of what can happen when the our legislation needs to be put in place by the committee and information tribes are given the flexibility to plan, to allow us to take full advantage of from a 2005 GAO report demonstrated to develop, and to determine the future the changes in these intervening years. that this underfunding has led to ra- for their own people. We promote that Again, I stand with my colleague, the tioning health care within the Indian ingenuity in this bill through the chairman of the Indian Affairs Com- community. Of course, the unfortunate amendment to the Indian Self-Deter- mittee, and urge our colleagues, if they result of this underfunding is exactly mination Act, which will make it pos- have amendments, if there are still as you have heard many of my col- sible to bring private sector money issues outstanding, let’s work through leagues say. It results in many Amer- into Indian communities to supple- those, let’s get the amendments, but ican Indians either foregoing any kind ment—again, I repeat ‘‘supplement,’’ let’s work through any remaining of treatment or delaying receiving not supplant—the Federal resources issues. We owe it to all our constitu- medical care, which in turn, then, leads that are appropriated by Congress. ents around the country to provide for to disease progression. But ultimately S. 1200 establishes the Native Amer- a better level of care. it leads to higher costs, greater costs ican Health and Wellness Foundation, With this legislation, it is one small to the system. the primary purpose of which will be to step forward.

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S173 I yield the floor. leader. Bruce helped restore cere- cultural needs of their patients. That The PRESIDING OFFICER. The Sen- monies that were once banned by the makes the difference all too often when ator from Washington. U.S. Government. His work to prevent a patient is deciding whether to seek Mrs. MURRAY. Mr. President, I come drug abuse and rebuild tribal customs care or to do preventive treatment and to the floor this afternoon to join with will be sorely missed. Bruce was only it increases the chance that an Indian the Senator from Alaska and the Sen- 60 years old when he passed away. will continue to get the treatment they ator from North Dakota to urge our Many of the Skokomish Tribe mem- need, as I said, for preventive or even colleagues to support this legislation bers died of conditions that are all too mental health care. that is going to make a critical dif- common on our Indian reservations— I am disappointed Republican objec- ference to thousands of American Indi- drug overdose, heart disease, cancer, tions have limited how far the impor- ans in Washington State and across our diabetes. These conditions we know are tant improvements for urban Indians country. preventable, and many in Indian Coun- in this bill can go, but this bill, as now I join in the words of my colleague, try have been working very hard to re- written, does ensure those important the Senator from Alaska. She men- verse the numbers I mentioned. But health centers stay open. My State has tioned several of the tribes in Wash- their work has been hindered because two of them. I have to tell you, I have ington State. This has an important Indian health services are badly in heard firsthand from a number of our impact on them. I agree with her and need of updating. tribal members how important and thank her for the tremendous work on The most important thing the Indian critical they are. this issue, helping us bring it to the Health Care Improvement Act does is Both our urban and our rural Indian floor and hopefully to passage so we help to modernize those services. In the health clinics also give tribes more de- can make a difference. last 16 years, as the Senator from Alas- cisionmaking power over health pro- I am proud to be an original cospon- ka said, we have revolutionized the grams so they can determine how best sor of this Indian Health Care Improve- way we approach chronic illnesses such to serve their people. In Washington ment Act. It does reauthorize and up- as diabetes. Doctors’ offices and health State, we have the Nisqually Health date the health care services our Gov- clinics around the country now empha- Clinic that is located near Olympia. It ernment provides to American Indians size the importance of eating right, offers a community health representa- and Alaska Natives. This bill will allow staying healthy. We have changed tive program that trains the tribal our Indian health clinics and our hos- where we provide services. Instead of members about how to provide basic pitals to modernize their services and treating elderly and chronically ill pa- preventive care and education to help enable them to provide better preven- tients in the hospital, more and more their elders and members who suffer tive care. These services are vitally im- people get care at home or in a commu- from diabetes or substance abuse. portant in Indian Country, where our nity clinic. And now, of course, it is We need to give programs such as tribal members suffer from high rates standard practice to coordinate mental those a boost so they can grow and of diabetes and other chronic illnesses. health and substance abuse and domes- they can succeed so other tribes can Our Government has a legal responsi- tic violence prevention services. But try similar programs. Reauthorizing bility to provide health care for Amer- while we have done all that, health the Indian Health Care Improvement ican Indians, but we have a moral re- care for Indians has gone badly out of Act will help us to do that. sponsibility to ensure we provide the date. We are still providing services Finally, this bill also makes impor- best care possible. today as if it was 1992. tant improvements to the medical ben- The Indian Health Care Improvement The bill we are considering today will efits provided to tribal veterans. Tribal Act has not been reauthorized since help bring health care for Indians into veterans, as many of my colleagues 1992, and in the years since it expired the 21st century and enable their clin- know, have served throughout this Na- in 2001, what Congress has done is sim- ics to do more than treat symptoms tion’s history with great honor and ply appropriate money for health care and instead focus on prevention and valor. In fact, American Indians have programs without examining this act mental health. served in higher numbers than any to see how we can improve it. This bill It is particularly important to ensure other ethnic minority in this Nation. we are now considering takes impor- Indian health clinics can provide up-to- But despite that extraordinary com- tant steps toward ensuring we are pro- date care because for many of our trib- mitment to this Nation, veterans serv- viding the best and the most cost-effec- al members, those clinics are the only ices for American Indians oftentimes tive care. It is long time past to pass source of health care available. For falls short of what is available for non- it. tribal members in rural Washington Indians. The health disparity between Amer- State and across the West, visiting a Fortunately, this bill we are consid- ican Indians and the general popu- doctor off the reservation often means ering changes current law to allow the lation is great. The numbers show why driving for hours to get to the nearest Secretary to enter into or expand ar- this bill deserves our attention now. big city. In some of our remote areas, rangements to share medical facilities The infant mortality rate among Indi- some tribal members never see a doc- and services with the Department of ans is 150 percent greater than for Cau- tor off the reservation. They are born Veterans Affairs. That provision re- casians. Indians, in fact, are 2.6 times in Indian hospitals, they see that doc- quires consultation with the affected more likely to be diagnosed with diabe- tor for their entire life, and they die in Indian tribes before entering into those tes. Indians suffer from greater rates of the same hospital. agreements, and it requires reimburse- post-traumatic stress disorder, and the This bill also funds urban Indian ment to the IHS, tribes or tribal orga- suicide rate among Indians is more health clinics. In recent years, Presi- nizations. than twice the national average. In dent Bush and some of my colleagues I wish to repeat something I said ear- fact, life expectancy for American Indi- have questioned the need to provide lier because it is important. Providing ans is nearly 6 years less than the rest health services to Indians who live in health care to Indians is part of our of the U.S. population. and around major cities. In fact, dis- Government’s trust responsibility. It An example from my home State of appointingly, the President’s budget dates back to the 18th and 19th cen- Washington helps to illustrate the im- routinely eliminates funding for the 34 turies. Congress enacted the Indian pact these numbers have on Indian urban Indian health centers that exist Health Care Improvement Act in 1976 communities. in this country, and every year Con- to better carry out that duty. In Presi- Three years ago, in a 6-month period, gress restores the funding because dent Ford’s signing statement, he said: the Skokomish Tribe, which has a res- those centers serve thousands of Indi- Indian people still lag behind the American ervation near Hood Canal, lost 9 of its ans, many of whom are uninsured and people as a whole in achieving and maintain- 1,000 members. Among them were two would not get care elsewhere. The doc- ing good health. I am signing this bill be- children, two young adults, and five el- tors and the nurses who staff those cause of my own conviction that our first ders. One of those elders was Bruce urban clinics specialize in the condi- Americans should not be last in opportunity. Miller. He was a Vietnam veteran and tions many Indians face. Even more Thirty-two years later, we still have a nationally known artist and spiritual importantly, they are sensitive to the a long way to go toward achieving that

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S174 CONGRESSIONAL RECORD — SENATE January 23, 2008 goal, but we can take some important Washington State is fortunate that strong feelings about it, but today I steps by reauthorizing this bill now. the economy is still relatively strong rise for a very simple but I think im- HOUSING AND EMERGENCY PREPAREDNESS compared to the rest of the Nation. But portant reason and that is to salute the While I have the floor this afternoon, we are seeing signs of trouble. In fact, troops from the State of Pennsylvania I wish to change gears and talk about I heard from a housing official who who have recently died in the war. two other issues I heard a lot about at worked in Kitsap County, one of our In July, I came to the floor to talk home—housing and emergency pre- more rural counties. She has seen a about the then 169 Pennsylvania na- paredness—because I am hearing now dramatic increase in the number of tives, in some cases residents, who had disturbing rumors that the President’s people who are now seeking housing died in Iraq. Today, unfortunately, I upcoming budget proposal is going to counseling. She told me that last fiscal have to add nine more since July. We recommend cuts in those two areas. year, their two full-time housing coun- all know a lot of the lyrics of the great First, I wish to emphasize how im- selors helped homeowners with 50 de- singer and songwriter, Bruce portant it is we continue to provide faults. They saw that many people in Springsteen. I quoted them last sum- Federal support for police, fire, and this first quarter alone. In fact, in the mer when I talked about the lyrics emergency responders in all our com- 2 days she was with me and others from his song ‘‘Missing,’’ where he munities. This past month, I held sev- talking about housing, she said she talked about, in the context of 9/11, eral roundtables with our first respond- went back home and there were seven those who had perished and the effect ers in Washington State to hear what more calls on her answering machine on a family. they need to protect their commu- about foreclosures. His lyrics say, in part, he talks about nities, and at every stop, they told me The Federal Government has to do waiting for that person to come home, they have already been squeezed by everything possible to address this the person who would have lost their budget cuts and that they have spent wave of foreclosures. One way we can life at the tragedy of 9/11. He says: the last several years trying to do do that is investing in housing coun- Your house is waiting. Then he repeats more with a lot less. They said they seling. It is vital for troubled mortgage it. He says: Your house is waiting for are very worried about what it will do holders to get help early so they can you to walk in, but you are missing. He says: You are missing when I turn if their budgets are cut again. avoid foreclosure and keep their out the lights, you are missing when I Emergency responders in our small homes. and rural communities are especially At a time when we are trying to work close my eyes, you are missing when I concerned because they depend on Fed- to help repair the economy and ensure see the sunrise. And he goes on from there. I think eral grants to keep their communities people can pay their bills, we cannot that song and those lyrics have an safe. Let me give one example of the afford any cuts in our budget for that awful lot of meaning for those who impact these grants have had in my safety net for our homeowners. have lost a loved one in Iraq. Even if State that I think illustrates why Fed- We also have to ensure that low-in- they did not, the time spent away in come Americans who are not home- eral support is so important. Iraq for a loved one is difficult enough A month ago, storms causing major owners also get help. That means we but especially for a family with a mem- flooding and wind damage slammed have to continue to support programs ber of their family who died in Iraq. into western Washington. Thousands of such as Section 8, homeless assistance, They are missing, and for a lot of those our homes on the coast and in the in- and CDBG, which will help keep our families, will be missing for the rest of land counties were flooded and dam- communities strong through this and that family’s life. aged severely. Grays Harbor County, help make sure our low-income resi- It is important to remember and re- which sits along the Pacific coast, was dents have a home and can avoid home- mind ourselves these troops volun- one of the hardest hit. But Grays Har- lessness. teered for service. They were not draft- bor emergency officials told me they Next month, when we get the Presi- ed. They knew their task would be dif- were ready because they had recently dent’s budget sent to us, you can count ficult. They knew they would be in done exercises to practice emergency on me, I will be scrutinizing every word danger but they made that commit- response training. of it, and I will be back on this floor, if ment. When those horrendous storms hit, necessary, to fight funding cuts to In the end, they made the ultimate first responders in Grays Harbor Coun- those programs that are so important sacrifice. To those families across ty relied on vital equipment, basic to keeping our communities strong. Pennsylvania, in communities such as radio and other safety gear. Without I yield the floor. Altoona and Falls Creek and State Col- that training, without that equipment, The PRESIDING OFFICER. The Sen- lege and Wexford and on and on and on, more people in Grays Harbor would ator from Pennsylvania. the war in Iraq is not some obscure ab- have been hurt in that storm. Grays HONORING PENNSYLVANIA’S TROOPS stract policy being debated in Wash- Harbor had both of those thanks to Mr. CASEY. Mr. President, I rise ington. For them, the war is something Federal homeland security grants. today to talk about an issue which is very real. From the flooding in Washington on the minds of millions of Americans, As I said before, these fighting men State to Hurricane Katrina, to Cali- but you would not know about it from and women in Iraq were born into fami- fornia wildfires, we have had too many listening to the news. lies, not divisions and brigades. These opportunities now to witness the need Most of the news has been focused, families and these communities have for effective predisaster planning and appropriately so I think, on the econ- lost sons and daughters, husbands and response support. Real security in our omy and the challenges we face. We are wives, brothers and sisters, classmates, communities does not come cheap. all going to be focusing on that issue friends, all those relationships and all Now, I have already written to Presi- and we are going to be talking a lot those families and communities. dent Bush to warn him against cutting about it and taking action on it. We know this war has gone on longer money for port security, transit secu- But at the same time, the war in Iraq than World War II. We know the num- rity, and emergency management remains an urgent issue for our coun- bers, more than 3,900 dead. In Pennsyl- grants. I am prepared to fight for these try but especially for the families who vania, it is at 178. Nationally, the grants. Supporting and protecting are living through this, the small per- wounded number is about 28,000. In Americans here at home has to be a centage of American families who have many cases, those who have been priority for all of us. someone serving in Iraq, a loved one, a wounded are grievously, irreparably, HOUSING relative, and also, of course, the troops permanently wounded. When I was home, I also heard from themselves who are serving. We will not forget their sacrifice. But citizens and lenders, housing coun- So Iraq, the war in Iraq, remains an let me read the names of the recently selors, people involved in the housing urgent issue, an issue that deserves our lost from Pennsylvania, the nine mem- issues in Washington State who are attention and our continued focus. bers we have to add to our list. I will very concerned about the potential Today I do not want to talk about the read their names and their hometowns. cuts to housing grants they are hearing policy. We are going to have months First, Michael A. Hook from Altoona, about. and months to talk about it. I have Pennsylvania; Zachary Clouser, from

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S175 Dover; Michael J. Tully, Falls Creek; I will do one more because I know we There being no objection, the mate- David A. Wieger, from North Hun- are short on time. SSG Ryan S. rial was ordered to be printed in the tingdon; Adam J. Chitjian, from the Ostrom, from Liberty, PA. He was at RECORD, as follows: city of Philadelphia; also from the city one point in his life a baseball coach. PFC. ADAM J. CHITJIAN, SOMERTON, PA—DIED of Philadelphia, Camy Florexil; from One of his players quoted the story OCTOBER 24, 2007 Pittsburgh, Ryan D. Maseth; David A. about his life: He was a good leader and SOMERTON NATIVE KILLED IN NORTHERN IRAQ Cooper, Jr., from State College, PA; a good person to look up to. And he had (PHILADELPHIA INQUIRER), OCTOBER 27, 2007 Eric M. Foster, Wexford, PA. that special smile we used to see in the A Philadelphia native due to end his sec- So after reading these nine names, locker room. ond tour of duty in Iraq next month died we have now read, between July and That is what they said about him as Thursday of injuries sustained from enemy this date, all those from the State of a coach. This man, Mr. Ostrom, was 25 small-arms fire in Balad, northern Iraq. Pennsylvania who have died in Iraq Pfc. Adam J. Chitjian, 39, raised in years old when he died. Here is what Somerton, had joined the Army 4 years ago since the beginning of the war. another member of the military said, in response to 9/11, his older brother, Martin, I know we are short on time today, SSG Craig Stevens said about Ryan: He said last night. and we could read biographical was a soldier you could give a task to When it came to his country’s defense, ‘‘he sketches of all those 178 soldiers. But and know it would get done. You could wanted to act, rather than just talk,’’ Mar- let me read a couple of notes about a just look at him and know he was a tin, 41, of Buckingham, Bucks County, said. few of them before I conclude. leader. A stocky 5-foot-11-inches, Adam Chitjian By way of example, one of the names ‘‘appeared bigger than he was,’’ Martin said. Ryan would have started his senior To his brother, Adam seemed invincible. is Adam J. Chitjian from Philadelphia. year at Mansfield University this fall, There is a section called Somerton in ‘‘I would have bet my life he would have meaning then the fall of 2005. He is sur- come back without a scratch,’’ said Martin, the city of Philadelphia. He was on his vived by his father Scott and his moth- a lawyer, who was struggling last night to second tour of duty in Iraq, 39 years er Donna. grasp his brother’s death. ‘‘I don’t really be- old. He joined the Army and his broth- I will add one more. We have a lieve it happened.’’ er was quoted as saying: He wanted to minute. Our last biographical sketch is Their father, Martin, who lives in Furlong, act rather than just talk. That is why and sister, Kara Spatola of Warrington, were LCpl Nicholas B. Morrison, from Car- too distraught to talk, Martin said. Their he joined the Army. lisle, PA. He died August 13, 2004. He He leaves behind a father and sister. mother, Edith, died 10 years ago of cancer. was 23 years old. When he visited Texas, after being in Chitjian was assigned to Third Battalion, He joined the Marine Corps 16 Eighth Cavalry Regiment, Third Brigade Pennsylvania and serving our country months ago and planned to become a Combat Team, First Cavalry Division based all those years, when Adam was in state trooper in the State of Pennsyl- in Fort Hood, Texas. Texas, he met Shirley, who would later vania. He was a 2000 graduate of Big It was in Texas where he met Shirley, who become his wife. So for that family, we would become his wife. They married in the Spring High School, where he was a are thinking of Adam and his family. summer of 2006, after he returned from his linebacker on the football team. He died on October 24, 2007. first tour of duty in Iraq. The couple have no Then we go backward in time to 2003 I hope we can all remember his fam- children. in November, Nicholas A. Tomko from ily as well today. Martin said his brother had been a com- Pittsburgh, and a couple highlights Here is what one of his friends said: mercial painter since graduating from He was the glue. When he would come Northeast Philadelphia’s George Washington about his life. He was 24 years old, from High School. He had talked of possibly join- just outside Pittsburgh. The town is home, we would all make an effort to go out. He would make us laugh about ing a private security firm at the end of his called New Kensington. His father’s duty in Iraq. name is Jack Tomko. He is quoted, in stories from when we were growing up. part, as saying about his son that: He And on and on and on, stories such as SGT. NICHOLAS A. TOMKO, PITTSBURGH, PA— was a great kid, brave as hell. And he that from so many families and so DIED NOVEMBER 9, 2003 goes on from there talking about his many communities across our Com- PITTSBURGH-AREA SOLDIER KILLED IN ATTACK son. monwealth and indeed our country. IN IRAQ (ASSOCIATED PRESS, NOVEMBER 11, 2003) Now this is a young man who left be- I conclude with this thought: There PITTSBURGH.—An Army reservist from hind a fiance. And he was working as are a lot of great lines in ‘‘America the Pennsylvania who was due home in a little an armored car driver near Pittsburgh. Beautiful.’’ We could spend a lot of more than a month was killed Nov. 9 when a He joined the Reserves 3 years ago hop- time talking about each one of them. convoy he was escorting in Baghdad was at- tacked, Defense Department officials and his ing to get a head start in a career in One of those lines, when we talk about ‘‘America the Beautiful,’’ says: ‘‘Oh father said. law enforcement. Sgt. Nicholas A. Tomko, a 24-year-old in I wish we could say Nicholas A. beautiful for patriot dream that sees the 307th Military Police Company out of Tomko would have that opportunity to beyond the years.’’ New Kensington, Pa., was fatally shot in the serve in law enforcement, but this war That is what a lot of these soldiers shoulder and chest when the Humvee he was took him from us. did. They not only volunteered for riding in as a door gunner was attacked by His fiance said, and I am quoting in service knowing they could lose their mortar and small arms fire, according to his part here: I am going to make sure peo- lives, knowing they had to make a full father, Jack Tomko, and his fiancee, Jessica ple know about his service—that he commitment of their life and their Baillie. time and their family’s time, but they ‘‘He was a great kid, brave as hell, he went over there to fight for his country didn’t take no chances, he knew his stuff,’’ and that he went over to serve. So we had dreams, dreams of serving their said Jack Tomko, 58, of Evans City. ‘‘I guess remember him. country and hopefully dreams to go be- that day he didn’t know what was going on Two more before I conclude. SSG Jer- yond that. or something.’’ emy R. Horton from Erie, PA, died on But they were patriots and they had Tomko and Baillie said Nicholas Tomko May 21, 2004. His tour was extended. He dreams and it is those dreams we re- was scheduled to leave Iraq in 2 weeks and was a 24-year-old Pennsylvanian. His member and celebrate today. It is arrive home on Dec. 22. tour was extended. He joined the Army those dreams that go well beyond the Baillie, of Shaler, the mother of their 2- year-old son Ethan, said she had talked to right out of high school, hoping to get years we see before us. Nicholas Tomko on Saturday and was money for college. This is what his So we remember these troops today stunned by his death. uncle said about him: He certainly and as always we ask God’s blessings ‘‘I didn’t think it was going to happen, you loved his family, and he loved his coun- on their lives, those who gave, as Abra- know, he had too much to come home to,’’ try, and he loved the military. It was ham Lincoln said, the last full measure Baillie told Pittsburgh television station what he wanted to do. We need more of devotion to their country. WTAE. ‘‘We had too much of a future.’’ like him. We remember them today and their Nicholas Tomko, who was working as an No one could have said it better than families. May God bless them. armored car driver near Pittsburgh, joined the Army Reserves 3 years ago hoping to get that. We do need more people like him, Mr. President, I ask unanimous con- a head start on a career in law enforcement, like Jeremy. He is survived by his wife sent that newspaper accounts about his father said. He was stationed in Bosnia Christie, whom he married shortly these soldiers be printed in the for 6 months and had 2 months off before his after joining the Army. RECORD. unit was reactivated in February.

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S176 CONGRESSIONAL RECORD — SENATE January 23, 2008 Jack Tomko, who served in the Marine University this fall, studying chemistry. citizens who have fallen in combat and Corps from 1966 to 1970, said he and his son Professor Scott Davis said Ostrom was one of for his words and expression of appre- didn’t talk about the war or conditions in the few science students who aspired to be a ciation for the patriotism of these Iraq. teacher. young men and women. ‘‘I told him you don’t tell me what is going ‘‘He would have been a good one,’’ Davis on, you tell me when you get home,’’ Tomko said. CORAL REEF ECOSYSTEMS said. He is survived by his father, Scott Ostrom, I rise today to speak about another Tomko described his son as an average boy mother, Donna Ostrom, and stepmother, subject, the fact that two of the com- growing up and remembered how he would Anice Ostrom. mittees on which I sit have recently re- occasionally get into food fights with a ported out important legislation to friend, placing overripe apples and tomatoes LANCE CPL. NICHOLAS B. MORRISON, protect delicate coral reefs off the on sticks and hitting each other. But he said CARLISLE, PA—DIED AUGUST 13, 2004 coast of our country. It is called the his son never got into serious trouble. PENNSYLVANIA MARINE KILLED IN IRAQ Coral Reef Conservation Amendments Baillie said she thought their son was too (ASSOCIATED PRESS, AUGUST 2004) young to tell about his father’s death. Act and the Tropical Forest Conserva- CARLISLE, PA.—A North Carolina-based ‘‘I’m gonna make sure that Ethan knows tion Act. Marine killed in Iraq complained about the that is dad is a hero and that he did, you Mr. President, 84 percent of all of the food and the heat, but nothing else, his know, what he wanted to do and that he mother said. coral reef ecosystems in the country went over there to fight for his country,’’ LCpl Nicholas B. Morrison, 23, Carlisle, happen to be off the coast of Florida. It Baillie said. ‘‘There is nothing negative you Pa., died Friday during hostile action in is important that we protect them be- can say about that.’’ Iraq’s Anbar province. cause—and a lot of people don’t realize He joined the Marine Corps 16 months ago STAFF SGT. JEREMY R. HORTON, ERIE, PA— this—they protect us. Coral reefs are and planned to eventually become a state DIED MAY 21, 2004 fragile, slow-going, slow-growing, and trooper, said his mother, Peggy Morrison, of long-lived ecosystems. Corals them- PENNSYLVANIA SOLDIER KILLED IN IRAQ West Pennsboro Township in Cumberland (ASSOCIATED PRESS, MAY 2004) County. selves are easily damaged and they are PITTSBURGH.—A soldier from Erie, Penn., ‘‘He cared about what he was doing,’’ vulnerable to severe weather, ship whose tour was extended last year, was Peggy Morrison said. ‘‘He believed in the damage, pollution, nutrification, and killed in Iraq by a roadside bomb, according war. He was afraid, but not afraid to do what changes in temperature. Even with all to his family. was right.’’ of those environmental and physical Staff Sgt. Jeremy R. Horton, 24, died Fri- Morrison died when an explosive hit the challenges, coral reef ecosystems pro- day near Iskandariyah, Iraq. Defense offi- Humvee in which he was riding, his mother vide invaluable services to us. They cials did not release further details, but rel- said. atives said Horton apparently was killed ‘‘They were on a scouting mission or some- protect our shorelines. They enhance when his convoy was stopped for another thing,’’ said Morrison, adding that she ex- our economies because of all of the roadside bomb. pected more detailed information from mili- wonderful exploration in dive shops. Horton reportedly stepped from his vehicle tary officials Monday. They shelter fisheries, and they are a and a second bomb went off, killing him and Morrison was assigned to the 2nd Bat- very valuable ecosystem for a variety wounding three other soldiers, said his uncle, talion, 2nd Marine Regiment, 2nd Marine Di- of marine life. Rich Wittenburg, 54, of Erie. Horton died vision, II Marine Expeditionary Force at Beyond the current ecosystem serv- from shrapnel in his head, Wittenburg said. Camp Lejeune, N.C. ices and known capacities, coral reefs Horton joined the Army right out of high ‘‘We sent him a digital camera and he’d school, hoping to get money for college, but take pictures during a gunfight,’’ Peggy also hold the promise for new discov- ended up finding his place in the military. He Morrison said. ‘‘We’d holler and he’d say, eries, new and beneficial drugs coming was a member of Company B, 2nd Battalion, ‘It’s not that bad.’ I think he tried to down- from the coral reefs, improved under- 6th Infantry Regiment, 1st Armored Divi- play it.’’ standing of disease and, even now, un- sion, based in Baumholder, Germany. Morrison was a 2000 graduate of Big Spring derstanding of new species. As we reau- ‘‘He certainly loved his family and loved High School, where he was a linebacker on thorize in this legislation the Tropical his country and loved being in the military. the football team and had many close Forest Conservation Act, we are going It was what he wanted to do. We need more friends, said schoolmate Matt Swanger, 22. like him,’’ Wittenburg said. ‘‘He was the glue. When he would come to take an important and significant Horton played both the saxophone and home we would all make an effort to go new step to preserving and restoring drums in high school and played in bands out,’’ Swanger said. ‘‘He would still make us global natural resources and marine where he was stationed, his uncle said. laugh about stories from when we were grow- systems. This reauthorization will con- Horton is survived by his wife, Christie, ing up. I was really looking forward to when tinue our efforts to preserve the whom he married shortly after joining the he came home.’’ world’s forests, the coral reefs, and now Army. A memorial service was planned for Thurs- The PRESIDING OFFICER (Ms. the coastal marine ecosystems. This day in Germany and he will be buried June CANTWELL). The Senator from Florida. act will create an invaluable debt for 2 in Erie, his uncle said. Mr. NELSON of Florida. I ask unani- nature exchange that benefits both the mous consent to speak as in morning global economy and the global environ- STAFF SGT. RYAN S. OSTROM LIBERTY, PA— business. ment. DIED AUGUST 9, 2005 The PRESIDING OFFICER. Without We have an aquarium in Tampa, FL STUDENT REMEMBERS PA. NATIONAL GUARD objection, it is so ordered. that is offering its expertise in coral SOLDIER AS A MENTOR (ASSOCIATED PRESS, Mr. NELSON of Florida. Let me say conservation and coral health certifi- AUGUST 2005) to Senator CASEY before he leaves the cation in these international efforts When Broc Repard was playing junior high floor, the kind of speech he has made is that are ongoing. Developing countries basketball, Ryan S. Ostrom was his coach. the kind of speech none of us wants to But he was so much more. are now participating in this debt relief ‘‘He taught people skills as much as he make. It happens with each of us in initiative, and it will greatly benefit taught basketball,’’ said Repard. each of our States. As the Senator from the research that is going on at ‘‘He was a good leader and a good person to from Pennsylvania was speaking, it the Florida aquarium. look up to. And he had that special smile we caused me to reflect back that one of The legislation that is coming forth used to see in the locker room.’’ the more painful duties as an active- is a reauthorization that strengthens Ostrom, 25, of Liberty, Pa., died Aug. 9 duty U.S. Army captain in the late the authority of the Secretary of Com- from small-arms fire in Habbaniya. He was assigned to Williamsport. 1960s was that of going and informing merce. It gives the Secretary the abil- ‘‘He was a soldier you could give a task to the family members, next of kin, about ity to address threats to coral reef eco- and know it would get done. You could just the loss of their loved one. That was systems in U.S. waters. It expands look at him and know he was a leader,’’ said during Vietnam. That was usually the NOAA’s authority to respond to strand- SSG Craig Stevens. occasion for the notification of next of ed and grounded vessels that threaten Ostrom captained his high school’s soccer kin. How difficult a task it is person- the coral reefs. The bill also allows for and basketball teams and won a Pennsyl- ally to do it because you realize how NOAA to negotiate agreements with vania Interscholastic Athletic Association sportsmanship award. He was a Youth Lead- difficult it is for the family to receive coral reef research institutes such as er of Tomorrow candidate. that news. I thank the Senator from the Institute at Nova Southeastern A 1999 high school graduate, Ostrom would Pennsylvania for his obviously heart- University in my State in the city of have started his senior year at Mansfield felt comments about the Pennsylvania Fort Lauderdale. This bill also provides

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S177 mechanisms for the Government to re- sent, perhaps with regard to what this law and will continue to work with coup costs and damages from the re- initially started a couple of decades Senator DORGAN, Senator MURKOWSKI, sponsible parties and then apply those ago, on the fishing rights of each coun- and my Republican counterpart to funds to coral restoration efforts in try, but one that would exempt out the complete this legislation as soon as damaged areas. rights of Cuba to drill in such a dan- possible. We have another potential devasta- gerous area. At least this ought to be Mr. FEINGOLD. Madam President, I tion of coral reefs. Many of these reefs an issue that is negotiated to keep the am pleased to support the Indian are right off the Florida Keys. It is an oil drilling away from the gulf stream Health Care Improvement Act Amend- area of endangered, critical concern. which could damage these very coral ments of 2007. This bill is long overdue, There are these beautiful coral reefs reefs which I have been talking about and I hope that we in the Senate can that do all of these protections I talked in this act, this legislative act which ensure this bill’s quick passage. about for the delicate keys: protection has come out of the committee on There are significant unmet needs in from storms, housing the fisheries, a which the Presiding Officer and I serve. Indian Country throughout this Na- place for research and development It is not too late, if the Bush adminis- tion, and addressing the unmet health with regard to disease, and so forth. tration will do this. This happened 2 care needs ranks as one of the most But let me tell you about a new de- years ago and the Bush administration significant issues that we must ad- structive potential for the coral reefs. ignored the calls. But in the last 2 dress. The Federal Government has a Remember, 84 percent of the Nation’s years, it has become much more appar- well-established trust responsibility coral reefs are in Florida. Since there ent that oil companies sometimes that with regard to American Indian affairs, is no treaty between Cuba and the may not be safe in their drilling prac- and this trust responsibility extends to United States with regard to the oper- tices are in fact going to drill. The providing good health care to commu- ation of the waters between the two, United States needs to have a say in nities throughout Indian Country. there have been exchanges between the those drilling operations not being out I am impressed with the bipartisan Government of the United States and there close to the gulf stream which is work that Senator DORGAN and the Cuba, through the facilities of the only 30 or 40 miles off of the city of Key Senate Indian Affairs Committee have Swiss Embassy, an exchange of letters West which is at the lower end of the put into moving this bill forward, and that has been going on for 20 years, Florida Keys. I commend the committee for its dedi- designating a line halfway between Key I come here happily to embrace this cation to significant consultation with West and Cuba, which is only 90 miles, legislation protecting coral reefs, but I Indian Country in drafting and negoti- or a line 45 miles off the coast of Cuba, come here with an urgent message ask- ating this bill. Because of the strong which happens to be 45 miles off of Key ing the White House to protect our consultation with individual tribes and West, as a line at which the jurisdic- coral reefs by withdrawing this letter collective organizations like the Na- tion of the waters in each respective sent to the Castro government of Cuba. tional Tribal Steering Committee and part is the jurisdiction of that country. I yield the floor. the National Indian Health Board, the Here is the problem. Cuba, combined Mr. REID. I suggest the absence of a Senate Indian Affairs Committee has with foreign oil companies, now includ- quorum. put together a comprehensive reform ing PDVSA, the oil company of Ven- The PRESIDING OFFICER. The bill that will help improve the health ezuela, is starting to explore for oil out clerk will call the roll. care services available to American In- in the waters off of Cuba. There has The assistant legislative clerk pro- dians around the country. been some exploration already near the ceeded to call the roll. This bill has the support of tribal shore. But unless that agreement is Mr. REID. Madam President, I ask governments throughout the Nation, modified, the Venezuelan oil company unanimous consent that the order for including the 11 federally recognized could be drilling for oil 45 miles off of the quorum call be rescinded. tribes in my State of Wisconsin. I have Key West. Right off of Key West is the The PRESIDING OFFICER. Without heard from a number of constituents in gulf stream. The gulf stream comes up objection, it is so ordered. Wisconsin about the need to pass this through the west side of Cuba and the Mr. REID. Madam President, there important piece of legislation and the Yucatan peninsula, goes into the Gulf has been a lot of progress made on this improvements that the legislation will of Mexico, turns eastward and south- Indian health bill that is now before make to various Indian Health Service ward and comes down below Key West, the Senate. A number of amendments programs including clinical programs, between Key West and Cuba, and then have been filed. The staff are negoti- on the various reservations throughout follows the keys northward, hugs the ating further provisions and discussing the State and the urban Indian pro- coast of Florida only a couple of miles a list of amendments for consideration gram in the city of Milwaukee. off the coast, all the way up to the when we return to the bill. Health care is consistently the No. 1 middle of Florida at Fort Pierce, and I extend my appreciation to Senator issue that I hear about all over my then turns and leaves the coast of Flor- DORGAN and Senator MURKOWSKI, the home State of Wisconsin. When I hold ida going across the Atlantic and goes chairman and ranking member, for my annual townhall meetings across all the way over to northern Europe. If their leadership on the floor. the State, many people come to tell me we don’t call back this letter that most Many compromises have been made about problems with our overall health recently the Bush White House has to accommodate my Republican col- care system, and data shows us that sent to Cuba to ratify the agreement, leagues—on Federal Torts Claims Act these problems are often most acutely which is done every 2 years, it gives coverage of traditional health care felt in Indian Country. Lack of access perfect license for the Castro govern- practitioners, on urban Indian pro- to good health care is a problem that ment to go in and drill. If there is an grams, and on the need for an Assistant disproportionately affects American oil spill that is caught up in that gulf Secretary of Indian Health. We even Indians throughout the United States. stream, you can see the potential for accommodated our colleagues when we According to the Indian Health Serv- destruction of the delicate coral reefs learned of their midweek retreat, ice, American Indians and Alaska Na- all lining the Florida Keys and then which has interrupted debate time on tives are 200 percent more likely to die right up the east coast of the State of this important bill. from diabetes, more than 500 percent Florida. The caucuses are discussing some more likely to die from alcoholism, I have written to the President today final issues, and I will be developing a and approximately 500 percent more asking him to recall the letter. The let- list of amendments that we should con- likely to die from tuberculosis. ter has been delivered by the State De- sider relating to this legislation. I hope I was disappointed to hear one of my partment to the Swiss Embassy, but it these conversations continue so we find colleagues say yesterday on the floor has not been responded to by the Gov- a way to complete the bill in a timely that American lives do not depend on ernment of Cuba. It is not too late to and efficient manner. whether we pass the Indian health care withdraw that letter from the United As an original cosponsor of the In- bill by the end of the month. The stag- States Government setting that bound- dian health bill, I am committed to gering health statistics I cited earlier ary, and instead a new letter should be seeing an Indian health bill signed into show just how imperative it is that we

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S178 CONGRESSIONAL RECORD — SENATE January 23, 2008 pass this legislation, which is long posed zeroing out the urban Indian pro- the Indian healthcare programs. For overdue. These statistics also help il- gram in past budgets, and I fear that too long, we have neglected our duty to lustrate the vast amount of work that this year’s upcoming budget will be no review this program and ensure that it needs to be done to improve the quality different. As in years past, I will join continues to efficiently deliver high of health care in American Indian com- with my colleagues in efforts to restore quality health care. As a part of that munities. This piece of legislation funding for urban Indian programs to effort, last Congress Senator MCCAIN, takes an important first step toward the Federal budget, and I hope this Senator DORGAN, Senator MURKOWSKI, addressing these health care disparities year we can also provide a much need- and I introduced comprehensive legis- through the many reforms it makes to ed boost in funding for the urban In- lation to do just that. I am pleased Indian health care programs. Contrary dian programs. that a great portion of the bill we are to what my colleague asserted yester- While this bill is a good first step to- discussing today includes provisions day, American lives do depend on this wards reforming and improving access from that bill, S. 4122. legislation. Modernizing Indian Health to health care in Indian Country, I also In crafting that legislation last Con- Services programs through this legisla- look forward to working with my col- gress, we kept in mind the 80–20 rule. tion will help to address the diabetes leagues to examine better ways to ad- Eighty percent of the time we were and suicide crises that exist on reserva- dress the disparities that exist in the going to agree on a topic. It is only 20 tions—just two examples of the many funding allocated to various IHS re- percent that we are going to disagree. health care issues that impact the gions, including the Bemidji region, Therefore, to gain broad support, we fo- daily lives of American Indians across which covers Wisconsin, Minnesota, cused on the 80 percent to ensure that the country. Michigan, Indiana, and Illinois. Ac- it was strong, bipartisan legislation. Reauthorization of this bill will help cording to the latest available data However, there are a few ways in encourage health care providers to compiled by the Great Lakes Inter- which the bill before us deviates from practice at facilities in Indian Country Tribal Epidemiology Center, the the language in S. 4122. Sometimes, and encourage American Indians to Bemidji Indian Health service area has those changes are improvements as we enter the health care profession and lower funding rates than other Indian all review the language again. Unfortu- serve their communities. Recruiting Health Service areas around the coun- nately, some issues still remain. talented and dedicated professionals to try. Even though the Bemidji region’s Those issues include Federal liability serve in IHS facilities, whether urban funding rates are lower than other coverage for traditional healthcare or rural, is a key challenge facing areas, the region has higher rates of practices. If we don’t correct this, the many tribal communities in Wisconsin heart disease and cancer than other re- Federal Government could be telling and around the country. I hope these gions and has the second worst diabe- Americans how to practice their own provisions will help bring additional tes rate in the IHS system. Not only do religious beliefs. In addition, we need dedicated doctors, nurses, and other we need to provide more funding for all to more fully understand the appro- health care professionals to our tribal IHS regions, we also need to better ad- priate role for providing services to populations. dress disparities that exist within the urban Indians. I do think there is mid- dle ground, or a third way—as I like to This bill also reauthorizes programs system, and I look forward to working call it—to be found. In addition, there that assist urban Indian organizations with my colleagues in the coming must be an appropriate offset to the with providing health care to American months to address those disparities. Indians living in urban centers around This bill is a solid first step toward legislation. Given the pay-go rules in the country. The Urban Indian Health improving access to health care in In- both Chambers, in addition to our own Program represents a tiny fraction of dian Country. Unfortunately, the Sen- Senate procedural hurdles, it is nec- the Indian Health Services budget, but ate was not able to finish work on this essary and fiscally appropriate to have the small amount of resources given to important bill before we had to move a responsible offset. I have also heard from my colleagues the urban programs provide critical to debate another matter. I understand that there are at least two outstanding health services to those Indians living the majority leader has made a com- issues within the Finance Committee’s in urban areas. Contrary to what some mitment to return to the Indian health title of this legislation. I hope those people may think, the majority of care bill after we finish that other de- can also be discussed and resolved. Spe- American Indians now live in urban bate, and I look forward to working cifically, the concerns center around areas around the country, including with my colleagues to pass the Amer- the elimination of Medicaid copays and two urban areas in my State—Mil- ican Indian Health Care Improvement removal of particular citizenship re- waukee and Green Bay. Throughout Act Amendments of 2007 in the near fu- quirements. our Nation’s history, some American ture. We need to move forward on this As the optimist and the Senator ad- Indians came to urban centers volun- critical bill, and I urge all my col- vocating for the ‘‘third way,’’ I am tarily, but many were forcibly sent to leagues, whether Republican or Demo- hopeful that we all can continue dis- urban areas as a result of wrongheaded crat, to work together quickly to en- cussing these issues and come to an Federal Indian policy in the 1950s and sure its swift passage. agreement as to how we move forward. 1960s and have since stayed in urban Indian Country has made many com- Individuals depending on the Indian areas and planted roots in these com- promises in order to move this bill for- Health Services for their health care munities. ward, and passage of this bill is long deserve no less. As a result of this movement to overdue. This bill takes important Mr. WEBB. Madam President, the urban centers, Congress created the steps toward addressing some of the Senate is in the midst of an important urban Indian program in the late 1970s health care needs facing American In- debate to extend and improve health to address the growing urban Indian dian communities around the country, care to our Nation’s federally recog- population around the country. The and I look forward to working with my nized Indian tribes. I support the In- Federal Government’s responsibility to colleagues to build on this legislation dian Health Care Improvement Act and American Indians does not end simply in the coming months and years. I also I commend all those, including the dis- because some American Indians left hope that we can continue to work to- tinguished chairman, Senator DORGAN, their ancestral lands and moved to gether in a bipartisan way to pass the for their work on it. urban locations—particularly when reauthorization of the Native Amer- As we work to extend health care to some of them had little choice in the ican Housing and Self-Determination more Native Americans, some of our matter. Act, work on legislation to address the oldest and most historically significant While this legislation takes impor- education needs of American Indian Indian tribes will be left outside the tant steps toward improving urban In- youth, and address other legislative process, ineligible to participate in ei- dian health care programs, we need to areas in order to help ensure stronger ther the health care services or other do much more to support these urban futures for American Indians through- programs authorized by the Federal programs, including fighting for in- out the country. Government. creased appropriations. I have been dis- Mr. ENZI. Madam President, I rise in I bring to your attention my strong appointed that the President has pro- support of renewing and reinvigorating support of a bill passed last year by the

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S179 U.S. House of Representatives, which cluding the rich history and culture of Sec. 111. Technical and conforming amend- would grant Federal recognition to six Virginia’s tribes. My staff and I asked ments. Native American tribes from the Com- a number of tough questions, and great TITLE I—FOREIGN INTELLIGENCE monwealth of Virginia. That bill is the care and deliberation were put into ar- SURVEILLANCE Thomasina E. Jordan Indian Tribes of riving at this conclusion. SEC. 101. TARGETING THE COMMUNICATIONS OF CERTAIN PERSONS OUTSIDE THE Virginia Federal Recognition Act, H.R. Last year, we celebrated the 400th UNITED STATES. 1294. anniversary of Jamestown America’s (a) IN GENERAL.—The Foreign Intelligence Once the Senate passes that bill and first colony. After 400 years since the Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) the President signs it into law, these founding of Jamestown, these six tribes is amended— six federally recognized tribes would deserve to join our Nation’s other 562 (1) by striking title VII; and become eligible for the benefits con- federally recognized tribes. (2) by adding after title VI the following new ferred under the Indian Health Care As I mentioned, the House over- title: Improvement Act, which the Senate whelming passed the Thomasina E. ‘‘TITLE VII—ADDITIONAL PROCEDURES currently is debating. I hope that the Jordan Indian Tribes of Virginia Fed- FOR TARGETING COMMUNICATIONS OF CERTAIN PERSONS OUTSIDE THE Senate will pass the Indian Health Care eral Recognition Act, with bipartisan UNITED STATES Improvement Act this week. Just as support. Virginia Governor Tim Kaine ‘‘SEC. 701. DEFINITIONS. importantly, I hope that during this and the Virginia legislature support ‘‘In this title: session of Congress, the Senate will Federal recognition for these tribes. I ‘‘(1) IN GENERAL.—The terms ‘agent of a for- pass the Thomasina E. Jordan Indian look forward to working with my col- eign power’, ‘Attorney General’, ‘contents’, Tribes of Virginia Federal Recognition leagues in the Senate, especially those ‘electronic surveillance’, ‘foreign intelligence in- Act, thereby bestowing Federal bene- on the Indian Affairs Committee, to formation’, ‘foreign power’, ‘minimization proce- fits to these six tribes that have waited push for passage of the Thomasina E. dures’, ‘person’, ‘United States’, and ‘United over 15 years for recognition. Jordan Indian Tribes of Virginia Fed- States person’ shall have the meanings given The six tribes affected by the Federal such terms in section 101. eral Recognition Act. ‘‘(2) ADDITIONAL DEFINITIONS.— Recognition Act are (1) the Chicka- At a time when we are debating how ‘‘(A) CONGRESSIONAL INTELLIGENCE COMMIT- hominy Tribe; (2) the Chickahominy to effectively promote Indian health TEES.—The term ‘congressional intelligence com- Indian Tribe—Eastern Division; (3) the care, it is important that we grant mittees’ means— Upper Mattaponi Tribe; (4) the Rappa- these six Virginia tribes the access to ‘‘(i) the Select Committee on Intelligence of hannock Tribe, Inc.; (5) the Monacan these essential Federal health pro- the Senate; and Indian Nation; and (6) the Nansemond ‘‘(ii) the Permanent Select Committee on Intel- grams. ligence of the House of Representatives. Indian Tribe. f ‘‘(B) FOREIGN INTELLIGENCE SURVEILLANCE All six tribes included in the Federal COURT; COURT.—The terms ‘Foreign Intelligence Recognition Act have attempted to FISA AMENDMENTS ACT OF 2007 Surveillance Court’ and ‘Court’ mean the court gain formal recognition through the Mr. REID. Madam President, I call established by section 103(a). Bureau of Indian Affairs, BIA. A lack for the regular order. ‘‘(C) FOREIGN INTELLIGENCE SURVEILLANCE of resources, coupled with unclear The PRESIDING OFFICER. The COURT OF REVIEW; COURT OF REVIEW.—The agency guidelines, have contributed to clerk will report the pending business terms ‘Foreign Intelligence Surveillance Court of Review’ and ‘Court of Review’ mean the court a backlog that currently exists at the by title. established by section 103(b). BIA. Some applications for recognition The assistant legislative clerk read ‘‘(D) ELECTRONIC COMMUNICATION SERVICE can take up to 20 years. as follows: PROVIDER.—The term ‘electronic communication Virginia’s history and policies create A bill (S. 2248) to amend the Foreign Intel- service provider’ means— barriers for Virginia’s Native American ligence Surveillance Act of 1978, to mod- ‘‘(i) a telecommunications carrier, as that term Tribes to meet the BIA criteria for ernize and streamline the provisions of that is defined in section 3 of the Communications Federal recognition. Many Western Act, and for other purposes. Act of 1934 (47 U.S.C. 153); ‘‘(ii) a provider of electronic communications tribes experienced Government neglect The Senate proceeded to consider the service, as that term is defined in section 2510 of during the 20th century, but Virginia’s bill, which had been reported from the title 18, United States Code; story is different. Virginia’s tribes Select Committee on Intelligence and ‘‘(iii) a provider of a remote computing serv- were specifically targeted by unique the Committee on the Judiciary, with ice, as that term is defined in section 2711 of title policies. an amendment to strike all after the 18, United States Code; Virginia was the first State to pass enacting clause and insert in lieu ‘‘(iv) any other communication service pro- vider who has access to wire or electronic com- antimiscegenation laws in 1691, which thereof the following: were not eliminated until 1967. munications either as such communications are SECTION 1. SHORT TITLE; TABLE OF CONTENTS. transmitted or as such communications are Virginia’s Bureau of Vital Statistics (a) SHORT TITLE.—This Act may be cited as stored; or went so far as changing race records on the ‘‘Foreign Intelligence Surveillance Act of ‘‘(v) an officer, employee, or agent of an enti- many birth, death and marriage certifi- 1978 Amendments Act of 2007’’ or the ‘‘FISA ty described in clause (i), (ii), (iii), or (iv). cates. The elimination of racial iden- Amendments Act of 2007’’. ‘‘(E) ELEMENT OF THE INTELLIGENCE COMMU- tity records had a harmful impact on (b) TABLE OF CONTENTS.—The table of con- NITY.—The term ‘element of the intelligence Virginia’s tribes in the late 1990s, when tents for this Act is as follows: community’ means an element of the intelligence they began seeking Federal recogni- Sec. 1. Short title; table of contents. community specified in or designated under sec- tion 3(4) of the National Security Act of 1947 (50 TITLE I—FOREIGN INTELLIGENCE tion. U.S.C. 401a(4)). Moreover, many Virginia counties SURVEILLANCE ‘‘SEC. 702. PROCEDURES FOR ACQUIRING THE suffered tremendous loss of their early Sec. 101. Targeting the communications of cer- COMMUNICATIONS OF CERTAIN PER- records during the intense military ac- tain persons outside the United SONS OUTSIDE THE UNITED STATES. tivity that occurred during the Civil States. ‘‘(a) AUTHORIZATION.—Notwithstanding any War. Sec. 102. Statement of exclusive means by which other provision of law, including title I, the At- After meeting with leaders of Vir- electronic surveillance and inter- torney General and the Director of National In- ception of certain communications ginia’s Indian tribes and months of telligence may authorize jointly, for periods of may be conducted. up to 1 year, the targeting of persons reasonably thorough investigation of the facts, I Sec. 103. Submittal to Congress of certain court believed to be located outside the United States concluded that legislative action is orders under the Foreign Intel- to acquire foreign intelligence information. needed for recognition of Virginia’s ligence Surveillance Act of 1978. ‘‘(b) LIMITATIONS.—An acquisition authorized tribes. Congressional hearings and re- Sec. 104. Applications for court orders. under subsection (a)— ports over the last several Congresses Sec. 105. Issuance of an order. ‘‘(1) may not intentionally target any person demonstrate the ancestry and status of Sec. 106. Use of information. known at the time of acquisition to be located in these tribes. I have come to the conclu- Sec. 107. Amendments for physical searches. the United States; Sec. 108. Amendments for emergency pen reg- ‘‘(2) may not intentionally target a person sion that this recognition is justified isters and trap and trace devices. reasonably believed to be outside the United based on principles of dignity and fair- Sec. 109. Foreign Intelligence Surveillance States if a significant purpose of such acquisi- ness. I have spent several months ex- Court. tion is to acquire the communications of a spe- amining this issue in great detail, in- Sec. 110. Review of previous actions. cific person reasonably believed to be located in

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the United States, except in accordance with ‘‘(i) IN GENERAL.—The Foreign Intelligence ‘‘(A) SUBMITTAL TO FOREIGN INTELLIGENCE title I; and Surveillance Court shall review the minimiza- SURVEILLANCE COURT.—Not later than 30 days ‘‘(3) shall be conducted in a manner consistent tion procedures applicable to dissemination of after the date of the enactment of the FISA with the fourth amendment to the Constitution information obtained through an acquisition Amendments Act of 2007, the Attorney General of the United States. authorized under subparagraph (A) to assess shall submit to the Foreign Intelligence Surveil- ‘‘(c) UNITED STATES PERSONS LOCATED OUT- whether such procedures meet the definition of lance Court the procedures to be used in deter- SIDE THE UNITED STATES.— minimization procedures under section 101(h) mining whether a target reasonably believed to ‘‘(1) ACQUISITION INSIDE THE UNITED STATES with respect to dissemination. be outside the United States is a United States OF UNITED STATES PERSONS OUTSIDE THE UNITED ‘‘(ii) REVIEW.—The Court shall issue an order person. STATES.—An acquisition authorized under sub- approving the procedures applicable to dissemi- ‘‘(B) REVIEW BY FOREIGN INTELLIGENCE SUR- section (a) that constitutes electronic surveil- nation as submitted or as modified to comply VEILLANCE COURT.—The Foreign Intelligence lance and occurs inside the United States may with section 101(h). Surveillance Court shall review, the procedures not intentionally target a United States person ‘‘(iii) PROCEDURES DO NOT MEET DEFINITION.— submitted under subparagraph (A), and shall reasonably believed to be outside the United If the Court determines that the procedures ap- approve those procedures if they are reasonably States, except in accordance with the procedures plicable to dissemination of information ob- designed to determine whether a target reason- under title I. tained through an acquisition authorized under ably believed to be outside the United States is ‘‘(2) ACQUISITION OUTSIDE THE UNITED STATES subparagraph (A) do not meet the definition of a United States person. If the Court concludes OF UNITED STATES PERSONS OUTSIDE THE UNITED minimization procedures under section 101(h) otherwise, the Court shall enter an order so STATES.— with respect to dissemination, it shall enter an stating and provide a written statement for the ‘‘(A) IN GENERAL.—An acquisition by an elec- order so stating and provide a written statement record of the reasons for such determination. tronic, mechanical, or other surveillance device for the record of the reasons for such determina- The Government may appeal such an order to outside the United States may not intentionally tion. The Government may appeal an order the Foreign Intelligence Surveillance Court of target a United States person reasonably be- under this clause to the Foreign Intelligence Review. lieved to be outside the United States to acquire Surveillance Court of Review. ‘‘(C) USE IN TARGETING.—Any targeting of the contents of a wire or radio communication ‘‘(D) EMERGENCY PROCEDURES.— persons reasonably believed to be located outside sent by or intended to be received by that ‘‘(i) IN GENERAL.—Notwithstanding any other the United States shall use the procedures ap- United States person under circumstances in provision of this paragraph, the Attorney Gen- proved by the Foreign Intelligence Surveillance which a person has reasonable expectation of eral may authorize the emergency employment Court under subparagraph (B). Any new or privacy and a warrant would be required for of an acquisition under subparagraph (A) if the amended procedures may be used with respect to law enforcement purposes if the technique were Attorney General— the targeting of persons reasonably believed to used inside the United States unless— ‘‘(I) reasonably determines that— be located outside the United States upon ap- ‘‘(i) the Foreign Intelligence Surveillance ‘‘(aa) an emergency situation exists with re- proval of the new or amended procedures by the Court has entered an order approving electronic spect to the employment of an acquisition under Court, which shall review such procedures surveillance of that United States person under subparagraph (A) before a determination of under paragraph (B). section 105, or in the case of an emergency situ- probable cause can with due diligence be ob- ‘‘(4) TRANSITION PROCEDURES CONCERNING THE ation, electronic surveillance against the target tained; and TARGETING OF UNITED STATES PERSONS OVER- is being conducted in a manner consistent with ‘‘(bb) the factual basis for issuance of a deter- SEAS.—Any authorization in effect on the date title I; or mination under subparagraph (B) to approve of enactment of the FISA Amendments Act of ‘‘(ii)(I) the Foreign Intelligence Surveillance such an acquisition exists; 2007 under section 2.5 of Executive Order 12333 Court has entered a order under subparagraph ‘‘(II) informs a judge of the Foreign Intel- to intentionally target a United States person (B) that there is probable cause to believe that ligence Surveillance Court at the time of such reasonably believed to be located outside the the United States person is a foreign power or authorization that the decision has been made United States, to acquire the contents of a wire an agent of a foreign power; to employ an emergency acquisition; or radio communication sent by or intended to ‘‘(II) the Attorney General has established ‘‘(III) submits a request in accordance with be received by that United States person, shall minimization procedures for that acquisition subparagraph (B) to the judge notified under remain in effect, and shall constitute a suffi- that meet the definition of minimization proce- subclause (II) as soon as practicable, but later cient basis for conducting such an acquisition of dures under section 101(h); and than 72 hours after the Attorney General au- a United States person located outside the ‘‘(III) the dissemination provisions of the thorizes such an acquisition; and United States, until that authorization expires minimization procedures described in subclause ‘‘(IV) requires that minimization procedures or 90 days after the date of enactment of the (II) have been approved under subparagraph meeting the definition of minimization proce- FISA Amendments Act of 2007, whichever is ear- (C). dures under section 101(h) be followed. lier. ‘‘(ii) TERMINATION.—In the absence of a judi- ‘‘(B) PROBABLE CAUSE DETERMINATION; RE- ‘‘(d) CONDUCT OF ACQUISITION.—An acquisi- VIEW.— cial determination finding probable cause to be- tion authorized under subsection (a) may be ‘‘(i) IN GENERAL.—The Attorney General may lieve that the United States person that is the conducted only in accordance with— submit to the Foreign Intelligence Surveillance subject of an emergency employment of an ac- ‘‘(1) a certification made by the Attorney Gen- Court the determination of the Attorney Gen- quisition under clause (i) is a foreign power or eral and the Director of National Intelligence eral, together with any supporting affidavits, an agent of a foreign power, the emergency em- pursuant to subsection (g); and that a United States person who is outside the ployment of an acquisition under clause (i) shall ‘‘(2) the targeting and minimization proce- United States is a foreign power or an agent of terminate when the information sought is ob- dures required pursuant to subsections (e) and a foreign power. tained, when the request for a determination is (f). ‘‘(ii) REVIEW.—The Court shall review, any denied, or after the expiration of 72 hours from ‘‘(e) TARGETING PROCEDURES.— probable cause determination submitted by the the time of authorization by the Attorney Gen- ‘‘(1) REQUIREMENT TO ADOPT.—The Attorney Attorney General under this subparagraph. The eral, whichever is earliest. General, in consultation with the Director of review under this clause shall be limited to ‘‘(iii) USE OF INFORMATION.—If the Court de- National Intelligence, shall adopt targeting pro- whether, on the basis of the facts submitted by termines that there is not probable cause to be- cedures that are reasonably designed to ensure the Attorney General, there is probable cause to lieve that a United States is a foreign power or that any acquisition authorized under sub- believe that the United States person who is out- an agent of a foreign power in response to a re- section (a) is limited to targeting persons reason- side the United States is a foreign power or an quest for a determination under clause (i)(III), ably believed to be located outside the United agent of a foreign power. or in any other case where the emergency em- States, and that an application is filed under ‘‘(iii) ORDER.—If the Court, after conducting ployment of an acquisition under this subpara- title I, if otherwise required, when a significant a review under clause (ii), determines that there graph is terminated and no determination find- purpose of an acquisition authorized under sub- is probable cause to believe that the United ing probable cause is issued, no information ob- section (a) is to acquire the communications of States person is a foreign power or an agent of tained or evidence derived from such acquisition a specific person reasonably believed to be lo- a foreign power, the court shall issue an order shall be received in evidence or otherwise dis- cated in the United States. approving the acquisition. An order under this closed in any trial, hearing, or other proceeding ‘‘(2) JUDICIAL REVIEW.—The procedures re- clause shall be effective for 90 days, and may be in or before any court, grand jury, department, ferred to in paragraph (1) shall be subject to ju- renewed for additional 90-day periods. office, agency, regulatory body, legislative com- dicial review pursuant to subsection (i). ‘‘(iv) NO PROBABLE CAUSE.—If the Court, after mittee, or other authority of the United States, ‘‘(f) MINIMIZATION PROCEDURES.— conducting a review under clause (ii), deter- a State, or political subdivision thereof, and no ‘‘(1) REQUIREMENT TO ADOPT.—The Attorney mines that there is not probable cause to believe information concerning any United States per- General, in consultation with the Director of that a United States person is a foreign power son acquired from such acquisition shall subse- National Intelligence, shall adopt, consistent or an agent of a foreign power, it shall enter an quently be used or disclosed in any other man- with the requirements of section 101(h), mini- order so stating and provide a written statement ner by Federal officers or employees without the mization procedures for acquisitions authorized for the record of the reasons for such determina- consent of such person, except with the ap- under subsection (a). tion. The Government may appeal an order proval of the Attorney General if the informa- ‘‘(2) JUDICIAL REVIEW.—The minimization pro- under this clause to the Foreign Intelligence tion indicates a threat of death or serious bodily cedures required by this subsection shall be sub- Surveillance Court of Review. harm to any person. ject to judicial review pursuant to subsection (i). ‘‘(C) REVIEW OF MINIMIZATION PROCEDURES.— ‘‘(3) PROCEDURES.— ‘‘(g) CERTIFICATION.—

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‘‘(1) IN GENERAL.— ‘‘(h) DIRECTIVES.— ‘‘(6) APPEAL.— ‘‘(A) REQUIREMENT.—Subject to subparagraph ‘‘(1) AUTHORITY.—With respect to an acquisi- ‘‘(A) APPEAL TO THE COURT OF REVIEW.—The (B), prior to the initiation of an acquisition au- tion authorized under subsection (a), the Attor- Government or an electronic communication thorized under subsection (a), the Attorney Gen- ney General and the Director of National Intel- service provider receiving a directive issued pur- eral and the Director of National Intelligence ligence may direct, in writing, an electronic suant to paragraph (1) may file a petition with shall provide, under oath, a written certifi- communication service provider to— the Foreign Intelligence Surveillance Court of cation, as described in this subsection. ‘‘(A) immediately provide the Government Review for review of the decision issued pursu- ‘‘(B) EXCEPTION.—If the Attorney General with all information, facilities, or assistance ant to paragraph (4) or (5) not later than 7 days and the Director of National Intelligence deter- necessary to accomplish the acquisition in a after the issuance of such decision. The Court of mine that immediate action by the Government manner that will protect the secrecy of the ac- Review shall have jurisdiction to consider such is required and time does not permit the prepa- quisition and produce a minimum of interference a petition and shall provide a written statement ration of a certification under this subsection with the services that such electronic commu- for the record of the reasons for a decision prior to the initiation of an acquisition, the At- nication service provider is providing to the tar- under this paragraph. torney General and the Director of National In- get; and ‘‘(B) CERTIORARI TO THE SUPREME COURT.— telligence shall prepare such certification, in- ‘‘(B) maintain under security procedures ap- The Government or an electronic communication cluding such determination, as soon as possible proved by the Attorney General and the Direc- service provider receiving a directive issued pur- but in no event more than 168 hours after such tor of National Intelligence any records con- suant to paragraph (1) may file a petition for a determination is made. cerning the acquisition or the aid furnished that writ of certiorari for review of the decision of ‘‘(2) REQUIREMENTS.—A certification made such electronic communication service provider the Court of Review issued under subparagraph under this subsection shall— wishes to maintain. (A). The record for such review shall be trans- ‘‘(A) attest that— ‘‘(2) COMPENSATION.—The Government shall ‘‘(i) there are reasonable procedures in place mitted under seal to the Supreme Court of the compensate, at the prevailing rate, an electronic for determining that the acquisition authorized United States, which shall have jurisdiction to communication service provider for providing in- under subsection (a) is targeted at persons rea- review such decision. formation, facilities, or assistance pursuant to sonably believed to be located outside the United ‘‘(i) JUDICIAL REVIEW.— paragraph (1). ‘‘(1) IN GENERAL.— States and that such procedures have been ap- ‘‘(3) RELEASE FROM LIABILITY.—Notwith- ‘‘(A) REVIEW BY THE FOREIGN INTELLIGENCE proved by, or will promptly be submitted for ap- standing any other law, no cause of action shall SURVEILLANCE COURT.—The Foreign Intelligence proval by, the Foreign Intelligence Surveillance lie in any court against any electronic commu- Surveillance Court shall have jurisdiction to re- Court pursuant to subsection (i); ‘‘(ii) the procedures referred to in clause (i) nication service provider for providing any in- view any certification required by subsection (d) are consistent with the requirements of the formation, facilities, or assistance in accordance or targeting and minimization procedures adopt- fourth amendment to the Constitution of the with a directive issued pursuant to paragraph ed pursuant to subsections (e) and (f). United States and do not permit the intentional (1). ‘‘(B) SUBMISSION TO THE COURT.—The Attor- targeting of any person who is known at the ‘‘(4) CHALLENGING OF DIRECTIVES.— ney General shall submit to the Court any such time of acquisition to be located in the United ‘‘(A) AUTHORITY TO CHALLENGE.—An elec- certification or procedure, or amendment there- States; tronic communication service provider receiving to, not later than 5 days after making or amend- ‘‘(iii) the procedures referred to in clause (i) a directive issued pursuant to paragraph (1) ing the certification or adopting or amending require that an application is filed under title I, may challenge the directive by filing a petition the procedures. if otherwise required, when a significant pur- with the Foreign Intelligence Surveillance ‘‘(2) CERTIFICATIONS.—The Court shall review pose of an acquisition authorized under sub- Court. a certification provided under subsection (g) to section (a) is to acquire the communications of ‘‘(B) ASSIGNMENT.—The presiding judge of the determine whether the certification contains all a specific person reasonably believed to be lo- Court shall assign the petition filed under sub- the required elements. cated in the United States; paragraph (A) to 1 of the judges serving in the ‘‘(3) TARGETING PROCEDURES.—The Court ‘‘(iv) a significant purpose of the acquisition pool established by section 103(e)(1) not later shall review the targeting procedures required is to obtain foreign intelligence information; than 24 hours after the filing of the petition. by subsection (e) to assess whether the proce- ‘‘(v) the minimization procedures to be used ‘‘(C) STANDARDS FOR REVIEW.—A judge con- dures are reasonably designed to ensure that the with respect to such acquisition— sidering a petition to modify or set aside a direc- acquisition authorized under subsection (a) is ‘‘(I) meet the definition of minimization proce- tive may grant such petition only if the judge limited to the targeting of persons reasonably dures under section 101(h); and finds that the directive does not meet the re- believed to be located outside the United States, ‘‘(II) have been approved by, or will promptly quirements of this section or is otherwise unlaw- and are reasonably designed to ensure that an be submitted for approval by, the Foreign Intel- ful. If the judge does not modify or set aside the application is filed under title I, if otherwise re- ligence Surveillance Court pursuant to sub- directive, the judge shall immediately affirm quired, when a significant purpose of an acqui- section (i); such directive, and order the recipient to comply sition authorized under subsection (a) is to ac- ‘‘(vi) the acquisition involves obtaining the with the directive. The judge shall provide a quire the communications of a specific person foreign intelligence information from or with the written statement for the record of the reasons reasonably believed to be located in the United assistance of an electronic communication serv- for a determination under this paragraph. States. ice provider; and ‘‘(D) CONTINUED EFFECT.—Any directive not ‘‘(4) MINIMIZATION PROCEDURES.—The Court ‘‘(vii) the acquisition is limited to communica- explicitly modified or set aside under this para- shall review the minimization procedures re- tions to which at least 1 party is a specific indi- graph shall remain in full effect. quired by subsection (f) to assess whether such vidual target who is reasonably believed to be ‘‘(5) ENFORCEMENT OF DIRECTIVES.— procedures meet the definition of minimization located outside of the United States, and a sig- ‘‘(A) ORDER TO COMPEL.—In the case of a fail- procedures under section 101(h). nificant purpose of the acquisition of the com- ure to comply with a directive issued pursuant ‘‘(5) ORDERS.— munications of any target is to obtain foreign to paragraph (1), the Attorney General may file ‘‘(A) APPROVAL.—If the Court finds that a intelligence information; and a petition for an order to compel compliance certification required by subsection (g) contains ‘‘(B) be supported, as appropriate, by the affi- with the directive with the Foreign Intelligence all of the required elements and that the tar- davit of any appropriate official in the area of Surveillance Court. geting and minimization procedures required by national security who is— ‘‘(B) ASSIGNMENT.—The presiding judge of the ‘‘(i) appointed by the President, by and with subsections (e) and (f) are consistent with the Court shall assign a petition filed under sub- the consent of the Senate; or requirements of those subsections and with the ‘‘(ii) the head of any element of the intel- paragraph (A) to 1 of the judges serving in the fourth amendment to the Constitution of the ligence community. pool established by section 103(e)(1) not later United States, the Court shall enter an order ‘‘(3) LIMITATION.—A certification made under than 24 hours after the filing of the petition. approving the continued use of the procedures this subsection is not required to identify the ‘‘(C) STANDARDS FOR REVIEW.—A judge con- for the acquisition authorized under subsection specific facilities, places, premises, or property sidering a petition shall issue an order requiring (a). at which the acquisition authorized under sub- the electronic communication service provider to ‘‘(B) CORRECTION OF DEFICIENCIES.— section (a) will be directed or conducted. comply with the directive if the judge finds that ‘‘(i) IN GENERAL.—If the Court finds that a ‘‘(4) SUBMISSION TO THE COURT.—The Attor- the directive was issued in accordance with certification required by subsection (g) does not ney General shall transmit a copy of a certifi- paragraph (1), meets the requirements of this contain all of the required elements, or that the cation made under this subsection, and any section, and is otherwise lawful. The judge shall procedures required by subsections (e) and (f) supporting affidavit, under seal to the Foreign provide a written statement for the record of the are not consistent with the requirements of Intelligence Surveillance Court as soon as pos- reasons for a determination under this para- those subsections or the fourth amendment to sible, but in no event more than 5 days after graph. the Constitution of the United States, the Court such certification is made. Such certification ‘‘(D) CONTEMPT OF COURT.—Failure to obey shall issue an order directing the Government shall be maintained under security measures an order of the Court issued under this para- to, at the Government’s election and to the ex- adopted by the Chief Justice of the United graph may be punished by the Court as con- tent required by the Court’s order— States and the Attorney General, in consulta- tempt of court. ‘‘(I) correct any deficiency identified by the tion with the Director of National Intelligence. ‘‘(E) PROCESS.—Any process under this para- Court’s order not later than 30 days after the ‘‘(5) REVIEW.—The certification required by graph may be served in any judicial district in date the Court issues the order; or this subsection shall be subject to judicial review which the electronic communication service pro- ‘‘(II) cease the acquisition authorized under pursuant to subsection (i). vider may be found. subsection (a).

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‘‘(ii) LIMITATION ON USE OF INFORMATION.— upon request of the Government, review ex parte ‘‘(A) SEMIANNUAL REPORT.—Not less fre- ‘‘(I) IN GENERAL.—Except as provided in sub- and in camera any Government submission, or quently than once every 6 months, the Attorney clause (II), no information obtained or evidence portions of a submission, which may include General shall fully inform, in a manner con- derived from an acquisition under clause (i)(I) classified information. sistent with national security, the congressional shall be received in evidence or otherwise dis- ‘‘(3) RETENTION OF RECORDS.—A directive intelligence committees, the Committee on the closed in any trial, hearing, or other proceeding made or an order granted under this section Judiciary of the Senate, and the Committee on in or before any court, grand jury, department, shall be retained for a period of not less than 10 the Judiciary of the House of Representatives, office, agency, regulatory body, legislative com- years from the date on which such directive or concerning the implementation of this Act. mittee, or other authority of the United States, such order is made. ‘‘(B) CONTENT.—Each report made under sub- a State, or political subdivision thereof, and no ‘‘(l) OVERSIGHT.— paragraph (A) shall include— information concerning any United States per- ‘‘(1) SEMIANNUAL ASSESSMENT.—Not less fre- ‘‘(i) any certifications made under subsection son acquired from such acquisition shall subse- quently than once every 6 months, the Attorney (g) during the reporting period; quently be used or disclosed in any other man- General and Director of National Intelligence ‘‘(ii) any directives issued under subsection ner by Federal officers or employees without the shall assess compliance with the targeting and (h) during the reporting period; consent of such person, except with the ap- minimization procedures required by subsections ‘‘(iii) the judicial review during the reporting proval of the Attorney General if the informa- (c), (e), and (f) and shall submit each such as- period of any such certifications and targeting tion indicates a threat of death or serious bodily sessment to— and minimization procedures utilized with re- harm to any person. ‘‘(A) the Foreign Intelligence Surveillance spect to such acquisition, including a copy of ‘‘(II) EXCEPTION.—If the Government corrects Court; and any order or pleading in connection with such any deficiency identified by the Court’s order ‘‘(B) the congressional intelligence commit- review that contains a significant legal interpre- under clause (i), the Court may permit the use tees. tation of the provisions of this Act; or disclosure of information acquired before the ‘‘(2) AGENCY ASSESSMENT.—The Inspectors ‘‘(iv) any actions taken to challenge or en- date of the correction pursuant to such mini- General of the Department of Justice and of any force a directive under paragraphs (4) or (5) of mization procedures as the Court shall establish element of the intelligence community author- subsections (h); for purposes of this clause. ized to acquire foreign intelligence information ‘‘(v) any compliance reviews conducted by the ‘‘(C) REQUIREMENT FOR WRITTEN STATE- under subsection (a)— Department of Justice or the Office of the Direc- ‘‘(A) are authorized to review the compliance MENT.—In support of its orders under this sub- tor of National Intelligence of acquisitions au- of their agency or element with the targeting section, the Court shall provide, simultaneously thorized under subsection (a); and minimization procedures required by sub- with the orders, for the record a written state- ‘‘(vi) a description of any incidents of non- sections (c), (e), and (f); ment of its reasons. compliance with a directive issued by the Attor- ‘‘(B) with respect to acquisitions authorized ‘‘(6) APPEAL.— ney General and the Director of National Intel- ‘‘(A) APPEAL TO THE COURT OF REVIEW.—The under subsection (a), shall review the number of ligence under subsection (h), including— Government may appeal any order under this disseminated intelligence reports containing a ‘‘(I) incidents of noncompliance by an element section to the Foreign Intelligence Surveillance reference to a United States person identity and of the intelligence community with procedures Court of Review, which shall have jurisdiction the number of United States person identities adopted pursuant to subsections (c), (e), and (f); to review such order. For any decision affirm- subsequently disseminated by the element con- and ing, reversing, or modifying an order of the For- cerned in response to requests for identities that ‘‘(II) incidents of noncompliance by a speci- eign Intelligence Surveillance Court, the Court were not referred to by name or title in the origi- fied person to whom the Attorney General and of Review shall provide for the record a written nal reporting; Director of National Intelligence issued a direc- statement of its reasons. ‘‘(C) with respect to acquisitions authorized tive under subsection (h); ‘‘(B) STAY PENDING APPEAL.—The Government under subsection (a), shall review the number of may move for a stay of any order of the Foreign targets that were later determined to be located ‘‘(vii) any procedures implementing this sec- Intelligence Surveillance Court under para- in the United States and the number of persons tion; and graph (5)(B)(i) pending review by the Court en located in the United States whose communica- ‘‘(viii) any annual review conducted pursuant banc or pending appeal to the Foreign Intel- tions were reviewed; and to paragraph (3). ligence Surveillance Court of Review. ‘‘(D) shall provide each such review to— ‘‘SEC. 703. USE OF INFORMATION ACQUIRED ‘‘(C) CERTIORARI TO THE SUPREME COURT.— ‘‘(i) the Attorney General; UNDER SECTION 702. The Government may file a petition for a writ of ‘‘(ii) the Director of National Intelligence; and ‘‘Information acquired from an acquisition certiorari for review of a decision of the Court of ‘‘(iii) the congressional intelligence commit- conducted under section 702 shall be deemed to Review issued under subparagraph (A). The tees. be information acquired from an electronic sur- record for such review shall be transmitted ‘‘(3) ANNUAL REVIEW.— veillance pursuant to title I for purposes of sec- under seal to the Supreme Court of the United ‘‘(A) REQUIREMENT TO CONDUCT.—The head of tion 106, except for the purposes of subsection (j) States, which shall have jurisdiction to review an element of the intelligence community con- of such section.’’. such decision. ducting an acquisition authorized under sub- (b) TABLE OF CONTENTS.—The table of con- ‘‘(7) COMPLIANCE REVIEW.—The Court may re- section (a) shall direct the element to conduct tents in the first section of the Foreign Intel- view and assess compliance with the minimiza- an annual review to determine whether there is ligence Surveillance Act of 1978 (50 U.S.C. 1801 tion procedures submitted to the Court pursuant reason to believe that foreign intelligence infor- et seq.) is amended— to subsections (c) and (f) by reviewing the semi- mation has been or will be obtained from the ac- (1) by striking the item relating to title VII; annual assessments submitted by the Attorney quisition. The annual review shall provide, with (2) by striking the item relating to section 701; General and the Director of National Intel- respect to such acquisitions authorized under and ligence pursuant to subsection (l)(1) with respect subsection (a)— (3) by adding at the end the following: ‘‘(i) an accounting of the number of dissemi- to compliance with minimization procedures. In ‘‘TITLE VII—ADDITIONAL PROCEDURES nated intelligence reports containing a reference conducting a review under this paragraph, the FOR TARGETING COMMUNICATIONS OF to a United States person identity; Court may, to the extent necessary, require the CERTAIN PERSONS OUTSIDE THE ‘‘(ii) an accounting of the number of United Government to provide additional information UNITED STATES regarding the acquisition, retention, or dissemi- States person identities subsequently dissemi- ‘‘Sec. 701. Definitions. nation of information concerning United States nated by that element in response to requests for ‘‘Sec. 702. Procedures for acquiring the commu- persons during the course of an acquisition au- identities that were not referred to by name or nications of certain persons out- thorized under subsection (a). title in the original reporting; and side the United States. ‘‘(8) REMEDIAL AUTHORITY.—The Foreign In- ‘‘(iii) the number of targets that were later de- telligence Surveillance Court shall have author- termined to be located in the United States and ‘‘Sec. 703. Use of information acquired under ity to fashion remedies as necessary to enforce— the number of persons located in the United section 702.’’. ‘‘(A) any order issued under this section; and States whose communications were reviewed. (c) SUNSET.— ‘‘(B) compliance with any such order. ‘‘(B) USE OF REVIEW.—The head of each ele- (1) IN GENERAL.—Except as provided in para- ‘‘(j) JUDICIAL PROCEEDINGS.—Judicial pro- ment of the intelligence community that con- graph (2), the amendments made by subsections ceedings under this section shall be conducted ducts an annual review under subparagraph (A) (a)(2) and (b) shall cease to have effect on De- as expeditiously as possible. shall use each such review to evaluate the ade- cember 31, 2011. ‘‘(k) MAINTENANCE OF RECORDS.— quacy of the minimization procedures utilized (2) CONTINUING APPLICABILITY.—Section ‘‘(1) STANDARDS.—A record of a proceeding by such element or the application of the mini- 702(h)(3) of the Foreign Intelligence Surveil- under this section, including petitions filed, or- mization procedures to a particular acquisition lance Act of 1978 (as amended by subsection (a)) ders granted, and statements of reasons for deci- authorized under subsection (a). shall remain in effect with respect to any direc- sion, shall be maintained under security meas- ‘‘(C) PROVISION OF REVIEW TO FOREIGN INTEL- tive issued pursuant to section 702(h) of that Act ures adopted by the Chief Justice of the United LIGENCE SURVEILLANCE COURT.—The head of (as so amended) during the period such directive States, in consultation with the Attorney Gen- each element of the intelligence community that was in effect. The use of information acquired eral and the Director of National Intelligence. conducts an annual review under subparagraph by an acquisition conducted under section 702 of ‘‘(2) FILING AND REVIEW.—All petitions under (A) shall provide such review to the Foreign In- that Act (as so amended) shall continue to be this section shall be filed under seal. In any pro- telligence Surveillance Court. governed by the provisions of section 703 of that ceedings under this section, the court shall, ‘‘(4) REPORTS TO CONGRESS.— Act (as so amended).

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 6333 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S183 SEC. 102. STATEMENT OF EXCLUSIVE MEANS BY decision, order, or opinion, that was issued dur- ‘‘(2) If the Attorney General authorizes the WHICH ELECTRONIC SURVEILLANCE ing the 5-year period ending on the date of the emergency employment of electronic surveillance AND INTERCEPTION OF CERTAIN enactment of the FISA Amendments Act of 2007 under paragraph (1), the Attorney General shall COMMUNICATIONS MAY BE CON- DUCTED. and not previously submitted in a report under require that the minimization procedures re- (a) STATEMENT OF EXCLUSIVE MEANS.—Title I subsection (a).’’. quired by this title for the issuance of a judicial of the Foreign Intelligence Surveillance Act of SEC. 104. APPLICATIONS FOR COURT ORDERS. order be followed. 1978 (50 U.S.C. 1801 et seq.) is amended by add- Section 104 of the Foreign Intelligence Surveil- ‘‘(3) In the absence of a judicial order approv- ing at the end the following new section: lance Act of 1978 (50 U.S.C. 1804) is amended— ing such electronic surveillance, the surveillance ‘‘STATEMENT OF EXCLUSIVE MEANS BY WHICH (1) in subsection (a)— shall terminate when the information sought is ELECTRONIC SURVEILLANCE AND INTERCEPTION (A) by striking paragraphs (2) and (11); obtained, when the application for the order is OF CERTAIN COMMUNICATIONS MAY BE CON- (B) by redesignating paragraphs (3) through denied, or after the expiration of 168 hours from DUCTED (10) as paragraphs (2) through (9), respectively; the time of authorization by the Attorney Gen- ‘‘SEC. 112. (a) This Act shall be the exclusive (C) in paragraph (5), as redesignated by sub- eral, whichever is earliest. means for targeting United States persons for paragraph (B) of this paragraph, by striking ‘‘(4) A denial of the application made under the purpose of acquiring their communications ‘‘detailed’’; this subsection may be reviewed as provided in or communications information for foreign intel- (D) in paragraph (6), as redesignated by sub- section 103. ligence purposes, whether such persons are in- paragraph (B) of this paragraph, in the matter ‘‘(5) In the event that such application for ap- side the United States or outside the United preceding subparagraph (A)— proval is denied, or in any other case where the States, except in cases where specific statutory (i) by striking ‘‘Affairs or’’ and inserting ‘‘Af- electronic surveillance is terminated and no authorization exists to obtain communications fairs,’’; and order is issued approving the surveillance, no information without an order under this Act. (ii) by striking ‘‘Senate—’’ and inserting information obtained or evidence derived from ‘‘(b) Chapters 119 and 121 of title 18, United ‘‘Senate, or the Deputy Director of the Federal such surveillance shall be received in evidence States Code, and this Act shall be the exclusive Bureau of Investigation, if the Director of the or otherwise disclosed in any trial, hearing, or means by which electronic surveillance and the Federal Bureau of Investigation is unavail- other proceeding in or before any court, grand interception of domestic wire, oral, or electronic able—’’; jury, department, office, agency, regulatory communications may be conducted. (E) in paragraph (7), as redesignated by sub- body, legislative committee, or other authority of ‘‘(c) Subsections (a) and (b) shall apply unless paragraph (B) of this paragraph, by striking the United States, a State, or political subdivi- specific statutory authorization for electronic ‘‘statement of’’ and inserting ‘‘summary state- sion thereof, and no information concerning surveillance, other than as an amendment to ment of’’; any United States person acquired from such this Act, is enacted. Such specific statutory au- (F) in paragraph (8), as redesignated by sub- surveillance shall subsequently be used or dis- thorization shall be the only exception to sub- paragraph (B) of this paragraph, by adding closed in any other manner by Federal officers section (a) and (b).’’. ‘‘and’’ at the end; and or employees without the consent of such per- (b) CONFORMING AMENDMENTS.— (G) in paragraph (9), as redesignated by sub- son, except with the approval of the Attorney (1) IN GENERAL.—Section 2511(2)(a) of title 18, paragraph (B) of this paragraph, by striking ‘‘; General if the information indicates a threat of United States Code, is amended by adding at the and’’ and inserting a period; death or serious bodily harm to any person. end the following: (2) by striking subsection (b); ‘‘(6) The Attorney General shall assess compli- ‘‘(iii) A certification under subparagraph (3) by redesignating subsections (c) through ance with the requirements of paragraph (5).’’; (ii)(B) for assistance to obtain foreign intel- (e) as subsections (b) through (d), respectively; and ligence information shall identify the specific and (7) by adding at the end the following: provision of the Foreign Intelligence Surveil- (4) in paragraph (1)(A) of subsection (d), as ‘‘(i) In any case in which the Government lance Act of 1978 (50 U.S.C. 1801 et seq.) that redesignated by paragraph (3) of this sub- makes an application to a judge under this title provides an exception from providing a court section, by striking ‘‘or the Director of National to conduct electronic surveillance involving order, and shall certify that the statutory re- Intelligence’’ and inserting ‘‘the Director of Na- communications and the judge grants such ap- quirements of such provision have been met.’’. tional Intelligence, or the Director of the Cen- plication, upon the request of the applicant, the (2) TABLE OF CONTENTS.—The table of con- tral Intelligence Agency’’. judge shall also authorize the installation and tents in the first section of the Foreign Intel- SEC. 105. ISSUANCE OF AN ORDER. use of pen registers and trap and trace devices, ligence Surveillance Act of 1978 (50 U.S.C. 1801 Section 105 of the Foreign Intelligence Surveil- and direct the disclosure of the information set et seq.) is amended by adding after the item re- lance Act of 1978 (50 U.S.C. 1805) is amended— forth in section 402(d)(2).’’. lating to section 111, the following: (1) in subsection (a)— SEC. 106. USE OF INFORMATION. ‘‘Sec. 112. Statement of exclusive means by (A) by striking paragraph (1); and Subsection (i) of section 106 of the Foreign In- which electronic surveillance and (B) by redesignating paragraphs (2) through telligence Surveillance Act of 1978 (8 U.S.C. interception of certain commu- (5) as paragraphs (1) through (4), respectively; 1806) is amended by striking ‘‘radio communica- (2) in subsection (b), by striking ‘‘(a)(3)’’ and nications may be conducted.’’. tion’’ and inserting ‘‘communication’’. (c) OFFENSE.—Section 109(a) of the Foreign inserting ‘‘(a)(2)’’; (3) in subsection (c)(1)— SEC. 107. AMENDMENTS FOR PHYSICAL Intelligence Surveillance Act of 1978 (50 U.S.C. SEARCHES. 1809(a)) is amended by striking ‘‘authorized by (A) in subparagraph (D), by adding ‘‘and’’ at the end; (a) APPLICATIONS.—Section 303 of the Foreign statute’’ each place it appears in such section Intelligence Surveillance Act of 1978 (50 U.S.C. and inserting ‘‘authorized by this title or chap- (B) in subparagraph (E), by striking ‘‘; and’’ and inserting a period; and 1823) is amended— ter 119, 121, or 206 of title 18, United States (1) in subsection (a)— Code’’. (C) by striking subparagraph (F); (4) by striking subsection (d); (A) by striking paragraph (2); SEC. 103. SUBMITTAL TO CONGRESS OF CERTAIN (5) by redesignating subsections (e) through (i) (B) by redesignating paragraphs (3) through COURT ORDERS UNDER THE FOR- as subsections (d) through (h), respectively; (9) as paragraphs (2) through (8), respectively; EIGN INTELLIGENCE SURVEILLANCE (C) in paragraph (2), as redesignated by sub- ACT OF 1978. (6) by amending subsection (e), as redesig- paragraph (B) of this paragraph, by striking (a) INCLUSION OF CERTAIN ORDERS IN SEMI- nated by paragraph (5) of this section, to read ‘‘detailed’’; ANNUAL REPORTS OF ATTORNEY GENERAL.—Sub- as follows: section (a)(5) of section 601 of the Foreign Intel- ‘‘(e)(1) Notwithstanding any other provision (D) in paragraph (3)(C), as redesignated by ligence Surveillance Act of 1978 (50 U.S.C. 1871) of this title, the Attorney General may authorize subparagraph (B) of this paragraph, by insert- is amended by striking ‘‘(not including orders)’’ the emergency employment of electronic surveil- ing ‘‘or is about to be’’ before ‘‘owned’’; and and inserting ‘‘, orders,’’. lance if the Attorney General— (E) in paragraph (6), as redesignated by sub- (b) REPORTS BY ATTORNEY GENERAL ON CER- ‘‘(A) determines that an emergency situation paragraph (B) of this paragraph, in the matter TAIN OTHER ORDERS.—Such section 601 is fur- exists with respect to the employment of elec- preceding subparagraph (A)— ther amended by adding at the end the fol- tronic surveillance to obtain foreign intelligence (i) by striking ‘‘Affairs or’’ and inserting ‘‘Af- lowing new subsection: information before an order authorizing such fairs,’’; and ‘‘(c) SUBMISSIONS TO CONGRESS.—The Attor- surveillance can with due diligence be obtained; (ii) by striking ‘‘Senate—’’ and inserting ney General shall submit to the committees of ‘‘(B) determines that the factual basis for ‘‘Senate, or the Deputy Director of the Federal Congress referred to in subsection (a)— issuance of an order under this title to approve Bureau of Investigation, if the Director of the ‘‘(1) a copy of any decision, order, or opinion such electronic surveillance exists; Federal Bureau of Investigation is unavail- issued by the Foreign Intelligence Surveillance ‘‘(C) informs, either personally or through a able—’’; and Court or the Foreign Intelligence Surveillance designee, a judge having jurisdiction under sec- (2) in subsection (d)(1)(A), by striking ‘‘or the Court of Review that includes significant con- tion 103 at the time of such authorization that Director of National Intelligence’’ and inserting struction or interpretation of any provision of the decision has been made to employ emergency ‘‘the Director of National Intelligence, or the this Act, and any pleadings associated with electronic surveillance; and Director of the Central Intelligence Agency’’. such decision, order, or opinion, not later than ‘‘(D) makes an application in accordance with (b) ORDERS.—Section 304 of the Foreign Intel- 45 days after such decision, order, or opinion is this title to a judge having jurisdiction under ligence Surveillance Act of 1978 (50 U.S.C. 1824) issued; and section 103 as soon as practicable, but not later is amended— ‘‘(2) a copy of any such decision, order, or than 168 hours after the Attorney General au- (1) in subsection (a)— opinion, and the pleadings associated with such thorizes such surveillance. (A) by striking paragraph (1); and

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(B) by redesignating paragraphs (2) through (b) EN BANC AUTHORITY.— Program and any closely related intelligence ac- (5) as paragraphs (1) through (4), respectively; (1) IN GENERAL.—Subsection (a) of section 103 tivities, which shall include acquiring all docu- and of the Foreign Intelligence Surveillance Act of ments relevant to such programs, including (2) by amending subsection (e) to read as fol- 1978, as amended by subsection (a) of this sec- memoranda concerning the legal authority of a lows: tion, is further amended— program, authorizations of a program, certifi- ‘‘(e)(1) Notwithstanding any other provision (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and cations to telecommunications carriers, and of this title, the Attorney General may authorize (B) by adding at the end the following new court orders. the emergency employment of a physical search paragraph: (c) REPORT.—— if the Attorney General— ‘‘(2)(A) The court established under this sub- (1) IN GENERAL.—Not later than 30 days after ‘‘(A) determines that an emergency situation section may, on its own initiative, or upon the the completion of the audit under subsection (b), exists with respect to the employment of a phys- request of the Government in any proceeding or the Inspectors General shall submit to the Per- ical search to obtain foreign intelligence infor- a party under section 501(f) or paragraph (4) or manent Select Committee on Intelligence and the mation before an order authorizing such phys- (5) of section 702(h), hold a hearing or rehear- Committee on the Judiciary of the House of Rep- ical search can with due diligence be obtained; ing, en banc, when ordered by a majority of the resentatives and the Select Committee on Intel- ‘‘(B) determines that the factual basis for judges that constitute such court upon a deter- ligence and the Committee on the Judiciary of issuance of an order under this title to approve mination that— the Senate a joint report containing the results such physical search exists; ‘‘(i) en banc consideration is necessary to se- of that audit, including all documents acquired ‘‘(C) informs, either personally or through a cure or maintain uniformity of the court’s deci- pursuant to the conduct of that audit. designee, a judge of the Foreign Intelligence (2) FORM.—The report under paragraph (1) sions; or Surveillance Court at the time of such author- shall be submitted in unclassified form, but may ‘‘(ii) the proceeding involves a question of ex- ization that the decision has been made to em- include a classified annex. ceptional importance. ploy an emergency physical search; and (d) EXPEDITED SECURITY CLEARANCE.—The ‘‘(D) makes an application in accordance with ‘‘(B) Any authority granted by this Act to a Director of National Intelligence shall ensure this title to a judge of the Foreign Intelligence judge of the court established under this sub- that the process for the investigation and adju- Surveillance Court as soon as practicable, but section may be exercised by the court en banc. dication of an application by an Inspector Gen- not more than 168 hours after the Attorney Gen- When exercising such authority, the court en eral or any appropriate staff of an Inspector eral authorizes such physical search. banc shall comply with any requirements of this General for a security clearance necessary for ‘‘(2) If the Attorney General authorizes the Act on the exercise of such authority. the conduct of the audit under subsection (b) is emergency employment of a physical search ‘‘(C) For purposes of this paragraph, the court conducted as expeditiously as possible. under paragraph (1), the Attorney General shall en banc shall consist of all judges who con- (e) ADDITIONAL LEGAL AND OTHER PERSONNEL require that the minimization procedures re- stitute the court established under this sub- FOR THE INSPECTORS GENERAL.—The Inspectors quired by this title for the issuance of a judicial section.’’. General of the Department of Justice and of the order be followed. (2) CONFORMING AMENDMENTS.—The Foreign relevant elements of the intelligence community ‘‘(3) In the absence of a judicial order approv- Intelligence Surveillance Act of 1978 is further are authorized such additional legal and other ing such physical search, the physical search amended— personnel as may be necessary to carry out the shall terminate when the information sought is (A) in subsection (a) of section 103, as amend- prompt and timely preparation of the audit and obtained, when the application for the order is ed by this subsection, by inserting ‘‘(except report required under this section. Personnel denied, or after the expiration of 168 hours from when sitting en banc under paragraph (2))’’ authorized by this subsection shall perform such the time of authorization by the Attorney Gen- after ‘‘no judge designated under this sub- duties relating to the audit as the relevant In- eral, whichever is earliest. section’’; and spector General shall direct. The personnel au- ‘‘(4) A denial of the application made under (B) in section 302(c) (50 U.S.C. 1822(c)), by in- thorized by this subsection are in addition to this subsection may be reviewed as provided in serting ‘‘(except when sitting en banc)’’ after any other personnel authorized by law. section 103. ‘‘except that no judge’’. SEC. 111. TECHNICAL AND CONFORMING AMEND- ‘‘(5)(A) In the event that such application for (c) STAY OR MODIFICATION DURING AN AP- MENTS. approval is denied, or in any other case where PEAL.—Section 103 of the Foreign Intelligence Section 103(e) of the Foreign Intelligence Sur- the physical search is terminated and no order Surveillance Act of 1978 (50 U.S.C. 1803) is veillance Act of 1978 (50 U.S.C. 1803(e)) is is issued approving the physical search, no in- amended— amended— formation obtained or evidence derived from (1) by redesignating subsection (f) as sub- (1) in paragraph (1), by striking ‘‘105B(h) or such physical search shall be received in evi- section (g); and 501(f)(1)’’ and inserting ‘‘501(f)(1) or 702’’; and dence or otherwise disclosed in any trial, hear- (2) by inserting after subsection (e) the fol- (2) in paragraph (2), by striking ‘‘105B(h) or ing, or other proceeding in or before any court, lowing new subsection: 501(f)(1)’’ and inserting ‘‘501(f)(1) or 702’’. grand jury, department, office, agency, regu- ‘‘(f)(1) A judge of the court established under MODIFICATION OF COMMITTEE REPORTED latory body, legislative committee, or other au- subsection (a), the court established under sub- SUBSTITUTE thority of the United States, a State, or political section (b) or a judge of that court, or the Su- Mr. REID. Madam President, I am subdivision thereof, and no information con- preme Court of the United States or a justice of authorized by the chairman of the Ju- cerning any United States person acquired from that court, may, in accordance with the rules of diciary Committee and, certainly, a such physical search shall subsequently be used their respective courts, enter a stay of an order or disclosed in any other manner by Federal of- or an order modifying an order of the court es- majority of the Judiciary Committee ficers or employees without the consent of such tablished under subsection (a) or the court es- to modify the Judiciary substitute person, except with the approval of the Attorney tablished under subsection (b) entered under amendment, and I send that modifica- General if the information indicates a threat of any title of this Act, while the court established tion to the desk. death or serious bodily harm to any person. under subsection (a) conducts a rehearing, The PRESIDING OFFICER. The ‘‘(B) The Attorney General shall assess com- while an appeal is pending to the court estab- amendment is so modified. pliance with the requirements of subparagraph lished under subsection (b), or while a petition The modification is as follows: (A).’’. of certiorari is pending in the Supreme Court of Strike all after the enacting clause and in- (c) CONFORMING AMENDMENTS.—The Foreign the United States, or during the pendency of sert the following: Intelligence Surveillance Act of 1978 (50 U.S.C. any review by that court. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1801 et seq.) is amended— ‘‘(2) The authority described in paragraph (1) (a) SHORT TITLE.—This Act may be cited as (1) in section 304(a)(4), as redesignated by shall apply to an order entered under any provi- the ‘‘Foreign Intelligence Surveillance Act subsection (b) of this section, by striking sion of this Act.’’. of 1978 Amendments Act of 2008’’ or the ‘‘303(a)(7)(E)’’ and inserting ‘‘303(a)(6)(E)’’; and SEC. 110. REVIEW OF PREVIOUS ACTIONS. ‘‘FISA Amendments Act of 2008’’. (2) in section 305(k)(2), by striking ‘‘303(a)(7)’’ (b) TABLE OF CONTENTS.—The table of con- and inserting ‘‘303(a)(6)’’. (a) DEFINITIONS.—In this section— (1) the term ‘‘element of the intelligence com- tents for this Act is as follows: SEC. 108. AMENDMENTS FOR EMERGENCY PEN Sec. 1. Short title; table of contents. REGISTERS AND TRAP AND TRACE munity’’ means an element of the intelligence DEVICES. community specified in or designated under sec- TITLE I—FOREIGN INTELLIGENCE Section 403 of the Foreign Intelligence Surveil- tion 3(4) of the National Security Act of 1947 (50 SURVEILLANCE lance Act of 1978 (50 U.S.C. 1843) is amended— U.S.C. 401a(4)); and Sec. 101. Targeting the communications of (1) in subsection (a)(2), by striking ‘‘48 hours’’ (2) the term ‘‘Terrorist Surveillance Program’’ certain persons outside the and inserting ‘‘168 hours’’; and means the intelligence program publicly con- United States. (2) in subsection (c)(1)(C), by striking ‘‘48 firmed by the President in a radio address on Sec. 102. Statement of exclusive means by hours’’ and inserting ‘‘168 hours’’. December 17, 2005, and any previous, subsequent which electronic surveillance SEC. 109. FOREIGN INTELLIGENCE SURVEIL- or related, versions or elements of that program. and interception of certain LANCE COURT. (b) AUDIT.—Not later than 180 days after the communications may be con- (a) DESIGNATION OF JUDGES.—Subsection (a) date of the enactment of this Act, the Inspectors ducted. of section 103 of the Foreign Intelligence Sur- General of the Department of Justice and rel- Sec. 103. Submittal to Congress of certain veillance Act of 1978 (50 U.S.C. 1803) is amended evant elements of the intelligence community court orders under the Foreign by inserting ‘‘at least’’ before ‘‘seven of the shall work in conjunction to complete a com- Intelligence Surveillance Act of United States judicial circuits’’. prehensive audit of the Terrorist Surveillance 1978.

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0655 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S185 Sec. 104. Applications for court orders. ‘‘SEC. 702. PROCEDURES FOR ACQUIRING THE less an order or emergency acquisition au- Sec. 105. Issuance of an order. COMMUNICATIONS OF CERTAIN thority has been obtained under a provision PERSONS OUTSIDE THE UNITED of this Act other than under this paragraph. Sec. 106. Use of information. STATES. ‘‘(B) APPLICATION.—Each application for an Sec. 107. Amendments for physical searches. ‘‘(a) AUTHORIZATION.—Notwithstanding any order under this paragraph shall be made by other provision of law, including title I, the Sec. 108. Amendments for emergency pen a Federal officer in writing upon oath or af- Attorney General and the Director of Na- registers and trap and trace de- firmation to a judge having jurisdiction vices. tional Intelligence may authorize jointly, for periods of up to 1 year, the targeting of per- under subparagraph (A)(i). Each application Sec. 109. Foreign Intelligence Surveillance shall require the approval of the Attorney Court. sons reasonably believed to be located out- side the United States to acquire foreign in- General based upon the Attorney General’s Sec. 110. Review of previous actions. telligence information. finding that it satisfies the criteria and re- Sec. 111. Technical and conforming amend- ‘‘(b) LIMITATIONS.—An acquisition author- quirements of such application as set forth ments. ized under subsection (a)— in this paragraph and shall include— ‘‘(i) the identity, if known, or a description TITLE II—OTHER PROVISIONS ‘‘(1) may not intentionally target any per- son known at the time of acquisition to be of the specific United States person who is Sec. 201. Severability. located in the United States; the target of the acquisition; Sec. 202. Effective date; repeal; transition ‘‘(2) may not intentionally target a person ‘‘(ii) a statement of the facts and cir- procedures. reasonably believed to be outside the United cumstances relied upon to justify the appli- cant’s belief that the target of the acquisi- TITLE I—FOREIGN INTELLIGENCE States if a significant purpose of such acqui- tion is— SURVEILLANCE sition is to acquire the communications of a particular, known person reasonably be- ‘‘(I) a United States person reasonably be- SEC. 101. TARGETING THE COMMUNICATIONS OF lieved to be located in the United States, ex- lieved to be located outside the United CERTAIN PERSONS OUTSIDE THE cept in accordance with title I; and States; and UNITED STATES. ‘‘(3) shall be conducted in a manner con- ‘‘(II) a foreign power, an agent of a foreign (a) IN GENERAL.—The Foreign Intelligence sistent with the fourth amendment to the power, or an officer or employee of a foreign Surveillance Act of 1978 (50 U.S.C. 1801 et Constitution of the United States. power; seq.) is amended— ‘‘(c) UNITED STATES PERSONS LOCATED OUT- ‘‘(iii) a certification or certifications by (1) by striking title VII; and SIDE THE UNITED STATES.— the Assistant to the President for National (2) by adding after title VI the following ‘‘(1) ACQUISITION INSIDE THE UNITED STATES Security Affairs or an executive branch offi- new title: OF UNITED STATES PERSONS OUTSIDE THE cial or officials designated by the President ‘‘TITLE VII—ADDITIONAL PROCEDURES UNITED STATES.—An acquisition authorized from among those executive officers em- FOR TARGETING COMMUNICATIONS OF under subsection (a) that occurs inside the ployed in the area of national security or de- CERTAIN PERSONS OUTSIDE THE United States and— fense and appointed by the President by and UNITED STATES ‘‘(A) constitutes electronic surveillance; or with the advice and consent of the Senate— ‘‘(B) is an acquisition of stored electronic ‘‘(I) that the certifying official deems the ‘‘SEC. 701. DEFINITIONS. communications or stored electronic data information sought to be foreign intelligence ‘‘In this title: that otherwise requires a court order under information; ‘‘(1) IN GENERAL.—The terms ‘agent of a this Act, ‘‘(II) that a significant purpose of the ac- foreign power’, ‘Attorney General’, ‘elec- may not intentionally target a United States quisition is to obtain foreign intelligence in- tronic surveillance’, ‘foreign intelligence in- person reasonably believed to be outside the formation; formation’, ‘foreign power’, ‘minimization United States, except in accordance with ‘‘(III) that designates the type of foreign procedures’, ‘person’, ‘United States’, and title I or III. For the purposes of an acquisi- intelligence information being sought ac- ‘United States person’ shall have the mean- tion under this subsection, the term ‘agent cording to the categories described in sec- ings given such terms in section 101. of a foreign power’ as used in those titles tion 101(e); and ‘‘(2) ADDITIONAL DEFINITIONS.— shall include a person who is an officer of a ‘‘(IV) that includes a statement of the ‘‘(A) CONGRESSIONAL INTELLIGENCE COMMIT- foreign power or an employee of a foreign basis for the certification that the informa- TEES.—The term ‘congressional intelligence power who is reasonably believed to have ac- tion sought is the type of foreign intel- committees’ means— cess to foreign intelligence information. ligence information designated; ‘‘(i) the Select Committee on Intelligence ‘‘(2) ACQUISITION OUTSIDE THE UNITED ‘‘(iv) a statement of the proposed mini- of the Senate; and STATES OF UNITED STATES PERSONS OUTSIDE mization procedures consistent with the re- ‘‘(ii) the Permanent Select Committee on THE UNITED STATES.— quirements of section 101(h) or section 301(4); Intelligence of the House of Representatives. ‘‘(A) JURISDICTION AND SCOPE.— ‘‘(v) a statement of the facts concerning ‘‘(B) FOREIGN INTELLIGENCE SURVEILLANCE ‘‘(i) JURISDICTION.—The Foreign Intel- any previous applications that have been COURT; COURT.—The terms ‘Foreign Intel- ligence Surveillance Court shall have juris- made to any judge of the Foreign Intel- ligence Surveillance Court’ and ‘Court’ mean diction to enter an order pursuant to sub- ligence Surveillance Court involving the the court established by section 103(a). paragraph (C). United States person specified in the appli- ‘‘(C) FOREIGN INTELLIGENCE SURVEILLANCE ‘‘(ii) SCOPE.—No element of the intel- cation and the action taken on each previous COURT OF REVIEW; COURT OF REVIEW.—The ligence community may intentionally tar- application; and terms ‘Foreign Intelligence Surveillance get, for the purpose of acquiring foreign in- ‘‘(vi) a statement of the period of time for Court of Review’ and ‘Court of Review’ mean telligence information, a United States per- which the acquisition is required to be main- the court established by section 103(b). son reasonably believed to be located outside tained, provided that such period of time ‘‘(D) ELECTRONIC COMMUNICATION SERVICE the United States under circumstances in shall not exceed 90 days per application. PROVIDER.—The term ‘electronic communica- which the targeted United States person has ‘‘(C) ORDER.— tion service provider’ means— a reasonable expectation of privacy and a ‘‘(i) FINDINGS.—If, upon an application ‘‘(i) a telecommunications carrier, as that warrant would be required if the acquisition made pursuant to subparagraph (B), a judge term is defined in section 3 of the Commu- were conducted inside the United States for having jurisdiction under subparagraph nications Act of 1934 (47 U.S.C. 153); law enforcement purposes, unless a judge of (A)(i) finds that— ‘‘(ii) a provider of electronic communica- the Foreign Intelligence Surveillance Court ‘‘(I) on the basis of the facts submitted by tions service, as that term is defined in sec- has entered an order or the Attorney General the applicant there is probable cause to be- tion 2510 of title 18, United States Code; has authorized an emergency acquisition lieve that the specified target of the acquisi- ‘‘(iii) a provider of a remote computing pursuant to subparagraph (C) or (D) or any tion is— service, as that term is defined in section other provision of this Act. ‘‘(aa) a person reasonably believed to be lo- 2711 of title 18, United States Code; ‘‘(iii) LIMITATIONS.— cated outside the United States; and ‘‘(iv) any other communication service ‘‘(I) MOVING OR MISIDENTIFIED TARGETS.—In ‘‘(bb) a foreign power, an agent of a foreign provider who has access to wire or electronic the event that the targeted United States power, or an officer or employee of a foreign communications either as such communica- person is reasonably believed to be in the power; tions are transmitted or as such communica- United States during the pendency of an ‘‘(II) the proposed minimization proce- tions are stored; or order issued pursuant to subparagraph (C), dures, with respect to their dissemination ‘‘(v) an officer, employee, or agent of an such acquisition shall cease until authority provisions, meet the definition of minimiza- entity described in clause (i), (ii), (iii), or is obtained pursuant to this Act or the tar- tion procedures under section 101(h) or sec- (iv). geted United States person is again reason- tion 301(4); and ‘‘(E) ELEMENT OF THE INTELLIGENCE COMMU- ably believed to be located outside the ‘‘(III) the certification or certifications re- NITY.—The term ‘element of the intelligence United States during the pendency of an quired by subparagraph (B) are not clearly community’ means an element of the intel- order issued pursuant to subparagraph (C). erroneous on the basis of the statement ligence community specified in or designated ‘‘(II) APPLICABILITY.—If the acquisition made under subparagraph (B)(iii)(IV), under section 3(4) of the National Security could be authorized under paragraph (1), the the Court shall issue an ex parte order so Act of 1947 (50 U.S.C. 401a(4)). procedures of paragraph (1) shall apply, un- stating.

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‘‘(ii) PROBABLE CAUSE.—In determining ‘‘(iv) USE OF INFORMATION.—In the event targeting persons reasonably believed to be whether or not probable cause exists for pur- that such application is denied, or in any located outside the United States, and that poses of an order under clause (i)(I), a judge other case where the acquisition is termi- an application is filed under title I, if other- having jurisdiction under subparagraph nated and no order is issued approving the wise required, when a significant purpose of (A)(i) may consider past activities of the tar- acquisition, no information obtained or evi- an acquisition authorized under subsection get, as well as facts and circumstances relat- dence derived from such acquisition, except (a) is to acquire the communications of a ing to current or future activities of the tar- under circumstances in which the target of particular, known person reasonably be- get. However, no United States person may the acquisition is determined not to be a lieved to be located in the United States. be considered a foreign power, agent of a for- United States person during the pendency of ‘‘(2) JUDICIAL REVIEW.—The procedures re- eign power, or officer or employee of a for- the 168-hour emergency acquisition period, ferred to in paragraph (1) shall be subject to eign power solely upon the basis of activities shall be received in evidence or otherwise judicial review pursuant to subsection (i). protected by the first amendment to the disclosed in any trial, hearing, or other pro- ‘‘(f) MINIMIZATION PROCEDURES.— Constitution of the United States. ceeding in or before any court, grand jury, ‘‘(1) REQUIREMENT TO ADOPT.—The Attor- ‘‘(iii) REVIEW.— department, office, agency, regulatory body, ney General, in consultation with the Direc- ‘‘(I) LIMITATIONS ON REVIEW.—Review by a legislative committee, or other authority of tor of National Intelligence, shall adopt, con- judge having jurisdiction under subpara- the United States, a State, or political sub- sistent with the requirements of section graph (A)(i) shall be limited to that required division thereof, and no information con- 101(h), minimization procedures for acquisi- to make the findings described in clause (i). cerning any United States person acquired tions authorized under subsection (a). The judge shall not have jurisdiction to re- from such acquisition shall subsequently be ‘‘(2) JUDICIAL REVIEW.—The minimization view the means by which an acquisition used or disclosed in any other manner by procedures required by this subsection shall under this paragraph may be conducted. Federal officers or employees without the be subject to judicial review pursuant to sub- ‘‘(II) REVIEW OF PROBABLE CAUSE.—If the consent of such person, except with the ap- section (i). judge determines that the facts submitted proval of the Attorney General if the infor- ‘‘(g) CERTIFICATION.— under subparagraph (B) are insufficient to mation indicates a threat of death or serious ‘‘(1) IN GENERAL.— establish probable cause to issue an order bodily harm to any person. ‘‘(A) REQUIREMENT.—Subject to subpara- under this subparagraph, the judge shall ‘‘(E) APPEAL.— graph (B), prior to the initiation of an acqui- enter an order so stating and provide a writ- ‘‘(i) APPEAL TO THE COURT OF REVIEW.—The ten statement for the record of the reasons Government may file an appeal with the For- sition authorized under subsection (a), the for such determination. The Government eign Intelligence Surveillance Court of Re- Attorney General and the Director of Na- may appeal an order under this subclause view for review of an order issued pursuant tional Intelligence shall provide, under oath, pursuant to subparagraph (E). to subparagraph (C). The Court of Review a written certification, as described in this ‘‘(III) REVIEW OF MINIMIZATION PROCE- shall have jurisdiction to consider such ap- subsection. DURES.—If the judge determines that the peal and shall provide a written statement ‘‘(B) EXCEPTION.—If the Attorney General minimization procedures applicable to dis- for the record of the reasons for a decision and the Director of National Intelligence de- semination of information obtained through under this subparagraph. termine that immediate action by the Gov- an acquisition under this subparagraph do ‘‘(ii) CERTIORARI TO THE SUPREME COURT.— ernment is required and time does not per- not meet the definition of minimization pro- The Government may file a petition for a mit the preparation of a certification under cedures under section 101(h) or section 301(4), writ of certiorari for review of the decision this subsection prior to the initiation of an the judge shall enter an order so stating and of the Court of Review issued under clause acquisition, the Attorney General and the provide a written statement for the record of (i). The record for such review shall be trans- Director of National Intelligence shall pre- the reasons for such determination. The Gov- mitted under seal to the Supreme Court of pare such certification, including such deter- ernment may appeal an order under this sub- the United States, which shall have jurisdic- mination, as soon as possible but in no event clause pursuant to subparagraph (E). tion to review such decision. more than 168 hours after such determina- ‘‘(iv) DURATION.—An order under this sub- ‘‘(F) JOINT APPLICATIONS AND ORDERS.—If tion is made. paragraph shall be effective for a period not an acquisition targeting a United States per- ‘‘(2) REQUIREMENTS.—A certification made to exceed 90 days and such order may be re- son under paragraph (1) or this paragraph is under this subsection shall— newed for additional 90-day periods upon sub- proposed to be conducted both inside and ‘‘(A) attest that— mission of renewal applications meeting the outside the United States, a judge having ju- ‘‘(i) there are reasonable procedures in requirements of subparagraph (B). risdiction under subparagraph (A) and sec- place for determining that the acquisition ‘‘(D) EMERGENCY AUTHORIZATION.— tion 103(a) may issue simultaneously, upon authorized under subsection (a) is targeted ‘‘(i) AUTHORITY FOR EMERGENCY AUTHORIZA- the request of the Government in a joint ap- at persons reasonably believed to be located TION.—Notwithstanding any other provision plication complying with the requirements outside the United States and that such pro- in this subsection, if the Attorney General of subparagraph (B) and section 104 or 303, or- cedures have been approved by, or will reasonably determines that— ders authorizing the proposed acquisition promptly be submitted for approval by, the ‘‘(I) an emergency situation exists with re- under subparagraph (B) and section 105 or 304 Foreign Intelligence Surveillance Court pur- spect to the acquisition of foreign intel- as applicable. suant to subsection (i); ligence information for which an order may ‘‘(G) CONCURRENT AUTHORIZATION.—If an ‘‘(ii) the procedures referred to in clause (i) be obtained under subparagraph (C) before an order authorizing electronic surveillance or are consistent with the requirements of the order under that subsection may, with due physical search has been obtained under sec- fourth amendment to the Constitution of the diligence, be obtained; and tion 105 or 304 and that order is in effect, the United States and do not permit the inten- ‘‘(II) the factual basis for issuance of an Attorney General may authorize, during the tional targeting of any person who is known order under this paragraph exists, pendency of such order and without an order at the time of acquisition to be located in the Attorney General may authorize the under this paragraph, an acquisition under the United States; emergency acquisition if a judge having ju- this paragraph of foreign intelligence infor- ‘‘(iii) the procedures referred to in clause risdiction under subparagraph (A)(i) is in- mation targeting that United States person (i) require that an application is filed under formed by the Attorney General or a des- while such person is reasonably believed to title I, if otherwise required, when a signifi- ignee of the Attorney General at the time of be located outside the United States. Prior cant purpose of an acquisition authorized such authorization that the decision has to issuing such an authorization, the Attor- under subsection (a) is to acquire the com- been made to conduct such acquisition and if ney General shall submit dissemination pro- munications of a particular, known person an application in accordance with this para- visions of minimization procedures for such reasonably believed to be located in the graph is made to a judge of the Foreign In- an acquisition to a judge having jurisdiction United States; telligence Surveillance Court as soon as under subparagraph (A) for approval. ‘‘(iv) a significant purpose of the acquisi- practicable, but not more than 168 hours ‘‘(d) CONDUCT OF ACQUISITION.—An acquisi- tion is to obtain foreign intelligence infor- after the Attorney General authorizes such tion authorized under subsection (a) may be mation; acquisition. conducted only in accordance with— ‘‘(v) the minimization procedures to be ‘‘(ii) MINIMIZATION PROCEDURES.—If the At- ‘‘(1) a certification made by the Attorney used with respect to such acquisition— torney General authorizes such emergency General and the Director of National Intel- ‘‘(I) meet the definition of minimization acquisition, the Attorney General shall re- ligence pursuant to subsection (g); and procedures under section 101(h); and quire that the minimization procedures re- ‘‘(2) the targeting and minimization proce- ‘‘(II) have been approved by, or will quired by this subparagraph be followed. dures required pursuant to subsections (e) promptly be submitted for approval by, the ‘‘(iii) TERMINATION OF EMERGENCY AUTHOR- and (f). Foreign Intelligence Surveillance Court pur- IZATION.—In the absence of an order under ‘‘(e) TARGETING PROCEDURES.— suant to subsection (i); subparagraph (C), the acquisition shall ter- ‘‘(1) REQUIREMENT TO ADOPT.—The Attor- ‘‘(vi) the acquisition involves obtaining the minate when the information sought is ob- ney General, in consultation with the Direc- foreign intelligence information from or tained, if the application for the order is de- tor of National Intelligence, shall adopt tar- with the assistance of an electronic commu- nied, or after the expiration of 168 hours geting procedures that are reasonably de- nication service provider; and from the time of authorization by the Attor- signed to ensure that any acquisition au- ‘‘(vii) the acquisition of the contents (as ney General, whichever is earliest. thorized under subsection (a) is limited to that term is defined in section 2510(8) of title

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If the judge does not modify the procedures are reasonably designed to tion is limited to communications to which or set aside the directive, the judge shall im- ensure that the acquisition authorized under any party is an individual target (which mediately affirm such directive, and order subsection (a) is limited to the targeting of shall not be limited to known or named indi- the recipient to comply with the directive. persons reasonably believed to be located viduals) who is reasonably believed to be lo- The judge shall provide a written statement outside the United States, and are reason- cated outside of the United States, and a sig- for the record of the reasons for a determina- ably designed to ensure that an application nificant purpose of the acquisition of the tion under this paragraph. is filed under title I, if otherwise required, communications of the target is to obtain ‘‘(D) CONTINUED EFFECT.—Any directive not when a significant purpose of an acquisition foreign intelligence information; and explicitly modified or set aside under this authorized under subsection (a) is to acquire ‘‘(B) be supported, as appropriate, by the paragraph shall remain in full effect. the communications of a particular, known affidavit of any appropriate official in the ‘‘(5) ENFORCEMENT OF DIRECTIVES.— person reasonably believed to be located in area of national security who is— ‘‘(A) ORDER TO COMPEL.—In the case of a the United States. ‘‘(i) appointed by the President, by and failure to comply with a directive issued pur- with the consent of the Senate; or suant to paragraph (1), the Attorney General ‘‘(4) MINIMIZATION PROCEDURES.—The Court ‘‘(ii) the head of any element of the intel- may file a petition for an order to compel shall review the minimization procedures re- ligence community. compliance with the directive with the For- quired by subsection (f) to assess whether ‘‘(3) LIMITATION.—A certification made eign Intelligence Surveillance Court. such procedures meet the definition of mini- under this subsection is not required to iden- ‘‘(B) ASSIGNMENT.—The presiding judge of mization procedures under section 101(h). tify the specific facilities, places, premises, the Court shall assign a petition filed under ‘‘(5) ORDERS.— or property at which the acquisition author- subparagraph (A) to 1 of the judges serving ‘‘(A) APPROVAL.—If the Court finds that a ized under subsection (a) will be directed or in the pool established by section 103(e)(1) certification required by subsection (g) con- conducted. not later than 24 hours after the filing of the tains all of the required elements and that ‘‘(4) SUBMISSION TO THE COURT.—The Attor- petition. the targeting and minimization procedures ney General shall transmit a copy of a cer- ‘‘(C) STANDARDS FOR REVIEW.—A judge con- required by subsections (e) and (f) are con- tification made under this subsection, and sidering a petition shall issue an order re- sistent with the requirements of those sub- any supporting affidavit, under seal to the quiring the electronic communication serv- sections and with the fourth amendment to Foreign Intelligence Surveillance Court as ice provider to comply with the directive if the Constitution of the United States, the soon as possible, but in no event more than the judge finds that the directive was issued Court shall enter an order approving the con- 5 days after such certification is made. Such in accordance with paragraph (1), meets the tinued use of the procedures for the acquisi- certification shall be maintained under secu- requirements of this section, and is other- tion authorized under subsection (a). rity measures adopted by the Chief Justice wise lawful. The judge shall provide a writ- ‘‘(B) CORRECTION OF DEFICIENCIES.— of the United States and the Attorney Gen- ten statement for the record of the reasons ‘‘(i) IN GENERAL.—If the Court finds that a eral, in consultation with the Director of Na- for a determination under this paragraph. certification required by subsection (g) does tional Intelligence. ‘‘(D) CONTEMPT OF COURT.—Failure to obey not contain all of the required elements, or ‘‘(5) REVIEW.—The certification required by an order of the Court issued under this para- that the procedures required by subsections this subsection shall be subject to judicial graph may be punished by the Court as con- (e) and (f) are not consistent with the re- review pursuant to subsection (i). tempt of court. quirements of those subsections or the ‘‘(h) DIRECTIVES.— ‘‘(E) PROCESS.—Any process under this fourth amendment to the Constitution of the ‘‘(1) AUTHORITY.—With respect to an acqui- paragraph may be served in any judicial dis- United States, the Court shall issue an order sition authorized under subsection (a), the trict in which the electronic communication Attorney General and the Director of Na- service provider may be found. directing the Government to, at the Govern- tional Intelligence may direct, in writing, an ‘‘(6) APPEAL.— ment’s election and to the extent required by electronic communication service provider ‘‘(A) APPEAL TO THE COURT OF REVIEW.—The the Court’s order— to— Government or an electronic communication ‘‘(I) correct any deficiency identified by ‘‘(A) immediately provide the Government service provider receiving a directive issued the Court’s order not later than 30 days after with all information, facilities, or assistance pursuant to paragraph (1) may file a petition the date the Court issues the order; or necessary to accomplish the acquisition in a with the Foreign Intelligence Surveillance ‘‘(II) cease the acquisition authorized manner that will protect the secrecy of the Court of Review for review of the decision under subsection (a). acquisition and produce a minimum of inter- issued pursuant to paragraph (4) or (5) not ‘‘(ii) LIMITATION ON USE OF INFORMATION.— ference with the services that such elec- later than 7 days after the issuance of such ‘‘(I) IN GENERAL.—Except as provided in tronic communication service provider is decision. The Court of Review shall have ju- subclause (II), no information obtained or providing to the target; and risdiction to consider such a petition and evidence derived from an acquisition under ‘‘(B) maintain under security procedures shall provide a written statement for the clause (i)(I) concerning any United States approved by the Attorney General and the record of the reasons for a decision under person shall be received in evidence or other- Director of National Intelligence any records this paragraph. wise disclosed in any trial, hearing, or other concerning the acquisition or the aid fur- ‘‘(B) CERTIORARI TO THE SUPREME COURT.— proceeding in or before any court, grand nished that such electronic communication The Government or an electronic commu- jury, department, office, agency, regulatory service provider wishes to maintain. nication service provider receiving a direc- body, legislative committee, or other au- ‘‘(2) COMPENSATION.—The Government shall tive issued pursuant to paragraph (1) may thority of the United States, a State, or po- compensate, at the prevailing rate, an elec- file a petition for a writ of certiorari for re- litical subdivision thereof, and no informa- tronic communication service provider for view of the decision of the Court of Review tion concerning any United States person ac- providing information, facilities, or assist- issued under subparagraph (A). The record quired from such acquisition shall subse- ance pursuant to paragraph (1). for such review shall be transmitted under quently be used or disclosed in any other ‘‘(3) RELEASE FROM LIABILITY.—Notwith- seal to the Supreme Court of the United manner by Federal officers or employees standing any other law, no cause of action States, which shall have jurisdiction to re- without the consent of such person, except shall lie in any court against any electronic view such decision. with the approval of the Attorney General if communication service provider for pro- ‘‘(i) JUDICIAL REVIEW.— the information indicates a threat of death viding any information, facilities, or assist- ‘‘(1) IN GENERAL.— or serious bodily harm to any person. ance in accordance with a directive issued ‘‘(A) REVIEW BY THE FOREIGN INTELLIGENCE ‘‘(II) EXCEPTION.—If the Government cor- pursuant to paragraph (1). SURVEILLANCE COURT.—The Foreign Intel- rects any deficiency identified by the Court’s ‘‘(4) CHALLENGING OF DIRECTIVES.— ligence Surveillance Court shall have juris- order under clause (i), the Court may permit ‘‘(A) AUTHORITY TO CHALLENGE.—An elec- diction to review any certification required tronic communication service provider re- by subsection (d) or targeting and minimiza- the use or disclosure of information acquired ceiving a directive issued pursuant to para- tion procedures adopted pursuant to sub- before the date of the correction pursuant to graph (1) may challenge the directive by fil- sections (e) and (f). such minimization procedures as the Court ing a petition with the Foreign Intelligence ‘‘(B) SUBMISSION TO THE COURT.—The Attor- shall establish for purposes of this clause. Surveillance Court. ney General shall submit to the Court any ‘‘(C) REQUIREMENT FOR WRITTEN STATE- ‘‘(B) ASSIGNMENT.—The presiding judge of such certification or procedure, or amend- MENT.—In support of its orders under this the Court shall assign the petition filed ment thereto, not later than 5 days after subsection, the Court shall provide, simulta- under subparagraph (A) to 1 of the judges making or amending the certification or neously with the orders, for the record a serving in the pool established by section adopting or amending the procedures. written statement of its reasons. 103(e)(1) not later than 24 hours after the fil- ‘‘(2) CERTIFICATIONS.—The Court shall re- ‘‘(6) APPEAL.— ing of the petition. view a certification provided under sub- ‘‘(A) APPEAL TO THE COURT OF REVIEW.—The ‘‘(C) STANDARDS FOR REVIEW.—A judge con- section (g) to determine whether the certifi- Government may appeal any order under sidering a petition to modify or set aside a cation contains all the required elements. this section to the Foreign Intelligence Sur- directive may grant such petition only if the ‘‘(3) TARGETING PROCEDURES.—The Court veillance Court of Review, which shall have judge finds that the directive does not meet shall review the targeting procedures re- jurisdiction to review such order. For any the requirements of this section or is other- quired by subsection (e) to assess whether decision affirming, reversing, or modifying

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S188 CONGRESSIONAL RECORD — SENATE January 23, 2008 an order of the Foreign Intelligence Surveil- any element of the intelligence community ‘‘(ii) any directives issued under subsection lance Court, the Court of Review shall pro- authorized to acquire foreign intelligence in- (h) during the reporting period; vide for the record a written statement of its formation under subsection (a)— ‘‘(iii) the judicial review during the report- reasons. ‘‘(A) are authorized to review the compli- ing period of any such certifications and tar- ‘‘(B) CONTINUATION OF ACQUISITION PENDING ance of their agency or element with the tar- geting and minimization procedures utilized REHEARING OR APPEAL.—Any acquisition af- geting and minimization procedures required with respect to such acquisition, including a fected by an order under paragraph (5)(B) by subsections (c), (e), and (f); copy of any order or pleading in connection may continue— ‘‘(B) with respect to acquisitions author- with such review that contains a significant ‘‘(i) during the pendency of any rehearing ized under subsection (a), shall review the legal interpretation of the provisions of this of the order by the Court en banc; or number of disseminated intelligence reports Act; ‘‘(ii) if the Government appeals an order containing a reference to a United States ‘‘(iv) any actions taken to challenge or en- under this section, until the Court of Review person identity and the number of United force a directive under paragraphs (4) or (5) enters an order under subparagraph (C). States person identities subsequently dis- of subsections (h); ‘‘(C) IMPLEMENTATION PENDING APPEAL.— seminated by the element concerned in re- ‘‘(v) any compliance reviews conducted by Not later than 30 days after the date on sponse to requests for identities that were the Department of Justice or the Office of which an appeal of an order under paragraph not referred to by name or title in the origi- the Director of National Intelligence of ac- (5)(B) directing the correction of a deficiency nal reporting; quisitions authorized under subsection (a); is filed, the Court of Review shall determine, ‘‘(C) with respect to acquisitions author- ‘‘(vi) a description of any incidents of non- and enter a corresponding order regarding, ized under subsection (a), shall review the compliance with a directive issued by the At- whether all or any part of the correction number of targets that were later deter- torney General and the Director of National order, as issued or modified, shall be imple- mined to be located in the United States and Intelligence under subsection (h), includ- mented during the pendency of the appeal. an estimate of the number of persons reason- ing— ‘‘(D) CERTIORARI TO THE SUPREME COURT.— ably believed to be located in the United ‘‘(I) incidents of noncompliance by an ele- The Government may file a petition for a States whose communications were re- ment of the intelligence community with writ of certiorari for review of a decision of viewed; and procedures adopted pursuant to subsections the Court of Review issued under subpara- ‘‘(D) shall provide each such review to— (c), (e), and (f); and graph (A). The record for such review shall ‘‘(i) the Attorney General; ‘‘(II) incidents of noncompliance by a spec- be transmitted under seal to the Supreme ‘‘(ii) the Director of National Intelligence; ified person to whom the Attorney General Court of the United States, which shall have and and Director of National Intelligence issued jurisdiction to review such decision. ‘‘(iii) the congressional intelligence com- a directive under subsection (h); ‘‘(7) COMPLIANCE REVIEWS.—During the pe- mittees. ‘‘(vii) any procedures implementing this riod that minimization procedures approved ‘‘(3) ANNUAL REVIEW.— section; and under paragraph (5)(A) are in effect, the ‘‘(A) REQUIREMENT TO CONDUCT.—The head ‘‘(viii) any annual review conducted pursu- Court may review and assess compliance of an element of the intelligence community ant to paragraph (3). with such procedures by reviewing the semi- conducting an acquisition authorized under ‘‘SEC. 703. USE OF INFORMATION ACQUIRED annual assessments submitted by the Attor- subsection (a) shall direct the element to UNDER SECTION 702. ney General and the Director of National In- conduct an annual review to determine ‘‘Information acquired from an acquisition telligence pursuant to subsection (l)(1) with whether there is reason to believe that for- conducted under section 702 shall be deemed respect to compliance with such procedures. eign intelligence information has been or to be information acquired from an elec- In conducting a review under this paragraph, will be obtained from the acquisition. The tronic surveillance pursuant to title I for the Court may, to the extent necessary, re- annual review shall provide, with respect to purposes of section 106, except for the pur- quire the Government to provide additional such acquisitions authorized under sub- poses of subsection (j) of such section.’’. information regarding the acquisition, reten- section (a)— (b) TABLE OF CONTENTS.—The table of con- tion, or dissemination of information con- ‘‘(i) an accounting of the number of dis- tents in the first section of the Foreign In- cerning United States persons during the seminated intelligence reports containing a telligence Surveillance Act of 1978 (50 U.S.C. course of an acquisition authorized under reference to a United States person identity; 1801 et seq.) is amended— subsection (a). The Court may fashion rem- ‘‘(ii) an accounting of the number of (1) by striking the item relating to title edies it determines necessary to enforce United States person identities subsequently VII; compliance. disseminated by that element in response to (2) by striking the item relating to section ‘‘(j) JUDICIAL PROCEEDINGS.—Judicial pro- requests for identities that were not referred 701; and ceedings under this section shall be con- to by name or title in the original reporting; (3) by adding at the end the following: and ducted as expeditiously as possible. ‘‘TITLE VII—ADDITIONAL PROCEDURES ‘‘(k) MAINTENANCE OF RECORDS.— ‘‘(iii) the number of targets that were later FOR TARGETING COMMUNICATIONS OF ‘‘(1) STANDARDS.—A record of a proceeding determined to be located in the United CERTAIN PERSONS OUTSIDE THE under this section, including petitions filed, States and an estimate of the number of per- UNITED STATES orders granted, and statements of reasons for sons reasonably believed to be located in the decision, shall be maintained under security United States whose communications were ‘‘Sec. 701. Definitions. measures adopted by the Chief Justice of the reviewed. ‘‘Sec. 702. Procedures for acquiring the com- munications of certain persons United States, in consultation with the At- ‘‘(B) USE OF REVIEW.—The head of each ele- torney General and the Director of National ment of the intelligence community that outside the United States. ‘‘Sec. 703. Use of information acquired under Intelligence. conducts an annual review under subpara- section 702.’’. ‘‘(2) FILING AND REVIEW.—All petitions graph (A) shall use each such review to (c) SUNSET.— under this section shall be filed under seal. evaluate the adequacy of the minimization (1) IN GENERAL.—Except as provided in procedures utilized by such element or the In any proceedings under this section, the paragraph (2), the amendments made by sub- application of the minimization procedures court shall, upon request of the Government, sections (a)(2) and (b) shall cease to have ef- to a particular acquisition authorized under review ex parte and in camera any Govern- fect on December 31, 2011. ment submission, or portions of a submis- subsection (a). (2) CONTINUING APPLICABILITY.—Section ‘‘(C) PROVISION OF REVIEW TO FOREIGN IN- sion, which may include classified informa- 702(h)(3) of the Foreign Intelligence Surveil- TELLIGENCE SURVEILLANCE COURT.—The head tion. lance Act of 1978 (as amended by subsection of each element of the intelligence commu- ‘‘(3) RETENTION OF RECORDS.—A directive (a)) shall remain in effect with respect to nity that conducts an annual review under made or an order granted under this section any directive issued pursuant to section subparagraph (A) shall provide such review shall be retained for a period of not less than 702(h) of that Act (as so amended) during the to the Foreign Intelligence Surveillance 10 years from the date on which such direc- period such directive was in effect. The use Court. tive or such order is made. of information acquired by an acquisition ‘‘(l) OVERSIGHT.— ‘‘(4) REPORTS TO CONGRESS.— conducted under section 702 of that Act (as ‘‘(1) SEMIANNUAL ASSESSMENT.—Not less ‘‘(A) SEMIANNUAL REPORT.—Not less fre- so amended) shall continue to be governed by frequently than once every 6 months, the At- quently than once every 6 months, the Attor- the provisions of section 703 of that Act (as torney General and Director of National In- ney General shall fully inform, in a manner so amended). telligence shall assess compliance with the consistent with national security, the con- targeting and minimization procedures re- gressional intelligence committees, the Com- SEC. 102. STATEMENT OF EXCLUSIVE MEANS BY WHICH ELECTRONIC SURVEILLANCE quired by subsections (c), (e), and (f) and mittee on the Judiciary of the Senate, and AND INTERCEPTION OF CERTAIN shall submit each such assessment to— the Committee on the Judiciary of the House COMMUNICATIONS MAY BE CON- ‘‘(A) the Foreign Intelligence Surveillance of Representatives, concerning the imple- DUCTED. Court; and mentation of this Act. (a) STATEMENT OF EXCLUSIVE MEANS.— ‘‘(B) the congressional intelligence com- ‘‘(B) CONTENT.—Each report made under Title I of the Foreign Intelligence Surveil- mittees. subparagraph (A) shall include— lance Act of 1978 (50 U.S.C. 1801 et seq.) is ‘‘(2) AGENCY ASSESSMENT.—The Inspectors ‘‘(i) any certifications made under sub- amended by adding at the end the following General of the Department of Justice and of section (g) during the reporting period; new section:

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‘‘STATEMENT OF EXCLUSIVE MEANS BY WHICH ments Act of 2008 and not previously sub- ‘‘(D) makes an application in accordance ELECTRONIC SURVEILLANCE AND INTERCEP- mitted in a report under subsection (a).’’. with this title to a judge having jurisdiction TION OF CERTAIN COMMUNICATIONS MAY BE SEC. 104. APPLICATIONS FOR COURT ORDERS. under section 103 as soon as practicable, but CONDUCTED Section 104 of the Foreign Intelligence Sur- not later than 168 hours after the Attorney ‘‘SEC. 112. (a) Except as provided in sub- veillance Act of 1978 (50 U.S.C. 1804) is General authorizes such surveillance. section (b), the procedures of chapters 119, amended— ‘‘(2) If the Attorney General authorizes the 121 and 206 of title 18, United States Code, (1) in subsection (a)— emergency employment of electronic surveil- and this Act shall be the exclusive means by (A) by striking paragraphs (2) and (11); lance under paragraph (1), the Attorney Gen- which electronic surveillance and the inter- (B) by redesignating paragraphs (3) eral shall require that the minimization pro- ception of domestic wire, oral, or electronic through (10) as paragraphs (2) through (9), re- cedures required by this title for the communications may be conducted. spectively; issuance of a judicial order be followed. ‘‘(3) In the absence of a judicial order ap- ‘‘(b) Only an express statutory authoriza- (C) in paragraph (5), as redesignated by proving such electronic surveillance, the sur- tion for electronic surveillance or the inter- subparagraph (B) of this paragraph, by strik- veillance shall terminate when the informa- ception of domestic, wire, oral, or electronic ing ‘‘detailed’’; tion sought is obtained, when the application communications, other than as an amend- (D) in paragraph (6), as redesignated by for the order is denied, or after the expira- ment to this Act or chapters 119, 121, or 206 subparagraph (B) of this paragraph, in the tion of 168 hours from the time of authoriza- of title 18, United States Code, shall con- matter preceding subparagraph (A)— tion by the Attorney General, whichever is stitute an additional exclusive means for the (i) by striking ‘‘Affairs or’’ and inserting earliest. purpose of subsection (a).’’. ‘‘Affairs,’’; and ‘‘(4) A denial of the application made under (b) OFFENSE.—Section 109 of the Foreign (ii) by striking ‘‘Senate—’’ and inserting this subsection may be reviewed as provided Intelligence Surveillance Act of 1978 (50 ‘‘Senate, or the Deputy Director of the Fed- in section 103. U.S.C. 1809) is amended— eral Bureau of Investigation, if the Director ‘‘(5) In the event that such application for (1) in subsection (a), by striking ‘‘author- of the Federal Bureau of Investigation is un- approval is denied, or in any other case ized by statute’’ each place it appears in available—’’; where the electronic surveillance is termi- such section and inserting ‘‘authorized by (E) in paragraph (7), as redesignated by nated and no order is issued approving the this Act, chapter 119, 121, or 206 of title 18, subparagraph (B) of this paragraph, by strik- surveillance, no information obtained or evi- United States Code, or any express statutory ing ‘‘statement of’’ and inserting ‘‘summary dence derived from such surveillance shall be authorization that is an additional exclusive statement of’’; received in evidence or otherwise disclosed means for conducting electronic surveillance (F) in paragraph (8), as redesignated by in any trial, hearing, or other proceeding in under section 112.’’; and subparagraph (B) of this paragraph, by add- or before any court, grand jury, department, (2) by adding at the end the following: ing ‘‘and’’ at the end; and office, agency, regulatory body, legislative ‘‘(e) DEFINITION.—For the purpose of this (G) in paragraph (9), as redesignated by committee, or other authority of the United section, the term ‘electronic surveillance’ subparagraph (B) of this paragraph, by strik- States, a State, or political subdivision means electronic surveillance as defined in ing ‘‘; and’’ and inserting a period; thereof, and no information concerning any section 101(f) of this Act.’’. (2) by striking subsection (b); United States person acquired from such sur- (c) CONFORMING AMENDMENTS.— (3) by redesignating subsections (c) veillance shall subsequently be used or dis- (1) TITLE 18, UNITED STATES CODE.—Section through (e) as subsections (b) through (d), re- closed in any other manner by Federal offi- 2511(2)(a) of title 18, United States Code, is spectively; and cers or employees without the consent of amended by adding at the end the following: (4) in paragraph (1)(A) of subsection (d), as such person, except with the approval of the ‘‘(iii) If a certification under subparagraph redesignated by paragraph (3) of this sub- Attorney General if the information indi- (ii)(B) for assistance to obtain foreign intel- section, by striking ‘‘or the Director of Na- cates a threat of death or serious bodily ligence information is based on statutory au- tional Intelligence’’ and inserting ‘‘the Di- harm to any person. thority, the certification shall identify the rector of National Intelligence, or the Direc- ‘‘(6) The Attorney General shall assess specific statutory provision, and shall certify tor of the Central Intelligence Agency’’. compliance with the requirements of para- that the statutory requirements have been SEC. 105. ISSUANCE OF AN ORDER. graph (5).’’; and met.’’. Section 105 of the Foreign Intelligence Sur- (7) by adding at the end the following: (2) TABLE OF CONTENTS.—The table of con- veillance Act of 1978 (50 U.S.C. 1805) is ‘‘(i) In any case in which the Government tents in the first section of the Foreign In- amended— makes an application to a judge under this telligence Surveillance Act of 1978 (50 U.S.C. (1) in subsection (a)— title to conduct electronic surveillance in- 1801 et seq.) is amended by adding after the (A) by striking paragraph (1); and volving communications and the judge item relating to section 111, the following: (B) by redesignating paragraphs (2) grants such application, upon the request of ‘‘Sec. 112. Statement of exclusive means by through (5) as paragraphs (1) through (4), re- the applicant, the judge shall also authorize which electronic surveillance spectively; the installation and use of pen registers and and interception of certain (2) in subsection (b), by striking ‘‘(a)(3)’’ trap and trace devices, and direct the disclo- communications may be con- and inserting ‘‘(a)(2)’’; sure of the information set forth in section ducted.’’. (3) in subsection (c)(1)— 402(d)(2).’’. SEC. 103. SUBMITTAL TO CONGRESS OF CERTAIN (A) in subparagraph (D), by adding ‘‘and’’ SEC. 106. USE OF INFORMATION. COURT ORDERS UNDER THE FOR- at the end; Subsection (i) of section 106 of the Foreign EIGN INTELLIGENCE SURVEILLANCE (B) in subparagraph (E), by striking ‘‘; Intelligence Surveillance Act of 1978 (8 ACT OF 1978. and’’ and inserting a period; and U.S.C. 1806) is amended by striking ‘‘radio (a) INCLUSION OF CERTAIN ORDERS IN SEMI- (C) by striking subparagraph (F); communication’’ and inserting ‘‘communica- ANNUAL REPORTS OF ATTORNEY GENERAL.— (4) by striking subsection (d); tion’’. Subsection (a)(5) of section 601 of the Foreign (5) by redesignating subsections (e) SEC. 107. AMENDMENTS FOR PHYSICAL Intelligence Surveillance Act of 1978 (50 through (i) as subsections (d) through (h), re- SEARCHES. U.S.C. 1871) is amended by striking ‘‘(not in- spectively; (a) APPLICATIONS.—Section 303 of the For- cluding orders)’’ and inserting ‘‘, orders,’’. (6) by amending subsection (e), as redesig- eign Intelligence Surveillance Act of 1978 (50 (b) REPORTS BY ATTORNEY GENERAL ON CER- nated by paragraph (5) of this section, to U.S.C. 1823) is amended— TAIN OTHER ORDERS.—Such section 601 is fur- read as follows: (1) in subsection (a)— ther amended by adding at the end the fol- ‘‘(e)(1) Notwithstanding any other provi- (A) by striking paragraph (2); lowing new subsection: sion of this title, the Attorney General may (B) by redesignating paragraphs (3) ‘‘(c) SUBMISSIONS TO CONGRESS.—The Attor- authorize the emergency employment of through (9) as paragraphs (2) through (8), re- ney General shall submit to the committees electronic surveillance if the Attorney Gen- spectively; of Congress referred to in subsection (a)— eral— (C) in paragraph (2), as redesignated by ‘‘(1) a copy of any decision, order, or opin- ‘‘(A) determines that an emergency situa- subparagraph (B) of this paragraph, by strik- ion issued by the Foreign Intelligence Sur- tion exists with respect to the employment ing ‘‘detailed’’; veillance Court or the Foreign Intelligence of electronic surveillance to obtain foreign (D) in paragraph (3)(C), as redesignated by Surveillance Court of Review that includes intelligence information before an order au- subparagraph (B) of this paragraph, by in- significant construction or interpretation of thorizing such surveillance can with due dili- serting ‘‘or is about to be’’ before ‘‘owned’’; any provision of this Act, and any pleadings gence be obtained; and associated with such decision, order, or opin- ‘‘(B) determines that the factual basis for (E) in paragraph (6), as redesignated by ion, not later than 45 days after such deci- issuance of an order under this title to ap- subparagraph (B) of this paragraph, in the sion, order, or opinion is issued; and prove such electronic surveillance exists; matter preceding subparagraph (A)— ‘‘(2) a copy of any such decision, order, or ‘‘(C) informs, either personally or through (i) by striking ‘‘Affairs or’’ and inserting opinion, and the pleadings associated with a designee, a judge having jurisdiction under ‘‘Affairs,’’; and such decision, order, or opinion, that was section 103 at the time of such authorization (ii) by striking ‘‘Senate—’’ and inserting issued during the 5-year period ending on the that the decision has been made to employ ‘‘Senate, or the Deputy Director of the Fed- date of the enactment of the FISA Amend- emergency electronic surveillance; and eral Bureau of Investigation, if the Director

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S190 CONGRESSIONAL RECORD — SENATE January 23, 2008 of the Federal Bureau of Investigation is un- (2) in section 305(k)(2), by striking ‘‘(2) The authority described in paragraph available—’’; and ‘‘303(a)(7)’’ and inserting ‘‘303(a)(6)’’. (1) shall apply to an order entered under any (2) in subsection (d)(1)(A), by striking ‘‘or SEC. 108. AMENDMENTS FOR EMERGENCY PEN provision of this Act.’’. the Director of National Intelligence’’ and REGISTERS AND TRAP AND TRACE SEC. 110. REVIEW OF PREVIOUS ACTIONS. DEVICES. inserting ‘‘the Director of National Intel- (a) DEFINITIONS.—In this section: Section 403 of the Foreign Intelligence Sur- ligence, or the Director of the Central Intel- (1) APPROPRIATE COMMITTEES OF CON- veillance Act of 1978 (50 U.S.C. 1843) is ligence Agency’’. GRESS.—The term ‘‘appropriate committees (b) ORDERS.—Section 304 of the Foreign In- amended— of Congress’’ means— telligence Surveillance Act of 1978 (50 U.S.C. (1) in subsection (a)(2), by striking ‘‘48 (A) the Select Committee on Intelligence 1824) is amended— hours’’ and inserting ‘‘168 hours’’; and and the Committee on the Judiciary of the (1) in subsection (a)— (2) in subsection (c)(1)(C), by striking ‘‘48 Senate; and (A) by striking paragraph (1); and hours’’ and inserting ‘‘168 hours’’. (B) the Permanent Select Committee on (B) by redesignating paragraphs (2) SEC. 109. FOREIGN INTELLIGENCE SURVEIL- Intelligence and the Committee on the Judi- through (5) as paragraphs (1) through (4), re- LANCE COURT. ciary of the House of Representatives. spectively; and (a) DESIGNATION OF JUDGES.—Subsection (2) TERRORIST SURVEILLANCE PROGRAM AND (2) by amending subsection (e) to read as (a) of section 103 of the Foreign Intelligence PROGRAM.—The terms ‘‘Terrorist Surveil- Surveillance Act of 1978 (50 U.S.C. 1803) is follows: lance Program’’ and ‘‘Program’’ mean the in- ‘‘(e)(1) Notwithstanding any other provi- amended by inserting ‘‘at least’’ before telligence activity involving communica- sion of this title, the Attorney General may ‘‘seven of the United States judicial cir- tions that was authorized by the President authorize the emergency employment of a cuits’’. during the period beginning on September 11, physical search if the Attorney General— (b) EN BANC AUTHORITY.— 2001, and ending on January 17, 2007. ‘‘(A) determines that an emergency situa- (1) IN GENERAL.—Subsection (a) of section EVIEWS.— tion exists with respect to the employment 103 of the Foreign Intelligence Surveillance (b) R (1) REQUIREMENT TO CONDUCT.—The Inspec- of a physical search to obtain foreign intel- Act of 1978, as amended by subsection (a) of tors General of the Office of the Director of ligence information before an order author- this section, is further amended— National Intelligence, the Department of izing such physical search can with due dili- (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and Justice, the National Security Agency, and gence be obtained; (B) by adding at the end the following new any other element of the intelligence com- ‘‘(B) determines that the factual basis for paragraph: issuance of an order under this title to ap- ‘‘(2)(A) The court established under this munity that participated in the Terrorist prove such physical search exists; subsection may, on its own initiative, or Surveillance Program shall work in conjunc- ‘‘(C) informs, either personally or through upon the request of the Government in any tion to complete a comprehensive review of, a designee, a judge of the Foreign Intel- proceeding or a party under section 501(f) or with respect to the oversight authority and ligence Surveillance Court at the time of paragraph (4) or (5) of section 702(h), hold a responsibility of each such Inspector Gen- such authorization that the decision has hearing or rehearing, en banc, when ordered eral— been made to employ an emergency physical by a majority of the judges that constitute (A) all of the facts necessary to describe search; and such court upon a determination that— the establishment, implementation, product, ‘‘(D) makes an application in accordance ‘‘(i) en banc consideration is necessary to and use of the product of the Program; with this title to a judge of the Foreign In- secure or maintain uniformity of the court’s (B) the procedures and substance of, and telligence Surveillance Court as soon as decisions; or access to, the legal reviews of the Program; practicable, but not more than 168 hours ‘‘(ii) the proceeding involves a question of (C) communications with, and participa- after the Attorney General authorizes such exceptional importance. tion of, individuals and entities in the pri- physical search. ‘‘(B) Any authority granted by this Act to vate sector related to the Program; ‘‘(2) If the Attorney General authorizes the a judge of the court established under this (D) interaction with the Foreign Intel- emergency employment of a physical search subsection may be exercised by the court en ligence Surveillance Court and transition to under paragraph (1), the Attorney General banc. When exercising such authority, the court orders related to the Program; and shall require that the minimization proce- court en banc shall comply with any require- (E) any other matters identified by such an dures required by this title for the issuance ments of this Act on the exercise of such au- Inspector General that would enable that In- of a judicial order be followed. thority. spector General to report a complete descrip- ‘‘(3) In the absence of a judicial order ap- ‘‘(C) For purposes of this paragraph, the tion of the Program, with respect to such proving such physical search, the physical court en banc shall consist of all judges who element. search shall terminate when the information constitute the court established under this (2) COOPERATION.—Each Inspector General sought is obtained, when the application for subsection.’’. required to conduct a review under para- the order is denied, or after the expiration of (2) CONFORMING AMENDMENTS.—The Foreign graph (1) shall— 168 hours from the time of authorization by Intelligence Surveillance Act of 1978 is fur- (A) work in conjunction, to the extent pos- the Attorney General, whichever is earliest. ther amended— sible, with any other Inspector General re- ‘‘(4) A denial of the application made under (A) in subsection (a) of section 103, as quired to conduct such a review; and this subsection may be reviewed as provided amended by this subsection, by inserting (B) utilize to the extent practicable, and in section 103. ‘‘(except when sitting en banc under para- not unnecessarily duplicate or delay, such ‘‘(5)(A) In the event that such application graph (2))’’ after ‘‘no judge designated under reviews or audits that have been completed for approval is denied, or in any other case this subsection’’; and or are being undertaken by such an Inspector where the physical search is terminated and (B) in section 302(c) (50 U.S.C. 1822(c)), by General or by any other office of the Execu- no order is issued approving the physical tive Branch related to the Program. search, no information obtained or evidence inserting ‘‘(except when sitting en banc)’’ (c) REPORTS.— derived from such physical search shall be after ‘‘except that no judge’’. (c) STAY OR MODIFICATION DURING AN AP- (1) PRELIMINARY REPORTS.—Not later than received in evidence or otherwise disclosed PEAL.—Section 103 of the Foreign Intel- 60 days after the date of the enactment of in any trial, hearing, or other proceeding in this Act, the Inspectors General of the Office or before any court, grand jury, department, ligence Surveillance Act of 1978 (50 U.S.C. of the Director of National Intelligence and office, agency, regulatory body, legislative 1803) is amended— the Department of Justice, in conjunction committee, or other authority of the United (1) by redesignating subsection (f) as sub- States, a State, or political subdivision section (g); and with any other Inspector General required to thereof, and no information concerning any (2) by inserting after subsection (e) the fol- conduct a review under subsection (b)(1), United States person acquired from such lowing new subsection: shall submit to the appropriate committees physical search shall subsequently be used or ‘‘(f)(1) A judge of the court established of Congress an interim report that describes disclosed in any other manner by Federal of- under subsection (a), the court established the planned scope of such review. ficers or employees without the consent of under subsection (b) or a judge of that court, (2) FINAL REPORT.—Not later than 1 year such person, except with the approval of the or the Supreme Court of the United States or after the date of the enactment of this Act, Attorney General if the information indi- a justice of that court, may, in accordance the Inspectors General required to conduct cates a threat of death or serious bodily with the rules of their respective courts, such a review shall submit to the appro- harm to any person. enter a stay of an order or an order modi- priate committees of Congress, to the extent ‘‘(B) The Attorney General shall assess fying an order of the court established under practicable, a comprehensive report on such compliance with the requirements of sub- subsection (a) or the court established under reviews that includes any recommendations paragraph (A).’’. subsection (b) entered under any title of this of such Inspectors General within the over- (c) CONFORMING AMENDMENTS.—The For- Act, while the court established under sub- sight authority and responsibility of such In- eign Intelligence Surveillance Act of 1978 (50 section (a) conducts a rehearing, while an ap- spector General with respect to the reviews. U.S.C. 1801 et seq.) is amended— peal is pending to the court established (3) FORM.—A report submitted under this (1) in section 304(a)(4), as redesignated by under subsection (b), or while a petition of subsection shall be submitted in unclassified subsection (b) of this section, by striking certiorari is pending in the Supreme Court of form, but may include a classified annex. ‘‘303(a)(7)(E)’’ and inserting ‘‘303(a)(6)(E)’’; the United States, or during the pendency of The unclassified report shall not disclose the and any review by that court. name or identity of any individual or entity

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S191 of the private sector that participated in the Foreign Intelligence Surveillance Act of 1978 under section 103(a) of the Foreign Intel- Program or with whom there was commu- (50 U.S.C. 1803(a)) shall reauthorize such ligence Surveillance Act of 1978 shall extin- nication about the Program. order if the facts and circumstances continue guish any extant authorization to conduct (d) RESOURCES.— to justify issuance of such order under the electronic surveillance or physical search en- (1) EXPEDITED SECURITY CLEARANCE.—The provisions of such Act, as in effect on the tered pursuant to such Act. Director of National Intelligence shall en- day before the date of the enactment of the (7) APPLICABLE PROVISIONS.—Any surveil- sure that the process for the investigation Protect America Act of 2007, except as lance conducted pursuant to an order en- and adjudication of an application by an In- amended by sections 102, 103, 104, 105, 106, 107, tered pursuant to this subsection shall be spector General or any appropriate staff of 108, and 109 of this Act. subject to the provisions of the Foreign In- an Inspector General for a security clearance (B) ORDERS IN EFFECT ON DECEMBER 31, telligence Surveillance Act of 1978, as in ef- necessary for the conduct of the review 2011.—Any order issued under title VII of the fect on the day before the date of the enact- under subsection (b)(1) is carried out as expe- Foreign Intelligence Surveillance Act of ment of the Protect America Act of 2007, ex- ditiously as possible. 1978, as amended by section 101 of this Act, in cept as amended by sections 102, 103, 104, 105, (2) ADDITIONAL LEGAL AND OTHER PER- effect on December 31, 2011, shall continue in 106, 107, 108, and 109 of this Act. SONNEL FOR THE INSPECTORS GENERAL.—An effect until the date of the expiration of such Mr. REID. Madam President, we have Inspector General required to conduct a re- order. Any such order shall be governed by conferred with our colleagues on the the applicable provisions of the Foreign In- view under subsection (b)(1) and submit a re- other side of the aisle. Senator BOND is telligence Surveillance Act of 1978, as so port under subsection (c) is authorized to aware of this new amendment. He has hire such additional legal or other personnel amended. as may be necessary to carry out such review (3) AUTHORIZATIONS AND DIRECTIVES IN EF- not had time to study the amendment. and prepare such report in a prompt and FECT.— He has been busy all day, as have all timely manner. Personnel authorized to be (A) AUTHORIZATIONS AND DIRECTIVES IN EF- my Republican colleagues at their re- hired under this paragraph— FECT ON DATE OF ENACTMENT.—Notwith- treat. But he will have time to work on (A) shall perform such duties relating to standing any other provision of this Act or of this tonight. His staff is working on it. such a review as the relevant Inspector Gen- the Foreign Intelligence Surveillance Act of We hope tomorrow to have a couple eral shall direct; and 1978, any authorization or directive in effect on the date of the enactment of this Act hours of debate, and then it is my un- (B) are in addition to any other personnel derstanding there could be and likely authorized by law. issued pursuant to the Protect America Act will be a motion to table this amend- SEC. 111. TECHNICAL AND CONFORMING AMEND- of 2007, or any amendment made by that Act, MENTS. shall remain in effect until the date of expi- ment. Section 103(e) of the Foreign Intelligence ration of such authorization or directive. I want to make sure Senators have Surveillance Act of 1978 (50 U.S.C. 1803(e)) is Any such authorization or directive shall be adequate time to debate this amend- amended— governed by the applicable provisions of the ment tomorrow. This is, if not the key (1) in paragraph (1), by striking ‘‘105B(h) or Protect America Act of 2007 (121 Stat. 552), amendment, one of the key amend- 501(f)(1)’’ and inserting ‘‘501(f)(1) or 702’’; and and the amendment made by that Act, and, except as provided in paragraph (4) of this ments to this legislation, and we want (2) in paragraph (2), by striking ‘‘105B(h) or to make sure everyone has adequate 501(f)(1)’’ and inserting ‘‘501(f)(1) or 702’’. subsection, any acquisition pursuant to such authorization or directive shall be deemed time. We are going to come in early in TITLE II—OTHER PROVISIONS not to constitute electronic surveillance (as the morning and start this matter as SEC. 201. SEVERABILITY. that term is defined in section 101(f) of the quickly as we can. So I am not going to If any provision of this Act, any amend- Foreign Intelligence Surveillance Act of 1978 ask consent tonight as to how much ment made by this Act, or the application (50 U.S.C. 1801(f)), as construed in accordance time will be spent on it, but this will thereof to any person or circumstances is with section 105A of the Foreign Intelligence held invalid, the validity of the remainder of Surveillance Act of 1978 (50 U.S.C. 1805a)). be the matter we take up tomorrow. HITE the Act, any such amendments, and of the (B) AUTHORIZATIONS AND DIRECTIVES IN EF- I have spoken to Senator W - application of such provisions to other per- FECT ON DECEMBER 31, 2011.—Any authoriza- HOUSE, who is a member not only of the sons and circumstances shall not be affected tion or directive issued under title VII of the Judiciary Committee but also the In- thereby. Foreign Intelligence Surveillance Act of telligence Committee. He has a very SEC. 202. EFFECTIVE DATE; REPEAL; TRANSITION 1978, as amended by section 101 of this Act, in important amendment he wishes to PROCEDURES. effect on December 31, 2011, shall continue in offer. It is a bipartisan amendment he (a) IN GENERAL.—Except as provided in effect until the date of the expiration of such has worked on for a significant period subsection (c), the amendments made by this authorization or directive. Any such author- Act shall take effect on the date of the en- ization or directive shall be governed by the of time, and we look forward to this actment of this Act. applicable provisions of the Foreign Intel- amendment. (b) REPEAL.— ligence Surveillance Act of 1978, as so Hopefully, we can work our way (1) IN GENERAL.—Except as provided in sub- amended. through some of these contentious section (c), sections 105A, 105B, and 105C of (4) USE OF INFORMATION ACQUIRED UNDER amendments tomorrow. It is something the Foreign Intelligence Surveillance Act of PROTECT AMERICA ACT.—Information acquired we need to do, and we are going to 1978 (50 U.S.C. 1805a, 1805b, and 1805c) are re- from an acquisition conducted under the work as hard as we can. There are pealed. Protect America Act of 2007, and the amend- strong feelings on each side. Everyone ments made by that Act, shall be deemed to (2) TABLE OF CONTENTS.—The table of con- has worked in good faith. I especially tents in the first section of the Foreign In- be information acquired from an electronic telligence Surveillance Act of 1978 (50 U.S.C. surveillance pursuant to title I of the For- appreciate the cooperation of Senator 1801 et seq.) is amended by striking the items eign Intelligence Surveillance Act of 1978 (50 LEAHY and Senator ROCKEFELLER. They relating to sections 105A, 105B, and 105C. U.S.C. 1801 et seq.) for purposes of section 106 have not agreed on everything, but (c) TRANSITIONS PROCEDURES.— of that Act (50 U.S.C. 1806), except for pur- they have agreed on a lot, and they (1) PROTECTION FROM LIABILITY.—Notwith- poses of subsection (j) of such section. have worked in a very professional standing subsection (b)(1), subsection (l) of (5) NEW ORDERS.—Notwithstanding any manner in working our way to the section 105B of the Foreign Intelligence Sur- other provision of this Act or of the Foreign point where we now are. veillance Act of 1978 shall remain in effect Intelligence Surveillance Act of 1978— I suggest the absence of a quorum. with respect to any directives issued pursu- (A) the government may file an application The PRESIDING OFFICER. The ant to such section 105B for information, fa- for an order under the Foreign Intelligence cilities, or assistance provided during the pe- Surveillance Act of 1978, as in effect on the clerk will call the roll. riod such directive was or is in effect. day before the date of the enactment of the The assistant legislative clerk pro- (2) ORDERS IN EFFECT.— Protect America Act of 2007, except as ceeded to call the roll. (A) ORDERS IN EFFECT ON DATE OF ENACT- amended by sections 102, 103, 104, 105, 106, 107, Mr. REID. Madam President, I ask MENT.—Notwithstanding any other provision 108, and 109 of this Act; and unanimous consent that the order for of this Act or of the Foreign Intelligence (B) the court established under section the quorum call be rescinded. Surveillance Act of 1978— 103(a) of the Foreign Intelligence Surveil- The PRESIDING OFFICER. Without (i) any order in effect on the date of enact- lance Act of 1978 shall enter an order grant- objection, it is so ordered. ment of this Act issued pursuant to the For- ing such an application if the application Mr. REID. Madam President, there eign Intelligence Surveillance Act of 1978 or meets the requirements of such Act, as in ef- will be no more votes tonight. We have section 6(b) of the Protect America Act of fect on the day before the date of the enact- a number of Senators who wish to 2007 (Public Law 110–55; 121 Stat. 556) shall ment of the Protect America Act of 2007, ex- remain in effect until the date of expiration cept as amended by sections 102, 103, 104, 105, speak. We understand Senator BOND of such order; and 106, 107, 108, and 109 of this Act. will be here, Senator ROCKEFELLER will (ii) at the request of the applicant, the (6) EXTANT AUTHORIZATIONS.—At the re- be here, Senator DODD will be here. court established under section 103(a) of the quest of the applicant, the court established That is good. They are going to be

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S192 CONGRESSIONAL RECORD — SENATE January 23, 2008 speaking about the legislation that is who are targets of intelligence gath- deal in a responsible way with the con- now before this body. ering when they are outside of the cerns of the telecommunications com- I suggest the absence of a quorum. United States. When they are inside panies. Senator SPECTER has an amend- The PRESIDING OFFICER. The the United States, there has never been ment that says: Look, if the tele- clerk will call the roll. a question that you need to get certain communications companies are oper- The assistant legislative clerk pro- warrants and certain information. ating in good faith, if they are inno- ceeded to call the roll. Well, this legislation also makes it cent in all this where they can’t defend Mr. CARDIN. Madam President, I ask clear that where an American is a tar- themselves, then let’s let the Govern- unanimous consent that the order for get outside of the United States, that ment be substituted for the tele- the quorum call be rescinded. individual will have proper protection. communications company. That pro- The PRESIDING OFFICER. Without But the legislation goes further and tects their interests, without compro- objection, it is so ordered. says that in the course of obtaining in- mising the ability of our courts to Mr. CARDIN. Madam President, I formation, you may get incidental in- make sure that all of our rights have take this time to speak in favor of the formation about an American who was been protected. I think that is a better Leahy substitute amendment to the not the target of the investigation, but course than what the Intelligence Com- FISA legislation. I start by thanking the American comes up in the commu- mittee did. There will be an amend- Senator ROCKEFELLER and Senator nication that has been gathered. We ment offered by Senator FEINSTEIN BOND, Senator LEAHY and Senator have certain minimization rules to pro- which I am a cosponsor of that says, SPECTER for their extraordinary work tect the rights of Americans who are look, we should at least have the on this most difficult subject. This is incidental to the information being courts—the courts—make a judgment not an easy subject. We are dealing gathered by the intelligence commu- as to whether the telecommunications with a technology that has changed nity. The Leahy substitute protects companies operated in good faith under and the need of our country to get in- Americans through strengthening the law. That decision shouldn’t be made formation through our intelligence minimization rules. by the executive branch that asked community, which is important for our The Leahy substitute protects the them for the information. That makes national security, and protecting the process by involving the courts. The common sense to me and offers us at constitutional and civil rights of the FISA courts are involved in making least some protection to make sure we people of our Nation. sure that the right procedures are used are moving with court supervision. So The Leahy substitute is a bill that in gathering information so that Amer- the Leahy substitute offers us the ad- was carefully worked and drafted with- icans are protected. vantage of eliminating the retroactive in the Judiciary Committee. The Intel- The Leahy substitute contains a pro- immunity which is extremely con- ligence Committee came up with their vision offered by Senator FEINSTEIN to troversial, and allows us to consider legislation. We passed it rather quickly make it clear that the gathering of in- that in its own right, which I am cer- before the recess. The Judiciary Com- formation under the FISA statute is tain we will have a chance to do by the mittee spent a lot of time looking at the exclusive way in which the intel- amendments that have been noted. the substance of how we could make ligence community can get informa- In addition, the Leahy substitute sure we got the language right, to tion of foreign-to-foreign communica- contains an amendment I offered in the make sure the intelligence community tions or communications that involve Judiciary Committee that changes the has the information they need, and telecommunications centers located in sunset provisions, the termination of that we do protect the rights of the the United States, but that the FISA these provisions, from a 6-year sunset people of our own country. The Leahy statute is the exclusive way to proceed to a 4-year sunset. Why is that impor- substitute does that, with the right so there will not be confusion in the fu- tant? First, it is interesting to point balance. ture as to whether there are extraor- out that the members of the Intel- I start by saying that I have been to dinary authorities you can use ligence Committee and the members of NSA on many occasions. It is located warrantless types of intercepts without the Judiciary Committee, in fact all of in the State of Maryland. The dedi- having congressional approval. It is the the Members of this body, have said we cated men and women who work there right balance, as I have indicated be- have gotten a lot of cooperation from work very hard to protect the interests fore, and I urge my colleagues to sup- the intelligence community, from the of our Nation. They do it with a great port the Judiciary Committee’s sub- administration in carrying out our re- deal of dedication and sensitivity to stitute offered by Senator LEAHY. sponsibility as the legislative branch of the type of information they obtain It even goes further than that. The Government to oversee what the execu- and how important it is to our country, Leahy substitute does not contain the tive branch is doing in this area. There but it must be done in the right way. retroactive immunity. The Intelligence has been tremendous cooperation. The need for the FISA legislation is so Committee bill contains retroactive Why? Because they know we have to we can continue to get information immunity for telecommunications pass a statute to continue this author- from non-Americans that is important companies. Now, my major problem ity. We have gotten access to informa- for our national security. Much of this with that is it will take away the ap- tion that at least initially the adminis- information is obtained from what we propriate jurisdiction of our courts to tration indicated we would not have call foreign to foreign, where we have act as a check and balance on potential access to. Well, we got access to it— communications between an American abuses of our rights of privacy. I must some of us did. I am sorry more were and a non-American in a country out- tell my colleagues—and I said this in not offered the opportunity to take a side of the United States, but because the Judiciary Committee and I have look at the confidential communica- of technology it falls within the defini- said it on the floor—that telecommuni- tions—the classified communications. tion of the FISA statute. We need to cations companies operating in good That type of cooperation is helpful clarify that in a way that will allow faith are entitled to help, entitled to when you have the requirement that the intelligence community to get that relief. They have serious problems in Congress has to act. information foreign to foreign, infor- defending their rights because of the Four years is preferable to six be- mation that is important for the secu- confidential nature of the information cause it will mean the next administra- rity of our country. The Leahy sub- they are dealing with, but there are tion that will take office in January of stitute recognizes the change in tech- ways to deal with that without com- next year will have to deal with this nology and the need for this informa- promising the independence of the judi- issue. If we continue a 6-year sunset, tion but does it in a way that protects cial branch of Government, without there will be no need for the next two the constitutional rights of the citizens compromising in the future the ability Congresses and the administration ever of our own country and the civil rights of our courts to make sure we protect to have to deal with this authority and of Americans. the rights of our citizens. to take a look at it to see whether it is Where an American is a target, that If we adopt the Leahy substitute, operating properly, to see whether person should have certain rights. The there are going to be other amend- technology changes have caused it to Leahy substitute protects Americans ments that will be offered that will need to change the way the law is

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S193 drafted. But a 4-year sunset will mean have jobs, but not making enough be- Just with China alone, this is the we will have plenty of time for the cause of foreclosures or cost of food or highest annual imbalance ever re- agency with predictability to establish transportation, simply not making— corded with a single country, with any its practices for gathering intelligence making low wages, not making enough bilateral relationship in world history. information about foreign subjects, but to make a go of it. The trade deficit we have with China we will also have an opportunity to re- Our Nation is bleeding jobs. The mid- now accounts for 33 percent of the U.S. view during the next administration dle class is shrinking. People are hurt- total trade deficit in goods. whether these provisions need to be ing. When it comes to responding to Since 1982, our Nation has accumu- modified, whether there is a different these realities, we have several lated trade deficits of $4.3 trillion. That way, a more effective way that we can choices. We can try to buy time, as is money that must be eventually re- get this information protecting the many of the Republican candidates for paid. When you look at $4.3 trillion, rights of the people of this Nation. President are saying, and leave it at think of the first President Bush’s for- For all of those reasons, I urge this that. The economy is cyclical; it will mula: a billion-dollar trade deficit body to approve the substitute that is get better; let’s ride it out. No govern- costs 13,000 jobs. being offered by Senator LEAHY. It is ment involvement at all. That is one Today, Americans are losing jobs for the product of the Judiciary Com- option. reasons, frankly, that have nothing to mittee. I believe it is a better way for The second option is we can enact a do with this recession. They have much us to collect the information. It gives short-term economic stimulus package to do with our country’s narrow, my- us the chance to take a look at the im- where we put money in the pockets of opic, tunnel-vision trade policies. When munity issue fresh and to make sure middle-class taxpayers, whether they we craft trade deals that favor gains we don’t compromise in the future the are paying income tax or Social Secu- for multinational corporations over proper roles of our courts in protecting rity tax, put money in the pockets of evenhanded competition for both trad- the privacy of the citizens of our own middle-class taxpayers, extend unem- ing partners, why should we be sur- country. It provides for a much strong- ployment compensation, offer aid for prised when U.S. companies are crip- er oversight by the legislative branch food stamps and food banks, and also pled or they move out of the country? of Government, and I urge my col- offer aid to LIHEAP for seniors who In Tippin, OH, where I visited a week leagues to support that amendment. are particularly victimized by this re- and a half ago, workers are losing their Madam President, I yield the floor. cession. pensions, health care, or the company The PRESIDING OFFICER. The Sen- The third option is we can learn from has come in and raided these commu- ator from Ohio is recognized. our mistakes. We certainly need to do nities and put people out of work, so THE ECONOMY the short-term economic stimulus there are less dollars for schools, less Mr. BROWN. Madam President, I ap- package. That is very important, but dollars for police protection, for fire preciate the comments of my colleague that is not enough. We can learn from protection, and fewer dollars for the from Maryland and his insight. The our mistakes. We can confront the un- local hardware store, fewer dollars for economic house in our country is not derlying causes of our Nation’s eco- the local restaurants, all of that. in order. The United States may be en- nomic stability. I want to focus on one That is why we need to enforce trade tering its first recession since 2001— of those causes. It is a refusal to ac- rules meant to prevent anticompetitive since the beginning of the Bush Presi- knowledge that U.S. trade policies practices by countries such as China. dency. It is pretty clear in my State of must evolve as the global marketplace We should not be surprised when our Ohio, from places I visited in January, does. manufacturing sector—which is not from Kenton to Celina to Cincinnati to When I first ran for Congress in 1992— only crucial to our economy but to na- Lancaster, to places all over my State, the same year as the Presiding Officer tional security—falters because of that people are suffering. Food banks was elected from her State of Wash- these anticompetitive practices. It is are at their most perilous time in at ington—our trade deficit was $38 bil- not in our Nation’s best interest to rely least 20 years. lion. Our trade deficit figures for 2007 on other nations for our defense infra- In Logan, OH, a small community are estimated at nearly $800 billion, structure, our transportation infra- halfway between Columbus and the and that is before we count the Decem- structure, our industrial infrastruc- center of the State and the Ohio River ber numbers. So we know our trade def- ture. and the town of Athens, halfway be- icit went from $38 billion to, a decade The tragedy is, we in this country do tween Hocking County and Logan, OH, and a half later, nearly $800 billion. the best research and development in is the United Methodist Food Pantry. President George Herbert Walker the world. We do the research and de- At 3:30 in the morning on a cold De- Bush has said that $1 billion in trade velopment and so often companies take cember day just about a month ago, deficit or surplus translates into 13,000 that research and development and people began to line up to go to this jobs. So if you sell a billion dollars make the products in other countries. food bank, and by 8 o’clock, when the more out of the country than you im- Then we continue to do research and doors opened, cars were all the way up port, that is a net increase of 13,000 development, and they continue to and down the road. This is a small jobs. If you export $1 billion less than take the production of these items and county. By 1 o’clock in the afternoon, you export, then that is costing 13,000 goods and this research and these high- 2,000 people—7 percent of the people in jobs. Do the math. We went from a $38 tech products out of our country. The this rural Appalachian county, Hock- billion trade deficit to an $800 billion research and development certainly ing County, Logan, OH—had come to trade deficit. creates jobs, good, high-paying jobs, this food bank; 2,000 people, 7 percent The fact is, these job-killing trade many in the State of the Presiding Of- of the people who live in this county, agreements are hemorrhaging jobs out ficer and many in mine. many having driven 20 or 30 minutes to of our country and our manufacturing The fact is, we cannot continue to get there. communities, from small towns such as run an economy when we do the re- Middle-class families in Ohio and Tippin, OH, to cities as large as Cleve- search and development in this country throughout our Nation face higher land, OH, from places like Chillicothe, and then we farm out the production of costs for energy and health care and to places like Columbus. The U.S. trade those goods that are developed to other education, amidst stagnant wages and deficit with China, which has contin- countries, to exploit low-wage labor, to falling home prices. In Lebanon, OH, in ued to spiral upward, hit $238 billion exploit weak environmental laws, to Warren County, the United Way direc- through November of 2007. In 1992, the exploit worker safety laws, to exploit tor told me 90 percent of people going year I ran for Congress, our trade def- the consumer products safety net. to food banks to pick up food are em- icit with China was slightly over $10 Look at the toxic toys coming from ployed. billion. It hit over $238 billion, and that China and the contaminated tooth- The mayor of Denver told a group of is just through November 2007. As paste and dog food, and the unsafe tires us today—Senator STABENOW and oth- President Bush the first said, $1 billion coming from countries that don’t have ers—that 40 percent of homeless people in trade deficit costs 13,000 jobs. Do the a consumer products safety net and the in greater Denver are employed, they math. food safety net we have.

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S194 CONGRESSIONAL RECORD — SENATE January 23, 2008 We clearly need a stronger manufac- we don’t demand safe imports from We need to take responsibility for turing sector such as we have had in China and our other trading partner the consequences of our inaction when our history. That sector cannot effec- nations, our investment in U.S. prod- it comes to trade policy. We need to tively compete against companies sub- uct safety becomes an exercise in futil- take responsibility for the con- sidized by the Chinese Government, ity. Think how it happens. U.S. compa- sequences of mistakes we have made in companies that pay slave wages, that nies shut down an American toy manu- writing trade policy. We need to too often churn out dangerous toys facturer, for instance, and those U.S. change course, and we need to do it that end up in our children’s bedrooms, companies, after shutting down the now. and toxic, contaminated food that ends manufacturing in the United States, I yield the floor. up too often in our families breakfast move to China. China is a country with (Mr. CASEY assumed the Chair.) rooms. low wages, unenforced environmental f On a level, competitive playing field, and worker safety standards. The U.S. U.S. companies thrive. When the cards company goes to China because of RECOGNIZING ROBERT ‘‘SARGENT’’ are stacked against them, they strug- weak environmental and worker safety SHRIVER gle, of course. standards and low wages. Because they Mr. REID. Mr. President, I rise today In 2007, prior to the onset of the 2008 don’t enforce those rules, you know to recognize Robert ‘‘Sargent’’ Shriver, recession, 217,000 manufacturing jobs what is going to happen. Products a role model, hero, and icon. An activ- across the country were lost. That was made in those countries will be made ist, attorney, and politician, Sargent last year before this recession seems to in bad conditions, and there is likely to Shriver has always led by example, have deepened. Madam President, be toxic or dangerous toys, and more driven by the desire to serve those less 217,000 jobs were lost in the manufac- likely to be contaminated food. fortunate. turing sector last year in places such The U.S. companies in China then Sargent Shriver’s political career as Youngstown, Warren, Ravenna, and push their Chinese subcontractors to began in 1960, when he worked for his Lima, all over my State. cut costs because they want more prof- brother-in-law, Democratic Presi- The United States now has fewer it. So they are pushing the Chinese dential candidate John F. Kennedy. manufacturing jobs—get this—the subcontractors to cut costs, and then Passionate about civil rights, Shriver United States, now with 300 million those products that are imported into was instrumental in connecting then- people, has fewer manufacturing jobs the United States are even more dan- Senator Kennedy with Reverend Mar- today than it did in 1950 when we had gerous. Then the Consumer Products tin Luther King, Jr. And when the about 150 million people in our coun- Safety Commission in this country— newly elected President established the try. Manufacturing jobs bring wealth because of President Bush’s decisions, Peace Corps in 1961, Shriver became to our communities. A job that pays we have weakened the regulatory sys- the new agency’s first director. This $15 an hour in Marion, OH, and pays $14 tem, so those products come in and organization, which promotes peace an hour in Springfield, OH, brings there are not enough inspectors. The and international friendship, embodies wealth into the community that spends laws are weakened, so the dangerous Shriver’s belief in public service by out into other jobs and prosperity for toys and contaminated food too often young people to help the poor and the other people in the community. ends up in our family rooms, bedrooms, uneducated abroad and at home. In less We have lost more than 3 million and our kitchens. than 6 years, Shriver developed volun- Some free-trade proponents say manufacturing jobs since President teer activities in more than 55 coun- workers and consumers should get over Bush took office in 2001. Many of these tries with more than 14,500 volunteers. jobs have been eliminated because of it, get used to it; it is globalization and In 1962, Sargent Shriver’s wife Eunice there is nothing you can do about it. imports from China or direct offshoring Kennedy Shriver began ‘‘Camp Shriv- That is wrong. to countries such as China. er,’’ a day camp for young people with Last week, NewPage, a paper manu- Continuing this course will not only physical and intellectual disabilities. facturing company based in cost the middle class more jobs, it will ‘‘Camp Shriver’’ grew into the Special Miamisburg, OH, near Dayton, an- cost our economy its global leadership. Olympics, of which Sargent Shriver nounced it was shutting down plants in It will foist so much debt on our chil- Wisconsin, Maine, and Chillicothe, OH. dren and their children that basic eco- later became president and chairman Heavily government-subsidized Chinese nomic security, basic retirement secu- of the board. Special Olympics was paper producers account for nearly 50 rity may be reserved for the fortunate built on Eunice and Sargent Shriver’s percent of the world market. few. Certainly not the middle class. shared dedication to expanding oppor- One country, because of subsidies and And as for the poor, just let them eat tunities for disabled persons, and today low wages, unenforced environmental cake. brings athletic competition to 2.5 peo- rules, and pretty much nonexistent The people in Ohio, in all corners, are ple in 165 countries. protection for workers, accounts for 50 swimming upstream against deterio- Shriver was presented with the percent of the world market. That is rating economic forces. One important Franklin D. Roosevelt Freedom from not free trade, that is a racket. reason for that is that Federal policy- Want Award in 1993, a prestigious China has done little to address the makers continue to cling to the fan- award that acknowledges a lifetime fundamental misalignment of its cur- tasy that markets run themselves and commitment to securing the basic rency, a practice that continues to police themselves, and as long as the needs of others. On August 8, 1994, take jobs and wealth from our country, rich are getting richer, wealth will President Bill Clinton recognized Sar- and they don’t share it with their trickle down, jobs will be created, and gent Shriver’s lifetime in public serv- workers. If they didn’t have an oppres- everybody is better off. ice with the Presidential Medal of sive, authoritarian government, it It is time to take the blinders off. To Freedom, the United States’ highest ci- would be a different story. They are secure our economy for the future, we vilian honor. taking wealth out of our country, and need to write trade rules that crack Additionally, Sargent Shriver served it means higher profits for outsourcing down on anticompetitive gaming. In as U.S. Ambassador to France and has companies, more money for the Chi- our country, still the most powerful in directed several organizations includ- nese Communist Party, for the Peo- the world, with the most vigorous ing, Head Start, Job Corps, Community ple’s Liberation Army, but not much economy, we need to write trade rules Action, Upward Bound, Foster Grand- for Chinese workers. that crack down on anticompetitive parents, and the National Center on When we allow China to manipulate gaming of the system. That is what Poverty. Today, Shriver lives in Mary- currency, trade isn’t free, it is fixed. they have done. We need trade rules land with his wife. When we allow China to import dan- that prevent dangerous products from To tell Shriver’s life story to the gerous products into our country, we entering our country. We need trade next generation, Emmy award-winning should not be surprised when Ameri- rules that acknowledge that destroying writer, producer and director Bruce cans balk. the environment in any country, Orenstein created a film entitled It took generations for our Nation to whether it is China or the United ‘‘American Idealist: The Story of Sar- build a solid product safety system. If States, is a threat to every country. gent Shriver.’’ The program, which

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S195 aired on the Public Broadcasting Serv- government was his founding, along way through every operation of Illinois ice this past Monday, January 21, 2008, with Congressman John Edward Porter Bell—construction/operations, installa- focuses on Shriver’s visionary devotion of Illinois, of the Congressional Human tion/repair, marketing, network coordi- to activism. By highlighting his role in Rights Caucus in 1983. In the inter- nation–planning, and business rela- the civil rights movement and the war vening quarter-century, the caucus has tions. He ended up at the crossroads in on poverty, this powerful film will help brought much-needed attention to the a job that combined his depth of spread Sargent Shriver’s message of most pressing human rights crises knowledge and love for the phone com- patriotic service. around the world. In 1987, the caucus pany with his devotion to Chicago and In closing, I extend my most sincere became the first official U.S. entity to the labor and civic organizations that gratitude to Robert Sargent Shriver. welcome recent Congressional Gold make it the greatest city in the world. As a result of this film, his legacy will Medal recipient, his Holiness the Dalai Leveraging his place in the business continue to inspire future generations Lama, to the United States. community with his Irish heritage, Bill of Americans. Considering Congressman LANTOS’ became an active member in the city of f wealth of intellect and wisdom in the Chicago and Cook County Irish Trade field of foreign policy, the United Missions. Mayor Richard M. Daley ap- RECOGNIZING CONGRESSMAN TOM States has been privileged to have him pointed Bill as the chairman of the LANTOS serve as chairman of the House Com- Chicago Sister Cities International Mr. REID. Mr. President, I rise today mittee on Foreign Affairs for the past Program—Galway Committee in Octo- to recognize one of America’s most re- 12 months, where he previously served ber of 2001. He has hosted mayors, spected and distinguished lawmakers: as ranking member. From demanding Members of the Irish Parliament and chairman of the House Committee on tougher sanctions on the Iranian gov- business leaders to promote trade and Foreign Affairs, TOM LANTOS of Cali- ernment to standing up for democracy business development between Chicago fornia. and human rights in Burma, his chair- and Ireland. Bill is also the chairman The story of Congressman LANTOS is manship has been nothing short of of the Business Development Com- unique in American history, and one masterful in these most difficult of mittee for the Cook County Irish Trade that serves as an inspiration to each of times. I can stand up here today, with Mission to County Down and County us. Born in Budapest, Hungary, on Feb- the full confidence of my colleagues in Cork. The ever-expanding success of ruary 1, 1928, this young man displayed the Senate, and say that American for- the South Side Irish Parade owes much the type of intellectual precociousness eign policy has been greatly enriched to Bill. He is the Parade’s emeritus characteristic of our great statesmen by the contributions of Congressman chair. of the past. It was during his youth in LANTOS throughout his tenure in the Bill also has been active in many Central Europe that Congressman LAN- House of Representatives. civic and nonprofit organizations. Clos- TOS experienced great joys but also en- I met TOM before I came to Wash- est to his heart are his involvement on dured a most terrible tragedy. ington in 1982. He is terrific in so many the advisory board for Misericordia By the time he was 16 years old, the ways and he is devoted to his wife, chil- Heart of Mercy and the executive board Nazis had occupied his native Hungary, dren, and grandchildren. His No. 1 pri- of the Mercy Home for Boys and Girls. and as a result of being born into a ority is his two beautiful daughters, 17 Bill was awarded the Misericordia Jewish family, Congressman LANTOS fantastic grandchildren, and two won- Heart of Mercy Award in 2001 for his was soon taken to a forced labor camp. derful great-grandchildren. He loves dedication and devotion to the Through unimaginable perseverance them and loves to talk about them. Misericordia Home where his sister and resolve, he survived long enough to I served with Chairman LANTOS dur- Rosemary lived many happy years. He escape and then complete the 22-mile ing my years as a Member of the House is also the past president of the Illinois trek to a safe house run by Swedish hu- of Representatives and consider him a Veterans Leadership Program, an exec- manitarian Raoul Wallenberg. Sadly, friend, as well as a leader. I shared the utive board member of the Irish Fel- like so many other Jewish families sadness of my fellow Senators and lowship Club, the Chicagoland Chamber torn apart by the Holocaust, Congress- House Members, when Chairman LAN- of Commerce, the Convention and man LANTOS lost his family in the or- TOS announced that he will leave the Tourism Bureau, as well as the Irish deal. House at the end of this year. On behalf American Alliance. As a result of his A bright moment during these dark- of all my friends in the Senate, I wish deep respect for law enforcement and est of times in human history was the you and your family all the best as you the fact that there has been a Gainer reunification of two childhood sweet- continue your public service in other serving continuously on the Chicago hearts. TOM and his lovely wife An- ways following this congressional ses- Police Department for over 100 years, nette first met as children growing up sion. Bill is an active member and strong in Budapest, and they have now en- f supporter of the Hundred Club of Cook tered their 58th year of devoted mar- County. riage to one another. RETIREMENT OF BILL GAINER Bill is the first to admit that behind Two years after the last shots of Mr. DURBIN. Mr. President, I rise all these wonderful accomplishments is World War II were fired, Congressman today to congratulate Bill Gainer for his great wife Gerry, a registered nurse LANTOS won a scholarship to study in his many professional contributions to and his six children, Bill, Bridget, the United States. Arriving in America my home State and to wish him well as Nora, Maureen, Mary, and Shelia and with nothing more than a piece Hun- he begins a new chapter in his life. I four grandchildren. Since they met at garian salami, he began his studies at have known Bill and his wife Gerry for Duffy’s Tavern in 1964, Bill and Gerry the University of Washington in Se- over 20 years. Bill is a proud son of the have not only been a great team, but attle, where he received a B.A. and southside of Chicago. He was born in also a lot of fun and a wonderful exam- M.A. in economics. This young aca- Roseland to Dorothy Quinn and Wil- ple of marriage and family. I congratu- demic then moved to San Francisco in liam Gainer, a second generation Chi- late him and his family and wish them 1950, where he began graduate studies cago police officer. He and his six the very best. at the University of California, Berke- brothers and sisters went to St. f ley, eventually receiving his Ph.D. in Wilabroad grammar school and Bill economics. graduated from St. Ignatius in 1958—at REMEMBERING MARTIN LUTHER Following three decades as a college 16 years of age. Bill found his calling KING, JR. professor in economics, TOM was elect- and started with Illinois Bell in 1960. Mr. KYL. Mr. President, on January ed to Congress in 1980 from the State of The next year he joined the Army 21, the Nation recognized the birthday California. Ever since, Congressman where he ran phone lines through of the Rev. Dr. Martin Luther King, Jr. LANTOS has enjoyed as fine a career in southern Texas in the 261st Signal Con- It is important that we honor this day public service as any lawmaker of his struction Corps. and that we do not let the significance generation. Perhaps his greatest single Starting at the top—of a telephone of Dr. King fade from our memories, as contribution to our cherished branch of pole as a lineman—Bill has worked his individuals and as a nation.

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S196 CONGRESSIONAL RECORD — SENATE January 23, 2008 I am pleased that citizens in my tion services this past weekend that you can’t laugh at that song, I think you State of Arizona have found ways to testified to this bond. need to lighten up a little. I’m dead, but if you’re reading this, you’re not, so take a mo- honor Dr. King and ensure that the les- f sons of his legacy continue to resound ment to enjoy that happy fact. HONORING OUR ARMED FORCES ‘‘Our thoughts form the universe. They al- among future generations. This past ways matter.’’ weekend the Senate Chaplain, Dr. MAJOR ANDREW OLMSTED —Citizen G’Kar, Babylon 5. Black, joined me in Phoenix for a num- Mr. KENNEDY. Mr. President, on ber of events relating the King com- January 3, 2008, MAJ Andrew Olmsted Believe it or not, one of the things I will memoration. Dr. Black preached two of Northborough, MA, was killed in miss most is not being able to blog any sermons and later delivered the key- Iraq. He was the first American serv- longer. The ability to put my thoughts on icemember to die in Iraq this year. (virtual) paper and put them where people note address at the Dr. Martin Luther can read and respond to them has been mar- King, Jr. Youth Scholarship service, a During his service there, he wrote a velous, even if most people who have read candlelight ceremony at Pilgrim Rest number of essays about his service that my writings haven’t agreed with them. If Baptist Church. he posted on the Internet. His final there is any hope for the long term success It is very fitting that these events essay, written in anticipation of his of democracy, it will be if people agree to lis- took place in churches. Dr. King, after possible death, is an eloquent farewell ten to and try to understand their political all, was a minister, and his speeches that I believe will be of interest to all opponents rather than simply seeking to and writings invoked biblical themes of us in Congress, and I ask unanimous crush them. While the blogosphere has its and were delivered with the zeal of a consent that it be printed in the share of partisans, there are some awfully smart people making excellent arguments fiery evangelist. Moreover, by recog- RECORD. out there as well, and I know I have learned nizing Dr. King in a place of worship, There being no objection, the mate- quite a bit since I began blogging. I flatter we are reminded of the important role rial was ordered to be printed in the myself I may have made a good argument or that religion plays in the public RECORD, as follows: two as well; if I didn’t, please don’t tell me. square. FINAL POST It has been a great five-plus years. I got to Indeed, the events like those I at- (January 4, 2008) meet a lot of people who are way smarter than me, including such luminaries as Vir- tended in Phoenix highlight the impor- ‘‘I am leaving this message for you because ginia Postrel and her husband Stephen tance that religious institutions play it appears I must leave sooner than I in- (speaking strictly from an ‘improving the tended. I would have preferred to say this in in civic life, and I believe they embody species’ perspective, it’s tragic those two person, but since I cannot, let me say it an important past of Dr. King’s legacy. don’t have kids, because they’re both scary here.’’ Alexis de Tocqueville observed long smart.), the estimable Hilzoy and Sebastian —G’Kar, Babylon 5. ago that ‘‘Freedom sees religion as the of Obsidian Wings, Jeff Goldstein and Ste- companion of its struggles and tri- phen Green, the men who consistently frus- ‘‘Only the dead have seen the end of war.’’ trated me with their mix of wit and wisdom umphs, the cradle of its infancy, and —Plato. the divine source of its rights. Religion I could never match, and I’ve no doubt left out a number of people to whom I apologize. is considered as the guardian of mores, This is an entry I would have preferred not Bottom line: if I got the chance to meet you and mores are regarded as the guar- to have published, but there are limits to through blogging, I enjoyed it. I’m only what we can control in life, and apparently I antee of the laws and pledge for the sorry I couldn’t meet more of you. In par- have passed one of those limits. And so, like maintenance of freedom itself.’’ ticular I’d like to thank Jim Henley, who G’Kar, I must say here what I would much Religion is an essential underpinning while we’ve never met has been a true com- prefer to say in person. I want to thank to a well-ordered society and a func- rade, whose words have taught me and whose Hilzoy for putting it up for me. It’s not easy support has been of great personal value to tioning democratic republic. The asking anyone to do something for you in me. I would very much have enjoyed meeting Founders of our country understood the event of your death, and it is a testa- Jim. that, and Dr. King did too. ment to her quality that she didn’t hesitate In his famous ‘‘I have a dream’’ Blogging put me in touch with an inordi- to accept the charge. As with many bloggers, nate number of smart people, an exhilarating speech, Dr. King invoked the words of I have a disgustingly large ego, and so I just if humbling experience. When I was young, I the Declaration of Independence. On couldn’t bear the thought of not being able was smart, but the older I got, the more I re- August 28, 1963, he told the throngs to have the last word if the need arose. Per- alized just how dumb I was in comparison to who had gathered on The Mall, ‘‘I have haps I take that further than most, I don’t truly smart people. But, to my credit, I a dream that one day this Nation will know. I hope so. It’s frightening to think think, I was at least smart enough to pay at- there are many people as neurotic as I am in rise up and live out the true meaning tention to the people with real brains and the world. In any case, since I won’t get an- even occasionally learn something from of its creed: ‘We hold these truths to be other chance to say what I think, I wanted self-evident: that all men are created them. It has been joy and a pleasure having to take advantage of this opportunity. Such the opportunity to do this. equal.’’’ as it is. ‘‘It’s not fair.’’ King believed, as the Founders wrote ‘‘When some people die, it’s time to be sad. ‘‘No. It’s not. Death never is.’’ in the Declaration, that we are created But when other people die, like really evil —Captain John Sheridan and Dr. Stephen equal and endowed with the right to people, or the Irish, it’s time to celebrate.’’ Franklin, Babylon 5. life and liberty by our Creator. King’s —Jimmy Bender, ‘‘Greg the Bunny.’’ speech could have very well been deliv- ‘‘They didn’t even dig him a decent grave.’’ ‘‘And maybe now it’s your turn to die kick- ‘‘Well, it’s not how you’re buried. It’s how ered to a congregation at a church in- ing some ass.’’ you’re remembered.’’ stead of before thousands at the Lin- —Freedom Isn’t Free, Team America. —Cimarron and Wil Andersen, The Cowboys. coln Memorial. In his message at the King celebra- What I don’t want this to be is a chance for I suppose I should speak to the cir- tion in Phoenix, Dr. Black urged the me, or anyone else, to be maudlin. I’m dead. cumstances of my death. It would be nice to congregation to remember some will That sucks, at least for me and my family believe that I died leading men in battle, seek to destroy the dream and dream- and friends. But all the tears in the world preferably saving their lives at the cost of aren’t going to bring me back, so I would er, but God will frustrate their plans. my own. More likely I was caught by a prefer that people remember the good things marksman or an IED. But if there is an These words echo what King said at about me rather than mourning my loss. (If afterlife, I’m telling anyone who asks that I the Lincoln Memorial almost 40 years it turns out a specific number of tears will, went down surrounded by hundreds of insur- ago, ‘‘With this faith, we will be able to in fact, bring me back to life, then by all gents defending a village composed solely of work together, to pray together, to means, break out the onions.) I had a pretty innocent women and children. It’ll be our lit- struggle together, to go to jail to- good life, as I noted above. Sure, all things tle secret, ok? gether, to stand up for freedom to- being equal I would have preferred to have I do ask (not that I’m in a position to en- gether, knowing that we will be free more time, but I have no business com- force this) that no one try to use my death plaining with all the good fortune I’ve en- to further their political purposes. I went to one day.’’ joyed in my life. So if you’re up for that, put Iraq and did what I did for my reasons, not Mr. President, it is imperative that on a little 80s music (preferably vintage 1980– yours. My life isn’t a chit to be used to we as Americans understand the bond 1984), grab a Coke and have a drink with me. bludgeon people to silence on either side. If between religion and freedom, and I If you have it, throw ‘Freedom Isn’t Free’ you think the U.S. should stay in Iraq, don’t was pleased to attend the King celebra- from the Team America soundtrack in; if drag me into it by claiming that somehow

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S197 my death demands us staying in Iraq. If you tain President Bush was not properly elect- future debate over war will be any less vitri- think the U.S. ought to get out tomorrow, ed, Congress voted for war as well.) As a sol- olic or emotional, but perhaps a few more don’t cite my name as an example of some- dier, I have a duty to obey the orders of the people will realize just what those costs can one’s life who was wasted by our mission in President of the United States as long as be the next time. Iraq. I have my own opinions about what we they are Constitutional. I can no more opt This may be a contradiction of my above should do about Iraq, but since I’m not out of missions I disagree with than I can ig- call to keep politics out of my death, but I around to expound on them I’d prefer others nore laws I think are improper. I do not con- hope not. Sometimes going to war is the not try and use me as some kind of moral sider it a violation of my individual rights to right idea. I think we’ve drawn that line too capital to support a position I probably have gone to Iraq on orders because I raised far in the direction of war rather than peace, didn’t support. Further, this is tough enough my right hand and volunteered to join the but I’m a soldier and I know that sometimes on my family without their having to see my army. Whether or not this mission was a you have to fight if you’re to hold onto what picture being used in some rally or my name good one, my participation in it was an affir- you hold dear. But in making that decision, being cited for some political purpose. You mation of something I consider quite nec- I believe we understate the costs of war; can fight political battles without hurting essary to society. So if nothing else, I gave when we make the decision to fight, we my family, and I’d prefer that you did so. my life for a pretty important principle; I make the decision to kill, and that means On a similar note, while you’re free to can (if you’ll pardon the pun) live with that. lives and families destroyed. Mine now falls think whatever you like about my life and ‘‘It’s all so brief, isn’t it? A typical human into that category; the next time the ques- death, if you think I wasted my life, I’ll tell lifespan is almost a hundred years. But it’s tion of war or peace comes up, if you knew you you’re wrong. We’re all going to die of barely a second compared to what’s out me at least you can understand a bit more something. I died doing a job I loved. When there. It wouldn’t be so bad if life didn’t take just what it is you’re deciding to do, and your time comes, I hope you are as fortunate so long to figure out. Seems you just start to whether or not those costs are worth it. as I was. get it right, and then . . . it’s over.’’ ‘‘This is true love. You think this happens ‘‘What an idiot! What a loser!’’ —Dr. Stephen Franklin, Babylon 5. every day?’’ —Chaz Reingold, Wedding Crashers. —Westley, The Princess Bride. I wish I could say I’d at least started to get it right. Although, in my defense, I think I ‘‘Oh and I don’t want to die for you, but if ‘‘Good night, my love, the brightest star in batted a solid .250 or so. Not a superstar, but dying’s asked of me; my sky.’’ I’ll bear that cross with honor, ’cause free- at least able to play in the big leagues. I’m —John Sheridan, Babylon 5. dom don’t come free.’’ afraid I can’t really offer any deep secrets or —American Soldier, Toby Keith. wisdom. I lived my life better than some, This is the hardest part. While I certainly worse than others, and I like to think that have no desire to die, at this point I no Those who know me through my writings the world was a little better off for my hav- longer have any worries. That is not true of on the Internet over the past five-plus years ing been here. Not very much, but then, few the woman who made my life something to probably have wondered at times about my of us are destined to make more than a tiny enjoy rather than something merely to sur- chosen profession. While I am not a Liber- dent in history’s Green Monster. I would be vive. She put up with all of my faults, and tarian, I certainly hold strongly individ- lying if I didn’t admit I would have liked to they are myriad, she endured separations ualistic beliefs. Yet I have spent my life in a have done more, but it’s a bit too late for again and again . . . I cannot imagine being profession that is not generally known for that now, eh? The bottom line, for me, is more fortunate in love than I have been with rugged individualism. Worse, I volunteered that I think I can look back at my life and Amanda. Now she has to go on without me, to return to active duty knowing that the at least see a few areas where I may have and while a cynic might observe she’s better choice would almost certainly lead me to made a tiny difference, and massive ego off, I know that this is a terrible burden I Iraq. The simple explanation might be that I aside, that’s probably not too bad. was simply stupid, and certainly I make no ‘‘The flame also reminds us that life is pre- have placed on her, and I would give almost bones about having done some dumb things cious. As each flame is unique; when it goes anything if she would not have to bear it. It in my life, but I don’t think this can be out, it’s gone forever. There will never be an- seems that is not an option. I cannot imag- chalked up to stupidity. Maybe I was incon- other quite like it.’’ ine anything more painful than that, and if sistent in my beliefs; there are few people —Ambassador Delenn, Babylon 5. there is an afterlife, this is a pain I’ll bear who adhere religiously to the doctrines of forever. their chosen philosophy, whatever that may I write this in part, admittedly, because I I wasn’t the greatest husband. I could have be. But I don’t think that was the case in would like to think that there’s at least a done so much more, a realization that, as it this instance either. little something out there to remember me so often does, comes too late to matter. But As passionate as I am about personal free- by. Granted, this site will eventually vanish, I cherished every day I was married to dom, I don’t buy the claims of anarchists being ephemeral in a very real sense of the Amanda. When everything else in my life that humanity would be just fine without word, but at least for a time it can serve as seemed dark, she was always there to light any government at all. There are too many a tiny record of my contributions to the the darkness. It is difficult to imagine my people in the world who believe that they world. But on a larger scale, for those who life being worth living without her having know best how people should live their lives, knew me well enough to be saddened by my been in it. I hope and pray that she goes on and many of them are more than willing to death, especially for those who haven’t without me and enjoys her life as much as use force to impose those beliefs on others. A known anyone else lost to this war, perhaps she deserves. I can think of no one more de- world without government simply wouldn’t my death can serve as a small reminder of serving of happiness than her. last very long; as soon as it was established, the costs of war. Regardless of the merits of ‘‘I will see you again, in the place where no strongmen would immediately spring up to this war, or of any war, I think that many of shadows fall.’’ establish their fiefdoms. So there is a need us in America have forgotten that war —Ambassador Delenn, Babylon 5. for government to protect the people’s means death and suffering in wholesale lots. rights. And one of the fundamental tools to A decision that for most of us in America I don’t know if there is an afterlife; I tend do that is an army that can prevent outside was academic, whether or not to go to war in to doubt it, to be perfectly honest. But if agencies from imposing their rules on a soci- Iraq, had very real consequences for hun- there is any way possible, Amanda, then I ety. A lot of people will protest that argu- dreds of thousands of people. Yet I was as will live up to Delenn’s words, somehow, ment by noting that the people we are fight- guilty as anyone of minimizing those very some way. I love you. ing in Iraq are unlikely to threaten the real consequences in lieu of a cold discussion f rights of the average American. That’s cer- of theoretical merits of war and peace. Now tainly true; while our enemies would cer- I’m facing some very real consequences of FURTHER CHANGES TO S. CON. tainly like to wreak great levels of havoc on that decision; who says life doesn’t have a RES. 21 our society, the fact is they’re not likely to sense of humor? Mr. CONRAD. Mr. President, pursu- But for those who knew me and feel this succeed. But that doesn’t mean there isn’t ant to section 301 of S. Con. Res. 21, I still a need for an army (setting aside de- pain, I think it’s a good thing to realize that bates regarding whether ours is the right this pain has been felt by thousands and previously filed revisions to S. Con. size at the moment). Americans are fortu- thousands (probably millions, actually) of Res. 21, the 2008 budget resolution. nate that we don’t have to worry too much other people all over the world. That is part Those revisions were made for legisla- about people coming to try and overthrow of the cost of war, any war, no matter how tion reauthorizing the State Children’s us, but part of the reason we don’t have to justified. If everyone who feels this pain Health Insurance Program, SCHIP. worry about that is because we have an army keeps that in mind the next time we have to Congress cleared H.R. 3963, the Chil- that is stopping anyone who would try. decide whether or not war is a good idea, per- dren’s Health Insurance Program Reau- Soldiers cannot have the option of opting haps it will help us to make a more informed out of missions because they don’t agree decision. Because it is pretty clear that the thorization Act of 2007, on November 1, with them: that violates the social contract. average American would not have supported 2007. The President vetoed that legisla- The duly-elected American government de- the Iraq War had they known the costs going tion on December 12, 2007. Unfortu- cided to go to war in Iraq. (Even if you main- in. I am far too cynical to believe that any nately, the House of Representatives

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S198 CONGRESSIONAL RECORD — SENATE January 23, 2008 was unsuccessful in its attempt today There being no objection, the mate- ular application by courts have become to override that veto. Consequently, I rial was ordered to be printed in the painfully clear. am further revising the 2008 budget res- RECORD, as follows: Injured plaintiffs have been denied olution and reversing the adjustments U.S. SENATE, justice, courts have failed to address previously made pursuant to section Washington, DC, January 17, 2008. fundamental questions of constitu- 301 to the aggregates and the alloca- Hon. BAN KI-MOON, tional rights and separation of powers, Secretary-General of the United Nations, tion provided to the Senate Finance and confusion pervades this area of Committee. United Nations Headquarters, New York, NY. DEAR SECRETARY-GENERAL: By letter dated law. The Senate debate on reforming I ask unanimous consent that the fol- the Foreign Intelligence Surveillance lowing revisions to S. Con. Res. 21 be January 2, 2008, 1 requested that the United Nations initiate an investigation into the as- Act has become far more difficult than printed in the RECORD. sassination of former Pakistani Prime Min- it ought to be because many believe There being no objection, the mate- ister Benazir Bhutto. With this letter, I am rial was ordered to be printed in the that if courts hear lawsuits against enclosing for you a copy of that letter and telecommunications companies, the RECORD, as follows: would appreciate a response. courts will be unable to deal fairly and After considering the matter further and CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL watching developments, it is my view that effectively with the Government’s in- YEAR 2008—S. CON. RES. 21; FURTHER REVISIONS TO the United Nations should organize a stand- vocation of the privilege. THE CONFERENCE AGREEMENT PURSUANT TO SECTION ing commission to investigate assassinations Studies show that the Bush adminis- 301 DEFICIT-NEUTRAL RESERVE FUND FOR SCHIP LEG- which would have international importance. tration has raised the privilege in over ISLATION We are seeing terrorism, supplemented by as- 25 percent more cases per year than sassinations, becoming commonplace to [In billions of dollars] previous administrations and has achieve political objectives. sought dismissal in over 90 percent Section 101 While a United Nations investigation into the assassination of former Prime Minister more cases. As one scholar recently (1)(A) Federal Revenues: Bhutto is still something that should be noted, this administration has used the FY 2007 ...... 1,900.340 FY 2008 ...... 2,019.643 done, it would obviously have been much privilege to ‘‘seek blanket dismissal of FY 2009 ...... 2,114.585 better to have had a unit in existence which every case challenging the constitu- FY 2010 ...... 2,169.124 could be immediately dispatched to the FY 2011 ...... 2,350.432 tionality of specific, ongoing govern- FY 2012 ...... 2,493.503 scene to investigate the locale as soon as ment programs’’ related to its war on (1)(B) Change in Federal Revenues: possible and to interrogate witnesses while ¥ terrorism, and as a result, the privilege FY 2007 ...... 4.366 their memories are fresh and before others FY 2008 ...... ¥31.153 is impairing the ability of Congress and FY 2009 ...... 7.659 might try to stop them from talking. FY 2010 ...... 5.403 I would very much appreciate your re- the judiciary to perform their constitu- FY 2011 ...... ¥44.118 tional duty to check executive power. FY 2012 ...... ¥103.593 sponse on these important matters. (2) New Budget Authority: Sincerely, Another leading scholar recently FY 2007 ...... 2,371.470 ARLEN SPECTER. FY 2008 ...... 2,503.226 found that ‘‘in practical terms, the FY 2009 ...... 2,520.727 f state secrets privilege never fails.’’ FY 2010 ...... 2,572.750 FY 2011 ...... 2,685.528 STATE SECRETS PROTECTION ACT Like other commentators, he con- FY 2012 ...... 2,722.688 cluded that ‘‘the state secrets privilege (3) Budget Outlays: FY 2007 ...... 2,294.862 Mr. KENNEDY. Mr. President, yes- is the most powerful secrecy privilege FY 2008 ...... 2,474.039 terday, Senator SPECTER and I intro- FY 2009 ...... 2,569.248 available to the president,’’ and ‘‘the FY 2010 ...... 2,601.736 duced the State Secrets Protection people of the United States have suf- FY 2011 ...... 2,692.419 Act. I have been working on this bill FY 2012 ...... 2,704.415 fered needlessly because the law is now with Senator SPECTER for several a servant to executive claims of na- months, and I thank him for his com- tional security.’’ CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL mitment and leadership on this very In 1980, Congress enacted the Classi- YEAR 2008—S. CON. RES. 21; FURTHER REVISIONS TO important issue. I hope that our col- fied Information Procedures Act— THE CONFERENCE AGREEMENT PURSUANT TO SECTION laboration on this legislation will dem- known as CIPA—to provide Federal 301 DEFICIT-NEUTRAL RESERVE FUND FOR SCHIP LEG- onstrate that even the most sensitive courts with clear statutory guidance ISLATION problems can be addressed through bi- on handling secret evidence in criminal [In millions of dollars] partisan cooperation if we keep the in- cases. For almost 30 years, courts have terests of the Nation front-and-center effectively applied that law to make Current Allocation to Senate Finance Committee: and roll up our sleeves to do the work criminal trials fairer and safer. During FY 2007 Budget Authority ...... 1,011,527 of seeking a realistic and workable so- that period, Congress has also regu- FY 2007 Outlays ...... 1,017,808 lution. The State Secrets Protection FY 2008 Budget Authority ...... 1,091,702 lated judicial review of national secu- Act is an essential response to a press- FY 2008 Outlays ...... 1,086,944 rity materials under the Foreign Intel- ing need. FY 2008–2012 Budget Authority ...... 6,067,019 ligence Surveillance Act and the Free- For years, there has been growing FY 2008–2012 Outlays ...... 6,057,014 dom of Information Act. Because of concern about the state secrets privi- Adjustments: these laws, Federal judges regularly re- FY 2007 Budget Authority ...... 0 lege. It is a common law privilege that view and handle highly classified evi- FY 2007 Outlays ...... 0 lets the Government protect sensitive dence in many types of cases. FY 2008 Budget Authority ...... ¥9,332 national security information from ¥ FY 2008 Outlays ...... 2,386 being disclosed as evidence in litiga- Yet, in civil cases, litigants have FY 2008–2012 Budget Authority ...... ¥49,711 been left behind. Congress has failed to ¥ tion. The problem is that sometimes FY 2008–2012 Outlays ...... 35,384 provide clear rules or standards for de- Revised Allocation to Senate Finance Committee: plaintiffs may need that information to FY 2007 Budget Authority ...... 1,011,527 show that their rights were violated. If termining whether evidence is pro- FY 2007 Outlays ...... 1,017,808 the privilege is not applied carefully, tected by the state secrets privilege. FY 2008 Budget Authority ...... 1,082,370 the Government can use it as a tool for We have failed to develop procedures FY 2008 Outlays ...... 1,084,558 cover up by withholding evidence that that will protect injured parties and FY 2008–2012 Budget Authority ...... 6,017,308 is not actually sensitive. The state se- also prevent the disclosure of sensitive FY 2008–2012 Outlays ...... 6,021,630 crets privilege is important, but there information. Because use of the state secrets privilege has escalated in re- f is a risk it will be overused and abused. The privilege was first recognized by cent years, there is an increasing need LETTER TO THE U.N. the Supreme Court in 1953, and it has for the judiciary and the executive to Mr. SPECTER. I ask unanimous con- been asserted since then by every ad- have clear, fair, and safe rules. sent that the attached letter to the ministration, Republican and Demo- Many have recognized the need for Honorable Ban Ki-Moon, Secretary- cratic. Under the Bush administration, congressional guidance on this issue. General of the United Nations, dated however, use of the state secrets privi- The American Bar Association recently January 17, 2008, be printed in the lege has dramatically increased and issued a report ‘‘urg[ing] Congress to RECORD. the harmful consequences of its irreg- enact legislation governing Federal

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S199 civil cases implicating the state se- sive evidence in the public record that the bill stronger, such as providing ex- crets privilege.’’ The bipartisan Con- the plaintiff was kidnapped and tor- pedited security clearance reviews for stitution Project found that ‘‘legisla- tured by the CIA on the basis of mis- attorneys. tive action [on the privilege] is essen- taken identity, but the court simply Under the State Secrets Protection tial to restore and strengthen the basic accepted at face value the Govern- Act, the Nation will be able to preserve rights and liberties provided by our ment’s claim that litigation would re- its commitment to individual rights constitutional system of government.’’ quire disclosure of state secrets. The and the rule of law, without compro- Leading constitutional scholars sent a court dismissed Mr. El-Masri’s case mising its national defense or foreign letter to Congress emphasizing that without even evaluating the evidence policy. Congress has clear constitu- there ‘‘is a need for new rules designed or considering whether the case could tional authority to regulate the rules to protect the system of checks and be litigated on other evidence. of procedure and evidence for the Fed- balances, individual rights, national se- When Federal courts accept the exec- eral courts, and it is long past time for curity, fairness in the courtroom, and utive branch’s state secrets claims as us to exercise this authority on such an the adversary process.’’ absolute, our system of checks and bal- important issue. I urge my colleagues The State Secrets Protection Act we ances breaks down. By refusing to con- in the Senate to pass this needed legis- are introducing responds to this need sider key pieces of evidence, or by dis- lation as soon as possible. by creating a civil version of CIPA. The missing lawsuits outright without con- Mr. SPECTER. Mr. President, I wish act provides guidance to the Federal sidering any evidence at all, courts to discuss the State Secrets Protection courts in handling assertions of the give the executive branch the ability to Act of 2008. Senator KENNEDY and I are privilege in civil cases, and it restores violate American laws and constitu- introducing this bipartisan bill in order checks and balances to this crucial tional rights without any account- to harmonize the law applicable in area of law by placing constraints on ability or oversight, and innocent vic- cases involving the executive branch’s the application of state secrets doc- tims are left unable to obtain justice. invocation of the privilege. This bill is trine. The act will strengthen our na- The kind of abuse that occurred in timely for several reasons. First, the tional security by requiring judges to Reynolds will no longer be possible use of the privilege appears to be on protect all state secrets from disclo- under the State Secrets Protection the rise in the post-September 11, 2001, sure, and it will strengthen the rule of Act. era, which has generated new public at- law by preventing misuse of the privi- The act requires courts to examine tention and concern about its legit- lege and enabling more litigants to the evidence for which the privilege is imacy. Second, there is some disparity achieve justice in court. claimed, in order to determine whether among the district and appellate court Recognizing that state secrets must the executive branch has validly in- opinions analyzing the privilege, par- be protected, the Act enables the exec- voked the privilege. The court must ticularly as to the question of whether utive branch to avoid publicly reveal- look at the actual evidence, not just courts must independently review the ing evidence if doing so might disclose Government affidavits about the evi- allegedly privileged evidence. Finally, a state secret. If a court finds that an dence, and make its own assessment of a codified test for evaluating state se- item of evidence contains a state se- whether information is covered by the crets that requires courts to review the cret, or cannot be effectively separated privilege. Only after a court has con- evidence in camera—a Latin phrase from other evidence that contains a sidered the evidence and found that it meaning ‘‘in the judge’s private cham- state secret, then the evidence is privi- provides a valid legal defense can it bers’’—will help to reassure the public leged and may not be released for any dismiss a claim on state secrets that the claims are neither spurious reason. Secure judicial proceedings and grounds. nor intended to cover up alleged Gov- other safeguards that have proven ef- The act also gives parties an oppor- ernment misconduct. With greater fective under CIPA and the Freedom of tunity to make a preliminary case with checks and balances and greater ac- Information Act will ensure that the their own evidence, and it allows countability, there is a commensurate litigation does not reveal sensitive in- courts to develop solutions to let law- increase in public confidence in our in- formation. suits proceed, such as by directing the stitutions of Government. At the same time, the State Secrets Government to produce unclassified In view of its increasing use, incon- Protection Act will prevent the execu- substitutes for secret evidence. Many sistent application, and public criti- tive branch from using the privilege to of these powers are already available to cism, we think the time is ripe to pass deny parties their day in court or courts, but they often go unused. In ad- legislation codifying standards on the shield illegal activity that is not actu- dition, the act draws on CIPA to in- state secrets privilege. Our bill builds ally sensitive. A recently declassified clude provisions for congressional re- upon proposals by the American Bar report shows that the executive branch porting that will ensure an additional Association and legal scholars who abused the state secrets privilege in layer of oversight. have called upon Congress to legislate the very Supreme Court case, United I am pleased that the senior Senator in this area. States v. Reynolds (1953), that serves as from Pennsylvania and I have been Mr. President, I begin my remarks by the basis for the privilege today. In able to work together to produce this discussing some of the historical and Reynolds, an accident report was kept bill. We expect to have a hearing soon more recent applications of the state out of court due to the government’s on the state secrets privilege in the Ju- secrets doctrine—which have run the claim that it would disclose state se- diciary Committee under the leader- gamut from cases involving military crets. The court never even looked at ship of Chairman LEAHY, who is a co- aviation technology to CIA sources and the report. Now that the report has sponsor of the bill and a strong sup- methods, to extraordinary rendition been made public, we’ve learned that in porter of state secrets reform. I look and the terrorist surveillance program, fact it contained no state secrets what- forward to a full airing of the issues or TSP. ever but it did contain embarrassing and the important feedback that will In the 1876 case Totten v. United information revealing government neg- come from the committee’s thoughtful States, 92 U.S. 105, 1876, the Supreme ligence. consideration of the legislation. Court acknowledged a privilege that In recent years, Federal courts have In particular, as the bill moves for- barred claims between the Government applied the Reynolds precedent to dis- ward, we intend to continue to explore and its covert agents ‘‘in all secret em- miss numerous cases—on issues rang- the possibilities for providing relief to ployments of the government in time ing from torture, to extraordinary ren- plaintiffs who have a winning case but of war, or upon matters affecting our dition, to warrantless wiretapping— cannot get a trial because every piece foreign relations, where a disclosure of without ever reviewing the evidence. of evidence they need is privileged. the service might compromise or em- Some courts have even upheld the ex- This is an extremely difficult subject, barrass our government in its public ecutive’s claims of state secrets when which Congress should address if we duties, or endanger the person or injure the purported secrets were publicly can find a fair way to do so that will the character of the agent.’’ The available, as in the case of El-Masri v. also protect legitimate secrets. We will Totten case involved a purported Civil Tenet. In that case, there was exten- also explore other measures to make War spy who sought to sue President

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S200 CONGRESSIONAL RECORD — SENATE January 23, 2008 Lincoln to enforce an alleged espionage high burden for proving a claim of Having reviewed it in camera, we conclude agreement. In 2005, the Court re- fraud on the court. The Third Circuit that the Sealed Document is protected by affirmed the holding in Totten that wrote: the state secrets privilege, along with the in- ‘‘lawsuits premised on alleged espio- formation as to whether the government We further conclude that a determination surveilled Al-Haramain. We take very seri- of fraud on the court may be justified only nage agreements are altogether forbid- ously our obligation to review the docu- by ‘‘the most egregious misconduct directed den.’’ Tenet v. Doe, 544 U.S. 1, 2005. ments with a very careful, indeed a skep- to the court itself,’’ and that it ‘‘must be Notwithstanding Totten, the modern tical, eye, and not to accept at face value the supported by clear, unequivocal and con- state secrets privilege was first recog- government’s claim or justification of privi- vincing evidence.’’ The claim of privilege by lege. Simply saying ‘‘military secret,’’ ‘‘na- nized by the Supreme Court in the 1953 the United States Air Force in this case can tional security’’ or ‘‘terrorist threat’’ or in- case of United States v. Reynolds, 345 reasonably be interpreted to include within voking an ethereal fear that disclosure will U.S. 1, 1953. Reynolds involved the Gov- its scope information about the workings of threaten our nation is insufficient to support ernment’s assertion of the military se- the B–29, and therefore does not meet the de- manding standard for fraud upon the court. the privilege. Sufficient detail must be—and crets privilege for an accident report has been—provided for us to make a mean- discussing the crash of a B–29 bomber, I cite Herring, 386–387. This ruling, ingful examination. The process of in camera which killed three civilian engineers however, did not end public debate on review ineluctably places the court in a role along with six military personnel. In the matter. As recently as last Octo- that runs contrary to our fundamental prin- Reynolds, the Supreme Court set out ber, the New York Times editorialized: ciple of a transparent judicial system. It also several rules pertinent to the assertion ‘‘[T]he Reynolds case itself is an object places on the court a special burden to as- and consideration of the state secrets lesson in why courts need to apply a sure itself that an appropriate balance is privilege. For example, the Court said healthy degree of skepticism to state struck between protecting national security secrets claims. . . . When the docu- matters and preserving an open court sys- the privilege belongs to the Govern- tem. That said, we acknowledge the need to ment. It can be neither claimed nor ments finally became public just a few defer to the Executive on matters of foreign waived by a third party. The Court also years ago, it became clear that the policy and national security and surely can- held that the privilege must be as- government had lied. The papers con- not legitimately find ourselves second guess- serted ‘‘in a formal claim of privilege tained information embarrassing to the ing the Executive in this arena. lodged by the head of the department government but nothing to warrant top I cite 507 F.3d at 1203 which has control over the matter, secret treatment or denying American The State Secrets Protection Act es- after actual consideration by that offi- citizens honest adjudication of their sentially codifies the Al-Haramain test cer.’’ Further, ‘‘the showing of neces- lawsuit.’’ by requiring courts to evaluate the as- sity which is made will determine how Upon learning of the Herring case, sertion of a state secrets privilege in far the court should probe in satisfying which was filed in Philadelphia, it be- light of an in camera review of the al- itself that the occasion for invoking came clear to me that codifying provi- legedly privileged documents. I think the privilege is appropriate.’’ Signifi- sions for a court to use in ruling on it is highly advisable to codify both the cantly, however, the Supreme Court state secrets cases was desirable for a means of asserting the privilege and held that the material in question need number of reasons—including the the method for reviewing courts to go not necessarily be disclosed to the re- added legitimacy of having a judge about resolving claims of privilege be- viewing judge. On this point, the Rey- evaluate the validity of the claim. I cause the state secrets privilege is nolds Court said: think that by requiring in camera being asserted more frequently and the Judicial control over the evidence in a case court review, we will ultimately pro- resulting decisions will benefit from vide parties with greater trust in the cannot be abdicated to the caprice of execu- more consistent procedures. Indeed, integrity of the claim and, impor- tive officers. Yet we will not go so far as to one recent study indicates that, of the tantly, appropriate closure. say that the court may automatically re- approximately 89 state secrets cases quire a complete disclosure to the judge be- The benefits of court review are illus- fore the claim of privilege will be accepted in trated by recent events in the Ninth adjudicated since the Supreme Court’s any case. It may be possible to satisfy the Circuit. On November 16, 2007, the decision in Reynolds, courts have de- court, from all the circumstances of the Ninth Circuit decided Al-Haramain Is- clined to review any evidence in at case, that there is a reasonable danger that lamic Foundation, Inc. v. Bush, 507 F.3d least 16 cases. It is unclear whether the compulsion of the evidence will expose mili- courts reviewed any evidence in an- tary matters which, in the interest of na- 1190 (9th Cir. (Ca.) 2007), a case in which the plaintiffs challenged alleged sur- other 16 cases, so the number could be tional security, should not be divulged. When as high as 32, or more than a third of this is the case, the occasion for the privi- veillance of their organization under lege is appropriate, and the court should not the terrorist surveillance program, the total. The current bill would end jeopardize the security which the privilege is TSP. The case stands out in TSP juris- this practice. meant to protect by insisting upon an exam- prudence because the plaintiff alleged Reliable statistics on the use of the ination of the evidence, even by the judge the Government had unwittingly pro- state secrets privilege are somewhat alone, in chambers. vided proof that it was surveilling the difficult to come by because not all Unfortunately, this limitation on ju- plaintiff by inadvertently disclosing a cases are reported. The Reporters’ dicial review ultimately led to further partial transcript of phone conversa- Committee for Freedom of the Press litigation and public skepticism when tions. The district court denied the claims that, ‘‘while the government as- the accident report from the Reynolds Government’s motion to dismiss on serted the privilege approximately 55 case was later declassified—a result the grounds of the state secrets privilege, times in total between 1954 . . . and State Secrets Protection Act seeks to but the Ninth Circuit reversed. Citing 2001, [the government] asserted it 23 avoid in future cases. Totten and Reynolds, the Al-Haramain times in the four years after Sept. 11.’’ In 2003, after the documents at issue court acknowledged that when the very With the use of the privilege appar- in Reynolds were declassified, one of subject matter of the lawsuit is a state ently on the rise, the risk of abuse also the original plaintiffs and heirs of the secret, dismissal without evaluating grows. As I have noted, critics argue others brought suit alleging that the the claim might be appropriate. How- that the Government has abused the Government had committed a ‘‘fraud ever, given all of the public disclosures privilege to cover up cases of malfea- upon the court.’’ I cite Herring v. United concerning the TSP, the Al-Haramain sance and illegal activity. They point States, 424 F.3d 384 (3d Cir. 2005), cert. court held that the subject matter of to the aftermath of Reynolds and more denied by Herring v. United States, 547 the lawsuit was not itself a state se- recently to the case of Khaled El- U.S. 1123, May 1, 2006. They claimed the cret. Instead, the court concluded that Masri, whose claim that the was sub- Government had asserted the military it ‘‘must make an independent deter- ject to extraordinary rendition was dis- secrets privilege for documents that mination whether the information is missed following the Government’s did not reveal anything sensitive sim- privileged.’’ This is 507 F.3d at 1202. It successful assertion of the state secrets ply to conceal the Government’s own did so by undertaking a full review of privilege at the district and appellate negligence. Nevertheless, both the dis- the privileged documents in camera. court levels. This is El-Masri v. United trict court and the Third Circuit de- The Al-Haramain court described its States, 479 F.3d 296 (4th Cir. (Va.) March clined to reopen the case after finding review of the sealed document at issue 2, 2007), cert. denied, 128 S.Ct. 373 (Octo- that the plaintiffs could not meet the and the balancing test it imposed: ber 9, 2007). Although the Supreme

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S201 Court declined to revisit the state se- in the Senate, Marty has helped to tects their right to know. I am pleased crets doctrine in the El-Masri case, guide this body as it has addressed that during the waning hours of 2007, there is ample cause for congressional some of the most pressing issues, and the President signed the Leahy-Cornyn action—both to protect legitimate se- faced some of the most difficult chal- Openness Promotes Effectiveness in crets and ensure public confidence in lenges, in our Nation’s history. our National Government Act, the the process for adjudicating such privi- Marty began his career in the Con- ‘‘OPEN Government Act,’’ S. 2488, into lege claims. gress, working in the House Post Office law—enacting the first major reforms The State Secrets Protection Act es- and the Senate Parking Office. From to the Freedom of Information Act, tablishes a clear standard for applica- there, he quickly rose through the ‘‘FOIA’’ in more than a decade. tion of the state secrets privilege and ranks to become an assistant in the Today, our Government is more open creates procedures for reviewing courts Democratic cloakroom in 1979. After and accountable to the American peo- to follow in evaluating privilege demonstrating his keen understanding ple than it was just a year ago. With claims. Specifically, the Kennedy-Spec- of floor procedures, he became a mem- the enactment of FOIA reform legisla- ter State Secrets Protection Act: ber of the floor staff for the Demo- tion, the Congress has demanded and Defines state secrets and codifies the cratic Policy Committee and later as- won more openness and accountability standard for evaluating privilege sistant secretary of the majority. In regarding the activities of the execu- claims: The bill defines ‘‘state secret’’ 1995, he was elected as secretary of the tive branch. I call on the President to as ‘‘any information that, if disclosed minority, and continued to serve in vigorously and faithfully execute the publicly, would be reasonably likely to that role, and later as the secretary of OPEN Government Act, and I hope that cause significant harm to the national the majority, for the Democratic cau- he will fully enforce this legislation. defense or foreign relations of the cus. Sadly, the early signs from the ad- United States.’’ It requires Federal As we all know, the procedures of the ministration are troubling. Just this courts to decide cases after ‘‘consider- Senate are complicated, and at times week, the administration signaled that ation of the interests of justice and na- perplexing. Indeed, Americans watch- it will move the much-needed funding tional security.’’ ing us from home may wonder how we for the Office of Government Informa- Requires court examination of evi- are able get our important legislative tion Services created under the OPEN dence subject to privilege claims: The work done. Well, one of the principal Government Act from the National Ar- legislation requires courts to evaluate reasons is that Republican and Demo- chives and Records Administration to the privilege by reviewing pertinent cratic Senators alike have been able to the Department of Justice. Such a evidence in camera. By statutorily em- rely on Marty’s counsel when it comes move is not only contrary to the ex- powering courts to review the evidence, to questions about the rules of the Sen- press intent of the Congress, but it is the bill will substantially mitigate the ate. Marty possesses a vast and de- also contrary to the very purpose of risk of future allegations that the Gov- tailed knowledge of the history and this legislation—to ensure the timely ernment committed ‘‘fraud upon the procedures of the Senate that is pos- and fair resolution of American’s FOIA court,’’ as asserted by the Reynolds sibly second only to that of our distin- requests. Given its abysmal record on plaintiffs 50 years after the landmark guished President Pro Tempore, Sen- FOIA compliance during the last 7 decision. ator ROBERT C. BYRD. And he has a years, I hope that the administration Closes hearings on the privilege—ex- well-deserved reputation as a straight will reconsider this unsound decision cept those involving mere legal ques- shooter. Whenever I have approached and enforce this law as the Congress in- tions: Under the legislation, hearings Marty with a question during my time tended. are presumptively held in camera but as a Senator, I have always been able In addition, for the first time ever only ex parte if the court so orders. to count on him for a straight answer— under the new law implementing the Requires attorney security clear- even when my position may have run recommendations of the 9/11 Commis- ances: Under the bill, courts must limit counter to that of my leadership. sion, Federal agencies will be required participation in hearings to evaluate Throughout his tenure in the Senate, to fully disclose to Congress their use state secrets to attorneys with appro- Marty has also served as a steady hand, of data mining technology to monitor priate clearances. Moreover, it allows helping this Chamber through changes the activities of ordinary American for appointment of guardians ad litem in our country’s leadership and critical citizens. I am pleased that this law with clearances to represent parties events in our Nation’s history. Marty’s contains the reforms that I cospon- who are absent from proceedings. career has been marked by five dif- sored last year to require data mining Permits the Government to produce ferent Presidents, five Republican Sen- reporting and to strengthen the Pri- a nonprivileged substitute: Consistent ate leaders and four Democratic Senate vacy and Civil Liberties Oversight with the Classified Information Proce- leaders. Marty has also served during Board. dures Act, the bill allows for the use of several key historic moments, from the Surely all of these OPEN Govern- nonprivileged substitutes, where pos- end of the Cold War to the tragic ment reforms are cause to celebrate. sible. If the court orders the Govern- events of September 11, 2001. It was But there is much more work to be ment to provide a nonprivileged sub- after September 11 that Marty’s exten- done. stitute and the Government declines to sive experience and understanding be- During the second session of the provide it, the court resolves fact ques- came especially important as he helped 110th Congress, I intend to work hard tions involving the evidence at issue guide this body during an extremely to build upon these OPEN Government against the Government. difficult and uncertain time. That serv- successes, so that we have a govern- Protects evidence: The proposed bill ice to the Senate, and to the country, ment that is more open and account- incorporates the security procedures was invaluable, and I will always re- able to all Americans. As chairman of established in the Classified Informa- member it. the Judiciary Committee, I have made tion Procedures Act and permits the I wish Marty, his wife Ruby, and oversight of the FOIA reforms con- Chief Justice to create additional rules their three children, Alexander, Steph- tained in the OPEN Government Act to safeguard state secrets evidence. anie, and T.J., all the best as Marty be- one of my top priorities. I will also I commend the bill to all of my Sen- gins this new chapter in his life. He continue to work closely with Members ate colleagues. will be greatly missed, but he leaves on both sides of the aisle and in both f behind a lasting impact that will help Chambers to address the growing and guide this body for years to come. troubling use of FOIA (b)(3) exemptions HONORING MARTIN P. PAONE f to withhold information from the Mr. FEINGOLD. Mr. President, today American people. I wish to honor our distinguished Sec- OPEN GOVERNMENT ACT As the son of a Vermont printer, I retary of the Majority, Martin Paone, Mr. LEAHY. Mr. President, as we understand the great value of docu- who announced recently his plans to start a new year—and the Senate starts menting and preserving our Nation’s leave the Senate after almost 30 years a new session—the American people rich history for future generations, so of exemplary service. During his career have a new law that honors and pro- that our democracy remains open and

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S202 CONGRESSIONAL RECORD — SENATE January 23, 2008 free. Next month, I will convene an im- immediately on food and clothing, and secure structures, the community serv- portant hearing of the Judiciary Com- this money will very quickly churn in ice its employees perform is what mittee on the Founding Fathers the local economy. But equally impor- makes Ganneston so deserving of ac- Project and the effort to make the his- tantly, the goal of stimulating the knowledgment. Setting an inspira- torical writings of our Nation’s Found- economy should be one of improving tional example is Stacey Morrison, ers more accessible and open to the the quality of life for Americans. The chief executive officer and owner of public. people who are in the greatest need of Ganneston Construction. In addition to I will also work to ensure Senate pas- help, directly hurt by economic de- managing the company’s day-to-day sage of the Presidential Records Act cline, are those who have lost their operations, Mrs. Morrison makes time Amendments of 2007, S. 886 to reverse a jobs. It only makes sense that we make to serve the local area in multiple troubling Bush administration policy their needs a priority. ways. She is a member of the board of to curtail the disclosure of Presidential I think that this period of economic Women Unlimited, a praiseworthy records. And I will continue my fight difficulty also highlights the need to Maine organization that supplies to ensure the public’s right to know by pass the broader unemployment reform women, minority, and displaced work- urging the prompt consideration and efforts that Senator KENNEDY is spear- ers with the tools, training, and con- passage of meaningful press shield leg- heading. While this stimulus measure sistent support needed to be successful islation in the Senate. will help many people who are unem- in the technical, trade, and transpor- More that two centuries ago, Patrick ployed, we need to cover part-time tation industries. Similarly, Mrs. Mor- Henry proclaimed that ‘‘[t]he liberties workers who have lost their jobs, and rison volunteers for the Kennebec Val- of a people never were, nor ever will be, make sure we are counting all recent ley United Way and was recently elect- secure, when the transactions of their periods of work toward unemployment ed chairwoman of the chapter for 2008. rulers may be concealed from them.’’ I eligibility and levels. Ganneston’s employees have emulated could not agree more. Open govern- Extending unemployment benefits is Mrs. Morrison’s compassion and leader- ment is not a Democratic value, nor a regularly employed to stimulate a flag- ship and have donated countless hours Republican value. It is an American ging economy, and these payments and dollars to service organizations value and an American virtue. In this have been proven to quickly add de- throughout central Maine. Ganneston Construction’s record of new year, at this new and historic time mand to the economy. I hope that we success and service is stellar. On the for our Nation, I urge all Members to are all in agreement that this is an es- one hand, Ganneston has never failed join me in supporting an agenda of an sential component of any stimulus to complete a contract and continues open and transparent Government on package. to see its workload rise as a result of behalf of all Americans. f its first-rate performance. Whether f ADDITIONAL STATEMENTS constructing for the Air National VOTE EXPLANATION Guard or the University of Maine, for Mr. THUNE. Mr. President, last RECOGNIZING GANNESTON shopping centers or apartment com- night, due to airline flight delays in CONSTRUCTION CORPORATION plexes, Ganneston maintains a commit- ment to solid craftsmanship that has South Dakota and Minneapolis, I ∑ Ms. SNOWE. Mr. President, I wish to helped the company earn its pres- missed the rollcall vote on H.R. 4986, recognize a small business from the amended version of the Department tigious reputation. On the other hand, Maine’s capital city that will be hon- the company’s officers and employees of Defense authorization bill. Had I ored this coming Friday for earning donate significant time and resources been present for this vote, I would have the Kennebec Valley Chamber of Com- to help those in need, making good on voted ‘‘yes’’—similar to my vote in De- merce’s President’s Award for its out- Ganneston’s value statement ‘‘to give cember when the Senate initially standing contributions to the quality back to the community in which we passed H.R. 1585, the conference report of life in the greater Augusta area. live.’’ I thank Stacey Morrison and ev- to the Department of Defense author- Ganneston Construction Corporation, a eryone at Ganneston Construction for ization bill. woman-owned construction business their hard work and determined gen- f that works in both the public and pri- erosity, and congratulate them on vate spheres, is known for its sparkling EXTENDING UNEMPLOYMENT their recognition.∑ and dependable structures. BENEFITS Founded early in the 1960s as a build- f Mr. HARKIN. Mr. President, I rise in er of solely residential units, TRIBUTE TO ROBERT O. support of legislation introduced this Ganneston Construction subsequently ANDERSON week to extend unemployment benefits moved into commercial construction ∑ Mr. BINGAMAN. Mr. President, Rob- temporarily as a means of stimulus. and has continued to expand into other ert O. Anderson was not a citizen just Like many of my colleagues I certainly markets since. Presently a full-service of New Mexico, but I think it can be have a list of ideas for best stimulating general contractor, construction man- fairly said that he was one of those our struggling economy. But unem- ager, and design builder, Ganneston people for whom the term ‘‘citizen of ployment insurance certainly needs to has taken on projects of varying sizes the world’’ was intended. be a part of the picture. I would like to throughout Maine, and each job is per- He died in December at age 90, and thank Senator KENNEDY for so quickly formed in a timely manner with pains- his memory was honored at this past introducing this bill to extend current taking sensitivity to that particular weekend services in Roswell, NM. Our unemployment benefits by at least 20 building’s unique requirements. The State has been his home for decades. weeks, and by an additional 13 weeks in firm has restored landmarks like the Those of us who knew him were re- States experiencing especially high un- Lewiston Library, made renovations to minded each time we talked with him employment rates. the well-known Senator Inn in Au- how wide-ranging his interests were, There are two key principles this leg- gusta, and provided the Maine Vet- and how progressive and determined a islation addresses. First, we need to eran’s Home and Down East Commu- man he was. It was his leadership and make sure that we are prudently nity Hospital in Machias with a new fa- willingness to take a risk that led to spending money in a way that encour- cility. Ganneston has completed rough- the discovery of oil on the North Slope ages an increase in actual economic ac- ly 100 projects so far this decade, with of Alaska, and the pipeline that fol- tivity. Second, we need to help the peo- examples of its work on display in cit- lowed 7 years later. ple who are most hurt during difficult ies and towns across Maine. Because He was a giant in the oil industry, in times. We need a combination of pru- the company’s 45 employees consist- ranching, in business, in publishing, in dent fiscal policy and human compas- ently produce buildings of remarkable politics and in environmental circles. sion. quality, annual sales have grown from A thoughtful and perceptive man—he So first, it is just plain good sense to $6 million in 2001 to $15 million in 2007. warned of global warming years ago— target people who are unemployed. While Ganneston is to be commended he was a patron of the arts and of insti- They are going to spend this money for its dedication to building safe and tutions devoted to study and research,

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S203 including the Aspen Institute, the Today WEAVE has 80 staff members graduated from Vallejo High School in Worldwatch Institute and the John and over 200 active volunteers in two 1932 and went on to graduate from the Muir Institute of the Environment. locations, who serve over 20,000 sur- Mare Island Naval Shipyard Apprentice As far as I know, he never sought vivors of domestic violence and sexual School as a marine machinist. public office, but he certainly held po- assault annually with intervention and Always eager to exceed expectations, sitions of public trust. He was quoted counseling services, along with edu- Lou held numerous management posi- as saying of his industry: cating an additional 10,000 members of tions throughout his career with the Never look back in this business. If you do, the community on issues of domestic United States Navy, including produc- you’ll lose your nerve.’’ violence and sexual assault. WEAVE tion control manager at Norfolk Naval He certainly had that in common has achieved this success through part- Shipyard, chief progressman at Mare with many elected officials, including nerships with local law enforcement, Island, and head progressman at Hunt- Members of this body, and Presidents government and business leaders. er’s Point. In addition, Lou worked his of the United States, all of whom re- As the community and staff gather way up from charter member to na- garded him highly as did countless to celebrate WEAVE’s 30th anniver- tional president of the Naval Civilian international leaders. He could ‘‘walk sary, I congratulate and thank the Manager’s Association and also served with kings, nor lose the common staff, volunteers and community part- as president of the Council of Naval touch.’’ It was that ability which was a ners of this important organization and Employee Groups, which represents all hallmark of his leadership, and was one wish them many more years of suc- of the employees of West Coast naval of his most endearing and enduring cess.∑ shipyards. qualities. f After retiring from Federal service in Married to Barbara Phelps Anderson REMEMBERING KENT HAWS 1972, Lou became the executive sec- for 68 years, he is survived by her, and retary of the Armed Services Com- ∑ Mrs. BOXER. Mr. President, I ask my by 7 children, 20 grandchildren and 5 mittee of the Vallejo Chamber of Com- colleagues to join me in honoring the great-grandchildren. Their loss is a merce, a position he held for 19 years. memory of a dedicated public servant, great and one we all share in some This was just one of many leadership ∑ Detective Kent Haws of the Tulare measure. positions he held in his beloved home- County Sheriff’s Department. On the f town, with other civic engagements in- afternoon of December 17, 2007, while cluding first chairman of the Vallejo 30TH ANNIVERSARY OF WOMEN on motor patrol in rural Tulare Coun- Senior Citizens Center, Exalted Ruler ESCAPING A VIOLENT ENVIRON- ty, Detective Haws was killed in the of the Vallejo Elks Lodge, and presi- MENT line of duty while investigating a sus- dent of the Vallejo-Napa United Way. ∑ Mrs. BOXER. Mr. President, I am picious vehicle. pleased to recognize the 30th anniver- Detective Haws was born in Phoenix, Lou was also actively involved with sary of one of the Capital region’s most AZ and raised in Visalia, CA. A grad- the city of Vallejo’s naval landmark, vital nonprofit agencies, Women Escap- uate of Mt. Whitney High School and Mare Island. His lobbying efforts for ing a Violent Environment Inc., College of the Sequoias, Detective military construction projects on Mare WEAVE, in Sacramento, CA. In its Haws served in the United States Army Island and his efforts to maintain three decades of service, WEAVE has 10th Mountain Division before achiev- dredging operations necessary for ship- provided invaluable public service to ing his long-time goal of joining the yard operations culminated in his re- victims of domestic abuse, as well as Tulare County Sheriff’s Department. ceipt of the Public Service Medal by their families, and has helped to save For the past decade, Detective Haws the Navy’s Chief of Operations. countless lives as a result of the edu- dutifully served the citizens and com- Proving that age will not slow him cation, counseling, and intervention munities of Tulare County with great down, Lou is still active in the greater they have provided to victims of do- commitment, integrity, and valor. De- Vallejo community, currently serving mestic abuse and sexual assault. tective Haws’ devotion to help others, as president of the Vallejo Council of WEAVE was established in 1978 in coupled with his passion for law en- the Navy League of the United States, Sacramento as a grassroots organiza- forcement, enabled him to become a treasurer for the Salvation Army, and tion to serve survivors of domestic vio- model member of the Tulare County national legislative chair for the lence and their families by providing Sheriff’s Department. Vallejo NARFE Chapter 16. In addition crisis lines and counseling services. Detective Haws is survived by his to his ongoing civic involvement, Lou Within the first 10 years of its estab- wife Frances and children Dominik, remains happily married to the former lishment, WEAVE broadened its role in Nicholas, and Evan. Those who knew Betty Greenwell. Approaching 69 years the community to include legal advo- Detective Haws will always remember of marriage, Lou and Betty have three cacy, opened a safehouse that provides him as a caring, kind, and devoted fam- children, three grandchildren, and five emergency services to female victims ily man, colleague, and friend. Detec- great-grandchildren. of domestic violence and their chil- tive Kent Haws served Tulare County When I first met Lou in the eighties, dren, and became a dual agency that with honor and bravery, and fulfilled I knew he was a powerful voice for his expanded its mission to include sexual his oath as an officer of the law. His community and he became one of my assault services. Victims are accom- contributions to public safety and dedi- top advisors when I represented Vallejo panied to appointments and are given cation to law enforcement are greatly in Congress. emotional support, information, coun- appreciated and will serve as an exam- After more than 65 years of con- seling, food and clothing. ple of his commitment to protecting tinuing service to the city of Vallejo In the next decade WEAVE recog- and serving the public. and U.S. Navy, I remain in admiration nized that employers and schools could We shall always be grateful for De- of Lou’s strong sense of civic duty. also be part of a solution in preventing tective Haws’ heroic service and the Along with hundreds of his friends and domestic abuse and sexual assault. sacrifices he made while serving the admirers throughout the city of They provided prevention education to community and the people he loved.∑ Vallejo, I wish him many more years of elementary and high schools, and f continued community involvement and began their Break the Silence Cam- leadership.∑ paign that increases awareness of do- IN CELEBRATION OF LOUIS BURGELIN mestic violence by educating employ- f ers and their employees to recognize ∑ Mrs. BOXER. Mr. President, I am signs of abuse and how to best respond. pleased and honored to pay tribute to MESSAGES FROM THE PRESIDENT During the 1990s, WEAVE also opened a Louis—Lou—Brosnahan Burgelin for Children’s Center and WEAVE Works his 65-plus years of dedicated service to Messages from the President of the retail clothing store that provide reve- the greater Vallejo community. United States were communicated to nues to support their mission in the Born on January 20, 1916 in Vallejo, the Senate by Mrs. Neiman, one of his community. CA, to Otto and Frances Burgelin, Lou secretaries.

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S204 CONGRESSIONAL RECORD — SENATE January 23, 2008 EXECUTIVE MESSAGES REFERRED General Counsel of the Office, and to permit H.R. 2764. An act making appropriations individuals appointed to such positions to for the Department of State, foreign oper- As in executive session the Presiding serve one additional term. ations, and related programs for the fiscal Officer laid before the Senate messages H.R. 3690. An act to provide for the transfer year ending September 30, 2008, and for other from the President of the United of the Library of Congress police to the purposes. States submitting sundry nominations United States Capitol Police, and for other Under the authority of the order of and withdrawals which were referred to purposes. the Senate of January 4, 2007, the Sec- the appropriate committees. H.R. 3974. An act to designate the facility of the United States Postal Service located retary of the Senate, on December 24, (The nominations received today are 2007, during the recess of the Senate, printed at the end of the Senate pro- at 797 Sam Bass Road in Round Rock, Texas, as the ‘‘Marine Corps Corporal Steven P. Gill received a message from the House of ceedings.) Post Office Building’’. Representatives announcing that the f H.R. 4009. An act to designate the facility enrolled bill was subsequently signed of the United States Postal Service located by the Speaker pro tempore (Mr. VAN MESSAGES FROM THE HOUSE at 567 West Nepessing Street in Lapeer, HOLLEN). RECEIVED DURING RECESS Michigan, as the ‘‘Turrill Post Office Build- ing’’. f H.J. Res. 72. Joint resolution making fur- ENROLLED BILLS SIGNED ther continuing appropriations for the fiscal ENROLLED BILL SIGNED Under authority of the order of Janu- year 2008, and for other purposes. Under the authority of the order of S. 1396. An act to authorize a major med- the Senate of January 4, 2007, the Sec- ary 4, 2007, the following enrolled bills, ical facility project to modernize inpatient previously signed by the Speaker pro wards at the Department of Veterans Affairs retary of the Senate, on January 3, tempore of the House, were signed on Medical Center in Atlanta, Georgia. 2008, during the recess of the Senate, December 20, 2007, during the recess of S. 1896. An act to designate the facility of received a message from the House of the Senate, by the President pro tem- the United States Postal Service located at Representatives announcing that the pore (Mr. BYRD): 11 Central Street in Hillsborough, New Speaker pro tempore (Mr. VAN HOLLEN) Hampshire, as the ‘‘Officer Jeremy Todd S. 2271. An act to authorize State and local has signed the following enrolled bill: Charron Post Office’’. governments to divest assets in companies H.R. 2640. An act to improve the National S. 1916. An act to amend the Public Health that conduct business operations in Sudan, Instant Criminal Background Check System, Service Act to modify the program for the to prohibit United States Government con- and for other purposes. sanctuary system for surplus chimpanzees by tracts with such companies, and for other terminating the authority for the removal of Under the authority of the order of purposes. chimpanzees from the system for research the Senate of January 4, 2007, the en- S. 2488. An act to promote accessibility, ac- purposes. countability, and openness in Government rolled bill was signed on January 4, by strengthening section 552 of title 5, Under the authority of the order of 2008, by the President pro tempore (Mr. United States Code (commonly referred to as the Senate of January 4, 2007, the en- BYRD). the Freedom of Information Act), and for rolled bills and joint resolution were f other purposes. signed on December 20, 2007, by the H.R. 366. An act to designate the Depart- President pro tempore (Mr. BYRD). MESSAGE FROM THE HOUSE ON ment of Veterans Affairs Outpatient Clinic JANUARY 22, 2008 in Tulsa, Oklahoma, as the ‘‘Earnest Chil- f ders Department of Veterans Affairs Out- ENROLLED BILLS AND JOINT At 12:30 p.m., a message from the patient Clinic’’. RESOLUTION SIGNED House of Representatives, delivered by H.R. 3996. An act to amend the Internal Ms. Niland, one of its reading clerks, Revenue Code of 1986 to extend certain expir- Under the authority of the order of announced that the House has passed ing provisions, and for other purposes. the Senate of January 4, 2007, the Sec- the following bills, in which it requests f retary of the Senate, on December 21, the concurrence of the Senate: 2007, during the recess of the Senate, H.R. 4986. An act to provide for the enact- ENROLLED BILLS AND JOINT received a message from the House of RESOLUTION SIGNED ment of the National Defense Authorization Representatives announcing that the Act for Fiscal Year 2008, as previously en- Under the authority of the order of Speaker pro tempore (Mr. VAN HOLLEN) rolled, with certain modifications to address the Senate of January 4, 2007, the Sec- has signed the following enrolled bills: the foreign sovereign immunities provisions retary of the Senate, on December 20, H.R. 660. An act to amend title 18, United of title 28, United States Code, with respect 2007, during the recess of the Senate, States Code, to protect judges, prosecutors, to the attachment of property in certain received a message from the House of witnesses, victims, and their family mem- judgements against Iraq, the lapse of statu- Representatives announcing that the bers, and for other purposes. tory authorities for the payment of bonuses, H.R. 4839. An act to amend the Internal special pays, and similar benefits for mem- Speaker pro tempore (Mr. VAN HOLLEN) bers of the uniformed services, and for other has signed the following enrolled bills Revenue Code of 1986 to make technical cor- rections, and for other purposes. purposes. and joint resolution: S. 863. An act to amend title 18, United H.R. 2768. An act to establish improved H.R. 1045. An act to designate the Federal States Code, with respect to fraud in connec- mandatory standards to protect miners dur- building located at 210 Walnut Street in Des tion with major disaster or emergency funds. ing emergencies, and for other purposes. Moines, Iowa, as the ‘‘Neal Smith Federal S. 2436. An act to amend the Internal Rev- H.R. 3524. An act to reauthorize the HOPE Building’’. enue Code of 1986 to clarify the term of the VI program for revitalization of severely dis- H.R. 2011. An act to designate the Federal Commissioner of Internal Revenue. tressed public housing, and for other pur- building and United States courthouse lo- S. 2499. An act to amend titles XVIII, XIX, poses. cated at 100 East 8th Avenue in Pine Bluff, and XXI of the Social Security Act to extend The message also announced that the Arkansas, as the ‘‘George Howard, Jr. Fed- provisions under the Medicare, Medicaid, and House agrees to the amendment of the eral Building and United States Court- SCHIP programs, and for other purposes. Senate to the bill (H.R. 4253) to im- house’’. Under the authority of the order of H.R. 3470. An act to designate the facility prove and expand small business assist- of the United States Postal Service located the Senate of January 4, 2007, the en- ance programs for veterans of the at 744 West Oglethorpe Highway in rolled bills and joint resolution were armed forces and military reservists, Hinesville, Georgia, as the ‘‘John Sidney signed on December 27, 2007, by the and for other purposes, with an amend- ‘Sid’ Flowers Post Office Building’’. President pro tempore (Mr. BYRD). ment, in which it requests the concur- H.R. 3569. An act to designate the facility f rence of the Senate. of the United States Postal Service located ENROLLED BILL SIGNED The message further announced that at 16731 Santa Ana Avenue in Fontana, Cali- the House has passed the following bill, fornia, as the ‘‘Beatrice E. Watson Post Of- Under the authority of the order of in which it requests the concurrence of fice Building’’. the Senate of January 4, 2007, the H.R. 3571. An act to amend the Congres- the Senate: sional Accountability Act of 1995 to permit President pro tempore, on December 23, H. Res. 914. Resolution that the Clerk of individuals who have served as employees of 2007, during the recess of the Senate, the House inform the Senate that a quorum the Office of Compliance to serve as Execu- announced that he had signed the fol- of the House is present and that the House is tive Director, Deputy Executive Director, or lowing enrolled bill: ready to proceed with business.

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S205 The message also announced that the ‘‘Army PFC Juan Alonso Covarrubias Post transmitting, pursuant to law, an annual re- House has agreed to the following con- Office Building’’; to the Committee on port on civil works activities for fiscal year current resolution, in which it requests Homeland Security and Governmental Af- 2006; to the Committee on Environment and the concurrence of the Senate: fairs. Public Works. H.R. 3988. An act to designate the facility EC–4608. A communication from the Prin- H. Con. Res. 279. Concurrent resolution of the United States Postal Service located cipal Deputy Associate Administrator, Office providing for a conditional adjournment of at 3701 Altamesa Boulevard in Fort Worth, of the Administrator, Environmental Protec- the House of Representatives. Texas, as the ‘‘Master Sergeant Kenneth N. tion Agency, transmitting, pursuant to law, f Mack Post Office Building’’; to the Com- the report of a rule entitled ‘‘Dimethenamid; mittee on Homeland Security and Govern- Pesticide Tolerance’’ (FRL No. 8342–7) re- MESSAGE FROM THE HOUSE mental Affairs. ceived on January 2, 2008; to the Committee At 3:29 p.m., a message from the H.R. 4211. An act to designate the facility on Environment and Public Works. House of Representatives, delivered by of the United States Postal Service located EC–4609. A communication from the Prin- Mrs. Cole, one of its reading clerks, an- at 725 Roanoke Avenue in Roanoke Rapids, cipal Deputy Associate Administrator, Office of the Administrator, Environmental Protec- nounced that the House has passed the North Carolina, as the ‘‘Judge Richard B. Allsbrook Post Office’’; to the Committee on tion Agency, transmitting, pursuant to law, following bills, in which it requests the Homeland Security and Governmental Af- the report of a rule entitled ‘‘Fluroxypyr; concurrence of the Senate: fairs. Pesticide Tolerance’’ (FRL No. 8343–2) re- ceived on January 2, 2008; to the Committee H.R. 409. An act to amend title 23, United The following concurrent resolution States Code, to direct the Secretary of on Environment and Public Works. Transportation to establish national tunnel was read, and referred as indicated: EC–4610. A communication from the Prin- inspection standards for the proper safety in- H. Con. Res. 198. Concurrent resolution ex- cipal Deputy Associate Administrator, Office spection and evaluation of all highway tun- pressing the sense of Congress that the of the Administrator, Environmental Protec- nels, and for other purposes. United States has a moral responsibility to tion Agency, transmitting, pursuant to law, H.R. 3720. An act to designate the facility meet the needs of those persons, groups and the report of a rule entitled ‘‘Regulation of of the United States Postal Service located communities that are impoverished, dis- Oil-Bearing Hazardous Secondary Materials at 424 Clay Avenue in Waco, Texas, as the advantaged or otherwise in poverty; to the From the Petroleum Refining Industry Proc- ‘‘Army PFC Juan Alonso Covarrubias Post Committee on Health, Education, Labor, and essed in a Gasification System to Produce Office Building’’. Pensions. Synthesis Gas’’ ((RIN2050–AE78)(FRL No. H.R. 3988. An act to designate the facility f 8511–5)) received on January 2, 2008; to the of the United States Postal Service located Committee on Environment and Public at 3701 Altamesa Boulevard in Fort Worth, MEASURES PLACED ON THE Works. Texas, as the ‘‘Master Sergeant Kenneth N. CALENDAR EC–4611. A communication from the Prin- cipal Deputy Associate Administrator, Office Mack Post Office Building’’. The following bill was read the sec- H.R. 4211. An act to designate the facility of the Administrator, Environmental Protec- of the United States Postal Service located ond time, and placed on the calendar: tion Agency, transmitting, pursuant to law, at 725 Roanoke Avenue in Roanoke Rapids, H.R. 4040. An act to establish consumer the report of a rule entitled ‘‘Revisions to North Carolina, as the ‘‘Judge Richard B. product safety standards and other safety re- Consolidated Federal Air Rule; Correction’’ Allsbrook Post Office’’. quirements for children’s products and to re- ((RIN2060–A045)(FRL No. 8511–7)) received on January 2, 2008; to the Committee on Envi- The message also announced that the authorize and modernize the Consumer Prod- uct Safety Commission. ronment and Public Works. House has agreed to the following con- EC–4612. A communication from the Prin- current resolution, in which it requests f cipal Deputy Associate Administrator, Office the concurrence of the Senate: ENROLLED BILLS PRESENTED of Policy, Economics and Innovation, Envi- ronmental Protection Agency, transmitting, H. Con. Res. 198. Concurrent resolution ex- The Secretary of the Senate reported pressing the sense of Congress that the pursuant to law, the report of a rule entitled United States has a moral responsibility to that on December 21, 2007, she had pre- ‘‘Approval and Promulgation of Air Quality meet the need of those persons, groups and sented to the President of the United Implementation Plans; Virginia; Clean Air communities that are impoverished, dis- States the following enrolled bills: Interstate Rule Budget Trading Program’’ advantaged or otherwise in poverty. S. 1396. An act to authorize a major med- (FRL No. 8510–3) received on December 20, 2007; to the Committee on Environment and The message further announced that ical facility project to modernize inpatient wards at the Department of Veterans Affairs Public Works. the House agrees to the amendment of EC–4613. A communication from the Prin- Medical Center in Atlanta, Georgia. cipal Deputy Associate Administrator, Office the Senate to the bill (H.R. 3432) to es- S. 1896. An act to designate the facility of of Policy, Economics and Innovation, Envi- tablish the Commission on the Aboli- the United States Postal Service located at ronmental Protection Agency, transmitting, tion of the Transatlantic Slave Trade. 11 Central Street in Hillsborough, New pursuant to law, the report of a rule entitled The message also announced that the Hampshire, as the ‘‘Officer Jeremy Todd ‘‘Approval and Promulgation of Implementa- Charron Post Office’’. House of Representatives having pro- tion Plans and Designation of Areas for Air S. 1916. An act to amend the Public Health ceeded to reconsider the bill (H.R. 3963) Quality Planning Purposes; North Carolina; Service Act to modify the program for the to amend title XXI of the Social Secu- Redesignation of the Raleigh-Durham-Chap- sanctuary system for surplus chimpanzees by rity Act to extend and improve the el Hill 8-Hour Ozone Nonattainment Area to terminating the authority for the removal of Attainment for Ozone’’ (FRL No. 8510–4) re- Children’s Health Insurance Program, chimpanzees from the system for research ceived on December 20, 2007; to the Com- and for other purposes, returned by the purposes. mittee on Environment and Public Works. President of the United States with his S. 2271. An act to authorize State and local EC–4614. A communication from the Prin- objections, to the House of Representa- governments to divest assets in companies cipal Deputy Associate Administrator, Office that conduct business operations in Sudan, tives, in which it originated, it was re- of Policy, Economics and Innovation, Envi- to prohibit United States Government con- solved that the said bill do not pass, ronmental Protection Agency, transmitting, tracts with such companies, and for other two-thirds of the House of Representa- pursuant to law, the report of a rule entitled purposes. tives not agreeing to pass the same. ‘‘Approval and Promulgation of State Plans S. 2488. An act to promote accessibility, ac- for Designated Facilities and Pollutants; f countability, and openness in Government Iowa; Clean Air Mercury Rule’’ (FRL No. by strengthening section 552 of title 5, MEASURES REFERRED 8510–6) received on December 20, 2007; to the United States Code (commonly referred to as Committee on Environment and Public The following bills were read the first the Freedom of Information Act), and for Works. and the second times by unanimous other purposes. EC–4615. A communication from the Prin- consent, and referred as indicated: f cipal Deputy Associate Administrator, Office H.R. 409. An act to amend title 23, United of Policy, Economics and Innovation, Envi- States Code, to direct the Secretary of EXECUTIVE AND OTHER ronmental Protection Agency, transmitting, Transportation to establish national tunnel COMMUNICATIONS pursuant to law, the report of a rule entitled inspection standards for the proper safety in- The following communications were ‘‘Aspergillus Flavus AF36 on Corn; Tem- spection and evaluation of all highway tun- laid before the Senate, together with porary Exemption From the Requirement of nels, and for other purposes; to the Com- a Tolerance’’ (FRL No. 8342–1) received on mittee on Environment and Public Works. accompanying papers, reports, and doc- December 20, 2007; to the Committee on En- H.R. 3720. An act to designate the facility uments, and were referred as indicated: vironment and Public Works. of the United States Postal Service located EC–4607. A communication from the Assist- EC–4616. A communication from the Prin- at 424 Clay Avenue in Waco, Texas, as the ant Secretary of the Army (Civil Works), cipal Deputy Associate Administrator, Office

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S206 CONGRESSIONAL RECORD — SENATE January 23, 2008 of Policy, Economics and Innovation, Envi- EC–4625. A communication from the Assist- 2007, through September 30, 2007; to the Com- ronmental Protection Agency, transmitting, ant Secretary, Office of Legislative Affairs, mittee on Homeland Security and Govern- pursuant to law, the report of a rule entitled Department of State, transmitting, pursuant mental Affairs. ‘‘Etoxazole; Pesticide Tolerance’’ (FRL No. to law, the certification of a proposed agree- EC–4637. A communication from the Sec- 8342–8) received on December 20, 2007; to the ment for the export of Up-Armored High Mo- retary of Education, transmitting, pursuant Committee on Environment and Public bility Multipurpose Wheeled Vehicles to to law, the Semiannual Report of the De- Works. Iraq; to the Committee on Foreign Rela- partment’s Inspector General for the period EC–4617. A communication from the Prin- tions. of April 1, 2007, through September 30, 2007; cipal Deputy Associate Administrator, Office EC–4626. A communication from the Assist- to the Committee on Homeland Security and of Policy, Economics and Innovation, Envi- ant Secretary, Office of Legislative Affairs, Governmental Affairs. ronmental Protection Agency, transmitting, Department of State, transmitting, pursuant EC–4638. A communication from the Direc- pursuant to law, the report of a rule entitled to law, the certification of a proposed tech- tor of the Peace Corps, transmitting, pursu- ‘‘Partial Removal of Direct Final Rule and nical assistance agreement for the export of ant to law, the Semiannual Report of the In- Revision of the Nonroad Diesel Technical technical data to South Korea to support the spector General for the period from April 1, Amendments and Tier 3 Technical Relief manufacture of HMPT500 Series Trans- 2007, through September 30, 2007; to the Com- Provision’’ ((RIN2060–A037)(FRL No. 8509–9)) missions; to the Committee on Foreign Rela- mittee on Homeland Security and Govern- received on December 20, 2007; to the Com- tions. mental Affairs. mittee on Environment and Public Works. EC–4627. A communication from the Assist- EC–4639. A communication from the Ad- EC–4618. A communication from the Prin- ant Secretary, Office of Legislative Affairs, ministrator, General Services Administra- cipal Deputy Associate Administrator, Office Department of State, transmitting, pursuant tion, transmitting, pursuant to law, a report of Policy, Economics and Innovation, Envi- to law, the certification of a proposed manu- relative to the Administration’s competitive ronmental Protection Agency, transmitting, facturing license agreement for the transfer sourcing efforts during fiscal year 2007; to pursuant to law, the report of a rule entitled of hardware to Greece and Israel for the the Committee on Homeland Security and ‘‘Protection of Stratospheric Ozone: Exten- manufacture of High Mobility Multipurpose Governmental Affairs. sion of Global Laboratory and Analytical Wheeled Vehicles; to the Committee on For- EC–4640. A communication from the Ad- Use Exemption for Essential Class I Ozone- eign Relations. ministrator, General Services Administra- Depleting Substances’’ ((RIN2060–AO28)(FRL EC–4628. A communication from the Assist- tion, transmitting, pursuant to law, a semi- No. 8510–9)) received on December 20, 2007; to ant Legal Adviser for Treaty Affairs, Depart- annual report relative to the Inspector Gen- the Committee on Environment and Public ment of State, transmitting, pursuant to the eral’s auditing activity; to the Committee on Works. Case-Zablocki Act, 1 U.S.C. 112b, as amended, Homeland Security and Governmental Af- EC–4619. A communication from the Prin- the report of the texts and background state- fairs. cipal Deputy Associate Administrator, Office ments of international agreements, other EC–4641. A communication from the Fed- of Policy, Economics and Innovation, Envi- than treaties (List 2007–286—2007–288); to the eral Co-Chairman, Delta Regional Authority, ronmental Protection Agency, transmitting, Committee on Foreign Relations. transmitting, pursuant to law, a report rel- pursuant to law, the report of a rule entitled EC–4629. A communication from the Assist- ative to the Authority’s audited financial ‘‘Protection of Stratospheric Ozone: The 2008 ant Secretary for Administration and Man- statements for fiscal year 2007; to the Com- Critical Use Exemption From the Phaseout agement, Department of Health and Human mittee on Homeland Security and Govern- of Methyl Bromide’’ ((RIN2060–AO30)(FRL Services, transmitting, pursuant to law, an mental Affairs. No. 8510–8)) received on December 20, 2007; to annual report relative to the Department’s EC–4642. A communication from the Indus- the Committee on Environment and Public competitive sourcing efforts during fiscal try Operations Specialist, Bureau of Alcohol, Works. year 2007; to the Committee on Health, Edu- Tobacco, Firearms and Explosives, Depart- EC–4620. A communication from the Prin- cation, Labor, and Pensions. ment of Justice, transmitting, pursuant to cipal Deputy Associate Administrator, Office EC–4630. A communication from the Sec- law, the report of a rule entitled ‘‘U.S. Muni- of Policy, Economics and Innovation, Envi- retary of Health and Human Services, trans- tions Import List and Import Restrictions ronmental Protection Agency, transmitting, mitting, pursuant to law, the report of a pe- Applicable to Certain Countries’’ (RIN1140– pursuant to law, the report of a rule entitled tition that was filed on behalf of workers AA29) received on January 2, 2008; to the ‘‘Revisions to the California State Imple- from the Y–12 Plant in Oak Ridge, Ten- Committee on the Judiciary. mentation Plan, Monterey Bay Unified Air nessee, to be added to the Special Exposure EC–4643. A communication from the Direc- Pollution Control District and San Joaquin Cohort; to the Committee on Health, Edu- tor of the Regulations and Rulings Division, Valley Air Pollution Control District’’ (FRL cation, Labor, and Pensions. Alcohol and Tobacco Tax and Trade Bureau, No . 8509–8) received on December 20, 2007; to EC–4631. A communication from the Gen- Department of Justice, transmitting, pursu- the Committee on Environment and Public eral Counsel, Federal Retirement Thrift In- ant to law, the report of a rule entitled ‘‘Re- Works. vestment Board, transmitting, pursuant to moval of Tobacco Products and Cigarette Pa- EC–4621. A communication from the Prin- law, the report of a rule entitled ‘‘Partici- pers and Tubes, Without Removal of Tax, for cipal Deputy Associate Administrator, Office pants’ Choices of TSP Funds’’ (5 CFR Part United States Use in Law Enforcement Ac- of Policy, Economics and Innovation, Envi- 1601) received on January 2, 2008; to the Com- tivities’’ (RIN1513–AA99) received on Decem- ronmental Protection Agency, transmitting, mittee on Homeland Security and Govern- ber 19, 2007; to the Committee on the Judici- pursuant to law, the report of a rule entitled mental Affairs. ary. ‘‘Revisions to the Continuous Emissions EC–4632. A communication from the Presi- EC–4644. A communication from the Chair- Monitoring Rule for the Acid Rain Program, dent, Federal Financing Bank, transmitting, man, Federal Election Commission, trans- NOx Budget Trading Program, Clean Air pursuant to law, the Bank’s performance mitting, pursuant to law, a report relative to Interstate Rule, and the Clean Air Mercury plan for fiscal years 2007 and 2008; to the the Commission’s competitive sourcing ef- Rule’’ ((RIN2060–AN16)(FRL No. 8511–1)) re- Committee on Homeland Security and Gov- forts during fiscal year 2007; to the Com- ceived on December 20, 2007; to the Com- ernmental Affairs. mittee on Rules and Administration. mittee on Environment and Public Works. EC–4633. A communication from the Chair- EC–4645. A communication from the Direc- EC–4622. A communication from the Assist- man, National Labor Relations Board, trans- tor of Regulations Management, Department ant Secretary, Office of Legislative Affairs, mitting, pursuant to law, the Semiannual of Veterans Affairs, transmitting, pursuant Department of State, transmitting, pursuant Report of the Board’s Inspector General for to law, the report of a rule entitled ‘‘VA Ac- to law, the certification of proposed licenses the period of April 1, 2007 through September quisition Regulation: Plain Language Re- for the export of two commercial commu- 30, 2007; to the Committee on Homeland Se- write’’ (RIN2900–AK78) received on January nications satellites to French Guiana; to the curity and Governmental Affairs. 3, 2008; to the Committee on Veterans’ Af- Committee on Foreign Relations. EC–4634. A communication from the Presi- fairs. EC–4623. A communication from the Assist- dent, James Madison Memorial Foundation, EC–4646. A communication from the White ant Secretary, Office of Legislative Affairs, transmitting, pursuant to law, the Founda- House Liaison, Department of Veterans Af- Department of State, transmitting, pursuant tion’s annual report for the year ending Sep- fairs, transmitting, pursuant to law, the re- to law, the certification of a proposed license tember 30, 2007; to the Committee on Home- port of a nomination for the position of Sec- for the export of defense articles relative to land Security and Governmental Affairs. retary of Veterans Affairs, received on Janu- the application of brushless motors and cable EC–4635. A communication from the Direc- ary 3, 2008; to the Committee on Veterans’ systems to Sweden and Italy; to the Com- tor, Office of Personnel Management, trans- Affairs. mittee on Foreign Relations. mitting, pursuant to law, a report relative to EC–4647. A communication from the White EC–4624. A communication from the Assist- locality payments; to the Committee on House Liaison, Department of Veterans Af- ant Secretary, Office of Legislative Affairs, Homeland Security and Governmental Af- fairs, transmitting, pursuant to law, the re- Department of State, transmitting, pursuant fairs. port of action on a nomination for the posi- to law, the certification of a proposed agree- EC–4636. A communication from the Ad- tion of Assistant Secretary of Veterans Af- ment for the export of defense articles to ministrator, Small Business Administration, fairs, received on January 3, 2008; to the Germany for the production and support of transmitting, pursuant to law, the Semi- Committee on Veterans’ Affairs. the Paveway weapons system; to the Com- annual Report of the Administration’s In- EC–4648. A communication from the Direc- mittee on Foreign Relations. spector General for the period of April 1, tor, Regulatory Review Group, Department

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S207 of Agriculture, transmitting, pursuant to mitting, pursuant to law, a report relative to By Mr. REID (for Mrs. CLINTON): law, the report of a rule entitled ‘‘Regu- projects that will be conducted under the S. 2549. A bill to require the Administrator latory Streamlining of the Farm Service Medicare Hospital Gainsharing Demonstra- of the Environmental Protection Agency to Agency’s Direct Farm Loan Programs; Con- tion; to the Committee on Finance. establish an Interagency Working Group on Environmental Justice to provide guidance forming Changes’’ (RIN0560–AF60) received f on January 7, 2008; to the Committee on Ag- to Federal agencies on the development of riculture, Nutrition, and Forestry. REPORTS OF COMMITTEES ON criteria for identifying disproportionately EC–4649. A communication from the Direc- JANUARY 22, 2008 high and adverse human health or environ- mental effects on minority populations and tor, Regulatory Review Group, Department The following reports of committees of Agriculture, transmitting, pursuant to low-income populations, and for other pur- law, the report of a rule entitled ‘‘Regu- were submitted: poses; to the Committee on Environment and latory Streamlining of the Farm Service By Mr. LEAHY, from the Committee on Public Works. Agency’s Direct Farm Loan Programs; Final the Judiciary: By Mrs. HUTCHISON (for herself, Mr. Rule’’ (RIN0560–AF60) received on January 7, Report to accompany S. 2248, An original JOHNSON, and Mr. CORNYN): 2008; to the Committee on Agriculture, Nu- bill to amend the Foreign Intelligence Sur- S. 2550. A bill to amend title 38, United trition, and Forestry. veillance Act of 1978, to modernize and States Code, to prohibit the Secretary of EC–4650. A communication from the Chair- streamline the provisions of that Act, and Veterans Affairs from collecting certain man, National Credit Union Administration, for other purposes (Rept. No. 110–258). debts owed to the United States by members transmitting, pursuant to law, a report rel- By Mrs. BOXER, from the Committee on of the Armed Forces and veterans who die as ative to the Administration’s Annual Per- Environment and Public Works, without a result of an injury incurred or aggravated formance Budget for fiscal year 2008; to the amendment: on active duty in a combat zone, and for Committee on Banking, Housing, and Urban H.R. 735. A bill to designate the Federal other purposes; to the Committee on Vet- Affairs. building under construction at 799 First Ave- erans’ Affairs. EC–4651. A communication from the Chief nue in New York, New York, as the ‘‘Ronald f H. Brown United States Mission to the Counsel, Federal Emergency Management SUBMISSION OF CONCURRENT AND Agency, Department of Homeland Security, United Nations Building’’. transmitting, pursuant to law, the report of S. 862. A bill to designate the Federal SENATE RESOLUTIONS a rule entitled ‘‘Suspension of Community building located at 210 Walnut Street in Des The following concurrent resolutions Eligibility’’ (72 FR 68748) received on Janu- Moines, Iowa, as the ‘‘Neal Smith Federal and Senate resolutions were read, and Building’’. ary 8, 2008; to the Committee on Banking, referred (or acted upon), as indicated: Housing, and Urban Affairs. S. 1189. A bill to designate the Federal EC–4652. A communication from the Chief building and United States Courthouse lo- By Mr. MCCONNELL (for himself and Counsel, Federal Emergency Management cated at 100 East 8th Avenue in Pine Bluff, Mr. BUNNING): S. Res. 421. A resolution honoring the 150th Agency, Department of Homeland Security, Arkansas, as the ‘‘George Howard, Jr. Fed- anniversary of the American Printing House transmitting, pursuant to law, the report of eral Building and United States Court- for the Blind; considered and agreed to. a rule entitled ‘‘Suspension of Community house’’. By Mr. VITTER (for himself and Ms. Eligibility’’ (72 FR 68750) received on Janu- f LANDRIEU): ary 8, 2008; to the Committee on Banking, S. Res. 422. A resolution commending the Housing, and Urban Affairs. INTRODUCTION OF BILLS AND JOINT RESOLUTIONS Louisiana State University Tigers football EC–4653. A communication from the Chief team for winning the 2007 Bowl Champion- Counsel, Federal Emergency Management The following bills and joint resolu- ship Series national championship game; Agency, Department of Homeland Security, tions were introduced, read the first considered and agreed to. transmitting, pursuant to law, the report of and second times by unanimous con- By Mr. ALLARD (for himself, Mr. a rule entitled ‘‘Changes in Flood Elevation INOUYE, Mr. BIDEN, and Mr. SALA- Determinations’’ (72 FR 67663) received on sent, and referred as indicated: By Mr. SCHUMER (for himself and ZAR): January 8, 2008; to the Committee on Bank- S. Res. 423. A resolution seeking the return Mrs. CLINTON): ing, Housing, and Urban Affairs. of the USS Pueblo to the United States S. 2545. A bill to amend title XVIII of the EC–4654. A communication from the Chief Navy; considered and agreed to. Social Security Act to provide for Medicare Counsel, Federal Emergency Management By Mr. REID: Agency, Department of Homeland Security, Advantage benchmark adjustment for cer- S. Res. 424. A resolution electing Lula transmitting, pursuant to law, the report of tain local areas with VA medical centers and Johnson Davis, of Maryland, as Secretary for a rule entitled ‘‘Final Flood Elevation Deter- for certain contiguous areas; to the Com- the Majority of the Senate; considered and minations’’ (72 FR 68752) received on January mittee on Finance. agreed to. 8, 2008; to the Committee on Banking, Hous- By Mr. SALAZAR (for himself and Mr. f ing, and Urban Affairs. ALLARD): EC–4655. A communication from the Sec- S. 2546. A bill to reduce the risks to Colo- ADDITIONAL COSPONSORS retary, Bureau of Certification and Licens- rado communities and water supplies from S. 55 ing, Federal Maritime Commission, trans- severe wildfires, especially in areas affected mitting, pursuant to law, the report of a rule by insect infestations, to provide model leg- At the request of Mr. BAUCUS, the entitled ‘‘Filing of Proof of Financial Re- islation that may be applied to other States name of the Senator from Pennsyl- sponsibility’’ (FMC Docket No. 07–06) re- experiencing similar insect infestations or vania (Mr. SPECTER) was added as a co- ceived on January 8, 2008; to the Committee other forest-related problems, and for other sponsor of S. 55, a bill to amend the In- on Commerce, Science, and Transportation. purposes; to the Committee on Energy and ternal Revenue Code of 1986 to repeal EC–4656. A communication from the Sec- Natural Resources. the individual alternative minimum retary of Energy, transmitting, pursuant to By Mr. BOND: tax. law, a report relative to the use of Federal S. 2547. A bill to amend the Internal Rev- S. 617 power allocations by Indian tribes; to the enue Code of 1986 to reduce taxes by pro- Committee on Energy and Natural Re- viding an alternative determination of in- At the request of Mr. SMITH, the sources. come tax liability for individuals, repealing name of the Senator from Georgia (Mr. EC–4657. A communication from the Chief the estate and gift taxes, reducing corporate CHAMBLISS) was added as a cosponsor of of the Publications and Regulations Branch, income tax rates, reducing the maximum tax S. 617, a bill to make the National Internal Revenue Service, Department of the for individuals on capital gains and divi- Parks and Federal Recreational Lands Treasury, transmitting, pursuant to law, the dends to 10 percent, indexing the basis of as- Pass available at a discount to certain report of a rule entitled ‘‘Allocation of Pre- sets for purposes of determining capital gain veterans. paid Qualified Mortgage Insurance Pre- or loss, creating tax-free accounts for retire- miums for 2007’’ (Notice 2008–15) received on ment savings, lifetime savings, and life S. 1003 January 14, 2008; to the Committee on Fi- skills, repealing the adjusted gross income At the request of Ms. STABENOW, the nance. threshold in the medical care deduction for name of the Senator from Hawaii (Mr. EC–4658. A communication from the Chief individuals under age 65 who have no em- INOUYE) was added as a cosponsor of S. of the Publications and Regulations Branch, ployer health coverage, and for other pur- 1003, a bill to amend title XVIII of the Internal Revenue Service, Department of the poses; to the Committee on Finance. Social Security Act to improve access Treasury, transmitting, pursuant to law, the By Mr. NELSON of Florida: to emergency medical services and the S. 2548. A bill to provide for the payment of report of a rule entitled ‘‘2007 Section 832 quality and efficiency of care furnished Salvage Discount Factors’’ (Rev. Proc. 2008– interest on claims paid by the United States 11) received on January 23, 2008; to the Com- in connection with the correction of military in emergency departments of hospitals mittee on Finance. records when a military corrections board and critical access hospitals by estab- EC–4659. A communication from the Sec- sets aside a conviction by court-martial; to lishing a bipartisan commission to ex- retary of Health and Human Services, trans- the Committee on Armed Services. amine factors that affect the effective

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S208 CONGRESSIONAL RECORD — SENATE January 23, 2008 delivery of such services, by providing vania (Mr. SPECTER) was added as a co- develop and implement a comprehen- for additional payments for certain sponsor of S. 2170, a bill to amend the sive strategy to further the United physician services furnished in such Internal Revenue Code of 1986 to mod- States foreign policy objective of pro- emergency departments, and by estab- ify the treatment of qualified res- moting the reduction of global poverty, lishing a Centers for Medicare & Med- taurant property as 15-year property the elimination of extreme global pov- icaid Services Working Group, and for for purposes of the depreciation deduc- erty, and the achievement of the Mil- other purposes. tion. lennium Development Goal of reducing S. 1172 S. 2181 by one-half the proportion of people At the request of Mr. DURBIN, the At the request of Ms. COLLINS, the worldwide, between 1990 and 2015, who name of the Senator from Maine (Ms. name of the Senator from South Da- live on less than $1 per day. COLLINS) was added as a cosponsor of S. kota (Mr. JOHNSON) was added as a co- S. 2469 1172, a bill to reduce hunger in the sponsor of S. 2181, a bill to amend title At the request of Mr. INOUYE, the United States. XVIII of the Social Security Act to name of the Senator from Massachu- S. 1200 protect Medicare beneficiaries’ access setts (Mr. KERRY) was added as a co- At the request of Mr. DORGAN, the to home health services under the sponsor of S. 2469, a bill to amend the name of the Senator from Colorado Medicare program. Communications Act of 1934 to prevent (Mr. SALAZAR) was added as a cospon- S. 2215 the granting of regulatory forbearance sor of S. 1200, a bill to amend the In- At the request of Ms. COLLINS, the by default. dian Health Care Improvement Act to name of the Senator from New Hamp- S. 2498 revise and extend the Act. shire (Mr. GREGG) was added as a co- At the request of Mr. BINGAMAN, the S. 1335 sponsor of S. 2215, a bill to amend the names of the Senator from New Jersey At the request of Mr. INHOFE, the Homeland Security Act of 2002 to es- (Mr. MENENDEZ) and the Senator from name of the Senator from North Caro- tablish the Protective Security Advisor Colorado (Mr. SALAZAR) were added as lina (Mrs. DOLE) was added as a cospon- Program Office. cosponsors of S. 2498, a bill to authorize the minting of a coin to commemorate sor of S. 1335, a bill to amend title 4, S. 2252 the 400th anniversary of the founding United States Code, to declare English At the request of Mr. COLEMAN, the as the official language of the Govern- name of the Senator from Alaska (Mr. of Santa Fe, New Mexico, to occur in 2010. ment of the United States, and for STEVENS) was added as a cosponsor of other purposes. S. 2252, a bill to amend the Internal S. 2534 At the request of Mr. BAYH, the name S. 1361 Revenue Code of 1986 to increase the of the Senator from Indiana (Mr. At the request of Mr. CONRAD, the deduction for host families of foreign LUGAR) was added as a cosponsor of S. name of the Senator from Pennsyl- exchange and other students from $50 2534, a bill to designate the facility of vania (Mr. SPECTER) was added as a co- per month to $200 per month, and for the United States Postal Service lo- sponsor of S. 1361, a bill to amend the other purposes. cated at 2650 Dr. Martin Luther King Internal Revenue Code of 1986 to per- S. 2292 Jr. Street, Indianapolis, Indiana, as the manently extend the 15-year recovery At the request of Ms. COLLINS, the ‘‘Julia M. Carson Post Office Build- period for the depreciation of certain names of the Senator from Idaho (Mr. ing’’. leasehold improvements and to modify CRAIG) and the Senator from Idaho (Mr. S. 2544 the depreciation rules relating to such CRAPO) were added as cosponsors of S. At the request of Mr. KENNEDY, the leasehold improvements for purposes of 2292, a bill to amend the Homeland Se- names of the Senator from Michigan computing earnings and profits. curity Act of 2002, to establish the Of- (Mr. LEVIN) and the Senator from S. 1668 fice for Bombing Prevention, to address Michigan (Ms. STABENOW) were added At the request of Mr. DODD, the name terrorist explosive threats, and for as cosponsors of S. 2544, a bill to pro- of the Senator from New York (Mr. other purposes. vide for a program of temporary ex- SCHUMER) was added as a cosponsor of S 2337 . tended unemployment compensation. S. 1668, a bill to assist in providing af- At the request of Mr. GRASSLEY, the S.J. RES. 27 fordable housing to those affected by name of the Senator from Hawaii (Mr. At the request of Mrs. DOLE, the the 2005 hurricanes. INOUYE) was added as a cosponsor of S. name of the Senator from Georgia (Mr. S. 1733 2337, a bill to amend the Internal Rev- ISAKSON) was added as a cosponsor of At the request of Mr. DURBIN, the enue Code of 1986 to allow long-term S.J. Res. 27, a joint resolution pro- name of the Senator from New Jersey care insurance to be offered under cafe- posing an amendment to the Constitu- (Mr. LAUTENBERG) was added as a co- teria plans and flexible spending ar- tion of the United States relative to sponsor of S. 1733, a bill to authorize rangements and to provide additional the line item veto. funds to prevent housing discrimina- consumer protections for long-term AMENDMENT NO. 3857 tion through the use of nationwide care insurance. At the request of Mrs. FEINSTEIN, the testing, to increase funds for the Fair S. 2367 names of the Senator from Oregon (Mr. Housing Initiatives Program, and for At the request of Mr. JOHNSON, the WYDEN), the Senator from Nebraska other purposes. name of the Senator from Hawaii (Mr. (Mr. HAGEL) and the Senator from New S. 1921 INOUYE) was added as a cosponsor of S. Jersey (Mr. MENENDEZ) were added as At the request of Mr. WEBB, the name 2367, a bill to provide for the issuance cosponsors of amendment No. 3857 in- of the Senator from Oklahoma (Mr. of bonds to provide funding for the con- tended to be proposed to S. 2248, an INHOFE) was added as a cosponsor of S. struction of schools of the Bureau of original bill to amend the Foreign In- 1921, a bill to amend the American Bat- Indian Affairs, and for other purposes. telligence Surveillance Act of 1978, to tlefield Protection Act of 1996 to ex- S. 2426 modernize and streamline the provi- tend the authorization for that Act, At the request of Mr. MENENDEZ, his sions of that Act, and for other pur- and for other purposes. name was added as a cosponsor of S. poses. S. 2136 2426, a bill to provide for congressional AMENDMENT NO. 3858 At the request of Mr. DURBIN, the oversight of United States agreements At the request of Mrs. FEINSTEIN, the name of the Senator from California with the Government of Iraq. name of the Senator from Maryland (Mrs. BOXER) was added as a cosponsor At the request of Mrs. BOXER, her (Mr. CARDIN) was added as a cosponsor of S. 2136, a bill to address the treat- name was added as a cosponsor of S. of amendment No. 3858 intended to be ment of primary mortgages in bank- 2426, supra. proposed to S. 2248, an original bill to ruptcy, and for other purposes. S. 2433 amend the Foreign Intelligence Sur- S. 2170 At the request of Mrs. FEINSTEIN, her veillance Act of 1978, to modernize and At the request of Mrs. HUTCHISON, the name was added as a cosponsor of S. streamline the provisions of that Act, name of the Senator from Pennsyl- 2433, a bill to require the President to and for other purposes.

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S209 AMENDMENT NO. 3862 gether with schools, with churches, and It will establish new and expand cur- At the request of Mr. LEAHY, the with local organizations to create posi- rent grant programs. With this addi- name of the Senator from Maryland tive change in their communities. But tional funding, community groups can (Ms. MIKULSKI) was added as a cospon- they cannot act alone. The Federal address the complicated health, envi- sor of amendment No. 3862 intended to Government has a clear role in reduc- ronmental, and economic components be proposed to S. 2248, an original bill ing and eliminating the disparate pol- of the pollution problems in their to amend the Foreign Intelligence Sur- lution burden placed upon racial and neighborhoods. The legislation will veillance Act of 1978, to modernize and ethnic minorities and low-income pop- help states, tribes and territories de- streamline the provisions of that Act, ulations. velop and implement environmental and for other purposes. This role has been acknowledged by justice strategies and policies. It will AMENDMENT NO. 3863 the Federal Government by individuals strengthen the technical assistance At the request of Mr. KENNEDY, the on both sides of the aisle. Under the available to communities, by devel- name of the Senator from New Jersey first Bush administration, the EPA re- oping web-based Environmental Jus- (Mr. MENENDEZ) was added as a cospon- leased several reports on what was tice Clearinghouse. sor of amendment No. 3863 intended to then known as environmental equity, This bill will increase the number of be proposed to S. 2248, an original bill now called environmental justice. federal employees who have received to amend the Foreign Intelligence Sur- President Clinton promulgated Execu- environmental justice training, and veillance Act of 1978, to modernize and tive Order 12898, titled ‘‘Federal Ac- who are able to incorporate environ- streamline the provisions of that Act, tions to Address Environmental Jus- mental justice into their daily activi- and for other purposes. tice in Minority Populations and Low- ties, such as permit review. In addi- f Income Populations,’’ which directed tion, it would establish a training pro- federal agencies to account for the gram for community members modeled STATEMENTS ON INTRODUCED ways in which their activities would after the existing Superfund training BILLS AND JOINT RESOLUTIONS impact low-income and minority com- programs to help affected individuals By Mr. REID (for Mrs. CLINTON): munities. The Federal Government gain the skills needed to identify and S. 2549. A bill to require the Adminis- took action to ensure that environ- monitor environmental concerns in trator of the Environmental Protection mental justice was part of the mission their local areas. Agency to establish an Interagency of its agencies. Finally, the bill will increase public Working Group on Environmental Jus- But under the current Bush adminis- awareness of and participation in envi- tice to provide guidance to Federal tration, the EPA has not lived up to its ronmental justice activities, requiring agencies on the development of criteria motto ‘‘to protect human health and the EPA to routinely hold community- for identifying disproportionately high the environment.’’ Because of their in- based outreach meetings and ensuring and adverse human health or environ- action on environmental justice, too increased interaction with the Na- mental effects on minority populations many minority and low-income Ameri- tional Environmental Justice Advisory and low-income populations, and for cans lack equal access to protections Committee, which represents stake- other purposes; to the Committee on that safeguard health, well being, and holders and impacted communities. It Environment and Public Works. potential of children and families. will also establish the position of Envi- Mrs. CLINTON, Mr. President, today A 2004 report from the EPA’s Office ronmental Justice Ombudsman at the I rise to introduce the Environmental of the Inspector General found the fol- EPA, in order to receive, review, and Justice Renewal Act, legislation to ad- lowing: ‘‘EPA has not fully imple- process comments about the environ- dress the issue of environmental rac- mented Executive Order 12898 nor con- mental justice work of the agency. ism that is faced by far too many sistently integrated environmental jus- Groups supporting the legislation in- Americans today. tice into its day-to-day operations.’’ clude the Sierra Club, ReGenesis, the In our country, we have communities In 2005, the Government Account- Center on Race, Poverty and the Envi- predominantly racial and ethnic mi- ability Office released a report con- ronment, Earthjustice, the Indigenous nority and low-income communities in cluding that the agency has failed to Environmental Network, and the Law- which the air is unsafe to breathe, the consider environmental justice in mak- yers’ Committee for Civil Rights Under water unfit to drink, the schools unsafe ing rules that protect families from en- Law. places to learn. vironmental degradation and pollution. We have neglected this issue for far A 2005 Associated Press analysis of In 2006, the Office of the Inspector too long, and it is time to once again Environmental Protection Agency, General released another report on the ensure that the federal government EPA, air data found that African EPA’s environmental justice record, works to reduce and eliminate these Americans were 79 percent more likely concluding that EPA senior manage- disparities that exist in our minority than their white counterparts to live in ment had not ‘‘sufficiently directed and low-income communities. I look an area where the levels of air pollu- program and regional offices to con- forward to joining my colleagues in the tion posed health risks. About half of duct environmental justice reviews.’’ Senate to get this enacted into law. lower-income homes in our Nation are Earlier this year, the United Church located within a mile of factories that of Christ released a report, Toxic f report toxic emissions to the EPA. His- Wastes and Race at Twenty, which SUBMITTED RESOLUTIONS panic and African-American children stated: ‘‘Environmental Justice fal- have lead poisoning rates that are tered and became invisible at the EPA roughly double that of their white under the George W. Bush Administra- SENATE RESOLUTION 421—HON- counterparts. The evidence clearly doc- tion.’’ ORING THE 150TH ANNIVERSARY uments the disproportionate impact of The Environmental Justice Renewal OF THE AMERICAN PRINTING pollution faced by minority and low-in- Act will address the rollbacks that HOUSE FOR THE BLIND come populations. have taken place during this Adminis- Mr. MCCONNELL (for himself and For more than a quarter-century, ac- tration, and once again focus federal Mr. BUNNING) submitted the following tivists have been working to address attention and resources on environ- resolution; which was considered and this disparity in exposure. The work of mental justice. residents in Warren County, NC, in pro- It will revitalize the Interagency agreed to: testing the placement of a toxic waste Working Group, IWG, on Environ- S. RES. 421 site in a predominantly African-Amer- mental Justice, codifying the IWG and Whereas the American Printing House for ican community sparked the modern- requiring biennial assessments of their the Blind was chartered in 1858 in Louisville, day environmental justice movement. efforts by the Government Account- Kentucky by the General Assembly of Ken- tucky through An Act to Establish the Since that time, individuals in all ability Office, to ensure that all agen- American Printing House for the Blind, in parts of the United States have spoken cies are completing goals and following response to a growing national need for out about the conditions in their own timelines identified in each agency’s books and educational aids for blind stu- neighborhoods, and have joined to- environmental justice strategy. dents;

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S210 CONGRESSIONAL RECORD — SENATE January 23, 2008 Whereas Louisville, Kentucky was chosen the Rotary Lombardi Trophy, the Outland (3) directs the Secretary of the Senate to as the best city in which to establish a na- Trophy, and the Ronnie Lott Trophy, mak- transmit copies of this resolution to the tional publishing house to print books in ing him the most honored defensive player in President, the Secretary of Defense, and the raised letters due to its central location in Louisiana State University history; Secretary of State. the country in 1858 and its efficient distribu- Whereas quarterback Matt Flynn threw 21 f tion system; touchdown passes during the 2007 season, in- Whereas the 45th Congress passed an Act to cluding a career-high record of 4 touchdowns SENATE RESOLUTION 424—ELECT- promote the education of the blind in 1879 in the Bowl Championship Series national ING LULA JOHNSON DAVIS, OF designating the American Printing House for championship game; MARYLAND, AS SECRETARY FOR the Blind as the official national source of Whereas running back Jacob Hester rushed THE MAJORITY OF THE SENATE textbooks and educational aids for legally for 1,103 yards during the 2007 season, scoring blind students below college level through- 12 touchdowns, and completed his collegiate Mr. REID submitted the following out the country, and Congress appropriates football career of 364 carries without fum- resolution; which was considered and Federal funds to the American Printing bling or turning over the football; agreed to: House for the Blind annually for this pur- Whereas Louisiana State University head S. RES. 424 pose; coach Les Miles has led the Tiger football Resolved, that Lula Johnson Davis, of Whereas, for 150 years, the American program to 34 wins, 20 Southeastern Con- Maryland, be and she is hereby, elected Sec- Printing House for the Blind has identified ference victories, 14 wins over nationally retary for the Majority of the Senate. the unique needs of people who are blind and ranked opponents, and 3 double-digit win visually impaired and has developed, pro- seasons as head coach; and f duced, and distributed educational materials Whereas Louisiana State University is the AMENDMENTS SUBMITTED AND in Braille, large print, and enlarged print first team to win 2 Bowl Championship Se- PROPOSED throughout the United States; ries national championship titles, having Whereas the American Printing House for won 2 titles in 5 years: Now, therefore, be it SA 3901. Mr. KENNEDY submitted an the Blind serves more than 58,000 blind and Resolved, That the Senate— amendment intended to be proposed by him visually impaired Americans each year; and (1) commends the Louisiana State Univer- to the bill S. 2248, to amend the Foreign In- Whereas the American Printing House for sity Tigers football team for winning the telligence Surveillance Act of 1978, to mod- the Blind each year attracts visitors from 2007 Bowl Championship Series national ernize and streamline the provisions of that across the country and around the world to championship game; Act, and for other purposes; which was or- learn about the history of the education of (2) recognizes the achievements of all the dered to lie on the table. the blind and to exchange information on the players, coaches, and support staff who were SA 3902. Mr. KYL submitted an amend- evolving needs of the population it serves: instrumental in helping the Louisiana State ment intended to be proposed by him to the Now, therefore, be it University football team during the 2007 bill S. 2248, supra; which was ordered to lie Resolved, That the Senate— football season; on the table. (1) honors the 150th anniversary of the es- (3) congratulates the citizens of Louisiana, SA 3903. Mr. KYL submitted an amend- tablishment of the American Printing House the Louisiana State University community, ment intended to be proposed by him to the for the Blind in Louisville, Kentucky, and and fans of Tiger football; and bill S. 2248, supra; which was ordered to lie (2) recognizes the important role the Amer- (4) requests the Secretary of the Senate to on the table. ican Printing House for the Blind has played transmit an enrolled copy of this resolution SA 3904. Mr. CONRAD submitted an in the education of blind and visually im- to Louisiana State University for appro- amendment intended to be proposed by him paired students throughout the United priate display. to the bill S. 1200, to amend the Indian States. Health Care Improvement Act to revise and f extend the Act; which was ordered to lie on f SENATE RESOLUTION 423—SEEK- the table. SA 3905. Mr. SPECTER (for himself and SENATE RESOLUTION 422—COM- ING THE RETURN OF THE USS PUEBLO TO THE UNITED STATES Mr. WHITEHOUSE) submitted an amendment MENDING THE LOUISIANA STATE intended to be proposed by him to the bill S. UNIVERSITY TIGERS FOOTBALL NAVY 2248, to amend the Foreign Intelligence Sur- TEAM FOR WINNING THE 2007 Mr. ALLARD (for himself, Mr. veillance Act of 1978, to modernize and BOWL CHAMPIONSHIP SERIES INOUYE, Mr. BIDEN, and Mr. SALAZAR) streamline the provisions of that Act, and NATIONAL CHAMPIONSHIP GAME submitted the following resolution; for other purposes; which was ordered to lie which was considered and agreed to: on the table. Mr. VITTER (for himself and Ms. SA 3906. Mr. MARTINEZ submitted an S. RES. 423 LANDRIEU) submitted the following res- amendment intended to be proposed to olution; which was considered and Whereas the USS Pueblo, which was at- amendment SA 3899 proposed by Mr. DORGAN agreed to: tacked and captured by the Navy of North (for himself, Ms. MURKOWSKI, Mr. BAUCUS, Korea on January 23, 1968, was the first ship Mr. KENNEDY, Mr. SMITH, Mr. NELSON of Ne- S. RES. 422 of the United States Navy to be hijacked on braska, and Mr. SALAZAR) to the bill S. 1200, Whereas the Louisiana State University the high seas by a foreign military force in to amend the Indian Health Care Improve- Tigers football team won the 2007 Bowl more than 150 years; ment Act to revise and extend the Act; Championship Series national championship Whereas 1 member of the USS Pueblo crew, which was ordered to lie on the table. game, defeating The Ohio State University Duane Hodges, was killed in the assault, f by a score of 38 to 24 at the Louisiana Super- while the other 82 crew members were held dome in New Orleans, Louisiana, on January in captivity, often under inhumane condi- TEXT OF AMENDMENTS 7, 2008; tions, for 11 months; SA 3901. Mr. KENNEDY submitted an Whereas the Louisiana State University Whereas the USS Pueblo, an intelligence football team won the Southeastern Con- collection auxiliary vessel, was operating in amendment intended to be proposed by ference Championship on December 1, 2007, international waters at the time of the cap- him to the bill S. 2248, to amend the defeating the University of Tennessee by a ture, and therefore did not violate the terri- Foreign Intelligence Surveillance Act score of 21 to 14 in the championship game at torial waters of North Korea; of 1978, to modernize and streamline the Georgia Dome in Atlanta, Georgia; Whereas the capture of the USS Pueblo re- the provisions of that Act, and for Whereas the Louisiana State University sulted in no reprisals against the Govern- other purposes; which was ordered to football team won 12 games during the 2007 ment or people of North Korea and no mili- lie on the table; as follows: season; tary action at any time; and On page 29, line 4, strike ‘‘2013.’’ and insert Whereas the Louisiana State University Whereas the USS Pueblo, though still the the following: ‘‘2010. Notwithstanding any football team won 7 games against nation- property of the United States Navy, has been other provision of this Act, the transitional ally ranked opponents during the 2007 sea- retained by the Government of North Korea procedures under paragraphs (2)(B) and (3)(B) son; for 40 years, was subjected to exhibition in of section 302(c) shall apply to any order, au- Whereas the Louisiana State University the North Korean cities of Wonsan and thorization, or directive, as the case may be, football team set a total of 12 school offen- Hungham, and is now on display in issued under title VII of the Foreign Intel- sive records during the 2007 season including Pyongyang, the capital city of North Korea: ligence Surveillance Act of 1978, as amended 541 points scored, averaging 38.6 points per Now, therefore, be it game and 6,152 yards in total offense; Resolved, That the Senate— by this Act, in effect on December 31, 2010.’’. Whereas Craig Steltz was named first-team (1) desires the return of the USS Pueblo to All-American and led the Southeastern Con- the United States Navy; SA 3902. Mr. KYL submitted an ference in interceptions; (2) would welcome the return of the USS amendment intended to be proposed by Whereas defensive tackle Glenn Dorsey Pueblo as a goodwill gesture from the North him to the bill S. 2248, to amend the was awarded the Bronko Nagurski Trophy, Korean people to the American people; and Foreign Intelligence Surveillance Act

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S211 of 1978, to modernize and streamline while that property is outside of the United (3) ADDITION OF SEXUAL ASSAULT TO DEFINI- the provisions of that Act, and for States; TION OF OFFENSE OF TERRORIST ASSAULT.— other purposes; which was ordered to ‘‘(8) the offense occurs in whole or in part Section 2332(d) of title 18, United States lie on the table; as follows: within the United States, and an offender in- Code, as redesignated by paragraph (2) of this tends to facilitate, reward or encourage an subsection, is amended— At the appropriate place, insert the fol- act of international terrorism that is de- (A) in paragraph (1), by inserting ‘‘(as de- lowing: signed to influence the policy or affect the fined in section 1365, including any conduct SEC. ll. PREVENTION AND DETERRENCE OF conduct of a foreign government; or that, if the conduct occurred in the special TERRORIST SUICIDE BOMBINGS. ‘‘(9) the offense occurs in whole or in part maritime and territorial jurisdiction of the (a) IN GENERAL.— outside of the United States, and an offender United States, would violate section 2241 or (1) OFFENSE OF REWARDING OR FACILITATING is a national of the United States, a stateless 2242)’’ after ‘‘injury’’; INTERNATIONAL TERRORIST ACTS.— person whose habitual residence is in the (B) in paragraph (2), by inserting ‘‘(as de- (A) IN GENERAL.—Chapter 113B of title 18, United States, or a legal entity organized fined in section 1365, including any conduct United States Code, is amended by adding at under the laws of the United States (includ- that, if the conduct occurred in the special the end the following: ing any of its States, districts, common- maritime and territorial jurisdiction of the ‘‘§ 2339E. Providing material support to inter- wealths, territories, or possessions).’’. United States, would violate section 2241 or national terrorism (B) TECHNICAL AND CONFORMING AMEND- 2242)’’ after ‘‘injury’’; and ‘‘(a) DEFINITIONS.—In this section: MENTS.— (C) in the matter following paragraph (2), ‘‘(1) The term ‘facility of interstate or for- (i) TABLE OF SECTIONS.—The table of sec- by striking ‘‘or imprisoned’’ and all that fol- eign commerce’ has the same meaning as in tions for chapter 113B of title 18, United lows and inserting ‘‘and imprisoned for any section 1958(b)(2). States Code, is amended by adding at the end term of years not less than 30 or for life.’’. ‘‘(2) The term ‘international terrorism’ has the following: (c) TERRORIST HOAXES AGAINST FAMILIES the same meaning as in section 2331. ‘‘2339D. Receiving military-type training OF UNITED STATES SERVICEMEN.— ‘‘(3) The term ‘material support or re- from a foreign terrorist organi- (1) HOAX STATUTE.—Section 1038 of title 18, sources’ has the same meaning as in section zation. United States Code, is amended— 2339A(b). ‘‘2339E. Providing material support to inter- (A) in subsections (a)(1) and (b), by insert- ‘‘(4) The term ‘perpetrator of an act’ in- national terrorism.’’. ing ‘‘or any other offense listed under sec- tion 2332b(g)(5)(B) of this title’’ after ‘‘title cludes any person who— (ii) OTHER AMENDMENT.—Section 49,’’; and ‘‘(A) commits the act; 2332b(g)(5)(B)(i) of title 18, United States (B) in subsection (a)(2)— ‘‘(B) aids, abets, counsels, commands, in- Code, is amended by inserting ‘‘2339E (relat- (i) in subparagraph (A), by striking ‘‘, im- duces, or procures its commission; or ing to providing material support to inter- prisoned not more than 5 years, or both’’ and ‘‘(C) attempts, plots, or conspires to com- national terrorism),’’ before ‘‘or 2340A (relat- inserting ‘‘and imprisoned for not less than 2 mit the act. ing to torture)’’. years nor more than 10 years’’; ‘‘(5) The term ‘serious bodily injury’ has (2) INCREASED PENALTIES FOR PROVIDING MA- (ii) in subparagraph (B), by striking ‘‘, im- the same meaning as in section 1365. TERIAL SUPPORT TO TERRORISTS.— prisoned not more than 20 years, or both’’ ‘‘(b) PROHIBITION.—Whoever, in a cir- (A) PROVIDING MATERIAL SUPPORT TO DES- and inserting ‘‘and imprisoned for not less cumstance described in subsection (c), pro- IGNATED FOREIGN TERRORIST ORGANIZA- than 5 years nor more than 25 years’’; and vides, or attempts or conspires to provide, TIONS.—Section 2339B(a) of title 18, United (iii) in subparagraph (C), by striking ‘‘, im- material support or resources to the perpe- States Code, is amended by striking ‘‘15 prisoned for any term of years or for life, or trator of an act of international terrorism, years’’ and inserting ‘‘30 years’’. both’’ and inserting ‘‘and imprisoned for any or to a family member or other person asso- (B) PROVIDING MATERIAL SUPPORT OR RE- term of years not less than 10 or for life’’. ciated with such perpetrator, with the intent SOURCES IN AID OF A TERRORIST CRIME.—Sec- (2) ATTACKS ON UNITED STATES SERVICE- to facilitate, reward, or encourage that act tion 2339A(a) of title 18, United States Code, MEN.— or other acts of international terrorism, is amended by striking ‘‘imprisoned not (A) IN GENERAL.—Chapter 67 of title 18, shall be fined under this title, imprisoned for more than 15 years’’ and all that follows United States Code, is amended by adding at any term of years or for life, or both, and, if through ‘‘life.’’ and inserting ‘‘imprisoned the end the following: death results, shall be imprisoned for any for any term of years or for life, or both, and, term of years not less than 10 or for life. if the death of any person results, shall be ‘‘§ 1389. Prohibition on attacks on United ‘‘(c) JURISDICTIONAL BASES.—A cir- imprisoned for any term of years not less States servicemen on account of service cumstance referred to in subsection (b) is than 10 or for life.’’. ‘‘(a) IN GENERAL.—Whoever assaults, bat- that— (C) RECEIVING MILITARY-TYPE TRAINING ters, or knowingly destroys or injures the ‘‘(1) the offense occurs in or affects inter- FROM A FOREIGN TERRORIST ORGANIZATION.— property of a United States serviceman or of state or foreign commerce; Section 2339D(a) of title 18, United States a member of the immediate family of a ‘‘(2) the offense involves the use of the Code, is amended by striking ‘‘ten years’’ United States serviceman, on account of the mails or a facility of interstate or foreign and inserting ‘‘25 years’’. military service of that serviceman or status commerce; (D) ADDITION OF ATTEMPTS AND CONSPIR- of that individual as a United States service- ‘‘(3) an offender intends to facilitate, re- ACIES TO AN OFFENSE RELATING TO MILITARY man, or who attempts or conspires to do so, ward, or encourage an act of international TRAINING.—Section 2339D(a) of title 18, shall— terrorism that affects interstate or foreign United States Code, is amended by inserting ‘‘(1) in the case of a simple assault, or de- commerce or would have affected interstate ‘‘, or attempts or conspires to receive,’’ after struction or injury to property in which the or foreign commerce had it been con- ‘‘receives’’. damage or attempted damage to such prop- summated; (b) TERRORIST MURDERS, KIDNAPPINGS, AND erty is not more than $500, be fined under ‘‘(4) an offender intends to facilitate, re- ASSAULTS.— this title in an amount not less than $500 and ward, or encourage an act of international (1) PENALTIES FOR TERRORIST MURDER AND imprisoned not more than 2 years; terrorism that violates the criminal laws of MANSLAUGHTER.—Section 2332(a) of title 18, ‘‘(2) in the case of destruction or injury to the United States; United States Code, is amended— property in which the damage or attempted ‘‘(5) an offender intends to facilitate, re- (A) in paragraph (1), by striking ‘‘, pun- damage to such property is more than $500, ward, or encourage an act of international ished by death’’ and all that follows and in- be fined under this title in an amount not terrorism that is designed to influence the serting ‘‘and punished by death or impris- less than $1000 and imprisoned not less than policy or affect the conduct of the United oned for life;’’; and 90 days nor more than 10 years; and States Government; (B) in paragraph (2), by striking ‘‘ten ‘‘(3) in the case of a battery, or an assault ‘‘(6) an offender intends to facilitate, re- years’’ and inserting ‘‘30 years’’. resulting in bodily injury, be fined under this ward, or encourage an act of international (2) ADDITION OF OFFENSE OF TERRORIST KID- title in an amount not less than $2500 and terrorism that occurs in part within the NAPPING.—Section 2332 of title 18, United imprisoned not less than 2 years nor more United States and is designed to influence States Code, is amended— than 30 years. the policy or affect the conduct of a foreign (A) by redesignating subsections (c) and (d) ‘‘(b) EXCEPTION.—This section shall not government; as subsections (d) and (e), respectively; and apply to a person who is subject to the Uni- ‘‘(7) an offender intends to facilitate, re- (B) by inserting after subsection (b) the form Code of Military Justice. ward, or encourage an act of international following: ‘‘(c) DEFINITION.—In this section, the term terrorism that causes or is designed to cause ‘‘(c) KIDNAPPING.—Whoever outside the ‘United States serviceman’— death or serious bodily injury to a national United States unlawfully seizes, confines, in- ‘‘(1) means a member of the Armed Forces, of the United States while that national is veigles, decoys, kidnaps, abducts, or carries as that term is defined in section 1388; and outside the United States, or substantial away, or attempts or conspires to seize, con- ‘‘(2) includes a former member of the damage to the property of a legal entity or- fine, inveigle, decoy, kidnap, abduct or carry Armed Forces during the 5-year period begin- ganized under the laws of the United States away, a national of the United States shall ning on the date of the discharge from the (including any of its States, districts, com- be fined under this title and imprisoned for Armed Forces of that member of the Armed monwealths, territories, or possessions) any term of years or for life.’’. Forces.’’.

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S212 CONGRESSIONAL RECORD — SENATE January 23, 2008

(B) TECHNICAL AND CONFORMING AMEND- 1001(a) and 1505 of title 18, United States fense as would disclosure of the specific clas- MENT.—The table of sections for chapter 67 of Code, are amended by striking ‘‘8 years’’ and sified information. title 18, United States Code, is amended by inserting ‘‘10 years’’. ‘‘(5) A defendant may not obtain access to adding at the end the following: (f) IMPROVEMENTS TO THE CLASSIFIED IN- classified information subject to this sub- ‘‘1389. Prohibition on attacks on United FORMATION PROCEDURES ACT.— section except as provided in this subsection. States servicemen on account (1) INTERLOCUTORY APPEALS UNDER THE Any proceeding, whether by deposition under of service.’’. CLASSIFIED INFORMATION PROCEDURES ACT.— the Federal Rules of Criminal Procedure or (3) THREATENING COMMUNICATIONS.— Section 7(a) of the Classified Information otherwise, in which a defendant seeks to ob- (A) MAILED WITHIN THE UNITED STATES.— Procedures Act (18 U.S.C. App.) is amended tain access to such classified information Section 876 of title 18, United States Code, is by adding at the end ‘‘The Government’s not previously authorized by a court for dis- amended by adding at the end the following: right to appeal under this section applies closure under this subsection must be dis- ‘‘(e) For purposes of this section, the term without regard to whether the order ap- continued or may proceed only as to lines of ‘addressed to any other person’ includes an pealed from was entered under this Act.’’. inquiry not involving such classified infor- individual (other than the sender), a corpora- (2) EX PARTE AUTHORIZATIONS UNDER THE mation.’’. tion or other legal person, and a government CLASSIFIED INFORMATION PROCEDURES ACT.— or agency or component thereof.’’. Section 4 of the Classified Information Pro- SA 3903. Mr. KYL submitted an (B) MAILED TO A FOREIGN COUNTRY.—Sec- cedures Act (18 U.S.C. App.) is amended— amendment intended to be proposed by tion 877 of title 18, United States Code, is (A) in the second sentence— him to the bill S. 2248, to amend the amended by adding at the end the following: (i) by striking ‘‘may’’ and inserting Foreign Intelligence Surveillance Act ‘‘For purposes of this section, the term ‘ad- ‘‘shall’’; and of 1978, to modernize and streamline dressed to any person’ includes an indi- (ii) by striking ‘‘written statement to be the provisions of that Act, and for vidual, a corporation or other legal person, inspected’’ and inserting ‘‘statement to be and a government or agency or component made ex parte and to be considered’’; and other purposes; which was ordered to thereof.’’. (B) in the third sentence— lie on the table; as follows: (d) DENIAL OF FEDERAL BENEFITS TO CON- (i) by striking ‘‘If the court enters an order On page 8, between lines 12 and 13 insert VICTED TERRORISTS.— granting relief following such an ex parte the following: (1) IN GENERAL.—Chapter 113B of title 18, showing, the’’ and inserting ‘‘The’’; and ‘‘(3) EXCEPTION.—Paragraph (2) shall not United States Code, as amended by this sec- (ii) by inserting ‘‘, as well as any summary apply to an acquisition by an electronic, me- tion, is amended by adding at the end the of the classified information the defendant chanical, or other surveillance device out- following: seeks to obtain,’’ after ‘‘text of the state- side the United States if a warrant would not ment of the United States’’. be required if such acquisition were con- ‘‘§ 2339F. Denial of Federal benefits to terror- (3) APPLICATION OF CLASSIFIED INFORMATION ducted outside the United States for law en- ists PROCEDURES ACT TO NONDOCUMENTARY INFOR- forcement purposes. ‘‘(a) IN GENERAL.—Any individual who is MATION.—Section 4 of the Classified Informa- ‘‘(4) PROCEDURES.— convicted of a Federal crime of terrorism (as tion Procedures Act (18 U.S.C. App.) is defined in section 2332b(g)) shall, as provided amended— SA 3904. Mr. CONRAD submitted an by the court on motion of the Government, (A) in the section heading, by inserting ‘‘, amendment intended to be proposed by be ineligible for any or all Federal benefits AND ACCESS TO,’’ after ‘‘OF’’; him to the bill S. 1200, to amend the In- for any term of years or for life. (B) by inserting ‘‘(a) DISCOVERY OF CLASSI- ‘‘(b) FEDERAL BENEFIT DEFINED.—In this dian Health Care Improvement Act to FIED INFORMATION FROM DOCUMENTS.—’’ be- revise and extend the Act; which was section, ‘Federal benefit’ has the meaning fore the first sentence; and given that term in section 421(d) of the Con- (C) by adding at the end the following: ordered to lie on the table; as follows: trolled Substances Act (21 U.S.C. 862(d)).’’. ‘‘(b) ACCESS TO OTHER CLASSIFIED INFORMA- On page 196, line 15, insert ‘‘, including pro- (2) TECHNICAL AND CONFORMING AMEND- TION.— grams to provide services using video or MENT.—The table of sections for chapter 113B ‘‘(1) If the defendant seeks access through electronic delivery methods,’’ after ‘‘trust of title 18, United States Code, as amended deposition under the Federal Rules of Crimi- lands’’. by this section, is amended by adding at the nal Procedure or otherwise to non-documen- end the following: tary information from a potential witness or SA 3905. Mr. SPECTER (for himself ‘‘Sec. 2339F. Denial of Federal benefits to other person which he knows or reasonably and Mr. WHITEHOUSE) submitted an terrorists.’’. believes is classified, he shall notify the at- amendment intended to be proposed by (e) INVESTIGATION OF TERRORIST CRIMES.— torney for the United States and the district him to the bill S. 2248, to amend the (1) NONDISCLOSURE OF FISA INVESTIGA- court in writing. Such notice shall specify Foreign Intelligence Surveillance Act TIONS.—The following provisions of the For- with particularity the classified information of 1978, to modernize and streamline eign Intelligence Surveillance Act of 1978 are sought by the defendant and the legal basis the provisions of that Act, and for each amended by inserting ‘‘(other than in for such access. At a time set by the court, proceedings or other civil matters under the the United States may oppose access to the other purposes; which was ordered to immigration laws, as that term is defined in classified information. lie on the table; as follows: section 101(a)(17) of the Immigration and Na- ‘‘(2) If, after consideration of any objection On page 46, strike line 5 and all that fol- tionality Act (8 U.S.C. 1101(a)(17)))’’ after raised by the United States, including any lows through page 48, line 21, and insert the ‘‘authority of the United States’’: objection asserted on the basis of privilege, following: (A) Subsections (c), (e), and (f) of section the court determines that the defendant is (6) FOREIGN INTELLIGENCE SURVEILLANCE 106 (50 U.S.C. 1806). legally entitled to have access to the infor- COURT.—The term ‘‘Foreign Intelligence Sur- (B) Subsections (d), (f), and (g) of section mation specified in the notice required by veillance Court’’ means the court established 305 (50 U.S.C. 1825). paragraph (1), the United States may request under section 103(a) of the Foreign Intel- (C) Subsections (c), (e), and (f) of section the substitution of a summary of the classi- ligence Surveillance Act of 1978 (50 U.S.C. 405 (50 U.S.C. 1845). fied information or the substitution of a 1803(a)). (2) MULTIDISTRICT SEARCH WARRANTS IN statement admitting relevant facts that the SEC. 202. SUBSTITUTION OF THE UNITED STATES TERRORISM INVESTIGATIONS.—Rule 41(b)(3) of classified information would tend to prove. IN CERTAIN ACTIONS. the Federal Rules of Criminal Procedure is ‘‘(3) The court shall permit the United (a) IN GENERAL.— amended to read as follows: States to make its objection to access or its (1) CERTIFICATION.—Notwithstanding any ‘‘(3) a magistrate judge—in an investiga- request for such substitution in the form of other provision of law, a Federal or State tion of— a statement to be made ex parte and to be court shall substitute the United States for ‘‘(A) a Federal crime of terrorism (as de- considered by the court alone. The entire an electronic communication service pro- fined in section 2332b(g)(g) of title 18, United text of the statement of the United States, vider with respect to any claim in a covered States Code); or as well as any summary of the classified in- civil action as provided in this subsection, if ‘‘(B) an offense under section 1001 or 1505 of formation the defendant seeks to obtain, the Attorney General certifies to that court title 18, United States Code, relating to in- shall be sealed and preserved in the records that— formation or purported information con- of the court and made available to the appel- (A) with respect to that claim, the assist- cerning a Federal crime of terrorism (as de- late court in the event of an appeal. ance alleged to have been provided by the fined in section 2332b(g)(5) of title 18, United ‘‘(4) The court shall grant the request of electronic communication service provider States Code)—having authority in any dis- the United States to substitute a summary was— trict in which activities related to the Fed- of the classified information or to substitute (i) provided in connection with an intel- eral crime of terrorism or offense may have a statement admitting relevant facts that ligence activity involving communications occurred, may issue a warrant for a person the classified information would tend to that was— or property within or outside that district.’’. prove if it finds that the summary or state- (I) authorized by the President during the (3) INCREASED PENALTIES FOR OBSTRUCTION ment will provide the defendant with sub- period beginning on September 11, 2001, and OF JUSTICE IN TERRORISM CASES.—Sections stantially the same ability to make his de- ending on January 17, 2007; and

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(II) designed to detect or prevent a ter- (iv) DECLARATIONS.—If the Attorney Gen- (A) a certification under subsection (a) rorist attack, or activities in preparation for eral files a declaration under section 1746 of may be provided and reviewed in camera, ex a terrorist attack, against the United States; title 28, United States Code, that disclosure parte, and under seal; and and of a determination made pursuant to clause (B) for any certification provided and re- (ii) described in a written request or direc- (i) would harm the national security of the viewed as described in subparagraph (A), the tive from the Attorney General or the head United States, the Foreign Intelligence Sur- court shall not disclose or cause the disclo- of an element of the intelligence community veillance Court shall limit any public disclo- sure of its contents. (or the deputy of such person) to the elec- sure concerning such determination, includ- (2) NONDELEGATION.—The authority and du- tronic communication service provider indi- ing any public order following such an ex ties of the Attorney General under this sec- cating that the activity was— parte review, to a statement that the condi- tion shall be performed by the Attorney Gen- (I) authorized by the President; and tions of clause (i) have or have not been met, eral or a designee in a position not lower (II) determined to be lawful; or without disclosing the basis for the deter- than the Deputy Attorney General. (B) the electronic communication service mination. (c) SOVEREIGN IMMUNITY.—This section, in- provider did not provide the alleged assist- (3) PROCEDURES.— cluding any Federal statute cited in this sec- ance. (A) TORT CLAIMS.—Upon a substitution tion that operates as a waiver of sovereign (2) SUBSTITUTION.— under paragraph (2), for any tort claim— immunity, constitute the sole waiver of sov- (A) IN GENERAL.—Except as provided in (i) the claim shall be deemed to have been ereign immunity with respect to any covered subparagraph (B), and subject to subpara- filed under section 1346(b) of title 28, United civil action. graph (C), upon receiving a certification States Code, except that sections 2401(b), (d) CIVIL ACTIONS IN STATE COURT.—For under paragraph (1), a Federal or State court 2675, and 2680(a) of title 28, United States purposes of section 1441 of title 28, United shall— Code, shall not apply; and States Code, any covered civil action that is (i) substitute the United States for the (ii) the claim shall be deemed timely filed brought in a State court or administrative electronic communication service provider against the United States if it was timely or regulatory bodies shall be deemed to arise as the defendant as to all claims designated filed against the electronic communication under the Constitution or laws of the United by the Attorney General in that certifi- service provider. States and shall be removable under that cation, consistent with the procedures under (B) CONSTITUTIONAL AND STATUTORY section. (e) RULE OF CONSTRUCTION.—Except as ex- rule 25(c) of the Federal Rules of Civil Proce- CLAIMS.—Upon a substitution under para- dure, as if the United States were a party to graph (2), for any claim under the Constitu- pressly provided in this section, nothing in this section may be construed to limit any whom the interest of the electronic commu- tion of the United States or any Federal immunity, privilege, or defense under any nication service provider in the litigation statute— other provision of law, including any privi- had been transferred; and (i) the claim shall be deemed to have been lege, immunity, or defense that would other- (ii) as to that electronic communication filed against the United States under section wise have been available to the United service provider— 1331 of title 28, United States Code; States absent its substitution as party-de- (I) dismiss all claims designated by the At- (ii) with respect to any claim under a Fed- fendant or had the United States been the torney General in that certification; and eral statute that does not provide a cause of named defendant. (II) enter a final judgment relating to action against the United States, the plain- (f) EFFECTIVE DATE AND APPLICATION.— those claims. tiff shall be permitted to amend such claim This section shall apply to any covered civil (B) CONTINUATION OF CERTAIN CLAIMS.—If a to substitute, as appropriate, a cause of ac- action pending on or filed after the date of certification by the Attorney General under tion under— enactment of this Act. paragraph (1) states that not all of the al- (I) section 704 of title 5, United States Code leged assistance was provided under a writ- (commonly known as the Administrative SA 3906. Mr. MARTINEZ submitted ten request or directive described in para- Procedure Act); an amendment intended to be proposed graph (1)(A)(ii), the electronic communica- (II) section 2712 of title 18, United States to amendment SA 3899 proposed by Mr. tion service provider shall remain as a de- Code; or fendant. (III) section 110 of the Foreign Intelligence DORGAN (for himself, Ms. MURKOWSKI, (C) DETERMINATION.— Surveillance Act of 1978 (50 U.S.C. 1810); Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, (i) IN GENERAL.—Substitution under sub- (iii) the statutes of limitation applicable Mr. NELSON of Nebraska, and Mr. SALA- paragraph (A) shall proceed only after a de- to the causes of action identified in clause ZAR) to the bill S. 1200, to amend the termination by the Foreign Intelligence Sur- (ii) shall not apply to any amended claim Indian Health Care Improvement Act veillance Court that— under that clause, and any such cause of ac- to revise and extend the Act; which (I) the written request or directive from tion shall be deemed timely filed if any Fed- was ordered to lie on the table; as fol- the Attorney General or the head of an ele- eral statutory cause of action against the lows: ment of the intelligence community (or the electronic communication service provider At the end of title II, add the following: deputy of such person) to the electronic com- was timely filed; and munication service provider under paragraph (iv) for any amended claim under clause SEC. lll. INCREASED CIVIL MONEY PENALTIES AND CRIMINAL FINES FOR MEDI- (1)(A)(ii) complied with section (ii) the United States shall be deemed a prop- CARE FRAUD AND ABUSE. 2511(2)(a)(ii)(B) of title 18, United States er defendant under any statutes described in (a) INCREASED CIVIL MONEY PENALTIES.— Code; that clause, and any plaintiff that had stand- Section 1128A of the Social Security Act (42 (II) the assistance alleged to have been pro- ing to proceed against the original defendant U.S.C. 1320a–7a) is amended— vided was undertaken by the electronic com- shall be deemed an aggrieved party for pur- (1) in subsection (a), in the flush matter munication service provider acting in good poses of proceeding under section 2712 of title following paragraph (7)— faith and pursuant to an objectively reason- 18, United States Code, or section 110 of the (A) by striking ‘‘$10,000’’ each place it ap- able belief that compliance with the written Foreign Intelligence Surveillance Act of 1978 pears and inserting ‘‘$20,000’’; request or directive under paragraph (50 U.S.C. 1810). (B) by striking ‘‘$15,000’’ and inserting (1)(A)(ii) was permitted by law; or (C) DISCOVERY.— ‘‘$30,000’’; and (III) the electronic communication service (i) IN GENERAL.—In a covered civil action (C) by striking ‘‘$50,000’’ and inserting provider did not provide the alleged assist- in which the United States is substituted as ‘‘$100,000’’; and ance. party-defendant under paragraph (2), any (2) in subsection (b)— (ii) CERTIFICATION.—If the Attorney Gen- plaintiff may serve third-party discovery re- (A) in paragraph (1), in the flush matter eral submits a certification under paragraph quests to any electronic communications following subparagraph (B), by striking (1), the court to which that certification is service provider as to which all claims are ‘‘$2,000’’ and inserting ‘‘$4,000’’; submitted shall— dismissed. (B) in paragraph (2), by striking ‘‘$2,000’’ (I) immediately certify the questions de- (ii) BINDING THE GOVERNMENT.—If a plain- and inserting ‘‘$4,000’’; and scribed in clause (i) to the Foreign Intel- tiff in a covered civil action serves deposi- (C) in paragraph (3)(A)(i), by striking ligence Surveillance Court; and tion notices under rule 30(b)(6) of the Federal ‘‘$5,000’’ and inserting ‘‘$10,000’’. (II) stay further proceedings in the rel- Rules of Civil Procedure or requests under (b) INCREASED CRIMINAL FINES.—Section evant litigation, pending the determination rule 36 of the Federal Rules of Civil Proce- 1128B of the Social Security Act (42 U.S.C. of the Foreign Intelligence Surveillance dure for admission upon an electronic com- 1320a–7b) is amended— Court. munications service provider as to which all (1) in subsection (a), in the flush matter (iii) PARTICIPATION OF PARTIES.—In review- claims were dismissed, the electronic com- following paragraph (6)— ing a certification and making a determina- munications service provider shall be (A) by striking ‘‘$25,000’’ and inserting tion under clause (i), the Foreign Intel- deemed a party-defendant for purposes rule ‘‘$100,000’’; and ligence Surveillance Court shall permit any 30(b)(6) or rule 36 and its answers and admis- (B) by striking ‘‘$10,000’’ and inserting plaintiff and any defendant in the applicable sions shall be deemed binding upon the Gov- ‘‘$20,000’’; covered civil action to appear before the For- ernment. (2) in subsection (b)— eign Intelligence Surveillance Court pursu- (b) CERTIFICATIONS.— (A) in paragraph (1), in the flush matter ant to section 103 of the Foreign Intelligence (1) IN GENERAL.—For purposes of substi- following subparagraph (B), by striking Surveillance Act of 1978 (50 U.S.C. 1803). tution proceedings under this section— ‘‘$25,000’’ and inserting ‘‘$100,000’’; and

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S214 CONGRESSIONAL RECORD — SENATE January 23, 2008 (B) in paragraph (2), in the flush matter tion projects, and for other purposes; rector, The Innocence Project, Cardozo following subparagraph (B), by striking and S. 2144, a bill to require the Sec- School of Law, New York, NY. ‘‘$25,000’’ and inserting ‘‘$100,000’’; retary of Energy to conduct a study of The PRESIDING OFFICER. Without (3) in subsection (c), by striking ‘‘$25,000’’ the feasibility relating to the construc- objection, it is so ordered. and inserting ‘‘$100,000’’; (4) in subsection (d), in the second flush tion and operation of pipelines and car- f matter following subparagraph (B), by strik- bon dioxide sequestration facilities, ing ‘‘$25,000’’ and inserting ‘‘$100,000’’; and and for other purposes. PRIVILEGES OF THE FLOOR (5) in subsection (e), by striking ‘‘$2,000’’ Because of the limited time available Mrs. FEINSTEIN. Madam President, and inserting ‘‘$4,000’’. for the hearing, witnesses may testify on behalf of Senator LEAHY, I ask (c) EFFECTIVE DATE.—The amendments by invitation only. However, those unanimous consent that Matthew Sol- made by this section shall apply to civil wishing to submit written testimony omon, a detailee on Senator LEAHY’s money penalties and fines imposed for ac- for the hearing record may do so by tions taken on or after the date of enact- Judiciary Committee staff, be given ment of this Act. sending it to the Committee on Energy floor privileges during the debate and SEC. llll. INCREASED SENTENCES FOR FELO- and Natural Resources, United States the vote of S. 2448, the FISA Amend- NIES INVOLVING MEDICARE FRAUD Senate, Washington, DC 20510–6150, or ment Act of 2007. AND ABUSE. by e-mail to Rose- The PRESIDING OFFICER. Without (a) FALSE STATEMENTS AND REPRESENTA- [email protected] objection, it is so ordered. TIONS.—Section 1128B(a) of the Social Secu- For further information, please con- Mr. DORGAN. Madam President, I rity Act (42 U.S.C. 1320a–7b(a)) is amended, in tact Allyson Anderson at (202) 224–7143 clause (i) of the flush matter following para- ask unanimous consent that Lindsey graph (6), by striking ‘‘not more than 5 or Rosemarie Calabro at (202) 224–5039. Miller and Katie Suchman of Senator years’’ and inserting ‘‘not more than 10 COMMITTEE ON ENERGY AND NATURAL GRASSLEY’s staff be granted the privi- years’’. RESOURCES leges of the floor for the duration of de- (b) ANTI-KICKBACK.—Section 1128B(b) of the Mr. BINGAMAN. Mr. President, I bate on Indian health care legislation. Social Security Act (42 U.S.C. 1320a–7b(b)) is would like to announce for the infor- The PRESIDING OFFICER. Without amended— mation of the Senate and the public objection, it is so ordered. (1) in paragraph (1), in the flush matter fol- that a hearing has been scheduled be- lowing subparagraph (B), by striking ‘‘not f more than 5 years’’ and inserting ‘‘not more fore the Committee on Energy and Nat- than 10 years’’; and ural Resources. HONORING THE 150TH ANNIVER- (2) in paragraph (2), in the flush matter fol- The hearing will be held on February SARY OF THE AMERICAN PRINT- lowing subparagraph (B), by striking ‘‘not 13, 2008, at 9:45 a.m., in room SD–366 of ING HOUSE FOR THE BLIND more than 5 years’’ and inserting ‘‘not more the Dirksen Senate Office Building. Mr. BROWN. Mr. President, I ask than 10 years’’. The purpose of the hearing is to con- unanimous consent that the Senate (c) FALSE STATEMENT OR REPRESENTATION sider the President’s fiscal year 2009 WITH RESPECT TO CONDITIONS OR OPERATIONS now proceed to the consideration of S. budget request for the Department of OF FACILITIES.—Section 1128B(c) of the Social Res. 421, which was submitted earlier Security Act (42 U.S.C. 1320a–7b(c)) is amend- the Interior. today. ed by striking ‘‘not more than 5 years’’ and Because of the limited time available The ACTING PRESIDENT pro tem- inserting ‘‘not more than 10 years’’. for the hearing, witnesses may testify pore. The clerk will report. (d) EXCESS CHARGES.—Section 1128B(d) of by invitation only. However, those The assistant legislative clerk read the Social Security Act (42 U.S.C. 1320a– wishing to submit written testimony as follows: 7b(d)) is amended, in the second flush matter for the hearing record should send it to A resolution (S. Res. 421) honoring the following subparagraph (B), by striking ‘‘not the Committee on Energy and Natural more than 5 years’’ and inserting ‘‘not more 150th anniversary of the American Printing than 10 years’’. Resources, United States Senate, House for the Blind. (e) EFFECTIVE DATE.—The amendments Washington, DC 20510–6150, or by e-mail There being no objection, the Senate made by this section shall apply to criminal to racheilpastemack@energy. proceeded to consider the resolution. penalties imposed for actions taken on or senate.gov. Mr. BROWN. Mr. President, I ask after the date of enactment of this Act. For further information, please con- unanimous consent that the resolution SEC. lll. INCREASED SURETY BOND REQUIRE- tact David Brooks at (202) 224–9863 or be agreed to, the preamble be agreed MENT FOR SUPPLIERS OF DME. Rachel Pasternack at (202) 224–0883. (a) IN GENERAL.—Section 1834(a)(16)(B) of to, and the motions to reconsider be the Social Security Act (42 U.S.C. f laid on the table. 1395m(a)(16)(B)) is amended by striking AUTHORITY FOR COMMITTEES TO The ACTING PRESIDENT pro tem- ‘‘$50,000’’ and inserting ‘‘$500,000’’. MEET pore. Without objection, it is so or- (b) EFFECTIVE DATE.—The amendment Mr. DORGAN. Mr. President, I ask dered. made by this section shall apply to the The resolution (S. Res. 421) was issuance (or renewal) of a provider number unanimous consent that the Senate for a supplier of durable medical equipment Committee on the Judiciary be author- agreed to. on or after the date of enactment of this Act. ized to meet during the session of the The preamble was agreed to. The resolution, with its preamble, f Senate, in order to conduct a hearing reads as follows: NOTICES OF HEARINGS entitled ‘‘Oversight of the Justice for All Act: Has the Justice Department S. RES. 421 COMMITTEE ON ENERGY AND NATURAL Effectively Administered the Whereas the American Printing House for RESOURCES Bloodsworth and Coverdell DNA Grant the Blind was chartered in 1858 in Louisville, Mr. BINGAMAN. Mr. President, I Programs?’’ on Wednesday, January 23, Kentucky by the General Assembly of Ken- would like to announce for the infor- tucky through An Act to Establish the 2008, at 10 a.m. in room SD–226 of the American Printing House for the Blind, in mation of the Senate and the public Dirksen Senate Office Building. that a hearing has been scheduled be- response to a growing national need for fore the Senate Committee on Energy Witness list books and educational aids for blind stu- dents; and Natural Resources. The hearing Panel I: Honorable Glenn A. Fine, In- Whereas Louisville, Kentucky was chosen will be held on Thursday, January 31, spector General, Department of Jus- as the best city in which to establish a na- 2008, at 10 a.m., in room SD–366 of the tice, Washington, DC and John Mor- tional publishing house to print books in Dirksen Senate Office Building. gan, Deputy Director for Science and raised letters due to its central location in The purpose of the hearing is to re- Technology, National Institute of Jus- the country in 1858 and its efficient distribu- ceive testimony on the regulatory as- tice, Department of Justice, Wash- tion system; pects of carbon capture, transpor- ington, DC. Whereas the 45th Congress passed an Act to tation, and sequestration and to re- Panel II: Larry A. Hammond, Part- promote the education of the blind in 1879 designating the American Printing House for ceive testimony on two related bills: S. ner, Osborn Maledon, Phoenix, AZ; the Blind as the official national source of 2323, a bill to provide for the conduct of Peter M. Marone, Director, Virginia textbooks and educational aids for legally carbon capture and storage technology Department of Forensic Science, Rich- blind students below college level through- research, development and demonstra- mond, VA; and Peter J. Neufeld, Co-Di- out the country, and Congress appropriates

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Federal funds to the American Printing sive records during the 2007 season including S. RES. 423 House for the Blind annually for this pur- 541 points scored, averaging 38.6 points per Whereas the USS Pueblo, which was at- pose; game and 6,152 yards in total offense; tacked and captured by the Navy of North Whereas, for 150 years, the American Whereas Craig Steltz was named first-team Korea on January 23, 1968, was the first ship Printing House for the Blind has identified All-American and led the Southeastern Con- of the United States Navy to be hijacked on the unique needs of people who are blind and ference in interceptions; the high seas by a foreign military force in visually impaired and has developed, pro- Whereas defensive tackle Glenn Dorsey more than 150 years; duced, and distributed educational materials was awarded the Bronko Nagurski Trophy, Whereas 1 member of the USS Pueblo crew, in Braille, large print, and enlarged print the Rotary Lombardi Trophy, the Outland Duane Hodges, was killed in the assault, throughout the United States; Trophy, and the Ronnie Lott Trophy, mak- while the other 82 crew members were held Whereas the American Printing House for ing him the most honored defensive player in in captivity, often under inhumane condi- the Blind serves more than 58,000 blind and Louisiana State University history; tions, for 11 months; visually impaired Americans each year; and Whereas quarterback Matt Flynn threw 21 Whereas the USS Pueblo, an intelligence Whereas the American Printing House for touchdown passes during the 2007 season, in- collection auxiliary vessel, was operating in the Blind each year attracts visitors from cluding a career-high record of 4 touchdowns international waters at the time of the cap- across the country and around the world to in the Bowl Championship Series national ture, and therefore did not violate the terri- learn about the history of the education of championship game; torial waters of North Korea; the blind and to exchange information on the Whereas running back Jacob Hester rushed Whereas the capture of the USS Pueblo re- evolving needs of the population it serves: for 1,103 yards during the 2007 season, scoring sulted in no reprisals against the Govern- Now, therefore, be it 12 touchdowns, and completed his collegiate ment or people of North Korea and no mili- Resolved, That the Senate— football career of 364 carries without fum- tary action at any time; and (1) honors the 150th anniversary of the es- bling or turning over the football; Whereas the USS Pueblo, though still the tablishment of the American Printing House Whereas Louisiana State University head property of the United States Navy, has been for the Blind in Louisville, Kentucky, and coach Les Miles has led the Tiger football retained by the Government of North Korea (2) recognizes the important role the Amer- program to 34 wins, 20 Southeastern Con- for 40 years, was subjected to exhibition in ican Printing House for the Blind has played ference victories, 14 wins over nationally the North Korean cities of Wonsan and in the education of blind and visually im- ranked opponents, and 3 double-digit win Hungham, and is now on display in paired students throughout the United seasons as head coach; and Pyongyang, the capital city of North Korea: States. Whereas Louisiana State University is the Now, therefore, be it f first team to win 2 Bowl Championship Se- Resolved, That the Senate— ries national championship titles, having (1) desires the return of the USS Pueblo to COMMENDING THE LSU TIGERS won 2 titles in 5 years: Now, therefore, be it the United States Navy; FOOTBALL TEAM Resolved, That the Senate— (2) would welcome the return of the USS (1) commends the Louisiana State Univer- Pueblo as a goodwill gesture from the North Mr. BROWN. Mr. President, I ask sity Tigers football team for winning the unanimous consent that the Senate Korean people to the American people; and 2007 Bowl Championship Series national (3) directs the Secretary of the Senate to proceed to the consideration of S. Res. championship game; transmit copies of this resolution to the 422, which was submitted earlier today. (2) recognizes the achievements of all the President, the Secretary of Defense, and the The ACTING PRESIDENT pro tem- players, coaches, and support staff who were Secretary of State. instrumental in helping the Louisiana State pore. The clerk will report. f The assistant legislative clerk read University football team during the 2007 as follows: football season; ELECTING LULA JOHNSON DAVIS (3) congratulates the citizens of Louisiana, SECRETARY FOR THE MAJORITY A resolution (S. Res. 422) commending the the Louisiana State University community, OF THE SENATE Louisiana State University Tigers football and fans of Tiger football; and team for winning the 2007 Bowl Champion- (4) requests the Secretary of the Senate to Mr. BROWN. Mr. President, I ask ship Series national championship game. transmit an enrolled copy of this resolution unanimous consent that the Senate There being no objection, the Senate to Louisiana State University for appro- proceed to the immediate consider- proceeded to consider the resolution. priate display. ation of S. Res. 424, which is at the Mr. BROWN. Mr. President, I ask Mr. BROWN. Mr. President, I regret I desk. unanimous consent that the resolution wasn’t standing here with the con- The ACTING PRESIDENT pro tem- be agreed to, the preamble be agreed gratulations of the Red Sox beating the pore. The clerk will report the resolu- to, and the motions to reconsider be Cleveland Indians earlier last year. tion by title. The assistant legislative clerk read laid on the table. f The ACTING PRESIDENT pro tem- as follows: SEEKING THE RETURN OF THE Resolved, That Lula Johnson Davis, of pore. Without objection, it is so or- USS ‘‘PUEBLO’’ dered. Maryland, be and she is hereby, elected Sec- retary for the Majority of the Senate. The resolution (S. Res. 422) was Mr. BROWN. Mr. President, I ask agreed to. unanimous consent that the Senate There being no objection, the Senate proceeded to consider the resolution. The preamble was agreed to. proceed to the consideration of S. Res. Mr. BROWN. Mr. President, I con- The resolution, with its preamble, 423, which was submitted earlier today. The ACTING PRESIDENT pro tem- gratulate the new appointee. reads as follows: pore. The clerk will report the resolu- I ask unanimous consent that the S. RES. 422 tion by title. resolution be agreed to, and the motion Whereas the Louisiana State University The assistant legislative clerk read to reconsider be laid upon the table. Tigers football team won the 2007 Bowl as follows: The ACTING PRESIDENT pro tem- Championship Series national championship A resolution (S. Res. 423) seeking the re- pore. Without objection, it is so or- game, defeating The Ohio State University turn of the USS Pueblo to the United States dered. by a score of 38 to 24 at the Louisiana Super- Navy. The resolution (S. Res. 424) was dome in New Orleans, Louisiana, on January agreed to. 7, 2008; There being no objection, the Senate Whereas the Louisiana State University proceeded to consider the resolution. f football team won the Southeastern Con- Mr. BROWN. Mr. President, I ask ORDERS FOR THURSDAY, ference Championship on December 1, 2007, unanimous consent that the resolution JANUARY 24, 2008 defeating the University of Tennessee by a be agreed to, the preamble be agreed score of 21 to 14 in the championship game at to, and the motion to reconsider be laid Mr. BROWN. Mr. President, I ask the Georgia Dome in Atlanta, Georgia; upon the table. unanimous consent that when the Sen- Whereas the Louisiana State University The ACTING PRESIDENT pro tem- ate completes its business today, it football team won 12 games during the 2007 stand adjourned until 9:30 a.m., Thurs- season; pore. Without objection, it is so or- dered. day, January 24; that on Thursday, fol- Whereas the Louisiana State University lowing the prayer and pledge, the Jour- football team won 7 games against nation- The resolution (S. Res. 423) was ally ranked opponents during the 2007 sea- agreed to. nal of proceedings be approved to date, son; The preamble was agreed to. the morning hour be deemed expired, Whereas the Louisiana State University The resolution, with its preamble, and the time for the two leaders be re- football team set a total of 12 school offen- reads as follows: served for their use later in the day,

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S216 CONGRESSIONAL RECORD — SENATE January 23, 2008 and the Senate then resume consider- times, maybe more, I know it has been these telephone companies is what ation of S. 2248, the FISA legislation. a number of times over the years. In mystifies me, concerns me deeply, be- The ACTING PRESIDENT pro tem- nearly every instance, almost unani- cause of the precedent-setting nature pore. Without objection, it is so or- mously amended to reflect the changes of it. dered. over the years and the sophistication There are those who would argue f of those who would do us harm or dam- that in order for us to be more secure, age, as well as our ability to more care- we must give up some rights, that you ORDER FOR ADJOURNMENT fully apprehend or listen in or gather have to make that choice. You cannot Mr. BROWN. Mr. President, if there information that could help us protect be secure, as we would like to be, if we is no further business, I ask unanimous our Nation from those who would do us are unwilling to give up these rights consent that following the remarks of great harm. and liberties. Mr. DODD, the senior Senator from That is a very brief history of this. I think this false dichotomy is dan- Connecticut, the Senate then stand ad- We are once again at a situation to try gerous. In fact, I think the opposite is journed under the previous order. and modernize and reflect the needs of true. In fact, if you protect these rights The ACTING PRESIDENT pro tem- our Nation. There is a tension that and liberties, that is what makes us pore. Without objection, it is so or- that exists between making sure we are more secure. Once you begin traveling dered. secure and safe and simultaneously down that slippery slope of deciding on The ACTING PRESIDENT pro tem- doing it in a manner in which we pro- this particular occasion we are going pore. The Senator from Connecticut. tect the basic rights of the American to walk away from these rights and f citizens. these liberties, once you begin that There has been this tension through- FISA process, it gets easier and easier to do. out our history. But we are a nation In this case, we are talking about Mr. DODD. Mr. President, let me grounded in rights and liberties. It is telecom companies. We are talking begin my remarks, I know tomorrow the history of our country. It is what about communications between private we are going to begin more formal de- made us unique as a people going back citizens, e-mails, faxes, phone con- bate on the FISA legislation. This is to more than two centuries. versations. Why not medical informa- be a continuation of the effort, for Over the years, we have faced very tion? Why not financial information? those who wonder what this is, this is significant challenges, both at home When is the next example going to the Foreign Intelligence Surveillance and abroad. So we have had a need to come up where companies that knew Act. This was the debate which was the provide for the means by which we col- better, not should have known better, last item of debate before the holiday lect data and information that would knew better, in my view. break back in mid-December. protect us, to make us aware of those One of the companies that may have The legislation was withdrawn and who would do us harm, and yet simul- complied with the Bush administra- was not completed. Senator ROCKE- taneously make sure that in the proc- tion’s request, in fact, was deeply in- FELLER, Senator BOND, the chairman ess of doing that, we do not abandon volved in the drafting of this legisla- and the ranking Republican, and mem- the rights and liberties we all share as tion in the 1970s, in putting the FISA bers of the Intelligence Committee, Americans. The Constitution does not bill together. This was not some first Senator LEAHY, Senator SPECTER, and belong to any political party. I have year law school student who did not members of the Judiciary Committee, said that over and over again. Cer- know the law of the land in terms of Republicans and Democrats have tainly today, as we debate these issues FISA, they knew the law, they under- worked on this legislation. involving the FISA legislation, I hope stood it. I wish to begin my comments by everyone understands very clearly my In fact, there are phone companies thanking them for their efforts on try- objections to the provisions of this bill that refused to comply with the re- ing to develop a piece of legislation have nothing to do whatsoever with quest of the Bush administration ab- that would reflect the realities of the important efforts to make it pos- sent a court order. Those companies today. sible for us to collect data that would said: Give us a court order, we will There has been some history of this keep us safe, but I feel passionately comply. Absent a court order, we will bill. My intention this evening is to that we not allow this vehicle, this not comply. spend some time talking about a sec- piece of legislation, to be used as a So there were companies that under- tion of this bill dealing with retro- means by which we reward behavior stood the differences when these re- active immunity, which my colleagues that violated the basic liberties of quests were made more than 5 years and others who followed this debate American citizens by granting retro- ago. know I spent some 10 hours on the floor active immunity to telecom companies So this was not a question of ‘‘every- of this body back in December express- that decided, for whatever reason, to body did it,’’ the same argument that ing strong opposition to that provision agree, at the Bush administration’s re- children bring to their parents from of this bill; not over the general thrust quest, to provide literally millions of time to time, or ‘‘we were ordered on of the bill. telephone conversations, e-mails, and high,’’ in what is known as the Nurem- The Foreign Intelligence Surveil- faxes, not for a month or 6 months or berg defense which asserts that there lance Act is critically important to our a year but for 5 years, in a concerted were those in higher positions who said country. It provides a means by which effort contrary to the law of our land. we ought to do this. That was the de- you can have a proper warrant ex- So that is what brings me to the fense given in 1945 at the Nuremberg tended or given out by governmental floor this evening. It is what brought trials by the 21 defendants who claimed authorities to collect data, informa- me to the floor of this body before the they were only obeying orders given by tion, critical to our security. holiday recess, talking and expressing Hitler. Though this situation before us For those who know the history of my strong opposition to those provi- is obviously enormously different, a this, it dates back to the 1970s as a re- sions of this legislation. There are similar argument, that the companies sult of the Church Committee’s efforts other concerns I would point out about were ordered to do this, defies logic and revealing some of the egregious activi- this bill that other Members will raise. the facts of this case. ties of the Nixon administration in lis- Senator FEINGOLD has strong objec- With that background and the his- tening in, eavesdropping, wiretapping, tions to certain provisions of this legis- tory of the FISA legislation—and there without any kind of court order, war- lation, others have other ideas I am are others who will provide more de- rant or legal authorities. confident have merit. tail—let me share some concerns about So the Congress, working in a bipar- But I commend Senator ROCKE- this particular area of the law. I will be tisan fashion, I think almost unani- FELLER and Senator BOND. They have utilizing whatever vehicles are avail- mously adopted the Foreign Intel- done the best job, in many ways, of able to me, including language I will ligence Surveillance Act in the late dealing with these sets of questions. offer to strike these provisions, to see 1970s. Since that time, this bill has But why in the world we decided we are to it that this bill does not go forward been amended I think some 30 or 40 going to grant retroactive immunity to with retroactive immunity as drafted

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S217 in the legislation included in the bill. I that this was going on. It would still be mestic spying will never see the light rise, in fact, in strong opposition to the going on today, despite the absence of of day. The book on our Government’s retroactive immunity provisions of the any court order, or a warrant being actions will be closed for good and Foreign Intelligence Surveillance Act granted by the FISA courts. There is a sealed and locked and handed over to as passed by the Intelligence Com- pattern of behavior that is going un- safekeeping of those few whom George mittee. I strongly support the Leahy checked, and behavior went on for Bush trusts to keep a secret. substitute to the current legislation. It more than 5 years. That is why I stand Over the next couple of days, I will is my hope the Senate adopts this im- here, because I am not going to tol- do my best to explain why retroactive portant measure. If it does, it will erate—at least this Member is not—ac- immunity is so dangerous and, con- solve this particular problem. However, cepting these abuses and granting ret- versely, why it is so important to I am concerned that, once again, we roactive immunity. It is, once again, a President Bush. But first it would be will return to a Foreign Intelligence walking away from this problem, invit- useful to consider the history of the Surveillance Act that will grant retro- ing even more of the same in the com- bill before us, as I did at the outset of active immunity to telecom compa- ing days. my remarks, and how it fits into the nies. It is alleged, of course, that the ad- history of the President’s warrantless As my colleagues know, I have ministration worked outside the law spying on Americans. strongly opposed retroactive immunity with giant telecom corporations to For years, President Bush allowed for the telecommunications companies compile Americans’ private domestic Americans to be spied on with no war- that may have violated the privacy of communications—in other words, a rant, no court order, and no oversight. millions of our fellow citizens. Last database of enormous scale and scope. The origins of this bill, the FISA month, I opposed retroactive immunity Those corporations are alleged to have Amendments Act, lie in the exposure of on the Senate floor for more than 10 spied secretly and without warrant on that spying in 2005. hours. The bill was withdrawn that their own American customers. That year, the New York Times re- day, but I am concerned that tomorrow Here is only one of the most egre- vealed President Bush’s ongoing abuse retroactive immunity will return, and I gious examples. According to the Elec- of power. To quote from that investiga- am prepared to fight it again. tronic Frontier Foundation: tion: Since last month, little has changed. Clear, first-hand whistleblower documen- Under a presidential order signed in 2002, Retroactive immunity is as dangerous tary evidence [states] . . . that for year on the National Security Agency has monitored to American civil liberties as it was end every e-mail, every text message, every the international telephone calls and inter- last month, and my opposition to it is phone call carried over the massive fiber- national e-mail messages of hundreds, per- just as passionate. The last 6 years optic links of sixteen separate companies haps thousands of people inside the United have seen the President—the Bush ad- routed through AT&T’s Internet hub in San States without warrants over the past 3 Francisco—hundreds of millions of private, years. ministration’s pattern of continual domestic communications—have been . . . abuses against civil liberties. In fact, we later learned that the copied in their entirety by AT&T and know- President’s warrantless spying was au- Again, if this were the first instance ingly diverted wholesale by means of mul- and it went on for a few months, a tiple ‘‘splitters’’ into a secret room con- thorized as early as 2001. Disgraced year, these companies acquiescing to trolled exclusively by the NSA. former Attorney General Alberto an administration’s request, an admin- Those are not my words; those are Gonzales, in a 2006 white paper, at- istration that had made it its business the words of the Electronic Frontier tempted to justify that spying. His ar- to protect the basic liberties of Ameri- Foundation. To me, those facts speak gument rested on the specious claim cans throughout its terms in office, I clearly. If true, they represent an out- that in authorizing the President to go would not be standing here. I am not so rage against privacy, a massive be- to war in Afghanistan, Congress had rigid, so doctrinaire that I am unwill- trayal of trust. also somehow authorized the President ing to accept that at times of emer- I know many see this differently. No to listen in on the phone calls of Amer- gency such as in the wake of 9/11, you doubt they do so in good faith. They icans. But many of those who voted on might have such a request being made find the telecoms’ actions defensible the original authorization of force by an administration—not that I think and legally justified. To them, immu- found this claim to new Executive pow- it is right, but it could happen. I would nity is a fitting defense for companies ers to be laughable. say if it did and a handful of companies that were only doing their patriotic Here is what former majority leader for a few months or a year, even, com- duty. Perhaps they are right. I think Tom Daschle wrote at the time or plied with it and went forward, I otherwise, but I am willing to concede shortly thereafter: wouldn’t be happy about it, but I would they may be right. As Senate majority leader . . . I helped ne- understand it. But that is not what But the President and his supporters gotiate that law with the White House coun- happened here. That is not what this need to prove far more than that. I sel’s office over two harried days. I can state categorically that the subject of warrantless administration has been involved in. think they need to show that they are wiretaps of American citizens never came up. From Guantanamo, from Abu Ghraib, so right and that our case is so far be- . . . I am also confident that the 98 senators from rendition, secret prisons, habeas yond the pale that no court ever need who voted in favor of authorization of force corpus, torture, a scandal involving the settle the argument, that we can shut against al Qaeda did not believe that they Attorney General’s Office, the U.S. at- down the argument here and now. That were also voting for warrantless domestic torneys offices around the country— is what this will do. It will shut down surveillance. how many examples do you need to this argument, and we will never, ever Such claims to expand Executive have? How many do we have to learn know what data was collected, why, power based on the authorization for about to finally understand that we who ordered this, who was responsible, military force have since been struck have an administration regrettably if we grant retroactive immunity. down by the courts. that just doesn’t seem to understand Retroactive immunity shuts the Recently, the administration has the importance of the rule of law, the courthouse door for good. It settles the changed its argument, now grounding basic rights and liberties of the Amer- issue with politicians, not with judges its warrantless surveillance power in ican public? and jurist, and it puts Americans per- the extremely nebulous authority of My concern is that we had a pattern manently in the dark on this issue. Did the President to defend the country of behavior, almost nonstop, going on the telecoms break the law? I have my that they find in the Constitution. Of some 6 years and still apparently ongo- own strong views on this but, candidly, course, that begs the question, exactly ing today. Then add that to the fact I don’t know. That is what courts exist what doesn’t fit in under defending the that this collection of data, this collec- for. Pass immunity, and we will never country? If we take the President at tion of information went on not for 6 know the answer to that question. The his word, we would concede to him months or a year but for 5 long years President’s favorite corporations will nearly unlimited power, power that be- and would have continued, had there be unchallenged. Their arguments will longs in this case in the hands of our not been a story in the media which never be heard in a court of law. The courts. Congress has worked to bring uncovered, through a whistleblower, truth behind this unprecedented do- the President’s surveillance program

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S218 CONGRESSIONAL RECORD — SENATE January 23, 2008 back where it belongs—under the rule I will veto the bill. And the committee It is a universal truth that the loss of lib- of law. At the same time, we have went along. Senator NELSON of Florida erty at home is to be charged to the provi- worked to modernize FISA and ease re- offered an amendment to strip that im- sions against danger . . . from abroad. strictions on terrorist surveillance. munity and instead allow the matter That is from James Madison, the fa- The Protect America Act, a bill at- to be settled in the courts. It failed on ther of our Constitution. He made that tempting to respond to the two- a 3-to-12 vote in committee. As it prediction more than two centuries pronged challenge—poorly, in my passed out of the Intelligence Com- ago. If we pass immunity, and put our view—passed in August. But it is set to mittee by a vote of 13 to 2, the bill still President’s word above the courts and expire this coming February. The bill put corporations literally above the witnesses and evidence and delibera- now before us would create a legal re- law and assured that the President’s tions, we bring that prophecy a step gime for surveillance under reworked invasion of privacy would remain a se- closer to coming true. and more reasonable rules. cret. I repeat it again: But crucially, President Bush has de- At that time, I made public my It is a universal truth that the loss of lib- manded that this bill include full ret- strong objections on immunity, but the erty at home is to be charged to the provi- sions against danger . . . from abroad. roactive immunity for corporations bill also had to pass through the Judi- complicit in domestic spying. In a ciary Committee. Through an open and James Madison. So that is the deeper issue behind speech on September 19, he stated that transparent process, the Judiciary this bill. That is the source of my pas- ‘‘it’s particularly important for Con- Committee amended several provisions sion, if you will. I reject President gress to provide meaningful liability relating to title I and reported out a Bush’s ‘‘trust me’’ because I have seen protection to those companies.’’ In Oc- bill lacking the egregious immunity what we get when we accept it. tober, he stiffened his demand, vowing provisions. However, I am still con- to veto any bill that did not shield the I go back and mention just the maze, cerned that when Senator FEINGOLD the list of egregious violations of the telecom corporations. And last month, proposed an amendment to strip immu- rule of law over the last 6 years. With he resorted to shameful, misleading nity for good, it failed by a vote of 7 to that aside, were this a Democratic ad- scare tactics, accusing Congress of fail- 12 in the committee. ministration that would suggest this, I ing ‘‘to keep the American people So here we are, facing a final decision would be as passionate about it, not be- safe.’’ That is absolutely outrageous. on whether the telecommunications cause I distrust them necessarily but An American President, at a time when companies will get off the hook for because once we succumb to the pas- there are serious threats and reliable good without us ever knowing any- sions or the desires of the rule of men information that the threat still per- thing more about it, because if you over the rule of law, then we trade off sists, an American President is saying: grant immunity, that is it. We will the most important fundamental es- Despite your efforts to modernize FISA never learn anything else. The Presi- sence of who we are as a people. by providing the additional tools we dent is as intent as ever he was on We are a nation of laws and not men. need for proper surveillance on ter- making that happen. He wants immu- How many times have we heard that? rorist activities, I will veto this bill, I nity back in this bill at all costs, in- You learn that in your first week of will deny you this legislation, if you cluding a willingness to veto very im- constitutional law. You learn in your don’t provide protection for a handful portant legislation, without the mean- American history class as a high school of corporations that violated the law. ingful provisions of this bill that would student the importance of the rule of That is an incredible admission, the provide this country with the kind of law. If we walk away from that, then, fact that he is willing to lose all of the protection and security we ought to of course, we walk away from who we efforts we are making to modernize have. He is willing to lose all of that. are as a people. FISA in order to grant retroactive im- He is willing to trade off all of that to After all of that, President Bush, of munity so you are not in a court of give a handful of corporations immu- course, comes to us in all innocence law. Who is putting the country at nity. and begs, once again: Trust me. He greater risk? That is what the debate is What he is truly offering is secrecy in means it literally. Here in the world’s about. That is what the President has place of openness. Fiat in place of law. greatest deliberative body only a small said. He will veto the bill if we don’t And in place of the forthright argu- handful of Senators know even the provide protection for a handful of cor- ment of judicial deliberation that barest facts; only a tiny minority of us porations that, for 5 long years, when ought to be this country’s pride, there have even seen the classified docu- their legal departments knew exactly are two simple words he offers: Trust ments that explain exactly what the what the law was—AT&T was involved me. telecoms have done, exactly what ac- in the drafting of the FISA legislation I would never take that offer, not tions we are asked to make legally dis- in 1978. How can that company possibly even from a perfect President. Because appear. claim they didn’t know what the law of in a republic, power was made to be I have been a Member of this body for the land was when it came to FISA, shared; because power must be bound over a quarter of a century. I am a sen- going before the secret FISA courts, by firm laws, not the whims of whom- ior member of the Foreign Relations getting those warrants to allow for the ever happens to sit in the Executive Committee. I have no right to see this? Government to go in and do the proper chair; because only two things make As a Member of this body, as a senior surveillance and grant the immunity the difference between a President and member of the Foreign Relations Com- that these companies would receive a king—the oversight of the legislative mittee, I am prohibited. Only the ad- under that kind of a situation. To body, and the rulings of the courts. ministration can see this and one or avoid that court altogether was wrong. It is why our Founders formed this two people here who are granted the For 5 long years, they did that. Government the way they did, with right to actually see and understand Now the President says: I don’t care three branches of government co- what went on. what Jay Rockefeller or what Kit Bond equally sharing the powers to govern. So we are being asked as a body to or what the Intelligence Committee Each is a check on the other. That is blindly grant this immunity, take this has done to modernize FISA. If you what the Founders had been through: issue away entirely so no one can ever don’t give me those protections I want the absence of that. learn anything more about 5 long years for those handful of corporations, then ‘‘Trust me.’’ Those two small words of millions—millions—of Americans, you are not going to get this bill that bridge the entire gap between the rule with their private phone conversations, modernizes the surveillance on ter- of law and the rule of men, and it is a their faxes, and e-mails. Every word ut- rorist activity. dangerous irony that when we need the tered is now being held and kept. And The very same month, the FISA rule of law the most, the rule of men is this administration knows it. The peo- Amendments Act came before the Sen- at its most seductive. ple in charge of it know it. And we ate Select Committee on Intelligence. It is a universal truth that the loss of lib- want to find out why this happened, Per the President’s demand, it included erty at home is to be charged to the provi- who ordered this, who provided this. If full retroactive immunity for the sions against danger . . . from abroad. we grant this immunity, we will never telecom corporations. Don’t give me it, Let me repeat that. know the answers to those questions.

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S219 So as far as the rest of us—we are fly- you want to veto this bill, go ahead. NOMINATIONS ing blind. And in that state of blind- You veto it because you did not get Executive nominations received by ness, we can only offer one kind of your corporations’ immunity. You ex- the Senate: oversight. The President’s favorite plain that to the American public, why DEPARTMENT OF DEFENSE kind: the token kind. And here, in the we did not have the tools available ANITA K. BLAIR, OF VIRGINIA, TO BE AN ASSISTANT dark, we are expected to grant Presi- that kept America safe from those who SECRETARY OF THE NAVY, VICE WILLIAM A. NAVAS, JR., dent Bush’s wish. Because, of course, would do us harm—because a handful RESIGNED. he knows best. Does that sound famil- of corporations decided to violate the DEPARTMENT OF STATE iar to any of my colleagues? law, in my view, and did so because the MARGARET SCOBEY, OF TENNESSEE, A CAREER MEM- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- In 2002, we took the President’s word Bush administration asked them to do ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- and faulty intelligence on weapons of that. You are going to veto this bill to DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE ARAB REPUBLIC OF EGYPT. mass destruction, and we mistakenly deny us those tools that our intel- D. KATHLEEN STEPHENS, OF MONTANA, A CAREER approved what has become the disaster ligence communities ought to have to MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- in Iraq. protect American citizens at a dan- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES Is history repeating itself in a small gerous time. You make that decision. OF AMERICA TO THE REPUBLIC OF KOREA. way today? Are we about to blindly le- So when this debate continues to- DEPARTMENT OF JUSTICE galize gravely serious crimes? morrow, I will offer some additional STEVEN G. BRADBURY, OF MARYLAND, TO BE AN AS- SISTANT ATTORNEY GENERAL, VICE JACK LANDMAN If we have learned anything—if we thoughts in support of the Leahy GOLDSMITH III, RESIGNED. have learned anything at all—it must amendment. I will be offering my own IN THE AIR FORCE be this: Great decisions must be built amendment, to strike retroactive im- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT on equally strong foundations of fact. munity, and I will be considering other IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- Of course, we are not voting to go to amendments along the way. CATED UNDER TITLE 10, U.S.C., SECTION 624: war today. Today’s issue is not nearly If all of that fails, then I will engage To be major general as immense, I would argue. But one in the historic rights reserved in this BRIG. GEN. CECIL R. RICHARDSON, 0000 thing is as huge as it was in 2002; and body for individual Members to talk THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- that is, the yawning gap between what for a while, to talk about the rule of CATED UNDER TITLE 10, U.S.C., SECTION 12203: we know and what we are asked to do. law, and to talk about the importance To be brigadier general So I stand again and oppose this im- of it. I do not think I have ever done COL. ROBERT G. KENNY munity—wrong in itself, grievously this before. I have been here a long THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT wrong, I would add, in what it rep- time, and I rarely engage in such ac- IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- resents: contempt for debate, contempt tivities. I respect those who have. CATED UNDER TITLE 10, U.S.C., SECTION 12203: for the courts, and contempt for the The Founders of this wonderful insti- To be brigadier general rule of law. As I did in December, I will tution granted the rights of individual COL. DANIEL P. GILLEN, 0000 COL. MICHAEL J. YASZEMSKI, 0000 speak against that contempt as strong- Senators to be significant, including ly as I can. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT the power of one Senator to be able to IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- So I will reserve further debate and hold the floor on an important matter CATED UNDER TITLE 10, U.S.C., SECTION 12203: discussion for tomorrow, as we go for- about which they care deeply. I care To be major general ward with this. I say this respectfully deeply about this issue. I think all of BRIGADIER GENERAL ROBERT B. BARTLETT, 0000 to my colleagues. I do not know if a BRIGADIER GENERAL THOMAS R. COON, 0000 my colleagues do. I just hope they will BRIGADIER GENERAL JAMES F. JACKSON, 0000 cloture motion will be filed or not, but care enough about it to see to it this BRIGADIER GENERAL BRIAN P. MEENAN, 0000 I hope there will be enough people who BRIGADIER GENERAL CHARLES E. REED, JR., 0000 bill does not go forward with the prece- BRIGADIER GENERAL JAMES T. RUBEOR, 0000 will join me. dent-setting nature of granting immu- This bill can go forward without this THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT nity in this case. It is not warranted. It IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- immunity in it. And it ought to go for- is not deserved. It was not a minor mis- CATED UNDER TITLE 10, U.S.C., SECTION 12203: ward. There are some amendments that take over a brief period of time. To be brigadier general will be offered, some of which I will There is a pattern of behavior, and it COLONEL ROBERT S. ARTHUR, 0000 support. There are ideas to improve on COLONEL GARY M. BATINICH, 0000 went on for too long, and it would still COLONEL RICHARD S. HADDAD, 0000 the FISA provisions of the bill to see to go on if it had not been for a report COLONEL KEITH D. KRIES, 0000 it that the Foreign Intelligence Sur- COLONEL MURIEL R. MCCARTHY, 0000 done by a newspaper and a whistle- COLONEL DAVID S. POST, 0000 veillance Act will do exactly what we blower who stood up within the phone COLONEL PATRICIA A. QUISENBERRY, 0000 want it to do: to allow us to get that company, who had the courage to say COLONEL ROBERT D. REGO, 0000 surveillance on those who would do us COLONEL PAUL L. SAMPSON, 0000 this was wrong, or we would still be en- IN THE MARINE CORPS harm and simultaneously make sure gaged in these practices today. that basic liberties are going to be pro- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT I think we as a body—Democrats and IN THE UNITED STATES MARINE CORPS TO THE GRADE tected. Republicans—need to say to this ad- INDICATED UNDER TITLE 10, U.S.C., SECTION 624: But I will do everything in my power, ministration, and all future adminis- To be major general to the extent that any one Member of trations, that you are not going to step BRIGADIER GENERAL RANDOLPH D. ALLES, 0000 this body can, to see to it we do not go BRIGADIER GENERAL JOSEPH F. DUNFORD, JR., 0000 all over the liberties and rights of BRIGADIER GENERAL ANTHONY L. JACKSON, 0000 forward in the provision of this bill American citizens in the name of secu- BRIGADIER GENERAL PAUL E. LEFEBVRE, 0000 that grants retroactive immunity for BRIGADIER GENERAL RICHARD P. MILLS, 0000 rity. That is a false choice, and we are BRIGADIER GENERAL ROBERT E. MILSTEAD, JR., 0000 the egregious misbehavior, to put it not going to tolerate that and set the BRIGADIER GENERAL MARTIN POST, 0000 mildly, that went on here. precedent tonight or tomorrow by BRIGADIER GENERAL MICHAEL R. REGNER, 0000 The courts may prove otherwise. I do BRIGADIER GENERAL MELVIN G. SPIESE, 0000 agreeing to such a grant of immunity IN THE AIR FORCE not know. Maybe someone will prove in this bill. what they did turned out to be legally THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mr. President, I appreciate the pa- AS DIRECTOR OF ADMISSIONS AT THE UNITED STATES correct. But we are never going to tience of the Chair and yield the floor. AIR FORCE ACADEMY IN THE GRADE INDICATED UNDER know that if we, as a body—Democrats TITLE 10, U.S.C., SECTIONS 9333 (C) AND 9336 (B): and Republicans—walk away from the f To be colonel rule of law and deny the courts of this CHEVALIER P. CLEAVES, 0000 ADJOURNMENT UNTIL 9:30 A.M. land which have the ability to do this. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TOMORROW TO THE GRADE INDICATED IN THE RESERVE OF THE AIR The argument that you cannot rely on FORCE UNDER TITLE 10, U.S.C., SECTION 12203: the courts to engage in a deliberation The ACTING PRESIDENT pro tem- To be colonel involving information that should be pore. Under the previous order, the JAWN M. SISCHO, 0000 held secret is wrong. We have done it Senate stands adjourned until 9:30 a.m. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT on thousands of cases over the years, tomorrow. TO THE GRADE INDICATED IN THE RESERVE OF THE AIR and we can do it here. Thereupon, the Senate, at 7:39 p.m., FORCE UNDER TITLE 10, U.S.C., SECTION 12203: So I hope there will be those who will adjourned until Thursday, January 24, To be colonel join me in saying to the President: If 2008, at 9:30 a.m. JOAQUIN SARIEGO, 0000

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THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT VINCENT EMANUEL BUGEJA, 0000 MARLA A. SANDMAN, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR CORDEL BULLOCK, 0000 ANNETTE M. SANKS, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: KENNETH C. BUNTING, 0000 JAMES F. SCULERATI, 0000 CHRISTOPHER KELLY CAUDILL, 0000 ANTHONY J. SEELY, 0000 To be colonel WALID TONY CHEBLI, 0000 ROBERT HARDING SHEPHERD, 0000 JOHN A. CALCATERRA, JR., 0000 MARK W. CLEMENTS, 0000 EDWARD J. SLOSKY, 0000 MARK G. CONNOLLY, 0000 KATHLEEN M. CRONIN, 0000 BRIAN D. SPINO, 0000 JAMES N. COOMBES II, 0000 DAVID K. GOLDBLUM, 0000 PAUL E. SPRENKLE, JR., 0000 CHRISTINE VOSS COPP, 0000 MARIA D. RODRIGUEZRODRIGUEZ, 0000 ROBERT A. STRAW, 0000 AMY LYNN WIMMER COX, 0000 MATTHEW D. SWANSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THOMAS DANIELSON, 0000 MARK E. SWINEY, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR ANTHONY F. DESIMONE, 0000 FREDERICK J. TANIS, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: KIM P. DICKIE, 0000 NEVIN J. TAYLOR, 0000 JAMES F. DIFRANCESCO, 0000 CRAIG A. THOMAS, 0000 To be colonel JOHN G. DORTONA, 0000 JOHN W. THOMPSON, 0000 JEFFREY M. DRAKE, 0000 JERRY ALAN ARENDS, 0000 RALPH THOMPSON, JR., 0000 DOUGLAS K. DUNBAR, 0000 ROBERT K. THOMPSON, 0000 CRAIG LYNN GORLEY, 0000 SCOTT W. ELDER, 0000 BILLY L. LITTLE, JR., 0000 JON W. THORELL, 0000 JEFFERY E. ELLIOTT, 0000 KENT A. TOPPERT, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM B. FEATHERSTON, 0000 PETER B. TRAINER, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR JOHN R. FLODEN, 0000 KEVIN B. TRAYER, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: JOSEPH J. FRAUNDORFER, 0000 JOHN N. TREE, 0000 GEORGE W. FRAZIER, JR., 0000 JENNIFER LYNN TRIPLETT, 0000 To be colonel JAMES WALTER FRYER, 0000 TAMI F. TURNER, 0000 JOHN S. FUJITA, 0000 MATT A. TYYKILA, 0000 DONNIE W. BETHEL, 0000 FREDERICK H. FUNK, 0000 ERIC D. VANDER LINDEN, 0000 JAMES C. CAINE, 0000 MICHAEL A. GERMAIN, 0000 AARON G. VANGELISTI, 0000 DEREK KAZUYOSHI HIROHATA, 0000 QUINTON L. GLENN, 0000 MARK D. VIJUMS, 0000 DONNA R. HOLCOMBE, 0000 CHRISTIE I. GRAVES, 0000 ARTHUR C. WEBER, JR., 0000 MITCHEL NEUROCK, 0000 JOHN E. GREAUD III, 0000 JUDY ANN WEHKING, 0000 WILLIAM B. HARRIS III, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEVEN R. WHITE, 0000 PAUL L. HASTERT, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR JOE N. WILBURN, 0000 AMAND F. HECK, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: DELBERT R. WILLIAMSON, 0000 THOMAS K. HENDERSON, JR., 0000 DEDRA K. WITHAM, 0000 To be colonel FARRIS C. HILL, 0000 JOHN J. HOFF, JR., 0000 CYNTHIA A. WONG, 0000 PAUL A. ABSON, 0000 STEPHEN M. HOOGASIAN, 0000 GLENN K. YOUNG, 0000 WILLIAM H. BAILEY, 0000 ARTHUR R. HOPKINS III, 0000 JAMES A. ZIETLOW, 0000 GEORGE Z. FRIEDMAN, JR., 0000 RICHARD L. HUGHEY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KENNETH TAMOTSU FURUKAWA, 0000 JAMES B. HURLEY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR MATTHEW R. GEE, 0000 CONNIE C. HUTCHINSON, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: ISMAIL HALABI, 0000 ALAN R. ISROW, 0000 ERIC T. IFUNE, 0000 JOSEPH J. JACZINSKI, 0000 To be lieutenant general BRUCE K. NEELY, 0000 JAY D. JENSEN, 0000 LAURENCE M. NELSON, JR., 0000 ANDREW A. JILLIONS, 0000 AZAD Y. KEVAL, 0000 CRAIG D. SILVERTON, 0000 GEORGE E. JOHNSON, JR., 0000 TROY L. SULLIVAN III, 0000 PHILIP A. SWEET, 0000 KATHRYN JANE JOHNSON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID J. JURAS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES AIR KEVIN L. KALLSEN, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE RESERVE OF THE AIR KATHRYN ADELE KARR, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: TIMOTHY P. KELLY, 0000 To be lieutenant colonel RICHARD L. KEMBLE, 0000 To be colonel LANCE A. AVERY, 0000 THOMAS D. KING, 0000 MARI L. ARCHER, 0000 WALTER G. KLEPONIS, 0000 THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- ELIZABETH J. BRIDGES, 0000 REUBEN P. KNOX, 0000 MENT IN THE GRADES INDICATED IN THE REGULAR AIR PATRICIA A. BRUNNER, 0000 THOMAS M. KNOX, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): ADELE CHRISTINE HILL, 0000 MICHAEL P. KOZAK, 0000 CYNTHIA D. LINKES, 0000 CHRISTOPHER DAVID KREIG, 0000 To be colonel JACQUELINE A. PAYNE, 0000 TIMOTHY W. LAMB, 0000 BILLY R. MORGAN, 0000 CHERIE L. ROBERTS, 0000 WESLEY S. LASHBROOK, 0000 TAMI R. ROUGEAU, 0000 RUTH LATHAM, 0000 To be lieutenant colonel PAULETTE R. SCHANK, 0000 MARCIA MARIE LEDLOW, 0000 DONALD G. SMITH, JR., 0000 PAMELA J. LINCOLN, 0000 MILTON M. ONG, 0000 MARTHA P. SOPER, 0000 MARK LEWIS LOEBEN, 0000 FRANCISCO J. REY, 0000 LAUREL A. STOCKS, 0000 BRETT A. LOYD, 0000 To be major KAREN A. WINTER, 0000 ALBERT V. LUPENSKI, 0000 GILBERT W. WOLFE, 0000 JEFFREY L. MACRANDER, 0000 JOSEPH R. LOWE, 0000 KEVIN W. MAHAFFEY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BLAKE C. MAHAN, 0000 THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- TO THE GRADE INDICATED IN THE RESERVE OF THE AIR JEAN M. MAHAN, 0000 MENT IN THE GRADE INDICATED IN THE REGULAR AIR FORCE UNDER TITLE 10, U.S.C., SECTION 12203: MICHAEL F. MAHON, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): To be colonel MICHAEL K. MAJOR, 0000 To be major WILLIAM J. MARTIN, 0000 WILLIAM A. BEYERS III, 0000 JOSEPH Q. MARTINELLI, 0000 INAAM A. PEDALINO, 0000 SCOTT E. SAYRE, 0000 CHRISTINE D. MATTHEWS, 0000 DEAN H. WHITMAN, 0000 TODD J. MCCUBBIN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROSS A. ZIEGLER, 0000 JAMES F. MCDONNELL, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR JEFFREY J. MCGALLIARD, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM C. MCGOWAN, 0000 To be major TO THE GRADE INDICATED IN THE RESERVE OF THE AIR DALE A. MILLER, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: JAMES N. MILLER, 0000 DEMEA A. ALDERMAN, 0000 To be colonel DEBRA M. MILLETT, 0000 ERICKA R. ALEXANDER, 0000 MYRA S. MILLS, 0000 ELBERT R. ALFORD IV, 0000 ROBERT R. CANNON, 0000 STEPHEN E. MITTUCH, 0000 DAVID R. ANDREWS, 0000 WILLIAM THOMAS EVANS, 0000 BONNIE B. MORRILL, 0000 GREGORY T. BALDWIN, 0000 DAVID C. FULTON, 0000 SUSAN E. MORRIS, 0000 ANGELA M. BLACKWELL, 0000 THOMAS MALEKJONES, 0000 ROBERT S. MORTENSEN, 0000 DAVID W. BRIDGES, 0000 DAVID GERARD REESON, 0000 RUSSELL A. MUNCY, 0000 FELICIA L. BURKS, 0000 LYLE E. VON SEGGERN, 0000 MERRILL M. MURPHY, 0000 PEDRO BURTONTAYLOR, 0000 JEFFREY S. NAVIAUX, 0000 LYNNE M. BUSSIE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT J. NORDBERG II, 0000 CHARLES F. CAMBRON, JR., 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR TISH ANN NORMAN, 0000 ASHWIN A. CHAND, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 12203: TIMOTHY E. OBRIEN, 0000 GREGORY W. CHAPMAN, 0000 To be colonel GENE M. ODOM, 0000 MARK S. CHOJNACKI, 0000 THEODORE E. OSOWSKI, 0000 TIMOTHY J. CHRISTISON, 0000 VITO EMIL ADDABBO, 0000 JON E. OSTERTAG, 0000 GREGORY A. COLEMAN, 0000 JOE TODD ALBRIGHT, 0000 DOUGLAS C. OTTO, JR., 0000 ROBERT A. CORBY, 0000 JAMES M. ALLMAN, 0000 MARK H. PANTONE, 0000 MARK E. CRUISE, 0000 ROBERT D. AMENT, 0000 STEVEN B. PARKER, 0000 MELISSA M. CURRERILEVESQUE, 0000 FRANK LOUIS AMODEO, 0000 SCOTT E. PATNODE, 0000 TANYA M. DEAR, 0000 YVETTE R. ANDERSON, 0000 DAVID P. PAVEY, 0000 NATHANIEL R. DECKER, 0000 MARYANN P. ANTE AMBURGEY, 0000 JEFFREY T. PENNINGTON, 0000 JACQUELINE DENT, 0000 ELIZABETH E. ARLEDGE, 0000 FREDDIE D. PERALTA, 0000 CHARLES V. DIBELLO, 0000 PATRICK ASSAYAG, 0000 PERRY A. PETER, 0000 TROY M. DILLON, 0000 TIMOTHY W. BALDWIN, 0000 WAYNE R. PIERINGER, 0000 MICHAEL D. DINKINS, 0000 THOMAS P. BALL III, 0000 ALLEN B. PIERSON III, 0000 JEFFREY A. EYINK, 0000 MAUREEN G. BANAVIGE, 0000 MICHAEL G. POPOVICH, 0000 THOMAS S. FARMER, 0000 KATHLEEN T. BARRISH, 0000 DAVID C. POST, 0000 DEAN K. FARREY, 0000 JOSEPH H. BATTAGLIA II, 0000 CLARICE G. PRESTON, 0000 SAMUEL R. GONZALES, 0000 AHMED ALSAYE BEERMANNAHMED, 0000 MICHAEL L. RISCHAR, 0000 DOLPHIS Z. HALL, 0000 RENE L. BERGERON, 0000 MICHAEL R. ROBERDS, 0000 TERESA M. HEATH, 0000 PHILLIP E. BINGMAN, 0000 JAMES M. ROBISON, 0000 RACHELLE A. HEBERT, 0000 CRAIG A. BOGAN, 0000 SEBASTIAN ROMEO, 0000 ALISHA N. HENNING, 0000 ROBERT STUART BOSTON, 0000 MARK A. ROSS, 0000 TEOFILO A. HENRIQUEZ, 0000 ERIC W. BRANDES, 0000 VINCENT N. ROSS, 0000 LAURA J. HURST, 0000 DAWN M. BROTHERTON, 0000 ROBERT C. RUSNAK, 0000 TRAVIS J. INGRODI, 0000 TIMOTHY DAVID BROWN, 0000 PATRICK H. RYAN, 0000 DONALD E. KOTULAN, 0000

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VICTORIA LIA, 0000 SCOTT E. OLSON, 0000 KATHY E. MARTIN, 0000 CHARLES E. MAREK, JR., 0000 ANTHONY G. PERRY, 0000 MA ADELVER Q. MARTIN, 0000 CHESTER L. MARTIN, 0000 RAMESH PERSAUD, 0000 KRISTEN R. MCCABE, 0000 LEE M. NENORTAS, 0000 JOANNA L. RENTES, 0000 MICHAEL J. MCCARTHY, 0000 JOAN H. NEWBERNE, 0000 BRADLEY S. REYMAN, 0000 JERRY L. MCCARTNEY, 0000 LAURIE V. PETERS, 0000 VAN G. ROBERTS, 0000 JULIE K. MILLER, 0000 MARK D. REYNOLDS, 0000 MOCHA L. ROBINSON, 0000 NANCY L. MILLER, 0000 STEPHANIE K. RYDER, 0000 ETHIEL RODRIGUEZ, 0000 GEOFFREY J. MITTELSTEADT, 0000 KEVIN M. SCHULTZ, 0000 MATTHEW W. SAKAL, 0000 RUTH A. MONSANTOWILLIAMS, 0000 VIRGIL L. SCOTT, 0000 FERNANDO SANTANA, 0000 SHARON F. MOSS, 0000 DENISE SEATON, 0000 XIOMARA SANTANA, 0000 KATHLEEN A. MYERS, 0000 ANTHONY L. SHAVER, JR., 0000 ERIC J. SAWVEL, 0000 LISA G. ODOM, 0000 GERALD I. SMITH, JR., 0000 LISA M. SELTHON, 0000 SUSAN M. PARDAWATTERS, 0000 TIMOTHY W. SMITH, 0000 ROBERT J. SHAPIRO, 0000 TERRY L. PARTHEMORE II, 0000 JAY B. SNODGRASS, 0000 DANIEL A. SHAW, 0000 LUIS E. PEREZ, 0000 DANIEL T. STERNEMANN, 0000 KATHRYN B. SHAW, 0000 MICHAEL A. POWELL, 0000 DOUGLAS E. STEVENS, 0000 JENNIE S. SHEFFIELD, 0000 SCOTT D. POYNTER, 0000 MARY E. STEWART, 0000 JOHN E. SIMONS, 0000 TONYA M. PRESSLEY, 0000 TRACIE L. SWINGLE, 0000 ANTHONY J. SPENCER, 0000 MARK A. PRILIK, 0000 MICHAEL D. TAPLIN, 0000 SCOTT W. STEIGERWALD, 0000 KRISTINE M. RATLIFF, 0000 TRACIE G. TATE, 0000 TIMOTHY W. STOUT, 0000 KIMBERLY D. REED, 0000 JENNIFER M. THERIAULT, 0000 DENNIS P. TANSLEY, 0000 JASON N. RICHARD, 0000 PAMELA D. TOWNSENDATKINS, 0000 LEONARDO E. TATO, 0000 DONALD G. RUCH, 0000 KEITH L. WAID, 0000 MARK A. TAYLOR, 0000 MARIA R. SACCO, 0000 PHILIP H. WANG, 0000 TROY P. TODD, 0000 JOSE E. SANCHEZ, 0000 TERRY R. VANWORMER, 0000 YVETTE M. SANCHEZ, 0000 THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- CAROL A. WEST, 0000 GARY L. SCHOFIELD, JR., 0000 MENT IN THE GRADE INDICATED IN THE REGULAR AIR JANET I. WEST, 0000 RICKY L. SCHOTT, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): ROBBIE L. WHEELER, 0000 SHELLEY A. SHELTON, 0000 IAN P. WIECHERT, 0000 To be major KELLY S. SIMPSON, 0000 KRISTI P. WIECHERT, 0000 TANIA R. SIMS, 0000 THERESA D. CLARK, 0000 CHRISTOPHER M. WILCOX, 0000 WALTER SINGH, 0000 JOSEPH A. WILLIAMS, 0000 VONNITA SNELL, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CLAYTON D. WILSON III, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR RANDAL A. SNOOTS, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JENNY P. SPAHR, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR NEAL A. STINE, 0000 To be major FORCE UNDER TITLE 10, U.S.C., SECTION 624: AMY L. SWARTHOUT, 0000 LEE E. ACKLEY, 0000 To be major STEVE J. SZULBORSKI, 0000 DONNATA H. ANTOINE, 0000 DONNA C. TEW, 0000 ALVIN F. BARBER, JR., 0000 SAID R. ACOSTA, 0000 WILLIAM E. THOMS, JR., 0000 RICHARD T. BARKER, 0000 ROY G. ALLEN III, 0000 MELONY A. VALENCIA, 0000 JAMIE A. BARNES, 0000 MICHELL A. ARCHEBELLE, 0000 PHUONG K. VANECEK, 0000 ERIC G. BARNEY, 0000 JAMES R. ASSELIN, 0000 RONALD G. VENESKEY, 0000 CHARLES J. BEATTY, JR., 0000 JONATHAN O. BAET, 0000 BETTY A. VENTH, 0000 STACY C. BENEDICT, 0000 SUZETTE M. BARBER, 0000 CYNTHIA D. WARWICK, 0000 ANGELICA BLACK, 0000 MICHAEL A. BASLER, 0000 WENDY WHITELOW, 0000 MICHAEL S. BOGAARD, 0000 SHIRLEY L. BELLONI, 0000 LEWIS S. WILBER, 0000 TIRSIT A. BROOKS, 0000 ISABELLA M. BERGERON, 0000 JOHN M. WILLIAMSON, 0000 CHET K. BRYANT, 0000 KIMBERLY BOSWELLYARBROUGH, 0000 KRISTINE WILLINGHAM, 0000 CANG QUOC BUI, 0000 STEVEN J. BRADLEY, 0000 BERNADETTE T. WISOR, 0000 ERIC J. CAMERON, 0000 JENNIFER J. BRATZ, 0000 MELINDA L. WOODS, 0000 SCOTT L. CARBAUGH, 0000 BETH A. BRENEK, 0000 CYNTHIA F. YAP, 0000 FRANCISCO J. CATALA, 0000 PHIL A. BROBERG, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DEBORAH A. CLARK, 0000 STEVEN A. BROWN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR DOUGLAS A. CLARK, 0000 MELANIE J. BURJA, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: HEIDI L. CLARK, 0000 JOVINA G. BUSCAGAN, 0000 JASON E. COOPER, 0000 HELDA J. CAREY, 0000 To be major LEAH V. CROSS, 0000 MIEV Y. CARHART, 0000 MICHAEL J. CUOMO, 0000 REGIS S. CARR, 0000 JASON E. MACDONALD, 0000 LINDA L. CURRIER, 0000 KERRY E. CASTILLO, 0000 DEREK P. MIMS, 0000 JOHN A. DALOMBA, 0000 MARY H. CERDA, 0000 IN THE ARMY MINDY L. DAVISON, 0000 PAULA M. CHAVIS, 0000 MICHAEL F. DETWEILER, 0000 TARA R. CHAVIS, 0000 THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR WARREN C. DIAL, 0000 TAMI R. CHILDERS, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE THOMAS J. DOKER, 0000 KURT D. COLE, 0000 UNITED STATES ARMY MEDICAL SPECIALIST CORPS MICHAEL E. DUNLOP, 0000 KEVIN M. COX, 0000 UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: KEVIN L. ECKERSLEY, 0000 DAVID A. DELANG, 0000 DAVID A. EISENACH, 0000 GAIL L. DYER, 0000 To be major JAMES E. ELWELL, 0000 SHANNON J. DZURY, 0000 JEFFREY P. SHORT, 0000 TROY P. FAABORG, 0000 CARLOS EDWARDS, 0000 MICHAEL L. FINK, 0000 REBECCA S. ELLIOTT, 0000 THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR STEFFANIE S. FISCHER, 0000 JEFFREY R. ENSINGER, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE LAURIE A. FLAGGINACIO, 0000 KATHRYN P. ESCALERA, 0000 UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, DAVID A. FOLMAR, 0000 CHERYL R. ESTY, 0000 U.S.C., SECTIONS 531 AND 3064: LORENZO D. GABIOLA, 0000 SUSAN J. EVITTS, 0000 KELLY J. GAMBINOSHIRLEY, 0000 DEBORAH E. FELTH, 0000 To be major JAMES M. GARMAN, 0000 LISA L. FERGUSON, 0000 SAQIB ISHTEEAQUE, 0000 GREG J. GARRISON, 0000 BARBARA B. FIELDS, 0000 BRUCE A. GOPLIN, 0000 LEONTYNE H. FIELDS, 0000 THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR PHILIP A. GRIFFITH, 0000 COURTNEY D. FINKBEINER, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE JULIE K. HARRIS, 0000 STEVEN R. FISHER, 0000 UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, GREGORY S. HENDRICKS, 0000 MILA B. FRENCH, 0000 U.S.C., SECTIONS 531 AND 3064: MELISSA HERGAN, 0000 DONNA M. FRIEDLINE, 0000 ANGELA L. HESTER, 0000 EARNEST FRY, 0000 To be major GEORGE A. HESTILOW, 0000 MICHELLE GAUTHIER, 0000 WANDA L. HORTON, 0000 KEITH D. HIGGINBOTHAM, 0000 BRIAN M. GLENN, 0000 WILLIAM H. MUTH, 0000 BRIAN W. HOBBS, 0000 SHELLY D. GOINS, 0000 RUTH SLAMEN, 0000 PATRICK J. HOUDE, 0000 ERIC A. GONZALES, 0000 VINA E. HOWARTH, 0000 CHRISTOPHER A. GOODENOUGH, 0000 THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR WEILUN HSU, 0000 WESLEY H. GREGG, 0000 APPOINTMENT TO THE GRADES INDICATED IN THE TERESA M. HUGHES, 0000 ANDREW J. GUNTHER, 0000 UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, CHAD A. JOHNSON, 0000 KRISTINE M. HACKETT, 0000 U.S.C., SECTIONS 531 AND 3064: BRIAN A. KATEN, 0000 JULIE L. HANSON, 0000 NOREEN M. KERN, 0000 MELIZA HARRIS, 0000 To be colonel BRADLEY R. KIME, 0000 ROBERT M. HEIL, 0000 DAVID J. BARILLO, 0000 EDWARD D. KOSTERMAN III, 0000 SHANNON S. HILL, 0000 CHRISTOPHER M. KURINEC, 0000 LORIE A. HIPPLE, 0000 To be lieutenant colonel KEYE S. LATIMER, 0000 CHARLES L. HORNBACK, 0000 LISA S. LEE, 0000 CHRISTIE L. HUME, 0000 BRUCE E. PORTER, 0000 TAMY K. LEUNG, 0000 ZENOBIA A. JAMES, 0000 DANIEL J. REDDY, 0000 THOMAS N. MAGEE, 0000 JOSE P. JARDIN III, 0000 JOHN J. VOGEL, 0000 CARLOS J. MALDONADO, 0000 JEFFREY S. JEDYNAK, 0000 To be major MICHAEL D. MCCARTHY, 0000 DAVID L. JOHNSON, 0000 JENNY L. MCCORKLE, 0000 MISCHA A. JOHNSON, 0000 IAN D. COLE, 0000 ANN D. MCMANIS, 0000 JANET S. JONES, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF SEAN J. MCNAMARA, 0000 SAADIA R. JONES, 0000 THE UNITED STATES OFFICER FOR APPOINTMENT TO HANS J. MEISSNEST, 0000 KARYN L. KELLY, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY MELISSA R. MEISTER, 0000 CHRISTOPHER J. KIMBLE, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: CORY J. MIDDEL, 0000 BRIAN D. KITTELSON, 0000 CHARLES E. MILLER, 0000 ERIN J. KNIGHTNER, 0000 To be colonel MITZI M. MITCHELL, 0000 WINIFRED G. KOEHLER, 0000 WILLIAM R. MOORE, 0000 CHARLOTTA M. LEADER, 0000 JOSEPH B. DORE, 0000 PRZEMYSLAW K. NIEMCZURA, 0000 VICTOR A. LEDFORD, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF JOHN V. NOTABARTOLO, 0000 LAURA J. LEWIS, 0000 THE UNITED STATES OFFICER FOR APPOINTMENT TO ERIC J. OGLESBEE, 0000 CHERYL C. LOCKHART, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY SCOTT E. OLECH, 0000 CAROL A. MARTA, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211:

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 9801 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S222 CONGRESSIONAL RECORD — SENATE January 23, 2008 To be colonel MATHEW J. BRADY, 0000 HELEN D. MEELHEIM, 0000 WALTER E. COLBERT, 0000 ROBERT B. MONSON, 0000 WILLIAM J. HERSH, 0000 PRISCILLA J. CUTTS, 0000 BARBARA A. MOORE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL E. DUNN, 0000 KENNETH P. MURPHY, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE CATHLEEN A. HARMS, 0000 JEARLINE MURRAY, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: DARLENE A. MCCURDY, 0000 SARAH M. NORDQUIST, 0000 MICHAEL D. STOWELL, 0000 CHRISTOPHER A. OCONNELL, 0000 To be colonel DAVID S. WERNER, 0000 MICHELLE A. OLDEN, 0000 NAN W. PARK, 0000 JAMES C. CUMMINGS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANTHONY M. PASQUALONE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE DEANNA J. PATTERSON, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: MARTIN A. PHILLIPS, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: To be colonel PHYLIS C. RAGLAND, 0000 CHRISTINE T. REM, 0000 To be colonel GERARD P. CURRAN, 0000 MIRIAM B. ROSA, 0000 EUGENE W. GAVIN, 0000 CYNTHIA J. MORIARTY, 0000 EMILY S. RUSSELL, 0000 MARK TRANOVICH, 0000 CHRISTINE A. SAUTTER, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF MICHELE M. SCHNEEWEIS, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SANTIAGO B. STAUNING, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY TO THE GRADE INDICATED IN THE RESERVE OF THE CAROL M. STICKEL, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ARMY UNDER TITLE 10, U.S.C., SECTION 12203: DOLORES TARIN, 0000 To be colonel To be colonel THERESA W. TAYLOR, 0000 VIRGINIA M. THOMAS, 0000 BRUCE H. BAHR, 0000 JEFFREY A. WEISS, 0000 DAWN A. VUICICH, 0000 JEFFREY M. BREOR, 0000 RICHARD E. WOLFERT, 0000 DEBRA H. WRIGHT, 0000 ALLEN D. FERRY, 0000 MARILYN YERGLER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GEORGE R. GWALTNEY, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE IN THE MARINE CORPS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ARMY UNDER TITLE 10, U.S.C., SECTION 12203: TO THE GRADE INDICATED IN THE RESERVE OF THE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ARMY UNDER TITLE 10, U.S.C., SECTION 12203: To be colonel TO THE GRADE INDICATED IN THE UNITED STATES MA- RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: To be colonel CHARLES S. OLEARY, 0000 SHEPARD B. STONE, 0000 To be lieutenant colonel DAVID A. BRANT, 0000 GARY B. TOOLEY, 0000 MICHAEL A. BROWN, 0000 RUSSELL L. BERGEMAN, 0000 LESLIE BURTON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES K. WALKER, 0000 CHERYL A. CARSON, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE JUDITH A. DAVENPORT, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MA- PATRICK W. EDWARDS, 0000 To be colonel CORLISS GADSDEN, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: PATRICK S. ALLISON, 0000 To be colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRUCE J. BIKSON, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE THOMAS E. DUNDON, 0000 JULIAN D. ALFORD, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: SUSAN M. FEELEY, 0000 JAMES S. ALLEY, 0000 To be colonel WILLIAM S. HUNT, 0000 RICHARD E. ANDERS, 0000 CATHY JOSEPH, 0000 FRANK S. ARNOLD, 0000 HAROLD A. FELTON, 0000 LOUIS D. KAVETSKI, 0000 PHILIP J. BETZ, JR., 0000 ARLAND O. HANEY, 0000 WALTER M. LEE, 0000 ANDREW D. BIANCA, 0000 CHARLES E. MIDDLETON, 0000 JAMES W. BIERMAN, JR., 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SHAOFAN K. XU, 0000 SEAN C. BLOCHBERGER, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE PHILLIP W. BOGGS, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COREY K. BONNELL, 0000 To be colonel TO THE GRADE INDICATED IN THE RESERVE OF THE CARMINE J. BORRELLI, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: EDMUND J. BOWEN, 0000 ANNE M. BAUER, 0000 To be colonel MICHAEL R. BOWERSOX, 0000 MICHAEL W. BIHR, 0000 ROBERT M. BRASSAW, 0000 JO A. MCELLIGOTT, 0000 EDWARD B. BROWNING, 0000 GREGORY T. BREAZILE, 0000 DARRYL M. BURTON, 0000 JAMES M. BRIGHT, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MIRIAM CRUZ, 0000 RAPHAEL P. BROWN, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE ZYGMUNT F. DEMBEK, 0000 KURT J. BRUBAKER, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: REBECCA A. DYER, 0000 BRIAN K. BUCKLES, 0000 To be colonel RUSSELL J. FLEMMING, 0000 SCOTT D. CAMPBELL, 0000 MARK GIBSON, 0000 JOHN W. CARL, 0000 DEBORAH G. DAVIS, 0000 ROMAN G. GOLASH, 0000 IRA M. CHEATHAM, 0000 MARDONNA R. HULM, 0000 ROGER M. GREEN, 0000 MARY J. CHOATE, 0000 PATRICK J. MCKENZIE, 0000 ANNE M. GUEVARA, 0000 ROBERT C. CLEMENTS, 0000 DEBRA M. SIMPSON, 0000 JEFFERY S. HAYNES, 0000 DAVID L. COGGINS, 0000 JEAN M. HULET, 0000 JEFFREY T. CONNER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN L. JANSKY, 0000 ROBERT A. COUSER, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE KENNETH S. JETTER, 0000 DENNIS A. CRALL, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: MONICA B. JIMENEZ, 0000 DANIEL J. DAUGHERTY, 0000 To be colonel MILFORD J. JONES, 0000 JEFFREY P. DAVIS, 0000 JAMES H. MASON, 0000 MARSHALL DENNEY III, 0000 RUBEN ALVERO, 0000 MARYANN MCNAMARA, 0000 JEFFERSON L. DUBINOK, 0000 ANDRE K. ARTIS, 0000 KULTHOUM A. MEREISH, 0000 JEFFREY W. DUKES, 0000 CARLOS E. BERRY, 0000 RANDY J. MIZE, 0000 CHRISTOPHER B. EDWARDS, 0000 RICHARD D. BRANTNER, 0000 MICHAEL T. NEWELL, 0000 NORMAN R. ELIASEN, 0000 PAUL S. BROWN, JR., 0000 JOHN L. ORENDORFF, 0000 SCOTT E. ERDELATZ, 0000 ROBERT C. CAMPBELL, 0000 JACKSON A. PATTERSON, JR., 0000 DANIEL P. ERMER, 0000 WENDY P. CARTER, 0000 JAMES C. PIERCE, 0000 CHRISTOPHER L. FRENCH, 0000 JONG H. CHOI, 0000 LESLIE R. RABINE, 0000 RICHARD W. FULLERTON, 0000 DAVID K. COCHRAN, 0000 ROBIN A. RAMSEY, 0000 JEFFREY W. FULTZ, 0000 JOAQUIN CORTIELLA, 0000 ROBERT F. RICHARDSON, 0000 DAVID J. FURNESS, 0000 HOWARD F. DETWILER, 0000 CHARLES R. STASENKA, 0000 STEPHEN J. GABRI, 0000 LEON H. ENSALADA, 0000 DANNY C. TYE, 0000 JOSEPH E. GEORGE, 0000 JOHN M. FITZSIMMONS, 0000 BILLIE J. WISDOM, JR., 0000 JAMES P. GFRERER, 0000 GILBERT R. GHEARING, 0000 ANDREW J. GILLAN, 0000 SHAWN D. GLISSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PATRICK A. GRAMUGLIA, 0000 LORI E. HARRINGTON, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE RONALD A. GRIDLEY, 0000 CAREY S. HILL, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: WILLIAM D. HARROP III, 0000 PAUL C. KIDD, 0000 To be colonel JAY L. HATTON, 0000 MAURICE L. KLIEWER, 0000 DREXEL D. HEARD, SR., 0000 JOEL M. KUPFER, 0000 SANDRA G. APOSTOLOS, 0000 JAMES H. HERRERA, 0000 CAL S. MATSUMOTO, 0000 EUNICE J. BANKS, 0000 HARRY J. HEWSON III, 0000 MAX B. MITCHELL, 0000 ELIZABETH A. BATTALORA, 0000 JEFFREY Q. HOOKS, 0000 CLARK A. MORRES, 0000 MARY T. BENNETT, 0000 STEPHEN M. HOYLE, 0000 MARK R. MOUNT, 0000 MARCIA E. CALLENDER, 0000 PAUL E. HUXHOLD, 0000 DAVID P. ODONNEL, 0000 GAYA CARLTON, 0000 CHARLES H. JOHNSON III, 0000 LORRIE J. OLDHAM, 0000 MARCIA E. CATLETT, 0000 ANDREW R. KENNEDY, 0000 FRANK A. PIGULA, 0000 CHERYL CELOTTO, 0000 MICHAEL W. KETNER, 0000 DAVID M. PRESTON, 0000 MICHELE CIANCI, 0000 KEVIN J. KILLEA, 0000 RONALD M. RENE, 0000 LINDA K. CONNELLY, 0000 SEAN C. KILLEEN, 0000 EUGENE R. ROSS, 0000 GEORGEANN L. CONSTANTINO, 0000 JOSEPH H. KNAPP, 0000 MARK C. RUMMEL, 0000 BRENDA A. DIXON, 0000 ROBERT C. KUCKUK, 0000 DAVID A. SEIDL, 0000 MICHAEL T. FRAZIER, 0000 JASON J. LAGASCA, 0000 STEPHEN L. STYRON, 0000 WANDA E. FRIDAY, 0000 MICHAEL J. LEE, 0000 LONNIE L. VICKERS, 0000 JAMES J. GARDON, 0000 MICHAEL A. LESAVAGE, 0000 SIMON T. VILLA, 0000 HENRY W. GILES, JR., 0000 MICHAEL P. MAHANEY, 0000 FRANC WALLACE, 0000 DEBRA A. GOMES, 0000 CHRISTOPHER J. MAHONEY, 0000 HAE S. YUO, 0000 CHARLENE K. GONZALEZ, 0000 KATHY J. MALONEY, 0000 DEBORAH J. HALL, 0000 GREGORY L. MASIELLO, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NANCY J. HEPLER, 0000 DOUGLAS E. MASON, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE CHERYL A. HICKERT, 0000 WILLIAM H. MAXWELL, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: DARLENE M. HINOJOSA, 0000 CHRISTOPHER T. MAYETTE, 0000 To be colonel JERALDINE JACKSON, 0000 EDWARD J. MAYS, 0000 THOMAS M. KURLICK, 0000 MITCHELL J. MCCARTHY, 0000 RONALD L. BONHEUR, 0000 GEORGE A. LUENA, 0000 BRIAN K. MCCRARY, 0000

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 9801 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — SENATE S223 DAVID W. MCMORRIES, 0000 PAUL TIMONEY, 0000 To be commander ERIC M. MELLINGER, 0000 THOMAS C. WALSH, JR., 0000 DUNCAN S. MILNE, 0000 THOMAS D. WEIDLEY, 0000 DAVID J. ROBILLARD, 0000 JAMES J. MINICK, 0000 STEPHEN A. WENRICH, 0000 GREGORY B. MONK, 0000 BRENT S. WILLSON, 0000 To be lieutenant commander JACK P. MONROE IV, 0000 CHRISTOPHER I. WOODBRIDGE, 0000 GREGORY A. FRANCIOCH, 0000 TIMOTHY S. MUNDY, 0000 JEFFREY R. WOODS, 0000 TUAN NGUYEN, 0000 ANDREW J. MURRAY, 0000 PETER E. YEAGER, 0000 SHERRY W. WANGWHITE, 0000 MARK G. MYKLEBY, 0000 MICHAEL W. YOUNG, 0000 SAMUEL C. NELSON III, 0000 PHILIP J. ZIMMERMAN, 0000 JOHN M. NEUMANN, 0000 RANDALL P. NEWMAN, 0000 IN THE NAVY f LAWRENCE J. OLIVER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID A. OTTIGNON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY JAMES R. PARRINGTON, 0000 UNDER TITLE 10, U.S.C., SECTION 624: WITHDRAWALS WILLIAM G. PEREZ, 0000 PAUL A. POND, 0000 To be captain Executive message transmitted by PETER D. PONTE, 0000 JOHN M. DOREY, 0000 DAVID L. REEVES, 0000 the President to the Senate on January MARY H. REINWALD, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 23, 2008 withdrawing from further Sen- JOSEPH P. RICHARDS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY ate consideration the following nomi- PHILLIP J. RIDDERHOF, 0000 UNDER TITLE 10, U.S.C., SECTION 624: DAVID A. ROBINSON, 0000 nations: JAMES L. RUBINO, JR., 0000 To be captain ANDREW G. BIGGS, OF NEW YORK, TO BE DEPUTY COM- JOSEPH RUTLEDGE, 0000 THOMAS M. CASHMAN, 0000 JON E. SACHRISON, 0000 MISSIONER OF SOCIAL SECURITY FOR THE TERM EXPIR- BRYAN F. SALAS, 0000 THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR ING JANUARY 19, 2013, VICE JAMES B. LOCKHART III, MICHAEL SALEH, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE WHICH WAS SENT TO THE SENATE ON JANUARY 9, 2007. ROBERT C. SCHUTZ IV, 0000 UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION ANDREW G. BIGGS, OF NEW YORK, TO BE DEPUTY COM- JOSEPH F. SHRADER, 0000 531: MISSIONER OF SOCIAL SECURITY FOR A TERM EXPIRING PHILIP C. SKUTA, 0000 JANUARY 19, 2013, VICE JAMES B. LOCKHART III, TO ANDREW H. SMITH, 0000 To be lieutenant commander WHICH POSITION HE WAS APPOINTED DURING THE LAST ERIC M. SMITH, 0000 THOMAS P. CARROLL, 0000 RECESS OF THE SENATE, WHICH WAS SENT TO THE SEN- RUSSELL E. SMITH, 0000 GARY V. PASCUA, 0000 ATE ON MAY 16, 2007. STEPHANIE C. SMITH, 0000 E. DUNCAN GETCHELL, JR., OF VIRGINIA, TO BE UNITED DANIEL J. SNYDER, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- STATES CIRCUIT JUDGE FOR THE FOURTH CIRCUIT, VICE NANCY A. SPRINGER, 0000 POINTMENT IN THE GRADES INDICATED IN THE UNITED H. EMORY WIDENER, JR., RETIRED, WHICH WAS SENT TO ALAN L. THOMA, 0000 STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: THE SENATE ON SEPTEMBER 6, 2007.

VerDate Mar 15 2010 22:16 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 9801 E:\2008SENATE\S23JA8.REC S23JA8 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 23, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E61 EXTENSIONS OF REMARKS

HONORING VERNON RAY ROSE forts. As we embark on efforts to improve our spent with the National Park Service at Mam- Nation’s civil infrastructure, we should ac- moth Cave National Park. HON. RON LEWIS knowledge and honor the plans that laid the Jim Carroll grew up in Hart County, Ken- OF KENTUCKY groundwork for our Nation’s greatness. tucky, and graduated from Munfordville High IN THE HOUSE OF REPRESENTATIVES f School in 1966. He was drafted into the Army in 1968 and served in Vietnam. Upon his re- Wednesday, January 23, 2008 HONORING AMANDA TAVARES turn, he enrolled at Western Kentucky Univer- Mr. LEWIS of Kentucky. Madam Speaker, I sity and graduated in 1975. rise today to recognize Master Sergeant HON. SOLOMON P. ORTIZ Mr. Carroll began his tenure with the Park Vernon Ray Rose, a remarkable man with a OF TEXAS Service in 1972 as a seasonal guide at Mam- long history of service to his country and com- IN THE HOUSE OF REPRESENTATIVES moth Cave National Park. After a brief assign- munity. Wednesday, January 23, 2008 ment at Biscayne National Park in Florida, he Mr. Rose had a distinguished 18-year ca- returned to Mammoth Cave as a full time Park Mr. ORTIZ. Madam Speaker, I rise today to reer in the United States Army leading men Ranger. Mr. Carroll then served as a Split congratulate Amanda Tavares of Robstown, into combat during a tour of duty in Southeast Ranger, working with the law enforcement and TX, for her hard work in successfully com- Asia. He was a platoon sergeant of an infantry resources management divisions of the park. pleting the Congressional page program. platoon with A Troop, 7th Squadron, 17th Cav- Mr. Carroll has been supervised nearly all as- Amanda has been a shining example of the alry, Air, during the Vietnam war. His platoon pects of Mammoth Cave National Park. had the responsibility of rescuing downed U.S. potential and leadership skills those selected In 1995, Mr. Carroll was named Chief of the helicopter pilots. In March 1968, Mr. Rose was for this selective honor entail. Division of External Programs. His responsibil- severely wounded by an enemy hand grenade Amanda, who hails from my hometown, has ities have included media relations, publica- and was medically retired from the Army. taken full advantage of this once-in-a-lifetime tions, information technology, concessions Vernon Ray Rose was the recipient of many opportunity to learn firsthand how Congress management, and community relations. honors during his exemplary military career in- works while gaining valuable experience about cluding the Bronze Star Medal, a Purple the legislative process. She excelled in the It is my privilege to honor Jim Carroll today, Heart, the Army Commendation Medal, the challenging environment of the Capitol, got to before the entire United States House of Rep- Good Conduct Medal, the Army Occupation know new and interesting people, and attend resentatives, for his service to Mammoth Cave Medal, the National Defense Service Medal, the prestigious House Page School with some National Park. I wish Jim, and his wife Sina a the Vietnam Service Medal, the Combat Infan- of the country’s brightest young minds. safe and happy retirement. tryman Badge, the Republic of Vietnam Cam- Prior to her time in Washington, DC, Aman- paign Ribbon, the Parachutist Badge, and the da was involved in numerous activities at her f Ranger Arc Tab. school and church. She has served as a men- INTRODUCTION OF RESOLUTION Mr. Rose’s service did not end once he re- tor, tutor, and missionary to an orphanage in COMMEMORATING THE CENTEN- tired from the military. Mr. Rose chose to be- Reynosa, Mexico. In addition, she has done NIAL OF PRESIDENT THEODORE come a National Veteran Service Officer, dedi- home improvement work with the Nehemiah ROOSEVELT’S CONFERENCE OF cating his life to serving veterans over the project of World Changers in Norfolk, VA. GOVERNORS course of three decades. Amanda’s sparkling personality and engag- It is my privilege to honor Vernon Ray Rose ing demeanor have been appreciated by my today, before the entire United States House office and her fellow pages. The people whom HON. EARL BLUMENAUER of Representatives, for his service to our a page meets here will be the movers and OF OREGON country and to his fellow veterans. His con- shakers in the country for the rest of their life. tributions are worthy of our collective apprecia- Washington, DC, is an exciting place and IN THE HOUSE OF REPRESENTATIVES tion and respect. every page who leaves the program tells us Wednesday, January 23, 2008 f the experience profoundly changed their life. Amanda has shared that sentiment and I have Mr. BLUMENAUER. Madam Speaker, today INTRODUCTION OF RESOLUTION no doubt that her time as page will influence I am introducing, along with Mr. OBERSTAR, COMMEMORATING THE BICEN- her goals. Mr. DEFAZIO, Mr. WALSH, Mr. PETRI, and Mr. TENNIAL OF THE GALLATIN As Amanda heads back to Texas, I am sure FARR, a resolution to commemorate the cen- PLAN that she will take many of the lessons learned tennial of President Theodore Roosevelt’s here and apply to her all life and activities. I Conference of Governors. That conference, HON. EARL BLUMENAUER am proud of hard work and accomplishments, which included many State Governors, the OF OREGON despite being so far from her home and her members of President Roosevelt’s Cabinet, IN THE HOUSE OF REPRESENTATIVES family. I wish her the best of luck when she Members of Congress, professional organiza- returns to school, and know she will use her tions, and Government bureaus—and which Wednesday, January 23, 2008 experiences here to go on and do great served as the first meeting of what today has Mr. BLUMENAUER. Madam Speaker, today things. become the National Governors Association— I am introducing, along with Mr. OBERSTAR, f resulted in a report that incorporated the grow- Mr. DEFAZIO, Mr. WALSH, Mr. PETRI, and Mr. ing interest in conservation as well as articu- FARR, a resolution to commemorate the bicen- HONORING JIM CARROLL lated the need for future investments in civil tennial of the Gallatin plan for infrastructure in- infrastructure. The conference laid the ground- vestment. This plan built on George Washing- HON. RON LEWIS work for many of the critical investments of the ton’s vision of connecting the interior settle- OF KENTUCKY 20th century and serves as an important re- ments with the markets and ports of the East IN THE HOUSE OF REPRESENTATIVES minder that the value of infrastructure invest- Coast through a network of roads and canals. ments is dependent on national planning ef- As Congress looks at major infrastructure in- Wednesday, January 23, 2008 forts. In the past few decades, our critical in- vestments for this century, it is worthwhile to Mr. LEWIS of Kentucky. Madam Speaker, frastructure has fallen into disrepair. As we remember that the achievements of the past I rise today to recognize Mr. Jim Carroll, a embark on efforts to improve our Nation’s civil were based on sound planning, and important proud veteran and dedicated public servant. infrastructure, we should acknowledge and to note that the value of infrastructure invest- Mr. Carroll is retiring this year after 38 years honor the plans that laid the groundwork for ments is dependent on national planning ef- of Federal service, most of which has been our Nation’s greatness.

∑ 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 04:48 Jan 24, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JA8.001 E23JAPT1 bajohnson on PROD1PC77 with REMARKS E62 CONGRESSIONAL RECORD — Extensions of Remarks January 23, 2008 HONORING NANDO GOMEZ In sham trials they were each convicted, with We must remember poverty is not just a Mr. Martinez Gomez sentenced to 3 years in Hispanic, or a Black, or an Asian issue—it is HON. SOLOMON P. ORTIZ prison. a ‘‘people’’ issue. Unfortunately, his imprisonment for what is OF TEXAS Whether it’s a family trying to put food on really political dissent is nothing new for his IN THE HOUSE OF REPRESENTATIVES the table, or a child in need of basic health family. While Mr. Martinez Gomez was facing care—when poverty affects one of us, it af- Wednesday, January 23, 2008 trial before the dictatorship’s facade of a judi- fects all of us. Mr. ORTIZ. Madam Speaker, I rise to pay cial system, his father was imprisoned in a I urge my colleagues to join the Out of Pov- tribute to one of my most trusted staff mem- Cuban gulag for nothing more than partici- erty Caucus in voicing their dedication to cre- bers, my Chief of Staff, Fernando P. ‘‘Nando’’ pating in a peaceful pro-democracy protest ating a better America for everyone, not just Gomez, Jr. After working in Congress for 7 outside the French embassy in Havana. The the privileged few. Cuban regime released his father this past years, the past 2 as my chief of staff, Nando I ask my colleagues to vote in favor of H. May without formally charging him with any will be joining the private sector. Con. Res. 198. Nando’s dedication to and interest in public crime. service has led him from the small town of Shortly after his father’s arrest, the local chief of the so-called ‘‘Committee for the De- f Gregory, TX, to the corridors of two Capitols. fense of the Revolution’’ came to the home During his senior year at the University of PERSONAL EXPLANATION Mr. Martinez Gomez shared with his father. Texas in 1994, he began working for the Mr. Martinez Gomez was forced out of his Texas House Speaker James E. ‘‘Pete’’ home along with his wife, who was 7 months HON. PHIL HARE Laney. Nando worked for Speaker Laney for pregnant at the time. But these local vigilance OF ILLINOIS nearly 5 years and was appointed the House committee goons were not content with forcing IN THE HOUSE OF REPRESENTATIVES reading clerk during the 74th and 75th Legisla- Martinez Gomez and his pregnant wife from Wednesday, January 23, 2008 tive Sessions. their home, they wanted to add insult to injury. He then moved to Washington, DC, in 2001 So they sent a group of ruffians to shout in- Mr. HARE. Madam Speaker, on Tuesday, and worked for Congressman Martin Frost, sults and obscenities at Martinez Gomez and January 22, 2008, I was unavoidably detained. serving as legislative assistant and then as his wife as they left the home they had known I ask for unanimous consent that the RECORD legislative director. He joined my staff in 2005 for the last 11 years. reflect had I been present, I would have voted and rose from legislative director to chief of What exactly did Mr. Martinez Gomez do to ‘‘aye’’ on rollcall No. 19, H.R. 4211—To des- staff. cause his conviction for the so-called crime of ignate the facility of the United States Postal Words cannot begin to describe what Nando ‘‘dangerouness?’’ This is impossible to fully Service located at 725 Roanoke Avenue in has meant to me, my staff, and the people of know in the totalitarian circus of present day Roanoke Rapids, North Carolina, as the the 27th District of Texas. I have relied on Cuba but perhaps the regime was afraid of the ‘‘Judge Richard B. Allsbrook Post Office’’; and Nando for his professionalism, work ethic, and courage repeatedly demonstrated by Mr. Mar- I would have vote ‘‘aye’’ on rollcall No. 20, H. friendship. He takes pride in his work, which is tinez Gomez. Res. 866—Honoring the brave men and especially personal to him because he was Madam Speaker, this is just another con- women of the United States Coast Guard born and raised in the district I represent. For demnable occurrence in the constant pattern whose tireless work, dedication, and commit- him, it has not just been about serving as my of brutality by the totalitarian tyranny just 90 ment to protecting the United States have led chief of staff—it is about advocating for the miles from our shores. And yet, though the tyr- to the Coast Guard seizing over 350,000 issues of his hometown, his family, and his anny has attempted to stop Mr. Martinez pounds of cocaine at sea during 2007, far sur- roots. Gomez, he will never cease in his commitment passing all of our previous records. Nando has also taken an active role with to freedom for Cuba. My colleagues, we must local youth. He serves in Brothers/Big Sisters demand the immediate release of Raudel Mar- f Mentor program, where he has had the honor tinez Gomez and all prisoners of conscience of serving as big brother to his little brother, in totalitarian Cuba. HONORING DALLAS CHRISTIAN Franklin, for nearly 5 years. Nando is an avid f SCHOOL ON ITS 50TH ANNIVER- sports fan whose allegiances lie with the SARY EXPRESSING THE SENSE OF CON- Texas Longhorns, Houston Astros, San Anto- GRESS THAT THE UNITED nio Spurs, and the Dallas Cowboys. STATES HAS A MORAL RESPON- Though I bid Nando a sad farewell from my HON. JEB HENSARLING SIBILITY TO MEET THE NEEDS OF TEXAS office, it will certainly not be a good-bye. I look OF THOSE PERSONS, GROUPS forward to seeing him around the Capitol IN THE HOUSE OF REPRESENTATIVES AND COMMUNITIES THAT ARE when he comes up to catch up with old IMPOVERISHED, DISADVAN- Wednesday, January 23, 2008 friends. Mr. HENSARLING. Madam Speaker, today I Nando remains a trusted member of my TAGED OR OTHERWISE IN POV- would like to rise to recognize Dallas Christian family, and I will always seek his counsel on ERTY School and join with them in celebrating their matters political and personal. I wish him, his SPEECH OF 50th anniversary. wife Kristy and son Dominic the best of luck during the new phase of his life. HON. JOE BACA In 1957, Dallas Christian School was estab- OF CALIFORNIA lished with a mission to train students aca- f IN THE HOUSE OF REPRESENTATIVES demically, physically, and spiritually. Five dec- FREEDOM FOR RAUDEL MARTINEZ Tuesday, January 22, 2008 ades later, this nationally recognized Blue Rib- GOMEZ bon School continues to accomplish its mis- Mr. BACA. Madam Speaker, I ask unani- sion by supplementing its academic curriculum HON. LINCOLN DIAZ-BALART mous consent to address the House for 1 with daily Bible classes and chapel services, minute. college courses, extracurricular activities, and OF FLORIDA I rise today in strong support of H. Con. an athletic department. IN THE HOUSE OF REPRESENTATIVES Res. 198. Located in Mesquite, Texas, 90 percent of Wednesday, January 23, 2008 Poverty is all too real an issue in America today. Dallas Christian School graduates attend insti- Mr. LINCOLN DIAZ-BALART of Florida. As a co-chair of the Congressional Out of tutions of higher education, and since 1992, Madam Speaker, I rise today to speak about Poverty Caucus, I have worked with my col- 20 seniors have qualified for the National Merit Raudel Martinez Gomez, a political prisoner in leagues to create a world where no child goes Scholarship. totalitarian Cuba. to bed hungry, and where every parent can Madam Speaker, on behalf of the Fifth Dis- Mr. Martinez Gomez is a member of the put a roof over their family’s heads. trict of Texas, I am honored to recognize Dal- Plantados Movement for Cuban Freedom. He We have made progress this Congress—but las Christian School’s 50th anniversary, and I along with fellow dissidents Victor Yunier we still have a long road ahead of us. would like to commend the students, board of Ferenandez Martinez and Joenny Alonso Asiz, And while poverty disproportionately affects directors, faculty, and staff for helping to were arrested in February 2006 for a crime our minority communities—it does not discrimi- shape a brighter future for our community and the Cuban dictatorship calls ‘‘dangerousness.’’ nate on a basis of color. our country.

VerDate Aug 31 2005 04:48 Jan 24, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JA8.006 E23JAPT1 bajohnson on PROD1PC77 with REMARKS January 23, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E63 RECOGNIZING REV. CHARLES L. vibrant, and growing church. However, in 1969 sponding to the Nation’s short-term economic MOSELEY ON THE OCCASION OF Charles and his family felt the call to Great weakness. One key finding of the report con- HIS RETIREMENT Bridge Baptist Church, a church of 650 mem- tains a warning: Any stimulus that a short-term bers in a rural area near Norfolk, VA. economic package ‘‘can provide to the econ- HON. J. RANDY FORBES Throughout his ministry at Great Bridge Bap- omy depends on how much of the resultant tist, Pastor Moseley has always maintained spending goes to purchase domestically pro- OF VIRGINIA that he is a pastor first, serving his people duced goods. The degree of stimulus that a IN THE HOUSE OF REPRESENTATIVES wherever their needs are. His greatest desire policy can provide to the economy also de- Wednesday, January 23, 2008 is to be a servant reaching out to his pends on how much of the resultant spending Mr. FORBES. Madam Speaker, I rise today congregants during their most important goes to purchase domestically produced to recognize my pastor and dear friend, Rev. times—marriage, birth, death, crisis, sickness, goods. If the additional consumption, or invest- Charles L. Moseley on the occasion of his re- sorrow, fear, joy. ment, demand is satisfied by imported goods, tirement from nearly 40 years of service as When asked what he would say is a high- the income of foreign producers will rise, and pastor of Great Bridge Baptist Church in light of his ministry at Great Bridge Baptist, the stimulus essentially will be exported.’’ Simply put, the benefits of the proposed Chesapeake, VA. Pastor Moseley recalled that one of the great- est of his delights is experiencing someone $145 billion U.S. economic stimulus package Charles Moseley was born in Camden, SC, coming to know the Lord. The blessing of should not go abroad. The benefits of this the fifth child and only son of Fred and Julia leading a person to know Christ as his/her package should help Americans as much as Moseley. Growing up in a small town, Charles Savior is the joy of his life. possible. That’s why I, along with Representa- felt the influence of his godly mother and fa- tives BILL LIPINSKI, ERIC CANTOR, WALLY ther. One evening in October 1949 after a re- Madam Speaker, in the nearly 40 years of HERGER, and JEFF FORTENBERRY, am proud to vival service at First Baptist of Camden, while service at Great Bridge Baptist Church, Pastor introduce today the American Jobs Creation Charles and his friends were watching an Moseley has steadfastly led his congregation and Economic Stimulus Act of 2008. This bill eclipse of the moon, he felt the call of God to in the footsteps of Christ, touching thousands will provide a quick power boost to the econ- full-time Christian ministry. of lives with the joy and peace of the Lord. Through the many years that my family and I omy that does not cost too much and rewards Charles started his higher education achiev- have attended Great Bridge Baptist, I have companies for keeping and adding jobs in ing his associate of arts degree from Wingate come to know Rev. Moseley as a model of America. This proposal simply accelerates the Jr. College in January 1952. He went on to re- selfless service and great spiritual leadership. phase-in of the domestic manufacturing tax ceive his bachelor of arts degree in English Today we thank him for his service to us and benefit by 2 years. Any economic stimulus from Coker College in January 1954. Con- most importantly his service to the Lord and package that is crafted by Congress should in- tinuing to be led by the Lord, Charles then en- we ask God’s special blessing on him and his clude this provision. tered Southeastern Seminary at Wake Forest, family as they pursue the joys and challenges The domestic manufacturing tax deduction, NC, and graduated with a bachelor of divinity of this next phase of his life. now section 199 of the U.S. Tax Code, started in January 1958. He later earned a master of in 2005 at 3 percent as part of the 2004 law f divinity from Southeastern Seminary in the that replaced the Foreign Sales Corporation/ early 1970s. Throughout these years of col- PERSONAL EXPLANATION Extraterritorial Income, FSC/ETI tax structure, lege, Charles continued to see God’s hand on which was ruled as an illegal export subsidy his life in many ways through financial help, HON. TIMOTHY V. JOHNSON by the World Trade Organization, WTO. Last mentoring from professors, and preaching in year, the domestic manufacturing tax deduc- OF ILLINOIS churches in the area. tion increased to 6 percent. The final phase— During his time at seminary, Charles IN THE HOUSE OF REPRESENTATIVES raising the domestic manufacturing deduction preached in many churches but was led to Wednesday, January 23, 2008 to 9 percent—is scheduled to start in 2010. pastor two churches in Dillon County, SC. He The American Jobs Creations and Economic Mr. JOHNSON of Illinois. Madam Speaker, would travel between the two churches on Stimulus Act of 2008 simply changes the start unfortunately yesterday, January 22, 2008, my Sunday preaching at one at 10 a.m. and the date of the 9 percent domestic manufacturing flight to Washington, DC was delayed, and I other at 11 a.m. It was during this time in De- tax deduction from January 1, 2010, to Janu- was unable to cast my votes on H.R. 4211 cember 1956 that he met his future wife, Lou- ary 1, 2008, thus providing an additional 3 and H. Res. 866 and wish the RECORD to re- ise Martin. At the time, Lou was serving as percent tax incentive for all domestic manufac- flect my intentions had I been able to vote. education director of the First Baptist Church turers right now. Had I been present for rollcall No. 19 on of Dillon, SC. They were married in June According to the Internal Revenue Service, suspending the rules and passing H.R. 4211, 1957. IRS, 378,627 small and large manufacturers, naming the Judge Richard B. Allsbrook Post As a senior at seminary, many offers from as broadly defined by the U.S. Treasury, were Office, I would have voted ‘‘aye’’. churches came for him to serve as pastor but helped by this benefit in 2005. One year later, Charles was not led to any of them until he re- Had I been present for rollcall No. 20 on that number grew to over 400,000. The do- ceived an offer from a small church in suspending the rules and passing H. Res. mestic manufacturing benefit applies to firms Valdese, NC, in early 1958. Abee’s Grove 866, honoring the brave men and women of of all types—C Corporations, S Corporations, Baptist was a small country church located in the United States Coast Guard whose tireless Limited Liability Companies, LLCs, and sole the mountains of North Carolina with a Sun- work, dedication, and commitment to pro- proprietorships. day morning attendance between 100 to 150 tecting the United States have led to the This tax deduction is ideal because it only people. Coast Guard seizing over 350,000 pounds of applies to revenue generated by operations Pastor Moseley and his family left this cocaine at sea during 2007, far surpassing all based in the United States and discourages church in 1962 to begin a ministry at the First of our previous records, I would have voted the ‘‘off-shoring’’ of American production. No Baptist Church of Carthage, NC. Located near ‘‘aye.’’ other economic stimulus idea ties tax relief to Pinehurst, NC, First Baptist was a dignified lit- f requiring companies to keep production and tle church with a beautiful pipe organ, stained jobs in the United States. The American Jobs AMERICAN JOBS CREATION AND glass windows and friendly congregation. Creation and Economic Stimulus Act of 2008 ECONOMIC STIMULUS ACT OF 2008 From the beginning of his studies, Charles is a simple bipartisan low-cost idea that will had the desire to be a chaplain in the Air make a real difference right now. It also fits Force but that was not the Lord’s path for him. HON. DONALD A. MANZULLO within the parameters, as outlined by the He did however, serve in the National Guard OF ILLINOIS President on Friday, of what could be included and proudly retired from the U.S. Army Re- IN THE HOUSE OF REPRESENTATIVES in an economic stimulus package. serve with 23 years of service. Madam Speaker, I respectfully urge the in- Even in the beginning of his ministry, Wednesday, January 23, 2008 clusion of accelerating the phase-in of the do- Charles had always thought he would be the Mr. MANZULLO. Madam Speaker, last mestic manufacturing tax deduction in any pastor of a small church, never imaging that week, the Congressional Budget Office, CBO, economic stimulus legislation that will be voted the Lord would lead him to shepherd a large, released its report outlining options for re- on by the House this year.

VerDate Aug 31 2005 04:48 Jan 24, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JA8.011 E23JAPT1 bajohnson on PROD1PC77 with REMARKS E64 CONGRESSIONAL RECORD — Extensions of Remarks January 23, 2008 PERSONAL EXPLANATION PERSONAL EXPLANATION patient and physician communities during the development and approval of both HON. GENE GREEN HON. SHELLEY BERKLEY PREZITSATM and INTELENCETM. Tibotec OF NEVADA Therapeutics worked closely with leaders in OF TEXAS IN THE HOUSE OF REPRESENTATIVES the HIV community on the development of the IN THE HOUSE OF REPRESENTATIVES pivotal clinical trials that led to FDA approval Wednesday, January 23, 2008 Wednesday, January 23, 2008 of this product. Notably, the FDA approved Ms. BERKLEY. Madam Speaker, because I INTELENCETM through an accelerated ap- Mr. GENE GREEN of Texas. Madam was attending to important constituent matters proval procedure—a process that is reserved Speaker, I rise today to explain my absence in my congressional district involving the his- for the early approval of drugs that show a from votes cast on January 22, 2008. I was in toric Nevada Presidential Caucus, I was un- meaningful therapeutic advantage over exist- Houston meeting with constituents at a town- able to vote on rollcall Nos. 1 through 18. Had ing treatments for serious or life-threatening hall meeting our office scheduled prior to I been present, I would have voted ‘‘present’’ diseases. knowing votes would take place last night. on rollcall No. 1; ‘‘yes’’ on rollcall Nos. 2–7, In addition, Tibotec Therapeutics acted re- On rollcall vote No. 19, to approve H.R. 11–12, and 17–18; and ‘‘no’’ on rollcall Nos. sponsibly in pricing INTELENCETM, a fact rec- 4211, had I been present, I would have voted 8–10 and 13–16. ognized by many leaders in the HIV commu- ‘‘aye.’’ f nity. In fact, one leading HIV patient advocate On rollcall vote No. 20, to approve H. Res. PERSONAL EXPLANATION stated, ‘‘With the introduction of INTELENCE, 866, had I been present, I would have voted Tibotec Therapeutics has demonstrated ex- ‘‘aye.’’ ceptional leadership in working with the HIV community in an effort to address pricing and f HON. KEITH ELLISON access issues. Tibotec has repeatedly recog- nized the necessity of responsibly pricing HIV OF MINNESOTA ‘‘ONE LESS ANGEL WILL CRY’’ products and should be commended for its IN THE HOUSE OF REPRESENTATIVES leadership in this regard.’’ HON. JOHN J. DUNCAN, JR. Wednesday, January 23, 2008 Once again, I commend Tibotec Thera- Mr. ELLISON. Madam Speaker, on January peutics for its innovation and corporate re- OF TENNESSEE 22, 2008, I failed to vote on rollcall Nos. 19 sponsibility. I applaud the fact that Americans IN THE HOUSE OF REPRESENTATIVES and 20 because my flight was unexpectedly living with HIV/AIDS will now have access to Wednesday, January 23, 2008 delayed. Had I voted, I would have voted a new and important treatment option, afford- ‘‘yea’’ on rollcall No. 19 and ‘‘yea’’ on rollcall ing them the possibility of living healthier and Mr. DUNCAN. Madam Speaker, I was re- No. 20. productive lives. cently visited in my office by one of my con- f stituents from the second district of Ten- f nessee, Julie Rich. Julie is one of six winners RECOGNIZING TIBOTEC THERA- HONORING THE UNITED STATES in a nationwide contest for the March for Life PEUTICS FOR THEIR INNOVA- COAST GUARD Education and Defense Fund of 2008. I would TION AND CORPORATE RESPON- like to call to the attention of my colleagues SIBILITY IN DEVELOPING NEW SPEECH OF and other readers of the RECORD her winning TREATMENTS FOR AMERICANS HON. BENNIE G. THOMPSON poem. WITH HIV/AIDS OF MISSISSIPPI ONE LESS ANGEL WILL CRY IN THE HOUSE OF REPRESENTATIVES A guardian angel looks up from Earth HON. ROBERT E. ANDREWS Tuesday, January 22, 2008 And prays each day to the Lord in the hope OF NEW JERSEY Mr. THOMPSON of Mississippi. Madam That one particular baby will survive until IN THE HOUSE OF REPRESENTATIVES birth Speaker, I rise today in support of H. Res. The mother does not want it; she is scared Wednesday, January 23, 2008 866, a resolution commending the dedicated She has by now reached the end of her rope Mr. ANDREWS. Madam Speaker, I rise men and women of the Coast Guard on their O Lord! Please let the child be spared! today to commend and congratulate Tibotec remarkable drug interdiction efforts, which She throws up her hands and yells, ‘‘I’m have resulted in the record seizure of 355,755 through! Therapeutics for their innovation and corporate I don’t want to be in this position responsibility in developing new, effective pounds of cocaine, valued at more than $4.7 I will abort. It’s something I must do!’’ treatments for people living with HIV/AIDS. On billion. The angel wept Friday, January 18, 2008, the Food and Drug Embodying its motto of Semper Paratus or What a horrid decision! Administration approved Tibotec’s second HIV ‘‘Always Ready’’, the Coast Guard has used Up to heaven the angel and the baby’s soul drug, INTELENCETM, for the treatment of HIV improved information-sharing and intelligence leapt infection. to anticipate and combat smuggling, piracy The gates were wide open and the soul was We are all aware of the success HIV thera- and other threats before they reach America’s ushered in pies have had on prolonging and enhancing shores. For example, in September, the Coast And why not For one whose lifespan was tremendously the quality of life for those infected with HIV/ Guard stopped a vessel loaded with 3,600 gal- thin? AIDS. As the infected population lives longer lons of cocaine dissolved in diesel fuel. This The devastating thought of abortion should and becomes increasingly resistant to current liquid cocaine could have been converted into be left far behind treatment regimens, there is a growing need 15,800 pounds of pure cocaine. Earlier last It is like a blot to focus on access to newer therapies for year, the Coast Guard made its largest mari- On all of mankind treatment experienced. HIV drug manufactur- time cocaine seizure when it intercepted a ‘‘Build Unity on the Life Principles through- ers are being challenged to meet the treat- Panamanian vessel carrying approximately 20 out America. ment needs of this changing population. tons of the drug. No Exception! No Compromise!’’ We must be strong with these words, Amer- Tibotec Therapeutics, an operating company Since the tragic events of 9/11, the Coast ica of Johnson & Johnson, has a strong history of Guard’s mission has taken on increased sig- Because millions upon millions have died advancing the science of HIV treatment, and nificance, as they have added critical home- this way INTELENCETM is another shining example of land security responsibilities to their traditional Abortion has claimed too many lives this cutting-edge research and development. missions. As chairman of the Committee on Babies perish like this every single day INTELENCETM, also known as TMC125. is Homeland Security, I am well acquainted with What if it had been you? One of the ones the first new drug in the NNRTI class to be the extraordinary job the Coast Guard does in killed? approved in a decade. It brings new hope to fulfilling these missions on behalf of our Na- You would not know Your body would have been chilled HIV patients whose HIV virus has become re- tion. H. Res. 866 affirms our appreciation for Mothers please do not tell your infants good- sistant to other HIV therapies, including drugs the valiant members of the United States bye in the same NNRTI class. Coast Guard, who risk their lives every day to Let the babies live, let them grow! I would also like to recognize Tibotec Thera- rescue and protect the American people and And one less angel will cry peutics for their outstanding work with the HIV preserve the Nation’s security. I encourage my

VerDate Aug 31 2005 04:48 Jan 24, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JA8.015 E23JAPT1 bajohnson on PROD1PC77 with REMARKS January 23, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E65 colleagues to join me in supporting this impor- managed and played for the SCPD softball AR; his sister, Frances Harris Hedrick of War- tant legislation. team which won medals in the New York ren, AR; and to his numerous grandchildren f State Police Olympics and gained national no- and great-grandchildren. toriety for its outstanding play. Sykes Harris will be missed by his family, TRIBUTE TO SERGEANT JAMIE In 2005, Captain Mulligan was named presi- his community and all those who knew him O’DELL MAUGANS dent of the Suffolk County SOA. The SOA is and called him a friend. His focus on the com- responsible for representing the labor interests munity and his spirit of selfless service to oth- HON. TODD TIAHRT of its members in the Suffolk County Police ers will never be forgotten. I will continue to OF KANSAS Department. The organization acts as the ex- keep his family in my deepest thoughts and IN THE HOUSE OF REPRESENTATIVES clusive majority representative in negotiating prayers. for improved wages, hours, working condi- f Wednesday, January 23, 2008 tions, welfare and job security, as well as for Mr. TIAHRT. Madam Speaker, today I have all other aspects of collective bargaining. As BAYTOWN, TEXAS the honor to introduce a bill naming the post president, Captain Mulligan represented over office in Derby, KS, after a fallen hero, SGT 500 supervisors and administrators in the Suf- HON. TED POE Jamie O’Dell Maugans. Sergeant Maugans folk County Police Department and he has OF TEXAS was the first casualty of the Global War on held the position with distinction for the last 3 IN THE HOUSE OF REPRESENTATIVES Terror from the 4th District of Kansas. A Derby years. Wednesday, January 23, 2008 native, Sergeant Maugans graduated from Today Bill lives in the town of Riverhead, Derby High School and attended the Univer- NY with his wife of 42 years, Janet, and their Mr. POE. Madam Speaker, the city of Bay- sity of Kansas and Cowley County Community three beautiful daughters, Janine, Elizabeth town, Texas will celebrate its 60th anniversary College before joining the Army. and Michele. on January 24, 2008. Baytown’s rich history of Sergeant Maugans was an ordnance dis- I am proud to honor Captain William Henry rugged Texas pioneers, oil boom settlements posal specialist and stationed in San Diego Mulligan for his service to our country and our and economic contributions to Texas span when our Nation was attacked on September community. Madam Speaker, on behalf of all more than 150 years. 11, 2001. He was deployed to Afghanistan in New Yorkers, it is with great pride that I recog- Some of the first settlers to the area in- connection with Operation Enduring Free- nize and thank Captain Mulligan for a truly dis- cluded Nathaniel Lynch who set up a ferry dom—Afghanistan. tinguished career. We wish him and his family crossing in 1822 at the junction of the San On April 15th, 2002, while disposing of ord- the best in the future. Jacinto River and Buffalo Bayou. The cross- nances near Kandahar, Afghanistan, Sergeant f ing, now known as the Lynchburg Ferry, con- Maugans was killed along with three others, tinues in operation today by Harris County. IN MEMORY OF WILLIAM ‘‘SYKES’’ including fellow Kansan SSG Justin Galewski, William Scott, one of Stephen F. Austin’s HARRIS from Olathe. He was only 27 years old. Old Three Hundred families, received a land Sergeant Jamie Maugans’ family, including grant in 1824. A settlement grew near his his mother Kathy Wurdeman, his father Bryce HON. MIKE ROSS home on San Jacinto Bay which included a Maugans and stepmother, Mary Maugans, his OF ARKANSAS small store and a sawmill. This settlement be- brother and four sisters, are very proud of him. IN THE HOUSE OF REPRESENTATIVES came known as Bay Town. His commitment to family, friends and country Wednesday, January 23, 2008 The story of the present Baytown also en- are well known. By naming this post office, I Mr. ROSS. Madam Speaker, I rise today to compasses the cities of Goose Creek and hope that everyone in South Central Kansas honor the memory of William ‘‘Sykes’’ Harris Pelly. The discovery of oil was the common will come to know and remember this young of Warren, AR, who passed away January 15, thread that wove the three cities’ history to- man and his sacrifice. We all owe a debt of 2008, at the age of 89. gether. gratitude to Sergeant Maugans and his fellow Sykes Harris was a true pioneer in the wood In 1916, the Goose Creek oilfield became servicemen and women. flooring business in south Arkansas. After famous as the first offshore drilling operation Naming the post office in Derby after Ser- nobly serving his country in World War II, he in Texas. Both of the towns of Pelly and geant Jamie Maugans is but a simple way we returned to his childhood home of Warren, Goose Creek developed around the oil field. can honor his memory and the memory of all where he began a lifetime in business making Ross S. Sterling and his business associates those who have fallen in battle for the defense a positive impact on countless Arkansans built a refinery near Goose Creek in 1917 and of this nation. I ask my colleagues to support through Wilson Oak Flooring, which he would founded the Humble Oil and Refining Com- this important effort. successfully own and operate for nearly 25 pany which later became Exxon Company f years. U.S.A. Although Sykes Harris had a career in busi- Humble Oil purchased 2,200 acres in the HONORING CAPTAIN WILLIAM ness, his calling and real passion was in com- area and called it Baytown. The town grew up HENRY MULLIGAN munity development. The City of Warren and around the refinery as the company built its residents were extremely fortunate to gain streets, sold lots, provided utilities and offered HON. TIMOTHY H. BISHOP from his selfless gifts of time and energy to financing for workers to purchase a home. OF NEW YORK make his community a better place to live. He Each city operated independently for several IN THE HOUSE OF REPRESENTATIVES took a keen interest in seeing businesses years but talks began to arise among resi- dents of consolidating the three cities after Wednesday, January 23, 2008 flourish throughout Warren and Bradley Coun- ty, and this was evident through his service in World War I. After several failed attempts at Mr. BISHOP of New York. Madam Speaker, the Warren Rotary Club, the Warren Country consolidation, the cities reached an agreement I rise to honor and recognize Captain William Club and the Warren Bank and Trust Com- in 1947. On January 24, 1948, the city of Bay- Henry Mulligan for his extraordinary career pany. town was officially established. and accomplishments as he plans to step In addition, Sykes Harris was deeply hon- Today, Baytown continues to live up to its down as president of the Suffolk County Po- ored to be appointed by then-Governor Bill rich legacy of industry and community spirit. lice Superior Officers Association (SOA). Clinton to serve on the board of trustees of Exxon is still a major part of the city’s petro- Bill Mulligan was raised in the great town of the University of Arkansas in 1983. Upon com- leum industry along with several other major Hempstead, NY. He proudly served our coun- pleting his 10-year term, the City of Fayette- oil companies. Baytown is now also home to try in the United States Navy, from 1961 to his ville recognized his invaluable contributions Goose Creek Consolidated ISD and Lee Col- honorable discharge in 1964. and efforts by naming him an honorary citizen lege which provide outstanding educational Bill joined the Suffolk County Police Depart- and presenting him with a key to the city. opportunities for students. The future of Bay- ment (SCPD) in August of 1967 as a patrol- When Sykes was not working in business or town shines bright as a great city in which to man, and his commitment to law enforcement giving back to the community, he could be live, work and play. led to numerous promotions within the depart- found relaxing and sitting on his floating duck There are two well-known landmarks in Bay- ment and the Suffolk County Superior Officers blind in Arkansas City with any number of town, a giant live oak tree and the Fred Hart- Association (SOA). Among the police depart- family and friends. man Bridge. One landmark illustrates the rich ment, Bill was known for his dedicated work I send my deepest condolences to his history of the city’s past and the other symbol- as an officer and as a lover of sports. Bill daughter, Sally Harris Barnett, of Casscoe, izes its promising future.

VerDate Aug 31 2005 04:48 Jan 24, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JA8.021 E23JAPT1 bajohnson on PROD1PC77 with REMARKS E66 CONGRESSIONAL RECORD — Extensions of Remarks January 23, 2008 The live oak tree, estimated to be more than this is Tibotec’s GRACE study, a first-of-its- a new phase of his life. I am confident that 1,000 years old, grows in the center of West kind clinical trial that will compare gender dif- this retirement is far from the end of Don’s Texas Avenue. It has lived since Native Amer- ferences in the efficacy, safety and tolerability public service and that he will remain com- icans roamed the coastal plains, the battles of of an FDA-approved HIV therapy in women, mitted to the citizens of our great State and the Texas Revolution were fought and the and will also explore racial differences in treat- community. Don’s humor and kind heart will Texas oil field discoveries were made. ment outcomes. be greatly missed by his colleagues. I wish The 440-foot tall Fred Hartman Bridge, a Tibotec Therapeutics, an operating company Don all the best in retirement. steel cable bridge that spans across the Hous- of Johnson & Johnson, has a strong history of f ton Ship Channel, is Baytown’s symbol of advancing the science of HIV treatment, and modern engineering and Texas-sized strength. INTELENCETM is another shining example of PERSONAL EXPLANATION It is an honor to represent a part of Baytown this cutting-edge research and development. as a portion of the Second Congressional Dis- INTELENCETM, also known as TMC 125, is HON. RON KIND trict. My fellow colleague and friend, Gene the first new drug in the NNRTI class to be OF WISCONSIN Green represents the other part of Baytown in approved in a decade. It brings new hope to IN THE HOUSE OF REPRESENTATIVES the United States Congress. Congressman HIV patients, whose HIV virus has become re- Wednesday, January 23, 2008 Green and I are proud to have worked with sistant to other HIV therapies, including drugs Mr. KIND. Madam Speaker, on January 16, Baytown Mayor Stephen DonCarlos and the in the same NNRTI class. Notably, the FDA 2008, I erroneously voted in favor of an city council on numerous projects concerning approved INTELENCETM through an acceler- amendment offered by Representative JOE the city. They are commended for their leader- ated approval procedure—a process that is re- WILSON (SC) to H.R. 2768 (roll No. 8), the ship in helping Baytown grow. served for the early approval of drugs that Supplemental Mine Improvement and New I look forward to seeing Baytown prosper in show a meaningful therapeutic advantage over Emergency Response (S–MINER) Act. Please the future and wish the city Happy Birthday as existing treatments for serious or life-threat- let the record show that I intended to vote it celebrates its 60th anniversary. ening diseases. against this amendment. And that’s just the way it is. Finally, Tibotec Therapeutics acted respon- f f sibly in pricing INTELENCETM, a fact recog- nized by many leaders in the HIV community. HONORING JACQUELINE MONTEIRO TRIBUTE TO TIBOTEC In fact, one leading HIV patient advocate stat- DACOSTA THERAPEUTICS ed, ‘‘With the introduction of INTELENCE, Tibotec Therapeutics has demonstrated ex- HON. PATRICK J. KENNEDY HON. G.K. BUTTERFIELD ceptional leadership in working with the HIV OF RHODE ISLAND OF NORTH CAROLINA community in an effort to address pricing and IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES access issues. Tibotec has repeatedly recog- Wednesday, January 23, 2008 Wednesday, January 23, 2008 nized the necessity of responsibly pricing HIV products and should be commended for its Mr. KENNEDY. Madam Speaker, I rise Mr. BUTTERFIELD. Madam Speaker, I rise leadership in this regard.’’ This type of respon- today to express my sympathies to a wonder- today to commend and congratulate Tibotec sible corporate behavior is especially wel- ful Rhode Island family who has lost a de- Therapeutics for their innovation and corporate comed in my state of North Carolina, which voted loved one named Jacqueline Monteiro responsibility in developing new, effective has struggled in the past to provide access to Dacosta and to briefly share with you the im- treatments for people living with HIV/AIDS. On HIV therapies for eligible lower-income individ- pact she had on so many lives just by being Friday, January 18, 2008, the Food and Drug uals. kind. Administration approved Tibotec’s second HIV In closing, I would like to once again, I com- Jackie was a loving mother, sister and drug, INTELENCETM (etravirine), for the treat- mend Tibotec Therapeutics for its innovation daughter who always exuded a sense of com- ment of HIV infection. and corporate responsibility. I applaud the fact fort to all. That’s why she was perfect for her In my home state of North Carolina, there that North Carolinians living with HIV/AIDS will job as a constituent case worker in my district are an estimated 31,000 people living with now have access to a new and important office in Rhode Island. For the past 11 years HIV/AIDS, many of whom may not be aware treatment option, affording them the possibility she reached out to countless people who that they are infected with this life-threatening of living healthier and productive lives. sought her advice and help on a multitude of illness. Unfortunately, the Black Community in f issues and she always put them at ease while North Carolina as well as others across the they told her their life problems. She reas- southern United States are disproportionately TRIBUTE TO DONALD GILMER sured them—people she had just met—that impacted by HIV/AIDS. A high percentage of she would do what she could to help, and people in these communities are diagnosed in HON. FRED UPTON then she did. I have a file of letters in my of- the later stages of HIV disease—a fact that OF MICHIGAN fice from people who wrote to me just to further complicates their chances for success- IN THE HOUSE OF REPRESENTATIVES praise Jackie for her hard work and more than ful ongoing treatment. Furthermore, Black that, to recognize her kindness. women are disproportionately impacted by Wednesday, January 23, 2008 Her sudden passing took us all by surprise. HIV/AIDS in our state, with an HIV infection Mr. UPTON. Madam Speaker, I rise today We knew instantly our office would never be rate almost seventeen times higher than to honor the inspiring career of Donald Gilmer, the same without her presence, her funny sto- among non-Hispanic white women. of Augusta, MI. A dedicated and selfless indi- ries, her smile. When thousands showed up We are all aware of the success HIV thera- vidual, Don has enthusiastically served the for her wake and funeral to celebrate her life, pies have had on prolonging and enhancing public for the past 33 years. it was such a testament to how truly loved she the quality of life for those infected with HIV/ Don’s career has served as an example of was in the community. No one had seen any- AIDS. As the infected population lives longer the definition of ‘‘public servant’’ and could be thing like it. Her family has been overwhelmed and becomes increasingly resistant to current added to any dictionary listing. with an outpouring of support and sympathy treatment regimens; there is a growing need Don has served Michigan citizens in a wide from all over the state. to focus on access to newer therapies for variety of significant roles, including 11 terms On my next trip to Cape Verde, her family treatment experienced. HIV drug manufactur- as a member of the Michigan House of Rep- members and I will plant a tree in Jackie’s ers are being challenged to meet the treat- resentatives, 3 of which he served as the memory. Her spirit on earth will be forever sur- ment needs of this changing population. Fed- chairman of the Appropriations Committee. rounded by the unspoiled beauty of her home- eral and State governments, public health pro- Don has also served on the Kalamazoo Coun- land and the sounds of the island music she grams, medical and community-based pro- ty Board of Commissioners, as Michigan’s lot- loved so much. We will never forget Jackie viders in addition to drug manufacturers are all tery commissioner, as Governor John Engler’s and her special qualities that touched so many challenged to find ways to better serve dis- budget director, and most recently, as Kala- lives and made life that much better. proportionately impacted and underserved mazoo County’s Administrator. His services to We join Jackie’s parents, Jose and Adelisa communities. Kalamazoo County and to the State of Michi- Monteiro; her children Stephanie and Justin Tibotec Therapeutics is also a leader in gan are truly commendable. and her siblings, Filomena, Osvaldo and Jose reaching out to underserved communities As my good friend retires, he closes one Jr. in continuing to honor Jackie’s memory and highly impacted by HIV. A primary example of chapter of his inspiring career and embarks on her joyous spirit.

VerDate Aug 31 2005 04:48 Jan 24, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JA8.025 E23JAPT1 bajohnson on PROD1PC77 with REMARKS January 23, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E67 COMMEMORATING THE 35TH anoke Rapids to practice law with his father in he met and married his wife, Jessie Gomez. ANNIVERSARY OF ROE V. WADE the firm of Allsbrook, Benton and Knott. During He and Jessie returned to Gallup, where his 20 years as a practicing attorney, he al- Isaias began to work in the coal mines. Then SPEECH OF ways took time for his clients and worked dili- in 1953, he and Jessie moved to Colton, and HON. JANICE D. SCHAKOWSKY gently to ensure that they were represented to Isaias went to work for the Santa Fe Railroad. OF ILLINOIS the best of his ability. His meticulous nature Isaias and Jessie’s 6 children—Rosa, Elo- and even temperament served him well when ise, Isaias Jr., Yolanda, Tommy, and Terri— IN THE HOUSE OF REPRESENTATIVES he was appointed resident superior court where all raised in Colton. After initially work- Tuesday, January 22, 2008 judge for the Sixth Judicial District in 1978. ing with the railroad, Isaias eventually became Mr. SHAKOWSKY. Mr. Speaker, thirty-five Over the next 22 years, he tempered justice a successful real estate developer and builder. years ago today, the Supreme Court guaran- with mercy, earning a reputation as a fair, I had the great privilege of knowing Isaias teed American women the right to choose compassionate jurist. All those present in his personally through his daughter Eloise and her abortion in its landmark decision Roe v. Wade. courtroom—attorneys, defendants, jurors, wit- husband Frank Reyes, who are both good In doing so, the Supreme Court brought an nesses and court personnel—consistently friends of mine. end to decades of State and Federal laws that found him to be well-prepared, respectful, and In fact, I gave Eloise Reyes a ‘‘Woman of outlawed or restricted abortions and put repro- courteous. I had the privilege of practicing law the Year’’ award in 1993, when I was in the ductive choice back in the hands of women before Judge Allsbrook on many occasions California State Legislature. She was recog- and gave them safe, medical options. prior to my election as Resident Superior nized for all her great work in the community, Since that time, however, a concerted and Court Judge when I became his colleague. and for being a true trailblazer as the first His- organized campaign aimed at diminishing this After serving as Senior Resident Superior panic, female attorney in the Inland Empire. momentous decision has succeeded in whit- Court Judge for over two decades, he retired Isaias always let everyone know that his tling down the original intent of the decision in September 2000 and worked as a mediator family was his greatest blessing. He cherished and now presents a very serious threat to the in the North Carolina judicial system. his time with them—especially the time he long-term security of Roe itself. Judge Allsbrook attended the Rosemary spent with his 9 grandchildren. I rise today not only to commemorate this Baptist Church for over 50 years. He was a Isaias will always be remembered for his important day in American history, but also to dedicated deacon, trustee and Sunday School amazing work ethic and his unending dedica- remind the supporters of Roe v. Wade that it teacher where he worked to enrich each per- tion to friends and family. His great influence is absolutely critical that the pro-choice move- son with whom he came into contact. He was on those around him is evidenced in the out- ment remain united and vigilant against all at- also dedicated to improving the community standing character of his children and grand- tempts to take away a woman’s right to through his involvement in the Kiwanis Club children. choose. As a member of the Pro-Choice Cau- where he served as president, and also the In addition to his children and grandchildren, cus, I promise to do my part and continue to Roanoke Rapids Chamber of Commerce Isaias is survived by his wife Jessie; his sis- oppose any attempts in Congress to limit, re- where he also served as president. Because ters Angelita, Alfonsina, and Isabel; and his strict or deny a woman’s reproductive rights. of his dedication and commitment to the com- brothers Joel, Jesus, and Arturo. In conclusion, I believe that it is imperative, munity, Judge Allsbrook received the Jaycees’ Let us take the time to pay tribute to this not only for women’s rights, but for women’s Distinguished Service Award and also re- wonderful man. Let us celebrate the life he health as well, that the United States not re- ceived the Boy Scouts of America Distin- lived and the example he led. turn to an era in which the government gets to guished Citizen Award. Although he is no longer with us, Isaias’s decide what a woman can and cannot do with Mr. Speaker, sadly, Judge Allsbrook’s de- legacy and spirit will continue to live on her own body. voted and loving wife Barbara passed away in through the lives of everyone he has touched. f February of last year—just 8 months before The thoughts and prayers of my wife Bar- Judge Allsbrook. Judge Allsbrook and his wife bara, my family and I are with his family at this JUDGE RICHARD B. ALLSBROOK Barbara reared two children, Barbara Alison time. POST OFFICE who resides in Roanoke, and Richard Jr., who f resides in Boston. SPEECH OF HONORING MR. STU PIKEN Judge Richard Allsbrook was indeed a pillar HON. G.K. BUTTERFIELD of the Halifax community. He was my dear OF NORTH CAROLINA friend and I am so proud to have known him. HON. MIKE FERGUSON IN THE HOUSE OF REPRESENTATIVES Roanoke Rapids, Halifax County, and the OF NEW JERSEY Tuesday, January 22, 2008 State of North Carolina is a better place be- IN THE HOUSE OF REPRESENTATIVES cause of Richard Allsbrook’s sacrifices and Wednesday, January 23, 2008 Mr. BUTTERFIELD. Mr. Speaker, I rise contributions on behalf of so many. today to honor a great leader and powerful fig- This legislation—H.R. 4211—has bipartisan Mr. FERGUSON. Madam Speaker, I rise to ure in North Carolina by naming the post of- support and is cosponsored by the entire honor Mr. Stu Piken upon his retirement from fice located at 725 Roanoke Avenue in Roa- North Carolina Congressional Delegation. It is civil service in February. noke Rapids, North Carolina as the Judge my hope that my colleagues here in the For the past 10 years, Mr. Piken has served Richard B. Allsbrook Post Office. Unfortu- House will join me and my North Carolina col- as Deputy District Engineer for Project Man- nately, Judge Allsbrook passed away on Octo- leagues in voting ‘‘aye’’ on H.R. 4211. agement in the New York District of the U.S. Army Corps of Engineers. He is the senior ci- ber 26, 2007, just a few months before we f were able to bestow upon him this great vilian responsible for more than $650 million in honor. HONORING ISAIAS R. GOMEZ projects for civil works, military, hazardous and Judge Allsbrook was a native of Halifax toxic waste remediation and interagency County, North Carolina—one of the largest HON. JOE BACA agreements. and most populated areas of my congres- OF CALIFORNIA After my first election to the House in 2000, sional district. He was born in 1929 to State IN THE HOUSE OF REPRESENTATIVES I have worked closely with him on a project of Senator Julian and Mrs. Frances Allsbrook. great importance to the 7th District that I rep- In his formative years, Richard Allsbrook at- Wednesday, January 23, 2008 resent, the Green Brook Flood Control Project. tended Roanoke Rapids High School where Mr. BACA. Madam Speaker, I stand here In September 1999, portions of my district he excelled academically. After graduating, today to honor and remember a community were devastated by Hurricane Floyd. Among Richard attended the University of North Caro- activist, friend, loving husband, and father— the areas hardest hit were the communities of lina, Chapel Hill where he received a bach- Isaias R. Gomez. Manville and Bound Brook, New Jersey. The elors of arts degree. He went on to attend law Isaias passed away on January 18, 2008 at flooding in these communities resulted in two school at the prestigious University of North his home in Colton, California. deaths, the evacuation of thousands of citi- Carolina School of Law, and subsequently He was born in Gallup, New Mexico, and zens, damages exceeding $100 million, major served for 4 years with the United States Navy was a resident of Colton, which is in my Con- disruption to municipal services, and disruption as a second lieutenant. gressional District, for almost 55 years. to the lives of thousands of my constituents. Mr. Speaker, after honorably serving his While born in New Mexico, Isaias was The Green Brook Flood Control Project country in the military, Richard returned to Ro- raised in Jalostotitlan, Jalisco, Mexico. There began in response to Floyd and other storms.

VerDate Aug 31 2005 04:48 Jan 24, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JA8.030 E23JAPT1 bajohnson on PROD1PC77 with REMARKS E68 CONGRESSIONAL RECORD — Extensions of Remarks January 23, 2008 The Army Corps of Engineers is implementing COMMENDING DISTRICT 02 FIRE Yellin, where they witnessed firsthand the im- the project—which includes a system of lev- DEPARTMENTS FOR A JOB WELL pact of this outstanding organization. Upon ees, flood walls, flood gates, pumping stations DONE their return, they joined the board of the Los and retention basins—to protect low-lying Angeles chapter and have worked diligently to communities along flood plains of the Raritan HON. STEVE ISRAEL help the AJC attain its important mission. River and its tributaries. Green Brook has re- OF NEW YORK Len graduated from UCLA and received his ceived more than $65 million in federal fund- IN THE HOUSE OF REPRESENTATIVES JD degree from Boalt Hall at UC Berkeley. Cathy also graduated from Berkeley. Len ing since 2001, and Mr. Piken has been in- Wednesday, January 23, 2008 began his legal career in New York, where his strumental in its progress. Mr. ISRAEL. Madam, Speaker. I rise today pro bono work in a death penalty case earned Before his current assignment, Mr. Piken to congratulate the brave men and women him a Thurgood Marshall Award from the New served in the North Atlantic Division, U.S. from the Deer Park, Lindenhurst, North Bab- York City Bar Association. When he relocated Army Corps of Engineers, on a special assign- ylon, West Babylon and Wyandanch Fire De- to Los Angeles, he joined the law firm of Le- ment as the Director of Programs. In that posi- partments. There is no question as to why the vine and Krom, now Levine and Unger, where firefighters belonging to the FDNY are consid- tion, he was responsible for the development he currently practices. ered New York’s bravest. The exemplary be- of the water resources program for the North- Cathy became involved in politics, first work- havior and actions of these fine individuals ing as a staff member for former Congress- east as well as the management of all military represent just that, bravery. design and construction in the Northeast and man Mel Levine during his tenure as a State When a fire broke out at Our Lady of Mirac- Assemblyman, and then as a political and Europe. ulous Medal Church in Wyandanch fire fight- non-profit fundraiser. Both Cathy and Len I join the U.S. Army Corps of Engineers in ers’ from not only this town, but surrounding have been politically active at local, State and thanking Stu Piken for his dedicated service— towns, joined together. They used their re- national levels. especially to the constituents I represent—and sources and managed to put out a fire that Their community interests involve many or- was large enough to severely damage the I wish him the best in his future endeavors. ganizations. Cathy was appointed to the board church rectory, food pantry and community of governors of the California Community Col- outreach center. They managed to achieve f leges. She is active on the local and national this with no fatalities or injuries. boards of Planned Parenthood and currently Our Lady of Miraculous Medal Church has TRIBUTE TO SERGEANT PHILLIP serves as chair of its Advocacy Project. She provided outreach services for over 30 years. A. BOCKS co-chaired the Women’s Political Committee. While it saddens me that an individual would Len is a member of the board and former intentionally start a fire at a place that has pro- chair of the southern California chapter of the vided such charity, I feel a sense of ease at HON. JOE KNOLLENBERG Arthritis Foundation and is a recipient of the knowing that the brave fire fighters worked so organization’s Jane Wyman Humanitarian OF MICHIGAN quickly to counter these acts. Award. He served as vice-chair of the national In closing, Madam Speaker, I want to com- IN THE HOUSE OF REPRESENTATIVES board of trustees of the Arthritis Foundation, mend the emergency responders for their and he currently sits on the board of Reprise! Wednesday, January 23, 2008 bravery and a job well done. I would also like Broadway’s Best, as well as on the boards of to express my deep gratitude to these men several charitable foundations. He also serves Mr. KNOLLENBERG. Madam Speaker, I and women for their services not only on De- as a trustee of the investment board of the want to pay tribute to a hero from my congres- cember 30th but on every day that they go out Los Angeles County Retirement Association. sional district, Sergeant Phillip A. Bocks of and risk their lives for others. Cathy and Len are the proud grandparents Troy, Michigan. Today, I ask that the House of f of Jack, Emma and Nate, children of Laura Representatives honor and remember this in- HONORING CATHY AND LEN and Randy Dudley; and of Dylan, daughter of credible young man who died serving his UNGER Susan and Daniel Unger. country. We ask our colleagues to join us in saluting Phillip Bocks was not one to back down HON. HOWARD L. BERMAN Cathy and Len Unger for their long-time com- from a challenge. From the time he was five OF CALIFORNIA mitment to public service. years old, Phillip insisted on skiing adult IN THE HOUSE OF REPRESENTATIVES courses, and at age fourteen, joined a hockey f Wednesday, January 23, 2008 league even though he had never worn a pair PERSONAL EXPLANATION of ice skates. While in high school, Phillip was Mr. BERMAN. Madam Speaker, my col- a member of the swim team, acted in plays, league, Congressman HENRY WAXMAN and I rise to pay tribute to our good friends, Cathy and developed a flair for cooking. HON. MIKE ROSS and Len Unger, who are being honored by the OF ARKANSAS After graduating from high school, Phillip American Jewish Committee, AJC, at the Ira joined the Marines in 2000 and was assigned E. Yellin Community Leadership Award Dinner IN THE HOUSE OF REPRESENTATIVES to the Marine Corps Mountain Warfare Train- on January 24, 2008. Wednesday, January 23, 2008 ing Center in Bridgeport, California. As an in- The AJC has chosen to recognize Cathy structor, Phillip trained Marines how to survive and Len, two remarkable leaders for their Mr. ROSS. Madam Speaker, on Tuesday, January 22, 2008, I was not present for votes and fight in rugged terrain. On November 9, deep commitment to ensuring equal opportuni- ties for all people and protecting their essential as my flight from Arkansas to Washington, 2007, while on a mission to a village near D.C. was delayed. Aranus, Afghanistan to make sure the resi- rights and liberties. For over 100 years, the AJC has been a vital organization in the Jew- Had I been present for rollcall No. 19, H.R. dents had medical supplies and food, Sgt. ish community. It has continued its efforts to 4211, a bill to designate the facility of the U.S. Bocks was killed in an ambush. combat anti-Semitism, promote pluralism and Postal Service located at 725 Roanoke Ave- My thoughts, prayers, and deepest gratitude democratic values, support Israel’s quest for nue in Roanoke Rapids, North Carolina, as for their sacrifice go to Phillip’s family. There peace and security, advocate for energy inde- the Judge Richard B. Allsbrook Post Office, I are no words that can relieve their pain and I pendence and strengthen Jewish life. would have voted ‘‘yea.’’ can only offer to convey my deep respect and As with all of us, Cathy and Len are the Had I been present for rollcall No. 20, H. highest appreciation. products of their family experiences. Len was Res. 866, a bill honoring the brave men and born in a displaced persons camp after his women of the United States Coast Guard Madam Speaker, Sgt. Bocks gave the ulti- parents survived the Holocaust. Although whose tireless work, dedication, and commit- mate sacrifice not only for the freedom and Cathy’s father is a native Angeleno, Cathy’s ment to protecting the United States have led security of his family and our country, but for mother fled Germany with her family in 1933. to the Coast Guard seizing over 350,000 the people of Afghanistan. I wish to remember Cathy and Len were introduced to the AJC pounds of cocaine at sea during 2007, far sur- his bravery and selflessness as he is honored by Cathy’s father, but their active participation passing all of our previous records, I would today. started after a trip to Israel, organized by Ira have voted ‘‘yea.’’

VerDate Aug 31 2005 04:48 Jan 24, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JA8.034 E23JAPT1 bajohnson on PROD1PC77 with REMARKS January 23, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E69 TWELVE PENELLAS COUNTY CIT- mendous work ethic. She will clearly be Captain Loren V. Heckelman served as IES HONORED BY THE ARBOR missed. Fleet Comptroller in the U.S. Atlantic Fleet DAY FOUNDATION In addition to her efforts at the Career Cen- from July, 2004 to June, 2007, administering a ter, she has consistently given back to the budget of $8.4 billion. HON. C.W. BILL YOUNG community through her volunteer work with Prior to July, 2004, he commanded the OF FLORIDA the Williamson County Chamber of Com- Fleet and Industrial Supply Center Norfolk, the IN THE HOUSE OF REPRESENTATIVES merce, the Carnton Plantation, the Heritage Navy’s largest supply center. In that position, Foundation of Franklin and Williamson County, Heckelman was also responsible for Program Wednesday, January 23, 2008 and the Dress for Success program. Manager, Supply and Logistics for the Com- Mr. YOUNG of Florida. Madam Speaker, Please join me in thanking Mary Lois McMil- mander, Navy Region Mid-Atlantic. twelve Pinellas County, Florida cities were lan for her contributions to our community and He has served in the United States Navy in honored by the Arbor Day Foundation this to Tennessee. We should all be proud of the several abroad tours. He served as supply of- year for their commitment to improving the en- work she has done. ficer for the nuclear powered aircraft carrier vironment. f USS Abraham Lincoln while on deployment to This Tree City USA designation recognizes the Persian Gulf and North Arabian Ocean IN RECOGNITION OF THE RETIRE- the commitment of towns and cities throughout and he was recognized as having the best MENT OF CAPTAIN DAVID MAR- our nation to preserving open lands and to service and sales operations among Navy air- TIN KARASEK FROM THE FLOR- beautify their streets and public lands through craft carriers. In June, 1995, he acted as the IDA HIGHWAY PATROL the planting of trees and other natural vegeta- Executive Officer in Yokosuka, Japan. tion. Pinellas County, which I have the privi- Heckelman was selected by the Undersec- lege to represent, has taken significant steps HON. JEFF MILLER retary of the Navy to serve in the Department to maintain and enhance our state’s natural OF FLORIDA of the Navy’s 1995 Base Realignment and beauty, even though it is Florida’s most IN THE HOUSE OF REPRESENTATIVES Closure team, acting as the Infrastructure An- densely populated county. Wednesday, January 23, 2008 alyst and the senior Supply Corps officer. The U.S. Forest Service’s Urban and Com- Mr. MILLER of Florida. Madam Speaker, on He served as the Executive Assistant to the munity Forestry program provides key federal behalf of the United States Congress, it is an Commander, Naval Informative Systems Man- support for these efforts through state and honor for me to rise today in recognition of agement Center in Washington, DC. local grants as well as with advice to local Captain David Martin Karasek upon his retire- Before receiving his master’s degree of community leaders. Together, this federal, ment from the Florida Highway Patrol. business administration from the University of state and local initiative is making our commu- Captain Karasek’s commitment to his coun- Michigan, he served on the USS Carl Vinson nities better places to live. try and community spans several decades. as Stock Control and Readiness Officer. The 12 Pinellas County communities hon- After serving in the United States Air Force for His first command was on the destroyer ored this year as Tree Cities USA are the six years, Captain Karasek attended the Flor- USS Bigelow, first as Distributing Officer and Town of Belleair led by Mayor George Mariani; ida Highway Patrol Training Academy where quickly advancing to Sales Officer. the City of Clearwater led by Mayor Frank he was appointed State Trooper on January 9, Highlighting his career in the United States Hibbard; the City of Dunedin led by Mayor 1978. For over ten years, Captain Karasek Navy, Captain Heckelman has earned many Robert Hackworth; the City of Gulfport led by served various communities in the State of awards including the Legion of Merit, Meri- Mayor Michael Yakes; the City of Largo led by Florida and attained numerous promotions. In torious Service Medal, Naval Commendation Mayor Patricia Gerard; the City of Oldsmar led 1990, Lieutenant Karasek transferred to the Medal, Navy Achievement Medal, Military Out- by Mayor Jim Ronecker; the City of Safety Florida Highway Patrol Training Academy standing Volunteer Service Medal, and the Harbor led by Mayor Andy Steingold; the City where his experience and dedication made Meritorious Unit Commendation award. of St. Petersburg led by Mayor Rick Baker; the him instrumental in the fashioning of future I would like to convey my gratitude and con- City of Seminole led by Jimmy Johnson; the State Troopers. A year later, Lieutenant gratulations to Captain Loren V. Heckelman City of South Pasadena led by Mayor Dick Karasek was promoted to Captain and District for his 28 year commitment to the United Holmes; the City of St. Pete Beach led by Commander, where he has served for almost States Navy and wish him the best in his fu- Mayor Ward Friszolowski; and the City of seventeen years. ture endeavors. Treasure Island led by Mayor Mary Maloof. Throughout his thirty year career with the f Madam Speaker, in closing, I would ask my Florida Highway Patrol, Captain Karasek has HONORING THE ACADEMY REVIEW colleagues in the House to join me in con- been awarded Trooper of the Month on six gratulating these 12 cities and the commitment BOARD AND ACADEMY NOMI- separate occasions, and in 1981 he was elect- NEES FOR 2008 of their residents to making them such special ed Exchange Club Trooper of the Year. From places to live, to work, and to play. 1992 to 1994, Captain Karasek served as Vice f President of the First Judicial Circuit Law En- HON. RODNEY P. FRELINGHUYSEN OF NEW JERSEY HONORING MARY LOIS MCMILLAN forcement Association. Escambia County and Northwest Florida communities are deeply in- IN THE HOUSE OF REPRESENTATIVES debted to Captain Karasek, whose continual Wednesday, January 23, 2008 HON. MARSHA BLACKBURN commitment provided safety and security for OF TENNESSEE Mr. FRELINGHUYSEN. Madam Speaker, our roads in Florida. every year, more high school seniors from the IN THE HOUSE OF REPRESENTATIVES Madam Speaker, on behalf of the United 11th Congressional District trade in varsity States Congress, I am proud to honor Captain Wednesday, January 23, 2008 jackets for Navy pea coats, Air Force flight David Martin Karasek for his enduring alle- Mrs. BLACKBURN. Madam Speaker, I ask suits, and Army brass buckles than most other giance to the State of Florida and our great my colleagues to join me in congratulating districts in the country. But this is nothing Nation. Mary Lois McMillan upon her retirement as a new—our area has repeatedly sent an above Career Counselor at WorkForce Essentials. f average portion of its sons and daughters to Since joining the Franklin Career Center HONORING CAPTAIN LOREN V. the Nation’s military academies for decades. more than fifteen years ago, she has been a HECKELMAN This fact should not come as a surprise. cornerstone in the center’s efforts to prepare The educational excellence of area schools is Williamson County citizens for new and chal- HON. THELMA D. DRAKE well known and has long been a magnet for lenging careers. During her tenure, the OF VIRGINIA families looking for the best environment in Williamson County office was recognized as which to raise their children. Our graduates IN THE HOUSE OF REPRESENTATIVES Career Center of the Year and received the are skilled not only in mathematics, science, Business Services Award on multiple occa- Wednesday, January 23, 2008 and social studies, but also have solid back- sions. Employers in the county trusted that Mrs. DRAKE. Madam Speaker, I would like grounds in sports, debate teams, and other any candidate she sent to them would be a to take this moment and thank my constituent, extracurricular activities. This diverse upbring- viable and well-prepared applicant. Mary Lois Captain Loren V. Heckelman, for his 28 years ing makes military academy recruiters sit up McMillan is known throughout WorkForce Es- of service in the U.S. Navy. Captain and take note—indeed, many recruiters know sentials as a dedicated team player with a tre- Heckelman retired on January 1, 2008. our towns and schools by name.

VerDate Aug 31 2005 04:48 Jan 24, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JA8.039 E23JAPT1 bajohnson on PROD1PC77 with REMARKS E70 CONGRESSIONAL RECORD — Extensions of Remarks January 23, 2008 Since the 1830s, Members of Congress emy nominating process, never let us forget York. For a century the members of the Clar- have enjoyed meeting, talking with, and nomi- the sacrifice they are preparing to make: to ence Hose Company have been volunteering nating these superb young people to our mili- defend our country and protect our citizens. to protect their neighbors. tary academies. But how did this process This holds especially true at a time when our The Clarence Center Volunteer Fire Com- evolve? In 1843, when West Point was the Nation is fighting the war against terrorism. pany became the first fire company in the sole academy, Congress ratified the nomi- Whether it is in Afghanistan, the Iraq, or other Town of Clarence in 1908. The company nating process and became directly involved hot spots around the world, no doubt we are began as a stock company and was able to in the makeup of our military’s leadership. This constantly reminded that wars are fought by purchase a hand drawn hose cart and chem- was not an act of an imperial Congress bent the young. And, while our military missions are ical fire extinguishers. Land for a fire hall was on controlling every aspect of Government. both important and sometimes dangerous, it is donated to the Fire Company by a local busi- Rather, the procedure still used today was, reassuring to know that we continue to put nessman, and fundraising for the construction and is, a further check and balance in our de- America’s best and brightest in command. began in July 1908 with the First Firemen’s mocracy. It was originally designed to weaken ACADEMY NOMINEES FOR 2008, 11TH picnic in Clarence. With the help of a local and divide political coloration in the officer CONGRESSIONAL DISTRICT NEW JERSEY farmer, Wesley Williams, the Company raised corps, provide geographical balance to our AIR FORCE ACADEMY enough money to construct Williams Hall. armed services, and to make the officer corps Chelsea A. Bailey, Chatham, Academy of more resilient to unfettered nepotism and Arts Science & Engineering. The year 1922 marked a milestone for the handicapped European armies. Phillip XG Choy, Basking Ridge, Ridge Clarence Center Volunteer Fire Company. In In 1854, Representative Gerritt Smith of H.S. February of this year the Company was able New York added a new component to the Kenneth A. Natelli, Andover, Lenape Val- to purchase its first fire truck. The acquisition academy nomination process—the academy ley H.S. of this truck was important to the protection review board. This was the first time a Mem- Ethan J. Proll, West Caldwell, Trinity that the fire company offered the people in ber of Congress appointed prominent citizens Christian School. Clarence. Additionally, the first annual Labor from his district to screen applicants and as- William D. Thimmel, Pompton Plains, Don Day Picnic was held in 1922. This is a time- Bosco. sist with the serious duty of nominating can- honored event in the town of Clarence; not didates for academy admission. Today, I am MERCHANT MARINE ACADEMY only is it a way for the fire company to raise honored to continue this wise tradition in my Michael C. Jones, Basking Ridge, Ridge funds for improvements to the equipment used service to the 11th Congressional District. H.S. to serve the people of Clarence, but it is an The Academy Review Board is composed of Leslie M. Martin, Parsippany, DePaul H.S. Jack A. Morado, West Caldwell, St. Bene- event that families throughout the town look six local citizens (several of whom are distin- dicts Prep. forward to every year. guished veterans) who have shown exemplary Evan Prill, Boonton, Boonton H.S. Since its beginnings the Clarence Volunteer service to New Jersey, to their communities, Matthew J. White, Bloomingdale, Butler Fire Company has become an indispensable and to the continued excellence of education H.S. part of the town. The Company remains com- in our area. Though from diverse backgrounds MILITARY ACADEMY mitted to providing fire, rescue, and EMS serv- and professions, they all share a common Brian P. Greely, Lake Hopatcong, Pope ices to the citizens that reside within the dis- dedication that the best qualified and moti- John XXIII. trict boundaries. They’ve continued to meet vated graduates attend our academies. And, Travis Hughes, Randolph, Randolph H.S. as true for most volunteer groups, their service Vincent J. Lally, Sparta, Sparta H.S. the needs of the rapidly growing population of goes largely unnoticed. James J. Mariani, Fairfield, West Essex Clarence Center. As we reach the 100th anni- I would like to take a moment to recognize H.S. versary of this fire company the volunteers these men and women and thank them pub- Mark E. McConnell, Lake Hopatcong, Jef- continue to dedicate themselves to serve and licly for participating in this important panel. ferson H.S. assist the members of their community. Alexander G. Pagoulatos, Basking Ridge, Being on the Board requires hard work and an Ridge H.S. Thus Madam Speaker, in recognition of its objective mind. Members have the responsi- Jason S. Rothamel, Basking Ridge, Ridge 100th Anniversary of tremendous service in bility of interviewing upwards of 50 outstanding H.S. the Town of Clarence, I ask this honorable high school seniors every year in the academy Brendan J. Ward, Chatham, Chatham H.S. body join me in honoring the Clarence Center review process. NAVAL ACADEMY Volunteer Fire Company. The nomination process follows a general William B. Brundage, New Vernon, The timetable. High school seniors mail personal Pingry School. f information directly to the Military Academy, Aaron Z. Dewitt, Mendham, W. Morris the Naval Academy, the Air Force Academy, Mendham H.S. HONORING HRANT DINK and the Merchant Marine Academy once they Katherine S. Drainsfield, Bridgewater, become interested in attending. Information in- Bridgewater-Raritan H.S. cludes academic achievement, college entry Zachery R. Hoyt, Morristown, Delbarton HON. ZOE LOFGREN test scores, and other activities. At this time, School. OF CALIFORNIA they also inform my office of their desire to be Anthony J. Kline, Boonton, Seton Hall Prep. IN THE HOUSE OF REPRESENTATIVES nominated. Kenneth L. Miltenberger, Mendham, The academies then assess the applicants, Mendham H.S. Wednesday, January 23, 2008 rank them based on the data supplied, and re- Kevin A. Petty, Succasunna, Roxbury H.S. turn the files to my office with their notations. Colin R. Price, North Caldwell, Home Ms. ZOE LOFGREN of California. Madam In late November, our Academy Review Board School. Speaker, I rise today to honor Hrant Dink. He interviews all of the applicants over the course Nicholas G. Tepfenhart, Long Valley, West was a Turkish-Armenian journalist and a de- of two days. They assess a student’s qualifica- Morris Central. David C. Wenger, Montville, Montville H.S. fender of the freedom of the press. His belief tions and analyze character, desire to serve, in this freedom never wavered despite his and other talents that may be hidden on f prosecution and conviction under Article 301 paper. of the Turkish Penal Code, which makes it a This year the board interviewed 38 appli- HONORING THE 100TH ANNIVER- crime to discuss the Armenian Genocide. cants. Nominations included 10 to the Naval SARY OF THE CLARENCE CEN- Sadly, Mr. Dink’s life was taken one year ago Academy, 8 to the Military Academy, 5 to the TER VOLUNTEER FIRE COMPANY on January 19, 2007. Merchant Marine Academy, and 5 to the Air Force Academy—the Coast Guard Academy HON. THOMAS M. REYNOLDS I am proud to cosponsor H. Res. 102, which does not use the congressional nomination OF NEW YORK condemns the assassination of Hrant Dink. process. The recommendations are then for- IN THE HOUSE OF REPRESENTATIVES This bill urges the Turkish government to con- warded to the academies by January 31, tinue to investigate and prosecute those re- Wednesday, January 23, 2008 where admissions staff reviewed files and noti- sponsible for Mr. Dink’s murder and to protect fied applicants and my office of their final deci- Mr. REYNOLDS. Madam Speaker, it is with the freedom of speech in Turkey by repealing sion on admittance. great pride that I rise today to commemorate Article 301. The repeal of this Article will en- As these highly motivated and talented the 100th Anniversary of the Clarence Center sure that Hrant Dink’s legacy will live on and young men and women go through the acad- Volunteer Fire Company of Clarence, New that his death will not have been in vain.

VerDate Aug 31 2005 04:48 Jan 24, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JA8.043 E23JAPT1 bajohnson on PROD1PC77 with REMARKS January 23, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E71 HONORING MARY LOUISE SUNSET MEMORIAL sworn oath and our God-given responsibility PLUNKETT as we broke faith with nearly 4,000 innocent HON. TRENT FRANKS American babies who died without the protec- OF ARIZONA tion we should have been given them. HON. JOSEPH CROWLEY IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I believe that this discus- sion presents this Congress and the American Wednesday, January 23, 2008 OF NEW YORK people with two destiny questions. IN THE HOUSE OF REPRESENTATIVES Mr. FRANKS of Arizona. Madam Speaker, The first that all of us must ask ourselves is because the end of the hour grows close, I very simple: Does abortion really kill a baby? Wednesday, January 23, 2008 would now come before this body with a sun- If the answer to that question is ‘‘yes,’’ there set memorial. We intend to repeat this from is a second destiny question that inevitably fol- Mr. CROWLEY. Madam Speaker, I rise to time to time to chronicle the loss of life by lows. And it is this, Madam Speaker: Will we pay tribute and say thanks to Mary Louise abortion on demand in this country. allow ourselves to be dragged by those who Plunkett one of the most influential people in Madam Speaker, it is January 23, 2008, in have lost their way into a darkness where the my life for more than 25 years, and one of the the land of the free and the home of the light of human compassion has gone out and most valued members of the Queens commu- brave, and before the sun sets today in Amer- the predatory survival of the fittest prevails nity for more than 50. ica, almost 4,000 more defenseless unborn over humanity? Or will America embrace her I was blessed to meet Mary Lu in my early children were killed by abortion on demand destiny to lead the world to cherish and honor twenties, when I stopped into the Queens just today. the God-given miracle of each human life? Exactly 35 years today, the tragic judicial Democratic County Headquarters while run- Madam Speaker, it has been said that every fiat called Roe v. Wade was handed down. baby comes with a message, that God has not ning errands for my Uncle Walter. That day Since then, the very foundation of this Nation yet despaired of mankind. And I mourn that was the start of one of the important friend- has been stained by the blood of almost 50 those 4,000 messages sent to us today will ships in my personal and political life. million children. Madam Speaker, that is more never be heard. Madam Speaker, I also have But, long before Mary Lu became a valued than 16,000 times the number of innocent not yet despaired. Because tonight maybe part of my life, she was already a valued and lives lost on September 11. someone new, maybe even someone in this well-established force in Queens County. Each of the 4,000 children that we lost Congress, who heard this sunset memorial will Brooklyn-born Mary Lu moved to Jackson today had at least four things in common. finally realize that abortion really does kill a They were each just little babies who had baby, that it hurts mothers more than anyone Heights in 1949 with her husband, Jack. Mary done nothing wrong to anyone. And each one else, and that nearly 50 million dead children Lu was quick to engage in her community and of them died a nameless and lonely death. in America is enough. And that America is church, and we were just as quick to forgive And each of their mothers, whether she real- great enough to find a better way than abor- Mary Lu for her Brooklyn past. izes it immediately or not, will never be the tion on demand. Mary Lu’s foray into politics started when same. And all the gifts that these children So tonight, Madam Speaker, may we each she joined the Amerind Democratic Club. She might have brought to humanity are now lost remind ourselves that our own days in this went on to volunteer at Queens County Demo- forever. sunshine of life are numbered and that all too cratic Headquarters, where she became a full Madam Speaker, those noble heroes lying soon each of us will walk from these Cham- time member of the staff in 1956. While work- in frozen silence out in Arlington National bers for the very last time. ing at County headquarters, Mary Lu served Cemetery did not die so America could shred And if it should be that this Congress is al- some of Queens finest leaders, including her own Constitution, as well as her own chil- lowed to convene on another day yet to come, Moses Weinstein, Jim Roe and Tom Manton. dren, by the millions. It seems that we are may that be the day that we hear the cries of the unborn at last. May that be the day we And, her influence on them and our commu- never quite so eloquent as when we decry the find the humanity, the courage, and the will to nity was felt by all. genocidal crimes of past generations, those who allowed their courts to strip the black man embrace together our human and our constitu- No political event or dinner was held without and the Jew of their constitutional personhood, tional duty to protect the least of these, our Mary Lu and her charm. She helped to wel- and then proceeded to murderously desecrate tiny American brothers and sisters, from this come such dignitaries as Jack Kennedy, TED millions of these, God’s own children. murderous scourge upon our Nation called KENNEDY, Jimmy Carter, Hugh Carey, Ed Yet even in the full glare of such tragedy, abortion on demand. Koch, Mario Cuomo, and Bill and HILLARY this generation clings to blindness and invin- This is a sunset memorial, Madam Speaker. CLINTON in to our Queens family. cible ignorance while history repeats itself and It is January 23, 2008, in the land of free and the home of the brave. Her intelligence, warmth and kindness made our own genocide mercilessly annihilates the all people feel welcome and comfortable. most helpless of all victims to date, those yet f unborn. However, Mary Lu’s reach went far beyond NEW TREATMENT FOR HIV/AIDS Perhaps it is important for those of us in this local politics. When she was not at County Chamber to remind ourselves again of why we HON. MARY BONO MACK headquarters, she was working to create a are really all here. OF CALIFORNIA better Queens. For example, she hosted an Thomas Jefferson said, ‘‘The care of human IN THE HOUSE OF REPRESENTATIVES annual fundraiser to help the children of St. life and its happiness and not its destruction is Gertrude’s Parish in Far Rockaway. the chief and only object of good govern- Wednesday, January 23, 2008 On top of all she does for others, most im- ment.’’ Mrs. BONO MACK. Madam Speaker, I rise portant to her is her role as mother and grand- Madam Speaker, protecting the lives of our today to celebrate the approval of a new treat- mother. There is nothing Mary Lu won’t or innocent citizens and their constitutional rights ment that will provide renewed health and hasn’t done for her two children—Steven and is why we are all here. It is our sworn oath. hope for people living with HIV/AIDS. On Fri- Jamie and her three grandchildren—Matthew, The phrase in the 14th amendment capsulizes day, January 18, 2008, the Food and Drug Christopher and Caroline. our entire Constitution. It says: ‘‘No state shall Administration approved INTELENCE TM, for deprive any person of life, liberty or property the treatment of HIV infection. Tibotec Thera- I have tremendous respect for Mary Lu and without due process of law.’’ peutics innovative efforts in developing new, all she has accomplished, but as her friend I The bedrock foundation of this Republic is effective treatments for people living with HIV/ am most proud of how she has led her family. the Declaration, not the casual notion, but the AIDS should be commended. In the coming weeks, my fellow friends and Declaration of the self-evident truth that all We are all aware of the success HIV thera- colleagues in Queens will gather to honor human beings are created equal and endowed pies have had on prolonging and enhancing Mary Lu for her lifetime of service to Queens, by their creator with the unalienable rights of the quality of life for those infected with HIV/ New York. life, liberty and the pursuit of happiness. Every AIDS. As the infected population lives longer conflict and battle our Nation has ever faced and becomes increasingly resistant to current We will applaud her for her charity, wit and can be traced to our commitment to this core treatment regimens, there is a growing need political skill. And, I will thank her for being a self-evident truth. It has made us the beacon to focus on access to newer therapies for mentor and friend. of hope for the entire world. It is who we are. treatment experienced. HIV drug manufactur- Mary Lu, congratulations on a lifetime of And yet today, Madam Speaker, in this body ers are being challenged to meet the treat- achievements. we fail to honor that commitment. We fail our ment needs of this changing population.

VerDate Aug 31 2005 04:48 Jan 24, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JA8.047 E23JAPT1 bajohnson on PROD1PC77 with REMARKS E72 CONGRESSIONAL RECORD — Extensions of Remarks January 23, 2008 INTELENCE TM, also known as TMC125, is To her parents, Erving and Joyce Wolf; and Mali’s Salif Keita. After moving to New York in the first new drug in the NNRTI class to be two brothers, Daniel Wolf and Matthew Wolf; 1990, he worked in marketing for Island approved in a decade. It brings new hope to and on behalf of the House of Representa- Records, Gee Street Records, and Verve, HIV patients, whose HIV virus has become re- tives, we extend our deepest sympathy. wrote for magazines and served as the DJ for sistant to other HIV therapies, including drugs f jazz giant Ornette Coleman’s 70th birthday in the same NNRTI class. party. Mr. Terrell was also an accomplished Tibotec Therapeutics has worked with the HONORING JUDGE PHILLIP FIGA photographer who photographed hundreds of HIV patient and physician communities in the musicians in performance. 45th Congressional district among many oth- HON. THOMAS G. TANCREDO Back in Washington, one of his final projects ers during the development and approval of OF COLORADO was to write liner notes and record video inter- INTELENCE TM. The results of these efforts IN THE HOUSE OF REPRESENTATIVES views for a six-CD box set of Miles Davis’s and clinical trials have been positive; patients Wednesday, January 23, 2008 ‘‘On the Corner’’ recordings of the early are achieving and maintaining suppressed 1970s. viral loads with minimal side effects. Notably, Mr. TANCREDO. Madam Speaker, I rise Mr. Terrell was much more than a talented TM the FDA approved INTELENCE through an today to pay tribute to U.S. District Judge Phil- writer and musicologist with a gift for discov- accelerated approval procedure—a process lip Figa, who passed away earlier this month ering artists and musical developments. He that is reserved for the early approval of drugs at his home in Greenwood Village, Colorado was a radiant, joyful presence, whose enthu- that show a meaningful therapeutic advantage after a struggle with cancer. siasm and appreciation for life, music, and a over existing treatments for serious or life- A native of Chicago, Illinois, Judge Figa re- good joke will continue to inspire those who threatening diseases. ceived his legal credentials from Cornell Law I applaud the fact that Americans living with were fortunate enough to know him. Above all, School in 1976 before becoming a highly-suc- his life represented the ideal that music could HIV/AIDS will now have access to a new and cessful litigation lawyer and co-founding the important treatment option, affording them the be a beneficial force in the world, uniting peo- Burns, Figa & Will P.C. law group, where he ple across racial, social and geographical possibility of living healthier and productive built a reputation for fairness and impartiality. lives. boundaries. This was his magic. He became Chair of the Colorado Bar Asso- As his sister Bevadine Z. Terrell says, ‘‘He f ciation Ethics Committee in 1984 and eventu- loved bringing new music to people. He loved HONORING THE LIFE OF DIANE ally President of the Association in 1995. bringing people together, not just African WOLF In 2003 President Bush appointed Judge Americans, but white people, Asian people, Figa to the U.S. District Court for Colorado African people.’’ HON. JOHN L. MICA where he served our nation as a fair and dedi- Mr. Terrell set a great example of commu- OF FLORIDA cated jurist. Colorado has lost a fine public nity for artists to follow. ‘‘How can I help you?’’ IN THE HOUSE OF REPRESENTATIVES servant with the passing of Judge Figa. Our was a question Tom was always asking. May best wishes and heartfelt condolences go out Wednesday, January 23, 2008 his memory serve as a reminder to all of us to all who knew and loved him. to keep asking that question. Mr. MICA. Madam Speaker, I rise today to f f honor the life and special contributions of Diane Wolf who passed away unexpectedly at TRIBUTE TO TOM TERRELL PERSONAL EXPLANATION age 53 on January 12, 2008. Our nation’s capital city has lost one of its HON. ANTHONY D. WEINER HON. LUCILLE ROYBAL-ALLARD great cultural patrons. The Wolf family has lost OF NEW YORK OF CALIFORNIA a beloved daughter, sister and loved one and IN THE HOUSE OF REPRESENTATIVES I have lost a wonderful friend. Diane Wolf was IN THE HOUSE OF REPRESENTATIVES blessed to be part of one of America’s most Wednesday, January 23, 2008 Wednesday, January 23, 2008 successful families. Through the years, I have Mr. WEINER. Madam Speaker, I rise today Ms. ROYBAL-ALLARD. Madam Speaker, I had the privilege of knowing and working with to honor Tom Terrell, a versatile music jour- was unavoidably detained and was not her. She devoted her boundless energy, time nalist, promoter and DJ, who was among the present for rollcall Nos. 19 and 20 on Tues- and resources to advance history, art and cul- first industry insiders to focus attention on day, January 22. Had I been present, I would ture not only for Washington, D.C., but also for reggae and world music. Tom was a corner- have voted ‘‘yea’’ on rollcall No. 19 to suspend the people of our country. I had the honor of stone of the New York music community for the rules and pass H.R. 4211 to designate the working with her to raise private funds for con- 16 years before returning to his native Wash- facility of the United States Postal Service lo- struction of the new visitor center for our U.S. ington, DC, where he passed away on No- cated at 725 Roanoke Avenue in Roanoke Capitol building. Her service on numerous vember 29, 2007, after a brave battle with Rapids, NC, as the ‘‘Judge Richard B. boards aided the National Archives, the Ken- prostate cancer. He was 57 years old. Allsbrook Post Office’’ and ‘‘yea’’ on rollcall nedy Center, the National Gallery of Art, and Mr. Terrell, who was ubiquitous in Wash- No. 20 to suspend the rules and pass H. Res. the Smithsonian Institution. ington music circles in the 1970s and 1980s, 866 honoring the brave men and women of In New York City, Diane Wolf was renowned seemed to know everyone and to be ahead of the United States Coast Guard whose tireless for her work and support of the Metropolitan every trend. After beginning his journalistic ca- Museum of Art, the Whitney Museum of Amer- work, dedication, and commitment to pro- reer at Howard University, he worked as a tecting the United States have led to the ican Art, and the Frick Collection. disc jockey at local stations and wrote about Miss Wolf was appointed by President Coast Guard seizing over 350,000 pounds of music for the Unicorn Times, the Washington Reagan in 1985 to serve on the U.S. Commis- cocaine at sea during 2007, far surpassing all City Paper, and other publications. As the sion of Fine Arts. She also served on the U.S. of our previous records. house DJ at d.c. space and the 9:30 Club, he Senate Preservation Board of Trustees, and f introduced audiences to an eclectic selection the Washington National Opera Board of of records reflecting his interest in soul, jazz, HONORING JEANNIE HASTINGS Trustees. A graduate of the University of Pennsylvania New Wave, reggae, and African music. and with a master’s degree from Columbia Mr. Terrell’s unique, humorous, insightful, HON. MARSHA BLACKBURN University, she went on to earn a law degree and always honest voice was ubiquitious in OF TENNESSEE from Georgetown University. places such as Vibe, Essence, JazzTimes, the IN THE HOUSE OF REPRESENTATIVES Village Voice and National Public Radio. Mr. Miss Wolf also served as president of the Wednesday, January 23, 2008 Capitol Hill Federal Bar Association. Terrell’s journalism was often a spirited blend Of all the individuals I have worked with in of autobiography and musicology, leavened Mrs. BLACKBURN. Madam Speaker, this our nation’s capitol during the past three dec- with slang, profanity, and the knowledge of weekend, the Family and Children’s Services ades, no one has been more personally dedi- every trend in popular music for the past half- of Nashville, Davidson County, TN will honor cated to making a difference in promoting ar- century. He wrote about virtually every form of the dedication and service of a trusted and tistic and cultural endeavors than Diane Wolf. music from Africa and the Americas. treasured volunteer, the late Jeannie Hastings. Miss Wolf was born in Cheyenne, Wyoming Between his DJ work and writing, he pro- Jeannie loved the organization and served it and raised in Denver, maintained residences moted concerts for artists as diverse as Cab well, providing both guidance and leadership in New York City and Washington, D.C. Calloway, the Art Ensemble of Chicago and as it worked to fulfill its mission to provide

VerDate Aug 31 2005 04:48 Jan 24, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JA8.050 E23JAPT1 bajohnson on PROD1PC77 with REMARKS January 23, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E73 needed services to Nashville families. Jeannie Unfortunately, over the years, the Supreme struggle to ensure the freedoms of all Ameri- Hastings loved people and loved doing good Court has weakened some of these basic pro- cans to pursue their dreams. for her community. It was apparent in how she tections in ways that Congress never in- chose to spend her time and energy—working tended. They have undermined the protections f for a better quality of life for everyone. for workers, for older Americans, for the dis- Mrs. Hastings graduated from Milan High abled, for racial and ethnic minorities, for FAMILY SECURITY AND SMALL School and with honors from the University of women, and for those in the military. So today, BUSINESS STIMULUS ACT OF 2008 Tennessee, Knoxville. With her husband Jim, I join Senator EDWARD KENNEDY in introducing she raised three sons and co-founded the Civil Rights Act of 2008 to restore workers’ HON. JOE KNOLLENBERG Hastings Architecture Associates, LLC. As a rights and strengthens and reaffirms our com- OF MICHIGAN mitment to the promise of equal opportunity. community leader, she served as president of IN THE HOUSE OF REPRESENTATIVES the University of Tennessee National Alumni The bill corrects the misinterpretations of our Association, chairman of the Nashville Sym- civil rights laws that have left too many Amer- Wednesday, January 23, 2008 phony Board and was a member of the Volun- ican workers without a remedy when they Mr. KNOLLENBERG. Madam Speaker, I teer Council Board of Directors for the Amer- have suffered discrimination. rise today to introduce the Family Security and ican Symphony Orchestra League and the The relationship between workers and civil Small Business Stimulus Act of 2008. It is im- Nashville Chamber of Commerce Board. rights in America runs wide and deep. It was possible to ignore the economic indicators that She also chaired the Nashville Downtown the laborers—the sharecroppers, the sanita- suggest our economy is slowing down. In my Partnership Board, the Women’s Fund of the tion workers, the teachers, the students, the own home State of Michigan, citizens have Community Foundation Advisory Board, the construction workers, and the street sweep- been faced with a sluggish economy for some TSU Foundation Board, the Nashville Sym- ers—who tore down the walls of racial seg- time now. We can and should take steps to phony Guild, the Arthritis Foundation Nashville regation in the South. It is these ordinary men give the economy a shot in the arm. This is a and women with extraordinary vision who branch and the Heart Gala Board of Directors. problem facing all Americans, and it will take have sacrificed their lives in confrontations She also found time to serve on the Family a strong, bipartisan effort to solve it. throughout American history to help build this and Children’s Services Board, the Nashville One important way to address this problem democracy. We cannot stand by and let their Sports Council Board and the University of is to reduce the tax burden on families and hard-earned victories be erased. Tennessee Alumni Board of Governors. She small businesses. My bill utilizes three ideas This bill better protects workers from dis- was also a member of the Downtown Ex- crimination in agencies that receive Federal to accomplish these goals: a new, permanent change Club and Leadership Nashville. money, defends students against harassment, 5 percent tax bracket; an instant advance on Madam Speaker, I ask my colleagues to join fortifies civil rights for State employees, and this tax cut for 2008; and increasing the limit me in reflecting on the remarkable example of prevents employers from forcing workers to of small business expensing. balancing family, business and community give up their right to a day in court. It also en- The Family Security and Small Business service that Jeannie set. I am so pleased to sures remedies for undocumented workers Stimulus Act of 2008 will create a new, perma- count myself among the many Tennesseans who are victims of unfair labor practices. It re- nent 5 percent tax bracket, reducing taxes by who are better for having known her. stores the individual right to challenge prac- either $400 for an individual or $800 for a fam- f tices that have an unjustified discriminatory ef- ily per year. This is critical as we try to enable fect based on race, color, national origin, dis- families to keep more of their hard-earned INTRODUCTION OF THE CIVIL ability, age, or gender. It ensures that mem- money in their pockets, allowing them to use RIGHTS ACT OF 2008 bers of the Armed Forces who work for State it for their ever-increasing expenses. Families governments are protected from discrimina- would receive this tax cut in the form of an in- HON. JOHN LEWIS tion. stant advance payment, to be delivered upon OF GEORGIA If you work for a State government, you 30 days after enactment. IN THE HOUSE OF REPRESENTATIVES should have the same protections from dis- Additionally, my bill will increase the Section crimination as a person working in private in- 179 small business expensing limit from Wednesday, January 23, 2008 dustry—but the courts didn’t see it that way. $125,000 to $375,000 per year for 2 years. In- Mr. LEWIS of Georgia. Madam Speaker, Students who are victims of sexual harass- creasing the amount a small business could today I rise to introduce the Civil Rights Act of ment shouldn’t have to meet a higher standard expense encourages capital purchases. When 2008. This legislation will keep the promise of of proof than their teachers—but the courts a small business knows it can expense a new equality that this Congress has made in pass- didn’t see it that way. Members of the uni- purchase, it is more likely to make the invest- ing our civil rights laws and ensure that dis- formed services should be able to get relief if ment. Enabling small businesses to invest in criminators are held accountable for their ac- they are discriminated against while they are new equipment and expand their operations tions. Over the years, Congress has ad- on active military duty, whether they are em- will promote significant economic growth at a dressed some of our most pressing civil rights ployees of State governments or the private time when job creation is crucial. concerns by passing bipartisan legislation, leg- industry—but the courts didn’t see it that way. We shouldn’t stop here. We need to make islation that protects American workers from The struggle for civil rights is beyond one the 2001 and 2003 tax cuts permanent, and discrimination on the basis of color, race, reli- bill, one vote, or one judicial decision. It’s be- pass other important pro-growth legislation. gion, age, disability, and sex. Our civil rights yond one Presidential term or act of Congress. But this is something we can come together laws have strengthened our country, providing Ours is the struggle of a lifetime, and each and accomplish quickly. opportunity to those who had been denied op- generation, each citizen, each president and It is time for us to lift ourselves out of our portunity and affording the Nation the benefit each member of Congress must do his or her current economic slowdown and restore our of abilities that would have otherwise been part. Together all of our efforts comprise the strength in the global economy. That is why I wasted. They have brought us closer to the struggle of a nation to build the beloved com- have introduced this legislation. I hope you will beloved community where all people are able munity, a nation at peace with itself and its help America succeed by joining me on this to succeed based on their abilities. own ideals. This bill is just another step in that important legislation.

VerDate Aug 31 2005 04:48 Jan 24, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JA8.053 E23JAPT1 bajohnson on PROD1PC77 with REMARKS E74 CONGRESSIONAL RECORD — Extensions of Remarks January 23, 2008 SENATE COMMITTEE MEETINGS JANUARY 30 FEBRUARY 7 Title IV of Senate Resolution 4, 10 a.m. 10 a.m. agreed to by the Senate on February 4, Budget Commerce, Science, and Transportation 1977, calls for establishment of a sys- To hold hearings to examine the eco- To hold hearings to examine the nomina- tem for a computerized schedule of all nomic stimulus, focusing on budget tions of Robert A. Sturgell, of Mary- policy for a strong economy over the meetings and hearings of Senate com- land, to be Administrator of the Fed- short-and long-term budget outlook. eral Aviation Administration, and mittees, subcommittees, joint commit- SD–608 tees, and committees of conference. Simon Charles Gros, of New Jersey, to Environment and Public Works be an Assistant Secretary, both of the This title requires all such committees To hold hearings to examine the threats Department of Transportation. to notify the Office of the Senate Daily and protections for the polar bear. SR–253 Digest—designated by the Rules Com- SD–406 mittee—of the time, place, and purpose Finance FEBRUARY 12 of the meetings, when scheduled, and To hold hearings to examine private fees for service in Medicare Advantage 10 a.m. any cancellations or changes in the Judiciary meetings as they occur. plans. SD–215 To hold hearings to examine pending ju- As an additional procedure along dicial nominations. with the computerization of this infor- Judiciary To hold oversight hearings to examine SD–226 mation, the Office of the Senate Daily the Department of Justice. Digest will prepare this information for SH–216 FEBRUARY 13 printing in the Extensions of Remarks Small Business and Entrepreneurship 9:30 a.m. section of the CONGRESSIONAL RECORD To hold hearings to examine the Small Veterans’ Affairs on Monday and Wednesday of each Business Administration’s account- To hold hearings to examine the Presi- week. ability, focusing on the efficacy of dent’s proposed budget request for fis- Meetings scheduled for Thursday, women’s contracting and lender over- cal year 2009 for veterans programs. January 24, 2008 may be found in the sight. SR–418 Daily Digest of today’s RECORD. SR–428A FEBRUARY 27 MEETINGS SCHEDULED JANUARY 31 2:30 p.m. JANUARY 29 10:30 a.m. Commerce, Science, and Transportation Aging 10 a.m. Space, Aeronautics, and Related Agencies Budget To hold hearings to examine elderly vot- ers, focusing on opportunities and chal- Subcommittee To hold hearings to examine the long- To hold hearings to examine the Presi- term budget outlook. lenges for the 2008 election. dent’s proposed budget request for fis- SD–608 SH–216 cal year 2009 for the National Space Finance To hold hearings to examine the nomina- FEBRUARY 5 and Aeronautics Administration tion of Douglas H. Shulman, of the Dis- 9:30 a.m. (NASA). trict of Columbia, to be Commissioner Veterans’ Affairs SR–253 of Internal Revenue, Department of the To continue oversight hearings to exam- Treasury. ine veterans disability compensation. SD–215 SR–418

VerDate Aug 31 2005 04:48 Jan 24, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\M23JA8.000 E23JAPT1 bajohnson on PROD1PC77 with REMARKS Wednesday, January 23, 2008 Daily Digest Senate offer an apology to all Native Peoples on behalf of Chamber Action the United States. Page S158 Routine Proceedings, pages S157–S223 Dorgan Amendment No. 3899, in the nature of Measures Introduced: Six bills and four resolutions a substitute. Page S158 were introduced, as follows: S. 2545–2550, and S. Sanders Amendment No. 3900 (to Amendment Res. 421–424. Page S207 No. 3899), to provide for payments under sub- sections (a) through (e) of section 2604 of the Low- Measures Passed: Income Home Energy Assistance Act of 1981. American Printing House for the Blind 150th Page S158 Anniversary: Senate agreed to S. Res. 421, honoring FISA Amendments Act: Senate began consider- the 150th anniversary of the American Printing ation of S. 2248, to amend the Foreign Intelligence House for the Blind. Pages S214–15 Surveillance Act of 1978, to modernize and stream- Commending Louisiana State University Tigers line the provisions of that Act. Pages S179–94 Football Team: Senate agreed to S. Res. 422, com- By the authority of the Committee on the Judici- mending the Louisiana State University Tigers foot- ary, the amendment in the nature of a substitute re- ball team for winning the 2007 Bowl Championship ported by the Committee on the Judiciary was Series national championship game. Page S215 modified. Page S184 Return of the USS Pueblo: Senate agreed to S. A unanimous-consent agreement was reached pro- Res. 423, seeking the return of the USS Pueblo to viding for further consideration of the bill at ap- proximately 9:30 a.m., on Thursday January 24, the United States Navy. Page S215 2008. PageS S215–216 Electing the Secretary for the Majority: Senate Nominations Received: Senate received the fol- agreed to S. Res. 424, electing Lula Johnson Davis, lowing nominations: of Maryland, as Secretary for the Majority of the Sen- Anita K. Blair, of Virginia, to be an Assistant ate. Page S215 Secretary of the Navy. Measures Considered: Margaret Scobey, of Tennessee, to be Ambassador Indian Health Care Improvement Act Amend- to the Arab Republic of Egypt. ments: Senate continued consideration of S. 1200, to D. Kathleen Stephens, of Montana, to be Ambas- amend the Indian Health Care Improvement Act to sador to the Republic of Korea. revise and extend the Act, taking action on the fol- Steven G. Bradbury, of Maryland, to be an Assist- lowing amendments proposed thereto: Pages S158–79 ant Attorney General. Pending: 19 Air Force nominations in the rank of general. Bingaman/Thune Amendment No. 3894 (to 9 Marine Corps nominations in the rank of gen- Amendment No. 3899), to amend title XVIII of the eral. Social Security Act to provide for a limitation on the Routine lists in the Air Force, Army, Marine charges for contract health services provided to Indi- Corps, Navy. Pages S219–23 ans by Medicare providers. Page S158 Nominations Withdrawn: Senate received notifica- Vitter Amendment No. 3896 (to Amendment No. tion of withdrawal of the following nominations: 3899), to modify a section relating to limitation on Andrew G. Biggs, of New York, to be Deputy use of funds appropriated to the Service. Page S158 Commissioner of Social Security for the term expir- Brownback Amendment No. 3893 (to Amend- ing January 19, 2013, which was sent to the Senate ment No. 3899), to acknowledge a long history of on January 9, 2007. official depredations and ill-conceived policies by the Andrew G. Biggs, of New York, to be Deputy Federal Government regarding Indian tribes and Commissioner of Social Security for a term expiring D33

VerDate Aug 31 2005 00:44 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD08\RECFILES\D23JA8.REC D23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE D34 CONGRESSIONAL RECORD — DAILY DIGEST January 23, 2008 January 19, 2013 (Recess Appointment), which was day, January 24, 2008. (For Senate’s program, see sent to the Senate on May 16, 2007. the remarks of the Acting Majority Leader in today’s E. Duncan Getchell, Jr., of Virginia, to be United Record on pages S215–16.) States Circuit Judge for the Fourth Circuit, which was sent to the Senate on September 6, 2007. Page S223 Committee Meetings Messages from the House: Pages S204–05 (Committees not listed did not meet) Measures Referred: Page S205 Measures Placed on the Calendar: Page S205 JUSTICE FOR ALL ACT Enrolled Bills Presented: Page S205 Committee on the Judiciary: Committee concluded an Executive Communications: Pages S205–07 oversight hearing to examine the Justice for All Act (Public Law 108–405), focusing on the administra- Additional Cosponsors: Pages S207–09 tion of the Bloodsworth and Coverdell DNA Grant Statements on Introduced Bills/Resolutions: Programs by the Department of Justice, after receiv- Pages S209–10 ing testimony from Glenn A. Fine, Inspector Gen- Additional Statements: Pages S202–03 eral, and John Morgan, Deputy Director, National Amendments Submitted: Pages S210–14 Institute of Justice, Office of Justice Programs, both of the Department of Justice; Peter M. Marone, Vir- Notices of Hearings/Meetings: Page S214 ginia Department of Forensic Science, Richmond, on Authorities for Committees to Meet: Page S214 behalf of the Consortium of Forensic Science Organi- Privileges of the Floor: Page S214 zations; Larry A. Hammond, Osborn Maledon, Phoe- Adjournment: Senate convened at 12:00 noon and nix, Arizona; and Peter Neufeld, Cardozo School of adjourned at 7:39 p.m., until 9:30 a.m. on Thurs- Law Innocence Project, New York, New York. h House of Representatives Subsequently, the message (H. Doc. 110–80) and Chamber Action the bill were referred to the Committees on Energy Public Bills and Resolutions Introduced: 36 pub- and Commerce and Ways and Means. Pages H407–08 lic bills, H.R. 5101–5136; and 8 resolutions, H. Speaker Pro Tempore: Read a letter from the Con. Res. 281–283; and H. Res. 935–939 were in- Speaker wherein she appointed Representative Hoyer troduced. Pages H454–56 and Representative Van Hollen to act as Speaker pro Additional Cosponsors: Pages H456–57 tempore to sign enrolled bills and joint resolutions through February 6, 2008. Page H408 Reports Filed: There were no reports filed today. Providing for a Joint Session of Congress to re- Chaplain: The prayer was offered by the guest ceive a message from the President: The House Chaplain, Rev. Sau´l Santos, Jr., Fountain of Truth agreed to H. Con. Res. 282, providing for a Joint Church, Fontana, California. Page H391 Session of Congress to receive a message from the Children’s Health Insurance Program Reauthor- President on the State of the Union on Monday, Jan- ization Act of 2007—Presidential Veto: The uary 28, 2008. Pages H409–10 House voted to sustain the President’s veto of H.R. Suspensions: The House agreed to suspend the rules 3963, to amend title XXI of the Social Security Act and pass the following measures: to extend and improve the Children’s Health Insur- Section 515 Rural Housing Property Transfer ance Program, by a yea-and-nay vote of 260 yeas to Improvement Act of 2007: H.R. 3873, to expedite 152 nays, Roll No. 22 (two-thirds of those present the transfer of ownership of rural multifamily hous- not voting to override). Earlier, the House agreed to ing projects with loans made or insured under sec- order the previous question by a yea-and-nay vote of tion 515 of the Housing Act of 1949 so that such 217 yeas to 195 nays, Roll No. 21. Pages H395–H407 projects are rehabilitated and preserved for use for af- fordable housing; Pages H410–12

VerDate Aug 31 2005 00:44 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD08\RECFILES\D23JA8.REC D23JA8 mmaher on PROD1PC76 with CONG-REC-ONLINE January 23, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D35 Amending the National Flood Insurance Act of 1968 to provide for the phase-in of actuarial rates Committee Meetings for certain pre-FIRM properties: H.R. 3959, ARMY CONTRACTING TASK FORCE; DOD amended, to amend the National Flood Insurance OUTSOURCING—GAO Act of 1968 to provide for the phase-in of actuarial rates for certain pre-FIRM properties; Pages H412–13 Committee on Appropriations: Subcommittee on Defense met in executive session to hold a hearing on Army Honoring the contributions of Catholic schools: Contracting Task Force. Testimony was heard from H. Res. 916, to honor the contributions of Catholic the following officials of the Department of the schools; Pages H414–17 Army: Ross Thompson, Deputy Assistant Secretary, Supporting the goals and ideals of National Acquisition, Logistics and Technology; and Daniel Mentoring Month: H. Res. 908, to support the Quinn, Chief of Staff, U.S. Army Criminal Investiga- goals and ideals of National Mentoring Month; tion Command. Pages H417–20 The Subcommittee also met in executive session to hold a hearing on DOD Outsourcing—GAO. Expressing support for designation of the week Testimony was heard from David M. Walker, Comp- of February 4 through February 8, 2008 as ‘‘Na- troller General, GAO. tional School Counseling Week’’: H. Res. 932, to express support for designation of the week of Feb- FOREIGN ASSISTANCE IN THE 21ST ruary 4 through February 8, 2008 as ‘‘National CENTURY—PROPOSALS FOR REFORM AND School Counseling Week’’; Pages H420–22 RESTRUCTURING Raising awareness and encouraging prevention Committee on Appropriations: Subcommittee on State, of stalking by establishing January 2008 as ‘‘Na- Foreign Operations, and Related Programs held a tional Stalking Awareness Month’’: H. Res. 852, hearing on Foreign Assistance in the 21st Century: amended, to raise awareness and encourage preven- Proposals for Reform and Restructuring. Testimony tion of stalking by establishing January 2008 as was heard from public witnesses. ‘‘National Stalking Awareness Month’’; Pages H422–24 AFGHANISTAN—U.S. STRATEGY AND Mentally Ill Offender Treatment and Crime Re- OPERATIONS duction Reauthorization and Improvement Act of 2007: H.R. 3992, amended, to amend title I of the Committee on Armed Services: Held a hearing on Assess- Omnibus Crime Control and Safe Streets Act of ment of U.S. Strategy and Operations in Afghanistan 1968 to provide grants for the improved mental and the Way Ahead. Testimony was heard from health treatment and services provided to offenders LTG David W. Barno, USA (Ret.), Director, Near East South Asia Center for Strategic Studies, Na- with mental illnesses; and Pages H424–28 tional Defense University, Department of Defense; Death in Custody Reporting Act of 2007: H.R. and public witnesses. 3971, amended, to encourage States to report to the Attorney General certain information regarding the IRAQ—POST SURGE ALTERNATIVES deaths of individuals in the custody of law enforce- Committee on Armed Services: Subcommittee on Over- ment agencies. Pages H428–31 sight and Investigations continued hearings on A Agreed to amend the title so as to read: ‘‘To en- Continuing Dialogue: Post-Surge Alternatives for courage States to report to the Attorney General cer- Iraq (Part 2). Testimony was heard from public wit- tain information regarding the deaths of individuals nesses. in the custody of law enforcement agencies, and for other purposes.’’. Page H431 CBO BUDGET AND ECONOMIC OUTLOOK Quorum Calls—Votes: Two yea-and-nay votes de- Committee on the Budget: Held a hearing on the Con- veloped during the proceedings of today and appear gressional Budget Office’s Budget and Economic on pages H406–07 and H407. There were no Outlook. Testimony was heard from Peter Orszag, quorum calls. Director, CBO. Adjournment: The House met at 10 a.m. and ad- EARLY EDUCATION journed at 6:28 p.m. Committee on Education and Labor: Held a hearing on Investing in Early Education: Paths to Improving Children’s Success. Testimony was heard from public witnesses.

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VETERINARY PUBLIC HEALTH in the Small Group Market.’’ Testimony was heard WORKFORCE EXPANSION ACT OF 2007 from public witnesses. Committee on Energy and Commerce: Subcommittee on TRANSPORTATION WORKERS IDs Health held a hearing on H.R. 1232, Veterinary Public Health Workforce Expansion Act of 2007. Committee on Transportation and Infrastructure: Sub- Testimony was heard from public witnesses. committee on Coast Guard and Maritime Transpor- tation held a hearing on Transportation Workers COMBATING NUCLEAR PROLIFERATION Identification Credentials—Follow-Up. Testimony Committee on Energy and Commerce: Subcommittee on was heard from the following officials of the Depart- Oversight and Investigations held a hearing entitled ment of Homeland Security: RADM Brian Salerno, ‘‘Combating Nuclear Proliferation: The Effectiveness USCG, Assistant Commandant, Safety, Security, and of the Department of Energy’s Initiatives for Pro- Stewardship, U.S. Coast Guard; and Maurine liferation Prevention (IPP) Program.’’ Testimony was Fanguy, Transportation Workers Identification Cre- heard from Adam Scheinman, Assistant Deputy Ad- dentials Program Manager, Transportation Security ministrator, Office of Nonproliferation and Inter- Administration; John Porcari, Secretary, Department national Security, National Nuclear Security Admin- of Transportation, State of Maryland; and a public istration, Department of Energy; Richard Stratford, witness. Acting Deputy Assistant Secretary, Bureau of Inter- GREAT LAKES IMPROVING WATER national Security and Nonproliferation, Department QUALITY PROGRESS of State; and Robert A. Robinson, Managing Direc- tor, Natural Resources and the Environment, GAO. Committee on Transportation and Infrastructure: Sub- committee on Water Resources and Environment IRAQ—PROPOSED U.S. SECURITY held a hearing on Progress Toward Improving Water COMMITMENT Quality in the Great Lakes. Testimony was heard Committee on Foreign Affairs: Subcommittee on Inter- from Representatives Visclosky, Stupak, Kirk and national Organizations, Human Rights, and Over- Emanuel; David Maurer, Acting Director, Natural sight and the Subcommittee on the Middle East and Resources and Environment, GAO; Benjamin H. South Asia held a joint hearing on the Proposed U.S. Grumbles, Assistant Administrator, Office of Water, Security Commitment to Iraq: What Will Be In It EPA; Stephen B. Brandt, Director, Great Lakes En- and Should It Be a Treaty? Testimony was heard vironmental Research Laboratory, NOAA, Depart- from Kenneth Katzman, Specialist in Middle East ment of Commerce; Charles Wooley, Acting Re- Affairs, Foreign Affairs, Defense and Trade Division, gional Director, Midwest Region, U.S. Fish and CRS, Library of Congress; and public witnesses. Wildlife Service, Department of the Interior; Chris- tina Muedeking, Central Regional Assistant Chief, CHEMICAL FACILITY ANTI-TERRORISM Natural Resources Conservation Service, USDA; and ACT OF 2008 Irene Brooks, Chair, U.S. Section, International Joint Committee on Homeland Security: Subcommittee on Commission of the U.S. and Canada. Transportation Security and Infrastructure Protection CHINA approved for full Committee action, as amended, the Chemical Facility Anti-Terrorism Act of 2008. Permanent Select Committee on Intelligence: Sub- committee on Terrorism, Human Intelligence, Anal- FUTURE OF U.S. EMBASSIES ysis and Counterintelligence met in executive session Committee on Oversight and Government Reform: Sub- to hold a hearing on China. Testimony was heard committee on National Security and Foreign Affairs from departmental witnesses. held a hearing on Fortress America Abroad: Effective AUCTION AND REVENUE RECYCLING Diplomacy and the Future of U.S. Embassies. Testi- UNDER CARBON CAP AND TRADE mony was heard from public witnesses. Select Committee on Energy Independence and Global Warm- SMALL BUSINESSES HEALTH CARE ing: Held a hearing entitled ‘‘Cap, Auction, and Trade: OPTIONS Auctions and Revenue Recycling Under Carbon Cap and Trade.’’ Testimony was heard from Ian Bowles, Secretary Committee on Small Business: Held a hearing entitled of Energy and Environmental Affairs, State of Massachu- ‘‘Limited Health Care Options for Small Businesses setts; and public witnesses.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, January 24 2 p.m., Monday, January 28

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Monday: Joint Meeting of Congress to re- ation of S. 2248, FISA Amendments Act. ceive the President’s State of the Union Message.

Extensions of Remarks, as inserted in this issue

HOUSE Ferguson, Mike, N.J., E67 Mica, John L., Fla., E72 Forbes, J. Randy, Va., E63 Miller, Jeff, Fla., E69 Andrews, Robert E., N.J., E64 Franks, Trent, Ariz., E71 Ortiz, Solomon P., Tex., E61, E62 Baca, Joe, Calif., E62, E67 Frelinghuysen, Rodney P., N.J., E69 Poe, Ted, Tex., E65 Berkley, Shelley, Nev., E64 Green, Gene, Tex., E64 Reynolds, Thomas M., N.Y., E70 Berman, Howard L., Calif., E68 Hare, Phil, Ill., E62 Bishop, Timothy H., N.Y., E65 Hensarling, Jeb, Tex., E62 Ross, Mike, Ark., E65, E68 Blackburn, Marsha, Tenn., E69, E72 Israel, Steve, N.Y., E68 Roybal-Allard, Lucille, Calif., E72 Blumenauer, Earl, Ore., E61, E61 Johnson, Timothy V., Ill., E63 Schakowsky, Janice D., Ill., E67 Bono Mack, Mary, Calif., E71 Kennedy, Patrick J., R.I., E66 Tancredo, Thomas G., Colo., E72 Butterfield, G.K., N.C., E66, E67 Kind, Ron, Wisc., E66 Thompson, Bennie G., Miss., E64 Crowley, Joseph, N.Y., E71 Knollenberg, Joe, Mich., E68, E73 Tiahrt, Todd, Kans., E65 Diaz-Balart, Lincoln, Fla., E62 Lewis, John, Ga., E73 Upton, Fred, Mich., E66 Drake, Thelma D., Va., E69 Lewis, Ron, Ky., E61, E61 Weiner, Anthony D., N.Y., E72 Duncan, John J., Jr., Tenn., E64 Lofgren, Zoe, Calif., E70 Young, C.W. Bill, Fla., E69 Ellison, Kieth, Minn., E64 Manzullo, Donald A., Ill., E63

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